Minnesota Legislature
SF 281
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:37am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4
2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23
4.24 4.25 4.26 4.27 4.28
A bill for an act
relating to natural resources; modifying environment and natural resources trust
fund provisions; amending Minnesota Statutes 2010, sections 116P.03; 116P.05,
subdivision 1; 116P.08, subdivisions 1, 2, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 116P.03, is amended to read:
116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING;
APPROPRIATIONS.
(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. deleted text begin The trust fund must be used primarily to support activities whose benefits
become available only over an extended period of time.
deleted text end
(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.
(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 law.
(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; this chapter; 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.
Sec. 2.
Minnesota Statutes 2010, 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 the chairs of
the house of representatives and senate committees on environment and natural resources
finance or designees appointed for the terms of the chairs, deleted text begin fourdeleted text end new text begin threenew text end members of the
senate appointed by the Subcommittee on Committees of the Committee on Rules and
Administration, and deleted text begin fourdeleted text end new text begin threenew text end members of the house of representatives appointed by
the speaker.
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 begin Sevendeleted text end new text begin (b) Ninenew text end citizens are members of the commission, deleted text begin fivedeleted text end new text begin of which two arenew text end
appointed by the governor,deleted 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
housedeleted text end new text begin according to subdivision 1a. Each of the boards of the seven counties comprising
the seven-county metropolitan area, as defined under section 473.121, subdivision 2, shall
appoint one citizen membernew text end . The citizen members deleted text begin are selected and recommended to the
appointing authorities according to subdivision 1a anddeleted text end must:
(1) have experience or expertise in new text begin (i) new text end the science, policy, or practice of the
protection, conservation, preservation, deleted text begin anddeleted text end new text begin ornew text end enhancement of the state's air, water, land,
fish, wildlife, and other natural resourcesnew text begin or (ii) economic development or job training
related to the protection, conservation, preservation, or enhancement of the state's air,
water, land, fish, wildlife, and other natural resourcesnew text end ;
(2) have strong knowledge in the state's environment and natural resource issues
deleted text begin around the statedeleted text end ; and
(3) have demonstrated ability to work in a collaborative environment.
deleted text begin (b)deleted text end new text begin (c)new text end Members shall develop procedures to elect a chair that rotates between
legislative and citizen members. The chair shall preside and convene meetings as often
as necessary to conduct duties prescribed by this chapter.
deleted text begin (c) Appointed legislativedeleted text end new text begin (d)new text end 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. deleted text begin Citizen and legislativedeleted text end Members continue to
serve until their successors are appointed.
deleted text begin (d)deleted text end new text begin (e)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 paragraph (a).
deleted text begin
(e) Citizen members shall be initially appointed according to the following schedule
of terms:
deleted text end
deleted text begin
(1) two members appointed by the governor for a term ending the first Monday in
January 2010;
deleted text end
deleted 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;
deleted text end
deleted text begin
(3) two members appointed by the governor for a term ending the first Monday in
January 2009; and
deleted text end
deleted text begin
(4) one member appointed by the governor for a term ending the first Monday in
January 2008.
deleted text end
(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.
(g) The governor's appointments are subject to the advice and consent of the senate.
Sec. 3.
Minnesota Statutes 2010, section 116P.08, subdivision 1, is amended to read:
Subdivision 1.
Expenditures.
new text begin (a) new text end Money in the trust fund may be spent only for:
(1) the reinvest in Minnesota program as provided in section 84.95, subdivision 2;
(2) research that contributes to increasing the effectiveness of protecting or managing
the state's environment or natural resourcesnew text begin , subject to the limit in paragraph (b)new text end ;
(3) collection and analysis of information that assists in developing the state's
environmental and natural resources policiesnew text begin , subject to the limit in paragraph (b)new text end ;
(4) deleted text begin enhancement ofdeleted text end public educationdeleted text begin , awareness,deleted text end and deleted text begin understandingdeleted text end new text begin workforce
trainingnew text end necessary for the protection, conservation, restoration, and enhancement of air,
land, water, forests, fish, wildlife, and other natural resources;
(5) capital projects for the deleted text begin preservation anddeleted text end protection deleted text begin of unique natural resourcesdeleted text end new text begin ,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources, including renewable energy projectsnew text end ;
(6) activities that preserve or enhance fish, wildlife, land, air, water, and other natural
resources that otherwise may be substantially impaired or destroyed in any area of the state;
(7) administrative and investment expenses incurred by the State Board of
Investment in investing deposits to the trust fund; and
(8) administrative expenses subject to the limits in section 116P.09.
new text begin
(b) No more than eight percent of the amount available for appropriation from the
trust fund for the biennium may be spent on projects under paragraph (a), clauses (2)
and (3), combined.
new text end
Sec. 4.
Minnesota Statutes 2010, section 116P.08, subdivision 2, is amended to read:
Subd. 2.
Exceptions.
Money from the trust fund may not be spent for:
(1) purposes of environmental compensation and liability under chapter 115B and
response actions under chapter 115C;
(2) deleted text begin purposes of municipal water pollution control under the authority of chapters
115 and 116;
deleted text end
deleted text begin (3)deleted text end costs associated with the decommissioning of nuclear power plants;
deleted text begin (4)deleted text end new text begin (3)new text end hazardous waste disposal facilities;
deleted text begin (5)deleted text end new text begin (4)new text end solid waste disposal facilities; or
deleted text begin (6)deleted text end new text begin (5)new text end projects or purposes inconsistent with the strategic plan.
Sec. 5.
Minnesota Statutes 2010, section 116P.08, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Geographical distribution. new text end
new text begin
The geographical distribution of
expenditures made under subdivision 1 must, as nearly as possible, proportionally match
the geographical distribution of revenue to the trust fund from the state-operated lottery.
new text end
Sec. 6.
Minnesota Statutes 2010, section 116P.08, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin State agencies ineligible. new text end
new text begin
No state agency may receive an appropriation
from the trust fund, except to administer grants to or agreements with other recipients of
funding.
new text end