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HF 4850

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/18/2022 11:13am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to natural resources; modifying the Legislative-Citizen Commission on
Minnesota Resources membership and terms; modifying availability of fund
disbursements; establishing requirements for capital projects; providing
appointments; amending Minnesota Statutes 2020, sections 116P.05, subdivisions
1, 1a, 2; 116P.09, subdivision 6; 116P.11; proposing coding for new law in
Minnesota Statutes, chapter 116P.

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

Section 1.

Minnesota Statutes 2020, section 116P.05, subdivision 1, is amended to read:


Subdivision 1.

Membership.

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

deleted text begin (b) At least two members from the senate and two members from the house of
representatives 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.
deleted text end

new text begin (b) The legislative members of the commission consist of:
new text end

new text begin (1) two members of the house of representatives appointed by the speaker of the house,
including the chair of the environment and natural resources finance committee or the chair's
designee;
new text end

new text begin (2) two members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration, including the chair of the environment and natural
resources finance committee or the chair's designee;
new text end

new text begin (3) two members of the house of representatives appointed by the house minority leader;
and
new text end

new text begin (4) two members of the senate appointed by the senate minority leader.
new text end

(c) deleted text beginSeven citizens aredeleted text endnew text begin The citizennew text end members of the commissiondeleted text begin, fivedeleted text endnew text begin consist of:
new text end

new text begin (1) one member from each congressional districtnew text end appointed by the governordeleted text begin, 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
deleted text endnew text begin following the selection and
recommendation process under subdivision 1a. A member must reside in the congressional
district at the time of their appointment; and
new text end

new text begin (2) one member appointed by the governor as recommended by the Tribal government
representatives of the Indian Affairs Council.
new text end

new text begin (d) Anew text end citizen deleted text beginmembers are selected and recommended to the appointing authorities
according to subdivision 1a and
deleted text endnew text begin membernew text end must:

(1) have experience or 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;

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

(3) have demonstrated ability to work in a collaborative environmentnew text begin; and
new text end

new text begin (4) not be a registered lobbyistnew text end.

deleted text begin (d)deleted text endnew text begin (e)new text end Members deleted text beginshalldeleted text endnew text begin mustnew text end develop procedures to elect a chair that rotates between
legislative and citizen members each meeting. A citizen member, a senate member, and a
house of representatives member shall serve as chairs. The citizen members, senate members,
and house of representatives members must select their respective chairs. The chair deleted text beginshalldeleted text endnew text begin
must
new text end preside and convene meetings as often as necessary to conduct duties prescribed by
this chapter.

deleted text begin (e)deleted text endnew text begin (f)new text end Appointed legislative members shall serve on the commission 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. Appointed citizen members shall serve four-year terms,
beginning in January of the first year and continuing through the end of December of the
final year. Citizen and legislative members continue to serve until their successors are
appointed.

deleted text begin (f)deleted text endnew text begin (g)new text end A citizen member may be removed by an appointing authority for cause. 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 for the remainder of the
term in the same manner under paragraphs (a) to (c).

deleted text begin (g)deleted text endnew text begin (h) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the commission.
new text end 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 3new text begin, except that a citizen member may be compensated
at the rate of up to $125 a day
new text end.

deleted text begin (h) The governor's appointments are subject to the advice and consent of the senate.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 116P.05, subdivision 1a, is amended to read:


Subd. 1a.

Citizen selection committee.

(a) The governor deleted text beginshalldeleted text endnew text begin mustnew text end 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
issuesnew text begin to provide recommendations for appointments under subdivision 1, paragraph (c),
clause (1)
new text end.

(b) The duties of the Trust Fund Citizen Selection Committee deleted text beginshall bedeleted text endnew text begin arenew text end to:

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

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

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

(c) Membersnew text begin serve two-year terms andnew text end are entitled to travel expenses incurred to fulfill
their duties under this subdivision as provided in section 15.059, subdivision 6.

Sec. 3.

Minnesota Statutes 2020, section 116P.05, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The commission deleted text beginshalldeleted text endnew text begin mustnew text end recommend an annual or biennial
legislative bill for appropriations from the environment and natural resources trust fund and
deleted text begin shalldeleted text endnew text begin mustnew text end adopt a strategic plan as provided in section 116P.08. new text beginExcept as provided under
section 116P.09, subdivision 6, paragraph (b),
new text endapproval of the recommended legislative bill
requires an affirmative vote of at least 12 members of the commission.

(b) 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 plan
and annual or semiannual progress reports in the form determined by the Legislative-Citizen
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 plan. Modifications to the approved work plan and budget
expenditures shall be made through the amendment process established by the commission.
The commission shall ensure that the expenditures and outcomes described in the work plan
for appropriations funded by the environment and natural resources trust fund are met.

(c) The peer review procedures created under section 116P.08 must also be used to
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.

(d) The commission may adopt operating procedures to fulfill its duties under this chapter.

(e) As part of the operating procedures, the commission shall:

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

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

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

(4) provide for project outcome evaluation;

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

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

Sec. 4.

Minnesota Statutes 2020, section 116P.09, subdivision 6, is amended to read:


Subd. 6.

Conflict of interest.

new text begin(a) new text endA commission member, a technical advisory committee
member, a peer reviewer, or an employee of the commission may not participate in or vote
on a decision of the commission, advisory committee, or peer review relating to an
organization in which the member, peer reviewer, or employee has either a direct or indirect
personal financial interest. While serving on the commission or technical advisory committee
or as a peer reviewer or while an employee of the commission, a person shall avoid any
potential conflict of interest.

new text begin (b) A commission member may not vote on a motion regarding the final recommendations
of the commission required under subdivision 2, paragraph (a), if the motion relates to an
organization in which the member has a direct personal financial interest. If a commission
member is prohibited from voting under this paragraph, the number of affirmative votes
required under subdivision 2, paragraph (a), is reduced by the number of members ineligible
to vote under this paragraph.
new text end

Sec. 5.

Minnesota Statutes 2020, section 116P.11, is amended to read:


116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.

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

deleted text begin (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.
deleted text end

Sec. 6.

new text begin [116P.21] CAPITAL PROJECT PROPOSAL REQUIREMENTS.
new text end

new text begin Proposals requesting money from the trust fund for a capital project with a construction
cost of $750,000 or more must include the following information:
new text end

new text begin (1) the name of the entity that will own the capital for which the money is being requested;
new text end

new text begin (2) for nonstate projects, the extent to which the entity has or expects to provide local,
private, user financing, or other nonstate funding for the project and whether the project
will require new or additional state funding;
new text end

new text begin (3) for nonstate projects, documentation showing that the entity requesting the project
and, if applicable, its fiscal agent, have passed a resolution in support of the project; and
new text end

new text begin (4) if the project requires a predesign under section 16B.335, whether the predesign has
been completed and submitted to the commissioner of administration for review and approval.
new text end

Sec. 7. new text beginINITIAL CITIZEN APPOINTMENTS AND FIRST MEETING.
new text end

new text begin (a) Initial citizen appointments to the Legislative-Citizen Commission on Minnesota
Resources as amended in this act must be made by February 1, 2025. The first meeting of
the revised Legislative-Citizen Commission on Minnesota Resources must be convened by
the chair or a designee of the Legislative Coordinating Commission by June 15, 2025. The
Legislative-Citizen Commission on Minnesota Resources must select co-chairs from its
membership at its first meeting.
new text end

new text begin (b) Citizen members of the Legislative-Citizen Commission on Minnesota Resources
must initially be appointed according to the following schedule of terms:
new text end

new text begin (1) four citizen members appointed by the governor for a term ending the first Monday
in January 2027; and
new text end

new text begin (2) five citizen members appointed by the governor, including the member from a
federally recognized Tribe, for a term ending the first Monday in January 2029.
new text end

new text begin (c) Notwithstanding the law in effect at the time of their appointment, the terms of all
incumbent citizen members appointed before the effective date of this act are terminated
effective January 1, 2025. An incumbent citizen member whose appointment is terminated
by this paragraph may apply for reappointment as provided in this act.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective January 1, 2025.
new text end