Minnesota Legislature
HF 4025
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 03:43pm
Current Version - 2nd Engrossment
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A bill for an act
relating to infrastructure; establishing the Minnesota Advisory Council on
Infrastructure; specifying office powers and duties; providing for implementation;
requiring reports; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 16B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
IMPLEMENTATION
Section 1. new text begin IMPLEMENTATION ACTIVITIES.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For purposes of this section, "council" means the Minnesota
Advisory Council on Infrastructure established under Minnesota Statutes, section 16B.357.
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new text begin Subd. 2. new text end
new text begin Council implementation. new text end
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(a) Appointing authorities under Minnesota Statutes,
section 16B.357, subdivision 2, must make initial appointments by May 1, 2025.
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(b) By May 1, 2025, the commissioner of administration must hire an executive director
as provided under Minnesota Statutes, section 16B.359.
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(c) Following appointment of an executive director under paragraph (b) and the
appointments under Minnesota Statutes, section 16B.357, the council must undertake
community engagement efforts throughout the state that include hearings to obtain comments
and information related to providing for effective and efficient management of infrastructure
and preserving and extending the longevity of Minnesota's public and privately owned
infrastructure.
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Sec. 2. new text begin APPROPRIATION; MINNESOTA ADVISORY COUNCIL ON
INFRASTRUCTURE.
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$248,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of administration for purposes of the Minnesota Advisory Council on Infrastructure as
provided under section 1 and Minnesota Statutes, sections 16B.357 to 16B.359. The base
is $653,000 in fiscal year 2026 and $768,000 in fiscal year 2027.
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ARTICLE 2
MINNESOTA ADVISORY COUNCIL ON INFRASTRUCTURE
Section 1.
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[16B.356] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Terms. new text end
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For the purposes of sections 16B.356 to 16B.359, the terms
defined in this section have the meanings given.
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new text begin Subd. 2. new text end
new text begin Council. new text end
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"Council" means the Minnesota Advisory Council on Infrastructure
established in section 16B.357.
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new text begin Subd. 3. new text end
new text begin Infrastructure. new text end
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"Infrastructure" means physical structures and facilities,
including but not limited to property, lands, buildings, and other assets of a capital nature.
The term includes infrastructure related to agriculture, commerce, communications, economic
development, energy, food, health, housing, natural resources, public safety, transportation,
drinking water, stormwater, and wastewater.
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Sec. 2.
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[16B.357] MINNESOTA ADVISORY COUNCIL ON INFRASTRUCTURE.
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new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
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(a) The Minnesota Advisory Council on
Infrastructure is established as provided under sections 16B.356 to 16B.359.
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(b) The purpose of the council is to define and maintain a vision for the future of
Minnesota's infrastructure that provides for its proper management, coordination, and
investment.
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new text begin Subd. 2. new text end
new text begin Voting membership. new text end
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The council consists of the following voting members:
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(1) two members appointed by the governor;
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(2) two members appointed by the senate majority leader;
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(3) two members appointed by the senate minority leader;
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(4) two members appointed by the speaker of the house;
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(5) two members appointed by the house minority leader; and
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(6) one member appointed by the Indian Affairs Council.
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new text begin Subd. 3. new text end
new text begin Nonvoting membership. new text end
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The council consists of the following nonvoting
members:
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(1) the commissioner of administration;
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(2) the commissioner of agriculture;
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(3) the commissioner of commerce;
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(4) the commissioner of employment and economic development;
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(5) the commissioner of health;
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(6) the commissioner of management and budget;
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(7) the commissioner of natural resources;
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(8) the commissioner of the Pollution Control Agency;
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(9) the commissioner of transportation;
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(10) the commissioner of Iron Range resources and rehabilitation;
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(11) the chair of the Metropolitan Council;
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(12) the chair of the Board of Water and Soil Resources;
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(13) the executive director of the Minnesota Public Facilities Authority;
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(14) the chancellor of Minnesota State Colleges and Universities; and
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(15) the president of the University of Minnesota.
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new text begin Subd. 4. new text end
new text begin Voting members; appointment requirements. new text end
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(a) An appointing authority
under subdivision 2 may only appoint an individual who has direct and practical expertise
and experience, whether from the public or private sector, in any of the following:
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(1) asset management in one or more of the areas of planning, design, construction,
management, or operations and maintenance, for: (i) drinking water; (ii) wastewater; (iii)
stormwater; (iv) transportation; (v) energy; or (vi) communications;
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(2) financial management and procurement; or
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(3) regional asset management across jurisdictions and infrastructure sectors.
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(b) Each appointing authority under subdivision 2, clauses (1) to (5), must appoint one
individual who resides in a metropolitan county, as defined in section 473.121, subdivision
4, and one individual who resides outside of a metropolitan county.
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(c) No current legislator may be appointed to the council.
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(d) Prior to making appointments, the appointing authorities under subdivision 2 must
coordinate and provide for:
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(1) geographic representation throughout the state;
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(2) representation for all major types of infrastructure assets; and
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(3) representation from the public and private sectors.
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new text begin Subd. 5. new text end
new text begin Voting members; recommendations for appointment. new text end
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Each appointing
authority under subdivision 2 must acknowledge and give consideration to appointment
recommendations made by interested stakeholders, including but not limited to:
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(1) the Association of Minnesota Counties;
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(2) the League of Minnesota Cities;
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(3) the Coalition of Greater Minnesota Cities;
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(4) the Minnesota Association of Townships;
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(5) the Minnesota Chapter of the American Public Works Association;
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(6) the Associated General Contractors of Minnesota;
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(7) a labor union representing the building trades;
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(8) a public utility;
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(9) the Minnesota Municipal Utilities Association;
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(10) the Minnesota Chamber of Commerce;
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(11) the Minnesota section of the American Water Works Association;
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(12) the Minnesota Rural Water Association; and
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(13) the Minnesota Rural Electric Association.
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new text begin Subd. 6. new text end
new text begin Nonvoting members; delegation. new text end
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(a) Notwithstanding section 15.06,
subdivision 6, an individual specified under subdivision 3 may appoint a designee to serve
on the council only as provided in this subdivision.
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(b) An individual specified under subdivision 3 may appoint a designee who serves on
an ongoing basis to exercise the powers and duties as a nonvoting council member under
this section. The designation must be made by written order, filed with the secretary of state.
The designee must be a public employee who is:
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(1) a deputy commissioner or deputy director;
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(2) an assistant commissioner;
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(3) an immediate subordinate of the appointing authority;
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(4) a director of a relevant office; or
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(5) if the appointing authority is the chair of a board or council specified under subdivision
3, another member of that board or council.
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new text begin Subd. 7. new text end
new text begin Officers. new text end
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(a) The council must elect from among its voting members a chair,
or cochairs, and vice-chair. As necessary, the council may elect other council members to
serve as officers.
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(b) The chair is responsible for convening meetings of the council and setting each
meeting agenda.
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new text begin Subd. 8. new text end
new text begin Council actions. new text end
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(a) A majority of the council, including voting and nonvoting
members and excluding vacancies, is a quorum.
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(b) The council may conduct business as provided under section 13D.015.
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new text begin Subd. 9. new text end
new text begin Compensation; terms; removal; vacancies. new text end
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The compensation, membership
terms, filling of vacancies, and removal of members on the council are as provided in section
15.0575.
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new text begin Subd. 10. new text end
new text begin Open Meeting Law. new text end
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The council is subject to the Minnesota Open Meeting
Law under chapter 13D.
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new text begin Subd. 11. new text end
new text begin Data practices. new text end
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The council is subject to the Minnesota Data Practices Act
under chapter 13.
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Sec. 3.
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[16B.358] POWERS; RESPONSIBILITIES AND DUTIES.
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new text begin Subdivision 1. new text end
new text begin General powers. new text end
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The council has the nonregulatory powers necessary
to carry out its responsibilities and duties specified by law.
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new text begin Subd. 2. new text end
new text begin General responsibilities. new text end
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(a) The council is responsible for activities in a
nonregulatory capacity and in coordination with stakeholders to identify and recommend
best practices that:
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(1) preserve and extend the longevity of Minnesota's public and privately owned
infrastructure; and
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(2) provide for effective and efficient management of infrastructure.
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(b) Unless specifically provided otherwise, nothing in sections 16B.356 to 16B.359
requires transfer of personnel, specific responsibilities, or administrative functions from a
department or agency to the council.
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new text begin Subd. 3. new text end
new text begin Duties. new text end
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The duties of the council are to:
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(1) identify approaches to enhance and expedite infrastructure coordination across
jurisdictions, agencies, state and local government, and public and private sectors, including
in planning, design, engineering, construction, maintenance, and operations;
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(2) analyze methods to improve efficiency and the use of resources related to (i) public
infrastructure, and (ii) public asset management practices;
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(3) identify opportunities to reduce duplication in infrastructure projects and asset
management;
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(4) identify barriers and gaps in effective asset management;
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(5) identify objectives and strategies that enhance the longevity and adaptability of
infrastructure throughout the state;
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(6) develop advisory recommendations, if any, related to the responsibilities and duties
specified under this section, including to state agencies for programs, policies, and practices;
and
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(7) implement the requirements under sections 16B.356 to 16B.359.
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new text begin Subd. 4. new text end
new text begin Asset managers program. new text end
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The council must develop and recommend a plan
for a statewide asset managers program that provides for:
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(1) identification, exchange, and distribution of (i) information on existing asset
management tools and resources, and (ii) best practices on infrastructure management;
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(2) training for infrastructure owners and asset managers; and
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(3) coordination and collaboration among infrastructure owners and asset managers.
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new text begin Subd. 5. new text end
new text begin Administrative support. new text end
new text begin
The commissioner must provide the council with
suitable space to maintain an office, hold meetings, and keep records. The commissioner
must provide administrative staff and information technology resources to the council as
necessary for the expeditious conduct of the council's duties and responsibilities.
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new text begin Subd. 6. new text end
new text begin Report. new text end
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By December 15 annually, the council must submit a report to the
governor and the legislative committees with jurisdiction over capital investment, climate,
economic development, energy, and transportation. At a minimum, the report must:
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(1) summarize the activities of the council;
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(2) provide an overview for each of the duties and requirements under sections 16B.356
to 16B.359;
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(3) identify any barriers and constraints related to activities of the council; and
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(4) provide any recommendations of the council.
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Sec. 4.
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[16B.359] PERSONNEL.
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new text begin Subdivision 1. new text end
new text begin Executive director. new text end
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(a) The commissioner must hire an executive director
in the classified service, with the advice of the council. The executive director is the principal
administrative officer for the council. The executive director is not an ex officio member
of the council.
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(b) The executive director must have (1) leadership or management experience, and (2)
training and experience in public works or asset management.
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(c) The executive director must perform the duties as specified by the council to manage
and implement the requirements of sections 16B.356 to 16B.359.
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new text begin Subd. 2. new text end
new text begin Staffing. new text end
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(a) The executive director must:
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(1) hire any employees on the basis of merit and fitness that the executive director
considers necessary to discharge the functions of the office; and
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(2) prescribe the powers and duties of an employee.
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(b) The executive director may:
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(1) hire a deputy director and other staff; and
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(2) delegate the powers, duties, and responsibilities of the executive director to employees,
under conditions prescribed by the executive director.
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