HF 1781

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to government finance; modifying provisions for general legislative
and administrative expenses of state government; regulating state and local
government operations; establishing technology development lease-purchase
financing; establishing state appropriation bonds; establishing a statewide
electronic licensing system; requiring local units of government to utilize state
cooperative purchasing; transferring the Environmental Quality Board to the
Pollution Control Agency; requiring a report; appropriating money; amending
Minnesota Statutes 2008, sections 13.7411, subdivision 8; 103A.204; 103B.151,
subdivision 1; 103B.315, subdivision 5; 103F.751; 103G.222, subdivision 1;
103H.151, subdivision 4; 103H.175, subdivision 3; 115A.072, subdivision
1; 115A.32; 116C.02, by adding a subdivision; 116C.04, subdivisions 1, 7;
116C.71, by adding a subdivision; 116F.06, subdivision 2; 116G.03, by adding
a subdivision; 116G.15; 116G.151; 129D.13, subdivisions 1, 3; 129D.14,
subdivisions 4, 5, 6; 137.56; 471.345, subdivision 15; Laws 2007, chapter 148,
article 1, sections 10; 12, subdivision 2; 16, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapters 16A; 16E; 270C; repealing Minnesota
Statutes 2008, sections 13.7411, subdivision 9; 116C.02, subdivision 2; 116C.03,
subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.24, subdivision 2; 116C.71, subdivisions
1c, 2a; 116C.91, subdivision 2; 116F.06, subdivision 2; 116G.03, subdivision
2; 240A.08.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 320,366,000 new text end	new text begin $ new text end	new text begin 313,054,000 new text end	new text begin $ new text end	new text begin 633,420,000 new text end
new text begin Health Care Access new text end		new text begin 1,939,000 new text end		new text begin 1,927,000 new text end		new text begin 3,866,000 new text end
new text begin State Government Special Revenue new text end		new text begin 2,227,000 new text end		new text begin 2,227,000 new text end		new text begin 4,454,000 new text end
new text begin Environmental new text end		new text begin 448,000 new text end		new text begin 448,000 new text end		new text begin 896,000 new text end
new text begin Remediation new text end		new text begin 250,000 new text end		new text begin 250,000 new text end		new text begin 500,000 new text end
new text begin Special Revenue new text end		new text begin 3,839,000 new text end		new text begin 3,839,000 new text end		new text begin 7,678,000 new text end
new text begin Highway User Tax Distribution new text end		new text begin 2,183,000 new text end		new text begin 2,183,000 new text end		new text begin 4,366,000 new text end
new text begin Workers' Compensation new text end		new text begin 7,350,000 new text end		new text begin 7,350,000 new text end		new text begin 14,700,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 338,602,000 new text end	new text begin $ new text end	new text begin 331,278,000 new text end	new text begin $ new text end	new text begin 669,880,000 new text end

Sec. 2. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin LEGISLATURE new text end

new text begin $ new text end

new text begin 65,951,000 new text end

new text begin $ new text end

new text begin 65,951,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 65,773,000 new text end	new text begin 65,773,000 new text end
new text begin Health Care Access new text end	new text begin 178,000 new text end	new text begin 178,000 new text end

Sec. 4. new text begin GOVERNOR AND LIEUTENANT GOVERNOR new text end

new text begin $ new text end

new text begin 3,484,000 new text end

new text begin $ new text end

new text begin 3,484,000 new text end

Sec. 5. new text begin STATE AUDITOR new text end

new text begin $ new text end

new text begin 9,106,000 new text end

new text begin $ new text end

new text begin 9,106,000 new text end

Sec. 6. new text begin ATTORNEY GENERAL new text end

new text begin $ new text end

new text begin 25,235,000 new text end

new text begin $ new text end

new text begin 25,235,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 23,013,000 new text end	new text begin 23,013,000 new text end
new text begin State Government Special Revenue new text end	new text begin 1,827,000 new text end	new text begin 1,827,000 new text end
new text begin Environmental new text end	new text begin 145,000 new text end	new text begin 145,000 new text end
new text begin Remediation new text end	new text begin 250,000 new text end	new text begin 250,000 new text end

Sec. 7. new text begin SECRETARY OF STATE new text end

new text begin $ new text end

new text begin 5,818,000 new text end

new text begin $ new text end

new text begin 5,990,000 new text end

new text begin Any funds available in the account
established in Minnesota Statutes, section
5.30, pursuant to the Help America Vote Act,
are appropriated for the purposes and uses
authorized by federal law.
new text end

Sec. 8. new text begin CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD new text end

new text begin $ new text end

new text begin 698,000 new text end

new text begin $ new text end

new text begin 698,000 new text end

Sec. 9. new text begin INVESTMENT BOARD new text end

new text begin $ new text end

new text begin 151,000 new text end

new text begin $ new text end

new text begin 151,000 new text end

Sec. 10. new text begin OFFICE OF ENTERPRISE TECHNOLOGY new text end

new text begin $ new text end

new text begin 17,483,000 new text end

new text begin $ new text end

new text begin 10,568,000 new text end

new text begin Of this amount, $11,725,000 the first year
and $4,810,000 the second year are for
consolidation of executive branch data center
facilities. These amounts include funds for
development of a detailed migration and
operations plan, for tools to manage the
consolidated data centers, for upgrades to
certain existing facilities, for migration and
consolidation of data center equipment, for
the cost to lease and operate the consolidated
facility during fiscal year 2010 and a portion
of the cost to lease and operate the facility
during fiscal year 2011, and other costs
associated with consolidation of data centers.
The amounts for data center consolidation
are a onetime appropriation.
new text end

Sec. 11. new text begin ADMINISTRATIVE HEARINGS new text end

new text begin $ new text end

new text begin 7,525,000 new text end

new text begin $ new text end

new text begin 7,525,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 275,000 new text end	new text begin 275,000 new text end
new text begin Workers' Compensation new text end	new text begin 7,250,000 new text end	new text begin 7,250,000 new text end

Sec. 12. new text begin ADMINISTRATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 21,376,000 new text end

new text begin $ new text end

new text begin 21,296,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Government and Citizen Services new text end

new text begin 9,182,000 new text end

new text begin 9,102,000 new text end

new text begin (a) $844,000 the first year and $844,000 the
second year are for ongoing support of the
enterprise-wide real property system.
new text end

new text begin (b) $395,000 the first year and $395,000
the second year are for ongoing support
of the small agency resource team which
consolidates and streamlines the human
resources and financial management
activities for small state agencies, boards,
and councils.
new text end

new text begin (c) $802,000 the first year and $802,000
the second year are for the Land
Management Information Center. Of the total
appropriation, $10,000 per year is intended
for preparation of township acreage data in
Laws 2008, chapter 366, article 17, section
7, subdivision 3.
new text end

new text begin (d) $74,000 the first year and $74,000
the second year are for the Council on
Developmental Disabilities.
new text end

new text begin (e) $134,000 the first year and $134,000 the
second year are for a grant to the Council on
Developmental Disabilities for the purpose
of establishing a statewide self-advocacy
network for persons with intellectual and
developmental disabilities (ID/DD). The
self-advocacy network shall: (1) ensure
that persons with ID/DD are informed
of their rights in employment, housing,
transportation, voting, government policy,
and other issues pertinent to the ID/DD
community; (2) provide public education
and awareness of the civil and human
rights issues persons with ID/DD face; (3)
provide funds, technical assistance, and
other resources for self-advocacy groups
across the state; and (4) organize systems of
communications to facilitate an exchange of
information between self-advocacy groups.
new text end

new text begin (f) $250,000 the first year and $170,000 the
second year are to fund activities to prepare
for and promote the 2010 census.
new text end

new text begin (g) $206,000 the first year and $206,000 the
second year are for the Office of the State
Archaeologist.
new text end

new text begin Subd. 3. new text end new text begin Administrative Management Support new text end

new text begin 1,851,000 new text end

new text begin 1,851,000 new text end

new text begin $125,000 the first year and $125,000 the
second year are for ongoing support for
the Office of Grants Management which
facilitates the commissioner's duties under
Minnesota Statutes, sections 16B.97 and
16B.98.
new text end

new text begin Subd. 4. new text end new text begin Fiscal Agent new text end

new text begin 10,343,000 new text end

new text begin 10,343,000 new text end

new text begin (a) $8,388,000 the first year and $8,388,000
the second year are for office space costs of
the legislature and veterans organizations,
for ceremonial space, and for statutorily free
space.
new text end

new text begin (b) $1,161,000 the first year and $1,161,000
the second year are for matching grants for
public television.
new text end

new text begin (c) $200,000 the first year and $200,000
the second year are for public television
equipment grants. Equipment or matching
grant allocations shall be made after
considering the recommendations of the
Minnesota Public Television Association.
new text end

new text begin (d) $17,000 the first year and $17,000 the
second year are for grants to the Twin Cities
regional cable channel.
new text end

new text begin (e) $287,000 the first year and $287,000 the
second year are for community service grants
to public educational radio stations.
new text end

new text begin (f) $100,000 the first year and $100,000
the second year are for equipment grants to
public educational radio stations.
new text end

new text begin (g) The grants in paragraphs (e) and (f)
must be allocated after considering the
recommendations of the Association of
Minnesota Public Educational Radio Stations
under Minnesota Statutes, section 129D.14.
new text end

new text begin (h) $190,000 the first year and $190,000
the second year are for equipment grants to
Minnesota Public Radio, Inc.
new text end

new text begin (i) Any unencumbered balance remaining the
first year for grants to public television or
radio stations does not cancel and is available
for the second year.
new text end

Sec. 13. new text begin CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD new text end

new text begin $ new text end

new text begin 354,000 new text end

new text begin $ new text end

new text begin 354,000 new text end

Sec. 14. new text begin MINNESOTA MANAGEMENT AND BUDGET new text end

new text begin $ new text end

new text begin 20,218,000 new text end

new text begin $ new text end

new text begin 20,218,000 new text end

new text begin $700,000 the first year and $700,000 the
second year are to establish an internal
controls unit and increase oversight of
bonding authorizations.
new text end

Sec. 15. new text begin REVENUE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 125,289,000 new text end

new text begin $ new text end

new text begin 125,277,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 121,042,000 new text end	new text begin 121,042,000 new text end
new text begin Health Care Access new text end	new text begin 1,761,000 new text end	new text begin 1,749,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,183,000 new text end	new text begin 2,183,000 new text end
new text begin Environmental new text end	new text begin 303,000 new text end	new text begin 303,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end new text begin Tax System Management new text end

new text begin 101,603,000 new text end

new text begin 101,591,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 97,356,000 new text end	new text begin 97,356,000 new text end
new text begin Health Care Access new text end	new text begin 1,761,000 new text end	new text begin 1,749,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,183,000 new text end	new text begin 2,183,000 new text end
new text begin Environmental new text end	new text begin 303,000 new text end	new text begin 303,000 new text end

new text begin Subd. 3. new text end new text begin Accounts Receivable Management new text end

new text begin 23,686,000 new text end

new text begin 23,686,000 new text end

Sec. 16. new text begin GAMBLING CONTROL new text end

new text begin $ new text end

new text begin 2,940,000 new text end

new text begin $ new text end

new text begin 2,940,000 new text end

new text begin These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end

Sec. 17. new text begin RACING COMMISSION new text end

new text begin $ new text end

new text begin 899,000 new text end

new text begin $ new text end

new text begin 899,000 new text end

new text begin These appropriations are from the racing
and card playing regulation accounts in the
special revenue fund.
new text end

Sec. 18. new text begin STATE LOTTERY new text end

new text begin Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the operating budget
must not exceed $28,111,000 in fiscal year
2010 and $28,740,000 in fiscal year 2011.
new text end

Sec. 19. new text begin TORT CLAIMS new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin These appropriations are to be spent by the
commissioner of Minnesota Management
and Budget according to Minnesota
Statutes, section 3.736, subdivision 7. If the
appropriation for either year is insufficient,
the appropriation for the other year is
available for it.
new text end

Sec. 20. new text begin MINNESOTA STATE RETIREMENT SYSTEM new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,660,000 new text end

new text begin $ new text end

new text begin 1,671,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Legislators new text end

new text begin 1,200,000 new text end

new text begin 1,200,000 new text end

new text begin Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4;
and 3A.115.
new text end

new text begin Subd. 3. new text end new text begin Constitutional Officers new text end

new text begin 460,000 new text end

new text begin 471,000 new text end

new text begin Under Minnesota Statutes, section 352C.001.
new text end

new text begin If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end

Sec. 21. new text begin MINNEAPOLIS EMPLOYEES RETIREMENT FUND new text end

new text begin $ new text end

new text begin 9,000,000 new text end

new text begin $ new text end

new text begin 9,000,000 new text end

new text begin These amounts are estimated to be needed
under Minnesota Statutes, section 422A.101,
subdivision 3.
new text end

Sec. 22. new text begin TEACHERS RETIREMENT ASSOCIATION new text end

new text begin $ new text end

new text begin 15,454,000 new text end

new text begin $ new text end

new text begin 15,454,000 new text end

new text begin The amounts estimated to be needed are as
follows:
new text end

new text begin (a) Special direct state aid authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c new text end

new text begin 12,954,000 new text end

new text begin 12,954,000 new text end

new text begin (b) Special direct state matching aid authorized under Minnesota Statutes, section 354A.12, subdivision 3b new text end

new text begin 2,500,000 new text end

new text begin 2,500,000 new text end

Sec. 23. new text begin ST. PAUL TEACHERS RETIREMENT FUND new text end

new text begin $ new text end

new text begin 2,827,000 new text end

new text begin $ new text end

new text begin 2,827,000 new text end

new text begin The amounts estimated to be needed for
special direct state aid to first class city
teachers retirement funds authorized under
Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end

Sec. 24. new text begin DULUTH TEACHERS RETIREMENT FUND new text end

new text begin $ new text end

new text begin 346,000 new text end

new text begin $ new text end

new text begin 346,000 new text end

new text begin The amounts estimated to be needed for
special direct state aid to first class city
teachers retirement funds authorized under
Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end

Sec. 25. new text begin AMATEUR SPORTS COMMISSION new text end

new text begin $ new text end

new text begin 270,000 new text end

new text begin $ new text end

new text begin 270,000 new text end

new text begin The amount available for appropriation to
the commission under Laws 2005, chapter
156, article 2, section 43, is reduced in the
first year and the second year by the amounts
appropriated in this section.
new text end

Sec. 26. new text begin COUNCIL ON BLACK MINNESOTANS new text end

new text begin $ new text end

new text begin 316,000 new text end

new text begin $ new text end

new text begin 316,000 new text end

Sec. 27. new text begin COUNCIL ON CHICANO/LATINO AFFAIRS new text end

new text begin $ new text end

new text begin 298,000 new text end

new text begin $ new text end

new text begin 298,000 new text end

Sec. 28. new text begin COUNCIL ON ASIAN-PACIFIC MINNESOTANS new text end

new text begin $ new text end

new text begin 275,000 new text end

new text begin $ new text end

new text begin 275,000 new text end

Sec. 29. new text begin INDIAN AFFAIRS COUNCIL new text end

new text begin $ new text end

new text begin 468,000 new text end

new text begin $ new text end

new text begin 468,000 new text end

Sec. 30. new text begin GENERAL CONTINGENT ACCOUNTS new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 500,000 new text end	new text begin 0 new text end
new text begin State Government Special Revenue new text end	new text begin 400,000 new text end	new text begin 400,000 new text end
new text begin Workers' Compensation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin (a) The appropriations in this section
may only be spent with the approval of
the governor after consultation with the
Legislative Advisory Commission pursuant
to Minnesota Statutes, section 3.30.
new text end

new text begin (b) If an appropriation in this section for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

new text begin (c) If a contingent account appropriation
is made in one fiscal year, it should be
considered a biennial appropriation.
new text end

Sec. 31. new text begin BUDGET RESERVE.
new text end

new text begin On July 1, 2009, the commissioner of Minnesota Management and Budget shall
transfer $250,000,000 to the budget reserve account in the general fund. The amount
necessary for this purpose is appropriated from the general fund.
new text end

Sec. 32. new text begin BALANCE CARRIED FORWARD.
new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.152, subdivision 2, any positive
unrestricted fund balance on June 30, 2009, is carried forward in the general fund into
fiscal year 2010.
new text end

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

new text begin [16A.81] TECHNOLOGY DEVELOPMENT LEASE-PURCHASE
FINANCING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following definitions apply to this section.
new text end

new text begin (a) "Technology system project" means the development, acquisition, installation,
and implementation of a technology system that is essential to state operations and is
expected to have a long useful life.
new text end

new text begin (b) "Lease-purchase agreement" means an agreement for the lease and installment
purchase of a technology system project, or a portion of the project, between the
commissioner, on behalf of the state, and a vendor or a third-party financing source.
new text end

new text begin (c) "Technology development lease-purchase guidelines" means policies, procedures,
and requirements established by the commissioner for technology system projects that are
financed pursuant to a lease-purchase agreement.
new text end

new text begin Subd. 2. new text end

new text begin Lease-purchase financing. new text end

new text begin The commissioner may enter into a
lease-purchase agreement in an amount sufficient to fund a technology system project and
authorize the public or private sale and issuance of certificates of participation, provided
that:
new text end

new text begin (1) the technology system project has been authorized by law to be funded pursuant
to a lease-purchase agreement;
new text end

new text begin (2) the term of the lease-purchase agreement and the related certificates of
participation shall not exceed the lesser of the expected useful life of the technology
system project financed by the lease-purchase agreement and the certificates or ten years
from the date of issuance of the lease-purchase agreement and the certificates;
new text end

new text begin (3) the principal amount of the lease-purchase agreement and the certificates is
sufficient to provide for the costs of issuance, capitalized interest, credit enhancement, or
reserves, if any, as required under the lease-purchase agreement;
new text end

new text begin (4) funds sufficient for payment of lease obligations have been committed in the
authorizing legislation for the technology system project for the fiscal year during which
the lease-purchase agreement is entered into; provided that no lease-purchase agreement
shall obligate the state to appropriate funds sufficient to make lease payments due under
such agreement in any future fiscal year; and
new text end

new text begin (5) planned expenditures for the technology system project are permitted within the
technology development lease-purchase guidelines.
new text end

new text begin Subd. 3. new text end

new text begin Covenants. new text end

new text begin The commissioner may covenant in a lease-purchase
agreement that the state will abide by the terms and provisions that are customary in
lease-purchase financing transactions, including but not limited to, covenants providing
that the state:
new text end

new text begin (1) will maintain insurance as required under the terms of the lease-purchase
agreement;
new text end

new text begin (2) is responsible to the lessor for any public liability or property damage claims or
costs related to the selection, use, or maintenance of the technology system project, to the
extent of insurance or self-insurance maintained by the state, and for costs and expenses
incurred by the lessor as a result of any default by the state; or
new text end

new text begin (3) authorizes the lessor to exercise the rights of a secured party with respect to
the technology system project or any portion of the project in the event of default or
nonappropriation of funds by the state, and for the present recovery of lease payments
due during the current term of the lease-purchase agreement as liquidated damages in
the event of default.
new text end

new text begin Subd. 4. new text end

new text begin Credit and appropriation of proceeds. new text end

new text begin Proceeds of the lease-purchase
agreement and certificates of participation must be credited to a technology lease project
fund in the state treasury. Net income from investment of the proceeds, as estimated by
the commissioner, must be credited to the appropriate accounts in the technology lease
project fund. Funds in the technology lease project fund are appropriated for the purposes
described in the authorizing law for each technology development project and this section.
new text end

new text begin Subd. 5. new text end

new text begin Transfer of funds. new text end

new text begin Before the lease-purchase proceeds are received in the
technology lease project fund, the commissioner may transfer to that fund from the general
fund amounts not exceeding the expected proceeds from the lease-purchase agreement
and certificates of participation. The commissioner shall return these amounts to the
general fund by transferring proceeds when received. The amounts of these transfers are
appropriated from the general fund and from the technology lease project fund.
new text end

new text begin Subd. 6. new text end

new text begin Administrative expenses. new text end

new text begin Actual and necessary travel and subsistence
expenses of employees and all other nonsalary expenses incidental to the sale, printing,
execution, and delivery of the lease-purchase agreement and certificates of participation
may be paid from the lease-purchase proceeds. The lease-purchase proceeds are
appropriated for this purpose.
new text end

new text begin Subd. 7. new text end

new text begin Treatment of technology lease project fund. new text end

new text begin Lease-purchase proceeds
remaining in the technology lease project fund after the purposes for which the
lease-purchase agreement was undertaken are accomplished or abandoned, as determined
by the commissioner, must be transferred to the general fund.
new text end

new text begin Subd. 8. new text end

new text begin Lease-purchase not public debt. new text end

new text begin A lease-purchase agreement does not
constitute or create a general or moral obligation or indebtedness of the state in excess
of the money from time to time appropriated or otherwise available for payments or
obligations under such agreement. Payments due under a lease-purchase agreement during
a current lease term for which money has been appropriated is a current expense of the
state.
new text end

new text begin Subd. 9. new text end

new text begin Tax exemption. new text end

new text begin Property purchased subject to a lease-purchase agreement
is not subject to personal property taxes. Purchases made by a lessor for lease to the state
under a valid lease-purchase agreement and payments due under such agreement are
not subject to sales tax.
new text end

new text begin Subd. 10. new text end

new text begin Refunding certificates. new text end

new text begin The commissioner from time to time may enter
into a new lease-purchase agreement and issue and sell certificates of participation for the
purpose of refunding any lease-purchase agreement and related certificates of participation
then outstanding, including the payment of any redemption premiums, any interest accrued
or that is to accrue to the redemption date, and costs related to the issuance and sale of such
refunding certificates. The proceeds of any refunding certificates may, in the discretion of
the commissioner, be applied to the purchase or payment at maturity of the certificates to
be refunded, to the redemption of outstanding lease-purchase agreements and certificates
on any redemption date, or to pay interest on the refunding lease-purchase agreements
and certificates and may, pending such application, be placed in escrow to be applied to
such purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such
use, may be invested and reinvested in obligations that are authorized investments under
section 11A.24. The income earned or realized on any authorized investment may also be
applied to the payment of the lease-purchase agreements and certificates to be refunded,
interest or premiums on the refunded certificates, or to pay interest on the refunding
lease-purchase agreements and certificates. After the terms of the escrow have been fully
satisfied, any balance of proceeds and any investment income may be returned to the
general fund, or if applicable, the technology lease project fund, for use in a lawful manner.
All refunding lease-purchase agreements and certificates issued under the provisions of
this subdivision must be prepared, executed, delivered, and secured by appropriations in
the same manner as the lease-purchase agreements and certificates to be refunded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [16A.82] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
new text end

new text begin $8,975,000 is appropriated annually from the general fund to the commissioner
to make payments under a lease-purchase agreement as defined in section 16A.81 for
replacement of the state's accounting and procurement systems, provided that the state is
not obligated to continue such appropriation of funds or to make lease payments in any
future fiscal year. Any unexpended portions of this appropriation cancel to the general
fund at the close of each biennium. This section expires June 30, 2019.
new text end

Sec. 3.

new text begin [16A.823] STATE APPROPRIATION BONDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Appropriation bond" means a bond, note, or other evidence of obligation of the
state payable during a biennium from one or more of the following sources:
new text end

new text begin (1) money appropriated by law in any biennium for debt service due with respect
to obligations described in subdivision 2, paragraph (b);
new text end

new text begin (2) proceeds of the sale of obligations described in subdivision 2, paragraph (b);
new text end

new text begin (3) payments received for that purpose under agreements and ancillary arrangements
described in subdivision 2, paragraph (d); and
new text end

new text begin (4) investment earnings on amounts in clauses (1) to (3).
new text end

new text begin (c) "Debt service" means the amount payable in any biennium of principal, premium,
if any, and interest on appropriation bonds.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin (a) Subject to the limitations of this subdivision, the
commissioner of Minnesota Management and Budget may sell and issue appropriation
bonds of the state under this section for public purposes as authorized by law. The
proceeds of such bonds must be credited to a special appropriation bonds proceeds account
in the state treasury. Net income from investment of the proceeds, as estimated by the
commissioner, must be credited to the special appropriation bonds proceeds account.
new text end

new text begin (b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
the commissioner, are necessary to provide sufficient funds for achieving the purposes
authorized as provided under paragraph (a), and pay debt service, pay costs of issuance,
make deposits to reserve funds, pay accrued interest, pay the costs of credit enhancement,
or make payments under other agreements entered into under paragraph (d); provided,
however, that bonds issued and unpaid shall not exceed $1,085,000,000 in principal
amount, excluding refunding bonds sold and issued under subdivision 4.
new text end

new text begin (c) Appropriation bonds may be issued in one or more series on the terms and
conditions the commissioner determines to be in the best interests of the state, but the term
on any series of bonds may not exceed 20 years.
new text end

new text begin (d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
time thereafter, so long as the appropriation bonds are outstanding, the commissioner
may enter into agreements and ancillary arrangements relating to the appropriation
bonds, including trust indentures, liquidity facilities, remarketing or dealer agreements,
letter of credit agreements, insurance policies, guaranty agreements, reimbursement
agreements, indexing agreements, or interest exchange agreements. Any payments made
or received according to such agreement or ancillary arrangement shall be made from or
deposited as provided in the agreement or ancillary arrangement. The determination of the
commissioner included in an interest exchange agreement that such agreement relates to
an appropriation bond shall be conclusive.
new text end

new text begin Subd. 3. new text end

new text begin Form; procedure. new text end

new text begin (a) Appropriation bonds may be issued in the form
of bonds, notes, or other evidences of obligation, and in the manner provided in section
16A.672. In the event that any provision of section 16A.672 conflicts with this section,
this section shall control.
new text end

new text begin (b) Every appropriation bond shall include a conspicuous statement of the limitation
established in subdivision 6.
new text end

new text begin (c) Appropriation bonds may be sold at either public or private sale and may be sold
at any price or percentage of par value. Any bid received at public sale may be rejected.
new text end

new text begin (d) Appropriation bonds may bear interest at a fixed or variable rate.
new text end

new text begin Subd. 4. new text end

new text begin Refunding bonds. new text end

new text begin The commissioner from time to time may issue
appropriation bonds for the purpose of refunding any appropriation bonds then
outstanding, including the payment of any redemption premiums on the bonds, any
interest accrued or to accrue to the redemption date, and costs related to the issuance
and sale of the refunding bonds. The proceeds of any refunding bonds may, in the
discretion of the commissioner, be applied to the purchase or payment at maturity of the
appropriation bonds to be refunded, to the redemption of the outstanding bonds on any
redemption date, or to pay interest on the refunding bonds and may, pending application,
be placed in escrow to be applied to the purchase, payment, retirement, or redemption.
Any escrowed proceeds, pending such use, may be invested and reinvested in obligations
that are authorized investments under section 11A.24. The income earned or realized on
the investment may also be applied to the payment of the bonds to be refunded, interest
or premiums on the refunded bonds, or to pay interest on the refunding bonds. After
the terms of the escrow have been fully satisfied, any balance of such proceeds and any
investment income may be returned to the general fund or, if applicable, the appropriation
bonds proceeds account, for use in any lawful manner. All refunding bonds issued under
the provisions of this subdivision must be prepared, executed, delivered, and secured by
appropriations in the same manner as the bonds to be refunded.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation bonds as legal investments. new text end

new text begin Any of the following entities
may legally invest any sinking funds, money, or other funds belonging to them or under
their control in any appropriation bonds issued under this section:
new text end

new text begin (1) the state, the investment board, public officers, municipal corporations, political
subdivisions, and public bodies;
new text end

new text begin (2) banks and bankers, savings and loan associations, credit unions, trust companies,
savings banks and institutions, investment companies, insurance companies, insurance
associations, and other persons carrying on a banking or insurance business; and
new text end

new text begin (3) personal representatives, guardians, trustees, and other fiduciaries.
new text end

new text begin Subd. 6. new text end

new text begin No full faith and credit; state not required to make appropriations.
new text end

new text begin The appropriation bonds are not public debt of the state, and the full faith, credit, and
taxing powers of the state are not pledged to the payment of the appropriation bonds or to
any payment that the state agrees to make under this section. Appropriation bonds shall
not be obligations paid directly, in whole or in part, from a tax of statewide application
on any class of property, income, transaction, or privilege. Appropriation bonds shall be
payable in each fiscal year only from amounts that the legislature may appropriate for debt
service for any fiscal year, provided that nothing in this section shall be construed to
require the state to appropriate funds sufficient to make debt service payments with respect
to the bonds in any fiscal year.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation of proceeds. new text end

new text begin The proceeds of appropriation bonds and
interest credited to the special appropriation bonds proceeds account are appropriated to
the commissioner for payment of nonoperating, capital expenses as permitted by state
and federal law, and nonsalary expenses incurred in conjunction with the sale of the
appropriation bonds.
new text end

new text begin Subd. 8. new text end

new text begin Appropriation for debt service. new text end

new text begin The amount needed to pay principal and
interest on appropriation bonds issued under this section is appropriated each year to the
commissioner from the general fund subject to the repeal, unallotment under section
16A.152, or cancellation otherwise pursuant to subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [16E.22] STATEWIDE ELECTRONIC LICENSING SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; appropriation. new text end

new text begin The statewide electronic
licensing account is created in the special revenue fund. Receipts credited to the account
are appropriated to the state chief information officer for completion of the Minnesota
electronic licensing system, for migration of licensing agencies, and for operation and
maintenance of the system during the completion and migration period.
new text end

new text begin Subd. 2. new text end

new text begin Temporary licensing surcharge. new text end

new text begin Executive branch state agencies
shall collect a temporary surcharge of ten percent of the licensing fee, but no less than
$10 on each license that will be migrated to the Minnesota electronic licensing system.
The surcharge applies to initial applications and renewals of all business, commercial,
professional, or occupational licenses that will be made available through the Minnesota
electronic licensing system, as determined by the state chief information officer. Each
agency shall collect the surcharge on its licenses for up to six years between July 1, 2009,
and June 30, 2017, as directed by the state chief information officer. Receipts from the
surcharge shall be deposited in the statewide licensing account established in subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Contract authority. new text end

new text begin The state chief information officer may enter into
a risk-share or phased agreement with a vendor to complete the Minnesota electronic
licensing system and to migrate licensing agencies provided that the agreement commits
only revenue from the surcharge enacted under subdivision 2, after funds are set aside
for state operating and maintenance costs, as payment for the vendor's services. The
agreement must clearly indicate that the state chief information officer may only expend
amounts actually collected from the surcharge, after state operations and maintenance
costs have been paid, in payment for the vendor's services and that the vendor assumes
this risk when performing work under the contract. Nothing in this section should be
construed as requiring the state chief information officer to expend the entire amount
of the surcharge revenue, after state operations and maintenance costs have been set
aside, in payment for vendor services. Before entering into such a contract, the state chief
information officer must consult with the commissioner of Minnesota Management and
Budget about implementing the surcharge and the terms of the contract.
new text end

new text begin Subd. 4. new text end

new text begin Unused funds. new text end

new text begin Any funds remaining in the statewide electronic licensing
account after all costs of completing the Minnesota electronic licensing system, migrating
licensing agencies, and operating and maintaining the system during the completion and
migration period have been paid shall be used to defray future costs of operating and
maintaining the Minnesota electronic licensing system.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires on June 30, 2019.
new text end

Sec. 5.

Minnesota Statutes 2008, section 129D.13, subdivision 1, is amended to read:

Subdivision 1.

Distribution.

The commissioner shall distribute the money provided
by sections 129D.11 to 129D.13 new text begin according to state grant policies new text end . deleted text begin Twice deleted text end Annually the
commissioner shall make block grants which shall be distributed in equal amounts to
public stations for operational costs. The commissioner shall allocate money appropriated
for the purposes of sections 129D.11 to 129D.13 in such a manner that each eligible public
station receives a block grant. In addition, the commissioner shall make matching grants to
public stations. Matching grants shall be used for operational costs deleted text begin and shall be allocated
using the procedure developed for distribution of state money under this section for grants
made in fiscal year 1979 deleted text end . No station's matching grant in any fiscal year shall exceed the
amount of Minnesota-based contributions received by that station in the previous fiscal
year. Grants made pursuant to this subdivision may only be given to those federally
licensed stations that are certified as eligible for community service grants through the
Corporation for Public Broadcasting. new text begin Grant funds not expended by a station during the
first year of the biennium do not cancel and may be carried over into the second fiscal year.
new text end

Sec. 6.

Minnesota Statutes 2008, section 129D.13, subdivision 3, is amended to read:

Subd. 3.

Report.

Each deleted text begin educational deleted text end station receiving a grant shall deleted text begin annually deleted text end report
deleted text begin by July 1 deleted text end new text begin annually by August 1 new text end to the commissioner the purposes for which the money
was used in the past deleted text begin fiscal deleted text end year and the anticipated use of the money in the next deleted text begin fiscal deleted text end year.
deleted text begin The report shall be certified by an independent auditor or a certified public accountant. deleted text end new text begin
This report shall be submitted along with a new grant request submission. new text end If the report
is not submitted deleted text begin by September 1 deleted text end , the commissioner deleted text begin may withhold from the educational
station 45 percent of the amount to which it was entitled based upon the contribution of
the previous fiscal year, and deleted text end may redistribute that money to other educational stations.

Sec. 7.

Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read:

Subd. 4.

Application.

To be eligible for a grant under this section, a licensee
shall submit an application to the commissioner deleted text begin within the deadline prescribed by the
commissioner deleted text end new text begin according to state grant policies new text end . Each noncommercial radio station
receiving a grant shall report annually deleted text begin within the deadline prescribed deleted text end by new text begin August 1 to new text end the
commissioner the purposes for which the money was used in the past deleted text begin fiscal deleted text end year and the
anticipated use of the money for the next deleted text begin fiscal deleted text end year. new text begin This report shall be submitted along
with a new grant request submission. new text end If the application and report are not submitted within
the deadline prescribed by the commissioner, the grant may be redistributed to the other
noncommercial radio stations eligible for a grant under this section.

Sec. 8.

Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read:

Subd. 5.

State community service block grants.

(a) The commissioner shall
determine eligibility for block grants and the allocation of block grant money on the basis
of audited financial records of the station to receive the block grant funds for the station's
fiscal year preceding the year in which the grant is made, as well as on the basis of the
other requirements set forth in this section. The commissioner shall annually distribute
block grants equally to all stations that comply with the eligibility requirements and for
which a licensee applies for a block grant. new text begin Grant funds not expended by a station during
the first year of the biennium do not cancel and may be carried over into the second fiscal
year. new text end The commissioner may promulgate rules to implement this section.

(b) A station may use grant money under this section for any radio station expenses.

Sec. 9.

Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read:

Subd. 6.

Audit.

A station that receives a grant under this section shall have an
audit of its financial records made by an independent auditor or Corporation for Public
Broadcasting accepted audit deleted text begin at the end of deleted text end new text begin for new text end the deleted text begin fiscal deleted text end year deleted text begin for which deleted text end it received the grant.
deleted text begin The audit shall include a review of station promotion, operation, and management and an
analysis of the station's use of the grant money. deleted text end A copy of the new text begin most recent new text end audit shall be
filed with the commissioner. deleted text begin If neither is available, deleted text end The commissioner may accept a letter
of negative assurance from an independent auditor or a certified public accountant.

Sec. 10.

new text begin [270C.145] TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
new text end

new text begin $2,117,000 is appropriated annually from the general fund to the commissioner
to make payments under a lease-purchase agreement as defined in section 16A.81 for
completing the purchase and development of an integrated tax software package; provided
that the state is not obligated to continue the appropriation of funds or to make lease
payments in any future fiscal year. Any unexpended portions of this appropriation cancel
to the general fund at the close of each biennium. This section expires June 30, 2019.
new text end

Sec. 11.

Minnesota Statutes 2008, section 471.345, subdivision 15, is amended to read:

Subd. 15.

Cooperative purchasing.

new text begin (a) Minnesota cities, counties, and townships
must contract for the purchase of supplies, materials, or equipment by utilizing contracts
that are available through the state's cooperative purchasing venture authorized by section
16C.11 whenever practicable and cost-effective.
new text end

new text begin (b) Unless required to utilize the state's cooperative purchasing venture under
paragraph (a), new text end a municipality may contract for the purchase of supplies, materials, or
equipment without regard to the competitive bidding requirements of this section if the
purchase is through a national municipal association's purchasing alliance or cooperative
created by a joint powers agreement that purchases items from more than one source on
the basis of competitive bids or competitive quotations.

Sec. 12.

Laws 2007, chapter 148, article 1, section 10, is amended to read:

Sec. 10. OFFICE OF ENTERPRISE TECHNOLOGY

$

16,445,000

$

7,829,000

(a) $7,500,000 the first year is for the first
phase of an electronic licensing system.
This is a onetime appropriation. This
appropriation carries forward to the second
year.

(b) $4,000,000 the first year and $4,000,000
the second year are for information
technology security. The base appropriation
is $2,500,000 in fiscal year 2010 and
$2,500,000 in fiscal year 2011.

(c) $1,000,000 the first year is for small
agency technology infrastructure projects.
During the biennium, these amounts are
intended to include hardware and software
improvements for the Asian-Pacific Council,
the Capitol Area Architectural and Planning
Board, the Minnesota Library for the
Blind, the Minnesota State Academies, and
the Ombudsman for Mental Health and
Disabilities.

(d) $180,000 the first year is for grants to be
distributed to the counties participating in
the development of the integrated financial
system for enhancements to the system.
Enhancements include:

(1) systems to improve the tracking and
reporting of state and federal grants;

(2) electronic payments to vendors;

(3) electronic posting of state payments to
the financial system;

(4) automating revenue collection and
posting through check conversion, automatic
clearing house transactions, or credit card
processing;

(5) improvements to county budgetary
systems;

(6) storage or linkage of electronic
documents;

(7) improved executive level reporting and
extraction of data; and

(8) improved information and reporting for
audits.

The grant funds shall be distributed on a pro
rata basis to each of the counties participating
in the development of the integrated financial
system. The Minnesota Counties Computer
Cooperative, acting as a fiscal agent for
the participating counties, shall receive the
grant money for the counties. The grants
will only be distributed after $540,000 is
expended or provided from other sources.
The chief information officer may require
a report or such other information as the
chief information officer deems appropriate
to verify that the requirements of this
section have been met. This appropriation
is available until June 30, 2011, and cancels
on that date.

The chief information officer shall report to
the legislative committees and divisions with
jurisdiction over state government policy
and finance and economic development
programs.

deleted text begin (e) By June 30, 2010, and June 30, 2011, the
commissioner of finance, in consultation with
the chief information officer, must determine
the savings attributable to implementing the
electronic licensing system in paragraph
(a) and the information technology security
improvements provided for in paragraph (b)
in fiscal year 2010 and 2011, respectively.
The savings are estimated to be $2,551,000
for the biennium. The commissioner must
deposit the amount determined for each year
in the general fund.
deleted text end

Sec. 13.

Laws 2007, chapter 148, article 1, section 12, subdivision 2, is amended to
read:

Subd. 2. State Facilities Services

14,496,000

11,208,000

(a) $7,888,000 the first year and $7,888,000
the second year are for office space costs of
the legislature and veterans organizations,
for ceremonial space, and for statutorily free
space.

(b) $2,500,000 the first year is to purchase
and implement a Web-enabled, shared
computer system to facilitate the state's real
property portfolio management.

deleted text begin By June 30, 2010, and June 30, 2011, the
commissioner of finance, in consultation
with the commissioner of administration,
must determine the savings attributable to
implementing the real property portfolio
management system in fiscal year 2010
and 2011, respectively. The savings are
estimated to be $412,000 for the biennium.
The commissioner must deposit the amount
determined for each year in the general fund.
deleted text end

(c) $885,000 the first year is for onetime
funding of agency relocation expenses for
the Department of Public Safety.

Sec. 14.

Laws 2007, chapter 148, article 1, section 16, subdivision 2, is amended to
read:

Subd. 2. Tax System Management

109,098,000

101,045,000

Appropriations by Fund
General	104,969,000	96,825,000
Health Care Access	1,693,000	1,734,000
Highway User Tax Distribution	2,139,000	2,183,000
Environmental	297,000	303,000

(a) $6,910,000 the first year and $8,704,000
the second year are for additional activities
to identify and collect tax liabilities from
individuals and businesses that currently
do not pay all taxes owed. This initiative
is expected to result in new general fund
revenues of $42,400,000 for the biennium
ending June 30, 2009.

(b) The department must report to the chairs
of the house of representatives Ways and
Means and senate Finance Committees by
March 1, 2008, and January 15, 2009, on the
following performance indicators:

(1) the number of corporations noncompliant
with the corporate tax system each year and
the percentage and dollar amounts of valid
tax liabilities collected;

(2) the number of businesses noncompliant
with the sales and use tax system and the
percentage and dollar amount of the valid tax
liabilities collected; and

(3) the number of individual noncompliant
cases resolved and the percentage and dollar
amounts of valid tax liabilities collected.

(c) The reports must also identify base-level
expenditures and staff positions related to
compliance and audit activities, including
baseline information as of January 1, 2006.
The information must be provided at the
budget activity level.

(d) $12,000,000 the first year is for the
purchase and development of an integrated
tax software package.

deleted text begin By June 30, 2010, and June 30, 2011, the
commissioner of finance, in consultation with
the commissioner of revenue, must determine
the savings attributable to implementing the
integrated tax software package in fiscal year
2010 and 2011, respectively. The savings are
estimated to be $1,975,000 for the biennium.
The commissioner must deposit the amount
determined for each year in the general fund.
deleted text end

(e) $75,000 the first year and $75,000 the
second year are for grants to one or more
nonprofit organizations, qualifying under
section 501(c)(3) of the Internal Revenue
Code of 1986, to coordinate, facilitate,
encourage, and aid in the provision of
taxpayer assistance services. For purposes
of this paragraph, "taxpayer assistance
services" means accounting and tax
preparation services provided by volunteers
to low-income and disadvantaged Minnesota
residents to help them file federal and
state income tax returns and Minnesota
property tax refund claims and may include
providing personal representation before
the Department of Revenue and Internal
Revenue Service.

Sec. 15. new text begin RACING LICENSE FEE RATIFICATION.
new text end

new text begin The license fees in Minnesota Rules, part 7877.0120, are ratified by this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16. new text begin TECHNOLOGY LEASE-PURCHASE AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Lease-purchase agreements. new text end

new text begin The commissioner of Minnesota
Management and Budget shall enter into one or more lease-purchase agreements as defined
in Minnesota Statutes, section 16A.81, to finance the two projects in subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end

new text begin Replacement of state's accounting and procurement systems.
new text end

new text begin Proceeds of lease-purchase agreements and the issuance and sale of related certificates of
participation are appropriated to the commissioner of Minnesota Management and Budget
for development and implementation of a new statewide accounting and procurement
system.
new text end

new text begin Subd. 3. new text end

new text begin Completion of integrated tax system. new text end

new text begin Proceeds of lease-purchase
agreements and the issuance and sale of related certificates of participation are appropriated
to the commissioner of revenue for completing the purchase and implementation of an
integrated tax software package.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 240A.08, new text end new text begin is repealed.
new text end

ARTICLE 3

TRANSFER OF ENVIRONMENTAL QUALITY BOARD

Section 1.

Minnesota Statutes 2008, section 13.7411, subdivision 8, is amended to read:

Subd. 8.

Pollution Control Agency.

(a) Hazardous waste generators.
Information provided by hazardous waste generators under section 473.151 and for which
confidentiality is claimed is governed by section 116.075, subdivision 2.

(b) Tests. Trade secret information made available by applicants for certain projects
of the Pollution Control Agency is classified under section 116.54.

new text begin (c) Study data for radioactive waste disposal. Access to data derived from
testing or studies for the disposal of radioactive waste is governed by section 116C.724,
subdivision 3.
new text end

new text begin (d) Low-level radioactive waste. Certain data given to the Pollution Control
Agency by persons who generate, transport, or dispose of low-level radioactive waste are
classified under section 116C.840.
new text end

Sec. 2.

Minnesota Statutes 2008, section 103A.204, is amended to read:

103A.204 GROUNDWATER POLICY.

(a) The responsibility for the protection of groundwater in Minnesota is vested
in a multiagency approach to management. The following is a list of agencies and the
groundwater protection areas for which the agencies are primarily responsible; the list is
not intended to restrict the areas of responsibility to only those specified:

deleted text begin (1) Environmental Quality Board: coordination of state groundwater protection
programs;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end Pollution Control Agency: new text begin coordination of state groundwater protection
programs, new text end water quality monitoring and reporting new text begin , new text end and deleted text begin the deleted text end development of best
management practices and regulatory mechanisms for protection of groundwater from
nonagricultural chemical contaminants;

deleted text begin (3) deleted text end new text begin (2) new text end Department of Agriculture: sustainable agriculture, integrated pest
management, water quality monitoring, and the development of best management
practices and regulatory mechanisms for protection of groundwater from agricultural
chemical contaminants;

deleted text begin (4) deleted text end new text begin (3) new text end Board of Water and Soil Resources: reporting on groundwater education and
outreach with local government officials, local water planning and management, and
local cost share programs;

deleted text begin (5) deleted text end new text begin (4) new text end Department of Natural Resources: water quantity monitoring and regulation,
sensitivity mapping, and development of a plan for the use of integrated pest management
and sustainable agriculture on state-owned lands; and

deleted text begin (6) deleted text end new text begin (5) new text end Department of Health: regulation of wells and borings, and the development
of health risk limits under section 103H.201.

(b) The Environmental Quality Board shall prepare a report on policy issues related
to its responsibilities listed in paragraph (a), and include these reports with the assessments
in section 103A.43 and the "Minnesota Water Plan" in section 103B.151.

Sec. 3.

Minnesota Statutes 2008, section 103B.151, subdivision 1, is amended to read:

Subdivision 1.

Water planning.

The Environmental Quality Board shall:

(1) coordinate public water resource management and regulation activities among
the state agencies having jurisdiction in the area;

(2) coordinate comprehensive long-range water resources planning in furtherance of
the deleted text begin Environmental Quality Board's deleted text end "Minnesota Water Plan," published in January 1991 deleted text begin ,
by deleted text end new text begin and new text end September deleted text begin 15, deleted text end 2000 new text begin by the Environmental Quality Board new text end , and deleted text begin each deleted text end new text begin at new text end ten-year
deleted text begin interval afterwards deleted text end new text begin intervals thereafter by the Pollution Control Agency new text end ;

(3) coordinate water planning activities of local, regional, and federal bodies with
state water planning and integrate these plans with state strategies;

(4) coordinate development of state water policy recommendations and priorities,
and a recommended program for funding identified needs, including priorities for
implementing the state water resources monitoring plan;

(5) administer federal water resources planning with multiagency interests;

(6) ensure that groundwater quality monitoring and related data is provided and
integrated into the Minnesota land management information system according to
published data compatibility guidelines. Costs of integrating the data in accordance with
data compatibility standards must be borne by the agency generating the data;

(7) coordinate the development and evaluation of water information and education
materials and resources; and

(8) coordinate the dissemination of water information and education through
existing delivery systems.

Sec. 4.

Minnesota Statutes 2008, section 103B.315, subdivision 5, is amended to read:

Subd. 5.

State review.

(a) After conducting the public hearing but before final
adoption, the county board must submit its local water management plan, all written
comments received on the plan, a record of the public hearing under subdivision 4,
and a summary of changes incorporated as a result of the review process to the board
for review. The board shall complete the review within 90 days after receiving a local
water management plan and supporting documents. The board shall consult with the
Departments of Agriculture, Health, and Natural Resources; the Pollution Control Agency;
deleted text begin the Environmental Quality Board; deleted text end and other appropriate state agencies during the review.

(b) The board may disapprove a local water management plan if the board
determines the plan is not consistent with state law. If a plan is disapproved, the board
shall provide a written statement of its reasons for disapproval. A disapproved local water
management plan must be revised by the county board and resubmitted for approval by the
board within 120 days after receiving notice of disapproval of the local water management
plan, unless the board extends the period for good cause.

(c) If the local government unit disagrees with the board's decision to disapprove
the plan, it may, within 60 days, initiate mediation through the board's informal dispute
resolution process as established pursuant to section 103B.345, subdivision 1. A local
government unit may appeal disapproval to the Court of Appeals. A decision of the board
on appeal is subject to judicial review under sections 14.63 to 14.69.

Sec. 5.

Minnesota Statutes 2008, section 103F.751, is amended to read:

103F.751 NONPOINT SOURCE POLLUTION CONTROL PLAN AND
PROGRAM EVALUATION.

To coordinate the programs and activities used to control nonpoint sources of
pollution to achieve the state's water quality goals, the agency shall:

(1) develop a state plan for the control of nonpoint source water pollution to meet
the requirements of the federal Clean Water Act;

(2) work deleted text begin through the Environmental Quality Board deleted text end to coordinate the activities and
programs of federal, state, and local agencies involved in nonpoint source pollution control
and, as appropriate, develop agreements with federal and state agencies to accomplish the
purposes and objectives of the state nonpoint source pollution control plan; and

(3) evaluate the effectiveness of programs in achieving water quality goals
and recommend to the legislature, under section 3.195, subdivision 1, any necessary
amendments to sections 103F.701 to 103F.761.

Sec. 6.

Minnesota Statutes 2008, section 103G.222, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Wetlands must not be drained or filled, wholly
or partially, unless replaced by restoring or creating wetland areas of at least equal
public value under a replacement plan approved as provided in section 103G.2242, a
replacement plan under a local governmental unit's comprehensive wetland protection
and management plan approved by the board under section 103G.2243, or, if a permit to
mine is required under section 93.481, under a mining reclamation plan approved by the
commissioner under the permit to mine. Mining reclamation plans shall apply the same
principles and standards for replacing wetlands by restoration or creation of wetland areas
that are applicable to mitigation plans approved as provided in section 103G.2242. Public
value must be determined in accordance with section 103B.3355 or a comprehensive
wetland protection and management plan established under section 103G.2243. Sections
103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
flooded areas of types 3, 4, and 5 wetlands.

(b) Replacement must be guided by the following principles in descending order
of priority:

(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;

(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;

(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;

(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;

(5) compensating for the impact by restoring a wetland; and

(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.

For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.

(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that a deed restriction is placed on the altered wetland prohibiting
nonagricultural use for at least ten years.

(d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs
(b) and (e), the local government unit may require a deed restriction that prohibits
nonagricultural use for at least ten years unless the drained wetland is replaced as provided
under this section. The local government unit may require the deed restriction if it
determines the wetland area drained is at risk of conversion to a nonagricultural use within
ten years based on the zoning classification, proximity to a municipality or full service
road, or other criteria as determined by the local government unit.

(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill stormwater management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland.

(f) Except as provided in paragraph (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.

(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.

(h) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.

(i) Except in a greater than 80 percent area, only wetlands that have been restored
from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules adopted under
section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
occurring wetlands from one type to another are not eligible for enrollment in a statewide
wetlands bank.

(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.

(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
apply to the state and its departments and agencies.

(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the cost to the
board to establish credits. Proceeds from the sale of credits provided under this paragraph
are appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.

(m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:

(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on-site;

(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and

(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
or drained.

Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section 103G.2242,
subdivision 9. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.

Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.

Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.

(n) If a landowner seeks approval of a replacement plan after the proposed project
has already affected the wetland, the local government unit may require the landowner to
replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.

(o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the deleted text begin Environmental Quality Board Monitor deleted text end new text begin State Register new text end .

(p) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis
of its percentage of presettlement wetlands remaining. In support of their petition, the
citizens shall provide satisfactory documentation to the local government unit. The local
government unit shall consider the petition and forward the request to the board under
paragraph (o) or provide a reason why the petition is denied.

Sec. 7.

Minnesota Statutes 2008, section 103H.151, subdivision 4, is amended to read:

Subd. 4.

Evaluation.

The commissioners of agriculture and the Pollution Control
Agency shall, through field audits and other appropriate means, monitor the use and
effectiveness of best management practices developed and promoted under this section.
The information collected must be deleted text begin submitted to the Environmental Quality Board,
which must include the information deleted text end new text begin included new text end in the report required in section 103A.43,
paragraph deleted text begin (d) deleted text end new text begin (b) new text end .

Sec. 8.

Minnesota Statutes 2008, section 103H.175, subdivision 3, is amended to read:

Subd. 3.

Report.

In each even-numbered year, the Pollution Control Agency, in
cooperation with other agencies participating in the monitoring of water resources, shall
provide a draft report on the status of groundwater monitoring deleted text begin to the Environmental
Quality Board for review and then deleted text end to the house of representatives and senate committees
with jurisdiction over the environment, natural resources, and agriculture as part of the
report in section 103A.204.

Sec. 9.

Minnesota Statutes 2008, section 115A.072, subdivision 1, is amended to read:

Subdivision 1.

Environmental Education Advisory Board.

(a) The commissioner
shall provide for the development and implementation of environmental education
programs that are designed to meet the goals listed in section 115A.073.

(b) The Environmental Education Advisory Board shall advise the commissioner in
carrying out the commissioner's responsibilities under this section. The board consists of
20 members as follows:

(1) a representative of the Pollution Control Agency, appointed by the commissioner
of the agency;

(2) a representative of the Department of Education, appointed by the commissioner
of education;

(3) a representative of the Department of Agriculture, appointed by the commissioner
of agriculture;

(4) a representative of the Department of Health, appointed by the commissioner
of health;

(5) a representative of the Department of Natural Resources, appointed by the
commissioner of natural resources;

(6) a representative of the Board of Water and Soil Resources, appointed by that
board;

deleted text begin (7) a representative of the Environmental Quality Board, appointed by that board;
deleted text end

deleted text begin (8) deleted text end new text begin (7) new text end a representative of the Board of Teaching, appointed by that board;

deleted text begin (9) deleted text end new text begin (8) new text end a representative of the University of Minnesota Extension Service, appointed
by the director of the service;

deleted text begin (10) deleted text end new text begin (9) new text end a citizen member from each congressional district, of which two must be
licensed teachers currently teaching in the K-12 system, appointed by the commissioner;
and

deleted text begin (11) deleted text end new text begin (10) new text end three at-large citizen members, appointed by the commissioner.

The citizen members shall serve two-year terms. Compensation of board members is
governed by section 15.059, subdivision 6. The board expires on June 30, 2008.

Sec. 10.

Minnesota Statutes 2008, section 115A.32, is amended to read:

115A.32 RULES.

The deleted text begin board deleted text end new text begin Pollution Control Agency new text end shall deleted text begin promulgate deleted text end new text begin adopt new text end rules pursuant to
chapter 14 to govern its activities under sections 115A.32 to 115A.39. deleted text begin For the purposes of
sections 115A.32 to 115A.39, "board" means the Environmental Quality Board established
in section 116C.03. In all of its activities and deliberations under sections 115A.32 to
115A.39, the board shall consult with the commissioner of the Pollution Control Agency.
deleted text end

Sec. 11.

Minnesota Statutes 2008, section 116C.02, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

Sec. 12.

Minnesota Statutes 2008, section 116C.04, subdivision 1, is amended to read:

Subdivision 1.

Scope; votes.

deleted text begin The deleted text end new text begin Additional new text end powers and duties of the Minnesota
deleted text begin Environmental Quality Board deleted text end new text begin Pollution Control Agency new text end shall be as provided in this
section and as otherwise provided by law or executive order. Actions of the deleted text begin board deleted text end new text begin agency new text end
shall be taken only at an open meeting upon a majority vote of all the permanent members
of the board.

Sec. 13.

Minnesota Statutes 2008, section 116C.04, subdivision 7, is amended to read:

Subd. 7.

Annual congress.

At its discretion, the deleted text begin board deleted text end new text begin agency new text end shall convene an
annual deleted text begin Environmental Quality Board deleted text end congress including, but not limited to, representatives
of state, federal and regional agencies, citizen organizations, associations, industries,
colleges and universities, and private enterprises who are active in or have a major impact
on environmental quality. The purpose of the congress shall be to receive reports and
exchange information on progress and activities related to environmental improvement.

Sec. 14.

Minnesota Statutes 2008, section 116C.71, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

Sec. 15.

Minnesota Statutes 2008, section 116F.06, subdivision 2, is amended to read:

Subd. 2.

Agency review; sale prohibition.

The agency shall review new or
revised packages or containers except when such changes involve only color, size, shape
or printing. The agency shall review innovations including, but not limited to, changes
in constituent materials or combinations thereof and changes in closures. When the
agency determines that any new or revised package or container would constitute a
solid waste disposal problem or be inconsistent with state environmental policies, the
manufacturer of the product may withdraw it from further consideration until such time as
the manufacturer may resubmit such product to the agency, or, the agency may, by order
made after notice and hearing as provided in chapter 14, and following an additional
period not to exceed 30 days deleted text begin during which the Environmental Quality Board may review
the proposed action deleted text end , prohibit the sale of the package or container in the state. Any such
prohibition shall continue in effect until revoked by the agency or until the last legislative
day of the next following legislative session, whichever occurs first, unless extended by
law. This subdivision shall not apply to any package or container sold at retail in this
state prior to September 7, 1979.

Sec. 16.

Minnesota Statutes 2008, section 116G.03, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Agency. new text end

new text begin "Agency" means the Pollution Control Agency.
new text end

Sec. 17.

Minnesota Statutes 2008, section 116G.15, is amended to read:

116G.15 MISSISSIPPI RIVER CRITICAL AREA.

(a) The federal Mississippi National River and Recreation Area established
pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of
critical concern in accordance with this chapter. The governor shall review the existing
Mississippi River critical area plan and specify any additional standards and guidelines
to affected communities in accordance with section 116G.06, subdivision 2, paragraph
(b), clauses (3) and (4), needed to insure preservation of the area pending the completion
of the federal plan.

The results of an environmental impact statement prepared under chapter 116D
begun before and completed after July 1, 1994, for a proposed project that is located in
the Mississippi River critical area north of the United States Army Corps of Engineers
Lock and Dam Number One must be submitted in a report to the chairs of the environment
and natural resources policy and finance committees of the house of representatives
and the senate prior to the issuance of any state or local permits and the authorization
for an issuance of any bonds for the project. A report made under this paragraph shall
be submitted by the responsible governmental unit that prepared the environmental
impact statement, and must list alternatives to the project that are determined by the
environmental impact statement to be economically less expensive and environmentally
superior to the proposed project and identify any legislative actions that may assist in the
implementation of environmentally superior alternatives. This paragraph does not apply
to a proposed project to be carried out by the Metropolitan Council or a metropolitan
agency as defined in section 473.121.

(b) If the results of an environmental impact statement required to be submitted by
paragraph (a) indicate that there is an economically less expensive and environmentally
superior alternative, then no member agency of the Environmental Quality Board new text begin ,
as comprised in 1995, new text end shall issue a permit for the facility that is the subject of the
environmental impact statement, other than an economically less expensive and
environmentally superior alternative, nor shall any government bonds be issued for
the facility, other than an economically less expensive and environmentally superior
alternative, until after the legislature has adjourned its regular session sine die in 1996.

Sec. 18.

Minnesota Statutes 2008, section 116G.151, is amended to read:

116G.151 REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET;
FACILITIES IN MISSISSIPPI RIVER AREA.

(a) Until completion of an environmental assessment worksheet that complies with
the rules of the Environmental Quality Board new text begin , or its successor, new text end and this section, a state
or local agency may not issue a permit for construction or operation of a metal materials
shredding project with a processing capacity in excess of 20,000 tons per month that
would be located in the Mississippi River critical area, as described in section 116G.15,
upstream from United States Corps of Engineers Lock and Dam Number One.

(b) The Pollution Control Agency is the responsible governmental unit for the
preparation of an environmental assessment worksheet required under this section.

(c) In addition to the contents required under law and rule, an environmental
assessment worksheet completed under this section must also include the following major
categories:

(1) effects of operation of the project, including vibrations and airborne particulates
and dust, on the Mississippi River;

(2) effects of operation of the project, including vibrations and airborne particulates
and dust, on adjacent businesses and on residents and neighborhoods;

(3) effects of operation of the project on barge and street traffic;

(4) discussion of alternative sites considered by the project proposer for the
proposed project, possible design modifications including site layout, and the magnitude
of the project;

(5) mitigation measures that could eliminate or minimize any adverse environmental
effects of the proposed project;

(6) impact of the proposed project on the housing, park, and recreational use of
the river;

(7) effects of waste and implication of the disposal of waste generated from the
proposed project;

(8) effects on water quality from the project operations, including wastewater
generated from operations of the proposed project;

(9) potential effects from fugitive emissions, fumes, dust, noise, and vibrations
from project operations;

(10) compatibility of the existing operation and proposed operation with other
existing uses;

(11) the report of the expert required by paragraph (g).

(d) In addition to the publication and distribution provisions relating to
environmental assessment worksheets under law and rule, notice of environmental
assessment worksheets performed by this section shall also be published in a newspaper of
general circulation as well as community newspapers in the affected neighborhoods.

(e) A public meeting in the affected communities must be held on the environmental
assessment worksheet prepared under this section. After the public meeting on the
environmental assessment worksheet, there must be an additional 30-day period for review
and comment on the environmental assessment worksheet.

(f) If the Pollution Control Agency determines that information necessary to make a
reasonable decision about potential of significant environmental impacts is insufficient,
the agency shall make a positive declaration and proceed with an environmental impact
statement.

(g) The Pollution Control Agency shall retain an expert in the field of toxicology
who is capable of properly analyzing the potential effects and content of any airborne
particulates, fugitive emissions, and dust that could be produced by a metal materials
shredding project. The Pollution Control Agency shall obtain any existing reports or
documents from a governmental entity or project proposer that analyzes or evaluates the
potential hazards of airborne particulates, fugitive emissions, or dust from the construction
or operation of a metal materials shredding project in preparing the environmental
assessment worksheet. The agency and the expert shall prepare, as part of the report, a risk
assessment of the types of metals permitted to be shredded as compared to the types of
materials that are likely to be processed at the facility. In performing the risk assessment,
the agency and the expert must consider any actual experience at similar facilities. The
report must be included as part of the environmental assessment worksheet.

(h) If the Pollution Control Agency determines that deleted text begin under the rules of the
Environmental Quality Board deleted text end an environmental impact statement should be prepared, the
Pollution Control Agency shall be the responsible governmental unit for preparation of the
environmental impact statement.

Sec. 19.

Minnesota Statutes 2008, section 137.56, is amended to read:

137.56 ENVIRONMENTAL REVIEW.

The commissioner must not make an annual payment required by this act until the
board has completed an environmental review of the stadium project and the commissioner
determines that the board is performing the duties of the responsible governmental unit
as prescribed in the Minnesota Environmental Policy Act, chapter 116D, and the rules
adopted under that chapter. deleted text begin The legislature ratifies the Environmental Quality Board's
designation of the board as a responsible governmental unit.
deleted text end

Sec. 20.

new text begin TRANSFER OF ENVIRONMENTAL QUALITY BOARD AND DUTIES
TO THE POLLUTION CONTROL AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer of duties. new text end

new text begin (a) In order to improve the efficiency of state
government, the functions, powers, duties, and responsibilities of the Environmental
Quality Board are transferred to the commissioner of the Pollution Control Agency. This
transfer will more closely align environmental and education functions carried out by state
agency staff within a single state agency.
new text end

new text begin (b) Rulemaking authority of the Environmental Quality Board is transferred to the
Pollution Control Agency. All rules adopted by the Environmental Quality Board remain
in effect and shall be enforced until amended or repealed in accordance with law by the
Pollution Control Agency.
new text end

new text begin (c) The Pollution Control Agency is the legal successor in all respects of the
Environmental Quality Board. The bonds, resolutions, contracts, and liabilities of the
Environmental Quality Board become the bonds, resolutions, contracts, and liabilities of
the Pollution Control Agency. Any proceedings, court actions, prosecution, or other
business or matter pending on the effective date of the transfer may be conducted and
completed by the Pollution Control Agency in the same manner, under the same terms and
conditions, and with the same effect, as though they involved or were commenced and
conducted or completed prior to the transfer from the Environmental Quality Board.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of Environmental Quality Board to Pollution Control Agency.
new text end

new text begin Effective July 1, 2009, the Environmental Quality Board and the duties covered in sections
116C.01 to 116C.06, are transferred to the commissioner of the Pollution Control Agency.
However, the Environmental Quality Board will continue to function with its present role
and responsibilities through June 30, 2010. On July, 1, 2010, the functions of the board
are assumed by the Pollution Control Agency.
new text end

new text begin Subd. 3. new text end

new text begin Report to the legislature. new text end

new text begin By January 15, 2010, the Pollution Control
Agency in conjunction with the Environmental Quality Board shall provide a report to the
appropriate chairs of the environmental committees of the legislature that shall address
the following:
new text end

new text begin (1) identify any existing Environmental Quality Board duties, functions, and
responsibilities that are obsolete and should be abolished or are appropriately transferred
to another agency;
new text end

new text begin (2) describe how the agency shall operationally address the separation of its
environmental review policy setting from its environmental review regulatory role
regarding specific facilities;
new text end

new text begin (3) describe how the agency shall ensure effective and fair coordination and
collaboration among state agencies on environmental policy and planning issues;
new text end

new text begin (4) describe how the agency shall ensure effective accessibility and involvement of
the public on environmental issues;
new text end

new text begin (5) describe how the agency shall ensure effective public and agency discussions of
current and emerging environmental topics relevant to Minnesota including but not limited
to air quality, water quality, land use, resource protection, greenhouse gases, climate
change, population shifts, economic growth, and technological change; and
new text end

new text begin (6) consider the impact of replacing the Environmental Quality Board by the agency
relative to the ability of the state of Minnesota to encourage debate concerning population,
economic, and technological growth so that the consequences and causes of alternative
decisions can be known and understood by the public and its government.
new text end

new text begin Subd. 4. new text end

new text begin Transfer of staff. new text end

new text begin Effective July 1, 2009, the staff of the Environmental
Quality Board are transferred to the Pollution Control Agency under section 15.039. In
addition to any other protection, no employee in the classified service shall suffer job loss,
have a salary reduced, or have employment benefits reduced as a result of a reorganization
mandated or recommended under authority of this section. No action taken after July 1,
2010, shall be considered a result of reorganization for the purposes of this section.
new text end

new text begin Subd. 5. new text end

new text begin Remaining balance. new text end

new text begin Any balance remaining as of June 30, 2009, from the
Environmental Quality Board rulemaking account in the general fund at the Department
of Administration shall be transferred to the Pollution Control Agency to be used for its
original purpose established in Laws 2007, chapter 57, article 1, section 4, subdivision 10.
new text end

Sec. 21. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin Except for Minnesota Statutes, sections 103B.151, subdivision 1, clause (2);
116C.77; 116C.771; 116C.842, subdivisions 1a, 2a, 3a, 3b, and 4; 116G.151; 216B.2425,
subdivision 6; and 473.581, and where the content indicates otherwise, the revisor shall
change the reference to the "Environmental Quality Board" to the "Pollution Control
Agency" wherever it appears in Minnesota Statutes. Where the term "board" is used to
refer to the "Environmental Quality Board" in Minnesota Statutes, the revisor shall change
the term to "agency."
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 13.7411, subdivision 9; 116C.02, subdivision
2; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.24, subdivision 2; 116C.71,
subdivisions 1c and 2a; 116C.91, subdivision 2; 116F.06, subdivision 2; and 116G.03,
subdivision 2, new text end new text begin are repealed effective July 1, 2010.
new text end