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SF 1012

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

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

Current Version - 3rd Engrossment

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A bill for an act
relating to state government; appropriating money for environment and natural
resources; modifying duties of Legislative-Citizen Commission on Minnesota
Resources; amending Minnesota Statutes 2008, sections 116P.05, subdivision 2;
116P.08, subdivision 4; 116P.10.

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

Section 1. new text beginMINNESOTA RESOURCES APPROPRIATION.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the
environment and natural resources trust fund, or another named fund, and are available for
the fiscal years indicated for each purpose. The figures "2010" and "2011" used in this act
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2010, or June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second
year" is fiscal year 2011. "The biennium" is fiscal years 2010 and 2011.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginMINNESOTA RESOURCES.
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 26,088,000
new text end
new text begin $
new text end
new text begin -0-
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin Environment and
Natural Resources
Trust
new text end
new text begin 25,622,000
new text end
new text begin -0-
new text end
new text begin Great Lakes
Protection Account
new text end
new text begin 66,000
new text end
new text begin -0-
new text end
new text begin State Land and
Water Conservation
Account
(LAWCON)
new text end
new text begin 400,000
new text end
new text begin -0-
new text end

new text begin Appropriations are available for two
years beginning July 1, 2009, unless
otherwise stated in the appropriation. Any
unencumbered balance remaining in the first
year does not cancel and is available for the
second year.
new text end

new text begin Subd. 2. new text end

new text begin Definitions
new text end

new text begin (a) "Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.
new text end

new text begin (b) "Great Lakes protection account" means
the account referred to in Minnesota Statutes,
section 116Q.02.
new text end

new text begin (c) "State land and water conservation
account (LAWCON)" means the state land
and water conservation account in the natural
resources fund referred to in Minnesota
Statutes, section 116P.14.
new text end

new text begin Subd. 3. new text end

new text begin Natural Resource Data and
Information
new text end

new text begin 5,995,000
new text end
new text begin -0-
new text end
new text begin (a) Minnesota County Biological Survey
new text end

new text begin $2,100,000 is from the trust fund to the
commissioner of natural resources for
continuation of the Minnesota county
biological survey to provide a foundation
for conserving biological diversity by
systematically collecting, interpreting,
and delivering data on plant and animal
distribution and ecology, native plant
communities, and functional landscapes.
new text end

new text begin (b) County Geological Atlas and South-Central
Minnesota Groundwater
new text end

new text begin $2,695,000 is from the trust fund for
collection and interpretation of subsurface
geological information and acceleration of
the county geologic atlas program. $820,000
of this appropriation is to the Board of
Regents of the University of Minnesota for
the geological survey to continue and to
initiate the production of county geologic
atlases. $1,875,000 of this appropriation is
to the commissioner of natural resources
to investigate the physical and recharge
characteristics of the Mt. Simon aquifer.
This appropriation represents a continuing
effort to complete the county geologic atlases
throughout the state. This appropriation
is available until June 30, 2012, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (c) Soil Survey
new text end

new text begin $400,000 is from the trust fund to the Board
of Water and Soil Resources to accelerate the
county soil survey mapping and Web-based
data delivery. This appropriation represents
a continuing effort to complete the mapping.
The soil surveys must be done on a cost-share
basis with local and federal funds.
new text end

new text begin (d) Springshed Mapping for Trout Stream
Management
new text end

new text begin $500,000 is from the trust fund to continue
to identify and delineate supply areas and
springsheds for springs serving as coldwater
sources for trout streams and to assess
the impacts from development and water
appropriations. Of this appropriation,
$250,000 is to the Board of Regents of the
University of Minnesota and $250,000 is to
the commissioner of natural resources.
new text end

new text begin (e) Restorable Wetlands Inventory
new text end

new text begin $300,000 is from the trust fund to the
commissioner of natural resources for an
agreement with Ducks Unlimited, Inc.,
to complete the inventory, mapping, and
digitizing of drained restorable wetlands in
Minnesota. This appropriation is available
until June 30, 2012, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.
new text end

new text begin Subd. 4. new text end

new text begin Land, Habitat, and Recreation
new text end

new text begin 13,227,000
new text end
new text begin -0-
new text end
new text begin Appropriations by Fund
new text end
new text begin Environment and
Natural Resources
Trust
new text end
new text begin 12,827,000
new text end
new text begin -0-
new text end
new text begin State Land and
Water Conservation
Account
(LAWCON)
new text end
new text begin 400,000
new text end
new text begin -0-
new text end
new text begin (a) State Parks Acquisition
new text end

new text begin $590,000 is from the trust fund to the
commissioner of natural resources to acquire
in-holdings for state parks. Land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by the
commissioner of natural resources. A list of
proposed acquisitions must be provided as
part of the required work program.
new text end

new text begin (b) State Trail Acquisition
new text end

new text begin $1,000,000 is from the trust fund to the
commissioner of natural resources to assist
in the acquisition of the Brown's Creek
Segment of the Willard Munger Trail in
Washington County and Paul Bunyan State
Trail in the city of Bemidji.
new text end

new text begin (c) Metropolitan Regional Park System
Acquisition
new text end

new text begin $1,290,000 is from the trust fund to the
Metropolitan Council for subgrants for the
acquisition of lands within the approved park
unit boundaries of the metropolitan regional
park system. This appropriation may not
be used for the purchase of residential
structures. A list of proposed fee title and
easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement. This appropriation must be
matched by at least 40 percent of nonstate
money and must be committed by December
31, 2009, or the appropriation cancels. This
appropriation is available until June 30, 2012,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.
new text end

new text begin (d) Statewide Scientific and Natural Area
Acquisition and Restoration
new text end

new text begin $590,000 is from the trust fund to the
commissioner of natural resources to acquire
high quality native plant communities and
rare features and restore parts of scientific
and natural areas as provided in Minnesota
Statutes, section 86A.05, subdivision 5. A list
of proposed acquisitions must be provided as
part of the required work program.
new text end

new text begin (e) Minnesota's Habitat Conservation Partnership
(HCP) ? Phase VI
new text end

new text begin $3,375,000 is from the trust fund to the
commissioner of natural resources for the
sixth appropriation for acceleration of agency
programs and cooperative agreements.
Of this appropriation, $770,000 is for the
Department of Natural Resources agency
programs and $2,605,000 is for agreements
as follows: $450,000 with Pheasants
Forever; $50,000 with Minnesota Deer
Hunters Association; $895,000 with Ducks
Unlimited, Inc.; $85,000 with National Wild
Turkey Federation; $365,000 with the Nature
Conservancy; $210,000 with Minnesota Land
Trust; $350,000 with the Trust for Public
Land; $100,000 with Minnesota Valley
National Wildlife Refuge Trust, Inc.; $50,000
with the United States Fish and Wildlife
Service; and $50,000 with Friends of Detroit
Lakes Watershed Management District
to plan, restore, and acquire fragmented
landscape corridors that connect areas of
quality habitat to sustain fish, wildlife, and
plants. The United States Department of
Agriculture-Natural Resources Conservation
Service is a cooperating partner in the
appropriation. Expenditures are limited to
the project corridor areas as defined in the
work program. Land acquired with this
appropriation must be sufficiently improved
to meet at least minimum habitat and facility
management standards as determined by
the commissioner of natural resources.
This appropriation may not be used for the
purchase of residential structures, unless
expressly approved in the work program. All
conservation easements must be perpetual
and have a natural resource management
plan. Any land acquired in fee title by the
commissioner of natural resources with
money from this appropriation must be
designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement. To the maximum extent practical,
consistent with contractual easement or
fee acquisition obligations, the recipients
shall utilize staff resources to identify
future projects and shall maximize the
implementation of biodiverse, quality
restoration projects in the project proposal
into the first half of the 2010 fiscal year.
new text end

new text begin (f) Metro Conservation Corridors (MeCC) - Phase
V
new text end

new text begin $3,375,000 is from the trust fund to the
commissioner of natural resources for the
fifth appropriation for acceleration of agency
programs and cooperative agreements.
Of this appropriation, $2,185,000 is for
Department of Natural Resources agency
programs and $1,190,000 is for agreements
as follows: $380,000 with the Trust for
Public Land; $90,000 with Friends of the
Mississippi River; $155,000 with Great
River Greening; $250,000 with Minnesota
Land Trust; $225,000 with Minnesota Valley
National Wildlife Refuge Trust, Inc.; and
$90,000 with Friends of the Minnesota
Valley for the purposes of planning,
restoring, and protecting important natural
areas in the metropolitan area, as defined
under Minnesota Statutes, section 473.121,
subdivision 2, and portions of the surrounding
counties, through grants, contracted services,
technical assistance, conservation easements,
and fee title acquisition. Land acquired
with this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
Expenditures are limited to the identified
project corridor areas as defined in the work
program. This appropriation may not be used
for the purchase of residential structures,
unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must
be designated as an outdoor recreation unit
under Minnesota Statutes, section 86A.07.
The commissioner may similarly designate
any lands acquired in less than fee title. A
list of proposed restorations and fee title
and easement acquisitions must be provided
as part of the required work program. All
funding for conservation easements must
include a long-term stewardship plan and
funding for monitoring and enforcing the
agreement. To the maximum extent practical,
consistent with contractual easement or
fee acquisition obligations, the recipients
shall utilize staff resources to identify
future projects and shall maximize the
implementation of biodiverse, quality
restoration projects in the project proposal
into the first half of the 2010 fiscal year.
new text end

new text begin (g) Statewide Ecological Ranking of Conservation
Reserve Program (CRP) and Other Critical Lands
new text end

new text begin $107,000 is from the trust fund to the Board
of Water and Soil Resources to continue the
efforts funded by the emerging issues account
allocation to identify and rank the ecological
value of conservation reserve program (CRP)
and other critical lands throughout Minnesota
using a multiple parameter approach
including soil productivity, landscape, water,
and wildlife factors.
new text end

new text begin (h) Protection of Granite Rock Outcrop Ecosystem
new text end

new text begin $1,500,000 is from the trust fund to the
Board of Water and Soil Resources, in
cooperation with the Renville Soil and Water
Conservation District, to acquire perpetual
easements of unique granite rock outcrops
located in the Upper Minnesota River Valley
and to restore their ecological integrity.
new text end

new text begin (i) Minnesota Farm Bill Assistance Project
new text end

new text begin $1,000,000 is from the trust fund to the Board
of Water and Soil Resources to provide
funding for technical staff to assist in the
implementation provisions of conservation
programs including the federal farm bill
conservation programs. Documentation must
be provided on the number of landowner
contacts, program participation, federal
dollars leveraged, quantifiable criteria, and
measurement of the improvements to water
quality and habitat.
new text end

new text begin (j) Land and Water Conservation Account
(LAWCON) Federal Reimbursements
new text end

new text begin $400,000 is from the state land and water
conservation account (LAWCON) in the
natural resources fund to the commissioner of
natural resources for priorities established by
the commissioner for eligible state projects
and administrative and planning activities
consistent with Minnesota Statutes, section
116P.14, and the federal Land and Water
Conservation Fund Act.
new text end

new text begin Subd. 5. new text end

new text begin Water Resources
new text end

new text begin 2,063,000
new text end
new text begin -0-
new text end
new text begin (a) Removal of Endocrine Disruptors; Treatment
and Education
new text end

new text begin $275,000 is from the trust fund to the Board
of Regents at the University of Minnesota
to continue research on the removal of
endocrine disruptors from Minnesota's
waters through strategies of enhancing
treatment at wastewater treatment plants and
decreasing the use of the compounds. This
appropriation is available until June 30, 2012,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.
new text end

new text begin (b) Vulnerability of Fish Populations in Lakes to
Endocrine Disrupting Contaminants
new text end

new text begin $297,000 is from the trust fund to the
commissioner of natural resources for an
agreement with the United States Geologic
Survey and St. Cloud State University to
develop quantitative data on juvenile and
adult fish vulnerability to endocrine-active
emerging contaminants found in Minnesota
lakes. This appropriation is available until
June 30, 2012, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.
new text end

new text begin (c) Cooperative Habitat Research in Deep Lakes
new text end

new text begin $825,000 is from the trust fund to the
commissioner of natural resources to assess
the consequences of large ecological drivers
of change on water quality and habitat
dynamics of deep water lakes with coldwater
fish populations. This appropriation is
available until June 30, 2012, at which time
the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.
new text end

new text begin (d) Intensified Tile Drainage Evaluation
new text end

new text begin $300,000 is from the trust fund to the
Science Museum of Minnesota for the St.
Croix watershed research station to conduct
a comparative assessment of hydrologic
changes in watersheds with and without
intensive tile drainage to determine the
effects of climate and tile drainage on river
erosion. This appropriation is available until
June 30, 2012, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.
new text end

new text begin (e) Citizen-Based Stormwater Management
new text end

new text begin $279,000 is from the trust fund to the
commissioner of natural resources for
an agreement with Metro Blooms, in
cooperation with Minnehaha Creek
Watershed District and the city of
Minneapolis, to install and evaluate the
effectiveness of rain gardens on improving
the impaired water of Powderhorn Lake in
Minneapolis. This appropriation is available
until June 30, 2012, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.
new text end

new text begin (f) Minnesota Drainage Law Analysis and
Evaluation
new text end

new text begin $87,000 is from the trust fund to the
commissioner of natural resources for an
agreement with Smith Partners PLLP to
identify and analyze legal and policy issues
where the drainage code conflicts with other
laws impacting protection of public waters
and wetlands.
new text end

new text begin Subd. 6. new text end

new text begin Aquatic and Terrestrial Invasive
Species
new text end

new text begin 1,068,000
new text end
new text begin -0-
new text end
new text begin Appropriations by Fund
new text end
new text begin Environment and
Natural Resources
Trust
new text end
new text begin 1,002,000
new text end
new text begin -0-
new text end
new text begin Great Lakes
Protection Account
new text end
new text begin 66,000
new text end
new text begin -0-
new text end
new text begin (a) Ballast Water Sampling Method Development
and Treatment Technology
new text end

new text begin $300,000 is from the trust fund and $66,000
is from the Great Lakes protection account to
the commissioner of the Pollution Control
Agency in cooperation with the Department
of Natural Resources to conduct monitoring
for aquatic invasive species in ballast water
discharges to Minnesota waters of Lake
Superior and to test the effectiveness of
ballast water treatment systems.
new text end

new text begin (b) Emergency Delivery System Development for
Disinfecting Ballast Water
new text end

new text begin $125,000 is from the trust fund to the
commissioner of the Pollution Control
Agency for an agreement with the United
States Geologic Survey to test the viability
of treating ballast water through tank access
ports or air vents as a means to prevent the
spread of invasive species.
new text end

new text begin (c) Improving Emerging Fish Disease Surveillance
in Minnesota
new text end

new text begin $80,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to assess mechanisms and control of the
transmission of Heterosporosis, an emerging
fish disease in Minnesota, to assist in future
management decisions and research.
new text end

new text begin (d) Controlling the Movement of Invasive Fish
Species
new text end

new text begin $300,000 is from the trust fund to the Board
of Regents of the University of Minnesota to
develop and test sonic barriers that could be
effective in preventing and controlling the
movement of invasive carp in Minnesota's
waterways. This appropriation is available
until June 30, 2012, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.
new text end

new text begin (e) Prevention and Early Detection of Invasive
Earthworms
new text end

new text begin $150,000 is from the trust fund to the Board
of Regents of the University of Minnesota
Natural Resources Research Institute for a
risk assessment of the methods of spreading,
testing of management recommendations,
and identification of key areas for action in
the state to reduce the impacts of invasive
earthworms on hardwood forest productivity.
This appropriation is available until June
30, 2012, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.
new text end

new text begin (f) Native Plant Biodiversity, Invasive Plant
Species, and Invertebrates
new text end

new text begin $47,000 is from the trust fund to the
commissioner of natural resources for
an agreement with Concordia College to
survey plant, pollinator, and invertebrate
biodiversity in native and restored prairies to
assess impacts on invasive species and food
sources for grassland birds and ecosystem
services.
new text end

new text begin Subd. 7. new text end

new text begin Energy
new text end

new text begin 2,323,000
new text end
new text begin -0-
new text end
new text begin (a) Options to Decarbonize Minnesota's Electrical
Power System
new text end

new text begin $143,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to analyze the Minnesota Climate Change
Advisory Group's greenhouse gas reduction
recommendations related to electrical
power from a life-cycle analysis and a
socio-political perspective.
new text end

new text begin (b) Projecting Environmental Trajectories for
Energy-Water-Habitat Planning
new text end

new text begin $180,000 is from the trust fund to the Board
of Regents of the University of Minnesota
to combine detailed climatic records of
Minnesota with present and past ecosystem
boundaries to forecast future fine-scale flow
of climate across the state impacting human
activities and natural resources.
new text end

new text begin (c) Energy Efficient Cities
new text end

new text begin $2,000,000 is from the trust fund to the
commissioner of commerce for an agreement
with the Center for Energy and Environment
for demonstration of innovative residential
energy efficiency delivery and financing
strategies, training, installation, evaluation,
and recommendations for a utility residential
energy conservation program.
new text end

new text begin Subd. 8. new text end

new text begin Administration and Other
new text end

new text begin 1,412,000
new text end
new text begin -0-
new text end
new text begin (a) Contract Management
new text end

new text begin $158,000 is from the trust fund to the
commissioner of natural resources for
contract management for duties assigned
in Laws 2007, chapter 30, section 2, and
Laws 2008, chapter 367, section 2, and for
additional duties as assigned in this section.
new text end

new text begin (b) Legislative-Citizen Commission on Minnesota
Resources (LCCMR)
new text end

new text begin $1,254,000 is from the trust fund for fiscal
years 2010 and 2011 and is for administration
as provided in Minnesota Statutes, section
116P.09, subdivision 5.
new text end

new text begin Subd. 9. new text end

new text begin Availability of Appropriations
new text end

new text begin Unless otherwise provided, the amounts in
this section are available until June 30, 2011,
when projects must be completed and final
products delivered. For acquisition of real
property, the amounts in this section are
available until June 30, 2012, if a binding
contract is entered into by June 30, 2011,
and closed not later than June 30, 2012. If
a project receives a federal grant, the time
period of the appropriation is extended to
equal the federal grant period.
new text end

new text begin Subd. 10. new text end

new text begin Data Availability Requirements
new text end

new text begin Data collected by the projects funded under
this section that have value for planning and
management of natural resources, emergency
preparedness, and infrastructure investments
must conform to the enterprise information
architecture developed by the Office of
Enterprise Technology. Spatial data must
conform to geographic information system
guidelines and standards outlined in that
architecture and adopted by the Minnesota
Geographic Data Clearinghouse at the
Land Management Information Center. A
description of these data that adheres to the
Office of Enterprise Technology geographic
metadata standards must be submitted to
the Land Management Information Center
to be made available online through the
clearinghouse and the data must be accessible
and free to the public unless made private
under the Data Practices Act, Minnesota
Statutes, chapter 13.
new text end

new text begin To the extent practicable, summary data and
results of projects funded under this section
should be readily accessible on the Internet
and identified as an environment and natural
resources trust fund project.
new text end

new text begin Subd. 11. new text end

new text begin Project Requirements
new text end

new text begin (a) As a condition of accepting an
appropriation in this section, any agency or
entity receiving an appropriation must, for
any project funded in whole or in part with
funds from the appropriation:
new text end

new text begin (1) comply with Minnesota Statutes, chapter
116P;
new text end

new text begin (2) plant vegetation only of native ecotypes
to Minnesota and preferably of the local
ecotype using a high diversity of species
originating as close to the restoration site as
possible and when restoring prairies, protect
existing prairies from genetic contamination.
new text end

new text begin Use of seeds and plant materials beyond these
requirements must be expressly approved in
the work program;
new text end

new text begin (3) provide that all conservation easements:
new text end

new text begin (i) are perpetual;
new text end

new text begin (ii) specify the parties to an easement in the
easement;
new text end

new text begin (iii) specify all of the provisions of an
agreement that are perpetual;
new text end

new text begin (iv) are sent to the office of the
Legislative-Citizen Commission on
Minnesota Resources in an electronic format;
and
new text end

new text begin (v) include a long-term stewardship plan and
funding for monitoring and enforcing the
easement agreement;
new text end

new text begin (4) for all restorations, prepare an ecological
restoration and management plan that, to
the degree practicable, is consistent with the
highest quality conservation and ecological
goals for the restoration site. Consideration
should be given to soil, geology, topography,
and other relevant factors that would provide
the best chance for long-term success of the
restoration projects. The plan shall include
the proposed time table for implementing
the restoration, including site preparation,
establishment of diverse plant species,
maintenance, and additional enhancement to
establish the restoration; identify long-term
maintenance and management needs of
the restoration and how the maintenance,
management, and enhancement will be
financed; and take advantage of the best
available science and include innovative
techniques to achieve the best restoration;
new text end

new text begin (5) for new lands acquired, prepare a
restoration and management plan in
compliance with clause (4), including
sufficient funding for implementation;
new text end

new text begin (6) give priority in any acquisition of land
or interest in land to high quality natural
resources or conservation lands that provide
natural buffers to water resources;
new text end

new text begin (7) to ensure public accountability for
the use of public funds, provide to the
Legislative-Citizen Commission on
Minnesota Resources documentation of the
selection process used to identify parcels
acquired and provide documentation of all
related transaction costs, including but not
limited to appraisals, legal fees, recording
fees, commissions, other similar costs,
and donations. This information must be
provided for all parties involved in the
transaction. The recipient shall also report
to the Legislative-Citizen Commission on
Minnesota Resources any difference between
the acquisition amount paid to the seller
and the state-certified or state-reviewed
appraisal. Acquisition data such as appraisals
may remain private during negotiations but
must ultimately be made public according to
Minnesota Statutes, chapter 13; and
new text end

new text begin (8) give consideration to contracting with the
Minnesota Conservation Corps for contract
restoration and enhancement services.
new text end

new text begin (b) The Legislative-Citizen Commission
on Minnesota Resources shall review the
requirement in paragraph (a), clause (7),
and provide a recommendation whether
to continue or modify the requirement in
future years. The commission may waive the
application of paragraph (a), clause (7), for
specific projects.
new text end

new text begin Subd. 12. new text end

new text begin Payment Conditions and Capital
Equipment Expenditures
new text end

new text begin All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1,
2009, or the date the work program is
approved, whichever is later, are eligible for
reimbursement unless otherwise provided
in this section. Periodic payment must
be made upon receiving documentation
that the deliverable items articulated in
the approved work program have been
achieved, including partial achievements
as evidenced by approved progress reports.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs or
match federal money. The advances must
be approved as part of the work program.
No expenditures for capital equipment are
allowed unless expressly authorized in the
project work program.
new text end

new text begin Subd. 13. new text end

new text begin Purchase of Recycled and Recyclable
Materials
new text end

new text begin A political subdivision, public or private
corporation, or other entity that receives an
appropriation in this section must use the
appropriation in compliance with Minnesota
Statutes, sections 16B.121, regarding
purchase of recycled, repairable, and durable
materials, and 16B.122, regarding purchase
and use of paper stock and printing.
new text end

new text begin Subd. 14. new text end

new text begin Energy Conservation and
Sustainable Building Guidelines
new text end

new text begin A recipient to whom an appropriation is made
in this section for a capital improvement
project shall ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted thereunder.
The recipient may use the energy planning,
advocacy, and State Energy Office units
of the Department of Commerce to obtain
information and technical assistance on
energy conservation and alternative energy
development relating to the planning and
construction of the capital improvement
project.
new text end

new text begin Subd. 15. new text end

new text begin Accessibility
new text end

new text begin Structural and nonstructural facilities must
meet the design standards in the Americans
with Disabilities Act (ADA) accessibility
guidelines.
new text end

new text begin Subd. 16. new text end

new text begin Carryforward
new text end

new text begin The availability of the appropriations for the
following projects is extended to June 30,
2010:
new text end

new text begin (1) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
9, paragraph (a), completing third-party
certification of Department of Natural
Resources forest lands, as extended by Laws
2007, chapter 30, section 2, subdivision 16;
new text end

new text begin (2) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 10,
paragraph (a), clean energy resource teams
and community wind energy rebate, as
amended by Laws 2006, chapter 243, section
15;
new text end

new text begin (3) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
10, paragraph (e), wind to hydrogen
demonstration, as extended by Laws 2007,
chapter 30, section 2, subdivision 16;
new text end

new text begin (4) Laws 2007, chapter 30, section 2,
subdivision 4, paragraph (a), forest legacy
conservation easements; and
new text end

new text begin (5) Laws 2007, chapter 30, section 2,
subdivision 5, paragraph (m), threat of
emerging contaminants to Upper Mississippi
walleye.
new text end

Sec. 3.

Minnesota Statutes 2008, section 116P.05, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The commission shall recommend an annual new text beginor biennial
new text endlegislative bill for appropriations from the environment and natural resources trust fund and
shall adopt a strategic plan as provided in section 116P.08. Approval of the recommended
legislative bill requires an affirmative vote of at least 12 members of the commission.

(b) The commission shall recommend expenditures to the legislature from the state
land and water conservation account in the natural resources fund.

(c) 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 program and 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 program.

(d) The peer review panel created under section 116P.08 must also 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.

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

(f) 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 2008, section 116P.08, subdivision 4, is amended to read:


Subd. 4.

Legislative recommendations.

(a) Funding may be provided only for
those projects that meet the categories established in subdivision 1.

(b) The commission must recommend an annual new text beginor biennial new text endlegislative bill to
make appropriations from the trust fund for the purposes provided in subdivision 1. The
recommendations must be submitted to the governor for inclusion in the biennial budget
and supplemental budget submitted to the legislature.

(c) The commission may recommend regional block grants for a portion of trust
fund expenditures to partner with existing regional organizations that have strong citizen
involvement, to address unique local needs and capacity, and to leverage all available
funding sources for projects.

(d) The commission may recommend the establishment of an deleted text beginannualdeleted text end emerging
issues account in its deleted text beginannualdeleted text end legislative bill for funding emerging issues, which come up
unexpectedly, but which still adhere to the commission's strategic plan, to be approved by
the governor after initiation and recommendation by the commission.

(e) Money in the trust fund may not be spent except under an appropriation by law.

Sec. 5.

Minnesota Statutes 2008, section 116P.10, is amended to read:


116P.10 ROYALTIES, COPYRIGHTS, PATENTS, AND SALE OF
PRODUCTS AND ASSETS.

(a) This section applies to projects supported by the trust fund and the oil overcharge
money referred to in section 4.071, subdivision 2, each of which is referred to in this
section as a "fund."

(b) The fund owns and shall take title to the percentage of a royalty, copyright, or
patent resulting from a project supported by the fund equal to the percentage of the project's
total funding provided by the fund. Cash receipts resulting from a royalty, copyright, or
patent, or the sale of the fund's rights to a royalty, copyright, or patent, must be credited
immediately to the principal of the fund. Receipts from Minnesota future resources fund
projects must be credited to the trust fund. The commission may include in its deleted text beginannualdeleted text end
legislative bill a recommendation to relinquish the ownership or rights to a royalty,
copyright, or patent resulting from a project supported by the fund to the project's proposer
when the amount of the original grant or loan, plus interest, has been repaid to the fund.

(c) If a project supported by the fund results in net income from the sale of products
or assets developed or acquired by an appropriation from the fund, the appropriation
must be repaid to the fund in an amount equal to the percentage of the project's total
funding provided by the fund. The commission may include in its deleted text beginannualdeleted text end legislative bill a
recommendation to relinquish the income if a plan is approved for reinvestment of the
income in the project or when the amount of the original grant or loan, plus interest, has
been repaid to the fund.