3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for economic 1.4 development and other purposes; providing for 1.5 assessments against utilities; amending Minnesota 1.6 Statutes 1994, sections 138.35, by adding a 1.7 subdivision; 138.664, by adding a subdivision; 1.8 138.763, subdivision 1; 298.22, by adding a 1.9 subdivision; 469.056, subdivision 2; and 469.303; 1.10 Minnesota Statutes 1995 Supplement, sections 79.561, 1.11 subdivision 3; 138.01, by adding a subdivision; and 1.12 473.252; Laws 1980, chapter 595, section 3, as 1.13 amended; Laws 1994, chapter 573, sections 1, 1.14 subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; 1.15 Laws 1995, chapters 231, article 1, section 33; and 1.16 224, section 5, subdivision 3; proposing coding for 1.17 new law in Minnesota Statutes, chapter 116J; repealing 1.18 Minnesota Statutes 1994, sections 116J.873, 1.19 subdivisions 1, 2, and 4; 138.662, subdivision 5; and 1.20 268.9783, subdivision 8; Minnesota Statutes 1995 1.21 Supplement, section 116J.873, subdivisions 3 and 5; 1.22 Laws 1988, chapter 684, article 1, section 23. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. [ECONOMIC DEVELOPMENT APPROPRIATIONS.] 1.25 The sums in the columns marked "APPROPRIATIONS" are 1.26 appropriated from the general fund, or another named fund, to 1.27 the agencies and for the purposes specified in this article, to 1.28 be available for the fiscal years indicated for each purpose. 1.29 SUMMARY BY FUND 1.30 1996 1997 1.31 General $ 1,654,000 $ 23,724,000 1.32 Petroleum 1.33 Tank Cleanup 47,000 93,000 1.34 Special 1.35 Compensation -0- 2,800,000 2.1 TOTAL $ 1,701,000 $ 26,617,000 2.2 APPROPRIATIONS 2.3 Available for the Year 2.4 Ending June 30 2.5 1996 1997 2.6 Sec. 2. TRADE AND ECONOMIC 2.7 DEVELOPMENT -0- 5,105,000 2.8 (a) Minnesota investment fund 2.9 -0- 4,000,000 2.10 This appropriation is for the Minnesota 2.11 investment fund under Minnesota 2.12 Statutes, section 116J.8731. 2.13 Any funds previously appropriated for 2.14 the economic recovery grant program 2.15 under Minnesota Statutes, section 2.16 116J.873, may be spent for the 2.17 Minnesota investment fund program. 2.18 (b) Minnesota film board 2.19 -0- 100,000 2.20 This appropriation is for the Minnesota 2.21 film board and is added to the 2.22 appropriation for fiscal year 1997 in 2.23 Laws 1995, chapter 224, section 2, 2.24 subdivision 4. 2.25 (c) Morrison county rural development 2.26 finance authority 2.27 -0- 750,000 2.28 This appropriation is for a grant to 2.29 the Morrison county rural development 2.30 finance authority established under 2.31 Laws 1982, chapter 437. The authority 2.32 must use the grant only for capital 2.33 improvements to a paper and wood 2.34 products manufacturer in the county 2.35 primarily for the purposes of facility 2.36 upgrading and expansion of the 2.37 manufacturer's capability to utilize 2.38 recycled wastepaper as a fiber source. 2.39 Minnesota Statutes, section 116J.991, 2.40 applies to the grant. The commissioner 2.41 shall make the grant only if the 2.42 commissioner determines that at least 2.43 $500,000 of the grant will be matched 2.44 from other sources. The authority or 2.45 any city or county within which the 2.46 improvements and equipment are located 2.47 may issue general obligation bonds in 2.48 accordance with Minnesota Statutes, 2.49 chapter 475, to finance the local 2.50 match, except that sections 475.53, 2.51 475.58, and 475.59, do not apply. 2.52 (d) Job Skills Partnership Board 2.53 -0- 250,000 2.54 This appropriation is for the job 2.55 skills partnership program and is added 3.1 to the appropriation for fiscal year 3.2 1997 in Laws 1995, chapter 224, section 3.3 2, subdivision 2. 3.4 (e) Study 3.5 -0- 5,000 3.6 This appropriation is for a study, in 3.7 consultation with the pollution control 3.8 agency and the department of natural 3.9 resources, to evaluate the 3.10 compatibility of metal materials 3.11 shredding projects and other industrial 3.12 uses with tourism and other 3.13 nonindustrial uses of the Mississippi 3.14 River Critical Area, which has been 3.15 designated an area of critical concern 3.16 under Minnesota Statutes, section 3.17 116G.15. The commissioner of trade and 3.18 economic development shall report the 3.19 findings and recommendations of the 3.20 evaluation to the legislature by 3.21 January 1, 1997. 3.22 Sec. 3. MINNESOTA TECHNOLOGY, INC. -0- 700,000 3.23 Of this appropriation, $575,000 is for 3.24 a grant to the natural resources 3.25 research institute. 3.26 Of this appropriation, $125,000 is for 3.27 a study of cold weather research needs 3.28 and opportunities. The corporation 3.29 shall contract with the Minnesota cold 3.30 weather resource center for the study. 3.31 The study must address at least the 3.32 following: 3.33 (1) opportunities for research funded 3.34 by nonstate entities, including 3.35 businesses, to be conducted in 3.36 Minnesota; 3.37 (2) strategies to attract a significant 3.38 share of funded cold weather research 3.39 to Minnesota; 3.40 (3) types of facilities that are needed 3.41 to attract cold weather research 3.42 projects; 3.43 (4) recommended ownership structure and 3.44 lease arrangements with research 3.45 entities or businesses for such 3.46 facilities; and 3.47 (5) economic benefits that might accrue 3.48 to the people of Minnesota if a greater 3.49 amount of cold weather research is 3.50 conducted in the state. 3.51 The study may also include predesign or 3.52 architectural design of facilities for 3.53 cold weather research. 3.54 The corporation shall submit a report 3.55 of the study findings to the 3.56 legislature by January 1, 1998. 3.57 Sec. 4. WORLD TRADE CENTER 4.1 CORPORATION 78,000 4.2 This appropriation is for the 4.3 corporation's December 31, 1996, debt 4.4 payment. 4.5 Sec. 5. HOUSING FINANCE AGENCY 550,000 4.6 This appropriation is for transfer to 4.7 the housing development fund. Of this 4.8 amount, $250,000 is for the community 4.9 rehabilitation program for the purpose 4.10 of acquiring, demolishing, removing, 4.11 rehabilitating, and reconfiguring 4.12 multiple-unit residential rental 4.13 property to reduce concentrations of 4.14 substandard multiple-unit rental 4.15 housing. Priority shall be given to 4.16 projects that result in the creation of 4.17 a full range of housing opportunities, 4.18 including housing opportunities for 4.19 residents of the affected multiple-unit 4.20 rental housing, that will increase the 4.21 tax base and the income mix within a 4.22 community. 4.23 Of this amount, $300,000 is for the 4.24 family homeless prevention and 4.25 assistance program under Minnesota 4.26 Statutes, section 462A.204. This 4.27 appropriation is available until 4.28 expended. 4.29 Sec. 6. DEPARTMENT OF ECONOMIC 4.30 SECURITY 810,000 16,340,000 4.31 The amounts that may be spent from this 4.32 appropriation for each purpose are as 4.33 follows: 4.34 (a) Minnesota Youth Program 4.35 -0- 6,000,000 4.36 $6,000,000 is appropriated for fiscal 4.37 year 1997 for summer youth employment 4.38 programs. Of this amount, $117,000 is 4.39 for YOUTHBUILD, under Minnesota 4.40 Statutes, sections 268.361 to 268.367, 4.41 and $250,000 is for the learn to earn 4.42 summer youth employment program 4.43 established under Laws 1995, chapter 4.44 224, sections 5 and 39, if Congress 4.45 appropriates at least $2,000,000 for 4.46 the federal title IIB, Job Training 4.47 Partnership Act (JTPA) 1996 Minnesota 4.48 summer youth program. 4.49 (b) Transitional housing 4.50 -0- 450,000 4.51 This appropriation is for transitional 4.52 housing programs under Minnesota 4.53 Statutes, section 268.38, and is added 4.54 to the appropriations for fiscal year 4.55 1997 in Laws 1995, chapter 224, section 4.56 5, subdivision 3. 4.57 (c) Minnesota Workforce Center System 5.1 -0- 500,000 5.2 $500,000 is appropriated for fiscal 5.3 year 1997 to leverage federal dollars 5.4 in support of the establishment of a 5.5 public access computer system to 5.6 Minnesota Workforce System services. 5.7 (d) Employment Support Services 5.8 -0- 200,000 5.9 $200,000 is appropriated for employment 5.10 support services authorized by 5.11 Minnesota Statutes, section 268A.13. 5.12 Of this amount, up to $20,000 may be 5.13 used for administration. 5.14 (e) Home Energy Assistance 5.15 810,000 190,000 5.16 (1) $750,000 is available immediately 5.17 and until June 30, 1997, for low-income 5.18 home energy assistance under the 5.19 low-income home energy assistance block 5.20 grant, and is to be used and allocated 5.21 in the same manner as the federal money 5.22 is used and allocated. 5.23 (2) $60,000 is available immediately 5.24 and until June 30, 1997, for grants for 5.25 energy-related repairs to a home's 5.26 primary heat source. 5.27 (3) $190,000 is for the low-income home 5.28 weatherization program. 5.29 (f) Home energy assistance contingency 5.30 -0- 9,000,000 5.31 This appropriation is from the budget 5.32 reserve account in the general fund for 5.33 low income home energy assistance and 5.34 grants for energy related repairs to a 5.35 home's primary heat source contingent 5.36 on the governor's determination that 5.37 federal money allocated to Minnesota 5.38 under the low income energy assistance 5.39 block grant for federal fiscal year 5.40 1996 has been reduced below the amount 5.41 received by Minnesota under that grant 5.42 in federal fiscal year 1995. The 5.43 amount available from this contingent 5.44 appropriation shall be equal to the 5.45 reduction as determined by the governor. 5.46 The commissioner shall report to the 5.47 legislature by January 21, 1997, on any 5.48 expenditures of this appropriation. 5.49 Sec. 7. DEPARTMENT OF 5.50 COMMERCE 47,000 93,000 5.51 This appropriation is from the 5.52 petroleum tank release cleanup fund and 5.53 is for legal services. This 5.54 appropriation is added to the 5.55 appropriation in Laws 1995, chapter 5.56 224, section 7, subdivision 5. 6.1 Sec. 8. DEPARTMENT OF LABOR 6.2 AND INDUSTRY -0- 2,800,000 6.3 This appropriation is from the special 6.4 compensation fund for the Daedalus 6.5 imaging systems project. This 6.6 appropriation is added to the 6.7 appropriation in Laws 1995, chapter 6.8 224, section 12, subdivision 2. 6.9 Sec. 9. PUBLIC UTILITIES COMMISSION 370,000 -0- 6.10 This appropriation is available 6.11 immediately and until June 30, 1998, 6.12 for the costs related to the duties of 6.13 the commission and team of science 6.14 advisors under Laws 1994, chapter 573. 6.15 Sec. 10. MINNESOTA HISTORICAL 6.16 SOCIETY 174,000 951,000 6.17 (a) Compensation 6.18 174,000 826,000 6.19 This appropriation is for the purposes 6.20 of Minnesota Statutes, section 138.01, 6.21 subdivision 5. 6.22 (b) Farmamerica 6.23 -0- 50,000 6.24 This appropriation is for a grant to 6.25 Farmamerica. Notwithstanding any other 6.26 law this grant may be used for 6.27 operations. 6.28 (c) St. Anthony heritage board 6.29 -0- 75,000 6.30 This appropriation is for a grant to 6.31 the St. Anthony heritage board 6.32 established in Minnesota Statutes, 6.33 section 138.763. 6.34 Sec. 11. MINNESOTA HUMANITIES 6.35 COMMISSION 300,000 -0- 6.36 This appropriation is for fiscal year 6.37 1996 and is for moving expenses and 6.38 general operation and maintenance of 6.39 the Minnesota humanities commission's 6.40 new building. This appropriation is 6.41 available until June 30, 1997. 6.42 Sec. 12. [TRANSFER TO WORLD TRADE CENTER.] 6.43 The commissioner of trade and economic development shall 6.44 transfer, from the appropriations to the commissioner for the 6.45 federal city-state leveraged finance program, $50,000 in fiscal 6.46 year 1996 and $50,000 in fiscal year 1997 to the World Trade 6.47 Center Corporation. The World Trade Center Corporation shall 6.48 use the amounts so transferred for operating expenses. 7.1 Sec. 13. [DEPARTMENT OF PUBLIC SAFETY; DEPUTY REGISTRAR 7.2 RULES.] 7.3 Subdivision 1. [RULE PROHIBITED.] Notwithstanding any 7.4 other law, the commissioner of public safety may not adopt any 7.5 rule that amends or replaces, or addresses substantially the 7.6 same subject matter as, a rule of the department in effect on 7.7 January 1, 1996, that regulates the solicitation or service area 7.8 of deputy motor vehicle registrar offices. 7.9 Subd. 2. [REMOVAL OF INVENTORY.] Any rule of the 7.10 commissioner of public safety that prohibits the removal of 7.11 inventory from a deputy motor vehicle registrar office does not 7.12 apply to a deputy motor vehicle registrar who (1) for at least 7.13 five years before the effective date of this section has 7.14 provided customer service and inventory outside the deputy 7.15 registrar's office, and (2) before the effective date of the 7.16 rule requests in writing an exemption from the rule. The 7.17 commissioner shall grant any request under this subdivision that 7.18 complies with this subdivision. 7.19 Subd. 3. [REPORT.] The commissioner of public safety shall 7.20 report to the governor and legislature by January 1, 1997, on 7.21 the issue of restrictions on the solicitation or service area of 7.22 deputy motor vehicle registrar offices. The report must 7.23 consider existing and proposed restrictions on deputy motor 7.24 vehicle registrar solicitation or service area and evaluate each 7.25 on the basis of administrative efficiency and public service. 7.26 Sec. 14. [VOYAGEUR RECREATION AREA.] 7.27 Subdivision 1. [ESTABLISHMENT.] A recreation zone called 7.28 the "Voyageur recreation area" is established and consists of 7.29 all contiguous land in Koochiching county and that part of St. 7.30 Louis county lying north of county highway 23 and west of county 7.31 highway 24 to the Canadian border. 7.32 Subd. 2. [PURPOSE.] The purpose of the Voyageur recreation 7.33 area is to encourage and attract public and private funds in 7.34 order to diversify and promote economic development and 7.35 recreational and educational opportunities throughout the area. 7.36 Sec. 15. [BOARD CREATED.] 8.1 Subdivision 1. [MEMBERSHIP.] A Voyageur recreation area 8.2 board is created of nine members, with representation from the 8.3 following groups: 8.4 (1) International Falls Visitors and Convention Bureau; 8.5 (2) Kabetogama Lake association; 8.6 (3) Ash River/Crane Lake resort association; 8.7 (4) Koochiching county; 8.8 (5) St. Louis county; 8.9 (6) city of Orr; 8.10 (7) city of Ranier; 8.11 (8) city of International Falls; and 8.12 (9) city of Cook. 8.13 Subd. 2. [TERMS.] The membership terms, removal, and 8.14 filling of vacancies of board members are as provided in 8.15 Minnesota Statutes, section 15.0575. 8.16 Subd. 3. [CHAIR; OTHER OFFICERS.] The board shall annually 8.17 elect a chair and other officers as necessary from its members. 8.18 Sec. 16. [POWERS.] 8.19 Subdivision 1. [CONTRACTS.] The board may enter into 8.20 contracts and grant agreements necessary to carry out its 8.21 responsibilities. 8.22 Subd. 2. [GIFTS; GRANTS.] The board may apply for, accept, 8.23 and disburse gifts, grants, or other property from the United 8.24 States, the state, private foundations, or any other source. It 8.25 may enter into an agreement required for the gifts or grants and 8.26 may hold, use, and dispose of its assets in accordance with the 8.27 terms of the gift, grant, or agreement. Money received by the 8.28 board under this subdivision must be deposited in a separate 8.29 account. 8.30 Sec. 17. [UTILITY ASSESSMENT; STRAY VOLTAGE.] 8.31 Subdivision 1. [AUTHORITY.] To provide funding for the 8.32 appropriation in section 9 for the costs of the commission and 8.33 team of science advisors under Laws 1994, chapter 573, the 8.34 public utilities commission and the department of public service 8.35 shall assess a total of up to $370,000 under Minnesota Statutes, 8.36 section 216B.62, against public and municipal utilities 9.1 providing electrical service and cooperative electric 9.2 associations. The assessment must be deposited in the general 9.3 fund. The assessment is not subject to the limits prescribed 9.4 under Minnesota Statutes, section 216B.62, subdivision 3. The 9.5 assessment authority under this section is in addition to the 9.6 assessment authority contained in Laws 1994, chapter 573, 9.7 section 4. 9.8 Subd. 2. [PROPORTIONAL ASSESSMENT; EXPENSES AND 9.9 ACTIVITIES.] Each utility or association shall be assessed in 9.10 proportion that its gross operating revenues for the sale of 9.11 electric service within the state for the last calendar year 9.12 bears to the total of those revenues for all public and 9.13 municipal utilities and cooperative associations. 9.14 Sec. 18. [COMMUNITY REHABILITATION PROGRAM.] 9.15 The requirements in Laws 1995, chapter 224, section 6, 9.16 relating to use of the appropriation in that section for the 9.17 community rehabilitation program in cities of the first class in 9.18 the metropolitan area apply only to the city of St. Paul. For 9.19 the city of Minneapolis the requirements as to the use of that 9.20 appropriation are as follows: 9.21 (1) it must be used in areas that are defined as 9.22 redirection and revitalization neighborhoods by the neighborhood 9.23 revitalization program under Minnesota Statutes, section 9.24 469.1831; and 9.25 (2) the area must include eight blocks in any direction 9.26 from the neighborhood boundary. 9.27 Sec. 19. [ADMINISTRATIVE COSTS; CONTAMINATION CLEAN-UP 9.28 GRANTS.] 9.29 Up to 1.5 percent of the appropriation made in Laws 1995, 9.30 chapter 224, section 2, subdivision 2, for grants under 9.31 Minnesota Statutes 1994, sections 116J.551 to 116J.558, may be 9.32 expended for costs of the department of trade and economic 9.33 development incurred in administering those grants. 9.34 Sec. 20. [GROUND VOLTAGE SCIENCE ADVISORS; IMMUNITY FROM 9.35 SUIT, INDEMNIFICATION.] 9.36 (a) A member of the team of science advisors charged with 10.1 studying, researching, or preparing the report required by Laws 10.2 1994, chapter 573, or serving in a liaison capacity on behalf of 10.3 the team of science advisors, is not liable for the content of 10.4 the preliminary assessment or final report, for any action taken 10.5 or project conducted on behalf of researching and preparing the 10.6 assessment and report, or for any action taken or consequence 10.7 resulting from or arising out of publication and dissemination 10.8 of the report. This section does not provide immunity for 10.9 negligence or intentional misconduct of a member or a liaison. 10.10 (b) If a person referred to in paragraph (a) becomes a 10.11 party to a civil action or other legal or administrative 10.12 proceeding by reason of any action referred to in paragraph (a), 10.13 despite the intent of paragraph (a) to hold those persons immune 10.14 from suit, the state shall defend, save harmless, and indemnify 10.15 the person for any judgment or settlement and other costs 10.16 incurred in defense of the action or proceeding, unless the 10.17 person is found liable for negligent or intentional misconduct. 10.18 Sec. 21. Laws 1995, chapter 224, section 5, subdivision 3, 10.19 is amended to read: 10.20 Subd. 3. Community-Based Services 10.21 30,082,000 25,881,000 10.22 $935,000 the first year and $935,000 10.23 the second year are for operating costs 10.24 of transitional housing programs under 10.25 Minnesota Statutes, section 268.38. 10.26 $7,000,000 the first year and 10.27 $7,000,000 the second year are for the 10.28 Minnesota economic opportunity grant 10.29 program. Of this appropriation the 10.30 commissioner may use up to 8.7 percent 10.31 each year for state operations. 10.32 For the biennium ending June 30, 1997, 10.33 the commissioner shall transfer to the 10.34 low-income home weatherization program 10.35 at least five percent of the money 10.36 received under the low-income home 10.37 energy assistance block grant in each 10.38 year of the biennium and shall spend 10.39 all of the transferred money during the 10.40 year of the transfer or the year 10.41 following the transfer. Up to 1.63 10.42 percent of the transferred money may be 10.43 used by the commissioner for 10.44 administrative purposes. 10.45 For the biennium ending June 30, 1997, 10.46 no more than 1.63 percent of money 10.47 remaining under the low-income home 11.1 energy assistance program after 11.2 transfers to the weatherization program 11.3 may be used by the commissioner for 11.4 administrative purposes. 11.5 The state appropriation for the 11.6 temporary emergency food assistance 11.7 program may be used to meet the federal 11.8 match requirements. 11.9 $100,000 the first year and $100,000 11.10 the second year are for youth 11.11 intervention programs under Minnesota 11.12 Statutes, section 268.30, subdivisions 11.13 1 and 2. Funding may be used to expand 11.14 existing programs to serve unmet needs 11.15 and to create new programs in 11.16 underserved areas. In awarding these 11.17 new funds, the commissioner may waive 11.18 or modify the requirement for local 11.19 match when this requirement deters 11.20 expansion to underserved communities or 11.21 populations. This appropriation is 11.22 available until spent. 11.23 Notwithstanding Minnesota Statutes, 11.24 section 268.022, subdivision 2, the 11.25 commissioner of finance shall transfer 11.26 to the general fund from the dedicated 11.27 fund $3,000,000 in the first year and 11.28 $3,000,000 in the second year of the 11.29 money collected through the special 11.30 assessment established in Minnesota 11.31 Statutes, section 268.022, subdivision 11.32 1. 11.33 Of this appropriation, $3,000,000 the 11.34 first year is for summer youth 11.35 employment programs. 11.36 Of the money appropriated for the 11.37 summer youth employment programs for 11.38 the first year, $750,000 is immediately 11.39 available. Any remaining balance of 11.40 the immediately available money is 11.41 available for the year in which it is 11.42 appropriated. If the appropriation for 11.43 either year of the biennium is 11.44 insufficient, money may be transferred 11.45 from the appropriation for the other 11.46 year. 11.47 $200,000 the first year is for youth 11.48 employment and for housing for the 11.49 homeless through the YOUTHBUILD 11.50 program. A Minnesota YOUTHBUILD 11.51 program funded under this section as 11.52 authorized in Minnesota Statutes, 11.53 sections 268.361 to 268.367 qualifies 11.54 as an approved training program under 11.55 Minnesota Rules, part 5200.0930, 11.56 subpart 1. 11.57 Of the appropriation for Head Start, 11.58 the commissioner may use up to two 11.59 percent each year for state operations. 11.60 Of this appropriation, $250,000 is for 11.61 the learn to earn summer youth 11.62 employment demonstration program 11.63 established in Laws 1995, chapter 224, 12.1 section 39. This appropriation is 12.2 available until spent. 12.3 Sec. 22. Laws 1994, chapter 573, section 1, subdivision 6, 12.4 is amended to read: 12.5 Subd. 6. [RESEARCH DEADLINE.] The research conducted under 12.6 this section and any recommendations by the science advisors to 12.7 the commission must be completed and reported or made by June 12.8 30,19961998. 12.9 Sec. 23. Laws 1994, chapter 573, section 1, subdivision 7, 12.10 is amended to read: 12.11 Subd. 7. [EXPIRATION.] The team of science advisors 12.12 expires June 30,19961998. 12.13 Sec. 24. Laws 1994, chapter 573, section 4, is amended to 12.14 read: 12.15 Sec. 4. [ASSESSMENT.] 12.16 (a) To provide funding for activities required under this 12.17 act, the public utilities commission and the department of 12.18 public service shall assess a total of up to $548,000 under 12.19 Minnesota Statutes, section 216B.62, against public and 12.20 municipal utilities providing electrical service and cooperative 12.21 electric associations. The assessment must be deposited in the 12.22 general fund. The assessment is not subject to the limits 12.23 prescribed under Minnesota Statutes, section 216B.62, 12.24 subdivision 3. 12.25 (b) Each utility or association shall be assessed in 12.26 proportion that its gross operating revenues for the sale of 12.27 electric service within the state for the last calendar year 12.28 bears to the total of those revenues for all public and 12.29 municipal utilities and cooperative associations. 12.30 (c) Paragraphs (a) and (b) expire June 30, 1998. 12.31 Sec. 25. Laws 1994, chapter 573, section 5, subdivision 1, 12.32 is amended to read: 12.33 Subdivision 1. [PUBLIC UTILITIES COMMISSION; STUDY COSTS.] 12.34 $300,000 is appropriated from the general fund to the public 12.35 utilities commission. 12.36 $75,000 of this appropriation is for administrative 13.1 expenses of the commission under sections 1 and 2. 13.2 $225,000 of this appropriation is for expenses of the team 13.3 of scientific advisors and the commission liaison. 13.4 This appropriation remains available until June 30,199613.5 1998. 13.6 Sec. 26. Laws 1994, chapter 573, section 5, subdivision 2, 13.7 is amended to read: 13.8 Subd. 2. [PUBLIC UTILITIES COMMISSION;RESEARCH PROJECTS13.9 STUDY COSTS.] $150,000, or so much of this amount as may be 13.10 needed, is appropriated from the general fund to the public 13.11 utilities commission to initiate research projects in fiscal 13.12 year 1995 as recommended by the team of science advisors and 13.13 approved by the commission.Any amount ofThis appropriation 13.14that remains unencumbered after June 30, 1996, reverts to the13.15general funddoes not cancel but is available until June 30, 13.16 1998. 13.17 Sec. 27. Laws 1995, chapter 231, article 1, section 33, is 13.18 amended to read: 13.19 Sec. 33. [APPROPRIATION.] 13.20 The $900,000isappropriated from the special compensation 13.21 fund for the biennium ending June 30, 1997, to the department of 13.22 commerce shall be used for the purposes ofrateregulation of 13.23 commercial self-insurance groups under Minnesota Statutes, 13.24 sections 79A.19 to 79A.32 and workers' compensation rate 13.25 regulation under Minnesota Statutes, sections 79.50 to 79.561. 13.26 The complement of the department of commerce is increased by 13 13.27 positions for the purposes of rate regulation. 13.28 Sec. 28. Minnesota Statutes 1995 Supplement, section 13.29 79.561, subdivision 3, is amended to read: 13.30 Subd. 3. [CONSULTANTS AND COSTS.] The commissioner may 13.31 retain consultants, including a consulting actuary or other 13.32 experts, that the commissioner determines necessary for purposes 13.33 of this chapter. The salary limit set by section 43A.17 does 13.34 not apply to a consulting actuary retained under this 13.35 subdivision. A consulting actuary shall be a fellow in the 13.36 casualty actuarial society and shall have demonstrated 14.1 experience in workers' compensation insurance ratemaking. Any 14.2 individual not so qualified shall not render an opinion or 14.3 testify on actuarial aspects of a filing, including but not 14.4 limited to, data quality, loss development, and trending. The 14.5costs incurred incommissioner may determine the costs necessary 14.6 for implementing and conducting a contested case hearing under 14.7 subdivision 2, including, but not limited to, retaining any 14.8 consulting actuaries and experts, and those costs shall be 14.9 reimbursed by the special compensation fund. 14.10 Sec. 29. [116J.8731] [MINNESOTA INVESTMENT FUND.] 14.11 Subdivision 1. [PURPOSE.] The Minnesota investment fund is 14.12 created to provide financial assistance, through partnership 14.13 with communities, for the creation of new employment or to 14.14 maintain existing employment, and for business start-up, 14.15 expansions, and retention. It shall accomplish these goals by 14.16 the following means: 14.17 (1) creation or retention of permanent private-sector jobs 14.18 in order to create above-average economic growth consistent with 14.19 environmental protection; 14.20 (2) stimulation or leverage of private investment to ensure 14.21 economic renewal and competitiveness; 14.22 (3) increasing the local tax base, based on demonstrated 14.23 measurable outcomes, to guarantee a diversified industry mix; 14.24 (4) improvement of employment and economic opportunity for 14.25 citizens in the region to create a reasonable standard of 14.26 living, consistent with federal and state guidelines on low- to 14.27 moderate-income persons; and 14.28 (5) stimulation of productivity growth through improved 14.29 manufacturing or new technologies, including cold weather 14.30 testing. 14.31 Subd. 2. [ADMINISTRATION.] The commissioner shall 14.32 administer the fund as part of the small cities development 14.33 block grant program. Funds shall be made available to local 14.34 communities and recognized Indian tribal governments in 14.35 accordance with the rules adopted for economic development 14.36 grants in the small cities community development block grant 15.1 program, except that all units of general purpose local 15.2 government are eligible applicants for Minnesota investment 15.3 funds. A home rule charter or statutory city, county, or town 15.4 may loan or grant money under this section to a regional 15.5 development commission to provide the local match required for 15.6 capitalization of a regional revolving loan fund. 15.7 Subd. 3. [ELIGIBLE EXPENDITURES.] The money appropriated 15.8 for this section may be used to provide grants for 15.9 infrastructure, loans, loan guarantees, interest buy-downs, and 15.10 other forms of participation with private sources of financing, 15.11 provided that a loan to a private enterprise must be for a 15.12 principal amount not to exceed one-half of the cost of the 15.13 project for which financing is sought. 15.14 Subd. 4. [ELIGIBLE PROJECTS.] Assistance must be evaluated 15.15 on the existence of the following conditions: 15.16 (1) creation of new jobs or retention of existing jobs; 15.17 (2) increase in the tax base; 15.18 (3) the project can demonstrate that investment of public 15.19 dollars induces private funds; 15.20 (4) the project can demonstrate an excessive public 15.21 infrastructure or improvement cost beyond the means of the 15.22 affected community and private participants in the project; 15.23 (5) the project provides higher wage levels to the 15.24 community or will add value to current workforce skills; 15.25 (6) whether assistance is necessary to retain existing 15.26 business; and 15.27 (7) whether assistance is necessary to attract out-of-state 15.28 business. 15.29 A grant or loan cannot be made based solely on a finding 15.30 that the conditions in clause (6) or (7) exist. A finding must 15.31 be made that a condition in clause (1), (2), (3), (4), or (5) 15.32 also exists. 15.33 Applications recommended for funding shall be submitted to 15.34 the commissioner. 15.35 Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant 15.36 may not be approved for an amount in excess of $500,000. This 16.1 limit covers all money paid to complete the same project, 16.2 whether paid to one or more grant recipients and whether paid in 16.3 one or more fiscal years. The portion of a Minnesota investment 16.4 fund grant that exceeds $100,000 must be repaid to the state 16.5 when it is repaid to the local community or recognized Indian 16.6 tribal government by the person or entity to which it was loaned 16.7 by the local community or Indian tribal government. Money 16.8 repaid to the state must be credited to the general fund. A 16.9 grant or loan may not be made to a person or entity for the 16.10 operation or expansion of a casino or a store which is used 16.11 solely or principally for retail sales. Persons or entities 16.12 receiving grants or loans must pay each employee total 16.13 compensation, including benefits not mandated by law, that on an 16.14 annualized basis is equal to at least 110 percent of the federal 16.15 poverty level for a family of four. 16.16 Subd. 6. [SPORTS FACILITY.] A Minnesota investment fund 16.17 grant or loan cannot be used for a project related to a sports 16.18 facility. For the purpose of this subdivision, "sports 16.19 facility" means a building that has a professional sports team 16.20 as a principal tenant. 16.21 Subd. 7. [CONTRACTUAL OBLIGATION.] A business receiving 16.22 Minnesota investment fund grants must demonstrate why the grant 16.23 is necessary for a project and enter into an agreement with the 16.24 local grantor. The agreement, among other things, must obligate 16.25 the recipient to pay the minimum compensation set by this 16.26 section and meet job creation goals. A recipient that breaches 16.27 the agreement must repay the grant directly to the commissioner. 16.28 Repayments under this subdivision must be deposited in the 16.29 general fund. 16.30 Sec. 30. Minnesota Statutes 1995 Supplement, section 16.31 138.01, is amended by adding a subdivision to read: 16.32 Subd. 5. The Minnesota historical society shall receive 16.33 specific appropriations each biennium to carry out the purposes 16.34 of subdivision 2. The appropriation must be sufficient to pay 16.35 for salary and benefit related increases as determined by the 16.36 commissioner of employee relations in the commissioner's plan in 17.1 accordance with section 43A.18, subdivision 2, and the 17.2 legislature. 17.3 Sec. 31. Minnesota Statutes 1994, section 138.35, is 17.4 amended by adding a subdivision to read: 17.5 Subd. 3. [EMPLOYMENT OF PERSONNEL.] The state 17.6 archaeologist may employ personnel to assist in carrying out the 17.7 state archaeologist's duties, and may spend state appropriations 17.8 to compensate such personnel. 17.9 Sec. 32. Minnesota Statutes 1994, section 138.664, is 17.10 amended by adding a subdivision to read: 17.11 Subd. 13a. Burbank Livingston Griggs House; Ramsey county. 17.12 Sec. 33. Minnesota Statutes 1994, section 138.763, 17.13 subdivision 1, is amended to read: 17.14 Subdivision 1. [MEMBERSHIP.] There is a St. Anthony Falls 17.15 heritage board consisting of1922 members with the director of 17.16 the Minnesota historical society as chair. The members include 17.17 the mayor,; the chair of the Hennepin county board of 17.18 commissioners or the chair's designee,; the president of the 17.19 Minneapolis park and recreation board or the president's 17.20 designee,; the superintendent of the park board,; two members 17.21 each from the house of representatives appointed by the speaker, 17.22 the senate appointed by the rules committee, the city council, 17.23 the Hennepin county board, and the park board, and; one member 17.24 each from the preservation commission, the preservation office, 17.25 Hennepin county historical society, and the society; one person 17.26 appointed by the park board; and two persons appointed by the 17.27 chair of the board. 17.28 Sec. 34. Minnesota Statutes 1994, section 298.22, is 17.29 amended by adding a subdivision to read: 17.30 Subd. 6. [EQUITY PARTICIPATION.] The board may acquire an 17.31 equity interest in any project for which it provides funding. 17.32 Sec. 35. Minnesota Statutes 1994, section 469.056, 17.33 subdivision 2, is amended to read: 17.34 Subd. 2. [CONTRACTS.] A port authority may contract to 17.35 erect, repair, maintain or operate docks, warehouses, terminals, 17.36 elevators, or other structures on or in connection with property 18.1 it owns or controls. The authority may contract or arrange with 18.2 the federal government, or any of its departments, with persons, 18.3 public corporations, the state, or any of its political 18.4 subdivisions, commissions, or agencies, for separate or joint 18.5 action, on any matter related to using the authority's powers or 18.6 doing its duties. The authority may contract to purchase and 18.7 sell real and personal property. An obligation or expense must 18.8 not be incurred unless existing appropriations together with the 18.9 reasonably expected revenue of the port authority from other 18.10 sources are sufficient to discharge the obligation or pay the 18.11 expense when due. The state and its municipal subdivisions are 18.12 not liable on the obligations. Notwithstanding section 16A.695, 18.13 for leases or management contracts entered into with respect to 18.14 property acquired or bettered with the proceeds of state general 18.15 obligation bonds, (1) a seaway port authority may meet its 18.16 obligations and expenses of operating and reinvest in capital 18.17 improvements by retaining revenues received under the leases or 18.18 management contracts and is not required to pay lease or 18.19 management contract revenues to the commissioner of finance; and 18.20 (2) the lease or management contract entered into by a seaway 18.21 port authority must not be canceled or terminated as a result of 18.22 changes or termination by the state in the governmental program 18.23 of the seaway port authority unless compensation is paid as 18.24 provided by law. 18.25 Sec. 36. Minnesota Statutes 1994, section 469.303, is 18.26 amended to read: 18.27 469.303 [ELIGIBILITY REQUIREMENTS.] 18.28 An area within the city is eligible for designation as an 18.29 enterprise zone if the areais(1)designated asincludes census 18.30 tracts eligible for aproposedfederal empowerment zone or 18.31 enterprise community as defined by thecity in an application to18.32theUnited States Department of Housing and Urban Development 18.33 under Public Law Number 103-66,provided the city can18.34demonstrate that it can meet thenotwithstanding the maximum 18.35 zone population standard under the federal empowerment zone 18.36 program for cities with a population under 500,000 or (2) an 19.1 area within a city of the second class that is designated as an 19.2 economically depressed area by the United States Department of 19.3 Commerce. 19.4 Sec. 37. Minnesota Statutes 1995 Supplement, section 19.5 473.252, is amended to read: 19.6 473.252 [TAX BASE REVITALIZATION ACCOUNT.] 19.7 Subdivision 1. [DEFINITION.] For the purposes of this 19.8 section, "municipality" means a statutory or home rule charter 19.9 city or town participating in the local housing incentives 19.10 program under section 473.254, or a county in the metropolitan 19.11 area. 19.12 Subd. 1a. [DEVELOPMENT AUTHORITY.] For the purpose of this 19.13 section, "development authority" means a statutory or home rule 19.14 charter city, housing and redevelopment authority, economic 19.15 development authority, or a port authority. 19.16 Subd. 2. [SOURCES OF FUNDS.] The council shall credit to 19.17 the tax base revitalization account within the fund the amount, 19.18 if any, provided for under section 473.167, subdivision 3a, 19.19 paragraph (b), and the amount, if any, distributed to the 19.20 council under section 473F.08, subdivision 3b. 19.21 Subd. 3. [DISTRIBUTION OF FUNDS.] (a) The council must use 19.22 the funds in the account to make grants to municipalities or 19.23 development authorities for the cleanup of polluted land in the 19.24 metropolitan area. A grant to a metropolitan county or a 19.25 development authority must be used for a project in a 19.26 participating municipality. The council shall prescribe and 19.27 provide the grant application form to municipalities. The 19.28 council must consider the probability of funding from other 19.29 sources when making grants under this section. 19.30 (b)(1) The legislature expects that applications for grants 19.31 will exceed the available funds and the council will be able to 19.32 provide grants to only some of the applicant municipalities. If 19.33 applications for grants for qualified sites exceed the available 19.34 funds, the council shall make grants that provide the highest 19.35 return in public benefits for the public costs incurred, that 19.36 encourage commercial and industrial development that will lead 20.1 to the preservation or growth of living-wage jobs and that 20.2 enhance the tax base of the recipient municipality. 20.3 (2) In making grants, the council shall establish regular 20.4 application deadlines in which grants will be awarded from the 20.5 available money in the account. If the council provides for 20.6 application cycles of less than six-month intervals, the council 20.7 must reserve at least 40 percent of the receipts of the account 20.8 for a year for application deadlines that occur in the second 20.9 half of the year. If the applications for grants exceed the 20.10 available funds for an application cycle, no more than one-half 20.11 of the funds may be granted to projects in a statutory or home 20.12 rule charter city and no more than three-quarters of the funds 20.13 may be granted to projects located in cities of the first class. 20.14 (c) A municipality may use the grant to provide a portion 20.15 of the local match requirement for project costs that qualify 20.16 for a grant under sections 116J.551 to 116J.557. 20.17 Sec. 38. Laws 1980, chapter 595, section 3, as amended by 20.18 Laws 1985, chapter 194, section 29; Laws 1988, chapter 572, 20.19 section 2; and Laws 1988, chapter 594, sections 1 to 4, is 20.20 amended by adding a subdivision to read: 20.21 Subd. 13. [ECONOMIC DEVELOPMENT.] When the agency 20.22 exercises its powers for industrial development or to establish 20.23 industrial development districts for purposes under Minnesota 20.24 Statutes, sections 469.048 to 469.068, the term "industrial," 20.25 when used in relation to industrial development purposes, 20.26 includes "economic" and "economic development." 20.27 Sec. 39. [NEW TECHNOLOGY TRAINING.] 20.28 The house of representatives may spend funds carried 20.29 forward from its appropriations for the biennium ending June 30, 20.30 1995, for costs associated with training for new technology. 20.31 Sec. 40. [REPEALER.] 20.32 (a) Minnesota Statutes 1994, sections 116J.873, 20.33 subdivisions 1, 2, and 4; and 138.662, subdivision 5; and 20.34 Minnesota Statutes 1995 Supplement, section 116J.873, 20.35 subdivisions 3 and 5, are repealed. 20.36 (b) Minnesota Statutes 1994, section 268.9783, subdivision 21.1 8; and Laws 1988, chapter 684, article 1, section 23, are 21.2 repealed. 21.3 Sec. 41. [EFFECTIVE DATE.] 21.4 Sections 12 to 28, 30, 31, and 33 to 39; section 40, 21.5 paragraph (b); and all provisions making appropriations for 21.6 fiscal year 1996, are effective the day following final 21.7 enactment. Section 29; and section 40, paragraph (a), are 21.8 effective July 1, 1996.