Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2948

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2014 09:39am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28
1.29 1.30
1.31 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22 4.23
4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9 5.10 5.11
5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30
8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14
9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21
10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12
11.13 11.14 11.15 11.16 11.17
11.18 11.19
11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12
12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34
13.1 13.2 13.3 13.4 13.5 13.6 13.7
13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22
13.23 13.24 13.25 13.26 13.27 13.28 13.29
13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4
14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33
14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14
15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26
15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2
16.3 16.4 16.5 16.6 16.7 16.8 16.9
16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19
16.20 16.21 16.22 16.23 16.24 16.25 16.26
16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24
17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13
18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4
19.5 19.6 19.7 19.8 19.9 19.10 19.11
19.12 19.13 19.14 19.15 19.16 19.17 19.18
19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30 19.31
20.1 20.2 20.3
20.4 20.5
20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22
23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16
24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23
25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31
25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6
26.7 26.8 26.9

A bill for an act
relating to state government; repealing obsolete, redundant, and unnecessary laws
administered by the Department of Employment and Economic Development,
Metropolitan Council, and MN.IT; making conforming changes; amending
Minnesota Statutes 2012, sections 15.991, subdivision 1; 16E.01, as amended;
16E.03, subdivision 2; 16E.035; 16E.05, subdivision 1; 116C.34, subdivision 3;
116D.04, subdivision 2a; 116L.02; 116L.05, subdivision 5; 116L.20, subdivision
2; 256J.49, subdivision 4; 256J.51, subdivision 2; 268.105, subdivision 7;
268.186; 473.123, subdivision 4; 473.125; 473.129, subdivisions 6, 12;
473.173, subdivision 2; 473.181, subdivision 2; 473.254, subdivisions 3a, 4,
5; 473.315, subdivision 1; 473.375, subdivision 11; 473.39, subdivision 1e;
473.391, subdivision 1; 473.405, subdivision 5; 473.42; 473.504, subdivisions
5, 11; 473.858, subdivision 1; 473.859, subdivision 6; 473.861, subdivision 2;
473.862, subdivision 2; Minnesota Statutes 2013 Supplement, sections 16E.04,
subdivision 2; 16E.18, subdivision 8; repealing Minnesota Statutes 2012, sections
16E.02, subdivisions 2, 3; 16E.03, subdivision 8; 16E.0475; 116C.22; 116C.23;
116C.24; 116C.25; 116C.26; 116C.261; 116C.27; 116C.28; 116C.29; 116C.30;
116C.31; 116C.32; 116C.33; 116J.037; 116J.422; 116J.68, subdivision 5;
116J.74, subdivision 7a; 116J.874, subdivisions 1, 2, 3, 4, 5; 116J.885; 116J.987;
116J.988; 116J.989; 116J.990, subdivisions 1, 2, 3, 4, 5, 6; 116L.06; 116L.10;
116L.11; 116L.12, subdivisions 1, 3, 4, 5, 6; 116L.13; 116L.14; 116L.15;
116L.361, subdivision 2; 116L.363; 116L.871; 116L.872; 473.123, subdivision 7;
473.13, subdivision 1c; 473.23; 473.241; 473.243; 473.244; 473.254, subdivision
3; 473.315, subdivision 2; 473.326; 473.333; 473.375, subdivision 9; 473.382;
473.388, subdivision 8; 473.392; 473.516, subdivision 5; 473.523, subdivision 2;
473.535; 473.852, subdivision 11; Minnesota Statutes 2013 Supplement, sections
116J.6581; 116J.70, subdivision 2a; 473.517, subdivision 9.

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

ARTICLE 1

OBSOLETE AND REDUNDANT STATUTES

Section 1.

Minnesota Statutes 2012, section 268.105, subdivision 7, is amended to read:


Subd. 7.

Judicial review.

(a) The Minnesota Court of Appeals must, by writ of
certiorari to the department, review the unemployment law judge's decision, provided a
petition for the writ is filed with the court and a copy is served upon the unemployment
law judge or the commissioner and any other involved party within 30 calendar days of
the sending of the unemployment law judge's order under subdivision 2.

(b) Any employer petitioning for a writ of certiorari must pay to the court the
required filing fee deleted text beginand upon the service of the writ must furnish a cost bond to the
department
deleted text end in accordance with the Rules of Civil Appellate Procedure. If the employer
requests a written transcript of the testimony received at the evidentiary hearing conducted
under subdivision 1, the employer must pay to the department the cost of preparing the
transcript. That money is credited to the administration account.

(c) Upon issuance by the Minnesota Court of Appeals of a writ of certiorari as a result
of an applicant's petition, the department must furnish to the applicant at no cost a written
transcript of any testimony received at the evidentiary hearing conducted under subdivision
1, and, if requested, a copy of all exhibits entered into evidence. No filing fee or cost bond is
required of an applicant petitioning the Minnesota Court of Appeals for a writ of certiorari.

(d) The Minnesota Court of Appeals may affirm the decision of the unemployment
law judge or remand the case for further proceedings; or it may reverse or modify the
decision if the substantial rights of the petitioner may have been prejudiced because the
findings, inferences, conclusion, or decision are:

(1) in violation of constitutional provisions;

(2) in excess of the statutory authority or jurisdiction of the department;

(3) made upon unlawful procedure;

(4) affected by other error of law;

(5) unsupported by substantial evidence in view of the entire record as submitted; or

(6) arbitrary or capricious.

(e) The department is considered the primary responding party to any judicial action
involving an unemployment law judge's decision. The department may be represented by
an attorney licensed to practice law in Minnesota who is an employee of the department.

Sec. 2.

Minnesota Statutes 2012, section 268.186, is amended to read:


268.186 RECORDS; AUDITS.

(a) Each employer must keep true and accurate records deleted text beginfor the periods of time
and
deleted text endnew text begin on individuals performing services for the employer,new text end containing the information the
commissioner may require deleted text beginby ruledeleted text endnew text begin under Minnesota Rules, part 3315.1010new text end. new text beginThe records
must be kept for a period of not less than four years in addition to the current calendar year.
new text end

For the purpose of administering this chapter, the commissioner has the power to
audit, examine, or cause to be supplied or copied, any books, correspondence, papers,
records, or memoranda that are relevant, whether the books, correspondence, papers,
records, or memoranda are the property of or in the possession of the employer or any
other person at any reasonable time and as often as may be necessary.

(b) Any employer that refuses to allow an audit of its records by the department, or
that fails to make all necessary records available for audit in Minnesota upon request of
the commissioner, may be assessed an administrative penalty of $500.

An employer that fails to provide a weekly breakdown of money earned by an
applicant upon request of the commissioner, information necessary for the detection of
applicant fraud under section 268.18, subdivision 2, may be assessed an administrative
penalty of $100. Any notice requesting a weekly breakdown must clearly state that a $100
penalty may be assessed for failure to provide the information. The penalty collected is
credited to the trust fund.

(c) The commissioner may make summaries, compilations, photographs,
duplications, or reproductions of any records, or reports that the commissioner considers
advisable for the preservation of the information contained therein. Any summaries,
compilations, photographs, duplications, or reproductions is admissible in any proceeding
under this chapter. The commissioner may duplicate records, reports, summaries,
compilations, instructions, determinations, or any other written or recorded matter
pertaining to the administration of this chapter.

(d) Regardless of any law to the contrary, the commissioner may provide for the
destruction of any records, reports, or reproductions, or other papers that are no longer
necessary for the administration of this chapter, including any required audit. In addition,
the commissioner may provide for the destruction or disposition of any record, report,
or other paper from which the information has been electronically captured and stored,
or that has been photographed, duplicated, or reproduced.

Sec. 3. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Environmental Coordination Procedures Act. new text end

new text begin Minnesota Statutes
2012, sections 116C.22; 116C.23; 116C.24; 116C.25; 116C.26; 116C.261; 116C.27;
116C.28; 116C.29; 116C.30; 116C.31; 116C.32; and 116C.33,
new text end new text begin are repealed.
new text end

new text begin Subd. 2. new text end

new text begin E-Commerce ready designations. new text end

new text begin Minnesota Statutes 2012, section
116J.037,
new text end new text begin is repealed.
new text end

new text begin Subd. 3. new text end

new text begin Rural policy and development center fund. new text end

new text begin Minnesota Statutes 2012,
section 116J.422,
new text end new text begin is repealed.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Entrepreneur Resource Virtual Network (MERVN).
new text end

new text begin Minnesota Statutes 2013 Supplement, section 116J.6581, new text end new text begin is repealed.
new text end

new text begin Subd. 5. new text end

new text begin Small Business Development Center Advisory Board meetings.
new text end

new text begin Minnesota Statutes 2012, section 116J.68, subdivision 5, new text end new text begin is repealed.
new text end

new text begin Subd. 6. new text end

new text begin Business license assistance exceptions. new text end

new text begin Minnesota Statutes 2013
Supplement, section 116J.70, subdivision 2a,
new text end new text begin is repealed.
new text end

new text begin Subd. 7. new text end

new text begin Affirmative enterprise program. new text end

new text begin Minnesota Statutes 2012, section
116J.874, subdivisions 1, 2, 3, 4, and 5,
new text end new text begin are repealed.
new text end

new text begin Subd. 8. new text end

new text begin Biomedical Innovation and Commercialization Initiative. new text end

new text begin Minnesota
Statutes 2012, section 116J.885,
new text end new text begin is repealed.
new text end

new text begin Subd. 9. new text end

new text begin Board of Invention. new text end

new text begin Minnesota Statutes 2012, sections 116J.987;
116J.988; 116J.989; and 116J.990, subdivisions 1, 2, 3, 4, 5, and 6,
new text end new text begin are repealed.
new text end

new text begin Subd. 10. new text end

new text begin HIRE education loan program. new text end

new text begin Minnesota Statutes 2012, section
116L.06,
new text end new text begin is repealed.
new text end

new text begin Subd. 11. new text end

new text begin Healthcare and human services worker program. new text end

new text begin Minnesota Statutes
2012, sections 116L.10; 116L.11; 116L.12, subdivisions 1, 3, 4, 5, and 6; 116L.13;
116L.14; and 116L.15,
new text end new text begin are repealed.
new text end

new text begin Subd. 12. new text end

new text begin Youthbuild advisory committee. new text end

new text begin Minnesota Statutes 2012, section
116L.363,
new text end new text begin is repealed.
new text end

new text begin Subd. 13. new text end

new text begin Local service unit delivery. new text end

new text begin Minnesota Statutes 2012, sections 116L.871;
and 116L.872,
new text end new text begin are repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2012, section 15.991, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section and section 15.992:

(1) "business license" or "license" has the meaning given it in section 116J.70,
subdivision 2
deleted text begin, and also includes licenses and other forms of approval listed in section
116J.70, subdivision 2a, clauses (7) and (8), but does not include those listed in
subdivision 2a, clauses (1) to (6)
deleted text end;

(2) "customer" means an individual; a small business as defined in section 645.445,
but also including a nonprofit corporation that otherwise meets the criteria in that
section; a family farm, family farm corporation, or family farm partnership as defined in
section 500.24, subdivision 2; or a political subdivision as defined in section 103G.005,
subdivision 14a
;

(3) "initial agency" means the state agency to which a customer submits an
application for a license or inquires about submitting an application; and

(4) "responsible agency" means the initial agency or another state agency that agrees
to be designated the responsible agency.

Sec. 2.

Minnesota Statutes 2012, section 116C.34, subdivision 3, is amended to read:


Subd. 3.

County responsibility.

The auditor of each county shall post in a
conspicuous place in the auditor's office the telephone numbers of the Bureau of Business
Licenses and the permit information center in the office of the applicable regional
development commissiondeleted text begin; copies of any master applications or permit applications
forwarded to the auditor pursuant to section 116C.27, subdivision 1;
deleted text end and copies of any
information published by the bureau or an information center pursuant to subdivision 1.

Sec. 3.

Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:


Subd. 2a.

When prepared.

Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment, and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
of the expanded or converted facility to produce alcohol fuel, but must be required if
the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
of actions for which environmental assessment worksheets must be prepared. The
responsible governmental unit for an ethanol plant or biobutanol facility project for which
an environmental assessment worksheet is prepared shall be the state agency with the
greatest responsibility for supervising or approving the project as a whole.

A mandatory environmental impact statement shall not be required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
or plant is: an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b); a biobutanol facility, as defined in section 41A.105, subdivision 1a, clause (1); or a
cellulosic biofuel facility, as defined in section 41A.10, subdivision 1, paragraph (d).

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet by publishing the notice in at least
one newspaper of general circulation in the geographic area where the project is proposed,
by posting the notice on a Web site that has been designated as the official publication site
for publication of proceedings, public notices, and summaries of a political subdivision in
which the project is proposed, or in any other manner determined by the board and shall
provide copies of the environmental assessment worksheet to the board and its member
agencies. Comments on the need for an environmental impact statement may be submitted
to the responsible governmental unit during a 30-day period following publication of the
notice that an environmental assessment worksheet has been completed. The responsible
governmental unit's decision on the need for an environmental impact statement shall be
based on the environmental assessment worksheet and the comments received during the
comment period, and shall be made within 15 days after the close of the comment period.
The board's chair may extend the 15-day period by not more than 15 additional days upon
the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.

(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.

(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.

(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits
or other actions required for a proposed project shall be developed in conjunction
with the preparation of an environmental impact statement. When an environmental
impact statement is prepared for a project requiring multiple permits for which two or
more agencies' decision processes include either mandatory or discretionary hearings
before a hearing officer prior to the agencies' decision on the permit, the agencies
may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
consolidated hearing process if requested by the proposer. All agencies having jurisdiction
over a permit that is included in the consolidated hearing shall participate. The responsible
governmental unit shall establish appropriate procedures for the consolidated hearing
process, including procedures to ensure that the consolidated hearing process is consistent
with the applicable requirements for each permit regarding the rights and duties of parties to
the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
deleted text begin The procedures of section 116C.28, subdivision 2, apply to the consolidated hearing.
deleted text end

(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.

(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 4.

Minnesota Statutes 2012, section 116L.02, is amended to read:


116L.02 JOB SKILLS PARTNERSHIP PROGRAM.

(a) The Minnesota Job Skills Partnership program is created to act as a catalyst to
bring together employers with specific training needs with educational or other nonprofit
institutions which can design programs to fill those needs. The partnership shall work
closely with employers to prepare, train and place prospective or incumbent workers in
identifiable positions as well as assisting educational or other nonprofit institutions in
developing training programs that coincide with current and future employer requirements.
The partnership shall provide grants to educational or other nonprofit institutions for
the purpose of training workers. A participating business must match the grant-in-aid
made by the Minnesota Job Skills Partnership. The match may be in the form of funding,
equipment, or faculty.

deleted text begin (b) The partnership program shall administer the health care and human services
worker training and retention program under sections 116L.10 to 116L.15.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The partnership program is authorized to use funds to pay for training for
individuals who have incomes at or below 200 percent of the federal poverty line.
The board may grant funds to eligible recipients to pay for board-certified training.
Eligible recipients of grants may include public, private, or nonprofit entities that provide
employment services to low-income individuals.

Sec. 5.

Minnesota Statutes 2012, section 116L.05, subdivision 5, is amended to read:


Subd. 5.

Use of workforce development funds.

After March 1 of any fiscal year,
the board may use workforce development funds for the purposes outlined in sections
116L.02deleted text begin,deleted text endnew text begin andnew text end 116L.04deleted text begin, and 116L.10 to 116L.14,deleted text end or to provide incumbent worker training
services under section 116L.18 if the following conditions have been met:

(1) the board examines relevant economic indicators, including the projected
number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
declining and expanding industries, the number of initial applications for and the number
of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
information brought to the board's attention;

(2) the board accounts for all allocations made in section 116L.17, subdivision 2;

(3) based on the past expenditures and projected revenue, the board estimates future
funding needs for services under section 116L.17 for the remainder of the current fiscal
year and the next fiscal year;

(4) the board determines there will be unspent funds after meeting the needs of
dislocated workers in the current fiscal year and there will be sufficient revenue to meet
the needs of dislocated workers in the next fiscal year; and

(5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
committees with jurisdiction over the workforce development fund, to the commissioners
of revenue and management and budget, and to the public.

Sec. 6.

Minnesota Statutes 2012, section 116L.20, subdivision 2, is amended to read:


Subd. 2.

Disbursement of special assessment funds.

(a) The money collected
under this section shall be deposited in the state treasury and credited to the workforce
development fund to provide for employment and training programs. The workforce
development fund is created as a special account in the state treasury.

(b) All money in the fund not otherwise appropriated or transferred is appropriated
to the Job Skills Partnership Board for the purposes of section 116L.17 and as provided for
in paragraph (d). The board must act as the fiscal agent for the money and must disburse
that money for the purposes of section 116L.17, not allowing the money to be used for
any other obligation of the state. All money in the workforce development fund shall be
deposited, administered, and disbursed in the same manner and under the same conditions
and requirements as are provided by law for the other special accounts in the state treasury,
except that all interest or net income resulting from the investment or deposit of money in
the fund shall accrue to the fund for the purposes of the fund.

(c) Reimbursement for costs related to collection of the special assessment shall be
in an amount negotiated between the commissioner and the United States Department
of Labor.

(d) If the board determines that the conditions of section 116L.05, subdivision 5,
have been met, the board may use funds for the purposes outlined in deleted text beginsectionsdeleted text endnew text begin section
new text end 116L.04 deleted text beginand 116L.10 to 116L.14,deleted text end or to provide incumbent worker training services under
section 116L.18.

Sec. 7.

Minnesota Statutes 2012, section 256J.49, subdivision 4, is amended to read:


Subd. 4.

Employment and training service provider.

"Employment and training
service provider" means:

(1) a public, private, or nonprofit agency with which a county has contracted to
provide employment and training services and which is included in the county's service
agreement submitted under section 256J.626, subdivision 4;

(2) a county agency, if the county has opted to provide employment and training
services and the county has indicated that fact in the service agreement submitted under
section 256J.626, subdivision 4; or

(3) a local public health department under section 145A.17, subdivision 4a, that a
county has designated to provide employment and training services and is included in the
county's service agreement submitted under section 256J.626, subdivision 4.

deleted text begin Notwithstanding section 116L.871,deleted text end An employment and training services provider
meeting this definition may deliver employment and training services under this chapter.

Sec. 8.

Minnesota Statutes 2012, section 256J.51, subdivision 2, is amended to read:


Subd. 2.

Appeal; alternate approval.

deleted text begin(a)deleted text end An employment and training service
provider that is not included by a county agency in the service agreement under section
256J.626, subdivision 4, and that meets the criteria in paragraph (b), may appeal
its exclusion to the commissioner of employment and economic development, and
may request alternative approval by the commissioner of employment and economic
development to provide services in the county.

deleted text begin (b) An employment and training services provider that is requesting alternative
approval must demonstrate to the commissioner that the provider meets the standards
specified in section 116L.871, subdivision 1, paragraph (b), except that the provider's
past experience may be in services and programs similar to those specified in section
116L.871, subdivision 1, paragraph (b).
deleted text end

Sec. 9. new text beginREPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Reference to Minnesota Statutes, section 116J.70, subdivision 2a.
new text end

new text begin Minnesota Statutes 2012, section 116J.74, subdivision 7a, new text end new text begin is repealed.
new text end

new text begin Subd. 2. new text end

new text begin Reference to Minnesota Statutes, section 116L.363. new text end

new text begin Minnesota Statutes
2012, section 116L.361, subdivision 2,
new text end new text begin is repealed.
new text end

ARTICLE 3

METROPOLITAN COUNCIL

Section 1.

Minnesota Statutes 2012, section 473.123, subdivision 4, is amended to read:


Subd. 4.

Chair; appointment, officers, selection; duties and compensation.

(a)
The chair of the Metropolitan Council shall be appointed by the governor as the 17th
voting member thereof by and with the advice and consent of the senate to serve at the
pleasure of the governor to represent the metropolitan area at large. Senate confirmation
shall be as provided by section 15.066.

The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.

(b) The Metropolitan Council shall elect other officers as it deems necessary for the
conduct of its affairs for a one-year term. A secretary and treasurer need not be members
of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan
Council and special meetings may be called by a majority of the members of the
Metropolitan Council or by the chair. The chair and each Metropolitan Council member
shall be reimbursed for actual and necessary expenses. deleted text beginThe annual budget of the council
shall provide as a separate account anticipated expenditures for compensation, travel, and
associated expenses for the chair and members, and compensation or reimbursement shall
be made to the chair and members only when budgeted.
deleted text end

(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.

(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.

Sec. 2.

Minnesota Statutes 2012, section 473.125, is amended to read:


473.125 REGIONAL ADMINISTRATOR.

The Metropolitan Council shall appoint a regional administrator to serve at
the council's pleasure as the principal administrative officer for the Metropolitan
Council. The regional administrator shall organize the work of the council staff. The
regional administrator shall appoint on the basis of merit and fitness, and discipline and
discharge all employees in accordance with the council's personnel policy, except deleted text begin(1) the
performance and budget analysts provided for in section 473.123, subdivision 7, (2)
deleted text end the
general counsel, as provided in section 473.123, subdivision 8deleted text begin, (3) employees of the
offices of wastewater services and transit operations, who are appointed, disciplined, and
discharged in accordance with council personnel policies by their respective operations
managers, and (4) metropolitan transit police officers
deleted text end. The regional administrator must
ensure that all policy decisions of the council are carried out. The regional administrator
shall attend meetings of the council and may take part in discussions but may not vote.
The regional administrator shall recommend to the council for adoption measures deemed
necessary for efficient administration of the council, keep the council fully apprised of
the financial condition of the council, and prepare and submit an annual budget to the
council for approval. The regional administrator shall prepare and submit for approval by
the council an administrative code organizing and codifying the policies of the council,
and perform other duties as prescribed by the council. The regional administrator may be
chosen from among the citizens of the nation at large, and shall be selected on the basis of
training and experience in public administration.

Sec. 3.

Minnesota Statutes 2012, section 473.129, subdivision 6, is amended to read:


Subd. 6.

On metro agencies.

deleted text begin(a)deleted text end The Metropolitan Council shall appoint from its
membership a member to serve with each metropolitan agency. Each member of the
Metropolitan Council so appointed on each of such agencies shall serve without a vote.

deleted text begin (b) The Metropolitan Council shall also appoint individuals to the governing body
of the cable communications metropolitan interconnected regional channel entity under
section 238.43, subdivision 5.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 473.129, subdivision 12, is amended to read:


Subd. 12.

Best value procurement alternative.

(a) Notwithstanding the provisions
of section 471.345, the council may award a contract for the purchase of transit vehicles
to the vendor or contractor offering the best value under a request for proposals. For the
purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail
locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to
provide transit and special transportation service pursuant to sections 473.371 to 473.449.

(b) For the purposes of this subdivision, "best value" describes a result intended in
the acquisition of goods and services described in paragraph (a). Price must be one of
the evaluation criteria deleted text beginwhen acquiring such goods and servicesdeleted text end. Other evaluation criteria
may include, but are not limited to, environmental considerations, quality, and vendor or
contractor performance. deleted text beginA best value determination must be based ondeleted text end The evaluation
criteria deleted text begindetaileddeleted text endnew text begin must be includednew text end in the solicitation documentdeleted text begin. If criteria other than
price are used, the solicitation document must state
deleted text endnew text begin as well asnew text end the relative importance of
price and other factors.

Sec. 5.

Minnesota Statutes 2012, section 473.173, subdivision 2, is amended to read:


Subd. 2.

Rules.

deleted text beginBy September 1, 1976,deleted text end The council shall adopt and put into effect
rules establishing standards, guidelines and procedures for determining whether any
proposed matter is of metropolitan significance, and establishing a procedure for the review
of and final determination on such matters in accordance with the powers and requirements
set forth in this section. The purpose of these rules shall be to promote the orderly and
deleted text begineconomicdeleted text endnew text begin economicalnew text end development, public and private, of the metropolitan area.

Sec. 6.

Minnesota Statutes 2012, section 473.181, subdivision 2, is amended to read:


Subd. 2.

Parks.

The council shall review local government park master plans
pursuant to section 473.313. deleted text beginThe Metropolitan Council shall approve the use of moneys
made available for land acquisition to local units of government from the land and
conservation fund, the open space program of HUD, the natural resources account in the
state treasury, if the use thereof conforms with the system of priorities established by
law as part of a comprehensive plan for the development of parks; otherwise it shall
disapprove of the use thereof.
deleted text end

Sec. 7.

Minnesota Statutes 2012, section 473.254, subdivision 3a, is amended to read:


Subd. 3a.

Affordable, life-cycle housing opportunities amount deleted text beginafter 2002deleted text end.

deleted text begin (1) deleted text enddeleted text beginNotwithstanding any other provisions of this section, commencing for calendar
year 2003 and each succeeding calendar year,
deleted text end new text begin(a) new text endEach municipality's "affordable and
life-cycle housing opportunities amount" for that year must be determinednew text begin annuallynew text end by
the council using the method in this subdivision. The affordable and life-cycle housing
opportunities amount must be determined for each calendar year for all municipalities
in the metropolitan area.

deleted text begin (2)deleted text endnew text begin (b)new text end The council must allocate to each municipality its portion of the $1,000,000
of the revenue generated by the levy authorized in section 473.249 which is credited to the
local housing incentives account pursuant to subdivision 5, paragraph (b). The allocation
must be made by determining the amount levied for and payable in each municipality in
the previous calendar year pursuant to the council levy in section 473.249 divided by the
total amount levied for and payable in the metropolitan area in the previous calendar year
pursuant to such levy and multiplying that result by $1,000,000.

deleted text begin (3)deleted text endnew text begin (c)new text end The council must also determine the amount levied for and payable in
each municipality in the previous calendar year pursuant to the council levy in section
473.253, subdivision 1.

deleted text begin (4)deleted text endnew text begin (d)new text end A municipality's affordable and life-cycle housing opportunities amount
for the calendar year is the sum of the amounts determined under deleted text beginclauses (2) and (3)
deleted text endnew text begin paragraphs (b) and (c)new text end.

deleted text begin (5) Within 90 days after the effective date of this act, the council must notify each
municipality of its affordable and life-cycle housing opportunities amount for calendar
years 2003 and 2004 as determined by the method in this subdivision. These amounts
replace the affordable and life-cycle housing opportunities amount for each municipality
for calendar years 2003 and 2004 as previously determined by the method in subdivision 3.
deleted text end

deleted text begin (6)deleted text endnew text begin (e)new text end By deleted text beginAugust 1, 2004, and bydeleted text end August 1 of each deleted text beginsucceedingdeleted text end year, the council
must notify each municipality of its affordable and life-cycle housing opportunities
amount for the following calendar year determined by the method in this subdivision.

Sec. 8.

Minnesota Statutes 2012, section 473.254, subdivision 4, is amended to read:


Subd. 4.

Affordable and life-cycle housing requirement.

deleted text beginIn 1998, and thereafter,
deleted text endnew text begin (a)new text end A municipality that does not spend 85 percent of its affordable and life-cycle housing
opportunities amount to create affordable and life-cycle housing opportunities in the
previous calendar year must do one of the following with the affordable and life-cycle
housing opportunities amount for the previous year as determined under subdivision deleted text begin3
or
deleted text end 3adeleted text begin, as applicabledeleted text end:

(1) distribute it to the local housing incentives account; or

(2) distribute it to the housing and redevelopment authority of the city or county in
which the municipality is located to create affordable and life-cycle housing opportunities
in the municipality.

new text begin (b) new text endA municipality may enter into agreements with adjacent municipalities to
cooperatively provide affordable and life-cycle housing. The housing may be provided
in any of the cooperating municipalities, but must meet the combined housing goals of
each participating municipality.

Sec. 9.

Minnesota Statutes 2012, section 473.254, subdivision 5, is amended to read:


Subd. 5.

Sources of funds.

(a) The council shall credit to the local housing
incentives account any revenues derived from municipalities under subdivision 4,
paragraph deleted text begin(b)deleted text endnew text begin (a)new text end, clause (1).

(b) deleted text beginThe council shall credit $1,000,000 of the proceeds of solid waste bonds issued
by the council under Minnesota Statutes, section 473.831, before its repeal, to the local
housing incentives account in the metropolitan livable communities fund. In 1998 and each
year thereafter,
deleted text end The council shall new text beginannually new text endcredit $1,000,000 of the revenues generated by
the levy authorized in section 473.249 to the local housing incentives account.

(c) deleted text beginIn 1997, and each year thereafter,deleted text end The council shall new text beginannually new text endtransfer $500,000
from the livable communities demonstration account to the local housing incentives
account.

Sec. 10.

Minnesota Statutes 2012, section 473.315, subdivision 1, is amended to read:


Subdivision 1.

To metro local governments.

The Metropolitan Council with the
advice of the commission may make grants, from any funds available to it for recreation
open space purposes, to any deleted text beginmunicipality, park district or county located wholly or
partially within the metropolitan area
deleted text end new text beginimplementing agency, as defined in section 473.351,
new text endto cover the cost, or any portion of the cost, of acquiring or developing regional recreation
open space in accordance with the policy plan; and all such agencies may enter into
contracts for this purpose or rights or interests therein. The cost of acquisition shall
include any payments required for relocation pursuant to sections 117.50 to 117.56.

Sec. 11.

Minnesota Statutes 2012, section 473.375, subdivision 11, is amended to read:


Subd. 11.

Ride sharing.

The council shall administer a ride-sharing program in
the metropolitan area, except for the statewide vanpool leasing program conducted by the
commissioner of transportation and shall cooperate with the commissioner in the conduct
of ride-sharing activities in areas where the commissioner's programs and the council's
program overlap. deleted text beginThe council shall establish a rideshare advisory committee to advise it in
carrying out the program.
deleted text end The council may contract for services in operating the program.

Sec. 12.

Minnesota Statutes 2012, section 473.39, subdivision 1e, is amended to read:


Subd. 1e.

Obligations; additional authority.

In addition to the authority in
subdivisions 1a, 1b, 1c, and 1d, the council may issue certificates of indebtedness, bonds,
or other obligations under this section in an amount not exceeding $32,500,000, which may
be used for capital expenditures as prescribed in the council's transit capital improvement
program and for related costs, including the costs of issuance and sale of the obligations.

deleted text begin The Metropolitan Council, the city of St. Paul, and the Minnesota Department
of Transportation shall jointly assess the feasibility of locating a bus storage facility
near Mississippi and Cayuga Street and I-35E in St. Paul. If the metropolitan council
determines feasibility, the first priority for siting must be at that location.
deleted text end

Sec. 13.

Minnesota Statutes 2012, section 473.391, subdivision 1, is amended to read:


Subdivision 1.

Contracts.

The council may contract with other operators or local
governments for route planning and scheduling services in any configuration of new
or reconfiguration of existing transit services and routesdeleted text begin, including route planning and
scheduling necessary for the test marketing program, the service bidding program, and the
interstate highway described generally as Legislative Routes Nos. 10 and 107 between
I-494 and the Hawthorne interchange in the city of Minneapolis, commonly known as I-394
deleted text end.

Sec. 14.

Minnesota Statutes 2012, section 473.405, subdivision 5, is amended to read:


Subd. 5.

Acquisition of transit systems.

The council may acquire by purchase,
lease, gift, or condemnation proceedings any existing public transit system or any part
thereof, including all or any part of the plant, equipment, shares of stock, property, real,
personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
patents, permits and papers, documents and records belonging to any operator of a public
transit system within the metropolitan area, and may in connection therewith assume any
or all liabilities of any operator of a public transit system. The council may take control of
and operate a system immediately following the filing and approval of the initial petition
for condemnation, if the council, in its discretion, determines this to be necessary, and
may take possession of all right, title and other powers of ownership in all properties
and facilities described in the petition. Control must be taken by resolution which is
effective upon service of a copy on the condemnee and the filing of the resolution in
the condemnation action. In the determination of the fair value of the existing public
transit system, there must not be included any value attributable to expenditures for
improvements made by the former Metropolitan Transit Commission or council.

deleted text begin The council may continue or terminate within three months of acquisition any
advertising contract in existence by and between any advertiser and a transit system that
the council has acquired. If the council determines to terminate the advertising contract,
it shall acquire all of the advertiser's rights under the contract by purchase or eminent
domain proceedings as provided by law.
deleted text end

Sec. 15.

Minnesota Statutes 2012, section 473.42, is amended to read:


473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.

Notwithstanding any contrary provisions of section 352.029, the council shall make
the employer contributions required pursuant to section 352.04, subdivision 3, for any
employee who was on authorized leave of absence from the transit operating division of the
former Metropolitan Transit Commission who is employed by the labor organization which
is the exclusive bargaining agent representing new text beginMetro Transit Division new text endemployees of the
deleted text beginOffice of Transit Operationsdeleted text endnew text begin councilnew text end and who is covered by the Minnesota State Retirement
System in addition to all other employer contributions the council is required to make.

Sec. 16.

Minnesota Statutes 2012, section 473.504, subdivision 5, is amended to read:


Subd. 5.

Gifts, grants, loans.

The council may accept gifts, may apply for and
accept grants or loans of money or other property from the United States, the state, or any
person for any of its purposesdeleted text begin, including any grant available under the federal Water
Pollution Act amendments of 1972,
deleted text end whether for construction, researchnew text begin,new text end or pilot project
implementation, may enter into any agreement required in connection therewith, and may
hold, use, and dispose of such money or property in accordance with the terms of the gift,
grant, loannew text begin,new text end or agreement relating thereto. deleted text beginThe council has all powers necessary to comply
with the federal Water Pollution Control Act amendments of 1972 and any grant offered to
it thereunder including, but not limited to, the power to enter into such contracts with,
or to impose such charges upon, persons using the metropolitan disposal system as it
shall determine to be necessary for the recovery of treatment works and interceptor costs
paid with federal grant funds. Insofar as possible these costs shall be recovered by local
government units on behalf of the council.
deleted text end

Sec. 17.

Minnesota Statutes 2012, section 473.504, subdivision 11, is amended to read:


Subd. 11.

Surplus property.

The council may sell or otherwise dispose of any real
or personal property acquired by it which is no longer required for accomplishment of its
purposes. deleted text beginSuch property may be sold in the manner provided by section 469.065, insofar
as practical. The council may give such notice of sale as it shall deem appropriate. When
the council determines that any property or any interceptor or treatment works or any part
thereof which has been acquired from a local government unit without compensation is no
longer required, but is required as a local facility by the government unit from which it
was acquired, the council may by resolution transfer it to such government unit.
deleted text end

Sec. 18.

Minnesota Statutes 2012, section 473.858, subdivision 1, is amended to read:


Subdivision 1.

No conflicting zoning, fiscal device, official control.

Within nine
months following the receipt of a metropolitan system statement for an amendment to a
metropolitan system plan and within three years following the receipt of a metropolitan
system statement issued in conjunction with the decennial review required under section
473.864, subdivision 2, every local governmental unit shall have reviewed and, if
necessary, amended its comprehensive plan in accordance with sections 462.355, 473.175,
and 473.851 to 473.871 and the applicable planning statute and shall have submitted the
plan to the Metropolitan Council for review pursuant to section 473.175. The provisions
of sections 462.355, 473.175, and 473.851 to 473.871 shall supersede the provisions of the
applicable planning statute wherever a conflict may exist. If the comprehensive municipal
plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into
conformance with the plan by local government units in conjunction with the review
and, if necessary, amendment of its comprehensive plan required under section 473.864,
subdivision 2
. deleted text beginAfter August 1, 1995,deleted text end A local government unit shall not adopt any fiscal
device or official control which is in conflict with its comprehensive plan, including any
amendments to the plan, or which permits activity in conflict with metropolitan system
plans, as defined by section 473.852, subdivision 8. The comprehensive plan shall provide
guidelines for the timing and sequence of the adoption of official controls to ensure planned,
orderly, and staged development and redevelopment consistent with the comprehensive
plan. For purposes of this section, a fiscal device or official control shall not be considered
to be in conflict with a local government unit's comprehensive plan or to permit an activity
in conflict with metropolitan system plans if such fiscal device or official control is adopted
to ensure the planned, orderly, and staged development of urbanization or redevelopment
areas designated in the comprehensive plan pursuant to section 473.859, subdivision 5.

Sec. 19.

Minnesota Statutes 2012, section 473.859, subdivision 6, is amended to read:


Subd. 6.

Plan review.

The council shalldeleted text begin, by January 1, 1994,deleted text end prepare guidelines
for the preparation of the water supply plans required in subdivision 3, clause (4). The
plans must be submitted to the council deleted text beginby January 1, 1996deleted text endnew text begin as part of the decennial review
required under section 473.864, subdivision 2
new text end. The council shall review the plans under
section 473.175, subdivision 1, after submitting them to affected counties that have
adopted groundwater plans under section 103B.255 for their review and comment.

Sec. 20.

Minnesota Statutes 2012, section 473.861, subdivision 2, is amended to read:


Subd. 2.

deleted text beginBy 1976deleted text endnew text begin Plan preparationnew text end.

deleted text beginBy December 31, 1976,deleted text end Each town within
the counties of Anoka, Carver, Dakota, Scott and Washington, authorized to plan under
sections 462.351 to 462.364, or under special law, shall by resolution determine whether it
will prepare the comprehensive plan for its jurisdiction. Each such town also shall specify,
pursuant to agreement with the county within which it is situated, any parts of its plan and
official controls, if any, the preparation of which it delegates to the county.

Sec. 21.

Minnesota Statutes 2012, section 473.862, subdivision 2, is amended to read:


Subd. 2.

deleted text beginTowns with no plan by 1976deleted text endnew text begin Town planningnew text end.

Each county other than
Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance
of the town, the comprehensive plan for any town within the county which deleted text beginfails by
December 31, 1976, to take
deleted text endnew text begin has not takennew text end action by resolution pursuant to section 473.861,
subdivision 2
and shall prepare all or part of any plan delegated to it pursuant to section
473.861, subdivision 2.

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

new text begin Minnesota Statutes 2012, sections 473.123, subdivision 7; 473.13, subdivision 1c;
473.23; 473.241; 473.243; 473.244; 473.254, subdivision 3; 473.315, subdivision 2;
473.326; 473.333; 473.375, subdivision 9; 473.382; 473.388, subdivision 8; 473.392;
473.516, subdivision 5; 473.523, subdivision 2; 473.535; and 473.852, subdivision 11,
new text end new text begin and new text end new text begin Minnesota Statutes 2013 Supplement, section 473.517, subdivision 9, new text end new text begin are repealed.
new text end

Sec. 23. new text beginAPPLICATION.
new text end

new text begin This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

ARTICLE 4

INFORMATION TECHNOLOGY

Section 1.

Minnesota Statutes 2012, section 16E.01, as amended by Laws 2013,
chapter 134, section 21, is amended to read:


16E.01 OFFICE OF MN.IT SERVICES.

Subdivision 1.

Creation; chief information officer.

The Office of MN.IT Services,
referred to in this chapter as the "office," is an agency in the executive branch headed by
a commissioner, who also is the state chief information officer. The appointment of the
commissioner is subject to the advice and consent of the senate under section 15.066.

Subd. 1a.

Responsibilities.

The office shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, accessibility, and security of information and telecommunications technology
systems and services in Minnesota. The office shall manage strategic investments in
information and telecommunications technology systems and services to encourage the
development of a technically literate society, to ensure sufficient access to and efficient
delivery of accessible government services, and to maximize benefits for the state
government as an enterprise.

Subd. 2.

Discretionary powers.

The office may:

(1) enter into contracts for goods or services with public or private organizations
and charge fees for services it provides;

(2) apply for, receive, and expend money from public agencies;

(3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;

(4) enter into contracts with agencies of the federal government, local governmental
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernmental organizations as necessary to perform its statutory duties;

deleted text begin (5) appoint committees and task forces of not more than two years' duration to
assist the office in carrying out its duties;
deleted text end

deleted text begin (6)deleted text endnew text begin (5)new text end sponsor and conduct conferences and studies, collect and disseminate
information, and issue reports relating to information and communications technology
issues;

deleted text begin (7) participate in the activities of standards bodies and other appropriate conferences
related to information and communications technology issues;
deleted text end

deleted text begin (8)deleted text endnew text begin (6)new text end review the technology infrastructure of regions of the state and cooperate
with and make recommendations to the governor, legislature, state agencies, local
governments, local technology development agencies, the federal government, private
businesses, and individuals for the realization of information and communications
technology infrastructure development potential;

deleted text begin (9)deleted text endnew text begin (7)new text end sponsor, support, and facilitate innovative and collaborative economic
and community development and government services projects, including technology
initiatives related to culture and the arts, with public and private organizations; and

deleted text begin (10)deleted text endnew text begin (8)new text end review and recommend alternative sourcing strategies for state information
and communications systems.

Subd. 3.

Duties.

(a) The office shall:

(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications
technology systems and services and its infrastructure;

(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding
projects reviewed, and recommend projects for inclusion in the governor's budget under
section 16A.11;

(3) ensure cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services, and define the structure and responsibilities of a representative governance
structure;

(4) cooperate and collaborate with the legislative and judicial branches in the
development of information and communications systems in those branches;

(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;

(6) promote and collaborate with the state's agencies in the state's transition to an
effectively competitive telecommunications market;

(7) collaborate with entities carrying out education and lifelong learning initiatives
to assist Minnesotans in developing technical literacy and obtaining access to ongoing
learning resources;

(8) promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each
other, to their governments, and to the world;

(9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
businesses and citizens can successfully compete in the global economy;

(10) manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;

(11) facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and services,
electronic data practices and privacy, and electronic commerce among international,
national, state, and local public and private organizations;

(12) eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by deleted text beginother public and private
organizations while building on the existing governmental, educational, business, health
care, and economic development infrastructures
deleted text endnew text begin state agenciesnew text end;

(13) identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;

(14) ensure overall security of the state's information and technology systems and
services; and

(15) manage and direct compliance with accessibility standards for informational
technology, including hardware, software, Web sites, online forms, and online surveys.

(b) The chief information officer, in consultation with the commissioner of
management and budget, must determine when it is cost-effective for agencies to develop
and use shared information and telecommunications technology systems and services for
the delivery of electronic government services. The chief information officer may require
agencies to use shared information and telecommunications technology systems and
services. The chief information officer shall establish reimbursement rates in cooperation
with the commissioner of management and budget to be billed to agencies and other
governmental entities sufficient to cover the actual development, operating, maintenance,
and administrative costs of the shared systems. The methodology for billing may include
the use of interagency agreements, or other means as allowed by law.

(c) A state agency that has an information and telecommunications technology
project with a total expected project cost of more than $1,000,000, whether funded as part
of the biennial budget or by any other means, shall register with the office by submitting
basic project startup documentation, as specified by the chief information officer in both
format and content, before any project funding is requested or committed and before
the project commences. State agency project leaders must demonstrate that the project
will be properly managed, provide updates to the project documentation as changes are
proposed, and regularly report on the current status of the project on a schedule agreed to
with the chief information officer.

(d) The chief information officer shall monitor progress on any active information
and telecommunications technology project with a total expected project cost of more than
$5,000,000 and report on the performance of the project in comparison with the plans for
the project in terms of time, scope, and budget. The chief information officer may conduct
an independent project audit of the project. The audit analysis and evaluation of the
projects subject to paragraph (c) must be presented to agency executive sponsors, the
project governance bodies, and the chief information officer. All reports and responses
must become part of the project record.

(e) For any active information and telecommunications technology project with a
total expected project cost of more than $10,000,000, the state agency must perform an
annual independent audit that conforms to published project audit principles promulgated
by the office.

(f) The chief information officer shall report by January 15 of each year to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over the office regarding projects the office has reviewed under paragraph (a),
clause deleted text begin(2)deleted text endnew text begin (13)new text end. The report must include the reasons for the determinations made in the
review of each project and a description of its current status.

Sec. 2.

Minnesota Statutes 2012, section 16E.03, subdivision 2, is amended to read:


Subd. 2.

Chief information officer's responsibility.

deleted text beginThe chief information officer
shall coordinate the state's information and telecommunications technology systems and
services to serve the needs of the state government.
deleted text end The chief information officer shall:

(1) design a master plan for information and telecommunications technology
systems and services in the state and its political subdivisions and shall report on the plan
to the governor and legislature at the beginning of each regular session;

(2) coordinate, review, and approve all information and telecommunications
technology projects and oversee the state's information and telecommunications
technology systems and services;

(3) establish and enforce compliance with standards for information and
telecommunications technology systems and services that are cost-effective and support
open systems environments and that are compatible with state, national, and international
standards, including accessibility standards;

(4) maintain a library of systems and programs developed by the state and its
political subdivisions for use by agencies of government;

(5) direct and manage the shared operations of the state's information and
telecommunications technology systems and services; and

(6) establish and enforce standards and ensure acquisition of hardware and software
necessary to protect data and systems in state agency networks connected to the Internet.

Sec. 3.

Minnesota Statutes 2012, section 16E.035, is amended to read:


16E.035 TECHNOLOGY INVENTORY.

The chief information officer must prepare deleted text beginandeleted text endnew text begin a financialnew text end inventory of technology
owned or leased by deleted text beginstate agenciesdeleted text endnew text begin MN.IT Servicesnew text end. The inventory must include: (1)
information on how the technology fits into the state's information technology architecture;
and (2) a projected replacement schedule. The chief information officer must report the
inventory to the legislative committees with primary jurisdiction over state technology
issues by July 1 of each even-numbered year.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 16E.04, subdivision 2, is
amended to read:


Subd. 2.

Responsibilities.

deleted text begin (a) In addition to other activities prescribed by law, the
office shall carry out the duties set out in this subdivision.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end The office shall develop and establish a state information architecture to ensure:

(1) that state agency deleted text begindevelopment and purchase ofdeleted text end information and communications
systems, equipment, and services deleted text beginis designed to ensure that individual agency information
systems complement and
deleted text end do not needlessly duplicate or conflict with the systems of other
agencies; and

(2) enhanced public access to data can be provided consistent with standards
developed under section 16E.05, subdivision 4.

When state agencies have need for the same or similar public data, the chief information
officer, in coordination with the affected agencies, shall manage the most efficient and
cost-effective method of producing and storing data for or sharing data between those
agencies. The development of this information architecture must include the establishment
of standards and guidelines to be followed by state agencies. The office shall ensure
compliance with the architecture.

deleted text begin (c) The office shall, in cooperation with state agencies, plan and manage the
development and improvement of information systems so that an individual information
system reflects and supports the state agency's mission and the state's requirements and
functions.
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end The office shall review and approve agency requests for funding for the
development or purchase of information systems equipment or software before the
requests may be included in the governor's budget.

deleted text begin (e)deleted text endnew text begin (c)new text end The office shall review and approve agency requests for grant funding that
have an information and technology component.

deleted text begin (f)deleted text endnew text begin (d)new text end The office shall review major purchases of information systems equipment to:

(1) ensure that the equipment follows the standards and guidelines of the state
information architecture;

(2) ensure the agency's proposed purchase reflects a cost-effective policy regarding
volume purchasing; and

(3) ensure that the equipment is consistent with other systems in other state agencies
so that data can be shared among agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the inconsistency.

deleted text begin (g)deleted text endnew text begin (e)new text end The office shall review the operation of information systems by state agencies
and ensure that these systems are operated efficiently and securely and continually meet
the standards and guidelines established by the office. The standards and guidelines must
emphasize uniformity that is cost-effective for the enterprise, that encourages information
interchange, open systems environments, and portability of information whenever
practicable and consistent with an agency's authority and chapter 13.

Sec. 5.

Minnesota Statutes 2012, section 16E.05, subdivision 1, is amended to read:


Subdivision 1.

Duties.

The office, in consultation with interested persons, shall:

(1) coordinate statewide efforts by units of state and local government to plan for
and develop a system for providing access to government services;new text begin and
new text end

deleted text begin (2) make recommendations to facilitate coordination and assistance of demonstration
projects; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end explore ways and means to improve citizen and business access to public
services, including implementation of technological improvements.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 16E.18, subdivision 8, is
amended to read:


Subd. 8.

Exemption.

The state information network is exempt from the five-
and ten-year limitation on contracts set by sections deleted text begin16C.03, subdivision 17;deleted text end 16C.05,
subdivision 2
, paragraph (b); new text begin16C.06, subdivision 3b; new text end16C.08, subdivision 3, clause (5);
and 16C.09, clause (6). A contract compliance review must be performed by the office on
a five-year basis for any contract that has a total term greater than five years. The review
must detail any compliance or performance issues on the part of the contractor.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 16E.02, subdivisions 2 and 3; 16E.03, subdivision
8; and 16E.0475,
new text end new text begin are repealed the day following final enactment.
new text end