SF 2283

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors; amending
Minnesota Statutes 2006, sections 16B.326, as added if enacted; 151.56, as added
if enacted; 523.24, subdivision 9; Laws 2007, chapter 45, article 1, sections 3,
subdivision 3; 29; Laws 2007, chapter 57, article 1, sections 4, subdivision 4;
5; 164; article 2, sections 3, subdivision 6; 34; 43.

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

Section 1.

Minnesota Statutes 2006, section 523.24, subdivision 9, is amended to read:

Subd. 9.

Fiduciary transactions.

In a statutory short form power of attorney, the
language conferring general authority with respect to fiduciary transactions, means that
the principal authorizes the agent:

(1) to represent and act for the principal in all ways and in all matters affecting any
fund with respect to which the principal is a fiduciary;

(2) to initiate, participate in, and oppose any proceeding, judicial or otherwise, for
the removal, substitution, or surcharge of a fiduciary, to conserve, to invest or to disburse
anything received for the purposes of the fund for which it is received, and to reimburse
the attorney-in-fact for any expenditures properly made by the attorney-in-fact in the
execution of the powers conferred on the attorney-in-fact by the statutory short form
power of attorney;

(3) to agree and contract, in any manner, with any person, and on any terms which
the attorney-in-fact selects for the accomplishment of the purposes enumerated in this
subdivision, and to perform, rescind, reform, release, or modify the agreement or contract
or any other similar agreement or contract made by or on behalf of the principal;

(4) to execute, acknowledge, verify, seal, file, and deliver any consent, designation,
pleading, notice, demand, election, conveyance, release, assignment, check, pledge,
waiver, admission of service, notice of appearance, or other instrument which the
attorney-in-fact deems useful for the accomplishment of any of the purposes enumerated
in this subdivision;

(5) to hire, discharge, and compensate any attorney, accountant, expert witness, or
other assistants, when the attorney-in-fact deems that action to be desirable for the proper
execution by the attorney-in-fact of any of the powers described in this subdivision, and
for the keeping of needed records; and

(6) in general, and in addition to all the specific acts listed in this subdivision, to do
any other acts with respect to a fund of which the principal is a fiduciary.

Nothing in this subdivision authorizes delegation of any power of a fiduciary unless
the power is one the fiduciary is authorized to delegate under the terms of the instrument
governing the exercise of the power or under local law.

For the purposes of clauses (1) to (6), "fund" means any trust, probate estate,
guardianship, conservatorship, escrow, custodianship, or any other fund in which the
principal has, or claims to have, an interest as a fiduciary.

All powers described in this subdivision are exercisable equally with respect to
any fund of which the principal is a fiduciary deleted text begin to deleted text end new text begin at new text end the giving of the power of attorney
or becomes a fiduciary after that time, and whether located in the state of Minnesota
or elsewhere.

Sec. 2.

[CORR07-1]

Laws 2007, chapter 57, article 1, section 4, subdivision 4, is
amended to read:

Subd. 4. Forest Management

44,495,000

43,393,000

Appropriations by Fund
General	24,755,000	24,836,000
Natural Resources	19,483,000	18,293,000
Game and Fish	257,000	264,000

$7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.

By November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the house
and senate committees and divisions having
jurisdiction over environment and natural
resources finance, identifying all firefighting
costs incurred and reimbursements received
in the prior fiscal year. These appropriations
may not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.

$17,983,000 the first year and $18,293,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
89.039, subdivision 2.

Of this amount:

(1) $750,000 each year is for additional staff
to enhance timber sales;

(2) $1,000,000 each year is for forest
improvements;

(3) $1,100,000 each year is for forest road
maintenance;

(4) $600,000 each year is for the ecological
classification system on state forest lands;

(5) $350,000 each year is for the prevention
of invasive species on state forest lands; and

(6) $400,000 each year is for the re-inventory
of state forest lands.

Money for forest road maintenance is
onetime.

$780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.

$40,000 the first year is for the Forest
Resources Council to provide a grant to
the University of Minnesota to prepare a
statewide plan to address the fragmentation
and parcelization of large blocks of forest
land in the state.

$200,000 in fiscal year 2008 is for a grant
to the Forest Resources Research Advisory
Committee to provide direction on research
topics recommended by the governor's task
force on the competitiveness of Minnesota's
primary forest products industry.

$350,000 the first year and $350,000 the
second year are for the FORIST timber
management information system, other
information systems, and for increased
forestry management. The amount in the
second year is also available in the first year.

$257,000 the first year and $264,000 the
second year are from the game and fish
fund to implement ecological classification
systems (ECS) standards on forested
landscapes. This appropriation is from
revenue deposited in the game and fish fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

$110,000 the first year is to develop and
implement a statewide information and
education campaign regarding the statewide
ban on the transport, storage, or use of
nonapproved firewood on state-administered
lands.

$1,500,000 the first year is from the forest
management investment account in the
natural resources fund for the purposes
of section deleted text begin 157 deleted text end new text begin 158 new text end . This is a onetime
appropriation.

$75,000 the first year is to the Forest
Resources Council for a task force on
forest protection and $75,000 the second
year is appropriated to the commissioner
for grants to cities, counties, townships,
special recreation areas, and park and
recreation boards in cities of the first class
for the identification, removal, disposal, and
replacement of dead or dying shade trees
lost to forest pests or disease. For purposes
of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or
environmental purposes with minimal to
residual timber value. The commissioner
shall consult with municipalities; park and
recreation boards in cities of the first class;
nonprofit organizations; and other interested
parties in developing eligibility criteria.

$200,000 in fiscal year 2008 is for a grant
to the Natural Resources Research Institute
for silvicultural research to improve the
quality and quantity of timber fiber. The
appropriation must be matched in the amount
of $200,000 in cash or in-kind contributions
from the forest products industry members of
the Minnesota Forest Productivity Research
Cooperative.

$1,000,000 the first year and $1,000,000
the second year are to support additional
technical and cost-share assistance to
nonindustrial private forest (NIPF)
landowners. The base appropriation in fiscal
year 2010 and later is $500,000.

$200,000 the first year and $200,000 the
second year are to address escalating
land asset management demands, such as
boundary disputes, access easements, and
sale, exchange, and acquisition of forest
lands.

Sec. 3.

[CORR07-1A]

Laws 2007, chapter 57, article 1, section 5, is amended to read:

Sec. 5. BOARD OF WATER AND SOIL RESOURCES

$

32,153,000

$

17,482,000

$4,102,000 the first year and $4,102,000 the
second year are for natural resources block
grants to local governments. The board may
reduce the amount of the natural resources
block grant to a county by an amount equal to
any reduction in the county's general services
allocation to a soil and water conservation
district from the county's previous year
allocation when the board determines that
the reduction was disproportionate. Grants
must be matched with a combination of local
cash or in-kind contributions. The base grant
portion related to water planning must be
matched by an amount that would be raised
by a levy under Minnesota Statutes, section
103B.3369.

$3,566,000 the first year and $3,566,000
the second year are for grants requested
by soil and water conservation districts for
general purposes, nonpoint engineering,
and implementation of the reinvest in
Minnesota conservation reserve program.
Upon approval of the board, expenditures
may be made from these appropriations for
supplies and services benefiting soil and
water conservation districts. Any district
requesting a grant under this paragraph
shall create and maintain a Web page that
publishes, at a minimum, its annual plan,
annual report, annual audit, and annual
budget, including membership dues and
meeting notices and minutes.

$3,285,000 the first year and $3,285,000
the second year are for grants to soil and
water conservation districts for cost-sharing
contracts for erosion control and water
quality management. Of this amount, at least
$1,200,000 the first year and $1,200,000 the
second year are for grants for cost-sharing
contracts to establish and maintain vegetation
buffers of restored native prairie and restored
prairie using seeds of a local ecotype region.
$300,000 the first year and $300,000 the
second year are available to begin county
cooperative weed management programs
on natural lands and private lands enrolled
in state and federal conservation programs
and to restore native plants in selected
invasive species management sites by
providing local native seeds and plants
to landowners for implementation. This
appropriation is available until expended. If
the appropriation in either year is insufficient,
the appropriation in the other year is available
for it. Notwithstanding Minnesota Statutes,
section 103C.501, any balance in the board's
cost-share program that remains from the
fiscal year 2007 appropriation is available
in an amount up to $2,000 for a grant to
the Faribault Soil and Water Conservation
District to pay for erosion repair on the Blue
Earth River, and up to $40,000 is available
for grants to soil and water conservation
districts for Web site development and
reporting; and $100,000 in fiscal years 2008
and 2009 is for evaluating and reporting
on performance, financial, and activity
information of local water management
entities as provided for in section deleted text begin 103 deleted text end new text begin 104 new text end .

The board shall develop a forestry practice
docket for cost-share money. The board shall
develop standards or policies for cost-share
practices for the following purposes: (1)
establishment and maintenance of vegetated
buffers of restored prairie or restored native
prairie using seeds of a local ecotype;
(2) establishment of cooperative weed
management programs on private natural
lands and lands enrolled in state and federal
conservation programs and restoration of
native plants in selected invasive species
management sites by providing local native
seeds and plants to landowners; and (3)
establishment of soil and water conservation
and ecological improvement practices on
private forest lands.

$100,000 the first year and $100,000 the
second year are for a grant to the Red
River Basin Commission to develop a Red
River basin plan and to coordinate water
management activities in the states and
provinces bordering the Red River. The
unencumbered balance in the first year does
not cancel but is available for the second
year.

$14,166,000 is for implementation of the
Clean Water Legacy Act, in accordance
with Minnesota Statutes, chapter 114D, as
follows:

(1) $3,316,000 is for targeted nonpoint
restoration cost-share and incentive
payments, of which up to $3,116,000
is available for grants. Of this amount,
$1,500,000 is for agricultural watershed
restoration projects that are located in a
watershed impaired by nonpoint agricultural
sources and are designed to provide
long-term restoration of surface water
quality through restoration of the natural
hydrological function to working lands. Of
this amount, $500,000 must be contracted for
services with the Minnesota Conservation
Corps. The grant funds are available until
expended;

(2) $3,000,000 is for targeted nonpoint
restoration and protection and technical,
compliance, and engineering assistance
activities, of which up to $2,400,000 is
available for grants, and $225,000 the first
year is to inventory wetland mitigation
opportunities and water quality and
watershed improvement projects in a greater
than 80 percent area and of which $150,000
the first year is to conduct a regionwide
wetland mitigation siting analysis for
greater than 80 percent areas. The $225,000
amount shall include an inventory of the
wetland and water resources that have been
developed on former mine lands and an
analysis of the functions and values of those
wetland and water resources. This is a
onetime appropriation and is available until
June 30, 2009. The $150,000 amount for
analysis shall (i) evaluate wetland mitigation
opportunities in each watershed and wetland
bank service area, (ii) develop goals for
maintaining water quality in the greater than
80 percent areas, and (iii) identify wetland
mitigation opportunities in other regions with
a greater loss of wetlands or with impaired
waters. This is a onetime appropriation and
is available until June 30, 2009. A report on
the analysis outcomes shall be given to the
house and senate chairs of the environment
and natural resources policy and finance
committees by January 15, 2009;

(3) $400,000 is for reporting and evaluating
applied soil and water conservation practices;

(4) $2,450,000 is for grants to implement
county individual sewage treatment system
programs. Of this amount, after a county
has complied with requirements to adopt
ordinances pursuant to Minnesota Statutes,
section 115.55, subdivision 2, the county may
request grants of up to $130,000 to inventory
properties with individual sewage treatment
systems that are an imminent threat to public
health or safety due to water discharges of
untreated sewage, and require compliance
under an applicable ordinance. The grant
amount shall be proportional to the number
of properties expected to be inventoried.
Each county receiving an appropriation
under this paragraph shall report the number
of inspections and the number determined
to be an imminent threat to public health or
safety to the Pollution Control Agency by
February 1 of each year;

(5) $3,000,000 is for feedlot water quality
grants for feedlots under 300 animal units
where there are impaired waters;

(6) $1,000,000 in fiscal year 2008 is for
grants to support local nonpoint source
protection activities related to lake and river
protection and management; and

(7) $1,000,000 in fiscal year 2008 is for
grants to address imminent threat and failing
individual sewage treatment systems.

If the appropriations in clauses (1) to (7) in
either year are insufficient, the appropriation
in the other year is available for it. All of
the money appropriated in clauses (1) to
(7) as grants to local governments shall be
administered through the Board of Water
and Soil Resources' local water resources
protection and management program under
Minnesota Statutes, section 103B.3369.

$100,000 each year is to the Minnesota River
Basin Joint Powers Board, also known as
the Minnesota River Board, for operating
expenses to measure and report the results of
projects in the 12 major watersheds within
the Minnesota River basin.

By January 1, 2008, the board shall report
to the senate and house of representatives
environmental finance divisions on the
financial needs to bring all feedlots in the
state that are under 300 animal units into
compliance with Pollution Control Agency
rules by October 1, 2010, and comply with
the requirements of Minnesota Statutes,
section 116.07, subdivision 7, paragraph (p).

$140,000 the first year and $140,000
the second year are for a grant to Area
II, Minnesota River Basin Projects,
for floodplain management, including
administration of programs.

$1,120,000 the first year and $1,060,000 the
second year may be spent for the following
purposes to support implementation of
the Wetland Conservation Act: $250,000
each year is to make grants to local units
of governments within the 11-county
metropolitan area to improve response to
major wetland violations; $250,000 each
year is for transfer to the commissioner
of natural resources for enforcement of
wetland violations; $500,000 each year is for
staffing to provide adequate state oversight
and technical support to local governments
administering the Wetland Conservation Act;
$60,000 each year is for staff to monitor and
enforce wetland replacement and wetland
bank sites; and $60,000 the first year is
for rulemaking required by changes to the
Wetland Conservation Act. The board must
include in its biennial report to the legislature
information on all state and local units
of government, including special purpose
districts, impacts on wetlands in the state.

$450,000 the first year and $800,000
the second year are to implement
recommendations of the Drainage Work
Group to enhance public drainage and
modernization as follows: $150,000 the first
year is to develop guidelines for drainage
records preservation and modernization;
$500,000 the second year is for cost-share
grants to local governments for public
drainage records modernization; and
$300,000 each year is to provide assistance
to local drainage management officials, to
facilitate the work of the Drainage Work
Group, to staff a drainage assistance team,
and to update the Minnesota Public Drainage
Manual. All of the money appropriated in
this paragraph as grants to local governments
shall be administered through the Board
of Water and Soil Resources' local water
resources protection and management
program under Minnesota Statutes, section
103B.3369.

In addition to other authorities, the Board
of Water and Soil Resources may reduce,
withhold, or redirect grants and other funding
if the local water management entity has
not corrected deficiencies as prescribed in a
notice from the board within one year from
the date of the notice.

$500,000 the first year is to provide grants
for bioenergy crop research and monitoring,
including, but not limited to, water quality,
water quantity utilized, soil carbon storage,
biological diversity, wildlife and habitat
impacts and benefits, and small diameter
woody bioenergy. Of this amount, $300,000
is for a grant to the Minnesota Forest
Resources Council for conducting site level
ecological research and assessments as
identified by the council's biomass technical
committee. Additional money from other
sources should be sought to accomplish this
purpose.

$200,000 in fiscal year 2008 is to develop
clean energy program guidelines and
standards.

$200,000 is for a grant to the city of Gaylord
to construct and reconstruct storm water
sewer drains and related facilities to divert
water that currently drains into Lake Titlow
into holding ponds south of the city. The
cost of reconstructing city streets as part of
this diversion, and as outlined in the city of
Gaylord's street improvement plan, is the
responsibility of the city. This diversion will
keep phosphorus and other chemicals from
entering the lake, and will improve the water
quality of Lake Titlow.

The appropriations for grants in this
section are available until expended. If an
appropriation for grants in either year is
insufficient, the appropriation in the other
year is available for it.

Sec. 4.

[CORR07-1B]

Laws 2007, chapter 57, article 1, section 164, is amended to
read:

Sec. 164. CONSTRUCTION.

Nothing in sections deleted text begin 139, 140, 141, and 162 deleted text end new text begin 140, 141, 142, and 163 new text end affects, alters,
or modifies the authorities, responsibilities, obligations, or powers of the state or any
political subdivision thereof or any federally recognized tribe.

Sec. 5.

[CORR07-1C]

Laws 2007, chapter 57, article 2, section 3, subdivision 6,
is amended to read:

Subd. 6. Energy and Telecommunications

$

23,036,000

$

14,148,000

Appropriations by Fund
General	15,411,000	6,523,000
Special Revenue	7,625,000	7,625,000

The utility subject to Minnesota Statutes,
section 116C.779, shall transfer $7,625,000
in fiscal year 2008 and $7,625,000 in fiscal
year 2009 to the Department of Commerce
on a schedule to be determined by the
commissioner of commerce. The funds must
be deposited in the special revenue fund
and are appropriated to the commissioner
for grants to promote renewable energy
projects and community energy outreach and
assistance. Of the amounts identified:

(1) $500,000 each year for capital grants for
on-farm biogas recovery facilities; eligible
projects will be selected in coordination
with the Department of Agriculture and the
Pollution Control Agency;

(2) $500,000 each year to provide financial
rebates to new solar electricity projects;

(3) $625,000 each year for continued funding
of community energy technical assistance
and outreach on renewable energy and
energy efficiency, as described in section deleted text begin 25 deleted text end new text begin
27 new text end . Of this amount, $125,000 is for technical
assistance in the metropolitan area;

(4) $1,000,000 each year is for technical
analysis and demonstration funding for
automotive technology projects, with a
special focus on plug-in hybrid electric
vehicles and to study environmental-friendly
manufacturing and assembly processes to
identify ones that could employ workers
formerly employed at the St. Paul Ford
manufacturing plant and other large
manufacturing facilities in Minnesota;

(5) $750,000 in the first year is for the
purpose of preparing the hydrogen road map
and making grants under Minnesota Statutes,
section 216B.813;

(6) $2,000,000 in the first year is for deposit
with the rural wind energy development
revolving loan fund under Minnesota
Statutes, section 216C.39;

(7) $2,250,000 the first year and $2,000,000
the second year are to provide competitive,
cost-share grants to fund renewable energy
research in Minnesota. These grants must be
awarded by a three-member panel made up
of the commissioners of commerce, pollution
control, and agriculture, or their designees.
Grant applications must be ranked and grants
issued according to how well the applications
meet state energy policy research goals
established by the commissioners, the quality
and experience of the research teams, the
cross-interdisciplinary and cross-institutional
nature of the research teams, and the ability
of the research team to leverage nonstate
funds; and

(8) $3,000,000 the second year is for a grant
to the Board of Regents of the University of
Minnesota for the Initiative for Renewable
Energy and the Environment. The grant
is for the purposes set forth in Minnesota
Statutes, section 216B.241, subdivision 6.
The appropriation is available until spent.
The budget for this grant to the Board of
Regents of the University of Minnesota for
the Initiative for Renewable Energy and the
Environment is $5,000,000 each year in the
2010-2011 fiscal biennium.

As a condition of this grant, beginning in
the 2010-2011 biennium, the Initiative for
Renewable Energy and the Environment
must set aside at least 15 percent of the
funds received annually under the grant for
qualified projects conducted at a rural campus
or experiment station. Any amount of the
set aside funds that has not been awarded to
a rural campus or experiment station at the
end of the fiscal year must revert back to the
initiative for its exclusive use.

$1,500,000 the first year and $1,500,000 the
second year are for E85 cost-share grants.
The commissioner may reimburse owners
of gasoline service stations for up to 75
percent of the total cost of installing an E85
pump, including the tank and any related
components, up to a maximum of $15,000
per E85 pump. Notwithstanding Minnesota
Statutes, section 16A.28, this appropriation is
available until expended. Up to ten percent of
the funds may be used for cost-share grants to
convert or install underground tanks at retail
gasoline service stations storing biodiesel
fuel that is at least 99.9 percent biodiesel
fuel by volume for on-site blending and for
dispensing systems at retail gasoline service
stations that dispense biodiesel fuel blends of
at least ten percent biodiesel fuel by volume.
In awarding grants, the commissioner of
commerce must consult with the Minnesota
Soybean Growers Association and may
consult with other organizations deemed
appropriate. This is a onetime appropriation.

$4,500,000 the first year is for a onetime
grant to the St. Paul Port Authority in part
for a study related to a steam and electrical
energy facility to supply energy to a customer
using steam in a paper recycling operation.

The port authority shall convene and
regularly involve a citizen advisory
committee composed of members
recommended by St. Paul district councils
11, 12, 13, and 14 and other members as
appropriate to advise on the scope of the
study. The citizen advisory committee
must meet regularly throughout the course
of the study and the development of
recommendations. The citizen advisory
committee shall have the right to include
its separate recommendations as part of the
port authority recommendations submitted at
the public meeting and to the St. Paul City
Council.

The study shall:

(1) assess the economic and technical
feasibility of various fuel types to power the
plant;

(2) provide a full description and analysis of
each fuel type and their respective economic
and noneconomic impacts;

(3) provide a full description and analysis
of each fuel type and their respective
environmental emissions, including carbon
dioxide, and the cost of controlling those
emissions that affect human health;

(4) describe public subsidies related to the
production and use of each fuel type;

(5) describe potential energy efficiency
improvement that can be made to the paper
recycling operation and subsidies available
for each improvement; and

(6) evaluate additional uses for the steam and
electricity produced at the facility and the
cost of infrastructure needed to implement
the additional uses.

In addition, the grant may be used
for environmental review, permitting,
preliminary engineering, and development of
total project cost estimates, including project
design and engineering, other preliminary
work, and a preliminary financing plan for
the steam and electricity producing facility.
The St. Paul Port Authority shall present
the findings of its analysis and its preferred
alternative for an eligible energy technology
fuel mix in at least two public meetings
that must be held in the area encompassing
districts 11, 12, 13, and 14 in the city of
St. Paul. "Eligible energy technology" has
the meaning given in Minnesota Statutes,
section 216B.1691, subdivision 1, except
that it does not include mixed municipal
solid waste as an eligible energy technology.
The recommendation of the St. Paul Port
Authority concerning its preferred alternative
fuel mix must be based on the alternative
that has the least environmental impact
consistent with the economic viability
and technical feasibility of the facility.
Testimony shall be taken at the meetings
from citizens who live in the affected
communities. Resolutions concerning the
facility from district councils 11, 12, 13,
and 14 must be solicited by the city council.
Construction of the facility may not be
commenced unless and until the St. Paul City
Council has adopted a resolution approving
the construction after consideration of the
findings of the port authority, resolutions
from the district councils, and other public
input. The appropriation does not cancel and
is available until expended. Of this amount,
$500,000 is transferred to the Department
of Natural Resources for the Ecological
Services Division to prepare, authorize, and
implement habitat restoration plans on public
or private properties to fulfill ecological
principles of restoration ecology, while
providing roadside access to the byproduct
of the management actions at no cost to the
operator of a biomass-fueled cogeneration
facility located in St. Paul. The division
may provide grants or otherwise transfer
some or all of these funds to other public or
private entities to accomplish these purposes.
If a higher value nonbiomass market is
available for some of the byproduct of this
management, the division is authorized to
sell the material to that market, provided
that all of the proceeds are spent for the
further purposes of this appropriation.
The nonbiomass market sales of material
from this management cannot exceed 20
percent by weight of the total byproducts
produced by all approved activities under
this appropriation. The restoration activities
shall take place on land located within 75
miles by road of the city of St. Paul. The
division shall consult with the operator of the
biomass facility and other appropriate parties
regarding planned projects to be funded with
this appropriation. The division shall report
annually to the legislative policy and finance
committees for natural resources and energy
regarding the expenditures and results of the
program. This appropriation does not cancel
but is available until spent.

$150,000 the first year is appropriated to the
commissioner of commerce for grants for
demonstration projects of electric vehicles
with advanced transmission technologies
incorporating, if feasible, batteries,
converters, and other components developed
in Minnesota. Funds may be expended
under the grants only if grantees enter into
agreements specifying that commercial
production of these vehicles and components
will, to the extent possible, take place in
Minnesota.

(a) $1,000,000 each year is to the Center for
Rural Policy and Development at Minnesota
State University at Mankato to make a grant
to a nonprofit organization with experience
dealing with energy and community wind
issues to design and implement a rural wind
energy development assistance program.
This is a onetime only appropriation. The
program must be designed to maximize rural
economic development and stabilize rural
community institutions, including hospitals
and schools, by increasing the income of
local residents and increasing local tax
revenues. The grant may be disbursed in
two installments. The program must provide
assistance to rural entities seeking to develop
wind energy electric generation projects
and to sell the energy from the projects.
Among other strategies, the program may
consider combining rural entities and others
into groups with the size and market power
necessary for planning and developing
significant rural wind energy projects.

(b) The program must provide assistance by,
among other things:

(1) providing legal, engineering, and
financial services;

(2) identifying target communities with
favorable wind resources, community
interest, and local political support;

(3) providing assistance to reserve, obtain,
and assure the maintenance over time of
wind turbines;

(4) creating market opportunities for utilities
to meet their renewable energy obligations
through purchases of rural community wind;

(5) assisting in the negotiation of fair power
purchase agreements;

(6) facilitating transmission interconnection
and delivery of energy from rural and
community wind projects; and

(7) lowering the market risk facing potential
wind investors by supporting local wind
development from start to finish.

The grantee must demonstrate an ability
to sustain program functions with ongoing
revenue from sources other than state funding
and shall provide a 35 percent grant match
in the first year. The grant must be awarded
on a competitive basis. The center must use
best practices regarding grant management
functions, including selection and monitoring
of the grantee, compliance review, and
financial oversight. Grant management fees
are limited to 2.5 percent of the grant.

(c) The commissioner of commerce shall
monitor the activities of the rural wind
energy development assistance program
created under paragraphs (a) to (c). By
November 1, 2008, the commissioner shall
submit an evaluation of the program to
the chairs of the house of representatives
and senate committees with jurisdiction
over energy policy and finance, including
recommendations for legislative or
administrative action to better achieve the
program goals described in paragraph (a).

$1,000,000 in fiscal year 2008 is for
distribution to eligible households for home
heating assistance during the 2007 calendar
year. The commissioner must distribute
funds to eligible households according to
the formula developed for the distribution
of the federal Low-Income Home Energy
Assistance Program for fiscal year 2008.
This appropriation is available until spent.

$3,250,000 the first year is for the renewable
hydrogen initiative in Minnesota Statutes,
section 216B.813, to fund the competitive
grant program included in that section. The
commissioner may use up to two percent of
the competitive grant program appropriation
for grant administration and to develop and
implement the renewable hydrogen road
map. This is a onetime appropriation and is
available until expended.

$50,000 the first year is a onetime
appropriation for a comprehensive technical,
economic, and environmental analysis of the
benefits to be derived from greater use in this
state of geothermal heat pump systems for
heating and cooling air and heating water.
The analysis must:

(1) estimate the extent of geothermal heat
pump systems currently installed in this state
in residential, commercial, and institutional
buildings;

(2) estimate energy and economic savings of
geothermal heat pump systems in comparison
with fossil fuel-based heating and cooling
systems, including electricity use, on a
capital cost and life-cycle cost basis, for both
newly constructed and retrofitted residential,
commercial, and institutional buildings;

(3) compare the emission of pollutants and
greenhouse gases from geothermal heat
pump systems and fossil fuel-based heating
and cooling systems;

(4) identify financial assistance available
from state and federal sources and Minnesota
utilities to defray the costs of installing
geothermal heat pump systems;

(5) identify Minnesota firms currently
manufacturing or installing the physical
components of geothermal heat pump
systems and estimate the economic
development potential in this state if demand
for such systems increases significantly;

(6) identify the barriers to more widespread
adoption of geothermal heat pump systems in
this state and suggest strategies to overcome
those barriers; and

(7) make recommendations for legislative
action.

Not later than March 15, 2008, the
commissioner shall submit the results of the
analysis in a report to the chairs of the senate
and house of representatives committees
with primary jurisdiction over energy policy.

$45,000 the first year is a onetime
appropriation for a grant to Linden Hills
Power and Light for preliminary engineering
design work and other technical and legal
services required for a community digester
and neighborhood district heating and
cooling system demonstration project in the
Linden Hills neighborhood of Minneapolis.
Funds may be expended upon a determination
by the commissioner of commerce that the
project is technically and economically
feasible. A portion of the appropriation
may be used to expand the scope of the
project feasibility study to include portions
of adjacent communities including St. Louis
Park and Edina.

Sec. 6.

[CORR07-1D]

Laws 2007, chapter 57, article 2, section 34, is amended to read:

Sec. 34. DEFINITIONS.

For purposes of sections deleted text begin 32 to 34 deleted text end new text begin 34 to 36 new text end , the following definitions apply:

(1) "terrestrial carbon sequestration" means the long-term storage of carbon in soil
and vegetation to prevent its collection in the atmosphere as carbon dioxide; and

(2) "geologic carbon sequestration" means injecting carbon dioxide into underground
geologic formations where it can be stored for long periods of time to prevent its escape
to the atmosphere.

Sec. 7.

[CORR07-1E]

Laws 2007, chapter 57, article 2, section 43, is amended to read:

Sec. 43. EFFECTIVE DATE.

Sections 13, deleted text begin 39, and 40 deleted text end new text begin 41, and 42 new text end are effective September 1, 2008.

Sec. 8.

[CORR07-2]

Minnesota Statutes, section 16B.326, as added by Laws 2007,
chapter 77, section 1, if enacted, is amended to read:

Section 1.

[16B.326] HEATING AND COOLING SYSTEMS; STATE-FUNDED
BUILDINGS.

The commissioner must review deleted text begin and study deleted text end new text begin project proposers study for new text end geothermal
and solar thermal applications as possible uses for heating or cooling for all building
projects subject to a predesign review under section 16B.335 that receive any state funding
for replacement of heating or cooling systems. When practicable, geothermal and solar
thermal heating and cooling systems must be considered when designing, planning, or
letting bids for necessary replacement or initial installation of cooling or heating systems
in new or existing buildings that are constructed or maintained with state funds. The
predesign review must include a written plan for compliance with this section from
a project proposer.

For the purposes of this section, "solar thermal" means a flat plate or evacuated tube
with a fixed orientation that collects the sun's radiant energy and transfers it to a storage
medium for distribution as energy for heating and cooling.

Sec. 9.

[CORR07-3]

Minnesota Statutes, section 151.56, as added by S.F. No. 1959,
section 4, if enacted, is amended to read:

Sec. 4.

[151.56] COUNTY RETURN OF UNUSED DRUGS OR MEDICAL
DEVICES.

Notwithstanding Minnesota Rules, part 6800.2700, pharmacies may accept returns
of deleted text begin unused drugs deleted text end and new text begin redispense unopened, unused drugs in board-approved unit dose
packaging and new text end medical devices from county jails and juvenile correctional facilities. In
order to return unused drugs and medical devices, the county jail or juvenile correctional
facility must have a deleted text begin trained medication technician deleted text end new text begin correctional employee trained in the
delivery and storage of medications new text end on hand twenty-four hours a day, seven days a week
and the medication must be stored in a secured locked storage locker.

Sec. 10.

[CORR07-4]

Laws 2007, chapter 45, article 1, section 3, subdivision 3, is
amended to read:

Subd. 3. Agricultural Marketing and Development

8,547,000

5,157,000

$186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants
for Minnesota grown promotion under
Minnesota Statutes, section 17.102. Grants
may be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2009, for Minnesota grown
grants in this paragraph are available until
June 30, 2011. $50,000 of the appropriation
in each year is for efforts that identify
and promote Minnesota grown products
in retail food establishments including but
not limited to restaurants, grocery stores,
and convenience stores. The balance in the
Minnesota grown matching account in the
agricultural fund is canceled to the Minnesota
grown account in the agricultural fund and
the Minnesota grown matching account is
abolished.

$160,000 the first year and $160,000 the
second year are for grants to farmers for
demonstration projects involving sustainable
agriculture as authorized in Minnesota
Statutes, section 17.116. Of the amount
for grants, up to $20,000 may be used for
dissemination of information about the
demonstration projects. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract
on or before June 30, 2009, for sustainable
agriculture grants in this paragraph are
available until June 30, 2011.

$100,000 the first year and $100,000
the second year are to provide training
and technical assistance to county and
town officials relating to livestock siting
issues and local zoning and land use
planning, including a checklist template that
would clarify the federal, state, and local
government requirements for consideration
of an animal agriculture modernization
or expansion project. In developing
the training and technical assistance
program, the commissioner shall seek
guidance, advice, and support of livestock
producer organizations, general agricultural
organizations, local government associations,
academic institutions, other government
agencies, and others with expertise in land
use and agriculture.

$103,000 the first year and $106,000 the
second year are for additional integrated pest
management activities.

$2,500,000 the first year is for the agricultural
best management practices loan program. At
least $2,000,000 is available for pass-through
to local governments and lenders for
low-interest loans. new text begin This appropriation is
available until spent.
new text end

$1,000,000 the first year is for the agricultural
best management practices loan program for
capital equipment loans for persons using
native, perennial cropping systems for energy
or seed production. This appropriation is
available until spent.

$100,000 the first year and $100,000 the
second year are for annual cost-share
payments to resident farmers or persons
who sell, process, or package agricultural
products in this state for the costs of organic
certification. Annual cost-share payments
per farmer must be two-thirds of the cost
of the certification or $350, whichever is
less. In any year that a resident farmer or
person who sells, processes, or packages
agricultural products in this state receives
a federal organic certification cost-share
payment, that resident farmer or person is
not eligible for state cost-share payments.
A certified farmer is eligible to receive
annual certification cost-share payments for
up to five years. $15,000 each year is for
organic market and program development.
The commissioner may allocate any excess
appropriation in either fiscal year for organic
producer education efforts, assistance for
persons transitioning from conventional
to organic agriculture, or sustainable
agriculture demonstration grants authorized
under Minnesota Statutes, section 17.116,
and pertaining to organic research or
demonstration. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.

Sec. 11.

[CORR07-4A]

Laws 2007, chapter 45, article 1, section 29, is amended to
read:

Sec. 29.

[18C.70] MINNESOTA AGRICULTURAL FERTILIZER
RESEARCH AND EDUCATION COUNCIL.

Subdivision 1.

Establishment; membership.

(a) The Minnesota Agricultural
Fertilizer Research and Education Council is established. The council is composed of
12 voting members as follows:

(1) two members of the Minnesota Crop Production Retailers;

(2) one member of the Minnesota Corn Growers Association;

(3) one member of the Minnesota Soybean Growers Association;

(4) one member of the sugar beet growers industry;

(5) one member of the Minnesota Association of Wheat Growers;

(6) one member of the potato growers industry;

(7) one member of the Minnesota Farm Bureau;

(8) one member of the Minnesota Farmers Union;

(9) one member from the Minnesota Irrigators Association;

(10) one member of the Minnesota Grain and Feed Association; and

(11) one member of the Minnesota Independent Crop Consultant Association or the
Minnesota certified crop advisor program.

(b) Council members shall serve three-year terms. After the initial council is
appointed, subsequent appointments must be staggered so that one-third of council
membership is replaced each year. Council members must be nominated by their
organizations and appointed by the commissioner. The council may add ex-officio
members at its discretion. The council must meet at least once per year, with all
related expenses reimbursed by members' sponsoring organizations or by the members
themselves.

Subd. 2.

Powers and duties.

The council must review applications and select
projects to receive agricultural fertilizer research and education program grants, as
authorized in section 18C.71. The council must establish a program to provide grants to
research, education, and technology transfer projects related to agricultural fertilizer, soil
amendments, and plant amendments. For the purpose of this section, "fertilizer" includes
soil amendments and plant amendments, but does not include vegetable or animal manures
that are not manipulated. The commissioner is responsible for all fiscal and administrative
duties in the first year and may use up to eight percent of program revenue to offset costs
incurred. No later than deleted text begin October 1, 2007 deleted text end new text begin February 15, 2008 new text end , the commissioner must
provide the council with an estimate of the annual costs the commissioner would incur in
administering the program.

Subd. 3.

Checkoff fees.

The council may recommend to the governor and
legislature a checkoff fee to provide funding for grants under section 18C.71.

Subd. 4.

Rules.

The commissioner's duties under this section and section 18C.71
are not subject to the provisions of chapter 14.

Subd. 5.

Expiration.

This section expires January 8, 2017.

Sec. 12. new text begin LONG-TERM HOMELESSNESS APPROPRIATION.
new text end

[CORR07-5]

new text begin $2,000,000 the first year is appropriated from the general fund to the commissioner
of human services for implementation of programs to address long-term homelessness.
This appropriation is available until June 30, 2009. This is a onetime appropriation. This
appropriation supersedes and replaces any appropriation for the same purpose in H. F.
No. 1078, if enacted.
new text end

Sec. 13. new text begin HEALTH INSURANCE EXCHANGE STUDY.
new text end

[CORR07-5A]

new text begin $500,000 is appropriated from the general fund the first year to the commissioner of
human services to be transferred to the commissioner of health to report to the legislature
by February 1, 2008, with recommendations on establishing a health insurance exchange
as described in H. F. No. 1078, if enacted. This appropriation supersedes and replaces any
appropriation for the same purpose to H. F. No. 1078, if enacted.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section in this act takes effect at the time the
provision being corrected takes effect.
new text end