SF 1290

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the legislature; abolishing the 
  1.3             legislative commission on children, youth, and their 
  1.4             families, the legislative water commission, the 
  1.5             legislative commission on the economic status of 
  1.6             women, the legislative commission on child protection, 
  1.7             the legislative commission on health care access, the 
  1.8             legislative commission on long-term health care, the 
  1.9             legislative commission on waste management, and the 
  1.10            legislative tax study commission; transferring 
  1.11            functions of the legislative commission on Minnesota 
  1.12            resources to the office of strategic and long-range 
  1.13            planning; amending Minnesota Statutes 1994, sections 
  1.14            4.071, subdivision 2; 62J.04, subdivision 1a; 62Q.33, 
  1.15            subdivision 5; 84.0274, subdivision 7; 85.019, 
  1.16            subdivision 2; 86.72, subdivisions 2 and 3; 89.022, 
  1.17            subdivision 2; 103A.43; 103B.321, subdivision 1; 
  1.18            115A.07, subdivision 3; 115A.15, subdivision 5; 
  1.19            115A.158, subdivision 2; 115A.165; 115A.193; 115A.22, 
  1.20            subdivision 5; 115A.5501, subdivisions 2 and 4; 
  1.21            115A.551, subdivisions 4 and 5; 115A.557, subdivision 
  1.22            4; 115A.9157, subdivision 6; 115A.96, subdivision 2; 
  1.23            115A.961, subdivision 2; 115A.9651, subdivision 2; 
  1.24            115A.97, subdivisions 5 and 6; 115B.20, subdivisions 
  1.25            2, 5, and 6; 116C.712, subdivision 5; 116J.555, 
  1.26            subdivision 2; 116P.02; 116P.03; 116P.05, subdivision 
  1.27            2, and by adding a subdivision; 116P.06; 116P.07; 
  1.28            116P.08, subdivisions 3, 4, 5, 6, and 7; 116P.09; 
  1.29            116P.10; 116P.11; 116P.12; 116Q.02; 256.9352, 
  1.30            subdivision 3; 256B.431, subdivision 2i; 290.431; 
  1.31            290.432; and 473.846; repealing Minnesota Statutes 
  1.32            1994, sections 3.861; 3.873; 3.885; 3.887; 3.9222; 
  1.33            3.9227; 14.115, subdivision 8; 62J.04, subdivision 4; 
  1.34            62J.07; 62N.24; 103B.351; 115A.03, subdivision 16; 
  1.35            115A.08; 115A.14; 115A.29; 115A.38; 115A.411; 
  1.36            115A.913, subdivision 5; 115A.9157, subdivision 4; 
  1.37            115A.965, subdivision 7; 115A.981, subdivision 3; 
  1.38            115B.22, subdivision 8; 115B.43, subdivision 4; 
  1.39            116P.05, subdivision 1; 216C.051; 256B.504; 473.149, 
  1.40            subdivisions 2c and 6; 473.845, subdivision 4; and 
  1.41            473.848, subdivision 4. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43                             ARTICLE 1
  2.1                        ABOLISHING COMMISSIONS
  2.2      Section 1.  Minnesota Statutes 1994, section 62J.04, 
  2.3   subdivision 1a, is amended to read: 
  2.4      Subd. 1a.  [ADJUSTED GROWTH LIMITS AND ENFORCEMENT.] (a) 
  2.5   The commissioner shall publish the final adjusted growth limit 
  2.6   in the State Register by January 31 of the year that the 
  2.7   expenditure limit is to be in effect.  The adjusted limit must 
  2.8   reflect the actual regional consumer price index for urban 
  2.9   consumers for the previous calendar year, and may deviate from 
  2.10  the previously published projected growth limits to reflect 
  2.11  differences between the actual regional consumer price index for 
  2.12  urban consumers and the projected Consumer Price Index for urban 
  2.13  consumers.  The commissioner shall report to the legislature by 
  2.14  February 15 of each year on differences between the projected 
  2.15  increase in health care expenditures, the actual expenditures 
  2.16  based on data collected, and the impact and validity of growth 
  2.17  limits within the overall health care reform strategy. 
  2.18     (b) The commissioner shall enforce limits on growth in 
  2.19  spending and revenues for integrated service networks and for 
  2.20  the regulated all-payer option.  If the commissioner determines 
  2.21  that artificial inflation or padding of costs or prices has 
  2.22  occurred in anticipation of the implementation of growth limits, 
  2.23  the commissioner may adjust the base year spending totals or 
  2.24  growth limits or take other action to reverse the effect of the 
  2.25  artificial inflation or padding. 
  2.26     (c) The commissioner shall impose and enforce overall 
  2.27  limits on growth in revenues and spending for integrated service 
  2.28  networks, with adjustments for changes in enrollment, benefits, 
  2.29  severity, and risks.  If an integrated service network exceeds 
  2.30  the growth limits, the commissioner may reduce future limits on 
  2.31  growth in aggregate premium revenues for that integrated service 
  2.32  network by up to the amount overspent.  If the integrated 
  2.33  service network system exceeds a systemwide spending limit, the 
  2.34  commissioner may reduce future limits on growth in premium 
  2.35  revenues for the integrated service network system by up to the 
  2.36  amount overspent. 
  3.1      (d) The commissioner shall set prices, utilization 
  3.2   controls, and other requirements for the regulated all-payer 
  3.3   option to ensure that the overall costs of this system, after 
  3.4   adjusting for changes in population, severity, and risk, do not 
  3.5   exceed the growth limits.  If growth limits for a calendar year 
  3.6   are exceeded, the commissioner may reduce reimbursement rates or 
  3.7   otherwise recoup amounts exceeding the limit for all or part of 
  3.8   the next calendar year.  To the extent possible, the 
  3.9   commissioner may reduce reimbursement rates or otherwise recoup 
  3.10  amounts over the limit from individual providers who exceed the 
  3.11  growth limits. 
  3.12     (e) The commissioner, in consultation with the Minnesota 
  3.13  health care commission, shall research and make recommendations 
  3.14  to the legislature regarding the implementation of growth limits 
  3.15  for integrated service networks and the regulated all-payer 
  3.16  option.  The commissioner must shall consider both spending and 
  3.17  revenue approaches and will report on the implementation of the 
  3.18  interim limits as defined in sections 62P.04 and 62P.05.  The 
  3.19  commissioner must shall examine and make recommendations on the 
  3.20  use of annual update factors based on volume performance 
  3.21  standards as a mechanism for achieving controls on spending in 
  3.22  the all-payer option.  The commissioner must shall make 
  3.23  recommendations regarding the enforcement mechanism and must 
  3.24  shall consider mechanisms to adjust future growth limits as well 
  3.25  as mechanisms to establish financial penalties for 
  3.26  noncompliance.  The commissioner must shall also address the 
  3.27  feasibility of systemwide limits imposed on all integrated 
  3.28  service networks. 
  3.29     (f) The commissioner shall report to the legislative 
  3.30  commission on health care access by December 1, 1994, on trends 
  3.31  in aggregate spending and premium revenue for health plan 
  3.32  companies.  The commissioner shall use data submitted under 
  3.33  section 62P.04 and other available data to complete this report. 
  3.34     Sec. 2.  Minnesota Statutes 1994, section 62Q.33, 
  3.35  subdivision 5, is amended to read: 
  3.36     Subd. 5.  [TIMELINE.] (a) By October 1, 1994, the 
  4.1   commissioner shall submit to the legislative commission on 
  4.2   health care access the initial report and recommendations 
  4.3   required by subdivisions 2 to 4. 
  4.4      (b) By February 15, 1995, the commissioner, in cooperation 
  4.5   with the legislative commission on health care access, shall 
  4.6   submit a final report to the legislature, with specific 
  4.7   recommendations for capacity building and financing to be 
  4.8   implemented over the period from January 1, 1996, through 
  4.9   December 31, 1997. 
  4.10     (c) (b) By January 1, 1997, and by January 1 of each 
  4.11  odd-numbered year thereafter, the commissioner shall present to 
  4.12  the legislature an updated report and recommendations. 
  4.13     Sec. 3.  Minnesota Statutes 1994, section 85.019, 
  4.14  subdivision 2, is amended to read: 
  4.15     Subd. 2.  [GRANTS FOR PARKS AND TRAILS.] The commissioner 
  4.16  shall administer a program to provide grants to units of 
  4.17  government located within standard metropolitan statistical 
  4.18  areas, as designated by the United States Office of Management 
  4.19  and Budget, but outside of the metropolitan area defined in 
  4.20  section 473.121.  The grants shall must be for acquisition and 
  4.21  betterment by units of government of public land and 
  4.22  improvements needed for parks, trails, conservatories, zoos, and 
  4.23  other special use facilities having recreational significance 
  4.24  for the entire population of the particular standard 
  4.25  metropolitan statistical area.  Appropriations made for this 
  4.26  purpose shall must be expended with the approval of the governor 
  4.27  after consultation with the legislative advisory commission.  
  4.28  The legislative commission on division of Minnesota resources 
  4.29  shall make recommendations to the legislative advisory 
  4.30  commission regarding the expenditures.  The local contribution 
  4.31  required shall be not less than ten percent.  The program shall 
  4.32  must be administered so as to ensure the maximum possible use of 
  4.33  available federal money. 
  4.34     Sec. 4.  Minnesota Statutes 1994, section 115A.07, 
  4.35  subdivision 3, is amended to read: 
  4.36     Subd. 3.  [UNIFORM WASTE STATISTICS; RULES.] The director, 
  5.1   after consulting with the commissioner, the metropolitan 
  5.2   council, local government units, and other interested persons, 
  5.3   may adopt rules to establish uniform methods for collecting and 
  5.4   reporting waste reduction, generation, collection, 
  5.5   transportation, storage, recycling, processing, and disposal 
  5.6   statistics necessary for proper waste management and for 
  5.7   reporting required by law.  Prior to publishing proposed rules, 
  5.8   the director shall submit draft rules to the legislative 
  5.9   commission on waste management for review and comment.  Rules 
  5.10  adopted under this subdivision apply to all persons and units of 
  5.11  government in the state for the purpose of collecting and 
  5.12  reporting waste-related statistics requested under or required 
  5.13  by law. 
  5.14     Sec. 5.  Minnesota Statutes 1994, section 115A.15, 
  5.15  subdivision 5, is amended to read: 
  5.16     Subd. 5.  [REPORTS.] (a) By January 1 of each odd-numbered 
  5.17  year, the commissioner of administration shall submit a report 
  5.18  to the governor and to the legislative commission summarizing 
  5.19  past activities and proposed goals of the program for the 
  5.20  following biennium.  The report shall include at least: 
  5.21     (1) a summary list of product and commodity purchases that 
  5.22  contain recycled materials; 
  5.23     (2) the results of any performance tests conducted on 
  5.24  recycled products and agencies' experience with recycled 
  5.25  products used; 
  5.26     (3) a list of all organizations participating in and using 
  5.27  the cooperative purchasing program; and 
  5.28     (4) a list of products and commodities purchased for their 
  5.29  recyclability and of recycled products reviewed for purchase. 
  5.30     (b) By July 1 of each even-numbered year, the commissioner 
  5.31  of the pollution control agency and the commissioner of public 
  5.32  service shall submit recommendations to the commissioner 
  5.33  regarding the operation of the program. 
  5.34     Sec. 6.  Minnesota Statutes 1994, section 115A.158, 
  5.35  subdivision 2, is amended to read: 
  5.36     Subd. 2.  [PROCEDURE; EVALUATION; REPORT.] In requesting 
  6.1   proposals, the office shall inform potential developers of the 
  6.2   assistance available to them in siting and establishing 
  6.3   hazardous waste processing and collection facilities and 
  6.4   services in the state and improved industrial waste management 
  6.5   in the state, including the availability of sites listed on the 
  6.6   office's inventory of preferred areas for hazardous waste 
  6.7   processing facilities, the authority of the office to acquire 
  6.8   sites and order the establishment of facilities in those areas, 
  6.9   the policies and objectives of the hazardous waste management 
  6.10  plan, and the availability of information developed by the 
  6.11  office on hazardous or industrial waste generation and 
  6.12  management in the state.  
  6.13     The office shall evaluate the proposals received in 
  6.14  response to its request and determine the extent to which the 
  6.15  proposals demonstrate the qualifications of the developers, the 
  6.16  technical and economic feasibility of the proposed facility or 
  6.17  service, and the extent to which the proposed facility or 
  6.18  service will contribute in a significant way to the achievement 
  6.19  of the policies and objectives of the hazardous waste management 
  6.20  plan.  
  6.21     The office shall report to the legislative commission on 
  6.22  the proposals that it has received and evaluated, and on the 
  6.23  legislative, regulatory, and other actions needed to develop and 
  6.24  operate the proposed facilities or services. 
  6.25     Sec. 7.  Minnesota Statutes 1994, section 115A.165, is 
  6.26  amended to read: 
  6.27     115A.165 [EVALUATION OF GRANT AND LOAN PROGRAMS; REPORT.] 
  6.28     By November 1 of each even-numbered year, the director 
  6.29  shall evaluate the extent to which the programs provided in 
  6.30  sections 115A.152 to 115A.159 have contributed to the 
  6.31  achievement of the policies and objectives of the hazardous 
  6.32  waste management plan and other related planning documents 
  6.33  prepared by the director.  The evaluation must consider the 
  6.34  amount of waste reduction achieved by generators through the 
  6.35  technical and research assistance and waste reduction grant 
  6.36  programs and the progress in reducing the need for and practice 
  7.1   of disposal achieved through the development grants and the 
  7.2   request for proposal program.  The director shall report the 
  7.3   results of the evaluation to the legislative commission with 
  7.4   recommendations for further action.  
  7.5      Sec. 8.  Minnesota Statutes 1994, section 115A.193, is 
  7.6   amended to read: 
  7.7      115A.193 [REPORT ON FACILITY DEVELOPMENT.] 
  7.8      The director shall prepare a report concerning the 
  7.9   development of a stabilization and containment facility.  The 
  7.10  report must include: 
  7.11     (a) a conceptual plan that describes and evaluates the 
  7.12  proposed design and operation of the facility, including an 
  7.13  evaluation of technical feasibility, a description and 
  7.14  evaluation of the types and quantities of hazardous waste and 
  7.15  nonhazardous residual waste from hazardous waste processing that 
  7.16  the facility would be designed to accept, and a description and 
  7.17  evaluation of technologies needed or desired at the facility for 
  7.18  processing, stabilization, and containment, including above 
  7.19  grade containment; 
  7.20     (b) procedures and standards for the operation of the 
  7.21  facility that require the use of reduction, recycling, and 
  7.22  recovery of any hazardous waste before the waste is accepted for 
  7.23  stabilization when the alternative or additional management 
  7.24  method is feasible and prudent and would materially reduce 
  7.25  adverse impact on human health and the environment; 
  7.26     (c) evaluation of the design and use of the facility for 
  7.27  processing, stabilization, or containment of industrial waste, 
  7.28  including technical and regulatory issues and alternative 
  7.29  management methods; 
  7.30     (d) evaluation of feasible and prudent technologies that 
  7.31  may substantially reduce the possibility of migration of any 
  7.32  hazardous constituents of wastes that the facility would be 
  7.33  designed to accept; 
  7.34     (e) a general analysis of the necessary and desirable 
  7.35  physical, locational, and other characteristics of a site for 
  7.36  the facility; 
  8.1      (f) an evaluation of the prospects of and conditions 
  8.2   required for the regulatory delisting of residual waste from 
  8.3   hazardous waste processing; 
  8.4      (g) an evaluation of the feasibility of an interstate, 
  8.5   regional approach to the management of hazardous waste; and 
  8.6      (h) an economic feasibility analysis of the development and 
  8.7   operation of the facility, including the anticipated use of the 
  8.8   facility by Minnesota generators from within and outside the 
  8.9   state, and sources of private and public financing that may be 
  8.10  available or necessary for development or operation. 
  8.11     The director shall submit a draft of the report to the 
  8.12  office and the legislative commission on waste management by 
  8.13  July 1, 1988, and before executing contracts under section 
  8.14  115A.191. 
  8.15     Sec. 9.  Minnesota Statutes 1994, section 115A.22, 
  8.16  subdivision 5, is amended to read: 
  8.17     Subd. 5.  [DUTIES OF LOCAL COMMITTEES.] During the review, 
  8.18  the local project review committee shall:  inform affected local 
  8.19  communities, government units, and residents of the proposed 
  8.20  land containment and stabilization and containment facilities 
  8.21  and of the planning and environmental review process relating to 
  8.22  the proposed facilities; solicit and record local attitudes and 
  8.23  concerns respecting the proposed facilities and represent and 
  8.24  communicate such attitudes and concerns to the board, the 
  8.25  legislative commission, the environmental quality board, the 
  8.26  agency, and other units and agencies of government; and act as a 
  8.27  forum for the exchange of local attitudes and concerns and the 
  8.28  development, where possible, of local consensus. 
  8.29     Sec. 10.  Minnesota Statutes 1994, section 115A.5501, 
  8.30  subdivision 2, is amended to read: 
  8.31     Subd. 2.  [MEASUREMENT; PROCEDURES.] To measure the overall 
  8.32  percentage of packaging in the statewide solid waste stream, the 
  8.33  director and the chair of the metropolitan council, in 
  8.34  consultation with the commissioner, shall each conduct an annual 
  8.35  solid waste composition study in the nonmetropolitan and 
  8.36  metropolitan areas respectively or shall develop an alternative 
  9.1   method that is as statistically reliable as a waste composition 
  9.2   study to measure the percentage of packaging in the waste stream.
  9.3      The chair of the council shall submit the results from the 
  9.4   metropolitan area to the director by May 1 of each year.  The 
  9.5   director shall average the nonmetropolitan and metropolitan 
  9.6   results and submit determine the statewide percentage, along 
  9.7   with a statistically reliable margin of error, to the 
  9.8   legislative commission on waste management by July 1 of each 
  9.9   year.  The 1994 report must include a discussion of the 
  9.10  reliability of data gathered under this subdivision and the 
  9.11  methodology used to determine a statistically reliable margin of 
  9.12  error. 
  9.13     Sec. 11.  Minnesota Statutes 1994, section 115A.5501, 
  9.14  subdivision 4, is amended to read: 
  9.15     Subd. 4.  [REPORT.] The director shall apply the statewide 
  9.16  percentage determined under subdivision 2 to the aggregate 
  9.17  amount of solid waste determined under subdivision 3 to 
  9.18  determine the amount of packaging in the waste stream.  By July 
  9.19  1, 1996, the director shall submit to the legislative commission 
  9.20  on waste management appropriate committees of the house of 
  9.21  representatives and the senate an analysis of the extent to 
  9.22  which the waste packaging reduction goal in subdivision 1 has 
  9.23  been met.  In determining whether the goal has been met, the 
  9.24  margin of error must be applied in favor of meeting the goal. 
  9.25     Sec. 12.  Minnesota Statutes 1994, section 115A.551, 
  9.26  subdivision 4, is amended to read: 
  9.27     Subd. 4.  [INTERIM MONITORING.] The director, for counties 
  9.28  outside of the metropolitan area, and the metropolitan council, 
  9.29  for counties within the metropolitan area, shall monitor the 
  9.30  progress of each county toward meeting the recycling goals in 
  9.31  subdivisions 2 and 2a.  The director shall report to the 
  9.32  legislative commission on waste management appropriate 
  9.33  committees of the house of representatives and the senate on the 
  9.34  progress of the counties by July 1 of each year.  The 
  9.35  metropolitan council shall report to the legislative commission 
  9.36  on waste management committees on the progress of the counties 
 10.1   by July 1 of each year.  If the director or the council finds 
 10.2   that a county is not progressing toward the goals in 
 10.3   subdivisions 2 and 2a, it the director or council shall 
 10.4   negotiate with the county to develop and implement solid waste 
 10.5   management techniques designed to assist the county in meeting 
 10.6   the goals, such as organized collection, curbside collection of 
 10.7   source-separated materials, and volume-based pricing. 
 10.8      In even-numbered years the progress report may be included 
 10.9   in the solid waste management policy report required under 
 10.10  section 115A.411.  The metropolitan council's progress report 
 10.11  shall must be included in the report required by section 473.149.
 10.12     Sec. 13.  Minnesota Statutes 1994, section 115A.551, 
 10.13  subdivision 5, is amended to read: 
 10.14     Subd. 5.  [FAILURE TO MEET GOAL.] (a) A county failing to 
 10.15  meet the interim goals in subdivision 3 shall, as a minimum: 
 10.16     (1) notify county residents of the failure to achieve the 
 10.17  goal and why the goal was not achieved; and 
 10.18     (2) provide county residents with information on recycling 
 10.19  programs offered by the county. 
 10.20     (b) If, based on the recycling monitoring described in 
 10.21  subdivision 4, the director or the metropolitan council finds 
 10.22  that a county will be unable to meet the recycling goals 
 10.23  established in subdivisions 2 and 2a, the director or council 
 10.24  shall, after consideration of the reasons for the county's 
 10.25  inability to meet the goals, recommend legislation for 
 10.26  consideration by the legislative commission on waste management 
 10.27  appropriate committees of the house of representatives and the 
 10.28  senate to establish mandatory recycling standards and to 
 10.29  authorize the director or council to mandate appropriate solid 
 10.30  waste management techniques designed to meet the standards in 
 10.31  those counties that are unable to meet the goals. 
 10.32     Sec. 14.  Minnesota Statutes 1994, section 115A.557, 
 10.33  subdivision 4, is amended to read: 
 10.34     Subd. 4.  [REPORT.] By July 1 of each year, the director 
 10.35  shall report on how the money was spent and the resulting 
 10.36  statewide improvements in solid waste management to the house of 
 11.1   representatives ways and means committee and senate 
 11.2   appropriations and finance committees and the legislative 
 11.3   commission on waste management committee.  In even-numbered 
 11.4   years the report may be included in the solid waste management 
 11.5   policy report required under section 115A.411. 
 11.6      Sec. 15.  Minnesota Statutes 1994, section 115A.9157, 
 11.7   subdivision 6, is amended to read: 
 11.8      Subd. 6.  [LIST OF PARTICIPANTS.] A manufacturer or its 
 11.9   representative organization shall inform the legislative 
 11.10  commission on waste management director when they begin the 
 11.11  manufacturer or organization begins participating in the 
 11.12  projects and programs and immediately if they withdraw upon 
 11.13  withdrawal from participation.  The list of participants shall 
 11.14  must be available to retailers, distributors, governmental 
 11.15  agencies, and other interested persons who provide a 
 11.16  self-addressed stamped envelope to the commission director. 
 11.17     Sec. 16.  Minnesota Statutes 1994, section 115A.96, 
 11.18  subdivision 2, is amended to read: 
 11.19     Subd. 2.  [MANAGEMENT PROGRAM.] (a) The agency shall 
 11.20  establish a statewide program to manage household hazardous 
 11.21  wastes.  The program must include: 
 11.22     (1) the establishment and operation of collection sites; 
 11.23  and 
 11.24     (2) the provision of information, education, and technical 
 11.25  assistance regarding proper management of household hazardous 
 11.26  wastes. 
 11.27     (b) The agency shall report on its progress on establishing 
 11.28  permanent collection sites to the legislative commission on 
 11.29  waste management by November 1, 1991. 
 11.30     Sec. 17.  Minnesota Statutes 1994, section 115A.961, 
 11.31  subdivision 2, is amended to read: 
 11.32     Subd. 2.  [PROGRAM.] (a) The director, in consultation with 
 11.33  other state agencies, political subdivisions, and 
 11.34  representatives of the household battery industry, may develop 
 11.35  household battery programs.  The director must coordinate the 
 11.36  programs with the legislative commission on Minnesota resources 
 12.1   study on batteries.  
 12.2      (b) The director shall investigate options and develop 
 12.3   guidelines for collection, processing, and disposal of household 
 12.4   batteries.  The options the director may investigate include: 
 12.5      (1) establishing a grant program for counties to plan and 
 12.6   implement household battery collection, processing, and disposal 
 12.7   projects; 
 12.8      (2) establishing collection and transportation systems; 
 12.9      (3) developing and disseminating educational materials 
 12.10  regarding environmentally sound battery management; and 
 12.11     (4) developing markets for materials recovered from the 
 12.12  batteries. 
 12.13     (c) The director may also distribute funds to political 
 12.14  subdivisions to develop battery management plans and implement 
 12.15  those plans. 
 12.16     Sec. 18.  Minnesota Statutes 1994, section 115A.9651, 
 12.17  subdivision 2, is amended to read: 
 12.18     Subd. 2.  [TEMPORARY EXEMPTION.] (a) An item listed in 
 12.19  subdivision 1 is exempt from this section until July 1, 1997, if 
 12.20  the manufacturer of the item submits to the commissioner a 
 12.21  written request for an exemption by August 1, 1994.  The request 
 12.22  must include at least: 
 12.23     (1) an explanation of why compliance is not technically 
 12.24  feasible at the time of the request; 
 12.25     (2) how the manufacturer will comply by July 1, 1997; and 
 12.26     (3) the name, address, and telephone number of a person the 
 12.27  commissioner can contact for further information. 
 12.28     (b) By September 1, 1994, a person who uses an item listed 
 12.29  in subdivision 1, into which one of the listed metals has been 
 12.30  intentionally introduced, may submit, on behalf of the 
 12.31  manufacturer, a request for temporary exemption only if the 
 12.32  manufacturer fails to submit an exemption request as provided in 
 12.33  paragraph (a).  The request must include: 
 12.34     (1) an explanation of why the person must continue to use 
 12.35  the item and a discussion of potential alternatives; 
 12.36     (2) an explanation of why it is not technically feasible at 
 13.1   the time of the request to formulate or manufacture the item 
 13.2   without intentionally introducing a listed metal; 
 13.3      (3) that the person will seek alternatives to using the 
 13.4   item by July 1, 1997, if it still contains an intentionally 
 13.5   introduced listed metal; and 
 13.6      (4) the name, address, and telephone number of a person the 
 13.7   commissioner can contact for further information. 
 13.8      (c) A person who submits a request for temporary exemption 
 13.9   under paragraph (b) may submit a request for a temporary 
 13.10  exemption after September 1, 1994, for an item that the person 
 13.11  will use as an alternative to the item for which the request was 
 13.12  originally made as long as the new item has a total 
 13.13  concentration level of all the listed metals that is 
 13.14  significantly less than in the original item.  An exemption 
 13.15  under this paragraph expires July 1, 1997, and the person who 
 13.16  requests it must submit the progress description required in 
 13.17  paragraph (e). 
 13.18     (d) By October 1, 1994, and annually thereafter if requests 
 13.19  are received under paragraph (c), the commissioner shall submit 
 13.20  to the legislative commission on waste management a list of 
 13.21  manufacturers and persons that have requested an exemption under 
 13.22  this subdivision and the items for which exemptions were sought, 
 13.23  along with copies of the requests. 
 13.24     (e) By July 1, 1996, each manufacturer on the list shall 
 13.25  submit to the commissioner a description of the progress the 
 13.26  manufacturer has made toward compliance with subdivision 1, and 
 13.27  the date compliance has been achieved or the date on or before 
 13.28  July 1, 1997, by which the manufacturer anticipates achieving 
 13.29  compliance.  By July 1, 1996, each person who has requested an 
 13.30  exemption under paragraph (b) or (c) shall submit to the 
 13.31  commissioner: 
 13.32     (1) a description of progress made to eliminate the listed 
 13.33  metal or metals from the item or progress made by the person to 
 13.34  find a replacement item that does not contain an intentionally 
 13.35  introduced listed metal; and 
 13.36     (2) the date or anticipated date the item is or will be 
 14.1   free of intentionally introduced metals or the date the person 
 14.2   has stopped or will stop using the item. 
 14.3      By October 1, 1996, the commissioner shall submit to the 
 14.4   legislative commission appropriate committees of the house of 
 14.5   representatives and the senate a summary of the progress made by 
 14.6   the manufacturers and other persons and any recommendations for 
 14.7   appropriate legislative or other action to ensure that products 
 14.8   are not distributed in the state after July 1, 1997, that 
 14.9   violate subdivision 1. 
 14.10     Sec. 19.  Minnesota Statutes 1994, section 115A.97, 
 14.11  subdivision 5, is amended to read: 
 14.12     Subd. 5.  [PLANS; REPORT.] A county solid waste plan, or 
 14.13  revision of a plan, that includes incineration of mixed 
 14.14  municipal solid waste must clearly state how the county plans to 
 14.15  meet the goals in subdivision 1 of reducing the toxicity and 
 14.16  quantity of incinerator ash and of reducing the quantity of 
 14.17  processing residuals that require disposal.  The director, in 
 14.18  cooperation with the agency, the counties, and the metropolitan 
 14.19  council, may develop guidelines for counties to use to identify 
 14.20  ways to meet the goals in subdivision 1. 
 14.21     The director, in cooperation with the agency, the counties, 
 14.22  and the metropolitan council, shall develop and propose 
 14.23  statewide goals and timetables for the reduction of the 
 14.24  noncombustible fraction of mixed municipal solid waste prior to 
 14.25  incineration or processing into refuse-derived fuel and for the 
 14.26  reduction of the toxicity of the incinerator ash.  By January 1, 
 14.27  1990, the director shall report to the legislative commission on 
 14.28  waste management on the proposal goals and timetables with 
 14.29  recommendations for their implementation. 
 14.30     Sec. 20.  Minnesota Statutes 1994, section 115A.97, 
 14.31  subdivision 6, is amended to read: 
 14.32     Subd. 6.  [PERMITS; AGENCY REPORT.] An application for a 
 14.33  permit to build or operate a mixed municipal solid waste 
 14.34  incinerator, including an application for permit renewal, must 
 14.35  clearly state how the applicant will achieve the goals in 
 14.36  subdivision 1 of reducing the toxicity and quantity of 
 15.1   incinerator ash and of reducing the quantity of processing 
 15.2   residuals that require disposal.  The agency, in cooperation 
 15.3   with the director, the counties, and the metropolitan council, 
 15.4   may develop guidelines for applicants to use to identify ways to 
 15.5   meet the goals in subdivision 1. 
 15.6      If, by January 1, 1990, the rules required by subdivision 3 
 15.7   are not in at least final draft form, the agency shall report to 
 15.8   the legislative commission on waste management on the status of 
 15.9   current incinerator ash management programs with recommendations 
 15.10  for specific legislation to meet the goals of subdivision 1. 
 15.11     Sec. 21.  Minnesota Statutes 1994, section 115B.20, 
 15.12  subdivision 2, is amended to read: 
 15.13     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
 15.14  to appropriation by the legislature the money in the account may 
 15.15  be spent for any of the following purposes:  
 15.16     (1) preparation by the agency and the commissioner of 
 15.17  agriculture for taking removal or remedial action under section 
 15.18  115B.17, or under chapter 18D, including investigation, 
 15.19  monitoring and testing activities, enforcement and compliance 
 15.20  efforts relating to the release of hazardous substances, 
 15.21  pollutants or contaminants under section 115B.17 or 115B.18, or 
 15.22  chapter 18D; 
 15.23     (2) removal and remedial actions taken or authorized by the 
 15.24  agency or the commissioner of the pollution control agency under 
 15.25  section 115B.17, or taken or authorized by the commissioner of 
 15.26  agriculture under chapter 18D including related enforcement and 
 15.27  compliance efforts under section 115B.17 or 115B.18, or chapter 
 15.28  18D, and payment of the state share of the cost of remedial 
 15.29  action which may be carried out under a cooperative agreement 
 15.30  with the federal government pursuant to the Federal Superfund 
 15.31  Act, under United States Code, title 42, section 9604(c)(3) for 
 15.32  actions related to facilities other than commercial hazardous 
 15.33  waste facilities located under the siting authority of chapter 
 15.34  115A; 
 15.35     (3) reimbursement to any private person for expenditures 
 15.36  made before July 1, 1983, to provide alternative water supplies 
 16.1   deemed necessary by the agency or the commissioner of 
 16.2   agriculture and the department of health to protect the public 
 16.3   health from contamination resulting from the release of a 
 16.4   hazardous substance; 
 16.5      (4) removal and remedial actions taken or authorized by the 
 16.6   agency or the commissioner of agriculture or the pollution 
 16.7   control agency under section 115B.17, or chapter 18D, including 
 16.8   related enforcement and compliance efforts under section 115B.17 
 16.9   or 115B.18, or chapter 18D, and payment of the state share of 
 16.10  the cost of remedial action which may be carried out under a 
 16.11  cooperative agreement with the federal government pursuant to 
 16.12  the Federal Superfund Act, under United States Code, title 42, 
 16.13  section 9604(c)(3) for actions related to commercial hazardous 
 16.14  waste facilities located under the siting authority of chapter 
 16.15  115A; 
 16.16     (5) compensation as provided by law, after submission by 
 16.17  the office of waste management of the report required under 
 16.18  section 115A.08, subdivision 5, to mitigate any adverse impact 
 16.19  of the location of commercial hazardous waste processing or 
 16.20  disposal facilities located pursuant to the siting authority of 
 16.21  chapter 115A; 
 16.22     (6) planning and implementation by the commissioner of 
 16.23  natural resources of the rehabilitation, restoration, or 
 16.24  acquisition of natural resources to remedy injuries or losses to 
 16.25  natural resources resulting from the release of a hazardous 
 16.26  substance; 
 16.27     (7) inspection, monitoring, and compliance efforts by the 
 16.28  agency, or by political subdivisions with agency approval, of 
 16.29  commercial hazardous waste facilities located under the siting 
 16.30  authority of chapter 115A; 
 16.31     (8) grants by the agency or the office of waste management 
 16.32  to demonstrate alternatives to land disposal of hazardous waste 
 16.33  including reduction, separation, pretreatment, processing and 
 16.34  resource recovery, for education of persons involved in 
 16.35  regulating and handling hazardous waste; 
 16.36     (9) intervention and environmental mediation by the 
 17.1   legislative commission on waste management under chapter 115A; 
 17.2   and 
 17.3      (10) grants by the agency to study the extent of 
 17.4   contamination and feasibility of cleanup of hazardous substances 
 17.5   and pollutants or contaminants in major waterways of the state; 
 17.6      (11) (10) acquisition of a property interest under section 
 17.7   115B.17, subdivision 15; 
 17.8      (12) (11) reimbursement, in an amount to be determined by 
 17.9   the agency in each case, to a political subdivision that is not 
 17.10  a responsible person under section 115B.03, for reasonable and 
 17.11  necessary expenditures resulting from an emergency caused by a 
 17.12  release or threatened release of a hazardous substance, 
 17.13  pollutant, or contaminant; and 
 17.14     (13) (12) reimbursement to a political subdivision for 
 17.15  expenditures in excess of the liability limit under section 
 17.16  115B.04, subdivision 4.  
 17.17     Sec. 22.  Minnesota Statutes 1994, section 115B.20, 
 17.18  subdivision 5, is amended to read: 
 17.19     Subd. 5.  [RECOMMENDATION.] The legislative commission on 
 17.20  waste management and The commissioner of agriculture shall make 
 17.21  recommendations to the standing legislative committees on 
 17.22  finance and appropriations ways and means regarding 
 17.23  appropriations from the account.  
 17.24     Sec. 23.  Minnesota Statutes 1994, section 115B.20, 
 17.25  subdivision 6, is amended to read: 
 17.26     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
 17.27  commissioner of agriculture and the agency shall submit to the 
 17.28  senate finance committee, the house ways and means committee, 
 17.29  the environmental quality board, and the legislative water 
 17.30  commission, and the legislative commission on waste management a 
 17.31  report detailing the activities for which money from the account 
 17.32  has been spent during the previous fiscal year.  
 17.33     Sec. 24.  Minnesota Statutes 1994, section 116C.712, 
 17.34  subdivision 5, is amended to read: 
 17.35     Subd. 5.  [ASSESSMENT.] (a) A person, firm, corporation, or 
 17.36  association in the business of owning or operating a nuclear 
 18.1   fission electrical generating plant in this state shall pay an 
 18.2   assessment to cover the cost of: 
 18.3      (1) monitoring the federal high-level radioactive waste 
 18.4   program under the Nuclear Waste Policy Act, United States Code, 
 18.5   title 42, sections 10101 to 10226; 
 18.6      (2) advising the governor and the legislature on policy 
 18.7   issues relating to the federal high-level radioactive waste 
 18.8   disposal program; 
 18.9      (3) surveying existing literature and activity relating to 
 18.10  radioactive waste management, including storage, transportation, 
 18.11  and disposal, in the state; 
 18.12     (4) an advisory task force on low-level radioactive waste 
 18.13  deregulation, created by a law enacted in 1990 until July 1, 
 18.14  1996; and 
 18.15     (5) other general studies necessary to carry out the 
 18.16  purposes of this subdivision.  
 18.17     The assessment must not be more than the appropriation to 
 18.18  the office of strategic and long-range planning for these 
 18.19  purposes.  
 18.20     (b) The office shall bill the owner or operator of the 
 18.21  plant for the assessment at least 30 days before the start of 
 18.22  each quarter.  The assessment for the second quarter of each 
 18.23  fiscal year must be adjusted to compensate for the amount by 
 18.24  which actual expenditures by the office for the preceding year 
 18.25  were more or less than the estimated expenditures previously 
 18.26  assessed.  The billing may be made as an addition to the 
 18.27  assessments made under section 116C.69.  The owner or operator 
 18.28  of the plant must pay the assessment within 30 days after 
 18.29  receipt of the bill.  The assessment must be deposited in the 
 18.30  state treasury and credited to the special revenue fund. 
 18.31     (c) The authority for this assessment terminates when the 
 18.32  department of energy eliminates Minnesota from further siting 
 18.33  consideration for high-level radioactive waste by starting 
 18.34  construction of a high-level radioactive waste disposal site in 
 18.35  another state.  The assessment required for any quarter must be 
 18.36  reduced by the amount of federal grant money received by the 
 19.1   office of strategic and long-range planning for the purposes 
 19.2   listed in this section.  
 19.3      (d) The director of the office of strategic and long-range 
 19.4   planning must report annually by July 1 to the legislative 
 19.5   commission on waste management on activities assessed under 
 19.6   paragraph (a). 
 19.7      Sec. 25.  Minnesota Statutes 1994, section 116J.555, 
 19.8   subdivision 2, is amended to read: 
 19.9      Subd. 2.  [APPLICATION CYCLES; REPORTING TO LCWM.] (a) In 
 19.10  making grants, the commissioner shall establish regular 
 19.11  application deadlines in which grants will be authorized from 
 19.12  all or part of the available appropriations of money in the 
 19.13  account. 
 19.14     (b) After each cycle in which grants are awarded, the 
 19.15  commissioner shall report to the legislative commission on waste 
 19.16  management appropriate committees of the house of 
 19.17  representatives and the senate the grants awarded and 
 19.18  appropriate supporting information describing each grant made.  
 19.19  This report must be made within 30 days after the grants are 
 19.20  awarded. 
 19.21     (c) The commissioner shall annually report to the 
 19.22  legislative commission committees on the status of the cleanup 
 19.23  projects undertaken under grants made under the programs.  The 
 19.24  commissioner shall include in the annual report information on 
 19.25  the cleanup and development activities undertaken for the grants 
 19.26  made in that and previous fiscal years.  The commissioner shall 
 19.27  make this report no later than 120 days after the end of the 
 19.28  fiscal year. 
 19.29     Sec. 26.  Minnesota Statutes 1994, section 256.9352, 
 19.30  subdivision 3, is amended to read: 
 19.31     Subd. 3.  [FINANCIAL MANAGEMENT.] (a) The commissioner 
 19.32  shall manage spending for the MinnesotaCare program in a manner 
 19.33  that maintains a minimum reserve equal to five percent of the 
 19.34  expected cost of state premium subsidies.  The commissioner must 
 19.35  make a quarterly assessment of the expected expenditures for the 
 19.36  covered services for the remainder of the current fiscal year 
 20.1   and for the following two fiscal years.  The estimated 
 20.2   expenditure shall must be compared to an estimate of the 
 20.3   revenues that will be deposited in the health care access fund.  
 20.4   Based on this comparison, and after consulting with the chairs 
 20.5   of the house ways and means committee and the senate finance 
 20.6   committee, and the legislative commission on health care access, 
 20.7   the commissioner shall make adjustments as necessary to ensure 
 20.8   that expenditures remain within the limits of available 
 20.9   revenues. The adjustments the commissioner may use must be 
 20.10  implemented in this order:  first, stop enrollment of single 
 20.11  adults and households without children; second, upon 45 days' 
 20.12  notice, stop coverage of single adults and households without 
 20.13  children already enrolled in the MinnesotaCare program; third, 
 20.14  upon 90 days' notice, decrease the premium subsidy amounts by 
 20.15  ten percent for families with gross annual income above 200 
 20.16  percent of the federal poverty guidelines; fourth, upon 90 days' 
 20.17  notice, decrease the premium subsidy amounts by ten percent for 
 20.18  families with gross annual income at or below 200 percent; and 
 20.19  fifth, require applicants to be uninsured for at least six 
 20.20  months prior to eligibility in the MinnesotaCare program.  If 
 20.21  these measures are insufficient to limit the expenditures to the 
 20.22  estimated amount of revenue, the commissioner may further limit 
 20.23  enrollment or decrease premium subsidies. 
 20.24     The reserve referred to in this subdivision is appropriated 
 20.25  to the commissioner but may only be used upon approval of the 
 20.26  commissioner of finance, if estimated costs will exceed the 
 20.27  forecasted amount of available revenues after all adjustments 
 20.28  authorized under this subdivision have been made. 
 20.29     By February 1, 1995, the department of human services and 
 20.30  the department of health shall develop a plan to adjust benefit 
 20.31  levels, eligibility guidelines, or other steps necessary to 
 20.32  ensure that expenditures for the MinnesotaCare program are 
 20.33  contained within the two percent taxes imposed under section 
 20.34  295.52 and the gross premiums tax imposed under section 60A.15, 
 20.35  subdivision 1, paragraph (e), for fiscal year 1997.  
 20.36     (b) Notwithstanding paragraph (a), the commissioner shall 
 21.1   proceed with the enrollment of single adults and households 
 21.2   without children in accordance with section 256.9354, 
 21.3   subdivision 5, paragraph (a), even if the expenditures do not 
 21.4   remain within the limits of available revenues through fiscal 
 21.5   year 1997 to allow the departments of human services and health 
 21.6   to develop the plan required under paragraph (a). 
 21.7      Sec. 27.  Minnesota Statutes 1994, section 256B.431, 
 21.8   subdivision 2i, is amended to read: 
 21.9      Subd. 2i.  [OPERATING COSTS AFTER JULY 1, 1988.] (a)  
 21.10  [OTHER OPERATING COST LIMITS.] For the rate year beginning July 
 21.11  1, 1988, the commissioner shall increase the other operating 
 21.12  cost limits established in Minnesota Rules, part 9549.0055, 
 21.13  subpart 2, item E, to 110 percent of the median of the array of 
 21.14  allowable historical other operating cost per diems and index 
 21.15  these limits as in Minnesota Rules, part 9549.0056, subparts 3 
 21.16  and 4.  The limits must be established in accordance with 
 21.17  subdivision 2b, paragraph (d).  For rate years beginning on or 
 21.18  after July 1, 1989, the adjusted other operating cost limits 
 21.19  must be indexed as in Minnesota Rules, part 9549.0056, subparts 
 21.20  3 and 4.  For the rate period beginning October 1, 1992, and for 
 21.21  rate years beginning after June 30, 1993, the amount of the 
 21.22  surcharge under section 256.9657, subdivision 1, shall be 
 21.23  included in the plant operations and maintenance operating cost 
 21.24  category.  The surcharge shall be an allowable cost for the 
 21.25  purpose of establishing the payment rate. 
 21.26     (b)  [CARE-RELATED OPERATING COST LIMITS.] For the rate 
 21.27  year beginning July 1, 1988, the commissioner shall increase the 
 21.28  care-related operating cost limits established in Minnesota 
 21.29  Rules, part 9549.0055, subpart 2, items A and B, to 125 percent 
 21.30  of the median of the array of the allowable historical case mix 
 21.31  operating cost standardized per diems and the allowable 
 21.32  historical other care-related operating cost per diems and index 
 21.33  those limits as in Minnesota Rules, part 9549.0056, subparts 1 
 21.34  and 2.  The limits must be established in accordance with 
 21.35  subdivision 2b, paragraph (d).  For rate years beginning on or 
 21.36  after July 1, 1989, the adjusted care-related limits must be 
 22.1   indexed as in Minnesota Rules, part 9549.0056, subparts 1 and 2. 
 22.2      (c)  [SALARY ADJUSTMENT PER DIEM.] For the rate period 
 22.3   October 1, 1988, to June 30, 1990, the commissioner shall add 
 22.4   the appropriate salary adjustment per diem calculated in clause 
 22.5   (1) or (2) to the total operating cost payment rate of each 
 22.6   nursing facility.  The salary adjustment per diem for each 
 22.7   nursing facility must be determined as follows:  
 22.8      (1) for each nursing facility that reports salaries for 
 22.9   registered nurses, licensed practical nurses, and aides, 
 22.10  orderlies and attendants separately, the commissioner shall 
 22.11  determine the salary adjustment per diem by multiplying the 
 22.12  total salaries, payroll taxes, and fringe benefits allowed in 
 22.13  each operating cost category, except management fees and 
 22.14  administrator and central office salaries and the related 
 22.15  payroll taxes and fringe benefits, by 3.5 percent and then 
 22.16  dividing the resulting amount by the nursing facility's actual 
 22.17  resident days; and 
 22.18     (2) for each nursing facility that does not report salaries 
 22.19  for registered nurses, licensed practical nurses, aides, 
 22.20  orderlies, and attendants separately, the salary adjustment per 
 22.21  diem is the weighted average salary adjustment per diem increase 
 22.22  determined under clause (1). 
 22.23     Each nursing facility that receives a salary adjustment per 
 22.24  diem pursuant to this subdivision shall adjust nursing facility 
 22.25  employee salaries by a minimum of the amount determined in 
 22.26  clause (1) or (2).  The commissioner shall review allowable 
 22.27  salary costs, including payroll taxes and fringe benefits, for 
 22.28  the reporting year ending September 30, 1989, to determine 
 22.29  whether or not each nursing facility complied with this 
 22.30  requirement.  The commissioner shall report the extent to which 
 22.31  each nursing facility complied with the legislative commission 
 22.32  on long-term care by August 1, 1990.  
 22.33     (d)  [NEW BASE YEAR.] The commissioner shall establish new 
 22.34  base years for both the reporting year ending September 30, 
 22.35  1989, and the reporting year ending September 30, 1990.  In 
 22.36  establishing new base years, the commissioner must take into 
 23.1   account:  
 23.2      (1) statutory changes made in geographic groups; 
 23.3      (2) redefinitions of cost categories; and 
 23.4      (3) reclassification, pass-through, or exemption of certain 
 23.5   costs such as public employee retirement act contributions. 
 23.6      (e)  [NEW BASE YEAR.] The commissioner shall establish a 
 23.7   new base year for the reporting years ending September 30, 1991, 
 23.8   and September 30, 1992.  In establishing a new base year, the 
 23.9   commissioner must take into account:  
 23.10     (1) statutory changes made in geographic groups; 
 23.11     (2) redefinitions of cost categories; and 
 23.12     (3) reclassification, pass-through, or exemption of certain 
 23.13  costs. 
 23.14     Sec. 28.  Minnesota Statutes 1994, section 473.846, is 
 23.15  amended to read: 
 23.16     473.846 [REPORT TO LEGISLATURE.] 
 23.17     The agency and metropolitan council shall submit to the 
 23.18  senate finance committee, and the house ways and means committee 
 23.19  , and the legislative commission on waste management separate 
 23.20  reports describing the activities for which money from the 
 23.21  landfill abatement account and contingency action trust fund has 
 23.22  been spent.  The agency shall report by November 1 of each year 
 23.23  on expenditures during its previous fiscal year.  The council 
 23.24  shall report on expenditures during the previous calendar year 
 23.25  and must incorporate its report in the report required by 
 23.26  section 473.149, due July 1 of each year.  The council shall 
 23.27  make recommendations to the legislative commission on waste 
 23.28  management committees on the future management and use of the 
 23.29  metropolitan landfill abatement account. 
 23.30     Sec. 29.  [REPEALER.] 
 23.31     (a) Minnesota Statutes 1994, sections 3.861; 3.887; 3.9222; 
 23.32  3.9227; 14.115, subdivision 8; 62J.04, subdivision 4; 62J.07; 
 23.33  62N.24; 103B.351; 115A.03, subdivision 16; 115A.08; 115A.14; 
 23.34  115A.29; 115A.38; 115A.411; 115A.913, subdivision 5; 115A.9157, 
 23.35  subdivision 4; 115A.965, subdivision 7; 115A.981, subdivision 3; 
 23.36  115B.22, subdivision 8; 115B.43, subdivision 4; 116P.05, 
 24.1   subdivision 1; 216C.051; 256B.504; 473.149, subdivisions 2c and 
 24.2   6; 473.845, subdivision 4; and 473.848, subdivision 4, are 
 24.3   repealed effective June 30, 1996. 
 24.4      (b) Minnesota Statutes 1994, sections 3.873 and 3.885, are 
 24.5   repealed effective June 30, 1997. 
 24.6      Sec. 30.  [EFFECTIVE DATES.] 
 24.7      Sections 1 to 28 are effective June 30, 1996. 
 24.8                              ARTICLE 2
 24.9                         MINNESOTA RESOURCES
 24.10     Section 1.  Minnesota Statutes 1994, section 4.071, 
 24.11  subdivision 2, is amended to read: 
 24.12     Subd. 2.  [MINNESOTA RESOURCES PROJECTS.] The legislature 
 24.13  intends to appropriate one-half of the oil overcharge money for 
 24.14  projects that have been reviewed and recommended by the 
 24.15  legislative commission on division of Minnesota resources.  A 
 24.16  work plan must be prepared for each proposed project for review 
 24.17  by the commission division.  The commission division must 
 24.18  recommend specific projects to the legislature. 
 24.19     Sec. 2.  Minnesota Statutes 1994, section 84.0274, 
 24.20  subdivision 7, is amended to read: 
 24.21     Subd. 7.  [DISCLOSURE.] When the state proposes to purchase 
 24.22  lands for natural resources purposes, the landowner shall must 
 24.23  be given a written statement in lay terms of the rights and 
 24.24  responsibilities provided for in subdivisions 5 and 6.  Before a 
 24.25  purchase can be made, the landowner must sign a statement 
 24.26  acknowledging in writing that the statement has been provided 
 24.27  and explained to the landowner.  Within 60 days following the 
 24.28  date of final approval of Laws 1980, Chapter 45B, the 
 24.29  commissioner of natural resources shall submit a proposed form 
 24.30  for the statement to the legislative commission on division of 
 24.31  Minnesota resources.  The commission division shall review the 
 24.32  proposed form for compliance with the intent of this section and 
 24.33  shall make any changes which it deems proper.  
 24.34     Sec. 3.  Minnesota Statutes 1994, section 85.019, 
 24.35  subdivision 2, is amended to read: 
 24.36     Subd. 2.  [GRANTS FOR PARKS AND TRAILS.] The commissioner 
 25.1   shall administer a program to provide grants to units of 
 25.2   government located within standard metropolitan statistical 
 25.3   areas, as designated by the United States Office of Management 
 25.4   and Budget, but outside of the metropolitan area defined in 
 25.5   section 473.121.  The grants shall be for acquisition and 
 25.6   betterment by units of government of public land and 
 25.7   improvements needed for parks, trails, conservatories, zoos, and 
 25.8   other special use facilities having recreational significance 
 25.9   for the entire population of the particular standard 
 25.10  metropolitan statistical area.  Appropriations made for this 
 25.11  purpose shall be expended with the approval of the governor 
 25.12  after consultation with the legislative advisory commission.  
 25.13  The legislative commission on division of Minnesota resources 
 25.14  shall make recommendations to the legislative advisory 
 25.15  commission regarding the expenditures.  The local contribution 
 25.16  required shall be not less than ten percent.  The program shall 
 25.17  must be administered so as to ensure the maximum possible use of 
 25.18  available federal money. 
 25.19     Sec. 4.  Minnesota Statutes 1994, section 86.72, 
 25.20  subdivision 2, is amended to read: 
 25.21     Subd. 2.  Money appropriated from the account shall must be 
 25.22  expended for state land acquisition and development that is part 
 25.23  of a natural resources acceleration activity, when the 
 25.24  acquisition and development is deemed to be of an emergency or 
 25.25  critical nature.  In addition this money is available for 
 25.26  studies initiated by the legislative commission on division of 
 25.27  Minnesota resources that are found to be proper in order for the 
 25.28  commission to carry out its legislative charge.  
 25.29     Sec. 5.  Minnesota Statutes 1994, section 86.72, 
 25.30  subdivision 3, is amended to read: 
 25.31     Subd. 3.  Requests for allocation from the account for 
 25.32  acquisition or development shall must be accompanied by a 
 25.33  certificate signed by the commissioner of natural resources, 
 25.34  showing a review of the application against chapter 86A.  Copies 
 25.35  of the certification shall must be submitted to the appropriate 
 25.36  legislative committees and commissions.  Appropriations from the 
 26.1   account shall be expended with the approval of the governor 
 26.2   after consultation with the legislative advisory commission.  
 26.3   The legislative commission on division of Minnesota resources 
 26.4   shall make recommendations to the legislative advisory 
 26.5   commission regarding the expenditures. 
 26.6      Sec. 6.  Minnesota Statutes 1994, section 89.022, 
 26.7   subdivision 2, is amended to read: 
 26.8      Subd. 2.  The commissioner of natural resources may apply 
 26.9   to the legislative commission on division of Minnesota resources 
 26.10  for an exemption from the exchange or sale requirements of 
 26.11  subdivision 1 in instances where it can be demonstrated that 
 26.12  unique recreational, historical or scientific values would be 
 26.13  destroyed by the exchange or sale of tillable land or a farm 
 26.14  homestead.  Exemptions shall must be decided by the commission 
 26.15  division on an individual basis.  If the application for 
 26.16  exemption is not decided by the commission division within 90 
 26.17  days, the application shall be is deemed to have been denied. 
 26.18     Sec. 7.  Minnesota Statutes 1994, section 103A.43, is 
 26.19  amended to read: 
 26.20     103A.43 [WATER ASSESSMENTS AND REPORTS.] 
 26.21     (a) The environmental quality board shall evaluate and 
 26.22  report to the legislative water commission and the legislative 
 26.23  commission on division of Minnesota resources on statewide water 
 26.24  research needs and recommended priorities for addressing these 
 26.25  needs.  Local water research needs may also be included.  
 26.26     (b) The environmental quality board shall coordinate a 
 26.27  biennial assessment of water quality, groundwater degradation 
 26.28  trends, and efforts to reduce, prevent, minimize, and eliminate 
 26.29  degradation of water.  
 26.30     (c) The environmental quality board shall coordinate an 
 26.31  assessment of the quantity of surface and ground water in the 
 26.32  state and the availability of water to meet the state's needs. 
 26.33     (d) The environmental quality board shall coordinate and 
 26.34  submit a report on water policy to the legislative water 
 26.35  commission and the legislative commission on division of 
 26.36  Minnesota resources by September 15 of each even-numbered year.  
 27.1   The report may include the groundwater policy report in section 
 27.2   103A.204. 
 27.3      Sec. 8.  Minnesota Statutes 1994, section 103B.321, 
 27.4   subdivision 1, is amended to read: 
 27.5      Subdivision 1.  [GENERAL.] The board shall:  
 27.6      (1) develop guidelines for the contents of comprehensive 
 27.7   water plans that provide for a flexible approach to meeting the 
 27.8   different water and related land resources needs of counties and 
 27.9   watersheds across the state; 
 27.10     (2) coordinate assistance of state agencies to counties and 
 27.11  other local units of government involved in preparation of 
 27.12  comprehensive water plans, including identification of pertinent 
 27.13  data and studies available from the state and federal 
 27.14  government; 
 27.15     (3) conduct an active program of information and education 
 27.16  concerning the requirements and purposes of sections 103B.301 to 
 27.17  103B.355 in conjunction with the association of Minnesota 
 27.18  counties; 
 27.19     (4) determine contested cases under section 103B.345; 
 27.20     (5) establish a process for review of comprehensive water 
 27.21  plans that assures the plans are consistent with state law; 
 27.22     (6) report to the legislative commission on division of 
 27.23  Minnesota resources as required by section 103B.351; and 
 27.24     (7) make grants to counties for comprehensive local water 
 27.25  planning, implementation of priority actions identified in 
 27.26  approved plans, and sealing of abandoned wells. 
 27.27     Sec. 9.  Minnesota Statutes 1994, section 116P.02, is 
 27.28  amended to read: 
 27.29     116P.02 [DEFINITIONS.] 
 27.30     Subdivision 1.  [APPLICABILITY.] The definitions in this 
 27.31  section apply to sections 116P.01 to 116P.13. 
 27.32     Subd. 2.  [ADVISORY COMMITTEE.] "Advisory committee" means 
 27.33  the advisory committee created in section 116P.06. 
 27.34     Subd. 3.  [BOARD.] "Board" means the state board of 
 27.35  investment. 
 27.36     Subd. 4.  [COMMISSION DIVISION.] "Commission" "Division" 
 28.1   means the legislative commission on division of Minnesota 
 28.2   resources.  
 28.3      Subd. 5.  [NATURAL RESOURCES.] "Natural resources" includes 
 28.4   the outdoor recreation system under section 86A.04 and regional 
 28.5   recreation open space systems as defined under section 473.351, 
 28.6   subdivision 1. 
 28.7      Subd. 6.  [TRUST FUND.] "Trust fund" means the Minnesota 
 28.8   environment and natural resources trust fund established under 
 28.9   Minnesota Constitution, article XI, section 14. 
 28.10     Sec. 10.  Minnesota Statutes 1994, section 116P.03, is 
 28.11  amended to read: 
 28.12     116P.03 [TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.] 
 28.13     (a) The trust fund may not be used as a substitute for 
 28.14  traditional sources of funding environmental and natural 
 28.15  resources activities, but the trust fund shall must supplement 
 28.16  the traditional sources, including those sources used to support 
 28.17  the criteria in section 116P.08, subdivision 1.  The trust fund 
 28.18  must be used primarily to support activities whose benefits 
 28.19  become available only over an extended period of time. 
 28.20     (b) The commission must division shall determine the amount 
 28.21  of the state budget spent from traditional sources to fund 
 28.22  environmental and natural resources activities before and after 
 28.23  the trust fund is established and include a comparison of the 
 28.24  amount in the report under section 116P.09, subdivision 7. 
 28.25     Sec. 11.  Minnesota Statutes 1994, section 116P.05, is 
 28.26  amended by adding a subdivision to read: 
 28.27     Subd. 1a.  [DIVISION OF MINNESOTA RESOURCES.] The division 
 28.28  of Minnesota resources is a division in the office of strategic 
 28.29  and long-range planning headed by an assistant director 
 28.30  appointed by the director to serve in the unclassified service.  
 28.31  A state agency, the metropolitan council as defined in section 
 28.32  473.121, subdivision 3, or a metropolitan agency as defined in 
 28.33  section 473.121, subdivision 5a, may not apply for money for 
 28.34  programs subject to the division's approval, except: 
 28.35     (1) temporary projects to collect, assess, or produce 
 28.36  ecological or other natural resource data to guide natural 
 29.1   resource decision making; and 
 29.2      (2) cooperative projects involving federal, local, or 
 29.3   private matching funds. 
 29.4      Sec. 12.  Minnesota Statutes 1994, section 116P.05, 
 29.5   subdivision 2, is amended to read: 
 29.6      Subd. 2.  [DUTIES.] (a) The commission division shall 
 29.7   recommend a budget plan for expenditures from the environment 
 29.8   and natural resources trust fund and shall adopt a strategic 
 29.9   plan as provided in section 116P.08.  
 29.10     (b) The commission division shall recommend expenditures to 
 29.11  the legislature from the Minnesota future resources fund under 
 29.12  section 116P.13.  
 29.13     (c) It is a condition of acceptance of the appropriations 
 29.14  made from the Minnesota future resources fund, Minnesota 
 29.15  environment and natural resources trust fund, and oil overcharge 
 29.16  money under section 4.071, subdivision 2, that the agency or 
 29.17  entity receiving the appropriation must submit a work program 
 29.18  and semiannual progress reports in the form determined by the 
 29.19  legislative commission on division of Minnesota resources.  None 
 29.20  of the money provided may be spent unless the commission 
 29.21  division has approved the pertinent work program. 
 29.22     (d) The peer review panel created under section 116P.08 
 29.23  must also review, comment, and report to the commission division 
 29.24  on research proposals applying for an appropriation from the 
 29.25  Minnesota resources fund and from oil overcharge money under 
 29.26  section 4.071, subdivision 2. 
 29.27     (e) The commission division may adopt operating procedures 
 29.28  to fulfill its duties under sections 116P.01 to 116P.13. 
 29.29     Sec. 13.  Minnesota Statutes 1994, section 116P.06, is 
 29.30  amended to read: 
 29.31     116P.06 [ADVISORY COMMITTEE.] 
 29.32     Subdivision 1.  [MEMBERSHIP.] (a) The governor shall 
 29.33  appoint an advisory committee of 11 citizen members shall be 
 29.34  appointed by the governor to advise the legislative commission 
 29.35  on division of Minnesota resources on project proposals to 
 29.36  receive funding from the trust fund and the development of 
 30.1   budget and strategic plans.  The governor shall appoint at least 
 30.2   one member from each congressional district.  The governor shall 
 30.3   appoint the chair. 
 30.4      (b) The governor's appointees must be confirmed with the 
 30.5   advice and consent of the senate.  The membership terms, 
 30.6   compensation, removal, and filling of vacancies for citizen 
 30.7   members of the advisory committee are governed by section 
 30.8   15.0575. 
 30.9      Subd. 2.  [DUTIES.] (a) The advisory committee shall:  
 30.10     (1) prepare and submit to the commission division a draft 
 30.11  strategic plan to guide expenditures from the trust fund; 
 30.12     (2) review the reinvest in Minnesota program during 
 30.13  development of the draft strategic plan; 
 30.14     (3) gather input from the resources congress during 
 30.15  development of the draft strategic plan; 
 30.16     (4) advise the commission division on project proposals to 
 30.17  receive funding from the trust fund; and 
 30.18     (5) advise the commission division on development of the 
 30.19  budget plan. 
 30.20     (b) The advisory committee may review all project proposals 
 30.21  for funding and may make recommendations to the commission 
 30.22  division on whether the projects:  
 30.23     (1) meet the standards and funding categories set forth in 
 30.24  sections 116P.01 to 116P.12; 
 30.25     (2) duplicate existing federal, state, or local projects 
 30.26  being conducted within the state; and 
 30.27     (3) are consistent with the most recent strategic plan 
 30.28  adopted by the commission division. 
 30.29     Sec. 14.  Minnesota Statutes 1994, section 116P.07, is 
 30.30  amended to read: 
 30.31     116P.07 [RESOURCES CONGRESS.] 
 30.32     The commission division must convene a resources congress 
 30.33  at least once every biennium and shall develop procedures for 
 30.34  the congress.  The congress must be open to all interested 
 30.35  individuals.  The purpose of the congress is to collect public 
 30.36  input necessary to allow the commission division, with the 
 31.1   advice of the advisory committee, to develop a strategic plan to 
 31.2   guide expenditures from the trust fund.  The congress also may 
 31.3   be convened to receive and review reports on trust fund projects.
 31.4   The congress shall also review the reinvest in Minnesota program.
 31.5      Sec. 15.  Minnesota Statutes 1994, section 116P.08, 
 31.6   subdivision 3, is amended to read: 
 31.7      Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
 31.8   division shall adopt a strategic plan for making expenditures 
 31.9   from the trust fund, including identifying the priority areas 
 31.10  for funding for the next six years.  The strategic plan must be 
 31.11  updated every two years.  The plan is advisory only.  
 31.12  The commission division shall submit the plan, as a 
 31.13  recommendation, to the house of representatives appropriations 
 31.14  ways and means and senate finance committees by January 1 of 
 31.15  each odd-numbered year. 
 31.16     (b) The commission division may accept or modify the draft 
 31.17  of the strategic plan submitted to it by the advisory committee 
 31.18  before voting on the plan's adoption. 
 31.19     Sec. 16.  Minnesota Statutes 1994, section 116P.08, 
 31.20  subdivision 4, is amended to read: 
 31.21     Subd. 4.  [BUDGET PLAN.] (a) Funding may be provided only 
 31.22  for those projects that meet the categories established in 
 31.23  subdivision 1. 
 31.24     (b) Projects submitted to the commission division for 
 31.25  funding may be referred to the advisory committee for 
 31.26  recommendation. 
 31.27     (c) The commission division must adopt a budget plan to 
 31.28  make expenditures from the trust fund for the purposes provided 
 31.29  in subdivision 1.  The budget plan must be submitted to the 
 31.30  governor for inclusion in the biennial budget and supplemental 
 31.31  budget submitted to the legislature. 
 31.32     (d) Money in the trust fund may not be spent except under 
 31.33  an appropriation by law.  
 31.34     Sec. 17.  Minnesota Statutes 1994, section 116P.08, 
 31.35  subdivision 5, is amended to read: 
 31.36     Subd. 5.  [PUBLIC MEETINGS.] All advisory committee and 
 32.1   commission meetings must be open to the public.  The commission 
 32.2   shall attempt to meet at least once in each of the state's 
 32.3   congressional districts during each biennium.  
 32.4      Sec. 18.  Minnesota Statutes 1994, section 116P.08, 
 32.5   subdivision 6, is amended to read: 
 32.6      Subd. 6.  [PEER REVIEW.] (a) Research proposals must 
 32.7   include a stated purpose, timeline, potential outcomes, and an 
 32.8   explanation of the need for the research.  All research 
 32.9   proposals must be reviewed by a peer review panel before 
 32.10  receiving an appropriation. 
 32.11     (b) In conducting research proposal reviews, the peer 
 32.12  review panel shall: 
 32.13     (1) comment on the methodology proposed and whether it can 
 32.14  be expected to yield appropriate and useful information and 
 32.15  data; 
 32.16     (2) comment on the need for the research and about similar 
 32.17  existing information available, if any; and 
 32.18     (3) report to the commission division and advisory 
 32.19  committee on clauses (1) and (2). 
 32.20     (c) The peer review panel also must review completed 
 32.21  research proposals that have received an appropriation and 
 32.22  comment and report upon whether the project reached the intended 
 32.23  goals. 
 32.24     Sec. 19.  Minnesota Statutes 1994, section 116P.08, 
 32.25  subdivision 7, is amended to read: 
 32.26     Subd. 7.  [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 
 32.27  review panel must consist of at least five members who are 
 32.28  knowledgeable in general research methods in the areas of 
 32.29  environment and natural resources.  Not more than two members of 
 32.30  the panel may be employees of state agencies in Minnesota. 
 32.31     (b) The commission division shall select a chair every two 
 32.32  years who shall be responsible for convening meetings of the 
 32.33  panel as often as is necessary to fulfill its duties as 
 32.34  prescribed in this section.  Compensation of panel members is 
 32.35  governed by section 15.059, subdivision 3. 
 32.36     Sec. 20.  Minnesota Statutes 1994, section 116P.09, is 
 33.1   amended to read: 
 33.2      116P.09 [ADMINISTRATION.] 
 33.3      Subdivision 1.  [ADMINISTRATIVE AUTHORITY.] The commission 
 33.4   division may appoint legal and other personnel and consultants 
 33.5   necessary to carry out functions and duties of the commission 
 33.6   division.  Permanent employees shall be are in the unclassified 
 33.7   service.  In addition, the commission division may request staff 
 33.8   assistance and data from any other agency of state government as 
 33.9   needed for the execution of the responsibilities of 
 33.10  the commission division and advisory committee and an agency 
 33.11  must promptly furnish it. 
 33.12     Subd. 2.  [LIAISON OFFICERS.] The commission division shall 
 33.13  request each department or agency head of all state agencies 
 33.14  with a direct interest and responsibility in any phase of 
 33.15  environment and natural resources to appoint, and the latter 
 33.16  shall appoint for the agency, a liaison officer who shall work 
 33.17  closely with the commission and its division staff.  
 33.18     Subd. 3.  [APPRAISAL AND EVALUATION.] The commission 
 33.19  division shall obtain and appraise information available through 
 33.20  private organizations and groups, utilizing to the fullest 
 33.21  extent possible studies, data, and reports previously prepared 
 33.22  or currently in progress by public agencies, private 
 33.23  organizations, groups, and others, concerning future trends in 
 33.24  the protection, conservation, preservation, and enhancement of 
 33.25  the state's air, water, land, forests, fish, wildlife, native 
 33.26  vegetation, and other natural resources.  Any data compiled by 
 33.27  the commission shall division must be made available to any 
 33.28  standing or interim committee of the legislature upon the 
 33.29  request of the chair of the respective committee. 
 33.30     Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
 33.31  agency to work on a project and are paid by an appropriation 
 33.32  from the trust fund or Minnesota future resources fund are in 
 33.33  the unclassified civil service, and their continued employment 
 33.34  is contingent upon the availability of money from the 
 33.35  appropriation.  When the appropriation has been spent, their 
 33.36  positions must be canceled and the approved complement of the 
 34.1   agency reduced accordingly.  Part-time employment of persons for 
 34.2   a project is authorized.  The use of classified employees is 
 34.3   authorized when approved as part of the work program required by 
 34.4   section 116P.05, subdivision 2, paragraph (c). 
 34.5      Subd. 5.  [ADMINISTRATIVE EXPENSE.] The administrative 
 34.6   expenses of the commission shall division must be paid from the 
 34.7   various funds administered by the commission division as follows:
 34.8      (1) Through June 30, 1993, the administrative expenses of 
 34.9   the commission division and the advisory committee shall must be 
 34.10  paid from the Minnesota future resources fund.  After that time, 
 34.11  the prorated expenses related to administration of the trust 
 34.12  fund shall must be paid from the earnings of the trust fund. 
 34.13     (2) After June 30, 1993, the prorated expenses related to 
 34.14  administration of the trust fund may not exceed an amount equal 
 34.15  to four percent of the projected earnings of the trust fund for 
 34.16  the biennium. 
 34.17     Subd. 6.  [CONFLICT OF INTEREST.] A commission member 
 34.18  employee, advisory committee member, or peer review panelist, or 
 34.19  an employee of the commission may not participate in or vote on 
 34.20  a decision of the commission division, advisory committee, or 
 34.21  peer review panel relating to an organization in which the 
 34.22  member, panelist, or employee has either a direct or indirect 
 34.23  personal financial interest.  While serving on the legislative 
 34.24  commission, advisory committee, or peer review panel, or being 
 34.25  an employee of the commission division, a person shall avoid any 
 34.26  potential conflict of interest. 
 34.27     Subd. 7.  [REPORT REQUIRED.] The commission division shall, 
 34.28  by January 15 of each odd-numbered year, submit a report to the 
 34.29  governor, the chairs of the house appropriations ways and means 
 34.30  and senate finance committees, and the chairs of the house and 
 34.31  senate committees on environment and natural resources.  Copies 
 34.32  of the report must be available to the public.  The report must 
 34.33  include: 
 34.34     (1) a copy of the current strategic plan; 
 34.35     (2) a description of each project receiving money from the 
 34.36  trust fund and Minnesota future resources fund during the 
 35.1   preceding biennium; 
 35.2      (3) a summary of any research project completed in the 
 35.3   preceding biennium; 
 35.4      (4) recommendations to implement successful projects and 
 35.5   programs into a state agency's standard operations; 
 35.6      (5) to the extent known by the commission division, 
 35.7   descriptions of the projects anticipated to be supported by the 
 35.8   trust fund and Minnesota future resources account during the 
 35.9   next biennium; 
 35.10     (6) the source and amount of all revenues collected and 
 35.11  distributed by the commission division, including all 
 35.12  administrative and other expenses; 
 35.13     (7) a description of the assets and liabilities of the 
 35.14  trust fund and the Minnesota future resources fund; 
 35.15     (8) any findings or recommendations that are deemed proper 
 35.16  to assist the legislature in formulating legislation; 
 35.17     (9) a list of all gifts and donations with a value over 
 35.18  $1,000; 
 35.19     (10) a comparison of the amounts spent by the state for 
 35.20  environment and natural resources activities through the most 
 35.21  recent fiscal year; and 
 35.22     (11) a copy of the most recent compliance audit. 
 35.23     Sec. 21.  Minnesota Statutes 1994, section 116P.10, is 
 35.24  amended to read: 
 35.25     116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 
 35.26     This section applies to projects supported by the trust 
 35.27  fund, the Minnesota future resources fund, and the oil 
 35.28  overcharge money referred to in section 4.071, subdivision 2, 
 35.29  each of which is referred to in this section as a "fund."  The 
 35.30  fund owns and shall take title to the percentage of a royalty, 
 35.31  copyright, or patent resulting from a project supported by the 
 35.32  fund equal to the percentage of the project's total funding 
 35.33  provided by the fund.  Cash receipts resulting from a royalty, 
 35.34  copyright, or patent, or the sale of the fund's rights to a 
 35.35  royalty, copyright, or patent, must be credited immediately to 
 35.36  the principal of the fund.  Before a project is included in the 
 36.1   budget plan, the commission division may vote to relinquish the 
 36.2   ownership or rights to a royalty, copyright, or patent resulting 
 36.3   from a project supported by the fund to the project's proposer 
 36.4   when the amount of the original grant or loan, plus interest, 
 36.5   has been repaid to the fund. 
 36.6      Sec. 22.  Minnesota Statutes 1994, section 116P.11, is 
 36.7   amended to read: 
 36.8      116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
 36.9      (a) The amount biennially available from the trust fund for 
 36.10  the budget plan developed by the commission division consists of 
 36.11  the earnings generated from the trust fund.  Earnings generated 
 36.12  from the trust fund shall must equal the amount of interest on 
 36.13  debt securities and dividends on equity securities.  Gains and 
 36.14  losses arising from the sale of securities shall be are 
 36.15  apportioned as follows:  
 36.16     (1) if the sale of securities results in a net gain during 
 36.17  a fiscal year, the gain shall must be apportioned in equal 
 36.18  installments over the next ten fiscal years to offset net losses 
 36.19  in those years.  If any portion of an installment is not needed 
 36.20  to recover subsequent losses identified in paragraph (b), it 
 36.21  shall must be added to the principal of the fund; and 
 36.22     (2) if the sale of securities results in a net loss during 
 36.23  a fiscal year, the net loss shall must be recovered from the 
 36.24  gains in paragraph (a) apportioned to that fiscal year.  If such 
 36.25  the gains are insufficient, any remaining net loss shall must be 
 36.26  recovered from interest and dividend income in equal 
 36.27  installments over the following ten fiscal years.  
 36.28     (b) For funding projects until fiscal year 1997, the 
 36.29  following additional amounts are available from the trust fund 
 36.30  for the budget plans developed by the commission division:  
 36.31     (1) for the 1991-1993 biennium, up to 25 percent of the 
 36.32  revenue deposited in the trust fund in fiscal years 1990 and 
 36.33  1991; 
 36.34     (2) for the 1993-1995 biennium, up to 20 percent of the 
 36.35  revenue deposited in the trust fund in fiscal year 1992 and up 
 36.36  to 15 percent of the revenue deposited in the fund in fiscal 
 37.1   year 1993; 
 37.2      (3) for the 1993-1995 biennium, up to 25 percent of the 
 37.3   revenue deposited in the trust fund in fiscal years 1994 and 
 37.4   1995, to be expended only for capital investments in parks and 
 37.5   trails; and 
 37.6      (4) for the 1995-1997 biennium, up to ten percent of the 
 37.7   revenue deposited in the fund in fiscal year 1996. 
 37.8      (c) Any appropriated funds not encumbered in the biennium 
 37.9   in which they are appropriated cancel and must be credited to 
 37.10  the principal of the trust fund. 
 37.11     Sec. 23.  Minnesota Statutes 1994, section 116P.12, is 
 37.12  amended to read: 
 37.13     116P.12 [WATER SYSTEM IMPROVEMENT LOAN PROGRAM.] 
 37.14     Subdivision 1.  [LOANS AUTHORIZED.] (a) If the principal of 
 37.15  the trust fund equals or exceeds $200,000,000, the commission 
 37.16  division may vote to set aside up to five percent of the 
 37.17  principal of the trust fund for water system improvement loans.  
 37.18  The purpose of water system improvement loans is to offer below 
 37.19  market rate interest loans to local units of government for the 
 37.20  purposes of water system improvements. 
 37.21     (b) The interest on a loan shall must be calculated on the 
 37.22  declining balance at a rate four percentage points below the 
 37.23  secondary market yield of one-year United States treasury bills 
 37.24  calculated according to section 549.09, subdivision 1, paragraph 
 37.25  (c).  
 37.26     (c) An eligible project must prove that existing federal or 
 37.27  state loans or grants have not been adequate.  
 37.28     (d) Payments on the principal and interest of loans under 
 37.29  this section must be credited to the trust fund.  
 37.30     (e) Repayment of loans made under this section must be 
 37.31  completed within 20 years.  
 37.32     (f) The Minnesota public facilities authority must report 
 37.33  to the commission division each year on the loan program under 
 37.34  this section.  
 37.35     Subd. 2.  [APPLICATION AND ADMINISTRATION.] (a) The 
 37.36  commission division must adopt a procedure for the issuance of 
 38.1   the water system improvement loans by the public facilities 
 38.2   authority.  
 38.3      (b) The commission division must also must ensure that the 
 38.4   loans are administered according to its fiduciary standards and 
 38.5   requirements. 
 38.6      Sec. 24.  Minnesota Statutes 1994, section 116Q.02, is 
 38.7   amended to read: 
 38.8      116Q.02 [STATE RECEIPTS FROM THE FUND.] 
 38.9      Subdivision 1.  [GREAT LAKES PROTECTION ACCOUNT.] Any money 
 38.10  received by the state from the Great Lakes protection fund, 
 38.11  whether in the form of annual earnings or otherwise, must be 
 38.12  deposited in the state treasury and credited to a special Great 
 38.13  Lakes protection account.  Money in the account must may be 
 38.14  spent only as specifically appropriated by law for protecting 
 38.15  water quality in the Great Lakes.  Approved purposes include, 
 38.16  but are not limited to, supplementing in a stable and 
 38.17  predictable manner state and federal commitments to Great Lakes 
 38.18  water quality programs by providing grants to finance projects 
 38.19  that advance the goals of the regional Great Lakes toxic 
 38.20  substances control agreement and the binational Great Lakes 
 38.21  water quality agreement. 
 38.22     Subd. 2.  [LCMR DMR REVIEW.] The legislature intends not to 
 38.23  appropriate money from the Great Lakes protection account until 
 38.24  projects have been reviewed and recommended by the legislative 
 38.25  commission on division of Minnesota resources.  A work plan must 
 38.26  be prepared for each project for review by the commission 
 38.27  division.  The commission division must recommend specific 
 38.28  projects to the legislature. 
 38.29     Sec. 25.  Minnesota Statutes 1994, section 290.431, is 
 38.30  amended to read: 
 38.31     290.431 [NONGAME WILDLIFE CHECKOFF.] 
 38.32     Every individual who files an income tax return or property 
 38.33  tax refund claim form may designate on their the individual's 
 38.34  original return that $1 or more shall must be added to the tax 
 38.35  or deducted from the refund that would otherwise be payable by 
 38.36  or to that individual and paid into an account to be established 
 39.1   for the management of nongame wildlife.  The commissioner of 
 39.2   revenue shall, on the income tax return and the property tax 
 39.3   refund claim form, notify filers of their right to designate 
 39.4   that a portion of their tax or refund shall be paid into the 
 39.5   nongame wildlife management account.  The sum of the amounts so 
 39.6   designated to be paid shall must be credited to the nongame 
 39.7   wildlife management account for use by the nongame program of 
 39.8   the section of wildlife in the department of natural resources.  
 39.9   All interest earned on money accrued in the nongame wildlife 
 39.10  management account shall must be credited to the account by the 
 39.11  state treasurer.  The commissioner of natural resources shall 
 39.12  submit a work program for each fiscal year and semiannual 
 39.13  progress reports to the legislative commission on division of 
 39.14  Minnesota resources in the form determined by the commission 
 39.15  division.  None of the money provided in this section may be 
 39.16  expended unless the commission division has approved the work 
 39.17  program.  
 39.18     The state pledges and agrees with all contributors to the 
 39.19  nongame wildlife management account to use the funds contributed 
 39.20  solely for the management of nongame wildlife projects and 
 39.21  further agrees that it will not impose additional conditions or 
 39.22  restrictions that will limit or otherwise restrict the ability 
 39.23  of the commissioner of natural resources to use the available 
 39.24  funds for the most efficient and effective management of nongame 
 39.25  wildlife. 
 39.26     Sec. 26.  Minnesota Statutes 1994, section 290.432, is 
 39.27  amended to read: 
 39.28     290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 
 39.29     A corporation that files an income tax return may designate 
 39.30  on its original return that $1 or more shall must be added to 
 39.31  the tax or deducted from the refund that would otherwise be 
 39.32  payable by or to that corporation and paid into the nongame 
 39.33  wildlife management account established by section 290.431 for 
 39.34  use by the section of wildlife in the department of natural 
 39.35  resources for its nongame wildlife program.  The commissioner of 
 39.36  revenue shall, on the corporate tax return, notify filers of 
 40.1   their right to designate that a portion of their tax return be 
 40.2   paid into the nongame wildlife management account for the 
 40.3   protection of endangered natural resources.  All interest earned 
 40.4   on money accrued in the nongame wildlife management 
 40.5   account shall must be credited to the account by the state 
 40.6   treasurer.  The commissioner of natural resources shall submit a 
 40.7   work program for each fiscal year to the legislative commission 
 40.8   on division of Minnesota resources in the form determined by the 
 40.9   commission division.  None of the money provided in this section 
 40.10  may be spent unless the commission has approved the work program.
 40.11     The state pledges and agrees with all corporate 
 40.12  contributors to the nongame wildlife account to use the funds 
 40.13  contributed solely for the nongame wildlife program and further 
 40.14  agrees that it will not impose additional conditions or 
 40.15  restrictions that will limit or otherwise restrict the ability 
 40.16  of the commissioner of natural resources to use the available 
 40.17  funds for the most efficient and effective management of those 
 40.18  programs. 
 40.19     Sec. 27.  [REPEALER.] 
 40.20     Minnesota Statutes 1994, section 116P.05, subdivision 1, is 
 40.21  repealed, effective June 30, 1996. 
 40.22     Sec. 28.  [EFFECTIVE DATE.] 
 40.23     Sections 1 to 27 are effective July 1, 1996.