3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 07/18/2016 02:26pm
A bill for an act
relating to state government; providing supplemental appropriations and policy
for higher education, agriculture, broadband development, state agencies,
the courts, public safety, corrections, environment, natural resources, state
government, veterans, jobs, economic development, labor and industry,
commerce, housing finance, health and human services, early childhood
education, voluntary prekindergarten, kindergarten through grade 12 education,
and community and adult education; providing for the James Metzen Mighty
Ducks Ice Center Development Act; providing policy initiatives for state
government programs; making policy, technical, and conforming changes to
various provisions, including provisions governing broadband development,
state broadband goals, postsecondary student aid programs, agriculture, driver's
licenses, identification cards, predatory offender registration, prostitution, game
and fish, natural resources, state lands, watercraft, recreational vehicles, energy,
utilities, state agencies, the Board of Barbers, veterans, economic development,
labor and industry, housing, the Public Employment Relations Board, Explore
Minnesota Tourism, commerce, children and family services, mental and
chemical health services, direct care and treatment, continuing care, health
care programs, Department of Health programs, and health-related licensing;
making forecast adjustments; making adjustments to certain appropriations;
specifying requirements for construction of highways on tribal lands; creating
a surrogacy commission; modifying state procurement contracts; establishing
certain programs and incentives; providing an income tax subtraction for military
retirement pay; providing an income tax credit for parents of stillborn children;
modifying the sales and use tax rate for retail sales of modular homes; increasing
maximum sentence for felony assault motivated by bias; permitting the purchase
and possession of alcohol by sensory testing firms; authorizing the issuance of
certain liquor licenses; authorizing transfers; creating accounts; creating task
forces; requiring reports; authorizing rulemaking; providing criminal penalties;
amending Minnesota Statutes 2014, sections 3.3005, subdivisions 3, 3b, 4, 5, 6,
by adding subdivisions; 13.3805, by adding a subdivision; 16A.103, by adding a
subdivision; 16C.10, subdivision 6; 16C.16, subdivisions 6, 7, 11, by adding a
subdivision; 16E.0466; 16E.21, subdivision 2, by adding subdivisions; 17.117,
subdivisions 4, 11a; 17.4982, subdivision 18a; 18B.26, subdivision 3; 41A.12,
subdivision 2; 61A.24, by adding a subdivision; 61A.25, by adding a subdivision;
62D.04, subdivision 1; 62D.08, subdivision 3; 62J.495, subdivision 4; 62J.496,
subdivision 1; 62V.05, by adding a subdivision; 84.027, subdivision 13; 84.091,
subdivision 2; 84.798, subdivision 2; 84.8035; 84D.01, subdivision 2; 84D.05,
subdivision 1; 84D.09, subdivision 2; 84D.10, subdivision 4; 84D.108, by adding
a subdivision; 84D.13, subdivision 4; 85.015, subdivision 13; 86B.005, by adding
subdivisions; 88.01, by adding a subdivision; 88.22, subdivision 1; 89.0385;
93.0015, subdivision 3; 93.2236; 94.3495, subdivisions 2, 3, 7; 97A.075,
subdivision 7; 97A.405, subdivision 2; 97A.465, by adding a subdivision;
115C.09, subdivisions 1, 3; 115C.13; 116J.395, subdivisions 4, 5, by adding
subdivisions; 116J.423; 116J.424; 116J.431, subdivisions 1, 2, 4, 6; 116J.68;
116J.8737, subdivisions 2, 3, 5, 12; 116J.8747, subdivisions 1, 2; 116L.99;
116M.14, subdivisions 2, 4, by adding subdivisions; 116M.15, subdivision 1, by
adding a subdivision; 116M.17, subdivisions 2, 4; 116M.18; 120A.42; 120B.02,
by adding a subdivision; 120B.021, subdivisions 1, 3; 120B.11, subdivisions 1a,
2, 3, 4, 5; 120B.12, subdivision 2; 120B.15; 120B.232; 120B.30, subdivision 2, by
adding a subdivision; 120B.31, subdivision 5, by adding subdivisions; 120B.35;
120B.36, as amended; 121A.53; 121A.61, subdivision 3; 121A.64; 122A.09, as
amended; 122A.16; 122A.18, as amended; 122A.21, as amended; 122A.245, as
amended; 122A.31, subdivision 3; 122A.4144; 122A.416; 122A.42; 122A.63,
subdivision 1; 122A.72, subdivision 5; 123A.24, subdivision 2; 123B.045, by
adding a subdivision; 123B.52, subdivision 1; 123B.53, subdivision 5; 123B.571,
subdivision 2; 123B.60, subdivision 1; 123B.71, subdivision 8; 123B.79,
subdivisions 5, 8, 9; 124D.03, subdivision 5a; 124D.111, by adding a subdivision;
124D.1158, subdivisions 3, 4; 124D.135, subdivision 6, by adding subdivisions;
124D.15, subdivisions 3a, 15; 124D.52, subdivisions 1, 2; 124D.55; 124D.59, by
adding a subdivision; 124D.68, subdivision 2; 124D.861, as amended; 125A.091,
subdivision 11; 125A.0942, subdivision 4; 125A.56, subdivision 1; 126C.05,
subdivision 3; 126C.10, subdivisions 2d, 24; 126C.40, subdivision 5; 126C.63,
subdivision 7; 127A.095; 127A.353, subdivision 4; 127A.45, subdivision 6a;
127A.51; 129C.10, subdivision 1; 136A.101, subdivisions 5a, 10; 144.05, by
adding a subdivision; 144A.073, subdivisions 13, 14, by adding a subdivision;
144A.611, subdivisions 1, 2, by adding a subdivision; 144A.75, subdivisions 5,
6, 8, by adding a subdivision; 145.4716, subdivision 2, by adding a subdivision;
149A.50, subdivision 2; 154.001, subdivision 2; 154.002; 154.01; 154.02;
154.04; 154.05; 154.065, subdivisions 2, 4; 154.07; 154.08; 154.09; 154.10,
subdivision 2; 154.11, subdivision 1; 154.14; 154.15; 154.161, subdivision 7;
154.162; 154.19; 154.21; 154.24; 154.25; 161.368; 171.07, subdivisions 6, 7,
15, by adding a subdivision; 197.455, subdivision 1; 214.075, subdivision 3;
216B.16, subdivision 12; 216B.1691, subdivision 10; 216B.241, subdivision
1c; 216B.243, subdivision 8; 216C.20, subdivision 3; 216E.03, subdivision 5;
216H.01, by adding a subdivision; 216H.03, subdivision 1; 237.012; 243.166,
subdivision 1b; 245.92; 245.94; 245.95, subdivision 1; 245.97, subdivision 5;
245.99, subdivision 2; 245A.11, subdivision 2a, as amended; 246.50, subdivision
7; 246.54, as amended; 246B.01, subdivision 1b; 246B.035; 254B.01, subdivision
4a; 254B.03, subdivision 4; 254B.04, subdivision 2a; 254B.06, subdivision 2, by
adding a subdivision; 256.01, by adding a subdivision; 256B.059, subdivisions 1,
2, 3, by adding a subdivision; 256B.06, subdivision 4; 256B.0622, by adding a
subdivision; 256B.0625, subdivisions 30, 34, by adding a subdivision; 256B.15,
subdivisions 1, 1a, 2; 256D.051, subdivision 6b; 256L.01, subdivision 1a;
256L.04, subdivisions 1a, 2; 256L.07, subdivision 1; 256L.11, subdivision
7; 256N.26, subdivision 3; 260C.451, by adding a subdivision; 268.035,
subdivisions 12, 20, 23a, 29, by adding subdivisions; 268.051, subdivision 5;
268.085, subdivisions 4, 5; 268.0865, subdivisions 3, 4; 268.095, subdivisions 1,
2, 5; 268.101, subdivision 2; 268.18; 268.182, subdivision 2; 290.01, subdivision
19b; 297A.62, subdivision 3; 299A.41, subdivisions 3, 4; 326B.439; 326B.49,
subdivision 1; 327.14, subdivision 8; 327C.03, subdivision 6; 327C.095,
subdivisions 12, 13; 373.48, subdivision 3; 462A.204, subdivisions 1, 3; 484.90,
subdivision 6; 518.175, subdivision 5; 518A.34; 518A.35, subdivision 1;
518A.36; 609.3241; 626.556, subdivision 3e; 626.558, subdivisions 1, 2, by
adding a subdivision; Minnesota Statutes 2015 Supplement, sections 16A.152,
subdivision 2; 16A.724, subdivision 2; 16C.073, subdivision 2; 16C.16,
subdivision 6a; 41A.14; 41A.15, subdivision 10, by adding subdivisions;
41A.16, subdivision 1; 41A.17, subdivisions 1, 2; 41A.18, subdivision 1; 84.027,
subdivision 13a; 84D.11, subdivision 1; 84D.13, subdivision 5; 116D.04,
subdivision 2a; 116J.394; 120A.41; 120B.021, subdivision 4; 120B.125;
120B.30, subdivision 1; 120B.301; 120B.31, subdivision 4; 122A.23; 122A.40,
subdivision 8; 122A.41, subdivision 5; 122A.414, subdivisions 1, 2, 2b, 3;
122A.415, subdivision 4; 122A.60, subdivision 4; 123B.53, subdivision 1;
123B.595, subdivisions 1, 4, 7, 8, 9, 10, 11, by adding a subdivision; 124D.231,
subdivision 2; 124D.59, subdivision 2; 124D.73, subdivision 4; 124E.01;
124E.02; 124E.03; 124E.05; 124E.06; 124E.07; 124E.08; 124E.10; 124E.12;
124E.13; 124E.15; 124E.16; 124E.17; 124E.22; 124E.24; 124E.25; 124E.26;
125A.08; 125A.083; 125A.0942, subdivision 3; 125A.11, subdivision 1;
125A.21, subdivision 3; 125A.63, subdivision 4; 125A.76, subdivision 2c;
125A.79, subdivision 1; 126C.05, subdivision 1; 126C.10, subdivision 13a;
126C.48, subdivision 8; 127A.05, subdivision 6; 127A.47, subdivision 7;
136A.121, subdivision 7a; 136A.125, subdivisions 2, 4; 136A.1791, subdivisions
4, 5, 6; 136A.246, by adding subdivisions; 136A.87; 136F.302, subdivision
1; 144.4961, subdivisions 3, 4, 5, 6, 8, by adding subdivisions; 144A.75,
subdivision 13; 149A.92, subdivision 1; 154.003; 154.11, subdivision 3; 154.161,
subdivision 4; 197.46; 245.735, subdivisions 3, 4; 254B.05, subdivision 5;
256B.059, subdivision 5; 256B.0625, subdivision 17a; 256B.431, subdivision
36; 256B.76, subdivisions 2, 4; 256B.766; 256L.01, subdivision 5; 256L.04,
subdivision 7b; 256L.05, subdivision 3a; 256L.06, subdivision 3; 256L.15,
subdivision 1; 256P.06, subdivision 3; 260C.203; 260C.212, subdivisions 1,
14; 260C.215, subdivision 4; 260C.451, subdivision 6; 260C.521, subdivision
1; 268.07, subdivision 3b; 268.085, subdivision 2; 326B.13, subdivision 8;
326B.988; 518A.26, subdivision 14; 518A.39, subdivision 2; 583.215; 609.324,
subdivision 1; 626.556, subdivision 2; Laws 2001, chapter 130, section 3; Laws
2011, First Special Session chapter 11, article 4, section 8; Laws 2014, chapter
198, article 2, section 2; Laws 2014, chapter 211, section 13; Laws 2014, chapter
312, article 2, sections 14; 15; article 12, section 6, subdivision 5, as amended;
Laws 2015, chapter 65, article 1, section 18; Laws 2015, chapter 69, article 1,
section 3, subdivision 28; article 3, sections 20, subdivision 15; 24, subdivision
1; Laws 2015, chapter 71, article 8, section 24; article 14, section 4, subdivision
3; Laws 2015, First Special Session chapter 1, article 1, sections 2, subdivision 3;
4; 6; article 6, section 16; Laws 2015, First Special Session chapter 3, article 1,
sections 24; 27, subdivisions 2, 4, 5, 6, 7, 9; article 2, section 70, subdivisions
2, 3, 4, 5, 6, 7, 11, 12, 15, 19, 21, 24, 26; article 4, sections 4; 9, subdivision 2;
article 5, section 30, subdivisions 2, 3, 5; article 6, section 13, subdivisions 2, 3, 6,
7; article 7, section 7, subdivisions 2, 3, 4; article 9, section 8, subdivisions 5, 6,
7, 9; article 10, section 3, subdivisions 2, 6, 7; article 11, section 3, subdivisions
2, 3; article 12, section 4, subdivision 2; Laws 2015, First Special Session chapter
4, article 1, sections 2, subdivisions 2, 4; 5; article 3, section 3, subdivisions 2,
5; article 4, section 131; proposing coding for new law in Minnesota Statutes,
chapters 17; 41A; 62D; 84D; 86B; 116J; 116L; 119A; 120B; 121A; 123B; 124D;
136A; 136F; 144; 145; 216B; 240A; 254B; 260C; 260D; 290; 325E; 462A; 518A;
609; proposing coding for new law as Minnesota Statutes, chapters 147F; 153B;
repealing Minnesota Statutes 2014, sections 116P.13; 122A.413, subdivision
3; 122A.43, subdivision 6; 123B.60, subdivision 2; 123B.79, subdivisions 2,
6; 149A.92, subdivision 11; 154.03; 154.06; 154.11, subdivision 2; 154.12;
216B.1612; 216C.39; 256B.059, subdivision 1a; 256L.04, subdivisions 2a, 8;
256L.22; 256L.24; 256L.26; 256L.28; Minnesota Statutes 2015 Supplement,
section 122A.413, subdivisions 1, 2; Special Laws 1891, chapter 57, chapter XII,
section 5; Laws 2015, First Special Session chapter 4, article 2, section 81.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2015, chapter 69, article 1, unless otherwise specified, 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 "2016" and "2017" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2016, or
June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
year 2017. "The biennium" is fiscal years 2016 and 2017.
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
2016 new text end |
new text begin
2017 new text end |
Sec. 2. new text begin MINNESOTA OFFICE OF HIGHER
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriations
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,210,000 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
Equity in Postsecondary Education
|
new text begin
-0- new text end |
new text begin
500,000 new text end |
new text begin
For equity in postsecondary attainment
grants under section 31. This appropriation
is available until June 30, 2020. Of this
appropriation, $25,000 may be used for
administration expenses to administer
the grant program. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
State Grant
|
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
new text begin
For the state grant program under Minnesota
Statutes, section 136A.121. This is a onetime
appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Addiction Medicine Graduate
|
new text begin
-0- new text end |
new text begin
210,000 new text end |
new text begin
For establishing a grant program used to
support up to four physicians who are enrolled
each year in an addiction medicine fellowship
program. A grant recipient must be enrolled
in a program that trains fellows in diagnostic
interviewing, motivational interviewing,
addiction counseling, recognition and care
of common acute withdrawal syndromes
and complications, pharmacotherapies
of addictive disorders, epidemiology and
pathophysiology of addiction, addictive
disorders in special populations, secondary
interventions, use of screening and diagnostic
instruments, inpatient care, and working
within a multidisciplinary team, and prepares
doctors to practice addiction medicine in
rural and underserved areas of the state. The
base for this program is $210,000 in fiscal
year 2018 and $0 in fiscal year 2019.
new text end
new text begin Subd. 5. new text end
new text begin
Student and Employer Connection
|
new text begin
-0- new text end |
new text begin
500,000 new text end |
new text begin
For a grant to the Saint Paul Foundation
for the creation of a web-based job and
intern-seeking software tool that blind
matches the needs of employers located
in Minnesota with the individual profiles
of high school seniors and postsecondary
students attending Minnesota high schools
and postsecondary institutions. No more
than three percent of this appropriation may
be used for administrative expenses of the
foundation. The foundation must report by
January 15, 2017, on activities under this
subdivision to the chairs and ranking minority
members of the legislative committees with
jurisdiction over higher education finance.
The base for this appropriation is $405,000
in fiscal year 2018.
new text end
Sec. 3. new text begin BOARD OF TRUSTEES OF THE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriations
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
790,000 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
Operating Support and Protecting
|
new text begin
-0- new text end |
new text begin
570,000 new text end |
new text begin Subd. 3. new text end
new text begin
MnSCU Open Textbooks
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
new text begin
(a) For programs on system campuses
that promote adoption of open textbooks.
Programs must focus on the review, creation,
and promotion of new or existing open
textbooks and on saving money for students
while meeting the academic needs of faculty.
This is a onetime appropriation.
new text end
new text begin
(b) By January 15, 2017, the board shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over higher education regarding
the progress of the pilot programs. The
report shall include a summary of each pilot
program and the total savings expected for
students as a result of the programs.
new text end
new text begin Subd. 4. new text end
new text begin
MnSCU Open Textbook Library
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
new text begin
To expand and promote the open textbook
library to faculty across the state. This is a
onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Cook County Higher Education Board
|
new text begin
-0- new text end |
new text begin
20,000 new text end |
new text begin
For transfer to the Cook County Higher
Education Board to provide educational
programming and academic support services
to remote regions in northeastern Minnesota.
This appropriation is in addition to other
funds previously appropriated for transfer to
the board.
new text end
Sec. 4. new text begin BOARD OF REGENTS OF THE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
900,000 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
Health Training Restoration
|
new text begin
800,000 new text end |
new text begin
This appropriation must be used to support
all of the following:
new text end
new text begin
(1) faculty physicians who teach at eight
residency program sites, including medical
resident and student training programs in the
Department of Family Medicine;
new text end
new text begin
(2) the Mobile Dental Clinic; and
new text end
new text begin
(3) expansion of geriatric education and
family programs.
new text end
new text begin Subd. 3. new text end
new text begin
Rochester Campus, Collegiate
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
new text begin
(a) To design and implement a collegiate
recovery program at its Rochester campus.
This is a onetime appropriation and is
available until June 30, 2019.
new text end
new text begin
(b) The purpose of the collegiate recovery
program is to provide structured support
for students in recovery from alcohol,
chemical, or other addictive behaviors.
Program activities may include, but are not
limited to, specialized professional support
through academic, career, and financial
advising; establishment of on-campus
or residential peer support communities;
and opportunities for personal growth
through leadership development and other
community engagement activities.
new text end
new text begin
(c) No later than January 15, 2020, the
Board of Regents must submit a report to
the chairs and ranking minority members of
the legislative committees with jurisdiction
over higher education finance and policy on
campus recovery program outcomes. Based
on available data, the report must describe,
in summary form, the number of students
participating in the program and the success
rate of participants, including retention and
graduation rates, and long-term recovery and
relapse rates.
new text end
Sec. 5. new text begin OFFICE OF OMBUDSMAN
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
For the duties of the office related to clinical
drug trials at the Department of Psychiatry at
the University of Minnesota.
new text end
new text begin
The appropriation made by Laws 2015, chapter 69, article 1, section 3, subdivision
18, paragraph (c), for fiscal year 2017 for information technology and administrative costs
is available on the effective date of this section and until June 30, 2017.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner may accept donations, grants, bequests, and other gifts of money
to carry out the purposes of section 136A.01. Donations, nonfederal grants, bequests, or
other gifts of money accepted by the commissioner must be deposited in an account in
the special revenue fund and is appropriated to the commissioner for the purpose for
which it was given.
new text end
Minnesota Statutes 2014, section 136A.101, subdivision 5a, is amended to read:
"Assigned family responsibility" means
the amount of a family's contribution to a student's cost of attendance, as determined by a
federal need analysis. For dependent students, the assigned family responsibility is deleted text begin 96deleted text end new text begin
94new text end percent of the parental contribution. For independent students with dependents other
than a spouse, the assigned family responsibility is 86 percent of the student contribution.
For independent students without dependents other than a spouse, the assigned family
responsibility is 50 percent of the student contribution.
Minnesota Statutes 2014, section 136A.101, subdivision 10, is amended to read:
"Satisfactory academic progress"
means satisfactory academic progress as defined under Code of Federal Regulations, title
34, sections 668.16(e), 668.32(f), and 668.34new text begin , except that a student with an intellectual
disability as defined in Code of Federal Regulations, title 34, section 668.231, enrolled
in an approved comprehensive transition and postsecondary program under that section
is subject to the institution's published satisfactory academic process standards for that
program as approved by the Office of Higher Educationnew text end .
Minnesota Statutes 2015 Supplement, section 136A.121, subdivision 7a,
is amended to read:
If the amount appropriated is determined by the
office to be more than sufficient to fund projected grant demand in the second year of the
biennium, the office may increase the living and miscellaneous expense allowance deleted text begin or the
deleted text end deleted text begin tuition and fee maximumsdeleted text end in the second year of the biennium by up to an amount that
retains sufficient appropriations to fund the projected grant demand. The adjustment may
be made one or more times. In making the determination that there are more than sufficient
funds, the office shall balance the need for sufficient resources to meet the projected
demand for grants with the goal of fully allocating the appropriation for state grants. An
increase in the living and miscellaneous expense allowance under this subdivision does
not carry forward into a subsequent biennium.
Minnesota Statutes 2015 Supplement, section 136A.125, subdivision 2,
is amended to read:
(a) An applicant is eligible for a child care grant if
the applicant:
(1) is a resident of the state of Minnesota or the applicant's spouse is a resident
of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age or younger who is
disabled as defined in section 125A.02, and who is receiving or will receive care on a
regular basis from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's policies and rules, but is not a
recipient of assistance from the Minnesota family investment program;
(4) new text begin either new text end has not earned a baccalaureate degree and has been enrolled full time less
than eight semesters or the equivalentnew text begin , or has earned a baccalaureate degree and has been
enrolled full time less than eight semesters or the equivalent in a graduate or professional
degree programnew text end ;
(5) is pursuing a nonsectarian program or course of study that applies to an
undergraduatenew text begin , graduate, or professionalnew text end degree, diploma, or certificate;
(6) is enrolled new text begin innew text end at least deleted text begin half timedeleted text end new text begin six credits in an undergraduate program or one
credit in a graduate or professional programnew text end in an eligible institution; and
(7) is in good academic standing and making satisfactory academic progress.
(b) A student who withdraws from enrollment for active military service after
December 31, 2002, because the student was ordered to active military service as defined
in section 190.05, subdivision 5b or 5c, or for a major illness, while under the care of a
medical professional, that substantially limits the student's ability to complete the term
is entitled to an additional semester or the equivalent of grant eligibility and will be
considered to be in continuing enrollment status upon return.
Minnesota Statutes 2015 Supplement, section 136A.125, subdivision 4,
is amended to read:
(a) The amount of a child care grant
must be based on:
(1) the income of the applicant and the applicant's spouse;
(2) the number in the applicant's family, as defined by the office; and
(3) the number of eligible children in the applicant's family.
(b) The maximum award to the applicant shall be $2,800 for each eligible child per
academic year, except that the campus financial aid officer may apply to the office for
approval to increase grants by up to ten percent to compensate for higher market charges
for infant care in a community. The office shall develop policies to determine community
market costs and review institutional requests for compensatory grant increases to ensure
need and equal treatment. The office shall prepare a chart to show the amount of a grant
that will be awarded per child based on the factors in this subdivision. The chart shall
include a range of income and family size.
(c) Applicants with family incomes at or below a percentage of the federal poverty
level, as determined by the commissioner, will qualify for the maximum award. The
commissioner shall attempt to set the percentage at a level estimated to fully expend the
available appropriation for child care grants. Applicants with family incomes exceeding
that threshold will receive the maximum award minus ten percent of their income
exceeding that threshold. If the result is less than zero, the grant is zero.
(d) The academic year award amount must be disbursed by academic term using the
following formula:
(1) the academic year amount described in paragraph (b);
(2) divided by the number of terms in the academic year;
(3) divided by 15new text begin for undergraduate students and six for graduate and professional
studentsnew text end ; and
(4) multiplied by the number of credits for which the student is enrolled that
academic term, up to 15 creditsnew text begin for undergraduate students and six for graduate and
professional studentsnew text end .
(e) Payments shall be made each academic term to the student or to the child care
provider, as determined by the institution. Institutions may make payments more than
once within the academic term.
Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 4,
is amended to read:
Each applicant for loan forgiveness,
according to rules adopted by the commissioner, shall:
(1) apply for teacher shortage loan forgiveness and promptly submit any additional
information required by the commissioner;new text begin and
new text end
deleted text begin
(2) annually reapply for up to five consecutive school years and submit information
the commissioner requires to determine the applicant's continued eligibility for loan
forgiveness; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end submit to the commissioner a completed affidavit, prescribed by the
commissioner, affirming the teacher is teaching innew text begin : (i)new text end a licensure field deleted text begin and indeleted text end new text begin identified by
the commissioner as experiencing a teacher shortage; or (ii)new text end an economic development
region identified by the commissioner as experiencing a teacher shortage.
Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 5,
is amended to read:
(a) To the extent funding is available, the
annual amount of teacher shortage loan forgiveness for an approved applicant shall not
exceed $1,000 or the cumulative balance of the applicant's qualified educational loans,
including principal and interest, whichever amount is less.
(b) Recipients must secure their own qualified educational loans. Teachers who
graduate from an approved teacher preparation program or teachers who add a licensure
field, consistent with the teacher shortage requirements of this section, are eligible to
apply for the loan forgiveness program.
new text begin
(c) No teacher shall receive more than five annual awards.
new text end
Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 6,
is amended to read:
(a) The commissioner must make annual disbursements
directly to the participant of the amount for which a participant is eligible, for each year
that a participant is eligible.
(b) Within 60 days of deleted text begin receipt of adeleted text end new text begin the new text end disbursementnew text begin datenew text end , the participant must provide
the commissioner with verification that the full amount of loan repayment disbursement
has been applied toward the designated loans. A participant that previously received
funds under this section but has not provided the commissioner with such verification
is not eligible to receive additional funds.
new text begin
(a) For the purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Employer" means an organization, agency, or entity that is a public service
organization under Code of Federal Regulations, title 34, part 685, section 219, provided
that the following are not employers:
new text end
new text begin
(1) a federal or tribal government organization, agency, or entity; and
new text end
new text begin
(2) a tribal college or university.
new text end
new text begin
(c) "Employment certification form" means the form used by the United States
Department of Education to certify an individual's employment at a public service
organization for the purposes of the federal public service loan forgiveness program.
new text end
new text begin
(d) "Federal loan forgiveness program" means a loan forgiveness program offered
under Code of Federal Regulations, title 34, part 685.
new text end
new text begin
(e) "Public service loan forgiveness program" means the loan forgiveness program
under Code of Federal Regulations, title 34, part 685, section 219.
new text end
new text begin
(f) "Public service organization" means a public service organization under Code of
Federal Regulations, title 34, part 685, section 219.
new text end
new text begin
(a) The
commissioner must develop and distribute informational materials designed to increase
awareness of federal public service loan forgiveness programs among Minnesota residents
who are eligible for those programs. At a minimum, the commissioner must develop and
distribute informational materials that public service organizations may use to promote
awareness of the federal public service loan forgiveness program, including:
new text end
new text begin
(1) a one-page letter addressed to individuals who may be eligible for the public
service loan forgiveness program that briefly summarizes the program, provides
information on what an eligible individual must do in order to participate, and recommends
that they contact their student loan servicer or servicers for additional information;
new text end
new text begin
(2) a detailed fact sheet describing the public service loan forgiveness program; and
new text end
new text begin
(3) a document containing answers to frequently asked questions about the public
service loan forgiveness program.
new text end
new text begin
(b) In place of developing and publishing an informational document required under
paragraph (a), the commissioner may distribute a document published by a federal agency
that meets the requirements of paragraph (a).
new text end
new text begin
The commissioner must make
the informational materials required under subdivision 2 available on the office's Web
site and must verify each biennium that the informational materials contain current
information. The commissioner must update and correct any informational materials that
the commissioner finds inaccurate or outdated.
new text end
new text begin
(a) An employer must provide an employee with
information about the employee's potential eligibility for the federal public service loan
forgiveness program. An employer must annually provide to each employee in written or
electronic form the one-page letter, fact sheet, and frequently asked questions required
under subdivision 2. In addition, an employer must provide a newly hired employee with
that information within two weeks of the employee's first day of employment.
new text end
new text begin
(b) At an employee's request, an employer must provide the employee with a copy
of the employment certification form.
new text end
new text begin
Subdivision 4 is effective January 1, 2017.
new text end
new text begin
The commissioner shall provide information to public and private teacher education
programs concerning public and private student loan programs that provide for full or
partial repayment forgiveness. Teacher education programs must provide the information
furnished by the commissioner to their teacher education students.
new text end
Minnesota Statutes 2015 Supplement, section 136A.246, is amended by
adding a subdivision to read:
new text begin
A dual training account is created in the special
revenue fund in the state treasury. The commissioner shall deposit into the account
appropriations made for the purposes of this section. Money in the account is appropriated
to the commissioner for the purposes for which it was appropriated.
new text end
Minnesota Statutes 2015 Supplement, section 136A.246, is amended by
adding a subdivision to read:
new text begin
The commissioner may expend up to five
percent of the appropriation made for the purposes of this section for administration
of this section.
new text end
Minnesota Statutes 2015 Supplement, section 136A.87, is amended to read:
new text begin (a) new text end The office shall make available to all residents beginning in 7th grade through
adulthood information about planning and preparing for postsecondary opportunities.
Information must be provided to all 7th grade students and their parents annually
by September 30 about planning for their postsecondary education. The office may
also provide information to high school students and their parents, to adults, and to
out-of-school youth.
new text begin
(b) The office shall gather and share information with students and parents about
the dual credit acceptance policies of each Minnesota public and private college and
university. The office shall gather and share information related to the acceptance policies
for concurrent enrollment courses, postsecondary enrollment options courses, advanced
placement courses, and international baccalaureate courses. This information must be
shared on the office's Web site and included in the information under paragraph (a).
new text end
new text begin (c)new text end The information provided new text begin under paragraph (a) new text end may include the following:
(1) the need to start planning early;
(2) the availability of assistance in educational planning from educational institutions
and other organizations;
(3) suggestions for studying effectively during high school;
(4) high school courses necessary to be adequately prepared for postsecondary
education;
(5) encouragement to involve parents actively in planning for all phases of education;
(6) information about postsecondary education and training opportunities existing
in the state, their respective missions and expectations for students, their preparation
requirements, admission requirements, and student placement;
(7) ways to evaluate and select postsecondary institutions;
(8) the process of transferring credits among Minnesota postsecondary institutions
and systems;
(9) the costs of postsecondary education and the availability of financial assistance
in meeting these costs, including specific information about the Minnesota Promise;
(10) the interrelationship of assistance from student financial aid, public assistance,
and job training programs; and
(11) financial planning for postsecondary education.
new text begin
This section is effective for the 2016-2017 school year and
later.
new text end
Minnesota Statutes 2015 Supplement, section 136F.302, subdivision 1,
is amended to read:
new text begin (a)new text end A state college or university
deleted text begin maydeleted text end new text begin must new text end not require an individual to take a remedial, noncredit course in a subject area if
the individual has received a college ready ACT new text begin or SAT new text end score in that subject area.
new text begin
(b) When deciding if an individual is admitted to or if an individual may enroll in a
state college or university, the state college or university must consider the individual's
scores on the high school Minnesota Comprehensive Assessments, in addition to other
factors determined relevant by the college or university.
new text end
Minnesota Statutes 2014, section 245.92, is amended to read:
The ombudsman for persons receiving services or treatment for mental illness,
developmental disabilities, chemical dependency, or emotional disturbance shall promote
the highest attainable standards of treatment, competence, efficiency, and justice. The
ombudsman may gather information and data about decisions, acts, and other matters of an
agency, facility, or programnew text begin , and shall monitor the treatment of individuals participating in
a University of Minnesota Department of Psychiatry clinical drug trialnew text end . The ombudsman
is appointed by the governor, serves in the unclassified service, and may be removed only
for just cause. The ombudsman must be selected without regard to political affiliation and
must be a person who has knowledge and experience concerning the treatment, needs,
and rights of clients, and who is highly competent and qualified. No person may serve as
ombudsman while holding another public office.
Minnesota Statutes 2014, section 245.94, is amended to read:
(a) The ombudsman may prescribe the methods by which
complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
not levy a complaint fee.
(b) The ombudsman may mediate or advocate on behalf of a client.
(c) The ombudsman may investigate the quality of services provided to clients and
determine the extent to which quality assurance mechanisms within state and county
government work to promote the health, safety, and welfare of clients, other than clients
in acute care facilities who are receiving services not paid for by public funds. The
ombudsman is a health oversight agency as defined in Code of Federal Regulations,
title 45, section 164.501.
(d) At the request of a client, or upon receiving a complaint or other information
affording reasonable grounds to believe that the rights of a client who is not capable
of requesting assistance have been adversely affected, the ombudsman may gather
information and data about and analyze, on behalf of the client, the actions of an agency,
facility, or program.
(e) The ombudsman may gather, on behalf of a client, records of an agency, facility,
or programnew text begin , or records related to clinical drug trials from the University of Minnesota
Department of Psychiatry,new text end if the records relate to a matter that is within the scope of the
ombudsman's authority. If the records are private and the client is capable of providing
consent, the ombudsman shall first obtain the client's consent. The ombudsman is
not required to obtain consent for access to private data on clients with developmental
disabilities. The ombudsman is not required to obtain consent for access to private data
on decedents who were receiving services for mental illness, developmental disabilities,
or emotional disturbance. All data collected, created, received, or maintained by the
ombudsman are governed by chapter 13 and other applicable law.
(f) Notwithstanding any law to the contrary, the ombudsman may subpoena a person
to appear, give testimony, or produce documents or other evidence that the ombudsman
considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
of an investigation possesses the same privileges that a witness possesses in the courts or
under the law of this state. Data obtained from a person under this paragraph are private
data as defined in section 13.02, subdivision 12.
(g) The ombudsman may, at reasonable times in the course of conducting a review,
enter and view premises within the control of an agency, facility, or program.
(h) The ombudsman may attend Department of Human Services Review Board
and Special Review Board proceedings; proceedings regarding the transfer of patients
or residents, as defined in section 246.50, subdivisions 4 and 4a, between institutions
operated by the Department of Human Services; and, subject to the consent of the affected
client, other proceedings affecting the rights of clients. The ombudsman is not required to
obtain consent to attend meetings or proceedings and have access to private data on clients
with developmental disabilities.
(i) The ombudsman shall gather data of agencies, facilities, or programs classified
as private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding
services provided to clients with developmental disabilities.
(j) To avoid duplication and preserve evidence, the ombudsman shall inform
relevant licensing or regulatory officials before undertaking a review of an action of
the facility or program.
(k)new text begin The ombudsman shall monitor the treatment of individuals participating in
a University of Minnesota Department of Psychiatry clinical drug trial and ensure that
all protections for human subjects required by federal law and the Institutional Review
Board are provided.
new text end
new text begin (l)new text end Sections 245.91 to 245.97 are in addition to other provisions of law under which
any other remedy or right is provided.
(a) In selecting matters for review by the
office, the ombudsman shall give particular attention to unusual deaths or injuries of a
client or reports of emergency use of manual restraint as identified in section 245D.061,
served by an agency, facility, or program, or actions of an agency, facility, or program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of
an agency, facility, or program;
(3) may be mistaken in law or arbitrary in the ascertainment of facts;
(4) may be unclear or inadequately explained, when reasons should have been
revealed;
(5) may result in abuse or neglect of a person receiving treatment;
(6) may disregard the rights of a client or other individual served by an agency
or facility;
(7) may impede or promote independence, community integration, and productivity
for clients; or
(8) may impede or improve the monitoring or evaluation of services provided to
clients.
(b) The ombudsman shall, in selecting matters for review and in the course of the
review, avoid duplicating other investigations or regulatory efforts.
new text begin
(c) The ombudsman shall give particular attention to the death or unusual injury of
any individual who is participating in a University of Minnesota Department of Psychiatry
clinical drug trial.
new text end
Within 24 hours after a client suffers death or
serious injury, the agency, facility, deleted text begin ordeleted text end program directornew text begin , or lead investigator of a clinical
drug trial at the University of Minnesota Department of Psychiatrynew text end shall notify the
ombudsman of the death or serious injury. The emergency use of manual restraint must
be reported to the ombudsman as required under section 245D.061, subdivision 8. The
ombudsman is authorized to receive identifying information about a deceased client
according to Code of Federal Regulations, title 42, section 2.15, paragraph (b).
new text begin (a) new text end The ombudsman may receive a complaint from any
source concerning an action of an agency, facility, or program. After completing a review,
the ombudsman shall inform the complainant and the agency, facility, or program.
No client may be punished nor may the general condition of the client's treatment be
unfavorably altered as a result of an investigation, a complaint by the client, or by another
person on the client's behalf. An agency, facility, or program shall not retaliate or take
adverse action against a client or other person, who in good faith makes a complaint or
assists in an investigation. The ombudsman may classify as confidential, the identity of a
complainant, upon request of the complainant.
new text begin
(b) The ombudsman shall receive a complaint from any source concerning an
action or inaction of the University of Minnesota Department of Psychiatry related
to an individual who is enrolled in a department-approved clinical drug trial. No
individual participating in the trial may be punished, nor may the general condition of
the individual's treatment be unfavorably altered, as a result of an investigation or a
complaint by the individual or the individual's advocate. The university shall not retaliate
or take adverse action against any person who in good faith makes a complaint or assists
in an investigation. The ombudsman may classify the identity of the complainant as
confidential, upon request of the complainant.
new text end
(a) If, after reviewing a complaint or
conducting an investigation and considering the response of an agency, facility, or
program and any other pertinent material, the ombudsman determines that the complaint
has merit or the investigation reveals a problem, the ombudsman may recommend that
the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy;
(4) explain more fully the action in question; or
(5) take other action.
(b) At the ombudsman's request, the agency, facility, or program shall, within a
reasonable time, inform the ombudsman about the action taken on the recommendation
or the reasons for not complying with it.
new text begin
If, after reviewing a
complaint or conducting an investigation and considering the response of the clinical drug
trial's primary investigator or the Department of Psychiatry, the ombudsman determines
that the complaint has merit or the investigation reveals noncompliance with the federal
protection of human subjects requirements or the requirements of the Institutional Review
Board, the ombudsman shall recommend that the Board of Regents of the University of
Minnesota take corrective action to remedy the violations.
new text end
Minnesota Statutes 2014, section 245.95, subdivision 1, is amended to read:
The ombudsman may send conclusions and
suggestions concerning any matter reviewed to the governor. Before making public a
conclusion or recommendation that expressly or implicitly criticizes an agency, facility,
program, or any person, the ombudsman shall consult with the governor and the agency,
facility, program, or person concerning the conclusion or recommendation. When sending
a conclusion or recommendation to the governor that is adverse to an agency, facility,
program, or any person, the ombudsman shall include any statement of reasonable length
made by that agency, facility, program, or person in defense or mitigation of the office's
conclusion or recommendation.new text begin For purposes of this subdivision, "agency, facility,
program, or any person" includes the University of Minnesota Department of Psychiatry
and its employees working in clinical drug trials.
new text end
Minnesota Statutes 2014, section 245.97, subdivision 5, is amended to read:
At least five members of the committee,
including at least three physicians, one of whom is a psychiatrist, must be designated by
the governor to serve as a Medical Review Subcommittee. Terms of service, vacancies,
and compensation are governed by subdivision 2. The governor shall designate one of
the members to serve as chair of the subcommittee. The Medical Review Subcommittee
may have access to private and confidential data collected or created by the ombudsman
that are necessary to fulfill the duties of the Medical Review Subcommittee under this
section and may:
(1) make a preliminary determination of whether the death of a client that has been
brought to its attention is unusual or reasonably appears to have resulted from causes other
than natural causes and warrants investigation;
(2) review the causes of and circumstances surrounding the death;
(3) request the county coroner or medical examiner to conduct an autopsy;
(4) assist an agency in its investigations of unusual deaths and deaths from causes
other than natural causes; deleted text begin and
deleted text end
(5)new text begin make a preliminary determination of whether the death of a participant in a
clinical drug trial conducted by the University of Minnesota Department of Psychiatry
appears to have resulted from causes other than natural causes and warrants investigation
and reporting as required by federal laws on the protection of human subjects; and
new text end
new text begin (6)new text end submit a report regarding the death of a client to the committee, the ombudsman,
the client's next-of-kin, and the facility where the death occurred and, where appropriate,
make recommendations to prevent recurrence of similar deaths to the head of each affected
agency or facilitynew text begin , or the Board of Regents of the University of Minnesotanew text end .
Laws 2015, chapter 69, article 3, section 20, subdivision 15, is amended to read:
(a) A college must report to the commissioner the following
information:
(1) the number of grantees and their race, gender, and ethnicity;
(2) grantee persistence and completion;
(3) employment outcomes; and
(4) other information requested by the commissioner.
(b) The commissioner shall report deleted text begin annuallydeleted text end by January 15, new text begin 2017, and January 15,
2018, new text end to the chairs and ranking minority members of the legislative committees with
jurisdiction over higher education finance by college and in aggregate on the information
submitted to the commissioner under paragraph (a). The commissioner may include in the
report recommendations for changes in the grant program.
Laws 2015, chapter 69, article 3, section 24, subdivision 1, is amended to read:
The commissioner of the Office of Higher
Education shall make a grant to a nonprofit qualified debt counseling organization to
provide individual student loan debt repayment counseling to borrowers who are Minnesota
residents concerning loans obtained to attend a Minnesota postsecondary institution. deleted text begin The
counseling shall be provided to borrowers who are 30 to 60 days delinquent when they
are referred to or otherwise identified by the organization as candidates for counseling.
deleted text end The number of individuals receiving counseling may be limited to those capable of being
served with available appropriations for that purpose. A goal of the counseling program is
to provide two counseling sessions to at least 75 percent of borrowers receiving counseling.
The purpose of the counseling is to assist borrowers to:
(1) understand their loan and repayment options;
(2) manage loan repayment; and
(3) develop a workable budget based on the borrower's full financial situation
regarding income, expenses, and other debt.
new text begin
This section is effective the day following final enactment
and is retroactive to July 1, 2015.
new text end
new text begin
For the purposes of the state grant program under Minnesota Statutes, section
136A.121, for the fiscal year ending June 30, 2017, the tuition maximum is $5,736
for students in two-year programs and the tuition maximum is $14,186 for students in
four-year programs.
new text end
new text begin
The Board of Trustees of the
Minnesota State Colleges and Universities must develop a plan for offering an academic
program for students with intellectual and developmental disabilities, consistent with the
principles established in subdivisions 2 to 4.
new text end
new text begin
The plan developed must assume the program will be
offered at up to four college or university campuses chosen based on (1) their ability to
offer a robust program using existing facilities and resources and (2) a goal to provide the
program in diverse geographic regions of the state.
new text end
new text begin
The plan developed must assume an
enrollment goal for each campus's program of at least ten incoming students per academic
year. The plan may allow for students to be admitted based on an application process
that includes an in-person interview; an independent assessment of an applicant's
interest, motivation, and likelihood of success in the program; and any other eligibility
requirements established by the board. Upon successful completion, a student must be
awarded a certificate, diploma, or other appropriate academic credential.
new text end
new text begin
(a) The plan developed must assume a
program that provides an inclusive, two-year full-time residential college experience
for students with intellectual and developmental disabilities. The required curriculum
must include core courses that develop life skills, financial literacy, and the ability to
live independently; rigorous academic work in a student's chosen field of study; and an
internship, apprenticeship, or other skills-based experience to prepare for meaningful
employment upon completion of the program.
new text end
new text begin
(b) In addition to academic requirements, the plan developed must allow
participating students the opportunity to engage fully in campus life. Program activities
must include but are not limited to (1) the establishment of on-campus mentoring and
peer support communities and (2) opportunities for personal growth through leadership
development and other community engagement activities.
new text end
new text begin
(c) A participating campus may tailor its program curriculum and activities to
highlight academic programs, student and community life experiences, and employment
opportunities unique to that campus or the region of the state where the campus is located.
new text end
new text begin
The board must submit a report on the plan required
to be developed by this section to the chairs and ranking minority members of the
committees of the legislature with jurisdiction over higher education finance and policy and
human services finance and policy no later than January 15, 2017. The report must describe
program plans, including strategies for recruitment of applicants, and strategies to address
anticipated program needs that cannot be filled using existing campus or system resources.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The Board of Regents of the University of Minnesota shall report by February
1, 2017, to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over higher education finance on the factors it considers when
allocating funds to system campuses. The report must specifically, without limitation,
address the following questions:
new text end
new text begin
(1) what circumstances would lead the university to adopt an alternate budget model
to the Resource Responsibility Center (RRC) model for a system campus;
new text end
new text begin
(2) what were the rationale and factors considered for the initial base budget
allocation to system campuses when the RRC was first established; and
new text end
new text begin
(3) what factors would lead the university to consider adjusting the initial base
allocation model.
new text end
new text begin
(b) The Board of Trustees of the Minnesota State Colleges and Universities shall
report by February 1, 2017, to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over higher education finance on the factors it
considers when allocating state funds to colleges and universities. The report must
specifically, without limitations, address the following areas:
new text end
new text begin
(1) the design and methodology for the allocation of state funds to the colleges
and universities; and
new text end
new text begin
(2) the factors considered in the allocation process.
new text end
new text begin
(a) The commissioner of the Office of Higher Education
shall award grants to improve postsecondary attendance, completion, and retention and
the obtaining of well-paying jobs for which the postsecondary education provides training
by providing services to historically underrepresented college students. Grants must be
awarded to Minnesota state colleges and universities and private organization programs
that help the state reach the attainment goals under Minnesota Statutes, section 135A.012.
Programs must provide services targeted to make the improvements including, but not
limited to:
new text end
new text begin
(1) academic and nonacademic counseling or advising;
new text end
new text begin
(2) mentoring in education and career opportunities;
new text end
new text begin
(3) structured tutoring;
new text end
new text begin
(4) career awareness and exploration including internships and post graduation
job placements;
new text end
new text begin
(5) orientation to college life;
new text end
new text begin
(6) financial aid counseling;
new text end
new text begin
(7) academic instruction programs in core curricular areas of mathematics and
language arts;
new text end
new text begin
(8) supplemental instruction programs for college courses with high failure and
withdrawal rates; and
new text end
new text begin
(9) co-requisite college course models for delivery of academic support.
new text end
new text begin
(b) The office shall structure the grants for sustainability of programs funded by a
grant.
new text end
new text begin
(c) To the extent there are sufficient qualified applicants, approximately 50 percent
of grant dollars must be awarded to private organization programs.
new text end
new text begin
(d) A grant must not be made to a private organization that is a postsecondary
institution.
new text end
new text begin
(a) The commissioner shall develop a grant
application process. The commissioner shall attempt to support projects in a manner that
ensures that eligible students throughout the state have access to program services.
new text end
new text begin
(b) The grant application must include, at a minimum, the following information:
new text end
new text begin
(1) a description of the characteristics of the students to be served reflective of the
need for services listed in subdivision 1;
new text end
new text begin
(2) a description of the services to be provided and a timeline for implementation
of the service activities;
new text end
new text begin
(3) a description of how the services provided will foster postsecondary retention
and completion;
new text end
new text begin
(4) a description of how the services will be evaluated to determine whether the
program goals were met;
new text end
new text begin
(5) the history of the applicant in achieving successful improvements using the
services for which a grant is sought;
new text end
new text begin
(6) the assumed cost per student of achieving successful outcomes;
new text end
new text begin
(7) the effect of the grant on assisting students to obtain well-paying jobs;
new text end
new text begin
(8) the proposed grant match;
new text end
new text begin
(9) the organizational commitment to program sustainability; and
new text end
new text begin
(10) other information as identified by the commissioner.
new text end
new text begin
Grant recipients must specify both program and student outcome goals, and performance
measures for each goal.
new text end
new text begin
The commissioner may establish and convene an
advisory committee to assist the commissioner in reviewing applications and advise the
commissioner on grantees and grant amounts. The members of the committee may include
representatives of postsecondary institutions, organizations providing postsecondary
academic and career services, and others deemed appropriate by the commissioner.
new text end
new text begin
Each grant recipient must annually submit a report to
the Office of Higher Education identifying its program and student goals and activities
implemented. A report must include, but not be limited to, information on:
new text end
new text begin
(1) number of students served;
new text end
new text begin
(2) course taking and grade point average of participating students;
new text end
new text begin
(3) persistence and retention rates of participating students;
new text end
new text begin
(4) postsecondary graduation rates of participating students;
new text end
new text begin
(5) the number of students who required postsecondary academic remediation and
number of remedial courses for each of those students and in the aggregate; and
new text end
new text begin
(6) jobs and wage rates of students after postsecondary graduation.
new text end
new text begin
To the extent possible, the report must breakdown outcomes by Pell grant qualification,
race, and ethnicity.
new text end
new text begin
By January 15 of each year through 2021, the office
shall submit a report to the chairs and ranking minority members of the committees in the
house of representatives and the senate with jurisdiction over higher education finance
regarding the grant recipients and their activities. The report shall include information
about the students served, the organizations providing services, program activities,
program goals and outcomes, and program revenue sources and funding levels.
new text end
Section 1. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2015, First Special Session chapter 4, or 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 year indicated for
each purpose. The figures "2016" and "2017" used in this article mean that the addition
to the appropriations listed under them are available for the fiscal year ending June 30,
2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second
year" is fiscal year 2017. Appropriations for fiscal year 2016 are effective the day
following final enactment.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2016 new text end |
new text begin
2017 new text end |
Sec. 2. new text begin DEPARTMENT OF AGRICULTURE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
4,433,000 new text end |
new text begin
$250,000 the second year is for the tractor
rollover protection pilot program under
Minnesota Statutes, section 17.119. This is a
onetime appropriation.
new text end
new text begin
$250,000 the second year is to administer
the industrial hemp pilot program under
Minnesota Statutes, section 18K.09. This is
a onetime appropriation.
new text end
new text begin
$1,000,000 the second year is for grants
to the Board of Regents of the University
of Minnesota to fund the Forever Green
Agriculture Initiative and to protect the
state's natural resources while increasing
the efficiency, profitability, and productivity
of Minnesota farmers by incorporating
perennial and winter annual crops into
existing agricultural practices. This is a
onetime appropriation and is available until
June 30, 2019. The appropriation in Laws
2015, First Special Session chapter 2, article
2, section 3, paragraph (i), is available until
June 30, 2018.
new text end
new text begin
$600,000 the second year is for a grant
to the Board of Regents of the University
of Minnesota to develop, in consultation
with the commissioner of agriculture and
the Board of Animal Health, a software
tool or application through the Veterinary
Diagnostic Laboratory that empowers
veterinarians and producers to understand
the movement of unique pathogen strains in
livestock and poultry production systems,
monitor antibiotic resistance, and implement
effective biosecurity measures that promote
animal health and limit production losses.
The base for fiscal year 2020 is $0.
new text end
new text begin
In addition to the amounts appropriated in
Laws 2015, First Special Session chapter 4,
article 1, section 2, subdivision 4:
new text end
new text begin
(1) $450,000 the second year is appropriated
for transfer to the Board of Regents of the
University of Minnesota for the cultivated
wild rice breeding project at the North
Central Research and Outreach Center to
include a tenure track/research associate
plant breeder; and
new text end
new text begin
(2) $350,000 the second year is appropriated
for transfer to the Board of Regents of the
University of Minnesota for potato breeding.
new text end
new text begin
$283,000 the second year is for a grant to
the Board of Regents of the University of
Minnesota to maintain and increase animal
disease testing capacity through the purchase
of Veterinary Diagnostic Laboratory
equipment. This is a onetime appropriation.
new text end
new text begin
$250,000 the second year is appropriated
for transfer to the good food access account
created under Minnesota Statutes, section
17.1017, subdivision 3. This is a onetime
appropriation and is available until June 30,
2019.
new text end
new text begin
$1,000,000 the second year is appropriated
for transfer to the agricultural emergency
account in the agricultural fund. This is a
onetime transfer.
new text end
new text begin
An agricultural emergency account
is established in the agricultural fund. Money in the account, including interest, is
appropriated to the commissioner for emergency response and preparedness activities
for agricultural emergencies affecting producers of livestock, poultry, crops, or other
agricultural products. Eligible uses include, but are not limited to, purchasing necessary
equipment and reimbursing costs incurred by local units of government that are not
eligible for reimbursement from other sources.
new text end
new text begin
The commissioner may transfer money in the
account to the Board of Animal Health, other state agencies, or the University of
Minnesota for purposes of subdivision 1.
new text end
new text begin
No later than February 1 each year, the commissioner
must report activities and expenditures under this section to the legislative committees
and divisions with jurisdiction over agriculture finance.
new text end
new text begin
(a) For purposes of this section, unless the language
or context indicates that a different meaning is intended, the following terms have the
meanings given them.
new text end
new text begin
(b) "Account" means the good food access account established in subdivision 3.
new text end
new text begin
(c) "Commissioner" means the commissioner of agriculture.
new text end
new text begin
(d) "Economic or community development financial institution (ECDFI)" means
a lender, including but not limited to a community development financial institution
(CDFI), an economic development district (EDD), a political subdivision of the state, a
microenterprise firm, or a nonprofit community lending organization that has previous
experience lending to a food retailer, producer, or another healthy food enterprise in an
underserved community in a low-income or moderate-income area, as defined in this
section; has been in existence and operating prior to January 1, 2014; has demonstrated
the ability to raise matching capital and in-kind services to leverage appropriated money;
has the demonstrated ability to underwrite loans and grants; and has partnered previously
with nonprofit healthy food access, public health, or related governmental departments or
community organizations.
new text end
new text begin
(e) "Farmers' market" means an association of three or more persons who assemble
at a defined location that is open to the public for the purpose of selling directly to the
consumer the products of a farm or garden occupied and cultivated by the person selling
the product.
new text end
new text begin
(f) "Financing" means loans, including low-interest loans, zero-interest loans,
forgivable loans, and other types of financial assistance other than grants.
new text end
new text begin
(g) "Food hub" means a centrally located facility with a business management
structure that facilitates the aggregation, storage, processing, distribution, marketing, and
sale of locally or regionally produced food products, and which may include a small-scale
retail grocery operation.
new text end
new text begin
(h) "Good Food Access Program Advisory Committee" means the Good Food
Access Program Advisory Committee under section 17.1018.
new text end
new text begin
(i) "Grocery store" means a for-profit, not-for-profit, or cooperative self-service retail
establishment that sells primarily meat, fish, seafood, fruits, vegetables, dry groceries,
and dairy products and may also sell household products, sundries, and other products.
Grocery store includes a supermarket or a large-, mid-, or small-scale retail grocery
establishment and may include a mobile food market or a delivery service operation.
new text end
new text begin
(j) "Low-income area" means a census tract as reported in the most recently
completed decennial census published by the United States Bureau of the Census that has
a poverty rate of at least 20 percent or in which the median family income does not exceed
80 percent of the greater of the statewide or metropolitan median family income.
new text end
new text begin
(k) "Moderate-income area" means a census tract as reported in the most recently
completed decennial census published by the United States Bureau of the Census in which
the median family income is between 81 percent and 95 percent of the median family
income for that area.
new text end
new text begin
(l) "Mobile food market" means a self-contained for-profit, not-for-profit, or
cooperative retail grocery operation located in a movable new or renovated truck, bus, or
other vehicle that is used to store, prepare, display, and sell primarily meat, fish, seafood,
fruits, vegetables, dry groceries, and dairy products and may also be used to sell a nominal
supply of cooking utensils and equipment and other household products and sundries.
new text end
new text begin
(m) "Program" means the good food access program established in this section.
new text end
new text begin
(n) "Small food retailer" means a small-scale retail food outlet, other than a grocery
store as defined in this section. Small food retailer includes, but is not limited to, a corner
store, convenience store, farmers' market, mobile food market, and a retail food outlet
operated by an emergency food program or food hub.
new text end
new text begin
(o) "Technical assistance" means needs-based project assistance provided through
the program, including sustainability-focused individualized guidance, presentations,
workshops, trainings, printed materials, mentorship opportunities, peer-to-peer
opportunities, or other guidance and resources on relevant topics such as business
planning, sales projections, cash flow, succession planning, financing, fund-raising,
marketing, food preparation demonstrations, and workforce training.
new text end
new text begin
(p) "Underserved community" means a census tract that is federally designated
as a food desert by the United States Department of Agriculture, or a census tract in a
low-income or moderate-income area that includes a substantial subpopulation such as
the elderly or the disabled that has low supermarket access, regardless of distance, due
to lack of transportation.
new text end
new text begin
(a) A good food access program is established within
the Department of Agriculture to increase the availability of and access to affordable,
nutritious, and culturally appropriate food, including fresh fruits and vegetables, for
underserved communities in low-income and moderate-income areas by providing financial
support and sustainable public-private projects to open, renovate, or expand the operations
of grocery stores and small food retailers; expanding access to credit and reducing barriers
to investment in underserved communities in low- and moderate-income areas; and to
provide technical assistance, primarily for small food retailers with demonstrated need,
to increase availability and sustainable sales of affordable, nutritious, and culturally
appropriate food, including fresh fruits and vegetables, to underserved communities in
low-income and moderate-income areas. The commissioner, in cooperation with public
and private partners, shall establish and implement the program as provided in this section.
new text end
new text begin
(b) The good food access program shall be comprised of state or private grants, loans,
or other types of financial and technical assistance for the establishment, construction,
expansion of operations, or renovation of grocery stores and small food retailers to increase
the availability of and access to affordable fresh produce and other nutritious, culturally
appropriate food to underserved communities in low-income and moderate-income areas.
new text end
new text begin
A good food access account is established in
the agricultural fund. The account consists of money appropriated by the legislature to the
commissioner, as provided by law, and any other money donated, allotted, transferred,
or otherwise provided to the account. Money in the account, including interest, is
appropriated to the commissioner for the purposes of this section, and shall be used, to
the extent practicable, to leverage other forms of public and private financing or financial
assistance for the projects.
new text end
new text begin
(a) The commissioner shall be the administrator
of the account for auditing purposes and shall establish program requirements and a
competitive process for projects applying for financial and technical assistance.
new text end
new text begin
(b) The commissioner may receive money or other assets from any source, including
but not limited to philanthropic foundations and financial investors, for deposit into the
account.
new text end
new text begin
(c) Through issuance of requests for proposals, the commissioner may contract
with one or more qualified economic or community development financial institutions
to manage the financing component of the program and with one or more qualified
organizations or public agencies with financial or other program-related expertise to
manage the provision of technical assistance to project grantees.
new text end
new text begin
(d) Money in the account at the close of each fiscal year shall remain in the account
and shall not cancel. In each biennium, the commissioner shall determine the appropriate
proportion of money to be allocated to loans, grants, technical assistance, and any other
types of financial assistance.
new text end
new text begin
(e) To encourage public-private, cross-sector collaboration and investment in the
account and program and to ensure that the program intent is maintained throughout
implementation, the commissioner shall convene and maintain the Good Food Access
Program Advisory Committee.
new text end
new text begin
(f) The commissioner, in cooperation with the Good Food Access Program Advisory
Committee, shall manage the program, establish program criteria, facilitate leveraging of
additional public and private investment, and promote the program statewide.
new text end
new text begin
(g) The commissioner, in cooperation with the Good Food Access Program Advisory
Committee, shall establish annual monitoring and accountability mechanisms for all
projects receiving financing or other financial or technical assistance through this program.
new text end
new text begin
(a) The commissioner, in cooperation with the program
partners and advisors, shall establish project eligibility guidelines and application
processes to be used to review and select project applicants for financing or other financial
or technical assistance. All projects must be located in an underserved community or must
serve primarily underserved communities in low-income and moderate-income areas.
new text end
new text begin
(b) Projects eligible for financing include, but are not limited to, new construction,
renovations, expansions of operations, and infrastructure upgrades of grocery stores and
small food retailers to improve the availability of and access to affordable, nutritious food,
including fresh fruits and vegetables, and build capacity in areas of greatest need.
new text end
new text begin
(c) Projects eligible for other types of financial assistance such as grants or
technical assistance are primarily projects throughout the state, including, but not limited
to, feasibility studies, new construction, renovations, expansion of operations, and
infrastructure upgrades of small food retailers.
new text end
new text begin
(a) An applicant for receipt of financing through an economic or community
development financial institution, or an applicant for a grant or other financial or technical
assistance, may be a for-profit or not-for-profit entity, including, but not limited to, a sole
proprietorship, limited liability company, corporation, cooperative, nonprofit organization,
or nonprofit community development organization. Each applicant must:
new text end
new text begin
(1) demonstrate community engagement in and support for the project;
new text end
new text begin
(2) demonstrate the capacity to successfully implement the project;
new text end
new text begin
(3) demonstrate a viable plan for long-term sustainability, including the ability to
increase the availability of and access to affordable, nutritious, and culturally appropriate
food, including fresh fruits and vegetables, for underserved communities in low-income
and moderate-income areas; and
new text end
new text begin
(4) demonstrate the ability to repay the debt, to the extent that the financing requires
repayment.
new text end
new text begin
(b) Each applicant must also agree to comply with the following conditions for a
period of at least five years, except as otherwise specified in this section:
new text end
new text begin
(1) accept Supplemental Nutrition Assistance Program (SNAP) benefits;
new text end
new text begin
(2) apply to accept Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC) benefits and, if approved, accept WIC benefits;
new text end
new text begin
(3) allocate at least 30 percent of retail space for the sale of affordable, nutritious,
and culturally appropriate foods, including fruits and vegetables, low-fat and nonfat
dairy, fortified dairy substitute beverages such as soy-based or nut-based dairy substitute
beverages, whole grain-rich staple foods, meats, poultry, fish, seafood, and other proteins,
consistent with nutrition standards in national guidelines described in the current United
States Department of Agriculture Dietary Guidelines for Americans;
new text end
new text begin
(4) comply with all data collection and reporting requirements established by the
commissioner; and
new text end
new text begin
(5) promote the hiring, training, and retention of local or regional residents from
low-income and moderate-income areas that reflect area demographics, including
communities of color.
new text end
new text begin
(c) A selected project that is a small food retailer is not subject to the allocation
agreement under paragraph (b), clause (3), and may use financing, grants, or other financial
or technical assistance for refrigeration, displays, or onetime capital expenditures for the
promotion and sale of perishable foods, including a combination of affordable, nutritious,
and culturally appropriate fresh or frozen dairy, dairy substitute products, produce, meats,
poultry, and fish, consistent with nutrition standards in national guidelines described in the
current United States Department of Agriculture Dietary Guidelines for Americans.
new text end
new text begin
In determining which qualified projects to
finance, and in determining which qualified projects to provide with grants or other types
of financial or technical assistance, the commissioner, in cooperation with any entities
with which the commissioner contracts for those purposes and the Good Food Access
Program Advisory Committee, shall also consider:
new text end
new text begin
(1) the level of need in the area to be served;
new text end
new text begin
(2) the degree to which the project requires an investment of public support, or
technical assistance where applicable, to move forward, build capacity, create community
impact, or be competitive;
new text end
new text begin
(3) the likelihood that the project will have positive economic and health impacts on
the underserved community, including creation and retention of jobs for local or regional
residents from low-income and moderate-income areas that reflect area demographics,
including communities of color;
new text end
new text begin
(4) the degree to which the project will participate in state and local health department
initiatives to educate consumers on nutrition, promote healthy eating and healthy weight,
and support locally grown food products through programs such as Minnesota Grown; and
new text end
new text begin
(5) any other criteria that the commissioner, in cooperation with public and private
partners, determines to be consistent with the purposes of this chapter.
new text end
new text begin
Financing for project loans, including low-interest,
zero-interest, and forgivable loans, grants, and other financial or technical assistance, may
be used to support one or more of the following purposes:
new text end
new text begin
(1) site acquisition and preparation;
new text end
new text begin
(2) predevelopment costs, including but not limited to feasibility studies, market
studies, and appraisals;
new text end
new text begin
(3) construction and build-out costs;
new text end
new text begin
(4) equipment and furnishings;
new text end
new text begin
(5) workforce or retailer training; and
new text end
new text begin
(6) working capital.
new text end
new text begin
The commissioner, in cooperation with any economic
or community development financial institution and any other entity with which it
contracts, shall submit an annual report on the good food access program by January 15 of
each year to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over agriculture policy and finance. The
annual report shall include, but not be limited to, a summary of the following metrics:
new text end
new text begin
(1) the number and types of projects financed;
new text end
new text begin
(2) the amount of dollars leveraged or matched per project;
new text end
new text begin
(3) the geographic distribution of financed projects;
new text end
new text begin
(4) the number and types of technical assistance recipients;
new text end
new text begin
(5) any market or commodity expansion associated with increased access;
new text end
new text begin
(6) the demographics of the areas served;
new text end
new text begin
(7) the costs of the program;
new text end
new text begin
(8) the number of SNAP and WIC dollars spent;
new text end
new text begin
(9) any increase in retail square footage;
new text end
new text begin
(10) the number of loans or grants to minority-owned or female-owned businesses;
and
new text end
new text begin
(11) measurable economic and health outcomes, including, but not limited to,
increases in sales and consumption of locally sourced and other fresh fruits and vegetables,
the number of construction and retail jobs retained or created, and any health initiatives
associated with the program.
new text end
new text begin
As used in this section, the following terms have the
meanings given them:
new text end
new text begin
(1) "program" means the good food access program under section 17.1017; and
new text end
new text begin
(2) "commissioner" means the commissioner of agriculture.
new text end
new text begin
The Good Food Access Program Advisory Committee consists
of the following members, appointed by the commissioner of agriculture, unless otherwise
specified:
new text end
new text begin
(1) the commissioners of health, employment and economic development, and
human services, or their respective designees;
new text end
new text begin
(2) one person representing the grocery industry;
new text end
new text begin
(3) two people representing economic or community development, one rural
member and one urban or suburban member;
new text end
new text begin
(4) two people representing political subdivisions of the state;
new text end
new text begin
(5) one person designated by the Council for Minnesotans of African Heritage;
new text end
new text begin
(6) one person designated by the Minnesota Indian Affairs Council;
new text end
new text begin
(7) one person designated by the Council on Asian Pacific Minnesotans;
new text end
new text begin
(8) one person designated by the Chicano Latino Affairs Council;
new text end
new text begin
(9) one person designated by the Minnesota Farmers Union;
new text end
new text begin
(10) one person representing public health experts;
new text end
new text begin
(11) one person representing philanthropic foundations;
new text end
new text begin
(12) one person representing economic or community development financial
institutions;
new text end
new text begin
(13) one person representing the University of Minnesota Regional Sustainable
Development Partnerships;
new text end
new text begin
(14) two people representing organizations engaged in addressing food security,
one representative from a statewide hunger relief organization and one from a
community-based organization;
new text end
new text begin
(15) one person representing immigrant farmer-led organizations;
new text end
new text begin
(16) one person representing small business technical assistance with experience
in food retail; and
new text end
new text begin
(17) up to four additional members with economic development, health equity,
financial, or other relevant expertise.
new text end
new text begin
At least half of the members must reside in or their organizations must serve rural
Minnesota. The commissioner may remove members and fill vacancies as provided in
section 15.059, subdivision 4.
new text end
new text begin
The advisory committee must advise the commissioner of
agriculture on managing the program, establishing program criteria, establishing project
eligibility guidelines, establishing application processes and additional selection criteria,
establishing annual monitoring and accountability mechanisms, facilitating leveraging of
additional public and private investments, and promoting the program statewide.
new text end
new text begin
The commissioner must convene the advisory committee at
least two times per year to achieve the committee's duties.
new text end
new text begin
The commissioner of agriculture must provide
staffing, meeting space, and administrative services for the advisory committee.
new text end
new text begin
The commissioner of agriculture or the commissioner's designee
shall serve as chair of the committee.
new text end
new text begin
The public members of the advisory committee serve
without compensation or payment of expenses.
new text end
new text begin
The advisory committee does not expire.
new text end
Minnesota Statutes 2014, section 17.117, subdivision 4, is amended to read:
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Agricultural and environmental revolving accounts" means accounts in the
agricultural fund, controlled by the commissioner, which hold funds available to the
program.
(c) "Agriculture supply business" means a person, partnership, joint venture,
corporation, limited liability company, association, firm, public service company,
or cooperative that provides materials, equipment, or services to farmers or
agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.
(e) "Applicant" means a local unit of government eligible to participate in this
program that requests an allocation of funds as provided in subdivision 6b.
(f) "Best management practices" has the meaning given in sections 103F.711,
subdivision 3, and 103H.151, subdivision 2deleted text begin , ordeleted text end new text begin . Best management practices also meansnew text end
other practices, techniques, and measures that have been demonstrated to the satisfaction
of the commissionernew text begin : (1)new text end to prevent or reduce adverse environmental impacts by using
the most effective and practicable means of achieving environmental goalsnew text begin ; or (2) to
achieve drinking water quality standards under chapter 103H or under Code of Federal
Regulations, title 40, parts 141 and 143, as amendednew text end .
(g) "Borrower" means a farmer, an agriculture supply business, or a rural landowner
applying for a low-interest loan.
(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the
designee of the commissioner.
(i) "Committed project" means an eligible project scheduled to be implemented at
a future date:
(1) that has been approved and certified by the local government unit; and
(2) for which a local lender has obligated itself to offer a loan.
(j) "Comprehensive water management plan" means a state approved and locally
adopted plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331,
103D.401, or 103D.405.
(k) "Cost incurred" means expenses for implementation of a project accrued because
the borrower has agreed to purchase equipment or is obligated to pay for services or
materials already provided as a result of implementing an approved eligible project.
(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly
participates in physical labor or operations management of farming and files a Schedule F
as part of filing United States Internal Revenue Service Form 1040 or indicates farming as
the primary business activity under Schedule C, K, or S, or any other applicable report to
the United States Internal Revenue Service.
(m) "Lender agreement" means an agreement entered into between the commissioner
and a local lender which contains terms and conditions of participation in the program.
(n) "Local government unit" means a county, soil and water conservation district,
or an organization formed for the joint exercise of powers under section 471.59 with
the authority to participate in the program.
(o) "Local lender" means a local government unit as defined in paragraph (n), a state
or federally chartered bank, a savings association, a state or federal credit union, Agribank
and its affiliated organizations, or a nonprofit economic development organization or other
financial lending institution approved by the commissioner.
(p) "Local revolving loan account" means the account held by a local government unit
and a local lender into which principal repayments from borrowers are deposited and new
loans are issued in accordance with the requirements of the program and lender agreements.
(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.
(r) "Program" means the agriculture best management practices loan program
in this section.
(s) "Project" means one or more components or activities located within Minnesota
that are required by the local government unit to be implemented for satisfactory
completion of an eligible best management practice.
(t) "Rural landowner" means the owner of record of Minnesota real estate located
in an area determined by the local government unit to be rural after consideration of
local land use patterns, zoning regulations, jurisdictional boundaries, local community
definitions, historical uses, and other pertinent local factors.
(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph
(d), except as expressly limited in this section.
Minnesota Statutes 2014, section 17.117, subdivision 11a, is amended to read:
new text begin (a) new text end All projects that remediate or mitigate adverse
environmental impacts are eligible ifdeleted text begin :
deleted text end
deleted text begin (1)deleted text end the project is eligible under deleted text begin thedeleted text end new text begin annew text end allocation agreement deleted text begin and funding sources
designated by the local government unit to finance the project; anddeleted text end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (b) Anew text end manure management deleted text begin projects remediatedeleted text end new text begin project is eligible if the project
remediatesnew text end or deleted text begin mitigatedeleted text end new text begin mitigatesnew text end impacts from facilities with less than 1,000 animal units
as defined in Minnesota Rules, chapter 7020new text begin , and otherwise meets the requirements of
this sectionnew text end .
new text begin
(c) A drinking water project is eligible if the project:
new text end
new text begin
(1) remediates the adverse environmental impacts or presence of contaminants in
private well water;
new text end
new text begin
(2) implements best management practices to achieve drinking water standards; and
new text end
new text begin
(3) otherwise meets the requirements of this section.
new text end