Minnesota Legislature
HF 4355
2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/28/2022 11:12am
Current Version - 2nd Engrossment
2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38
2.39 2.40 2.41 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 3.34 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 5.3 5.4 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 5.31 5.32 5.33 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 6.32 6.33 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 7.32 7.33 7.34 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
8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31
8.32 8.33 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
10.1 10.2 10.4 10.3 10.5 10.7 10.6 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 10.36 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 11.34 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 13.3 13.4 13.5 13.6 13.7 13.8 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 13.34 13.35 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 14.33 14.34 14.35 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 15.33 15.34 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 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 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 17.34 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
19.32
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 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 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 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 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 26.30 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 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 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 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 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 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 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 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 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 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 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
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 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 41.32 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 42.30 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
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 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 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 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 49.33 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 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 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 54.33 54.34 54.35 54.36 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 55.33 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 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 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 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 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 60.32 60.33 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 61.31 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 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 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 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 65.29 65.30 65.31 65.32 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 66.30 66.31 66.32 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 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 68.30 68.31 68.32 68.33 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 69.31 69.32 69.33 69.34 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 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 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 71.29 71.30 71.31 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 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 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 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
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 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 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 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
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 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 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 83.32 83.33 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 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 85.31 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 86.30 86.31 86.32 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 87.31 87.32 87.33 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 88.32 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 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 90.32 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 91.33 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 92.31 92.32
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 93.31 93.32 93.33 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 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 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 97.31 97.32 97.33 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 98.28 98.29 98.30
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 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32
102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11
102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3
103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30
104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9
104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29
108.30 108.31 108.32 108.33
109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 110.1 110.2
110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9
111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25
111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2
112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24
112.25 112.26 112.27 112.28 112.29 112.30
113.1 113.2
113.3 113.4 113.5 113.6 113.7
113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 114.1 114.2 114.3 114.4 114.5 114.6
114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4
115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14
115.15 115.16
115.17 115.18
115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30
115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10
119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18
119.19 119.20 119.21 119.22 119.23 119.24
119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5 120.6
120.7 120.8 120.9 120.10 120.11 120.12 120.13
120.14 120.15 120.16 120.17 120.18 120.19 120.20
120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3
121.4 121.5 121.6
121.7 121.8
121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22
121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2
122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21
122.22 122.23
122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6
123.7 123.8 123.9 123.10
123.11 123.12 123.13 123.14
123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30
124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9
124.10 124.11 124.12 124.13 124.14 124.15
124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 126.1 126.2
126.3 126.4
126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 127.1 127.2 127.3 127.4 127.5
127.6 127.7
127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17
128.18 128.19 128.20 128.21 128.22 128.23
128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32
130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 132.1 132.2 132.3 132.4 132.5 132.6
132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20
132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25
133.26 133.27
134.1 134.2 134.3 134.4 134.5
134.6 134.7 134.8 134.9 134.10 134.11
134.12 134.13 134.14 134.15
134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2 136.3 136.4 136.5
136.6 136.7 136.8 136.9
136.10 136.11
136.12 136.13 136.14 136.15 136.16 136.17
136.18
136.19 136.20 136.21 136.22 136.23 136.24 136.25
136.26
136.27 136.28 136.29 137.1 137.2
137.3
137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11
137.12
137.13 137.14 137.15 137.16
137.17
137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 138.1 138.2 138.3 138.4 138.5
138.6
138.7 138.8 138.9
138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28
138.29 138.30 138.31
139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22
139.23 139.24 139.25 139.26 139.27 139.28 139.29
140.1 140.2 140.3 140.4
140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20
140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17
141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29
142.1 142.2 142.3 142.4 142.5
142.6 142.7 142.8
142.9 142.10 142.11 142.12 142.13
142.14 142.15 142.16 142.17 142.18
142.19 142.20 142.21 142.22 142.23
142.24 142.25 142.26 142.27 142.28 142.29 142.30 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14
143.15 143.16 143.17 143.18
143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9
144.10 144.11 144.12 144.13 144.14
144.15 144.16 144.17 144.18 144.19 144.20 144.21
144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10
145.11 145.12 145.13 145.14 145.15
145.16 145.17
145.18 145.19 145.20 145.21
145.22 145.23 145.24 145.25
145.26 145.27 145.28 145.29 145.30 146.1 146.2
146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29
147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19
147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29
148.30 148.31 148.32 148.33 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28
150.29 150.30 150.31 150.32 151.1 151.2 151.3
151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11
152.12 152.13 152.14
152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8
153.9 153.10 153.11
153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27
154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25
155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33
156.1 156.2
156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12
156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11
157.12 157.13 157.14 157.15 157.16 157.17 157.18
157.19
157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30
157.31
158.1 158.2
158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21
158.22
158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18
160.19
160.20 160.21
160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16
163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14
165.15 165.16
165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31
166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28
167.29 167.30 167.31 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17
168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20
172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 174.1 174.2 174.3 174.4 174.5 174.6 174.7
174.8 174.9
174.10 174.11
174.12 174.13
174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31
175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19
175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10
176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13
177.14
177.15 177.16
177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12
180.13 180.14 180.15 180.16
180.17 180.18
180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28
180.29 180.30 180.31 180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2
185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27
185.28 185.29 185.30 185.31 185.32 185.33 185.34 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22
186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 186.34 186.35 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10
187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19
187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 187.35 188.1 188.2 188.3 188.4 188.5
188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23
188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 188.35 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11
190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 190.35 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15
191.16 191.17
191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31
191.32 191.33 191.34 191.35 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 192.33 192.34 192.35 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 193.35 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24
194.25 194.26 194.27 194.28 194.29 194.30 194.31
195.1 195.2
195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13
195.14
195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11
196.12
196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10
197.11
197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 203.1 203.2 203.3 203.4
203.5
203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17
204.18 204.19
204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31
204.32 204.33
205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 207.1 207.2 207.3 207.4
207.5 207.6
207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15
207.16 207.17
207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23
211.24
211.25 211.26 211.27 211.28 211.29 211.30 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 217.1 217.2
217.3
217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15
217.16
217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 218.1 218.2
218.3
218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26
218.27
218.28 218.29 218.30 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13
222.14
222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 223.1 223.2 223.3 223.4 223.5
223.6
223.7 223.8 223.9 223.10 223.11
223.12
223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23
223.24
223.25 223.26 223.27 223.28 223.29 223.30 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8
224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 229.1 229.2 229.3 229.4
229.5 229.6 229.7
229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26
229.27
229.28 229.29 229.30 229.31 229.32 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12
230.13 230.14 230.15
230.16 230.17
230.18 230.19
230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31
231.1
231.2 231.3 231.4 231.5 231.6 231.7
231.8
231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19
231.20
231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29
231.30
232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26
232.27
233.1 233.2
233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23
233.24
233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11
234.12
234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29 234.30 234.31 234.32 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21
235.22
235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 235.32 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 237.1 237.2 237.3 237.4 237.5 237.6 237.7
237.8
237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28
241.29
242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18
243.19 243.20 243.21 243.22
243.23 243.24 243.25 243.26 243.27 243.28 243.29 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9
244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 247.1 247.2 247.3 247.4 247.5
247.6
247.7 247.8 247.9 247.10 247.11 247.12
247.13
247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30
247.31
248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 249.34 250.1 250.2
250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12
250.13
250.14 250.15 250.16
250.17
250.18 250.19
250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9
251.10
251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28
251.29
252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16
252.17
252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 253.1 253.2 253.3 253.4
253.5
253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 255.32 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17
256.18
256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10
258.11
258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 259.1 259.2
259.3
259.4 259.5 259.6 259.7 259.8 259.9
259.10 259.11 259.12 259.13 259.14
259.15 259.16 259.17 259.18 259.19
259.20 259.21 259.22 259.23
259.24 259.25 259.26 259.27 259.28 259.29 259.30
260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25
260.26
260.27 260.28 260.29 260.30 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 262.1 262.2
262.3
262.4 262.5
262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19
266.20 266.21
266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32
267.1 267.2 267.3 267.4 267.5 267.6
267.7
267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22
267.23
267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32
268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19
269.20
269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 270.1 270.2
270.3 270.4
270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18
270.19 270.20
270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29
271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18
271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23
272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 274.32 274.33 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25
278.26
278.27 278.28 278.29 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24
281.25
281.26 281.27 281.28 281.29 281.30 281.31 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24
283.25
283.26 283.27 283.28 283.29 283.30 283.31 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18
285.19
285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8
286.9 286.10 286.11
286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29
286.30 286.31 286.32
287.1 287.2
287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31
287.32 287.33
288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22
289.23
289.24 289.25 289.26 289.27 289.28 289.29 289.30 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 291.1 291.2 291.3
291.4
291.5 291.6
291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27
295.28 295.29 295.30 295.31 295.32 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26
297.27 297.28 297.29 297.30 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8
301.9
301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20
302.21 302.22 302.23 302.24 302.25 302.26 302.27
302.28
303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13
303.14
303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15
304.16 304.17
304.18 304.19
304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 305.1 305.2 305.3 305.4
305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 305.34 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20
306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28
306.29 306.30 306.31 306.32 306.33 307.1 307.2
307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13
307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23
307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32
307.33 308.1 308.2 308.3 308.4 308.5 308.6 308.7
308.8 308.9 308.10 308.11
308.12 308.13
308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25
308.26 308.27 308.28 308.29 308.30 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11
309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26
309.27 309.28 309.29 309.30 309.31 310.1 310.2
310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13
310.14 310.15 310.16 310.17 310.18
310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 312.1 312.2
312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19
312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29
313.30 313.31 313.32 313.33 314.1 314.2 314.3 314.4 314.5 314.6
314.7 314.8 314.9 314.10 314.11 314.12 314.13
314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26
314.27 314.28 314.29 314.30 314.31 315.1 315.2 315.3
315.4 315.5 315.6 315.7 315.8 315.9 315.10
315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19
315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28
315.29 315.30 315.31 316.1 316.2 316.3 316.4
316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12
316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30
317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27
317.28 317.29 317.30 317.31 317.32 317.33 317.34 317.35 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12
318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32 318.33 318.34 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16
319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29
320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21
320.22 320.23 320.24 320.25 320.26 320.27 320.28
320.29 320.30 320.31 320.32 321.1 321.2 321.3 321.4 321.5 321.6 321.7
321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15
321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28
322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12
322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32
324.1 324.2 324.3 324.4 324.5
324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 326.1 326.2 326.3 326.4 326.5 326.6 326.7
326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18 326.19
326.20 326.21 326.22 326.23 326.24 326.25
326.26 326.27
326.28 326.29 326.30 326.31 326.32 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24
327.25 327.26 327.27 327.28 327.29 327.30 327.31 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8
328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22
328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30
329.1 329.2 329.3 329.4 329.5
329.6 329.7 329.8 329.9 329.10
329.11 329.12 329.13 329.14 329.15 329.16 329.17
329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 329.32
330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9
330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27
331.28 331.29 331.30 331.31 331.32
332.1 332.2 332.3 332.4 332.5 332.6
332.7
332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8
333.9
333.10 333.11 333.12 333.13 333.14 333.15 333.16
333.17
333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 334.1 334.2 334.3 334.4 334.5 334.6 334.7
334.8
334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30 335.31 335.32 335.33 335.34 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 337.1 337.2 337.3 337.4 337.5 337.6 337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14
337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31
338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13
338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30
339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27
339.28 339.29 339.30 339.31 339.32 340.1 340.2 340.3 340.4 340.5 340.6
340.7
340.8 340.9 340.10 340.11 340.12 340.13
340.14
340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24
340.25 340.26 340.27 340.28 340.29 340.30 340.31 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 341.32 341.33 341.34 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 342.35
343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 343.30 343.31 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29 344.30 344.31 344.32 344.33 345.1 345.2 345.3
345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 346.32 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32 348.1 348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19
348.20
348.21 348.22 348.23 348.24 348.25 348.26 348.27
348.28 348.29 348.30 348.31
349.1 349.2 349.3 349.4 349.5 349.6 349.7
349.8 349.9 349.10 349.11 349.12 349.13 349.14 349.15
349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23
349.24 349.25 349.26 349.27
350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 354.1 354.2 354.3 354.4 354.5 354.6 354.7
354.8 354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18
354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23
355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10 356.11 356.12
356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22 356.23 356.24 356.25
356.26 356.27 356.28 356.29 357.1 357.2 357.3
357.4 357.5 357.6
357.7 357.8
357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16 357.17 357.18 357.19 357.20
357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 358.1 358.2 358.3 358.4 358.5 358.6 358.7 358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 358.32 358.33 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9
359.10 359.11 359.12
359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30
360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9
360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32 360.33 361.1 361.2
361.3 361.4 361.5 361.6 361.7 361.8 361.9
361.10 361.11
361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8 362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19
362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29
363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8
363.9 363.10
363.11 363.12 363.13 363.14 363.15 363.16
363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10
364.11 364.12 364.13 364.14 364.15
364.16 364.17 364.18 364.19 364.20
364.21 364.22 364.23 364.24 364.25 364.26 364.27
365.1 365.2 365.3 365.4 365.5
365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13
365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21
365.22 365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31 366.1 366.2 366.3 366.4
366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13
366.14 366.15 366.16 366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 367.1 367.2 367.3 367.4 367.5 367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 367.32 367.33 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12
368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22 368.23 368.24 368.25 368.26 368.27 368.28 368.29 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28
370.1 370.2 370.3 370.4 370.5
370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18
370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27
370.28 370.29 370.30 370.31 371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10
371.11 371.12 371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29 371.30 371.31 371.32 372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24 372.25 372.26 372.27 372.28 372.29 372.30 372.31 372.32 372.33 372.34 373.1 373.2 373.3 373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18
373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26
373.27 373.28 373.29 373.30 373.31 374.1 374.2 374.3 374.4 374.5 374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14 374.15 374.16 374.17 374.18 374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 374.32 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17
375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 375.33 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 377.1 377.2 377.3 377.4 377.5 377.6 377.7 377.8 377.9 377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26
377.27 377.28 377.29 377.30 377.31 377.32 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17 378.18 378.19
378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27
378.28 378.29 378.30 378.31 378.32 379.1 379.2 379.3 379.4 379.5 379.6 379.7 379.8 379.9 379.10 379.11
379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 379.33 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31 380.32
381.1 381.2 381.3 381.4
381.5 381.6
381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14
382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9 383.10 383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 383.31 384.1 384.2 384.3 384.4 384.5 384.6
384.7 384.8 384.9 384.10 384.11 384.12 384.13 384.14 384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23
384.24 384.25
384.26 384.27 384.28 384.29 384.30 384.31 385.1 385.2
385.3 385.4
385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26 385.27 385.28 385.29 385.30 385.31 385.32 385.33 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8
386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23 386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 386.32 387.1 387.2
387.3
387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13 387.14 387.15 387.16 387.17 387.18 387.19
387.20 387.21
A bill for an act
relating to state government; appropriating money for economic development,
labor and industry, energy, and commerce; making policy and technical changes;
requiring reports; authorizing rulemaking; providing penalties; amending Minnesota
Statutes 2020, sections 13.43, subdivision 6; 13.719, by adding a subdivision;
16B.32, subdivisions 1, 1a; 16C.137, subdivision 1; 45.0135, subdivisions 2a, 2b;
45.25, subdivisions 12, 13, by adding subdivisions; 45.31, subdivisions 2, 3; 46.131,
subdivisions 2, 4, 11; 47.08; 47.16, subdivisions 1, 2; 47.172, subdivision 2; 47.28,
subdivision 3; 47.30, subdivision 5; 48A.15, subdivision 1; 53.03, subdivisions 1,
5; 53C.02; 55.10, subdivision 1; 56.02; 60A.033, subdivisions 8, 9, by adding
subdivisions; 60A.954, subdivision 1; 61A.02, by adding a subdivision; 62Q.733,
subdivision 1; 62Q.735, subdivisions 1, 5; 62Q.76, by adding a subdivision; 62Q.78,
by adding a subdivision; 62Q.79, by adding a subdivision; 65B.84, subdivisions
1, 2; 72A.20, by adding a subdivision; 72A.2031, subdivisions 8, 10, by adding
subdivisions; 72A.2032, subdivisions 4, 6, 7, 8, by adding subdivisions; 72A.2033;
72A.2034; 72A.2035, subdivision 1; 72A.2036; 80A.61; 80C.05, subdivision 2;
80C.08, subdivision 1; 80G.01, subdivision 3, by adding a subdivision; 80G.02,
subdivisions 1, 4; 80G.03, subdivision 2; 80G.04, subdivision 1; 80G.05,
subdivision 1; 80G.06, subdivision 2; 80G.07, subdivision 1; 82B.03, by adding
a subdivision; 82B.19, by adding a subdivision; 82C.17, subdivision 2; 116C.779,
subdivision 1; 116J.55, subdivision 5; 116J.552, subdivision 6; 116J.8747;
116J.8770; 116J.993, subdivision 3; 116L.04, subdivision 1a; 116L.17, subdivision
1; 116L.98, subdivisions 2, 3; 160.08, subdivision 7; 168.27, by adding a
subdivision; 175.16, subdivision 1; 177.26; 177.27, subdivisions 2, 4, 7; 178.01;
178.011, subdivision 7; 178.03, subdivision 1; 178.11; 179.86, subdivisions 1, 3,
by adding subdivisions; 179A.041, by adding a subdivision; 181.032; 181.14,
subdivision 1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86,
subdivision 1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by
adding a subdivision; 181.942, subdivision 1; 181.9435, subdivision 1; 181.9436;
182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 216B.16, subdivision
13; 216B.1611, by adding a subdivision; 216B.1641; 216B.1645, subdivision 2;
216B.1691, subdivision 9; 216B.17, subdivision 1; 216B.2422, subdivisions 1, 3,
5, 7, by adding subdivisions; 216B.2425, subdivision 8; 216B.243, subdivision 8;
216B.50, subdivision 1; 216C.264, subdivision 5, by adding a subdivision;
216C.435, subdivision 8; 216C.436, subdivision 2, by adding a subdivision;
216E.01, subdivision 9a; 216E.03, subdivisions 1, 5, 7, 10, 11; 216E.04, subdivision
2; 216F.04; 239.761, subdivisions 3, 4; 239.791, subdivision 2a; 256J.561, by
adding a subdivision; 256J.95, subdivisions 3, 11; 268.19, subdivision 1; 296A.01,
subdivision 23; 325E.21, by adding subdivisions; 326B.103, subdivision 13, by
adding subdivisions; 326B.106, subdivisions 1, 4, by adding a subdivision;
326B.145; 326B.153, by adding a subdivision; 326B.163, subdivision 5, by adding
a subdivision; 326B.164, subdivision 13; 326B.36, subdivision 7; 332.33,
subdivision 3, by adding a subdivision; 336.9-510; 336.9-516; 341.21, subdivisions
2a, 2c, 7; 341.221; 341.25; 341.28; 341.30, subdivision 4; 341.32, subdivision 2;
341.321; 341.33; 341.355; 515B.3-102; 549.30, subdivisions 3, 6, 15, 19, by adding
subdivisions; 549.31; 549.32; 549.34; 609.5316, subdivision 3; Minnesota Statutes
2021 Supplement, sections 16C.135, subdivision 3; 62J.26, subdivision 2; 80G.06,
subdivision 1; 80G.11; 82B.25, subdivision 2; 116C.7792; 116J.8749; 116J.9924,
subdivision 4; 216C.375, subdivision 1; 256P.01, subdivision 3; 326B.092,
subdivision 7; 326B.153, subdivision 1; Laws 2021, First Special Session chapter
10, article 1, sections 2, subdivision 2; 5; Laws 2021, First Special Session chapter
14, article 11, section 42; proposing coding for new law in Minnesota Statutes,
chapters 13; 45; 58B; 62Q; 116C; 116J; 177; 179; 181; 182; 214; 216B; 216C;
325F; 332; 336; 341; 500; 549; proposing coding for new law as Minnesota Statutes,
chapter 268B; repealing Minnesota Statutes 2020, sections 16B.323, subdivisions
1, 2; 16B.326; 45.25, subdivisions 2a, 14; 60A.033, subdivision 3; 62Q.56,
subdivision 1a; 72A.2031, subdivisions 3, 9, 11; 72A.2032, subdivisions 1, 2, 3,
5; 181.9413; 216B.16, subdivision 10; Minnesota Statutes 2021 Supplement,
section 116J.9924, subdivision 6; Laws 2017, chapter 5, section 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ECONOMIC DEVELOPMENT APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
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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. If an appropriation in this act is
enacted more than once during the 2022 regular session, the appropriation is to be given
effect only once.
new text end
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new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
|
||||||
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
217,097,000 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 Fund new text end |
new text begin
-0- new text end |
new text begin
191,347,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
-0- new text end |
new text begin
25,750,000 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
Business and Community Development
|
new text begin
-0- new text end |
new text begin
134,300,000 new text end |
||||
new text begin
(a) $20,000,000 in fiscal year 2023 is for the
Main Street Economic Revitalization Program
under Minnesota Statutes, section 116J.8749.
This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(b) $45,000,000 in fiscal year 2023 is for
deposit in the spark small business loan
program account under Minnesota Statutes,
section 116J.9926. Of this amount,
$10,000,000 is for loans to community
businesses as defined in Minnesota Statutes,
section 116J.8751. Beginning in fiscal year
2024, the base amount is $3,000,000.
new text end
new text begin
(c) $20,000,000 in fiscal year 2023 is for
deposit in the emerging developer fund
account in the special revenue fund. Of this
amount, up to five percent is for the
administration and monitoring of the emerging
developer fund program under Minnesota
Statutes, section 116J.9926. Beginning in
fiscal year 2024, the base amount is
$1,000,000.
new text end
new text begin
(d) $7,500,000 in fiscal year 2023 is for the
Canadian border counties economic relief
program. This is a onetime appropriation.
new text end
new text begin
(e) $35,000,000 in fiscal year 2023 is for the
small business recovery grant program. This
is a onetime appropriation and is available
until June 30, 2024.
new text end
new text begin
(f) $800,000 in fiscal year 2023 is for a grant
to Enterprise Minnesota, Inc., for the small
business growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation.
new text end
new text begin
(g) $1,000,000 in fiscal year 2023 is for Join
Us Minnesota campaign to market the state of
Minnesota to businesses and potential workers.
This appropriation is available until June 30,
2024. Of this amount, up to five percent is for
administration and monitoring of the program.
Beginning in fiscal year 2024, the base amount
is $500,000.
new text end
new text begin
(h) $2,000,000 in fiscal year 2023 is for a
grant to the Center for Economic Inclusion for
strategic, data-informed investments in job
creation strategies that respond to the needs
of underserved populations statewide. Of this
amount, up to ten percent may be used for the
center's technical assistance and administrative
costs. This is a onetime appropriation.
new text end
new text begin
(i)(1) $1,000,000 in fiscal year 2023 is for a
grant to the Coalition of Asian American
Leaders to address employment and economic
disparities for Asian Minnesotan communities
in response to the COVID-19 pandemic and
incidents of bias by conducting and
disseminating research and by providing
grants, outreach, and technical assistance to
Asian Minnesotan individuals, small
businesses, and nonprofit organizations to
navigate state programs and grants related to
COVID-19 pandemic health and economic
recovery challenges. This is a onetime
appropriation and is available until December
31, 2024.
new text end
new text begin
(2) The Coalition of Asian American Leaders
must issue a report on the outcomes of the
grant to the commissioner of employment and
economic development by December 15, 2024.
new text end
new text begin
(j) $2,000,000 in fiscal year 2023 is for a grant
to Women's Foundation of Minnesota to invest
in economic structures that educate, mobilize,
and equip Black women with the necessary
tools to build, retain, and strengthen the
capacity to build generational wealth. This is
a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Employment and Training Programs
|
new text begin
-0- new text end |
new text begin
52,450,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
-0- new text end |
new text begin
26,700,000 new text end |
|
new text begin
Workforce Development Fund new text end |
new text begin
-0- new text end |
new text begin
25,750,000 new text end |
new text begin
(a) $1,000,000 in fiscal year 2023 is for grants
to organizations providing support services to
new Americans in order to facilitate successful
community integration and entry into the
workforce. Services may include case
management, job training and employment
services, education programs, and legal
services. Of this amount:
new text end
new text begin
(1) $325,000 is for a grant to the International
Institute of Minnesota;
new text end
new text begin
(2) $325,000 is for a grant to the Minnesota
Council of Churches;
new text end
new text begin
(3) $223,000 is for a grant to Arrive
Ministries; and
new text end
new text begin
(4) $127,000 is for a grant to Catholic
Charities of the Diocese of Winona, Inc.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin
(b) $750,000 in fiscal year 2023 is from the
workforce development fund for a grant to the
Minneapolis Park and Recreation Board's Teen
Teamworks youth employment and training
programs. This is a onetime appropriation and
is available until spent.
new text end
new text begin
(c)(1) $20,000,000 in fiscal year 2023 is from
the workforce development fund for grants to
Minnesota's 16 local workforce development
boards for strategies identified in local
Workforce Innovation and Opportunity Act
plans to address Minnesota's current workforce
shortages by supporting training for
unemployed and underemployed Minnesotans
and the earning of industry-recognized
credentials to equip workers with in-demand
skills. Allowable uses of money include but
are not limited to helping job seekers prepare
for and find jobs, providing services to
employers, supporting CareerForce locations,
and conducting marketing and outreach for
CareerForce services. Grant money must not
be used for administrative costs. Grants shall
be distributed consistent with the distribution
and utilization of money under federal
legislation regarding job training and related
services. This is a onetime appropriation and
is available until expended.
new text end
new text begin
(2) By January 15 of each year that grant
money is used, beginning in 2023, all grant
recipients shall submit a report to the
governor's Workforce Development Board
that details the use of grant money, including
the number of businesses, job seekers, and
other stakeholders served.
new text end
new text begin
(d) $5,000,000 in fiscal year 2023 is from the
workforce development fund for a youth
technology competitive training grant program
to prepare people who are Black, Indigenous,
people of color, or women to meet the growing
labor needs in Minnesota's technology
industry. This is a onetime appropriation and
money is available until June 30, 2024. Of this
amount, up to five percent is for administration
and monitoring of the program. Grant money
must be used to:
new text end
new text begin
(1) provide career education, wraparound
support services, and job skills training for
high school aged youth in the technology
industry;
new text end
new text begin
(2) increase the number of summer internship
opportunities in the technology industry;
new text end
new text begin
(3) support outreach activities to businesses
and create pathways for employment and
internships for youth in the technology
industry; and
new text end
new text begin
(4) increase the number of young adults
employed in the technology industry and
ensure that they reflect Minnesota's diverse
workforce.
new text end
new text begin
Programs and services supported by grant
money must give priority to individuals and
groups that are economically disadvantaged
or historically underrepresented in the
technology industry, including but not limited
to women, veterans, and members of minority
and immigrant groups.
new text end
new text begin
(e) $470,000 in fiscal year 2023 is for
activities associated with the Office for New
Americans in Minnesota Statutes, section
116J.4231. Beginning in fiscal year 2024, the
base amount is $500,000.
new text end
new text begin
(f) $25,230,000 in fiscal year 2023 is for the
targeted community capital project grant
program under Minnesota Statutes, section
116J.9924. This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Paid Family and Medical Leave
|
new text begin
-0- new text end |
new text begin
30,347,000 new text end |
||||
new text begin
(a) $30,347,000 in fiscal year 2023 is for
purposes of Minnesota Statutes, chapter 268B.
This is a onetime appropriation.
new text end
new text begin
(b) The base for the family and medical benefit
insurance account in the special revenue fund
is $37,215,000 in fiscal year 2024 and
$453,290,000 in fiscal year 2025.
new text end
Sec. 3. 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
536,000 new text end |
||
new text begin
(a) $536,000 in fiscal year 2023 is for
purposes of Minnesota Statutes, chapter 268B.
This is a onetime appropriation.
new text end
new text begin
(b) The base for the family and medical benefit
insurance account in the special revenue fund
is $436,000 in fiscal year 2024 and $559,000
in fiscal year 2025.
new text end
Sec. 4. new text begin DEPARTMENT OF HUMAN
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,066,000 new text end |
||
new text begin
$1,066,000 in fiscal year 2023 is for purposes
of Minnesota Statutes, chapter 268B. The base
for this appropriation is $0 in fiscal year 2024
and $214,000 in fiscal year 2025.
new text end
Sec. 5. new text begin MANAGEMENT AND BUDGET
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
For purposes of Minnesota Statutes, chapter
268B, the general fund base is $1,967,000 in
fiscal year 2024 and $4,103,000 in fiscal year
2025.
new text end
Sec. 6. new text begin LEGISLATIVE COORDINATING
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
22,000 new text end |
||
new text begin
$22,000 in fiscal year 2023 is for purposes of
Minnesota Statutes, chapter 268B. The base
for this appropriation is $73,000 in fiscal year
2024 and $141,000 in fiscal year 2025.
new text end
Sec. 7. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
15,000 new text end |
||
new text begin
$15,000 in fiscal year 2023 is for purposes of
Minnesota Statutes, chapter 268B. The base
for this appropriation is $15,000 in fiscal year
2024 and $492,000 in fiscal year 2025.
new text end
Sec. 8. new text begin UNIVERSITY OF MINNESOTA
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
For purposes of Minnesota Statutes, chapter
268B, the general fund base is $1,686,000 in
fiscal year 2025.
new text end
Sec. 9. new text begin FAMILY AND MEDICAL BENEFITS; TRANSFER.
new text end
new text begin
$31,986,000 in fiscal year 2024 is transferred from the family and medical benefit
insurance account in the special revenue fund to the general fund. This is a onetime transfer.
new text end
Sec. 10. new text begin DUPLICATE APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation in this act is enacted more than once during the 2022 regular session,
the appropriation is to be given effect only once.
new text end
Sec. 11.
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 |
deleted text begin
44,741,000 deleted text end new text begin 58,741,000 new text end |
||||
| Appropriations by Fund |
||
| General |
205,215,000 |
deleted text begin
41,941,000 deleted text end new text begin 55,941,000 new text end |
| 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 deleted text begin $1,425,000deleted text end new text begin
$6,425,000new text end in the second year are for the new text begin
small business partnership grant program
formerly known as the new text end business development
competitive grant program. Of this amount,
up to five percent is for administration and
monitoring of the deleted text begin business development
competitive grantdeleted text end program and $7,000,000 in
the first year deleted text begin isdeleted text end new text begin and $5,000,000 in the second
year arenew text end for technical assistance to small
businesses. new text begin Funding for technical assistance
to small businesses in the second year shall
be divided proportionately between program
grantees from the first year. new text end Except for awards
for technical assistance for small businesses,
all grant awards shall be for two consecutive
yearsdeleted text begin . Grantsdeleted text end new text begin andnew text end shall be awarded in the first
year.new text begin The small business partnership grant
program shall also provide business
development assistance and services to
commercial cooperatives, employee-owned
businesses, and commercial land trusts.
Beginning in fiscal year 2024, the base amount
is $4,925,000 of which $1,500,000 is for
technical assistance to small businesses
participating in the spark small business loan
program under Minnesota Statutes, section
116J.8751.
new text end
(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 deleted text begin each year isdeleted text end new text begin the first year
and $6,500,000 the second year arenew text end 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.
new text begin
The Minnesota Initiative Foundations are
authorized to subgrant their allocation to
partner organizations who are assisting in their
child care work.
new text end
(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) deleted text begin $0 eachdeleted text end new text begin $5,000,000 in the secondnew text end year is
for the redevelopment program under
Minnesota Statutes, sections deleted text begin 116J.575deleted text end
new text begin 116J.571new text end and 116J.5761. new text begin This appropriation
is available until spent.new text end In fiscal year 2024 and
beyond, the base amount is deleted text begin $2,246,000deleted text end new text begin
$3,496,000new text end .
new text begin
(2) For funding in fiscal year 2023, the
commissioner shall prioritize applications
from development authorities located in
low-income areas, defined as:
new text end
new text begin
(i) a census tract that has a poverty rate of at
least 20 percent, as reported by the United
States Bureau of the Census in the most recent
American Community Survey;
new text end
new text begin
(ii) a qualified census tract, as defined under
United States Code, title 26, section 42; or
new text end
new text begin
(iii) a census tract, city, township, or county
in which ten percent of the population have
an annual income of 200 percent or less of the
federal poverty level.
new text end
new text begin
(3) Notwithstanding any other law to the
contrary, no local matching funds are required
from development authorities located in
low-income areas in fiscal year 2023 and state
funds may be used for 100 percent of the cost
of the projects.
new text end
(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, 2022.
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.
Laws 2021, First Special Session chapter 14, article 11, section 42, is amended
to read:
Sec. 42. APPROPRIATION; MEAT PROCESSING BUSINESSES IN
REDEVELOPMENT AREA.
Of an appropriation in fiscal year 2022 for the targeted community capital project grant
program under Minnesota Statutes, section 116J.9924, the commissioner of employment
and economic development must grant $6,000,000 deleted text begin for one or more grants to any business
engaged in the meat processing industry and currently conducting operations in a building
or buildings constructed on or before January 1, 1947, and located in a city of the second
class that was designated as a redevelopment area by the United States Department of
Commerce under the Public Works and Economic Development Act of 1965, Public Law
89-136, title IV, section 401(a)(4). This appropriation includes: site acquisition costs;
relocation costs; predesign; design; sewer, water, and stormwater infrastructure; site
preparation; engineering; and the cost of improvements to real property locally zoned to
allow a meat processing land use that are incurred by any qualified business under this
section. A grantee under this section must work in consultation with a local government
unit with jurisdiction over the area where the property is located on activities funded by the
grant. This is a onetime appropriation. A grant issued under this section is not subject to
the grant requirements under Minnesota Statutes, section 116J.9924.deleted text end new text begin to the city of South
St. Paul for economic development, redevelopment, and job creation and retention programs
and projects. This grant is not subject to the requirements under Minnesota Statutes, chapter
116J.
new text end
Sec. 13. new text begin CANCELLATION AND APPROPRIATION.
new text end
new text begin
(a) All unspent money, estimated to be $889,000, appropriated under Laws 2015, First
Special Session chapter 1, article 1, section 2, subdivision 2, paragraphs (k) and (l), is
canceled to the general fund.
new text end
new text begin
(b) All money canceled under paragraph (a) is appropriated in fiscal year 2023 to the
commissioner of employment and economic development for the targeted community capital
project grant program under Minnesota Statutes, section 116J.9924. This is a onetime
appropriation.
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
ECONOMIC DEVELOPMENT POLICY
Section 1.
new text begin
[116J.015] REVIEW OF REPORT MANDATES.
new text end
new text begin
The commissioner of employment and economic development shall annually create a
list of reports that were mandated by law at least three years prior to the date of the list and
that no longer serve a useful purpose. This list, along with suggested legislation for
eliminating the listed reports, shall be submitted no later than January 15 each year, beginning
in 2023, to the legislative committees with jurisdiction over employment and economic
development for the consideration of the legislature.
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. 2.
new text begin
[116J.4231] OFFICE OF NEW AMERICANS.
new text end
new text begin Subdivision 1. new text end
new text begin Office established; purpose. new text end
new text begin
(a) The Office of New Americans is
established within the Department of Employment and Economic Development. The governor
must appoint an executive director who serves in the unclassified service. The executive
director must hire a program manager and an office assistant, as well as any staff necessary
to carry out the office's duties under subdivision 2.
new text end
new text begin
(b) The purpose of the office is to serve immigrants and refugees in Minnesota by:
new text end
new text begin
(1) addressing challenges that face immigrants and refugees in Minnesota, and creating
access in economic development and workforce programs and services;
new text end
new text begin
(2) providing interstate agency coordination, policy reviews, and guidance that assist in
creating access to immigrants and refugees.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
(a) The office has the duty to:
new text end
new text begin
(1) create and implement a statewide strategy to support immigrant and refugee integration
into Minnesota communities;
new text end
new text begin
(2) address the state's workforce needs by connecting employers and job seekers within
the immigrant and refugee community;
new text end
new text begin
(3) identify strategies to reduce employment barriers for immigrants and refugees;
new text end
new text begin
(4) ensure equitable opportunities and access to services within state government for
immigrants and refugees;
new text end
new text begin
(5) work with state agencies and community and foundation partners to undertake studies
and research and analyze economic and demographic trends to better understand and serve
the state's immigrant and refugee communities;
new text end
new text begin
(6) coordinate and establish best practices for language access initiatives to all state
agencies;
new text end
new text begin
(7) convene stakeholders and make policy recommendations to the governor on issues
impacting immigrants and refugees;
new text end
new text begin
(8) promulgate rules necessary to implement and effectuate this section;
new text end
new text begin
(9) provide an annual report, as required by subdivision 3;
new text end
new text begin
(10) perform any other activities consistent with the office's purpose.
new text end
new text begin Subd. 3. new text end
new text begin Reporting. new text end
new text begin
(a) Beginning January 15, 2024, and each year thereafter, the Office
of New Americans shall report to the legislative committees with jurisdiction over the
office's activities during the previous year.
new text end
new text begin
(b) The report shall contain, at a minimum:
new text end
new text begin
(1) a summary of the office's activities;
new text end
new text begin
(2) suggested policies, incentives, and legislation designed to accelerate the achievement
of the duties under subdivision 2;
new text end
new text begin
(3) any proposed legislative and policy initiatives;
new text end
new text begin
(4) the amount and types of grants awarded under subdivision 6; and
new text end
new text begin
(5) any other information deemed necessary and requested by the legislative committees
with jurisdiction over the office.
new text end
new text begin
(c) The report may be submitted electronically and is subject to section 3.195, subdivision
1.
new text end
new text begin Subd. 4. new text end
new text begin
Interdepartmental Coordinating Council on Immigrant and Refugee
Affairs.
new text end
new text begin
(a) An interdepartmental Coordinating Council on Immigrant and Refugee Affairs
is established to advise the Office of New Americans.
new text end
new text begin
(b) The purpose of the council is to identify and establish ways in which state departments
and agencies can work together to deliver state programs and services effectively and
efficiently to Minnesota's immigrant and refugee populations. The council shall implement
policies, procedures, and programs requested by the governor through the state departments
and offices.
new text end
new text begin
(c) The council shall be chaired by the executive director of the Office of New Americans
and shall be comprised of the commissioners, department directors, or designees, from the
following state departments and offices:
new text end
new text begin
(1) the governor's office;
new text end
new text begin
(2) the Department of Administration;
new text end
new text begin
(3) the Department of Employment and Economic Development;
new text end
new text begin
(4) the Department of Human Services;
new text end
new text begin
(5) the Department of Human Services Resettlement Program Office;
new text end
new text begin
(6) the Department of Labor and Industry;
new text end
new text begin
(7) the Department of Health;
new text end
new text begin
(8) the Department of Education;
new text end
new text begin
(9) the Office of Higher Education;
new text end
new text begin
(10) the Department of Public Safety;
new text end
new text begin
(11) the Department of Corrections; and
new text end
new text begin
(12) the Office of New Americans.
new text end
new text begin
(d) Each department or office serving as a member of the council shall designate one
staff member as an immigrant and refugee services liaison. The liaisons' responsibilities
shall include:
new text end
new text begin
(1) preparation and dissemination of information and services available to immigrants
and refugees;
new text end
new text begin
(2) interfacing with the Office of New Americans on issues that impact immigrants and
refugees and their communities; and
new text end
new text begin
(3) where applicable, serving as the point of contact for immigrants and refugees accessing
resources both within the department and with boards charged with oversight of a profession.
new text end
new text begin Subd. 5. new text end
new text begin No right of action. new text end
new text begin
Nothing in this section shall be construed to create any
right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the state; its departments, agencies, or entities; its officers, employees, or agents;
or any other person.
new text end
new text begin Subd. 6. new text end
new text begin Grants. new text end
new text begin
Within the limits of available appropriations, the office may apply for
grants for interested state agencies, community partners, and stakeholders under this section
to carry out the duties under subdivision 2.
new text end
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, is amended to read:
116J.8747 JOB TRAINING PROGRAM GRANT.
Subdivision 1.
Grant allowed.
The commissioner may provide a grant to a qualified
job training program from money appropriated for the purposes of this section as follows:
deleted text begin
(1) an $11,000 placement grant paid to a job training program upon placement in
employment of a qualified graduate of the program; and
deleted text end
deleted text begin
(2) an $11,000 retention grant paid to a job training program upon retention in
employment of a qualified graduate of the program for at least one year.
deleted text end
new text begin
(1) up to ten percent of the appropriation may be allocated for administrative expenses
by the program;
new text end
new text begin
(2) up to 20 percent of the appropriation may be allocated for direct service expenses
by the program;
new text end
new text begin
(3) a placement grant paid to a job training program upon placement in employment of
a qualified graduate of the job training program as follows:
new text end
new text begin
(i) $2,500 for placement in part-time employment (20 hours a week or more) of at least
150 percent of the state minimum wage hourly;
new text end
new text begin
(ii) $2,500 for placement in full-time employment (32 hours a week or more) at the state
minimum wage but below 150 percent of the state minimum wage hourly; and
new text end
new text begin
(iii) $5,000 for placement in full-time employment (32 hours a week or more) of at least
150 percent of the state minimum wage hourly; and
new text end
new text begin
(4) a retention grant paid to a job training program upon retention in employment of a
qualified graduate of the job training program for at least one year as follows:
new text end
new text begin
(i) $5,000 for one year of retained part-time employment (20 hours a week or more) of
at least 150 percent of the state minimum wage;
new text end
new text begin
(ii) $5,000 for one year of retained full-time employment (32 hours a week or more) at
the state minimum wage but below 150 percent of the state minimum wage; and
new text end
new text begin
(iii) $10,000 for one year of retained full-time employment (32 hours a week or more)
of at least 150 percent of the state minimum wage hourly.
new text end
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
developmentnew text begin , or the commissioner's designee,new text end as meeting the requirements of this subdivision.
Subd. 3.
deleted text begin Graduation and retention grantdeleted text end new text begin Employmentnew text end requirements.
deleted text begin
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.
deleted text end
new text begin
(a) For employment to qualify under subdivision 1, the employment must
be permanent, unsubsidized, private or public sector employment, eligible for unemployment
insurance under section 268.035, or otherwise eligible for unemployment insurance under
section 268.035 if hours were above 32 per week.
new text end
new text begin
(b) Programs are limited to one placement and one retention payment for a qualified
graduate in a performance program within the two years following a placement or retention
payment made under this section.
new text end
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
new text begin in compliance with state record retention requirementsnew text end . 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. 5.
Minnesota Statutes 2021 Supplement, section 116J.8749, is amended to read:
116J.8749 MAIN STREET ECONOMIC REVITALIZATION PROGRAM.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given.
(b) "Borrower" means an eligible recipient receiving a loan guaranteednew text begin or capitalized new text end
under this section.
new text begin
(c) "Capitalized loan" means a loan for which the state provides up to 20 percent of the
loan funding with the state funds payment subordinate in the event of default.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Commissioner" means the commissioner of employment and economic
development.
deleted text begin (d)deleted text end new text begin (e)new text end "Eligible project" means the development, redevelopment, demolition, site
preparation, predesign, design, engineering, repair, or renovation of real property or capital
improvements. Eligible projects must be designed to address the greatest economic
development and redevelopment needs that have arisen in the community surrounding that
real property since March 15, 2020. Eligible project includes but is not limited to the
construction of buildings, infrastructure, and related site amenities, landscaping, or
street-scaping. Eligible project does not include the purchase of real estate or business
operations or business operating expenses, such as inventory, wages, or working capital.
deleted text begin (e)deleted text end new text begin (f)new text end "Eligible recipient" means a:
(1) business;
(2) nonprofit organization; or
(3) developer
that is seeking funding to complete an eligible project. Eligible recipient does not include
a partner organization or a local unit of government.
deleted text begin (f)deleted text end new text begin (g)new text end "Guaranteed loan" means a loan guaranteed by the state for 80 percent of the loan
amount for a maximum period of 15 years from the origination of the loan.
deleted text begin (g)deleted text end new text begin (h)new text end "Leveraged grant" means a grant that is matched by the eligible recipient's
commitment to the eligible project of nonstate funds at a level of 200 percent of the grant
amount. The nonstate match may include but is not limited to funds contributed by a partner
organization and insurance proceeds.
deleted text begin (h)deleted text end new text begin (i)new text end "Loan guarantee trust fund" means a dedicated account established under this
section for the purpose of compensation for defaulted loan guarantees.
new text begin
(j) "Low-income area" means a census tract that has a poverty rate of at least 20 percent
as reported in the most recently completed decennial census published by the United States
Bureau of the Census.
new text end
deleted text begin (i)deleted text end new text begin (k)new text end "Partner organizations" or "partners" means:
(1) foundations engaged in economic development;
(2) community development financial institutions; and
(3) community development corporations.
deleted text begin (j)deleted text end new text begin (l)new text end "Program" means the Main Street Economic Revitalization Program under this
section.
deleted text begin (k)deleted text end new text begin (m)new text end "Subordinated loan" means a loan secured by a lien that is lower in priority than
one or more specified other liens.
Subd. 2.
Establishment.
The commissioner shall establish the Main Street Economic
Revitalization Program to make grants to partner organizations to fund leveraged grantsnew text begin ,
capitalized loans,new text end and guaranteed loans to specific named eligible recipients for eligible
projects that are designed to address the greatest economic development and redevelopment
needs that have arisen in the surrounding community since March 15, 2020.
Subd. 3.
Grants to partner organizations.
(a) The commissioner shall make grants to
partner organizations to provide leveraged grantsnew text begin , capitalized loans,new text end and guaranteed loans
to eligible recipients using criteria, forms, applications, and reporting requirements developed
by the commissioner.
(b) To be eligible for a grant, a partner organization must:
(1) outline a plan to provide leveraged grantsnew text begin , capitalized loans,new text end and guaranteed loans
to eligible recipients for specific eligible projects that represent the greatest economic
development and redevelopment needs in the surrounding community. This plan must
include an analysis of the economic impact of the eligible projects the partner organization
proposes to make these investments in;
(2) establish a process of ensuring there are no conflicts of interest in determining awards
under the program; and
(3) demonstrate that the partner organization has raised funds for the specific purposes
of this program to commit to the proposed eligible projects or will do so within the 15-month
period following the encumbrance of funds. Existing assets and state or federal funds may
not be used to meet this requirement.
(c) Grants shall be made in up to three rounds:
(1) a first round with an application date before September 1, 2021, during which no
more than 50 percent of available funds will be granted;
(2) a second round with an application date after September 1, 2021, but before March
1, 2022; and
(3) a third round with an application date after June 30, 2023, if any funds remain after
the first two rounds.
A partner may apply in multiple rounds for projects that were not funded in earlier rounds
or for new projects.
(d) Up to four percent of a grant under this subdivision may be used by the partner
organization for administration and monitoring of the program.
Subd. 4.
Award criteria.
In awarding grants under this section, the commissioner shall
give funding preference to applications that:
(1) have the greatest regional economic impact under subdivision 3, paragraph (b), clause
(1), particularly with regard to increasing the local tax base; and
(2) have the greatest portion of the estimated cost of the eligible projects met through
nonstate funds.
Subd. 5.
Leveraged grants to eligible recipients.
(a) A leveraged grant to an eligible
recipient shall be for no more than $750,000.
(b) A leveraged grant may be used to finance no more than 30 percent of an eligible
project.
(c) An eligible project must have secured commitments for all required matching funds
and all required development approvals before a leveraged grant may be distributed.
new text begin
(d) The commissioner may waive the matching fund requirement for projects located
in low-income areas.
new text end
Subd. 6.
new text begin Capitalized and new text end guaranteed loans to eligible recipients.
(a) A new text begin capitalized or
new text end guaranteed loan to an eligible recipient must:
(1) be for no more than $2,000,000;new text begin and
new text end
(2) be for a term of no more than 15 yearsdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin (3)deleted text end new text begin (b) All capitalized loans shall comply with the terms under subdivision 6a and all
guaranteed loans shall new text end comply with the terms under subdivision 7.
deleted text begin (b)deleted text end new text begin (c)new text end An eligible project must have all required development approvals before a
new text begin capitalized or new text end guaranteed loan may be distributed.
new text begin
(d) Upon origination of a capitalized loan, the commissioner shall authorize disbursement
of up to 20 percent of the loan amount to the partner organization.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end Upon origination of a guaranteed loan, the commissioner must reserve ten percent
of the loan amount into the loan guarantee trust fund created under subdivision 8.
deleted text begin (d)deleted text end new text begin (f)new text end No new text begin capitalized or new text end guaranteed loan may be made to an eligible recipient after
December 31, 2024.
new text begin Subd. 6a. new text end
new text begin Required terms for capitalized loans. new text end
new text begin
For a capitalized loan under the
program:
new text end
new text begin
(1) principal and interest payments made by the borrower under the terms of the loan
shall be allocated first to the nonstate portion of the loan and second to the state portion of
the loan;
new text end
new text begin
(2) the partner organization shall not accelerate repayment of the loan or exercise other
remedies if the borrower defaults, unless:
new text end
new text begin
(i) the borrower fails to make a required payment of principal or interest within 60 days
of the due date; or
new text end
new text begin
(ii) the commissioner consents in writing;
new text end
new text begin
(3) the partner organization must timely prepare and deliver to the commissioner, annually
by the date specified in the loan agreement, an audited or reviewed financial statement for
the loan, prepared by a certified public accountant according to generally accepted accounting
principles, if available, and documentation that the borrower used the loan proceeds solely
for an eligible project;
new text end
new text begin
(4) the commissioner shall have access to loan documents at any time subsequent to the
loan documents being submitted to the partner organization;
new text end
new text begin
(5) the partner organization must maintain adequate records and documents concerning
the loan so that the commissioner may determine the borrower's financial condition and
compliance with program requirements;
new text end
new text begin
(6) the state portion of the loan may be subordinate to other loans made by lenders in
the overall financing package; and
new text end
new text begin
(7) repayments of the state portion of the loan may be retained by the partner organization
for capitalizing additional redevelopment projects.
new text end
Subd. 7.
Required terms for guaranteed loans.
For a guaranteed loan under the
program:
(1) principal and interest payments made by the borrower under the terms of the loan
are to reduce the guaranteed and nonguaranteed portion of the loan on a proportionate basis.
The nonguaranteed portion shall not receive preferential treatment over the guaranteed
portion;
(2) the partner organization shall not accelerate repayment of the loan or exercise other
remedies if the borrower defaults, unless:
(i) the borrower fails to make a required payment of principal or interest within 60 days
of the due date; or
(ii) the commissioner consents in writing;
(3) in the event of a default, the partner organization may not make a demand for payment
pursuant to the guarantee unless the commissioner agrees in writing that the default has
materially affected the rights or security of the parties;
(4) the partner organization must timely prepare and deliver to the commissioner, annually
by the date specified in the loan guarantee, an audited or reviewed financial statement for
the loan, prepared by a certified public accountant according to generally accepted accounting
principles, if available, and documentation that the borrower used the loan proceeds solely
for an eligible project;
(5) the commissioner shall have access to loan documents at any time subsequent to the
loan documents being submitted to the partner organization;
(6) the partner organization must maintain adequate records and documents concerning
the loan so that the commissioner may determine the borrower's financial condition and
compliance with program requirements;
(7) orderly liquidation of collateral securing the loan must be provided for in the event
of default, pursuant to the loan guarantee; and
(8) the guaranteed portion of the loan may be subordinate to other loans made by lenders
in the overall financing package.
Subd. 8.
Loan guarantee trust fund established.
A loan guarantee trust fund account
in the special revenue fund is created in the state treasury to pay for defaulted loan guarantees.
The commissioner shall administer this account. The day that this section expires, all
remaining funds in the account are canceled to the general fund.
Subd. 9.
Statewide program.
In proportion to eligible demand, leveraged grantsnew text begin ,
capitalized loans,new text end and guaranteed loans under this section shall be made so that an
approximately equal dollar amount of leveraged grantsnew text begin , capitalized loans,new text end and guaranteed
loans are made to businesses in the metropolitan area as in the nonmetropolitan area, not
to exceed 65 percent in any one area. After June 30, 2023, the department may allow
leveraged grantsnew text begin , capitalized loans,new text end and guaranteed loans to be made anywhere in the state
without regard to geographic area.
Subd. 10.
Exemptions.
All grants and grant-making processes under this section are
exempt from Minnesota Statutes, sections 16A.15, subdivision 3; 16B.97; and 16B.98,
subdivisions 5, 7, and 8. The commissioner must audit the use of funds under this section
in accordance with standard accounting practices. The exemptions under this subdivision
expire on December 31, 2023.
Subd. 11.
Reports.
(a) By January 31, 2022, and annually until December 31, 2026,
after which biennial reporting will be permitted after the commissioner consults with the
legislature, partner organizations participating in the program must provide a report to the
commissioner that includes descriptions of the eligible projects supported by the program,
the type and amount of support provided, any economic development gains attributable to
the support, and an explanation of administrative expenses.
(b) By February 15, 2022, and annually until December 31, 2026, after which biennial
reporting will be permitted after the commissioner consults with the legislature, the
commissioner must report to the legislative committees in the house of representatives and
senate with jurisdiction over economic development about funding provided under this
program based on the information received under paragraph (a) and about the performance
of the loan guarantee trust fund.
Subd. 12.
Expiration.
This section expires December 31, 2036.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2021.
new text end
Sec. 6.
new text begin
[116J.8751] SPARK SMALL BUSINESS LOAN PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Account" means the spark small business loan program account created under
subdivision 5.
new text end
new text begin
(c) "Commissioner" means the commissioner of employment and economic development.
new text end
new text begin
(d) "Community business" means a cooperative, an employee-owned business, or a
commercial land trust that is at least 51 percent owned by individuals from targeted groups.
new text end
new text begin
(e) "Immigrant" means a lawful permanent resident who has been in the United States
for a maximum of seven years at the time of application.
new text end
new text begin
(f) "Partner organization" means a community development financial institution or
nonprofit corporation.
new text end
new text begin
(g) "Program" means the spark small business loan program established under this
section.
new text end
new text begin
(h) "Targeted groups" means people who are Black, Indigenous, People of Color,
immigrants, low income, women, veterans, or people with disabilities.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The spark small business loan program is established to award
grants to partner organizations to fund loans statewide to businesses that employ the
equivalent of 50 full-time workers or less, to encourage private investment, provide jobs,
create and strengthen business enterprises, and promote economic development.
new text end
new text begin Subd. 3. new text end
new text begin Grants to partner organizations. new text end
new text begin
(a) The commissioner shall award grants to
partner organizations through a competitive grant process where applicants apply using a
form designed by the commissioner. In evaluating applications, the commissioner must
consider, among other things, whether the applicant:
new text end
new text begin
(1) has a board of directors that includes citizens experienced in business and community
development and creating jobs;
new text end
new text begin
(2) has the technical skills to analyze projects;
new text end
new text begin
(3) is familiar with other available public and private funding sources and economic
development programs;
new text end
new text begin
(4) can initiate and implement economic development projects;
new text end
new text begin
(5) can establish and administer a revolving loan account or has operated a revolving
loan account; and
new text end
new text begin
(6) can work with job referral networks.
new text end
new text begin
(b) The commissioner shall ensure that, to the extent there is sufficient eligible demand,
loans are made to businesses inside and outside the metropolitan area, as defined in section
473.121, subdivision 2, in a manner approximating each region's proportion of the state
population. After March 31 of each fiscal year, the commissioner may allow loans to be
made anywhere in the state without regard to geographic area.
new text end
new text begin
(c) Partner organizations that receive grants under this subdivision may use up to ten
percent of the award for administrative expenses, including providing specialized technical
and legal assistance, either directly or through partnership with nonprofit organizations, to
businesses eligible to apply for loans under this program.
new text end
new text begin
(d) The commissioner shall review existing agreements with partner organizations every
five years and may renew or terminate the agreement based on that review. In making the
review, the commissioner shall consider, among other criteria, the criteria in paragraph (a).
new text end
new text begin Subd. 4. new text end
new text begin Loans to businesses. new text end
new text begin
(a) A partner organization that receives a grant under
subdivision 3 shall establish a plan for making loans to businesses. The plan requires approval
by the commissioner.
new text end
new text begin
(b) Under the plan:
new text end
new text begin
(1) the partner organization shall establish a commissioner-certified revolving loan fund
for the purpose of making loans to businesses;
new text end
new text begin
(2) loans shall be for projects that are unlikely to be undertaken unless a loan is received
under the program;
new text end
new text begin
(3) a partner organization may not make a loan to a project in which it has an ownership
interest;
new text end
new text begin
(4) the state contribution to each loan shall be no less than $5,000 and no more than:
new text end
new text begin
(i) $35,000 if the loan is for a retail development project;
new text end
new text begin
(ii) $600,000 if the loan is for a community business; and
new text end
new text begin
(iii) $150,000 for all other loans;
new text end
new text begin
(5) the interest rate on a loan shall not be higher than the Wall Street Journal prime rate
and may be zero;
new text end
new text begin
(6) loans shall be for a maximum term of seven years;
new text end
new text begin
(7) the partner organization may charge a loan origination fee of no more than one
percent of the loan value and may retain that origination fee;
new text end
new text begin
(8) a loan application given preliminary approval by the partner organization must be
forwarded to the commissioner for final approval;
new text end
new text begin
(9) repayments may be deferred for up to one year if justified by the project proposed
and approved by the commissioner;
new text end
new text begin
(10) all repayments of interest on loans shall be deposited in the partner organization's
revolving loan fund for use in making further loans consistent with this section;
new text end
new text begin
(11) all repayments of loan principal must be paid to the commissioner for deposit in
the spark small business loan program account; and
new text end
new text begin
(12) up to ten percent of a loan's principal amount may be forgiven if the commissioner
approves and the borrower has met lender criteria, including being current with all payments.
new text end
new text begin Subd. 5. new text end
new text begin Creation of account. new text end
new text begin
A spark small business loan program account is created
in the special revenue fund in the state treasury. Money in the account is appropriated to
the commissioner for the grants under this section. Annually, the commissioner may use
an amount equal to no more than four percent of the value of grants made in the previous
year for the administrative costs of the program. In fiscal year 2023, the commissioner may
use $500,000 for administration. Notwithstanding section 16A.28, money deposited in the
account from any source is available until expended.
new text end
new text begin Subd. 6. new text end
new text begin Reporting requirements. new text end
new text begin
(a) A partner organization that receives a grant shall:
new text end
new text begin
(1) submit an annual report to the commissioner by February 15 of each year, beginning
in 2024, that includes a description of businesses supported by the program, an account of
loans made during the calendar year, the program's impact on business enterprises and job
creation, the source and amount of money collected and distributed by the program, the
program's assets and liabilities, and an explanation of administrative expenses; and
new text end
new text begin
(2) provide for an independent annual audit to be performed in accordance with generally
accepted accounting practices and auditing standards and submit a copy of each annual
audit report to the commissioner.
new text end
new text begin
(b) By March 1 of each year, beginning in 2024, the commissioner shall submit a report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over economic development on program outcomes, including copies of all reports and audits
received under paragraph (a).
new text end
Sec. 7.
Minnesota Statutes 2020, section 116J.8770, is amended to read:
116J.8770 EQUITY INVESTMENTS.
The commissioner may invest funds from the capital access account to make equity
investments in deleted text begin community developmentdeleted text end new text begin early stage andnew text end venture capital funds for the purpose
of providing capital for small and emerging businesses. The deleted text begin community developmentdeleted text end new text begin early
stage andnew text end venture capital fund must have experience in equity investments with small
businesses and the ability to raise private capital.
Sec. 8.
Minnesota Statutes 2021 Supplement, section 116J.9924, subdivision 4, is amended
to read:
Subd. 4.
Grant amount; project phasing.
(a) The commissioner shall award grants in
an amount not to exceed deleted text begin $1,500,000deleted text end new text begin $3,000,000new text end per grant.
(b) A grant awarded under this section must be no less than the amount required to
complete one or more phases of the project, less any nonstate funds already committed for
such activities.
Sec. 9.
new text begin
[116J.9926] EMERGING DEVELOPER FUND PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of employment and economic development.
new text end
new text begin
(c) "Disadvantaged community" means a community where the median household
income is less than 80 percent of the area median income.
new text end
new text begin
(d) "Eligible project" means a project that is based in Minnesota and meets one or more
of the following criteria:
new text end
new text begin
(1) it will stimulate community stabilization or revitalization;
new text end
new text begin
(2) it will be located within a census tract identified as a disadvantaged community or
low-income community;
new text end
new text begin
(3) it will directly benefit residents of a low-income household;
new text end
new text begin
(4) it will increase the supply and improve the condition of affordable housing and
homeownership;
new text end
new text begin
(5) it will support the growth needs of new and existing community-based enterprises
that promote economic stability or improve the supply or quality of job opportunities; or
new text end
new text begin
(6) it will promote wealth creation, including by being a project in a neighborhood
traditionally not served by real estate developers.
new text end
new text begin
(e) "Emerging developer" means a developer who:
new text end
new text begin
(1) has limited access to loans from traditional financial institutions; or
new text end
new text begin
(2) is a new or smaller developer who has engaged in educational training in real estate
development; and
new text end
new text begin
(3) is either a:
new text end
new text begin
(i) minority as defined in section 116M.14, subdivision 6;
new text end
new text begin
(ii) woman;
new text end
new text begin
(iii) person with a disability, as defined in section 116M.14, subdivision 9; or
new text end
new text begin
(iv) low-income person.
new text end
new text begin
(f) "Low-income person" means a person who:
new text end
new text begin
(1) has a household income at or below 200 percent of the federal poverty level; or
new text end
new text begin
(2) has a family income that does not exceed 60 percent of the area median income as
determined by the United States Department of Housing and Urban Development.
new text end
new text begin
(g) "Partner organization" means a community development financial institution or a
similarly qualified nonprofit corporation, as determined by the commissioner.
new text end
new text begin
(h) "Program" means the emerging developer fund program created under this section.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish an emerging developer fund
program to make grants to partner organizations to make loans to emerging developers for
eligible projects to transform neighborhoods statewide and promote economic development
and the creation and retention of jobs in Minnesota. The program must also reduce racial
and socioeconomic disparities by growing the financial capacity of emerging developers.
new text end
new text begin Subd. 3. new text end
new text begin Grants to partner organizations. new text end
new text begin
(a) The commissioner shall design a
competitive process to award grants to partner organizations to make loans to emerging
developers under subdivision 4.
new text end
new text begin
(b) A partner organization may use up to ten percent of grant funds for the administrative
costs of the program.
new text end
new text begin Subd. 4. new text end
new text begin Loans to emerging developers. new text end
new text begin
(a) Through the program, partner organizations
shall offer emerging developers predevelopment, construction, and bridge loans for eligible
projects according to a plan submitted to and approved by the commissioner.
new text end
new text begin
(b) Predevelopment loans must be for no more than $50,000. All other types of loans
must be for no more than $500,000.
new text end
new text begin
(c) Loans must be for a term set by the partner organization and approved by the
commissioner of no less than six months and no more than five years, depending on the use
of loan proceeds.
new text end
new text begin
(d) Loans must be for zero interest or an interest rate of no more than the Wall Street
Journal prime rate, as determined by the partner organization and approved by the
commissioner based on the individual project risk and type of loan sought.
new text end
new text begin
(e) Loans must have flexible collateral requirements compared to traditional loans, but
may require a personal guaranty from the emerging developer and may be largely unsecured
when the appraised value of the real estate is low.
new text end
new text begin
(f) Loans must have no prepayment penalties and are expected to be repaid from
permanent financing or a conventional loan, once that is secured.
new text end
new text begin
(g) Loans must have the ability to bridge many types of receivables, such as tax credits,
grants, developer fees, and other forms of long-term financing.
new text end
new text begin
(h) At the partner organization's request and the commissioner's discretion, an emerging
developer may be required to work with an experienced developer or professional services
consultant who can offer expertise and advice throughout the development of the project.
new text end
new text begin
(i) All loan repayments must be paid into the emerging developer fund account created
in this section to fund additional loans.
new text end
new text begin Subd. 5. new text end
new text begin Eligible expenses. new text end
new text begin
(a) The following are eligible expenses for a predevelopment
loan under the program:
new text end
new text begin
(1) earnest money or purchase deposit;
new text end
new text begin
(2) building inspection fees and environmental reviews;
new text end
new text begin
(3) appraisal and surveying;
new text end
new text begin
(4) design and tax credit application fees;
new text end
new text begin
(5) title and recording fees;
new text end
new text begin
(6) site preparation, demolition, and stabilization;
new text end
new text begin
(7) interim maintenance and project overhead;
new text end
new text begin
(8) property taxes and insurance;
new text end
new text begin
(9) construction bonds or letters of credit;
new text end
new text begin
(10) market and feasibility studies; and
new text end
new text begin
(11) professional fees.
new text end
new text begin
(b) The following are eligible expenses for a construction or bridge loan under the
program:
new text end
new text begin
(1) land or building acquisition;
new text end
new text begin
(2) construction-related expenses;
new text end
new text begin
(3) developer and contractor fees;
new text end
new text begin
(4) site preparation and demolition;
new text end
new text begin
(5) financing fees, including title and recording;
new text end
new text begin
(6) professional fees;
new text end
new text begin
(7) carrying costs;
new text end
new text begin
(8) construction period interest;
new text end
new text begin
(9) project reserves; and
new text end
new text begin
(10) leasehold improvements and equipment purchase.
new text end
new text begin Subd. 6. new text end
new text begin Emerging developer fund account. new text end
new text begin
An emerging developer fund account is
created in the special revenue fund in the state treasury. Money in the account is appropriated
to the commissioner for grants to partner organizations to make loans under this section.
new text end
new text begin Subd. 7. new text end
new text begin Reports to the legislature. new text end
new text begin
(a) By January 15 of each year, beginning in 2024,
each partner organization shall submit a report to the commissioner on the use of program
funds and program outcomes.
new text end
new text begin
(b) By February 15 of each year, beginning in 2024, the commissioner shall submit a
report to the chairs of the house of representatives and senate committees with jurisdiction
over economic development on the use of program funds and program outcomes.
new text end
Sec. 10.
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. 11.
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
of deleted text begin privatedeleted text end new text begin participatingnew text end business. Pathways projects must be matched with cash or in-kind
contributions on at least a one-half-to-one ratio by participating deleted text begin privatedeleted text end business.
A single grant to any one institution shall not exceed $400,000. A portion of a grant may
be used for preemployment training.
Sec. 12.
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. 13.
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 deleted text begin postsecondarydeleted text end 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. 14.
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;new text begin and
new text end
(12) the median wages of participants employed during eight consecutive quarters
immediately following the quarter of exitdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(13) the total cost of the program;
deleted text end
deleted text begin
(14) the total cost of the program per participant;
deleted text end
deleted text begin
(15) the cost per credential received by a participant; and
deleted text end
deleted text begin
(16) the administrative cost of the program.
deleted text end
(b) The report to the legislature must contain participant information by education level,
race and ethnicity, gender, and geography, and a comparison of exited participants who
completed training and those who did not.
(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. 15. new text begin CANADIAN BORDER COUNTIES ECONOMIC RELIEF PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Relief program established. new text end
new text begin
The Northland Foundation and the Northwest
Minnesota Foundation must develop and implement a Canadian border counties economic
relief program to assist businesses adversely affected by the 2021 closure of the Boundary
Waters Canoe Area Wilderness or the closures of the Canadian border since 2020.
new text end
new text begin Subd. 2. new text end
new text begin Available relief. new text end
new text begin
(a) The economic relief program established under this section
may include grants provided in this section to the extent that funds are available. Before
awarding grants to the Northland Foundation and the Northwest Minnesota Foundation for
the relief program under this section:
new text end
new text begin
(1) the Northland Foundation and the Northwest Minnesota Foundation must develop
criteria, procedures, and requirements for:
new text end
new text begin
(i) determining eligibility for assistance;
new text end
new text begin
(ii) evaluating applications for assistance;
new text end
new text begin
(iii) awarding assistance; and
new text end
new text begin
(iv) administering the grant program authorized under this section;
new text end
new text begin
(2) the Northland Foundation and the Northwest Minnesota Foundation must submit
criteria, procedures, and requirements developed under clause (1) to the commissioner of
employment and economic development for review; and
new text end
new text begin
(3) the commissioner must approve the criteria, procedures, and requirements submitted
under clause (2).
new text end
new text begin
(b) The maximum grant to a business under this section is $50,000 per business.
new text end
new text begin Subd. 3. new text end
new text begin Qualification requirements. new text end
new text begin
To qualify for assistance under this section, a
business must:
new text end
new text begin
(1) be located within a county that shares a border with Canada;
new text end
new text begin
(2) document a reduction of at least 20 percent in gross receipts in 2021 compared to
2019; and
new text end
new text begin
(3) provide a written explanation for how the 2021 closure of the Boundary Waters
Canoe Area Wilderness or the closures of the Canadian border since 2020 resulted in the
reduction in gross receipts documented under clause (2).
new text end
new text begin Subd. 4. new text end
new text begin Monitoring. new text end
new text begin
(a) The Northland Foundation and the Northwest Minnesota
Foundation must establish performance measures, including but not limited to the following
components:
new text end
new text begin
(1) the number of grants awarded and award amounts for each grant;
new text end
new text begin
(2) the number of jobs created or retained as a result of the assistance, including
information on the wages and benefit levels, the status of the jobs as full time or part time,
and the status of the jobs as temporary or permanent;
new text end
new text begin
(3) the amount of business activity and changes in gross revenues of the grant recipient
as a result of the assistance; and
new text end
new text begin
(4) the new tax revenue generated as a result of the assistance.
new text end
new text begin
(b) The commissioner of employment and economic development must monitor the
Northland Foundation's and the Northwest Minnesota Foundation's compliance with this
section and the performance measures developed under paragraph (a).
new text end
new text begin
(c) The Northland Foundation and the Northwest Minnesota Foundation must comply
with all requests made by the commissioner under this section.
new text end
new text begin Subd. 5. new text end
new text begin Business subsidy requirements. new text end
new text begin
Minnesota Statutes, sections 116J.993 to
116J.995, do not apply to assistance under this section. Businesses in receipt of assistance
under this section must provide for job creation and retention goals and wage and benefit
goals.
new text end
new text begin Subd. 6. new text end
new text begin Administrative costs. new text end
new text begin
The commissioner of employment and economic
development may use up to three percent of the appropriation made for this section for
administrative expenses of the department.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, and expires June 30, 2023.
new text end
Sec. 16. new text begin SMALL BUSINESS RECOVERY GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Business" means both for-profit businesses and nonprofit organizations that earn
revenue in ways similar to businesses, including but not limited to ticket sales and
membership fees.
new text end
new text begin
(c) "Commissioner" means the commissioner of employment and economic development.
new text end
new text begin
(d) "Partner organization" or "partner" means the Minnesota Initiative Foundations and
nonprofit corporations on the certified lenders list that the commissioner determines to be
qualified to provide grants to businesses under this section.
new text end
new text begin
(e) "Program" means the small business recovery grant program under this section.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish the small business recovery
grant program to make grants to partner organizations to provide grants to businesses that
have been directly or indirectly impacted by the COVID-19 pandemic and other economic
challenges.
new text end
new text begin Subd. 3. new text end
new text begin Grants to partner organizations. new text end
new text begin
(a) The commissioner shall make grants to
partner organizations to provide grants to businesses under subdivision 4 using criteria,
forms, applications, and reporting requirements developed by the commissioner.
new text end
new text begin
(b) The commissioner must, to the degree practical, grant an equal amount of money to
partner organizations serving the seven-county metropolitan area, as defined under Minnesota
Statutes, section 473.121, subdivision 2, as the commissioner grants to organizations serving
greater Minnesota.
new text end
new text begin
(c) Up to four percent of a grant under this subdivision may be used by the partner
organization for administration and monitoring of the program.
new text end
new text begin
(d) Any money not spent by partner organizations by December 31, 2023, must be
returned to the commissioner and canceled back to the general fund.
new text end
new text begin Subd. 4. new text end
new text begin Grants to businesses. new text end
new text begin
(a) Partners shall make grants to businesses using criteria,
forms, applications, and reporting requirements developed by the commissioner.
new text end
new text begin
(b) To be eligible for a grant under this subdivision, a business must:
new text end
new text begin
(1) have primary business operations located in Minnesota;
new text end
new text begin
(2) be at least 50 percent owned by a resident of Minnesota;
new text end
new text begin
(3) employ the equivalent of 50 full-time workers or less;
new text end
new text begin
(4) be able to demonstrate financial hardship during 2021 or 2022;
new text end
new text begin
(5) include as part of the application a business plan for continued operation; and
new text end
new text begin
(6) primarily do business in one or more of the industries listed under subdivision 5.
new text end
new text begin
(c) Grants under this subdivision shall be awarded by randomized selection process after
applications are collected over a period of no more than ten calendar days.
new text end
new text begin
(d) Grants under this subdivision must be for up to $25,000 per business.
new text end
new text begin
(e) No business may receive more than one grant under this section.
new text end
new text begin
(f) Grant money must be used for working capital to support payroll expenses, rent or
mortgage payments, utility bills, and other similar expenses that occur or have occurred
since January 1, 2022, in the regular course of business, but not to refinance debt that existed
at the time of the governor's COVID-19 peacetime emergency declaration.
new text end
new text begin Subd. 5. new text end
new text begin Eligible industries. new text end
new text begin
To be eligible for a grant under subdivision 4, a business
must primarily do business in one or more of the following industries:
new text end
new text begin
(1) serving food or beverages, such as restaurants, cafes, bars, breweries, wineries, and
distilleries;
new text end
new text begin
(2) personal services, such as hair care, nail care, skin care, or massage;
new text end
new text begin
(3) indoor entertainment, such as a business providing arcade games, escape rooms, or
indoor trampoline parks;
new text end
new text begin
(4) indoor fitness and recreational sports centers, such as gyms, fitness studios, indoor
ice rinks, and indoor swimming pools;
new text end
new text begin
(5) wellness and recreation, such as the teaching of yoga, dance, or martial arts;
new text end
new text begin
(6) catering services;
new text end
new text begin
(7) temporary lodging, such as hotels and motels; or
new text end
new text begin
(8) performance venues.
new text end
new text begin Subd. 6. new text end
new text begin Distribution of awards. new text end
new text begin
Of grant funds awarded under subdivision 4, a
minimum of:
new text end
new text begin
(1) $5,000,000 must be awarded to businesses that employ the equivalent of six full-time
workers or less;
new text end
new text begin
(2) $3,500,000 must be awarded to minority business enterprises, as defined in Minnesota
Statutes, section 116M.14, subdivision 5;
new text end
new text begin
(3) $1,000,000 must be awarded to businesses that are majority owned and operated by
veterans as defined in Minnesota Statutes, section 197.447; and
new text end
new text begin
(4) $1,000,000 must be awarded to businesses that are majority owned and operated by
women.
new text end
new text begin Subd. 7. new text end
new text begin Exemptions. new text end
new text begin
All grants and grant-making processes under this section are
exempt from Minnesota Statutes, sections 16A.15, subdivision 3; 16B.97; and 16B.98,
subdivisions 5, 7, and 8. The commissioner must audit the use of grant money under this
section in accordance with standard accounting practices. This subdivision expires on
December 31, 2023.
new text end
new text begin Subd. 8. new text end
new text begin Reports. new text end
new text begin
(a) By January 31, 2024, partner organizations participating in the
program must provide a report to the commissioner that includes descriptions of the
businesses supported by the program, the amounts granted, and an explanation of
administrative expenses.
new text end
new text begin
(b) By February 15, 2024, the commissioner must report to the legislative committees
in the house of representatives and senate with jurisdiction over economic development
about grants made under this section based on the information received under paragraph
(a).
new text end
Sec. 17. new text begin ENCUMBRANCE EXCEPTION.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 16B.98, subdivision 5, paragraph (a), clause
(2), or 16C.05, subdivision 2, paragraph (a), clause (3), the commissioner of employment
and economic development may permit grant recipients of the Minnesota investment fund
program under Minnesota Statutes, section 116J.8731; the job creation fund program under
Minnesota Statutes, section 116J.8748; and the border-to-border broadband program under
Minnesota Statutes, section 116J.395, to incur eligible expenses based on an agreed upon
work plan and budget for up to 90 days prior to an encumbrance being established in the
accounting system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
expires on June 30, 2025.
new text end
Sec. 18. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2021 Supplement, section 116J.9924, subdivision 6,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
FAMILY AND MEDICAL BENEFITS
Section 1.
Minnesota Statutes 2020, section 13.719, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Family and medical insurance data. new text end
new text begin
(a) For the purposes of this subdivision,
the terms used have the meanings given them in section 268B.01.
new text end
new text begin
(b) Data on applicants, family members, or employers under chapter 268B are private
or nonpublic data, provided that the department may share data collected from applicants
with employers or health care providers to the extent necessary to meet the requirements
of chapter 268B or other applicable law.
new text end
new text begin
(c) The department and the Department of Labor and Industry may share data classified
under paragraph (b) to the extent necessary to meet the requirements of chapter 268B or
the Department of Labor and Industry's enforcement authority over chapter 268B, as provided
in section 177.27.
new text end
Sec. 2.
Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
Subd. 4.
Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin anddeleted text end 181.939 to 181.943,new text begin 268B.09, subdivisions 1 to 6, and
268B.14, subdivision 3,new text end or with any rule promulgated under section 177.28. The
commissioner shall issue an order requiring an employer to comply with sections 177.41
to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is
repeated if at any time during the two years that preceded the date of violation, the
commissioner issued an order to the employer for violation of sections 177.41 to 177.435
and the order is final or the commissioner and the employer have entered into a settlement
agreement that required the employer to pay back wages that were required by sections
177.41 to 177.435. The department shall serve the order upon the employer or the employer's
authorized representative in person or by certified mail at the employer's place of business.
An employer who wishes to contest the order must file written notice of objection to the
order with the commissioner within 15 calendar days after being served with the order. A
contested case proceeding must then be held in accordance with sections 14.57 to 14.69.
If, within 15 calendar days after being served with the order, the employer fails to file a
written notice of objection with the commissioner, the order becomes a final order of the
commissioner.
Sec. 3.
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 statementsnew text begin , and must make statements available for review or
printing for a period of three yearsnew text end .
(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;
new text begin
(7) any amount deducted by the employer under section 268B.14, subdivision 3, and
the amount paid by the employer based on the employee's wages under section 268B.14,
subdivision 1;
new text end
deleted text begin (7)deleted text end new text begin (8)new text end the net amount of pay after all deductions are made;
deleted text begin (8)deleted text end new text begin (9)new text end the date on which the pay period ends;
deleted text begin (9)deleted text end new text begin (10)new text end the legal name of the employer and the operating name of the employer if
different from the legal name;
deleted text begin (10)deleted text end new text begin (11)new text end the physical address of the employer's main office or principal place of business,
and a mailing address if different; and
deleted text begin (11)deleted text end new text begin (12)new text end 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) At the start of employment, an employer shall provide each employee a written notice
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 rates;
(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; and
(9) the telephone number of the employer.
(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. 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) An employer must provide the employee any written changes to the information
contained in the notice under paragraph (d) prior to the date the changes take effect.
Sec. 4.
Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:
Subdivision 1.
Use of data.
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(10) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of Supplemental Nutrition
Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or
256K, child care assistance under chapter 119B, or medical programs under chapter 256B
or 256L or formerly codified under chapter 256D;
(11) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;
(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(13) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(14) the Department of Health for the purposes of epidemiologic investigations;
(15) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;
(16) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201; deleted text begin and
deleted text end
(17) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data Systemdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(18) the Family and Medical Benefits Division of the Department of Employment and
Economic Development to be used as necessary to administer chapter 268B.
new text end
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.
Sec. 5.
new text begin
[268B.01] 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 this chapter, the terms defined in this section
have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Applicant. new text end
new text begin
"Applicant" means an individual applying for leave with benefits
under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Applicant's average weekly wage. new text end
new text begin
"Applicant's average weekly wage" means
an amount equal to the applicant's high quarter wage credits divided by 13.
new text end
new text begin Subd. 4. new text end
new text begin Base period. new text end
new text begin
(a) "Base period," unless otherwise provided in this subdivision,
means the most recent four completed calendar quarters before the effective date of an
applicant's application for family or medical leave benefits if the application has an effective
date occurring after the month following the most recent completed calendar quarter. The
base period under this paragraph is as follows:
new text end
|
new text begin
If the application for family or medical leave benefits is effective on or between these dates: new text end |
new text begin
The base period is the prior: new text end |
|
new text begin
February 1 to March 31 new text end |
new text begin
January 1 to December 31 new text end |
|
new text begin
May 1 to June 30 new text end |
new text begin
April 1 to March 31 new text end |
|
new text begin
August 1 to September 30 new text end |
new text begin
July 1 to June 30 new text end |
|
new text begin
November 1 to December 31 new text end |
new text begin
October 1 to September 30 new text end |
new text begin
(b) If an application for family or medical leave benefits has an effective date that is
during the month following the most recent completed calendar quarter, then the base period
is the first four of the most recent five completed calendar quarters before the effective date
of an applicant's application for family or medical leave benefits. The base period under
this paragraph is as follows:
new text end
|
new text begin
If the application for family or medical leave benefits is effective on or between these dates: new text end |
new text begin
The base period is the prior: new text end |
|
new text begin
January 1 to January 31 new text end |
new text begin
October 1 to September 30 new text end |
|
new text begin
April 1 to April 30 new text end |
new text begin
January 1 to December 31 new text end |
|
new text begin
July 1 to July 31 new text end |
new text begin
April 1 to March 31 new text end |
|
new text begin
October 1 to October 31 new text end |
new text begin
July 1 to June 30 new text end |
new text begin
(c) Regardless of paragraph (a), a base period of the first four of the most recent five
completed calendar quarters must be used if the applicant would have more wage credits
under that base period than under a base period of the four most recent completed calendar
quarters.
new text end
new text begin
(d) If the applicant has insufficient wage credits to establish a benefit account under a
base period of the four most recent completed calendar quarters, or a base period of the first
four of the most recent five completed calendar quarters, but during either base period the
applicant received workers' compensation for temporary disability under chapter 176 or a
similar federal law or similar law of another state, or if the applicant whose own serious
illness caused a loss of work for which the applicant received compensation for loss of
wages from some other source, the applicant may request a base period as follows:
new text end
new text begin
(1) if an applicant was compensated for a loss of work of seven to 13 weeks during a
base period referred to in paragraph (a) or (b), then the base period is the first four of the
most recent six completed calendar quarters before the effective date of the application for
family or medical leave benefits;
new text end
new text begin
(2) if an applicant was compensated for a loss of work of 14 to 26 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent seven completed calendar quarters before the effective date of the application for
family or medical leave benefits;
new text end
new text begin
(3) if an applicant was compensated for a loss of work of 27 to 39 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent eight completed calendar quarters before the effective date of the application for
family or medical leave benefits; and
new text end
new text begin
(4) if an applicant was compensated for a loss of work of 40 to 52 weeks during a base
period referred to in paragraph (a) or (b), then the base period is the first four of the most
recent nine completed calendar quarters before the effective date of the application for
family or medical leave benefits.
new text end
new text begin Subd. 5. new text end
new text begin Benefit. new text end
new text begin
"Benefit" or "benefits" means monetary payments under this chapter
associated with qualifying bonding, family care, pregnancy, serious health condition,
qualifying exigency, or safety leave events, unless otherwise indicated by context.
new text end
new text begin Subd. 6. new text end
new text begin Benefit account. new text end
new text begin
"Benefit account" means a benefit account established under
section 268B.04.
new text end
new text begin Subd. 7. new text end
new text begin Benefit year. new text end
new text begin
"Benefit year" means the period of 52 calendar weeks beginning
the date a benefit account under section 268B.04 is effective. For a benefit account established
effective any January 1, April 1, July 1, or October 1, the benefit year will be a period of
53 calendar weeks.
new text end
new text begin Subd. 8. new text end
new text begin Bonding. new text end
new text begin
"Bonding" means time spent by an applicant who is a biological,
adoptive, or foster parent with a biological, adopted, or foster child in conjunction with the
child's birth, adoption, or placement.
new text end
new text begin Subd. 9. new text end
new text begin Calendar day. new text end
new text begin
"Calendar day" or "day" means a fixed 24-hour period
corresponding to a single calendar date.
new text end
new text begin Subd. 10. new text end
new text begin Calendar quarter. new text end
new text begin
"Calendar quarter" means the period of three consecutive
calendar months ending on March 31, June 30, September 30, or December 31.
new text end
new text begin Subd. 11. new text end
new text begin Calendar week. new text end
new text begin
"Calendar week" has the same meaning as "week" under
subdivision 46.
new text end
new text begin Subd. 12. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of employment
and economic development, unless otherwise indicated by context.
new text end
new text begin Subd. 13. new text end
new text begin Covered employment. new text end
new text begin
(a) "Covered employment" means performing services
of whatever nature, unlimited by the relationship of master and servant as known to the
common law, or any other legal relationship performed for wages or under any contract
calling for the performance of services, written or oral, express or implied.
new text end
new text begin
(b) "Employment" includes an individual's entire service performed within or without
or both within and without this state, if:
new text end
new text begin
(1) the service is localized in this state; or
new text end
new text begin
(2) the service is not localized in any state, but some of the service is performed in this
state and:
new text end
new text begin
(i) the base of operations of the employee is in the state, or if there is no base of
operations, then the place from which such service is directed or controlled is in this state;
or
new text end
new text begin
(ii) the base of operations or place from which such service is directed or controlled is
not in any state in which some part of the service is performed, but the individual's residence
is in this state.
new text end
new text begin
(c) "Covered employment" does not include:
new text end
new text begin
(1) a self-employed individual; or
new text end
new text begin
(2) an independent contractor.
new text end
new text begin Subd. 14. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Employment and
Economic Development, unless otherwise indicated by context.
new text end
new text begin Subd. 15. new text end
new text begin Employee. new text end
new text begin
(a) "Employee" means an individual who is in the employment of
an employer.
new text end
new text begin
(b) Employee does not include employees of the United States of America.
new text end
new text begin Subd. 16. new text end
new text begin Employer. new text end
new text begin
(a) "Employer" means:
new text end
new text begin
(1) any person, type of organization, or entity, including any partnership, association,
trust, estate, joint stock company, insurance company, limited liability company, or
corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or
the legal representative of a deceased person, having any individual in covered employment;
new text end
new text begin
(2) the state, statewide system, and state agencies; and
new text end
new text begin
(3) any local government entity, including but not limited to a county, city, town, school
district, municipal corporation, quasimunicipal corporation, or other political subdivision.
An employer also includes charter schools.
new text end
new text begin
(b) Employer does not include:
new text end
new text begin
(1) the United States of America; or
new text end
new text begin
(2) a self-employed individual who has elected and been approved for coverage under
section 268B.11 with regard to the self-employed individual's own coverage and benefits.
new text end
new text begin Subd. 17. new text end
new text begin Estimated self-employment income. new text end
new text begin
"Estimated self-employment income"
means a self-employed individual's average net earnings from self-employment in the two
most recent taxable years. For a self-employed individual who had net earnings from
self-employment in only one of the years, the individual's estimated self-employment income
equals the individual's net earnings from self-employment in the year in which the individual
had net earnings from self-employment.
new text end
new text begin Subd. 18. new text end
new text begin Family and medical benefit insurance account. new text end
new text begin
"Family and medical benefit
insurance account" means the family and medical benefit insurance account in the special
revenue fund in the state treasury under section 268B.02.
new text end
new text begin Subd. 19. new text end
new text begin Family and medical benefit insurance enforcement account. new text end
new text begin
"Family and
medical benefit insurance enforcement account" means the family and medical benefit
insurance enforcement account in the state treasury under section 268B.185.
new text end
new text begin Subd. 20. new text end
new text begin Family benefit program. new text end
new text begin
"Family benefit program" means the program
administered under this chapter for the collection of premiums and payment of benefits
related to family care, bonding, safety leave, and leave related to a qualifying exigency.
new text end
new text begin Subd. 21. new text end
new text begin Family care. new text end
new text begin
"Family care" means an applicant caring for a family member
with a serious health condition or caring for a family member who is a covered service
member.
new text end
new text begin Subd. 22. new text end
new text begin Family member. new text end
new text begin
(a) "Family member" means, with respect to an employee:
new text end
new text begin
(1) a spouse, including a domestic partner in a civil union or other registered domestic
partnership recognized by the state, and a spouse's parent;
new text end
new text begin
(2) a child and a child's spouse;
new text end
new text begin
(3) a parent and a parent's spouse;
new text end
new text begin
(4) a sibling and a sibling's spouse;
new text end
new text begin
(5) a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and
new text end
new text begin
(6) any other individual who is related by blood or affinity and whose association with
the employee is equivalent of a family relationship. For the purposes of this clause, with
respect to an employee, this includes but is not limited to:
new text end
new text begin
(i) a child of a sibling of the employee;
new text end
new text begin
(ii) a sibling of the parents of the employee;
new text end
new text begin
(iii) a child-in-law, a parent-in-law, a sibling-in-law, and a grandparent-in-law; and
new text end
new text begin
(iv) an individual who has resided at the same address as the employee for at least one
year as of the first day of leave under this chapter.
new text end
new text begin
(b) For the purposes of this chapter, a child includes a stepchild; biological, adopted, or
foster child of the employee; or a child for whom the employee is standing in loco parentis.
new text end
new text begin
(c) For the purposes of this chapter, a grandchild includes a step-grandchild or biological,
adopted, or foster grandchild of the employee.
new text end
new text begin Subd. 23. new text end
new text begin Health care provider. new text end
new text begin
"Health care provider" means:
new text end
new text begin
(1) an individual who is licensed, certified, or otherwise authorized under law to practice
in the individual's scope of practice as a physician, osteopath, surgeon, or advanced practice
registered nurse; or
new text end
new text begin
(2) any other individual determined by the commissioner by rule, in accordance with
the rulemaking procedures in the Administrative Procedure Act, to be capable of providing
health care services.
new text end
new text begin Subd. 24. new text end
new text begin High quarter. new text end
new text begin
"High quarter" means the calendar quarter in an applicant's
base period with the highest amount of wage credits.
new text end
new text begin Subd. 25. new text end
new text begin Incapacity. new text end
new text begin
"Incapacity" means inability to perform regular work, attend
school, or fully perform other regular daily activities due to a serious health condition,
treatment therefore, or recovery therefrom.
new text end
new text begin Subd. 26. new text end
new text begin Independent contractor. new text end
new text begin
(a) If there is an existing specific test or definition
for independent contractor in Minnesota statute or rule applicable to an occupation or sector
as of the date of enactment of this chapter, that test or definition shall apply to that occupation
or sector for purposes of this chapter. If there is not an existing test or definition as described,
the definition for independent contractor shall be as provided in this subdivision.
new text end
new text begin
(b) An individual is an independent contractor and not an employee of the person for
whom the individual is performing services in the course of the person's trade, business,
profession, or occupation only if:
new text end
new text begin
(1) the individual maintains a separate business with the individual's own office,
equipment, materials, and other facilities;
new text end
new text begin
(2) the individual:
new text end
new text begin
(i) holds or has applied for a federal employer identification number; or
new text end
new text begin
(ii) has filed business or self-employment income tax returns with the federal Internal
Revenue Service if the individual has performed services in the previous year;
new text end
new text begin
(3) the individual is operating under contract to perform the specific services for the
person for specific amounts of money and under which the individual controls the means
of performing the services;
new text end
new text begin
(4) the individual is incurring the main expenses related to the services that the individual
is performing for the person under the contract;
new text end
new text begin
(5) the individual is responsible for the satisfactory completion of the services that the
individual has contracted to perform for the person and is liable for a failure to complete
the services;
new text end
new text begin
(6) the individual receives compensation from the person for the services performed
under the contract on a commission or per-job or competitive bid basis and not on any other
basis;
new text end
new text begin
(7) the individual may realize a profit or suffer a loss under the contract to perform
services for the person;
new text end
new text begin
(8) the individual has continuing or recurring business liabilities or obligations; and
new text end
new text begin
(9) the success or failure of the individual's business depends on the relationship of
business receipts to expenditures.
new text end
new text begin
(c) For the purposes of this chapter, an insurance producer, as defined in section 60K.31,
subdivision 6, is an independent contractor of an insurance company, as defined in section
60A.02, subdivision 4, unless the insurance producer and insurance company agree otherwise.
new text end
new text begin Subd. 27. new text end
new text begin Inpatient care. new text end
new text begin
"Inpatient care" means an overnight stay in a hospital, hospice,
or residential medical care facility, including any period of incapacity, or any subsequent
treatment in connection with such inpatient care.
new text end
new text begin Subd. 28. new text end
new text begin Maximum weekly benefit amount. new text end
new text begin
"Maximum weekly benefit amount"
means the state's average weekly wage as calculated under section 268.035, subdivision 23.
new text end
new text begin Subd. 29. new text end
new text begin Medical benefit program. new text end
new text begin
"Medical benefit program" means the program
administered under this chapter for the collection of premiums and payment of benefits
related to an applicant's serious health condition or pregnancy.
new text end
new text begin Subd. 30. new text end
new text begin Net earnings from self-employment. new text end
new text begin
"Net earnings from self-employment"
has the meaning given in section 1402 of the Internal Revenue Code, as defined in section
290.01, subdivision 31.
new text end
new text begin Subd. 31. new text end
new text begin Pregnancy. new text end
new text begin
"Pregnancy" means prenatal care or incapacity due to pregnancy
or recovery from childbirth, still birth, miscarriage, or related health conditions.
new text end
new text begin Subd. 32. new text end
new text begin Qualifying exigency. new text end
new text begin
(a) "Qualifying exigency" means a need arising out of
a military member's active duty service or notice of an impending call or order to active
duty in the United States armed forces, including providing for the care or other needs of
the family member's child or other dependent, making financial or legal arrangements for
the family member, attending counseling, attending military events or ceremonies, spending
time with the family member during a rest and recuperation leave or following return from
deployment, or making arrangements following the death of the military member.
new text end
new text begin
(b) For the purposes of this chapter, a "military member" means a current or former
member of the United States armed forces, including a member of the National Guard or
reserves, who, except for a deceased military member, is a resident of the state and is a
family member of the employee taking leave related to the qualifying exigency.
new text end
new text begin Subd. 33. new text end
new text begin Safety leave. new text end
new text begin
"Safety leave" means leave from work because of domestic
abuse, sexual assault, or stalking of the employee or employee's family member, provided
the leave is to:
new text end
new text begin
(1) seek medical attention related to the physical or psychological injury or disability
caused by domestic abuse, sexual assault, or stalking;
new text end
new text begin
(2) obtain services from a victim services organization;
new text end
new text begin
(3) obtain psychological or other counseling;
new text end
new text begin
(4) seek relocation due to the domestic abuse, sexual assault, or stalking; or
new text end
new text begin
(5) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to, or resulting from, the domestic abuse, sexual
assault, or stalking.
new text end
new text begin Subd. 34. new text end
new text begin Self-employed individual. new text end
new text begin
"Self-employed individual" means a resident of
the state who, in one of the two taxable years preceding the current calendar year, derived
at least $10,000 in net earnings from self-employment from an entity other than an S
corporation for the performance of services in this state.
new text end
new text begin Subd. 35. new text end
new text begin Self-employment premium base. new text end
new text begin
"Self-employment premium base" means
the lesser of:
new text end
new text begin
(1) a self-employed individual's estimated self-employment income for the calendar year
plus the individual's self-employment wages in the calendar year; or
new text end
new text begin
(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability
Insurance tax in the taxable year.
new text end
new text begin Subd. 36. new text end
new text begin Self-employment wages. new text end
new text begin
"Self-employment wages" means the amount of
wages that a self-employed individual earned in the calendar year from an entity from which
the individual also received net earnings from self-employment.
new text end
new text begin Subd. 37. new text end
new text begin Serious health condition. new text end
new text begin
(a) "Serious health condition" means a physical or
mental illness, injury, impairment, condition, or substance use disorder that involves:
new text end
new text begin
(1) at-home care or inpatient care in a hospital, hospice, or residential medical care
facility, including any period of incapacity; or
new text end
new text begin
(2) continuing treatment or supervision by a health care provider which includes any
one or more of the following:
new text end
new text begin
(i) a period of incapacity of more than three consecutive, full calendar days, and any
subsequent treatment or period of incapacity relating to the same condition, that also involves:
new text end
new text begin
(A) treatment two or more times by a health care provider or by a provider of health
care services under orders of, or on referral by, a health care provider; or
new text end
new text begin
(B) treatment by a health care provider on at least one occasion that results in a regimen
of continuing treatment under the supervision of the health care provider;
new text end
new text begin
(ii) a period of incapacity due to pregnancy, or for prenatal care;
new text end
new text begin
(iii) a period of incapacity or treatment for a chronic health condition that:
new text end
new text begin
(A) requires periodic visits, defined as at least twice a year, for treatment by a health
care provider or under orders of, or on referral by, a health care provider;
new text end
new text begin
(B) continues over an extended period of time, including recurring episodes of a single
underlying condition; and
new text end
new text begin
(C) may cause episodic rather than continuing periods of incapacity;
new text end
new text begin
(iv) a period of incapacity which is permanent or long term due to a condition for which
treatment may not be effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care provider; or
new text end
new text begin
(v) a period of absence to receive multiple treatments, including any period of recovery
from the treatments, by a health care provider or by a provider of health care services under
orders of, or on referral by, a health care provider, for:
new text end
new text begin
(A) restorative surgery after an accident or other injury; or
new text end
new text begin
(B) a condition that would likely result in a period of incapacity of more than three
consecutive, full calendar days in the absence of medical intervention or treatment.
new text end
new text begin
(b) For the purposes of paragraph (a), clauses (1) and (2), treatment by a health care
provider means an in-person visit or telemedicine visit with a health care provider, or by a
provider of health care services under orders of, or on referral by, a health care provider.
new text end
new text begin
(c) For the purposes of paragraph (a), treatment includes but is not limited to examinations
to determine if a serious health condition exists and evaluations of the condition.
new text end
new text begin
(d) Absences attributable to incapacity under paragraph (a), clause (2), item (ii) or (iii),
qualify for leave under this chapter even if the employee or the family member does not
receive treatment from a health care provider during the absence, and even if the absence
does not last more than three consecutive, full calendar days.
new text end
new text begin Subd. 38. new text end
new text begin State's average weekly wage. new text end
new text begin
"State's average weekly wage" means the
weekly wage calculated under section 268.035, subdivision 23.
new text end
new text begin Subd. 39. new text end
new text begin Supplemental benefit payment. new text end
new text begin
(a) "Supplemental benefit payment" means:
new text end
new text begin
(1) a payment made by an employer to an employee as salary continuation or as paid
time off. Such a payment must be in addition to any family or medical leave benefits the
employee is receiving under this chapter; and
new text end
new text begin
(2) a payment offered by an employer to an employee who is taking leave under this
chapter to supplement the family or medical leave benefits the employee is receiving.
new text end
new text begin
(b) Employers may, but are not required to, designate certain benefits including but not
limited to salary continuation, vacation leave, sick leave, or other paid time off as a
supplemental benefit payment.
new text end
new text begin
(c) Nothing in this chapter requires an employee to receive supplemental benefit
payments.
new text end
new text begin Subd. 40. new text end
new text begin Taxable year. new text end
new text begin
"Taxable year" has the meaning given in section 290.01,
subdivision 9.
new text end
new text begin Subd. 41. new text end
new text begin Taxable wages. new text end
new text begin
"Taxable wages" means those wages paid to an employee in
covered employment each calendar year up to an amount equal to the maximum wages
subject to premium in a calendar year, which is equal to the maximum earnings in that year
subject to the FICA Old-Age, Survivors, and Disability Insurance tax rounded to the nearest
$1,000.
new text end
new text begin Subd. 42. new text end
new text begin Typical workweek hours. new text end
new text begin
"Typical workweek hours" means:
new text end
new text begin
(1) for an hourly employee, the average number of hours worked per week by an
employee within the high quarter during the base year; or
new text end
new text begin
(2) 40 hours for a salaried employee, regardless of the number of hours the salaried
employee typically works.
new text end
new text begin Subd. 43. new text end
new text begin Wage credits. new text end
new text begin
"Wage credits" means the amount of wages paid within an
applicant's base period for covered employment, as defined in subdivision 13.
new text end
new text begin Subd. 44. new text end
new text begin Wage detail report. new text end
new text begin
"Wage detail report" means the report on each employee
in covered employment required from an employer on a calendar quarter basis under section
268B.12.
new text end
new text begin Subd. 45. new text end
new text begin Wages. new text end
new text begin
(a) "Wages" means all compensation for employment, including
commissions; bonuses, awards, and prizes; severance payments; standby pay; vacation and
holiday pay; back pay as of the date of payment; tips and gratuities paid to an employee by
a customer of an employer and accounted for by the employee to the employer; sickness
and accident disability payments, except as otherwise provided in this subdivision; and the
cash value of housing, utilities, meals, exchanges of services, and any other goods and
services provided to compensate an employee, except:
new text end
new text begin
(1) the amount of any payment made to, or on behalf of, an employee under a plan
established by an employer that makes provision for employees generally or for a class or
classes of employees, including any amount paid by an employer for insurance or annuities,
or into a plan, to provide for a payment, on account of (i) retirement, (ii) medical and
hospitalization expenses in connection with sickness or accident disability, or (iii) death;
new text end
new text begin
(2) the payment by an employer of the tax imposed upon an employee under United
States Code, title 26, section 3101 of the Federal Insurance Contribution Act, with respect
to compensation paid to an employee for domestic employment in a private household of
the employer or for agricultural employment;
new text end
new text begin
(3) any payment made to, or on behalf of, an employee or beneficiary (i) from or to a
trust described in United States Code, title 26, section 401(a) of the federal Internal Revenue
Code, that is exempt from tax under section 501(a) at the time of the payment unless the
payment is made to an employee of the trust as compensation for services as an employee
and not as a beneficiary of the trust, or (ii) under or to an annuity plan that, at the time of
the payment, is a plan described in section 403(a);
new text end
new text begin
(4) the value of any special discount or markdown allowed to an employee on goods
purchased from or services supplied by the employer where the purchases are optional and
do not constitute regular or systematic payment for services;
new text end
new text begin
(5) customary and reasonable directors' fees paid to individuals who are not otherwise
employed by the corporation of which they are directors;
new text end
new text begin
(6) the payment to employees for reimbursement of meal expenses when employees are
required to perform work after their regular hours;
new text end
new text begin
(7) the payment into a trust or plan for purposes of providing legal or dental services if
provided for all employees generally or for a class or classes of employees;
new text end
new text begin
(8) the value of parking facilities provided or paid for by an employer, in whole or in
part, if provided for all employees generally or for a class or classes of employees;
new text end
new text begin
(9) royalties to an owner of a franchise, license, copyright, patent, oil, mineral, or other
right;
new text end
new text begin
(10) advances or reimbursements for traveling or other ordinary and necessary expenses
incurred or reasonably expected to be incurred in the business of the employer. Traveling
and other reimbursed expenses must be identified either by making separate payments or
by specifically indicating the separate amounts where both wages and expense allowances
are combined in a single payment;
new text end
new text begin
(11) residual payments to radio, television, and similar artists that accrue after the
production of television commercials, musical jingles, spot announcements, radio
transcriptions, film soundtracks, and similar activities;
new text end
new text begin
(12) the income to a former employee resulting from the exercise of a nonqualified stock
option;
new text end
new text begin
(13) supplemental unemployment benefit payments under a plan established by an
employer, if the payment is not wages under the Federal Unemployment Tax Act. The
payments are wages unless made solely for the supplementing of weekly state or federal
unemployment benefits. Supplemental unemployment benefit payments may not be assigned,
nor may any consideration be required from the applicant, other than a release of claims in
order to be excluded from wages;
new text end
new text begin
(14) sickness or accident disability payments made by the employer after the expiration
of six calendar months following the last calendar month that the individual worked for the
employer;
new text end
new text begin
(15) disability payments made under the provisions of any workers' compensation law;
new text end
new text begin
(16) sickness or accident disability payments made by a third-party payer such as an
insurance company; or
new text end
new text begin
(17) payments made into a trust fund, or for the purchase of insurance or an annuity, to
provide for sickness or accident disability payments to employees under a plan or system
established by the employer that provides for the employer's employees generally or for a
class or classes of employees.
new text end
new text begin
(b) Nothing in this subdivision excludes from the term "wages" any payment made under
any type of salary reduction agreement, including payments made under a cash or deferred
arrangement and cafeteria plan, as defined in United States Code, title 26, sections 401(k)
and 125 of the federal Internal Revenue Code, to the extent that the employee has the option
to receive the payment in cash.
new text end
new text begin
(c) Wages includes the total payment to the operator and supplier of a vehicle or other
equipment where the payment combines compensation for personal services as well as
compensation for the cost of operating and hiring the equipment in a single payment. This
paragraph does not apply if:
new text end
new text begin
(1) there is a preexisting written agreement providing for allocation of specific amounts;
or
new text end
new text begin
(2) at the time of each payment there is a written acknowledgment indicating the separate
allocated amounts.
new text end
new text begin
(d) Wages includes payments made for services as a caretaker. Unless there is a contract
or other proof to the contrary, compensation is considered as being equally received by a
married couple where the employer makes payment to only one spouse, or by all tenants of
a household who perform services where two or more individuals share the same dwelling
and the employer makes payment to only one individual.
new text end
new text begin
(e) Wages includes payments made for services by a migrant family. Where services
are performed by a married couple or a family and an employer makes payment to only one
individual, each worker is considered as having received an equal share of the compensation
unless there is a contract or other proof to the contrary.
new text end
new text begin
(f) Wages includes advances or draws against future earnings, when paid, unless the
payments are designated as a loan or return of capital on the books and records of the
employer at the time of payment.
new text end
new text begin
(g) Wages includes payments made by a subchapter "S" corporation, as organized under
the Internal Revenue Code, to or on behalf of officers and shareholders that are reasonable
compensation for services performed for the corporation.
new text end
new text begin
For a subchapter "S" corporation, wages does not include:
new text end
new text begin
(1) a loan for business purposes to an officer or shareholder evidenced by a promissory
note signed by an officer before the payment of the loan proceeds and recorded on the books
and records of the corporation as a loan to an officer or shareholder;
new text end
new text begin
(2) a repayment of a loan or payment of interest on a loan made by an officer to the
corporation and recorded on the books and records of the corporation as a liability;
new text end
new text begin
(3) a reimbursement of reasonable corporation expenses incurred by an officer and
documented by a written expense voucher and recorded on the books and records of the
corporation as corporate expenses; and
new text end
new text begin
(4) a reasonable lease or rental payment to an officer who owns property that is leased
or rented to the corporation.
new text end
new text begin Subd. 46. new text end
new text begin Wages paid. new text end
new text begin
(a) "Wages paid" means the amount of wages:
new text end
new text begin
(1) that have been actually paid; or
new text end
new text begin
(2) that have been credited to or set apart so that payment and disposition is under the
control of the employee.
new text end
new text begin
(b) Wage payments delayed beyond the regularly scheduled pay date are wages paid on
the missed pay date. Back pay is wages paid on the date of actual payment. Any wages
earned but not paid with no scheduled date of payment are wages paid on the last day of
employment.
new text end
new text begin
(c) Wages paid does not include wages earned but not paid except as provided for in
this subdivision.
new text end
new text begin Subd. 47. new text end
new text begin Week. new text end
new text begin
"Week" means calendar week ending at midnight Saturday.
new text end
new text begin Subd. 48. new text end
new text begin Weekly benefit amount. new text end
new text begin
"Weekly benefit amount" means the amount of
family and medical leave benefits computed under section 268B.04.
new text end
Sec. 6.
new text begin
[268B.02] FAMILY AND MEDICAL BENEFIT INSURANCE PROGRAM
CREATION.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
A family and medical benefit insurance program is created to
be administered by the commissioner according to the terms of this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Creation of division. new text end
new text begin
A Family and Medical Benefit Insurance Division is
created within the department under the authority of the commissioner. The commissioner
shall appoint a director of the division. The division shall administer and operate the benefit
program under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Rulemaking. new text end
new text begin
The commissioner shall adopt rules to implement the provisions
of this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Account creation; appropriation. new text end
new text begin
The family and medical benefit insurance
account is created in the special revenue fund in the state treasury. Money in this account
is appropriated to the commissioner to pay benefits under and to administer this chapter,
including outreach required under section 268B.18.
new text end
new text begin Subd. 5. new text end
new text begin Information technology services and equipment. new text end
new text begin
The department is exempt
from the provisions of section 16E.016 for the purposes of this chapter.
new text end
Sec. 7.
new text begin
[268B.03] PAYMENT OF BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Requirements. new text end
new text begin
The commissioner must pay benefits from the family
and medical benefit insurance account as provided under this chapter to an applicant who
has met each of the following requirements:
new text end
new text begin
(1) the applicant has filed an application for benefits and established a benefit account
in accordance with section 268B.04;
new text end
new text begin
(2) the applicant has met all of the ongoing eligibility requirements under section
268B.06;
new text end
new text begin
(3) the applicant does not have an outstanding overpayment of family or medical leave
benefits, including any penalties or interest;
new text end
new text begin
(4) the applicant has not been held ineligible for benefits under section 268.07, subdivision
2; and
new text end
new text begin
(5) the applicant is not employed exclusively by a private plan employer and has wage
credits during the base year attributable to employers covered under the state family and
medical leave program.
new text end
new text begin Subd. 2. new text end
new text begin Benefits paid from state funds. new text end
new text begin
Benefits are paid from state funds and are not
considered paid from any special insurance plan, nor as paid by an employer. An application
for family or medical leave benefits is not considered a claim against an employer but is
considered a request for benefits from the family and medical benefit insurance account.
The commissioner has the responsibility for the proper payment of benefits regardless of
the level of interest or participation by an applicant or an employer in any determination or
appeal. An applicant's entitlement to benefits must be determined based upon that information
available without regard to a burden of proof. Any agreement between an applicant and an
employer is not binding on the commissioner in determining an applicant's entitlement.
There is no presumption of entitlement or nonentitlement to benefits.
new text end
Sec. 8.
new text begin
[268B.04] BENEFIT ACCOUNT; BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Application for benefits; determination of benefit account. new text end
new text begin
(a) An
application for benefits may be filed in person, by mail, or by electronic transmission as the
commissioner may require. The applicant must include certification supporting a request
for leave under this chapter. The applicant must meet eligibility requirements at the time
the application is filed and must provide all requested information in the manner required.
If the applicant does not meet eligibility at the time of the application or fails to provide all
requested information, the communication is not an application for family and medical leave
benefits.
new text end
new text begin
(b) The commissioner must examine each application for benefits to determine the base
period and the benefit year, and based upon all the covered employment in the base period
the commissioner must determine the weekly benefit amount available, if any, and the
maximum amount of benefits available, if any. The determination, which is a document
separate and distinct from a document titled a determination of eligibility or determination
of ineligibility, must be titled determination of benefit account. A determination of benefit
account must be sent to the applicant and all base period employers, by mail or electronic
transmission.
new text end
new text begin
(c) If a base period employer did not provide wage detail information for the applicant
as required under section 268B.12, the commissioner may accept an applicant certification
of wage credits, based upon the applicant's records, and issue a determination of benefit
account.
new text end
new text begin
(d) The commissioner may, at any time within 24 months from the establishment of a
benefit account, reconsider any determination of benefit account and make an amended
determination if the commissioner finds that the wage credits listed in the determination
were incorrect for any reason. An amended determination of benefit account must be
promptly sent to the applicant and all base period employers, by mail or electronic
transmission. This paragraph does not apply to documents titled determinations of eligibility
or determinations of ineligibility issued.
new text end
new text begin
(e) If an amended determination of benefit account reduces the weekly benefit amount
or maximum amount of benefits available, any benefits that have been paid greater than the
applicant was entitled is an overpayment of benefits. A determination or amended
determination issued under this section that results in an overpayment of benefits must set
out the amount of the overpayment and the requirement that the overpaid benefits must be
repaid according to section 268B.185.
new text end
new text begin Subd. 2. new text end
new text begin Benefit account requirements. new text end
new text begin
(a) Unless paragraph (b) applies, to establish
a benefit account, an applicant must have wage credits of at least 5.3 percent of the state's
average annual wage rounded down to the next lower $100.
new text end
new text begin
(b) To establish a new benefit account following the expiration of the benefit year on a
prior benefit account, an applicant must have performed actual work in subsequent covered
employment and have been paid wages in one or more completed calendar quarters that
started after the effective date of the prior benefit account. The wages paid for that
employment must be at least enough to meet the requirements of paragraph (a). A benefit
account under this paragraph must not be established effective earlier than the Sunday
following the end of the most recent completed calendar quarter in which the requirements
of paragraph (a) were met. An applicant must not establish a second benefit account as a
result of one loss of employment.
new text end
new text begin Subd. 3. new text end
new text begin
Weekly benefit amount; maximum amount of benefits available; prorated
amount.
new text end
new text begin
(a) Subject to the maximum weekly benefit amount, an applicant's weekly benefit
is calculated by adding the amounts obtained by applying the following percentage to an
applicant's average typical workweek and weekly wage during the high quarter of the base
period:
new text end
new text begin
(1) 90 percent of wages that do not exceed 50 percent of the state's average weekly wage;
plus
new text end
new text begin
(2) 66 percent of wages that exceed 50 percent of the state's average weekly wage but
not 100 percent; plus
new text end
new text begin
(3) 55 percent of wages that exceed 100 percent of the state's average weekly wage.
new text end
new text begin
(b) The state's average weekly wage is the average wage as calculated under section
268.035, subdivision 23, at the time a benefit amount is first determined.
new text end
new text begin
(c) The maximum weekly benefit amount is the state's average weekly wage as calculated
under section 268.035, subdivision 23.
new text end
new text begin
(d) The state's maximum weekly benefit amount, computed in accordance with section
268.035, subdivision 23, applies to a benefit account established effective on or after the
last Sunday in October. Once established, an applicant's weekly benefit amount is not
affected by the last Sunday in October change in the state's maximum weekly benefit amount.
new text end
new text begin
(e) For an employee receiving family or medical leave, a weekly benefit amount is
prorated when:
new text end
new text begin
(1) the employee works hours for wages; or
new text end
new text begin
(2) the employee uses paid sick leave, paid vacation leave, or other paid time off that is
not considered a supplemental benefit payment as defined in section 268B.01, subdivision
37.
new text end
new text begin Subd. 4. new text end
new text begin Timing of payment. new text end
new text begin
Except as otherwise provided for in this chapter, benefits
must be paid weekly.
new text end
new text begin Subd. 5. new text end
new text begin Maximum length of benefits. new text end
new text begin
(a) Except as provided in paragraph (b), in a
single benefit year, an applicant may receive up to 12 weeks of benefits under this chapter
related to the applicant's serious health condition or pregnancy and up to 12 weeks of benefits
under this chapter for bonding, safety leave, or family care.
new text end
new text begin
(b) An applicant may receive up to 12 weeks of benefits in a single benefit year for leave
related to one or more qualifying exigencies.
new text end
new text begin Subd. 6. new text end
new text begin Minimum period for which benefits payable. new text end
new text begin
Except for a claim for benefits
for bonding leave, any claim for benefits must be based on a single qualifying event of at
least seven calendar days. Benefits may be paid for a minimum duration of eight consecutive
hours in a week. If an employee on leave claims eight hours at any point during a week, the
minimum duration is satisfied.
new text end
new text begin Subd. 7. new text end
new text begin Right of appeal. new text end
new text begin
(a) A determination or amended determination of benefit
account is final unless an appeal is filed by the applicant within 30 calendar days after the
sending of the determination or amended determination, or within 60 calendar days, if an
applicant establishes good cause for not appealing within 30 days. For the purposes of this
paragraph, "good cause" means a reason that would have prevented an applicant from acting
with due diligence in appealing within 30 days and includes any illness, disability, or
linguistic and literacy limitation of the applicant, along with other relevant factors. If an
applicant claims good cause for a late appeal, the applicant must be granted a hearing on
the issue of timeliness. This hearing can be held at the same time as a hearing on the merits
of the appeal. Proceedings on the appeal are conducted in accordance with section 268B.08.
new text end
new text begin
(b) Any applicant may appeal from a determination or amended determination of benefit
account on the issue of whether services performed constitute employment, whether the
employment is covered employment, and whether money paid constitutes wages.
new text end
new text begin Subd. 8. new text end
new text begin Limitations on applications and benefit accounts. new text end
new text begin
(a) An application for
family or medical leave benefits is effective the Sunday of the calendar week that the
application was filed. An application for benefits may be backdated one calendar week
before the Sunday of the week the application was actually filed if the applicant requests
the backdating within seven calendar days of the date the application is filed. An application
may be backdated only if the applicant was eligible for the benefit during the period of the
backdating. If an individual attempted to file an application for benefits, but was prevented
from filing an application by the department, the application is effective the Sunday of the
calendar week the individual first attempted to file an application.
new text end
new text begin
(b) A benefit account established under subdivision 2 is effective the date the application
for benefits was effective.
new text end
new text begin
(c) A benefit account, once established, may later be withdrawn if:
new text end
new text begin
(1) the applicant has not been paid any benefits on that benefit account; and
new text end
new text begin
(2) a new application for benefits is filed and a new benefit account is established at the
time of the withdrawal.
new text end
new text begin
A benefit account may be withdrawn after the expiration of the benefit year, and the
new work requirements of subdivision 2, paragraph (b), do not apply if the applicant was
not paid any benefits on the benefit account that is being withdrawn.
new text end
new text begin
A determination or amended determination of eligibility or ineligibility issued under
section 268B.07 that was sent before the withdrawal of the benefit account, remains in effect
and is not voided by the withdrawal of the benefit account.
new text end
Sec. 9.
new text begin
[268B.05] CONTINUED REQUEST FOR BENEFITS.
new text end
new text begin
A continued request for family or medical leave benefits is a certification by an applicant,
done on a weekly basis, that the applicant is unable to perform usual work due to a qualifying
event and meets the ongoing eligibility requirements for benefits under section 268B.06. A
continued request must include information on possible issues of ineligibility.
new text end
Sec. 10.
new text begin
[268B.06] ELIGIBILITY REQUIREMENTS; PAYMENTS THAT AFFECT
BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Eligibility conditions. new text end
new text begin
(a) An applicant may be eligible to receive family
or medical leave benefits for any week if:
new text end
new text begin
(1) the applicant has filed a continued request for benefits for that week under section
268B.05;
new text end
new text begin
(2) the week for which benefits are requested is in the applicant's benefit year;
new text end
new text begin
(3) the applicant was unable to perform regular work due to a serious health condition,
a qualifying exigency, safety leave, family care, bonding, pregnancy, or recovery from
pregnancy for the period required under subdivision 2;
new text end
new text begin
(4) the applicant has sufficient wage credits from an employer or employers as defined
in section 268B.01, subdivision 41, to establish a benefit account under section 268B.04;
and
new text end
new text begin
(5) an applicant requesting benefits under this chapter must fulfill certification
requirements under subdivision 3.
new text end
new text begin
(b) A self-employed individual or independent contractor who has elected and been
approved for coverage under section 268B.11 need not fulfill the requirement of paragraph
(a), clause (4).
new text end
new text begin Subd. 2. new text end
new text begin Seven-day qualifying event. new text end
new text begin
(a) The period for which an applicant is seeking
benefits must be or have been based on a single event of at least seven calendar days' duration
related to pregnancy, recovery from pregnancy, family care, a qualifying exigency, safety
leave, or the applicant's serious health condition. The days need not be consecutive.
new text end
new text begin
(b) Benefits related to bonding need not meet the seven-day qualifying event requirement.
new text end
new text begin
(c) The commissioner shall use the rulemaking authority under section 268B.02,
subdivision 3, to adopt rules regarding what serious health conditions and other events are
prospectively presumed to constitute seven-day qualifying events under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Certification. new text end
new text begin
(a) Certification for an applicant taking leave related to the
applicant's serious health condition shall be sufficient if the certification states the date on
which the serious health condition began, the probable duration of the condition, and the
appropriate medical facts within the knowledge of the health care provider as required by
the commissioner.
new text end
new text begin
(b) Certification for an applicant taking leave to care for a family member with a serious
health condition shall be sufficient if the certification states the date on which the serious
health condition commenced, the probable duration of the condition, the appropriate medical
facts within the knowledge of the health care provider as required by the commissioner, a
statement that the family member requires care, and an estimate of the amount of time that
the family member will require care.
new text end
new text begin
(c) Certification for an applicant taking leave related to pregnancy shall be sufficient if
the certification states the expected due date and recovery period based on appropriate
medical facts within the knowledge of the health care provider.
new text end
new text begin
(d) Certification for an applicant taking bonding leave because of the birth of the
applicant's child shall be sufficient if the certification includes either the child's birth
certificate or a document issued by the health care provider of the child or the health care
provider of the person who gave birth, stating the child's birth date.
new text end
new text begin
(e) Certification for an applicant taking bonding leave because of the placement of a
child with the applicant for adoption or foster care shall be sufficient if the applicant provides
a document issued by the health care provider of the child, an adoption or foster care agency
involved in the placement, or by other individuals as determined by the commissioner that
confirms the placement and the date of placement. To the extent that the status of an applicant
as an adoptive or foster parent changes while an application for benefits is pending, or while
the covered individual is receiving benefits, the applicant must notify the department of
such change in status in writing.
new text end
new text begin
(f) Certification for an applicant taking leave because of a qualifying exigency shall be
sufficient if the certification includes:
new text end
new text begin
(1) a copy of the family member's active-duty orders;
new text end
new text begin
(2) other documentation issued by the United States armed forces; or
new text end
new text begin
(3) other documentation permitted by the commissioner.
new text end
new text begin
(g) Certification for an applicant taking safety leave is sufficient if the certification
includes a court record or documentation signed by a volunteer or employee of a victim's
services organization, an attorney, a police officer, or an antiviolence counselor. The
commissioner must not require disclosure of details relating to an applicant's or applicant's
family member's domestic abuse, sexual assault, or stalking.
new text end
new text begin
(h) Certifications under paragraphs (a) to (e) must be reviewed and signed by a health
care provider with knowledge of the qualifying event associated with the leave.
new text end
new text begin
(i) For a leave taken on an intermittent or reduced-schedule basis, based on a serious
health condition of an applicant or applicant's family member, the certification under this
subdivision must include an explanation of how such leave would be medically beneficial
to the individual with the serious health condition.
new text end
new text begin Subd. 4. new text end
new text begin Not eligible. new text end
new text begin
An applicant is ineligible for family or medical leave benefits for
any portion of a typical workweek:
new text end
new text begin
(1) that occurs before the effective date of a benefit account;
new text end
new text begin
(2) that the applicant has an outstanding misrepresentation overpayment balance under
section 268B.185, subdivision 5, including any penalties and interest;
new text end
new text begin
(3) that the applicant fails or refuses to provide information on an issue of ineligibility
required under section 268B.07, subdivision 2; or
new text end
new text begin
(4) for which the applicant worked for pay.
new text end
new text begin Subd. 5. new text end
new text begin Vacation, sick leave, and supplemental benefit payments. new text end
new text begin
(a) An applicant
is not eligible to receive benefits for any portion of a typical workweek the applicant is
receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also
known as "PTO."
new text end
new text begin
(b) Paragraph (a) does not apply:
new text end
new text begin
(1) upon a permanent separation from employment;
new text end
new text begin
(2) to payments from a vacation fund administered by a union or a third party not under
the control of the employer; or
new text end
new text begin
(3) to supplemental benefit payments, as defined in section 268B.01, subdivision 37.
new text end
new text begin
(c) Payments under this subdivision are applied to the period immediately following the
later of the date of separation from employment or the date the applicant first becomes
aware that the employer will be making a payment. The date the payment is actually made
or received, or that an applicant must agree to a release of claims, does not affect the
application of this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin Workers' compensation and disability insurance offset. new text end
new text begin
(a) An applicant is
not eligible to receive benefits for any portion of a week in which the applicant is receiving
or has received compensation for loss of wages equal to or in excess of the applicant's
weekly family or medical leave benefit amount under:
new text end
new text begin
(1) the workers' compensation law of this state;
new text end
new text begin
(2) the workers' compensation law of any other state or similar federal law; or
new text end
new text begin
(3) any insurance or trust fund paid in whole or in part by an employer.
new text end
new text begin
(b) This subdivision does not apply to an applicant who has a claim pending for loss of
wages under paragraph (a). If the applicant later receives compensation as a result of the
pending claim, the applicant is subject to paragraph (a) and the family or medical leave
benefits paid are overpaid benefits under section 268B.185.
new text end
new text begin
(c) If the amount of compensation described under paragraph (a) for any week is less
than the applicant's weekly family or medical leave benefit amount, benefits requested for
that week are reduced by the amount of that compensation payment.
new text end
new text begin Subd. 7. new text end
new text begin Separation, severance, or bonus payments. new text end
new text begin
(a) An applicant is not eligible
to receive benefits for any week the applicant is receiving, has received, or will receive
separation pay, severance pay, bonus pay, or any other payments paid by an employer
because of, upon, or after separation from employment. This subdivision applies if the
payment is:
new text end
new text begin
(1) considered wages under section 268B.01, subdivision 43; or
new text end
new text begin
(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social
Security and Medicare.
new text end
new text begin
(b) Payments under this subdivision are applied to the period immediately following the
later of the date of separation from employment or the date the applicant first becomes
aware that the employer will be making a payment. The date the payment is actually made
or received, or that an applicant must agree to a release of claims, does not affect the
application of this paragraph.
new text end
new text begin
(c) This subdivision does not apply to vacation pay, sick pay, personal time off pay, or
supplemental benefit payment under subdivision 4.
new text end
new text begin
(d) This subdivision applies to all the weeks of payment.
new text end
new text begin
(e) Under this subdivision, if the payment with respect to a week is equal to or more
than the applicant's weekly benefit amount, the applicant is ineligible for benefits for that
week. If the payment with respect to a week is less than the applicant's weekly benefit
amount, benefits are reduced by the amount of the payment.
new text end
new text begin Subd. 8. new text end
new text begin Social Security disability benefits. new text end
new text begin
(a) An applicant who is receiving, has
received, or has filed for primary Social Security disability benefits for any week is ineligible
for benefits for that week, unless:
new text end
new text begin
(1) the Social Security Administration approved the collecting of primary Social Security
disability benefits each month the applicant was employed during the base period; or
new text end
new text begin
(2) the applicant provides a statement from an appropriate health care professional who
is aware of the applicant's Social Security disability claim and the basis for that claim,
certifying that the applicant is available for suitable employment.
new text end
new text begin
(b) If an applicant meets the requirements of paragraph (a), clause (1), there is no
deduction from the applicant's weekly benefit amount for any Social Security disability
benefits.
new text end
new text begin
(c) If an applicant meets the requirements of paragraph (a), clause (2), there must be
deducted from the applicant's weekly benefit amount 50 percent of the weekly equivalent
of the primary Social Security disability benefits the applicant is receiving, has received,
or has filed for, with respect to that week.
new text end
new text begin
If the Social Security Administration determines that the applicant is not entitled to receive
primary Social Security disability benefits for any week the applicant has applied for those
benefits, this paragraph does not apply to that week.
new text end
new text begin
(d) Information from the Social Security Administration is conclusive, absent specific
evidence showing that the information was erroneous.
new text end
Sec. 11.
new text begin
[268B.07] DETERMINATION ON ISSUES OF ELIGIBILITY.
new text end
new text begin Subdivision 1. new text end
new text begin Employer notification. new text end
new text begin
(a) Upon a determination that an applicant is
entitled to benefits, the commissioner must promptly send a notification to each current
employer of the applicant, if any, in accordance with paragraph (b).
new text end
new text begin
(b) The notification under paragraph (a) must include, at a minimum:
new text end
new text begin
(1) the name of the applicant;
new text end
new text begin
(2) that the applicant has applied for and received benefits;
new text end
new text begin
(3) the week the benefits commence;
new text end
new text begin
(4) the weekly benefit amount payable; and
new text end
new text begin
(5) the maximum duration of benefits.
new text end
new text begin Subd. 2. new text end
new text begin Determination. new text end
new text begin
(a) The commissioner must determine any issue of ineligibility
raised by information required from an applicant and send to the applicant and any current
base period employer, by mail or electronic transmission, a document titled a determination
of eligibility or a determination of ineligibility, as is appropriate, within two weeks.
new text end
new text begin
(b) If an applicant obtained benefits through misrepresentation, the department is
authorized to issue a determination of ineligibility within 48 months of the establishment
of the benefit account.
new text end
new text begin
(c) If the department has filed an intervention in a worker's compensation matter under
section 176.361, the department is authorized to issue a determination of ineligibility within
48 months of the establishment of the benefit account.
new text end
new text begin
(d) A determination of eligibility or determination of ineligibility is final unless an appeal
is filed by the applicant within 20 calendar days after sending. The determination must
contain a prominent statement indicating the consequences of not appealing. Proceedings
on the appeal are conducted in accordance with section 268B.08.
new text end
new text begin
(e) An issue of ineligibility required to be determined under this section includes any
question regarding the denial or allowing of benefits under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Amended determination. new text end
new text begin
Unless an appeal has been filed, the commissioner,
on the commissioner's own motion, may reconsider a determination of eligibility or
determination of ineligibility that has not become final and issue an amended determination.
Any amended determination must be sent to the applicant and any employer in the current
base period by mail or electronic transmission. Any amended determination is final unless
an appeal is filed by the applicant within 30 calendar days after sending, or within 60 calendar
days, if the applicant establishes good cause for not appealing within 30 days. For the
purposes of this paragraph, "good cause" means a reason that would have prevented an
applicant from acting with due diligence in appealing within 30 days and includes any
illness, disability, or linguistic and literacy limitation of the applicant, along with other
relevant factors. If an applicant claims good cause for a late appeal, the applicant must be
granted a hearing on the issue of timeliness. This hearing can be held at the same time as a
hearing on the merits of the appeal. Proceedings on the appeal are conducted in accordance
with section 268B.08.
new text end
new text begin Subd. 4. new text end
new text begin Benefit payment. new text end
new text begin
If a determination or amended determination allows benefits
to an applicant, the family or medical leave benefits must be paid regardless of any appeal
period or any appeal having been filed.
new text end
new text begin Subd. 5. new text end
new text begin Overpayment. new text end
new text begin
A determination or amended determination that holds an
applicant ineligible for benefits for periods an applicant has been paid benefits is an
overpayment of those family or medical leave benefits. A determination or amended
determination issued under this section that results in an overpayment of benefits must set
out the amount of the overpayment and the requirement that the overpaid benefits must be
repaid according to section 268B.185.
new text end
Sec. 12.
new text begin
[268B.08] APPEAL PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Hearing. new text end
new text begin
(a) The commissioner shall designate a chief benefit judge.
new text end
new text begin
(b) Upon a timely appeal to a determination having been filed or upon a referral for
direct hearing, the chief benefit judge must set a time and date for a de novo due-process
hearing and send notice to an applicant and an employer, by mail or electronic transmission,
not less than ten calendar days before the date of the hearing.
new text end
new text begin
(c) The commissioner may adopt rules on procedures for hearings. The rules need not
conform to common law or statutory rules of evidence and other technical rules of procedure.
new text end
new text begin
(d) The chief benefit judge has discretion regarding the method by which the hearing is
conducted.
new text end
new text begin Subd. 2. new text end
new text begin Decision. new text end
new text begin
(a) After the conclusion of the hearing, upon the evidence obtained,
the benefit judge must serve by mail or electronic transmission to all parties the decision,
reasons for the decision, and written findings of fact.
new text end
new text begin
(b) Decisions of a benefit judge are not precedential.
new text end
new text begin Subd. 3. new text end
new text begin Request for reconsideration. new text end
new text begin
Any party, or the commissioner, may, within
30 calendar days after service of the benefit judge's decision, file a request for reconsideration
asking the judge to reconsider that decision.
new text end
new text begin Subd. 4. new text end
new text begin Appeal to court of appeals. new text end
new text begin
Any final determination on a request for
reconsideration may be appealed by any party directly to the Minnesota Court of Appeals.
new text end
new text begin Subd. 5. new text end
new text begin Benefit judges. new text end
new text begin
(a) Only employees of the department who are attorneys licensed
to practice law in Minnesota may serve as a chief benefit judge, senior benefit judges who
are supervisors, or benefit judges.
new text end
new text begin
(b) The chief benefit judge must assign a benefit judge to conduct a hearing and may
transfer to another benefit judge any proceedings pending before another benefit judge.
new text end
Sec. 13.
new text begin
[268B.085] LEAVE.
new text end
new text begin Subdivision 1. new text end
new text begin Right to leave. new text end
new text begin
Ninety calendar days from the date of hire, an employee
has a right to leave from employment for any day, or portion of a day, for which the employee
would be eligible for benefits under this chapter, regardless of whether the employee actually
applied for benefits and regardless of whether the employee is covered under a private plan
or the public program under this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Notice to employer. new text end
new text begin
(a) If the need for leave is foreseeable, an employee must
provide the employer at least 30 days' advance notice before leave under this chapter is to
begin. If 30 days' notice is not practicable because of a lack of knowledge of approximately
when leave will be required to begin, a change in circumstances, or a medical emergency,
notice must be given as soon as practicable. Whether leave is to be continuous or is to be
taken intermittently or on a reduced-schedule basis, notice need only be given one time, but
the employee must advise the employer as soon as practicable if dates of scheduled leave
change or are extended, or were initially unknown. In those cases where the employee is
required to provide at least 30 days' notice of foreseeable leave and does not do so, the
employee must explain the reasons why notice was not practicable upon request from the
employer.
new text end
new text begin
(b) "As soon as practicable" means as soon as both possible and practical, taking into
account all of the facts and circumstances in the individual case. When an employee becomes
aware of a need for leave under this chapter less than 30 days in advance, it should be
practicable for the employee to provide notice of the need for leave either the same day or
the next day, unless the need for leave is based on a medical emergency. In all cases,
however, the determination of when an employee could practicably provide notice must
take into account the individual facts and circumstances.
new text end
new text begin
(c) An employee shall provide at least oral, telephone, or text message notice sufficient
to make the employer aware that the employee needs leave allowed under this chapter and
the anticipated timing and duration of the leave. An employer may require an employee
giving notice of leave to include a certification for the leave as described in section 268B.06,
subdivision 3. Such certification, if required by an employer, is timely when the employee
delivers it as soon as practicable given the circumstances requiring the need for leave, and
the required contents of the certification.
new text end
new text begin
(d) An employer may require an employee to comply with the employer's usual and
customary notice and procedural requirements for requesting leave, absent unusual
circumstances or other circumstances caused by the reason for the employee's need for
leave. Leave under this chapter must not be delayed or denied where an employer's usual
and customary notice or procedural requirements require notice to be given sooner than set
forth in this subdivision.
new text end
new text begin
(e) If an employer has failed to provide notice to the employee as required under section
268B.26, paragraph (a), (b), or (e), the employee is not required to comply with the notice
requirements of this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Bonding leave. new text end
new text begin
Bonding leave taken under this chapter begins at a time requested
by the employee. Bonding leave must begin within 12 months of the birth, adoption, or
placement of a foster child, except that, in the case where the child must remain in the
hospital longer than the mother, the leave must begin within 12 months after the child leaves
the hospital.
new text end
new text begin Subd. 4. new text end
new text begin Intermittent or reduced-leave schedule. new text end
new text begin
(a) Leave under this chapter, based
on a serious health condition, may be taken intermittently or on a reduced-leave schedule
if such leave is reasonable and appropriate to the needs of the individual with the serious
health condition. For all other leaves under this chapter, leave may be taken intermittently
or on a reduced-leave schedule. Intermittent leave is leave taken in separate blocks of time
due to a single, seven-day qualifying event. A reduced-leave schedule is a leave schedule
that reduces an employee's usual number of working hours per workweek or hours per
workday.
new text end
new text begin
(b) Leave taken intermittently or on a reduced-schedule basis counts toward the
maximums described in section 268B.04, subdivision 5.
new text end
Sec. 14.
new text begin
[268B.09] EMPLOYMENT PROTECTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Retaliation prohibited. new text end
new text begin
An employer must not retaliate against an
employee for requesting or obtaining benefits, or for exercising any other right under this
chapter.
new text end
new text begin Subd. 2. new text end
new text begin Interference prohibited. new text end
new text begin
An employer must not obstruct or impede an
application for leave or benefits or the exercise of any other right under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Waiver of rights void. new text end
new text begin
Any agreement to waive, release, or commute rights
to benefits or any other right under this chapter is void.
new text end
new text begin Subd. 4. new text end
new text begin No assignment of benefits. new text end
new text begin
Any assignment, pledge, or encumbrance of benefits
is void. Benefits are exempt from levy, execution, attachment, or any other remedy provided
for the collection of debt. Any waiver of this subdivision is void.
new text end
new text begin Subd. 5. new text end
new text begin Continued insurance. new text end
new text begin
During any leave for which an employee is entitled to
benefits under this chapter, the employer must maintain coverage under any group insurance
policy, group subscriber contract, or health care plan for the employee and any dependents
as if the employee was not on leave, provided, however, that the employee must continue
to pay any employee share of the cost of such benefits.
new text end
new text begin Subd. 6. new text end
new text begin Employee right to reinstatement. new text end
new text begin
(a) On return from leave under this chapter,
an employee is entitled to be returned to the same position the employee held when leave
commenced or to an equivalent position with equivalent benefits, pay, and other terms and
conditions of employment. An employee is entitled to reinstatement even if the employee
has been replaced or the employee's position has been restructured to accommodate the
employee's absence.
new text end
new text begin
(b)(1) An equivalent position is one that is virtually identical to the employee's former
position in terms of pay, benefits, and working conditions, including privileges, prerequisites,
and status. It must involve the same or substantially similar duties and responsibilities,
which must entail substantially equivalent skill, effort, responsibility, and authority.
new text end
new text begin
(2) If an employee is no longer qualified for the position because of the employee's
inability to attend a necessary course, renew a license, fly a minimum number of hours, or
similar condition, as a result of the leave, the employee must be given a reasonable
opportunity to fulfill those conditions upon return from leave.
new text end
new text begin
(c)(1) An employee is entitled to any unconditional pay increases which may have
occurred during the leave period, such as cost of living increases. Pay increases conditioned
upon seniority, length of service, or work performed must be granted in accordance with
the employer's policy or practice with respect to other employees on an equivalent leave
status for a reason that does not qualify for leave under this chapter. An employee is entitled
to be restored to a position with the same or equivalent pay premiums, such as a shift
differential. If an employee departed from a position averaging ten hours of overtime, and
corresponding overtime pay, each week an employee is ordinarily entitled to such a position
on return from leave under this chapter.
new text end
new text begin
(2) Equivalent pay includes any bonus or payment, whether it is discretionary or
nondiscretionary, made to employees consistent with clause (1). If a bonus or other payment
is based on the achievement of a specified goal such as hours worked, products sold, or
perfect attendance, and the employee has not met the goal due to leave under this chapter,
the payment may be denied, unless otherwise paid to employees on an equivalent leave
status for a reason that does not qualify for leave under this chapter.
new text end
new text begin
(d) Benefits under this section include all benefits provided or made available to
employees by an employer, including group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether
benefits are provided by a practice or written policy of an employer through an employee
benefit plan as defined in section 3(3) of United States Code, title 29, section 1002(3).
new text end
new text begin
(1) At the end of an employee's leave under this chapter, benefits must be resumed in
the same manner and at the same levels as provided when the leave began, and subject to
any changes in benefit levels that may have taken place during the period of leave affecting
the entire workforce, unless otherwise elected by the employee. Upon return from a leave
under this chapter, an employee must not be required to requalify for any benefits the
employee enjoyed before leave began, including family or dependent coverages.
new text end
new text begin
(2) An employee may, but is not entitled to, accrue any additional benefits or seniority
during a leave under this chapter. Benefits accrued at the time leave began must be available
to an employee upon return from leave.
new text end
new text begin
(3) With respect to pension and other retirement plans, leave under this chapter must
not be treated as or counted toward a break in service for purposes of vesting and eligibility
to participate. If the plan requires an employee to be employed on a specific date in order
to be credited with a year of service for vesting, contributions, or participation purposes,
an employee on leave under this chapter must be treated as employed on that date. Periods
of leave under this chapter need not be treated as credited service for purposes of benefit
accrual, vesting, and eligibility to participate.
new text end
new text begin
(4) Employees on leave under this chapter must be treated as if they continued to work
for purposes of changes to benefit plans. Employees on leave under this chapter are entitled
to changes in benefit plans, except those which may be dependent upon seniority or accrual
during the leave period, immediately upon return from leave or to the same extent they
would have qualified if no leave had been taken.
new text end
new text begin
(e) An equivalent position must have substantially similar duties, conditions,
responsibilities, privileges, and status as the employee's original position.
new text end
new text begin
(1) The employee must be reinstated to the same or a geographically proximate worksite
from where the employee had previously been employed. If the employee's original worksite
has been closed, the employee is entitled to the same rights as if the employee had not been
on leave when the worksite closed.
new text end
new text begin
(2) The employee is ordinarily entitled to return to the same shift or the same or an
equivalent work schedule.
new text end
new text begin
(3) The employee must have the same or an equivalent opportunity for bonuses,
profit-sharing, and other similar discretionary and nondiscretionary payments.
new text end
new text begin
(4) This chapter does not prohibit an employer from accommodating an employee's
request to be restored to a different shift, schedule, or position which better suits the
employee's personal needs on return from leave, or to offer a promotion to a better position.
However, an employee must not be induced by the employer to accept a different position
against the employee's wishes.
new text end
new text begin
(f) The requirement that an employee be restored to the same or equivalent job with the
same or equivalent pay, benefits, and terms and conditions of employment does not extend
to de minimis, intangible, or unmeasurable aspects of the job.
new text end
new text begin Subd. 7. new text end
new text begin Limitations on an employee's right to reinstatement. new text end
new text begin
An employee has no
greater right to reinstatement or to other benefits and conditions of employment than if the
employee had been continuously employed during the period of leave under this chapter.
An employer must be able to show that an employee would not otherwise have been
employed at the time reinstatement is requested in order to deny restoration to employment.
new text end
new text begin
(1) If an employee is laid off during the course of taking a leave under this chapter and
employment is terminated, the employer's responsibility to continue the leave, maintain
group health plan benefits, and restore the employee cease at the time the employee is laid
off, provided the employer has no continuing obligations under a collective bargaining
agreement or otherwise. An employer has the burden of proving that an employee would
have been laid off during the period of leave under this chapter and, therefore, would not
be entitled to restoration to a job slated for layoff when the employee's original position
would not meet the requirements of an equivalent position.
new text end
new text begin
(2) If a shift has been eliminated or overtime has been decreased, an employee would
not be entitled to return to work that shift or the original overtime hours upon restoration.
However, if a position on, for example, a night shift has been filled by another employee,
the employee is entitled to return to the same shift on which employed before taking leave
under this chapter.
new text end
new text begin
(3) If an employee was hired for a specific term or only to perform work on a discrete
project, the employer has no obligation to restore the employee if the employment term or
project is over and the employer would not otherwise have continued to employ the employee.
new text end
new text begin Subd. 8. new text end
new text begin Remedies. new text end
new text begin
(a) In addition to any other remedies available to an employee in
law or equity, an employer who violates the provisions of this section is liable to any
employee affected for:
new text end
new text begin
(1) damages equal to the amount of:
new text end
new text begin
(i) any wages, salary, employment benefits, or other compensation denied or lost to such
employee by reason of the violation, or, in cases in which wages, salary, employment
benefits, or other compensation have not been denied or lost to the employee, any actual
monetary losses sustained by the employee as a direct result of the violation; and
new text end
new text begin
(ii) reasonable interest on the amount described in item (i); and
new text end
new text begin
(2) such equitable relief as may be appropriate, including employment, reinstatement,
and promotion.
new text end
new text begin
(b) An action to recover damages or equitable relief prescribed in paragraph (a) may be
maintained against any employer in any federal or state court of competent jurisdiction by
any one or more employees for and on behalf of:
new text end
new text begin
(1) the employees; or
new text end
new text begin
(2) the employees and other employees similarly situated.
new text end
new text begin
(c) The court in an action under this section must, in addition to any judgment awarded
to the plaintiff or plaintiffs, allow reasonable attorney fees, reasonable expert witness fees,
and other costs of the action to be paid by the defendant.
new text end
new text begin
(d) Nothing in this section shall be construed to allow an employee to recover damages
from an employer for the denial of benefits under this chapter by the department, unless the
employer unlawfully interfered with the application for benefits under subdivision 2.
new text end
Sec. 15.
new text begin
[268B.10] SUBSTITUTION OF A PRIVATE PLAN.
new text end
new text begin Subdivision 1. new text end
new text begin Application for substitution. new text end
new text begin
Employers may apply to the commissioner
for approval to meet their obligations under this chapter through the substitution of a private
plan that provides paid family, paid medical, or paid family and medical benefits. In order
to be approved as meeting an employer's obligations under this chapter, a private plan must
confer all of the same rights, protections, and benefits provided to employees under this
chapter, including but not limited to benefits under section 268B.04 and employment
protections under section 268B.09. An employee covered by a private plan under this section
retains all applicable rights and remedies under section 268B.09.
new text end
new text begin Subd. 2. new text end
new text begin Private plan requirements; medical benefit program. new text end
new text begin
(a) The commissioner
must approve an application for private provision of the medical benefit program if the
commissioner determines:
new text end
new text begin
(1) all of the employees of the employer are to be covered under the provisions of the
employer plan;
new text end
new text begin
(2) eligibility requirements for benefits and leave are no more restrictive than as provided
under this chapter;
new text end
new text begin
(3) the weekly benefits payable under the private plan for any week are at least equal to
the weekly benefit amount payable under this chapter, taking into consideration any coverage
with respect to concurrent employment by another employer;
new text end
new text begin
(4) the total number of weeks for which benefits are payable under the private plan is
at least equal to the total number of weeks for which benefits would have been payable
under this chapter;
new text end
new text begin
(5) no greater amount is required to be paid by employees toward the cost of benefits
under the employer plan than by this chapter;
new text end
new text begin
(6) wage replacement benefits are stated in the plan separately and distinctly from other
benefits;
new text end
new text begin
(7) the private plan will provide benefits and leave for any serious health condition or
pregnancy for which benefits are payable, and leave provided, under this chapter;
new text end
new text begin
(8) the private plan will impose no additional condition or restriction on the use of
medical benefits beyond those explicitly authorized by this chapter or regulations
promulgated pursuant to this chapter;
new text end
new text begin
(9) the private plan will allow any employee covered under the private plan who is
eligible to receive medical benefits under this chapter to receive medical benefits under the
employer plan; and
new text end
new text begin
(10) coverage will continue under the private plan while an employee remains employed
by the employer.
new text end
new text begin
(b) Notwithstanding paragraph (a), a private plan may provide shorter durations of leave
and benefit eligibility if the total dollar value of wage replacement benefits under the private
plan for an employee for any particular qualifying event meets or exceeds what the total
dollar value would be under the public family and medical benefit program.
new text end
new text begin Subd. 3. new text end
new text begin Private plan requirements; family benefit program. new text end
new text begin
(a) The commissioner
must approve an application for private provision of the family benefit program if the
commissioner determines:
new text end
new text begin
(1) all of the employees of the employer are to be covered under the provisions of the
employer plan;
new text end
new text begin
(2) eligibility requirements for benefits and leave are no more restrictive than as provided
under this chapter;
new text end
new text begin
(3) the weekly benefits payable under the private plan for any week are at least equal to
the weekly benefit amount payable under this chapter, taking into consideration any coverage
with respect to concurrent employment by another employer;
new text end
new text begin
(4) the total number of weeks for which benefits are payable under the private plan is
at least equal to the total number of weeks for which benefits would have been payable
under this chapter;
new text end
new text begin
(5) no greater amount is required to be paid by employees toward the cost of benefits
under the employer plan than by this chapter;
new text end
new text begin
(6) wage replacement benefits are stated in the plan separately and distinctly from other
benefits;
new text end
new text begin
(7) the private plan will provide benefits and leave for any care for a family member
with a serious health condition, bonding with a child, qualifying exigency, or safety leave
event for which benefits are payable, and leave provided, under this chapter;
new text end
new text begin
(8) the private plan will impose no additional condition or restriction on the use of family
benefits beyond those explicitly authorized by this chapter or regulations promulgated
pursuant to this chapter;
new text end
new text begin
(9) the private plan will allow any employee covered under the private plan who is
eligible to receive medical benefits under this chapter to receive medical benefits under the
employer plan; and
new text end
new text begin
(10) coverage will continue under the private plan while an employee remains employed
by the employer.
new text end
new text begin
(b) Notwithstanding paragraph (a), a private plan may provide shorter durations of leave
and benefit eligibility if the total dollar value of wage replacement benefits under the private
plan for an employee for any particular qualifying event meets or exceeds what the total
dollar value would be under the public family and medical benefit program.
new text end
new text begin Subd. 4. new text end
new text begin Use of private insurance products. new text end
new text begin
Nothing in this section prohibits an
employer from meeting the requirements of a private plan through a private insurance
product. If the employer plan involves a private insurance product, that insurance product
must conform to any applicable law or rule.
new text end
new text begin Subd. 5. new text end
new text begin Private plan approval and oversight fee. new text end
new text begin
An employer with an approved
private plan is not required to pay premiums established under section 268B.14. An employer
with an approved private plan is responsible for a private plan approval and oversight fee
equal to $250 for employers with fewer than 50 employees, $500 for employers with 50 to
499 employees, and $1,000 for employers with 500 or more employees. The employer must
pay this fee (1) upon initial application for private plan approval, and (2) any time the
employer applies to amend the private plan. The commissioner must review and report on
the adequacy of this fee to cover private plan administrative costs annually beginning
December 1, 2024, as part of the annual report established in section 268B.24.
new text end
new text begin Subd. 6. new text end
new text begin Plan duration. new text end
new text begin
A private plan under this section must be in effect for a period
of at least one year and, thereafter, continuously unless the commissioner finds that the
employer has given notice of withdrawal from the plan in a manner specified by the
commissioner in this section or rule. The plan may be withdrawn by the employer within
30 days of the effective date of any law increasing the benefit amounts or within 30 days
of the date of any change in the rate of premiums. If the plan is not withdrawn, it must be
amended to conform to provide the increased benefit amount or change in the rate of the
employee's premium on the date of the increase or change.
new text end
new text begin Subd. 7. new text end
new text begin Appeals. new text end
new text begin
An employer may appeal any adverse action regarding that employer's
private plan to the commissioner, in a manner specified by the commissioner.
new text end
new text begin Subd. 8. new text end
new text begin Employees no longer covered. new text end
new text begin
(a) An employee is no longer covered by an
approved private plan if a leave under this chapter occurs after the employment relationship
with the private plan employer ends, or if the commissioner revokes the approval of the
private plan.
new text end
new text begin
(b) An employee no longer covered by an approved private plan is, if otherwise eligible,
immediately entitled to benefits under this chapter to the same extent as though there had
been no approval of the private plan.
new text end
new text begin Subd. 9. new text end
new text begin Posting of notice regarding private plan. new text end
new text begin
An employer with a private plan
must provide a notice prepared by or approved by the commissioner regarding the private
plan consistent with section 268B.26.
new text end
new text begin Subd. 10. new text end
new text begin Amendment. new text end
new text begin
(a) The commissioner must approve any amendment to a private
plan adjusting the provisions thereof, if the commissioner determines:
new text end
new text begin
(1) that the plan, as amended, will conform to the standards set forth in this chapter; and
new text end
new text begin
(2) that notice of the amendment has been delivered to all affected employees at least
ten days before the submission of the amendment.
new text end
new text begin
(b) Any amendments approved under this subdivision are effective on the date of the
commissioner's approval, unless the commissioner and the employer agree on a later date.
new text end
new text begin Subd. 11. new text end
new text begin Successor employer. new text end
new text begin
A private plan in effect at the time a successor acquires
the employer organization, trade, or business, or substantially all the assets thereof, or a
distinct and severable portion of the organization, trade, or business, and continues its
operation without substantial reduction of personnel resulting from the acquisition, must
continue the approved private plan and must not withdraw the plan without a specific request
for withdrawal in a manner and at a time specified by the commissioner. A successor may
terminate a private plan with notice to the commissioner and within 90 days from the date
of the acquisition.
new text end
new text begin Subd. 12. new text end
new text begin Revocation of approval by commissioner. new text end
new text begin
(a) The commissioner may
terminate any private plan if the commissioner determines the employer:
new text end
new text begin
(1) failed to pay benefits;
new text end
new text begin
(2) failed to pay benefits in a timely manner, consistent with the requirements of this
chapter;
new text end
new text begin
(3) failed to submit reports as required by this chapter or rule adopted under this chapter;
or
new text end
new text begin
(4) otherwise failed to comply with this chapter or rule adopted under this chapter.
new text end
new text begin
(b) The commissioner must give notice of the intention to terminate a plan to the employer
at least ten days before taking any final action. The notice must state the effective date and
the reason for the termination.
new text end
new text begin
(c) The employer may, within ten days from mailing or personal service of the notice,
file an appeal to the commissioner in the time, manner, method, and procedure provided by
the commissioner under subdivision 7.
new text end
new text begin
(d) The payment of benefits must not be delayed during an employer's appeal of the
revocation of approval of a private plan.
new text end
new text begin
(e) If the commissioner revokes approval of an employer's private plan, that employer
is ineligible to apply for approval of another private plan for a period of three years, beginning
on the date of revocation.
new text end
new text begin Subd. 13. new text end
new text begin Employer penalties. new text end
new text begin
(a) The commissioner may assess the following monetary
penalties against an employer with an approved private plan found to have violated this
chapter:
new text end
new text begin
(1) $1,000 for the first violation; and
new text end
new text begin
(2) $2,000 for the second, and each successive violation.
new text end
new text begin
(b) The commissioner must waive collection of any penalty if the employer corrects the
violation within 30 days of receiving a notice of the violation and the notice is for a first
violation.
new text end
new text begin
(c) The commissioner may waive collection of any penalty if the commissioner determines
the violation to be an inadvertent error by the employer.
new text end
new text begin
(d) Monetary penalties collected under this section shall be deposited in the family and
medical benefit insurance account.
new text end
new text begin
(e) Assessment of penalties under this subdivision may be appealed as provided by the
commissioner under subdivision 7.
new text end
new text begin Subd. 14. new text end
new text begin Reports, information, and records. new text end
new text begin
Employers with an approved private
plan must maintain all reports, information, and records as relating to the private plan and
claims for a period of six years from creation and provide to the commissioner upon request.
new text end
new text begin Subd. 15. new text end
new text begin Audit and investigation. new text end
new text begin
The commissioner may investigate and audit plans
approved under this section both before and after the plans are approved.
new text end
Sec. 16.
new text begin
[268B.11] SELF-EMPLOYED AND INDEPENDENT CONTRACTOR
ELECTION OF COVERAGE.
new text end
new text begin Subdivision 1. new text end
new text begin Election of coverage. new text end
new text begin
(a) A self-employed individual or independent
contractor may file with the commissioner by electronic transmission in a format prescribed
by the commissioner an application to be entitled to benefits under this chapter for a period
not less than 104 consecutive calendar weeks. Upon the approval of the commissioner, sent
by United States mail or electronic transmission, the individual is entitled to benefits under
this chapter beginning the calendar quarter after the date of approval or beginning in a later
calendar quarter if requested by the self-employed individual or independent contractor.
The individual ceases to be entitled to benefits as of the first day of January of any calendar
year only if, at least 30 calendar days before the first day of January, the individual has filed
with the commissioner by electronic transmission in a format prescribed by the commissioner
a notice to that effect.
new text end
new text begin
(b) The commissioner may terminate any application approved under this section with
30 calendar days' notice sent by United States mail or electronic transmission if the
self-employed individual is delinquent on any premiums due under this chapter. If an
approved application is terminated in this manner during the first 104 consecutive calendar
weeks of election, the self-employed individual remains obligated to pay the premium under
subdivision 3 for the remainder of that 104-week period.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
A self-employed individual who applies for coverage under this
section must provide the commissioner with (1) the amount of the individual's net earnings
from self-employment, if any, from the two most recent taxable years and all tax documents
necessary to prove the accuracy of the amounts reported, and (2) any other documentation
the commissioner requires. A self-employed individual who is covered under this chapter
must annually provide the commissioner with the amount of the individual's net earnings
from self-employment within 30 days of filing a federal income tax return.
new text end
new text begin Subd. 3. new text end
new text begin Premium. new text end
new text begin
A self-employed individual who elects to receive coverage under
this chapter must annually pay a premium equal to one-half the percentage in section
268B.14, subdivision 5, clause (1), times the lesser of:
new text end
new text begin
(1) the individual's self-employment premium base; or
new text end
new text begin
(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability
Insurance tax.
new text end
new text begin Subd. 4. new text end
new text begin Benefits. new text end
new text begin
Notwithstanding anything to the contrary, a self-employed individual
who has applied to and been approved for coverage by the commissioner under this section
is entitled to benefits on the same basis as an employee under this chapter, except that a
self-employed individual's weekly benefit amount under section 268B.04, subdivision 1,
must be calculated as a percentage of the self-employed individual's self-employment
premium base, rather than wages.
new text end
Sec. 17.
new text begin
[268B.12] WAGE REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Wage detail report. new text end
new text begin
(a) Each employer must submit, under the employer
premium account described in section 268B.13, a quarterly wage detail report by electronic
transmission, in a format prescribed by the commissioner. The report must include for each
employee in covered employment during the calendar quarter, the employee's name, Social
Security number, the total wages paid to the employee, and total number of paid hours
worked. For employees exempt from the definition of employee in section 177.23,
subdivision 7, clause (6), the employer must report 40 hours worked for each week any
duties were performed by a full-time employee and must report a reasonable estimate of
the hours worked for each week duties were performed by a part-time employee. In addition,
the wage detail report must include the number of employees employed during the payroll
period that includes the 12th day of each calendar month and, if required by the
commissioner, the report must be broken down by business location and separate business
unit. The report is due and must be received by the commissioner on or before the last day
of the month following the end of the calendar quarter. The commissioner may delay the
due date on a specific calendar quarter in the event the department is unable to accept wage
detail reports electronically.
new text end
new text begin
(b) The employer may report the wages paid to the next lower whole dollar amount.
new text end
new text begin
(c) An employer need not include the name of the employee or other required information
on the wage detail report if disclosure is specifically exempted from being reported by
federal law.
new text end
new text begin
(d) A wage detail report must be submitted for each calendar quarter even though no
wages were paid, unless the business has been terminated.
new text end
new text begin Subd. 2. new text end
new text begin Electronic transmission of report required. new text end
new text begin
Each employer must submit the
quarterly wage detail report by electronic transmission in a format prescribed by the
commissioner. The commissioner has the discretion to accept wage detail reports that are
submitted by any other means or the commissioner may return the report submitted by other
than electronic transmission to the employer, and reports returned are considered as not
submitted and the late fees under subdivision 3 may be imposed.
new text end
new text begin Subd. 3. new text end
new text begin Failure to timely file report; late fees. new text end
new text begin
(a) Any employer that fails to submit
the quarterly wage detail report when due must pay a late fee of $10 per employee, computed
based upon the highest of:
new text end
new text begin
(1) the number of employees reported on the last wage detail report submitted;
new text end
new text begin
(2) the number of employees reported in the corresponding quarter of the prior calendar
year; or
new text end
new text begin
(3) if no wage detail report has ever been submitted, the number of employees listed at
the time of employer registration.
new text end
new text begin
The late fee is canceled if the wage detail report is received within 30 calendar days after
a demand for the report is sent to the employer by mail or electronic transmission. A late
fee assessed an employer may not be canceled more than twice each 12 months. The amount
of the late fee assessed may not be less than $250.
new text end
new text begin
(b) If the wage detail report is not received in a manner and format prescribed by the
commissioner within 30 calendar days after demand is sent under paragraph (a), the late
fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the
increased late fee will be sent to the employer by mail or electronic transmission.
new text end
new text begin
(c) Late fees due under this subdivision may be canceled, in whole or in part, under
section 268B.16.
new text end
new text begin Subd. 4. new text end
new text begin Missing or erroneous information. new text end
new text begin
(a) Any employer that submits the wage
detail report, but fails to include all required employee information or enters erroneous
information, is subject to an administrative service fee of $25 for each employee for whom
the information is partially missing or erroneous.
new text end
new text begin
(b) Any employer that submits the wage detail report, but fails to include an employee,
is subject to an administrative service fee equal to two percent of the total wages for each
employee for whom the information is completely missing.
new text end
new text begin Subd. 5. new text end
new text begin Fees. new text end
new text begin
The fees provided for in subdivisions 3 and 4 are in addition to interest
and other penalties imposed by this chapter and are collected in the same manner as
delinquent taxes and credited to the family and medical benefit insurance account.
new text end
Sec. 18.
new text begin
[268B.13] EMPLOYER PREMIUM ACCOUNTS.
new text end
new text begin
The commissioner must maintain a premium account for each employer. The
commissioner must assess the premium account for all the premiums due under section
268B.14, and credit the family and medical benefit insurance account with all premiums
paid.
new text end
Sec. 19.
new text begin
[268B.14] PREMIUMS.
new text end
new text begin Subdivision 1. new text end
new text begin Payments. new text end
new text begin
(a) Family and medical leave premiums accrue and become
payable by each employer for each calendar year on the taxable wages that the employer
paid to employees in covered employment.
new text end
new text begin
Each employer must pay premiums quarterly, at the premium rate defined under this
section, on the taxable wages paid to each employee. The commissioner must compute the
premium due from the wage detail report required under section 268B.12 and notify the
employer of the premium due. The premiums must be paid to the family and medical benefit
insurance account and must be received by the department on or before the last day of the
month following the end of the calendar quarter.
new text end
new text begin
(b) If for any reason the wages on the wage detail report under section 268B.12 are
adjusted for any quarter, the commissioner must recompute the premiums due for that quarter
and assess the employer for any amount due or credit the employer as appropriate.
new text end
new text begin Subd. 2. new text end
new text begin Payments by electronic payment required. new text end
new text begin
(a) Every employer must make
any payments due under this chapter by electronic payment.
new text end
new text begin
(b) All third-party processors, paying on behalf of a client company, must make any
payments due under this chapter by electronic payment.
new text end
new text begin
(c) Regardless of paragraph (a) or (b), the commissioner has the discretion to accept
payment by other means.
new text end
new text begin Subd. 3. new text end
new text begin Employee charge back. new text end
new text begin
Notwithstanding section 177.24, subdivision 4, or
181.06, subdivision 1, employers and covered business entities may deduct up to 50 percent
of annual premiums paid under this section from employee wages. Such deductions for any
given employee must be in equal proportion to the premiums paid based on the wages of
that employee, and all employees of an employer must be subject to the same percentage
deduction. Deductions under this section must not cause an employee's wage, after the
deduction, to fall below the rate required to be paid to the worker by law, including any
applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or
other legal authority, whichever rate of pay is greater.
new text end
new text begin Subd. 4. new text end
new text begin Wages and payments subject to premium. new text end
new text begin
The maximum wages subject to
premium in a calendar year is equal to the maximum earnings in that year subject to the
FICA Old-Age, Survivors, and Disability Insurance tax.
new text end
new text begin Subd. 5. new text end
new text begin Annual premium rates. new text end
new text begin
The employer premium rates for the calendar year
beginning January 1, 2024, shall be as follows:
new text end
new text begin
(1) for employers participating in both family and medical benefit programs, 0.6 percent;
new text end
new text begin
(2) for an employer participating in only the medical benefit program and with an
approved private plan for the family benefit program, 0.486 percent; and
new text end
new text begin
(3) for an employer participating in only the family benefit program and with an approved
private plan for the medical benefit program, 0.114 percent.
new text end
new text begin Subd. 6. new text end
new text begin Premium rate adjustments. new text end
new text begin
(a) Beginning January 1, 2026, and each calendar
year thereafter, the commissioner must adjust the annual premium rates using the formula
in paragraph (b).
new text end
new text begin
(b) To calculate the employer rates for a calendar year, the commissioner must:
new text end
new text begin
(1) multiply 1.45 times the amount disbursed from the family and medical benefit
insurance account for the 52-week period ending September 30 of the prior year;
new text end
new text begin
(2) subtract the amount in the family and medical benefit insurance account on that
September 30 from the resulting figure;
new text end
new text begin
(3) divide the resulting figure by twice the total wages in covered employment of
employees of employers without approved private plans under section 268B.10 for either
the family or medical benefit program. For employers with an approved private plan for
either the medical benefit program or the family benefit program, but not both, count only
the proportion of wages in covered employment associated with the program for which the
employer does not have an approved private plan; and
new text end
new text begin
(4) round the resulting figure down to the nearest one-hundredth of one percent.
new text end
new text begin
(c) The commissioner must apportion the premium rate between the family and medical
benefit programs based on the relative proportion of expenditures for each program during
the preceding year.
new text end
new text begin Subd. 7. new text end
new text begin Deposit of premiums. new text end
new text begin
All premiums collected under this section must be
deposited into the family and medical benefit insurance account.
new text end
new text begin Subd. 8. new text end
new text begin Nonpayment of premiums by employer. new text end
new text begin
The failure of an employer to pay
premiums does not impact the right of an employee to benefits, or any other right, under
this chapter.
new text end
Sec. 20.
new text begin
[268B.145] INCOME TAX WITHHOLDING.
new text end
new text begin
If the Internal Revenue Service determines that benefits are subject to federal income
tax, and an applicant elects to have federal income tax deducted and withheld from the
applicant's benefits, the commissioner must deduct and withhold the amount specified in
the Internal Revenue Code in a manner consistent with state law.
new text end
Sec. 21.
new text begin
[268B.15] COLLECTION OF PREMIUMS.
new text end
new text begin Subdivision 1. new text end
new text begin Amount computed presumed correct. new text end
new text begin
Any amount due from an
employer, as computed by the commissioner, is presumed to be correctly determined and
assessed, and the burden is upon the employer to show its incorrectness. A statement by the
commissioner of the amount due is admissible in evidence in any court or administrative
proceeding and is prima facie evidence of the facts in the statement.
new text end
new text begin Subd. 2. new text end
new text begin Priority of payments. new text end
new text begin
(a) Any payment received from an employer must be
applied in the following order:
new text end
new text begin
(1) family and medical leave premiums under this chapter; then
new text end
new text begin
(2) interest on past due premiums; then
new text end
new text begin
(3) penalties, late fees, administrative service fees, and costs.
new text end
new text begin
(b) Paragraph (a) is the priority used for all payments received from an employer,
regardless of how the employer may designate the payment to be applied, except when:
new text end
new text begin
(1) there is an outstanding lien and the employer designates that the payment made
should be applied to satisfy the lien;
new text end
new text begin
(2) the payment is specifically designated by the employer to be applied to an outstanding
overpayment of benefits of an applicant;
new text end
new text begin
(3) a court or administrative order directs that the payment be applied to a specific
obligation;
new text end
new text begin
(4) a preexisting payment plan provides for the application of payment; or
new text end
new text begin
(5) the commissioner, under the compromise authority of section 268B.16, agrees to
apply the payment to a different priority.
new text end
new text begin Subd. 3. new text end
new text begin Estimating the premium due. new text end
new text begin
Only if an employer fails to make all necessary
records available for an audit under section 268B.21 and the commissioner has reason to
believe the employer has not reported all the required wages on the quarterly wage detail
reports, may the commissioner then estimate the amount of premium due and assess the
employer the estimated amount due.
new text end
new text begin Subd. 4. new text end
new text begin Costs. new text end
new text begin
(a) Any employer and any applicant subject to section 268B.185,
subdivision 2, that fails to pay any amount when due under this chapter is liable for any
filing fees, recording fees, sheriff fees, costs incurred by referral to any public or private
collection agency, or litigation costs, including attorney fees, incurred in the collection of
the amounts due.
new text end
new text begin
(b) If any tendered payment of any amount due is not honored when presented to a
financial institution for payment, any costs assessed the department by the financial institution
and a fee of $25 must be assessed to the person.
new text end
new text begin
(c) Costs and fees collected under this subdivision are credited to the enforcement account
under section 268B.185, subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin Interest on amounts past due. new text end
new text begin
If any amounts due from an employer under
this chapter are not received on the date due, the commissioner must assess interest on any
amount that remains unpaid. Interest is assessed at the rate of one percent per month or any
part of a month. Interest is not assessed on unpaid interest. Interest collected under this
subdivision is credited to the account.
new text end
new text begin Subd. 6. new text end
new text begin Interest on judgments. new text end
new text begin
Regardless of section 549.09, if a judgment is entered
upon any past due amounts from an employer under this chapter, the unpaid judgment bears
interest at the rate specified in subdivision 5 until the date of payment.
new text end
new text begin Subd. 7. new text end
new text begin Credit adjustments; refunds. new text end
new text begin
(a) If an employer makes an application for a
credit adjustment of any amount paid under this chapter within four years of the date that
the payment was due, in a manner and format prescribed by the commissioner, and the
commissioner determines that the payment or any portion thereof was erroneous, the
commissioner must make an adjustment and issue a credit without interest. If a credit cannot
be used, the commissioner must refund, without interest, the amount erroneously paid. The
commissioner, on the commissioner's own motion, may make a credit adjustment or refund
under this subdivision.
new text end
new text begin
(b) Any refund returned to the commissioner is considered unclaimed property under
chapter 345.
new text end
new text begin
(c) If a credit adjustment or refund is denied in whole or in part, a determination of denial
must be sent to the employer by mail or electronic transmission. The determination of denial
is final unless an employer files an appeal within 20 calendar days after sending. Proceedings
on the appeal are conducted in accordance with section 268B.08.
new text end
new text begin
(d) If an employer receives a credit adjustment or refund under this section, the employer
must determine the amount of any overpayment attributable to a deduction from employee
wages under section 268B.14, subdivision 3, and return any amount erroneously deducted
to each affected employee.
new text end
new text begin Subd. 8. new text end
new text begin Priorities under legal dissolutions or distributions. new text end
new text begin
In the event of any
distribution of an employer's assets according to an order of any court, including any
receivership, assignment for benefit of creditors, adjudicated insolvency, or similar
proceeding, premiums then or thereafter due must be paid in full before all other claims
except claims for wages of not more than $1,000 per former employee, earned within six
months of the commencement of the proceedings. In the event of an employer's adjudication
in bankruptcy under federal law, premiums then or thereafter due are entitled to the priority
provided in that law for taxes due in any state.
new text end
Sec. 22.
new text begin
[268B.155] CHILD SUPPORT DEDUCTION FROM BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "child support agency" means the public agency responsible for child support
enforcement, including federally approved comprehensive Tribal IV-D programs; and
new text end
new text begin
(2) "child support obligations" means obligations that are being enforced by a child
support agency in accordance with a plan described in United States Code, title 42, sections
454 and 455 of the Social Security Act that has been approved by the secretary of health
and human services under part D of title IV of the Social Security Act. This does not include
any type of spousal maintenance or foster care payments.
new text end
new text begin Subd. 2. new text end
new text begin Notice upon application. new text end
new text begin
In an application for family or medical leave benefits,
the applicant must disclose if child support obligations are owed and, if so, in what state
and county. If child support obligations are owed, the commissioner must, if the applicant
establishes a benefit account, notify the child support agency.
new text end
new text begin Subd. 3. new text end
new text begin Withholding of benefit. new text end
new text begin
The commissioner must deduct and withhold from
any family or medical leave benefits payable to an applicant who owes child support
obligations:
new text end
new text begin
(1) the amount required under a proper order of a court or administrative agency; or
new text end
new text begin
(2) if clause (1) is not applicable, the amount determined under an agreement under
United States Code, title 42, section 454 (20)(B)(i), of the Social Security Act; or
new text end
new text begin
(3) if clause (1) or (2) is not applicable, the amount specified by the applicant.
new text end
new text begin Subd. 4. new text end
new text begin Payment. new text end
new text begin
Any amount deducted and withheld must be paid to the child support
agency, must for all purposes be treated as if it were paid to the applicant as family or
medical leave benefits and paid by the applicant to the child support agency in satisfaction
of the applicant's child support obligations.
new text end
new text begin Subd. 5. new text end
new text begin Payment of costs. new text end
new text begin
The child support agency must pay the costs incurred by
the commissioner in the implementation and administration of this section and sections
518A.50 and 518A.53.
new text end
Sec. 23.
new text begin
[268B.16] COMPROMISE.
new text end
new text begin
(a) The commissioner may compromise in whole or in part any action, determination,
or decision that affects only an employer and not an applicant. This paragraph applies if it
is determined by a court of law, or a confession of judgment, that an applicant, while
employed, wrongfully took from the employer $500 or more in money or property.
new text end
new text begin
(b) The commissioner may at any time compromise any premium or reimbursement due
from an employer under this chapter.
new text end
new text begin
(c) Any compromise involving an amount over $10,000 must be authorized by an attorney
licensed to practice law in Minnesota who is an employee of the department designated by
the commissioner for that purpose.
new text end
new text begin
(d) Any compromise must be in the best interest of the state of Minnesota.
new text end
Sec. 24.
new text begin
[268B.17] ADMINISTRATIVE COSTS.
new text end
new text begin
From January 1, 2024, through December 31, 2024, the commissioner may spend up to
seven percent of premiums collected under section 268B.15 for administration of this chapter.
Beginning January 1, 2025, and each calendar year thereafter, the commissioner may spend
up to seven percent of projected benefit payments for that calendar year for the administration
of this chapter. The department may enter into interagency agreements with the Department
of Labor and Industry, including agreements to transfer funds, subject to the limit in this
section, for the Department of Labor and Industry to fulfill its enforcement authority of this
chapter.
new text end
Sec. 25.
new text begin
[268B.18] PUBLIC OUTREACH.
new text end
new text begin
Beginning January 1, 2024, the commissioner must use at least 0.5 percent of revenue
collected under this chapter for the purpose of outreach, education, and technical assistance
for employees, employers, and self-employed individuals eligible to elect coverage under
section 268B.11. The department may enter into interagency agreements with the Department
of Labor and Industry, including agreements to transfer funds, subject to the limit in section
268B.17, to accomplish the requirements of this section. At least one-half of the amount
spent under this section must be used for grants to community-based groups.
new text end
Sec. 26.
new text begin
[268B.185] BENEFIT OVERPAYMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Repaying an overpayment. new text end
new text begin
(a) Any applicant who (1) because of a
determination or amended determination issued under this chapter, or (2) because of a
benefit law judge's decision under section 268B.08, has received any family or medical
leave benefits that the applicant was held not entitled to, is overpaid the benefits and must
promptly repay the benefits to the family and medical benefit insurance account.
new text end
new text begin
(b) If the applicant fails to repay the benefits overpaid, including any penalty and interest
assessed under subdivisions 2 and 4, the total due may be collected by the methods allowed
under state and federal law.
new text end
new text begin Subd. 2. new text end
new text begin Overpayment because of misrepresentation. new text end
new text begin
(a) An applicant has committed
misrepresentation if the applicant is overpaid benefits by making a false statement or
representation without a good faith belief as to the correctness of the statement or
representation.
new text end
new text begin
(b) After the discovery of facts indicating misrepresentation, the commissioner must
issue a determination of overpayment penalty assessing a penalty equal to 20 percent of the
amount overpaid. This penalty is in addition to penalties under section 268B.19.
new text end
new text begin
(c) Unless the applicant files an appeal within 30 calendar days after the sending of a
determination of overpayment penalty to the applicant by mail or electronic transmission,
or within 60 calendar days, if the applicant establishes good cause for not appealing within
30 days, the determination is final. For the purposes of this paragraph, "good cause" means
a reason that would have prevented an applicant from acting with due diligence in appealing
within 30 days and includes any illness, disability, or linguistic and literacy limitation of
the applicant, along with other relevant factors. If an applicant claims good cause for a late
appeal, the applicant must be granted a hearing on the issue of timeliness. This hearing can
be held at the same time as a hearing on the merits of the appeal. Proceedings on the appeal
are conducted in accordance with section 268B.08.
new text end
new text begin
(d) A determination of overpayment penalty must state the methods of collection the
commissioner may use to recover the overpayment, penalty, and interest assessed. Money
received in repayment of overpaid benefits, penalties, and interest is first applied to the
benefits overpaid, second to the penalty amount due, and third to any interest due.
new text end
new text begin
(e) The department is authorized to issue a determination of overpayment penalty under
this subdivision within 48 months of the establishment of the benefit account upon which
the benefits were obtained through misrepresentation.
new text end
new text begin Subd. 3. new text end
new text begin Family and medical benefit insurance enforcement account created. new text end
new text begin
The
family and medical benefit insurance enforcement account is created in the state treasury.
Any penalties and interest collected under this section shall be deposited into the account
under this subdivision and shall be used only for the purposes of administering and enforcing
this chapter. Only the commissioner may authorize expenditures from the account under
this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Interest. new text end
new text begin
For any family and medical leave benefits obtained by
misrepresentation, and any penalty amounts assessed under subdivision 2, the commissioner
must assess interest on any amount that remains unpaid beginning 30 calendar days after
the date of a determination of overpayment penalty. Interest is assessed at the rate of one
percent per month or any part of a month. A determination of overpayment penalty must
state that interest will be assessed. Interest is not assessed on unpaid interest. Interest collected
under this subdivision is credited to the family and medical benefit insurance enforcement
account.
new text end
new text begin Subd. 5. new text end
new text begin Offset of benefits. new text end
new text begin
The commissioner may offset from any future family and
medical leave benefits otherwise payable the amount of a nonmisrepresentation overpayment.
Except when the nonmisrepresentation overpayment resulted because the applicant failed
to report deductible earnings or deductible or benefit delaying payments, no single offset
may exceed 50 percent of the amount of the payment from which the offset is made.
new text end
new text begin Subd. 6. new text end
new text begin Cancellation of overpayments. new text end
new text begin
(a) If family and medical leave benefits overpaid
for reasons other than misrepresentation are not repaid or offset from subsequent benefits
within six years after the date of the determination or decision holding the applicant overpaid,
the commissioner must cancel the overpayment balance, and no administrative or legal
proceedings may be used to enforce collection of those amounts.
new text end
new text begin
(b) If family and medical leave benefits overpaid because of misrepresentation including
penalties and interest are not repaid within ten years after the date of the determination of
overpayment penalty, the commissioner must cancel the overpayment balance and any
penalties and interest due, and no administrative or legal proceeding may be used to enforce
collection of those amounts.
new text end
new text begin
(c) The commissioner may cancel at any time any overpayment, including penalties and
interest that the commissioner determines is uncollectible because of death or bankruptcy.
new text end
new text begin Subd. 7. new text end
new text begin Court fees; collection fees. new text end
new text begin
(a) If the department is required to pay any court
fees in an attempt to enforce collection of overpaid family and medical leave benefits,
penalties, or interest, the amount of the court fees may be added to the total amount due.
new text end
new text begin
(b) If an applicant who has been overpaid family and medical leave benefits because of
misrepresentation seeks to have any portion of the debt discharged under the federal
bankruptcy code, and the department files an objection in bankruptcy court to the discharge,
the cost of any court fees may be added to the debt if the bankruptcy court does not discharge
the debt.
new text end
new text begin
(c) If the Internal Revenue Service assesses the department a fee for offsetting from a
federal tax refund the amount of any overpayment, including penalties and interest, the
amount of the fee may be added to the total amount due. The offset amount must be put in
the family and medical benefit insurance enforcement account and that amount credited to
the total amount due from the applicant.
new text end
new text begin Subd. 8. new text end
new text begin Collection of overpayments. new text end
new text begin
(a) The commissioner has discretion regarding
the recovery of any overpayment for reasons other than misrepresentation. Regardless of
any law to the contrary, the commissioner is not required to refer any overpayment for
reasons other than misrepresentation to a public or private collection agency, including
agencies of this state.
new text end
new text begin
(b) Amounts overpaid for reasons other than misrepresentation are not considered a
"debt" to the state of Minnesota for purposes of any reporting requirements to the
commissioner of management and budget.
new text end
new text begin
(c) A pending appeal under section 268B.08 does not suspend the assessment of interest,
penalties, or collection of an overpayment.
new text end
new text begin
(d) Section 16A.626 applies to the repayment by an applicant of any overpayment,
penalty, or interest.
new text end
Sec. 27.
new text begin
[268B.19] APPLICANT ADMINISTRATIVE PENALTIES.
new text end
new text begin
(a) Any applicant who makes a false statement or representation without a good faith
belief as to the correctness of the statement or representation in order to obtain or in an
attempt to obtain benefits may be assessed, in addition to any other penalties, an
administrative penalty of being ineligible for benefits for 13 to 104 weeks.
new text end
new text begin
(b) A determination of ineligibility setting out the weeks the applicant is ineligible must
be sent to the applicant by mail or electronic transmission. The department is authorized to
issue a determination of ineligibility under this subdivision within 48 months of the
establishment of the benefit account upon which the benefits were obtained, or attempted
to be obtained. Unless an appeal is filed within 20 calendar days of sending, the determination
is final. Proceedings on the appeal are conducted in accordance with section 268B.08.
new text end
Sec. 28.
new text begin
[268B.20] EMPLOYER MISCONDUCT; PENALTY.
new text end
new text begin
(a) The commissioner must penalize an employer if that employer or any employee,
officer, or agent of that employer is in collusion with any applicant for the purpose of
assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount
of benefits determined to be overpaid, whichever is greater.
new text end
new text begin
(b) The commissioner must penalize an employer if that employer or any employee,
officer, or agent of that employer:
new text end
new text begin
(1) made a false statement or representation knowing it to be false;
new text end
new text begin
(2) made a false statement or representation without a good-faith belief as to the
correctness of the statement or representation; or
new text end
new text begin
(3) knowingly failed to disclose a material fact.
new text end
new text begin
(c) The penalty is the greater of $500 or 50 percent of the following resulting from the
employer's action:
new text end
new text begin
(1) the amount of any overpaid benefits to an applicant;
new text end
new text begin
(2) the amount of benefits not paid to an applicant that would otherwise have been paid;
or
new text end
new text begin
(3) the amount of any payment required from the employer under this chapter that was
not paid.
new text end
new text begin
(d) Penalties must be paid within 30 calendar days of issuance of the determination of
penalty and credited to the family and medical benefit insurance account.
new text end
new text begin
(e) The determination of penalty is final unless the employer files an appeal within 30
calendar days after the sending of the determination of penalty to the employer by United
States mail or electronic transmission.
new text end
Sec. 29.
new text begin
[268B.21] RECORDS; AUDITS.
new text end
new text begin Subdivision 1. new text end
new text begin Employer records; audits. new text end
new text begin
(a) Each employer must keep true and accurate
records on individuals performing services for the employer, containing the information
the commissioner may require under this chapter. The records must be kept for a period of
not less than four years in addition to the current calendar year.
new text end
new text begin
(b) For the purpose of administering this chapter, the commissioner has the power to
audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
records, or memoranda that are the property of, or in the possession of, an employer or any
other person at any reasonable time and as often as may be necessary. Subpoenas may be
issued under section 268B.22 as necessary, for an audit.
new text end
new text begin
(c) An employer or other person that refuses to allow an audit of its records by the
department or that fails to make all necessary records available for audit in the state upon
request of the commissioner may be assessed an administrative penalty of $500. The penalty
collected is credited to the family and medical benefit insurance account.
new text end
new text begin
(d) An employer, or other person, that fails to provide a weekly breakdown of money
earned by an applicant upon request of the commissioner, information necessary for the
detection of applicant misrepresentation under section 268B.185, subdivision 2, may be
assessed an administrative penalty of $100. Any notice requesting a weekly breakdown
must clearly state that a $100 penalty may be assessed for failure to provide the information.
The penalty collected is credited to the family and medical benefit insurance account.
new text end
new text begin Subd. 2. new text end
new text begin Department records; destruction. new text end
new text begin
(a) The commissioner may make summaries,
compilations, duplications, or reproductions of any records pertaining to this chapter that
the commissioner considers advisable for the preservation of the information.
new text end
new text begin
(b) Regardless of any law to the contrary, the commissioner may destroy any records
that are no longer necessary for the administration of this chapter. In addition, the
commissioner may destroy any record from which the information has been electronically
captured and stored.
new text end
Sec. 30.
new text begin
[268B.22] SUBPOENAS; OATHS.
new text end
new text begin
(a) The commissioner or benefit judge has authority to administer oaths and affirmations,
take depositions, certify to official acts, and issue subpoenas to compel the attendance of
individuals and the production of documents and other personal property necessary in
connection with the administration of this chapter.
new text end
new text begin
(b) Individuals subpoenaed, other than applicants or officers and employees of an
employer that is the subject of the inquiry, are paid witness fees the same as witness fees
in civil actions in district court. The fees need not be paid in advance.
new text end
new text begin
(c) The subpoena is enforceable through the district court in Ramsey County.
new text end
Sec. 31.
new text begin
[268B.23] LIEN; LEVY; SETOFF; AND CIVIL ACTION.
new text end
new text begin Subdivision 1. new text end
new text begin Lien. new text end
new text begin
(a) Any amount due under this chapter, from an applicant or an
employer, becomes a lien upon all the property, within this state, both real and personal, of
the person liable, from the date of assessment. For the purposes of this section, "date of
assessment" means the date the obligation was due.
new text end
new text begin
(b) The lien is not enforceable against any purchaser, mortgagee, pledgee, holder of a
Uniform Commercial Code security interest, mechanic's lien, or judgment lien creditor,
until a notice of lien has been filed with the county recorder of the county where the property
is situated, or in the case of personal property belonging to a nonresident person in the Office
of the Secretary of State. When the notice of lien is filed with the county recorder, the fee
for filing and indexing is as provided in sections 272.483 and 272.484.
new text end
new text begin
(c) Notices of liens, lien renewals, and lien releases, in a form prescribed by the
commissioner, may be filed with the county recorder or the secretary of state by mail,
personal delivery, or electronic transmission into the computerized filing system of the
secretary of state. The secretary of state must, on any notice filed with that office, transmit
the notice electronically to the appropriate county recorder. The filing officer, whether the
county recorder or the secretary of state, must endorse and index a printout of the notice as
if the notice had been mailed or delivered.
new text end
new text begin
(d) County recorders and the secretary of state must enter information on lien notices,
renewals, and releases into the central database of the secretary of state. For notices filed
electronically with the county recorders, the date and time of receipt of the notice and county
recorder's file number, and for notices filed electronically with the secretary of state, the
secretary of state's recording information, must be entered into the central database before
the close of the working day following the day of the original data entry by the commissioner.
new text end
new text begin
(e) The lien imposed on personal property, even though properly filed, is not enforceable
against a purchaser of tangible personal property purchased at retail or personal property
listed as exempt in sections 550.37, 550.38, and 550.39.
new text end
new text begin
(f) A notice of lien filed has priority over any security interest arising under chapter 336,
article 9, that is perfected prior in time to the lien imposed by this subdivision, but only if:
new text end
new text begin
(1) the perfected security interest secures property not in existence at the time the notice
of lien is filed; and
new text end
new text begin
(2) the property comes into existence after the 45th calendar day following the day the
notice of lien is filed, or after the secured party has actual notice or knowledge of the lien
filing, whichever is earlier.
new text end
new text begin
(g) The lien is enforceable from the time the lien arises and for ten years from the date
of filing the notice of lien. A notice of lien may be renewed before expiration for an additional
ten years.
new text end
new text begin
(h) The lien is enforceable by levy under subdivision 2 or by judgment lien foreclosure
under chapter 550.
new text end
new text begin
(i) The lien may be imposed upon property defined as homestead property in chapter
510 but may be enforced only upon the sale, transfer, or conveyance of the homestead
property.
new text end
new text begin
(j) The commissioner may sell and assign to a third party the commissioner's right of
redemption in specific real property for liens filed under this subdivision. The assignee is
limited to the same rights of redemption as the commissioner, except that in a bankruptcy
proceeding, the assignee does not obtain the commissioner's priority. Any proceeds from
the sale of the right of redemption are credited to the family and medical benefit insurance
account.
new text end
new text begin Subd. 2. new text end
new text begin Levy. new text end
new text begin
(a) If any amount due under this chapter, from an applicant or an employer,
is not paid when due, the amount may be collected by the commissioner by direct levy upon
all property and rights of property of the person liable for the amount due except property
exempt from execution under section 550.37. For the purposes of this section, "levy" includes
the power of distraint and seizure by any means.
new text end
new text begin
(b) In addition to a direct levy, the commissioner may issue a warrant to the sheriff of
any county who must proceed within 60 calendar days to levy upon the property or rights
to property of the delinquent person within the county, except property exempt under section
550.37. The sheriff must sell that property necessary to satisfy the total amount due, together
with the commissioner's and sheriff's costs. The sales are governed by the law applicable
to sales of like property on execution of a judgment.
new text end
new text begin
(c) Notice and demand for payment of the total amount due must be mailed to the
delinquent person at least ten calendar days before action being taken under paragraphs (a)
and (b).
new text end
new text begin
(d) If the commissioner has reason to believe that collection of the amount due is in
jeopardy, notice and demand for immediate payment may be made. If the total amount due
is not paid, the commissioner may proceed to collect by direct levy or issue a warrant without
regard to the ten calendar day period.
new text end
new text begin
(e) In executing the levy, the commissioner must have all of the powers provided in
chapter 550 or any other law that provides for execution against property in this state. The
sale of property levied upon and the time and manner of redemption is as provided in chapter
550. The seal of the court is not required. The levy may be made whether or not the
commissioner has commenced a legal action for collection.
new text end
new text begin
(f) Where any assessment has been made by the commissioner, the property seized for
collection of the total amount due must not be sold until any determination of liability has
become final. No sale may be made unless a portion of the amount due remains unpaid for
a period of more than 30 calendar days after the determination of liability becomes final.
Seized property may be sold at any time if:
new text end
new text begin
(1) the delinquent person consents in writing to the sale; or
new text end
new text begin
(2) the commissioner determines that the property is perishable or may become greatly
reduced in price or value by keeping, or that the property cannot be kept without great
expense.
new text end
new text begin
(g) Where a levy has been made to collect the amount due and the property seized is
properly included in a formal proceeding commenced under sections 524.3-401 to 524.3-505
and maintained under full supervision of the court, the property may not be sold until the
probate proceedings are completed or until the court orders.
new text end
new text begin
(h) The property seized must be returned if the owner:
new text end
new text begin
(1) gives a surety bond equal to the appraised value of the owner's interest in the property,
as determined by the commissioner; or
new text end
new text begin
(2) deposits with the commissioner security in a form and amount the commissioner
considers necessary to insure payment of the liability.
new text end
new text begin
(i) If a levy or sale would irreparably injure rights in property that the court determines
superior to rights of the state, the court may grant an injunction to prohibit the enforcement
of the levy or to prohibit the sale.
new text end
new text begin
(j) Any person who fails or refuses to surrender without reasonable cause any property
or rights to property subject to levy is personally liable in an amount equal to the value of
the property or rights not so surrendered, but not exceeding the amount due.
new text end
new text begin
(k) If the commissioner has seized the property of any individual, that individual may,
upon giving 48 hours notice to the commissioner and to the court, bring a claim for equitable
relief before the district court for the release of the property upon terms and conditions the
court considers equitable.
new text end
new text begin
(l) Any person in control or possession of property or rights to property upon which a
levy has been made who surrenders the property or rights to property, or who pays the
amount due is discharged from any obligation or liability to the person liable for the amount
due with respect to the property or rights to property.
new text end
new text begin
(m) The notice of any levy may be served personally or by mail.
new text end
new text begin
(n) The commissioner may release the levy upon all or part of the property or rights to
property levied upon if the commissioner determines that the release will facilitate the
collection of the liability, but the release does not prevent any subsequent levy. If the
commissioner determines that property has been wrongfully levied upon, the commissioner
must return:
new text end
new text begin
(1) the specific property levied upon, at any time; or
new text end
new text begin
(2) an amount of money equal to the amount of money levied upon, at any time before
the expiration of nine months from the date of levy.
new text end
new text begin
(o) Regardless of section 52.12, a levy upon a person's funds on deposit in a financial
institution located in this state, has priority over any unexercised right of setoff of the
financial institution to apply the levied funds toward the balance of an outstanding loan or
loans owed by the person to the financial institution. A claim by the financial institution
that it exercised its right to setoff before the levy must be substantiated by evidence of the
date of the setoff, and verified by an affidavit from a corporate officer of the financial
institution. For purposes of determining the priority of any levy under this subdivision, the
levy is treated as if it were an execution under chapter 550.
new text end
new text begin Subd. 3. new text end
new text begin Right of setoff. new text end
new text begin
(a) Upon certification by the commissioner to the commissioner
of management and budget, or to any state agency that disburses its own funds, that a person,
applicant, or employer has a liability under this chapter, and that the state has purchased
personal services, supplies, contract services, or property from that person, the commissioner
of management and budget or the state agency must set off and pay to the commissioner an
amount sufficient to satisfy the unpaid liability from funds appropriated for payment of the
obligation of the state otherwise due the person. No amount may be set off from any funds
exempt under section 550.37 or funds due an individual who receives assistance under
chapter 256.
new text end
new text begin
(b) All funds, whether general or dedicated, are subject to setoff.
new text end
new text begin
(c) Regardless of any law to the contrary, the commissioner has first priority to setoff
from any funds otherwise due from the department to a delinquent person.
new text end
new text begin Subd. 4. new text end
new text begin Collection by civil action. new text end
new text begin
(a) Any amount due under this chapter, from an
applicant or employer, may be collected by civil action in the name of the state of Minnesota.
Civil actions brought under this subdivision must be heard as provided under section 16D.14.
In any action, judgment must be entered in default for the relief demanded in the complaint
without proof, together with costs and disbursements, upon the filing of an affidavit of
default.
new text end
new text begin
(b) Any person that is not a resident of this state and any resident person removed from
this state, is considered to appoint the secretary of state as its agent for the acceptance of
process in any civil action. The commissioner must file process with the secretary of state,
together with a payment of a fee of $15 and that service is considered sufficient service and
has the same force and validity as if served personally within this state. Notice of the service
of process, together with a copy of the process, must be sent by certified mail to the person's
last known address. An affidavit of compliance with this subdivision, and a copy of the
notice of service must be appended to the original of the process and filed in the court.
new text end
new text begin
(c) No court filing fees, docketing fees, or release of judgment fees may be assessed
against the state for actions under this subdivision.
new text end
new text begin Subd. 5. new text end
new text begin Injunction forbidden. new text end
new text begin
No injunction or other legal action to prevent the
determination, assessment, or collection of any amounts due under this chapter, from an
applicant or employer, are allowed.
new text end
Sec. 32.
new text begin
[268B.24] CONCILIATION SERVICES.
new text end
new text begin
The Department of Labor and Industry may offer conciliation services to employers and
employees to resolve disputes concerning alleged violations of employment protections
identified in section 268B.09.
new text end
Sec. 33.
new text begin
[268B.25] ANNUAL REPORTS.
new text end
new text begin
(a) Beginning on or before December 1, 2024, the commissioner must annually report
to the Department of Management and Budget and the house of representatives and senate
committee chairs with jurisdiction over this chapter on program administrative expenditures
and revenue collection for the prior fiscal year, including but not limited to:
new text end
new text begin
(1) total revenue raised through premium collection;
new text end
new text begin
(2) the number of self-employed individuals or independent contractors electing coverage
under section 268B.11 and amount of associated revenue;
new text end
new text begin
(3) the number of covered business entities paying premiums under this chapter and
associated revenue;
new text end
new text begin
(4) administrative expenditures including transfers to other state agencies expended in
the administration of the chapter;
new text end
new text begin
(5) summary of contracted services expended in the administration of this chapter;
new text end
new text begin
(6) grant amounts and recipients under sections 268B.29 and 268B.18;
new text end
new text begin
(7) an accounting of required outreach expenditures;
new text end
new text begin
(8) summary of private plan approvals including the number of employers and employees
covered under private plans; and
new text end
new text begin
(9) adequacy and use of the private plan approval and oversight fee.
new text end
new text begin
(b) Beginning on or before December 1, 2025, the commissioner must annually publish
a publicly available report providing the following information for the previous fiscal year:
new text end
new text begin
(1) total eligible claims;
new text end
new text begin
(2) the number and percentage of claims attributable to each category of benefit;
new text end
new text begin
(3) claimant demographics by age, gender, average weekly wage, occupation, and the
type of leave taken;
new text end
new text begin
(4) the percentage of claims denied and the reasons therefor, including but not limited
to insufficient information and ineligibility and the reason therefor;
new text end
new text begin
(5) average weekly benefit amount paid for all claims and by category of benefit;
new text end
new text begin
(6) changes in the benefits paid compared to previous fiscal years;
new text end
new text begin
(7) processing times for initial claims processing, initial determinations, and final
decisions;
new text end
new text begin
(8) average duration for cases completed; and
new text end
new text begin
(9) the number of cases remaining open at the close of such year.
new text end
Sec. 34.
new text begin
[268B.26] NOTICE REQUIREMENTS.
new text end
new text begin
(a) Each employer must post in a conspicuous place on each of its premises a workplace
notice prepared or approved by the commissioner providing notice of benefits available
under this chapter. The required workplace notice must be in English and each language
other than English which is the primary language of five or more employees or independent
contractors of that workplace, if such notice is available from the department.
new text end
new text begin
(b) Each employer must issue to each employee not more than 30 days from the beginning
date of the employee's employment, or 30 days before premium collection begins, whichever
is later, the following written information provided or approved by the department in the
primary language of the employee:
new text end
new text begin
(1) an explanation of the availability of family and medical leave benefits provided under
this chapter, including rights to reinstatement and continuation of health insurance;
new text end
new text begin
(2) the amount of premium deductions made by the employer under this chapter;
new text end
new text begin
(3) the employer's premium amount and obligations under this chapter;
new text end
new text begin
(4) the name and mailing address of the employer;
new text end
new text begin
(5) the identification number assigned to the employer by the department;
new text end
new text begin
(6) instructions on how to file a claim for family and medical leave benefits;
new text end
new text begin
(7) the mailing address, e-mail address, and telephone number of the department; and
new text end
new text begin
(8) any other information required by the department.
new text end
new text begin
Delivery is made when an employee provides written acknowledgment of receipt of the
information, or signs a statement indicating the employee's refusal to sign such
acknowledgment.
new text end
new text begin
(c) Each employer shall provide to each independent contractor with whom it contracts,
at the time such contract is made or, for existing contracts, within 30 days of the effective
date of this section, the following written information provided or approved by the department
in the self-employed individual's primary language:
new text end
new text begin
(1) the address and telephone number of the department; and
new text end
new text begin
(2) any other information required by the department.
new text end
new text begin
(d) An employer that fails to comply with this subdivision may be issued, for a first
violation, a civil penalty of $50 per employee and per independent contractor with whom
it has contracted, and for each subsequent violation, a civil penalty of $300 per employee
or self-employed individual with whom it has contracted. The employer shall have the
burden of demonstrating compliance with this section.
new text end
new text begin
(e) Employer notice to an employee under this section may be provided in paper or
electronic format. For notice provided in electronic format only, the employer must provide
employee access to an employer-owned computer during an employee's regular working
hours to review and print required notices.
new text end
Sec. 35.
new text begin
[268B.27] RELATIONSHIP TO OTHER LEAVE; CONSTRUCTION.
new text end
new text begin Subdivision 1. new text end
new text begin Concurrent leave. new text end
new text begin
An employer may require leave taken under this
chapter to run concurrently with leave taken for the same purpose under section 181.941
or the Family and Medical Leave Act, United States Code, title 29, sections 2601 to 2654,
as amended.
new text end
new text begin Subd. 2. new text end
new text begin Construction. new text end
new text begin
Nothing in this chapter shall be construed to:
new text end
new text begin
(1) allow an employer to compel an employee to exhaust accumulated sick, vacation,
or personal time before or while taking leave under this chapter;
new text end
new text begin
(2) except as provided under section 268B.01, subdivision 37, prohibit an employer
from providing additional benefits, including but not limited to covering the portion of
earnings not provided under this chapter during periods of leave covered under this chapter;
or
new text end
new text begin
(3) limit the parties to a collective bargaining agreement from bargaining and agreeing
with respect to leave benefits and related procedures and employee protections that meet
or exceed, and do not otherwise conflict with, the minimum standards and requirements in
this chapter.
new text end
Sec. 36.
new text begin
[268B.28] SEVERABLE.
new text end
new text begin
If the United States Department of Labor or a court of competent jurisdiction determines
that any provision of the family and medical benefit insurance program under this chapter
is not in conformity with, or is inconsistent with, the requirements of federal law, the
provision has no force or effect. If only a portion of the provision, or the application to any
person or circumstances, is determined not in conformity, or determined inconsistent, the
remainder of the provision and the application of the provision to other persons or
circumstances are not affected.
new text end
Sec. 37.
new text begin
[268B.29] SMALL BUSINESS ASSISTANCE GRANTS.
new text end
new text begin
(a) Employers with 50 or fewer employees may apply to the department for grants under
this section.
new text end
new text begin
(b) The commissioner may approve a grant of up to $3,000 if the employer hires a
temporary worker to replace an employee on family or medical leave for a period of seven
days or more.
new text end
new text begin
(c) For an employee's family or medical leave, the commissioner may approve a grant
of up to $1,000 as reimbursement for significant additional wage-related costs due to the
employee's leave.
new text end
new text begin
(d) To be eligible for consideration for a grant under this section, the employer must
provide the department written documentation showing the temporary worker hired or
significant wage-related costs incurred are due to an employee's use of leave under this
chapter.
new text end
new text begin
(e) The grants under this section may be funded from the family and medical benefit
insurance account.
new text end
new text begin
(f) For the purposes of this section, the commissioner shall average the number of
employees reported by an employer over the last four completed calendar quarters to
determine the size of the employer.
new text end
new text begin
(g) An employer who has an approved private plan is not eligible to receive a grant under
this section.
new text end
new text begin
(h) The commissioner may award grants under this section only up to a maximum of
$5,000,000 per calendar year.
new text end
Sec. 38. new text begin EFFECTIVE DATES.
new text end
new text begin
(a) Sections 1, 4, 5, 6, and 36 are effective July 1, 2022.
new text end
new text begin
(b) Section 15 is effective July 1, 2023.
new text end
new text begin
(c) Section 34 is effective December 1, 2023.
new text end
new text begin
(d) Sections 2, 3, 16 to 19, 21, 23 to 25, 28 to 31, and 33 are effective January 1, 2024.
new text end
new text begin
(e) Sections 7 to 14, 20, 22, 26 to 27, 32, 35, and 37 are effective January 1, 2025.
new text end
ARTICLE 4
FAMILY AND MEDICAL LEAVE BENEFIT AS EARNINGS
Section 1.
Minnesota Statutes 2020, section 256J.561, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Parents receiving family and medical leave benefits. new text end
new text begin
A parent who meets
the criteria under subdivision 2 and who receives benefits under chapter 268B is not required
to participate in employment services.
new text end
Sec. 2.
Minnesota Statutes 2020, section 256J.95, subdivision 3, is amended to read:
Subd. 3.
Eligibility for diversionary work program.
(a) Except for the categories of
family units listed in clauses (1) to (8), all family units who apply for cash benefits and who
meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must
participate in the diversionary work program. Family units or individuals that are not eligible
for the diversionary work program include:
(1) child only cases;
(2) single-parent family units that include a child under 12 months of age. A parent is
eligible for this exception once in a parent's lifetime;
(3) family units with a minor parent without a high school diploma or its equivalent;
(4) family units with an 18- or 19-year-old caregiver without a high school diploma or
its equivalent who chooses to have an employment plan with an education option;
(5) family units with a caregiver who received DWP benefits within the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);
(6) family units with a caregiver who received MFIP within the 12 months prior to the
month the family applied for DWP;
(7) family units with a caregiver who received 60 or more months of TANF assistance;
deleted text begin and
deleted text end
(8) family units with a caregiver who is disqualified from the work participation cash
benefit program, DWP, or MFIP due to frauddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) single-parent family units where a parent is receiving family and medical leave
benefits under chapter 268B.
new text end
(b) A two-parent family must participate in DWP unless both caregivers meet the criteria
for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a
parent who meets the criteria in paragraph (a), clause (6), (7), or (8).
(c) Once DWP eligibility is determined, the four months run consecutively. If a participant
leaves the program for any reason and reapplies during the four-month period, the county
must redetermine eligibility for DWP.
Sec. 3.
Minnesota Statutes 2020, section 256J.95, subdivision 11, is amended to read:
Subd. 11.
Universal participation required.
(a) All DWP caregivers, except caregivers
who meet the criteria in paragraph (d), are required to participate in DWP employment
services. Except as specified in paragraphs (b) and (c), employment plans under DWP must,
at a minimum, meet the requirements in section 256J.55, subdivision 1.
(b) A caregiver who is a member of a two-parent family that is required to participate
in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed
to develop an employment plan under section 256J.521, subdivision 2, that may contain
alternate activities and reduced hours.
(c) A participant who is a victim of family violence shall be allowed to develop an
employment plan under section 256J.521, subdivision 3. A claim of family violence must
be documented by the applicant or participant by providing a sworn statement which is
supported by collateral documentation in section 256J.545, paragraph (b).
(d) One parent in a two-parent family unit deleted text begin that has a natural born child under 12 months
of agedeleted text end is not required to have an employment plan deleted text begin until the child reaches 12 months of age
unless the family unit has already used the exclusion under section 256J.561, subdivision
3, or the previously allowed child under age one exemption under section 256J.56, paragraph
(a), clause (5).deleted text end new text begin if that parent:
new text end
new text begin
(1) receives family and medical leave benefits under chapter 268B; or
new text end
new text begin
(2) has a natural born child under 12 months of age until the child reaches 12 months
of age unless the family unit has already used the exclusion under section 256J.561,
subdivision 3, or the previously allowed child under age one exemption under section
256J.56, paragraph (a), clause (5).
new text end
(e) The provision in paragraph (d) ends the first full month after the child reaches 12
months of age. This provision is allowable only once in a caregiver's lifetime. In a two-parent
household, only one parent shall be allowed to use this category.
(f) The participant and job counselor must meet in the month after the month the child
reaches 12 months of age to revise the participant's employment plan. The employment plan
for a family unit that has a child under 12 months of age that has already used the exclusion
in section 256J.561 must be tailored to recognize the caregiving needs of the parent.
Sec. 4.
Minnesota Statutes 2021 Supplement, section 256P.01, subdivision 3, is amended
to read:
Subd. 3.
Earned income.
"Earned income" means income earned through the receipt
of wages, salary, commissions, bonuses, tips, gratuities, profit from employment activities,
net profit from self-employment activities, payments made by an employer for regularly
accrued vacation or sick leave, severance pay based on accrued leave time, new text begin benefits paid
under chapter 268B, new text end royalties, honoraria, or other profit from activity that results from the
client's work, effort, or labor for purposes other than student financial assistance,
rehabilitation programs, student training programs, or service programs such as AmeriCorps.
The income must be in return for, or as a result of, legal activity.
Sec. 5. new text begin EFFECTIVE DATES.
new text end
new text begin
Sections 1 to 4 are effective January 1, 2025.
new text end
ARTICLE 5
LABOR AND INDUSTRY 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
10,332,000 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
7,117,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
-0- new text end |
new text begin
82,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
-0- new text end |
new text begin
3,133,000 new text end |
new text begin Subd. 2. new text end
new text begin
Labor Standards and Apprenticeship
|
new text begin
-0- new text end |
new text begin
5,996,000 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 Fund new text end |
new text begin
-0- new text end |
new text begin
2,863,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
-0- new text end |
new text begin
3,133,000 new text end |
new text begin
(a) $1,059,000 in fiscal year 2023 is from the
workforce development fund for labor
education and advancement program grants
under Minnesota Statutes, section 178.11, to
expand and promote registered apprenticeship
training for people of color, Indigenous
people, and women. Of this amount:
new text end
new text begin
(1) $159,000 is available for program
administration; and
new text end
new text begin
(2) at least $500,000 must be awarded to
community-based organizations.
new text end
new text begin
(b) $316,000 is from the workforce
development fund for administration of the
apprenticeship program under Minnesota
Statutes, chapter 178.
new text end
new text begin
(c) $1,758,000 in fiscal year 2023 is from the
workforce development fund for prevailing
wage education and compliance.
new text end
new text begin
(d) $196,000 in fiscal year 2023 is to expand
and strengthen fair labor standards for
agricultural and food processing workers. In
fiscal year 2024 and beyond, the base is
$146,000.
new text end
new text begin
(e) $500,000 in fiscal year 2023 is for the
loggers safety grant program under Laws
2021, First Special Session chapter 10, article
3, section 21. This is a onetime appropriation.
new text end
new text begin
(f) $200,000 in fiscal year 2023 is to establish
a Veterans Liaison Coordinator position in the
Registered Apprenticeship Division. The
position is responsible for collaborating with
Minnesota stakeholders and state and federal
agencies to: promote and increase veterans in
the trades; support initiatives for veterans
seeking a living wage and sustainable
employment; and increase awareness of
registered apprenticeship opportunities in
Minnesota. Of this amount, up to $150,000 is
for salary and benefits for the position, and
$50,000 is for administrative support services,
marketing, and paid communications. The
base for this appropriation is $180,000 in fiscal
year 2024 and $160,000 in fiscal year 2025.
new text end
new text begin
(g) $1,367,000 in fiscal year 2023 is for
enforcement and other duties regarding earned
sick and safe time under Minnesota Statutes,
sections 181.9445 to 181.9448, and chapter
177. In fiscal year 2024, the base for this
appropriation is $2,018,000. In fiscal year
2025, the base for this appropriation is
$1,708,000.
new text end
new text begin
(h) $300,000 in fiscal year 2023 is for earned
sick and safe time grants to community
organizations under Minnesota Statutes,
section 177.50, subdivision 4. In fiscal year
2024, the base for this appropriation is
$300,000. In fiscal year 2025, the base for this
appropriation is $0.
new text end
new text begin
(i) $300,000 in fiscal year 2023 is for a grant
to Building Strong Communities, Inc., for a
statewide apprenticeship readiness program
to prepare women, BIPOC community
members, and veterans to enter the building
and construction trades. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Workforce Development Initiatives
|
new text begin
-0- new text end |
new text begin
747,000 new text end |
||||
new text begin
(a) $500,000 in fiscal year 2023 is for youth
skills training grants under Minnesota Statutes,
section 175.46.
new text end
new text begin
(b) $247,000 in fiscal year 2023 is for
administration of the youth skills training
grants under Minnesota Statutes, section
175.46. In fiscal year 2024, the base for this
appropriation is $258,000. In fiscal year 2025,
the base for this appropriation is $270,000.
new text end
new text begin Subd. 4. new text end
new text begin
Combative Sports
|
new text begin
-0- new text end |
new text begin
150,000 new text end |
||||
new text begin Subd. 5. new text end
new text begin
Transfer to Construction Code Fund
|
new text begin
-0- new text end |
new text begin
2,850,000 new text end |
||||
new text begin
$2,850,000 in fiscal year 2023 is for transfer
to the construction code fund under Minnesota
Statutes, section 326B.04, subdivision 1. In
fiscal year 2024, the base for this appropriation
is $4,477,000. In fiscal year 2025, the base for
this appropriation is $0.
new text end
new text begin Subd. 6. new text end
new text begin
Agricultural Worker Wellness
|
new text begin
-0- new text end |
new text begin
507,000 new text end |
||||
new text begin
(a) $255,000 in fiscal year 2023 is for the
ombudsperson for the safety, health, and
well-being of agricultural and food processing
workers under Minnesota Statutes, section
179.911.
new text end
new text begin
(b) $252,000 in fiscal year 2023 is for the
agricultural worker wellness committee under
Minnesota Statutes, section 179.912.
new text end
new text begin Subd. 7. new text end
new text begin
Warehouse Distribution Worker Safety
|
new text begin
-0- new text end |
new text begin
82,000 new text end |
||||
new text begin
$82,000 in fiscal year 2023 is from the
workers' compensation fund for enforcement
and other duties regarding warehouse
distribution workers safety under Minnesota
Statutes, section 182.6526. In fiscal year 2024
and beyond, the base is $56,000 each year.
new text end
Sec. 3. new text begin WORKERS' COMPENSATION COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
300,000 new text end |
||
new text begin
(a) This appropriation is from the workers'
compensation fund. Of this amount, $100,000
is for rulemaking. This appropriation is
onetime.
new text end
new text begin
(b) In fiscal years 2024 and 2025, $200,000
is added to the agency's base.
new text end
Sec. 4. new text begin BUREAU OF MEDIATION SERVICES
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
400,000 new text end |
||
new text begin
This appropriation is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041. In
fiscal years 2024 and 2025, the base is
$525,000.
new text end
Sec. 5. new text begin MINNESOTA MANAGEMENT AND
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
54,000 new text end |
||
new text begin
(a) $3,000 in fiscal year 2023 is for printing
costs associated with earned sick and safe
time. This is a onetime appropriation.
new text end
new text begin
(b) $51,000 in fiscal year 2023 is to allocate
money to executive branch state agencies,
boards, and commissions to offset the cost of
earned sick and safe time leave required under
Minnesota Statutes, sections 181.9445 to
181.9448. The commissioner of management
and budget must determine an allocation of
the amount appropriated for each executive
branch state agency, board, and commission.
In fiscal year 2024 and beyond, the base for
this appropriation is $102,000.
new text end
Sec. 6. new text begin HOUSE OF REPRESENTATIVES
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
18,000 new text end |
||
new text begin
$18,000 in fiscal year 2023 is for modifying
the timecard and human resources systems as
necessary to comply with earned sick and safe
time requirements under Minnesota Statutes,
sections 181.9445 to 181.9448. This is a
onetime appropriation.
new text end
Sec. 7. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,000 new text end |
||
new text begin
$1,000 in fiscal year 2023 is for purposes of
earned sick and safe time under Minnesota
Statutes, sections 181.9445 to 181.9448. In
fiscal year 2024, the base for this appropriation
is $492,000. In fiscal year 2025, the base for
this appropriation is $459,000.
new text end
Sec. 8.
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.
deleted text begin
(b) $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 new text begin (b)new text end $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
Sec. 9. new text begin DUPLICATE APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation in this act is enacted more than once during the 2022 regular session,
the appropriation is to be given effect only once.
new text end
ARTICLE 6
LABOR AND INDUSTRY POLICY AND TECHNICAL
Section 1.
Minnesota Statutes 2020, section 175.16, subdivision 1, is amended to read:
Subdivision 1.
Established.
The Department of Labor and Industry shall consist of the
following divisions: Division of Workers' Compensation, Division of Construction Codes
and Licensing, Division of Occupational Safety and Health, Division of Statistics, Division
of Labor Standardsnew text begin ,new text end and new text begin Division of new text end Apprenticeship, and such other divisions as the
commissioner of the Department of Labor and Industry may deem necessary and establish.
Each division of the department and persons in charge thereof shall be subject to the
supervision of the commissioner of the Department of Labor and Industry and, in addition
to such duties as are or may be imposed on them by statute, shall perform such other duties
as may be assigned to them by the commissioner. Notwithstanding any other law to the
contrary, the commissioner is the administrator and supervisor of all of the department's
dispute resolution functions and personnel and may delegate authority to compensation
judges and others to make determinations under sections 176.106, 176.238, and 176.239
and to approve settlement of claims under section 176.521.
Sec. 2.
Minnesota Statutes 2020, section 177.26, is amended to read:
177.26 DIVISION OF LABOR STANDARDS.
Subdivision 1.
Creation.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted text end in the
Department of Labor and Industry is supervised and controlled by the commissioner of
labor and industry.
Subd. 2.
Powers and duties.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted text end shall
administer this chapter and chapters deleted text begin 178,deleted text end 181, 181A, and 184.
deleted text begin Subd. 3. deleted text end
deleted text begin Employees; transfer from Division of Women and Children. deleted text end
deleted text begin
All persons
employed by the department in the Division of Women and Children are transferred to the
Division of Labor Standards. A transferred person does not lose rights acquired by reason
of employment at the time of transfer.
deleted text end
Sec. 3.
Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
Subd. 4.
Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin anddeleted text end 181.939 to 181.943, deleted text begin ordeleted text end new text begin 181.991, andnew text end with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to franchise agreements entered into or amended on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2020, section 178.01, is amended to read:
178.01 PURPOSES.
The purposes of this chapter are: to open to all people regardless of race, sex, creed,
color or national origin, the opportunity to obtain training and on-the-job learning that will
equip them for profitable employment and citizenship; to establish as a means to this end,
a program of voluntary apprenticeship under approved apprenticeship agreements providing
facilities for their training and guidance in the arts, skills, and crafts of industry and trade
or occupation, with concurrent, supplementary instruction in related subjects; to promote
apprenticeship opportunities under conditions providing adequate training and on-the-job
learning and reasonable earnings; to relate the supply of skilled workers to employment
demands; to establish standards for apprentice training; to establish an Apprenticeship Board
and apprenticeship committees to assist in effectuating the purposes of this chapter; to
provide for a Division of deleted text begin Labor Standards anddeleted text end Apprenticeship within the Department of
Labor and Industry; to provide for reports to the legislature regarding the status of apprentice
training in the state; to establish a procedure for the determination of apprenticeship
agreement controversies; and to accomplish related ends.
Sec. 5.
Minnesota Statutes 2020, section 178.011, subdivision 7, is amended to read:
Sec. 6.
Minnesota Statutes 2020, section 178.03, subdivision 1, is amended to read:
Subdivision 1.
Establishment of division.
There is established a Division of deleted text begin Labor
Standards anddeleted text end Apprenticeship in the Department of Labor and Industry. This division shall
be administered by a director, and be under the supervision of the commissioner.
Sec. 7.
Minnesota Statutes 2020, section 178.11, is amended to read:
178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.
The commissioner shall establish the labor education advancement grant program for
the purpose of facilitating the participationnew text begin or retentionnew text end of deleted text begin minoritiesdeleted text end new text begin people of color,
Indigenous people,new text end and women in deleted text begin apprenticeable trades and occupationsdeleted text end new text begin registered
apprenticeship programsnew text end . The commissioner shall award grants to community-based new text begin and
nonprofit new text end organizationsnew text begin and Minnesota Tribal governments as defined in section 10.65,new text end
serving the targeted populations on a competitive request-for-proposal basis. Interested
organizations shall apply for the grants in a form prescribed by the commissioner. As part
of the application process, applicants must provide a statement of need for the grant, a
description of the targeted population and apprenticeship opportunities, a description of
activities to be funded by the grant, evidence supporting the ability to deliver services,
information related to coordinating grant activities with other employment and learning
programs, identification of matching funds, a budget, and performance objectives. Each
submitted application shall be evaluated for completeness and effectiveness of the proposed
grant activity.
Sec. 8.
Minnesota Statutes 2020, section 181.9435, subdivision 1, is amended to read:
Subdivision 1.
Investigation.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted text end shall
receive complaints of employees against employers relating to sections 181.172, paragraph
(a) or (d), and 181.939 to 181.9436 and investigate informally whether an employer may
be in violation of sections 181.172, paragraph (a) or (d), and 181.939 to 181.9436. The
division shall attempt to resolve employee complaints by informing employees and employers
of the provisions of the law and directing employers to comply with the law. For complaints
related to section 181.939, the division must contact the employer within two business days
and investigate the complaint within ten days of receipt of the complaint.
Sec. 9.
Minnesota Statutes 2020, section 181.9436, is amended to read:
181.9436 POSTING OF LAW.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted text end shall develop, with the assistance
of interested business and community organizations, an educational poster stating employees'
rights under sections 181.940 to 181.9436. The department shall make the poster available,
upon request, to employers for posting on the employer's premises.
Sec. 10.
new text begin
[181.988] COVENANTS NOT TO COMPETE VOID IN EMPLOYMENT
AGREEMENTS; SUBSTANTIVE PROTECTIONS OF MINNESOTA LAW APPLY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Covenant not to compete" means an agreement between
an employee and employer that restricts the employee, after termination of the employment,
from performing:
new text end
new text begin
(1) work for another employer for a specified period of time;
new text end
new text begin
(2) work in a specified geographical area; or
new text end
new text begin
(3) work for another employer in a capacity that is similar to the employee's work for
the employer that is party to the agreement.
new text end
new text begin
(b) "Employer" means any individual, partnership, association, corporation, business
trust, or any person or group of persons acting directly or indirectly in the interest of an
employer in relation to an employee.
new text end
new text begin Subd. 2. new text end
new text begin Covenants not to compete void and unenforceable. new text end
new text begin
(a) Subject to the exception
in paragraph (b), any covenant not to compete contained in a contract or agreement is void
and unenforceable.
new text end
new text begin
(b) Notwithstanding paragraph (a), a covenant not to compete between an employer and
employee is valid and enforceable if:
new text end
new text begin
(1) the employee earned an annual salary from the employer at least equal to the median
family income for a four-person family in Minnesota, as determined by the United States
Census Bureau, for the most recent year available at the time of the employee's termination;
and
new text end
new text begin
(2) the employer agrees to pay the employee on a pro rata basis during the entirety of
the restricted period of the covenant not to compete at least 50 percent of the employee's
highest annualized base salary paid by the employer within the two years preceding the
employee's separation from employment.
new text end
new text begin
(c) Nothing in this subdivision shall be construed to render void or unenforceable any
other provisions in a contract or agreement containing a void or unenforceable covenant
not to compete.
new text end
new text begin
(d) In addition to injunctive relief and any other remedies available, a court may award
an employee who is enforcing rights under this section reasonable attorney fees.
new text end
new text begin Subd. 3. new text end
new text begin Choice of law; venue. new text end
new text begin
(a) An employer must not require an employee who
primarily resides and works in Minnesota, as a condition of employment, to agree to a
provision in an agreement or contract that would do either of the following:
new text end
new text begin
(1) require the employee to adjudicate outside of Minnesota a claim arising in Minnesota;
or
new text end
new text begin
(2) deprive the employee of the substantive protection of Minnesota law with respect to
a controversy arising in Minnesota.
new text end
new text begin
(b) Any provision of a contract or agreement that violates paragraph (a) is voidable at
any time by the employee and if a provision is rendered void at the request of the employee,
the matter shall be adjudicated in Minnesota and Minnesota law shall govern the dispute.
new text end
new text begin
(c) In addition to injunctive relief and any other remedies available, a court may award
an employee who is enforcing rights under this section reasonable attorney fees.
new text end
new text begin
(d) For purposes of this section, adjudication includes litigation and arbitration.
new text end
new text begin
(e) This subdivision shall not apply to a contract with an employee who is in fact
individually represented by legal counsel in negotiating the terms of an agreement to
designate either the venue or forum in which a controversy arising from the employment
contract may be adjudicated or the choice of law to be applied.
new text end
new text begin Subd. 4. new text end
new text begin Severability. new text end
new text begin
If any provision of this section is found to be unconstitutional
and void, the remaining provisions of this section are valid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to contracts and agreements entered into on or after that date.
new text end
Sec. 11.
new text begin
[181.991] RESTRICTIVE FRANCHISE AGREEMENTS PROHIBITED.
new text end
new text begin Subdivision 1. 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 them.
new text end
new text begin
(b) "Employee" means an individual employed by an employer and includes independent
contractors.
new text end
new text begin
(c) "Employer" has the meaning given in section 177.23, subdivision 6.
new text end
new text begin
(d) "Franchise," "franchisee," and "franchisor" have the meanings given in section
80C.01, subdivisions 4 to 6.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition on restrictive franchise agreements. new text end
new text begin
(a) No franchisor may
restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee
of a franchisee of the same franchisor.
new text end
new text begin
(b) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting
or hiring an employee of the franchisor.
new text end
new text begin Subd. 3. new text end
new text begin Franchise agreement amendment. new text end
new text begin
Notwithstanding any law to the contrary,
no later than one year from the effective date of this section, franchisors shall amend existing
franchise agreements to remove any restrictive employment provision that violates
subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Civil action; penalties. new text end
new text begin
(a) An employee alleging a violation of this section
may bring a civil action for damages and injunctive relief against the employer.
new text end
new text begin
(b) If the court finds that a franchisor has violated this section, the court shall enter
judgment, grant injunctive relief as deemed appropriate, and award the employee plaintiff
the greater of:
new text end
new text begin
(1) the actual damages incurred by the plaintiff, plus any injunctive relief, costs, and
reasonable attorney fees; or
new text end
new text begin
(2) a $5,000 penalty.
new text end
new text begin
(c) If no civil action is commenced, the commissioner of labor and industry shall assess
a $5,000 per employee penalty for violations of this section. This assessment is in addition
to the commissioner's authority under section 177.27, subdivisions 4 and 7. Any penalty
assessed under this subdivision shall be awarded to the employee plaintiff and not to the
commissioner or the department.
new text end
new text begin Subd. 5. new text end
new text begin Severability. new text end
new text begin
If any provision of this section is found to be unconstitutional
and void, the remaining provisions of this section are valid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to franchise agreements entered into or amended on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2021 Supplement, section 326B.092, subdivision 7, is amended
to read:
Subd. 7.
License fees and license renewal fees.
(a) The license fee for each license is
the base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.
(b) For purposes of this section, "license duration" means the number of years for which
the license is issued except that if the initial license is not issued for a whole number of
years, the license duration shall be rounded up to the next whole number.
(c) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications is $5.
(d) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyworker, or business license, and on the license duration. The base
license fee shall be:
| License Classification |
License Duration |
||
| 1 year |
2 years |
||
| Entry level |
$10 |
$20 |
|
| Journeyworker |
$20 |
$40 |
|
| Master |
$40 |
$80 |
|
| Business |
$180 |
(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.925,
then a board fee must be included in the license fee and the renewal license fee. The board
fee for all license classifications shall be: $4 if the license duration is one year; and $8 if
the license duration is two years.
(f) If the application is for the renewal of a license issued under sections 326B.802 to
326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision
3, and any additional assessment required under section 326B.89, subdivision 16, must be
included in the license renewal fee.
(g) Notwithstanding the fee amounts described in paragraphs (d) to (f), for the period
October 1, 2021, through deleted text begin Septemberdeleted text end new text begin Junenew text end 30, deleted text begin 2023deleted text end new text begin 2022new text end , the following fees apply:
| License Classification |
License Duration |
||
| 1 year |
2 years |
||
| Entry level |
$10 |
$20 |
|
| Journeyworker |
$15 |
$30 |
|
| Master |
$30 |
$60 |
|
| Business |
$120 |
new text begin
(h) For the period of July 1, 2022, through June 30, 2024, no fees described in paragraphs
(c) to (e) shall apply, except as described in paragraph (i).
new text end
new text begin
(i) Notwithstanding the fee amounts described in paragraphs (d) to (f), for the period of
October 1, 2021, through September 30, 2023, the base license fee for business licenses
shall be $120.
new text end
Sec. 13.
Minnesota Statutes 2020, section 326B.103, subdivision 13, is amended to read:
Subd. 13.
State licensed facility.
"State licensed facility" means a building and its
grounds that are licensed by the state as a hospital, nursing home, supervised living facility,
free-standing outpatient surgical center, correctional facility, boarding care home, deleted text begin ordeleted text end
residential hospicenew text begin , or assisted living facility, including assisted living facility with dementia
carenew text end .
Sec. 14.
Minnesota Statutes 2020, section 326B.106, subdivision 1, is amended to read:
Subdivision 1.
Adoption of code.
(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.
(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.
(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.
(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833.new text begin The
commissioner shall act on the new model commercial energy code by adopting each new
published edition and amending it as necessary to achieve a minimum of eight percent
energy efficiency.new text end The commissioner may adopt amendments prior to adoption of the new
energy codes, as amended for use in Minnesota, to advance construction methods, technology,
or materials, or, where necessary to protect the health, safety, and welfare of the public, or
to improve the efficiency or use of a building.
Sec. 15.
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 roof.deleted text end new text begin The commissioner shall adopt rules, using the expedited rulemaking
process in section 14.389 requiring window cleaning safety features that comply with a
nationally recognized standard as part of the State Building Code. Window cleaning safety
features shall be provided for all windows on:
new text end
new text begin
(1) new buildings where determined by the code; 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 cleaning.
new 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. 16.
Minnesota Statutes 2020, section 326B.145, is amended to read:
326B.145 ANNUAL REPORT.
new text begin (a) new text end Each municipality shall annually report by June 30 to the department, in a format
prescribed by the department, all construction and development-related fees collected by
the municipality from developers, builders, and subcontractors if the cumulative fees collected
exceeded deleted text begin $5,000deleted text end new text begin $7,000new text end in the reporting year, except that, for reports due June 30, 2009,
to June 30, 2013, the reporting threshold is $10,000.
new text begin (b)new text end The report must include:
(1) the number and valuation of units for which fees were paid;
(2) the amount of building permit fees, plan review fees, administrative fees, engineering
fees, infrastructure fees, and other construction and development-related fees; and
(3) the expenses associated with the municipal activities for which fees were collected.
new text begin (c) new text end A municipality that fails to report to the department in accordance with this section
is subject to the remedies provided by section 326B.082.
Sec. 17.
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, and
the amendments to it expire October 1, 2023.
new text end
Sec. 18.
Minnesota Statutes 2020, section 326B.153, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Valuation. new text end
new text begin
The commissioner shall establish a cost per square foot valuation
of new one-family and two-family, townhouse, and accessory utility buildings for the purpose
of setting building permit fees by municipalities.
new text end
Sec. 19.
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. 20.
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. 21.
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 and 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. 22.
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
systemsnew text begin , except for replacement or repair of load management equipment located on the
exterior of a building for an electric utility other than a public utility as defined in section
216B.02, subdivision 4, before December 31, 2027, by a Class A electrical contractor
licensed under section 326B.33new text end ;
(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. 23. 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
ARTICLE 7
OSHA PENALTY CONFORMANCE
Section 1.
Minnesota Statutes 2020, section 182.666, subdivision 1, is amended to read:
Subdivision 1.
Willful or repeated violations.
Any employer who willfully or repeatedly
violates the requirements of section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, may be assessed a fine not to
exceed deleted text begin $70,000deleted text end new text begin $145,027new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000deleted text end new text begin $10,360new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 2.
Minnesota Statutes 2020, section 182.666, subdivision 2, is amended to read:
Subd. 2.
Serious violations.
Any employer who has received a citation for a serious
violation of its duties under section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, shall be assessed a fine not
to exceed deleted text begin $7,000deleted text end new text begin $14,502new text end for each violation. If a serious violation under section 182.653,
subdivision 2, causes or contributes to the death of an employee, the employer shall be
assessed a fine of up to $25,000new text begin for each violationnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 3.
Minnesota Statutes 2020, section 182.666, subdivision 3, is amended to read:
Subd. 3.
Nonserious violations.
Any employer who has received a citation for a violation
of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically
determined not to be of a serious nature as provided in section 182.651, subdivision 12,
may be assessed a fine of up to deleted text begin $7,000deleted text end new text begin $14,502new text end for each violation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 4.
Minnesota Statutes 2020, section 182.666, subdivision 4, is amended to read:
Subd. 4.
Failure to correct a violation.
Any employer who fails to correct a violation
for which a citation has been issued under section 182.66 within the period permitted for
its correction, which period shall not begin to run until the date of the final order of the
commissioner in the case of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance of penalties, may be assessed
a fine of not more than deleted text begin $7,000deleted text end new text begin $14,502new text end for each day during which the failure or violation
continues.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 5.
Minnesota Statutes 2020, section 182.666, subdivision 5, is amended to read:
Subd. 5.
Posting violations.
Any employer who violates any of the posting requirements,
as prescribed under this chapter, except those prescribed under section 182.661, subdivision
3a, shall be assessed a fine of up to deleted text begin $7,000deleted text end new text begin $14,502new text end for each violation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 6.
Minnesota Statutes 2020, section 182.666, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Increases for inflation. new text end
new text begin
(a) Each year, beginning in 2022, the commissioner
shall determine the percentage change in the Minneapolis-St. Paul-Bloomington, MN-WI,
Consumer Price Index for All Urban Consumers (CPI-U) from the month of October in the
preceding calendar year to the month of October in the current calendar year.
new text end
new text begin
(b) The commissioner shall increase the fines in subdivisions 1 through 5, except for
the fine for a serious violation under section 182.653, subdivision 2, that causes or contributes
to the death of an employee, by the percentage change determined by the commissioner
under paragraph (a), if the percentage change is greater than zero. The fines shall be increased
to the nearest one dollar.
new text end
new text begin
(c) If the percentage change determined by the commissioner under paragraph (a) is not
greater than zero, the commissioner shall not change any of the fines in subdivisions 1
through 5.
new text end
new text begin
(d) A fine increased under this subdivision takes effect on the next January 15 after the
commissioner determines the percentage change under paragraph (a) and applies to all fines
assessed on or after the next January 15.
new text end
new text begin
(e) No later than December 1 of each year, the commissioner shall give notice in the
State Register of any increase to the fines in subdivisions 1 through 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
ARTICLE 8
FAIR LABOR STANDARDS FOR AGRICULTURAL AND FOOD PROCESSING
WORKERS
Section 1.
Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
Subd. 4.
Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, new text begin 181.86 to 181.88, new text end and 181.939 to 181.943, or with any
rule promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.
Sec. 2.
Minnesota Statutes 2020, section 179.86, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For the purpose of this section, "employer" means an employer
in the meatpacking new text begin or poultry processing new text end industry.
Sec. 3.
Minnesota Statutes 2020, section 179.86, subdivision 3, is amended to read:
Subd. 3.
Information provided to employee by employer.
(a) new text begin At the start of
employment, new text end an employer must provide an explanation in an employee's native language
of the employee's rights and duties as an employee deleted text begin eitherdeleted text end new text begin bothnew text end person to person deleted text begin ordeleted text end new text begin andnew text end
through written materials that, at a minimum, include:
(1) a complete description of the salary and benefits plans as they relate to the employee;
(2) a job description for the employee's position;
(3) a description of leave policies;
(4) a description of the work hours and work hours policy; deleted text begin and
deleted text end
(5) a description of the occupational hazards known to exist for the positiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) the name of the employer's workers' compensation insurance carrier, the carrier's
phone number, and the insurance policy number.
new text end
(b) The explanation must also include information on the following employee rights as
protected by state or federal law and a description of where additional information about
those rights may be obtained:
(1) the right to organize and bargain collectively and refrain from organizing and
bargaining collectively;
(2) the right to a safe workplace; deleted text begin and
deleted text end
(3) the right to be free from discriminationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) the right to workers' compensation insurance coverage.
new text end
new text begin
(c) The requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end
Sec. 4.
Minnesota Statutes 2020, section 179.86, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Civil action. new text end
new text begin
An employee injured by a violation of this section has a cause of
action for damages for the greater of $1,000 per violation or twice the employee's actual
damages, plus costs and reasonable attorney fees. A damage award shall be the greater of
$1,400 or three times actual damages for an employee injured by an intentional violation
of this section.
new text end
Sec. 5.
Minnesota Statutes 2020, section 179.86, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Fine. new text end
new text begin
The commissioner of labor and industry shall fine an employer not less
than $400 or more than $1,000 for each violation of subdivision 3.
new text end
Sec. 6.
Minnesota Statutes 2020, section 181.14, subdivision 1, is amended to read:
Subdivision 1.
Prompt payment required.
(a) When any such employee quits or resigns
employment, the wages or commissions earned and unpaid at the time the employee quits
or resigns shall be paid in full not later than the first regularly scheduled payday following
the employee's final day of employment, unless an employee is subject to a collective
bargaining agreement with a different provision. Wages are earned and unpaid if the
employee was not paid for all time worked at the employee's regular rate of pay or at the
rate 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. If
the first regularly scheduled payday is less than five calendar days following the employee's
final day of employment, full payment may be delayed until the second regularly scheduled
payday but shall not exceed a total of 20 calendar days following the employee's final day
of employment.
(b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as
defined in section 181.85, the wages or commissions earned and unpaid at the time the
employee quits or resigns shall become due and payable within deleted text begin fivedeleted text end new text begin threenew text end days thereafter.
Sec. 7.
Minnesota Statutes 2020, section 181.635, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this section.
(a) "Employer" means a person who employs another to perform a service for hire.
Employer includes any agent or attorney of an employer who, for money or other valuable
consideration paid or promised to be paid, performs any recruiting.
(b) "Person" means a corporation, partnership, limited liability company, limited liability
partnership, association, individual, or group of persons.
(c) "Recruits" means to induce an individual, directly or through an agent, to relocate
to Minnesota new text begin or within Minnesota new text end to work in food processing by an offer of employmentnew text begin
or of the possibility of employmentnew text end .
(d) "Food processing" means canning, packing, or otherwise processing poultry or meat
for consumption.
(e) "Terms and conditions of employment" means the following:
(1) nature of the work to be performed;
(2) wage rate, nature and amount of deductions for tools, clothing, supplies, or other
items;
(3) anticipated hours of work per week, including overtime;
(4) anticipated slowdown or shutdown or if hours of work per week vary more than 25
percent from clause (3);
(5) duration of the work;
(6) workers' compensation coverage and name, address, and telephone number of insurer
and Department of Labor and Industry;
(7) employee benefits available, including any health plans, sick leave, or paid vacation;
(8) transportation and relocation arrangements with allocation of costs between employer
and employee;
(9) availability and description of housing and any costs to employee associated with
housing; and
(10) any other item of value offered, and allocation of costs of item between employer
and employee.
Sec. 8.
Minnesota Statutes 2020, section 181.635, subdivision 2, is amended to read:
Subd. 2.
Recruiting; required disclosure.
new text begin (a) new text end An employer shall provide written
disclosure of the terms and conditions of employment to a person at the time it recruits the
person to relocate to work in the food processing industry. The disclosure requirement does
not apply to an exempt employee as defined in United States Code, title 29, section 213(a)(1).
The disclosure must be written in English and Spanish, new text begin or another language if the person's
preferred language is not Spanish, new text end dated and signed by the employer and the person recruited,
and maintained by the employer for deleted text begin twodeleted text end new text begin threenew text end years. A copy of the signed and completed
disclosure must be delivered immediately to the recruited person. The disclosure may not
be construed as an employment contract.
new text begin
(b) The requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end
Sec. 9.
Minnesota Statutes 2020, section 181.635, subdivision 3, is amended to read:
Subd. 3.
Civil action.
A person injured by a violation of this section has a cause of action
for damages for the greater of deleted text begin $500deleted text end new text begin $1,000new text end per violation or twice their actual damages, plus
costs and reasonable attorney's fees. A damage award shall be the greater of deleted text begin $750deleted text end new text begin $1,400new text end
or three times actual damages for a person injured by an intentional violation of this section.
Sec. 10.
Minnesota Statutes 2020, section 181.635, subdivision 4, is amended to read:
Subd. 4.
Fine.
The Department of Labor and Industry shall fine an employer not less
than deleted text begin $200deleted text end new text begin $400new text end or more than deleted text begin $500deleted text end new text begin $1,000new text end for each violation of this section.
Sec. 11.
Minnesota Statutes 2020, section 181.635, subdivision 6, is amended to read:
Subd. 6.
Standard disclosure form.
The Department of Labor and Industry shall provide
a standard form for use at the employer's option in making the disclosure required in
subdivision 2. The form shall be available in English and Spanishnew text begin and additional languages
upon requestnew text end .
Sec. 12.
Minnesota Statutes 2020, section 181.85, subdivision 2, is amended to read:
Subd. 2.
Agricultural labor.
"Agricultural labor" means field labor associated with the
cultivation and harvest of fruits and vegetables and work performed in processing fruits and
vegetables for marketnew text begin , as well as labor performed in agriculture as defined in Minnesota
Rules, part 5200.0260new text end .
Sec. 13.
Minnesota Statutes 2020, section 181.85, subdivision 4, is amended to read:
Subd. 4.
Employer.
"Employer" means deleted text begin a processor of fruits or vegetablesdeleted text end new text begin an individual,
partnership, association, corporation, business trust, or any person or group of personsnew text end that
employs, either directly or indirectly through a recruiter, deleted text begin more than 30deleted text end migrant workers deleted text begin per
day for more than seven days in any calendar yeardeleted text end .
Sec. 14.
Minnesota Statutes 2020, section 181.86, subdivision 1, is amended to read:
Subdivision 1.
Terms.
new text begin (a) new text end An employer that recruits a migrant worker shall provide the
migrant worker, at the time the worker is recruited, with a written employment statement
which shall state clearly and plainly, in English and Spanishnew text begin , or another language if the
worker's preferred language is not Spanishnew text end :
(1) the date on which and the place at which the statement was completed and provided
to the migrant worker;
(2) the name and permanent address of the migrant worker, of the employer, and of the
recruiter who recruited the migrant worker;
(3) the date on which the migrant worker is to arrive at the place of employment, the
date on which employment is to begin, the approximate hours of employment, and the
minimum period of employment;
(4) the crops and the operations on which the migrant worker will be employed;
(5) the wage rates to be paid;
(6) the payment terms, as provided in section 181.87;
(7) any deduction to be made from wages; deleted text begin and
deleted text end
(8) whether housing will be provideddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) the name of the employer's workers' compensation insurance carrier, the carrier's
phone number, and the insurance policy number.
new text end
new text begin
(b) The requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end
Sec. 15.
Minnesota Statutes 2020, section 181.87, subdivision 2, is amended to read:
Subd. 2.
Biweekly pay.
The employer shall pay wages due to the migrant worker at
least every two weeks, except on termination, when the employer shall pay within three
daysnew text begin unless payment is required sooner pursuant to section 181.13new text end .
Sec. 16.
Minnesota Statutes 2020, section 181.87, subdivision 3, is amended to read:
Subd. 3.
Guaranteed hours.
The employer shall guarantee to each recruited migrant
worker a minimum of 70 hours pay for work in any two successive weeks and, should the
pay for hours actually offered by the employer and worked by the migrant worker provide
a sum of pay less than the minimum guarantee, the employer shall pay the migrant worker
the difference within three days after the scheduled payday for the pay period involved.
Payment for the guaranteed hours shall be at the hourly wage rate, if any, specified in the
employment statement, or the federal new text begin or state new text end minimum wage, whichever is deleted text begin higherdeleted text end new text begin highestnew text end .
Any pay in addition to the hourly wage rate specified in the employment statement shall be
applied against the guarantee. This guarantee applies for the minimum period of employment
specified in the employment statement beginning with the date on which employment is to
begin as specified in the employment statement. The date on which employment is to begin
may be changed by the employer by written, telephonic, or telegraphic notice to the migrant
worker, at the worker's last known address, no later than ten days prior to the previously
stated beginning date. The migrant worker shall contact the recruiter to obtain the latest
information regarding the date upon which employment is to begin no later than five days
prior to the previously stated beginning date. This guarantee shall be reduced, when there
is no work available for a period of seven or more consecutive days during any two-week
period subsequent to the commencement of work, by five hours pay for each such day,
when the unavailability of work is caused by climatic conditions or an act of God, provided
that the employer pays the migrant worker, on the normal payday, the sum of deleted text begin $5deleted text end new text begin $16new text end for
each such day.
Sec. 17.
Minnesota Statutes 2020, section 181.87, subdivision 7, is amended to read:
Subd. 7.
Statement itemizing deductions from wages.
The employer shall provide a
written statement at the time wages are paid clearly itemizing each deduction from wages.new text begin
The written statement shall also comply with all other requirements for an earnings statement
in section 181.032.
new text end
Sec. 18.
Minnesota Statutes 2020, section 181.88, is amended to read:
181.88 RECORD KEEPING.
Every employer subject to the provisions of sections 181.85 to 181.90 shall maintain
complete and accurate records deleted text begin of the names of, the daily hours worked by, the rate of pay
for and the wages paid each pay period todeleted text end new text begin fornew text end every individual migrant worker recruited by
that employerdeleted text begin ,deleted text end new text begin as required by section 177.30new text end and shall deleted text begin preserve the recordsdeleted text end new text begin also maintain
the employment statements required under section 181.86new text end for a period of at least three years.
Sec. 19.
Minnesota Statutes 2020, section 181.89, subdivision 2, is amended to read:
Subd. 2.
Judgment; damages.
If the court finds that any defendant has violated the
provisions of sections 181.86 to 181.88, the court shall enter judgment for the actual damages
incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever
is greater. The court may also award court costs and a reasonable attorney's fee. The penalties
shall be as follows:
(1) whenever the court finds that an employer has violated the record-keeping
requirements of section 181.88, deleted text begin $50deleted text end new text begin $200new text end ;
(2) whenever the court finds that an employer has recruited a migrant worker without
providing a written employment statement as provided in section 181.86, subdivision 1,
deleted text begin $250deleted text end new text begin $800new text end ;
(3) whenever the court finds that an employer has recruited a migrant worker after having
provided a written employment statement, but finds that the employment statement fails to
comply with the requirement of section 181.86, subdivision 1 or section 181.87, deleted text begin $250deleted text end new text begin $800new text end ;
(4) whenever the court finds that an employer has failed to comply with the terms of an
employment statement which the employer has provided to a migrant worker or has failed
to comply with any payment term required by section 181.87, deleted text begin $500deleted text end new text begin $1,600new text end ;
(5) whenever the court finds that an employer has failed to pay wages to a migrant worker
within a time period set forth in section 181.87, subdivision 2 or 3, deleted text begin $500deleted text end new text begin $1,600new text end ; and
(6) whenever penalties are awarded, they shall be awarded severally in favor of each
migrant worker plaintiff and against each defendant found liable.
Sec. 20.
Minnesota Statutes 2020, section 181.89, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Enforcement. new text end
new text begin
In addition to any other remedies available, the commissioner
may assess the penalties in subdivision 2 and provide the penalty to the migrant worker
aggrieved by the employer's noncompliance.
new text end
ARTICLE 9
COMBATIVE SPORTS
Section 1.
Minnesota Statutes 2020, section 341.21, subdivision 2a, is amended to read:
Subd. 2a.
Combatant.
"Combatant" means an individual who employs the act of attack
and defense as anew text begin professionalnew text end boxer, new text begin professional or amateur new text end tough person, deleted text begin martial artist,deleted text end
or new text begin professional or amateur new text end mixed martial artist while engaged in a combative sport.
Sec. 2.
Minnesota Statutes 2020, section 341.21, subdivision 2c, is amended to read:
Subd. 2c.
Combative sports contest.
"Combative sports contest" means a professional
boxing, a professional or amateur tough person, or a professional or amateur deleted text begin martial art
contest ordeleted text end mixed martial arts contest, bout, competition, match, or exhibition.
Sec. 3.
Minnesota Statutes 2020, section 341.21, subdivision 7, is amended to read:
Subd. 7.
Tough person contest.
"Tough person contest," including contests marketed
as tough man or tough woman contests, means a deleted text begin contest of two-minute rounds consisting
of not more than four rounds between two or more individuals who use their hands, or their
feet, or both in any manner. Tough person contest includes kickboxing and other recognized
martial art contest.deleted text end new text begin boxing match or similar contest where each combatant wears headgear
and gloves that weigh at least 12 ounces.
new text end
Sec. 4.
Minnesota Statutes 2020, section 341.221, is amended to read:
341.221 ADVISORY COUNCIL.
(a) The commissioner must appoint a Combative Sports Advisory Council to advise the
commissioner on the administration of duties under this chapter.
(b) The council shall have deleted text begin ninedeleted text end new text begin fivenew text end members appointed by the commissioner. deleted text begin One
member must be a retired judge of the Minnesota District Court, Minnesota Court of Appeals,
Minnesota Supreme Court, the United States District Court for the District of Minnesota,
or the Eighth Circuit Court of Appeals. At least fourdeleted text end new text begin All fivenew text end members must have knowledge
of the deleted text begin boxingdeleted text end new text begin combative sportsnew text end industry. deleted text begin At least four members must have knowledge of
the mixed martial arts industry.deleted text end The commissioner shall make serious efforts to appoint
qualified women to serve on the council.
deleted text begin
(c) Council members shall serve terms of four years with the terms ending on the first
Monday in January.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end The council shall annually elect from its membership a chair.
deleted text begin (e)deleted text end new text begin (d)new text end Meetings shall be convened by the commissioner, or by the chair with the approval
of the commissioner.
deleted text begin
(f) The commissioner shall designate two of the members to serve until the first Monday
in January 2013; two members to serve until the first Monday in January 2014; two members
to serve until the first Monday in January 2015; and three members to serve until the first
Monday in January 2016.
deleted text end
new text begin
(e) Appointments to the council and the terms of council members shall be governed by
sections 15.059 and 15.0597.
new text end
deleted text begin (g)deleted text end new text begin (f)new text end Removal of members, filling of vacancies, and compensation of members shall
be as provided in section 15.059.
new text begin
(g) Meetings convened for the purpose of advising the commissioner on issues related
to a challenge filed under section 341.345 are exempt from the open meeting requirements
of chapter 13D.
new text end
Sec. 5.
Minnesota Statutes 2020, section 341.25, is amended to read:
341.25 RULES.
(a) The commissioner may adopt rules that include standards for the physical examination
and condition of combatants and referees.
(b) The commissioner may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of all combative sport contests and their
manner, supervision, time, and place.
(c) The commissioner must adopt unified rules for mixed martial arts contests.
(d) The commissioner may adopt the rules of the Association of Boxing Commissions,
with amendments.
(e) The new text begin most recent version of the new text end Unified Rules of Mixed Martial Arts, as promulgated
by the Association of Boxing Commissions deleted text begin and amended August 2, 2016,deleted text end are incorporated
by reference and made a part of this chapter except as qualified by this chapter and Minnesota
Rules, chapter 2202. In the event of a conflict between this chapter and the Unified Rules,
this chapter must govern.
new text begin
(f) The most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions, are incorporated by reference and made a part of this
chapter except as modified by this chapter and Minnesota Rules, chapter 2201. In the event
of a conflict between this chapter and the Unified Rules, this chapter must govern.
new text end
Sec. 6.
Minnesota Statutes 2020, section 341.28, is amended to read:
341.28 REGULATION OF COMBATIVE SPORT CONTESTS.
Subdivision 1.
Regulatory authority; combative sports.
All combative sport contests
within this state must be conducted according to the requirements of this chapter.
Subd. 1a.
Regulatory authority; new text begin professional new text end boxing contests.
All professional boxing
contests are subject to this chapter. Every combatant in a boxing contest shall wear padded
gloves that weigh at least eight ounces. Officials at all boxing contests must be licensed
under this chapter.
Subd. 2.
Regulatory authority; tough person contests.
All professional and amateur
tough person contests are subject to this chapter. All tough person contests are subject to
deleted text begin Association of Boxing Commissions rulesdeleted text end new text begin the most recent version of the Unified Rules of
Boxing, as promulgated by the Association of Boxing Commissionsnew text end . Every contestant in a
tough person contest shall have a physical examination prior to their bouts. Every contestant
in a tough person contest shall wear new text begin headgear and new text end padded gloves that weigh at least 12
ounces. deleted text begin All tough person bouts are limited to two-minute rounds and a maximum of four
total rounds.deleted text end Officials at all tough person contests shall be licensed under this chapter.
Subd. 3.
Regulatory authority; mixed martial arts contestsdeleted text begin ; similar sporting
eventsdeleted text end .
All professional and amateur mixed martial arts contestsdeleted text begin , martial arts contests except
amateur contests regulated by the Minnesota State High School League (MSHSL), recognized
martial arts studios and schools in Minnesota, and recognized national martial arts
organizations holding contests between students, ultimate fight contests, and similar sporting
eventsdeleted text end are subject to this chapter and all officials at these events must be licensed under this
chapter.
new text begin Subd. 4. new text end
new text begin Regulatory authority; martial arts and amateur boxing. new text end
new text begin
(a) Unless this
chapter specifically states otherwise, contests or exhibitions for martial arts and amateur
boxing are exempt from the requirements of this chapter and officials at these events are
not required to be licensed under this chapter.
new text end
new text begin
(b) All martial arts and amateur boxing contests must be regulated by the Thai Boxing
Association, International Sports Karate Association, World Kickboxing Association, United
States Muay Thai Association, United States Muay Thai Federation, World Association of
Kickboxing Organizations, International Kickboxing Federation, USA Boxing, or an
organization that governs interscholastic athletics under subdivision 5.
new text end
new text begin
(c) Any regulatory body overseeing a martial arts or amateur boxing event must submit
bout results to the commissioner within 72 hours after the event. If the regulatory body
issues suspensions, it must submit to the commissioner, within 72 hours after the event, a
list of any suspensions resulting from the event.
new text end
new text begin Subd. 5. new text end
new text begin Regulatory authority; certain students. new text end
new text begin
Amateur martial arts and amateur
boxing contests regulated by the Minnesota State High School League, National Collegiate
Athletic Association, National Junior Collegiate Athletic Association, National Association
of Intercollegiate Athletics, or any similar organization that governs interscholastic athletics
are not subject to this chapter and officials at these events are not required to be licensed
under this chapter.
new text end
Sec. 7.
Minnesota Statutes 2020, section 341.30, subdivision 4, is amended to read:
Subd. 4.
Prelicensure requirements.
(a) Before the commissioner issues a promoter's
license to an individual, corporation, or other business entity, the applicant shalldeleted text begin , a minimum
of six weeks before the combative sport contest is scheduled to occur,deleted text end complete a licensing
application on the Office of Combative Sports website or on forms deleted text begin furnished or approveddeleted text end new text begin
prescribednew text end by the commissioner and shall:
deleted text begin
(1) provide the commissioner with a copy of any agreement between a combatant and
the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage
of the gate receipts;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end show on the licensing application the owner or owners of the applicant entity and
the percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;
deleted text begin (3)deleted text end new text begin (2)new text end provide the commissioner with a copy of the latest financial statement of the
applicant;
deleted text begin
(4) provide the commissioner with a copy or other proof acceptable to the commissioner
of the insurance contract or policy required by this chapter;
deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end provide proof, where applicable, of authorization to do business in the state of
Minnesota; and
deleted text begin (6)deleted text end new text begin (4)new text end deposit with the commissioner a deleted text begin cash bond ordeleted text end surety bond in an amount set by
the commissioner, which must not be less than $10,000. The bond shall be executed in favor
of this state and shall be conditioned on the faithful performance by the promoter of the
promoter's obligations under this chapter and the rules adopted under it.
(b) Before the commissioner issues a license to a combatant, the applicant shall:
(1) submit to the commissioner the results of deleted text begin adeleted text end current medical deleted text begin examinationdeleted text end new text begin examinationsnew text end
on forms deleted text begin furnished or approveddeleted text end new text begin prescribednew text end by the commissionerdeleted text begin . The medical examination
must include an ophthalmological and neurological examination, and documentation of test
results for HBV, HCV, and HIV, and any other blood test as the commissioner by rule may
require. The ophthalmological examination must be designed to detect any retinal defects
or other damage or condition of the eye that could be aggravated by combative sports. The
neurological examination must include an electroencephalogram or medically superior test
if the combatant has been knocked unconscious in a previous contest. The commissioner
may also order an electroencephalogram or other appropriate neurological or physical
examination before any contest if it determines that the examination is desirable to protect
the health of the combatant. The commissioner shall not issue a license to an applicant
submitting positive test results for HBV, HCV, or HIV;deleted text end new text begin that state that the combatant is
cleared to participate in a combative sport contest. The applicant must undergo and submit
the results of the following medical examinations, which do not exempt a combatant from
the requirements set forth in section 341.33:
new text end
new text begin
(i) a physical examination performed by a licensed medical doctor, doctor of osteopathic
medicine, advance practice nurse practitioner, or a physician assistant. Physical examinations
are valid for one year from the date of the exam;
new text end
new text begin
(ii) an ophthalmological examination performed by an ophthalmologist or optometrist
that includes dilation designed to detect any retinal defects or other damage or a condition
of the eye that could be aggravated by combative sports. Ophthalmological examinations
are valid for one year from the date of the exam;
new text end
new text begin
(iii) blood work results for HBsAg (Hepatitis B surface antigen), HCV (Hepatitis C
antibody), and HIV. Blood work results are good for one year from the date blood was
drawn. The commissioner shall not issue a license to an applicant submitting positive test
results for HBsAg, HCV, or HIV; and
new text end
new text begin
(iv) other appropriate neurological or physical examinations before any contest, if the
commissioner determines that the examination is desirable to protect the health of the
combatant.
new text end
(2) complete a licensing application on the Office of Combative Sports website or on
forms furnished or approved by the commissioner; and
(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's
license, state photo identification card, passport, or birth certificate combined with additional
photo identification.
new text begin
(c) Before the commissioner issues a license to a referee, judge, or timekeeper, the
applicant must submit proof of qualifications that may include certified training from the
Association of Boxing Commissions, licensure with other regulatory bodies, three
professional references, or a log of bouts worked.
new text end
new text begin
(d) Before the commissioner issues a license to a ringside physician, the applicant must
submit proof that they are licensed to practice medicine in the state of Minnesota and in
good standing.
new text end
Sec. 8.
Minnesota Statutes 2020, section 341.32, subdivision 2, is amended to read:
Subd. 2.
Expiration and application.
Licenses expire annually on deleted text begin December 31deleted text end new text begin June
30new text end . A license may be applied for each year by filing an application for licensure and satisfying
all licensure requirements established in section 341.30, and submitting payment of the
license fees established in section 341.321. An application for a license and renewal of a
license must be on a form provided by the commissioner.new text begin Any license received or renewed
in the year 2022 shall be valid until June 30, 2023.
new text end
Sec. 9.
Minnesota Statutes 2020, section 341.321, is amended to read:
341.321 FEE SCHEDULE.
(a) The fee schedule for professional and amateur licenses issued by the commissioner
is as follows:
(1) referees, $25;
(2) promoters, $700;
(3) judges and knockdown judges, $25;
(4) trainers and seconds, $80;
(5) timekeepers, $25;
(6) professional combatants, $70;
(7) amateur combatants, $50; and
(8) ringside physicians, $25.
deleted text begin License fees for promoters are due at least six weeks prior to the combative sport contest.deleted text end
All deleted text begin otherdeleted text end license fees shall be paid no later than the weigh-in prior to the contest. No license
may be issued until all prelicensure requirements new text begin outlined in section 341.30 new text end are satisfied
and fees are paid.
(b) deleted text begin The commissioner shall establish a contest fee for each combative sport contest and
shall consider the size and type of venue when establishing a contest fee. Thedeleted text end new text begin A promoter
or event organizer of an event regulated by the Department of Labor and Industry must pay,
per event, anew text end combative sport contest fee deleted text begin isdeleted text end new text begin ofnew text end $1,500 deleted text begin per eventdeleted text end or deleted text begin not more thandeleted text end four percent
of the gross ticket sales, whichever is greaterdeleted text begin , as determined by the commissioner when the
combative sport contest is scheduleddeleted text end .new text begin The fee must be paid as follows:
new text end
deleted text begin
(c) A professional or amateur combative sport contest fee is nonrefundable and shall be
paid as follows:
deleted text end
(1) $500 deleted text begin at the timedeleted text end new text begin is due whennew text end the combative sport contest is scheduled; deleted text begin and
deleted text end
(2) $1,000 new text begin is due new text end at the weigh-in prior to the contestdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) if four percent of the gross ticket sales is greater than $1,500, the balance is due to
the commissioner within 14 days of the completed contest; and
new text end
new text begin
(4) the face value of all complimentary tickets distributed for an event, to the extent they
exceed 15 percent of total event attendance, count toward gross tickets sales for the purposes
of determining a combative sport contest fee.
new text end
deleted text begin
If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within seven days of the completed contest.
deleted text end
deleted text begin
(d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
deleted text end
deleted text begin (e)deleted text end new text begin (c)new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.
Sec. 10.
new text begin
[341.322] PAYMENT SCHEDULE.
new text end
new text begin
The commissioner may establish a schedule of fees to be paid by a promoter to referees,
judges and knockdown judges, timekeepers, and ringside physicians.
new text end
Sec. 11.
new text begin
[341.323] EVENT APPROVAL.
new text end
new text begin Subdivision 1. new text end
new text begin Preapproval documentation. new text end
new text begin
Before the commissioner approves a
combative sport contest, the promoter shall:
new text end
new text begin
(1) provide the commissioner, at least six weeks before the combative sport contest is
scheduled to occur, information about the time, date, and location of the contest;
new text end
new text begin
(2) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, with a copy of any agreement between a combatant and the promoter
that binds the promoter to pay the combatant a certain fixed fee or percentage of the gate
receipts;
new text end
new text begin
(3) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, with a copy or other proof acceptable to the commissioner of the
insurance contract or policy required by this chapter; and
new text end
new text begin
(4) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, proof acceptable to the commissioner that the promoter will provide,
at the cost of the promoter, at least one uniformed security guard or uniformed off-duty
member of law enforcement to provide security at any event regulated by the Department
of Labor and Industry. The commissioner may require a promoter to take additional security
measures to ensure the safety of participants and spectators at an event.
new text end
new text begin Subd. 2. new text end
new text begin Proper licensure. new text end
new text begin
Before the commissioner approves a combative sport contest,
the commissioner must ensure that the promoter is properly licensed under this chapter.
The promoter must maintain proper licensure from the time the promoter schedules a
combative sport contest through the date of the contest.
new text end
new text begin Subd. 3. new text end
new text begin Discretion. new text end
new text begin
Nothing in this section limits the commissioner's discretion in
deciding whether to approve a combative sport contest or event.
new text end
Sec. 12.
new text begin
[341.324] AMBULANCE.
new text end
new text begin
A promoter must ensure, at the cost of the promoter, that an ambulance and two
emergency medical technicians are on the premises during a combative sport contest.
new text end
Sec. 13.
Minnesota Statutes 2020, section 341.33, is amended to read:
341.33 PHYSICAL EXAMINATION REQUIRED; FEES.
Subdivision 1.
Examination by physician.
All combatants must be examined by a
physician licensed by this state within 36 hours before entering the ring, and the examining
physician shall immediately file with the commissioner a written report of the examination.
new text begin Each female combatant shall take and submit a negative pregnancy test as part of the
examination. new text end The physician's examination may report on the condition of the combatant's
heart and general physical and general neurological condition. The physician's report may
record the condition of the combatant's nervous system and brain as required by the
commissioner. The physician may prohibit the combatant from entering the ring if, in the
physician's professional opinion, it is in the best interest of the combatant's health. The cost
of the examination is payable by the promoter conducting the contest or exhibition.
Subd. 2.
Attendance of physician.
A promoter holding or sponsoring a combative sport
contest shall have in attendance a physician licensed by deleted text begin thisdeleted text end new text begin thenew text end statenew text begin of Minnesotanew text end . deleted text begin The
commissioner may establish a schedule of fees to be paid to each attending physician by
the promoter holding or sponsoring the contest.
deleted text end
Sec. 14.
new text begin
[341.345] CHALLENGING THE OUTCOME OF A COMBATIVE SPORT
CONTEST.
new text end
new text begin Subdivision 1. new text end
new text begin Challenge. new text end
new text begin
(a) If a combatant disagrees with the outcome of a combative
sport contest regulated by the Department of Labor and Industry in which the combatant
participated, the combatant may challenge the outcome.
new text end
new text begin
(b) If a third party makes a challenge on behalf of a combatant, the third party must
provide written confirmation that they are authorized to make the challenge on behalf of
the combatant. The written confirmation must contain the combatant's signature and must
be submitted with the challenge.
new text end
new text begin Subd. 2. new text end
new text begin Form. new text end
new text begin
A challenge must be submitted on a form prescribed by the commissioner,
set forth all relevant facts and the basis for the challenge, and state what remedy is being
sought. A combatant may submit photos, videos, documents, or any other evidence the
combatant would like the commissioner to consider in connection to the challenge. A
combatant may challenge the outcome of a contest only if it is alleged that:
new text end
new text begin
(1) the referee made an incorrect call or missed a rule violation that directly affected the
outcome of the contest;
new text end
new text begin
(2) there was collusion amongst officials to affect the outcome of the contest; or
new text end
new text begin
(3) scores were miscalculated.
new text end
new text begin Subd. 3. new text end
new text begin Timing. new text end
new text begin
(a) A challenge must be submitted within ten days of the contest.
new text end
new text begin
(b) For purposes of this subdivision, the day of the contest shall not count toward the
ten-day period. If the tenth day falls on a Saturday, Sunday, or legal holiday, then a combatant
shall have until the next day that is not a Saturday, Sunday, or legal holiday to submit a
challenge.
new text end
new text begin
(c) The challenge must be submitted to the commissioner at the address, fax number, or
e-mail address designated on the commissioner's website. The date on which a challenge
is submitted by mail shall be the postmark date on the envelope in which the challenge is
mailed. If the challenge is faxed or e-mailed, it must be received by the commissioner by
4:30 p.m. central time on the day the challenge is due.
new text end
new text begin Subd. 4. new text end
new text begin Opponent's response. new text end
new text begin
If the requirements of subdivisions 1 to 3 are met, the
commissioner shall send a complete copy of the challenge documents, along with any
supporting materials submitted, to the opposing combatant by mail, fax, or e-mail. The
opposing combatant shall have 14 days from the date the commissioner sends the challenge
and supporting materials to submit a response to the commissioner. Additional response
time is not added when the commissioner sends the challenge to the opposing combatant
by mail. The opposing combatant may submit photos, videos, documents, or any other
evidence the opposing combatant would like the commissioner to consider in connection
to the challenge. The response must be submitted to the commissioner at the address, fax
number, or e-mail address designated on the commissioner's website. The date on which a
response is submitted by mail shall be the postmark date on the envelope in which the
response is mailed. If the response is faxed or e-mailed, it must be received by the
commissioner by 4:30 p.m. central time on the day the response is due.
new text end
new text begin Subd. 5. new text end
new text begin Licensed official review. new text end
new text begin
The commissioner may, if the commissioner
determines it would be helpful in resolving the issues raised in the challenge, send a complete
copy of the challenge or response, along with any supporting materials submitted, to any
licensed official involved in the combative sport contest at issue by mail, fax, or e-mail and
request their views on the issues raised in the challenge.
new text end
new text begin Subd. 6. new text end
new text begin Order. new text end
new text begin
The commissioner shall issue an order on the challenge within 60 days
after receiving the opposing combatant's response. If the opposing combatant does not
submit a response, the commissioner shall issue an order on the challenge within 75 days
after receiving the challenge.
new text end
new text begin Subd. 7. new text end
new text begin Nonacceptance. new text end
new text begin
If the requirements of subdivisions 1 to 3 are not met, the
commissioner must not accept the challenge and may send correspondence to the person
who submitted the challenge stating the reasons for nonacceptance of the challenge. A
combatant has no further appeal rights if the combatant's challenge is not accepted by the
commissioner.
new text end
new text begin Subd. 8. new text end
new text begin Administrative hearing. new text end
new text begin
After the commissioner issues an order under
subdivision 6, each combatant, under section 326B.082, subdivision 8, has 30 days after
service of the order to submit a request for hearing before an administrative law judge.
new text end
Sec. 15.
Minnesota Statutes 2020, section 341.355, is amended to read:
341.355 CIVIL PENALTIES.
When the commissioner finds that a person has violated one or more provisions of any
statute, rule, or order that the commissioner is empowered to regulate, enforce, or issue, the
commissioner may impose, for each violation, a civil penalty of up to $10,000 for each
violation, or a civil penalty that deprives the person of any economic advantage gained by
the violation, or both.new text begin The commissioner may also impose these penalties against a person
who has violated section 341.28, subdivision 4, paragraph (b) or (c).
new text end
ARTICLE 10
PUBLIC EMPLOYMENT RELATIONS BOARD
Section 1.
Minnesota Statutes 2020, section 13.43, subdivision 6, is amended to read:
Subd. 6.
Access by labor organizationsnew text begin , Bureau of Mediation Services, Public
Employment Relations Boardnew text end .
Personnel data may be disseminated to labor organizations
new text begin and the Public Employment Relations Board new text end to the extent that the responsible authority
determines that the dissemination is necessary to conduct elections, notify employees of
fair share fee assessments, and implement the provisions of chapters 179 and 179A. Personnel
data shall be disseminated to labor organizationsnew text begin , the Public Employment Relations Board,new text end
and deleted text begin todeleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Servicesnew text begin or the Public
Employment Relations Board or its designeenew text end .
Sec. 2.
new text begin
[13.7909] PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "board" means the Public
Employment Relations Board.
new text end
new text begin Subd. 2. new text end
new text begin Nonpublic data. new text end
new text begin
(a) Except as provided in this subdivision, all data maintained
by the board about a charge or complaint of unfair labor practices and appeals of
determinations of the commissioner under section 179A.12, subdivision 11, are classified
as protected nonpublic data or confidential data, and become public when admitted into
evidence at a hearing conducted pursuant to section 179A.13. The data may be subject to
a protective order as determined by the board or a hearing officer.
new text end
new text begin
(b) Notwithstanding sections 13.43 and 181.932, the following data are public:
new text end
new text begin
(1) the filing date of unfair labor practice charges;
new text end
new text begin
(2) the status of unfair labor practice charges as an original or amended charge;
new text end
new text begin
(3) the names and job classifications of charging parties and charged parties;
new text end
new text begin
(4) the provisions of law alleged to have been violated in unfair labor practice charges;
new text end
new text begin
(5) the complaint issued by the board and all data in the complaint;
new text end
new text begin
(6) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs,
unless subject to a protective order;
new text end
new text begin
(7) recommended decisions and orders of hearing officers pursuant to section 179A.13,
subdivision 1, paragraph (i);
new text end
new text begin
(8) exceptions to the hearing officer's recommended decision and order filed with the
board pursuant to section 179A.13, subdivision 1, paragraph (k);
new text end
new text begin
(9) briefs filed with the board; and
new text end
new text begin
(10) decisions and orders issued by the board.
new text end
new text begin
(c) Notwithstanding paragraph (a), individuals have access to their own statements
provided to the board under paragraph (a).
new text end
new text begin
(d) The board may make any data classified as protected nonpublic or confidential
pursuant to this subdivision accessible to any person or party if the access will aid the
implementation of chapters 179 and 179A or ensure due process protection of the parties.
new text end
Sec. 3.
Minnesota Statutes 2020, section 179A.041, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Open meetings. new text end
new text begin
Chapter 13D does not apply to meetings of the board when
it is deliberating on the merits of unfair labor practice charges under sections 179.11, 179.12,
and 179A.13; reviewing a recommended decision and order of a hearing officer under
section 179A.13; or reviewing decisions of the commissioner of the Bureau of Mediation
Services relating to unfair labor practices under section 179A.12, subdivision 11.
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. 4. new text begin PUBLIC EMPLOYMENT RELATIONS BOARD.
new text end
new text begin
Notwithstanding any other law to the contrary, Laws 2014, chapter 211, sections 1 to 3
and 6 to 11, as amended by Laws 2015, First Special Session chapter 1, article 7, section
1; Laws 2016, chapter 189, article 7, section 42; Laws 2017, chapter 94, article 12, section
1; and Laws 2021, First Special Session chapter 10, article 3, section 19, are effective the
day following final enactment and apply to any claims brought on or after that date. From
July 1, 2021, until the day following final enactment, the district court of the county in
which the practice is alleged to have occurred retains jurisdiction over any action by any
employee, employer, employee or employer organization, exclusive representative, or any
other person or organization aggrieved by an unfair labor practice as defined in Minnesota
Statutes, section 179A.13.
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 11
REFINERY SAFETY
Section 1.
Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
Subd. 4.
Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin anddeleted text end 181.939 to 181.943, new text begin and 181.987, new text end or with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435new text begin or 181.987new text end if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435new text begin or 181.987new text end and the order is final or the
commissioner and the employer have entered into a settlement agreement that required the
employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 15, 2022.
new text end
Sec. 2.
new text begin
[181.987] USE OF SKILLED AND TRAINED CONTRACTOR
WORKFORCES AT PETROLEUM REFINERIES.
new text end
new text begin Subdivision 1. 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) "Contractor" means a vendor that enters into or seeks to enter into a contract with
an owner or operator of a petroleum refinery to perform construction, alteration, demolition,
installation, repair, maintenance, or hazardous material handling work at the site of the
petroleum refinery. Contractor includes all contractors or subcontractors of any tier
performing work as described in this paragraph at the site of the petroleum refinery.
Contractor does not include employees of the owner or operator of a petroleum refinery.
new text end
new text begin
(c) "Registered apprenticeship program" means an apprenticeship program providing
each trainee with combined classroom and on-the-job training under the direct and close
supervision of a highly skilled worker in an occupation recognized as an apprenticeable
occupation registered with the Department of Labor and Industry under chapter 178 or with
the United States Department of Labor Office of Apprenticeship or a recognized state
apprenticeship agency under Code of Federal Regulations, title 29, parts 29 and 30.
new text end
new text begin
(d) "Skilled and trained workforce" means a workforce in which employees of the
contractor or subcontractor of any tier working at the site of the petroleum refinery meet
one of the following criteria:
new text end
new text begin
(1) are currently registered as apprentices in a registered apprenticeship program in the
applicable trade;
new text end
new text begin
(2) have graduated from a registered apprenticeship program in the applicable trade; or
new text end
new text begin
(3) have completed all of the classroom training and work hour requirements needed to
graduate from the registered apprenticeship program their employer participates in.
new text end
new text begin
(e) A contractor's workforce must meet the requirements of paragraph (d) according to
the following schedule:
new text end
new text begin
(1) 65 percent of the contractor's workforce by October 15, 2022;
new text end
new text begin
(2) 75 percent of the contractor's workforce by October 15, 2023; and
new text end
new text begin
(3) 85 percent of the contractor's workforce by October 15, 2024.
new text end
new text begin
(f) "Petroleum refinery" means a facility engaged in producing gasoline, kerosene,
distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of
petroleum or through redistillation, cracking, or reforming of unfinished petroleum
derivatives.
new text end
new text begin
(g) "Apprenticeable occupation" means any trade, form of employment, or occupation
approved for apprenticeship by the United States secretary of labor or the commissioner of
labor and industry.
new text end
new text begin
(h) "Original equipment manufacturer" or "OEM" means an organization that
manufactures or fabricates equipment for sale directly to purchasers or other resellers.
new text end
new text begin Subd. 2. new text end
new text begin Use of contractors by owner, operator; requirement. new text end
new text begin
(a) An owner or operator
of a petroleum refinery shall, when contracting with contractors for the performance of
construction, alteration, demolition, installation, repair, maintenance, or hazardous material
handling work at the site of the petroleum refinery, require that the contractors performing
that work, and any subcontractors of any tier, use a skilled and trained workforce when
performing all work at the site of the petroleum refinery.
new text end
new text begin
(b) The requirement under this subdivision applies only when each contractor and
subcontractor of any tier is performing work at the site of the petroleum refinery.
new text end
new text begin
(c) This subdivision does not apply to contractors or subcontractors hired to perform
OEM work necessary to comply with equipment warranty requirements.
new text end
new text begin Subd. 3. new text end
new text begin Penalties. new text end
new text begin
The Division of Labor Standards shall receive complaints of violations
of this section. The commissioner of labor and industry shall fine an owner, operator,
contractor, or subcontractor of any tier not less than $5,000 nor more than $10,000 for each
violation of the requirements in this section. Each shift on which a violation of this section
occurs shall be considered a separate violation. This penalty is in addition to any penalties
provided under section 177.27, subdivision 7. In determining the amount of a civil penalty
under this subdivision, the appropriateness of the penalty to the size of the violator's business
and the gravity of the violation shall be considered.
new text end
new text begin Subd. 4. new text end
new text begin Civil actions. new text end
new text begin
A person injured by a violation of this section may bring a civil
action for damages against an owner or operator of a petroleum refinery. The court may
award to a prevailing plaintiff under this subdivision damages, attorney fees, costs,
disbursements, and any other appropriate relief as otherwise provided by law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 15, 2022.
new text end
ARTICLE 12
AGRICULTURAL WORKER WELLNESS
Section 1.
new text begin
[179.911] OMBUDSPERSON FOR THE SAFETY, HEALTH, AND
WELL-BEING OF AGRICULTURAL AND FOOD PROCESSING WORKERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Agricultural work" is defined broadly to include but is not limited to farming in all
its branches including dairy work; field production, cultivation, growing, and harvesting of
any agricultural or horticultural commodity; and raising livestock, bees, fur-bearing animals,
and poultry.
new text end
new text begin
(c) "Food processing" has the meaning given in section 181.635, subdivision 1, paragraph
(d). For the purposes of this section and section 179.912, food processing also includes
meatpacking and poultry processing.
new text end
new text begin Subd. 2. new text end
new text begin Appointment. new text end
new text begin
The governor shall appoint an ombudsperson for the safety,
health, and well-being of agricultural and food processing workers. The ombudsperson shall
serve in the unclassified service to assist agricultural and food processing workers with
housing, workplace safety, fair labor standards, and other challenges. The ombudsperson
must be selected without regard to the person's political affiliation. The ombudsperson shall
serve a term of four years, which may be renewed, and may be removed prior to the end of
the term for just cause.
new text end
new text begin Subd. 3. new text end
new text begin Qualifications. new text end
new text begin
The ombudsperson must be highly competent and qualified to
analyze questions of law, administration, and public policy regarding the safety, health, and
well-being of agricultural and food processing workers. The ombudsperson must have
knowledge and experience in the fields of workplace safety, housing, and fair labor standards.
The ombudsperson must be familiar with governmental entities and their roles, interpretation
of laws and regulations, record keeping, report writing, public speaking, and management.
In addition, the ombudsperson must have experience working with agricultural and food
processing workers and must be knowledgeable about the needs and experiences of those
communities. No individual may serve as the ombudsperson for the safety, health, and
well-being of agricultural and food processing workers while running for or holding any
other public office. The ombudsperson must speak fluently in a language in addition to
English that is commonly used by agricultural and food processing workers.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
(a) The ombudsperson's duties shall include but are not limited to the
following:
new text end
new text begin
(1) creating and collecting educational materials in relevant languages to orient
agricultural and food processing workers about their rights under Minnesota laws and rules
and state services available to them;
new text end
new text begin
(2) outreach to agricultural and food processing stakeholders, including workers and
employers, to inform them of the services of the office in order to support workers in
navigating their concerns;
new text end
new text begin
(3) acting as a member of the Minnesota Migrant Services Consortium and having a
formal relationship with any other relevant and appropriate state committees, work groups,
or task forces engaged in work related to agricultural and food processing workers;
new text end
new text begin
(4) coordinating across state agencies to develop strategies to better assist agricultural
and food processing workers;
new text end
new text begin
(5) providing recommendations to state agencies for coordinated communication strategies
to promote workplace safety, adequate housing, fair labor standards, and other issues for
agricultural and food processing workers;
new text end
new text begin
(6) offering accessible methods of contact, including telephone, text, and virtual
communication platforms, to answer questions, receive complaints, and discuss agency
actions with agricultural stakeholders; and
new text end
new text begin
(7) addressing complaints and requests for assistance related to workplace safety, housing,
labor standards, and other concerns by supporting agricultural stakeholders in navigating
regulatory authorities.
new text end
new text begin
(b) The ombudsperson must report to the commissioner annually by December 31 on
the services provided by the ombudsperson to agricultural and food processing workers,
including the number of stakeholders served and the activities of the ombudsperson in
carrying out the duties under this section. The commissioner shall determine the form of
the report and may specify additional reporting requirements.
new text end
new text begin Subd. 5. new text end
new text begin Complaints. new text end
new text begin
The ombudsperson may receive a complaint from any source
concerning an action of an agency, facility, or program. After completing a review, the
ombudsperson shall inform the complainant, agency, facility, or program.
new text end
new text begin Subd. 6. new text end
new text begin Access to records. new text end
new text begin
(a) The ombudsperson or designee, excluding volunteers,
has access to any data of a state agency necessary for the discharge of the ombudsperson's
duties, including records classified as confidential data on individuals or private data on
individuals under chapter 13 or any other law. The ombudsperson's data request must relate
to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an
individual, the ombudsperson or designee shall first obtain the individual's consent. If the
individual is unable to consent and has no parent or legal guardian, the ombudsperson's or
designee's access to the data is authorized by this section.
new text end
new text begin
(b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate
any private or confidential data on individuals unless specifically authorized by state, local,
or federal law or pursuant to a court order.
new text end
new text begin Subd. 7. new text end
new text begin Staff support. new text end
new text begin
The ombudsperson may appoint and compensate out of available
funds a confidential secretary in the unclassified service as authorized by law. The
ombudsperson and the ombudsperson's full-time staff are members of the Minnesota State
Retirement Association. The ombudsperson may delegate to staff members any authority
or duties of the office, except the duty to provide reports to the governor, commissioner, or
legislature.
new text end
new text begin Subd. 8. new text end
new text begin Independence of action. new text end
new text begin
In carrying out the duties under this section, the
ombudsperson may provide testimony to the legislature, make periodic reports to the
legislature, and address areas of concern to agricultural and food processing workers.
new text end
new text begin Subd. 9. new text end
new text begin Civil actions. new text end
new text begin
The ombudsperson and designees are not civilly liable for any
action taken under this section if the action was taken in good faith, was within the scope
of the ombudsperson's authority, and did not constitute willful or reckless misconduct.
new text end
new text begin Subd. 10. new text end
new text begin Posting. new text end
new text begin
(a) The commissioners of labor and industry, employment and
economic development, health, administration, and human rights shall post on their
departments' websites the mailing address, e-mail address, and telephone number for the
ombudsperson's office. The commissioners shall provide agricultural stakeholders with the
mailing address, e-mail address, and telephone number of the ombudsperson's office upon
request. Departmental programs or contractors providing services to agricultural stakeholders
must provide those stakeholders with the mailing address, e-mail address, and telephone
number of the ombudsperson's office upon request.
new text end
new text begin
(b) The ombudsperson must approve all postings and notices required by the departments
and counties under this subdivision.
new text end
Sec. 2.
new text begin
[179.912] AGRICULTURAL WORKER WELLNESS COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Agricultural Worker Wellness Committee established. new text end
new text begin
The Agricultural
Worker Wellness Committee is established to carry out the work of the committee established
by the governor's Executive Order No. 21-14. The commissioner of labor and industry shall
hire two full-time equivalent staff to support the committee.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "food processing" and "agricultural work" have the meanings given under section
179.911, subdivision 1; and
new text end
new text begin
(2) "musculoskeletal disorders" includes carpal tunnel syndrome, tendinitis, rotator cuff
injuries, trigger finger, epicondylitis, muscle strains, and lower back injuries.
new text end
new text begin Subd. 3. new text end
new text begin Membership. new text end
new text begin
(a) The committee shall consist of up to 21 voting members who
shall serve three-year terms including, at a minimum:
new text end
new text begin
(1) the commissioners of labor and industry, employment and economic development,
agriculture, health, and housing finance, or their designees; and
new text end
new text begin
(2) the following members appointed by the governor:
new text end
new text begin
(i) one representative from the Migrant Services Consortium;
new text end
new text begin
(ii) three representatives of agricultural employers;
new text end
new text begin
(iii) three at-large representatives from geographic regions of the state dependent on the
agricultural sector;
new text end
new text begin
(iv) three representatives of community-based organizations with expertise in agricultural
workers and communities;
new text end
new text begin
(v) three union representatives; and
new text end
new text begin
(vi) three representatives of local public health.
new text end
new text begin
(b) Other commissioners or their designees not named in paragraph (a), clause (1), may
serve on the board as nonvoting members.
new text end
new text begin Subd. 4. new text end
new text begin Membership terms; compensation. new text end
new text begin
(a) The governor shall make initial
appointments to the board by October 1, 2022. Initial appointees shall serve staggered terms
of three years or as determined by the secretary of state.
new text end
new text begin
(b) Members shall be compensated as provided in section 15.0575, subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin Chairs; other officers. new text end
new text begin
The commissioners of agriculture and labor and industry
or their designees shall serve as co-chairs of the committee. The committee may elect other
officers as necessary from its members.
new text end
new text begin Subd. 6. new text end
new text begin Committee responsibilities. new text end
new text begin
The committee shall:
new text end
new text begin
(1) analyze and recommend policies to address housing, workplace safety, including the
reduction and prevention of musculoskeletal disorders, and fair labor issues faced by migrant,
food processing, and meatpacking agricultural workers;
new text end
new text begin
(2) serve as an ongoing forum for the stakeholder groups represented on the committee
and coordinate state, local, and private partners' collaborative work to maintain a healthy
and equitable agricultural and food processing industry which is foundational to Minnesota's
economy; and
new text end
new text begin
(3) coordinate and support pandemic response and public health and safety initiatives,
including ergonomic hazard and risk prevention, as they affect agricultural and food
processing workers in upcoming growing, harvesting, and processing seasons.
new text end
new text begin Subd. 7. new text end
new text begin
Central inventory of reports and analyses on agricultural and food
processing workers.
new text end
new text begin
Within available appropriations and in collaboration with stakeholders,
the committee shall work to establish a central inventory of data reports and analyses
regarding agricultural and food processing workers, including demographic information
and definitions of agricultural and food processing workers to help policymakers in state
and local government agencies, stakeholders, and the public to understand the population
needs and assets and to advance state and local initiatives.
new text end
new text begin Subd. 8. new text end
new text begin Report to legislature and governor. new text end
new text begin
The committee shall present to the
governor and chairs and ranking minority members of the legislative committees with
jurisdiction over labor and agriculture an annual work plan and report regarding its
accomplishments. Measurements of success must include tracking:
new text end
new text begin
(1) stakeholder engagement;
new text end
new text begin
(2) efficient and effective response to a pandemic or other disruptions of growing,
harvesting, and processing seasons;
new text end
new text begin
(3) increased coordination among governmental, employer, and advocacy organizations
connected to the agricultural and food processing industry; and
new text end
new text begin
(4) advancement of recommendations that strengthen the industry, including but not
limited to procedures to identify and eliminate ergonomic hazards and contributing risk
factors.
new text end
ARTICLE 13
EARNED SICK AND SAFE TIME
Section 1.
Minnesota Statutes 2020, section 181.942, subdivision 1, is amended to read:
Subdivision 1.
Comparable position.
(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.9413deleted text end new text begin sections 181.9445 to 181.9448new text end is entitled to return to employment in the employee's
former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a
layoff and the employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under a collective bargaining agreement, the employee is not entitled to reinstatement
in the former or comparable position. In such circumstances, the employee retains all rights
under the layoff and recall system, including a system under a collective bargaining
agreement, as if the employee had not taken the leave.
Sec. 2.
new text begin
[181.9445] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of section 177.50 and sections 181.9445
to 181.9447, the terms defined in this section have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of labor and industry
or authorized designee or representative.
new text end
new text begin Subd. 3. new text end
new text begin Domestic abuse. new text end
new text begin
"Domestic abuse" has the meaning given in section 518B.01.
new text end
new text begin Subd. 4. new text end
new text begin Earned sick and safe time. new text end
new text begin
"Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under section 181.9447.
new text end
new text begin Subd. 5. new text end
new text begin Employee. new text end
new text begin
"Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include:
new text end
new text begin
(1) an independent contractor; or
new text end
new text begin
(2) an individual employed by an air carrier as a flight deck or cabin crew member who
is subject to United States Code, title 45, sections 181 to 188, and who is provided with
paid leave equal to or exceeding the amounts in section 181.9446.
new text end
new text begin Subd. 6. new text end
new text begin Employer. new text end
new text begin
"Employer" means a person who has one or more employees.
Employer includes an individual, a corporation, a partnership, an association, a business
trust, a nonprofit organization, a group of persons, a state, county, town, city, school district,
or other governmental subdivision. In the event that a temporary employee is supplied by
a staffing agency, absent a contractual agreement stating otherwise, that individual shall be
an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445
to 181.9448.
new text end
new text begin Subd. 7. new text end
new text begin Family member. new text end
new text begin
"Family member" means:
new text end
new text begin
(1) an employee's:
new text end
new text begin
(i) child, foster child, adult child, legal ward, or child for whom the employee is legal
guardian;
new text end
new text begin
(ii) spouse or registered domestic partner;
new text end
new text begin
(iii) sibling, stepsibling, or foster sibling;
new text end
new text begin
(iv) parent or stepparent;
new text end
new text begin
(v) grandchild, foster grandchild, or stepgrandchild; or
new text end
new text begin
(vi) grandparent or stepgrandparent;
new text end
new text begin
(2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
new text end
new text begin
(3) any individual related by blood or affinity whose close association with the employee
is the equivalent of a family relationship; and
new text end
new text begin
(4) up to one individual annually designated by the employee.
new text end
new text begin Subd. 8. new text end
new text begin Health care professional. new text end
new text begin
"Health care professional" means any person licensed
under federal or state law to provide medical or emergency services, including doctors,
physician assistants, nurses, and emergency room personnel.
new text end
new text begin Subd. 9. new text end
new text begin Prevailing wage rate. new text end
new text begin
"Prevailing wage rate" has the meaning given in section
177.42 and as calculated by the Department of Labor and Industry.
new text end
new text begin Subd. 10. new text end
new text begin Retaliatory personnel action. new text end
new text begin
"Retaliatory personnel action" means:
new text end
new text begin
(1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse
employment action, including discipline, discharge, suspension, transfer, or reassignment
to a lesser position in terms of job classification, job security, or other condition of
employment; reduction in pay or hours or denial of additional hours; the accumulation of
points under an attendance point system; informing another employer that the person has
engaged in activities protected by this chapter; or reporting or threatening to report the actual
or suspected citizenship or immigration status of an employee, former employee, or family
member of an employee to a federal, state, or local agency; and
new text end
new text begin
(2) interference with or punishment for participating in any manner in an investigation,
proceeding, or hearing under this chapter.
new text end
new text begin Subd. 11. new text end
new text begin Sexual assault. new text end
new text begin
"Sexual assault" means an act that constitutes a violation
under sections 609.342 to 609.3453 or 609.352.
new text end
new text begin Subd. 12. new text end
new text begin Stalking. new text end
new text begin
"Stalking" has the meaning given in section 609.749.
new text end
new text begin Subd. 13. new text end
new text begin Year. new text end
new text begin
"Year" means a regular and consecutive 12-month period, as determined
by an employer and clearly communicated to each employee of that employer.
new text end
Sec. 3.
new text begin
[181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.
new text end
new text begin
(a) An employee accrues a minimum of one hour of earned sick and safe time for every
30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.
new text end
new text begin
(b) Employers must permit an employee to carry over accrued but unused sick and safe
time into the following year. The total amount of accrued but unused earned sick and safe
time for an employee must not exceed 80 hours at any time, unless an employer agrees to
a higher amount.
new text end
new text begin
(c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
to work 40 hours in each workweek for purposes of accruing earned sick and safe time,
except that an employee whose normal workweek is less than 40 hours will accrue earned
sick and safe time based on the normal workweek.
new text end
new text begin
(d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
new text end
new text begin
(e) Employees may use accrued earned sick and safe time beginning 90 calendar days
after the day their employment commenced. After 90 days from the day employment
commenced, employees may use earned sick and safe time as it is accrued. The
90-calendar-day period under this paragraph includes both days worked and days not worked.
new text end
Sec. 4.
new text begin
[181.9447] USE OF EARNED SICK AND SAFE TIME.
new text end
new text begin Subdivision 1. new text end
new text begin Eligible use. new text end
new text begin
An employee may use accrued earned sick and safe time
for:
new text end
new text begin
(1) an employee's:
new text end
new text begin
(i) mental or physical illness, injury, or other health condition;
new text end
new text begin
(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; or
new text end
new text begin
(iii) need for preventive medical or health care;
new text end
new text begin
(2) care of a family member:
new text end
new text begin
(i) with a mental or physical illness, injury, or other health condition;
new text end
new text begin
(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or other health condition; or
new text end
new text begin
(iii) who needs preventive medical or health care;
new text end
new text begin
(3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
new text end
new text begin
(i) seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
new text end
new text begin
(ii) obtain services from a victim services organization;
new text end
new text begin
(iii) obtain psychological or other counseling;
new text end
new text begin
(iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
new text end
new text begin
(v) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking;
new text end
new text begin
(4) closure of the employee's place of business due to weather or other public emergency
or an employee's need to care for a family member whose school or place of care has been
closed due to weather or other public emergency; and
new text end
new text begin
(5) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
new text end
new text begin Subd. 2. new text end
new text begin Notice. new text end
new text begin
An employer may require notice of the need for use of earned sick and
safe time as provided in this paragraph. If the need for use is foreseeable, an employer may
require advance notice of the intention to use earned sick and safe time but must not require
more than seven days' advance notice. If the need is unforeseeable, an employer may require
an employee to give notice of the need for earned sick and safe time as soon as practicable.
new text end
new text begin Subd. 3. new text end
new text begin Documentation. new text end
new text begin
When an employee uses earned sick and safe time for more
than three consecutive days, an employer may require reasonable documentation that the
earned sick and safe time is covered by subdivision 1. For earned sick and safe time under
subdivision 1, clauses (1) and (2), reasonable documentation may include a signed statement
by a health care professional indicating the need for use of earned sick and safe time. For
earned sick and safe time under subdivision 1, clause (3), an employer must accept a court
record or documentation signed by a volunteer or employee of a victims services organization,
an attorney, a police officer, or an antiviolence counselor as reasonable documentation. An
employer must not require disclosure of details relating to domestic abuse, sexual assault,
or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
new text end
new text begin Subd. 4. new text end
new text begin Replacement worker. new text end
new text begin
An employer may not require, as a condition of an
employee using earned sick and safe time, that the employee seek or find a replacement
worker to cover the hours the employee uses as earned sick and safe time.
new text end
new text begin Subd. 5. new text end
new text begin Increment of time used. new text end
new text begin
Earned sick and safe time may be used in the smallest
increment of time tracked by the employer's payroll system, provided such increment is not
more than four hours.
new text end
new text begin Subd. 6. new text end
new text begin Retaliation prohibited. new text end
new text begin
An employer shall not take retaliatory personnel action
against an employee because the employee has requested earned sick and safe time, used
earned sick and safe time, requested a statement of accrued sick and safe time, or made a
complaint or filed an action to enforce a right to earned sick and safe time under this section.
new text end
new text begin Subd. 7. new text end
new text begin Reinstatement to comparable position after leave. new text end
new text begin
An employee returning
from a leave under this section is entitled to return to employment in a comparable position.
If, during a leave under this section, the employer experiences a layoff and the employee
would have lost a position had the employee not been on leave, pursuant to the good faith
operation of a bona fide layoff and recall system, including a system under a collective
bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff
and recall system, including a system under a collective bargaining agreement, as if the
employee had not taken the leave.
new text end
new text begin Subd. 8. new text end
new text begin Pay and benefits after leave. new text end
new text begin
An employee returning from a leave under this
section is entitled to return to employment at the same rate of pay the employee had been
receiving when the leave commenced, plus any automatic adjustments in the employee's
pay scale that occurred during the leave period. The employee returning from a leave is
entitled to retain all accrued preleave benefits of employment and seniority as if there had
been no interruption in service, provided that nothing under this section prevents the accrual
of benefits or seniority during the leave pursuant to a collective bargaining or other agreement
between the employer and employees.
new text end
new text begin Subd. 9. new text end
new text begin Part-time return from leave. new text end
new text begin
An employee, by agreement with the employer,
may return to work part time during the leave period without forfeiting the right to return
to employment at the end of the leave, as provided under this section.
new text end
new text begin Subd. 10. new text end
new text begin Notice and posting by employer. new text end
new text begin
(a) Employers must give notice to all
employees that they are entitled to earned sick and safe time, including the amount of earned
sick and safe time, the accrual year for the employee, and the terms of its use under this
section; that retaliation against employees who request or use earned sick and safe time is
prohibited; and that each employee has the right to file a complaint or bring a civil action
if earned sick and safe time is denied by the employer or the employee is retaliated against
for requesting or using earned sick and safe time.
new text end
new text begin
(b) Employers must supply employees with a notice in English and other appropriate
languages that contains the information required in paragraph (a) at commencement of
employment or the effective date of this section, whichever is later.
new text end
new text begin
(c) The means used by the employer must be at least as effective as the following options
for providing notice:
new text end
new text begin
(1) posting a copy of the notice at each location where employees perform work and
where the notice must be readily observed and easily reviewed by all employees performing
work; or
new text end
new text begin
(2) providing a paper or electronic copy of the notice to employees.
new text end
new text begin
The notice must contain all information required under paragraph (a). The commissioner
shall create and make available to employers a poster and a model notice that contains the
information required under paragraph (a) for their use in complying with this section.
new text end
new text begin
(d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.
new text end
new text begin Subd. 11. new text end
new text begin Required statement to employee. new text end
new text begin
(a) Upon request of the employee, the
employer must provide, in writing or electronically, current information stating the
employee's amount of:
new text end
new text begin
(1) earned sick and safe time available to the employee; and
new text end
new text begin
(2) used earned sick and safe time.
new text end
new text begin
(b) Employers may choose a reasonable system for providing the information in paragraph
(a), including but not limited to listing information on each pay stub or developing an online
system where employees can access their own information.
new text end
new text begin Subd. 12. new text end
new text begin Employer records. new text end
new text begin
(a) Employers shall retain accurate records documenting
hours worked by employees and earned sick and safe time taken and comply with all
requirements under section 177.30.
new text end
new text begin
(b) An employer must allow an employee to inspect records required by this section and
relating to that employee at a reasonable time and place.
new text end
new text begin Subd. 13. new text end
new text begin Confidentiality and nondisclosure. new text end
new text begin
(a) If, in conjunction with this section,
an employer possesses:
new text end
new text begin
(1) health or medical information regarding an employee or an employee's family
member;
new text end
new text begin
(2) information pertaining to domestic abuse, sexual assault, or stalking;
new text end
new text begin
(3) information that the employee has requested or obtained leave under this section; or
new text end
new text begin
(4) any written or oral statement, documentation, record, or corroborating evidence
provided by the employee or an employee's family member, the employer must treat such
information as confidential.
new text end
new text begin
Information given by an employee may only be disclosed by an employer if the disclosure
is requested or consented to by the employee, when ordered by a court or administrative
agency, or when otherwise required by federal or state law.
new text end
new text begin
(b) Records and documents relating to medical certifications, recertifications, or medical
histories of employees or family members of employees created for purposes of section
177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records
separate from the usual personnel files. At the request of the employee, the employer must
destroy or return the records required by sections 181.9445 to 181.9448 that are older than
three years prior to the current calendar year.
new text end
new text begin
(c) Employers may not discriminate against any employee based on records created for
the purposes of section 177.50 or sections 181.9445 to 181.9448.
new text end
Sec. 5.
new text begin
[181.9448] EFFECT ON OTHER LAW OR POLICY.
new text end
new text begin Subdivision 1. new text end
new text begin No effect on more generous sick and safe time policies. new text end
new text begin
(a) Nothing
in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9447.
new text end
new text begin
(b) Nothing in sections 181.9445 to 181.9447 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
new text end
new text begin
(c) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that meets or exceeds, and does not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9448 are not required to provide additional earned sick and safe time.
new text end
new text begin
(d) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448
for construction industry employees by:
new text end
new text begin
(1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated
by the Department of Labor and Industry; or
new text end
new text begin
(2) paying at least the required rate established in a registered apprenticeship agreement
for apprentices registered with the Department of Labor and Industry.
new text end
new text begin
An employer electing this option is deemed to be in compliance with sections 181.9445 to
181.9448 for construction industry employees who receive either at least the prevailing
wage rate or the rate required in the applicable apprenticeship agreement regardless of
whether the employees are working on private or public projects.
new text end
new text begin
(e) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy
whereby employees may donate unused accrued sick and safe time to another employee.
new text end
new text begin
(f) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and
safe time to an employee before accrual by the employee.
new text end
new text begin Subd. 2. new text end
new text begin Termination; separation; transfer. new text end
new text begin
Sections 181.9445 to 181.9448 do not
require financial or other reimbursement to an employee from an employer upon the
employee's termination, resignation, retirement, or other separation from employment for
accrued earned sick and safe time that has not been used. If an employee is transferred to
a separate division, entity, or location, but remains employed by the same employer, the
employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
location and is entitled to use all earned sick and safe time as provided in sections 181.9445
to 181.9448. When there is a separation from employment and the employee is rehired
within 180 days of separation by the same employer, previously accrued earned sick and
safe time that had not been used must be reinstated. An employee is entitled to use accrued
earned sick and safe time and accrue additional earned sick and safe time at the
commencement of reemployment.
new text end
new text begin Subd. 3. new text end
new text begin Employer succession. new text end
new text begin
(a) When a different employer succeeds or takes the
place of an existing employer, all employees of the original employer who remain employed
by the successor employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick and safe
time previously accrued but not used.
new text end
new text begin
(b) If, at the time of transfer of the business, employees are terminated by the original
employer and hired within 30 days by the successor employer following the transfer, those
employees are entitled to all earned sick and safe time accrued but not used when employed
by the original employer, and are entitled to use all earned sick and safe time previously
accrued but not used.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 181.9413,
new text end
new text begin
is repealed.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective 180 days following final enactment.
new text end
ARTICLE 14
EARNED SICK AND SAFE TIME ENFORCEMENT
Section 1.
Minnesota Statutes 2020, section 177.27, subdivision 2, is amended to read:
Subd. 2.
Submission of records; penalty.
The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.
The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.
The commissioner may fine the employer up to deleted text begin $1,000deleted text end new text begin $10,000new text end for each failure to submit
or deliver records as required by this sectiondeleted text begin , and up to $5,000 for each repeated failuredeleted text end .
This penalty is in addition to any penalties provided under section 177.32, subdivision 1.
In determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer's business and the gravity of the violation shall be
considered.
Sec. 2.
Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
Subd. 4.
Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin anddeleted text end 181.939 to 181.943,new text begin and 181.9445 to 181.9448,new text end or
with any rule promulgated under section 177.28. The commissioner shall issue an order
requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 and the order is final or the commissioner and
the employer have entered into a settlement agreement that required the employer to pay
back wages that were required by sections 177.41 to 177.435. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.
Sec. 3.
Minnesota Statutes 2020, section 177.27, subdivision 7, is amended to read:
Subd. 7.
Employer liability.
If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, and compensatory damages, less any amount actually paid to the employee
by the employer, and for an additional equal amount as liquidated damages. Any employer
who is found by the commissioner to have repeatedly or willfully violated a section or
sections identified in subdivision 4 shall be subject to a civil penalty of up to deleted text begin $1,000 deleted text end new text begin $10,000
new text end for each violation for each employee. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered. In addition, the commissioner may order
the employer to reimburse the department and the attorney general for all appropriate
litigation and hearing costs expended in preparation for and in conducting the contested
case proceeding, unless payment of costs would impose extreme financial hardship on the
employer. If the employer is able to establish extreme financial hardship, then the
commissioner may order the employer to pay a percentage of the total costs that will not
cause extreme financial hardship. Costs include but are not limited to the costs of services
rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.
Sec. 4.
new text begin
[177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The definitions in section 181.9445 apply to this section.
new text end
new text begin Subd. 2. new text end
new text begin Rulemaking authority. new text end
new text begin
The commissioner may adopt rules to carry out the
purposes of this section and sections 181.9445 to 181.9448.
new text end
new text begin Subd. 3. new text end
new text begin Individual remedies. new text end
new text begin
In addition to any other remedies provided by law, a
person injured by a violation of sections 181.9445 to 181.9448 may bring a civil action to
recover general and special damages, along with costs, fees, and reasonable attorney fees,
and may receive injunctive and other equitable relief as determined by a court. An action
to recover damages under this subdivision must be commenced within three years of the
violation of sections 181.9445 to 181.9448 that caused the injury to the employee.
new text end
new text begin Subd. 4. new text end
new text begin Grants to community organizations. new text end
new text begin
The commissioner may make grants to
community organizations for the purpose of outreach to and education for employees
regarding their rights under sections 181.9445 to 181.9448. The community-based
organizations must be selected based on their experience, capacity, and relationships in
high-violation industries. The work under such a grant may include the creation and
administration of a statewide worker hotline.
new text end
new text begin Subd. 5. new text end
new text begin Report to legislature. new text end
new text begin
(a) The commissioner must submit an annual report to
the legislature, including to the chairs and ranking minority members of any relevant
legislative committee. The report must include but is not limited to:
new text end
new text begin
(1) a list of all violations of sections 181.9445 to 181.9448, including the employer
involved, and the nature of any violations; and
new text end
new text begin
(2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any
patterns by employer, industry, or county.
new text end
new text begin
(b) A report under this section must not include an employee's name or other identifying
information, any health or medical information regarding an employee or an employee's
family member, or any information pertaining to domestic abuse, sexual assault, or stalking
of an employee or an employee's family member.
new text end
new text begin Subd. 6. new text end
new text begin Contract for labor or services. new text end
new text begin
It is the responsibility of all employers to not
enter into any contract or agreement for labor or services where the employer has any actual
knowledge or knowledge arising from familiarity with the normal facts and circumstances
of the business activity engaged in, or has any additional facts or information that, taken
together, would make a reasonably prudent person undertake to inquire whether, taken
together, the contractor is not complying or has failed to comply with this section. For
purposes of this subdivision, "actual knowledge" means information obtained by the employer
that the contractor has violated this section within the past two years and has failed to present
the employer with credible evidence that such noncompliance has been cured going forward.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective 180 days after final enactment.
new text end
ARTICLE 15
WAREHOUSE DISTRIBUTION WORKER SAFETY
Section 1.
new text begin
[182.6526] WAREHOUSE DISTRIBUTION WORKER SAFETY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The terms defined in this subdivision have the meanings
given them.
new text end
new text begin
(b) "Commissioner" means the commissioner of labor and industry.
new text end
new text begin
(c) "Employee" means a nonexempt employee who works at a warehouse distribution
center.
new text end
new text begin
(d) "Employee work speed data" means information an employer collects, stores, analyzes,
or interprets relating to an individual employee's or group of employees' pace of work,
including but not limited to quantities of tasks performed, quantities of items or materials
handled or produced, rates or speeds of tasks performed, measurements or metrics of
employee performance in relation to a quota, and time categorized as performing tasks or
not performing tasks.
new text end
new text begin
(e) "Employer" means a person who directly or indirectly, or through an agent or any
other person, including through the services of a third-party employer, temporary service,
or staffing agency or similar entity, employs or exercises control over the wages, hours, or
working conditions of 250 or more employees at a single warehouse distribution center or
1,000 or more employees at one or more warehouse distribution centers in the state. For
purposes of this paragraph, all employees of an employer's unitary business, as that term is
defined in section 290.17, subdivision 4, shall be counted in determining the number of
employees employed at a single warehouse distribution center or at one or more warehouse
distribution centers in the state.
new text end
new text begin
(f) "Warehouse distribution center" means an establishment as defined by any of the
following North American Industry Classification System (NAICS) codes:
new text end
new text begin
(1) 493110 for General Warehousing and Storage;
new text end
new text begin
(2) 423 for Merchant Wholesalers, Durable Goods;
new text end
new text begin
(3) 424 for Merchant Wholesalers, Nondurable Goods;
new text end
new text begin
(4) 454110 for Electronic Shopping and Mail-Order Houses; and
new text end
new text begin
(5) 492110 for Couriers and Express Delivery Services.
new text end
new text begin
(g) "Quota" means a work standard under which:
new text end
new text begin
(1) an employee or group of employees is assigned or required to perform at a specified
productivity speed, or perform a quantified number of tasks, or handle or produce a quantified
amount of material, or perform without a certain number of errors or defects, as measured
at the individual or group level within a defined time period; or
new text end
new text begin
(2) an employee's actions are categorized between time performing tasks and not
performing tasks, and the employee's failure to complete a task performance standard or
recommendation may have an adverse impact on the employee's continued employment.
new text end
new text begin Subd. 2. new text end
new text begin Notice required. new text end
new text begin
(a) Each employer shall provide to each employee a written
description of each quota to which the employee is subject and how it is measured, including
the quantified number of tasks to be performed or materials to be produced or handled or
the limit on time categorized as not performing tasks, within the defined time period, and
any potential adverse employment action that could result from failure to meet the quota.
new text end
new text begin
(b) The written description must be understandable in plain language and in the
employee's language of preference.
new text end
new text begin
(c) The written description must be provided:
new text end
new text begin
(1) upon hire or within 30 days of the effective date of this section; and
new text end
new text begin
(2) no fewer than two working days prior to the effective date of any modification of
existing quotas.
new text end
new text begin
(d) An employer shall not take adverse employment action against an employee for
failure to meet a quota that has not been disclosed to the employee.
new text end
new text begin Subd. 3. new text end
new text begin Breaks. new text end
new text begin
An employee shall not be required to meet a quota that prevents
compliance with meal or rest or prayer periods, use of restroom facilities, including
reasonable travel time to and from restroom facilities as provided under section 177.253,
subdivision 1, or occupational health and safety standards under this chapter or Minnesota
Rules, chapter 5205. An employer shall not take adverse employment action against an
employee for failure to meet a quota that does not allow a worker to comply with meal or
rest or prayer periods, or occupational health and safety standards under this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Work speed data. new text end
new text begin
(a) Employees have the right to request orally or in writing
from any supervisor, and the employer shall provide within 72 hours, a written description
of each quota to which the employee is subject and a copy of the most recent 90 days of the
employee's own personal work speed data. The written description of each quota must meet
the requirements of subdivision 2, paragraph (b), and the employee work speed data must
be provided in a manner understandable to the employee. An employee can make a request
under this paragraph no more than four times per year.
new text end
new text begin
(b) If an employer disciplines an employee for failure to meet a quota, the employer
must, at the time of discipline, provide the employee with a written copy of the most recent
90 days of the employee's own personal work speed data. If an employer dismisses an
employee for any reason, they must, at the time of firing, provide the employee with a
written copy of the most recent 90 days of the employee's own personal work speed data.
An employer shall not retaliate against an employee for requesting data under this
subdivision.
new text end
new text begin Subd. 5. new text end
new text begin High rates of injury. new text end
new text begin
If a particular work site or employer is found to have an
employee incidence rate in a given year, based on data reported to the federal Occupational
Safety and Health Administration, of at least 30 percent higher than that year's average
incidence rate for the relevant NAICS code's nonfatal occupational injuries and illnesses
by industry and case types, released by the United States Bureau of Labor Statistics, the
commissioner shall open an investigation of violations under this section. The employer
must also hold its safety committee meetings as provided under section 182.676 monthly
until, for two consecutive years, the work site or employer does not have an employee
incidence rate 30 percent higher than the average yearly incidence rate for the relevant
NAICS code.
new text end
new text begin Subd. 6. new text end
new text begin Enforcement. new text end
new text begin
(a) Subdivision 2, paragraphs (a) to (c), subdivision 4, and
subdivision 5 shall be enforced by the commissioner under sections 182.66, 182.661, and
182.669. A violation of this section is subject to the penalties provided under sections
182.666 and 182.669.
new text end
new text begin
(b) A current or former employee aggrieved by a violation of this section may bring a
civil cause of action for damages and injunctive relief to obtain compliance with this section,
may receive other equitable relief as determined by a court, including reinstatement with
back pay, and may, upon prevailing in the action, recover costs and reasonable attorney
fees in that action. A cause of action under this section must be commenced within one year
of the date of injury.
new text end
new text begin
(c) Nothing in this section shall be construed to prevent local enforcement of occupational
health and safety standards that are more restrictive than this section.
new text end
Sec. 2. new text begin SEVERABILITY.
new text end
new text begin
If any provision of this act or the application thereof to any person or circumstance is
held invalid, the invalidity does not affect other provisions or applications of the act which
can be given effect without the invalid provision or application.
new text end
ARTICLE 16
COMMERCE APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. 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.
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 COMMERCE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
66,341,000 new text end |
||
new text begin
(a) $4,000,000 in fiscal year 2023 is for
deposit in the solar on public buildings grant
program account for the grant program
described in Minnesota Statutes, section
216C.377. This appropriation may not be used
to provide grants to public buildings located
within the electric service area of the electric
utility subject to Minnesota Statutes, section
116C.779. This is a onetime appropriation and
remains available until June 30, 2025.
new text end
new text begin
(b) $30,000,000 in fiscal year 2023 is to
provide grants to community action agencies
and other agencies to weatherize residences
and to install preweatherization measures in
residential buildings occupied by eligible
low-income households, as provided under
Minnesota Statutes, sections 216B.2403,
subdivision 5; 216B.241, subdivision 7; and
216C.264. Of this amount:
new text end
new text begin
(1) up to ten percent may be used to
supplement utility spending on
preweatherization measures as part of a
low-income conservation program; and
new text end
new text begin
(2) up to ten percent may be used to:
new text end
new text begin
(i) recruit and train energy auditors and
installers of weatherization assistance services;
and
new text end
new text begin
(ii) provide financial incentives to contractors
and workers who install weatherization
assistance services.
new text end
new text begin
The base in fiscal year 2024 is $15,000,000
and the base in fiscal year 2025 is
$15,000,000.
new text end
new text begin
For the purposes of this paragraph:
new text end
new text begin
(A) "low-income conservation program"
means a utility program that offers energy
conservation services to low-income
households as part of the utility's energy
conservation and optimization plan under
Minnesota Statutes, section 216B.2403,
subdivision 5, or 216B.241, subdivision 7;
new text end
new text begin
(B) "preweatherization measure" has the
meaning given in Minnesota Statutes, section
216B.2402, subdivision 20;
new text end
new text begin
(C) "weatherization assistance program"
means the federal program described in Code
of Federal Regulations, title 10, part 440 et
seq., designed to assist low-income households
to reduce energy use in a cost-effective
manner; and
new text end
new text begin
(D) "weatherization assistance services" means
the energy conservation measures installed in
households under the weatherization assistance
program and under utility low-income
conservation programs.
new text end
new text begin
(c) $2,195,000 in fiscal year 2023 is for
residential electric panel upgrade grants under
Minnesota Statutes, section 216C.45, and to
pay the reasonable costs incurred by the
department to administer Minnesota Statutes,
section 216C.45. This is a onetime
appropriation and is available until June 30,
2025.
new text end
new text begin
(d) $500,000 in fiscal year 2023 is to award
grants to auto dealers to seek certification from
electric vehicle manufacturers to sell electric
vehicles under Minnesota Statutes, section
216C.402. This is a onetime appropriation and
is available until June 30, 2025.
new text end
new text begin
(e) $3,000,000 in fiscal year 2023 is for grants
under the solar for schools program
established in Minnesota Statutes, section
216C.375. This is a onetime appropriation and
is available until June 30, 2025.
new text end
new text begin
(f) $10,000,000 in fiscal year 2023 is for
deposit in the state competitiveness account
established in Minnesota Statutes, section
216C.391, to leverage federal formula and
competitive funds for energy-related
infrastructure and clean energy investments
in Minnesota. This is a onetime appropriation
and is available until June 30, 2034.
new text end
new text begin
(g) $5,000,000 in fiscal year 2023 is for grants
from the energy alley start-up fund established
in Minnesota Statutes, section 216C.46, to
businesses developing decarbonization
technologies. This is a onetime appropriation
and is available until June 30, 2025.
new text end
new text begin
(h) $500,000 in fiscal year 2023 is to install a
network of electric vehicle charging stations
in public parking facilities in county
government centers. This is a onetime
appropriation and is available until June 30,
2025.
new text end
new text begin
(i) $531,000 in fiscal year 2023 is to develop
an energy benchmarking program under which
building owners report the energy use of
certain types of buildings under Minnesota
Statutes, section 216C.331. This is a onetime
appropriation and is available until June 30,
2024.
new text end
new text begin
(j) $109,000 in fiscal year 2023 is for
participation in customer disputes before the
Minnesota Public Utilities Commission under
the consumer dispute process established in
Minnesota Statutes, section 216B.172.
new text end
new text begin
(k) $35,000 in fiscal year 2023 is to participate
in the participant compensation process under
Minnesota Statutes, section 216B.631.
new text end
new text begin
(l) $10,000,000 in fiscal year 2023 is for a
grant to the Minnesota Innovation Finance
Authority for organizational start-up costs and
for the purposes of Minnesota Statutes, section
216C.441. The commissioner of commerce is
the fiscal agent for the grant and shall establish
reporting requirements with respect to
activities and expenditures of the authority.
This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(m) $141,000 in fiscal year 2023 is for
participation in proceedings of the Minnesota
Public Utilities Commission regarding energy
storage systems under Minnesota Statutes,
sections 216B.1616 and 216C.378.
new text end
new text begin
(n) $70,000 in fiscal year 2023 is for
participation in Minnesota Public Utilities
Commission proceedings regarding utility
transportation electrification plans under
Minnesota Statutes, section 216B.1615.
new text end
new text begin
(o) $225,000 in fiscal year 2023 is for
participation in proceedings of the Minnesota
Public Utilities Commission regarding the
issuance of extraordinary event natural gas
utility bonds under Minnesota Statutes,
sections 216B.491 to 216B.499.
new text end
new text begin
(p) $35,000 in fiscal year 2023 is for
participation in proceedings of the Minnesota
Public Utilities Commission regarding utility
programs to deploy electric school buses under
Minnesota Statutes, section 216B.1617.
new text end
Sec. 3. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
637,000 new text end |
||
new text begin
(a) $234,000 in fiscal year 2023 is to
administer the customer dispute process
established in Minnesota Statutes, section
216B.172. The base for this appropriation in
fiscal year 2024 and thereafter is $228,000.
new text end
new text begin
(b) $32,000 in fiscal year 2023 is to administer
the participant compensation process under
Minnesota Statutes, section 216B.631.
new text end
new text begin
(c) $135,000 in fiscal year 2023 is for
commission proceedings regarding energy
storage systems under Minnesota Statutes,
sections 216B.1616 and 216C.378.
new text end
new text begin
(d) $32,000 is for the commission's review of
utility transportation electrification plans under
Minnesota Statutes, section 216B.1615.
new text end
new text begin
(e) $32,000 is for the commission's review of
utility electric school bus deployment
programs under Minnesota Statutes, section
216B.1617.
new text end
new text begin
(f) $172,000 is for the commission's
contracting with consultants with expertise in
securitized utilities customer-backed bond
financing under Minnesota Statutes, section
216B.494.
new text end
Sec. 4. new text begin DEPARTMENT OF EMPLOYMENT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,500,000 new text end |
||
new text begin
(a) $500,000 in fiscal year 2023 is to the
commissioner of employment and economic
development for a grant to Unidos MN
Education Fund and the New Justice Project
MN to address employment and economic
disparities for people of color, immigrant
communities, and low-income unemployed or
underemployed individuals. The money must
be used to support preapprenticeship and
workforce training, career development,
worker rights training, employment placement
and entrepreneurship support, related support
services, and the development of transferable
skills in high-demand fields related to
construction, clean energy, and energy
efficiency. Of this amount, 50 percent is for a
grant to Unidos MN Education Fund and 50
percent is for a grant to the New Justice
Project MN. This is a onetime appropriation
and is available until June 30, 2025.
new text end
new text begin
(b) $2,000,000 in fiscal year 2023 is to the
commissioner of employment and economic
development for the community energy
transition grant program under Minnesota
Statutes, section 116J.55. This is a onetime
appropriation and is available until June 30,
2025.
new text end
Sec. 5. new text begin POLLUTION CONTROL AGENCY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,300,000 new text end |
||
new text begin
(a) $300,000 in fiscal year 2023 is to the
commissioner of the Pollution Control Agency
for a report describing potential strategies to
reduce statewide greenhouse gas emissions in
order to comply with the state's greenhouse
gas emissions reduction goals established in
Minnesota Statutes, section 216H.02,
subdivision 1, and the 2030 emissions
reduction goal established by the United States
under the United Nations Framework
Convention on Climate Change, also known
as the Paris Agreement. This is a onetime
appropriation and is available until June 30,
2024.
new text end
new text begin
(b) $3,000,000 in fiscal year 2023 is to the
commissioner of the Pollution Control Agency
to award grants to political subdivisions to
encourage the formation of organizations and
plans to reduce contributions to and mitigate
the impacts of climate change. This is a
onetime appropriation and is available until
June 30, 2024.
new text end
Sec. 6. new text begin DEPARTMENT OF NATURAL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
4,100,000 new text end |
||
new text begin
$4,100,000 in fiscal year 2023 is to the
commissioner of natural resources for funding
the installation of electric vehicle charging
stations in public parking facilities located in
state and regional parks. This is a onetime
appropriation and is available until June 30,
2025.
new text end
Sec. 7. new text begin DEPARTMENT OF
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,181,000 new text end |
||
new text begin
(a) Notwithstanding any other law to the
contrary, including any law prohibiting the
servicing of vehicles or the conduct of private
business on the right-of-way of a trunk
highway, $2,100,000 in fiscal year 2023 is to
the commissioner of transportation for funding
the installation of electric vehicle charging
stations at highway safety rest areas. The
charging stations may be free or fee-based.
This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(b) $81,000 in fiscal year 2023 is to the
commissioner of transportation for
administrative work on the Buy Clean Task
Force to advise the commissioner of
administration on developing environmental
standards for state purchases of asphalt paving
materials. This is a onetime appropriation and
is available until June 30, 2024.
new text end
Sec. 8. 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
279,000 new text end |
||
new text begin
(a) $133,000 in fiscal year 2023 is to the
commissioner of labor and industry for
modifying the State Building Code to address
needs for electric vehicle charging in parking
facilities in new commercial and multifamily
buildings that provide on-site parking, as
described in Minnesota Statutes, section
326B.103. This is a onetime appropriation and
is available until June 30, 2024.
new text end
new text begin
(b) $146,000 in fiscal year 2023 is to the
commissioner of labor and industry to
implement new commercial energy codes, as
described in Minnesota Statutes, section
326B.106, subdivision 1. This is a onetime
appropriation and is available until June 30,
2025.
new text end
Sec. 9. new text begin DEPARTMENT OF
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
914,000 new text end |
||
new text begin
(a) $314,000 in fiscal year 2023 is to the
commissioner of administration to staff a task
force to advise the commissioner on
developing environmental standards for the
state's procurement of certain building
materials. This is a onetime appropriation and
is available until June 30, 2024.
new text end
new text begin
(b) $600,000 in fiscal year 2023 is for the
commissioner of administration to contract
with the Board of Regents of the University
of Minnesota for a grant to the Institute on the
Environment to conduct research examining
how projections of future weather trends may
exacerbate conditions such as drought,
elevated temperatures, and flooding that:
new text end
new text begin
(1) can be integrated into the design and
evaluation of buildings constructed by the state
of Minnesota and local units of government
so as to:
new text end
new text begin
(i) reduce energy costs by deploying
cost-effective energy efficiency measures,
innovative construction materials and
techniques, and renewable energy sources;
and
new text end
new text begin
(ii) prevent and minimize damage to buildings
caused by extreme weather conditions,
including but not limited to increased
frequency of intense precipitation events and
tornadoes, flooding, and elevated
temperatures; and
new text end
new text begin
(2) may weaken the ability of natural systems
to mitigate those conditions to the point where
human intervention in the form of building or
redesigning the scale and operation of
infrastructure is required to address those
conditions in order to:
new text end
new text begin
(i) maintain and increase the amount and
quality of food and wood production;
new text end
new text begin
(ii) reduce fire risk on forested land;
new text end
new text begin
(iii) maintain and enhance water quality; and
new text end
new text begin
(iv) maintain and enhance natural habitats.
new text end
new text begin
The contract must provide that, no later than
February 1, 2025, the director of the Institute
on the Environment, or the director's designee,
submit a written report to the chairs and
ranking minority members of the legislative
committees with primary jurisdiction over
environment policy and capital investment
summarizing the findings and
recommendations of the research, including
any recommendations for policy changes or
other legislation. This is a onetime
appropriation and is available until June 30,
2024.
new text end
Sec. 10. new text begin UNIVERSITY OF MINNESOTA
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,000,000 new text end |
||
new text begin
$1,000,000 in fiscal year 2023 is to the Board
of Regents of the University of Minnesota for
a program in the University of Minnesota
Extension Service that will enhance the
capacity of the state's agricultural sector, land
and resource managers, and communities to
plan for and adapt to weather extremes like
droughts and floods. This appropriation shall
be used to support existing extension service
staff members and to hire additional staff
members for a program with broad geographic
reach throughout the state. The program shall:
new text end
new text begin
(1) identify, develop, implement, and evaluate
educational programs that increase the
capacity of Minnesota's agricultural sector,
land and resource managers, and communities
to adapt and be prepared for projected physical
changes in temperature, precipitation, and
other weather parameters that affect crops,
lands, horticulture, pests, and wildlife in ways
that present challenges to the state's
agricultural sector and the communities that
depend on it; and
new text end
new text begin
(2) communicate and interpret the latest
research on critical weather trends and the
science behind them to further prepare
extension service staff throughout the state to
educate the agricultural sector, land and
resource managers, and community members
at the local level regarding technical
information on water resource management,
agriculture and forestry, engineering and
infrastructure design, and emergency
management that is necessary for the
development of strategies to mitigate the
effects of extreme weather change. This is a
onetime appropriation and is available until
June 30, 2025.
new text end
ARTICLE 17
RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
(a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable
development account in the special revenue fund established in Minnesota Statutes, section
116C.779, subdivision 1, 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.
new text end
new text begin
(b) If an appropriation in this article is enacted more than once in the 2022 regular or
special legislative session, the appropriation must be given effect only once.
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 COMMERCE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
42,221,000 new text end |
||
new text begin
(a) $5,000,000 in fiscal year 2023 is to operate
the grants for renewable integration and
demonstration program under Minnesota
Statutes, section 216C.47, to award grants to
businesses to develop decarbonization
technologies for commercialization.
new text end
new text begin
(b) $4,000,000 in fiscal year 2023 is to
implement a program that awards grants to
upgrade electrical panels in single-family and
multifamily residences under Minnesota
Statutes, section 216C.45. This is a onetime
appropriation and is available until June 30,
2025.
new text end
new text begin
(c) $3,000,000 in fiscal year 2023 is for
deposit in a contingency fund for disbursement
to the owner of a solar energy generating
system installed on land on the former Ford
Motor Company in St. Paul known as Area C.
Disbursement under this paragraph must occur
only if the Pollution Control Agency requires
actions to be taken to remediate contaminated
land at the site that requires the solar energy
generating system to be removed while
remediation takes place, as provided in
Minnesota Statutes, section 116C.7793. This
is a onetime appropriation.
new text end
new text begin
(d) $6,500,000 in fiscal year 2023 is for a
grant to the Independent School District No.
11, Anoka-Hennepin, to construct a
geothermal energy system at the Sorteberg
Early Childhood Center that uses the constant
temperature of the earth, in conjunction with
a heat pump, new HVAC system, and new
boilers, to provide space heating and cooling
to the building. This is a onetime appropriation
and is available until December 31, 2025.
new text end
new text begin
(e) The base for fiscal year 2024 is $531,000
to implement an energy benchmarking
program under which building owners report
certain types of buildings' annual energy use
under Minnesota Statutes, section 216C.331.
The base in fiscal year 2025 and thereafter is
$431,000.
new text end
new text begin
(f) $500,000 in fiscal year 2023 is to install a
network of electric vehicle charging stations
in public parking facilities located in county
government centers. This is a onetime
appropriation and is available until June 30,
2025. This appropriation may be expended
only in county government centers located
within the electric service area of the public
utility subject to Minnesota Statutes, section
116C.779.
new text end
new text begin
(g) $5,000,000 in fiscal year 2023 is to be
withheld by the public utility subject to
Minnesota Statutes, section 116C.779, from
deposit in the renewable development account,
as provided in Minnesota Statutes, section
116C.7792, for a financial incentive to install
solar energy generating systems under
Minnesota Statutes, section 116C.7792. The
amount to be withheld for this purpose in
fiscal year 2024 is $5,000,000 and in fiscal
year 2025 is $10,000,000.
new text end
new text begin
(h) $4,000,000 in fiscal year 2023 is for a
financial incentive for the installation of
energy storage systems under Minnesota
Statutes, section 216C.378.
new text end
new text begin
(i) $4,000,000 in fiscal year 2023 is for the
solar on public buildings grant program
described under Minnesota Statutes, section
216C.377. The appropriation must be used to
provide grants to public buildings located
within the electric service area of the electric
utility subject to Minnesota Statutes, section
116C.779. The base in fiscal year 2024 and
thereafter is $2,000,000.
new text end
new text begin
(j) $10,000,000 in fiscal year 2023 is for
deposit in the state competitiveness account
established in Minnesota Statutes, section
216C.391, to leverage federal formula and
competitive funds for energy-related
infrastructure and clean energy investments
in Minnesota. This appropriation must be used
to obtain federal funds that benefit Minnesota
ratepayers receiving electric service from the
utility that owns a nuclear-powered electric
generating plant in Minnesota, the Prairie
Island Indian community, or Prairie Island
Indian community members. This is a onetime
appropriation and is available until June 30,
2034.
new text end
new text begin
(k) $221,000 in fiscal year 2023 is for
participation in proceedings of the Minnesota
Public Utilities Commission regarding energy
storage systems under Minnesota Statutes,
sections 216B.1616 and 216C.378.
new text end
Sec. 3. new text begin METROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,000,000 new text end |
||
new text begin
$3,000,000 in fiscal year 2023 is for the
Metropolitan Council to purchase buses that
operate solely on electric propulsion provided
by electric motors and rechargeable on-board
batteries. This is a onetime appropriation and
is available until June 30, 2025.
new text end
ARTICLE 18
ENERGY CONSERVATION
Section 1.
Minnesota Statutes 2020, section 216C.264, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin State supplementary weatherization grants account. new text end
new text begin
(a) A state
supplementary weatherization grants account is established as a separate account in the
special revenue fund in the state treasury. The commissioner must credit appropriations and
transfers to the account. Earnings, such as interest, dividends, and any other earnings arising
from assets of the account, must be credited to the account. Money remaining in the account
at the end of a fiscal year does not cancel to the general fund, but remains in the account
until expended. The commissioner must manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner for the purposes of
subdivision 5.
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. 2.
Minnesota Statutes 2020, section 216C.264, subdivision 5, is amended to read:
Subd. 5.
Grant allocation.
new text begin (a) new text end The commissioner must distribute supplementary state
grants in a manner consistent with the goal of producing the maximum number of weatherized
units. Supplementary state grants deleted text begin are provided primarily for the payment ofdeleted text end new text begin may be used
for the following purposes:
new text end
new text begin
(1) to address physical deficiencies in a residence that increase heat loss, including
deficiencies that prohibit the residence from being eligible to receive federal weatherization
assistance;
new text end
new text begin
(2) to install preweatherization measures, as defined in section 216B.2402, subdivision
20, established by the commissioner under section 216B.241, subdivision 7, paragraph (g);
new text end
new text begin
(3) to increase the number of weatherized residences;
new text end
new text begin
(4) to conduct outreach activities to make income-eligible households aware of the
weatherization services available to income-eligible households, to assist applicants to fill
out applications for weatherization assistance, and to provide translation services where
necessary;
new text end
new text begin
(5) to enable projects in multifamily buildings to proceed even if projects cannot comply
with the federal requirement that projects must be completed within the same federal fiscal
year in which the project begins;
new text end
new text begin
(6) to address shortages of workers trained to provide weatherization services, including
expanding training opportunities in existing and new training programs;
new text end
new text begin
(7) to support the operation of the weatherization training program under section
216C.2641;
new text end
new text begin (8) to pay new text end additional labor costs for the federal weatherization programdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (9)new text end as an incentive for the increased production of weatherized units.
new text begin (b) new text end Criteria for the allocation of state grants to local agencies include existing local
agency production levels, emergency needs, and the potential for maintaining or increasing
acceptable levels of production in the area.
new text begin (c) new text end An eligible local agency may receive advance funding for 90 days' production, but
thereafter must receive grants solely on the basis of program criteria.
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.
new text begin
[216C.2641] WEATHERIZATION TRAINING GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of commerce must establish a
weatherization training grant program to award grants to train workers for careers in the
weatherization industry.
new text end
new text begin Subd. 2. new text end
new text begin Grants. new text end
new text begin
(a) The commissioner must award grants through a competitive grant
process.
new text end
new text begin
(b) An eligible entity under paragraph (c) seeking a grant under this section must submit
a written application to the commissioner, using a form developed by the commissioner.
new text end
new text begin
(c) Grants may be awarded under this section only to:
new text end
new text begin
(1) a nonprofit organization exempt from taxation under section 501(c)(3) of the United
States Internal Revenue Code;
new text end
new text begin
(2) a labor organization, as defined in section 179.01, subdivision 6; or
new text end
new text begin
(3) a job training center or educational institution that the commissioner of commerce
determines has the ability to train workers for weatherization careers.
new text end
new text begin
(d) Grant funds must be used to pay costs associated with training workers for careers
in the weatherization industry, including related supplies, materials, instruction, and
infrastructure.
new text end
new text begin
(e) When awarding grants under this section, the commissioner must give priority to
applications that provide the highest quality training to prepare trainees for weatherization
employment opportunities that meet technical standards and certifications developed by the
Building Performance Institute, Inc. or the Standard Work Specifications developed by the
United States Department of Energy for the federal Weatherization Assistance Program.
new text end
new text begin Subd. 3. new text end
new text begin Reports. new text end
new text begin
By January 15, 2024, and each January 15 thereafter, the commissioner
must submit a report to the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over energy policy that details the use of
grant funds under this section, including data on the number of trainees trained and the
career progress of trainees supported by prior grants.
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. 4.
new text begin
[216C.331] ENERGY BENCHMARKING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Benchmark" means to electronically input into a benchmarking tool the total energy
use data and other descriptive information about a building that is required by a benchmarking
tool.
new text end
new text begin
(c) "Benchmarking information" means data related to a building's energy use generated
by a benchmarking tool and other information about the building's physical and operational
characteristics. Benchmarking information includes but is not limited to the building's:
new text end
new text begin
(1) address;
new text end
new text begin
(2) owner and, if applicable, the building manager responsible for operating the building's
physical systems;
new text end
new text begin
(3) total floor area, expressed in square feet;
new text end
new text begin
(4) energy use intensity;
new text end
new text begin
(5) greenhouse gas emissions; and
new text end
new text begin
(6) energy performance score comparing the building's energy use with that of similar
buildings.
new text end
new text begin
(d) "Benchmarking tool" means the United States Environmental Protection Agency's
Energy Star Portfolio Manager tool or an equivalent tool determined by the commissioner.
new text end
new text begin
(e) "Covered property" means a building whose total floor area is equal to or greater
than 50,000 square feet. Covered property does not include:
new text end
new text begin
(1) a residential property containing fewer than five dwelling units;
new text end
new text begin
(2) a property classified as mining or manufacturing under the North American Industrial
Classification System (NAICS); or
new text end
new text begin
(3) other property types that do not meet the purposes of this section, as determined by
the commissioner.
new text end
new text begin
(f) "Energy" means electricity, natural gas, steam, or another product used to (1) provide
heating, cooling, lighting, or water heating, or (2) power other end uses in a building.
new text end
new text begin
(g) "Energy audit" has the meaning given in section 216C.435, subdivision 4.
new text end
new text begin
(h) "Energy intensity" means the total annual energy consumed in a building divided by
the building's total floor area.
new text end
new text begin
(i) "Energy performance score" means a numerical value from one to 100 that the Energy
Star Portfolio Manager tool calculates to rate a building's energy efficiency against that of
comparable buildings nationwide.
new text end
new text begin
(j) "Energy Star Portfolio Manager" means an interactive resource management tool
developed by the United States Environmental Protection Agency that (1) enables the
periodic entry of a building's energy use data and other descriptive information about a
building, and (2) rates a building's energy efficiency against that of comparable buildings
nationwide.
new text end
new text begin
(k) "Financial distress" means a covered property that, at the time benchmarking is
conducted:
new text end
new text begin
(1) is the subject of a qualified tax lien sale or public auction due to property tax
arrearages;
new text end
new text begin
(2) is controlled by a court-appointed receiver based on financial distress;
new text end
new text begin
(3) is owned by a financial institution through default by the borrower;
new text end
new text begin
(4) has been acquired by deed in lieu of foreclosure; or
new text end
new text begin
(5) has a senior mortgage that is subject to a notice of default.
new text end
new text begin
(l) "Owner" means (1) an individual or entity that possesses title to a covered property,
or (2) an agent authorized to act on behalf of the covered property owner.
new text end
new text begin
(m) "Total floor area" means the sum of gross square footage inside a building's envelope,
measured between the outside exterior walls of the building. Total floor area includes covered
parking structures.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
A building energy benchmarking program is established in the
department. The purpose of the program is to:
new text end
new text begin
(1) make a building's owners, tenants, and potential tenants aware of (i) the building's
energy consumption levels and patterns, and (ii) how the building's energy use compares
with that of similar buildings nationwide; and
new text end
new text begin
(2) enhance the likelihood that owners adopt energy conservation measures in the owners'
buildings as a way to reduce energy use, operating costs, and greenhouse gas emissions.
new text end
new text begin Subd. 3. new text end
new text begin Classification of covered properties. new text end
new text begin
For the purposes of this section, a covered
property is classified as follows:
new text end
|
new text begin
Class new text end |
new text begin
Total Floor Area (sq. ft.) new text end |
|
new text begin
1 new text end |
new text begin
150,000 or more new text end |
|
new text begin
2 new text end |
new text begin
100,000 to 149,999 new text end |
|
new text begin
3 new text end |
new text begin
75,000 to 99,999 new text end |
|
new text begin
4 new text end |
new text begin
50,000 to 74,999 new text end |
new text begin Subd. 4. new text end
new text begin Benchmarking requirement. new text end
new text begin
(a) In conformity with the schedule in subdivision
6, an owner must annually benchmark all covered property owned as of December 31 during
the previous calendar year. Energy use data must be compiled by:
new text end
new text begin
(1) obtaining the data from the utility providing the energy; or
new text end
new text begin
(2) reading a master meter.
new text end
new text begin
(b) Before entering information in a benchmarking tool, an owner must run all automated
data quality assurance functions available within the benchmarking tool and must correct
all missing or incorrect data identified.
new text end
new text begin
(c) An owner who becomes aware that any information entered into a benchmarking
tool is inaccurate or incomplete must amend the information in the benchmarking tool within
30 days of the date the owner learned of the inaccuracy.
new text end
new text begin Subd. 5. new text end
new text begin Exemption. new text end
new text begin
(a) The commissioner may exempt an owner from the requirements
of subdivision 4 for a covered property if the owner provides evidence satisfying the
commissioner that the covered property:
new text end
new text begin
(1) is presently experiencing financial distress;
new text end
new text begin
(2) has been less than 50 percent occupied during the previous calendar year;
new text end
new text begin
(3) does not have a certificate of occupancy or temporary certificate of occupancy for
the full previous calendar year;
new text end
new text begin
(4) was issued a demolition permit during the previous calendar year that remains current;
new text end
new text begin
(5) received no energy services for at least 30 days during the previous calendar year;
or
new text end
new text begin
(6) is participating in a benchmarking program operated by a city or other political
subdivision that the commissioner determines is equivalent to the benchmarking program
established in this section.
new text end
new text begin
(b) An exemption granted under this subdivision applies only to a single calendar year.
An owner must reapply to the commissioner each year an extension is sought.
new text end
new text begin
(c) Within 30 days of the date an owner makes a request under this paragraph, each
tenant of a covered property subject to this section must provide the owner with any
information regarding energy use of the tenant's rental unit that the property owner cannot
otherwise obtain and that is needed by the owner to comply with this section. The tenant
must provide the information required under this paragraph in a format approved by the
commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Benchmarking schedule. new text end
new text begin
An owner must annually benchmark each covered
property for the previous calendar year according to the following schedule:
new text end
new text begin
(1) all Class 1 properties by June 1, 2023, and by every June 1 thereafter;
new text end
new text begin
(2) all Class 2 properties by June 1, 2024, and by every June 1 thereafter;
new text end
new text begin
(3) all Class 3 properties by June 1, 2025, and by every June 1 thereafter; and
new text end
new text begin
(4) all Class 4 properties by June 1, 2026, and by every June 1 thereafter.
new text end
new text begin Subd. 7. new text end
new text begin Energy audit. new text end
new text begin
(a) The commissioner must notify in writing an owner of a
building whose energy performance score is 25 or lower or whose calculated energy intensity
is among the highest 25 percent compared to similar building types within the building's
class, as determined by the commissioner, that, except as provided in paragraph (c), the
owner is required to contract for an energy audit of the building no later than one year after
the notice is issued, unless the commissioner extends the deadline.
new text end
new text begin
(b) The commissioner must award a grant to an owner who completes an energy audit
after receiving notice under this subdivision. The grant amount must be the lower of $2,000
or 50 percent of the cost of the audit. An owner must not receive more than one grant under
this subdivision.
new text end
new text begin
(c) If a building owner that receives notice under this subdivision submits evidence to
the commissioner's satisfaction that an energy audit of the building that is the subject of the
notice was conducted within the previous five years, the owner is exempt from the
requirement to conduct an energy audit.
new text end
new text begin Subd. 8. new text end
new text begin Data collection and management. new text end
new text begin
(a) The commissioner must:
new text end
new text begin
(1) collect benchmarking information generated by a benchmarking tool and other related
information for each covered property;
new text end
new text begin
(2) provide technical assistance to owners entering data into a benchmarking tool; and
new text end
new text begin
(3) collaborate with utilities regarding the provision of energy use information to owners
and tenants to enable owners to comply with this section.
new text end
new text begin
(b) A utility must comply with a request from the commissioner to provide to the
commissioner or to an owner energy use information that is needed to effectively operate
the energy benchmarking program.
new text end
new text begin
(c) The commissioner must:
new text end
new text begin
(1) rank benchmarked covered properties in each property class from highest to lowest
performance score, or, if a performance score is unavailable for a covered property, from
lowest to highest energy use intensity;
new text end
new text begin
(2) divide covered properties in each property class into four quartiles based on the
applicable measure in clause (1);
new text end
new text begin
(3) assign four stars to each covered property in the quartile of each property class with
the highest performance scores or lowest energy use intensities, as applicable;
new text end
new text begin
(4) assign three stars to each covered property in the quartile of each property class with
the second highest performance scores or second lowest energy use intensities, as applicable;
new text end
new text begin
(5) assign two stars to each covered property in the quartile of each property class with
the third highest performance scores or third lowest energy use intensities, as applicable;
new text end
new text begin
(6) assign one star to each covered property in the quartile of each property class with
the lowest performance scores or highest energy use intensities, as applicable; and
new text end
new text begin
(7) serve notice in writing to each owner identifying the number of stars assigned the
commissioner to each of the owner's covered properties.
new text end
new text begin Subd. 9. new text end
new text begin Data disclosure to public. new text end
new text begin
(a) The commissioner must post on the department's
website and update annually the following information for the previous calendar year:
new text end
new text begin
(1) annual summary statistics on energy use for all covered properties in Minnesota;
new text end
new text begin
(2) annual summary statistics on energy use for all covered properties, aggregated by
(i) covered property class, as defined in subdivision 3, (ii) city, and (iii) county;
new text end
new text begin
(3) the percentage of covered properties in each building class listed in subdivision 3
that are in compliance with the benchmarking requirements under subdivisions 4 to 6; and
new text end
new text begin
(4) for each covered property, at a minimum, the total energy use, energy use per square
foot of total floor area, annual greenhouse gas emissions, and an energy performance score,
if available.
new text end
new text begin
(b) The commissioner must post the information required under this subdivision for each
class of covered property beginning one year after the date the initial benchmarking
submission is made by the owner under the schedule in subdivision 6.
new text end
new text begin Subd. 10. new text end
new text begin Building performance disclosure to potential tenants. new text end
new text begin
An owner must, on
any application provided to a potential tenant seeking to rent a unit in a covered property,
include the following language in a 12-point or larger font on the first page of the application:
"This building has received a [insert number of stars assigned to the building by the
commissioner under subdivision 8, paragraph (c)] star rating of the building's energy
efficiency from the Minnesota Department of Commerce, where four stars represents the
most energy efficient buildings and one star represents the least energy efficient buildings."
new text end
new text begin Subd. 11. new text end
new text begin Notifications. new text end
new text begin
(a) By March 1 each year, the commissioner must notify the
owner of each covered property required to benchmark for the previous calendar year of
the requirement to benchmark by June 1 of that year.
new text end
new text begin
(b) By July 15 each year, the commissioner must notify the owner of each covered
property required to benchmark for the previous calendar year that failed to benchmark that
the owner has 30 days to comply with the benchmarking requirement.
new text end
new text begin Subd. 12. new text end
new text begin Program implementation. new text end
new text begin
The commissioner may contract with an
independent third party to implement any or all of the duties the commissioner is required
to perform under subdivisions 2 to 10.
new text end
new text begin Subd. 13. new text end
new text begin Enforcement. new text end
new text begin
If the commissioner determines that an owner has failed to
benchmark in a timely, complete, and accurate fashion as required under this section, the
commissioner may impose on the owner a civil fine of up to $1,000. Each day that the owner
fails to benchmark to the satisfaction of the commissioner for each covered property owned
by the owner may be deemed a separate offense and the commissioner may impose a separate
civil penalty.
new text end
new text begin Subd. 14. new text end
new text begin Rules. new text end
new text begin
The commissioner is authorized to adopt rules under chapter 14 to
implement this section.
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. 5.
Minnesota Statutes 2020, section 326B.106, subdivision 1, is amended to read:
Subdivision 1.
Adoption of code.
(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.
(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.
(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.
(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. new text begin A municipality
may adopt the most recently published new model commercial energy code ASHRAE 90.1
until a more energy efficient code is adopted by the commissioner. A municipality may not
amend or otherwise change any provisions of the most recent ASHRAE 90.1 standard,
except that a municipality is required to adopt amendments to the previous version of
ASHRAE 90.1 in the current commercial energy code adopted by the commissioner. new text end The
commissioner may adopt amendments prior to adoption of the new energy codes, as amended
for use in Minnesota, to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or use of a building.new text begin The commissioner of commerce may include energy code support
measures in the technical guidance developed under section 216B.241, subdivision 1d.
new text end
ARTICLE 19
COMMISSION PROCEEDINGS
Section 1.
Minnesota Statutes 2020, section 216B.17, subdivision 1, is amended to read:
Subdivision 1.
Investigation.
On deleted text begin itsdeleted text end new text begin the commission'snew text end own motion or upon a complaint
made against any public utilitydeleted text begin ,deleted text end by the governing body of any political subdivision, by
another public utility, by the department, deleted text begin ordeleted text end by any 50 consumers of deleted text begin thedeleted text end new text begin anew text end particular utilitynew text begin ,
or by a complainant under section 216B.172new text end that any of the rates, tolls, tariffs, charges, or
schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting
or relating to the production, transmission, delivery, or furnishing of natural gas or electricity
or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly
discriminatory, or that any service is inadequate or cannot be obtained, the commission
shall proceed, with notice, to make such investigation as it may deem necessary. The
commission may dismiss any complaint without a hearing if in its opinion a hearing is not
in the public interest.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end
Sec. 2.
new text begin
[216B.172] CONSUMER DISPUTES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Appeal" means a request filed with the commission by a complainant to review and
make a final decision regarding the resolution of the complainant's complaint by the consumer
affairs office.
new text end
new text begin
(c) "Complainant" means an individual residential customer of a public utility who has
filed a complaint with the consumer affairs office.
new text end
new text begin
(d) "Complaint" means an allegation submitted to the consumer affairs office by a
complainant that a public utility's action or practice regarding billing or terms and conditions
of service:
new text end
new text begin
(1) violates a statute, rule, tariff, service contract, or other provision of law;
new text end
new text begin
(2) is unreasonable; or
new text end
new text begin
(3) has harmed or, if not addressed, will harm a complainant.
new text end
new text begin
Complaint does not include an objection to or a request to modify a natural gas or electricity
rate contained in a tariff that has been approved by the commission. A complaint under this
section is an informal complaint under Minnesota Rules, chapter 7829.
new text end
new text begin
(e) "Consumer affairs office" means the staff unit of the commission that is organized
to receive and respond to complaints.
new text end
new text begin
(f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100,
subpart 8.
new text end
new text begin
(g) "Public assistance" has the meaning given in section 550.37, subdivision 14.
new text end
new text begin
(h) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Complaint resolution procedure. new text end
new text begin
A complainant must first attempt to resolve
a dispute with a public utility by filing a complaint with the consumer affairs office. The
consumer affairs office must (1) notify the complainant of the resolution of the complaint,
(2) provide written notice of the complainant's right to appeal the resolution to the
commission, and (3) provide steps the complainant may take to appeal the resolution. Upon
request, the consumer affairs office must provide to the complainant a written notice
containing the substance of and basis for the resolution.
new text end
new text begin Subd. 3. new text end
new text begin Appeal; final commission decision. new text end
new text begin
(a) If a complainant is not satisfied with
the resolution of a complaint by the consumer affairs office, the complainant may file an
appeal with the commission requesting the commission to make a final decision on the
complaint. The commission's response to an appeal filed under this subdivision must comply
with the notice requirements under section 216B.17, subdivisions 2 to 5.
new text end
new text begin
(b) Upon the commission's receipt of an appeal filed under paragraph (a), the chair of
the commission or a subcommittee delegated under section 216A.03, subdivision 8, to
review the resolution of the complaint must decide whether the complaint should be:
new text end
new text begin
(1) dismissed because there is no reasonable basis on which to proceed;
new text end
new text begin
(2) resolved through an informal commission proceeding; or
new text end
new text begin
(3) referred to the Office of Administrative Hearings for a contested case proceeding
under chapter 14.
new text end
new text begin
A decision made under this paragraph must be provided in writing to the complainant and
the public utility.
new text end
new text begin
(c) If the commission decides that the complaint should be resolved through an informal
commission proceeding or referred to the Office of Administrative Hearings for a contested
case proceeding, the executive secretary must issue a procedural schedule and any notices
or orders required to initiate a contested case proceeding under chapter 14.
new text end
new text begin
(d) The commission's dismissal of an appeal request or a decision rendered after
conducting an informal proceeding is a final decision constituting an order or determination
of the commission.
new text end
new text begin Subd. 4. new text end
new text begin Judicial review. new text end
new text begin
Notwithstanding section 216B.27, a complainant may seek
judicial review in district court of an adverse final decision under subdivision 3, paragraph
(b), clause (1) or (2). Judicial review of the commission's decision in a contested case referred
under subdivision 3, paragraph (b), clause (3), is governed by chapter 14.
new text end
new text begin Subd. 5. new text end
new text begin Right to service during pendency of dispute. new text end
new text begin
A public utility must continue
or promptly restore service to a complainant during the pendency of an administrative or
judicial procedure pursued by a complainant under this section, provided that the
complainant:
new text end
new text begin
(1) agrees to enter into a payment agreement under section 216B.098, subdivision 3;
new text end
new text begin
(2) posts the full disputed payment in escrow;
new text end
new text begin
(3) demonstrates receipt of public assistance or eligibility for legal aid services; or
new text end
new text begin
(4) demonstrates the complainant's household income is at or below 50 percent of state
median income.
new text end
new text begin Subd. 6. new text end
new text begin Rulemaking authority. new text end
new text begin
The commission may adopt rules to carry out the
purposes of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Transmission planning in advance of generation retirement. new text end
new text begin
A utility must
identify in a resource plan each nonrenewable energy facility on the utility's system that
has a depreciation term, probable service life, or operating license term that ends within 15
years of the resource plan filing date. For each nonrenewable energy facility identified, the
utility must include in the resource plan an initial plan to: (1) replace the nonrenewable
energy facility; and (2) upgrade any transmission or other grid capabilities needed to support
the retirement of that nonrenewable energy facility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to an integrated resource plan filed with the commission on or after that date.
new text end
Sec. 4.
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. 5.
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. 6.
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. 7.
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. 8.
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. 9.
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. 10.
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. 11.
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. 12.
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. 13.
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. 14.
new text begin
[216B.631] COMPENSATION FOR PARTICIPANTS IN PROCEEDINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Participant" means a person who:
new text end
new text begin
(1) meets the requirements of subdivision 2;
new text end
new text begin
(2) either (i) files comments or appears in a commission proceeding concerning one or
more public utilities, excluding public hearings held in contested cases and commission
proceedings conducted to receive general public comments; or (ii) is permitted by the
commission to intervene in a commission proceeding concerning one or more public utilities;
and
new text end
new text begin
(3) files a request for compensation under this section.
new text end
new text begin
(c) "Party" means a person who files comments or appears in a commission proceeding,
other than public hearings, concerning one or more public utilities.
new text end
new text begin
(d) "Proceeding" means an undertaking of the commission in which the commission
seeks to resolve an issue affecting one or more public utilities and which results in a
commission order.
new text end
new text begin
(e) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Participants; eligibility. new text end
new text begin
The following participants are eligible to receive
compensation under this section:
new text end
new text begin
(1) a nonprofit organization that is:
new text end
new text begin
(i) exempt from taxation under section 501(c)(3) of the United States Internal Revenue
Code;
new text end
new text begin
(ii) incorporated or organized in Minnesota;
new text end
new text begin
(iii) governed under chapter 317A or section 322C.1101; and
new text end
new text begin
(iv) determined by the commission under subdivision 3, paragraph (c), to suffer financial
hardship if not compensated for the nonprofit organization's participation in the applicable
proceeding;
new text end
new text begin
(2) a Tribal government of a federally recognized Indian Tribe that is located in
Minnesota; or
new text end
new text begin
(3) a Minnesota resident, except that an individual who owns a for-profit business that
has earned revenue from a Minnesota utility in the past two years is not eligible for
compensation.
new text end
new text begin Subd. 3. new text end
new text begin Compensation; conditions. new text end
new text begin
(a) The commission may order a public utility to
compensate all or part of a participant's reasonable costs to participate in a proceeding before
the commission if the commission finds:
new text end
new text begin
(1) that the participant has materially assisted the commission's deliberation; and
new text end
new text begin
(2) if the participant is a nonprofit organization, that the participant would suffer financial
hardship if the nonprofit organization's participation in the proceeding was not compensated.
new text end
new text begin
(b) When determining whether a participant has materially assisted the commission's
deliberation, the commission must find that:
new text end
new text begin
(1) the participant made a unique contribution to the record and represented an interest
that would not otherwise have been adequately represented;
new text end
new text begin
(2) the evidence or arguments presented or the positions taken by the participant were
an important factor in producing a fair decision;
new text end
new text begin
(3) the participant's position promoted a public purpose or policy;
new text end
new text begin
(4) the evidence presented, arguments made, issues raised, or positions taken by the
participant would not otherwise have been part of the record;
new text end
new text begin
(5) the participant was active in any stakeholder process included in the proceeding; and
new text end
new text begin
(6) the proceeding resulted in a commission order that adopted, in whole or in part, a
position advocated by the participant.
new text end
new text begin
(c) When determining whether a nonprofit participant has demonstrated that a lack of
compensation would present financial hardship, the commission must find that the nonprofit
participant:
new text end
new text begin
(1) incorporated or organized within three years of the date the applicable proceeding
began;
new text end
new text begin
(2) has payroll expenses below $750,000; or
new text end
new text begin
(3) has secured less than $100,000 in current year funding dedicated to participation in
commission proceedings, not including any participant compensation awarded under this
section.
new text end
new text begin
(d) When reviewing a compensation request, the commission must consider whether
the costs presented in the participant's claim are reasonable.
new text end
new text begin Subd. 4. new text end
new text begin Compensation; amount. new text end
new text begin
(a) Compensation must not exceed $50,000 for a
single participant in any proceeding, except that:
new text end
new text begin
(1) if a proceeding extends longer than 12 months, a participant may request compensation
of up to $50,000 for costs incurred in each calendar year; and
new text end
new text begin
(2) in a general rate case proceeding under section 216B.16 or an integrated resource
plan proceeding under section 216B.2422, the maximum single participant compensation
per proceeding under this section must not exceed $75,000.
new text end
new text begin
(b) A single participant must not be granted more than $200,000 under this section in a
single calendar year.
new text end
new text begin
(c) Compensation requests from joint participants must be presented as a single request.
new text end
new text begin
(d) Notwithstanding paragraphs (a) and (b), the commission must not, in any calendar
year, require a single public utility to pay aggregate compensation under this section that
exceeds the following amounts:
new text end
new text begin
(1) $100,000, for a public utility with up to $300,000,000 annual gross operating revenue
in Minnesota;
new text end
new text begin
(2) $275,000, for a public utility with at least $300,000,000 but less than $900,000,000
annual gross operating revenue in Minnesota;
new text end
new text begin
(3) $375,000, for a public utility with at least $900,000,000 but less than $2,000,000,000
annual gross operating revenue in Minnesota; and
new text end
new text begin
(4) $1,250,000, for a public utility with $2,000,000,000 or more annual gross operating
revenue in Minnesota.
new text end
new text begin
(e) When requests for compensation from any public utility approach the limits established
in paragraph (d), the commission may prioritize requests from participants that received
less than $150,000 in total compensation during the previous two years.
new text end
new text begin Subd. 5. new text end
new text begin Compensation; process. new text end
new text begin
(a) A participant seeking compensation must file a
request and an affidavit of service with the commission, and serve a copy of the request on
each party to the proceeding. The request must be filed no more than 30 days after the later
of: (1) the expiration of the period within which a petition for rehearing, amendment,
vacation, reconsideration, or reargument must be filed; or (2) the date the commission issues
an order following rehearing, amendment, vacation, reconsideration, or reargument.
new text end
new text begin
(b) A compensation request must include:
new text end
new text begin
(1) the name and address of the participant or nonprofit organization the participant is
representing;
new text end
new text begin
(2) evidence of the organization's nonprofit, tax-exempt status, if applicable;
new text end
new text begin
(3) the name and docket number of the proceeding for which compensation is requested;
new text end
new text begin
(4) for a nonprofit participant, evidence supporting the nonprofit's eligibility for
compensation under the financial hardship test under subdivision 3, paragraph (c);
new text end
new text begin
(5) amounts of compensation awarded to the participant under this section during the
current year and any pending requests for compensation, itemized by docket;
new text end
new text begin
(6) an itemization of the participant's costs, including (i) hours worked and associated
hourly rates for each individual contributing to the participation, not including overhead
costs; (ii) participant revenues dedicated for the proceeding; and (iii) the total compensation
request; and
new text end
new text begin
(7) a narrative describing the unique contribution made to the proceeding by the
participant.
new text end
new text begin
(c) A participant must comply with reasonable requests for information by the commission
and other parties or participants. A participant must reply to information requests within
ten calendar days of the date the request is received, unless doing so would place an extreme
hardship upon the replying participant. The replying participant must provide a copy of the
information to any other participant or interested person upon request. Disputes regarding
information requests may be resolved by the commission.
new text end
new text begin
(d) A party objecting to a request for compensation must, within 30 days after service
of the request for compensation, file a response and an affidavit of service with the
commission. A copy of the response must be served on the requesting participant and all
other parties to the proceeding.
new text end
new text begin
(e) The requesting participant may file a reply with the commission within 15 days after
the date a response is filed under paragraph (d). A copy of the reply and an affidavit of
service must be served on all other parties to the proceeding.
new text end
new text begin
(f) If additional costs are incurred by a participant as a result of additional proceedings
following the commission's initial order, the participant may file an amended request within
30 days after the date the commission issues an amended order. Paragraphs (b) to (e) apply
to an amended request.
new text end
new text begin
(g) The commission must issue a decision on participant compensation within 120 days
of the date a request for compensation is filed by a participant.
new text end
new text begin
(h) The commission may extend the deadlines in paragraphs (d), (e), and (g) for up to
30 days upon the request of a participant or on the commission's own initiative.
new text end
new text begin
(i) A participant may request reconsideration of the commission's compensation decision
within 30 days of the decision date.
new text end
new text begin Subd. 6. new text end
new text begin Compensation; orders. new text end
new text begin
(a) If the commission issues an order requiring payment
of participant compensation, the public utility that was the subject of the proceeding must
pay the full compensation to the participant and file proof of payment with the commission
within 30 days after the later of: (1) the expiration of the period within which a petition for
reconsideration of the commission's compensation decision must be filed; or (2) the date
the commission issues an order following reconsideration of the commission's order on
participant compensation.
new text end
new text begin
(b) If the commission issues an order requiring payment of participant compensation in
a proceeding involving multiple public utilities, the commission must apportion costs among
the public utilities in proportion to each public utility's annual revenue.
new text end
new text begin
(c) The commission may issue orders necessary to allow a public utility to recover the
costs of participant compensation on a timely basis.
new text end
new text begin Subd. 7. new text end
new text begin Report. new text end
new text begin
By July 1, 2025, the commission must report to the chairs and ranking
minority members of the senate and house of representatives committees with primary
jurisdiction over energy policy on the operation of this section, including but not limited
to:
new text end
new text begin
(1) the amount of compensation paid each year by each utility;
new text end
new text begin
(2) each recipient of compensation, the commission dockets in which compensation was
awarded, and the compensation amounts; and
new text end
new text begin
(3) the impact resulting from the commission's adoption of positions advocated by
compensated participants.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any proceeding in which the commission has not issued a final order as of that
date.
new text end
Sec. 15.
Minnesota Statutes 2020, section 216E.03, subdivision 11, is amended to read:
Subd. 11.
Department of Commerce to provide technical expertise and other
assistance.
new text begin (a) new text end The commissioner of the Department of Commerce shall consult with other
state agencies and provide technical expertise and other assistance to the commission or to
individual members of the commission for activities and proceedings under this chapter
and chapters 216F and 216G. This assistance shall include the sharing of power plant siting
and routing staff and other resources as necessary. The commissioner shall periodically
report to the commission concerning the Department of Commerce's costs of providing
assistance. The report shall conform to the schedule and include the required contents
specified by the commission. The commission shall include the costs of the assistance in
assessments for activities and proceedings under those sections and reimburse the special
revenue fund for those costs. If either the commissioner or the commission deems it
necessary, the department and the commission shall enter into an interagency agreement
establishing terms and conditions for the provision of assistance and sharing of resources
under this subdivision.
new text begin
(b) Notwithstanding the requirements of section 216B.33, the commissioner may take
any action required or requested by the commission related to the environmental review
requirements under chapter 216E or 216F immediately following a hearing and vote by the
commission, prior to issuing a written order, finding, authorization, or certificate.
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.
Minnesota Statutes 2020, section 216E.04, subdivision 2, is amended to read:
Subd. 2.
Applicable projects.
The requirements and procedures in this section apply to
the following projects:
(1) large electric power generating plants with a capacity of less than 80 megawatts;
(2) large electric power generating plants that are fueled by natural gas;
(3) high-voltage transmission lines of between 100 and 200 kilovolts;
(4) high-voltage transmission lines in excess of 200 kilovolts and less than deleted text begin fivedeleted text end new text begin 30new text end miles
in length in Minnesota;
(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent of
the distance of the line in Minnesota will be located along existing high-voltage transmission
line right-of-way;
(6) a high-voltage transmission line service extension to a single customer between 200
and 300 kilovolts and less than ten miles in length;
(7) a high-voltage transmission line rerouting to serve the demand of a single customer
when the rerouted line will be located at least 80 percent on property owned or controlled
by the customer or the owner of the transmission line; and
(8) large electric power generating plants that are powered by solar energy.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to a high-voltage transmission line in excess of 200 kilovolts whose owner has filed
an application for a route permit with the Public Utilities Commission on or after that date.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 216B.16, subdivision 10,
new text end
new text begin
is repealed.
new text end
ARTICLE 20
ENERGY STORAGE
Section 1.
Minnesota Statutes 2020, section 216B.1611, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Energy storage; capacity; treatment. new text end
new text begin
This subdivision applies to a public
utility, as defined in section 216B.02, subdivision 4. For the purpose of interconnecting a
distributed generation facility that operates in conjunction with an energy storage system,
as defined in section 216B.2422, subdivision 1, paragraph (f), the system capacity must be
calculated as the alternating current capacity of the distributed generation facility alone,
provided that the energy storage system is connected to the distributed generating facility:
new text end
new text begin
(1) by direct current; or
new text end
new text begin
(2) by alternating current and is configured to limit the maximum export of electricity
beyond the common point of coupling with the utility to an amount no greater than the
capacity of the distributed generation facility.
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. 2.
new text begin
[216B.1616] VALUE OF ON-SITE ENERGY STORAGE.
new text end
new text begin
No later than September 15, 2022, the commission must initiate a docket designed to
determine fair compensation paid to customer-owners of on-site energy storage systems,
as defined in section 216B.2422, subdivision 1, paragraph (f), for voluntarily discharging
stored energy and capacity during periods of peak electricity demand or at other times as
dispatched or requested by a public utility, as defined in section 216B.02, subdivision 4.
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. 3.
Minnesota Statutes 2020, section 216B.2422, subdivision 7, is amended to read:
Subd. 7.
Energy storage systems assessment.
(a) Each public utility required to file a
resource plan under subdivision 2 must include in the filing an assessment of energy storage
systems that analyzes how the deployment of energy storage systems contributes to:
(1) meeting identified generation and capacity needs; and
(2) evaluating ancillary services.
(b) The assessment mustnew text begin :
new text end
new text begin (1)new text end employ appropriate modeling methods to enable the analysis required in paragraph
(a)deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) address how energy storage systems may contribute to achieving the goals under
subdivision 4, clause (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. 4.
Minnesota Statutes 2020, section 216B.2425, subdivision 8, is amended to read:
Subd. 8.
Distribution study for distributed generation.
Each entity subject to this
section that is operating under a multiyear rate plan approved under section 216B.16,
subdivision 19, shall conduct a distribution study to identify interconnection points on its
distribution system for small-scale distributed generation resources and shall identify
necessary distribution upgradesnew text begin , including the deployment of energy storage systems, as
defined in section 216B.2422, subdivision 1, paragraph (f),new text end to support the continued
development of distributed generation resources, and shall include the study in its report
required under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
new text begin
[216C.378] STORAGE REWARDS INCENTIVE PROGRAM.
new text end
new text begin
(a) The electric utility subject to section 116C.779 must develop and operate a program
to provide a lump-sum grant to customers to reduce the cost of purchasing and installing
an on-site energy storage system, as defined in section 216B.2422, subdivision 1, paragraph
(f). The utility subject to this section must file a plan with the commissioner to operate the
program no later than October 1, 2022. The utility may not operate the program until the
program is approved by the commissioner. Any change to an operating program must be
approved by the commissioner.
new text end
new text begin
(b) To be eligible to receive a grant under this section, an energy storage system must:
new text end
new text begin
(1) have a capacity no greater than 50 kilowatt hours; and
new text end
new text begin
(2) be located within the electric service area of the utility subject to this section.
new text end
new text begin
(c) An owner of an energy storage system is eligible to receive a grant under this section
if:
new text end
new text begin
(1) a solar energy generating system is operating at the same site as the proposed energy
storage system; or
new text end
new text begin
(2) the owner has filed an application with the utility subject to this section to interconnect
a solar energy generating system at the same site as the proposed energy storage system.
new text end
new text begin
(d) The commissioner must annually review and may adjust the amount of grants awarded
under this section, but must not increase the amount over that awarded in previous years
unless the commissioner demonstrates in writing that an upward adjustment is warranted
by market conditions.
new text end
new text begin
(e) A customer who receives a grant under this section is eligible to receive financial
assistance under programs operated by the state or the utility for the solar energy generating
system operating in conjunction with the energy storage system.
new text end
new text begin
(f) For the purposes of this section, "solar energy generating system" has the meaning
given in section 216E.01, subdivision 9a.
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 21
RENEWABLE ENERGY
Section 1.
Minnesota Statutes 2020, section 16B.32, subdivision 1, is amended to read:
Subdivision 1.
Alternative energy sources.
deleted text begin
Plans prepared by the commissioner for a
new building or for a renovation of 50 percent or more of an existing building or its energy
systems must include designs which use active and passive solar energy systems, earth
sheltered construction, and other alternative energy sources where feasible.
deleted text end
new text begin
(a) If
incorporating cost-effective energy efficiency measures into the design, materials, and
operations of a building or major building renovation subject to section 16B.325 is not
sufficient to meet Sustainable Building 2030 energy performance standards required under
section 216B.241, subdivision 9, cost-effective renewable energy sources or solar thermal
energy systems, or both, must be deployed to achieve the standards.
new text end
new text begin
(b) The commissioners of administration and commerce must review compliance of
building designs and plans subject to this section with Sustainable Building 2030 performance
standards developed under section 216B.241, subdivision 9, and must make recommendations
to the legislature as necessary to ensure that the performance standards are met.
new text end
new text begin
(c) For the purposes of this section:
new text end
new text begin
(1) "energy efficiency" has the meaning given in section 216B.241, subdivision 1,
paragraph (f);
new text end
new text begin
(2) "renewable energy" has the meaning given in section 216B.2422, subdivision 1,
paragraph (c), and includes hydrogen generated from wind, solar, or hydroelectric; and
new text end
new text begin
(3) "solar thermal energy systems" has the meaning given to "qualifying solar thermal
project" in section 216B.2411, subdivision 2, paragraph (e).
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. 2.
Minnesota Statutes 2020, section 16B.32, subdivision 1a, is amended to read:
Subd. 1a.
Onsite energy generation from renewable sources.
deleted text begin
A state agency that
prepares a predesign for a new building must consider meeting at least two percent of the
energy needs of the building from renewable sources located on the building site. For
purposes of this subdivision, "renewable sources" are limited to wind and the sun. The
predesign must include an explicit cost and price analysis of complying with the two-percent
requirement compared with the present and future costs of energy supplied by a public
utility from a location away from the building site and the present and future costs of
controlling carbon emissions. If the analysis concludes that the building should not meet at
least two percent of its energy needs from renewable sources located on the building site,
the analysis must provide explicit reasons why not. The building may not receive further
state appropriations for design or construction unless at least two percent of its energy needs
are designed to be met from renewable sources, unless the commissioner finds that the
reasons given by the agency for not meeting the two-percent requirement were supported
by evidence in the record.
deleted text end
new text begin
The total aggregate nameplate capacity of all renewable energy
sources utilized to meet Sustainable Building 2030 standards in a state-owned building or
facility, including any subscription to a community solar garden under section 216B.1641,
must not exceed 120 percent of the state-owned building's or facility's average annual electric
energy consumption.
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. 3.
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 2027new 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
(i) Contractors and subcontractors installing a solar energy generating system awarded
financial assistance under this section must comply with sections 177.41 to 177.43 with
respect to the installation.
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. 4.
new text begin
[116C.7793] SOLAR ENERGY; CONTINGENCY ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Agency" means the Pollution Control Agency.
new text end
new text begin
(c) "Area C" means the site located west of Mississippi River Boulevard in St. Paul that
served as an industrial waste dump for the former Ford Twin Cities Assembly Plant.
new text end
new text begin
(d) "Corrective action determination" means a decision by the agency regarding actions
to be taken to remediate contaminated soil and groundwater at Area C.
new text end
new text begin
(e) "Owner" means the owner of a solar energy generating system planned to be deployed
at Area C.
new text end
new text begin
(f) "Solar energy generating system" has the meaning given in section 216E.01,
subdivision 9a.
new text end
new text begin Subd. 2. new text end
new text begin Account established. new text end
new text begin
The Area C contingency account is established as a
separate account in the special revenue fund in the state treasury. Transfers and appropriations
to the account, and any earnings or dividends accruing to assets in the account, must be
credited to the account. The commissioner must serve as fiscal agent and must manage the
account.
new text end
new text begin Subd. 3. new text end
new text begin Distribution of funds; conditions. new text end
new text begin
Money from the account may be distributed
by the commissioner to the owner of a solar energy generating system planned to be deployed
on Area C under the following conditions:
new text end
new text begin
(1) the agency issues a corrective action determination after the owner has begun to
design or construct the project, and the nature of the corrective action determination requires
the project to be redesigned or construction to be interrupted or altered; or
new text end
new text begin
(2) the agency issues a corrective action determination whose work plan requires
temporary cessation or partial or complete removal of the solar energy generating system
after the solar energy generating system has become operational.
new text end
new text begin Subd. 4. new text end
new text begin Distribution of funds; process. new text end
new text begin
(a) The owner may file a request for distribution
of funds from the commissioner if either of the conditions in subdivision 3 occur. The filing
must describe (1) the nature of the impact of the agency's work plan that results in economic
losses to the owner, and (2) a reasonable estimate of the amount of the economic losses.
new text end
new text begin
(b) The owner must provide the commissioner with information the commissioner
determines to be necessary to assist in reviewing the filing required under this subdivision.
new text end
new text begin
(c) The commissioner must review the owner's filing within 60 days of submission and
must approve a request the commissioner determines is reasonable.
new text end
new text begin Subd. 5. new text end
new text begin Expenditures. new text end
new text begin
Money distributed by the commissioner to the owner under this
section may be used by the owner only to pay for:
new text end
new text begin
(1) removal, storage, and transportation costs incurred for equipment removed, and any
costs to reinstall equipment;
new text end
new text begin
(2) costs of redesign or new equipment made necessary by the activities under the
agency's work plan;
new text end
new text begin
(3) lost revenues resulting from the inability of the solar energy generating system to
generate sufficient electricity to fulfill the terms of the power purchase agreement between
the owner and the purchaser of electricity generated by the solar energy generating system;
new text end
new text begin
(4) other damages incurred under the power purchase agreement resulting from the
cessation of operations made necessary by the activities of the agency's work plan; and
new text end
new text begin
(5) the cost of energy required to replace the energy that would have been generated by
the solar energy generating system and purchased under the power purchase agreement.
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. 5.
Minnesota Statutes 2020, section 216B.1641, is amended to read:
216B.1641 COMMUNITY SOLAR GARDEN.
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Subscribed energy" means electricity generated by the community solar garden that
is attributable to a subscriber's subscription.
new text end
new text begin
(c) "Subscriber" means a retail customer who owns one or more subscriptions of a
community solar garden interconnected with the retail customer's utility.
new text end
new text begin
(d) "Subscription" means a contract between a subscriber and the owner of a solar garden.
new text end
new text begin Subd. 2. new text end
new text begin Solar garden; project requirements. new text end
(a) The public utility subject to section
116C.779 shall file by September 30, 2013, a plan with the commission to operate a
community solar garden program which shall begin operations within 90 days after
commission approval of the plan. Other public utilities may file an application at their
election. The community solar garden program must be designed to offset the energy use
of not less than five subscribers in each community solar garden facility of which no single
subscriber has more than a 40 percent interest. The owner of the community solar garden
may be a public utility or any other entity or organization that contracts to sell the output
from the community solar garden to the utility under section 216B.164. There shall be no
limitation on the number or cumulative generating capacity of community solar garden
facilities other than the limitations imposed under section 216B.164, subdivision 4c, or
other limitations provided in law or regulations.
(b) A solar garden is a facility that generates electricity by means of a ground-mounted
or roof-mounted solar photovoltaic device whereby subscribers receive a bill credit for the
electricity generated in proportion to the size of their subscription. The solar garden must
have a nameplate capacity of no more than deleted text begin one megawattdeleted text end new text begin three megawattsnew text end . Each subscription
shall be sized to represent at least 200 watts of the community solar garden's generating
capacity and to supply, when combined with other distributed generation resources serving
the premises, no more than 120 percent of the average annual consumption of electricity
by each subscriber at the premises to which the subscription is attributed.
(c) The solar generation facility must be located in the service territory of the public
utility filing the plan. Subscribers must be retail customers of the public utility new text begin and, unless
the facility has a minimum setback of 100 feet from the nearest residential property, must
be new text end located in the same county or a county contiguous to where the facility is located.
(d) The public utility must purchase from the community solar garden all energy generated
by the solar garden. new text begin Unless specified elsewhere in this section, new text end the purchase shall be at the
new text begin most recent three-year average of the new text end rate calculated under section 216B.164, subdivision
10, or, until that rate for the public utility has been approved by the commission, the
applicable retail rate. A solar garden is eligible for any incentive programs offered under
section 116C.7792. A subscriber's portion of the purchase shall be provided by a credit on
the subscriber's bill.
new text begin Subd. 3. new text end
new text begin Solar garden plan; requirements; nonutility status. new text end
deleted text begin (e)deleted text end new text begin (a)new text end The commission
may approve, disapprove, or modify a community solar garden deleted text begin programdeleted text end new text begin plannew text end . Any plan
approved by the commission must:
(1) reasonably allow for the creation, financing, and accessibility of community solar
gardens;
(2) establish uniform standards, fees, and processes for the interconnection of community
solar garden facilities that allow the utility to recover reasonable interconnection costs for
each community solar garden;
(3) not apply different requirements to utility and nonutility community solar garden
facilities;
(4) be consistent with the public interest;
(5) identify the information that must be provided to potential subscribers to ensure fair
disclosure of future costs and benefits of subscriptions;
(6) include a program implementation schedule;
(7) identify all proposed rules, fees, and charges; deleted text begin and
deleted text end
(8) identify the means by which the program will be promoteddeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) require that residential subscribers have a right to cancel a community solar garden
subscription within three business days, as provided under section 325G.07;
new text end
new text begin
(10) require that the following information is provided by the solar garden owner in
writing to any prospective subscriber asked to make a prepayment to the solar garden owner
prior to the delivery of subscribed energy by the solar garden:
new text end
new text begin
(i) an estimate of the annual generation of subscribed energy, based on the methodology
approved by the commission; and
new text end
new text begin
(ii) an estimate of the length of time required to fully recover a subscriber's prepayments
made to the owner of the solar garden prior to the delivery of subscribed energy, calculated
using the formula developed by the commission under paragraph (d); and
new text end
new text begin
(11) require new residential subscription agreements that require a prepayment to allow
the subscriber to, on commercially reasonable terms, (i) transfer the subscription to other
new or current subscribers, or (ii) cancel the subscription; and
new text end
new text begin
(12) require an owner of a solar garden to submit a report that meets the requirements
of section 216C.51, subdivisions 3 and 4, each year the solar garden is in operation.
new text end
deleted text begin (f)deleted text end new text begin (b)new text end Notwithstanding any other law, neither the manager of nor the subscribers to a
community solar garden facility shall be considered a utility solely as a result of their
participation in the community solar garden facility.
deleted text begin (g)deleted text end new text begin (c)new text end Within 180 days of commission approval of a plan under this section, a utility
shall begin crediting subscriber accounts for each community solar garden facility in its
service territory, and shall file with the commissioner of commerce a description of its
crediting system.
deleted text begin
(h) For the purposes of this section, the following terms have the meanings given:
deleted text end
deleted text begin
(1) "subscriber" means a retail customer of a utility who owns one or more subscriptions
of a community solar garden facility interconnected with that utility; and
deleted text end
deleted text begin
(2) "subscription" means a contract between a subscriber and the owner of a solar garden.
deleted text end
new text begin Subd. 4. new text end
new text begin Community access project; eligibility. new text end
new text begin
(a) An owner of a community solar
garden may apply to the utility to be designated as a community access project at any time:
new text end
new text begin
(1) before the owner makes an initial payment under an interconnection agreement
entered into with a public utility; or
new text end
new text begin
(2) if the owner made an initial payment under an interconnection agreement between
January 1, 2021, and the effective date of this act, before commercial operation begins.
new text end
new text begin
(b) The utility must designate a solar garden as a community access project if the owner
of a solar garden commits in writing to meet the following conditions:
new text end
new text begin
(1) at least 50 percent of the solar garden's generating capacity is subscribed by residential
customers;
new text end
new text begin
(2) the contract between the owner of the solar garden and the public utility that purchases
the garden's electricity, and any agreement between the utility or owner of the solar garden
and subscribers, states that the owner of the solar garden does not discriminate against or
screen subscribers based on income or credit score and that any customer of a utility with
a community solar garden plan approved by the commission under subdivision 3 is eligible
to become a subscriber;
new text end
new text begin
(3) the solar garden is operated by an entity that maintains a physical address in Minnesota
and has designated a contact person in Minnesota who responds to subscriber inquiries; and
new text end
new text begin
(4) the agreement between the owner of the solar garden and subscribers states that the
owner must adequately publicize and convene at least one meeting annually to provide an
opportunity for subscribers to pose questions to the manager or owner.
new text end
new text begin Subd. 5. new text end
new text begin Community access project; financial arrangements. new text end
new text begin
(a) If a solar garden is
approved by the utility as a community access project:
new text end
new text begin
(1) the public utility purchasing the electricity generated by the community access project
may charge the owner of the community access project no more than one cent per watt
alternating current based on the solar garden's generating capacity for any refundable deposit
the utility requires of a solar garden during the application process;
new text end
new text begin
(2) notwithstanding subdivision 2, paragraph (d), the public utility must purchase all
energy generated by the community access project at the retail rate; and
new text end
new text begin
(3) all renewable energy credits generated by the community access project belong to
subscribers unless the owner of the solar garden:
new text end
new text begin
(i) contracts to:
new text end
new text begin
(A) sell the credits to a third party; or
new text end
new text begin
(B) sell or transfer the credits to the utility; and
new text end
new text begin
(ii) discloses a sale or transfer to subscribers at the time the subscribers enter into a
subscription.
new text end
new text begin
(b) If at any time after commercial operation begins a solar garden approved by the
utility as a community access project fails to meet the conditions under subdivision 4, the
solar garden (1) is no longer subject to the provisions of this subdivision and subdivision
6, and (2) must operate under the program rules established by the commission for a solar
garden that does not qualify as a community access project.
new text end
new text begin
(c) An owner of a solar garden whose designation as a community access project is
revoked under this subdivision may reapply to the commission at any time to have the
designation as a community access project reinstated under subdivision 4.
new text end
new text begin Subd. 6. new text end
new text begin Community access project; reporting. new text end
new text begin
The owner of a community access
project must include the following information in an annual report to the community access
project subscribers and the utility:
new text end
new text begin
(1) a description of the process by which subscribers can provide input to solar garden
policy and decision making;
new text end
new text begin
(2) the amount of revenues received by the solar garden in the previous year that were
allocated to categories that include but are not limited to operating costs, debt service, profits
distributed to subscribers, and profits distributed to others; and
new text end
new text begin
(3) an estimate of the proportion of low- and moderate-income subscribers, and a
description of one or more of the following methods used to make the estimate:
new text end
new text begin
(i) evidence provided by a subscriber that the subscriber or a member of the subscriber's
household receives assistance from any of the following sources:
new text end
new text begin
(A) the federal Low-Income Home Energy Assistance Program;
new text end
new text begin
(B) federal Section 8 housing assistance;
new text end
new text begin
(C) medical assistance;
new text end
new text begin
(D) the federal Supplemental Nutrition Assistance Program; or
new text end
new text begin
(E) the federal National School Lunch Program;
new text end
new text begin
(ii) characterization of the census tract where the subscriber resides as low- or
moderate-income by the Federal Financial Institutions Examination Council; or
new text end
new text begin
(iii) other methods approved by the commission.
new text end
new text begin Subd. 7. new text end
new text begin Commission order. new text end
new text begin
Within 180 days of the effective date of this section, the
commission must issue an order addressing the requirements of this section.
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. 6.
Minnesota Statutes 2020, section 216B.243, subdivision 8, is amended to read:
Subd. 8.
Exemptions.
(a) This section does not apply to:
(1) cogeneration or small power production facilities as defined in the Federal Power
Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
any case where the commission has determined after being advised by the attorney general
that its application has been preempted by federal law;
(2) a high-voltage transmission line proposed primarily to distribute electricity to serve
the demand of a single customer at a single location, unless the applicant opts to request
that the commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage of an existing transmission line that serves the demand
of a single customer that primarily uses existing rights-of-way, unless the applicant opts to
request that the commission determine need under this section or section 216B.2425;
(4) a high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission line;
(5) conversion of the fuel source of an existing electric generating plant to using natural
gas;
(6) the modification of an existing electric generating plant to increase efficiency, as
long as the capacity of the plant is not increased more than ten percent or more than 100
megawatts, whichever is greater;
(7) a new text begin large new text end wind energy conversion systemnew text begin , as defined in section 216F.01, subdivision
2,new text end or new text begin a new text end solar deleted text begin electric generation facilitydeleted text end new text begin energy generating system, as defined in section
216E.01, subdivision 9a,new text end if the system deleted text begin or facilitydeleted text end is owned and operated by an independent
power producer and the electric output of the system deleted text begin or facilitydeleted text end new text begin :
new text end
new text begin (i)new text end is not sold to an entity that provides retail service in Minnesota or wholesale electric
service to another entity in Minnesota other than an entity that is a federally recognized
regional transmission organization or independent system operator; or
new text begin
(ii) is sold to an entity that provides retail service in Minnesota or wholesale electric
service to another entity in Minnesota other than an entity that is a federally recognized
regional transmission organization or independent system operator, provided that the system
represents solar or wind capacity that the entity purchasing the system's electric output was
ordered by the commission to develop in the entity's most recent integrated resource plan
approved under section 216B.2422; or
new text end
(8) a large wind energy conversion system, as defined in section 216F.01, subdivision
2, or a solar energy generating new text begin system that is a new text end large energy facility, as defined in section
216B.2421, subdivision 2, engaging in a repowering project that:
(i) will not result in the deleted text begin facilitydeleted text end new text begin systemnew text end exceeding the nameplate capacity under its most
recent interconnection agreement; or
(ii) will result in the deleted text begin facilitydeleted text end new text begin systemnew text end exceeding the nameplate capacity under its most
recent interconnection agreement, provided that the Midcontinent Independent System
Operator has provided a signed generator interconnection agreement that reflects the expected
net power increase.
(b) For the purpose of this subdivision, "repowering project" means:
(1) modifying a large wind energy conversion system or a solar energy generating new text begin system
that is a new text end large energy facility to increase its efficiency without increasing its nameplate
capacity;
(2) replacing turbines in a large wind energy conversion system without increasing the
nameplate capacity of the system; or
(3) increasing the nameplate capacity of a large wind energy conversion system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to a large wind energy conversion system or a solar energy generating system whose
owner has filed an application for a certificate of need with the Public Utilities Commission
on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2021 Supplement, section 216C.375, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section and section 216C.376,
the following terms have the meanings given them.
(b) "Developer" means an entity that installs a solar energy system on a school building
that has been awarded a grant under this section.
(c) "Photovoltaic device" has the meaning given in section 216C.06, subdivision 16.
(d) "School" means: (1) a school that operates as part of an independent or special school
district;new text begin (2) a Tribal contract school;new text end or deleted text begin (2)deleted text end new text begin (3)new text end a state college or university that is under the
jurisdiction of the Board of Trustees of the Minnesota State Colleges and Universities.
(e) "School district" means an independent or special school district.
(f) "Solar energy system" means photovoltaic or solar thermal devices.
(g) "Solar thermal" has the meaning given to "qualifying solar thermal project" in section
216B.2411, subdivision 2, paragraph (d).
(h) "State colleges and universities" has the meaning given in section 136F.01, subdivision
4.
Sec. 8.
new text begin
[216C.377] SOLAR GRANT PROGRAM; PUBLIC BUILDINGS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Developer" means an entity that applies for a grant on behalf of a public building
under this section to install a solar energy generating system on the public building.
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(c) "Local unit of government" means a county, statutory or home rule charter city, town,
or other local government jurisdiction, excluding a school district eligible to receive financial
assistance under section 216C.375 or 216C.376.
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(d) "Municipal electric utility" means a utility that provides electric service to retail
customers in Minnesota and is governed by a city council or a local utilities commission.
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(e) "Public building" means a building owned and operated by a local unit of government.
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(f) "Solar energy generating system" has the meaning given in section 216E.01,
subdivision 9a.
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(g) "Utility" means a public utility, as defined in section 216B.02, subdivision 4, that
provides electric service, or a municipal electric utility.
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new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
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A solar on public buildings grant program is
established in the Department of Commerce. The purpose of the program is to provide grants
to stimulate the installation of solar energy generating systems on public buildings.
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new text begin Subd. 3. new text end
new text begin Establishment of account. new text end
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A solar on public buildings grant program account
is established in the special revenue fund. Money received from the general fund and the
renewable development account established in section 116C.779, subdivision 1, must be
transferred to the commissioner of commerce and credited to the account. Earnings, including
interest, dividends, and any other earnings arising from the assets of the account, must be
credited to the account. Earnings remaining in the account at the end of a fiscal year do not
cancel to the general fund or renewable development account but remain in the account
until expended. The commissioner must manage the account.
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new text begin Subd. 4. new text end
new text begin Expenditures. new text end
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Money in the account must be used only:
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(1) for grant awards made under this section; and
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(2) to pay the reasonable costs incurred by the department to administer this section.
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new text begin Subd. 5. new text end
new text begin Eligible applicants. new text end
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Only a local unit of government or a municipal electric
utility may apply for or be awarded a grant under this section.
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new text begin Subd. 6. new text end
new text begin Eligible system. new text end
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(a) A grant may be awarded under this section only if the solar
energy system that is the subject of the grant:
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(1) is installed on or adjacent to a public building that consumes the electricity generated
by the solar energy generating system, on property within the service territory of the utility
currently providing electric service to the public building; and
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(2) has a capacity that does not exceed the lesser of 40 kilowatts or 120 percent of the
average annual electricity consumption of the public building, measured over the most
recent three calendar years, at which the solar energy generating system is installed.
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(b) A public building that receives a rebate or other financial incentive under section
216B.241 for a solar energy system is eligible for a grant under this section for the same
solar energy generating system.
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(c) Before filing an application for a grant under this section, a local unit of government
or public building that is served by a municipal electric utility must inform the municipal
electric utility of the local unit of government's or public building's intention to do so. A
municipal electric utility may, under an agreement with a local unit of government, own
and operate a solar energy generating system awarded a grant under this section on behalf
of and for the benefit of the local unit of government.
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new text begin Subd. 7. new text end
new text begin Application process. new text end
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(a) The commissioner must issue a request for proposals
to utilities, local units of government, and developers who may wish to apply for a grant
under this section on behalf of a public building.
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(b) A utility or developer must submit an application to the commissioner on behalf of
a public building on a form prescribed by the commissioner. The form must include, at a
minimum, the following information:
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(1) the capacity of the proposed solar energy system and the amount of electricity that
is expected to be generated;
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(2) the current energy demand of the public building on which the solar energy generating
system is to be installed, information regarding any distributed energy resource that currently
provides electricity to the public building, and the size of the public building's subscription
to a community solar garden, if applicable;
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(3) information sufficient to estimate the energy and monetary savings that are projected
to result from installation of the solar energy generating system over the system's useful
life;
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(4) the total cost to purchase and install the solar energy system and the solar energy
system's lifecycle cost, including removal and disposal at the end of the system's life; and
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(5) a copy of the proposed contract agreement between the local unit of government and
the public utility or developer that includes provisions addressing the responsibility to
maintain, remove, and dispose of the solar energy system.
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(c) The commissioner must administer an open application process under this section
at least twice annually.
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(d) The commissioner must develop administrative procedures governing the application
and grant award process under this section.
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new text begin Subd. 8. new text end
new text begin Energy conservation review. new text end
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At the commissioner's request, a local unit of
government awarded a grant under this section must provide the commissioner with
information regarding energy conservation measures implemented at the public building at
which the solar energy generating system is to be installed. The commissioner may make
recommendations to the local unit of government regarding cost-effective conservation
measures the local unit of government can implement and may provide technical assistance
and direct the local unit of government to available financial assistance programs.
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new text begin Subd. 9. new text end
new text begin Technical assistance. new text end
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The commissioner must provide technical assistance to
local units of government to develop and execute projects under this section.
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new text begin Subd. 10. new text end
new text begin Grant payments. new text end
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A grant awarded under this section must be used only to
pay the necessary and reasonable costs associated with purchasing and installing a solar
energy system.
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new text begin Subd. 11. new text end
new text begin Installation. new text end
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Contractors and subcontractors installing a solar energy generating
system funded by a grant awarded under this section must comply with sections 177.41 to
177.43 with respect to the installation.
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new text begin Subd. 12. new text end
new text begin Reporting. new text end
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Beginning January 15, 2023, and each year thereafter until January
15, 2026, the commissioner must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over energy finance and policy regarding (1) grants
and amounts awarded to local units of government under this section during the previous
year, and (2) any remaining balance available in the account established under this section.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 9.
Minnesota Statutes 2020, section 216E.01, subdivision 9a, is amended to read:
Subd. 9a.
Solar energy generating system.
"Solar energy generating system" means a
set of devices whose primary purpose is to produce electricity by means of any combination
of collecting, transferring, or converting solar-generated energynew text begin , and may include
transmission lines designed for and capable of operating at 100 kilovolts or less that
interconnect a solar energy generating system with a high-voltage transmission linenew text end .
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 10.
Minnesota Statutes 2020, section 216E.03, subdivision 5, is amended to read:
Subd. 5.
Environmental review.
(a) The commissioner of the Department of Commerce
shall prepare for the commission an environmental impact statement on each proposed large
electricnew text begin powernew text end generating plant or high-voltage transmission line for which a complete
application has been submitted. The commissioner shall not consider whether or not the
project is needed. No other state environmental review documents shall be required. The
commissioner shall study and evaluate any site or route proposed by an applicant and any
other sitenew text begin , other than a site for a solar energy generating system,new text end or route the commission
deems necessary that was proposed in a manner consistent with rules concerning the form,
content, and timeliness of proposals for alternate sites or routes.
(b) For a cogeneration facility as defined in section 216H.01, subdivision 1a, that is a
large electric power generating plant and is not proposed by a utility, the commissioner
must make a finding in the environmental impact statement whether the project is likely to
result in a net reduction of carbon dioxide emissions, considering both the utility providing
electric service to the proposed cogeneration facility and any reduction in carbon dioxide
emissions as a result of increased efficiency from the production of thermal energy on the
part of the customer operating or owning the proposed cogeneration facility.
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 11.
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[500.216] LIMITS ON CERTAIN RESIDENTIAL SOLAR ENERGY
SYSTEMS PROHIBITED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The definitions in this subdivision apply to this section.
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(b) "Private entity" means a homeowners association, community association, or other
association that is subject to a homeowners association document.
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(c) "Homeowners association document" means a document containing the declaration,
articles of incorporation, bylaws, or rules and regulations of:
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(1) a common interest community, as defined in section 515B.1-103, regardless of
whether the common interest community is subject to chapter 515B; and
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(2) a residential community that is not a common interest community.
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(d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17.
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new text begin Subd. 2. new text end
new text begin General rule. new text end
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A private entity must not prohibit or refuse to permit installation,
maintenance, or use of a roof-mounted solar energy system by the owner of a single-family
dwelling, notwithstanding any covenant, restriction, or condition contained in a deed, security
instrument, homeowners association document, or any other instrument affecting the transfer,
sale of, or an interest in real property, except as provided in this section.
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new text begin Subd. 3. new text end
new text begin Applicability. new text end
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This section applies to single-family detached dwellings whose
owner is the sole owner of the entire building in which the dwelling is located and who is
solely responsible to maintain, repair, replace, and insure the entire building.
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new text begin Subd. 4. new text end
new text begin Allowable conditions. new text end
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(a) This section does not prohibit a private entity from
requiring that:
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(1) a licensed contractor install a solar energy system;
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(2) a roof-mounted solar energy system not extend above the peak of a pitched roof or
beyond the edge of the roof;
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(3) the owner or installer of a solar energy system indemnify or reimburse the private
entity or the private entity's members for loss or damage caused by the installation,
maintenance, use, repair, or removal of a solar energy system;
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(4) the owner and each successive owner of a solar energy system list the private entity
as a certificate holder on the homeowner's insurance policy; or
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(5) the owner and each successive owner of a solar energy system be responsible for
removing the system if reasonably necessary to repair, maintain, or replace common elements
or limited common elements, as defined in section 515B.1-103.
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(b) A private entity may impose other reasonable restrictions on the installation,
maintenance, or use of solar energy systems, provided that those restrictions do not decrease
the projected generation of energy by a solar energy system by more than 20 percent or
increase the solar energy system's cost by more than (1) 20 percent for a solar water heater,
or (2) $2,000 for a solar photovoltaic system, compared with the generation of energy and
the cost of labor and materials certified by the designer or installer of the solar energy system
as originally proposed without the restrictions. A private entity may obtain an alternative
bid and design from a solar energy system designer or installer for the purposes of this
paragraph.
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(c) A solar energy system must meet applicable standards and requirements imposed by
the state and by governmental units, as defined in section 462.384.
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(d) A solar energy system for heating water must be certified by the Solar Rating
Certification Corporation or an equivalent certification agency. A solar energy system for
producing electricity must meet all applicable safety and performance standards established
by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and
accredited testing laboratories, including but not limited to Underwriters Laboratories and,
where applicable, Public Utilities Commission rules regarding safety and reliability.
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(e) If approval by a private entity is required to install or use a solar energy system, the
application for approval (1) must be processed and approved in the same manner as an
application for approval of an architectural modification to the property, and (2) must not
be willfully avoided or delayed.
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(f) An application for approval must be made in writing and must contain certification
that the applicant meets any conditions required by a private entity under this subdivision.
An application must include a copy of the interconnection application submitted to the
applicable electric utility.
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(g) A private entity shall approve or deny an application in writing. If an application is
not denied in writing within 60 days from the date the application is received, the application
is deemed approved unless the delay is the result of a reasonable request for additional
information. If a private entity receives an incomplete application that the private entity
determines prevents a decision to approve or disapprove the application, a new 60-day limit
begins only if the private entity sends written notice to the applicant, within 15 business
days of the date the incomplete application is received, informing the applicant what
additional information is required.
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Sec. 12. new text begin PHOTOVOLTAIC DEMAND CREDIT RIDER.
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By October 1, 2022, an investor-owned utility that has not already done so must submit
to the Public Utilities Commission a photovoltaic demand credit rider that reimburses all
demand-metered customers with solar photovoltaic systems greater than 40 kilowatts
alternating current for the demand charge overbilling that occurs. The utility may submit
to the commission multiple options to calculate reimbursement for demand charge overbilling.
At least one submission must use a capacity value stack methodology. The commission is
prohibited from approving a photovoltaic demand credit rider unless the rider allows
stand-alone photovoltaic systems and photovoltaic systems coupled with storage. The
commission must approve the photovoltaic demand credit rider by June 30, 2023.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 13. new text begin REPEALER.
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new text begin
Minnesota Statutes 2020, sections 16B.323, subdivisions 1 and 2; and 16B.326,
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are
repealed.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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ARTICLE 22
ELECTRIC VEHICLES
Section 1.
Minnesota Statutes 2021 Supplement, section 16C.135, subdivision 3, is amended
to read:
Subd. 3.
Vehicle purchases.
new text begin (a) new text end Consistent with section 16C.137, subdivision 1, when
purchasing a motor vehicle for the enterprise fleet or for use by an agency, the commissioner
or the agency shall purchase deleted text begin a motor vehicle that is capable of being powered by cleaner
fuels, or a motor vehicle powered by electricity or by a combination of electricity and liquid
fuel, if the total life-cycle cost of ownership is less than or comparable to that of other
vehicles and if the vehicle is capabledeleted text end new text begin the motor vehicle in conformity with the following
vehicle preference hierarchy, with clause (1) representing the top of the hierarchy:
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(1) an electric vehicle;
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(2) a hybrid electric vehicle;
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(3) a vehicle capable of being powered by cleaner fuels; and
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(4) a vehicle powered by gasoline or diesel fuel.
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(b) The commissioner or agency may only reject a vehicle type that is higher on the
vehicle preference hierarchy if:
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new text begin (1) the vehicle type is incapablenew text end of carrying out the purpose for which it is purchaseddeleted text begin .deleted text end new text begin ;
or
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(2) the total life-cycle cost of ownership of a vehicle type that is higher on the vehicle
preference hierarchy is more than ten percent higher than the next lower vehicle type or the
vehicle preference hierarchy.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2020, section 16C.137, subdivision 1, is amended to read:
Subdivision 1.
Goals and actions.
Each state department must, whenever legally,
technically, and economically feasible, subject to the specific needs of the department and
responsible management of agency finances:
(1) ensure that all new on-road vehicles deleted text begin purchaseddeleted text end , excluding emergency and law
enforcement vehiclesdeleted text begin :deleted text end new text begin , are purchased in conformity with the hierarchy of preferences
established in section 16C.135, subdivision 3;
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(i) use "cleaner fuels" as that term is defined in section 16C.135, subdivision 1;
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(ii) have fuel efficiency ratings that exceed 30 miles per gallon for city usage or 35 miles
per gallon for highway usage, including but not limited to hybrid electric cars and
hydrogen-powered vehicles; or
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(iii) are powered solely by electricity;
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(2) increase its use of renewable transportation fuels, including ethanol, biodiesel, and
hydrogen from agricultural products; and
(3) increase its use of web-based Internet applications and other electronic information
technologies to enhance the access to and delivery of government information and services
to the public, and reduce the reliance on the department's fleet for the delivery of such
information and services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
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Sec. 3.
Minnesota Statutes 2020, section 160.08, subdivision 7, is amended to read:
Subd. 7.
No commercial establishment within right-of-way; exceptions.
No
commercial establishment, including but not limited to automotive service stations, for
serving motor vehicle users shall be constructed or located within the right-of-way of, or
on publicly owned or publicly leased land acquired or used for or in connection with, a
controlled-access highwaydeleted text begin ;deleted text end new text begin ,new text end except thatnew text begin :
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(1) structures may be built within safety rest and travel information center areas;
(2) space within state-owned buildings in those areas may be leased for the purpose of
providing information to travelers through advertising as provided in section 160.276;
(3) advertising signs may be erected within the right-of-way of interstate or
controlled-access trunk highways by franchise agreements under section 160.80;
(4) vending machines may be placed in rest areas, travel information centers, or weigh
stations constructed or located within trunk highway rights-of-way; deleted text begin and
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(5) acknowledgment signs may be erected under sections 160.272 and 160.2735deleted text begin .deleted text end new text begin ; and
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(6) electric vehicle charging stations may be installed, operated, and maintained in safety
rest areas.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 4.
Minnesota Statutes 2020, section 168.27, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Dealer training; electric vehicles. new text end
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(a) A new motor vehicle dealer licensed
under this chapter that operates under an agreement or franchise from a manufacturer and
sells electric vehicles must maintain at least one employee who is certified as having
completed a training course offered by a Minnesota motor vehicle dealership association
that addresses at least the following elements:
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(1) fundamentals of electric vehicles;
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(2) electric vehicle charging options and costs;
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(3) publicly available electric vehicle incentives;
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(4) projected maintenance and fueling costs for electric vehicles;
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(5) reduced tailpipe emissions, including greenhouse gas emissions, produced by electric
vehicles;
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(6) the impacts of Minnesota's cold climate on electric vehicle operation; and
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(7) best practices to sell electric vehicles.
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(b) For the purposes of this section, "electric vehicle" has the meaning given in section
169.011, subdivision 26a, paragraphs (a) and (b), clause (3).
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
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Sec. 5.
new text begin
[216B.1615] ELECTRIC VEHICLE DEPLOYMENT PROGRAM.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Battery exchange station" means a physical location deploying equipment that
enables a used electric vehicle battery to be removed and exchanged for a fresh electric
vehicle battery.
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(c) "Electric vehicle" means any device or contrivance that transports persons or property
and is capable of being powered by an electric motor drawing current from rechargeable
storage batteries, fuel cells, or other portable sources of electricity. Electric vehicle includes
but is not limited to:
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(1) an electric vehicle, as defined in section 169.011, subdivision 26a;
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(2) an electric-assisted bicycle, as defined in section 169.011, subdivision 27;
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(3) an off-road vehicle, as defined in section 84.797, subdivision 7;
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(4) a motorboat, as defined in section 86B.005, subdivision 9; or
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(5) an aircraft, as defined in section 360.013, subdivision 37.
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(d) "Electric vehicle charging station" means a physical location deploying equipment
that:
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(1) transfers electricity to an electric vehicle battery;
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(2) dispenses hydrogen into an electric vehicle powered by a fuel cell;
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(3) exchanges electric vehicle batteries; or
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(4) provides other equipment used to charge or fuel electric vehicles.
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(e) "Electric vehicle infrastructure" means electric vehicle charging stations and any
associated machinery, equipment, and infrastructure necessary for a public utility to supply
electricity or hydrogen to an electric vehicle charging station and to support electric vehicle
operation.
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(f) "Fuel cell" means a cell that converts the chemical energy of hydrogen directly into
electricity through electrochemical reactions.
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(g) "Government entity" means the state, a state agency, or a political subdivision, as
defined in section 13.02, subdivision 11.
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(h) "Public utility" has the meaning given in section 216B.02, subdivision 4.
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new text begin Subd. 2. new text end
new text begin Transportation electrification plan; contents. new text end
new text begin
(a) By June 1, 2023, and at
least every three years thereafter, a public utility must file a transportation electrification
plan with the commission that is designed to (1) maximize the overall benefits of electric
vehicles and other electrified transportation while minimizing overall costs, and (2) promote
the:
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(i) purchase of electric vehicles by the public utility's customers; and
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(ii) deployment of electric vehicle infrastructure in the public utility's service territory.
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(b) A transportation electrification plan may include but is not limited to the following
elements:
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(1) programs to educate and increase the awareness and benefits of electric vehicles and
electric vehicle charging equipment among individuals, electric vehicle dealers, single-family
and multifamily housing developers and property management companies, building owners
and tenants, vehicle service stations, vehicle fleet owners and managers, and other potential
users of electric vehicles;
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(2) utility investments and incentives the utility provides and offers to support
transportation electrification across all customer classes, including but not limited to
investments and incentives to facilitate:
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(i) the deployment of electric vehicles for personal and commercial use; customer- and
utility-owned electric vehicle charging stations; electric vehicle infrastructure to support
light-duty, medium-duty, and heavy-duty vehicle electrification; and other electric utility
infrastructure;
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(ii) widespread access to publicly available electric vehicle charging stations; and
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(iii) the electrification of public transit and vehicle fleets owned or operated by a
government entity;
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(3) research and demonstration projects to increase access to electricity as a transportation
fuel, minimize the system costs of electric transportation, and inform future transportation
electrification plans;
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(4) rate structures or programs that encourage electric vehicle charging that optimizes
electric grid operation, including time-varying rates and charging optimization programs;
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(5) programs to increase access to the benefits of electricity as a transportation fuel for
low- or moderate-income customers and communities and in neighborhoods most affected
by transportation-related air emissions; and
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(6) proposals to expedite commission consideration of program adjustments requested
during the term of an approved transportation electrification plan.
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(c) If funding is limited, a public utility must give priority under this section to
investments in communities whose governing body has enacted a resolution or goal
supporting electric vehicle adoption. A public utility must cooperate with local communities
to identify suitable locations, consistent with a community's local development plans, where
electric vehicle infrastructure may be strategically deployed.
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new text begin Subd. 3. new text end
new text begin Transportation electrification plan; review and implementation. new text end
new text begin
The
commission may approve, modify, or reject a transportation electrification plan. When
reviewing a transportation electrification plan, the commission must consider whether the
programs, investments, and expenditures as a whole are reasonably expected to:
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(1) improve the operation of the electric grid;
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(2) increase access to the use of electricity as a transportation fuel for all customers,
including those in low- or moderate-income communities, rural communities, and
communities most affected by emissions from the transportation sector;
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(3) increase access to publicly available electric vehicle charging and destination charging
for all types of electric vehicles;
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(4) support the electrification of medium-duty and heavy-duty vehicles and associated
charging infrastructure;
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(5) reduce statewide greenhouse gas emissions, as defined in section 216H.01, and
emissions of other air pollutants that impair the environment and public health;
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(6) stimulate private capital investment and the creation of skilled jobs;
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(7) educate the public about the benefits of electric vehicles and related infrastructure;
and
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(8) be transparent and incorporate reasonable public reporting of program activities,
consistent with existing technology and data capabilities, to inform program design and
commission policy with respect to electric vehicles.
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new text begin Subd. 4. new text end
new text begin Cost recovery. new text end
new text begin
(a) Notwithstanding any other provision of this chapter, the
commission may approve, with respect to any prudent and reasonable investments made or
expenses incurred by a public utility to administer and implement a transportation
electrification plan approved under subdivision 3:
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(1) a rider or other tariff mechanism to automatically adjust charges annually;
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(2) performance-based incentives;
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(3) placing the investment, including rebates, in the public utility's rate base and allowing
the public utility to earn a rate of return on the investment at:
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(i) the public utility's average weighted cost of capital, including the rate of return on
equity, approved by the commission in the public utility's most recent general rate case; or
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new text begin
(ii) another rate determined by the commission; or
new text end
new text begin
(4) any other recovery mechanism that the commission determines is fair, reasonable,
and supports the objectives of this section.
new text end
new text begin
(b) Notwithstanding section 216B.16, subdivision 8, paragraph (a), clause (3), the
commission must approve recovery costs for expenses reasonably incurred by a public
utility to provide public advertisement as part of a transportation electrification plan approved
by the commission under subdivision 3.
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. 6.
new text begin
[216B.1617] ELECTRIC SCHOOL BUS DEPLOYMENT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Battery exchange station" means a physical location where equipment is deployed
that enables a used electric vehicle battery to be exchanged for a fully charged battery.
new text end
new text begin
(c) "Electric school bus" means an electric vehicle that is a school bus.
new text end
new text begin
(d) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
new text end
new text begin
(e) "Electric vehicle charging station" means a physical location deploying equipment
that provides electricity to charge a battery in an electric vehicle.
new text end
new text begin
(f) "Electric vehicle infrastructure" means electric vehicle charging stations and battery
exchange stations, and includes any infrastructure necessary to make electricity from a
public utility's electric distribution system available to electric vehicle charging stations or
battery exchange stations.
new text end
new text begin
(g) "Poor air quality" means: (1) ambient air levels that air monitoring data reveals
approach or exceed state or federal air quality standards or chronic health inhalation risk
benchmarks for total suspended particulates, particulate matter less than ten microns wide
(PM-10), particulate matter less than 2.5 microns wide (PM-2.5), sulfur dioxide, or nitrogen
dioxide; or (2) levels of asthma among children that significantly exceed the statewide
average.
new text end
new text begin
(h) "School bus" has the meaning given in section 169.011, subdivision 71.
new text end
new text begin Subd. 2. new text end
new text begin Program. new text end
new text begin
(a) A public utility may file with the commission a program to
promote deployment of electric school buses.
new text end
new text begin
(b) The program may include but is not limited to the following elements:
new text end
new text begin
(1) a school district may purchase one or more electric school buses;
new text end
new text begin
(2) the public utility may provide a rebate to the school district for the incremental cost
the school district incurs to purchase one or more electric school buses when compared with
fossil-fuel-powered school buses;
new text end
new text begin
(3) at the request of a school district, the public utility may deploy on the school district's
real property electric vehicle infrastructure required to charge electric school buses;
new text end
new text begin
(4) for any electric school bus purchased by a school district with a rebate provided by
the public utility, the school district must enter into a contract with the public utility under
which the school district:
new text end
new text begin
(i) accepts any and all liability for operating the electric school bus;
new text end
new text begin
(ii) accepts responsibility to maintain and repair the electric school bus; and
new text end
new text begin
(iii) must allow the public utility an option to own the electric school bus's battery at the
time the battery is retired from the electric school bus; and
new text end
new text begin
(5) in collaboration with a school district, prioritize the deployment of electric school
buses in areas of the school district that suffer from poor air quality.
new text end
new text begin Subd. 3. new text end
new text begin Program review and implementation. new text end
new text begin
The commission must approve, modify,
or reject a proposal for a program filed under this section within 180 days of the date the
proposal is received. The commission's approval, modification, or rejection must be based
on the proposal's likelihood to, through prudent and reasonable utility investments:
new text end
new text begin
(1) accelerate deployment of electric school buses in the public utility's service territory,
particularly in areas with poor air quality; and
new text end
new text begin
(2) reduce emissions of greenhouse gases and particulates compared to
fossil-fuel-powered school buses.
new text end
new text begin Subd. 4. new text end
new text begin Cost recovery. new text end
new text begin
(a) Any prudent and reasonable investment made by a public
utility on electric vehicle infrastructure installed on a school district's real property may be
placed in the public utility's rate base and earn a rate of return, as determined by the
commission.
new text end
new text begin
(b) Notwithstanding any other provision of this chapter, the commission may approve
a tariff mechanism to automatically adjust annual charges for prudent and reasonable
investments made by a public utility to implement and administer a program approved by
the commission under subdivision 3.
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.
new text begin
[216C.402] GRANT PROGRAM; MANUFACTURERS' CERTIFICATION
OF AUTO DEALERS TO SELL ELECTRIC VEHICLES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A grant program is established in the Department of
Commerce to award grants to dealers to offset the costs to obtain the necessary training and
equipment that is required by electric vehicle manufacturers in order to certify a dealer to
sell electric vehicles produced by the manufacturer.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
An application for a grant under this section must be made to the
commissioner on a form developed by the commissioner. The commissioner must develop
administrative procedures and processes to review applications and award grants under this
section.
new text end
new text begin Subd. 3. new text end
new text begin Eligible applicants. new text end
new text begin
An applicant for a grant awarded under this section must
be a dealer of new motor vehicles licensed under chapter 168 operating under a franchise
from a manufacturer of electric vehicles.
new text end
new text begin Subd. 4. new text end
new text begin Eligible expenditures. new text end
new text begin
Appropriations made to support the activities of this
section must be used only to reimburse:
new text end
new text begin
(1) a dealer for the reasonable costs to obtain training and certification for the dealer's
employees from the electric vehicle manufacturer that awarded the franchise to the dealer;
new text end
new text begin
(2) a dealer for the reasonable costs to purchase and install equipment to service and
repair electric vehicles, as required by the electric vehicle manufacturer that awarded the
franchise to the dealer; and
new text end
new text begin
(3) the department for the reasonable costs incurred to administer this section.
new text end
new text begin Subd. 5. new text end
new text begin Limitation. new text end
new text begin
A grant awarded under this section to a single dealer must not
exceed $40,000.
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. 8.
Minnesota Statutes 2020, section 326B.103, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Electric vehicle capable space. new text end
new text begin
"Electric vehicle capable space" means a
designated automobile parking space that has electrical infrastructure, including but not
limited to raceways, cables, electrical capacity, and panelboard or other electrical distribution
space, necessary to install an electric vehicle charging station.
new text end
Sec. 9.
Minnesota Statutes 2020, section 326B.103, is amended by adding a subdivision
to read:
new text begin Subd. 6b. new text end
new text begin Electric vehicle charging station. new text end
new text begin
"Electric vehicle charging station" means
a designated automobile parking space that has a dedicated connection for charging an
electric vehicle.
new text end
Sec. 10.
Minnesota Statutes 2020, section 326B.103, is amended by adding a subdivision
to read:
new text begin Subd. 6c. new text end
new text begin Electric vehicle ready space. new text end
new text begin
"Electric vehicle ready space" means a designated
automobile parking space that has a branch circuit capable of supporting the installation of
an electric vehicle charging station.
new text end
Sec. 11.
Minnesota Statutes 2020, section 326B.103, is amended by adding a subdivision
to read:
new text begin Subd. 10a. new text end
new text begin Parking facilities. new text end
new text begin
"Parking facilities" includes parking lots, garages, ramps,
or decks.
new text end
Sec. 12.
Minnesota Statutes 2020, section 326B.106, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Electric vehicle charging. new text end
new text begin
The code shall require a minimum number of
electric vehicle-ready spaces, electric vehicle capable spaces, and electric vehicle charging
stations either within or adjacent to new commercial and multifamily structures that provide
on-site parking facilities. Residential structures with fewer than four dwelling units are
exempt from this subdivision.
new text end
Sec. 13. new text begin ELECTRIC VEHICLE CHARGING STATIONS; INSTALLATIONS IN
STATE AND REGIONAL PARKS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "DC fast charger" means electric vehicle charging station equipment that transfers
direct current electricity directly to an electric vehicle's battery.
new text end
new text begin
(c) "Electric vehicle" has the meaning given in Minnesota Statutes, section 169.011,
subdivision 26a.
new text end
new text begin
(d) "Electric vehicle charging station" means infrastructure that connects an electric
vehicle to a Level 2 or DC fast charger to recharge the electric vehicle's batteries.
new text end
new text begin
(e) "Level 2 charger" means electric vehicle charging station equipment that transfers
208- to 240-volt alternating current electricity to a device in an electric vehicle that converts
alternating current to direct current to recharge an electric vehicle battery.
new text end
new text begin Subd. 2. new text end
new text begin Program. new text end
new text begin
The commissioner of natural resources, in consultation with the
commissioners of the Pollution Control Agency, administration, and commerce, must
develop and fund the installation of a network of electric vehicle charging stations in
Minnesota state parks. The commissioners must issue a request for proposals to entities that
have experience installing, owning, operating, and maintaining electric vehicle charging
stations. The request for proposal must establish technical specifications that electric vehicle
charging stations are required to meet and must request responders to address:
new text end
new text begin
(1) the optimal number and location of charging stations installed in a given state park;
new text end
new text begin
(2) alternative arrangements that may be made to allocate responsibility for electric
vehicle charging station (i) ownership, operation, and maintenance, and (ii) billing
procedures; and
new text end
new text begin
(3) any other issues deemed relevant by the commissioners.
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 ELECTRIC VEHICLE CHARGING STATIONS; INSTALLATIONS AT
COUNTY GOVERNMENT CENTERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "DC fast charger" means electric vehicle charging station equipment that transfers
direct current electricity directly to an electric vehicle's battery.
new text end
new text begin
(c) "Electric vehicle" has the meaning given in Minnesota Statutes, section 169.011,
subdivision 26a.
new text end
new text begin
(d) "Electric vehicle charging station" means infrastructure that connects an electric
vehicle to a Level 2 or DC fast charger to recharge the electric vehicle's batteries.
new text end
new text begin
(e) "Level 2 charger" means electric vehicle charging station equipment that transfers
208- to 240-volt alternating current electricity to a device in an electric vehicle that converts
alternating current to direct current to recharge an electric vehicle battery.
new text end
new text begin Subd. 2. new text end
new text begin Program. new text end
new text begin
The commissioner of commerce must develop and fund the installation
of a network of electric vehicle charging stations in public parking facilities at county
government centers located in Minnesota. The commissioner must issue a request for
proposals to entities that have experience installing, owning, operating, and maintaining
electric vehicle charging stations. The request for proposal must establish technical
specifications that electric vehicle charging stations are required to meet and must request
responders to address:
new text end
new text begin
(1) the optimal number and location of charging stations installed at each county
government center;
new text end
new text begin
(2) alternative arrangements that may be made to allocate responsibility for electric
vehicle charging station (i) ownership, operation, and maintenance, and (ii) billing
procedures;
new text end
new text begin
(3) software used to allow payment for electricity consumed at the charging stations;
and
new text end
new text begin
(4) any other issues deemed relevant by the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin County role. new text end
new text begin
(a) A county has a right of first refusal with respect to ownership
of electric vehicle charging stations receiving funding under this section and installed at the
county government center.
new text end
new text begin
(b) A county may enter into agreements to (1) wholly or partially own, operate, or
maintain an electric vehicle charging system receiving funding under this section and
installed at the county government center, or (2) receive reports on the electric vehicle
charging system operations.
new text end
new text begin
(c) A county must authorize and approve the installation and location of an electric
vehicle charging station at a county government center under this section.
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 23
RENEWABLE ECONOMIC DEVELOPMENT
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) and (g), 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. 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.
(m) The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the legislature. 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 (n).
(n) 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.
(o) 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.
(p) The advisory group 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.
(q) 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.
(r) 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.
(s) 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.
(t) 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.
(u) Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
new text begin
(v) A construction project funded from an appropriation made under this section must
comply with sections 177.41 to 177.43.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to appropriations made on or after that date.
new text end
Sec. 2.
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. 3.
Minnesota Statutes 2020, section 216B.16, subdivision 13, is amended to read:
Subd. 13.
Economic and community development.
The commission may allow a
public utility to recover from ratepayers thenew text begin reasonablenew text end expenses incurrednew text begin (1)new text end for economic
and community developmentnew text begin , and (2) to employ local workers, as defined in section
216B.2422, subdivision 1, to construct and maintain generation facilities that supply power
to the utility's customersnew 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. 4.
Minnesota Statutes 2020, section 216B.1645, subdivision 2, is amended to read:
Subd. 2.
Cost recovery.
The expenses incurred by the utility over the duration of the
approved contract or useful life of the investment deleted text begin anddeleted text end new text begin ,new text end expenditures made pursuant to section
116C.779 deleted text begin shall bedeleted text end new text begin , and the expenses incurred to employ local workers to construct and
maintain generation facilities that supply power to the utility's customers arenew text end recoverable
from the ratepayers of the utilitydeleted text begin ,deleted text end new text begin (1) new text end to the extent deleted text begin theydeleted text end new text begin the expenses or expendituresnew text end are not
offset by utility revenues attributable to the contracts, investments, or expendituresnew text begin , and (2)
if the expenses or expenditures are deemed reasonable by the commissionnew text end . Upon petition
by a public utility, the commission shall approve or approve as modified a rate schedule
providing for the automatic adjustment of charges to recover the expenses or costs approved
by the commission under subdivision 1, which, in the case of transmission expenditures,
are limited to the portion of actual transmission costs that are directly allocable to the need
to transmit power from the renewable sources of energy. The commission may not approve
recovery of the costs for that portion of the power generated from sources governed by this
section that the utility sells into the wholesale market.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2020, section 216B.1691, subdivision 9, is amended to read:
Subd. 9.
Local benefits.
The commission shall take all reasonable actions within deleted text begin itsdeleted text end new text begin the
commission'snew text end statutory authority to ensure this section is implemented to maximize benefits
to Minnesota citizensnew text begin and local workers, as defined in section 216B.2422, subdivision 1new text end ,
balancing factors such as local ownership of or participation in energy productiondeleted text begin ,deleted text end new text begin ; local
job impacts, as defined in section 216B.2422, subdivision 1;new text end development and ownership
of eligible energy technology facilities by independent power producersdeleted text begin ,deleted text end new text begin ;new text end Minnesota utility
ownership of eligible energy technology facilitiesdeleted text begin ,deleted text end new text begin ;new text end the costs of energy generation to satisfy
the renewable standarddeleted text begin ,deleted text end new text begin ;new text end and the reliability of electric service to Minnesotans.
Sec. 6.
Minnesota Statutes 2020, section 216B.2422, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more
of electric power and serving, either directly or indirectly, the needs of 10,000 retail
customers in Minnesota. Utility does not include federal power agencies.
(c) "Renewable energy" means electricity generated through use of any of the following
resources:
(1) wind;
(2) solar;
(3) geothermal;
(4) hydro;
(5) trees or other vegetation;
(6) landfill gas; or
(7) predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge.
(d) "Resource plan" means a set of resource options that a utility could use to meet the
service needs of its customers over a forecast period, including an explanation of the supply
and demand circumstances under which, and the extent to which, each resource option
would be used to meet those service needs. These resource options include using,
refurbishing, and constructing utility plant and equipment, buying power generated by other
entities, controlling customer loads, and implementing customer energy conservation.
(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating
resource of 30 megawatts or greater.
(f) "Energy storage system" means a commercially available technology that:
(1) uses mechanical, chemical, or thermal processes to:
(i) store energy, including energy generated from renewable resources and energy that
would otherwise be wasted, and deliver the stored energy for use at a later time; or
(ii) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time;
(2) is composed of stationary equipment;
(3) if being used for electric grid benefits, is operationally visible and capable of being
controlled by the distribution or transmission entity managing it, to enable and optimize the
safe and reliable operation of the electric system; and
(4) achieves any of the following:
(i) reduces peak or electrical demand;
(ii) defers the need or substitutes for an investment in electric generation, transmission,
or distribution assets;
(iii) improves the reliable operation of the electrical transmission or distribution systems,
while ensuring transmission or distribution needs are not created; or
(iv) lowers customer costs by storing energy when the cost of generating or purchasing
it is low and delivering it to customers when the costs are high.
new text begin
(g) "Local job impacts" means the impacts of a certificate of need, a power purchase
agreement, or commission approval of a new or refurbished energy facility on the availability
of construction employment opportunities to local workers.
new text end
new text begin
(h) "Local workers" means workers who (1) are employed to construct and maintain
energy infrastructure; and (2) are Minnesota residents, are residents of the utility's service
territory, or permanently reside within 150 miles of a proposed new or refurbished energy
facility.
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.2422, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Preference for local job creation. new text end
new text begin
As part of a resource plan filing, a utility
must report on associated local job impacts and the steps the utility and the utility's energy
suppliers and contractors are taking to maximize the availability of construction employment
opportunities for local workers. The commission must consider local job impacts and give
preference to proposals that maximize the creation of construction employment opportunities
for local workers, consistent with the public interest, when evaluating any utility proposal
that involves the selection or construction of facilities used to generate or deliver energy to
serve the utility's customers, including but not limited to an integrated resource plan, a
certificate of need, a power purchase agreement, or commission approval of a new or
refurbished electric generation facility. The commission must, to the maximum extent
possible, prioritize the hiring of workers from communities hosting retiring electric generation
facilities, including workers previously employed at the retiring facilities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to an integrated resource plan filed with the commission on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2020, section 216B.2422, subdivision 5, is amended to read:
Subd. 5.
Bidding; exemption from certificate of need proceeding.
(a) A utility may
select resources to meet its projected energy demand through a bidding process approved
or established by the commission. A utility shall use the environmental cost estimates
determined under subdivision 3 deleted text begin indeleted text end new text begin and consider local job impacts whennew text end evaluating bids
submitted in a process established under this subdivision.
(b) Notwithstanding any other provision of this section, if an electric power generating
plant, as described in section 216B.2421, subdivision 2, clause (1), is selected in a bidding
process approved or established by the commission, a certificate of need proceeding under
section 216B.243 is not required.
(c) A certificate of need proceeding is also not required for an electric power generating
plant that has been selected in a bidding process approved or established by the commission,
or such other selection process approved by the commission, to satisfy, in whole or in part,
the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to an integrated resource plan filed with the commission on or after that date.
new text end
Sec. 9.
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 farmland,
as defined in section 216C.436, subdivision 1b,new 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, as defined in section 216C.436, subdivision 1b,new text end can deleted text begin be benefited bydeleted text end new text begin benefit
from thenew 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. 10.
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 Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Agronomic assessment" means a study by an independent third party that assesses
the environmental impacts of proposed land and water improvements on farmland.
new text end
new text begin
(c) "Farmland" means land classified as 2a, 2b, or 2c for property tax purposes under
section 273.13, subdivision 23.
new text end
new text begin
(d) "Land and water improvement" means:
new text end
new text begin
(1) an improvement to farmland that is permanent, results in improved agricultural
profitability or resiliency, and reduces the environmental impact of agricultural production;
or
new text end
new text begin
(2) water conservation and quality measures, which include permanently affixed
equipment, appliances, or improvements that reduce a property's water consumption or that
enable water to be managed more efficiently.
new text end
new text begin
Land and water improvement does not include drainage.
new text end
new text begin
(e) "Resiliency" means the ability of farmland to maintain and enhance profitability,
soil health, and water quality.
new text end
Sec. 11.
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 deleted text begin ordeleted text end new text begin ,new text end renewable energy system feasibility studynew text begin , or agronomic
or soil health assessmentnew text end 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 improvementsnew text begin or land and water
improvementsnew text end 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 propertydeleted text begin .deleted text end new 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
property.
new text end
Sec. 12.
new text begin
[216C.441] MINNESOTA INNOVATION FINANCE AUTHORITY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Advisory task force" means the Minnesota Innovation Finance Authority advisory
task force.
new text end
new text begin
(c) "Authority" means the Minnesota Innovation Finance Authority.
new text end
new text begin
(d) "Clean energy project" has the meaning given to "qualified project" in paragraph
(k), clauses (1) to (4).
new text end
new text begin
(e) "Credit enhancement" means a pool of capital set aside to cover potential losses on
loans made by private lenders. Credit enhancement includes but is not limited to loan loss
reserves and loan guarantees.
new text end
new text begin
(f) "Energy storage system" has the meaning given in section 216B.2422, subdivision
1, paragraph (f).
new text end
new text begin
(g) "Fuel cell" means a cell that converts the chemical energy of hydrogen directly into
electricity through electrochemical reactions.
new text end
new text begin
(h) "Greenhouse gas emissions" has the meaning given to "statewide greenhouse gas
emissions" in section 216H.01, subdivision 2.
new text end
new text begin
(i) "Loan loss reserve" means a pool of capital set aside to reimburse a private lender if
a customer defaults on a loan, up to an agreed-upon percentage of loans originated by the
private lender.
new text end
new text begin
(j) "Microgrid system" means an electrical grid that (1) serves a discrete geographical
area from distributed energy resources, and (2) can operate independently from the central
electric grid on a temporary basis.
new text end
new text begin
(k) "Qualified project" means a project, technology, product, service, or measure
predominantly focused on clean energy, electrification, or energy or climate resilience as
follows:
new text end
new text begin
(1) a project, technology, product, service, or measure that:
new text end
new text begin
(i) results in the reduction of energy use while providing the same level of service or
output obtained before the project, technology, product, service, function, or measure was
applied;
new text end
new text begin
(ii) shifts the use of electricity by retail customers in response to changes in the price of
electricity that vary over time or provides other incentives designed to shift electricity
demand from times when market prices are high or when system reliability is jeopardized;
or
new text end
new text begin
(iii) significantly reduces greenhouse gas emissions relative to greenhouse gas emissions
produced before the project is implemented, excluding projects that generate power from
the combustion of fossil fuels;
new text end
new text begin
(2) the development, construction, deployment, alteration, or repair of any:
new text end
new text begin
(i) project, technology, product, service, or measure that generates electric power from
renewable energy; or
new text end
new text begin
(ii) distributed generation system, energy storage system, smart grid technology, microgrid
system, fuel cell system, or combined heat and power system;
new text end
new text begin
(3) the installation, construction, or use of end-use electric technology that replaces
existing fossil-fuel-based technology;
new text end
new text begin
(4) a project, technology, product, service, or measure that supports the development
and deployment of electric vehicle charging stations and associated infrastructure;
new text end
new text begin
(5) a project that reduces net greenhouse gas emissions or improves climate resiliency,
including but not limited to reforestation, afforestation, forestry management, and
regenerative agriculture;
new text end
new text begin
(6) the construction or enhancement of infrastructure that is planned, designed, and
operated in a manner that anticipates, prepares for, and adapts to current and projected
changing climate conditions so that the infrastructure withstands, responds to, and more
readily recovers from disruptions caused by the current and projected changing climate
conditions; and
new text end
new text begin
(7) the development, construction, deployment, alteration, or repair of any project,
technology, product, service, or measure that: (i) reduces water use while providing the
same or better level and quality of service or output that was obtained before implementing
the water-saving approach; or (ii) protects, restores, or preserves the quality of groundwater
and surface waters, including but not limited to actions that further the purposes of the Clean
Water Legacy Act, as provided in section 114D.10, subdivision 1.
new text end
new text begin
(l) "Regenerative agriculture" means farming methods that reduce agriculture's
contribution to climate change by increasing the soil's ability to absorb atmospheric carbon
and convert the atmospheric carbon to soil carbon.
new text end
new text begin
(m) "Renewable energy" has the meaning given in section 216B.2422 and includes fuel
cells generated from renewable energy.
new text end
new text begin
(n) "Smart grid" means a digital technology that (1) allows for two-way communication
between a utility and the utility's customers, and (2) enables the utility to control power
flow and load in real time.
new text end
new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
new text begin
(a) By September 1, 2022, the department must
establish and convene a Minnesota Innovation Finance Authority Advisory Task Force.
new text end
new text begin
(b) By February 1, 2023, the Minnesota Innovation Finance Authority Advisory Task
Force convened by the department must establish the Minnesota innovation finance authority
as a nonprofit corporation, including the development of the nonprofit board under chapter
317A, and must seek designation as a charitable tax-exempt organization under section
501(c)(3) of the Internal Revenue Code of 1986, as amended. The advisory task force must
engage independent legal counsel with relevant experience in nonprofit corporate law to
help establish the nonprofit corporation. The nonprofit corporation must be governed by a
board of directors.
new text end
new text begin
(c) The authority must establish bylaws, subject to the prior approval by the
commissioner.
new text end
new text begin
(d) The initial board of directors must include at least a majority of the members of the
advisory task force established under subdivision 5.
new text end
new text begin
(e) When incorporated, the authority must serve as an independent, nonprofit corporation
for public benefit whose purpose is to (1) promote investments in qualified clean energy,
efficiency, electrification, and other climate-mitigation-related projects, and (2) accelerate
the deployment of qualified projects by reducing the up-front and total cost of adoption.
The authority may achieve the purposes under this paragraph by leveraging public sources
and additional private sources of capital through the strategic deployment of public money
in the form of loans, credit enhancements, and other financing mechanisms, along with
strategies that stimulate demand.
new text end
new text begin
(f) The authority must:
new text end
new text begin
(1) identify underserved markets for qualified projects in Minnesota, develop programs
to overcome market impediments, and provide access to financing to serve the projects and
underserved markets;
new text end
new text begin
(2) except in cases of projects within identified disadvantaged communities, as determined
by the commissioner, that may limit an investment, strategically prioritize money to leverage
private investment in qualified projects, achieving a high ratio of private to public money
invested through funding mechanisms that support, enhance, and complement private
investment;
new text end
new text begin
(3) coordinate with existing government- and utility-based programs to ensure (i) the
most effective use of the authority's resources, (ii) that financing terms and conditions
offered are well-suited to qualified projects, (iii) coordination of communication with respect
to all financing options under this section and other state and utility programs, and (iv) the
authority's activities add to and complement the efforts of state and utility partners;
new text end
new text begin
(4) serve as an informational resource for contractors interested in installing qualified
projects by forming partnerships with and educating contractors regarding the authority's
financing programs and coordinating multiple contractors on projects that install multiple
qualifying technologies;
new text end
new text begin
(5) develop innovative and inclusive marketing strategies to stimulate project owner
interest in targeted underserved markets;
new text end
new text begin
(6) serve as a financial resource to reduce the up-front and total costs to borrowers;
new text end
new text begin
(7) prioritize projects that maximize greenhouse gas emission reductions or address
disparities in access to clean energy projects for underserved communities;
new text end
new text begin
(8) ensure that workers employed by contractors and subcontractors performing
construction work on projects over $100,000, financed all or in part by the authority, are
paid wages not less than the prevailing wage on similar construction projects in the applicable
locality;
new text end
new text begin
(9) develop rules, policies, and procedures specifying borrower eligibility and other
terms and conditions for financial support offered by the fund that must be met before
financing support is provided for any qualified clean energy project;
new text end
new text begin
(10) develop and administer (i) policies to collect reasonable fees for authority services,
and (ii) risk management activities that are sufficient to support ongoing authority activities;
new text end
new text begin
(11) subject to review by the department, develop and adopt a work plan to accomplish
all of the activities required of the authority and update the work plan on an annual basis;
new text end
new text begin
(12) develop consumer protection standards governing the authority's investments to
ensure the authority and partners provide financial support in a responsible and transparent
manner that is in the financial interest of participating project owners and serves the defined
underserved markets and disadvantaged communities; or
new text end
new text begin
(13) establish and maintain an online and mobile-access portal that provides access to
all authority programs and financial products, including rates, terms, and conditions of all
financing support programs, unless disclosure of the information constitutes a trade secret
or confidential commercial or financial information.
new text end
new text begin Subd. 3. new text end
new text begin Additional department responsibilities. new text end
new text begin
In addition to the responsibilities
listed in this chapter, the department must:
new text end
new text begin
(1) review consumer protection standards established by the authority; and
new text end
new text begin
(2) provide standard state oversight to money appropriated under this section.
new text end
new text begin Subd. 4. new text end
new text begin Additional authorized activities. new text end
new text begin
The authority is authorized to:
new text end
new text begin
(1) engage in any activities of a Minnesota nonprofit corporation operating under chapter
317A;
new text end
new text begin
(2) develop and employ financing methods to support qualified projects, including:
new text end
new text begin
(i) credit enhancement mechanisms that reduce financial risk for private lenders by
providing assurance that a limited portion of a loan is assumed by the fund via a loan loss
reserve, loan guarantee, or other mechanism;
new text end
new text begin
(ii) co-investment, where the fund invests directly in a clean energy project by providing
senior or subordinated debt, equity, or other mechanisms in conjunction with a private
financier's investment; and
new text end
new text begin
(iii) serving as an aggregator of many small and geographically dispersed qualified
projects, where the authority may provide direct lending, investment, or other financial
support in order to diversify risk; and
new text end
new text begin
(3) seek to qualify as a community development financial institution under United States
Code, title 12, section 4702, in which case the authority must be treated as a qualified
community development entity for the purposes of sections 45D and 1400(m) of the Internal
Revenue Code.
new text end
new text begin Subd. 5. new text end
new text begin Advisory task force; membership. new text end
new text begin
(a) The Minnesota Innovation Finance
Authority Advisory Task Force is established and consists of 15 members as follows:
new text end
new text begin
(1) the commissioner of commerce or the commissioner's designee, who serves as chair
of the advisory task force;
new text end
new text begin
(2) the commissioner of employment and economic development or the commissioner's
designee;
new text end
new text begin
(3) the commissioner of the Pollution Control Agency or the commissioner's designee;
new text end
new text begin
(4) the commissioner of agriculture or the commissioner's designee;
new text end
new text begin
(5) two additional members appointed by the governor;
new text end
new text begin
(6) two additional members appointed by the speaker of the house;
new text end
new text begin
(7) two additional members appointed by the president of the senate; and
new text end
new text begin
(8) five members that have extensive life or work experience within economically
disadvantaged communities that the authority aims to serve, appointed by the governor and
the commissioners identified in clauses (1) to (4).
new text end
new text begin
(b) The members appointed to the advisory task force under paragraph (a), clauses (6)
and (7), must have expertise in matters relating to energy conservation, clean energy,
economic development, banking, law, finance, or other matters relevant to the work of the
advisory task force.
new text end
new text begin
(c) When appointing a member to the advisory task force, consideration must be given
to whether the advisory task force members collectively reflect the geographical and ethnic
diversity of Minnesota.
new text end
new text begin
(d) Members of the advisory task force must abide by the conflict of interest provisions
in section 43A.38.
new text end
new text begin
(e) In order to ensure participation, the commissioner may provide a nominal grant to
any advisory task force member that demonstrates financial need in order to participate.
new text end
new text begin Subd. 6. new text end
new text begin Report; audit. new text end
new text begin
Beginning February 1, 2024, the authority must annually submit
a comprehensive report on the authority's activities for the previous fiscal year to the governor
and the chairs and ranking minority members of the legislative committees with primary
jurisdiction over energy policy. The report must contain, at a minimum, information on:
new text end
new text begin
(1) the amount of authority capital invested, itemized by project type;
new text end
new text begin
(2) the amount of private capital leveraged as a result of authority investments, itemized
by project type;
new text end
new text begin
(3) the number of qualified projects supported, itemized by project type and location
within Minnesota;
new text end
new text begin
(4) the estimated number of jobs created and tax revenue generated as a result of the
authority's activities;
new text end
new text begin
(5) the number of clean energy projects financed in low- and moderate-income
households; and
new text end
new text begin
(6) the authority's financial statements.
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
[216C.46] ENERGY ALLEY START-UP FUND.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Decarbonization technology" means a technology whose implementation results in
a reduction in statewide greenhouse gas emissions, as defined in section 216H.01, subdivision
2.
new text end
new text begin
(c) "Emerging energy technology" means carbon-reducing energy technologies, systems,
or practices that are not yet at the commercialization stage.
new text end
new text begin
(d) "Qualified equity business" means a minority-, women-, or veteran-owned business,
as the terms are defined in section 116J.8737.
new text end
new text begin
(e) "Qualified greater Minnesota business" means a business that is certified by the
commissioner as a qualified small business and as a qualified greater Minnesota business
under section 116J.8737, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
new text begin
An energy alley start-up fund account is established
in the Department of Commerce to provide loans and grants to qualified businesses to:
new text end
new text begin
(1) promote the start-up, expansion, and attraction of emerging energy technologies and
businesses within Minnesota; and
new text end
new text begin
(2) stimulate other innovative decarbonization technology projects that are capable of
being developed at a large scale.
new text end
new text begin Subd. 3. new text end
new text begin Account established. new text end
new text begin
An energy alley start-up fund account is established in
the special revenue fund in the state treasury. Earnings, including interest, dividends, and
any other earnings arising from assets of the account, must be credited to the account.
Nonstate money obtained by the commissioner for the purposes of this section must be
credited to the account. The commissioner must manage the account. Money in the account
is appropriated to the commissioner for the purposes of this section and must be expended
only as provided in this section.
new text end
new text begin Subd. 4. new text end
new text begin Nonstate contributions; influence prohibited. new text end
new text begin
(a) The commissioner must
ensure any nonstate money deposited in the account, and the sources of nonstate money,
have no influence over (1) awarding grants or loans, or (2) other activities conducted under
this section.
new text end
new text begin
(b) The commissioner may retain no more than three percent annually of money credited
to the account for the department's administrative expenses.
new text end
new text begin Subd. 5. new text end
new text begin Allocation of funds. new text end
new text begin
Money in the account must be allocated as follows:
new text end
new text begin
(1) at least 50 percent to qualified greater Minnesota businesses or qualified equity
businesses;
new text end
new text begin
(2) up to 65 percent to establish a low-interest loan fund and loan loss reserve;
new text end
new text begin
(3) at least 35 percent to provide grants under this section.
new text end
new text begin Subd. 6. new text end
new text begin Loans. new text end
new text begin
(a) Loan recipients must repay loan amounts awarded under this section
by the end of the loan term. Loan repayment amounts must be credited to the account. The
department may use up to ten percent of the low-interest land funds or 6.5 percent of total
money available, whichever is greater, under this section to: (1) establish a loan loss reserve
in order to leverage additional investments; (2) ensure funding for emerging, innovative
energy products; and (3) ensure accessibility by small businesses.
new text end
new text begin
(b) No loans may be awarded under this section after June 30, 2025.
new text end
new text begin Subd. 7. new text end
new text begin Application process. new text end
new text begin
(a) An application for a grant or loan under this section
must be made to the commissioner on a form developed by the commissioner.
new text end
new text begin
(b) An application made under this section must be evaluated by the investment committee
established under subdivision 10.
new text end
new text begin
(c) The commissioner must develop administrative procedures necessary to implement
this section.
new text end
new text begin Subd. 8. new text end
new text begin Grant awards; limitations. new text end
new text begin
(a) The commissioner must award grants under
this section to eligible applicants through a competitive process.
new text end
new text begin
(b) An eligible entity must be (1) located in Minnesota, or (2) able to demonstrate how
the grant directly and significantly benefits Minnesotans in a manner that meets criteria
established by the commissioner.
new text end
new text begin Subd. 9. new text end
new text begin Technical advisory committee; membership. new text end
new text begin
(a) The commissioner must
establish and appoint members to the technical advisory committee to assist in the
development of criteria governing the award of grants under this section. The technical
advisory committee must have expertise in energy research and development, energy
conservation, clean energy technology development, economic development, or energy
project financing.
new text end
new text begin
(b) The commissioner must appoint members to the technical advisory committee who
collectively reflect the geographic and ethnic diversity of Minnesota.
new text end
new text begin
(c) Members of the technical advisory committee must comply with the conflicts of
interest provisions under section 43A.38.
new text end
new text begin Subd. 10. new text end
new text begin Investment committee; duties; membership. new text end
new text begin
(a) The commissioner, in
consultation with the commissioner of employment and economic development, must
establish and appoint members to an investment committee to review and recommend
applications for grant and loan awards under this section.
new text end
new text begin
(b) The investment committee must consist of seven members with expertise and
experience in investments and finance. The commissioner or the commissioner's designee,
and the commissioner of employment and economic development or the commissioner of
employment and economic development's designee, must serve as members of the investment
committee. The commissioner or the commissioner's designee serves as chair of the
investment committee.
new text end
new text begin
(c) The commissioner must appoint members of the investment committee who
collectively reflect the geographic and ethnic diversity of Minnesota.
new text end
new text begin
(d) Members of the investment committee must comply with the conflicts of interest
provisions under section 43A.38. Entities represented by members of the investment
committee are ineligible to receive grants under this section.
new text end
new text begin Subd. 11. new text end
new text begin Annual report; audit. new text end
new text begin
On or before February 15, 2024, and by February 15
each year thereafter, the commissioner must report on the activities of the fund for the
preceding calendar year to the chairs and ranking minority members of the senate and house
of representatives committees with jurisdiction over energy finance and policy and economic
development finance. The report must include but is not limited to information specifying:
new text end
new text begin
(1) the number of applications for funding received;
new text end
new text begin
(2) the number of applications selected for grants and loans;
new text end
new text begin
(3) the total amount of grants and loans issued in the previous year and to date, itemized
by project type; and
new text end
new text begin
(4) a complete operating and financial statement covering the fund's operations for the
preceding year.
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
[216C.47] GRANTS FOR RENEWABLE INTEGRATION AND
DEMONSTRATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Grid modernization" means:
new text end
new text begin
(1) enhancing electric grid service quality and reliability;
new text end
new text begin
(2) improving the security of the electric grid and critical infrastructure against
cyberthreats and physical threats; and
new text end
new text begin
(3) increasing energy conservation opportunities by facilitating communication between
the utility and the utility's customers through the use of two-way meters, control technologies,
energy storage and microgrids, technologies that enable demand flexibility, and other
innovative technologies.
new text end
new text begin
(c) "Renewable energy" has the meaning given in section 216B.2422, subdivision 1,
paragraph (c).
new text end
new text begin Subd. 2. new text end
new text begin Establishment; purpose. new text end
new text begin
A grants for renewable integration and demonstration
program is established in the department. The purpose of the program is to provide grants
for projects to:
new text end
new text begin
(1) stimulate research, deployment, and grid integration of renewable electric energy
technologies;
new text end
new text begin
(2) encourage grid modernization, including but not limited to projects that implement
electricity storage, generation control, load control, and smart meter technology; and
new text end
new text begin
(3) stimulate other innovative energy projects that (i) reduce demand, and (ii) increase
system efficiency and flexibility to benefit customers of the utility that owns nuclear
generating units in Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Program account. new text end
new text begin
A grants for renewable integration and demonstration
program account is established as a separate account in the special revenue fund in the state
treasury.
new text end
new text begin Subd. 4. new text end
new text begin Expenditures. new text end
new text begin
Money in the account may be used only:
new text end
new text begin
(1) for grant awards made under this section;
new text end
new text begin
(2) for costs to procure technical evaluation services; and
new text end
new text begin
(3) to pay reasonable costs incurred by the department to administer this section.
new text end
new text begin Subd. 5. new text end
new text begin Eligibility. new text end
new text begin
The commissioner must determine whether a project is eligible for
a grant under this section. When evaluating a project for approval, the commissioner must
consider:
new text end
new text begin
(1) diversity, equity, and inclusion;
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new text begin
(2) greenhouse gas emissions;
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new text begin
(3) resiliency value;
new text end
new text begin
(4) grid security;
new text end
new text begin
(5) jobs and economic development; and
new text end
new text begin
(6) other potential benefits to Minnesota citizens and businesses, ratepayers receiving
electric service from the utility that owns a nuclear-powered electric generating plant in
Minnesota, the Prairie Island Indian community, or Prairie Island Indian community
members.
new text end
new text begin Subd. 6. new text end
new text begin Reporting. new text end
new text begin
(a) A project that receives money from a grant approved under this
section 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 Minnesota and the public
utility's ratepayers.
new text end
new text begin
(b) Final reports, any project status reports, and grants for renewable integration and
demonstration program balances must be posted on a public website designated by the
commissioner.
new text end
new text begin
(c) 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.
new text end
new text begin
(d) By February 15 each year, the commissioner must report to the chairs and ranking
minority members of the legislative committees with primary jurisdiction over energy
regarding: (1) grants issued under this section during the previous calendar year; and (2)
any remaining balance available under this section.
new text end
new text begin Subd. 7. new text end
new text begin Gifts; grants; donations. new text end
new text begin
The program may accept gifts and grants on behalf
of the state that constitute donations to the state. Money received under this subdivision is
appropriated to the commissioner of commerce to support the program under this section.
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.
Minnesota Statutes 2020, section 216E.03, subdivision 7, is amended to read:
Subd. 7.
Considerations in designating sites and routes.
(a) The commission's site
and route permit determinations must be guided by the state's goals to conserve resources,
minimize environmental impacts, minimize human settlement and other land use conflicts,
and ensure the state's electric energy security through efficient, cost-effective power supply
and electric transmission infrastructure.
(b) To facilitate the study, research, evaluation, and designation of sites and routes, the
commission shall be guided by, but not limited to, the following considerations:
(1) evaluation of research and investigations relating to the effects on land, water and
air resources of large electric power generating plants and high-voltage transmission lines
and the effects of water and air discharges and electric and magnetic fields resulting from
such facilities on public health and welfare, vegetation, animals, materials and aesthetic
values, including baseline studies, predictive modeling, and evaluation of new or improved
methods for minimizing adverse impacts of water and air discharges and other matters
pertaining to the effects of power plants on the water and air environment;
(2) environmental evaluation of sites and routes proposed for future development and
expansion and their relationship to the land, water, air and human resources of the state;
(3) evaluation of the effects of new electric power generation and transmission
technologies and systems related to power plants designed to minimize adverse environmental
effects;
(4) evaluation of the potential for beneficial uses of waste energy from proposed large
electric power generating plants;
(5) analysis of the direct and indirect economic impact of proposed sites and routes
including, but not limited to, productive agricultural land lost or impaired;
(6) evaluation of adverse direct and indirect environmental effects that cannot be avoided
should the proposed site and route be accepted;
(7) evaluation of alternatives to the applicant's proposed site or route proposed pursuant
to subdivisions 1 and 2;
(8) evaluation of potential routes that would use or parallel existing railroad and highway
rights-of-way;
(9) evaluation of governmental survey lines and other natural division lines of agricultural
land so as to minimize interference with agricultural operations;
(10) evaluation of the future needs for additional high-voltage transmission lines in the
same general area as any proposed route, and the advisability of ordering the construction
of structures capable of expansion in transmission capacity through multiple circuiting or
design modifications;
(11) evaluation of irreversible and irretrievable commitments of resources should the
proposed site or route be approved; deleted text begin and
deleted text end
(12) when appropriate, consideration of problems raised by other state and federal
agencies and local entitiesdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(13) evaluation of the benefits of the proposed facility with respect to protecting and
enhancing environmental quality, and to the reliability of state and regional energy supplies;
new text end
new text begin
(14) evaluation of the proposed facility's impact on socioeconomic factors; and
new text end
new text begin
(15) evaluation of the proposed facility's employment and economic impacts in the
vicinity of the facility site and throughout the state, including the quantity and quality of
construction and permanent jobs and the jobs' compensation levels. The commission must
consider a facility's local employment and economic impacts, and may reject or place
conditions on a site or route permit based on the factors under this clause.
new text end
(c) If the commission's rules are substantially similar to existing regulations of a federal
agency to which the utility in the state is subject, the federal regulations must be applied by
the commission.
(d) No site or route shall be designated which violates state agency rules.
(e) The commission must make specific findings that it has considered locating a route
for a high-voltage transmission line on an existing high-voltage transmission route and the
use of parallel existing highway right-of-way and, to the extent those are not used for the
route, the commission must state the reasons.
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.
Minnesota Statutes 2020, section 216E.03, subdivision 10, is amended to read:
Subd. 10.
Final decision.
(a) No site permit shall be issued in violation of the site
selection standards and criteria established in this section and in rules adopted by the
commission. When the commission designates a site, it shall issue a site permit to the
applicant with any appropriate conditions. The commission shall publish a notice of its
decision in the State Register within 30 days of issuance of the site permit.
(b) No route permit shall be issued in violation of the route selection standards and
criteria established in this section and in rules adopted by the commission. When the
commission designates a route, it shall issue a permit for the construction of a high-voltage
transmission line specifying the design, routing, right-of-way preparation, and facility
construction it deems necessary, and with any other appropriate conditions. The commission
may order the construction of high-voltage transmission line facilities that are capable of
expansion in transmission capacity through multiple circuiting or design modifications. The
commission shall publish a notice of its decision in the State Register within 30 days of
issuance of the permit.
new text begin
(c) No site permit may be issued under this chapter for a large electric power generating
plant, including the modification of a site permit for a repowering project, as defined in
section 216B.243, subdivision 8, paragraph (b), unless the applicant certifies to the
commission in writing that all employees who perform construction work on the large
electric power generating plant, including the employees of contractors and subcontractors,
are paid no less than the prevailing wage, as defined in section 177.42.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to a site permit, or the modification of a site permit for a repowering project, whose
application is filed with the commission on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2020, section 216F.04, is amended to read:
216F.04 SITE PERMIT.
(a) No person may construct an LWECS without a site permit issued by the Public
Utilities Commission.
(b) Any person seeking to construct an LWECS shall submit an application to the
commission for a site permit in accordance with this chapter and any rules adopted by the
commission. The permitted site need not be contiguous land.
(c) The commission shall make a final decision on an application for a site permit for
an LWECS within 180 days after acceptance of a complete application by the commission.
The commission may extend this deadline for cause.
(d) The commission may place conditions in a permit and may deny, modify, suspend,
or revoke a permit.
new text begin
(e) No site permit may be issued for an LWECS with a combined nameplate capacity
of 25,000 kilowatts or more under this chapter, including the modification of a site permit
for a repowering project, as defined in section 216B.243, subdivision 8, paragraph (b),
unless the applicant certifies in writing to the commission that all employees who perform
construction work on the LWECS, including the employees of contractors and subcontractors,
are paid no less than the prevailing wage, as defined in section 177.42.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to a site permit, or the modification of a site permit for a repowering project, whose
application is filed with the commission on or after that date.
new text end
ARTICLE 24
GREENHOUSE GAS EMISSIONS
Section 1.
Minnesota Statutes 2020, section 216B.2422, subdivision 3, is amended to read:
Subd. 3.
Environmental costs.
(a) The commission shall, deleted text begin to the extent practicabledeleted text end new text begin using
the best available scientific and economic information and datanew text end , quantify and establish a
range of environmental costs associated with each method of electricity generation. new text begin The
commission must (1) adopt and apply the interim cost of greenhouse gas emissions valuations
presented in Technical Support Document: Social Cost of Carbon, Methane, and Nitrous
Oxide Interim Estimates, released by the federal government in February 2021, adopting
the 300-year time horizon and the full range of discount rates from 2.5 to five percent, with
three percent as the central estimate; and (2) update the parameters as necessary to conform
with updates released by the federal Interagency Working Group on the Social Cost of
Greenhouse Gases, or the working group's successors, that are above the February 2021
interim valuations.
new text end
new text begin (b) When evaluating and selecting resource options in all proceedings before the
commission, including but not limited to proceedings regarding power purchase agreements,
resource plans, and certificates of need, new text end a utility deleted text begin shalldeleted text end new text begin mustnew text end use the values established by
the commission deleted text begin in conjunction with other external factors, including socioeconomic costs,
when evaluating and selecting resource options in all proceedings before the commission,
including resource plan and certificate of need proceedings.deleted text end new text begin under this subdivision to quantify
and monetize greenhouse gas and other emissions from the full lifecycle of fuels used for
in-state or imported electricity generation, including extraction, processing, transport, and
combustion.
new text end
new text begin
(c) When evaluating resource options, the commission must include and consider the
environmental cost values adopted under this subdivision. When considering the costs of a
nonrenewable energy facility under this section, the commission must consider only nonzero
values for the environmental costs analyzed under this subdivision, including both the low
and high values of any cost range adopted by the commission.
new text end
deleted text begin
(b) The commission shall establish interim environmental cost values associated with
each method of electricity generation by March 1, 1994. These values expire on the date
the commission establishes environmental cost values under paragraph (a).
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to dockets
initiated at the Public Utilities Commission on or after that date.
new text end
Sec. 2. new text begin BUY CLEAN TASK FORCE.
new text end
new text begin
(a) No later than June 30, 2022, the commissioners of administration and transportation
must establish an environmental standards procurement task force to examine issues
surrounding the implementation of a program requiring vendors of certain construction
materials purchased by the state to:
new text end
new text begin
(1) submit environmental product declarations that assess the lifecycle environmental
impacts of the construction materials to state officials as part of the procurement process;
and
new text end
new text begin
(2) meet standards established by the commissioner of administration that limit
greenhouse gas emissions impacts of the construction materials.
new text end
new text begin
(b) The task force must examine, at a minimum, the following issues:
new text end
new text begin
(1) which construction materials should be subject to the program requirements;
new text end
new text begin
(2) what factors should be considered in establishing greenhouse gas emissions standards;
new text end
new text begin
(3) a schedule to develop standards for specific materials and incorporate the standards
into the purchasing process;
new text end
new text begin
(4) the development and use of financial incentives to reward vendors for developing
products whose greenhouse gas emissions are below the standards;
new text end
new text begin
(5) the provision of grants to defer a vendor's cost to obtain environmental product
declarations;
new text end
new text begin
(6) how the issues in clauses (1) to (5) are addressed by existing programs in other states
and countries; and
new text end
new text begin
(7) any other issues the task force deems relevant.
new text end
new text begin
(c) The advisory committee must include two members of the house of representatives
appointed by the speaker of the house of representatives and two members of the senate
appointed by the senate majority leader. The commissioners of administration and
transportation must appoint additional members of the advisory committee, who must include
but may not be limited to representatives of:
new text end
new text begin
(1) the Departments of Administration and Transportation;
new text end
new text begin
(2) the Center for Sustainable Building Research at the University of Minnesota;
new text end
new text begin
(3) manufacturers of eligible materials;
new text end
new text begin
(4) suppliers of eligible materials;
new text end
new text begin
(5) building and transportation construction firms;
new text end
new text begin
(6) organized labor in the construction trades;
new text end
new text begin
(7) organized labor representing materials manufacturing workers; and
new text end
new text begin
(8) environmental advocacy organizations.
new text end
new text begin
(d) The Department of Administration must provide meeting space and serve as staff to
the advisory committee.
new text end
new text begin
(e) The commissioner of administration, or the commissioner's designee, shall serve as
chair of the advisory committee. The advisory committee must meet at least four times
annually and must convene additional meetings at the call of the chair.
new text end
new text begin
(f) The commissioner of administration must summarize the findings and
recommendations of the task force in a report submitted to the chairs and ranking minority
members of the senate and house of representatives committees with primary jurisdiction
over state government, transportation, and energy no later than January 1, 2023.
new text end
new text begin
(g) The advisory committee is subject to section 15.059, subdivision 6.
new text end
new text begin
(h) For the purposes of this section, "environmental product declaration" means a
supply-chain-specific type III environmental product declaration that:
new text end
new text begin
(1) contains a lifecycle assessment of the environmental impacts of manufacturing a
specific product by a specific firm, including the impacts of extracting and producing the
raw materials and components that compose the product;
new text end
new text begin
(2) is verified and registered by a third party; and
new text end
new text begin
(3) meets the ISO 14025 standard developed and maintained by the International
Organization for Standardization (ISO).
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. 3. new text begin LOCAL CLIMATE ACTION GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purpose of this section, the following terms have
the meanings given:
new text end
new text begin
(1) "climate change" means a change in global or regional climate patterns associated
with increased levels of greenhouse gas emissions entering the atmosphere largely as a
result of human activity;
new text end
new text begin
(2) "commissioner" means the commissioner of the Pollution Control Agency;
new text end
new text begin
(3) "greenhouse gas emission" means an emission of carbon dioxide, methane, nitrous
oxide, chlorofluorocarbons, hydrofluorocarbons, sulfur hexafluoride, and other gases that
trap heat in the atmosphere; and
new text end
new text begin
(4) "political subdivision" means a county, home rule charter or statutory city, town, or
school district.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish a local climate action grant
program in the Pollution Control Agency. The purpose of the program is to provide grants
to encourage political subdivisions to address climate change by developing and
implementing plans of action or creating new organizations and institutions to devise policies
and programs that:
new text end
new text begin
(1) seek to mitigate the impacts of climate change on the political subdivision; or
new text end
new text begin
(2) reduce the political subdivision's contributions to the causes of climate change.
new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin
(a) Application for a grant under this section must be made to the
commissioner on a form developed by the commissioner. The commissioner must develop
procedures to (1) solicit and review applications, and (2) award grants under this section.
new text end
new text begin
(b) Eligible applicants for a grant under this section must be located in or conduct the
preponderance of the applicant's work in the locality where the grant activities are to take
place. Eligible applicants include political subdivisions, organizations that are exempt from
taxation under section 501(c)(3) of the Internal Revenue Code, and educational institutions.
new text end
new text begin Subd. 4. new text end
new text begin Awarding grants. new text end
new text begin
When awarding grants under this section, the commissioner
must give preference to proposals that seek to involve a broad array of community residents,
organizations, and institutions in the political subdivision's efforts to address climate change.
new text end
new text begin Subd. 5. new text end
new text begin Grant amounts. new text end
new text begin
(a) A grant awarded under this section must not exceed
$50,000.
new text end
new text begin
(b) A grant awarded under this section for activities taking place at a county-wide level
or in a city or town with a population that exceeds 20,000 must be matched 100 percent
with local funding.
new text end
new text begin
(c) A grant awarded under this section for activities taking place in a city or town with
a population that is less than 20,000 or in a school district must be matched a minimum of
five percent with local funding or equivalent in-kind services.
new text end
new text begin Subd. 6. new text end
new text begin Eligible expenditures. new text end
new text begin
Appropriations made to support the activities of this
section may be used only to:
new text end
new text begin
(1) provide grants under this section; and
new text end
new text begin
(2) reimburse the reasonable expenses incurred by the Pollution Control Agency to
administer the grant program.
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 25
MISCELLANEOUS
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) and (g), 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. 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
reasonabledeleted text begin ,deleted text end new text begin :
new text end
new text begin (1)new text end potential benefit to Minnesota citizens and businesses and the utility's ratepayersdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(2) the proposer's commitment to increasing the diversity of the proposer's workforce
and vendors.
new text end
(m) The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the legislature. 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 (n).
(n) 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 15new text begin following any year in which the commission has acted on
recommendations submitted by the advisory group and the public utilitynew text end . 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.
(o) 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.
(p) The advisory group 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.
(q) 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.
(r) 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.new text begin A project receiving money from
the account must submit a report that meets the requirements of section 216C.51, subdivisions
3 and 4, each year the project funded by the account is in progress.
new text end
(s) 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.
(t) 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.
(u) Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
Sec. 2.
new text begin
[216C.391] MINNESOTA STATE COMPETITIVENESS FUND.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
(a) A state competitiveness fund account is
created in the special revenue fund of the state treasury. The commissioner must credit to
the account appropriations and transfers to the account. Earnings, such as interest, dividends,
and any other earnings arising from assets of the account, must be credited to the account.
Money remaining in the account at the end of a fiscal year does not cancel to the general
fund but remains in the account until expended. The commissioner must manage the account.
new text end
new text begin
(b) The money in the account must be used to:
new text end
new text begin
(1) meet requirements to match federal funds awarded to the state by the United States
Department of Energy or another federal entity;
new text end
new text begin
(2) increase Minnesota's ability to successfully compete for federal funds;
new text end
new text begin
(3) assist eligible entities to access available federal funds; or
new text end
new text begin
(4) pay the reasonable costs incurred by the department to:
new text end
new text begin
(i) pursue and administer energy-related federal funds; and
new text end
new text begin
(ii) assist eligible grantees in the pursuit and management of energy-related federal
funds.
new text end
new text begin
(c) State matching grants may be awarded to eligible entities, as defined by the federal
fund source, with priority given in the following order:
new text end
new text begin
(1) federal formula funds directed to the state that require a match;
new text end
new text begin
(2) federal formula or competitive funds in which a state match allows disadvantaged
communities, utilities, or businesses to be competitive in the pursuit of funding; and
new text end
new text begin
(3) all other competitive or formula grant opportunities in which matching state funds
enhance or enable federal dollars to be leveraged.
new text end
new text begin
(d) By August 1, 2022, the department must establish and convene a Minnesota State
Competitiveness Fund Advisory Task Force.
new text end
new text begin
(e) By October 1, 2022, the advisory task force must develop administrative procedures
governing the determination of state grants so that the grant money is prioritized, to the
extent practicable, in an equitable manner.
new text end
new text begin Subd. 2. new text end
new text begin Advisory task force; membership. new text end
new text begin
(a) The Minnesota State Competitiveness
Fund Advisory Task Force is established and consists of 13 members as follows:
new text end
new text begin
(1) the commissioner of commerce or the commissioner's designee, who serves as a
nonvoting chair of the advisory task force;
new text end
new text begin
(2) the chair of the house of representatives committee having jurisdiction over energy
finance and policy or the chair's designee;
new text end
new text begin
(3) the chair of the senate committee having jurisdiction over energy finance and policy
or the chair's designee;
new text end
new text begin
(4) the chair of the Public Utilities Commission or the chair's designee, as a nonvoting
member; and
new text end
new text begin
(5) nine members determined by the commissioner and chairs that represent the following
interests and entities:
new text end
new text begin
(i) two members representing Minnesota utilities;
new text end
new text begin
(ii) one member representing labor;
new text end
new text begin
(iii) two members representing energy justice, rural, low-income, or historically
disadvantaged communities;
new text end
new text begin
(iv) one member representing clean energy businesses;
new text end
new text begin
(v) one member representing manufacturing;
new text end
new text begin
(vi) one member representing higher education; and
new text end
new text begin
(vii) one member with policy or implementation expertise on workforce development
for displaced energy workers or persons from low-income or environmental justice
communities.
new text end
new text begin
(b) A voting member serving on the Minnesota State Competitiveness Fund Advisory
Task Force and the voting member's respective organization are ineligible from receiving
state matching funds authorized under this section. A nominal stipend may be provided
from grant funds to participating members who would otherwise be unable to attend.
new text end
new text begin Subd. 3. new text end
new text begin Report; audit. new text end
new text begin
Beginning February 15, 2024, and each year thereafter until
February 15, 2035, the commissioner must report to the chairs and ranking minority members
of the legislative committees with jurisdiction over energy finance and policy regarding:
(1) grants and amounts awarded under this section during the previous year; and (2) the
remaining balance available under this section and any additional funding opportunities
that require additional funding beyond the remaining balance.
new text end
Sec. 3.
new text begin
[216C.45] RESIDENTIAL ELECTRIC PANEL UPGRADE GRANTS; PILOT
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Contractor" means a person licensed under section 326B.33 to perform work required
under this section, or the licensed person's employer.
new text end
new text begin
(c) "Electric panel" means a panel, including any subpanels, that consists of a main
circuit breaker that regulates several other circuit breakers to prevent overloading and
distributes electricity throughout a building.
new text end
new text begin
(d) "Income eligible" means:
new text end
new text begin
(1) a single-family residence whose residents received assistance from the federal
Low-Income Home Energy Assistance Program during the most recent program year or
who the commissioner determines are eligible to receive assistance under the federal
Low-Income Home Energy Assistance Program; or
new text end
new text begin
(2) a multifamily building in which at least 66 percent of the units are occupied by
households whose income is 60 percent or less of the state median individual or household
income, as applicable.
new text end
new text begin
(e) "Multifamily building" means a building that contains two or more units.
new text end
new text begin
(f) "Phase I" means the phase of the program established in this section that begins when
the first grant application is received by the department and ends the later of one year after
the date the first grant application is received or when 40 percent of funds appropriated to
the program have been expended.
new text end
new text begin
(g) "Phase II" means the phase of the program established in this section that begins
when Phase I terminates and ends when the appropriation made under article 1, section 2,
subdivision 2, paragraph (d), is exhausted.
new text end
new text begin
(h) "Single-family residence" means a building that contains one unit or a manufactured
home, as defined in section 327.31, subdivision 6.
new text end
new text begin
(i) "Unit" means a residential living space occupied by an individual or a household.
new text end
new text begin
(j) "Upgrade" means:
new text end
new text begin
(1) for a single-family residence:
new text end
new text begin
(i) the installation of equipment or devices required to bring an electrical panel to a total
rating of not less than 200 amperes; and
new text end
new text begin
(ii) the repair or replacement of the wiring attached to the equipment or devices in item
(i) to ensure safe operation; or
new text end
new text begin
(2) for a multifamily building:
new text end
new text begin
(i) the installation of equipment or devices required to bring an electrical panel to a rating
that allows for full electrification of the building, as described in National Electrical Code
Section 220; and
new text end
new text begin
(ii) the repair or replacement of the wiring attached to the equipment or devices in item
(i) to ensure safe operation.
new text end
new text begin Subd. 2. new text end
new text begin Program establishment. new text end
new text begin
A residential electric panel upgrade grant program
is established as a pilot program in the department to provide financial assistance to owners
of single-family residences and multifamily buildings to upgrade a residence's electric panel.
new text end
new text begin Subd. 3. new text end
new text begin Application process. new text end
new text begin
An applicant seeking a grant under this section must
submit an application to the commissioner on a form developed by the commissioner. The
commissioner must develop administrative procedures to govern how eligibility is
determined, applications are reviewed, and grants are awarded. The commissioner is the
fiscal agent for the grant program and is responsible for reviewing applications and awarding
grants under this section. The commissioner may contract with a third party to conduct some
or all of the pilot program's operations.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility. new text end
new text begin
(a) In Phase I, an owner of a single-family residence that is
income-eligible is eligible to receive a grant under this section.
new text end
new text begin
(b) In Phase I, an owner of a multifamily building that is income-eligible is eligible to
receive a grant under this section.
new text end
new text begin
(c) In Phase II, all owners of single-family residences and multifamily buildings are
eligible to receive a grant under this section, regardless of the income of the occupants of
the building.
new text end
new text begin Subd. 5. new text end
new text begin Grant awards. new text end
new text begin
(a) A grant may be awarded under this section to:
new text end
new text begin
(1) an owner of a single-family residence or multifamily building;
new text end
new text begin
(2) a contractor performing an upgrade, provided that the contractor submits to the
commissioner written consent from the owner of the single-family residence or multifamily
building receiving the upgrade to receive a grant on behalf of the owner; or
new text end
new text begin
(3) a third party, provided that the third party submits to the commissioner written consent
from the owner of the single-family residence or multifamily building receiving the upgrade
to receive a grant on behalf of the owner.
new text end
new text begin
(b) At the discretion of the commissioner, a grant may be awarded for a single-family
home or multifamily building that is not income eligible under this section to reimburse the
cost of an upgrade that has previously been installed.
new text end
new text begin Subd. 6. new text end
new text begin Grant amount. new text end
new text begin
(a) A grant issued under this section must be used only to pay
the full equipment and installation costs of an upgrade made by an owner, subject to the
limits established in this subdivision.
new text end
new text begin
(b) The maximum grant amount under this section that may be awarded per single-family
residence that is:
new text end
new text begin
(1) income eligible is $10,000; and
new text end
new text begin
(2) not income eligible is $1,000.
new text end
new text begin
(c) The grant amount under this section that may be awarded per multifamily building
that is:
new text end
new text begin
(1) income eligible is the sum of (i) $9,500, plus (ii) $500 multiplied by the number of
units containing a separate electric panel that received an upgrade in the multifamily building,
not to exceed $50,000 per multifamily building; and
new text end
new text begin
(2) not income eligible is the sum of (i) $1,000, plus (ii) $500 multiplied by the number
of units containing a separate electric panel that received an upgrade in the multifamily
building, not to exceed $10,000 per multifamily building.
new text end
new text begin Subd. 7. new text end
new text begin Limitation. new text end
new text begin
No more than one grant may be awarded to an owner under this
section for work conducted at the same single-family residence or multifamily building.
new text end
new text begin Subd. 8. new text end
new text begin Outreach. new text end
new text begin
The department must publicize the availability of grants under this
section to, at a minimum:
new text end
new text begin
(1) income-eligible households;
new text end
new text begin
(2) community action agencies and other public and private nonprofit organizations that
provide weatherization and other energy services to income-eligible households; and
new text end
new text begin
(3) multifamily property owners and property managers.
new text end
new text begin Subd. 9. new text end
new text begin Report. new text end
new text begin
(a) No later than 120 days after the date each of Phases I and II of the
pilot program ends, the department must submit a report to the chairs and ranking minority
members of the legislative committees with primary jurisdiction over climate and energy
policy.
new text end
new text begin
(b) The report must summarize program outcomes and must report separately, at a
minimum:
new text end
new text begin
(1) the number of units in multifamily buildings and the number of single-family
residences whose owners received grants;
new text end
new text begin
(2) the median income of the households in multifamily buildings and in single-family
residences whose owners received grants; and
new text end
new text begin
(3) the average amount of grants awarded in multifamily buildings and in single-family
residences.
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. 4.
new text begin
[216C.51] UTILITY DIVERSITY REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Policy. new text end
new text begin
It is the policy of the state of Minnesota to encourage each utility
that serves Minnesota residents to focus on and improve the diversity of the utility's
workforce and suppliers.
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 following terms have the
meanings given.
new text end
new text begin
(b) "Certification" means official recognition by a governmental unit that a business is
a preferred vendor as a result of the characteristics of the business owner or owners or the
location of the business.
new text end
new text begin
(c) "Utility" has the meaning given in section 216C.06, subdivision 18.
new text end
new text begin Subd. 3. new text end
new text begin Annual report. new text end
new text begin
(a) Beginning March 15, 2023, and each March 15 thereafter,
each utility authorized to do business in Minnesota must file an annual diversity report to
the commissioner on:
new text end
new text begin
(1) the utility's goals and efforts to increase diversity in the workplace, including current
workforce representation numbers and percentages; and
new text end
new text begin
(2) all procurement goals and actual spending for female-owned, minority-owned,
veteran-owned, and small business enterprises during the previous calendar year.
new text end
new text begin
(b) The goals under paragraph (a), clause (2), must be expressed as a percentage of the
total work performed by the utility submitting the report. The actual spending for
female-owned, minority-owned, veteran-owned, and small business enterprises must also
be expressed as a percentage of the total work performed by the utility submitting the report.
new text end
new text begin Subd. 4. new text end
new text begin Report elements. new text end
new text begin
Each utility required to report under this section must include
the following in the annual report:
new text end
new text begin
(1) an explanation of the plan to increase diversity in the utility's workforce and suppliers
during the next year;
new text end
new text begin
(2) an explanation of the plan to increase the goals;
new text end
new text begin
(3) an explanation of the challenges faced to increase workforce and supplier diversity,
including suggestions regarding actions the department could take to help identify potential
employees and vendors;
new text end
new text begin
(4) a list of the certifications the company recognizes;
new text end
new text begin
(5) a point of contact for a potential employee or vendor that wishes to work for or do
business with the utility; and
new text end
new text begin
(6) a list of successful actions taken to increase workforce and supplier diversity, in
order to encourage other companies to emulate best practices.
new text end
new text begin Subd. 5. new text end
new text begin State data. new text end
new text begin
Each annual report must include as much state-specific data as
possible. If a utility does not submit state-specific data, the utility must include any relevant
national data the utility possesses, explain why the utility could not submit state-specific
data, and explain how the utility intends to include state-specific data in future reports, if
possible.
new text end
new text begin Subd. 6. new text end
new text begin Publication; retention. new text end
new text begin
The department must publish an annual report on the
department's website and must maintain each annual report for at least five years.
new text end
Sec. 5.
Minnesota Statutes 2020, section 216E.03, subdivision 1, is amended to read:
Subdivision 1.
Site permit.
No person may construct a large electricnew text begin powernew text end generating
plant without a site permit from the commission. A large electric generating plant may be
constructed only on a site approved by the commission. The commission must incorporate
into one proceeding the route selection for a high-voltage transmission line that is directly
associated with and necessary to interconnect the large electric generating plant to the
transmission system and whose need is certified under section 216B.243.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6. 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 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. 7. new text begin TRIBAL ADVOCACY COUNCIL ON ENERGY; DEPARTMENT OF
COMMERCE SUPPORT.
new text end
new text begin
(a) The Department of Commerce must provide technical support and subject matter
expertise to help facilitate efforts taken by the 11 federally recognized Indian Tribes in
Minnesota to establish and operate a Tribal advocacy council on energy.
new text end
new text begin
(b) When requested by a Tribal advocacy council on energy, the Department of Commerce
must assist the council to:
new text end
new text begin
(1) assess and evaluate common Tribal energy issues, including:
new text end
new text begin
(i) identifying and prioritizing energy issues;
new text end
new text begin
(ii) facilitating idea sharing among the Tribes to generate solutions to energy issues; and
new text end
new text begin
(iii) assisting decision making with respect to resolving energy issues;
new text end
new text begin
(2) develop new statewide energy policies or proposed legislation, including:
new text end
new text begin
(i) organizing stakeholder meetings;
new text end
new text begin
(ii) gathering input and other relevant information;
new text end
new text begin
(iii) assisting with policy proposal development, evaluation, and decision making; and
new text end
new text begin
(iv) helping facilitate actions taken to submit, and obtain approval for or have enacted,
policies or legislation approved by the council;
new text end
new text begin
(3) make efforts to raise awareness of and provide educational opportunities with respect
to Tribal energy issues among Tribal members by:
new text end
new text begin
(i) identifying information resources;
new text end
new text begin
(ii) gathering feedback on issues and topics the council identifies as areas of interest;
and
new text end
new text begin
(iii) identifying topics for and helping to facilitate educational forums; and
new text end
new text begin
(4) identify, evaluate, disseminate, and implement successful energy-related practices.
new text end
new text begin
(c) Nothing in this section requires or otherwise obligates the 11 federally recognized
Indian Tribes in Minnesota to establish a Tribal advocacy council on energy, nor does it
require or obligate a federally recognized Indian Tribe in Minnesota to participate in or
implement a decision or support an effort made by a Tribal advocacy council on energy.
new text end
new text begin
(d) Any support provided by the Department of Commerce to a Tribal advocacy council
on energy under this section must be provided only upon request of the council and is limited
to issues and areas where the Department of Commerce's expertise and assistance is
requested.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Laws 2017, chapter 5, section 1,
new text end
new text begin
is repealed.
new text end
ARTICLE 26
SUPPLEMENTAL APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. 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.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. If an appropriation in this act is enacted more than once in
the 2022 legislative session, the appropriation must be given effect only once. Appropriations
for the fiscal year ending June 30, 2022, are effective the day following final enactment.
The appropriations made under this article supplement, and do not supersede or replace,
the appropriations made under Laws 2021, First Special Session chapter 4, article 1.
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 COMMERCE
|
||||||
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
6,153,000 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
5,653,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
500,000 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
Administrative Services
|
new text begin
-0- new text end |
new text begin
392,000 new text end |
||||
new text begin
$301,000 in fiscal year 2023 is for the senior
fraud prevention program.
new text end
new text begin
$91,000 in fiscal year 2023 is for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035.
new text end
new text begin Subd. 3. new text end
new text begin
Financial Services
|
new text begin
-0- new text end |
new text begin
533,000 new text end |
||||
new text begin
$300,000 in fiscal year 2023 is for additional
securities staff. The base for this appropriation
is $281,000 in fiscal year 2024 and $281,000
in fiscal year 2025.
new text end
new text begin
$233,000 in fiscal year 2023 is to establish
and operate a student loan advocate under
Minnesota Statutes, section 58B.011. The base
for this appropriation is $233,000 in fiscal year
2024 and $233,000 in fiscal year 2025.
new text end
new text begin Subd. 4. new text end
new text begin
Insurance
|
new text begin
-0- new text end |
new text begin
633,000 new text end |
||||
new text begin
$108,000 in fiscal year 2023 is for a study and
report on disparities in geographic rating areas
in individual and small group market health
insurance under article 3, section 34. This is
a onetime appropriation.
new text end
new text begin
$525,000 in fiscal year 2023 is for additional
staff in the insurance division. The additional
staff must focus on property- and
casualty-related insurance products.
new text end
new text begin Subd. 5. new text end
new text begin
Enforcement
|
new text begin
-0- new text end |
new text begin
4,576,000 new text end |
||||
new text begin
$4,076,000 in fiscal year 2023 is for the
automobile theft prevention program under
Minnesota Statutes, section 65B.84. This is a
onetime appropriation.
new text end
new text begin
$500,000 in fiscal year 2023 is appropriated
from the auto theft prevention account in the
special revenue fund to the commissioner of
commerce to reimburse law enforcement
agencies for investigation and enforcement
activities to combat automobile theft. This
appropriation does not cancel and remains
available until expended. This is a onetime
appropriation.
new text end
Sec. 3. new text begin BOARD OF ACCOUNTANCY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
6,000 new text end |
||
new text begin
new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end
new text begin
$6,000 in fiscal year 2023 is to the Board of
Accountancy for the licensing disqualification
and preliminary application requirements
under Minnesota Statutes, section 214.035.
This is a onetime appropriation.
new text end
Sec. 4. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
24,000 new text end |
||
new text begin
new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end
new text begin
$24,000 in fiscal year 2023 is to the attorney
general for the licensing disqualification and
preliminary application requirements under
Minnesota Statutes, section 214.035.
new text end
Sec. 5. new text begin PROFESSIONAL EDUCATOR
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
514,000 new text end |
||
new text begin
new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end
new text begin
$514,000 in fiscal year 2023 is to the
Professional Educator Licensing and Standards
Board for the licensing disqualification and
preliminary application requirements under
Minnesota Statutes, section 214.035. The base
for this appropriation is $142,000 in fiscal year
2024 and $142,000 in fiscal year 2025.
new text end
Sec. 6. new text begin DEPARTMENT OF REVENUE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
19,000 new text end |
||
new text begin
new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end
new text begin
$19,000 in fiscal year 2023 is to the
Department of Revenue for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035. The base for this
appropriation is $3,000 in fiscal year 2024 and
$3,000 in fiscal year 2025.
new text end
Sec. 7. new text begin GAMBLING CONTROL BOARD
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,000 new text end |
||
new text begin
new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end
new text begin
$3,000 in fiscal year 2023 is from the lawful
gambling regulation account in the special
revenue fund to the Gambling Control Board
for the licensing disqualification and
preliminary application requirements under
Minnesota Statutes, section 214.035.
new text end
Sec. 8. new text begin DEPARTMENT OF EDUCATION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
22,000 new text end |
||
new text begin
new text begin Licensing Disqualifications; Preliminary
Applications.
new text end
new text end
new text begin
$22,000 in fiscal year 2023 is to the
Department of Education for the licensing
disqualification and preliminary application
requirements under Minnesota Statutes,
section 214.035.
new text end
Sec. 9. new text begin COMMERCE FRAUD BUREAU; TRANSFER.
new text end
new text begin
$870,000 in fiscal year 2023 is transferred from the general fund to the insurance fraud
prevention account for five additional peace officers in the Commerce Fraud Bureau. The
base for this transfer is $811,000 in fiscal year 2024 and $811,000 in fiscal year 2025.
new text end
ARTICLE 27
COMMERCE POLICY
Section 1.
Minnesota Statutes 2020, section 45.0135, subdivision 2a, is amended to read:
Subd. 2a.
Authorization.
new text begin (a) new text end The commissioner may appoint peace officers, as defined
in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (f), known as the Commerce Fraud
Bureau, to conduct investigations, and to make arrests under sections 629.30 and 629.34.
Thenew text begin primarynew text end jurisdiction of the law enforcement agency is limited to offenses deleted text begin related to
insurance frauddeleted text end new text begin with a nexus to insurance-related crimes or financial crimesnew text end .
new text begin
(b) Upon request and at the commissioner's discretion, the Commerce Fraud Bureau
may respond to a law enforcement agency's request to exercise law enforcement duties in
cooperation with the law enforcement agency that has jurisdiction over the particular matter.
new text end
new text begin
(c) The Commerce Fraud Bureau must allocate at least 70 percent of its work to
insurance-related crimes.
new text end
Sec. 2.
Minnesota Statutes 2020, section 45.0135, subdivision 2b, is amended to read:
Subd. 2b.
Duties.
The Commerce Fraud Bureau shall:
(1) review notices and reports deleted text begin of insurance frauddeleted text end new text begin within the Commerce Fraud Bureau's
primary jurisdictionnew text end submitted by authorized insurers, their employees, and agents or
producers;
(2) respond to notifications or complaints deleted text begin of suspected insurance frauddeleted text end new text begin within the
Commerce Fraud Bureau's primary jurisdictionnew text end generated by other law enforcement agencies,
state or federal governmental units, or any other person;
(3) initiate inquiries and conduct investigations when the bureau has reason to believe
that deleted text begin insurance frauddeleted text end new text begin an offense within the Commerce Fraud Bureau's primary jurisdictionnew text end
has been or is being committed; and
(4) report deleted text begin incidents of alleged insurance frauddeleted text end new text begin crimesnew text end disclosed by deleted text begin itsdeleted text end new text begin the Commerce
Fraud Bureau'snew text end investigations to appropriate law enforcement agencies, including, but not
limited to, the attorney general, county attorneys, or any other appropriate law enforcement
or regulatory agency, and shall assemble evidence, prepare charges, and otherwise assist
any law enforcement authority having jurisdiction.
Sec. 3.
Minnesota Statutes 2020, section 45.25, is amended by adding a subdivision to
read:
new text begin Subd. 9a. new text end
new text begin Live course. new text end
new text begin
"Live course" means any learning experience that is actively led
by an instructor, either online or in a classroom setting, that offers person-to-person, real-time
feedback. A live course offered online must:
new text end
new text begin
(1) specify the minimum system requirements;
new text end
new text begin
(2) provide encryption that ensures that all personal information, including the student's
name, address, and credit card number, cannot be read as it passes across the Internet;
new text end
new text begin
(3) include technology to guarantee seat time;
new text end
new text begin
(4) include the ability for the student to get technical support within a reasonable amount
of time;
new text end
new text begin
(5) include a statement that the student's information will not be sold or distributed to
any third party without the prior written consent of the student. Taking the course does not
constitute consent; and
new text end
new text begin
(6) include a process to authenticate the student's identity.
new text end
Sec. 4.
Minnesota Statutes 2020, section 45.25, is amended by adding a subdivision to
read:
new text begin Subd. 9b. new text end
new text begin On-demand course. new text end
new text begin
"On-demand course" means a learning experience that
enables a student to review learning material at a time and location that is convenient for
the student. On-demand course includes but is not limited to asynchronous online courses,
text-based courses, and other courses not offered live that include prerecorded videos, class
recordings, documents, or other learning activities.
new text end
Sec. 5.
Minnesota Statutes 2020, section 45.25, subdivision 12, is amended to read:
Subd. 12.
Proctor.
new text begin (a) new text end "Proctor" means a deleted text begin disinterested third party with no conflict of
interestdeleted text end new text begin personnew text end who new text begin (1) new text end verifies a student's identitynew text begin ,new text end and new text begin (2) new text end processes an affidavit testifying
that the student received no outside assistance with the course or examination.
new text begin
(b) A proctor must be 18 years of age or older. A proctor must not have a financial or
other conflict of interest with respect to a student's successful completion of the course or
the examination. A proctor must not be:
new text end
new text begin
(1) a relative of the student;
new text end
new text begin
(2) the student's supervisor at work;
new text end
new text begin
(3) a person the student supervises at work; or
new text end
new text begin
(4) a student who is completing the same course.
new text end
Sec. 6.
Minnesota Statutes 2020, section 45.25, subdivision 13, is amended to read:
Subd. 13.
Professional designation.
"Professional designation" means deleted text begin a written,
proctored, and graded examination, the passage of which leads to a bona fidedeleted text end new text begin an
industry-recognizednew text end professional designation used by deleted text begin licenseesdeleted text end new text begin a licensee after completing
a series of courses and passing a graded, proctored examinationnew text end .
Sec. 7.
new text begin
[45.301] ON-DEMAND CONTINUING EDUCATION; REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin On-demand course requirements. new text end
new text begin
An on-demand continuing education
course offered online must:
new text end
new text begin
(1) specify the minimum system requirements;
new text end
new text begin
(2) provide encryption that ensures that all personal information, including the student's
name, address, and credit card number, cannot be read as it passes across the Internet;
new text end
new text begin
(3) include technology to guarantee seat time;
new text end
new text begin
(4) include a high level of interactivity;
new text end
new text begin
(5) include graphics that reinforce the content;
new text end
new text begin
(6) include the ability for the student to contact an instructor within a reasonable amount
of time;
new text end
new text begin
(7) include the ability for the student to get technical support within a reasonable amount
of time;
new text end
new text begin
(8) include a statement that the student's information will not be sold or distributed to
any third party without prior written consent of the student. Taking the course does not
constitute consent;
new text end
new text begin
(9) be available 24 hours a day, seven days a week, excluding minimal down time for
updating and administration;
new text end
new text begin
(10) provide viewing access to the online course at all times to the commissioner,
excluding minimal down time for updating and administration;
new text end
new text begin
(11) include a process to authenticate the student's identity;
new text end
new text begin
(12) inform the student and the commissioner how long a course is accessible after the
course is purchased;
new text end
new text begin
(13) inform the student that license education credit is not awarded for taking the course
after the course loses status as an approved course;
new text end
new text begin
(14) provide clear instructions on how to navigate through the course;
new text end
new text begin
(15) provide automatic bookmarking at any point in the course;
new text end
new text begin
(16) provide questions after each unit or chapter that must be answered before the student
can proceed to the next unit or chapter;
new text end
new text begin
(17) include a reinforcement response when a quiz question is answered correctly;
new text end
new text begin
(18) include a response when a quiz question is answered incorrectly;
new text end
new text begin
(19) include a final examination;
new text end
new text begin
(20) allow the student to return to and review any unit at any time, except during the
final examination;
new text end
new text begin
(21) provide a course evaluation at the end of the course. At a minimum, the evaluation
must ask the student to report any difficulties caused by the online education delivery
method; and
new text end
new text begin
(22) provide a completion certificate when the course and exam have been completed
and the provider has verified the completion. An electronic certificate is sufficient.
new text end
new text begin Subd. 2. new text end
new text begin Final examination. new text end
new text begin
The final examination must be either an encrypted online
examination or a paper examination that is monitored by a proctor who certifies that the
student took the examination. The student must not be allowed to review the course content
once the examination has begun.
new text end
Sec. 8.
Minnesota Statutes 2020, section 45.31, subdivision 2, is amended to read:
Subd. 2.
Approval.
(a) deleted text begin The commissioner must approve as a coordinator a person
meeting one or more of the following criteria: at least three years of full-time experience
in the administration of an education program during the five-year period immediately
before the date of application, or a degree in education plus two years experience during
the immediately preceding five-year period in one of the regulated industries for which
courses are being approved, or a minimum of five years experience within the previous six
years in the regulated industry for which courses are held.deleted text end A person applying for approval
as a course coordinator mustnew text begin :
new text end
new text begin
(1) be qualified or have experience in the applicable subject matter of courses offered
by the education provider or have experience administering an education program; and
new text end
new text begin (2)new text end make available upon request such records and data required by the commissioner to
administer the provisions and further the purposes of this chapter.
(b) Coordinator approval may not be transferred to an individual who has not already
been approved as an additional coordinator for the applicable license type for the providership
in question. An individual must be approved as a coordinator by the commissioner before
acting on behalf of an approved education provider.
Sec. 9.
Minnesota Statutes 2020, section 45.31, subdivision 3, is amended to read:
Subd. 3.
Responsibilities.
deleted text begin A coordinatordeleted text end new text begin An education providernew text end is responsible for:
(1) assuring compliance with all laws and rules relating to educational offerings governed
by the commissioner;
(2) assuring that students are provided with current and accurate information relating to
the laws and rules governing their licensed activity;
(3) supervising and evaluating courses and instructors. Supervision includes assuring,
especially when a course will be taught by more than one instructor, that all areas of the
curriculum are addressed without redundancy and that continuity is present throughout the
entire course;
(4) ensuring that instructors are qualified to teach the course offering;
(5) furnishing the commissioner, upon request, with copies of course and instructor
evaluations and qualifications of instructors. Evaluations must be completed by students
and coordinators;
(6) investigating complaints related to course offerings and instructors and forwarding
a copy of the written complaints to the Department of Commerce;
(7) maintaining accurate records relating to course offerings, instructors, tests taken by
students, and student attendance for a period of three years from the date on which the
course was completed. These records must be made available to the commissioner upon
request. In the event that an education provider ceases operation for any reason, the
coordinator is responsible for maintaining the records or providing a custodian for the
records acceptable to the commissioner. The coordinator must notify the commissioner of
the name and address of that person. In order to be acceptable to the commissioner, custodians
must agree to make copies of acknowledgments available to students at a reasonable fee.
Under no circumstances will the commissioner act as custodian of the records;
(8) ensuring that the coordinator is available to instructors and students throughout course
offerings and providing to the students and instructor the name of the coordinator and a
telephone number at which the coordinator can be reached;
(9) attending workshops or instructional programs as reasonably required by the
commissioner;
(10) providing course completion certificates within ten days of, but not before,
completion of the entire course. Course completion certificates must be completed in their
entirety. It is not necessary to provide a written course completion certificate if the course
completion certificate has been electronically delivered to the department or its designated
licensing contractor. A coordinator may require payment of the course tuition as a condition
for receiving the course completion certificate;
(11) notifying the commissioner immediately of any change in an application for the
course, coordinator, or instructor approval application; and
(12) in conjunction with the instructor, assuring and certifying attendance of students
enrolled in courses.
Sec. 10.
Minnesota Statutes 2020, section 46.131, subdivision 2, is amended to read:
Subd. 2.
Assessment authority.
Each deleted text begin bank, trust company, savings bank, savings
association, regulated lender, industrial loan and thrift company, credit union, motor vehicle
sales finance company, debt management services provider, debt settlement services provider,
insurance premium finance company, and residential PACE administrator, as defined in
section 216C.435, subdivision 10a,deleted text end new text begin financial institution governed by chapters 46 to 59A,
216C, and 332 to 332B that isnew text end organized under the laws of this state or required to be
administered by the commissioner of commerce shall pay into the state treasury its
proportionate share of the cost of maintaining the Department of Commerce.new text begin This subdivision
does not apply to student loan servicers or collection agencies.
new text end
Sec. 11.
Minnesota Statutes 2020, section 46.131, subdivision 4, is amended to read:
Subd. 4.
General assessment basis.
(a) Assessments shall be made by the commissioner
against each institution within the industry on an equitable basis, according to the total assetsnew text begin
or business volumenew text end of each institution as of the end of the previous calendar year.
(b) Assessments against residential PACE administrators, as defined in section 216C.435,
subdivision 10a, must be made by the commissioner according to the total business volume
as of the end of the previous calendar year.
Sec. 12.
Minnesota Statutes 2020, section 46.131, subdivision 11, is amended to read:
Subd. 11.
Financial institutions account; appropriation.
(a) The financial institutions
account is created as a separate account in the special revenue fund. Earnings, including
interest, dividends, and any other earnings arising from account assets, must be credited to
the account.
(b) The account consists of funds received from assessments under subdivision 7,
examination fees under subdivision 8, and funds received pursuant to subdivision 10 and
the following provisions: sectionsnew text begin 46.04; 46.041; 46.048, subdivision 1; 47.101; 47.54,
subdivision 1; 47.60, subdivision 3; 47.62, subdivision 4; new text end new text begin 48.61, subdivision 7, paragraph
(b); 49.36, subdivision 1; 52.203;new text end 53B.09; 53B.11, subdivision 1;new text begin 53C.02; 56.02; 58.10;new text end
58A.045, subdivision 2; deleted text begin anddeleted text end new text begin 59A.03;new text end 216C.437, subdivision 12new text begin ; 332A.04; and 332B.04new text end .
(c) Funds in the account are annually appropriated to the commissioner of commerce
for activities under this section.
Sec. 13.
Minnesota Statutes 2020, section 47.08, is amended to read:
47.08 ARTICLES OF INCORPORATION FILED WITH COMMISSIONER.
All persons proposing to incorporate and organize any financial institution, whether
defined or described as such by the laws of the state, shall, before doing any business in the
state as a corporation, deleted text begin and before filing their articles of incorporation with the secretary of
state or with any other officer with whom the law requires such articles to be filed or
recorded,deleted text end file a copy of deleted text begin suchdeleted text end new text begin the proposednew text end articlesnew text begin of incorporationnew text end with the commissioner
of commerce.
Sec. 14.
Minnesota Statutes 2020, section 47.16, subdivision 1, is amended to read:
Subdivision 1.
Filing.
The certificate of a corporation must be filed for record with the
deleted text begin secretary of statedeleted text end new text begin commissioner of commercenew text end . If the deleted text begin secretary of statedeleted text end new text begin commissioner of
commercenew text end finds that it conforms to law and that the required fee has been paid, the deleted text begin secretary
of statedeleted text end new text begin commissioner of commercenew text end must record it and certify that fact on it. deleted text begin The secretary
of state may not accept a certificate for filing unless the certificate also contains the
endorsement of the commissioner of commerce.
deleted text end
Sec. 15.
Minnesota Statutes 2020, section 47.16, subdivision 2, is amended to read:
Subd. 2.
Certificate of authority.
If the commissioner of commerce is satisfied that the
corporation has been organized for legitimate purposes, and under such conditions as to
merit and have public confidence, and that all provisions of law applicable to every branch
of business in which, by the terms of its certificate, it is authorized to engage, have been
complied with, the commissioner shall so certify. When the original deleted text begin certificate and thedeleted text end
certificate of incorporation deleted text begin from the secretary of statedeleted text end is filed with the commissioner of
commerce, the commissioner shall, within 60 days thereafter, execute and deliver to it a
certificate of authority.
Sec. 16.
Minnesota Statutes 2020, section 47.172, subdivision 2, is amended to read:
Subd. 2.
Effect.
The certificate to be filed to accomplish a restated certificate of
incorporation must be entitled "restated certificate of incorporation of (name of financial
corporation)" and must contain a statement that the restated certificate supersedes and takes
the place of the existing certificate of incorporation and all amendments to it. The restated
certificate of incorporation when executed, filed and recorded in the manner prescribed for
certificate of amendment supersedes and takes the place of an existing certificate of
incorporation and amendments to it. deleted text begin The secretary of state upon request must certify the
restated certificate of incorporation.
deleted text end
Sec. 17.
Minnesota Statutes 2020, section 47.28, subdivision 3, is amended to read:
Subd. 3.
Recording.
Upon receipt of the fees required for filing and recording amended
articles of incorporation of savings banks, the deleted text begin secretary of statedeleted text end new text begin commissioner of commercenew text end
shall record the amended articles of incorporation and certify that fact thereon, whereupon
the conversion of such savings bank into a savings association shall become final and
complete and thereafter said corporation shall have the powers and be subject to the duties
and obligations prescribed by the laws of this state applicable to savings associations.
Sec. 18.
Minnesota Statutes 2020, section 47.30, subdivision 5, is amended to read:
Subd. 5.
Recording.
Upon receipt of the fees required for filing and recording amended
articles of incorporation of savings associations, the deleted text begin secretary of statedeleted text end new text begin commissioner of
commercenew text end shall record the amended articles of incorporation and certify that fact thereon,
whereupon the conversion of such savings association into a savings bank shall become
final and complete and thereafter the signers of said amended articles and their successors
shall be a corporation, and have the powers and be subject to the duties and obligations
prescribed by the laws of this state applicable to savings banks.
Sec. 19.
Minnesota Statutes 2020, section 48A.15, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
new text begin (a) new text end A trust company organized under the laws of this
state or a state bank and trust may, after completing the notification procedure required by
this subdivision, establish and maintain a trust service office at any office in this state or of
any other state or national bank. A state bank may, after completing the notification procedure
required by this subdivision, permit a trust company organized under the laws of this state
or a state bank and trust or a national bank in this state that is authorized to exercise trust
powers to establish and maintain a trust service office at any of its banking offices.
new text begin (b) new text end The trust company or state bank and trust and a state bank at which a trust service
office is to be established according to this section shall jointly file, on forms provided by
the commissioner, a notification of intent to establish a trust service office. The notification
must be accompanied by a filing fee of $100 payable to the commissioner, to be deposited
in the deleted text begin general fund of the statedeleted text end new text begin financial institutions account under section 46.131, subdivision
11new text end . No trust service office shall be established according to this section if disallowed by
order of the commissioner within 30 days of the filing of a complete and acceptable
notification of intent to establish a trust service office. An order of the commissioner to
disallow the establishment of a trust service office under this section is subject to judicial
review under sections 14.63 to 14.69.
Sec. 20.
Minnesota Statutes 2020, section 53.03, subdivision 1, is amended to read:
Subdivision 1.
Application, fee, notice.
Any corporation hereafter organized as an
industrial loan and thrift company, shall, after compliance with the requirements set forth
in sections 53.01 and 53.02, file a written application with the Department of Commerce
for a certificate of authorization. A corporation that will not sell or issue thrift certificates
for investment as permitted by this chapter need not comply with subdivision 2b. The
application must be in the form prescribed by the Department of Commerce. The application
must be made in the name of the corporation, executed and acknowledged by an officer
designated by the board of directors of the corporation, requesting a certificate authorizing
the corporation to transact business as an industrial loan and thrift company, at the place
and in the name stated in the application. At the time of filing the application the applicant
shall pay $1,500 filing fee if the corporation will not sell or issue thrift certificates for
investment, and a filing fee of $8,000 if the corporation will sell or issue thrift certificates
for investment. The fees must be deleted text begin turned over by the commissioner to the commissioner of
management and budget and credited to the general funddeleted text end new text begin collected by the commissioner
and deposited in the financial institutions account under section 46.131, subdivision 11new text end .
The applicant shall also submit a copy of the bylaws of the corporation, its articles of
incorporation and all amendments thereto at that time. An application for powers under
subdivision 2b must also require that a notice of the filing of the application must be
published once within 30 days of the receipt of the form prescribed by the Department of
Commerce, at the expense of the applicant, in a qualified newspaper published in the
municipality in which the proposed industrial loan and thrift company is to be located, or,
if there be none, in a qualified newspaper likely to give notice in the municipality in which
the company is proposed to be located. If the Department of Commerce receives a written
objection to the application from any person within 15 days of the notice having been fully
published, the commissioner shall proceed in the same manner as required under section
46.041, subdivisions 3 and 4, relating to state banks.
Sec. 21.
Minnesota Statutes 2020, section 53.03, subdivision 5, is amended to read:
Subd. 5.
Place of business.
Not more than one place of business may be maintained
under any certificate of authorization issued subsequent to the enactment of Laws 1943,
chapter 67, pursuant to the provisions of this chapter, but the Department of Commerce
may issue more than one certificate of authorization to the same corporation upon compliance
with all the provisions of this chapter governing an original issuance of a certificate of
authorization. To the extent that previously filed applicable information remains unchanged,
the applicant need not refile this information, unless requested. The filing fee for a branch
application shall be $500 and the investigation fee $250. An industrial loan and thrift
corporation with deposit liabilities may change one or more of its locations upon the written
approval of the commissioner of commerce. A fee of $100 must accompany each application
to the commissioner for approval to change the location of an established office. An industrial
loan and thrift corporation that does not sell and issue thrift certificates for investment may
change one or more locations by giving 30 days' written notice to the Department of
Commerce which shall promptly amend the certificate of authorization accordingly. No
change in place of business of a company to a location outside of its current trade area or
more than 25 miles from its present location, whichever distance is greater, shall be permitted
under the same certificate unless all of the applicable requirements of this section have been
met.new text begin All money collected by the commissioner under this chapter must be deposited into
the financial institutions account under section 46.131, subdivision 11.
new text end
Sec. 22.
Minnesota Statutes 2020, section 53C.02, is amended to read:
53C.02 SALES FINANCE COMPANY; LICENSE, FEES, REFUND.
(a) No person shall engage in the business of a sales finance company in this state without
a license therefor as provided in sections 53C.01 to 53C.14 provided, however, that no bank,
trust company, savings bank, savings association, or credit union, whether state or federally
chartered, industrial loan and thrift company, or licensee under the Minnesota Regulated
Loan Act authorized to do business in this state shall be required to obtain a license under
sections 53C.01 to 53C.14.
(b) The application for a license shall be in writing, under oath and in the form prescribed
by the commissioner. The application shall contain the name of the applicant; date of
incorporation, if incorporated; the address where the business is or is to be conducted and
similar information as to any branch office of the applicant; the name and resident address
of the owner or partners, or, if a corporation or association, of the directors, trustees and
principal officers, and other pertinent information the commissioner requires.
(c) The licensee fee for the fiscal year beginning July 1 and ending June 30 of the
following year, or any part thereof shall be the sum of $250 for the principal place of business
of the licensee, and the sum of $125 for each branch of the licensee. Any licensee who
proves to the satisfaction of the commissioner, by affidavit or other proof satisfactory to
the commissioner, that during the 12 calendar months of the immediately preceding fiscal
year, for which the license has been paid that the licensee has not held retail installment
contracts exceeding $15,000 in amount, shall be entitled to a refund of that portion of each
license fee paid in excess of $25. The commissioner shall certify deleted text begin to the commissioner of
management and budgetdeleted text end that the licensee is entitled to a refund, and payment deleted text begin thereofdeleted text end new text begin of the
refundnew text end shall be made by the commissioner deleted text begin of management and budgetdeleted text end . The amount necessary
to pay for the refundment of the license fee is appropriated deleted text begin out of the general funddeleted text end new text begin from the
financial institutions account under section 46.131, subdivision 11new text end . All license fees received
by the commissioner under sections 53C.01 to 53C.14 shall be deposited with the
commissioner of management and budget.
(d) Each license shall specify the location of the office or branch and must be
conspicuously displayed there. In case the location be changed, the commissioner shall
endorse the change of location on the license.
(e) Upon the filing of such application, and the payment of the fee, the commissioner
shall issue a license to the applicant to engage in the business of a sales finance company
under and in accordance with the provisions of sections 53C.01 to 53C.14 for a period which
shall expire the last day of June next following the date of its issuance. The license shall
not be transferable or assignable. No licensee shall transact any business provided for by
sections 53C.01 to 53C.14 under any other name.
(f) Section 58A.04, subdivisions 2 and 3, apply to this section.
Sec. 23.
Minnesota Statutes 2020, section 55.10, subdivision 1, is amended to read:
Subdivision 1.
Permitting access, removal, or delivery.
When a safe deposit box shall
have been hired from any licensed safe deposit company in the name of two or more persons,
including deleted text begin husband and wifedeleted text end new text begin a married couplenew text end , with the right of access being given to either,
or with access to either or the survivor or survivors of the person, or property is held for
safekeeping by any licensed safe deposit company for two or more persons, including
deleted text begin husband and wifedeleted text end new text begin a married couplenew text end , with the right of delivery being given to either, or with
the right of delivery to either of the survivor or survivors of these persons, any one or more
of these persons, whether the other or others be living or not, shall have the right of access
to the safe deposit box and the right to remove all, or any part, of the contents thereof, or
to have delivered to all or any one of them, or any part of the valuable personal property so
held for safekeeping; and, in case of this access, removal, or delivery, the safe deposit
company shall be exempt from any liability for permitting the access, removal, or delivery.
Sec. 24.
Minnesota Statutes 2020, section 56.02, is amended to read:
56.02 APPLICATION FEE.
(a) Application for license shall be in writing, under oath, and in the form prescribed by
the commissioner, and contain the name and the address, both of the residence and place
of business, of the applicant and, if the applicant is a copartnership or association, of every
member thereof, and if a corporation, of each officer and director thereof; also the county
and municipality, with street and number, if any, where the business is to be conducted, and
such further information as the commissioner may require. The applicant at the time of
making application, shall pay to the commissioner the sum of $500 as a fee for investigating
the application, and the additional sum of $250 as an annual license fee for a period
terminating on the last day of the current calendar year. In addition to the annual license
fee, every licensee hereunder shall pay to the commissioner the actual costs of each
examination, as provided for in section 56.10. All deleted text begin moneysdeleted text end new text begin moneynew text end collected by the
commissioner under this chapter shall be deleted text begin turned over to the commissioner of management
and budget and credited by the commissioner of management and budget to the general
fund of the statedeleted text end new text begin deposited in the financial institutions account under section 46.131,
subdivision 11new text end .
(b) Every applicant shall also prove, in form satisfactory to the commissioner, that the
applicant has available for the operation of the business at the location specified in the
application, liquid assets of at least $50,000.
(c) Section 58A.04, subdivisions 2 and 3, apply to this section.
Sec. 25.
Minnesota Statutes 2020, section 60A.033, subdivision 8, is amended to read:
Subd. 8.
Costs.
All bills for examination costs being charged to an insurance company
pursuant to subdivision 5 or section 60A.031, subdivision 3, paragraph (c), must:
(1) be itemized and, with respect to examiner billings, contain activity detail on a quarterly
hourly basis by an individual examiner and disclose the applicable hourly billing rates,
together with per-charge detail for related travel or other expenses; and
(2) provide a due date no less than deleted text begin 30deleted text end new text begin 60new text end days from receipt of the bill.
Sec. 26.
Minnesota Statutes 2020, section 60A.033, subdivision 9, is amended to read:
Subd. 9.
Completion of examination.
An examination under section 60A.031 must not
exceed 18 months from the date the commissioner receives the insurance company's first
submission pursuant to a scheduling order, unless:
(1) the commissioner determines that there has been a material lack of cooperation by
the insurance companynew text begin and advises the company in writing of the specific instances
demonstrating a lack of cooperationnew text end ;
(2) the examination is a multistate examination; or
(3) the commissioner determines that additional time is necessary to complete the
examination and the commissioner notifies the insurance company in writing of the reasons
why the examination requires additional time.
Sec. 27.
Minnesota Statutes 2020, section 60A.033, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Informal disposition. new text end
new text begin
(a) The commissioner must make an attempt to
informally resolve any alleged violations of law identified during the examination or
investigation. An attempt to informally resolve a violation may consist of a consent order,
nonpublic letter of reprimand, or other informal resolution or disposition.
new text end
new text begin
(b) The terms of a consent order or other informal disposition that prescribes compliance
requirements must be consistent with the requirements of Minnesota law.
new text end
Sec. 28.
Minnesota Statutes 2020, section 60A.033, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Report to the legislature. new text end
new text begin
Each year by February 1, the commissioner must
report the following information to the chairs and ranking minority members of the house
of representatives and senate committees having jurisdiction over commerce:
new text end
new text begin
(1) a listing of the number of pending market conduct exams and the year the exams
were commenced;
new text end
new text begin
(2) the number of exams closed during the prior year and the current total of costs charged
to the companies for each exam;
new text end
new text begin
(3) whether the exam is being conducted, in whole or in part, by third-party examiners;
and
new text end
new text begin
(4) other information that the chairs or ranking minority members may reasonably
request, subject to the limitations of section 60A.031, subdivision 4, paragraph (f).
new text end
Sec. 29.
Minnesota Statutes 2020, section 60A.954, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
An insurer shall institute, implement, and maintain an
antifraud plan. For the purpose of this section, the term insurer does not include reinsurers,
the Workers' Compensation Reinsurance Association, self-insurers, and excess insurers.
Within 30 days after instituting or new text begin materially new text end modifying an antifraud plan, the insurer shall
notify the commissioner in writing. The notice must include the name of the person
responsible for administering the plan. An antifraud plan shall establish procedures to:
(1) prevent insurance fraud, including: internal fraud involving the insurer's officers,
employees, or agents; fraud resulting from misrepresentations on applications for insurance;
and claims fraud;
(2) report insurance fraud to appropriate law enforcement authorities; and
(3) cooperate with the prosecution of insurance fraud cases.
Sec. 30.
Minnesota Statutes 2020, section 65B.84, subdivision 1, is amended to read:
Subdivision 1.
Program described; commissioner's duties; appropriation.
(a) The
commissioner of commerce shall:
(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of public safety, pursuant
to subdivision 3 from the automobile theft prevention special revenue account for automobile
theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and
(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more than deleted text begin tendeleted text end new text begin 7.5new text end percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2.
(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
45.0135, subdivision 6.
Sec. 31.
Minnesota Statutes 2020, section 65B.84, subdivision 2, is amended to read:
Subd. 2.
Annual report.
By deleted text begin January 15 ofdeleted text end new text begin September 30new text end each year, the commissioner
shall report to the governor and the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over the Departments of Commerce
and Public Safety on the activities and expenditures in the preceding year.
Sec. 32.
Minnesota Statutes 2020, section 80A.61, is amended to read:
80A.61 SECTION 406; REGISTRATION BY BROKER-DEALER, AGENT,
FUNDING PORTAL, INVESTMENT ADVISER, AND INVESTMENT ADVISER
REPRESENTATIVE.
(a) Application for initial registration by broker-dealer, agent, investment adviser,
or investment adviser representative. A person shall register as a broker-dealer, agent,
investment adviser, or investment adviser representative by filing an application and a
consent to service of process complying with section 80A.88, and paying the fee specified
in section 80A.65 and any reasonable fees charged by the designee of the administrator for
processing the filing. The application must contain:
(1) the information or record required for the filing of a uniform application; and
(2) upon request by the administrator, any other financial or other information or record
that the administrator determines is appropriate.
(b) Amendment. If the information or record contained in an application filed under
subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant
shall promptly file a correcting amendment.
(c) Effectiveness of registration. If an order is not in effect and a proceeding is not
pending under section 80A.67, registration becomes effective at noon on the 45th day after
a completed application is filed, unless the registration is denied. A rule adopted or order
issued under this chapter may set an earlier effective date or may defer the effective date
until noon on the 45th day after the filing of any amendment completing the application.
(d) Registration renewal. A registration is effective until midnight on December 31 of
the year for which the application for registration is filed. Unless an order is in effect under
section 80A.67, a registration may be automatically renewed each year by filing such records
as are required by rule adopted or order issued under this chapter, by paying the fee specified
in section 80A.65, and by paying costs charged by the designee of the administrator for
processing the filings.
(e) Additional conditions or waivers. A rule adopted or order issued under this chapter
may impose such other conditions, not inconsistent with the National Securities Markets
Improvement Act of 1996. An order issued under this chapter may waive, in whole or in
part, specific requirements in connection with registration as are in the public interest and
for the protection of investors.
(f) Funding portal registration. A funding portal that has its principal place of business
in the state of Minnesota shall register with the state of Minnesota by filing with the
administrator a copy of the information or record required for the filing of an application
for registration as a funding portal in the manner established by the Securities and Exchange
Commission and/or the Financial Institutions Regulatory Authority (FINRA), along with
any rule adopted or order issued, and any amendments thereto.
(g) Application for investment adviser representative registration.
(1) The application for initial registration as an investment adviser representative pursuant
to section 80A.58 is made by completing Form U-4 (Uniform Application for Securities
Industry Registration or Transfer) in accordance with the form instructions and by filing
the form U-4 with the IARD. The application for initial registration must also include the
following:
(i) proof of compliance by the investment adviser representative with the examination
requirements of:
(A) the Uniform Investment Adviser Law Examination (Series 65); or
(B) deleted text begin the General Securities Representative Examination (Series 7) anddeleted text end the Uniform
Combined State Law Examination (Series 66);
(ii) any other information the administrator may reasonably require.
(2) The application for the annual renewal registration as an investment adviser
representative shall be filed with the IARD.
(3)(i) The investment adviser representative is under a continuing obligation to update
information required by Form U-4 as changes occur;
(ii) An investment adviser representative and the investment adviser must file promptly
with the IARD any amendments to the representative's Form U-4; and
(iii) An amendment will be considered to be filed promptly if the amendment is filed
within 30 days of the event that requires the filing of the amendment.
(4) An application for initial or renewal of registration is not considered filed for purposes
of section 80A.58 until the required fee and all required submissions have been received
by the administrator.
(5) The application for withdrawal of registration as an investment adviser representative
pursuant to section 80A.58 shall be completed by following the instructions on Form U-5
(Uniform Termination Notice for Securities Industry Registration) and filed upon Form U-5
with the IARD.
Sec. 33.
Minnesota Statutes 2020, section 80C.05, subdivision 2, is amended to read:
Subd. 2.
Commissioner's powers.
The commissioner shall have power to place such
conditions, limitations, and restrictions on any registration as may be necessary to carry out
the purposes of sections 80C.01 to 80C.22. Upon compliance with the provisions of sections
80C.01 to 80C.22 and other requirements of the commissioner, and if the commissioner
finds no ground for denial of the registration, the commissioner shall register the franchise.
Registration deleted text begin shall be by entry in a book called Register of Franchises, which entrydeleted text end shall
show the franchise registered and for whom registered, and shall specify the conditions,
limitations, and restrictions upon such registration, if any, or shall make proper reference
to a formal order of the commissioner on file showing such conditions, limitations, and
restrictions. The registration shall become effective upon issuance by the commissioner of
an order for registration.
Sec. 34.
Minnesota Statutes 2020, section 80C.08, subdivision 1, is amended to read:
Subdivision 1.
Filing; fee.
deleted text begin Within 120 days after the fiscal year end of the registrant,
the registrant shalldeleted text end new text begin A registration is effective for 12 months from the date the commissioner's
order is issued. A registrant mustnew text end file a report in the form prescribed by rule of the
commissionernew text begin before the end of the registration effective periodnew text end . A fee of $200 shall
accompany the annual report.
new text begin EFFECTIVE DATE; APPLICABILITY. new text end
new text begin
This section is effective January 1, 2023,
and applies to initial registrations filed on or after that date.
new text end
Sec. 35.
Minnesota Statutes 2020, section 80G.01, subdivision 3, is amended to read:
Subd. 3.
Dealer.
(a) Subject to the exceptions in paragraph (b), a "dealer" means any
person who buys, sells, solicits, or markets bullion products or investments in bullion
products to consumers anddeleted text begin :deleted text end new text begin conducts Minnesota transactions.
new text end
deleted text begin
(1) is incorporated, registered, domiciled, or otherwise located in this state;
deleted text end
deleted text begin
(2) has a dealer representative located in this state; or
deleted text end
deleted text begin
(3) does business with a consumer at a location in this state, or delivers or ships a bullion
product or makes a payment to a consumer at an address in this state, unless the transaction
occurs when the consumer is at a business location outside of this state.
deleted text end
(b) A dealer does not include any of the following persons:
(1) a person who engages only in wholesale bullion product transactions with other
persons who engage only in wholesale bullion product transactions or with dealers who buy
or sell at retail and are properly registered under this chapter;
(2) a person who engages only in transactions at occasional garage or yard sales held at
the seller's residence, farm auctions held at the seller's residence, or estate sales held at the
decedent's residence;
(3) a person who is properly registered pursuant to chapter 80A, or the federal Securities
Exchange Act of 1934 and rules promulgated thereunder as a securities broker dealer or
broker dealer agent;
(4) an auctioneer who auctions bullion products on behalf of an owner, if the auctioneer
does not take title or ownership of the bullion products, or the operator of an Internet website
that allows users to offer the sale of bullion products through that website, does not set the
price, is not the seller of record, and does not take possession of any bullion products to be
offered;new text begin or
new text end
deleted text begin
(5) a person who engages only in transactions at no more than 12 trade shows per year
in this state where the consumer is present and the transaction is made at the trade show;
or
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end a federally or state-chartered bank, bank and trust, savings bank, savings
association, or credit union or any operating subsidiary of them.
Sec. 36.
Minnesota Statutes 2020, section 80G.01, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Minnesota transaction. new text end
new text begin
"Minnesota transaction" means a bullion product
transaction conducted:
new text end
new text begin
(1) by a dealer that is incorporated, registered, domiciled, or otherwise located in
Minnesota;
new text end
new text begin
(2) by a dealer representative at a location in Minnesota;
new text end
new text begin
(3) between a dealer and a consumer who lives in Minnesota; or
new text end
new text begin
(4) between a dealer and a Minnesota consumer when the transaction involves:
new text end
new text begin
(i) delivering or shipping a bullion product to an address in Minnesota;
new text end
new text begin
(ii) delivering to or shipping from a precious metal depository on behalf of a Minnesota
resident; or
new text end
new text begin
(iii) making payment to a consumer or receiving a payment from a consumer at an
address in Minnesota, unless the transaction occurs when the consumer is at a business
location outside of Minnesota.
new text end
Sec. 37.
Minnesota Statutes 2020, section 80G.02, subdivision 1, is amended to read:
Subdivision 1.
Registration required.
It is unlawful for a dealer or dealer representative
to deleted text begin solicit, market, buy, sell, or deliver bullion products or investments in bullion products
to a consumerdeleted text end new text begin conduct a Minnesota transactionnew text end without being registered by the commissioner
as provided for in this chapter. A dealer must submit an application to register itself and
each of its dealer representatives within 45 days of reaching $25,000 in the aggregate of
deleted text begin bullion product transactions with consumersdeleted text end new text begin Minnesota transactionsnew text end between July 1 and
June 30 of any year, as determined by the transactions' sale or purchase prices. Once a dealer
is required to register itself and its dealer representatives, the dealer must thereafter renew
its registration and the registration of each of its dealer representatives in accordance with
this chapterdeleted text begin , regardless of the aggregate annual amount of transactions,deleted text end unless the person
ceases to be a dealer. A dealer representative may not buy, sell, solicit, or market bullion
products or investments in bullion products on behalf of a dealer unless the dealer is properly
registered with the commissioner under this section.
Sec. 38.
Minnesota Statutes 2020, section 80G.02, subdivision 4, is amended to read:
Subd. 4.
Notice of change in registration information.
Anew text begin registerednew text end dealer must provide
the commissioner written notice of a change in the dealer's name, assumed names, doing
business as names, business addresses, including all business addresses at which it or its
dealer representatives conduct business, owners, e-mail addresses, website domain names,
or primary telephone number used by it or its dealer representatives to buy, sell, solicit, or
market to consumers bullion products or investments in bullion products no later than 30
days after the change occurs.
Sec. 39.
Minnesota Statutes 2020, section 80G.03, subdivision 2, is amended to read:
Subd. 2.
Dealer responsibility for actions of dealer representatives.
The commissioner
may take action against a dealer for any violations of this chapter by its dealer representatives
conducting deleted text begin activitiesdeleted text end new text begin Minnesota transactionsnew text end on behalf of or at the direction of the dealer.
The commissioner may also take action against the dealer representative.
Sec. 40.
Minnesota Statutes 2020, section 80G.04, subdivision 1, is amended to read:
Subdivision 1.
Dealer registration precluded.
The commissioner must deny an
application for registration or renewal of a dealer, or revoke such registration, if the bullion
deleted text begin coindeleted text end new text begin productnew text end dealer or its owners or officers have within the last ten years been convicted
in any court of any financial crime or other crime involving fraud or theft.
Sec. 41.
Minnesota Statutes 2020, section 80G.05, subdivision 1, is amended to read:
Subdivision 1.
Screening process required.
Eachnew text begin registerednew text end dealer must establish
procedures to screen each of its owners and officers and each of its dealer representatives
prior to submitting the application to the commissioner for initial registration and at each
renewal. The results of such screenings shall be kept on file by the dealer and, if requested
by the commissioner, provided to the commissioner as part of the initial registration and all
renewal registrations.
Sec. 42.
Minnesota Statutes 2021 Supplement, section 80G.06, subdivision 1, is amended
to read:
Subdivision 1.
Surety bond requirement.
(a) Every dealer shall maintain a current,
valid surety bond issued by a surety company admitted to do business in Minnesota in an
amount based on thenew text begin Minnesotanew text end transactions deleted text begin conducted with Minnesota consumers (purchases
from and sales to consumers at retail)deleted text end during the 12-month period prior to registration, or
renewal, whichever is applicable.
(b) The amount of the surety bond shall be as specified in the table below:
| Transaction Amount in Preceding 12-month Period |
Surety Bond Required |
| deleted text begin $0deleted text end new text begin $25,000new text end to $200,000 |
$25,000 |
| $200,000.01 to $500,000 |
$50,000 |
| $500,000.01 to $1,000,000 |
$100,000 |
| $1,000,000.01 to $2,000,000 |
$150,000 |
| Over $2,000,000 |
$200,000 |
Sec. 43.
Minnesota Statutes 2020, section 80G.06, subdivision 2, is amended to read:
Subd. 2.
Action on bond permitted.
A consumernew text begin involved in a Minnesota transaction
who isnew text end injured in money or property by a dealer's or dealer representative's failure to deleted text begin provide
bullion products that the consumer has paid for or failure to remit money or goods owed to
the consumer in connection with the consumer's sale of bullion productsdeleted text end new text begin comply with this
chapternew text end may file a claim with the surety and if the claim is not paid, is authorized to bring
an action based on the bond and recover against the surety. The commissioner or attorney
general may also file a claim and bring an action on the bond and recover against the surety
on behalf of a consumer so injured.
Sec. 44.
Minnesota Statutes 2020, section 80G.07, subdivision 1, is amended to read:
Subdivision 1.
Sales practices.
deleted text begin Nodeleted text end new text begin When conducting a Minnesota transaction, anew text end dealer
or dealer representative deleted text begin shalldeleted text end new text begin must notnew text end :
(1) prior to a transaction regarding bullion products, or concurrent with the delivery
thereof, fail to provide to the consumer an invoice, which, in a clear and conspicuous manner,
discloses the dealer's registration number, the Department of Commerce's e-mail address
and telephone number, the sale or purchase price, the quantity of the bullion products, and
specifically identifies and describes the bullion products, as well as their precious metal
content, but only if it differs from the precious metal content specified by a government
mint issuing the product and struck on the product, or if the product is not issued by a
government mint;
(2) fail to investigate any consumer complaint and retain records of all consumer
complaints, the results of its investigations, and the dealer's response and resolution of the
complaint;
(3) fail to deliver by common carrier bullion products to a consumer within the time
agreed upon with the consumer or, if no such agreement exists, within 30 days after the
consumer has paid for the bullion products;
(4) fail to pay a consumer for purchased bullion products within the time agreed upon
with the consumer or, if no such agreement exists, within 30 days after the consumer has
provided the bullion products;
(5) misrepresent the delivery date of bullion products or payment for bullion products,
or the dealer or representative's professional qualifications, affiliations, or registration;
(6) misrepresent any material aspect of a bullion product, including its performance,
efficacy, nature, investment value, central characteristics, liquidity, earnings potential, or
profitability;
(7) misrepresent the manner in which any bullion products a consumer provides will be
stored or otherwise handled once received;
(8) renegotiate the terms of a sale or purchase after receiving a consumer's payment or
bullion products without first obtaining the consumer's agreement to renegotiate and offering
the consumer the option to have the payment fully refunded or the entirety of the bullion
products returned;
(9) fail to respond within three business days to a consumer inquiry about the delivery
status of bullion products that the consumer has paid for but not yet received or the status
of a payment for bullion products that the consumer has already provided;
(10) telephone or solicit a consumer, or sell or provide the consumer's name to any other
dealer or dealer representative, after the consumer requests not to be contacted;
(11) violate a subpoena or order of the commissioner or a court;
(12) make any communication to a potential buyer or seller of bullion products that
misrepresents the relationship, if any, between the dealer or dealer representative and any
government agency or mint;
(13) improperly withhold, misappropriate, or convert any money or properties received
in the course of buying, selling, soliciting, or marketing bullion products or investments in
bullion products to consumers;
(14) misrepresent the terms of an actual or proposed purchase or sale of bullion products
or investment in bullion products to a consumer; or
(15) violate any other federal, state, or local law or rule related to selling, purchasing,
soliciting, or marketing of bullion products, investments in bullion products, or precious
metals, or any federal, state, or local law related to fraudulent, coercive, or dishonest
practices, or federal, state, or local law related to taxation or labor standards.
Sec. 45.
Minnesota Statutes 2021 Supplement, section 80G.11, is amended to read:
80G.11 NOTIFICATION TO COMMISSIONER.
Anew text begin registerednew text end dealer must notify the commissioner of any dealer representative termination
within ten days of the termination if the termination is based in whole or in part on a violation
of this chapter.
Sec. 46.
Minnesota Statutes 2020, section 82B.03, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Minimum damage acquisition report. new text end
new text begin
A real estate appraiser may provide a
minimum damage acquisition report for purposes of section 117.036. When providing a
minimum damage acquisition report, a real estate appraiser is not engaged in real estate
appraisal activity and is not subject to this chapter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2022.
new text end
Sec. 47.
Minnesota Statutes 2020, section 82B.19, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Out-of-state continuing education credit. new text end
new text begin
(a) For purposes of this subdivision,
the following terms have the meanings given:
new text end
new text begin
(1) "asynchronous educational offering" has the meaning given in the most recent version
of the Real Property Appraiser Qualification Criteria, as established by the Appraiser
Qualifications Board; and
new text end
new text begin
(2) "synchronous educational offering" has the meaning given in the most recent version
of the Real Property Appraiser Qualification Criteria, as established by the Appraiser
Qualifications Board, and includes an educational process based on live or real-time
instruction where there is no geographic separation of instructor and student.
new text end
new text begin
(b) Notwithstanding section 45.30, subdivisions 1 and 6, a real estate appraiser may
submit, in a form prescribed by the commissioner, an application for continuing education
credit for a synchronous educational offering that has not been submitted for prior approval
in Minnesota. The commissioner must grant a real estate appraiser continuing education
credit if:
new text end
new text begin
(1) the application is submitted on or before August 1 of the year in which the real estate
appraiser license is due for renewal;
new text end
new text begin
(2) the synchronous educational offering has been approved for continuing education
credit by the regulator of real estate appraisers in at least one other state or United States
territory; and
new text end
new text begin
(3) an application is submitted by the real estate appraiser to the commissioner within
30 days of successful completion of the synchronous education offering.
new text end
new text begin
(c) The application must include a certificate of successful completion from the
synchronous education offering provider. The commissioner must grant a real estate appraiser
the same number of continuing education credits for the successful completion of the
synchronous educational offering as was approved for the offering by the out-of-state real
estate appraiser regulatory authority. The commissioner must grant a real estate appraiser
continuing education credit within 60 days of the submission of the completed application
for out-of-state continuing education credit.
new text end
new text begin
(d) The commissioner may charge a fee to a real estate appraiser, in an amount determined
by the commissioner, to submit an application under this subdivision.
new text end
new text begin
(e) This subdivision does not apply to asynchronous educational offerings.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2022.
new text end
Sec. 48.
Minnesota Statutes 2021 Supplement, section 82B.25, subdivision 2, is amended
to read:
Subd. 2.
Education.
deleted text begin Within two years of receiving a license under this chapter and as
required by the Appraiser Qualifications Board,deleted text end A real property appraiser shall provide to
the commissioner evidence of satisfactory completion of a continuing education course on
the valuation bias of real property.new text begin An appraiser licensed after September 1, 2021, must
complete the course required by this section prior to the appraiser's first license renewal.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2022.
new text end
Sec. 49.
Minnesota Statutes 2020, section 82C.17, subdivision 2, is amended to read:
Subd. 2.
Evidence.
(a) An appraisal management company can evidence that the fees
paid to an appraiser were reasonable and customary through:
(1) objective third-party information, including, but not limited to, government agency
fee schedules or academic studies. An academic study used must exclude appraisal
assignments ordered by an appraisal management companydeleted text begin . The commissioner may establish
a fee scheduled for use by an appraisal management companydeleted text end ; or
(2) reviewing each of the following factors and making adjustments to recent fees paid
for appraisal services performed in the market area:
(i) the type of property appraised;
(ii) the scope of the appraisal work;
(iii) the time in which the appraisal service must be performed;
(iv) appraiser qualifications;
(v) appraiser experience and professional record; and
(vi) appraiser work quality.
(b) The fees paid for a complex appraisal assignment shall reflect the increased time,
difficulty, and scope of work required.
(c) An appraisal management company shall maintain written documentation describing
and substantiating all methods and information used to determine the customary and
reasonable fees required by this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2022.
new text end
Sec. 50.
new text begin
[214.035] LICENSING DISQUALIFICATIONS; PRELIMINARY
APPLICATIONS; REPORTS.
new text end
new text begin Subdivision 1. 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) "Conviction" has the meaning given in section 609.02, subdivision 5.
new text end
new text begin
(c) "Criminal record" means a record of an arrest, prosecution, criminal proceeding, or
conviction.
new text end
new text begin
(d) "State licensor" or "licensor" means a state agency or examining and licensing board
that issues an occupational or professional license, registration, or certificate and considers
before issuing the license, registration, or certificate any criminal record or conviction of
an applicant that may make an applicant ineligible to receive the license, registration, or
certificate.
new text end
new text begin Subd. 2. new text end
new text begin Scope. new text end
new text begin
(a) This section does not apply to a license, registration, or certificate
issued by a state licensor if the license, registration, or certificate does not require an applicant
to report to the state licensor as part of the application process the applicant's criminal record
or does not require an applicant to obtain a criminal background check or study as part of
the application process to obtain the license, registration, or certificate.
new text end
new text begin
(b) This section does not apply to a license, registration, or certificate issued by the
Department of Health, Department of Human Services, or any health-related licensing board,
as defined in section 214.01, subdivision 2.
new text end
new text begin
(c) The preliminary application process described under this section may only be utilized
by an individual who has a criminal record.
new text end
new text begin Subd. 3. new text end
new text begin Preliminary applications. new text end
new text begin
(a) Notwithstanding any law to the contrary, all
state licensors shall permit an individual to submit a preliminary application for a
determination pursuant to this section as to whether a criminal record or conviction that
may be considered by the state licensor under state law would make the individual ineligible
to receive an occupational or professional license, registration, or certificate issued by the
state licensor.
new text end
new text begin
(b) An applicant shall submit a preliminary application and any other supporting
documents to the appropriate state licensor in a form and manner approved by the licensor.
The state licensor may require that the applicant provide information about the applicant's
criminal record in the form and manner approved by the licensor.
new text end
new text begin
(c) A state licensor may charge a fee to cover any expenses incurred in connection with
processing a preliminary application, provided the fee does not exceed the actual cost to
the state licensor of processing the application or the initial fee for the applicable license,
registration, or certificate. If the applicant subsequently applies for the license, registration,
or certificate, the amount of the preliminary application fee paid by the applicant must be
credited toward the applicant's initial fee for the license, registration, or certificate. An
applicant may request a waiver of this fee. A fee collected under this paragraph for the
expenses incurred by the state licensor shall be deposited in the fund in the state treasury
in which the state licensor deposits fees collected for issuing occupational or professional
licenses, registrations, or certificates. If the state licensor does not collect a fee for issuing
occupational or professional licenses, registrations, or certificates, any fee collected under
this paragraph shall be deposited pursuant to section 214.06, subdivision 1.
new text end
new text begin
(d) Upon receipt of a completed preliminary application and any necessary supporting
documents, the state licensor must determine under state law whether a criminal record or
conviction that may be considered under state law would make the applicant ineligible to
receive a professional or occupational license, registration, or certificate from the licensor.
The state licensor must issue a written decision within 60 days of receiving a completed
preliminary application. If the state licensor determines that a criminal record or conviction
would make the applicant ineligible to receive a professional or occupational license,
registration, or certificate, the written decision must:
new text end
new text begin
(1) state all reasons the professional or occupational license, registration, or certificate
would be denied, including the standard used to make the decision;
new text end
new text begin
(2) notify the applicant of the right to appeal the decision or seek reconsideration of the
results of a background check or background study, if applicable; and
new text end
new text begin
(3) inform the applicant of any action or additional steps the applicant could take to
qualify for a professional or occupational license, registration, or certificate.
new text end
new text begin
(e) If a state licensor determines that no criminal records or convictions would make the
applicant ineligible to receive a professional or occupational license, registration, or
certificate, that decision is binding on the licensor unless the decision is clearly erroneous
under state law or:
new text end
new text begin
(1) the applicant is convicted of a crime or commits any other disqualifying act that may
be considered by the state licensor under state law after submission of the preliminary
application;
new text end
new text begin
(2) the applicant provided incomplete information in the preliminary application;
new text end
new text begin
(3) the applicant provided inaccurate or fraudulent information in the preliminary
application; or
new text end
new text begin
(4) changes to state law were enacted after the date the decision was issued, making the
applicant ineligible under state law to receive a license, registration, or certificate.
new text end
new text begin
(f) Nothing in this section precludes a licensor from issuing a license, registration, or
certificate to an applicant that includes limitations or conditions on the license, registration,
or certificate based on a criminal conviction or alleged misconduct of the applicant.
new text end
new text begin
(g) By August 1 of each year, each state licensor shall submit to the commissioner of
management and budget the number of applicants who submitted preliminary applications
to the licensor in accordance with this section and the number of applicants who subsequently
applied for a license, registration, or certificate for the previous fiscal year. The state licensor
shall also submit the total amount of initial application fees that were not paid by these
applicants pursuant to paragraph (c), or, if the licensor does not collect a fee for issuing a
license, registration, or certificate, the cost of processing the preliminary application fee
that was not covered pursuant to paragraph (c). Each fiscal year, an amount necessary to
pay each state licensor the rest of each initial application fee or the rest of the cost of
processing each preliminary application if an initial application fee was not collected by
the licensor is appropriated from the general fund to the appropriate state licensor.
new text end
new text begin
(h) This section does not apply to a state licensor that does not require an applicant to
provide a criminal record, complete a background check, or complete a background study.
new text end
new text begin Subd. 4. new text end
new text begin Reports. new text end
new text begin
(a) By January 15 of each year, every state licensor shall report to the
Department of Employment and Economic Development on:
new text end
new text begin
(1) the number of individuals who applied for a professional or occupational license,
registration, or certificate from the licensor;
new text end
new text begin
(2) the number of individuals described in clause (1) who were found to be ineligible
due to a criminal record or conviction;
new text end
new text begin
(3) the number of individuals who submitted a preliminary application under this section;
and
new text end
new text begin
(4) the number of individuals described in clause (3) who were found to be ineligible
due to a criminal record or conviction.
new text end
new text begin
(b) On or before February 15 of each year, the commissioner of employment and
economic development shall compile the reports received under paragraph (a) and provide
the compiled reports to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over employment.
The commissioner of employment and economic development must make the report readily
available on the department's public website.
new text end
Sec. 51.
Minnesota Statutes 2020, section 239.761, subdivision 3, is amended to read:
Subd. 3.
Gasoline.
(a) Gasoline that is not blended with biofuel must not be contaminated
with water or other impurities and must comply with ASTM specification D4814-11b.
Gasoline that is not blended with biofuel must also comply with the volatility requirements
in Code of Federal Regulations, title 40, part deleted text begin 80deleted text end new text begin 1090new text end .
(b) After gasoline is sold, transferred, or otherwise removed from a refinery or terminal,
a person responsible for the product:
(1) may blend the gasoline with agriculturally derived ethanol as provided in subdivision
4;
(2) shall not blend the gasoline with any oxygenate other than biofuel;
(3) shall not blend the gasoline with other petroleum products that are not gasoline or
biofuel;
(4) shall not blend the gasoline with products commonly and commercially known as
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural
gasoline; and
(5) may blend the gasoline with a detergent additive, an antiknock additive, or an additive
designed to replace tetra-ethyl lead, that is registered by the EPA.
Sec. 52.
Minnesota Statutes 2020, section 239.761, subdivision 4, is amended to read:
Subd. 4.
Gasoline blended with ethanol; general.
(a) Gasoline may be blended with
agriculturally derived, denatured ethanol that complies with the requirements of subdivision
5.
(b) A gasoline-ethanol blend must:
(1) comply with the volatility requirements in Code of Federal Regulations, title 40, part
deleted text begin 80deleted text end new text begin 1090new text end ;
(2) comply with ASTM specification D4814-11b, or the gasoline base stock from which
a gasoline-ethanol blend was produced must comply with ASTM specification D4814-11b;
and
(3) not be blended with casinghead gasoline, absorption gasoline, condensation gasoline,
drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred,
or otherwise removed from a refinery or terminal.
Sec. 53.
Minnesota Statutes 2020, section 239.791, subdivision 2a, is amended to read:
Subd. 2a.
Federal Clean Air Act waivers; conditions.
(a) Before a waiver granted by
the United States Environmental Protection Agency under United States Code, title 42,
section 7545, may alter the minimum content level required by subdivision 1, paragraph
(a), clause (1), item (ii), the waiver must:
(1) apply to all gasoline-powered motor vehicles irrespective of model year; and
(2) allow for special regulatory treatment of Reid vapor pressure under Code of Federal
Regulations, title 40, deleted text begin section 80.27deleted text end new text begin part 1090.215new text end , paragraph deleted text begin (d)deleted text end new text begin (b)new text end , for blends of gasoline
and ethanol up to the maximum percent of denatured ethanol by volume authorized under
the waiver.
(b) The minimum biofuel requirement in subdivision 1, paragraph (a), clause (1), item
(ii), shall, upon the grant of the federal waiver, be effective the day after the commissioner
of commerce publishes notice in the State Register. In making this determination, the
commissioner shall consider the amount of time required by refiners, retailers, pipeline and
distribution terminal companies, and other fuel suppliers, acting expeditiously, to make the
operational and logistical changes required to supply fuel in compliance with the minimum
biofuel requirement.
Sec. 54.
Minnesota Statutes 2020, section 296A.01, subdivision 23, is amended to read:
Subd. 23.
Gasoline.
(a) "Gasoline" means:
(1) all products commonly or commercially known or sold as gasoline regardless of
their classification or uses, except casinghead gasoline, absorption gasoline, condensation
gasoline, drip gasoline, or natural gasoline that under the requirements of section 239.761,
subdivision 3, must not be blended with gasoline that has been sold, transferred, or otherwise
removed from a refinery or terminal; and
(2) any liquid prepared, advertised, offered for sale or sold for use as, or commonly and
commercially used as, a fuel in spark-ignition, internal combustion engines, and that when
tested by the Weights and Measures Division meets the specifications in ASTM specification
D4814-11b.
(b) Gasoline that is not blended with ethanol must not be contaminated with water or
other impurities and must comply with both ASTM specification D4814-11b and the volatility
requirements in Code of Federal Regulations, title 40, part deleted text begin 80deleted text end new text begin 1090new text end .
(c) After gasoline is sold, transferred, or otherwise removed from a refinery or terminal,
a person responsible for the product:
(1) may blend the gasoline with agriculturally derived ethanol, as provided in subdivision
24;
(2) must not blend the gasoline with any oxygenate other than denatured, agriculturally
derived ethanol;
(3) must not blend the gasoline with other petroleum products that are not gasoline or
denatured, agriculturally derived ethanol;
(4) must not blend the gasoline with products commonly and commercially known as
casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or natural
gasoline; and
(5) may blend the gasoline with a detergent additive, an antiknock additive, or an additive
designed to replace tetra-ethyl lead, that is registered by the EPA.
Sec. 55.
Minnesota Statutes 2020, section 332.33, subdivision 3, is amended to read:
Subd. 3.
Term.
Licenses issued or renewed and registrations received by the
commissioner of commerce under sections 332.31 to 332.44 shall expire on June 30. Each
collection agency license shall plainly state the name and business address of the licensee,
and shall be posted in a conspicuous place in the office where the business is transacted.
The fee for each collection agency license is $500, and renewal is $400. The fee for each
collector registration and renewal is $10new text begin , which entitles the individual collector to work at
a licensee's business location or in another location as provided under subdivision 5b. An
additional branch license is not required for a location used under subdivision 5bnew text end . A collection
agency licensee who desires to carry on business in more than one place shall procure a
license for each place where the business is to be conducted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2022.
new text end
Sec. 56.
Minnesota Statutes 2020, section 332.33, is amended by adding a subdivision to
read:
new text begin Subd. 5b. new text end
new text begin Work from home. new text end
new text begin
An employee of a licensed collection agency may work
from a location other than the licensee's business location if the licensee and employee
comply with all requirements under this section that would apply if the employee were
working at the business location.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2022.
new text end
Sec. 57.
Minnesota Statutes 2020, section 336.9-510, is amended to read:
336.9-510 EFFECTIVENESS OF FILED RECORD.
(a) Filed record effective if authorized. A filed record is effective only to the extent
that it was filed by a person that may file it under section 336.9-509new text begin or by the filing office
under section 336.9-5135new text end .
(b) Authorization by one secured party of record. A record authorized by one secured
party of record does not affect the financing statement with respect to another secured party
of record.
(c) Continuation statement not timely filed. A continuation statement that is not filed
within the six-month period prescribed by section 336.9-515(d) is ineffective.
Sec. 58.
new text begin
[336.9-5135] TERMINATION OF WRONGFULLY FILED FINANCING
STATEMENT; REINSTATEMENT.
new text end
new text begin
(a) Intent to harass. "Intent to harass" means that from the totality of the information
provided in the record, it appears obvious to the filing office that there is no valid basis for
the filing of the record.
new text end
new text begin
(b) Affidavit of wrongful filing. A person identified as the debtor in a filed financing
statement may deliver to the filing office a notarized affidavit that identifies the financing
statement by file number, indicates the person's mailing address, and states that the person
believes the filed record identifying the person as the debtor was not authorized to be filed
and was communicated or caused to be communicated to the office with the intent to harass
or defraud the person identified as the debtor. The office may reject an affidavit that is
incomplete or that the office believes was delivered with the intent to harass or defraud the
secured party. The secretary of state must provide a form of affidavit for use under this
section.
new text end
new text begin
(c) Termination statement by filing office. If an affidavit is delivered to the filing
office under subsection (b) and is not rejected under subsection (b), the office must promptly
file a termination statement with respect to the financing statement identified in the affidavit.
The termination statement must identify by its file number the initial financing statement
it relates to and must indicate that it was filed pursuant to this section. A termination
statement filed under this subsection is not effective until 20 days after the date it is filed.
new text end
new text begin
(d) No fee charged or refunded. The filing office must not charge a fee to file an
affidavit under subsection (b) or a termination statement under subsection (c). The office
must not return any fee paid to file the financing statement identified in the affidavit, whether
or not the financing statement is reinstated under subsection (g).
new text end
new text begin
(e) Notice of termination statement. Within two business days of the date a filing office
files a termination statement under subsection (c), it must send to the secured party of record
for the financing statement the termination statement relates to a notice stating the termination
statement has been filed and becomes effective 20 days after the date the termination
statement was filed. The notice must be sent by certified mail, return receipt requested, to
the address provided for the secured party of record in the financing statement, with a copy
sent by e-mail to the e-mail address provided by the secured party of record, if any.
new text end
new text begin
(f) Administrative review; action for reinstatement. If a secured party believes in
good faith the filed record identified in an affidavit and delivered to the filing office under
subsection (b) was authorized to be filed and was not communicated or caused to be
communicated to the filing office with the intent to harass or defraud, the secured party may
do the following:
new text end
new text begin
(1) before the termination statement takes effect, request that the filing office conduct
an expedited review of the filed record and any documentation provided by the secured
party. The filing office may, as a result of the review, remove from the record the termination
statement the filing office filed under subsection (c) before the termination statement takes
effect; or
new text end
new text begin
(2) at any time, commence an action against the filing office seeking reinstatement of
the financing statement the filed record relates to. The action must be commenced before
the expiration of six months after the date the termination statement was filed under
subsection (c) becomes effective. If the person identified as the debtor is not named as a
defendant in the action, the secured party must send a copy of the complaint to the person
identified as the debtor at the address indicated in the affidavit. The exclusive venue for the
action is the district court for the county where the filing office in which the financing
statement was filed is located. The action must be considered by the court on an expedited
basis.
new text end
new text begin
(g) Office to file notice of action for reinstatement. Within ten days after the date the
filing office is served with process in an action under subsection (f), the filing office must
file in the central filing system a notice indicating the action has been commenced. The
notice must indicate the file number of the initial financing statement it relates to.
new text end
new text begin
(h) Action for reinstatement successful. In an action under subsection (f), if the court
determines the financing statement was authorized to be filed and was not communicated
or caused to be communicated to the filing office with the intent to harass or defraud the
person identified as the debtor, the court must order that the financing statement is reinstated.
If a reinstatement order is issued by the court, the filing office must promptly file a record
that identifies by its file number the initial financing statement the record relates to and
indicates the financing statement has been reinstated.
new text end
new text begin
(i) Effect of reinstatement. Upon the filing of a record reinstating a financing statement
under subsection (h), the effectiveness of the financing statement is reinstated and the
financing statement is considered to never have been terminated under this section. A
continuation statement filed under section 336.9-515(d) after the effective date of a
termination statement filed under subsection (c) becomes effective if the financing statement
is reinstated.
new text end
new text begin
(j) Liability for wrongful filing. In an action under subsection (f), if the court determines
the filed record identified in an affidavit delivered to the filing office under subsection (b)
was not authorized to be filed and was communicated or caused to be communicated to the
filing office with the intent to harass or defraud the person identified as the debtor, the filing
office and the person identified as the debtor may recover from the secured party that filed
the action the costs and expenses, including reasonable attorney fees, that the filing office
and the person identified as the debtor incurred in the action. The recovery is under this
subsection in addition to any recovery the person identified as the debtor is entitled to under
section 336.9-625.
new text end
Sec. 59.
Minnesota Statutes 2020, section 336.9-516, is amended to read:
336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
(a) What constitutes filing. Except as otherwise provided in subsection (b),
communication of a record to a filing office and tender of the filing fee or acceptance of
the record by the filing office constitutes filing.
(b) Refusal to accept record; filing does not occur. Filing does not occur with respect
to a record that a filing office refuses to accept because:
(1) the record is not communicated by a method or medium of communication authorized
by the filing office. For purposes of filing office authorization, transmission of records using
the Extensible Markup Language (XML) format is authorized by the filing office after the
later of July 1, 2007, or the determination of the secretary of state that the central filing
system is capable of receiving and processing these records;
(2) an amount equal to or greater than the applicable filing fee is not tendered;
(3) the filing office is unable to index the record because:
(A) in the case of an initial financing statement, the record does not provide a name for
the debtor;
(B) in the case of an amendment or information statement, the record:
(i) does not identify the initial financing statement as required by section 336.9-512 or
336.9-518, as applicable; or
(ii) identifies an initial financing statement whose effectiveness has lapsed under section
336.9-515;
(C) in the case of an initial financing statement that provides the name of a debtor
identified as an individual or an amendment that provides a name of a debtor identified as
an individual which was not previously provided in the financing statement to which the
record relates, the record does not identify the debtor's surname; or
(D) in the case of a record filed or recorded in the filing office described in section
336.9-501 (a)(1), the record does not provide a sufficient description of the real property
to which it relates;
(4) in the case of an initial financing statement or an amendment that adds a secured
party of record, the record does not provide a name and mailing address for the secured
party of record;
(5) in the case of an initial financing statement or an amendment that provides a name
of a debtor which was not previously provided in the financing statement to which the
amendment relates, the record does not:
(A) provide a mailing address for the debtor; or
(B) indicate whether the name provided as the name of the debtor is the name of an
individual or an organization;
(6) in the case of an assignment reflected in an initial financing statement under section
336.9-514 (a) or an amendment filed under section 336.9-514 (b), the record does not provide
a name and mailing address for the assignee; deleted text begin or
deleted text end
(7) in the case of a continuation statement, the record is not filed within the six-month
period prescribed by section 336.9-515 (d)deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(8) in the case of an initial financing statement or an amendment that provides a name
of a debtor not previously provided in the financing statement to which the amendment
relates, the office reasonably believes the record was communicated or caused to be
communicated (i) with the intent to harass or defraud the person identified as the debtor, or
(ii) for another unlawful purpose. The office has no duty to form a belief as to whether a
record was communicated or caused to be communicated with the intent to harass or defraud
the person identified as the debtor or for another unlawful purpose, and has no duty to
investigate or ascertain facts relevant to whether the intent or purpose was present. The
secretary of state is not required to return an image of a filing rejected under this clause.
new text end
(c) Rules applicable to subsection (b). For purposes of subsection (b):
(1) a record does not provide information if the filing office is unable to read or decipher
the information; and
(2) a record that does not indicate that it is an amendment or identify an initial financing
statement to which it relates, as required by section 336.9-512, 336.9-514, or 336.9-518, is
an initial financing statement.
(d) Refusal to accept record; record effective as filed record. A record that is
communicated to the filing office with tender of the filing fee, but which the filing office
refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed
record except as against a purchaser of the collateral which gives value in reasonable reliance
upon the absence of the record from the files.
new text begin
(e) Effectiveness of record; purchaser in good faith. A record that the filing office
initially refuses to accept under subsection (b)(8) but later accepts after receiving additional
information is effective as if the office had not initially refused to accept the record, except
as against a purchaser of the collateral that gives value in reasonable reliance upon the
absence of the record from the files.
new text end
Sec. 60.
Minnesota Statutes 2020, section 515B.3-102, is amended to read:
515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.
(a) Except as provided in subsections (b), (c), (d), deleted text begin anddeleted text end (e),new text begin (f), (g), and (h)new text end and subject
to the provisions of the declaration or bylaws, the association shall have the power to:
(1) adopt, amend and revoke rules and regulations not inconsistent with the articles of
incorporation, bylaws and declaration, as follows: (i) regulating the use of the common
elements; (ii) regulating the use of the units, and conduct of unit occupants, which may
jeopardize the health, safety or welfare of other occupants, which involves noise or other
disturbing activity, or which may damage the common elements or other units; (iii) regulating
or prohibiting animals; (iv) regulating changes in the appearance of the common elements
and conduct which may damage the common interest community; (v) regulating the exterior
appearance of the common interest community, including, for example, balconies and patios,
window treatments, and signs and other displays, regardless of whether inside a unit; (vi)
implementing the articles of incorporation, declaration and bylaws, and exercising the
powers granted by this section; and (vii) otherwise facilitating the operation of the common
interest community;
(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect assessments for common expenses from unit owners;
(3) hire and discharge managing agents and other employees, agents, and independent
contractors;
(4) institute, defend, or intervene in litigation or administrative proceedings (i) in its
own name on behalf of itself or two or more unit owners on matters affecting the common
elements or other matters affecting the common interest community or, (ii) with the consent
of the owners of the affected units on matters affecting only those units;
(5) make contracts and incur liabilities;
(6) regulate the use, maintenance, repair, replacement, and modification of the common
elements and the units;
(7) cause improvements to be made as a part of the common elements, and, in the case
of a cooperative, the units;
(8) acquire, hold, encumber, and convey in its own name any right, title, or interest to
real estate or personal property, but (i) common elements in a condominium or planned
community may be conveyed or subjected to a security interest only pursuant to section
515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative
may be subjected to a security interest, only pursuant to section 515B.3-112;
(9) grant or amend easements for public utilities, public rights-of-way or other public
purposes, and cable television or other communications, through, over or under the common
elements; grant or amend easements, leases, or licenses to unit owners for purposes authorized
by the declaration; and, subject to approval by a vote of unit owners other than declarant
or its affiliates, grant or amend other easements, leases, and licenses through, over or under
the common elements;
(10) impose and receive any payments, fees, or charges for the use, rental, or operation
of the common elements, other than limited common elements, and for services provided
to unit owners;
(11) impose interest and late charges for late payment of assessments and, after notice
and an opportunity to be heard before the board or a committee appointed by it, levy
reasonable fines for violations of the declaration, bylaws, and rules and regulations of the
association;
(12) impose reasonable charges for the review, preparation and recordation of
amendments to the declaration, resale certificates required by section 515B.4-107, statements
of unpaid assessments, or furnishing copies of association records;
(13) provide for the indemnification of its officers and directors, and maintain directors'
and officers' liability insurance;
(14) provide for reasonable procedures governing the conduct of meetings and election
of directors;
(15) exercise any other powers conferred by law, or by the declaration, articles of
incorporation or bylaws; and
(16) exercise any other powers necessary and proper for the governance and operation
of the association.
(b) Notwithstanding subsection (a) the declaration or bylaws may not impose limitations
on the power of the association to deal with the declarant which are more restrictive than
the limitations imposed on the power of the association to deal with other persons.
new text begin
(c) An association levying a fine pursuant to subsection (a)(11), or an assessment pursuant
to section 515B.3-115(g) or 515B.3-1151(g), must provide written notice to a unit owner
that:
new text end
new text begin
(1) if applicable, indicates the amount, date, and reason for the levy;
new text end
new text begin
(2) identifies the violation for which a fine is being levied and the specific section of
the declaration, bylaws, or rules and regulations allegedly violated;
new text end
new text begin
(3) states that all unpaid fines and assessments are liens which, if not satisfied, could
lead to foreclosure of the unit;
new text end
new text begin
(4) describes the right of the unit owner to be heard by the board or a committee appointed
by the board;
new text end
new text begin
(5) states that if the assessment, fees, charges, or fine is not paid, the amount owed may
increase as a result of the imposition of attorney fees and other costs of collection; and
new text end
new text begin
(6) informs the unit owner that homeownership assistance is available from, and includes
the contact information for, the Minnesota Homeownership Center.
new text end
new text begin
(d) No further collection or enforcement action may be taken by the association for the
15-day period following delivery of the notice required under paragraph (c).
new text end
new text begin
(e) No attorney fees are chargeable or may be collected from a unit owner who disputes
the levy or assessment and prevails at a hearing held by the board or a committee appointed
by the board.
new text end
deleted text begin (c)deleted text end new text begin (f)new text end Notwithstanding subsection (a), powers exercised under this section must comply
with section 500.215.
deleted text begin (d)deleted text end new text begin (g)new text end Notwithstanding subsection (a)(4) or any other provision of this chapter, the
association, before instituting litigation or arbitration involving construction defect claims
against a development party, shall:
(1) mail or deliver written notice of the anticipated commencement of the action to each
unit owner at the addresses, if any, established for notices to owners in the declaration and,
if the declaration does not state how notices are to be given to owners, to the owner's last
known address. The notice shall specify the nature of the construction defect claims to be
alleged, the relief sought, and the manner in which the association proposes to fund the cost
of pursuing the construction defect claims; and
(2) obtain the approval of owners of units to which a majority of the total votes in the
association are allocated. Votes allocated to units owned by the declarant, an affiliate of the
declarant, or a mortgagee who obtained ownership of the unit through a foreclosure sale
are excluded. The association may obtain the required approval by a vote at an annual or
special meeting of the members or, if authorized by the statute under which the association
is created and taken in compliance with that statute, by a vote of the members taken by
electronic means or mailed ballots. If the association holds a meeting and voting by electronic
means or mailed ballots is authorized by that statute, the association shall also provide for
voting by those methods. Section 515B.3-110(c) applies to votes taken by electronic means
or mailed ballots, except that the votes must be used in combination with the vote taken at
a meeting and are not in lieu of holding a meeting, if a meeting is held, and are considered
for purposes of determining whether a quorum was present. Proxies may not be used for a
vote taken under this paragraph unless the unit owner executes the proxy after receipt of
the notice required under subsection deleted text begin (d)deleted text end new text begin (g)new text end (1) and the proxy expressly references this notice.
deleted text begin (e)deleted text end new text begin (h)new text end The association may intervene in a litigation or arbitration involving a construction
defect claim or assert a construction defect claim as a counterclaim, crossclaim, or third-party
claim before complying with subsections deleted text begin (d)deleted text end new text begin (g)new text end (1) and deleted text begin (d)deleted text end new text begin (g)new text end (2) but the association's
complaint in an intervention, counterclaim, crossclaim, or third-party claim shall be dismissed
without prejudice unless the association has complied with the requirements of subsection
deleted text begin (d)deleted text end new text begin (g)new text end within 90 days of the association's commencement of the complaint in an intervention
or the assertion of the counterclaim, crossclaim, or third-party claim.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 61.
Minnesota Statutes 2020, section 549.30, subdivision 3, is amended to read:
Subd. 3.
Applicable law.
"Applicable law" means: (1) the laws of the United States; (2)
the laws of this state, including principles of equity applied in the courts of this state; and
(3) the laws of any other jurisdiction: (i) which is the domicile of the payee deleted text begin or any other
interested partydeleted text end ; (ii) under whose laws a structured settlement agreement was approved by
a court or responsible administrative authority; or (iii) in whose courts a settled claim was
pending when the parties entered into a structured settlement agreement.
Sec. 62.
Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Assignee. new text end
new text begin
"Assignee" means a person acquiring or proposing to acquire
structured settlement payment rights from a transferee.
new text end
Sec. 63.
Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Effective equivalent annual interest rate. new text end
new text begin
"Effective equivalent annual
interest rate" means the annualized rate of interest on the net advance amount, calculated
by treating the transferred settlement payments as if the transferred settlement payments
were installment payments on a loan, with each payment applied first to the accrued unpaid
interest and then to the principal.
new text end
Sec. 64.
Minnesota Statutes 2020, section 549.30, subdivision 6, is amended to read:
Subd. 6.
Independent professional advice.
"Independent professional advice" means
advice of an attorney, certified public accountant, actuary,new text begin financial adviser,new text end or other new text begin licensed
new text end professional adviser: (1) who is engaged by a payee to render advice concerning the legal,
tax, and financial implications of a transfer of structured settlement payment rights; (2)new text begin to
whom the payee is not referred directly or indirectly andnew text end who is not in any manner affiliated
with or compensated by the transferee of the transfer; and (3) whose compensation for
providing the advice is not affected by whether a transfer occurs or does not occur.
Sec. 65.
Minnesota Statutes 2020, section 549.30, subdivision 15, is amended to read:
Subd. 15.
Structured settlement payment rights.
"Structured settlement payment
rights" means rights to receive periodic payments, including lump-sum payments, under a
structured settlement, whether from the settlement obligor or the annuity issuer, where: (1)
the payee deleted text begin or any other interested partydeleted text end is domiciled in the state; (2) the structured settlement
agreement was approved by a court or responsible administrative authority in the state; or
(3) the settled claim was pending before the courts of this state when the parties entered
into the structured settlement agreement.
Sec. 66.
Minnesota Statutes 2020, section 549.30, subdivision 19, is amended to read:
Subd. 19.
Transferee.
"Transferee" means a person deleted text begin who is receiving or will receivedeleted text end new text begin
acquiring or proposing to acquirenew text end structured settlement payment rights deleted text begin resulting from a
transferdeleted text end .
Sec. 67.
Minnesota Statutes 2020, section 549.31, is amended to read:
549.31 CONDITIONS TO TRANSFERS OF STRUCTURED SETTLEMENT
PAYMENT RIGHTS AND STRUCTURED SETTLEMENT AGREEMENTS.
Subdivision 1.
Generally.
No direct or indirect transfer of structured settlement payment
rights is effective and no structured settlement obligor or annuity issuer is required to make
a payment directly or indirectly to a transferee of structured settlement payment rights unless
the transfer has been authorized in advance in a final order of a court of competent jurisdiction
or responsible administrative authority, based on the court's or responsible administrative
authority's written express findingsnew text begin , after notice and hearing,new text end that:
(a) the transfer complies with the requirements of sections 549.31 to 549.34 and will
not contravene other applicable law;
(b) not less than ten days before the date on which the payee first incurred an obligation
with respect to the transfer, the transferee has provided to the payeenew text begin , an attorney representing
the payee or advising the payee, or any other professional known to be advising the payeenew text end
a disclosure statement in bold type, no smaller than 14 points, specifying:
(1) the amounts and due dates of the structured settlement payments to be transferred;
(2) the aggregate amount of the payments;
(3) the discounted present value of the payments, together with the discount rate used
in determining the discounted present value;
(4) the gross amount payable to the payee in exchange for the payments;
(5) an itemized listing of all brokers' commissions, service charges, application fees,
processing fees, closing costs, filing fees, referral fees, administrative fees, legal fees, notary
fees, and other commissions, fees, costs, expenses, andnew text begin any othernew text end charges payable by the
payee or deductible from the gross amount otherwise payable to the payeenew text begin , and verification
that the total fees and charges do not exceed two percent of the total compensation payable
to the payeenew text end ;
(6) the net amount payable to the payee after deduction of all commissions, fees, costs,
expenses, and charges described in clause (5);
(7) the quotient, expressed as a percentage, obtained by dividing the net payment amount
by the discounted present value of the payments; deleted text begin and
deleted text end
(8) the amount of any penalty and the aggregate amount of any liquidated damages,
including penalties, payable by the payee in the event of a breach of the transfer agreement
by the payee;
new text begin
(9) the effective equivalent annual interest rate, disclosed in the following form: "Based
on the net amount that you will receive from us and the amounts and timing of the structured
settlement payments you are transferring to us, in effect you will be paying us at an interest
rate of ....... % per year"; and
new text end
new text begin
(10) that the payee is advised to obtain independent professional advice about the transfer,
disclosed in the following form: "Before agreeing to sell any of your payment rights, you
should seek guidance from an attorney, accountant, actuary, financial adviser, or tax or
other licensed professional adviser who is not associated with the buyer. It is illegal for the
buyer to refer you to anyone for this advice and for anyone associated with or paid for by
the buyer to give you advice.";
new text end
(c)new text begin based on the files, records, disclosures, and evidence presented at the hearing,new text end the
deleted text begin payeedeleted text end new text begin courtnew text end has established that thenew text begin financial terms of the proposednew text end transfernew text begin are fair and
reasonable and the proposed transfernew text end is in the best interests of the payee and the payee's
dependentsdeleted text begin ;deleted text end new text begin , after considering:
new text end
new text begin
(1) the payee's age, legal knowledge, and apparent maturity level, and any other relevant
factors and the stated purpose of the transfer;
new text end
new text begin
(2) whether the payee has the capacity to fully understand the financial terms and
implications of the transfer agreement;
new text end
new text begin
(3) whether the payee is employed or employable;
new text end
new text begin
(4) the payee's ability to meet (i) ongoing and known future living expenses, including
medical expenses, and (ii) the current and future financial obligations of the payee and the
payee's dependents, including child support and spousal maintenance;
new text end
new text begin
(5) whether the payee completed previous transactions involving the payee's structured
settlement payments, and the timing, size, stated purpose, and actual use of the proceeds;
new text end
new text begin
(6) the impact of the proposed transfer on current or future eligibility of the payee or
the payee's dependents for public benefits; and
new text end
new text begin
(7) any other factors or facts the court determines are relevant and should be considered;
new text end
(d) the payee hasnew text begin or has notnew text end received independent professional advice regarding the
legal, tax, and financial implications of the transfer;
(e) the transferee has given written notice of the transferee's name, address, and taxpayer
identification number to the annuity issuer and the structured settlement obligor and has
filed a copy of the notice with the court or responsible administrative authority; and
(f) that the transfer agreement provides that any disputes between the parties will be
governed, interpreted, construed, and enforced in accordance with the laws of this state and
that the domicile state of the payee is the proper place of venue to bring any cause of action
new text begin in district court new text end arising out of a breach of the agreement. The transfer agreement must also
provide that the parties agree to the jurisdiction of any court of competent jurisdiction located
in this statenew text begin and that no predispute arbitration is required by the agreementnew text end .
deleted text begin If the transfer would contravene the terms of the structured settlement, upon the filing
of a written objection by any interested party and after considering the objection and any
response to it, the court or responsible administrative authority may grant, deny, or impose
conditions upon the proposed transfer as the court or responsible administrative authority
deems just and proper under the facts and circumstances in accordance with established
principles of law.deleted text end Any order approving a transfer must require that the transferee indemnify
the annuity issuer and the structured settlement obligor for any liability including reasonable
costs and attorney fees arising from compliance by the issuer or obligor with the order of
the court or responsible administrative authority.
new text begin Subd. 1a. new text end
new text begin Appointment of evaluator. new text end
new text begin
The court may, in its discretion in any case,
appoint an attorney to make an independent assessment and advise the court whether the
financial terms of the proposed transfer agreement are fair and reasonable, and whether the
transfer is in the best interests of the payee and the payee's dependents. The evaluator must
present the findings of the evaluation to the court at or prior to a hearing on the application.
All costs and reasonable fees for the evaluator shall be borne by the transferee.
new text end
new text begin Subd. 1b. new text end
new text begin
Obligations of annuity issuers and structured settlement obligors; liability
of transferees.
new text end
new text begin
(a) The annuity issuer and the structured settlement obligor may rely on the
court order approving the transfer of structured settlement payment rights in redirecting
periodic payments and, as to all parties except the transferee or an assignee, be discharged
and released from any and all liability for the redirected payments. The failure of any party
to the transfer to comply with sections 549.30 to 549.34 or with the court order approving
the transfer has no effect on the discharge and release.
new text end
new text begin
(b) The transferee is liable to the structured settlement obligor and annuity issuer:
new text end
new text begin
(1) if the transfer contravenes the terms of the structured settlement, and for any taxes
incurred by the structured settlement obligor or annuity issuer resulting from the transfer;
or
new text end
new text begin
(2) for any other liabilities or costs, including reasonable attorney fees, arising from
compliance by the annuity issuer or the structured settlement obligor with the court order
approving the transfer, or from the failure of any party to the transfer to comply with sections
549.30 to 549.34.
new text end
new text begin
(c) Compliance with the requirements in sections 549.30 to 549.34 regarding any transfer
of structured settlement payment rights is solely the responsibility of the transferee, and
neither the annuity issuer nor the structured settlement obligor bears any responsibility for,
or any liability arising from, the failure to comply with the requirements or failure to fulfill
the conditions of the transfer.
new text end
new text begin
(d) Neither the annuity issuer nor the structured settlement obligor is required to divide
any periodic payment between the payee and any transferee or assignee or between two or
more transferees or assignees.
new text end
Subd. 2.
Unenforceable confessions of judgment.
A provision in a transfer agreement
giving a transferee power to confess judgment against a payee is unenforceable deleted text begin to the extent
the amount of the judgment would exceed the amount paid by the transferee to the payee,
less any payments received from the structured settlement obligor or the payeedeleted text end .
Subd. 3.
Initial disclosure of structured settlement terms.
In negotiating a structured
settlement of claims brought by or on behalf of a claimant who is domiciled in this state,
the structured settlement obligor shall disclose in writing to the claimant or the claimant's
legal representative all of the following information that is not otherwise specified in the
structured settlement agreement:
(1) the amounts and due dates of the periodic payments to be made under the structured
settlement agreement. In the case of payments that will be subject to periodic percentage
increases, the amounts of future payments may be disclosed by identifying the base payment
amount, the amount and timing of scheduled increases, and the manner in which increases
will be compounded;
(2) the amount of the premium payable to the annuity issuer;
(3) the discounted present value of all periodic payments that are not life-contingent,
together with the discount rate used in determining the discounted present value;
(4) the nature and amount of any cost that may be deducted from any of the periodic
payments;
(5) where applicable, that any transfer of the periodic payments is prohibited by the
terms of the structured settlement and may otherwise be prohibited or restricted under
applicable law; and
(6) that any transfer of the periodic payments by the claimant may subject the claimant
to serious adverse tax consequences.
Sec. 68.
new text begin
[549.315] DISCOUNT RATE.
new text end
new text begin
The discount rate used in determining the net amount payable to the payee under the
transfer agreement may not exceed an annual percentage rate of prime plus five percentage
points calculated as if the net amount payable to the payee was the principal of a consumer
loan made by the transferee to the payee, and if the structured settlement payments to be
transferred to the transferee were the payee's payments of principal plus interest on such
loan. For purposes of this subdivision, the prime rate shall be as reported by the Federal
Reserve Statistical Release H.15 on the first Monday of the month in which the transfer
agreement is signed by both the payee and the transferee, except when the transfer agreement
is signed prior to the first Monday of that month then the prime rate shall be as reported by
the Federal Reserve Statistical Release H.15 on the first Monday of the preceding month.
new text end
Sec. 69.
Minnesota Statutes 2020, section 549.32, is amended to read:
549.32 deleted text begin JURISDICTIONdeleted text end new text begin APPLICATIONnew text end ; PROCEDURE FOR APPROVAL OF
TRANSFERS.
Subdivision 1.
Jurisdictionnew text begin ; venuenew text end .
deleted text begin The district court has nonexclusive jurisdiction
overdeleted text end new text begin (a)new text end An application for authorization under section 549.31 of a transfer of structured
settlement payment rightsnew text begin must be filed in the district court in the county in which the payee
residesnew text end .
new text begin
(b) The payee must appear in person at the hearing unless the court determines that good
cause exists to excuse the payee from appearing in person.
new text end
Subd. 2.
Notice.
Not less than 20 days before the scheduled hearing on an application
for authorization of a transfer of structured settlement payment rights under section 549.31,
the transferee shall file with the court or responsible administrative authority and serve on:
any other government authority that previously approved the structured settlement; and all
interested parties, a notice of the proposed transfer and the application for its authorization.
The notice must include:
(1) a copy of the transferee's application to the court or responsible administrative
authoritynew text begin , which must contain the payee's name and agenew text end ;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement required under section 549.31, subdivision 1,
paragraph (b)new text begin , and proof that the disclosure statement has been delivered to the payee, to
an attorney representing or advising the payee, and to any other professional known to be
advising the payeenew text end ;
(4) notification that an interested party is entitled to support, oppose, or otherwise respond
to the transferee's application, either in person or by counsel, by submitting written comments
to the court or responsible administrative authority or by participating in the hearing;
(5) notification of the time and place of the hearing and notification of the manner in
which and the time by which written responses to the application must be filed, in order to
be considered by the court or responsible administrative authority. Written responses to the
application must be filed within 15 days after service of the transferee's notice; and
(6) notification of the date and deleted text begin judicial districtdeleted text end new text begin court, and detailsnew text end of any prior application
for transfer filed by the transfereenew text begin , an affiliate or assignee of the transferee, or any other
transfereenew text end relating to a prior proposed transfer with the payee, including whether the prior
application was granted or denied. If any prior application was granted, the notice shall
provide the amount and due dates of any structured settlement payments that were transferred,
the aggregate amount of the payments, the discounted present value of the payments, and
the gross amount that was payable to the payee in exchange for the payments.
Sec. 70.
new text begin
[549.325] PROHIBITED PRACTICES.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibitions. new text end
new text begin
No transferee shall:
new text end
new text begin
(1) represent the payee;
new text end
new text begin
(2) intervene in a pending structured settlement transfer proceeding, if the transferee is
not a party to such proceeding or an interested party relative to the proposed transfer that
is the subject of the pending structured settlement transfer proceeding;
new text end
new text begin
(3) offer or provide any gift, loan, extension of credit, or advance as an inducement to
enter into a transfer agreement or pay a fee to any person to refer a potential payee to the
transferee or any affiliate of the transferee;
new text end
new text begin
(4) communicate with a payee or a person associated with the payee with excessive
frequency, at unusual hours, or in any other manner as reasonably may be expected to abuse
or harass the payee in connection with a proposed transfer;
new text end
new text begin
(5) solicit a prospective payee through the conveyance of a document in any way
resembling a check or other form of payment;
new text end
new text begin
(6) provide in a transfer agreement or related document that gives to the transferee the
first choice or option to purchase any remaining structured settlement rights belonging to
the payee; or
new text end
new text begin
(7) solicit or petition for a transfer of a structured settlement from a minor or a parent
or guardian of a minor.
new text end
new text begin Subd. 2. new text end
new text begin Enforcement. new text end
new text begin
A violation of this section is a deceptive practice in violation of
section 325F.69.
new text end
Sec. 71.
Minnesota Statutes 2020, section 549.34, is amended to read:
549.34 CONSTRUCTION.
new text begin (a) new text end Nothing contained in sections 549.30 to 549.34 may be construed to authorize the
transfer of workers' compensation payment rights in contravention of applicable law or to
give effect to the transfer of workers' compensation payment rights that is invalid under
applicable law.
new text begin
(b) No transfer of structured settlement payment rights shall extend to any payments
that are life contingent unless, prior to the date on which the payee signs the transfer
agreement, the transferee has established and has agreed to maintain procedures reasonably
satisfactory to the annuity issuer and the structured settlement obligor for:
new text end
new text begin
(1) periodically confirming the payee's survival; and
new text end
new text begin
(2) giving the annuity issuer and the structured settlement obligor prompt written notice
in the event of the payee's death.
new text end
Sec. 72. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall change the term "self-study course" to "on-demand
course" wherever it appears in Minnesota Statutes, chapter 45. The revisor shall also make
grammatical changes related to the change in term.
new text end
new text begin
(b) The revisor of statutes shall change the term "classroom course" to "live course"
wherever it appears in Minnesota Statutes, chapter 45. The revisor shall also make
grammatical changes related to the change in term.
new text end
Sec. 73. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, section 45.25, subdivisions 2a and 14,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2020, section 60A.033, subdivision 3,
new text end
new text begin
is repealed.
new text end
ARTICLE 28
INSURANCE
Section 1.
Minnesota Statutes 2020, section 61A.02, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Regulatory flexibility. new text end
new text begin
(a) Notwithstanding any other requirement of this
section, the commissioner may authorize long-term care insurance to be sold as part of or
in conjunction with life insurance, if the proposed policy:
new text end
new text begin
(1) is not permitted under current law;
new text end
new text begin
(2) represents an innovative and reasonable approach to provide both life insurance and
long-term care insurance;
new text end
new text begin
(3) provides reasonable coverage; and
new text end
new text begin
(4) is in the best interest of insureds.
new text end
new text begin
(b) The insurer filing for authorization under this section must demonstrate that the
proposed policy satisfies the requirements of paragraph (a).
new text end
Sec. 2.
Minnesota Statutes 2021 Supplement, section 62J.26, subdivision 2, is amended
to read:
Subd. 2.
Evaluation process and content.
(a) The commissioner, in consultation with
the commissioners of health and management and budget, must evaluate all mandated health
benefit proposals as provided under subdivision 3.
(b) The purpose of the evaluation is to provide the legislature with a complete and timely
analysis of all ramifications of any mandated health benefit proposal. The evaluation must
include, in addition to other relevant information, the following to the extent applicable:
(1) scientific and medical information on the mandated health benefit proposal, on the
potential for harm or benefit to the patient, and on the comparative benefit or harm from
alternative forms of treatment, and must include the results of at least one professionally
accepted and controlled trial comparing the medical consequences of the proposed therapy,
alternative therapy, and no therapy;
(2) public health, economic, and fiscal impacts of the mandated health benefit proposal
on persons receiving health services in Minnesota, on the relative cost-effectiveness of the
proposal, and on the health care system in general;
(3) the extent to which the treatment, service, equipment, or drug is generally utilized
by a significant portion of the population;
(4) the extent to which insurance coverage for the mandated health benefit proposal is
already generally available;
(5) the extent to which the mandated health benefit proposal, by health plan category,
would apply to the benefits offered to the health plan's enrollees;
(6) the extent to which the mandated health benefit proposal will increase or decrease
the cost of the treatment, service, equipment, or drug;
(7) the extent to which the mandated health benefit proposal may increase enrollee
premiums; and
(8) if the proposal applies to a qualified health plan as defined in section 62A.011,
subdivision 7, the cost to the state to defray the cost of the mandated health benefit proposal
using commercial market reimbursement rates in accordance with Code of Federal
Regulations, title 45, section 155.70.
(c) The commissioner shall consider actuarial analysis done by health plan companies
and any other proponent or opponent of the mandated health benefit proposal in determining
the cost of the proposal.
(d) The commissioner must summarize the nature and quality of available information
on these issues, and, if possible, must provide preliminary information to the public. The
commissioner may conduct research on these issues or may determine that existing research
is sufficient to meet the informational needs of the legislature. The commissioner may seek
the assistance and advice of researchers, community leaders, or other persons or organizations
with relevant expertise.
new text begin
(e) The commissioner shall not make public any information submitted under this section
if that information is trade secret information under section 13.37, subdivision 1, paragraph
(b). Trade secret information submitted by a health plan company or other proponent or
opponent of the mandated health benefit proposal must be clearly and specifically identified
as trade secret information. If the commissioner disagrees with the classification of the
information as trade secret, the commissioner must notify in writing the health plan company
or other proponent or opponent of the mandated health benefit proposal that the information
will be made public at least 30 days prior to the information being made public.
new text end
new text begin
(f) When requesting information from a health plan company or other proponent or
opponent of the mandated health benefit proposal pursuant to this section, the commissioner
must provide at least 60 days' notice.
new text end
Sec. 3.
Minnesota Statutes 2020, section 62Q.733, subdivision 1, is amended to read:
Sec. 4.
Minnesota Statutes 2020, section 62Q.735, subdivision 1, is amended to read:
Subdivision 1.
Contract disclosure.
(a) Before requiring a health care provider to sign
a contract, a health plan company shall give to the provider a complete copy of the proposed
contract, including:
(1) all attachments and exhibits;
(2) operating manuals;
(3) a general description of the health plan company's health service coding guidelines
and requirement for procedures and diagnoses with modifiers, and multiple procedures; and
(4) all guidelines and treatment parameters incorporated or referenced in the contract.
(b) The health plan company shall make available to the provider the fee schedule or a
method or process that allows the provider to determine the fee schedule for each health
care service to be provided under the contract.
(c) deleted text begin Notwithstanding paragraph (b), a health plan company that is a dental plan
organization, as defined in section 62Q.76, shall disclose information related to the individual
contracted provider's expected reimbursement from the dental plan organization.deleted text end Nothing
in this section requires a dental plan organization to disclose the plan's aggregate maximum
allowable fee table used to determine other providers' fees. The contracted provider must
not release this information in any way that would violate any state or federal antitrust law.
Sec. 5.
Minnesota Statutes 2020, section 62Q.735, subdivision 5, is amended to read:
Subd. 5.
Fee schedules.
deleted text begin (a)deleted text end A health plan company shall provide, upon request, any
additional fees or fee schedules relevant to the particular provider's practice beyond those
provided with the renewal documents for the next contract year to all participating providers,
excluding claims paid under the pharmacy benefit. Health plan companies may fulfill the
requirements of this section by making the full fee schedules available through a secure
web portal for contracted providers.
deleted text begin
(b) A dental organization may satisfy paragraph (a) by complying with section 62Q.735,
subdivision 1, paragraph (c).
deleted text end
Sec. 6.
new text begin
[62Q.7391] HEALTH CARE PROVIDER CONTRACT TERMINATION.
new text end
new text begin Subdivision 1. new text end
new text begin Termination for cause. new text end
new text begin
(a) A contract between a health care provider
and a health plan company may be terminated by the health plan company for cause only
if the contract includes an appeal process for the provider to appeal the termination. The
health plan company must provide the provider with written notice of termination that
includes:
new text end
new text begin
(1) the reasons for the termination;
new text end
new text begin
(2) the date upon which the termination is effective; and
new text end
new text begin
(3) a statement that the provider has the right to appeal the termination decision and a
description of the appeal process available to the provider to request an appeal.
new text end
new text begin
(b) The process must permit the provider with the opportunity to request an appeal and
present any relevant documents and arguments against termination. The process must also
include (1) an internal review, and (2) an external review that occurs if the internal review
upholds the decision to terminate. The external review must be conducted by an independent
external review entity agreed to by the provider. The decision of the external review entity
is final. If the external review entity determines that the reason for termination is not
supported the provider's contract with the health plan company must be reinstated.
new text end
new text begin
(c) A health plan company regulated by the commissioner of commerce must submit to
the commissioner of commerce for approval the appeal process required under this
subdivision. A health plan company regulated by the commissioner of health must submit
to the commissioner of health for approval the appeal process required under this subdivision.
If the health plan company fails to submit the process or the appeal process is not approved,
the commissioner of commerce or commissioner of health, as appropriate, may take
regulatory action against the health plan company.
new text end
new text begin Subd. 2. new text end
new text begin Termination not for cause. new text end
new text begin
A health plan company is prohibited from
terminating a contract with a health care provider without cause.
new text end
Sec. 7.
Minnesota Statutes 2020, section 62Q.76, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Third party. new text end
new text begin
"Third party" means a person or entity that enters into a contract
with a dental organization or with another third party to gain access to the dental care services
or contractual discounts under a dental provider contract. Third party does not include an
enrollee of a dental organization or an employer or other group for whom the dental
organization provides administrative services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, and applies to dental
plans and dental provider agreements offered, issued, or renewed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2020, section 62Q.78, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Network leasing. new text end
new text begin
(a) A dental organization may grant a third party access to
a dental provider contract, or a provider's dental care services or contractual discounts
provided pursuant to a dental provider contract, if at the time the dental provider contract
is entered into or renewed the dental organization allows a dentist to choose not to participate
in third-party access to the dental provider contract, without any penalty to the dentist. The
third-party access provision of the dental provider contract must be clearly identified. A
dental organization must not grant a third party access to the dental provider contract of any
dentist who does not participate in third-party access to the dental provider contract.
new text end
new text begin
(b) Notwithstanding paragraph (a), if a dental organization exists solely for the purpose
of recruiting dentists for dental provider contracts that establish a network to be leased to
third parties, the dentist waives the right to choose whether to participate in third-party
access.
new text end
new text begin
(c) A dental organization may grant a third party access to a dental provider contract,
or a dentist's dental care services or contractual discounts under a dental provider contract,
if the following requirements are met:
new text end
new text begin
(1) the dental organization lists all third parties that may have access to the dental provider
contract on the dental organization's website, which must be updated at least once every 90
days;
new text end
new text begin
(2) the dental provider contract states that the dental organization may enter into an
agreement with a third party that would allow the third party to obtain the dental
organization's rights and responsibilities as if the third party were the dental organization,
and the dentist chose to participate in third-party access at the time the dental provider
contract was entered into; and
new text end
new text begin
(3) the third party accessing the dental provider contract agrees to comply with all
applicable terms of the dental provider contract.
new text end
new text begin
(d) A dentist is not bound by and is not required to perform dental care services under
a dental provider contract granted to a third party in violation of this section.
new text end
new text begin
(e) This subdivision does not apply when:
new text end
new text begin
(1) the dental provider contract is for dental services provided under a public health plan
program, including but not limited to medical assistance, MinnesotaCare, Medicaid, or
Medicare Advantage; or
new text end
new text begin
(2) access to a dental provider contract is granted to a dental organization, an entity
operating in accordance with the same brand licensee program as the dental organization
or other entity, or to an entity that is an affiliate of the dental organization, provided the
entity agrees to substantially similar terms and conditions of the originating dental provider
contract between the dental organization and the dentist or dental clinic. A list of the dental
organization's affiliates must be posted on the dental organization's website.
new text end
Sec. 9.
Minnesota Statutes 2020, section 62Q.79, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Method of payments. new text end
new text begin
A dental provider contract must include a method of
payment for dental care services in which no fees associated with the method of payment,
including credit card fees and fees related to payment in the form of digital or virtual
currency, are incurred by the dentist or dental clinic. Any fees that may be incurred from a
payment must be disclosed to a dentist prior to entering into or renewing a dental provider
contract. For purposes of this section, fees related to a provider's electronic claims processing
vendor, financial institution, or other vendor used by a provider to facilitate the submission
of claims are excluded.
new text end
Sec. 10.
Minnesota Statutes 2020, section 72A.20, is amended by adding a subdivision to
read:
new text begin Subd. 41. new text end
new text begin
Discrimination based on status as a living organ or bone marrow donor
prohibited.
new text end
new text begin
A life insurance, long-term care insurance, or disability insurance carrier is
prohibited from declining or limiting coverage of an insured or otherwise discriminating in
the premium rating, offering, issuance, cancellation, amount of coverage, or any other
condition based solely upon the status of an insured as a living organ or bone marrow donor
and without additional actuarial risks.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for insurance policies issued and renewed
on or after August 1, 2022.
new text end
Sec. 11.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Cash compensation. new text end
new text begin
"Cash compensation" means any discount, concession
fee, service fee, commission, sales charge, loan, override, or cash benefit received by an
insurance producer from an insurer, intermediary, or consumer in connection with
recommending or selling an annuity.
new text end
Sec. 12.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Consumer profile information. new text end
new text begin
"Consumer profile information" means
information that is reasonably appropriate to determine whether a recommendation addresses
the consumer's financial situation, insurance needs, and financial objectives, including at a
minimum the following:
new text end
new text begin
(1) age;
new text end
new text begin
(2) annual income and anticipated material changes in annual income;
new text end
new text begin
(3) financial situation and needs, including debts and other obligations, and anticipated
material changes in financial situation and needs;
new text end
new text begin
(4) financial experience;
new text end
new text begin
(5) insurance needs;
new text end
new text begin
(6) financial objectives;
new text end
new text begin
(7) intended use of the annuity;
new text end
new text begin
(8) financial time horizon;
new text end
new text begin
(9) existing assets or financial products, including investment, annuity, and insurance
holdings, and anticipated material changes in existing assets;
new text end
new text begin
(10) liquidity needs and anticipated material changes in liquidity needs;
new text end
new text begin
(11) liquid net worth and anticipated material changes in liquid net worth;
new text end
new text begin
(12) risk tolerance, including but not limited to willingness to accept nonguaranteed
elements in the annuity;
new text end
new text begin
(13) financial resources used to fund the annuity;
new text end
new text begin
(14) tax status; and
new text end
new text begin
(15) whether or not the consumer has a reverse mortgage.
new text end
Sec. 13.
Minnesota Statutes 2020, section 72A.2031, subdivision 8, is amended to read:
Subd. 8.
Insurance producer.
"Insurance producer" means a person required to be
licensed under the laws of this state to sell, solicit, or negotiate insurance, including annuities.new text begin
For purposes of sections 72A.203 to 72A.2036, insurance producer includes an insurer
where no insurance producer is involved.
new text end
Sec. 14.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Intermediary. new text end
new text begin
"Intermediary" means an entity contracted directly with an
insurer or with another entity contracted with an insurer to facilitate the sale of the insurer's
annuities by insurance producers.
new text end
Sec. 15.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 8b. new text end
new text begin Material conflict of interest. new text end
new text begin
"Material conflict of interest" means a financial
interest of the insurance producer in the sale of an annuity that a reasonable person would
expect to influence the impartiality of a recommendation. The payment of compensation,
including both cash and noncash compensation, does not in and of itself constitute a material
conflict of interest.
new text end
Sec. 16.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 8c. new text end
new text begin Noncash compensation. new text end
new text begin
"Noncash compensation" means any form of
compensation that is not cash compensation, including but not limited to health insurance,
office rent, office support, and retirement benefits.
new text end
Sec. 17.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 8d. new text end
new text begin Nonguaranteed elements. new text end
new text begin
"Nonguaranteed elements" means the premiums
and credited interest rates, including any bonus, benefits, values, dividends, noninterest-based
credits, charges, or elements of formulas used to determine any of the elements in this
subdivision, that are subject to company discretion and are not guaranteed at issue. An
element is considered nonguaranteed if any of the underlying nonguaranteed elements are
used in the element's calculation.
new text end
Sec. 18.
Minnesota Statutes 2020, section 72A.2031, is amended by adding a subdivision
to read:
new text begin Subd. 8e. new text end
new text begin Recommendation. new text end
new text begin
"Recommendation" means advice provided by an insurance
producer to an individual consumer that was intended to result or does result in a purchase,
exchange, or replacement of an annuity in accordance with the advice rendered.
Recommendation does not include a general communication to the public, generalized
customer services, assistance or administrative support, general educational information
and tools, prospectuses, or other product and sales material.
new text end
Sec. 19.
Minnesota Statutes 2020, section 72A.2031, subdivision 10, is amended to read:
Subd. 10.
Replacement.
"Replacement" means a transaction in which a new deleted text begin policy or
contractdeleted text end new text begin annuitynew text end is to be purchaseddeleted text begin ,deleted text end and it is known or should be known to the proposing
new text begin insurance new text end producerdeleted text begin ,deleted text end or the proposing insurer, whether or not deleted text begin there isdeleted text end an insurance producernew text begin
is involvednew text end , that by reason of the transactiondeleted text begin ,deleted text end an existing new text begin annuity or other insurance new text end policy
deleted text begin or contractdeleted text end has been or is to be any of the following:
(1) lapsed, forfeited, surrendered or partially surrendered, assigned to the replacing
insurer, or otherwise terminated;
(2) converted to reduced paid-up insurance, continued as extended term insurance, or
otherwise reduced in value by the use of nonforfeiture benefits or other policy values;
(3) amended so as to effect either a reduction in benefits or in the term for which coverage
would otherwise remain in force or for which benefits would be paid;
(4) reissued with any reduction in cash value; or
(5) used in a financed purchase.
Sec. 20.
Minnesota Statutes 2020, section 72A.2032, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Best interest obligations. new text end
new text begin
An insurance producer, when recommending an
annuity, shall act in the best interest of the consumer under the circumstances known at the
time the recommendation is made. An insurance producer shall not place the insurance
producer's or the insurer's financial interest ahead of the consumer's interest. An insurance
producer has acted in the best interest of the consumer if the insurance producer has satisfied
obligations regarding care, disclosure, conflict of interest, and documentation specified in
subdivisions 1b, 1c, 1d, and 1e.
new text end
Sec. 21.
Minnesota Statutes 2020, section 72A.2032, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Care obligation. new text end
new text begin
(a) The insurance producer, in making a recommendation,
shall exercise reasonable diligence, care, and skill to:
new text end
new text begin
(1) know the consumer's financial situation, insurance needs, and financial objectives;
new text end
new text begin
(2) understand the available recommendation options after making a reasonable inquiry
into the options available to the insurance producer;
new text end
new text begin
(3) have a reasonable basis to believe the recommended option effectively addresses the
consumer's financial situation, insurance needs, and financial objectives over the life of the
product, as evaluated in light of the consumer profile information; and
new text end
new text begin
(4) communicate the basis or rationale supporting the recommendation.
new text end
new text begin
(b) The requirements under paragraph (a) include making reasonable efforts to obtain
consumer profile information from the consumer prior to recommending an annuity.
new text end
new text begin
(c) Paragraph (a) requires an insurance producer to consider the types of products the
insurance producer is authorized and licensed to recommend or sell that address the
consumer's financial situation, insurance needs, and financial objectives. This paragraph
does not require an insurance producer to analyze or consider (1) any products outside the
insurance producer's authority and license, or (2) other possible alternative products or
strategies available in the market at the time of the recommendation. Insurance producers
shall be held to standards applicable to insurance producers with similar authority and
licensure.
new text end
new text begin
(d) This subdivision does not create a fiduciary obligation or relationship and only creates
a statutory obligation under sections 72A.203 to 72A.2036.
new text end
new text begin
(e) The consumer profile information; characteristics of the insurer; and product costs,
rates, benefits, and features are the factors generally relevant in determining whether an
annuity effectively addresses the consumer's financial situation, insurance needs, and financial
objectives. The level of importance of each factor under paragraph (a) may vary depending
on the facts and circumstances of a particular case. Each factor must not be considered in
isolation.
new text end
new text begin
(f) The requirements under paragraph (a) include having a reasonable basis to believe
the consumer benefits from certain features of the annuity, including but not limited to
annuitization, death or living benefit, or other insurance-related features.
new text end
new text begin
(g) Paragraph (a) applies to the particular annuity as a whole and the underlying
subaccounts to which funds are allocated at the time of the purchase or exchange of an
annuity, riders, and similar product enhancements, if any.
new text end
new text begin
(h) Paragraph (a) does not require that the annuity with the lowest onetime or
multiple-occurrence compensation structure must be recommended.
new text end
new text begin
(i) Paragraph (a) does not require the insurance producer to assume ongoing monitoring
obligations. An ongoing monitoring obligation may be separately owed under the terms of
a fiduciary, consulting, investment advising, or financial planning agreement between the
consumer and the insurance producer.
new text end
new text begin
(j) When an annuity is being exchanged or replaced, the insurance producer shall consider
the whole transaction, which includes considering whether:
new text end
new text begin
(1) the consumer incurs a surrender charge; is subject to the commencement of a new
surrender period; loses existing benefits such as death, living, or other contractual benefits;
or is subject to increased fees, investment advisory fees, or charges for riders and similar
product enhancements;
new text end
new text begin
(2) the replacing product substantially benefits the consumer in comparison to the replaced
product over the life of the product; and
new text end
new text begin
(3) the consumer had another annuity exchange or replacement and, in particular, an
annuity exchange or replacement within the preceding 60 months.
new text end
new text begin
(k) If a person is 65 years of age or older, neither an insurance producer nor an insurer
shall recommend replacing or exchanging an annuity that requires the insured to pay a
surrender charge for the annuity being replaced or exchanged if the replacement or exchange
does not confer a substantial financial benefit over the life of the annuity to the consumer,
so that a reasonable person would believe the purchase is unnecessary.
new text end
new text begin
(l) Nothing in sections 72A.203 to 72A.2036 requires an insurance producer to obtain
any license other than an insurance producer license with the appropriate line of authority
to sell, solicit, or negotiate insurance in Minnesota, including but not limited to any securities
license in order to fulfill the duties and obligations contained in sections 72A.203 to
72A.2036, provided that the insurance producer does not give advice or provide services
that are subject to other securities law or engage in any other activity requiring other
professional licenses.
new text end
Sec. 22.
Minnesota Statutes 2020, section 72A.2032, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Disclosure obligation. new text end
new text begin
(a) Prior to recommending and selling an annuity, the
insurance producer shall prominently disclose to the consumer the information required
under this paragraph on a form prescribed by the commissioner. The form prescribed by
the commissioner must contain:
new text end
new text begin
(1) a description of (i) the scope and terms of the relationship with the consumer, and
(ii) the role of the insurance producer in the transaction;
new text end
new text begin
(2) an affirmative statement indicating whether the insurance producer is licensed and
authorized to sell the following products:
new text end
new text begin
(i) fixed annuities;
new text end
new text begin
(ii) fixed indexed annuities;
new text end
new text begin
(iii) variable annuities;
new text end
new text begin
(iv) life insurance;
new text end
new text begin
(v) mutual funds;
new text end
new text begin
(vi) stocks and bonds; and
new text end
new text begin
(vii) certificates of deposit;
new text end
new text begin
(3) an affirmative statement describing the insurers that the insurance producer is
authorized, contracted, appointed, or otherwise able to sell insurance products for, using
the following descriptions:
new text end
new text begin
(i) from one insurer;
new text end
new text begin
(ii) from two or more insurers; or
new text end
new text begin
(iii) from two or more insurers, although primarily contracted with one insurer;
new text end
new text begin
(4) a description of the sources and types of cash and noncash compensation received
by the insurance producer, including whether the insurance producer is (i) compensated for
the sale of a recommended annuity by commission as part of a premium, or (ii) receives
other remuneration from the insurer, intermediary, or other insurance producer or by fee as
a result of a contract for advice or consulting service; and
new text end
new text begin
(5) a notice of the consumer's right to request additional information regarding cash
compensation.
new text end
new text begin
(b) Upon request of the consumer or the consumer's designated representative, the
insurance producer shall disclose:
new text end
new text begin
(1) a reasonable estimate of the amount of cash compensation received by the insurance
producer, which may be stated as a range of amounts or percentages; and
new text end
new text begin
(2) whether the cash compensation is a onetime or multiple-occurrence amount and, if
a multiple-occurrence amount, the frequency and amount of the occurrence, which may be
stated as a range of amounts or percentages.
new text end
new text begin
(c) Prior to or at the time an annuity is recommended or sold, the insurance producer
shall have a reasonable basis to believe the consumer has been reasonably informed of
various features of the annuity, including the potential surrender period and surrender charge;
potential tax penalty if the consumer sells, exchanges, surrenders, redeems, or annuitizes
the annuity; mortality and expense fees; investment advisory fees; annual fees; potential
charges for and features of riders or other options of the annuity; limitations on interest
returns; potential changes in nonguaranteed elements of the annuity; insurance and investment
components; and market risk.
new text end
Sec. 23.
Minnesota Statutes 2020, section 72A.2032, is amended by adding a subdivision
to read:
new text begin Subd. 1d. new text end
new text begin Conflict of interest obligation. new text end
new text begin
An insurance producer shall identify and
avoid or reasonably manage and disclose material conflicts of interest, including a material
conflict of interest related to an ownership interest.
new text end
Sec. 24.
Minnesota Statutes 2020, section 72A.2032, is amended by adding a subdivision
to read:
new text begin Subd. 1e. new text end
new text begin Documentation obligation. new text end
new text begin
An insurance producer shall, at the time of
recommendation or sale:
new text end
new text begin
(1) make a written record of any recommendation and the basis for the recommendation,
subject to sections 72A.203 to 72A.2036;
new text end
new text begin
(2) obtain a signed statement, on a form prescribed by the commissioner, that includes:
new text end
new text begin
(i) a customer's refusal to provide the consumer profile information, if any; and
new text end
new text begin
(ii) a customer's understanding of the ramifications of not providing the customer's
consumer profile information or providing insufficient consumer profile information; and
new text end
new text begin
(3) a consumer-signed statement, on a form prescribed by the commissioner, that
acknowledges the annuity transaction is not recommended if the customer decides to enter
into an annuity transaction that is not based on the insurance producer's recommendation.
new text end
Sec. 25.
Minnesota Statutes 2020, section 72A.2032, is amended by adding a subdivision
to read:
new text begin Subd. 1f. new text end
new text begin Application of best interest obligation. new text end
new text begin
Any requirement applicable to an
insurance producer under this section applies to every insurance producer who (1) exercises
control or influence in making a recommendation, and (2) has received direct compensation
as a result of the recommendation or sale, regardless of whether the insurance producer had
any direct contact with the consumer. Providing or delivering marketing or educational
materials, product wholesaling or other back office product support, and general supervision
of an insurance producer do not, in and of themselves, constitute material control or influence.
new text end
Sec. 26.
Minnesota Statutes 2020, section 72A.2032, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Exceptiondeleted text end new text begin Transactions not based on recommendationnew text end .
(a) Except as provided
under paragraph (b), an insurance producerdeleted text begin ,deleted text end or an insurerdeleted text begin ,deleted text end does not have any obligation to
a consumer under subdivision deleted text begin 1 or 3deleted text end new text begin 1anew text end related to an annuity transaction if:
new text begin
(1) no recommendation is made;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end a recommendation was made and was later found to have been prepared based
on materially inaccurate information provided by the consumer; deleted text begin or
deleted text end
deleted text begin (2)deleted text end new text begin (3)new text end a consumer refuses to provide relevant deleted text begin suitabilitydeleted text end new text begin consumer profilenew text end information
and the annuity transaction is not recommendeddeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) a consumer decides to enter into an annuity transaction that is not based on a
recommendation made by the insurance producer.
new text end
(b) An insurer's issuance of an annuity subject to paragraph (a) shall be reasonable under
all the circumstances actually knowndeleted text begin , or which after reasonable inquiry should be knowndeleted text end
to the insurer or the insurance producerdeleted text begin ,deleted text end at the time the annuity is issued.
Sec. 27.
Minnesota Statutes 2020, section 72A.2032, subdivision 6, is amended to read:
Subd. 6.
deleted text begin Supervision systemdeleted text end new text begin Insurer dutiesnew text end .
new text begin
(a) Except as permitted under subdivision
4, an insurer shall not issue an annuity recommended to a consumer unless there is a
reasonable basis to believe the annuity effectively addresses the particular consumer's
financial situation, insurance needs, and financial objectives based on the consumer's
consumer profile information.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end An insurer shall establish new text begin and maintain new text end a supervision system that is reasonably
designed to achieve the insurer's and its insurance producers' compliance with sections
72A.203 to 72A.2036, including, but not limited to, all of the following:
(1) the insurer shallnew text begin establish andnew text end maintain reasonable procedures to inform its insurance
producers of the requirements of sections 72A.203 to 72A.2036 and shall incorporate the
requirements of sections 72A.203 to 72A.2036 into relevant insurance producer training
programs and manuals;
(2) the insurer shall establish new text begin and maintain new text end standards for insurance producer product
training and shallnew text begin establish andnew text end maintain reasonable procedures to require its insurance
producers to comply with the requirements of section 72A.2033;
(3) the insurer shall provide product-specific training and training materials which explain
all material features of its annuity products to its insurance producers;
(4) the insurer shallnew text begin establish andnew text end maintain procedures for new text begin the new text end review of each
recommendation before issuance of an annuity that are designed to ensure deleted text begin thatdeleted text end there is a
reasonable basis to determine deleted text begin that a recommendation is suitabledeleted text end new text begin the recommended annuity
effectively addresses the particular consumer's financial situation, insurance needs, and
financial objectivesnew text end . The review procedures shall apply a screening system for the purpose
of identifying selected transactions for additional review and may be accomplished
electronically or through other reasonable means including, but not limited to, physical
review. The electronic or other system shall be designed to require an elevated individual
review for those transactions involving consumers 65 years of age or older on the basis of
the review procedure's thresholds for liquidity, liquid net worth, income, and anticipated
material changes in their financial situation and needs and the elevated review shall be
conducted by a natural person or persons;
(5) the insurer shallnew text begin establish andnew text end maintain reasonable procedures to detect
recommendations that are not deleted text begin suitabledeleted text end new text begin in compliance with subdivisions 1a to 1f, 4, 7, and
8new text end . This may includedeleted text begin ,deleted text end but is not limited todeleted text begin ,deleted text end confirmation of deleted text begin consumer suitabilitydeleted text end new text begin the consumer's
profilenew text end information, systematic customer surveys, new text begin insurance producer and consumer
new text end interviews, confirmation letters, new text begin insurance producer attestations, new text end and programs of internal
monitoring. Nothing in this clause prevents an insurer from complying with this clause by
applying sampling procedures, or by confirming deleted text begin suitabilitydeleted text end new text begin consumer profilenew text end information
new text begin or other required information under this subdivision new text end after issuance or delivery of the annuity;
deleted text begin and
deleted text end
new text begin
(6) the insurer shall establish and maintain reasonable procedures to assess, prior to or
upon issuance or delivery of an annuity, whether an insurance producer has provided to the
consumer the information required under this subdivision;
new text end
new text begin
(7) the insurer shall establish and maintain reasonable procedures to identify and address
suspicious consumer refusals to provide consumer profile information;
new text end
new text begin
(8) the insurer shall establish and maintain reasonable procedures to identify and eliminate
any sales contests, sales quotas, bonuses, and noncash compensation that are based on the
sales of specific annuities within a limited period of time. This clause does not prohibit the
receipt of health insurance, office rent, office support, retirement benefits, or other employee
benefits, as long as the benefits are not based on the volume of sales of a specific annuity
within a limited period of time; and
new text end
deleted text begin (6)deleted text end new text begin (9) new text end the insurer shall annually provide a new text begin written new text end report to senior management, including
to the senior manager responsible for audit functions, which details a review, with appropriate
testing, reasonably designed to determine the effectiveness of the supervision system, the
exceptions found, and corrective action taken or recommended, if any.
deleted text begin (b)(1)deleted text end new text begin (c)(1)new text end Nothing in this subdivision restricts an insurer from contracting for
performance of a function, including maintenance of procedures, required under paragraph
deleted text begin (a)deleted text end new text begin (b)new text end . An insurer is responsible for taking appropriate corrective action and may be subject
to sanctions and penalties pursuant to section 72A.2034 regardless of whether the insurer
contracts for performance of a function and regardless of the insurer's compliance with
deleted text begin subdivision 2deleted text end new text begin clause (2)new text end , and an insurer is responsible for the compliance of an insurance
producer with the provisions of sections 72A.203 to 72A.2036 regardless of whether the
insurer contracts for performance of a function required under this paragraph; and
(2) an insurer's supervision system under paragraph deleted text begin (a)deleted text end new text begin (b)new text end must include supervision of
contractual performance under this clause. This includes, but is not limited to, the following:
(i) monitoring and, as appropriate, conducting audits to assure that the contracted function
is properly performed; and
(ii) annually obtaining a certification from a senior manager who has responsibility for
the contracted function that the manager has a reasonable basis to represent, and does
represent, that the function is properly performed.
deleted text begin (c)deleted text end new text begin (d)new text end An insurer is not required to include in its system of supervision an insurance
producer's recommendations to consumers of products other than the annuities offered by
the insurernew text begin , or consideration of or comparison to options available to the insurance producer
or compensation relating to the options other than annuities or other products offered by
the insurernew text end .
Sec. 28.
Minnesota Statutes 2020, section 72A.2032, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Undue influencedeleted text end new text begin Prohibited practicesnew text end .
An insurance producer or insurer shall
not dissuade, or attempt to dissuade, a consumer from:
(1) providing deleted text begin suitabilitydeleted text end new text begin consumer profilenew text end information to the insurance producer or
insurer and truthfully responding to an insurer's request for confirmation of deleted text begin suitabilitydeleted text end new text begin
consumer profilenew text end information;
(2) filing a complaint; or
(3) cooperating with the investigation of a complaint.
Sec. 29.
Minnesota Statutes 2020, section 72A.2032, subdivision 8, is amended to read:
Subd. 8.
deleted text begin FINRAdeleted text end new text begin Comparable standards;new text end compliance.
(a) new text begin Recommendations and new text end sales
of annuities made deleted text begin by broker-dealersdeleted text end new text begin in compliance with comparable standardsnew text end satisfy the
requirements under sections 72A.203 to 72A.2036deleted text begin , so long as:deleted text end new text begin . This subdivision applies to
recommendations and sales of annuities made by financial professionals in compliance with
business rules, controls, and procedures that satisfy a comparable standard even if the
standard would not otherwise apply to the product or recommendation at issue. Nothing in
this subdivision limits the commissioner's ability to investigate and enforce sections 72A.203
to 72A.2036.
new text end
deleted text begin
(1) those sales comply with FINRA requirements pertaining to suitability and supervision
of annuity transactions; and
deleted text end
deleted text begin
(2) a registered principal reviews and approves the transaction based on review criteria
that include consideration of the customer's age, income, liquidity needs, and financial
situation.
deleted text end
deleted text begin
(b) The insurer remains responsible for the suitability of every transaction and must take
reasonably appropriate corrective action for any consumer harmed by violation of law and
is subject to the penalty provisions described in section 72A.2034, subdivision 1.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end For paragraph (a) to apply, an insurer shall:
(1) monitor the deleted text begin FINRA member broker-dealerdeleted text end new text begin relevant conduct of the financial
professional seeking to rely on paragraph (a) or the entity responsible for supervising the
financial professional, including the financial professional's broker-dealer or an investment
adviser registered under federal or state securities lawnew text end using information collected in the
normal course of the insurer's business; and
(2) provide to the deleted text begin FINRA member broker-dealerdeleted text end new text begin entity responsible for supervising the
financial professional seeking to rely on paragraph (a), including the financial professional's
broker-dealer or investment adviser registered under federal or state securities law,new text end
information and reports that are reasonably appropriate to assist deleted text begin the FINRA member
broker-dealerdeleted text end new text begin the entitynew text end to maintain its supervision system.
deleted text begin
(d) Nothing in this subdivision limits:
deleted text end
new text begin
(c) For purposes of this subdivision, "financial
professional" means an insurance producer that is regulated and acting as:
new text end
(1) deleted text begin the responsibilities of the insurer to monitor the broker-dealer as provided in this
subdivision; anddeleted text end new text begin a broker-dealer registered under federal or state securities law or a registered
representative of a broker-dealer;
new text end
(2) deleted text begin the commissioner of commerce's ability to enforce the provisions of sections 72A.203
to 72A.2036 with respect to sales made in compliance with FINRA requirements and federal
law.deleted text end new text begin an investment adviser registered under federal or state securities law, or an investment
adviser representative associated with the federal or state registered investment adviser; or
new text end
new text begin
(3) a plan fiduciary under the Employee Retirement Income Security Act of 1974
(ERISA), United States Code, title 29, section 1001; Code of Federal Regulations, title 29,
part 2510.3-21; fiduciary under the Internal Revenue Code, section 4975(e)(3); or any
amendments or successor statutes.
new text end
new text begin
(d) For purposes of this subdivision, "comparable standards" means:
new text end
new text begin
(1) with respect to broker-dealers and registered representatives of broker-dealers,
applicable United States Securities and Exchange Commission and FINRA rules pertaining
to best interest obligations and supervision of annuity recommendations and sales, including
but not limited to regulation best interest and any amendments or successor regulations;
new text end
new text begin
(2) with respect to investment advisers registered under federal or state securities law
or investment adviser representatives, the fiduciary duties and all other requirements imposed
on the investment advisers or investment adviser representatives by contract or under the
Investment Advisers Act of 1940 or applicable state securities law, including but not limited
to Form ADV and interpretations; and
new text end
new text begin
(3) with respect to plan fiduciaries or fiduciaries, the duties, obligations, prohibitions,
and all other requirements attendant to status under ERISA or the Internal Revenue Code
and any amendments or successor statutes.
new text end
Sec. 30.
Minnesota Statutes 2020, section 72A.2033, is amended to read:
72A.2033 INSURANCE PRODUCER TRAINING.
Subdivision 1.
Requirement.
An insurance producer shall not solicit the sale of an
annuity product unless the insurance producer has adequate knowledge of the product to
recommend the annuity and the insurance producer is in compliance with the insurer's
standards for product training. An insurance producer may rely on insurer-provided
product-specific training standards and materials to comply with this deleted text begin subdivisiondeleted text end new text begin sectionnew text end .
Subd. 2.
Initial training.
(a) An insurance producer who is otherwise entitled to engage
in the sale of annuity products shall complete a onetime four-credit training course approved
by the commissioner and provided by a continuing education provider approved by the
commissioner prior to commencing the transaction of annuities.
Insurance producers who hold a life insurance line of authority on deleted text begin June 1, 2013deleted text end new text begin December
31, 2022new text end , and who desire to sell annuities shall complete the requirements of this subdivision
no later than six months after January 1, deleted text begin 2014deleted text end new text begin 2023new text end . Individuals who obtain a life insurance
line of authority on or after January 1, deleted text begin 2014deleted text end new text begin 2023new text end , may not engage in the sale of annuities
until the annuity training course required under this subdivision has been completed.
(b) The length of the training required under this subdivision must be four continuing
education hours.
(c) The training required under this subdivision must include information on the following
topics:
(1) the types of annuities and various classifications of annuities;
(2) identification of the parties to an annuity;
(3) how fixed, variable, and indexed annuity contract provisions affect consumers;
(4) the application of income taxation of qualified and nonqualified annuities;
(5) the primary uses of annuities;
(6) appropriate deleted text begin and lawfuldeleted text end new text begin standards of conduct,new text end sales practices, replacement, and
disclosure requirementsdeleted text begin , and suitability information and whether an annuity is suitable for
a consumerdeleted text end ; and
(7) the recognition of indicators that a prospective insured may lack the short-term
memory or judgment to knowingly purchase an insurance product.
(d) Providers of courses intended to comply with this subdivision shall cover all topics
listed in the prescribed outline and shall not present any marketing information or provide
training on sales techniques or provide specific information about a particular insurer's
products.
(e) A provider of an annuity training course intended to comply with this subdivision
must be an approved continuing education provider in this state and comply with the
requirements applicable to insurance producer continuing education courses.
new text begin
(f) An insurance producer licensed by December 31, 2022, who holds a life insurance
line of authority and has previously completed the training in subdivision 2, paragraph (a),
shall, by July 1, 2023, complete either:
new text end
new text begin
(1) a new four-credit training course approved by the Department of Commerce after
July 1, 2022; or
new text end
new text begin
(2) an additional onetime one-credit training course approved by the Department of
Commerce by July 1, 2022, and provided by a Department of Commerce-approved education
provider on appropriate sales practices and replacement and disclosure requirements under
sections 72A.203 to 72A.2036.
new text end
deleted text begin (f)deleted text end Annuity training courses may be conducted and completed by classroom or self-study
methods in accordance with chapter 45. In order to assist compliance with this section, all
courses approved by the commissioner for the purposes of this section shall be given the
course title "deleted text begin Annuity Suitability and Disclosuredeleted text end new text begin Best Interest Standards of Conduct for
Annuity Salesnew text end ." Only courses satisfying the requirements of this section shall use this course
title after deleted text begin Junedeleted text end new text begin July new text end 1, deleted text begin 2013deleted text end new text begin 2023new text end .
(g) Providers of annuity training shall comply with the course completion reporting
requirements of chapter 45.
(h) The satisfaction of the training requirements of another state that are substantially
similar to the provisions of this subdivision satisfies the training requirements of this
subdivision in this statedeleted text begin , but does not satisfy any of the continuing education requirements
of chapter 60K unless the training requirements of the other state are satisfied through one
or more continuing education courses approved by the commissionerdeleted text end .
new text begin
(i) The satisfaction of the components of the training requirements of any course or
courses with components substantially similar to the provisions of this subdivision satisfy
the training requirements of this subdivision.
new text end
deleted text begin (i)deleted text end new text begin (j) new text end An insurer shall verify that an insurance producer has completed the annuity
training course required under this subdivision before allowing thenew text begin insurancenew text end producer to
sell an annuity product for that insurer. An insurer may satisfy its responsibility under this
subdivision by obtaining certificates of completion of the training course or obtaining reports
provided by commissioner-sponsored database systems, vendors, or from a reasonably
reliable commercial database vendor that has a reporting arrangement with approved
insurance education providers. If such data collection and reporting arrangements are not
in place, an insurer must maintain records verifying that the producer has completed the
annuity training course required under this subdivision and make the records available to
the commissioner upon request.
Sec. 31.
Minnesota Statutes 2020, section 72A.2034, is amended to read:
72A.2034 PENALTIES.
Subdivision 1.
Impositionnew text begin ; mitigation; enforcementnew text end .
(a) An insurer is responsible for
compliance with sections 72A.203 to 72A.2036. If a violation occurs, either because of the
action or inaction of the insurer or its insurance producer, the commissioner may order, in
addition to any available penalties, remedies, or administrative actions:
(1) an insurer to take reasonably appropriate corrective action, including but not limited
to canceling a transaction deleted text begin actiondeleted text end new text begin ,new text end for any consumer harmed by new text begin a failure to comply with
sections 72A.203 to 72A.2036 by new text end thedeleted text begin insurer'sdeleted text end new text begin insurernew text end , new text begin an entity contracted to perform the
insurer supervisory duties, new text end or by deleted text begin itsdeleted text end new text begin the insurer'snew text end insurance deleted text begin producer's, violation of sections
72A.203 to 72A.2036deleted text end new text begin producernew text end ;
(2) a general agency, independent agency, or the insurance producer to take reasonably
appropriate corrective action for any consumer harmed by the insurance producer's violation
of sections 72A.203 to 72A.2036; and
(3) appropriate penalties and sanctions.
(b) Nothing in sections 72A.203 to 72A.2036 shall affect any obligation of an insurer
for the acts of its insurance producers, or any consumer remedy or any cause of action that
is otherwise provided for under applicable federal or state law, including without limitation
chapter 60K.
Subd. 2.
Aggravation or mitigation.
Any applicable penalty for a violation of sections
72A.203 to 72A.2036 may be increased or decreased upon consideration of any aggravating
or mitigating circumstancesnew text begin , including if corrective action for the consumer was taken
promptly after a violation was discovered, or if the violation was not part of a pattern or
practice. The authority to enforce compliance with sections 72A.203 to 72A.2036 is vested
exclusively with the commissionernew text end .
Sec. 32.
Minnesota Statutes 2020, section 72A.2035, subdivision 1, is amended to read:
Subdivision 1.
Duration.
Insurers and insurance producers shall maintain or be able to
make available to the commissioner records of the information collected from the consumernew text begin ;
disclosures made to the consumer, including summaries of oral disclosures;new text end and other
information used in making the recommendations that were the basis for insurance
transactions for ten years after the insurance transaction is completed by the insurer. An
insurer is permitted, but shall not be required, to maintain documentation on behalf of an
insurance producer.
Sec. 33.
Minnesota Statutes 2020, section 72A.2036, is amended to read:
72A.2036 RELATIONSHIP TO OTHER LAWS; ENFORCEMENT.
(a) Nothing in sections 72A.203 to 72A.2036 deleted text begin shall be interpreted to:deleted text end new text begin limits the
commissioner's authority to make any investigation or take any action under chapter 45 or
other applicable law with respect to any insurer, insurance producer, broker-dealer, third-party
contractor, or other entity engaged in any activity involving the sale of an annuity that is
subject to sections 72A.203 to 72A.2036.
new text end
deleted text begin
(1) change, alter, or modify any of the obligations, duties, or responsibilities of insurers
or insurance producers, pursuant to any orders of the commissioner or consent decrees in
effect as of June 1, 2013; or
deleted text end
deleted text begin
(2) limit the commissioner's authority to make any investigation or take any action under
chapter 45 or other applicable state law with respect to any insurer, insurance producer,
broker-dealer, third-party contractor, or other entity engaged in any activity involving the
sale of an annuity that is subject to sections 72A.203 to 72A.2036.
deleted text end
(b) In addition to any other penalties provided by the laws of this state, a violation of
sections 72A.203 to 72A.2036 shall be considered a violation of section 72A.20.
Sec. 34. new text begin STUDY AND REPORT ON DISPARITIES BETWEEN GEOGRAPHIC
RATING AREAS IN INDIVIDUAL AND SMALL GROUP MARKET HEALTH
INSURANCE RATES.
new text end
new text begin Subdivision 1. new text end
new text begin Study and recommendations. new text end
new text begin
(a) The commissioner of commerce must
(1) study disparities between Minnesota's nine geographic rating areas in individual and
small group market health insurance rates, and (2) recommend ways to reduce or eliminate
rate disparities between the geographic rating areas and provide stability for the individual
and small group health insurance markets in Minnesota.
new text end
new text begin
(b) As part of the study, the commissioner of commerce must:
new text end
new text begin
(1) identify the factors that cause higher individual and small group market health
insurance rates in certain geographic rating areas, and determine the extent to which each
identified factor contributes to the higher rates;
new text end
new text begin
(2) identify the impact of referral centers on individual and small group market health
insurance rates in southeastern Minnesota, and identify ways to reduce the rate disparity
between southeastern Minnesota and the metropolitan area, taking into consideration the
patterns of referral center usage by patients in those regions;
new text end
new text begin
(3) determine the extent to which individuals and small employers located in a geographic
rating area with higher health insurance rates than surrounding geographic rating areas have
obtained health insurance in a lower-cost geographic rating area, identify the strategies that
individuals and small employers use to obtain health insurance in a lower-cost geographic
rating area, and measure the effects of this practice on the rates of the individuals and small
employers remaining in the geographic rating area with higher health insurance rates; and
new text end
new text begin
(4) develop proposals to redraw the boundaries of Minnesota's geographic rating areas
and calculate the effect each proposal would have on rates in each of the proposed rating
areas. The commissioner of commerce must examine at least three options for redrawing
the boundaries of Minnesota's geographic rating areas, at least one of which must reduce
the number of geographic rating areas and at least one which must be based on the first
three digits of area zip codes. The commissioner must not take into consideration the
requirements of Minnesota Statutes, section 62A.65, subdivision 3, paragraph (b), clause
(2), when developing the proposals required by this section. All options for redrawing
Minnesota's geographic rating areas considered by the commissioner of commerce must be
designed:
new text end
new text begin
(i) to reduce or eliminate rate disparities between geographic rating areas and provide
for stability of the individual and small group health insurance markets in Minnesota;
new text end
new text begin
(ii) after considering the composition of existing provider networks and referral patterns
in regions of Minnesota; and
new text end
new text begin
(iii) in compliance with the requirements for geographic rating areas in Code of Federal
Regulations, title 45, section 147.102(b), and other applicable federal law and guidance.
new text end
new text begin
(c) Health carriers that cover Minnesota residents, health systems that provide care to
Minnesota residents, and the commissioner of health must cooperate with any request for
information from the commissioner of commerce that the commissioner of commerce
determines is necessary to conduct the study.
new text end
new text begin
(d) The commissioner of commerce may recommend one or more proposals to redraw
Minnesota's geographic rating areas if the commissioner of commerce determines that the
proposal would reduce or eliminate individual and small group market health insurance rate
disparities between the geographic rating areas and provide stability for the individual and
small group health insurance markets in Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Contract. new text end
new text begin
The commissioner of commerce may contract with another entity
for technical assistance in conducting the study and developing recommendations under
subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commissioner of commerce must complete the study and
recommendations by January 1, 2023, and submit a report on the study and recommendations
by January 1, 2023, to the chairs and ranking minority members of the legislative committees
with jurisdiction over health care and health insurance.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, section 62Q.56, subdivision 1a,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2020, sections 72A.2031, subdivisions 3, 9, and 11; and 72A.2032,
subdivisions 1, 2, 3, and 5,
new text end
new text begin
are repealed.
new text end
ARTICLE 29
CONSUMER PROTECTION
Section 1.
new text begin
[58B.011] STUDENT LOAN ADVOCATE.
new text end
new text begin Subdivision 1. new text end
new text begin Designation of a student loan advocate. new text end
new text begin
The commissioner of commerce
must designate a student loan advocate within the Department of Commerce to provide
timely assistance to borrowers and to effectuate this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The student loan advocate has the following duties:
new text end
new text begin
(1) receive, review, and attempt to resolve complaints from borrowers, including but
not limited to attempts to resolve borrower complaints in collaboration with institutions of
higher education, student loan servicers, and any other participants in student loan lending;
new text end
new text begin
(2) compile and analyze data on borrower complaints received under clause (1);
new text end
new text begin
(3) help borrowers understand the rights and responsibilities under the terms of student
loans;
new text end
new text begin
(4) provide information to the public, state agencies, legislators, and relevant stakeholders
regarding the problems and concerns of borrowers;
new text end
new text begin
(5) make recommendations to resolve the problems of borrowers;
new text end
new text begin
(6) analyze and monitor the development and implementation of federal, state, and local
laws, regulations, and policies relating to borrowers, and recommend any changes deemed
necessary;
new text end
new text begin
(7) review the complete student loan history for any borrower who has provided written
consent to conduct the review;
new text end
new text begin
(8) increase public awareness that the advocate is available to assist in resolving the
student loan servicing concerns of potential and actual borrowers, institutions of higher
education, student loan servicers, and any other participant in student loan lending; and
new text end
new text begin
(9) take other actions as necessary to fulfill the duties of the advocate, as provided under
this section.
new text end
new text begin Subd. 3. new text end
new text begin Student loan education course. new text end
new text begin
The advocate must establish and maintain a
borrower education course. The course must include educational presentations and materials
regarding important topics in student loans, including but not limited to:
new text end
new text begin
(1) the meaning of important terminology used in student lending;
new text end
new text begin
(2) documentation requirements;
new text end
new text begin
(3) monthly payment obligations;
new text end
new text begin
(4) income-based repayment options;
new text end
new text begin
(5) the availability of state and federal loan forgiveness programs; and
new text end
new text begin
(6) disclosure requirements.
new text end
new text begin Subd. 4. new text end
new text begin Reporting. new text end
new text begin
By January 15 of each odd-numbered year, the advocate must report
to the legislative committees with jurisdiction over commerce and higher education. The
report must describe (1) the advocate's implementation of this section, (2) the outcomes
achieved by the advocate during the previous two years, and (3) any recommendations to
improve the regulation of student loan servicers.
new text end
Sec. 2.
Minnesota Statutes 2020, section 65B.84, subdivision 1, is amended to read:
Subdivision 1.
Program described; commissioner's duties; appropriation.
(a) The
commissioner of commerce shall:
(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of public safety, pursuant
to subdivision 3 from the automobile theft prevention special revenue account for automobile
theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and
(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2.
(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
45.0135, subdivision 6.
new text begin
(d) The commissioner must establish a library of equipment to combat automobile-related
theft offenses. The equipment must be available to all law enforcement agencies upon
request to support law enforcement agency efforts to combat automobile theft.
new text end
Sec. 3.
Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Prohibition on possessing catalytic converters; exception. new text end
new text begin
(a) It is unlawful
for a person who is not a registered scrap metal dealer to possess a used catalytic converter
that is not attached to a motor vehicle except when:
new text end
new text begin
(1) the converter is marked with (i) the date the converter was removed from the vehicle,
and (ii) the identification number of the vehicle from which the converter was removed or
an alternative number to the vehicle identification number from the vehicle from which the
converter was removed; or
new text end
new text begin
(2) the converter has been EPA certified for reuse as a replacement part.
new text end
new text begin
(b) If an alternative number to the vehicle identification number is used, it must be under
a numbering system that can be immediately linked to the vehicle identification number by
law enforcement. The marking of the alternative number may be made in any permanent
manner, including but not limited to an engraving or use of permanent ink. The marking
must clearly and legibly indicate (1) the date the converter was removed; and (2) the (i)
vehicle identification number, or (ii) alternative number and the method by which law
enforcement can link the converter to the vehicle identification number.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Prohibition. new text end
new text begin
It is unlawful for a person who is not a registered scrap metal
dealer to purchase a used catalytic converter that is not EPA certified for reuse as a
replacement part, except when the catalytic converter is attached to a motor vehicle. A used
catalytic converter that is EPA certified for reuse as a replacement part may be sold to a
person or business for reuse as a replacement part for a motor vehicle when the requirements
of subdivision 11 are met.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
new text begin
[325F.6945] UNLAWFUL SOCIAL MEDIA ACTIVITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Account holder" means a person who accesses a social media account through a
social media platform.
new text end
new text begin
(c) "Social media algorithm" means the software used by social media platforms to (1)
prioritize content, and (2) direct the prioritized content to the account holder.
new text end
new text begin
(d) "Social media platform" means an electronic medium, including a browser-based or
application-based interactive computer service, telephone network, or data network, that
allows users to create, share, and view user-generated content. Social media platform does
not include Internet search providers, Internet service providers, or e-mail.
new text end
new text begin
(e) "User-generated content" means any content created or shared by an account holder,
including without limitation written posts, photographs, graphics, video recordings, or audio
recordings.
new text end
new text begin Subd. 2. new text end
new text begin Prohibitions; social media algorithm. new text end
new text begin
(a) A social media platform with more
than 1,000,000 account holders operating in Minnesota is prohibited from using a social
media algorithm to target user-generated content at an account holder under the age of 18
and who is located in Minnesota, except as provided in subdivision 3. Nothing in this section
prohibits a social media platform from allowing content to appear in a chronological manner
for an account holder under the age of 18.
new text end
new text begin
(b) The social media platform is liable to an individual account holder who received
user-generated content through a social media algorithm while the individual account holder
was under the age of 18 and was using the individual account holder's own account, if the
social media platform knew or had reason to know that the individual account holder was
under the age of 18 and located in Minnesota. A social media platform subject to this
paragraph is liable to the account holder for (1) any general or special damages, (2) a statutory
penalty of $1,000 for each violation of this section, provided that no individual account
holder may recover more than $100,000 in statutory penalties under this subdivision in any
calendar year, and (3) any other penalties available under law.
new text end
new text begin Subd. 3. new text end
new text begin Exceptions. new text end
new text begin
(a) An algorithm, software, or device that acts as a parental control,
or an internal control used by the social media platform that is intended to control the ability
of a minor to access content, or is used to filter content for age-appropriate or banned
material, is exempt from this section.
new text end
new text begin
(b) User-generated content that is created by a federal, state, or local government or by
a public or private school, college, or university, including software and applications used
by a public or private school, college, or university that are created and used for educational
purposes, is exempt from this section.
new text end
Sec. 6.
new text begin
[332.365] CREDIT COUNSELING ORGANIZATIONS; DEBTORS.
new text end
new text begin Subdivision 1. new text end
new text begin Duties of commissioner. new text end
new text begin
(a) On or before July 1, 2023, the commissioner
must develop and maintain a document that includes the contact information for nonprofit
organizations domiciled in Minnesota that provide credit counseling services to debtors.
Credit counseling services include but are not limited to (1) helping a debtor understand
the debtor's rights and responsibilities, and (2) working with debtors, creditors, and collection
agencies to satisfy debts. The document must include contact information for organizations
that provide credit counseling services in languages other than English to individuals whose
primary language is a language other than English. The document must include the following
statement in English, Spanish, Somali, Hmong, Vietnamese, and Chinese:
new text end
new text begin
"There are resources available to help manage your debt. The following Minnesota
organizations offer debt and credit counseling services. The Department of Commerce does
not control or guarantee any of the services provided by these organizations. This list is not
a referral to, or endorsement or recommendation of, any organization or the organization's
services."
new text end
new text begin
(b) The document must be no more than one 8-1/2 by 11-inch sheet of paper. The
commissioner must maintain the document and make it publicly available on the department's
website in a printable format.
new text end
new text begin
(c) Beginning September 1, 2024, the commissioner may update the document no more
than once per year and must notify all licensed collection agencies after an update occurs.
A collection agency has 120 days from the date the collection agency receives notice of an
update to the document from the commissioner to apply the changes to the document.
new text end
new text begin Subd. 2. new text end
new text begin Duties of collection agency. new text end
new text begin
Beginning September 1, 2023, a collection agency
must include the document described in subdivision 1 with the initial written communication
sent to a debtor if the initial communication is performed via United States mail, e-mail, or
text message.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 7.
Minnesota Statutes 2020, section 609.5316, subdivision 3, is amended to read:
Subd. 3.
Weapons, telephone cloning paraphernalia, automated sales suppression
devices, new text begin catalytic converters, new text end and bullet-resistant vests.
Weapons used are contraband
and must be summarily forfeited to the appropriate agency upon conviction of the weapon's
owner or possessor for a controlled substance crime; for any offense of this chapter or
chapter 624, or for a violation of an order for protection under section 518B.01, subdivision
14. Bullet-resistant vests, as defined in section 609.486, worn or possessed during the
commission or attempted commission of a crime are contraband and must be summarily
forfeited to the appropriate agency upon conviction of the owner or possessor for a controlled
substance crime or for any offense of this chapter. Telephone cloning paraphernalia used
in a violation of section 609.894, and automated sales suppression devices, phantom-ware,
and other devices containing an automated sales suppression or phantom-ware device or
software used in violation of section 289A.63, subdivision 12, are contraband and must be
summarily forfeited to the appropriate agency upon a conviction.new text begin A catalytic converter
possessed in violation of section 325E.21 is contraband and must be summarily forfeited
to the appropriate agency upon a conviction.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
APPENDIX
Repealed Minnesota Statutes: H4355-2
16B.323 SOLAR ENERGY IN STATE BUILDINGS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Major renovation" means a substantial addition to an existing building, or a substantial change to the interior configuration or the energy system of an existing building.
(c) "Solar energy system" means photovoltaic devices alone or installed in conjunction with a solar thermal system.
(d) "Photovoltaic device " has the meaning given in section 216C.06, subdivision 16.
(e) "Solar thermal system" has the meaning given "qualifying solar thermal project" in section 216B.2411, subdivision 2, paragraph (e).
(f) "State building" means a building whose construction or renovation is paid wholly or in part by the state from the bond proceeds fund.
Subd. 2.
Solar energy system.
(a) As provided in paragraphs (b) and (c), a project for the construction or major renovation of a state building, after the completion of a cost-benefit analysis, may include installation of solar energy systems of up to 300 kilowatts capacity on, adjacent, or in proximity to the state building.
(b) The capacity of a solar energy system must be less than 300 kilowatts to the extent necessary to match the electrical load of the building, or the capacity must be no more than necessary to keep the costs for the installation below the five percent maximum set by paragraph (c).
(c) The cost of the solar energy system must not exceed five percent of the appropriations from the bond proceeds fund for the construction or renovation of the state building. Purchase and installation of a solar thermal system may account for no more than 25 percent of the cost of a solar energy system installation.
(d) A project subject to this section is ineligible to receive a rebate for the installation of a solar energy system under section 116C.7791 or from any utility.
16B.326 HEATING AND COOLING SYSTEMS; STATE-FUNDED BUILDINGS.
The commissioner must review project proposer's study for geothermal and solar thermal applications as possible uses for heating or cooling for all building projects subject to a predesign review under section 16B.335 that receive any state funding for replacement of heating or cooling systems. When practicable, geothermal and solar thermal heating and cooling systems must be considered when designing, planning, or letting bids for necessary replacement or initial installation of cooling or heating systems in new or existing buildings that are constructed or maintained with state funds. The predesign review must include a written plan for compliance with this section from a project proposer.
For the purposes of this section, "solar thermal" means a flat plate or evacuated tube with a fixed orientation that collects the sun's radiant energy and transfers it to a storage medium for distribution as energy for heating and cooling.
45.25 DEFINITIONS.
Subd. 2a.
Classroom course.
"Classroom course" means an educational process based on live or real-time instruction including, but not limited to:
(1) a course in which there is no geographic separation of instructor and learner;
(2) a course taught live that is concurrently simulcast to remote locations and where each location is monitored by a proctor; and
(3) a course taught live that is concurrently simulcast to individual students online and that includes a process to authenticate the student's identity and technology to guarantee seat time.
Subd. 14.
Self-study course.
"Self-study course" means a distance learning course that is not entirely taught by the instructor live via the Internet, video, or other electronic means.
60A.033 SCHEDULING CONFERENCE AND ORDER.
Subd. 3.
Exception.
A scheduling conference and order is not required under this section if the insurance company waives its right to a scheduling conference and order.
62Q.56 CONTINUITY OF CARE.
Subd. 1a.
Change in health care provider; termination not for cause.
(a) If the contract termination was not for cause and the contract was terminated by the health plan company, the health plan company must provide the terminated provider and all enrollees being treated by that provider with notification of the enrollees' rights to continuity of care with the terminated provider.
(b) The health plan company must provide, upon request, authorization to receive services that are otherwise covered under the terms of the health plan through the enrollee's current provider:
(1) for up to 120 days if the enrollee is engaged in a current course of treatment for one or more of the following conditions:
(i) an acute condition;
(ii) a life-threatening mental or physical illness;
(iii) pregnancy beyond the first trimester of pregnancy;
(iv) a physical or mental disability defined as an inability to engage in one or more major life activities, provided that the disability has lasted or can be expected to last for at least one year, or can be expected to result in death; or
(v) a disabling or chronic condition that is in an acute phase; or
(2) for the rest of the enrollee's life if a physician, advanced practice registered nurse, or physician assistant certifies that the enrollee has an expected lifetime of 180 days or less.
For all requests for authorization to receive services under this paragraph, the health plan company must grant the request unless the enrollee does not meet the criteria provided in this paragraph.
(c) The health plan company shall prepare a written plan that provides a process for coverage determinations regarding continuity of care of up to 120 days for enrollees who request continuity of care with their former provider, if the enrollee:
(1) is receiving culturally appropriate services and the health plan company does not have a provider in its preferred provider network with special expertise in the delivery of those culturally appropriate services within the time and distance requirements of section 62D.124, subdivision 1; or
(2) does not speak English and the health plan company does not have a provider in its preferred provider network who can communicate with the enrollee, either directly or through an interpreter, within the time and distance requirements of section 62D.124, subdivision 1.
The written plan must explain the criteria that will be used to determine whether a need for continuity of care exists and how it will be provided.
72A.2031 DEFINITIONS.
Subd. 3.
Broker-dealer.
"Broker-dealer" means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. The term does not include:
(1) an agent;
(2) an issuer;
(3) a depository institution, provided such activities are conducted in accordance with rules as may be adopted by the administrator;
(4) an international banking institution; or
(5) a person excluded by rule adopted or order issued under this chapter.
Subd. 9.
Registered principal.
"Registered principal" means a person associated with a FINRA member broker-dealer, who is actively engaged in the management of the FINRA member broker-dealer investment banking or securities business, including supervision, solicitation, conduct of business, or the training of persons associated with a FINRA member broker-dealer for any of these functions.
Subd. 11.
Suitability information.
"Suitability information" means information that is reasonably appropriate to determine the suitability of a recommendation, including but not limited to the following:
(1) age;
(2) annual income and anticipated material changes in annual income;
(3) financial situation and needs, including the financial resources used for the funding of the annuity, and including anticipated material changes in financial situation and needs;
(4) financial experience;
(5) financial objectives;
(6) intended use of the annuity;
(7) financial time horizon;
(8) existing assets, including investment and life insurance holdings and anticipated material changes in existing assets;
(9) liquidity needs and anticipated material changes in liquidity needs;
(10) liquid net worth and anticipated material changes in liquid net worth;
(11) risk tolerance;
(12) tax status; and
(13) whether or not the consumer has a reverse mortgage.
72A.2032 DUTIES OF INSURERS AND INSURANCE PRODUCERS.
Subdivision 1.
Suitability standard.
In recommending to a consumer the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or series of insurance transactions, the insurance producer, or the insurer where no producer is involved, shall have reasonable grounds for believing, after a reasonable inquiry, that the recommendation is suitable for the consumer, under the totality of the circumstances based on the facts disclosed by the consumer as to the consumer's investments and other insurance products and as to the consumer's financial situation and needs, including the consumer's suitability information, and that there is a reasonable basis to believe all of the following:
(1) the consumer has been reasonably informed of various features of the annuity, such as the potential surrender period and surrender charge, potential tax penalty if the consumer sells, exchanges, surrenders, redeems, or annuitizes the annuity, mortality and expense fees, investment advisory fees, potential charges for and features of riders, limitations on interest returns, insurance and investment components, and market risk;
(2) the consumer would receive a tangible net benefit from the transaction;
(3) for the particular consumer based on the consumer's suitability information:
(i) the particular annuity as a whole, the underlying subaccounts to which funds are allocated at the time of purchase or exchange of the annuity, and riders and similar product enhancements, if any, are suitable; and
(ii) in the case of an exchange or replacement, the transaction as a whole is suitable taking into account, among other things, the age of the consumer; and
(4) in the case of an exchange or replacement of an annuity, the exchange or replacement is suitable including taking into consideration all of the following:
(i) the consumer will incur a surrender charge; be subject to the commencement of a new surrender period; lose existing benefits, such as death, living, or other contractual benefits; or be subject to increased fees, investment advisory fees, or charges for riders and similar product enhancements;
(ii) the consumer would receive a tangible net benefit from the transaction, and in the case of a person 65 years of age or older, neither a producer nor an insurer shall recommend a replacement or exchange of an annuity that requires the insured to pay a surrender charge for the annuity being replaced or exchanged if the replacement or exchange does not confer a substantial financial benefit over the life of the annuity to the consumer so that a reasonable person would believe the purchase is unnecessary; and
(iii) the consumer has had another annuity exchange or replacement and, in particular, an exchange or replacement within the preceding 60 months.
Subd. 2.
Obtaining suitability information.
Before the execution of a purchase, exchange, or replacement of an annuity resulting from a recommendation, an insurance producer, or an insurer where no producer is involved, shall make reasonable efforts to obtain the consumer's suitability information, and record this information on a form, inventory, or similar record. The producer, upon request, shall provide to the consumer or the consumer's legal representative a copy of the information used in the making of the suitability determination.
Subd. 3.
Restriction on issuance of annuity.
Except as permitted under subdivision 4, an insurer shall not issue an annuity recommended to a consumer unless there is a reasonable basis to believe the annuity is suitable based on the consumer's suitability information.
Subd. 5.
Documentation.
An insurance producer or, where no insurance producer is involved, the responsible insurer representative shall at the time of sale:
(1) make a record of any recommendation subject to subdivision 1;
(2) obtain a consumer-signed statement documenting a consumer's refusal to provide suitability information, if any; and
(3) obtain a consumer-signed statement acknowledging that an annuity transaction is not recommended if a consumer decides to enter into an annuity transaction that is not based on the insurance producer's or insurer's recommendation.
116J.9924 TARGETED COMMUNITY CAPITAL PROJECT GRANT PROGRAM.
Subd. 6.
Applicability of other laws.
The provisions of chapter 16A that apply to general fund appropriations for capital projects also apply to grants under this section. Money granted under this section is available until the project is completed or abandoned subject to section 16A.642.
181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.
(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.
(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of this paragraph:
(1) "domestic abuse" has the meaning given in section 518B.01;
(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and
(3) "harass" and "stalking" have the meanings given in section 609.749.
(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.
(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.
(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.
(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.
(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.
(h) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.
216B.16 RATE CHANGE; PROCEDURE; HEARING.
Subd. 10.
Intervenor compensation.
(a) A nonprofit organization or an individual granted formal intervenor status by the commission is eligible to receive compensation.
(b) The commission may order a utility to compensate all or part of an eligible intervenor's reasonable costs of participation in a general rate case that comes before the commission when the commission finds that the intervenor has materially assisted the commission's deliberation and when a lack of compensation would present financial hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor in any proceeding. For the purpose of this subdivision, "materially assisted" means that the intervenor's participation and presentation was useful and seriously considered, or otherwise substantially contributed to the commission's deliberations in the proceeding.
(c) In determining whether an intervenor has materially assisted the commission's deliberation, the commission must consider, among other factors, whether:
(1) the intervenor represented an interest that would not otherwise have been adequately represented;
(2) the evidence or arguments presented or the positions taken by the intervenor were an important factor in producing a fair decision;
(3) the intervenor's position promoted a public purpose or policy;
(4) the evidence presented, arguments made, issues raised, or positions taken by the intervenor would not have been a part of the record without the intervenor's participation; and
(5) the administrative law judge or the commission adopted, in whole or in part, a position advocated by the intervenor.
(d) In determining whether the absence of compensation would present financial hardship to the intervenor, the commission must consider:
(1) whether the costs presented in the intervenor's claim reflect reasonable fees for attorneys and expert witnesses and other reasonable costs; and
(2) the ratio between the costs of intervention and the intervenor's unrestricted funds.
(e) An intervenor seeking compensation must file a request and an affidavit of service with the commission, and serve a copy of the request on each party to the proceeding. The request must be filed 30 days after the later of (1) the expiration of the period within which a petition for rehearing, amendment, vacation, reconsideration, or reargument must be filed or (2) the date the commission issues an order following rehearing, amendment, vacation, reconsideration, or reargument.
(f) The compensation request must include:
(1) the name and address of the intervenor or representative of the nonprofit organization the intervenor is representing;
(2) proof of the organization's nonprofit, tax-exempt status;
(3) the name and docket number of the proceeding for which compensation is requested;
(4) a list of actual annual revenues and expenses of the organization the intervenor is representing for the preceding year and projected revenues, revenue sources, and expenses for the current year;
(5) the organization's balance sheet for the preceding year and a current monthly balance sheet;
(6) an itemization of intervenor costs and the total compensation request; and
(7) a narrative explaining why additional organizational funds cannot be devoted to the intervention.
(g) Within 30 days after service of the request for compensation, a party may file a response, together with an affidavit of service, with the commission. A copy of the response must be served on the intervenor and all other parties to the proceeding.
(h) Within 15 days after the response is filed, the intervenor may file a reply with the commission. A copy of the reply and an affidavit of service must be served on all other parties to the proceeding.
(i) If additional costs are incurred as a result of additional proceedings following the commission's initial order, the intervenor may file an amended request within 30 days after the commission issues an amended order. Paragraphs (e) to (h) apply to an amended request.
(j) The commission must issue a decision on intervenor compensation within 60 days of a filing by an intervenor.
(k) A party may request reconsideration of the commission's compensation decision within 30 days of the decision.
(l) If the commission issues an order requiring payment of intervenor compensation, the utility that was the subject of the proceeding must pay the compensation to the intervenor, and file with the commission proof of payment, within 30 days after the later of (1) the expiration of the period within which a petition for reconsideration of the commission's compensation decision must be filed or (2) the date the commission issues an order following reconsideration of its order on intervenor compensation.
Repealed Minnesota Session Laws: H4355-2
Laws 2017, chapter 5, section 1
Section 1. new text begin NATURAL GAS COMBINED CYCLE ELECTRIC GENERATION PLANT.new text end
new text begin (a) Notwithstanding Minnesota Statutes, section 216B.243 and Minnesota Statutes, chapter 216E, a public utility may, at its sole discretion, construct, own, and operate a natural gas combined cycle electric generation plant as the utility proposed to the Public Utilities Commission in docket number E-002/RP-15-21, or as revised by the utility and approved by the Public Utilities Commission in the latest resource plan filed after the effective date of this section, provided that the plant is located on property in Sherburne County, Minnesota, already owned by the public utility, and will be constructed after January 1, 2018. new text end
new text begin (b) Reasonable and prudently incurred costs and investments by a public utility under this section may be recovered pursuant to the provisions of Minnesota Statutes, section 216B.16. new text end
new text begin (c) No less than 20 months prior to the start of construction, a public utility intending to construct a plant under this section shall file with the commission an evaluation of the utility's forecasted costs prepared by an independent evaluator and may ask the commission to establish a sliding scale rate of return mechanism for this capital investment to provide an incentive for the utility to complete the project at or under the forecasted costs. new text end