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HF 5328

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/12/2024 12:12am

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

Bill Text Versions

Engrossments
Introduction Posted on 04/08/2024

Current Version - as introduced

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A bill for an act
relating to state government; establishing a state building renewable energy, storage,
and electric vehicle account; modifying grant management agreement provision;
modifying a 2023 appropriation provision; changing a provision for motor vehicle
lease sales tax revenue; amending Minnesota Statutes 2022, sections 16B.97,
subdivision 1; 16B.98, subdivision 1; 297A.815, subdivision 3; Laws 2023, chapter
62, article 1, section 11, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 16B.

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

ARTICLE 1

DEPARTMENT OF ADMINISTRATION

Section 1.

new text begin [16B.851] STATE BUILDING RENEWABLE ENERGY; STORAGE;
ELECTRIC VEHICLE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Energy storage" means the predesign, design, acquisition, construction, or installation
of technology which stores and delivers electric or thermal energy.
new text end

new text begin (c) "EVSE" means electric vehicle service equipment, including charging equipment
and associated infrastructure and site upgrades.
new text end

new text begin (d) "Renewable energy" has the meaning given in section 216B.2422, subdivision 1,
paragraph (c), and the same sources in thermal energy.
new text end

new text begin (e) "Renewable energy improvement" means the predesign, design, acquisition,
construction, or installation of a renewable energy production system or energy storage
equipment or system, and associated infrastructure and facilities that are designed to result
in a demand-side net reduction in energy use by the state building's electrical, heating,
ventilating, air-conditioning, and hot water systems.
new text end

new text begin (f) "State agency" has the definition given in section 13.02, subdivision 17, or designated
definition given in section 15.01 and includes the Office of Higher Education, Housing
Finance Agency, Pollution Control Agency, Metropolitan Council, and Bureau of Mediation
Services. State agency includes the agencies, boards, commissions, committees, councils,
and authorities designated in section 15.012.
new text end

new text begin (g) "State building" means a building or facility owned by the state of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Account established. new text end

new text begin A state building renewable energy, storage, and electric
vehicle account is established in the special revenue fund to provide funds to state agencies
to:
new text end

new text begin (1) design, construct, and equip renewable energy improvement and renewable energy
storage projects at state buildings;
new text end

new text begin (2) purchase state fleet electric vehicles in accordance with section 16C.135;
new text end

new text begin (3) purchase and install EVSE and related infrastructure; and
new text end

new text begin (4) carry out management projects by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Account management. new text end

new text begin The commissioner shall manage and administer the
state building renewable energy, storage, and electric vehicle account.
new text end

new text begin Subd. 4. new text end

new text begin Accepting funds. new text end

new text begin (a) The commissioner shall make an application to the federal
government on behalf of the state of Minnesota for all state projects eligible for elective
payments under sections 6417 and 6418 of the Internal Revenue Code, as added by Public
Law 117-169, 136 Statute 1818, the Inflation Reduction Act of 2022.
new text end

new text begin (b) The commissioner may apply for, receive, and expend money made available from
federal, state, or other sources for the purposes of carrying out the duties in this section.
new text end

new text begin (c) Notwithstanding section 16A.72, all funds received under this subdivision are
deposited into the state building renewable energy, storage, and electric vehicle account
and appropriated to the commissioner for the purposes of subdivision 2 and as permitted
under this section.
new text end

new text begin (d) Money in the state building renewable energy, storage, and electric vehicle account
does not cancel and is available until expended.
new text end

new text begin Subd. 5. new text end

new text begin Applications. new text end

new text begin A state agency applying for state building renewable energy,
storage, EVSE, and electric fleet vehicle funds must submit an application to the
commissioner on a form, in the manner, and at the time prescribed by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Treatment of certain payments received from federal government. new text end

new text begin (a)
Federal payments received for eligible renewable energy improvement and storage projects
and EVSE projects made with appropriations from general obligation bonds may be
transferred to the state bond fund if consistent with federal treasury regulations.
new text end

new text begin (b) Federal payments received for eligible electric fleet vehicle purchases by the
Department of Administration's fleet division must be transferred to the motor pool revolving
account established in section 16B.54, subdivision 8.
new text end

new text begin (c) Federal payments received for eligible electric fleet vehicle purchases made directly
by a state agency shall be transferred to the fund from which the purchase was made.
new text end

new text begin (d) When obligated to fulfill financing agreements, federal payments received for eligible
renewable energy improvements shall be transferred to the appropriate agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 16B.97, subdivision 1, is amended to read:


Subdivision 1.

Grant agreement.

(a) A grant agreement is a written instrument or
electronic document defining a legal relationship between a granting agency and a grantee
when the principal purpose of the relationship is to transfer cash or something of value to
the recipient to support a public purpose authorized by law instead of acquiring by
professional or technical contract, purchase, lease, or barter property or services for the
direct benefit or use of the granting agency.

(b) This section does not apply to general obligation grants as defined by section 16A.695
deleted text begin anddeleted text end new text begin ,new text end capital project grants to political subdivisions as defined by section 16A.86new text begin , or capital
project grants otherwise subject to section 16A.642
new text end .

Sec. 3.

Minnesota Statutes 2022, section 16B.98, subdivision 1, is amended to read:


Subdivision 1.

Limitation.

(a) As a condition of receiving a grant from an appropriation
of state funds, the recipient of the grant must agree to minimize administrative costs. The
granting agency is responsible for negotiating appropriate limits to these costs so that the
state derives the optimum benefit for grant funding.

(b) This section does not apply to general obligation grants as defined by section 16A.695
deleted text begin and alsodeleted text end new text begin ,new text end capital project grants to political subdivisions as defined by section 16A.86new text begin , or
capital project grants otherwise subject to section 16A.642
new text end .

Sec. 4.

Laws 2023, chapter 62, article 1, section 11, subdivision 2, is amended to read:


Subd. 2.

Government and Citizen Services

39,928,000
19,943,000

The base for this appropriation is $17,268,000
in fiscal year 2026 and $17,280,000 in fiscal
year 2027.

Council on Developmental Disabilities.
$222,000 each year is for the Council on
Developmental Disabilities.

State Agency Accommodation
Reimbursement.
$200,000 each year may be
transferred to the accommodation account
established in Minnesota Statutes, section
16B.4805.

Disparity Study. $500,000 the first year and
$1,000,000 the second year are to conduct a
study on disparities in state procurement. This
is a onetime appropriation.

Grants Administration Oversight.
$2,411,000 the first year and $1,782,000 the
second year are for grants administration
oversight. The base for this appropriation in
fiscal year 2026 and each year thereafter is
$1,581,000.

new text begin Of this amount, new text end $735,000 the first year and
$201,000 the second year are for a study to
develop a road map on the need for an
enterprise grants management system and to
implement the study's recommendation. This
is a onetime appropriation.

Risk Management Fund Property
Self-Insurance.
$12,500,000 the first year is
for transfer to the risk management fund under
Minnesota Statutes, section 16B.85. This is a
onetime appropriation.

Office of Enterprise Translations.
$1,306,000 the first year and $1,159,000 the
second year are to establish the Office of
Enterprise Translations. $250,000 each year
may be transferred to the language access
service account established in Minnesota
Statutes, section 16B.373.

Capitol Mall Design Framework
Implementation.
$5,000,000 the first year is
to implement the updated Capitol Mall Design
Framework, prioritizing the framework plans
identified in article 2, section 124. This
appropriation is available until December 31,
2024.

Parking Fund. $3,255,000 the first year and
$1,085,000 the second year are for a transfer
to the state parking account to maintain the
operations of the parking and transit program
on the Capitol complex. These are onetime
transfers.

Procurement; Environmental Analysis and
Task Force.
$522,000 the first year and
$367,000 the second year are to implement
the provisions of Minnesota Statutes, section
16B.312.

Center for Rural Policy and Development.
$100,000 the first year is for a grant to the
Center for Rural Policy and Development.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

ARTICLE 2

MOTOR VEHICLE LEASE SALES TAX

Section 1.

Minnesota Statutes 2022, section 297A.815, subdivision 3, is amended to read:


Subd. 3.

Motor vehicle lease sales tax revenue.

(a) On or before June 30 of each fiscal
year, the commissioner of revenue must estimate the revenues, including interest and
penalties and minus refunds, collected under this section for the current fiscal year.

(b) By July 15 of the subsequent fiscal year, the commissioner of management and
budget must transfer the revenues estimated under paragraph (a) from the general fund as
follows:

(1) 38 percent to the county state-aid highway fund;

(2) 38 percent to the greater Minnesota transit account;

(3) 13 percent to the deleted text begin Minnesota state transportationdeleted text end new text begin special revenuenew text end fund; and

(4) 11 percent to the highway user tax distribution fund.

(c) Notwithstanding any other law to the contrary, the commissioner of transportation
must allocate the funds transferred under paragraph (b), clause (1), to the counties in the
metropolitan area, as defined in section 473.121, subdivision 4, excluding the counties of
Hennepin and Ramsey, so that each county receives the percentage that its population, as
defined in section 477A.011, subdivision 3, estimated or established by July 15 of the year
prior to the current calendar year, bears to the total population of the counties receiving
funds under this paragraph.

(d) The amount transferred under paragraph (b), clause (3), must be used for the local
bridge program under section 174.50, subdivisions 6 to 7.

(e) The revenues under this subdivision do not include the revenues, including interest
and penalties and minus refunds, generated by the sales tax imposed under section 297A.62,
subdivision 1a
, which must be deposited as provided under the Minnesota Constitution,
article XI, section 15.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end