as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
|Introduction||Posted on 08/14/1998|
1.1 A bill for an act 1.2 relating to the legislature; abolishing the 1.3 legislative commission to review administrative rules, 1.4 the legislative commission on children, youth, and 1.5 their families, the legislative water commission, the 1.6 legislative commission on the economic status of 1.7 women, the legislative commission on child protection, 1.8 the legislative commission on health care access, the 1.9 legislative commission on long-term health care, the 1.10 legislative commission on waste management, and the 1.11 legislative tax study commission; transferring 1.12 functions of the legislative commission on Minnesota 1.13 resources to the office of strategic and long-range 1.14 planning; amending Minnesota Statutes 1994, sections 1.15 3.846, subdivision 2; 4.071, subdivision 2; 14.131; 1.16 14.15, subdivision 4; 14.19; 14.23; 14.26; 14.32, 1.17 subdivision 2; 14.47, subdivisions 3, 6, and 8; 1.18 62J.04, subdivisions 1a and 9; 62Q.33, subdivision 5; 1.19 84.0274, subdivision 7; 85.019, subdivision 2; 86.72, 1.20 subdivisions 2 and 3; 89.022, subdivision 2; 103A.43; 1.21 103B.321, subdivision 1; 115A.07, subdivision 3; 1.22 115A.15, subdivision 5; 115A.158, subdivision 2; 1.23 115A.165; 115A.193; 115A.22, subdivision 5; 115A.5501, 1.24 subdivisions 2 and 4; 115A.551, subdivisions 4 and 5; 1.25 115A.557, subdivision 4; 115A.9157, subdivision 6; 1.26 115A.96, subdivision 2; 115A.961, subdivision 2; 1.27 115A.9651, subdivision 2; 115A.97, subdivisions 5 and 1.28 6; 115B.20, subdivisions 2, 5, and 6; 116C.712, 1.29 subdivision 5; 116J.555, subdivision 2; 116P.02; 1.30 116P.03; 116P.05, subdivision 2, and by adding a 1.31 subdivision; 116P.06; 116P.07; 116P.08, subdivisions 1.32 3, 4, 5, 6, and 7; 116P.09; 116P.10; 116P.11; 116P.12; 1.33 116Q.02; 256.9352, subdivision 3; 256B.431, 1.34 subdivision 2i; 290.431; 290.432; and 473.846; 1.35 repealing Minnesota Statutes 1994, sections 3.841; 1.36 3.842; 3.843; 3.844; 3.845; 3.861; 3.873; 3.887; 1.37 3.9222; 3.9227; 14.115, subdivision 8; 62J.04, 1.38 subdivision 4; 62J.07; 62N.24; 103B.351; 115A.03, 1.39 subdivision 16; 115A.08; 115A.14; 115A.29; 115A.38; 1.40 115A.411; 115A.913, subdivision 5; 115A.9157, 1.41 subdivision 4; 115A.965, subdivision 7; 115A.981, 1.42 subdivision 3; 115B.20, subdivision 6; 115B.22, 1.43 subdivision 8; 115B.43, subdivision 4; 116P.05, 1.44 subdivision 1; 256B.504; 473.149, subdivisions 2c and 1.45 6; 473.845, subdivision 4; and 473.848, subdivision 4. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 ABOLISHING COMMISSIONS 2.4 Section 1. Minnesota Statutes 1994, section 3.846, 2.5 subdivision 2, is amended to read: 2.6 Subd. 2. [NOTICE.] The notice must be published in the 2.7 State Register and filed with the secretary of state
and the2.8 legislative commission to review administrative rules. The 2.9 notice must contain a citation to the statutory authority for 2.10 the exempt rule and either: (1) a copy of the rule; or (2) a 2.11 description of the nature and effect of the rule and an 2.12 announcement that a free copy of the rule is available from the 2.13 agency on request. 2.14 Sec. 2. Minnesota Statutes 1994, section 14.131, is 2.15 amended to read: 2.16 14.131 [STATEMENT OF NEED AND REASONABLENESS.] 2.17 Before the agency orders the publication of a rulemaking 2.18 notice required by section 14.14, subdivision 1a, the agency 2.19 must prepare, review, and make available for public review a 2.20 statement of the need for and reasonableness of the rule and a 2.21 fiscal note if required by section 3.982. The statement of need 2.22 and reasonableness must be prepared under rules adopted by the 2.23 chief administrative law judge. 2.24 The agency shall send a copy of the statement of need and2.25 reasonableness to the legislative commission to review2.26 administrative rules when it becomes available for public review.2.27 Sec. 3. Minnesota Statutes 1994, section 14.15, 2.28 subdivision 4, is amended to read: 2.29 Subd. 4. [NEED OR REASONABLENESS NOT ESTABLISHED.] If the 2.30 chief administrative law judge determines that the need for or 2.31 reasonableness of the rule has not been established pursuant to2.32 in accordance with section 14.14, subdivision 2, and if the 2.33 agency does not elect to follow the suggested actions of the 2.34 chief administrative law judge to correct that defect, thenthe 2.35 agency shall submit the proposed rule to the legislative2.36 commission to review administrative rulesappropriate committees 3.1 of the house of representatives and the senate for the 3.2 commission'scommittees' advice and comment. The agency shall3.3 may not adopt the rule until it has received and considered the 3.4 advice of the commissioncommittees. However, the agency is not 3.5 required to delay adoption longer than 30 days after the 3.6 commission hascommittees have received the agency's submission. 3.7 Advice of the commission shallcommittees is not bebinding on 3.8 the agency. 3.9 Sec. 4. Minnesota Statutes 1994, section 14.19, is amended 3.10 to read: 3.11 14.19 [DEADLINE TO COMPLETE RULEMAKING.] 3.12 The agency shall, within 180 days after issuance of the 3.13 administrative law judge's report, shall submit its notice of 3.14 adoption, amendment, suspension, or repeal to the State Register 3.15 for publication. If the agency has not submitted its notice to 3.16 the State Register within 180 days, the rule is automatically 3.17 withdrawn. The agency shallmay not adopt the withdrawn rules 3.18 without again following the procedures of sections 14.05 to 3.19 14.36. It shall report to the legislative commission to review3.20 administrative rules, otherappropriate committees of the 3.21 legislature ,and the governor its failure to adopt rules and the 3.22 reasons for that failure. The 180-day time limit of this 3.23 section does not include any days used for review by the chief 3.24 administrative law judge ,or the attorney general , or the3.25 legislative commission to review administrative rulesif the 3.26 review is required by law. 3.27 Sec. 5. Minnesota Statutes 1994, section 14.23, is amended 3.28 to read: 3.29 14.23 [STATEMENT OF NEED AND REASONABLENESS.] 3.30 Before the date of the section 14.22 notice, the agency 3.31 shall prepare a statement of need and reasonableness, which 3.32 shallmust be available to the public. For at least 30 days 3.33 following the notice, the agency shall afford all interested 3.34 persons an opportunity to request a public hearing and to submit 3.35 data and views on the proposed rule in writing. 3.36 The agency shall send a copy of the statement of need and4.1 reasonableness to the legislative commission to review4.2 administrative rules when it becomes available to the public.4.3 Sec. 6. Minnesota Statutes 1994, section 14.26, is amended 4.4 to read: 4.5 14.26 [ADOPTION OF PROPOSED RULE; SUBMISSION TO ATTORNEY 4.6 GENERAL.] 4.7 Subdivision 1. [SUBMISSION.] If no hearing is required, 4.8 the agency shall submit to the attorney general the proposed 4.9 rule and notice as published, the rule as proposed for adoption, 4.10 any written comments received by the agency, and a statement of 4.11 need and reasonableness for the rule. The agency shall give 4.12 notice to all persons who requested to be informed that these 4.13 materials have been submitted to the attorney general. This 4.14 notice shallmust be given on the same day that the record is 4.15 submitted. If the proposed rule has been modified, the notice 4.16 shallmust state that fact, and shallmust state that a free 4.17 copy of the proposed rule, as modified, is available upon 4.18 request from the agency. The rule and these materials shall4.19 must be submitted to the attorney general within 180 days of the 4.20 day that the comment period for the rule is over or the rule is 4.21 automatically withdrawn. The agency shall report its failure to 4.22 adopt the rules and the reasons for that failure to the4.23 legislative commission to review administrative rules, other4.24 appropriate legislative committees ,and the governor. 4.25 Subd. 2. [RESUBMISSION.] Even if the 180-day period 4.26 expires while the attorney general reviews the rule, if the 4.27 attorney general rejects the rule, the agency may resubmit it 4.28 after taking corrective action. The resubmission must occur 4.29 within 30 days of when the agency receives written notice of the 4.30 disapproval. If the rule is again disapproved, the rule is 4.31 withdrawn. An agency may resubmit at any time before the 4.32 expiration of the 180-day period. If the agency withholds some 4.33 of the proposed rule, it may not adopt the withheld portion 4.34 without again following the procedures of sections 14.14 to 4.35 14.28, or 14.29 to 14.36. 4.36 Subd. 3. [REVIEW.] The attorney general shall approve or 5.1 disapprove the rule as to its legality and its form to the 5.2 extent the form relates to legality, including the issue of 5.3 substantial change, and determine whether the agency has the 5.4 authority to adopt the rule and whether the record demonstrates 5.5 a rational basis for the need for and reasonableness of the 5.6 proposed rule within 14 days. If the rule is approved, the 5.7 attorney general shall promptly file two copies of it in the 5.8 office of the secretary of state. The secretary of state shall 5.9 forward one copy of each rule to the revisor of statutes. If 5.10 the rule is disapproved, the attorney general shall state in 5.11 writing the reasons and make recommendations to overcome the 5.12 deficiencies, and the rule shallmay not be filed in the office 5.13 of the secretary of state ,nor published until the deficiencies 5.14 have been overcome. The attorney general shall send a statement 5.15 of reasons for disapproval of the rule to the agency, the chief 5.16 administrative law judge, the legislative commission to review5.17 administrative rules,and tothe revisor of statutes. 5.18 The attorney general shall disregard any error or defect in 5.19 the proceeding due to the agency's failure to satisfy any 5.20 procedural requirements imposed by law or rule if the attorney 5.21 general finds: 5.22 (1) that the failure did not deprive any person or entity 5.23 of an opportunity to participate meaningfully in the rulemaking 5.24 process; or 5.25 (2) that the agency has taken corrective action to cure the 5.26 error or defect so that the failure did not deprive any person 5.27 or entity of an opportunity to participate meaningfully in the 5.28 rulemaking process. 5.29 Subd. 4. [COSTS.] The attorney general shall assess an 5.30 agency for the actual cost of processing rules under this 5.31 section. The agency shall pay the attorney general's 5.32 assessments using the procedures of section 8.15. Each agency 5.33 shall include in its budget money to pay the attorney general's 5.34 assessment. Receipts from the assessment must be deposited in 5.35 the state treasury and credited to the general fund. 5.36 Sec. 7. Minnesota Statutes 1994, section 14.32, 6.1 subdivision 2, is amended to read: 6.2 Subd. 2. [REVIEW.] The attorney general shall review the 6.3 proposed emergency rule as to its legality, review its form to 6.4 the extent the form relates to legality, and shallapprove or 6.5 disapprove the proposed emergency rule and any modifications on 6.6 the tenth working day following the date of receipt of the 6.7 proposed emergency rule from the agency. The attorney general 6.8 shall send a statement of reasons for disapproval of the rule to 6.9 the agency, the chief administrative law judge, the legislative6.10 commission to review administrative rules,and tothe revisor of 6.11 statutes. 6.12 The attorney general shall disregard any error or defect in 6.13 the proceeding due to the agency's failure to satisfy any 6.14 procedural requirement imposed by law or rule if the attorney 6.15 general finds: 6.16 (1) that the failure did not deprive any person or entity 6.17 of an opportunity to participate meaningfully in the rulemaking 6.18 process; or 6.19 (2) that the agency has taken corrective action to cure the 6.20 error or defect so that the failure did not deprive any person 6.21 or entity of an opportunity to participate meaningfully in the 6.22 rulemaking process. 6.23 Sec. 8. Minnesota Statutes 1994, section 14.47, 6.24 subdivision 3, is amended to read: 6.25 Subd. 3. [SOURCE OF TEXT.] In order to ensure that the 6.26 complete text of rules is included in the first compilation 6.27 published pursuant toin accordance with subdivision 1, clause 6.28 (2), and containing the revisor's certificate, the revisor may 6.29 use the Minnesota Code of Agency Rules, the State Register, the 6.30 rule files of the secretary of state, the files of individual 6.31 agencies, the records of the administrative law judge's office, 6.32 and the records of the attorney general. The revisor is not 6.33 required to compare the text of a rule as shown by the other 6.34 possible source documents with the text of the rule in the 6.35 secretary of state's file. 6.36 If any comparison of documents shows there is a material 7.1 discrepancy in the text of the rule, the revisor shall include 7.2 in Minnesota Rules the text in the secretary of state's files 7.3 unless the discrepancy between the secretary of state's files 7.4 and any of the other documents is the result of an obvious 7.5 unintentional omission or clerical error. The text published by 7.6 the revisor shallmust correct those omissions and errors. The 7.7 revisor shall add an appropriate footnote describing the 7.8 apparent discrepancy in text. Before publication of Minnesota 7.9 Rules, the revisor shall also notify the agency whose rules are 7.10 affected, the attorney general, and the chief administrative law 7.11 judge , and the legislative commission to review administrative7.12 rulesabout the omission or error. 7.13 If any comparison of documents shows that a rule has been 7.14 filed with the secretary of state but apparently has not been 7.15 published in the State Register as required by law, the revisor 7.16 may, unless the attorney general objects, include the rule in 7.17 Minnesota Rules or omit the rule if the rule was a repeal, but 7.18 shall add an appropriate footnote describing the apparent 7.19 fault. Before publication of Minnesota Rules, the revisor shall 7.20 notify the agency whose rules are affected, the attorney 7.21 general, and the chief administrative law judge , and the7.22 legislative commission to review administrative rulesabout the 7.23 apparent lack of publication. 7.24 If a comparison of documents shows that a rule as adopted 7.25 in the State Register has apparently not been filed with the 7.26 secretary of state, the revisor may not publish the rule in 7.27 Minnesota Rules unless the attorney general approves the 7.28 publication. Before publication of Minnesota Rules the revisor 7.29 shall notify the agency affected, the attorney general, and the 7.30 chief administrative law judge and the legislative commission to7.31 review administrative rulesof the apparent lack of filing of 7.32 the rule. If the revisor publishes the rule, the revisor shall 7.33 add an appropriate footnote describing the apparent lack of 7.34 filing. 7.35 Sec. 9. Minnesota Statutes 1994, section 14.47, 7.36 subdivision 6, is amended to read: 8.1 Subd. 6. [OMISSION OF TEXT.] (a) For purposes of any 8.2 compilation or publication of the rules, the revisor, unless the 8.3 attorney general objects, may omit any extraneous descriptive or 8.4 informative text whichthat is not an operative portion of the 8.5 rule. The revisor may also omit effective date provisions, 8.6 statements that a rule is repealed, prefaces, appendices, 8.7 guidelines, organizational descriptions, explanations of federal 8.8 or state law, and similar material. The revisor shall consult 8.9 with the agency, the attorney general, the legislative8.10 commission to review administrative rules,and withthe chief 8.11 administrative law judge before omitting any text from 8.12 publication. 8.13 (b) For the purposes of any compilation or publication of 8.14 the rules, the revisor, unless the attorney general objects, may 8.15 omit any rules that, by their own terms, are no longer effective 8.16 or have been repealed directly by the agency, repealed by the 8.17 legislature, or declared unconstitutional or otherwise void by a 8.18 court of last resort. The revisor shallmay not remove a rule 8.19 whichthat is suspended and not fully repealed, but shall, if 8.20 practicable, note the fact of suspension in Minnesota Rules. 8.21 The revisor shall consult the agency involved, the attorney 8.22 general, and the chief administrative law judge , and the8.23 legislative commission to review administrative rulesbefore 8.24 omitting a rule from publication. 8.25 Sec. 10. Minnesota Statutes 1994, section 14.47, 8.26 subdivision 8, is amended to read: 8.27 Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any 8.28 compilation, reissue, or supplement published by the revisor 8.29 shallmust be sold by the revisor for a reasonable fee and its 8.30 proceeds deposited in the general fund. An agency shall 8.31 purchase from the revisor the number of copies of the 8.32 compilation or supplement needed by the agency. The revisor 8.33 shall provide without charge copies of each edition of any 8.34 compilation, reissue, or supplement to the persons or bodies 8.35 listed in this subdivision. Those copies must be marked with 8.36 the words "State Copy" and kept for the use of the office. The 9.1 revisor shall distribute: 9.2 (a) 25 copies to the office of the attorney general; 9.3 (b) 12 copies for the legislative commission for review of9.4 administrative rules;9.5 (c)3 copies to the revisor of statutes for transmission to 9.6 the Library of Congress for copyright and depository purposes; 9.7 (d)(c) 150 copies to the state law library; 9.8 (e)(d) 10 copies to the law school of the University of 9.9 Minnesota; and 9.10 (f)(e) one copy of any compilation or supplement to each 9.11 county library maintained pursuant tounder section 134.12 upon 9.12 its request, except in counties containing cities of the first 9.13 class. If a county has not established a county library 9.14 pursuant tounder section 134.12, the copy willmust be provided 9.15 to any public library in the county upon its request. 9.16 Sec. 11. Minnesota Statutes 1994, section 62J.04, 9.17 subdivision 1a, is amended to read: 9.18 Subd. 1a. [ADJUSTED GROWTH LIMITS AND ENFORCEMENT.] (a) 9.19 The commissioner shall publish the final adjusted growth limit 9.20 in the State Register by January 31 of the year that the 9.21 expenditure limit is to be in effect. The adjusted limit must 9.22 reflect the actual regional consumer price index for urban 9.23 consumers for the previous calendar year ,and may deviate from 9.24 the previously published projected growth limits to reflect 9.25 differences between the actual regional consumer price index for 9.26 urban consumers and the projected Consumer Price Index for urban 9.27 consumers. The commissioner shall report to the legislature by 9.28 February 15 of each year on differences between the projected 9.29 increase in health care expenditures, the actual expenditures 9.30 based on data collected, and the impact and validity of growth 9.31 limits within the overall health care reform strategy. 9.32 (b) The commissioner shall enforce limits on growth in 9.33 spending and revenues for integrated service networks and for 9.34 the regulated all-payer option. If the commissioner determines 9.35 that artificial inflation or padding of costs or prices has 9.36 occurred in anticipation of the implementation of growth limits, 10.1 the commissioner may adjust the base year spending totals or 10.2 growth limits or take other action to reverse the effect of the 10.3 artificial inflation or padding. 10.4 (c) The commissioner shall impose and enforce overall 10.5 limits on growth in revenues and spending for integrated service 10.6 networks, with adjustments for changes in enrollment, benefits, 10.7 severity, and risks. If an integrated service network exceeds 10.8 the growth limits, the commissioner may reduce future limits on 10.9 growth in aggregate premium revenues for that integrated service 10.10 network by up to the amount overspent. If the integrated 10.11 service network system exceeds a systemwide spending limit, the 10.12 commissioner may reduce future limits on growth in premium 10.13 revenues for the integrated service network system by up to the 10.14 amount overspent. 10.15 (d) The commissioner shall set prices, utilization 10.16 controls, and other requirements for the regulated all-payer 10.17 option to ensure that the overall costs of this system, after 10.18 adjusting for changes in population, severity, and risk, do not 10.19 exceed the growth limits. If growth limits for a calendar year 10.20 are exceeded, the commissioner may reduce reimbursement rates or 10.21 otherwise recoup amounts exceeding the limit for all or part of 10.22 the next calendar year. To the extent possible, the 10.23 commissioner may reduce reimbursement rates or otherwise recoup 10.24 amounts over the limit from individual providers who exceed the 10.25 growth limits. 10.26 (e) The commissioner , in consultation with the Minnesota10.27 health care commission,shall research and make recommendations 10.28 to the legislature regarding the implementation of growth limits 10.29 for integrated service networks and the regulated all-payer 10.30 option. The commissioner mustshall consider both spending and 10.31 revenue approaches and willreport on the implementation of the 10.32 interim limits as defined in sections 62P.04 and 62P.05. The 10.33 commissioner mustshall examine and make recommendations on the 10.34 use of annual update factors based on volume performance 10.35 standards as a mechanism for achieving controls on spending in 10.36 the all-payer option. The commissioner mustshall make 11.1 recommendations regarding the enforcement mechanism and must11.2 shall consider mechanisms to adjust future growth limits as well 11.3 as mechanisms to establish financial penalties for 11.4 noncompliance. The commissioner mustshall also address the 11.5 feasibility of systemwide limits imposed on all integrated 11.6 service networks. 11.7 (f) The commissioner shall report to the legislative11.8 commission on health care access by December 1, 1994, on trends11.9 in aggregate spending and premium revenue for health plan11.10 companies. The commissioner shall use data submitted under11.11 section 62P.04 and other available data to complete this report.11.12 Sec. 12. Minnesota Statutes 1994, section 62J.04, 11.13 subdivision 9, is amended to read: 11.14 Subd. 9. [GROWTH LIMITS; FEDERAL PROGRAMS.] The 11.15 commissioners of health and human services shall establish a 11.16 rate methodology for Medicare and Medicaid risk-based 11.17 contracting with health plan companies that is consistent with 11.18 statewide growth limits. The methodology shall be presented for11.19 review by the Minnesota health care commission and the11.20 legislative commission on health care access prior to the11.21 submission of a waiver request to the health care financing11.22 administration and subsequent implementation of the methodology.11.23 Sec. 13. Minnesota Statutes 1994, section 62Q.33, 11.24 subdivision 5, is amended to read: 11.25 Subd. 5. [TIMELINE.] (a) By October 1, 1994, the11.26 commissioner shall submit to the legislative commission on11.27 health care access the initial report and recommendations11.28 required by subdivisions 2 to 4.11.29 (b)By February 15, 1995, the commissioner , in cooperation11.30 with the legislative commission on health care access,shall 11.31 submit a final report to the legislature, with specific 11.32 recommendations for capacity building and financing to be 11.33 implemented over the period from January 1, 1996, through 11.34 December 31, 1997. 11.35 (c)(b) By January 1, 1997, and by January 1 of each 11.36 odd-numbered year thereafter, the commissioner shall present to 12.1 the legislature an updated report and recommendations. 12.2 Sec. 14. Minnesota Statutes 1994, section 85.019, 12.3 subdivision 2, is amended to read: 12.4 Subd. 2. [GRANTS FOR PARKS AND TRAILS.] The commissioner 12.5 shall administer a program to provide grants to units of 12.6 government located within standard metropolitan statistical 12.7 areas, as designated by the United States Office of Management 12.8 and Budget, but outside of the metropolitan area defined in 12.9 section 473.121. The grants shallmust be for acquisition and 12.10 betterment by units of government of public land and 12.11 improvements needed for parks, trails, conservatories, zoos, and 12.12 other special use facilities having recreational significance 12.13 for the entire population of the particular standard 12.14 metropolitan statistical area. Appropriations made for this 12.15 purpose shallmust be expended with the approval of the governor 12.16 after consultation with the legislative advisory commission. 12.17 The legislative commission on Minnesota resources shall make12.18 recommendations to the legislative advisory commission regarding12.19 the expenditures.The local contribution required shall be not 12.20 less than ten percent. The program shallmust be administered 12.21 so as to ensure the maximum possible use of available federal 12.22 money. 12.23 Sec. 15. Minnesota Statutes 1994, section 115A.07, 12.24 subdivision 3, is amended to read: 12.25 Subd. 3. [UNIFORM WASTE STATISTICS; RULES.] The director, 12.26 after consulting with the commissioner, the metropolitan 12.27 council, local government units, and other interested persons, 12.28 may adopt rules to establish uniform methods for collecting and 12.29 reporting waste reduction, generation, collection, 12.30 transportation, storage, recycling, processing, and disposal 12.31 statistics necessary for proper waste management and for 12.32 reporting required by law. Prior to publishing proposed rules,12.33 the director shall submit draft rules to the legislative12.34 commission on waste management for review and comment.Rules 12.35 adopted under this subdivision apply to all persons and units of 12.36 government in the state for the purpose of collecting and 13.1 reporting waste-related statistics requested under or required 13.2 by law. 13.3 Sec. 16. Minnesota Statutes 1994, section 115A.15, 13.4 subdivision 5, is amended to read: 13.5 Subd. 5. [REPORTS.] (a) By January 1 of each odd-numbered 13.6 year, the commissioner of administration shall submit a report 13.7 to the governor and to the legislative commissionsummarizing 13.8 past activities and proposed goals of the program for the 13.9 following biennium. The report shall include at least: 13.10 (1) a summary list of product and commodity purchases that 13.11 contain recycled materials; 13.12 (2) the results of any performance tests conducted on 13.13 recycled products and agencies' experience with recycled 13.14 products used; 13.15 (3) a list of all organizations participating in and using 13.16 the cooperative purchasing program; and 13.17 (4) a list of products and commodities purchased for their 13.18 recyclability and of recycled products reviewed for purchase. 13.19 (b) By July 1 of each even-numbered year, the commissioner 13.20 of the pollution control agency and the commissioner of public 13.21 service shall submit recommendations to the commissioner 13.22 regarding the operation of the program. 13.23 Sec. 17. Minnesota Statutes 1994, section 115A.158, 13.24 subdivision 2, is amended to read: 13.25 Subd. 2. [PROCEDURE; EVALUATION; REPORT.] In requesting 13.26 proposals, the office shall inform potential developers of the 13.27 assistance available to them in siting and establishing 13.28 hazardous waste processing and collection facilities and 13.29 services in the state and improved industrial waste management 13.30 in the state, including the availability of sites listed on the 13.31 office's inventory of preferred areas for hazardous waste 13.32 processing facilities, the authority of the office to acquire 13.33 sites and order the establishment of facilities in those areas, 13.34 the policies and objectives of the hazardous waste management 13.35 plan, and the availability of information developed by the 13.36 office on hazardous or industrial waste generation and 14.1 management in the state. 14.2 The office shall evaluate the proposals received in 14.3 response to its request and determine the extent to which the 14.4 proposals demonstrate the qualifications of the developers, the 14.5 technical and economic feasibility of the proposed facility or 14.6 service, and the extent to which the proposed facility or 14.7 service will contribute in a significant way to the achievement 14.8 of the policies and objectives of the hazardous waste management 14.9 plan. 14.10 The office shall report to the legislative commission on14.11 the proposals that it has received and evaluated, and on the14.12 legislative, regulatory, and other actions needed to develop and14.13 operate the proposed facilities or services.14.14 Sec. 18. Minnesota Statutes 1994, section 115A.165, is 14.15 amended to read: 14.16 115A.165 [EVALUATION OF GRANT AND LOAN PROGRAMS; REPORT.] 14.17 By November 1 of each even-numbered year, the director 14.18 shall evaluate the extent to which the programs provided in 14.19 sections 115A.152 to 115A.159 have contributed to the 14.20 achievement of the policies and objectives of the hazardous 14.21 waste management plan and other related planning documents 14.22 prepared by the director. The evaluation must consider the 14.23 amount of waste reduction achieved by generators through the 14.24 technical and research assistance and waste reduction grant 14.25 programs and the progress in reducing the need for and practice 14.26 of disposal achieved through the development grants and the 14.27 request for proposal program. The director shall report the14.28 results of the evaluation to the legislative commission with14.29 recommendations for further action.14.30 Sec. 19. Minnesota Statutes 1994, section 115A.193, is 14.31 amended to read: 14.32 115A.193 [REPORT ON FACILITY DEVELOPMENT.] 14.33 The director shall prepare a report concerning the 14.34 development of a stabilization and containment facility. The 14.35 report must include: 14.36 (a) a conceptual plan that describes and evaluates the 15.1 proposed design and operation of the facility, including an 15.2 evaluation of technical feasibility, a description and 15.3 evaluation of the types and quantities of hazardous waste and 15.4 nonhazardous residual waste from hazardous waste processing that 15.5 the facility would be designed to accept, and a description and 15.6 evaluation of technologies needed or desired at the facility for 15.7 processing, stabilization, and containment, including above 15.8 grade containment; 15.9 (b) procedures and standards for the operation of the 15.10 facility that require the use of reduction, recycling, and 15.11 recovery of any hazardous waste before the waste is accepted for 15.12 stabilization when the alternative or additional management 15.13 method is feasible and prudent and would materially reduce 15.14 adverse impact on human health and the environment; 15.15 (c) evaluation of the design and use of the facility for 15.16 processing, stabilization, or containment of industrial waste, 15.17 including technical and regulatory issues and alternative 15.18 management methods; 15.19 (d) evaluation of feasible and prudent technologies that 15.20 may substantially reduce the possibility of migration of any 15.21 hazardous constituents of wastes that the facility would be 15.22 designed to accept; 15.23 (e) a general analysis of the necessary and desirable 15.24 physical, locational, and other characteristics of a site for 15.25 the facility; 15.26 (f) an evaluation of the prospects of and conditions 15.27 required for the regulatory delisting of residual waste from 15.28 hazardous waste processing; 15.29 (g) an evaluation of the feasibility of an interstate, 15.30 regional approach to the management of hazardous waste; and 15.31 (h) an economic feasibility analysis of the development and 15.32 operation of the facility, including the anticipated use of the 15.33 facility by Minnesota generators from within and outside the 15.34 state, and sources of private and public financing that may be 15.35 available or necessary for development or operation. 15.36 The director shall submit a draft of the report to the 16.1 office and the legislative commission on waste management by16.2 July 1, 1988, andbefore executing contracts under section 16.3 115A.191. 16.4 Sec. 20. Minnesota Statutes 1994, section 115A.22, 16.5 subdivision 5, is amended to read: 16.6 Subd. 5. [DUTIES OF LOCAL COMMITTEES.] During the review, 16.7 the local project review committee shall: inform affected local 16.8 communities, government units, and residents of the proposed 16.9 land containment and stabilization and containment facilities 16.10 and of the planning and environmental review process relating to 16.11 the proposed facilities; solicit and record local attitudes and 16.12 concerns respecting the proposed facilities and represent and 16.13 communicate such attitudes and concerns to the board, the16.14 legislative commission,the environmental quality board, the 16.15 agency, and other units and agencies of government; and act as a 16.16 forum for the exchange of local attitudes and concerns and the 16.17 development, where possible, of local consensus. 16.18 Sec. 21. Minnesota Statutes 1994, section 115A.5501, 16.19 subdivision 2, is amended to read: 16.20 Subd. 2. [MEASUREMENT; PROCEDURES.] To measure the overall 16.21 percentage of packaging in the statewide solid waste stream, the 16.22 director and the chair of the metropolitan council, in 16.23 consultation with the commissioner, shall each conduct an annual 16.24 solid waste composition study in the nonmetropolitan and 16.25 metropolitan areas respectively or shall develop an alternative 16.26 method that is as statistically reliable as a waste composition 16.27 study to measure the percentage of packaging in the waste stream. 16.28 The chair of the council shall submit the results from the 16.29 metropolitan area to the director by May 1 of each year. The 16.30 director shall average the nonmetropolitan and metropolitan 16.31 results and submitdetermine the statewide percentage, along 16.32 with a statistically reliable margin of error , to the16.33 legislative commission on waste management by July 1 of each16.34 year. The 1994 report must include a discussion of the16.35 reliability of data gathered under this subdivision and the16.36 methodology used to determine a statistically reliable margin of17.1 error. 17.2 Sec. 22. Minnesota Statutes 1994, section 115A.5501, 17.3 subdivision 4, is amended to read: 17.4 Subd. 4. [REPORT.] The director shall apply the statewide 17.5 percentage determined under subdivision 2 to the aggregate 17.6 amount of solid waste determined under subdivision 3 to 17.7 determine the amount of packaging in the waste stream. By July 17.8 1, 1996, the director shall submit to the legislative commission17.9 on waste managementappropriate committees of the house of 17.10 representatives and the senate an analysis of the extent to 17.11 which the waste packaging reduction goal in subdivision 1 has 17.12 been met. In determining whether the goal has been met, the 17.13 margin of error must be applied in favor of meeting the goal. 17.14 Sec. 23. Minnesota Statutes 1994, section 115A.551, 17.15 subdivision 4, is amended to read: 17.16 Subd. 4. [INTERIM MONITORING.] The director, for counties 17.17 outside of the metropolitan area, and the metropolitan council, 17.18 for counties within the metropolitan area, shall monitor the 17.19 progress of each county toward meeting the recycling goals in 17.20 subdivisions 2 and 2a. The director shall report to the 17.21 legislative commission on waste managementappropriate 17.22 committees of the house of representatives and the senate on the 17.23 progress of the counties by July 1 of each year. The 17.24 metropolitan council shall report to the legislative commission17.25 on waste managementcommittees on the progress of the counties 17.26 by July 1 of each year. If the director or the council finds 17.27 that a county is not progressing toward the goals in 17.28 subdivisions 2 and 2a, itthe director or council shall 17.29 negotiate with the county to develop and implement solid waste 17.30 management techniques designed to assist the county in meeting 17.31 the goals, such as organized collection, curbside collection of 17.32 source-separated materials, and volume-based pricing. 17.33 In even-numbered years the progress report may be included 17.34 in the solid waste management policy report required under 17.35 section 115A.411. The metropolitan council's progress report 17.36 shallmust be included in the report required by section 473.149. 18.1 Sec. 24. Minnesota Statutes 1994, section 115A.551, 18.2 subdivision 5, is amended to read: 18.3 Subd. 5. [FAILURE TO MEET GOAL.] (a) A county failing to 18.4 meet the interim goals in subdivision 3 shall, as a minimum: 18.5 (1) notify county residents of the failure to achieve the 18.6 goal and why the goal was not achieved; and 18.7 (2) provide county residents with information on recycling 18.8 programs offered by the county. 18.9 (b) If, based on the recycling monitoring described in 18.10 subdivision 4, the director or the metropolitan council finds 18.11 that a county will be unable to meet the recycling goals 18.12 established in subdivisions 2 and 2a, the director or council 18.13 shall, after consideration of the reasons for the county's 18.14 inability to meet the goals, recommend legislation for 18.15 consideration by the legislative commission on waste management18.16 appropriate committees of the house of representatives and the 18.17 senate to establish mandatory recycling standards and to 18.18 authorize the director or council to mandate appropriate solid 18.19 waste management techniques designed to meet the standards in 18.20 those counties that are unable to meet the goals. 18.21 Sec. 25. Minnesota Statutes 1994, section 115A.557, 18.22 subdivision 4, is amended to read: 18.23 Subd. 4. [REPORT.] By July 1 of each year, the director 18.24 shall report on how the money was spent and the resulting 18.25 statewide improvements in solid waste management to the house of 18.26 representatives ways and means committee and senate 18.27 appropriations andfinance committees and the legislative18.28 commission on waste managementcommittee. In even-numbered 18.29 years the report may be included in the solid waste management 18.30 policy report required under section 115A.411. 18.31 Sec. 26. Minnesota Statutes 1994, section 115A.9157, 18.32 subdivision 6, is amended to read: 18.33 Subd. 6. [LIST OF PARTICIPANTS.] A manufacturer or its 18.34 representative organization shall inform the legislative18.35 commission on waste managementdirector when they beginthe 18.36 manufacturer or organization begins participating in the 19.1 projects and programs and immediately if they withdrawupon 19.2 19.3 withdrawal from participation. The list of participants shall19.4 must be available to retailers, distributors, governmental 19.5 agencies, and other interested persons who provide a 19.6 self-addressed stamped envelope to the commissiondirector. 19.7 Sec. 27. Minnesota Statutes 1994, section 115A.96, 19.8 subdivision 2, is amended to read: 19.9 Subd. 2. [MANAGEMENT PROGRAM.] (a)The agency shall 19.10 establish a statewide program to manage household hazardous 19.11 wastes. The program must include: 19.12 (1) the establishment and operation of collection sites; 19.13 and 19.14 (2) the provision of information, education, and technical 19.15 assistance regarding proper management of household hazardous 19.16 wastes. 19.17 (b) The agency shall report on its progress on establishing19.18 permanent collection sites to the legislative commission on19.19 waste management by November 1, 1991.19.20 Sec. 28. Minnesota Statutes 1994, section 115A.961, 19.21 subdivision 2, is amended to read: 19.22 Subd. 2. [PROGRAM.] (a) The director, in consultation with 19.23 other state agencies, political subdivisions, and 19.24 representatives of the household battery industry, may develop 19.25 household battery programs. The director must coordinate the19.26 programs with the legislative commission on Minnesota resources19.27 study on batteries.19.28 (b) The director shall investigate options and develop 19.29 guidelines for collection, processing, and disposal of household 19.30 batteries. The options the director may investigate include: 19.31 (1) establishing a grant program for counties to plan and 19.32 implement household battery collection, processing, and disposal 19.33 projects; 19.34 (2) establishing collection and transportation systems; 19.35 (3) developing and disseminating educational materials 19.36 regarding environmentally sound battery management; and 19.37 (4) developing markets for materials recovered from the 20.1 batteries. 20.2 (c) The director may also distribute funds to political 20.3 subdivisions to develop battery management plans and implement 20.4 those plans. 20.5 Sec. 29. Minnesota Statutes 1994, section 115A.9651, 20.6 subdivision 2, is amended to read: 20.7 Subd. 2. [TEMPORARY EXEMPTION.] (a) An item listed in 20.8 subdivision 1 is exempt from this section until July 1, 1997, if 20.9 the manufacturer of the item submits to the commissioner a 20.10 written request for an exemption by August 1, 1994. The request 20.11 must include at least: 20.12 (1) an explanation of why compliance is not technically 20.13 feasible at the time of the request; 20.14 (2) how the manufacturer will comply by July 1, 1997; and 20.15 (3) the name, address, and telephone number of a person the 20.16 commissioner can contact for further information. 20.17 (b) By September 1, 1994, a person who uses an item listed 20.18 in subdivision 1, into which one of the listed metals has been 20.19 intentionally introduced, may submit, on behalf of the 20.20 manufacturer, a request for temporary exemption only if the 20.21 manufacturer fails to submit an exemption request as provided in 20.22 paragraph (a). The request must include: 20.23 (1) an explanation of why the person must continue to use 20.24 the item and a discussion of potential alternatives; 20.25 (2) an explanation of why it is not technically feasible at 20.26 the time of the request to formulate or manufacture the item 20.27 without intentionally introducing a listed metal; 20.28 (3) that the person will seek alternatives to using the 20.29 item by July 1, 1997, if it still contains an intentionally 20.30 introduced listed metal; and 20.31 (4) the name, address, and telephone number of a person the 20.32 commissioner can contact for further information. 20.33 (c) A person who submits a request for temporary exemption 20.34 under paragraph (b) may submit a request for a temporary 20.35 exemption after September 1, 1994, for an item that the person 20.36 will use as an alternative to the item for which the request was 21.1 originally made as long as the new item has a total 21.2 concentration level of all the listed metals that is 21.3 significantly less than in the original item. An exemption 21.4 under this paragraph expires July 1, 1997, and the person who 21.5 requests it must submit the progress description required in 21.6 paragraph (e). 21.7 (d) By October 1, 1994, and annually thereafter if requests21.8 are received under paragraph (c), the commissioner shall submit21.9 to the legislative commission on waste management a list of21.10 manufacturers and persons that have requested an exemption under21.11 this subdivision and the items for which exemptions were sought,21.12 along with copies of the requests.21.13 (e)By July 1, 1996, each manufacturer on the list shall 21.14 submit to the commissioner a description of the progress the 21.15 manufacturer has made toward compliance with subdivision 1, and 21.16 the date compliance has been achieved or the date on or before 21.17 July 1, 1997, by which the manufacturer anticipates achieving 21.18 compliance. By July 1, 1996, each person who has requested an 21.19 exemption under paragraph (b) or (c) shall submit to the 21.20 commissioner: 21.21 (1) a description of progress made to eliminate the listed 21.22 metal or metals from the item or progress made by the person to 21.23 find a replacement item that does not contain an intentionally 21.24 introduced listed metal; and 21.25 (2) the date or anticipated date the item is or will be 21.26 free of intentionally introduced metals or the date the person 21.27 has stopped or will stop using the item. 21.28 By October 1, 1996, the commissioner shall submit to the 21.29 legislative commissionappropriate committees of the house of 21.30 representatives and the senate a summary of the progress made by 21.31 the manufacturers and other persons and any recommendations for 21.32 appropriate legislative or other action to ensure that products 21.33 are not distributed in the state after July 1, 1997, that 21.34 violate subdivision 1. 21.35 Sec. 30. Minnesota Statutes 1994, section 115A.97, 21.36 subdivision 5, is amended to read: 22.1 Subd. 5. [PLANS; REPORT.] A county solid waste plan, or 22.2 revision of a plan, that includes incineration of mixed 22.3 municipal solid waste must clearly state how the county plans to 22.4 meet the goals in subdivision 1 of reducing the toxicity and 22.5 quantity of incinerator ash and of reducing the quantity of 22.6 processing residuals that require disposal. The director, in 22.7 cooperation with the agency, the counties, and the metropolitan 22.8 council, may develop guidelines for counties to use to identify 22.9 ways to meet the goals in subdivision 1. 22.10 The director, in cooperation with the agency, the counties, 22.11 and the metropolitan council, shall develop and propose 22.12 statewide goals and timetables for the reduction of the 22.13 noncombustible fraction of mixed municipal solid waste prior to 22.14 incineration or processing into refuse-derived fuel and for the 22.15 reduction of the toxicity of the incinerator ash. By January 1,22.16 1990, the director shall report to the legislative commission on22.17 waste management on the proposal goals and timetables with22.18 recommendations for their implementation.22.19 Sec. 31. Minnesota Statutes 1994, section 115A.97, 22.20 subdivision 6, is amended to read: 22.21 Subd. 6. [PERMITS; AGENCY REPORT.] An application for a 22.22 permit to build or operate a mixed municipal solid waste 22.23 incinerator, including an application for permit renewal, must 22.24 clearly state how the applicant will achieve the goals in 22.25 subdivision 1 of reducing the toxicity and quantity of 22.26 incinerator ash and of reducing the quantity of processing 22.27 residuals that require disposal. The agency, in cooperation 22.28 with the director, the counties, and the metropolitan council, 22.29 may develop guidelines for applicants to use to identify ways to 22.30 meet the goals in subdivision 1. 22.31 If, by January 1, 1990, the rules required by subdivision 322.32 are not in at least final draft form, the agency shall report to22.33 the legislative commission on waste management on the status of22.34 current incinerator ash management programs with recommendations22.35 for specific legislation to meet the goals of subdivision 1.22.36 Sec. 32. Minnesota Statutes 1994, section 115B.20, 23.1 subdivision 2, is amended to read: 23.2 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 23.3 to appropriation by the legislature the money in the account may 23.4 be spent for any of the following purposes: 23.5 (1) preparation by the agency and the commissioner of 23.6 agriculture for taking removal or remedial action under section 23.7 115B.17, or under chapter 18D, including investigation, 23.8 monitoring and testing activities, enforcement and compliance 23.9 efforts relating to the release of hazardous substances, 23.10 pollutants or contaminants under section 115B.17 or 115B.18, or 23.11 chapter 18D; 23.12 (2) removal and remedial actions taken or authorized by the 23.13 agency or the commissioner of the pollution control agency under 23.14 section 115B.17, or taken or authorized by the commissioner of 23.15 agriculture under chapter 18D including related enforcement and 23.16 compliance efforts under section 115B.17 or 115B.18, or chapter 23.17 18D, and payment of the state share of the cost of remedial 23.18 action which may be carried out under a cooperative agreement 23.19 with the federal government pursuant to the Federal Superfund 23.20 Act, under United States Code, title 42, section 9604(c)(3) for 23.21 actions related to facilities other than commercial hazardous 23.22 waste facilities located under the siting authority of chapter 23.23 115A; 23.24 (3) reimbursement to any private person for expenditures 23.25 made before July 1, 1983, to provide alternative water supplies 23.26 deemed necessary by the agency or the commissioner of 23.27 agriculture and the department of health to protect the public 23.28 health from contamination resulting from the release of a 23.29 hazardous substance; 23.30 (4) removal and remedial actions taken or authorized by the 23.31 agency or the commissioner of agriculture or the pollution 23.32 control agency under section 115B.17, or chapter 18D, including 23.33 related enforcement and compliance efforts under section 115B.17 23.34 or 115B.18, or chapter 18D, and payment of the state share of 23.35 the cost of remedial action which may be carried out under a 23.36 cooperative agreement with the federal government pursuant to 24.1 the Federal Superfund Act, under United States Code, title 42, 24.2 section 9604(c)(3) for actions related to commercial hazardous 24.3 waste facilities located under the siting authority of chapter 24.4 115A; 24.5 (5) compensation as provided by law, after submission by 24.6 the office of waste management of the report required under 24.7 section 115A.08, subdivision 5, to mitigate any adverse impact 24.8 of the location of commercial hazardous waste processing or 24.9 disposal facilities located pursuant to the siting authority of 24.10 chapter 115A; 24.11 (6) planning and implementation by the commissioner of 24.12 natural resources of the rehabilitation, restoration, or 24.13 acquisition of natural resources to remedy injuries or losses to 24.14 natural resources resulting from the release of a hazardous 24.15 substance; 24.16 (7) inspection, monitoring, and compliance efforts by the 24.17 agency, or by political subdivisions with agency approval, of 24.18 commercial hazardous waste facilities located under the siting 24.19 authority of chapter 115A; 24.20 (8) grants by the agency or the office of waste management 24.21 to demonstrate alternatives to land disposal of hazardous waste 24.22 including reduction, separation, pretreatment, processing and 24.23 resource recovery, for education of persons involved in 24.24 regulating and handling hazardous waste; 24.25 (9) intervention and environmental mediation by the24.26 legislative commission on waste management under chapter 115A;24.27 and24.28 (10)grants by the agency to study the extent of 24.29 contamination and feasibility of cleanup of hazardous substances 24.30 and pollutants or contaminants in major waterways of the state; 24.31 (11)(10) acquisition of a property interest under section 24.32 115B.17, subdivision 15; 24.33 (12)(11) reimbursement, in an amount to be determined by 24.34 the agency in each case, to a political subdivision that is not 24.35 a responsible person under section 115B.03, for reasonable and 24.36 necessary expenditures resulting from an emergency caused by a 25.1 release or threatened release of a hazardous substance, 25.2 pollutant, or contaminant; and 25.3 (13)(12) reimbursement to a political subdivision for 25.4 expenditures in excess of the liability limit under section 25.5 115B.04, subdivision 4. 25.6 Sec. 33. Minnesota Statutes 1994, section 115B.20, 25.7 subdivision 5, is amended to read: 25.8 Subd. 5. [RECOMMENDATION.] The legislative commission on25.9 waste management andThe commissioner of agriculture shall make 25.10 recommendations to the standing legislative committees on 25.11 finance and appropriationsways and means regarding 25.12 appropriations from the account. 25.13 Sec. 34. Minnesota Statutes 1994, section 115B.20, 25.14 subdivision 6, is amended to read: 25.15 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 25.16 commissioner of agriculture and the agency shall submit to the 25.17 senate finance committee, the house ways and means committee, 25.18 the environmental quality board, and the legislative water 25.19 commission , and the legislative commission on waste managementa 25.20 report detailing the activities for which money from the account 25.21 has been spent during the previous fiscal year. 25.22 Sec. 35. Minnesota Statutes 1994, section 116C.712, 25.23 subdivision 5, is amended to read: 25.24 Subd. 5. [ASSESSMENT.] (a) A person, firm, corporation, or 25.25 association in the business of owning or operating a nuclear 25.26 fission electrical generating plant in this state shall pay an 25.27 assessment to cover the cost of: 25.28 (1) monitoring the federal high-level radioactive waste 25.29 program under the Nuclear Waste Policy Act, United States Code, 25.30 title 42, sections 10101 to 10226; 25.31 (2) advising the governor and the legislature on policy 25.32 issues relating to the federal high-level radioactive waste 25.33 disposal program; 25.34 (3) surveying existing literature and activity relating to 25.35 radioactive waste management, including storage, transportation, 25.36 and disposal, in the state; 26.1 (4) an advisory task force on low-level radioactive waste 26.2 deregulation, created by a law enacted in 1990 until July 1, 26.3 1996; and 26.4 (5) other general studies necessary to carry out the 26.5 purposes of this subdivision. 26.6 The assessment must not be more than the appropriation to 26.7 the office of strategic and long-range planning for these 26.8 purposes. 26.9 (b) The office shall bill the owner or operator of the 26.10 plant for the assessment at least 30 days before the start of 26.11 each quarter. The assessment for the second quarter of each 26.12 fiscal year must be adjusted to compensate for the amount by 26.13 which actual expenditures by the office for the preceding year 26.14 were more or less than the estimated expenditures previously 26.15 assessed. The billing may be made as an addition to the 26.16 assessments made under section 116C.69. The owner or operator 26.17 of the plant must pay the assessment within 30 days after 26.18 receipt of the bill. The assessment must be deposited in the 26.19 state treasury and credited to the special revenue fund. 26.20 (c) The authority for this assessment terminates when the 26.21 department of energy eliminates Minnesota from further siting 26.22 consideration for high-level radioactive waste by starting 26.23 construction of a high-level radioactive waste disposal site in 26.24 another state. The assessment required for any quarter must be 26.25 reduced by the amount of federal grant money received by the 26.26 office of strategic and long-range planning for the purposes 26.27 listed in this section. 26.28 (d) The director of the office of strategic and long-range26.29 planning must report annually by July 1 to the legislative26.30 commission on waste management on activities assessed under26.31 paragraph (a).26.32 Sec. 36. Minnesota Statutes 1994, section 116J.555, 26.33 subdivision 2, is amended to read: 26.34 Subd. 2. [APPLICATION CYCLES; REPORTING TO LCWM.] (a) In 26.35 making grants, the commissioner shall establish regular 26.36 application deadlines in which grants will be authorized from 27.1 all or part of the available appropriations of money in the 27.2 account. 27.3 (b) After each cycle in which grants are awarded, the 27.4 commissioner shall report to the legislative commission on waste27.5 managementappropriate committees of the house of 27.6 representatives and the senate the grants awarded and 27.7 appropriate supporting information describing each grant made. 27.8 This report must be made within 30 days after the grants are 27.9 awarded. 27.10 (c) The commissioner shall annually report to the 27.11 legislative commissioncommittees on the status of the cleanup 27.12 projects undertaken under grants made under the programs. The 27.13 commissioner shall include in the annual report information on 27.14 the cleanup and development activities undertaken for the grants 27.15 made in that and previous fiscal years. The commissioner shall 27.16 make this report no later than 120 days after the end of the 27.17 fiscal year. 27.18 Sec. 37. Minnesota Statutes 1994, section 256.9352, 27.19 subdivision 3, is amended to read: 27.20 Subd. 3. [FINANCIAL MANAGEMENT.] (a) The commissioner 27.21 shall manage spending for the MinnesotaCare program in a manner 27.22 that maintains a minimum reserve equal to five percent of the 27.23 expected cost of state premium subsidies. The commissioner must 27.24 make a quarterly assessment of the expected expenditures for the 27.25 covered services for the remainder of the current fiscal year 27.26 and for the following two fiscal years. The estimated 27.27 expenditure shallmust be compared to an estimate of the 27.28 revenues that will be deposited in the health care access fund. 27.29 Based on this comparison, and after consulting with the chairs 27.30 of the house ways and means committee and the senate finance 27.31 committee, and the legislative commission on health care access,27.32 the commissioner shall make adjustments as necessary to ensure 27.33 that expenditures remain within the limits of available 27.34 revenues. The adjustments the commissioner may use must be 27.35 implemented in this order: first, stop enrollment of single 27.36 adults and households without children; second, upon 45 days' 28.1 notice, stop coverage of single adults and households without 28.2 children already enrolled in the MinnesotaCare program; third, 28.3 upon 90 days' notice, decrease the premium subsidy amounts by 28.4 ten percent for families with gross annual income above 200 28.5 percent of the federal poverty guidelines; fourth, upon 90 days' 28.6 notice, decrease the premium subsidy amounts by ten percent for 28.7 families with gross annual income at or below 200 percent; and 28.8 fifth, require applicants to be uninsured for at least six 28.9 months prior to eligibility in the MinnesotaCare program. If 28.10 these measures are insufficient to limit the expenditures to the 28.11 estimated amount of revenue, the commissioner may further limit 28.12 enrollment or decrease premium subsidies. 28.13 The reserve referred to in this subdivision is appropriated 28.14 to the commissioner but may only be used upon approval of the 28.15 commissioner of finance, if estimated costs will exceed the 28.16 forecasted amount of available revenues after all adjustments 28.17 authorized under this subdivision have been made. 28.18 By February 1, 1995, the department of human services and28.19 the department of health shall develop a plan to adjust benefit28.20 levels, eligibility guidelines, or other steps necessary to28.21 ensure that expenditures for the MinnesotaCare program are28.22 contained within the two percent taxes imposed under section28.23 295.52 and the gross premiums tax imposed under section 60A.15,28.24 subdivision 1, paragraph (e), for fiscal year 1997.28.25 (b) Notwithstanding paragraph (a), the commissioner shall 28.26 proceed with the enrollment of single adults and households 28.27 without children in accordance with section 256.9354, 28.28 subdivision 5, paragraph (a), even if the expenditures do not 28.29 remain within the limits of available revenues through fiscal 28.30 year 1997 to allow the departments of human services and health 28.31 to develop the plan required under paragraph (a). 28.32 Sec. 38. Minnesota Statutes 1994, section 256B.431, 28.33 subdivision 2i, is amended to read: 28.34 Subd. 2i. [OPERATING COSTS AFTER JULY 1, 1988.] (a) 28.35 [OTHER OPERATING COST LIMITS.] For the rate year beginning July 28.36 1, 1988, the commissioner shall increase the other operating 29.1 cost limits established in Minnesota Rules, part 9549.0055, 29.2 subpart 2, item E, to 110 percent of the median of the array of 29.3 allowable historical other operating cost per diems and index 29.4 these limits as in Minnesota Rules, part 9549.0056, subparts 3 29.5 and 4. The limits must be established in accordance with 29.6 subdivision 2b, paragraph (d). For rate years beginning on or 29.7 after July 1, 1989, the adjusted other operating cost limits 29.8 must be indexed as in Minnesota Rules, part 9549.0056, subparts 29.9 3 and 4. For the rate period beginning October 1, 1992, and for 29.10 rate years beginning after June 30, 1993, the amount of the 29.11 surcharge under section 256.9657, subdivision 1, shall be 29.12 included in the plant operations and maintenance operating cost 29.13 category. The surcharge shall be an allowable cost for the 29.14 purpose of establishing the payment rate. 29.15 (b) [CARE-RELATED OPERATING COST LIMITS.] For the rate 29.16 year beginning July 1, 1988, the commissioner shall increase the 29.17 care-related operating cost limits established in Minnesota 29.18 Rules, part 9549.0055, subpart 2, items A and B, to 125 percent 29.19 of the median of the array of the allowable historical case mix 29.20 operating cost standardized per diems and the allowable 29.21 historical other care-related operating cost per diems and index 29.22 those limits as in Minnesota Rules, part 9549.0056, subparts 1 29.23 and 2. The limits must be established in accordance with 29.24 subdivision 2b, paragraph (d). For rate years beginning on or 29.25 after July 1, 1989, the adjusted care-related limits must be 29.26 indexed as in Minnesota Rules, part 9549.0056, subparts 1 and 2. 29.27 (c) [SALARY ADJUSTMENT PER DIEM.] For the rate period 29.28 October 1, 1988, to June 30, 1990, the commissioner shall add 29.29 the appropriate salary adjustment per diem calculated in clause 29.30 (1) or (2) to the total operating cost payment rate of each 29.31 nursing facility. The salary adjustment per diem for each 29.32 nursing facility must be determined as follows: 29.33 (1) for each nursing facility that reports salaries for 29.34 registered nurses, licensed practical nurses, and aides, 29.35 orderlies and attendants separately, the commissioner shall 29.36 determine the salary adjustment per diem by multiplying the 30.1 total salaries, payroll taxes, and fringe benefits allowed in 30.2 each operating cost category, except management fees and 30.3 administrator and central office salaries and the related 30.4 payroll taxes and fringe benefits, by 3.5 percent and then 30.5 dividing the resulting amount by the nursing facility's actual 30.6 resident days; and 30.7 (2) for each nursing facility that does not report salaries 30.8 for registered nurses, licensed practical nurses, aides, 30.9 orderlies, and attendants separately, the salary adjustment per 30.10 diem is the weighted average salary adjustment per diem increase 30.11 determined under clause (1). 30.12 Each nursing facility that receives a salary adjustment per 30.13 diem pursuant to this subdivision shall adjust nursing facility 30.14 employee salaries by a minimum of the amount determined in 30.15 clause (1) or (2). The commissioner shall review allowable 30.16 salary costs, including payroll taxes and fringe benefits, for 30.17 the reporting year ending September 30, 1989, to determine 30.18 whether or not each nursing facility complied with this 30.19 requirement. The commissioner shall report the extent to which30.20 each nursing facility complied with the legislative commission30.21 on long-term care by August 1, 1990.30.22 (d) [NEW BASE YEAR.] The commissioner shall establish new 30.23 base years for both the reporting year ending September 30, 30.24 1989, and the reporting year ending September 30, 1990. In 30.25 establishing new base years, the commissioner must take into 30.26 account: 30.27 (1) statutory changes made in geographic groups; 30.28 (2) redefinitions of cost categories; and 30.29 (3) reclassification, pass-through, or exemption of certain 30.30 costs such as public employee retirement act contributions. 30.31 (e) [NEW BASE YEAR.] The commissioner shall establish a 30.32 new base year for the reporting years ending September 30, 1991, 30.33 and September 30, 1992. In establishing a new base year, the 30.34 commissioner must take into account: 30.35 (1) statutory changes made in geographic groups; 30.36 (2) redefinitions of cost categories; and 31.1 (3) reclassification, pass-through, or exemption of certain 31.2 costs. 31.3 Sec. 39. Minnesota Statutes 1994, section 473.846, is 31.4 amended to read: 31.5 473.846 [REPORT TO LEGISLATURE.] 31.6 The agency and metropolitan council shall submit to the 31.7 senate finance committee ,and the house ways and means committee 31.8 , and the legislative commission on waste managementseparate 31.9 reports describing the activities for which money from the 31.10 landfill abatement account and contingency action trust fund has 31.11 been spent. The agency shall report by November 1 of each year 31.12 on expenditures during its previous fiscal year. The council 31.13 shall report on expenditures during the previous calendar year 31.14 and must incorporate its report in the report required by 31.15 section 473.149, due July 1 of each year. The council shall 31.16 make recommendations to the legislative commission on waste31.17 managementcommittees on the future management and use of the 31.18 metropolitan landfill abatement account. 31.19 Sec. 40. [REPEALER.] 31.20 (a) Minnesota Statutes 1994, sections 3.841; 3.842; 3.843; 31.21 3.844; 3.845; 3.861; 3.887; 3.9222; 3.9227; 14.115, subdivision 31.22 8; 62J.04, subdivision 4; 62J.07; 62N.24; 103B.351; 115A.03, 31.23 subdivision 16; 115A.08; 115A.14; 115A.29; 115A.38; 115A.411; 31.24 115A.913, subdivision 5; 115A.9157, subdivision 4; 115A.965, 31.25 subdivision 7; 115A.981, subdivision 3; 115B.20, subdivision 6; 31.26 115B.22, subdivision 8; 115B.43, subdivision 4; 116P.05, 31.27 subdivision 1; 256B.504; 473.149, subdivisions 2c and 6; 31.28 473.845, subdivision 4; and 473.848, subdivision 4, are repealed 31.29 effective June 30, 1996. 31.30 (b) Minnesota Statutes 1994, section 3.873, is repealed 31.31 effective June 30, 1997. 31.32 Sec. 41. [EFFECTIVE DATES.] 31.33 Sections 1 to 39 are effective June 30, 1996. 31.34 ARTICLE 2 31.35 MINNESOTA RESOURCES 31.36 Section 1. Minnesota Statutes 1994, section 4.071, 32.1 subdivision 2, is amended to read: 32.2 Subd. 2. [MINNESOTA RESOURCES PROJECTS.] The legislature 32.3 intends to appropriate one-half of the oil overcharge money for 32.4 projects that have been reviewed and recommended by the 32.5 legislative commission ondivision of Minnesota resources. A 32.6 work plan must be prepared for each proposed project for review 32.7 by the commissiondivision. The commissiondivision must 32.8 recommend specific projects to the legislature. 32.9 Sec. 2. Minnesota Statutes 1994, section 84.0274, 32.10 subdivision 7, is amended to read: 32.11 Subd. 7. [DISCLOSURE.] When the state proposes to purchase 32.12 lands for natural resources purposes, the landowner shallmust 32.13 be given a written statement in lay terms of the rights and 32.14 responsibilities provided for in subdivisions 5 and 6. Before a 32.15 purchase can be made, the landowner must sign a statement 32.16 acknowledging in writing that the statement has been provided 32.17 and explained to the landowner. Within 60 days following the 32.18 date of final approval of Laws 1980, Chapter 45B, the 32.19 commissioner of natural resources shall submit a proposed form 32.20 for the statement to the legislative commission ondivision of 32.21 Minnesota resources. The commissiondivision shall review the 32.22 proposed form for compliance with the intent of this section and 32.23 shallmake any changes whichit deems proper. 32.24 Sec. 3. Minnesota Statutes 1994, section 85.019, 32.25 subdivision 2, is amended to read: 32.26 Subd. 2. [GRANTS FOR PARKS AND TRAILS.] The commissioner 32.27 shall administer a program to provide grants to units of 32.28 government located within standard metropolitan statistical 32.29 areas, as designated by the United States Office of Management 32.30 and Budget, but outside of the metropolitan area defined in 32.31 section 473.121. The grants shall be for acquisition and 32.32 betterment by units of government of public land and 32.33 improvements needed for parks, trails, conservatories, zoos, and 32.34 other special use facilities having recreational significance 32.35 for the entire population of the particular standard 32.36 metropolitan statistical area. Appropriations made for this 33.1 purpose shall be expended with the approval of the governor 33.2 after consultation with the legislative advisory commission. 33.3 The legislative commission ondivision of Minnesota resources 33.4 shall make recommendations to the legislative advisory 33.5 commission regarding the expenditures. The local contribution 33.6 required shall be not less than ten percent. The program shall33.7 must be administered so as to ensure the maximum possible use of 33.8 available federal money. 33.9 Sec. 4. Minnesota Statutes 1994, section 86.72, 33.10 subdivision 2, is amended to read: 33.11 Subd. 2. Money appropriated from the account shallmust be 33.12 expended for state land acquisition and development that is part 33.13 of a natural resources acceleration activity, when the 33.14 acquisition and development is deemed to be of an emergency or 33.15 critical nature. In addition this money is available for 33.16 studies initiated by the legislative commission ondivision of 33.17 Minnesota resources that are found to be proper in order for the 33.18 commission to carry out its legislative charge. 33.19 Sec. 5. Minnesota Statutes 1994, section 86.72, 33.20 subdivision 3, is amended to read: 33.21 Subd. 3. Requests for allocation from the account for 33.22 acquisition or development shallmust be accompanied by a 33.23 certificate signed by the commissioner of natural resources, 33.24 showing a review of the application against chapter 86A. Copies 33.25 of the certification shallmust be submitted to the appropriate 33.26 legislative committees and commissions. Appropriations from the 33.27 account shall be expended with the approval of the governor 33.28 after consultation with the legislative advisory commission. 33.29 The legislative commission ondivision of Minnesota resources 33.30 shall make recommendations to the legislative advisory 33.31 commission regarding the expenditures. 33.32 Sec. 6. Minnesota Statutes 1994, section 89.022, 33.33 subdivision 2, is amended to read: 33.34 Subd. 2. The commissioner of natural resources may apply 33.35 to the legislative commission ondivision of Minnesota resources 33.36 for an exemption from the exchange or sale requirements of 34.1 subdivision 1 in instances where it can be demonstrated that 34.2 unique recreational, historical or scientific values would be 34.3 destroyed by the exchange or sale of tillable land or a farm 34.4 homestead. Exemptions shallmust be decided by the commission34.5 division on an individual basis. If the application for 34.6 exemption is not decided by the commissiondivision within 90 34.7 days, the application shall beis deemed to have been denied. 34.8 Sec. 7. Minnesota Statutes 1994, section 103A.43, is 34.9 amended to read: 34.10 103A.43 [WATER ASSESSMENTS AND REPORTS.] 34.11 (a) The environmental quality board shall evaluate and 34.12 report to the legislative water commission andthe legislative34.13 commission ondivision of Minnesota resources on statewide water 34.14 research needs and recommended priorities for addressing these 34.15 needs. Local water research needs may also be included. 34.16 (b) The environmental quality board shall coordinate a 34.17 biennial assessment of water quality, groundwater degradation 34.18 trends, and efforts to reduce, prevent, minimize, and eliminate 34.19 degradation of water. 34.20 (c) The environmental quality board shall coordinate an 34.21 assessment of the quantity of surface and ground water in the 34.22 state and the availability of water to meet the state's needs. 34.23 (d) The environmental quality board shall coordinate and 34.24 submit a report on water policy to the legislative water34.25 commission andthe legislative commission ondivision of 34.26 Minnesota resources by September 15 of each even-numbered year. 34.27 The report may include the groundwater policy report in section 34.28 103A.204. 34.29 Sec. 8. Minnesota Statutes 1994, section 103B.321, 34.30 subdivision 1, is amended to read: 34.31 Subdivision 1. [GENERAL.] The board shall: 34.32 (1) develop guidelines for the contents of comprehensive 34.33 water plans that provide for a flexible approach to meeting the 34.34 different water and related land resources needs of counties and 34.35 watersheds across the state; 34.36 (2) coordinate assistance of state agencies to counties and 35.1 other local units of government involved in preparation of 35.2 comprehensive water plans, including identification of pertinent 35.3 data and studies available from the state and federal 35.4 government; 35.5 (3) conduct an active program of information and education 35.6 concerning the requirements and purposes of sections 103B.301 to 35.7 103B.355 in conjunction with the association of Minnesota 35.8 counties; 35.9 (4) determine contested cases under section 103B.345; 35.10 (5) establish a process for review of comprehensive water 35.11 plans that assures the plans are consistent with state law; 35.12 (6) report to the legislative commission ondivision of 35.13 Minnesota resources as required by section 103B.351; and 35.14 (7) make grants to counties for comprehensive local water 35.15 planning, implementation of priority actions identified in 35.16 approved plans, and sealing of abandoned wells. 35.17 Sec. 9. Minnesota Statutes 1994, section 116P.02, is 35.18 amended to read: 35.19 116P.02 [DEFINITIONS.] 35.20 Subdivision 1. [APPLICABILITY.] The definitions in this 35.21 section apply to sections 116P.01 to 116P.13. 35.22 Subd. 2. [ADVISORY COMMITTEE.] "Advisory committee" means 35.23 the advisory committee created in section 116P.06. 35.24 Subd. 3. [BOARD.] "Board" means the state board of 35.25 investment. 35.26 Subd. 4. [ COMMISSIONDIVISION.] "Commission""Division" 35.27 means the legislative commission ondivision of Minnesota 35.28 resources. 35.29 Subd. 5. [NATURAL RESOURCES.] "Natural resources" includes 35.30 the outdoor recreation system under section 86A.04 and regional 35.31 recreation open space systems as defined under section 473.351, 35.32 subdivision 1. 35.33 Subd. 6. [TRUST FUND.] "Trust fund" means the Minnesota 35.34 environment and natural resources trust fund established under 35.35 Minnesota Constitution, article XI, section 14. 35.36 Sec. 10. Minnesota Statutes 1994, section 116P.03, is 36.1 amended to read: 36.2 116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 36.3 (a) The trust fund may not be used as a substitute for 36.4 traditional sources of funding environmental and natural 36.5 resources activities, but the trust fund shallmust supplement 36.6 the traditional sources, including those sources used to support 36.7 the criteria in section 116P.08, subdivision 1. The trust fund 36.8 must be used primarily to support activities whose benefits 36.9 become available only over an extended period of time. 36.10 (b) The commission mustdivision shall determine the amount 36.11 of the state budget spent from traditional sources to fund 36.12 environmental and natural resources activities before and after 36.13 the trust fund is established and include a comparison of the 36.14 amount in the report under section 116P.09, subdivision 7. 36.15 Sec. 11. Minnesota Statutes 1994, section 116P.05, is 36.16 amended by adding a subdivision to read: 36.17 Subd. 1a. [DIVISION OF MINNESOTA RESOURCES.] The division 36.18 of Minnesota resources is a division in the office of strategic 36.19 and long-range planning headed by an assistant director 36.20 appointed by the director to serve in the unclassified service. 36.21 A state agency may not apply for money for programs subject to 36.22 the division's approval. 36.23 Sec. 12. Minnesota Statutes 1994, section 116P.05, 36.24 subdivision 2, is amended to read: 36.25 Subd. 2. [DUTIES.] (a) The commissiondivision shall 36.26 recommend a budget plan for expenditures from the environment 36.27 and natural resources trust fund and shall adopt a strategic 36.28 plan as provided in section 116P.08. 36.29 (b) The commissiondivision shall recommend expenditures to 36.30 the legislature from the Minnesota future resources fund under 36.31 section 116P.13. 36.32 (c) It is a condition of acceptance of the appropriations 36.33 made from the Minnesota future resources fund, Minnesota 36.34 environment and natural resources trust fund, and oil overcharge 36.35 money under section 4.071, subdivision 2, that the agency or 36.36 entity receiving the appropriation must submit a work program 37.1 and semiannual progress reports in the form determined by the 37.2 legislative commission ondivision of Minnesota resources. None 37.3 of the money provided may be spent unless the commission37.4 division has approved the pertinent work program. 37.5 (d) The peer review panel created under section 116P.08 37.6 must also review, comment, and report to the commissiondivision 37.7 on research proposals applying for an appropriation from the 37.8 Minnesota resources fund and from oil overcharge money under 37.9 section 4.071, subdivision 2. 37.10 (e) The commissiondivision may adopt operating procedures 37.11 to fulfill its duties under sections 116P.01 to 116P.13. 37.12 Sec. 13. Minnesota Statutes 1994, section 116P.06, is 37.13 amended to read: 37.14 116P.06 [ADVISORY COMMITTEE.] 37.15 Subdivision 1. [MEMBERSHIP.] (a) The governor shall 37.16 appoint an advisory committee of 11 citizen members shall be37.17 appointed by the governorto advise the legislative commission37.18 ondivision of Minnesota resources on project proposals to 37.19 receive funding from the trust fund and the development of 37.20 budget and strategic plans. The governor shall appoint at least 37.21 one member from each congressional district. The governor shall 37.22 appoint the chair. 37.23 (b) The governor's appointees must be confirmed with the 37.24 advice and consent of the senate. The membership terms, 37.25 compensation, removal, and filling of vacancies for citizen 37.26 members of the advisory committee are governed by section 37.27 15.0575. 37.28 Subd. 2. [DUTIES.] (a) The advisory committee shall: 37.29 (1) prepare and submit to the commissiondivision a draft 37.30 strategic plan to guide expenditures from the trust fund; 37.31 (2) review the reinvest in Minnesota program during 37.32 development of the draft strategic plan; 37.33 (3) gather input from the resources congress during 37.34 development of the draft strategic plan; 37.35 (4) advise the commissiondivision on project proposals to 37.36 receive funding from the trust fund; and 38.1 (5) advise the commissiondivision on development of the 38.2 budget plan. 38.3 (b) The advisory committee may review all project proposals 38.4 for funding and may make recommendations to the commission38.5 division on whether the projects: 38.6 (1) meet the standards and funding categories set forth in 38.7 sections 116P.01 to 116P.12; 38.8 (2) duplicate existing federal, state, or local projects 38.9 being conducted within the state; and 38.10 (3) are consistent with the most recent strategic plan 38.11 adopted by the commissiondivision. 38.12 Sec. 14. Minnesota Statutes 1994, section 116P.07, is 38.13 amended to read: 38.14 116P.07 [RESOURCES CONGRESS.] 38.15 The commissiondivision must convene a resources congress 38.16 at least once every biennium and shall develop procedures for 38.17 the congress. The congress must be open to all interested 38.18 individuals. The purpose of the congress is to collect public 38.19 input necessary to allow the commissiondivision, with the 38.20 advice of the advisory committee, to develop a strategic plan to 38.21 guide expenditures from the trust fund. The congress also may 38.22 be convened to receive and review reports on trust fund projects. 38.23 The congress shall also review the reinvest in Minnesota program. 38.24 Sec. 15. Minnesota Statutes 1994, section 116P.08, 38.25 subdivision 3, is amended to read: 38.26 Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) The commission38.27 division shall adopt a strategic plan for making expenditures 38.28 from the trust fund, including identifying the priority areas 38.29 for funding for the next six years. The strategic plan must be 38.30 updated every two years. The plan is advisory only. 38.31 The commissiondivision shall submit the plan, as a 38.32 recommendation, to the house of representatives appropriations38.33 ways and means and senate finance committees by January 1 of 38.34 each odd-numbered year. 38.35 (b) The commissiondivision may accept or modify the draft 38.36 of the strategic plan submitted to it by the advisory committee 39.1 before voting on the plan's adoption. 39.2 Sec. 16. Minnesota Statutes 1994, section 116P.08, 39.3 subdivision 4, is amended to read: 39.4 Subd. 4. [BUDGET PLAN.] (a) Funding may be provided only 39.5 for those projects that meet the categories established in 39.6 subdivision 1. 39.7 (b) Projects submitted to the commissiondivision for 39.8 funding may be referred to the advisory committee for 39.9 recommendation. 39.10 (c) The commissiondivision must adopt a budget plan to 39.11 make expenditures from the trust fund for the purposes provided 39.12 in subdivision 1. The budget plan must be submitted to the 39.13 governor for inclusion in the biennial budget and supplemental 39.14 budget submitted to the legislature. 39.15 (d) Money in the trust fund may not be spent except under 39.16 an appropriation by law. 39.17 Sec. 17. Minnesota Statutes 1994, section 116P.08, 39.18 subdivision 5, is amended to read: 39.19 Subd. 5. [PUBLIC MEETINGS.] All advisory committee and39.20 commissionmeetings must be open to the public. The commission39.21 shall attempt to meet at least once in each of the state's39.22 congressional districts during each biennium.39.23 Sec. 18. Minnesota Statutes 1994, section 116P.08, 39.24 subdivision 6, is amended to read: 39.25 Subd. 6. [PEER REVIEW.] (a) Research proposals must 39.26 include a stated purpose, timeline, potential outcomes, and an 39.27 explanation of the need for the research. All research 39.28 proposals must be reviewed by a peer review panel before 39.29 receiving an appropriation. 39.30 (b) In conducting research proposal reviews, the peer 39.31 review panel shall: 39.32 (1) comment on the methodology proposed and whether it can 39.33 be expected to yield appropriate and useful information and 39.34 data; 39.35 (2) comment on the need for the research and about similar 39.36 existing information available, if any; and 40.1 (3) report to the commissiondivision and advisory 40.2 committee on clauses (1) and (2). 40.3 (c) The peer review panel also must review completed 40.4 research proposals that have received an appropriation and 40.5 comment and report upon whether the project reached the intended 40.6 goals. 40.7 Sec. 19. Minnesota Statutes 1994, section 116P.08, 40.8 subdivision 7, is amended to read: 40.9 Subd. 7. [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 40.10 review panel must consist of at least five members who are 40.11 knowledgeable in general research methods in the areas of 40.12 environment and natural resources. Not more than two members of 40.13 the panel may be employees of state agencies in Minnesota. 40.14 (b) The commissiondivision shall select a chair every two 40.15 years who shall be responsible for convening meetings of the 40.16 panel as often as is necessary to fulfill its duties as 40.17 prescribed in this section. Compensation of panel members is 40.18 governed by section 15.059, subdivision 3. 40.19 Sec. 20. Minnesota Statutes 1994, section 116P.09, is 40.20 amended to read: 40.21 116P.09 [ADMINISTRATION.] 40.22 Subdivision 1. [ADMINISTRATIVE AUTHORITY.] The commission40.23 division may appoint legal and other personnel and consultants 40.24 necessary to carry out functions and duties of the commission40.25 division. Permanent employees shall beare in the unclassified 40.26 service. In addition, the commissiondivision may request staff 40.27 assistance and data from any other agency of state government as 40.28 needed for the execution of the responsibilities of 40.29 the commissiondivision and advisory committee and an agency 40.30 must promptly furnish it. 40.31 Subd. 2. [LIAISON OFFICERS.] The commissiondivision shall 40.32 request each department or agency head of all state agencies 40.33 with a direct interest and responsibility in any phase of 40.34 environment and natural resources to appoint, and the latter 40.35 shall appoint for the agency, a liaison officer who shall work 40.36 closely with the commission and itsdivision staff. 41.1 Subd. 3. [APPRAISAL AND EVALUATION.] The commission41.2 division shall obtain and appraise information available through 41.3 private organizations and groups, utilizing to the fullest 41.4 extent possible studies, data, and reports previously prepared 41.5 or currently in progress by public agencies, private 41.6 organizations, groups, and others, concerning future trends in 41.7 the protection, conservation, preservation, and enhancement of 41.8 the state's air, water, land, forests, fish, wildlife, native 41.9 vegetation, and other natural resources. Any data compiled by 41.10 the commission shalldivision must be made available to any 41.11 standing or interim committee of the legislature upon the 41.12 request of the chair of the respective committee. 41.13 Subd. 4. [PERSONNEL.] Persons who are employed by a state 41.14 agency to work on a project and are paid by an appropriation 41.15 from the trust fund or Minnesota future resources fund are in 41.16 the unclassified civil service, and their continued employment 41.17 is contingent upon the availability of money from the 41.18 appropriation. When the appropriation has been spent, their 41.19 positions must be canceled and the approved complement of the 41.20 agency reduced accordingly. Part-time employment of persons for 41.21 a project is authorized. The use of classified employees is 41.22 authorized when approved as part of the work program required by 41.23 section 116P.05, subdivision 2, paragraph (c). 41.24 Subd. 5. [ADMINISTRATIVE EXPENSE.] The administrative 41.25 expenses of the commission shalldivision must be paid from the 41.26 various funds administered by the commissiondivision as follows: 41.27 (1) Through June 30, 1993, the administrative expenses of 41.28 the commissiondivision and the advisory committee shallmust be 41.29 paid from the Minnesota future resources fund. After that time, 41.30 the prorated expenses related to administration of the trust 41.31 fund shallmust be paid from the earnings of the trust fund. 41.32 (2) After June 30, 1993, the prorated expenses related to 41.33 administration of the trust fund may not exceed an amount equal 41.34 to four percent of the projected earnings of the trust fund for 41.35 the biennium. 41.36 Subd. 6. [CONFLICT OF INTEREST.] A commission member42.1 employee, advisory committee member, or peer review panelist , or42.2 an employee of the commissionmay not participate in or vote on 42.3 a decision of the commissiondivision, advisory committee, or 42.4 peer review panel relating to an organization in which the 42.5 member, panelist, or employee has either a direct or indirect 42.6 personal financial interest. While serving on the legislative42.7 commission,advisory committee ,or peer review panel, or being 42.8 an employee of the commissiondivision, a person shall avoid any 42.9 potential conflict of interest. 42.10 Subd. 7. [REPORT REQUIRED.] The commissiondivision shall, 42.11 by January 15 of each odd-numbered year, submit a report to the 42.12 governor, the chairs of the house appropriationsways and means 42.13 and senate finance committees, and the chairs of the house and 42.14 senate committees on environment and natural resources. Copies 42.15 of the report must be available to the public. The report must 42.16 include: 42.17 (1) a copy of the current strategic plan; 42.18 (2) a description of each project receiving money from the 42.19 trust fund and Minnesota future resources fund during the 42.20 preceding biennium; 42.21 (3) a summary of any research project completed in the 42.22 preceding biennium; 42.23 (4) recommendations to implement successful projects and 42.24 programs into a state agency's standard operations; 42.25 (5) to the extent known by the commissiondivision, 42.26 descriptions of the projects anticipated to be supported by the 42.27 trust fund and Minnesota future resources account during the 42.28 next biennium; 42.29 (6) the source and amount of all revenues collected and 42.30 distributed by the commissiondivision, including all 42.31 administrative and other expenses; 42.32 (7) a description of the assets and liabilities of the 42.33 trust fund and the Minnesota future resources fund; 42.34 (8) any findings or recommendations that are deemed proper 42.35 to assist the legislature in formulating legislation; 42.36 (9) a list of all gifts and donations with a value over 43.1 $1,000; 43.2 (10) a comparison of the amounts spent by the state for 43.3 environment and natural resources activities through the most 43.4 recent fiscal year; and 43.5 (11) a copy of the most recent compliance audit. 43.6 Sec. 21. Minnesota Statutes 1994, section 116P.10, is 43.7 amended to read: 43.8 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 43.9 This section applies to projects supported by the trust 43.10 fund, the Minnesota future resources fund, and the oil 43.11 overcharge money referred to in section 4.071, subdivision 2, 43.12 each of which is referred to in this section as a "fund." The 43.13 fund owns and shall take title to the percentage of a royalty, 43.14 copyright, or patent resulting from a project supported by the 43.15 fund equal to the percentage of the project's total funding 43.16 provided by the fund. Cash receipts resulting from a royalty, 43.17 copyright, or patent, or the sale of the fund's rights to a 43.18 royalty, copyright, or patent, must be credited immediately to 43.19 the principal of the fund. Before a project is included in the 43.20 budget plan, the commissiondivision may vote to relinquish the 43.21 ownership or rights to a royalty, copyright, or patent resulting 43.22 from a project supported by the fund to the project's proposer 43.23 when the amount of the original grant or loan, plus interest, 43.24 has been repaid to the fund. 43.25 Sec. 22. Minnesota Statutes 1994, section 116P.11, is 43.26 amended to read: 43.27 116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 43.28 (a) The amount biennially available from the trust fund for 43.29 the budget plan developed by the commissiondivision consists of 43.30 the earnings generated from the trust fund. Earnings generated 43.31 from the trust fund shallmust equal the amount of interest on 43.32 debt securities and dividends on equity securities. Gains and 43.33 losses arising from the sale of securities shall beare 43.34 apportioned as follows: 43.35 (1) if the sale of securities results in a net gain during 43.36 a fiscal year, the gain shallmust be apportioned in equal 44.1 installments over the next ten fiscal years to offset net losses 44.2 in those years. If any portion of an installment is not needed 44.3 to recover subsequent losses identified in paragraph (b), it 44.4 shallmust be added to the principal of the fund; and 44.5 (2) if the sale of securities results in a net loss during 44.6 a fiscal year, the net loss shallmust be recovered from the 44.7 gains in paragraph (a) apportioned to that fiscal year. If such44.8 the gains are insufficient, any remaining net loss shallmust be 44.9 recovered from interest and dividend income in equal 44.10 installments over the following ten fiscal years. 44.11 (b) For funding projects until fiscal year 1997, the 44.12 following additional amounts are available from the trust fund 44.13 for the budget plans developed by the commissiondivision: 44.14 (1) for the 1991-1993 biennium, up to 25 percent of the 44.15 revenue deposited in the trust fund in fiscal years 1990 and 44.16 1991; 44.17 (2) for the 1993-1995 biennium, up to 20 percent of the 44.18 revenue deposited in the trust fund in fiscal year 1992 and up 44.19 to 15 percent of the revenue deposited in the fund in fiscal 44.20 year 1993; 44.21 (3) for the 1993-1995 biennium, up to 25 percent of the 44.22 revenue deposited in the trust fund in fiscal years 1994 and 44.23 1995, to be expended only for capital investments in parks and 44.24 trails; and 44.25 (4) for the 1995-1997 biennium, up to ten percent of the 44.26 revenue deposited in the fund in fiscal year 1996. 44.27 (c) Any appropriated funds not encumbered in the biennium 44.28 in which they are appropriated cancel and must be credited to 44.29 the principal of the trust fund. 44.30 Sec. 23. Minnesota Statutes 1994, section 116P.12, is 44.31 amended to read: 44.32 116P.12 [WATER SYSTEM IMPROVEMENT LOAN PROGRAM.] 44.33 Subdivision 1. [LOANS AUTHORIZED.] (a) If the principal of 44.34 the trust fund equals or exceeds $200,000,000, the commission44.35 division may vote to set aside up to five percent of the 44.36 principal of the trust fund for water system improvement loans. 45.1 The purpose of water system improvement loans is to offer below 45.2 market rate interest loans to local units of government for the 45.3 purposes of water system improvements. 45.4 (b) The interest on a loan shallmust be calculated on the 45.5 declining balance at a rate four percentage points below the 45.6 secondary market yield of one-year United States treasury bills 45.7 calculated according to section 549.09, subdivision 1, paragraph 45.8 (c). 45.9 (c) An eligible project must prove that existing federal or 45.10 state loans or grants have not been adequate. 45.11 (d) Payments on the principal and interest of loans under 45.12 this section must be credited to the trust fund. 45.13 (e) Repayment of loans made under this section must be 45.14 completed within 20 years. 45.15 (f) The Minnesota public facilities authority must report 45.16 to the commissiondivision each year on the loan program under 45.17 this section. 45.18 Subd. 2. [APPLICATION AND ADMINISTRATION.] (a) The 45.19 commissiondivision must adopt a procedure for the issuance of 45.20 the water system improvement loans by the public facilities 45.21 authority. 45.22 (b) The commissiondivision must also mustensure that the 45.23 loans are administered according to its fiduciary standards and 45.24 requirements. 45.25 Sec. 24. Minnesota Statutes 1994, section 116Q.02, is 45.26 amended to read: 45.27 116Q.02 [STATE RECEIPTS FROM THE FUND.] 45.28 Subdivision 1. [GREAT LAKES PROTECTION ACCOUNT.] Any money 45.29 received by the state from the Great Lakes protection fund, 45.30 whether in the form of annual earnings or otherwise, must be 45.31 deposited in the state treasury and credited to a special Great 45.32 Lakes protection account. Money in the account mustmay be 45.33 spent only as specifically appropriated by law for protecting 45.34 water quality in the Great Lakes. Approved purposes include, 45.35 but are not limited to, supplementing in a stable and 45.36 predictable manner state and federal commitments to Great Lakes 46.1 water quality programs by providing grants to finance projects 46.2 that advance the goals of the regional Great Lakes toxic 46.3 substances control agreement and the binational Great Lakes 46.4 water quality agreement. 46.5 Subd. 2. [ LCMRDMR REVIEW.] The legislature intends not to 46.6 appropriate money from the Great Lakes protection account until 46.7 projects have been reviewed and recommended by the legislative46.8 commission ondivision of Minnesota resources. A work plan must 46.9 be prepared for each project for review by the commission46.10 division. The commissiondivision must recommend specific 46.11 projects to the legislature. 46.12 Sec. 25. Minnesota Statutes 1994, section 290.431, is 46.13 amended to read: 46.14 290.431 [NONGAME WILDLIFE CHECKOFF.] 46.15 Every individual who files an income tax return or property 46.16 tax refund claim form may designate on theirthe individual's 46.17 original return that $1 or more shallmust be added to the tax 46.18 or deducted from the refund that would otherwise be payable by 46.19 or to that individual and paid into an account to be established 46.20 for the management of nongame wildlife. The commissioner of 46.21 revenue shall, on the income tax return and the property tax 46.22 refund claim form, notify filers of their right to designate 46.23 that a portion of their tax or refund shall be paid into the 46.24 nongame wildlife management account. The sum of the amounts so46.25 designated to be paid shallmust be credited to the nongame 46.26 wildlife management account for use by the nongame program of 46.27 the section of wildlife in the department of natural resources. 46.28 All interest earned on money accrued in the nongame wildlife 46.29 management account shallmust be credited to the account by the 46.30 state treasurer. The commissioner of natural resources shall 46.31 submit a work program for each fiscal year and semiannual 46.32 progress reports to the legislative commission ondivision of 46.33 Minnesota resources in the form determined by the commission46.34 division. None of the money provided in this section may be 46.35 expended unless the commissiondivision has approved the work 46.36 program. 47.1 The state pledges and agrees with all contributors to the 47.2 nongame wildlife management account to use the funds contributed 47.3 solely for the management of nongame wildlife projects and 47.4 further agrees that it will not impose additional conditions or 47.5 restrictions that will limit or otherwise restrict the ability 47.6 of the commissioner of natural resources to use the available 47.7 funds for the most efficient and effective management of nongame 47.8 wildlife. 47.9 Sec. 26. Minnesota Statutes 1994, section 290.432, is 47.10 amended to read: 47.11 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 47.12 A corporation that files an income tax return may designate 47.13 on its original return that $1 or more shallmust be added to 47.14 the tax or deducted from the refund that would otherwise be 47.15 payable by or to that corporation and paid into the nongame 47.16 wildlife management account established by section 290.431 for 47.17 use by the section of wildlife in the department of natural 47.18 resources for its nongame wildlife program. The commissioner of 47.19 revenue shall, on the corporate tax return, notify filers of 47.20 their right to designate that a portion of their tax return be 47.21 paid into the nongame wildlife management account for the 47.22 protection of endangered natural resources. All interest earned 47.23 on money accrued in the nongame wildlife management 47.24 account shallmust be credited to the account by the state 47.25 treasurer. The commissioner of natural resources shall submit a 47.26 work program for each fiscal year to the legislative commission47.27 ondivision of Minnesota resources in the form determined by the 47.28 commissiondivision. None of the money provided in this section 47.29 may be spent unless the commission has approved the work program. 47.30 The state pledges and agrees with all corporate 47.31 contributors to the nongame wildlife account to use the funds 47.32 contributed solely for the nongame wildlife program and further 47.33 agrees that it will not impose additional conditions or 47.34 restrictions that will limit or otherwise restrict the ability 47.35 of the commissioner of natural resources to use the available 47.36 funds for the most efficient and effective management of those 48.1 programs. 48.2 Sec. 27. [REPEALER.] 48.3 Minnesota Statutes 1994, section 116P.05, subdivision 1, is 48.4 repealed, effective June 30, 1996. 48.5 Sec. 28. [EFFECTIVE DATE.] 48.6 Sections 1 to 27 are effective July 1, 1996.