HF 2305

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm

1.1A bill for an act

1.2relating to state government; appropriating money or reducing appropriations to
1.3Department of Commerce and Public Utilities Commission to finance certain
1.4programs, projects, and activities; providing for fund transfers; modifying or
1.5adding provisions relating to standards for state-funded outdoor lighting, growth
1.6of the green economy, insurance fraud prevention, a state video franchising study,
1.7a broadband mapping project, and the Green Economy Transformation Task
1.8Force; requiring reports;amending Minnesota Statutes 2006, sections 116J.8731,
1.9subdivision 4; 609.531, subdivision 1; Minnesota Statutes 2007 Supplement,
1.10sections 16B.328, by adding a subdivision; 116J.575, subdivision 1a; proposing
1.11coding for new law in Minnesota Statutes, chapter 116J.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13ARTICLE ...

1.14ENERGY, COMMERCE, UTILITIES

1.15	Section 1. SUMMARY OF APPROPRIATIONS.

1.16    The amounts shown in this section summarize direct appropriations or reductions,
1.17by fund, made in this act.

1.18			2008		2009		Total
1.19	General	$	30,000	$	(186,000)	$	(156,000)
1.20	Special Revenue		-0-		260,000		260,000
1.21	Cancellations		-0-		2,600,000		2,600,000
1.22	Transfers From Other Funds		-0-		9,180,000		9,180,000

1.23 1.24

Sec. 2. COMMERCE AND PUBLIC UTILITIES COMMISSION APPROPRIATIONS AND REDUCTIONS.

1.25    The dollar amounts in the columns under "APPROPRIATIONS AND
1.26REDUCTIONS" are added to or, if shown in parentheses, subtracted from the
2.1appropriations in Laws 2007, chapter 57, or other law to the specified agencies. The
2.2appropriations are from the general fund, or another named fund, and are available for the
2.3fiscal years indicated for each purpose. The figures "2008" and "2009" used in this act
2.4mean that the appropriations listed under them are available for the fiscal year ending June
2.530, 2008, or June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second
2.6year" is fiscal year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations
2.7for the fiscal year ending June 30, 2008, are effective the day following final enactment.

2.8 2.9				APPROPRIATIONS AND REDUCTIONS
2.10				Available for the Year
2.11				Ending June 30
2.12					2008		2009

2.13

Sec. 3. DEPARTMENT OF COMMERCE

2.14

Subdivision 1.Total Appropriation

$

30,000

$

74,000

2.15	Appropriations by Fund
2.16		2008	2009
2.17	General	30,000	(186,000)
2.18	Special Revenue	-0-	260,000
2.19	Cancellations	-0-	2,600,000
2.20 2.21	Transfers From Other Funds	-0-	5,180,000

2.22

Subd. 2.Administration

-0-

84,000

2.23$46,000 in the second year is a base reduction
2.24to the administration program and the Office
2.25of Energy Security.
2.26$130,000 in the second year is a base increase
2.27for staffing to enhance unclaimed property
2.28compliance.

2.29

Subd. 3.Market Assurance

(270,000)

(270,000)

2.30This is a base reduction to the do not call
2.31program.

2.32

Subd. 4.Energy and Telecommunications

300,000

260,000

2.33	Appropriations by Fund
2.34	General Fund	300,000	-0-
2.35 2.36	Special Revenue Fund	-0-	260,000

3.1$300,000 in the first year is for the
3.2solar rebate program. This is a onetime
3.3appropriation and is available until spent.
3.4$175,000 in the second year is a onetime
3.5appropriation for the broadband mapping
3.6project initiated in this article. This
3.7appropriation is from the telecommunications
3.8access Minnesota fund account in the special
3.9revenue fund.
3.10$85,000 in the second year is a onetime
3.11appropriation for transfer to the Board of
3.12Regents of the University of Minnesota for
3.13the state video franchising study initiated in
3.14this article. This appropriation is from the
3.15telecommunications access Minnesota fund
3.16account in the special revenue fund.
3.17Of the amounts appropriated from the
3.18special revenue fund in the second year
3.19to the commissioner of commerce for
3.20renewable energy research under Laws
3.212007, chapter 57, article 2, section 3,
3.22subdivision 6, clause (7), up to $250,000
3.23may be used for cold weather biodiesel
3.24blending infrastructure grants to facilities
3.25that serve Minnesota, $500,000 must be used
3.26to support the algae-to-biofuels research
3.27project at the University of Minnesota
3.28and the Metropolitan Council, and up to
3.29$500,000 must be used for the cap-and-trade
3.30governance and economic and emissions
3.31studies required in 2008 House File 3195.
3.32The appropriation for the cap-and-trade
3.33studies is available only if 2008 House File
3.343195, or legislation requiring the studies, is
3.35enacted.
4.1Of the amounts appropriated from the
4.2special revenue fund in the second year
4.3to the commissioner of commerce for
4.4automotive technology projects under Laws
4.52007, chapter 57, article 2, subdivision 6,
4.6clause (4), up to $200,000 shall be used
4.7for the required report and activities of the
4.8Green Economy Transformation Task Force
4.9established in this article. This is a onetime
4.10appropriation.
4.11Of the assessment amount authorized under
4.12Minnesota Statutes, section 216B.241,
4.13subdivision 1e, up to $200,000 in the
4.14second year shall be used for the required
4.15report and activities of the Green Economy
4.16Transformation Task Force established in
4.17this article. This is a onetime appropriation.

4.18

Subd. 5.Cancellation

4.19Prior to July 31, 2008, $2,600,000 from the
4.20unexpended balance from the appropriation
4.21made in Laws 2007, chapter 57, article
4.222, section 3, subdivision 6, for renewable
4.23hydrogen initiative grants is canceled to the
4.24general fund.

4.25

Subd. 6.Transfers

4.26(a) Insurance Fraud Prevention Account
4.27Prior to July 31, 2008, the commissioner of
4.28finance shall transfer $2,000,000 from the
4.29unexpended balance of the insurance fraud
4.30prevention account established in Minnesota
4.31Statutes, section 45.0135, to the general fund.
4.32After June 15, 2009, and prior to June 30,
4.332009, the commissioner of finance shall
4.34transfer $1,500,000 from the unexpended
5.1balance of the insurance fraud prevention
5.2account established in Minnesota Statutes,
5.3section 45.0135, to the general fund.
5.4(b) Real Estate Education, Research and
5.5Recovery Fund
5.6Prior to July 31, 2008, the commissioner
5.7of finance shall transfer $1,350,000 from
5.8the unexpended balance of the real estate
5.9education, research and recovery fund
5.10established in Minnesota Statutes, section
5.1182.43, to the general fund.
5.12(c) Consumer Education Account
5.13Prior to July 31, 2008, the commissioner
5.14of finance shall transfer $100,000 from
5.15the unexpended balance of the consumer
5.16education account established under
5.17Minnesota Statutes, section 58.10, to the
5.18general fund.
5.19(d) Automobile Theft Prevention Account
5.20Prior to July 31, 2008, the commissioner
5.21of finance shall transfer $230,000 from the
5.22unexpended balance of the automobile theft
5.23prevention account established in Minnesota
5.24Statutes, section 168A.40, to the general
5.25fund.

5.26

Sec. 4. PUBLIC UTILITIES COMMISSION

5.27Prior to July 31, 2008, the commissioner
5.28of finance shall transfer $4,000,000 from
5.29the telephone assistance fund established in
5.30Minnesota Statutes, section 237.701, to the
5.31general fund.

5.32    Sec. 5. Minnesota Statutes 2007 Supplement, section 16B.328, is amended by adding a
5.33subdivision to read:
6.1    Subd. 3. Standards for state-funded outdoor lighting fixtures. (a) An outdoor
6.2lighting fixture may be installed or replaced using state funds only if:
6.3    (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
6.4output of the outdoor lighting fixture is greater than 1,800 lumens;
6.5    (2) the minimum illuminance adequate for the intended purpose is used with
6.6consideration given to nationally recognized standards;
6.7    (3) for lighting of a designated highway of the state highway system, the Department
6.8of Transportation determines that the purpose of the outdoor lighting fixture cannot be
6.9achieved by the installation of reflective road markers, lines, warning or informational
6.10signs, or other effective passive methods; and
6.11    (4) full consideration has been given to energy conservation and savings, reducing
6.12glare, minimizing light pollution, and preserving the natural night environment.
6.13    (b) Paragraph (a) does not apply if:
6.14    (1) a federal law, rule, or regulation preempts state law;
6.15    (2) the outdoor lighting fixture is used on a temporary basis because emergency
6.16personnel require additional illumination for emergency procedures;
6.17    (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
6.18    (4) special events or situations require additional illumination, provided that the
6.19illumination installed shields the outdoor lighting fixtures from direct view and minimizes
6.20upward lighting and light pollution;
6.21    (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
6.22a single object or distinctive building; or
6.23    (6) a compelling safety interest exists that cannot be addressed by another method.
6.24    (c) This subdivision does not apply to the operation and maintenance of lights or
6.25lighting systems purchased or installed, or for which design work is completed, before
6.26August 1, 2008.
6.27    (d) This section does not apply if a state agency or local unit of government
6.28determines that compliance with this section would:
6.29    (1) require an increased use of electricity;
6.30    (2) increase the construction cost of a lighting system more than 15 percent over the
6.31construction cost of a lighting system that does not comply with this section;
6.32    (3) increase the cost of operation and maintenance of the lighting system more than
6.33ten percent over the cost of operating and maintaining the existing lighting system over
6.34the life of the lighting system; or
6.35    (4) result in a negative safety impact.

7.1    Sec. 6. [116J.437] COORDINATING ECONOMIC DEVELOPMENT AND
7.2ENVIRONMENTAL POLICY.
7.3    Subdivision 1. Definitions. For the purpose of this section, "green economy" means
7.4products, processes, methods, technologies, or services intended to do one or more of
7.5the following:
7.6    (1) increase the use of energy from renewable sources, as defined in section
7.7216B.1691;
7.8    (2) increase the energy efficiency of the electric utility infrastructure system or
7.9increase energy conservation related to electricity use, as provided in sections 216B.2401
7.10and 216B.241;
7.11    (3) reduce greenhouse gas emissions, as defined in section 216H.01, subdivision
7.122, or mitigate greenhouse gas emissions through, but not limited to, carbon capture,
7.13storage, or sequestration;
7.14    (4) monitor, protect, restore, and preserve the quality of surface waters; or
7.15    (5) expand use of biofuels, including by expanding the feasibility or reducing the
7.16cost of producing biofuels or the types of equipment, machinery, and vehicles that can use
7.17biofuels.
7.18    Subd. 2. Coordinating economic development and environmental policy. The
7.19commissioner shall cooperate to promote job training that complements green economy
7.20business development.

7.21    Sec. 7. Minnesota Statutes 2007 Supplement, section 116J.575, subdivision 1a, is
7.22amended to read:
7.23    Subd. 1a. Priorities. (a) If applications for grants exceed the available
7.24appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
7.25the highest return in public benefits for the public costs incurred. "Public benefits" include
7.26job creation, bioscience development, environmental benefits to the state and region,
7.27efficient use of public transportation, efficient use of existing infrastructure, provision of
7.28affordable housing, multiuse development that constitutes community rebuilding rather
7.29than single-use development, crime reduction, blight reduction, community stabilization,
7.30and property tax base maintenance or improvement. In making this judgment, the
7.31commissioner shall give priority to redevelopment projects with one or more of the
7.32following characteristics:
7.33    (1) the need for redevelopment in conjunction with contamination remediation needs;
7.34    (2) the redevelopment project meets current tax increment financing requirements
7.35for a redevelopment district and tax increments will contribute to the project;
8.1    (3) the redevelopment potential within the municipality;
8.2    (4) proximity to public transit if located in the metropolitan area;
8.3    (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
8.4and
8.5    (6) multijurisdictional projects that take into account the need for affordable housing,
8.6transportation, and environmental impact; or
8.7    (7) the project advances or promotes the green economy as defined in section
8.8116J.437.
8.9    (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
8.10commissioner may weigh each factor, depending upon the facts and circumstances, as
8.11the commissioner considers appropriate. The commissioner may consider other factors
8.12that affect the net return of public benefits for completion of the redevelopment plan. The
8.13commissioner, notwithstanding the listing of priorities and the goal of maximizing the
8.14return of public benefits, shall make grants that distribute available money to sites both
8.15within and outside of the metropolitan area. Unless sufficient applications are not received
8.16for qualifying sites outside of the metropolitan area, at least 50 percent of the money
8.17provided as grants must be made for sites located outside of the metropolitan area.

8.18    Sec. 8. Minnesota Statutes 2006, section 116J.8731, subdivision 4, is amended to read:
8.19    Subd. 4. Eligible projects. Assistance must be evaluated on the existence of the
8.20following conditions:
8.21    (1) creation of new jobs, retention of existing jobs, or improvements in the quality of
8.22existing jobs as measured by the wages, skills, or education associated with those jobs;
8.23    (2) increase in the tax base;
8.24    (3) the project can demonstrate that investment of public dollars induces private
8.25funds;
8.26    (4) the project can demonstrate an excessive public infrastructure or improvement
8.27cost beyond the means of the affected community and private participants in the project;
8.28    (5) the project provides higher wage levels to the community or will add value to
8.29current workforce skills;
8.30    (6) whether assistance is necessary to retain existing business; and
8.31    (7) whether assistance is necessary to attract out-of-state business; and
8.32    (8) the project promotes or advances the green economy as defined in section
8.33116J.437.
9.1    A grant or loan cannot be made based solely on a finding that the conditions in
9.2clause (6) or (7) exist. A finding must be made that a condition in clause (1), (2), (3),
9.3(4), or (5) also exists.
9.4    Applications recommended for funding shall be submitted to the commissioner.

9.5    Sec. 9. Minnesota Statutes 2006, section 609.531, subdivision 1, is amended to read:
9.6    Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the
9.7following terms have the meanings given them.
9.8    (a) "Conveyance device" means a device used for transportation and includes, but
9.9is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
9.10equipment attached to it. The term "conveyance device" does not include property which
9.11is, in fact, itself stolen or taken in violation of the law.
9.12    (b) "Weapon used" means a dangerous weapon as defined under section 609.02,
9.13subdivision 6 , that the actor used or had in possession in furtherance of a crime.
9.14    (c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
9.15    (d) "Contraband" means property which is illegal to possess under Minnesota law.
9.16    (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
9.17Department of Commerce Division of Insurance Fraud Prevention, the Minnesota Division
9.18of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department,
9.19the Three Rivers Park District park rangers, the Department of Natural Resources Division
9.20of Enforcement, the University of Minnesota Police Department, the Department of
9.21Corrections' Fugitive Apprehension Unit, or a city or airport police department.
9.22    (f) "Designated offense" includes:
9.23    (1) for weapons used: any violation of this chapter, chapter 152, or chapter 624;
9.24    (2) for driver's license or identification card transactions: any violation of section
9.25171.22 ; and
9.26    (3) for all other purposes: a felony violation of, or a felony-level attempt or
9.27conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21;
9.28609.221 ; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282;
9.29609.283 ; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1,
9.30clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345,
9.31subdivision 1 , clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466;
9.32609.485 ; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
9.33609.562 ; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
9.34609.671, subdivisions 3, 4, 5, 8, and 12 ; 609.687; 609.821; 609.825; 609.86; 609.88;
10.1609.89 ; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation
10.2of section 609.891 or 624.7181; or any violation of section 609.324.
10.3    (g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

10.4    Sec. 10. STATE VIDEO FRANCHISING STUDY.
10.5    Subdivision 1. Study contents. The Department of Commerce shall contract for a
10.6study of the impact of legislation enacted in at least three states that requires franchises
10.7for video service to be issued by a state agency. The contractor conducting the study
10.8shall, prior to its initiation, consult with associations representing municipalities and
10.9communities of color. The study shall contain, at a minimum, the following information:
10.10    (1) the number of new video service providers that have applied for a state video
10.11franchise;
10.12    (2) the number of incumbent video service providers that have elected to terminate
10.13an existing franchise agreement and apply for a state video franchise;
10.14    (3) the amount of capital invested by new video service providers to furnish video
10.15service;
10.16    (4) the number of communities in which new video service providers intend to offer
10.17video services, as reflected in their application;
10.18    (5) the number of communities with an incumbent video provider in which new
10.19providers intend to offer video services;
10.20    (6) the number of communities with no incumbent video service provider in which
10.21new video service providers intend to offer video services;
10.22    (7) the effect on video service prices in communities with an incumbent video
10.23provider in which new video service providers offer video services;
10.24    (8) the effect on franchise fee revenues received by municipalities from video
10.25service providers;
10.26    (9) the effect on the number of PEG channels available to communities;
10.27    (10) the effect on the amount of revenues received by municipalities to support the
10.28provision of PEG programming in communities;
10.29    (11) the effect on the amount of PEG programming available in communities;
10.30    (12) the progress of new video providers in meeting any build-out requirements
10.31in the law; and
10.32    (13) the effect on municipal services provided to communities by video service
10.33providers.
11.1    Subd. 2. Report. The department shall submit the report described in subdivision
11.21 to the chairs and ranking minority members of the senate and house committees with
11.3primary jurisdiction over telecommunications policy by February 1, 2009.

11.4    Sec. 11. BROADBAND MAPPING PROJECT.
11.5    Subdivision 1. Project. The commissioner of commerce shall contract with a
11.6nonprofit organization that has significant experience working with broadband providers to
11.7develop geographical information system maps displaying levels of broadband service by
11.8connection speed and type of technology used and integrating the maps with demographic
11.9information to produce a comprehensive statewide inventory and mapping of existing
11.10broadband service and capability.
11.11    Subd. 2. Mapping. Data must be collected from broadband providers and entered
11.12into a geographic information system to produce maps that, for the state of Minnesota and
11.13any defined geographical entity within it, clearly convey the following information:
11.14    (1) areas unserved by any broadband provider;
11.15    (2) areas served by a single broadband provider;
11.16    (3) the location of towers used to transmit and receive broadband signals;
11.17    (4) actual upstream and downstream transmission speeds at the county level of detail;
11.18    (5) areas served by multiple broadband providers; and
11.19    (6) the types of technology used to provide broadband service.
11.20The data used to produce the maps must be capable of being integrated with demographic
11.21data from other sources including, but not limited to, population density and household
11.22income to allow for the production of maps that measure, down to the census block
11.23level of detail, various characteristics of residents in areas receiving different levels of
11.24broadband services and utilizing different technologies. Data provided by a broadband
11.25provider to the contractor under this subdivision is nonpublic data under Minnesota
11.26Statutes, section 13.02, subdivision 9. Maps produced under this subdivision are public
11.27data under Minnesota Statutes, section 13.03.
11.28    For the purposes of this section, "technology" or "technologies" means different
11.29methods of connecting to the Internet including, but not limited to, cable modem, DSL,
11.30ADSL, VDSL, and fiber optics.

11.31    Sec. 12. REPORT.
11.32    The commissioner of commerce, in consultation with the commissioner of
11.33employment and economic development, must analyze all state grant and loan programs
11.34administered by a state agency to develop a plan specific to each program to optimize the
12.1growth of the green economy, as defined in section 1, through program activities. The
12.2report, along with any necessary implementing legislation, must be submitted to the chairs
12.3of the legislative committees with primary jurisdiction over energy, environmental, and
12.4economic development finance or policy issues by January 15, 2009.

12.5    Sec. 13. GREEN ECONOMY TRANSFORMATION TASK FORCE.
12.6    Subdivision 1. Task force. (a) A Green Economy Transformation Task Force is
12.7created to advise and assist the governor and legislature regarding activities to transform
12.8the state's economy, and to develop a statewide action plan as provided under subdivision
12.92. The task force shall consist of:
12.10    (1) three legislators from the house of representatives, including one minority
12.11caucus member, appointed by the speaker, and three legislators from the senate, including
12.12one minority caucus member, appointed by the Subcommittee on Committees of the
12.13Committee on Rules and Administration;
12.14    (2) six representatives from state agencies and institutions appointed by the
12.15governor, including one member from the Office of Energy Security, one member from
12.16the Department of Employment and Economic Security, one member from the Job Skills
12.17Partnership Board, one member from the University of Minnesota, one member from
12.18Minnesota State Colleges and Universities, and one additional member; and
12.19    (3) six persons from the private sector appointed by the cochairs of the task force,
12.20including one member representing the utility industry, one member representing labor,
12.21one member representing manufacturing, one member representing financial institutions,
12.22one member representing venture capital, and one additional member. A cochair shall
12.23be named from among the legislative members by the appointing authority of each
12.24legislative body.
12.25The governor is exempt from the requirements of the open appointments process for
12.26purposes of appointing task force members.
12.27    (b) The Department of Commerce shall provide staff support to the task force. The
12.28task force may accept outside resources to help support its efforts.
12.29    Subd. 2. Duties. (a) By January 15, 2009, the task force shall develop and present to
12.30the legislature and the governor a statewide action plan, including necessary legislation
12.31and budget requests, for transforming the economic system of the state to respond to and
12.32benefit from the environmental and energy policies of the state contained in the:
12.33    (1) renewable energy standard in Minnesota Statutes, section 216B.1691,
12.34subdivision 2a;
13.1    (2) energy conservation requirement in Minnesota Statutes, section 216B.241,
13.2subdivision 1c;
13.3    (3) greenhouse gas emission reduction goals in Minnesota Statutes, section 216H.02,
13.4subdivision 1;
13.5    (4) Clean Water Legacy Act in Minnesota Statutes, chapter 114D; and
13.6    (5) biofuels 25 by 2025 initiative in Minnesota Statutes, sections 41A.10, subdivision
13.72, and 41A.11.
13.8    (b) The plan may consist of legislative actions, administrative actions of
13.9governmental entities, collaborative actions, and actions of individuals and individual
13.10organizations. The plan must be developed following the analysis described in this
13.11paragraph and must be based on the analysis. The analysis must include:
13.12    (1) a market analysis of the business opportunities and needs created by the laws
13.13enumerated in paragraph (a), including local, state, national, and international markets;
13.14    (2) an analysis of the labor force needs related to the market analysis opportunities
13.15identified in clause (1), including educational, training, and retraining needs; and
13.16    (3) an inventory of the current labor and business assets available to respond to the
13.17opportunities identified in clause (1) and the labor needs identified in clause (2).
13.18The task force shall contract for the analysis required by this paragraph.
13.19    (c) The task force expires June 30, 2009.