HF 2972

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying and renaming the Legislative
Commission on Minnesota Resources; adding citizens and making structural
changes; appropriating money; amending Minnesota Statutes 2004, sections
116P.02, subdivision 4; 116P.03; 116P.04, subdivision 5; 116P.05, as amended;
116P.07; 116P.08, subdivisions 3, 4, 5, 6; 116P.09, subdivisions 1, 6, by adding
a subdivision; 116P.11; Minnesota Statutes 2005 Supplement, section 10A.01,
subdivision 35; repealing Minnesota Statutes 2004, sections 116P.02, subdivision
2; 116P.06; Laws 2005, First Special Session chapter 1, article 2, section 156,
subdivision 2.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35,
is amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Minnesota Technology, Inc.; deleted text begin or
deleted text end

(17) member of the board of directors or executive director of the Minnesota State
High School League deleted text begin . deleted text end new text begin ; or
new text end

new text begin (18) a citizen member of the Legislative-Citizen Commission on Minnesota
Resources.
new text end

Sec. 2.

Minnesota Statutes 2004, section 116P.02, subdivision 4, is amended to read:

Subd. 4.

Commission.

"Commission" means the deleted text begin Legislative deleted text end new text begin Legislative-Citizen
new text end Commission on Minnesota Resources.

Sec. 3.

Minnesota Statutes 2004, section 116P.03, is amended to read:

116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING new text begin ;
APPROPRIATIONS new text end .

(a) The trust fund may not be used as a substitute for traditional sources of funding
environmental and natural resources activities, but the trust fund shall supplement the
traditional sources, including those sources used to support the criteria in section 116P.08,
subdivision 1. The trust fund must be used primarily to support activities whose benefits
become available only over an extended period of time.

(b) The commission must determine the amount of the state budget spent from
traditional sources to fund environmental and natural resources activities before and after
the trust fund is established and include a comparison of the amount in the report under
section 116P.09, subdivision 7.

new text begin (c) For the fiscal year beginning July 1, 2007, and each year thereafter, the amount of
the environment and natural resources trust fund that is available for appropriation under
the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated by a
law passed by the legislature and signed by the governor.
new text end

new text begin (d) The amount appropriated from the environment and natural resources trust fund
may be spent only for the public purpose of protection, conservation, preservation, and
enhancement of the state's air, water, land, fish, wildlife, and other natural resources.
Recommendations made by the commission under this chapter must be consistent with
the Minnesota Constitution, article XI, section 14; chapter 116P; and the strategic plan
adopted under section 116P.08, subdivision 3, and must demonstrate a direct benefit to the
state's environment and natural resources.
new text end

Sec. 4.

Minnesota Statutes 2004, section 116P.04, subdivision 5, is amended to read:

Subd. 5.

Audits required.

The legislative auditor shall audit trust fund expenditures
to ensure that the money is spent for the purposes deleted text begin provided in the commission's budget
plan deleted text end new text begin for which the money was appropriated new text end .

Sec. 5.

Minnesota Statutes 2004, section 116P.05, as amended by Laws 2005, First
Special Session chapter 1, article 2, section 135, is amended to read:

116P.05 deleted text begin LEGISLATIVE deleted text end new text begin LEGISLATIVE-CITIZEN new text end COMMISSION ON
MINNESOTA RESOURCES.

Subdivision 1.

Membership.

(a) A deleted text begin Legislative deleted text end new text begin Legislative-Citizen new text end Commission on
Minnesota Resources of deleted text begin 20 deleted text end new text begin 17 new text end members is created new text begin in the legislative branch new text end , consisting
of deleted text begin the chairs of the house and senate committees on environment and natural resources
or designees appointed for the terms of the chairs, deleted text end the chairs of the house and senate
committees on environment and natural resources finance or designees appointed for
the terms of the chairs, deleted text begin the chairs of the house Ways and Means and Senate Finance
Committees or designees appointed for the terms of the chairs, seven deleted text end new text begin four new text end members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules and
Administration, and deleted text begin seven deleted text end new text begin four new text end members of the house appointed by the speaker.

At least deleted text begin three deleted text end new text begin two new text end members from the senate and deleted text begin three deleted text end new text begin two new text end members from the house
must be from the minority caucus. Members are entitled to reimbursement for per diem
expenses plus travel expenses incurred in the services of the commission.

new text begin Seven citizens are members of the commission, five appointed by the governor, one
appointed by the Senate Subcommittee on Committees of the Committee on Rules and
Administration, and one appointed by the speaker of the house. The citizen members
are selected and recommended to the appointing authorities according to subdivision
1a and must:
new text end

new text begin (1) have experience and expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;
new text end

new text begin (2) have strong knowledge in the state's environment and natural resource issues
around the state; and
new text end

new text begin (3) have demonstrated ability to work in a collaborative environment.
new text end

(b) Members shall deleted text begin appoint deleted text end new text begin develop procedures to elect new text end a chair deleted text begin who deleted text end new text begin that rotates
between legislative and citizen members. The chair new text end shall preside and convene meetings as
often as necessary to conduct duties prescribed by this chapter.

(c) new text begin Appointed legislative new text end members shall serve on the commission deleted text begin until their
successors are appointed deleted text end new text begin for two-year terms, beginning in January of each odd-numbered
year and continuing through the end of December of the next even-numbered year. A
legislative member may not serve on the commission for more than three consecutive full
two-year terms, unless at the time the limit would apply, the person is the chair of the
environment and natural resources finance committee. A citizen member may not serve
on the commission for more than two consecutive full three-year terms. Citizen and
legislative members continue to serve until their successors are appointed new text end .

(d) new text begin A citizen member may be removed by an appointing authority for cause. new text end
Vacancies occurring on the commission shall not affect the authority of the remaining
members of the commission to carry out their duties, and vacancies shall be filled new text begin for the
remainder of the term new text end in the same manner under paragraph (a).

new text begin (e) Citizen members shall be initially appointed according to the following schedule
of terms:
new text end

new text begin (1) two members appointed by the governor for a term ending the first Monday in
January 2010;
new text end

new text begin (2) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2010 and one member appointed by the speaker of the house for a term ending the first
Monday in January 2010;
new text end

new text begin (3) two members appointed by the governor for a term ending the first Monday in
January 2009; and
new text end

new text begin (4) one member appointed by the governor for a term ending the first Monday in
January 2008.
new text end

new text begin (f) Citizen members are entitled to per diem and reimbursement for expenses
incurred in the services of the commission, as provided in section 15.059, subdivision 3.
new text end

new text begin Subd. 1a. new text end

new text begin Citizen selection committee. new text end

new text begin The governor shall appoint a trust fund
citizen selection committee of five members who come from different regions of the state
and who have knowledge and experience of state environment and natural resource issues.
new text end

new text begin The duties of the trust fund citizen selection committee shall be to:
new text end

new text begin (1) identify citizen candidates to be members of the commission as part of the open
appointments process under section 15.0597;
new text end

new text begin (2) request and review citizen candidate applications to be members of the
commission; and
new text end

new text begin (3) interview the citizen candidates and recommend an adequate pool of candidates
to be selected for commission membership by the governor, the senate, and the house
of representatives.
new text end

new text begin Members are entitled to travel expenses incurred to fulfill their duties under this
subdivision as provided in section 15.059, subdivision 6.
new text end

Subd. 2.

Duties.

(a) The commission shall recommend deleted text begin a budget plan deleted text end new text begin an annual
legislative bill new text end for deleted text begin expenditures deleted text end new text begin appropriations new text end from the environment and natural resources
trust fund and shall adopt a strategic plan as provided in section 116P.08. new text begin Approval of
the recommended legislative bill requires an affirmative vote of at least 12 members
of the commission.
new text end

(b) The commission shall recommend expenditures to the legislature from the state
land and water conservation account in the natural resources fund.

(c) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section
4.071, subdivision 2, that the agency or entity receiving the appropriation must submit a
work program and semiannual progress reports in the form determined by the deleted text begin Legislative deleted text end
new text begin Legislative-Citizen new text end Commission on Minnesota Resources, and comply with applicable
reporting requirements under section 116P.16. None of the money provided may be spent
unless the commission has approved the pertinent work program.

(d) The peer review panel created under section 116P.08 must also review, comment,
and report to the commission on research proposals applying for an appropriation from the
oil overcharge money under section 4.071, subdivision 2.

(e) The commission may adopt operating procedures to fulfill its duties under
chapter 116P.

new text begin (f) As part of the operating procedures, the commission shall:
new text end

new text begin (1) ensure that members' expectations are to participate in all meetings related to
funding decision recommendations;
new text end

new text begin (2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;
new text end

new text begin (3) allow administrative expenses as part of individual project expenditures based
on need;
new text end

new text begin (4) provide for project outcome evaluation;
new text end

new text begin (5) keep the grant application, administration, and review process as simple as
possible; and
new text end

new text begin (6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.
new text end

new text begin Subd. 3. new text end

new text begin Sunset. new text end

new text begin This section expires June 30, 2016, unless extended by the
legislature.
new text end

Sec. 6.

Minnesota Statutes 2004, section 116P.07, is amended to read:

116P.07 INFORMATION GATHERING.

The commission may convene public forums new text begin or employ other methods new text end to gather
information for establishing priorities for funding.

Sec. 7.

Minnesota Statutes 2004, section 116P.08, subdivision 3, is amended to read:

Subd. 3.

Strategic plan required.

(a) The commission shall adopt a strategic
plan for making expenditures from the trust fund, including identifying the priority
areas for funding for the next six years. The strategic plan must be deleted text begin updated deleted text end new text begin reviewed new text end
every two years. deleted text begin The plan is advisory only. The commission shall submit the plan, as a
recommendation, to the house of representatives Ways and Means and senate Finance
Committees by January 1 of each odd-numbered year. deleted text end new text begin The strategic plan must have clearly
stated short- and long-term goals and strategies for trust fund expenditures, must provide
measurable outcomes for expenditures, and must determine areas of emphasis for funding.
new text end

(b) The commission deleted text begin may accept or modify the draft of the strategic plan submitted
to it by the advisory committee before voting on the plan's adoption deleted text end new text begin shall consider the
long-term strategic plans of agencies with environment and natural resource programs
and responsibilities and plans of conservation and environmental organizations during the
development and review of the strategic plan new text end .

Sec. 8.

Minnesota Statutes 2004, section 116P.08, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Budget plan deleted text end new text begin Legislative recommendations new text end .

(a) Funding may be provided
only for those projects that meet the categories established in subdivision 1.

(b) deleted text begin Projects submitted to the commission for funding may be referred to the advisory
committee for recommendation.
deleted text end

deleted text begin (c) deleted text end The commission must deleted text begin adopt a budget plan deleted text end new text begin recommend an annual legislative bill new text end
to make deleted text begin expenditures deleted text end new text begin appropriations new text end from the trust fund for the purposes provided in
subdivision 1. The deleted text begin budget plan deleted text end new text begin recommendations new text end must be submitted to the governor for
inclusion in the biennial budget and supplemental budget submitted to the legislature.

new text begin (c) The commission may recommend regional block grants for a portion of trust
fund expenditures to partner with existing regional organizations that have strong citizen
involvement, to address unique local needs and capacity, and to leverage all available
funding sources for projects.
new text end

new text begin (d) The commission may recommend the establishment of an annual emerging
issues account in its annual legislative bill for funding emerging issues, which come up
unexpectedly, but which still adhere to the commission's strategic plan, to be approved by
the governor after initiation and recommendation by the commission.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Money in the trust fund may not be spent except under an appropriation
by law.

Sec. 9.

Minnesota Statutes 2004, section 116P.08, subdivision 5, is amended to read:

Subd. 5.

Public meetings.

deleted text begin All deleted text end new text begin Technical new text end advisory committee and commission
meetings must be open to the public. The commission shall attempt to meet deleted text begin at least once
in each of the state's congressional districts deleted text end new text begin throughout various regions of the state new text end new text begin new text end during
each biennium.

Sec. 10.

Minnesota Statutes 2004, section 116P.08, subdivision 6, is amended to read:

Subd. 6.

Peer review.

(a) Research proposals must include a stated purpose new text begin directly
connected to the trust fund's constitutional mandate, chapter 116P, and the adopted
strategic plan under subdivision 3 new text end , new text begin a new text end timeline, potential outcomes, and an explanation of
the need for the research. All research proposals must be reviewed by a peer review
panel before receiving an appropriation.

(b) In conducting research proposal reviews, the peer review panel shall:

(1) comment on the methodology proposed and whether it can be expected to yield
appropriate and useful information and data;

(2) comment on the need for the research and about similar existing information
available, if any; and

(3) report to the commission deleted text begin and advisory committee deleted text end on clauses (1) and (2).

(c) The peer review panel also must review completed research proposals that have
received an appropriation and comment and report upon whether the project reached
the intended goals.

Sec. 11.

Minnesota Statutes 2004, section 116P.09, subdivision 1, is amended to read:

Subdivision 1.

Administrative authority.

The commission may appoint legal
and other personnel and consultants necessary to carry out functions and duties of the
commission. Permanent employees shall be in the unclassified service. In addition,
the commission may request staff assistance and data from any other agency of state
government as needed for the execution of the responsibilities of the commission deleted text begin and
advisory committee deleted text end and an agency must promptly furnish it.

Sec. 12.

Minnesota Statutes 2004, section 116P.09, subdivision 6, is amended to read:

Subd. 6.

Conflict of interest.

A commission member, new text begin a technical new text end advisory
committee member, new text begin a new text end peer review panelist, or an employee of the commission may not
participate in or vote on a decision of the commission, advisory committee, or peer
review panel relating to an organization in which the member, panelist, or employee has
either a direct or indirect personal financial interest. While serving on the deleted text begin legislative deleted text end
commission, new text begin technical new text end advisory committee, or peer review panel, or being an employee of
the commission, a person shall avoid any potential conflict of interest.

Sec. 13.

Minnesota Statutes 2004, section 116P.09, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Technical advisory committees. new text end

new text begin The commission shall make use of
available public and private expertise on environment and natural resource issues by
appointing necessary technical advisory committees to review funding proposals and
evaluate project outcomes. Compensation for technical advisory committee members is
governed by section 15.059, subdivision 6.
new text end

Sec. 14.

Minnesota Statutes 2004, section 116P.11, is amended to read:

116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.

(a) The amount deleted text begin biennially deleted text end new text begin annually new text end available from the trust fund for the deleted text begin budget plan deleted text end new text begin
legislative bill new text end developed by the commission is as defined in the Minnesota Constitution,
article XI, section 14.

(b) Any appropriated funds not encumbered in the biennium in which they are
appropriated cancel and must be credited to the principal of the trust fund.

Sec. 15. new text begin CONTINUITY.
new text end

new text begin (a) The Legislative Commission on Minnesota Resources shall continue to operate
until the full membership of the Legislative-Citizen Commission on Minnesota Resources
is appointed under section 5, but no later than August 15, 2006.
new text end

new text begin (b) The staff of the Legislative Commission on Minnesota Resources shall provide
administrative and professional services to the Legislative-Citizen Commission on
Minnesota Resources, as provided in Minnesota Statutes, section 15.039, subdivision 7.
new text end

Sec. 16. new text begin TRANSITION PROVISIONS FOR LEGISLATIVE MEMBERS.
new text end

new text begin (a) Legislative members initially appointed to the Legislative-Citizen Commission
on Minnesota Resources serve through January 2, 2007, or for those who are still
legislators in January 2007, until their successors are appointed.
new text end

new text begin (b) Legislative service on the former Legislative Commission on Minnesota
Resources is not counted for purposes of the term limits for service on the
Legislative-Citizen Commission on Minnesota Resources.
new text end

Sec. 17. new text begin APPROPRIATION.
new text end

new text begin (a) $450,000 in fiscal year 2007 is appropriated from the environment and natural
resources trust fund to the Legislative-Citizen Commission on Minnesota Resources for
administration, as provided in Minnesota Statutes, section 116P.09, subdivision 5.
new text end

new text begin (b) The fiscal year 2006 administrative budget under Laws 2005, First Special
Session chapter 1, article 2, section 11, subdivision 3, is for the Legislative Commission
on Minnesota Resources or its successor commission, as provided in Minnesota Statutes,
section 15.039, subdivision 6.
new text end

Sec. 18. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Legislative Commission on Minnesota
Resources" to "Legislative-Citizen Commission on Minnesota Resources" wherever it
appears in Minnesota Statutes and Minnesota Rules.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 116P.02, subdivision 2; and 116P.06; new text end new text begin and new text end new text begin Laws
2005, First Special Session chapter 1, article 2, section 156, subdivision 2, new text end new text begin are repealed.
new text end

Sec. 20. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4; 5, subdivisions 1, 2, and 3; and 6 to 18, are effective June 1, 2006.
Section 5, subdivision 1a, is effective the day following final enactment.
new text end