SF 3338

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; modifying certain environment and natural
resource programs; modifying previous appropriations; providing for economic
development; modifying the administration and operation of state government;
regulating installation of carbon monoxide alarms; amending Minnesota Statutes
2004, sections 16B.325; 43A.08, subdivision 1a; 80C.01, subdivision 4;
97A.045, subdivision 11; 115.03, by adding a subdivision; 115B.48, subdivision
3; 116J.421, subdivision 3; 116L.04, subdivisions 1, 1a; 116L.12, subdivision
4; 178.03, by adding a subdivision; 183.02, by adding a subdivision; 216C.41,
subdivision 4; 298.22, subdivisions 1, 8, by adding a subdivision; 298.2213,
subdivision 4; 298.223, subdivisions 2, 3; 446A.03, subdivision 5; 446A.12,
subdivision 1; 473.252, subdivision 3; Minnesota Statutes 2005 Supplement,
sections 115C.09, subdivision 3j; 216C.052, subdivisions 3, 4; 216C.41,
subdivision 3; 298.296, subdivision 1; 298.298; 327.201; Laws 2005, First
Special Session chapter 1, article 2, section 11, subdivision 10; proposing coding
for new law in Minnesota Statutes, chapters 80C; 299F; repealing Minnesota
Statutes 2004, section 17.10.

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

ARTICLE 1

ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE

Section 1.

Minnesota Statutes 2004, section 97A.045, subdivision 11, is amended to
read:

Subd. 11.

Power to prevent or control wildlife disease.

(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.

(b) new text begin The commissioner shall restrict wildlife feeding within a 15-mile radius of a
cattle herd that is infected with bovine tuberculosis.
new text end

new text begin (c) new text end The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.

Sec. 2.

Minnesota Statutes 2004, section 115.03, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Nutrient loading offset. new text end

new text begin Prior to the completion of a total maximum
daily load for an impaired water, the Pollution Control Agency may issue a permit for
a new discharger or an expanding discharger if it does not result in increased loading to
an impaired water. Where a new discharger or an expanding existing discharger cannot
effectively implement zero discharge options, the agency may issue a permit if the
increased loading is offset by reductions from other sources of loading to the impaired
water. The term "new discharger" is as defined in Code of Federal Regulations, title
40, section 122.2.
new text end

Sec. 3.

Minnesota Statutes 2004, section 115B.48, subdivision 3, is amended to read:

Subd. 3.

Dry cleaning facility.

"Dry cleaning facility" means a facility located in
this state that is or has been used for a dry cleaning operation, other than:

(1) a coin-operated dry cleaning operation;

(2) a facility located on a United States military base;

(3) a uniform service or linen supply facility;

(4) a prison or other penal institution;

(5) a facility on the national priorities list established under the federal Superfund
Act; or

(6) a facility at which a response action has been taken or started deleted text begin under section
115B.17 deleted text end before July 1, 1995, except as authorized in a settlement agreement approved by
the commissioner by July 1, 1997.

Sec. 4.

Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision
10, is amended to read:

Subd. 10. Energy

1,896,000

1,896,000

Summary by Fund
Trust Fund	1,896,000	1,896,000

(a) Clean Energy Resource Teams and
Community Wind Energy Rebate new text begin and
Financial Assistance new text end Program

$350,000 the first year and $350,000 the
second year are from the trust fund to the
commissioner of commerce. $300,000 of
this appropriation is to provide technical
assistance to implement cost-effective
conservation, energy efficiency, and
renewable energy projects. $400,000 of this
appropriation is to assist deleted text begin two deleted text end Minnesota
communities in developing locally owned
wind energy projects by offering financial
assistance new text begin and new text end rebates. new text begin This appropriation
is available until June 30, 2009, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program. new text end

(b) [Paragraph (b) was vetoed by the
governor.]

(c) Manure Methane Digester Compatible
Wastes and Electrical Generation

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of agriculture to research the
potential for a centrally located, multifarm
manure digester and the potential use of
compatible waste streams with manure
digesters.

(d) Dairy Farm Digesters

$168,000 the first year and $168,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the Minnesota Project for a
pilot project to evaluate anaerobic digester
technology on average size dairy farms of
50 to 300 cows.

(e) Wind to Hydrogen Demonstration

$400,000 the first year and $400,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with the University of Minnesota,
West Central Research and Outreach Center,
to develop a model community-scale
wind-to-hydrogen facility.

(f) Natural Gas Production from Agricultural
Biomass

$50,000 the first year and $50,000 the
second year are from the trust fund to the
commissioner of natural resources for an
agreement with Sebesta Blomberg and
Associates to demonstrate potential natural
gas yield using anaerobic digestion of blends
of chopped grasses or crop residue with hog
manure and determine optimum operating
conditions for conversion to natural gas.

(g) Biomass-Derived Oils for Generating
Electricity and Reducing Emissions

$75,000 the first year and $75,000 the second
year are from the trust fund to the University
of Minnesota to evaluate the environmental
and performance benefits of using renewable
biomass-derived oils, such as soybean oil,
for generating electricity.

(h) [Paragraph (h) was vetoed by the
governor.]

(i) [Paragraph (i) was vetoed by the
governor.]

Sec. 5. new text begin CARRYFORWARD.
new text end

new text begin The appropriation under Laws 2003, chapter 128, article 1, section 9, subdivision
6, paragraph (c), for local initiative grants - parks and natural areas, is available until
June 30, 2007.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 17.10, new text end new text begin is repealed.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective the day following final enactment.
new text end

ARTICLE 2

ECONOMIC DEVELOPMENT

Section 1.

Minnesota Statutes 2004, section 16B.325, is amended to read:

16B.325 SUSTAINABLE BUILDING GUIDELINES.

new text begin Subdivision 1. new text end

new text begin Energy, lighting, air quality, and other guidelines. new text end

The Department
of Administration and the Department of Commerce, with the assistance of other agencies,
shall develop sustainable building design guidelines for all new state buildings by January
15, 2003. The primary objectives of these guidelines are to ensure that all new state
buildings initially exceed existing energy code, as established in Minnesota Rules, chapter
7676, by at least 30 percent. The guidelines must focus on achieving the lowest possible
lifetime cost for new buildings and allow for changes in the guidelines that encourage
continual energy conservation improvements in new buildings. The design guidelines
must establish sustainability guidelines that include air quality and lighting standards and
that create and maintain a healthy environment and facilitate productivity improvements;
specify ways to reduce material costs; and must consider the long-term operating costs of
the building, including the use of renewable energy sources and distributed electric energy
generation that uses a renewable source or natural gas or a fuel that is as clean or cleaner
than natural gas. In developing the guidelines, the departments shall use an open process,
including providing the opportunity for public comment. The guidelines established under
this deleted text begin section deleted text end new text begin subdivision new text end are mandatory for all new buildings receiving funding from the
bond proceeds fund after January 1, 2004.

new text begin Subd. 2. new text end

new text begin Greenhouse gases. new text end

new text begin The Department of Administration and the Department
of Commerce, with the assistance of other agencies, shall report to the legislature by
March 15, 2007, on guidelines and procedures for a requirement that no net increases
in greenhouse gases are allowed as a result of new building projects. The guidelines
established under this subdivision are mandatory for all new buildings receiving funding
from the bond proceeds fund after January 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the
following agencies may designate additional unclassified positions according to this
subdivision: the Departments of Administration; Agriculture; Commerce; Corrections;
Education; Employee Relations; Employment and Economic Development new text begin ; Explore
Minnesota Tourism new text end ; Finance; Health; Human Rights; Labor and Industry; Natural
Resources; Public Safety; Human Services; Revenue; Transportation; and Veterans
Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the state
Board of Investment; the Office of Administrative Hearings; the Office of Environmental
Assistance; the Offices of the Attorney General, Secretary of State, and State Auditor;
the Minnesota State Colleges and Universities; the Higher Education Services Office; the
Perpich Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating
specifically to that agency;

(2) the person occupying the position would report directly to the agency head or
deputy agency head and would be designated as part of the agency head's management
team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or
other technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant
to the agency head; and

(7) the commissioner has approved the designation as being consistent with the
standards and criteria in this subdivision.

Sec. 3.

Minnesota Statutes 2004, section 80C.01, subdivision 4, is amended to read:

Subd. 4.

Franchise.

(a) "Franchise" means (1) a contract or agreement, either
express or implied, whether oral or written, for a definite or indefinite period, between
two or more persons:

(i) by which a franchisee is granted the right to engage in the business of offering or
distributing goods or services using the franchisor's trade name, trademark, service mark,
logotype, advertising, or other commercial symbol or related characteristics;

(ii) in which the franchisor and franchisee have a community of interest in the
marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise; and

(iii) for which the franchisee pays, directly or indirectly, a franchise fee; or

(2) a contract, lease, or other agreement, either express or implied, whether oral or
written, for a definite or indefinite period, between two or more persons, whereby the
franchisee is authorized, permitted, or granted the right to market motor vehicle fuel at
retail under the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics owned or controlled by the franchisor; or

(3) the sale or lease of any products, equipment, chattels, supplies, or services to the
purchaser, other than the sale of sales demonstration equipment, materials or samples for a
total price of $500 or less to any one person, for the purpose of enabling the purchaser
to start a business and in which the seller:

(i) represents that the seller, lessor, or an affiliate thereof will provide locations or
assist the purchaser in finding locations for the use or operation of vending machines,
racks, display cases, or similar devices, or currency operated amusement machines or
devices, on premises neither owned or leased by the purchaser or seller; or

(ii) represents that the seller will purchase any or all products made, produced,
fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the
supplies, services, or chattels sold to the purchaser; or

(iii) guarantees that the purchaser will derive income from the business which
exceeds the price paid to the seller; or

(4) an oral or written contract or agreement, either expressed or implied, for a
definite or indefinite period, between two or more persons, under which a manufacturer,
selling security systems through dealers or distributors in this state, requires regular
payments from the distributor or dealer as royalties or residuals for products purchased
and paid for by the dealer or distributor.

(b) "Franchise" does not include any business which is operated under a lease or
license on the premises of the lessor or licensor as long as such business is incidental to
the business conducted by the lessor or licensor on such premises, including, without
limitation, leased departments, licensed departments, and concessions.

(c) "Franchise" does not include any contract, lease or other agreement whereby the
franchisee is required to pay less than $100 on an annual basis, except those franchises
identified in paragraph (a), clause (2).

(d) "Franchise" does not include a contract, lease or other agreement between a new
motor vehicle manufacturer, distributor, or factory branch and a franchisee whereby the
franchisee is granted the right to market automobiles, motorcycles, trucks, truck-tractors,
or self-propelled motor homes or campers if the foregoing are designed primarily for the
transportation of persons or property on public highways.

(e) "Franchise" does not include a contract, lease, or other agreement or arrangement
between two or more air carriers, or between one or more air carriers and one or more
foreign air carriers. The terms "air carrier" and "foreign air carrier" shall have the
meanings assigned to them by the Federal Aviation Act, United States Code Appendix,
title 49, sections 1301(3) and 1301(22), respectively.

new text begin (f) For purposes of paragraph (a), clause (2), "franchise" does not include the
marketing of motor vehicle fuel in circumstances where all the following are present:
new text end

new text begin (1) the franchisor or an affiliate of the franchisor is not a refiner of motor vehicle
fuel, diesel fuel, or gasoline;
new text end

new text begin (2) the franchisor's trade name, trademark, service mark, logotype, or other
commercial symbol or related characteristics is not used to identify the marketing premises
generally, but only the gasoline dispensers, canopy, and gasoline price signage, provided,
however, this circumstance is not changed by a voluntary decision by the retailer to
identify the buildings on the premises in the manner selected by the retailer;
new text end

new text begin (3) the franchisor does not impose any requirements or franchise fee on nonmotor
vehicle fuel products or sales, provided this circumstance is not changed by a voluntary
decision by the retailer to purchase nonmotor vehicle fuel products from the franchisor or
an affiliate of the franchisor; and
new text end

new text begin (4) the facility is not leased from the franchisor or affiliate of the franchisor.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end For purposes of this chapter, a person who sells motor vehicle fuel at
wholesale who does not own or control, or is not an affiliate of a person who owns or
controls, the trademark, trade name, service mark, logotype, or other commercial symbol
or related characteristics under which the motor vehicle fuel is sold at retail, is not a
franchisor or a franchisee, and is not considered to be part of a franchise relationship.

Sec. 4.

new text begin [80C.144] EXEMPT MOTOR FUEL FRANCHISES; ALTERNATIVE
COMPLIANCE.
new text end

new text begin A motor fuel franchise exempt from regulation under this chapter pursuant to section
80C.01, subdivision 4, paragraph (f), is subject to regulation under chapter 80F.
new text end

Sec. 5.

Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3j, is
amended to read:

Subd. 3j.

Retail locations and transport vehicles.

(a) As used in this subdivision,
"retail location" means a facility located in the metropolitan area as defined in section
473.121, subdivision 2, where gasoline is offered for sale to the general public for use in
automobiles and trucks. "Transport vehicle" means a liquid fuel cargo tank used to deliver
gasoline into underground storage tanks during 2002 deleted text begin and deleted text end new text begin or new text end 2003 at a retail location.

(b) Notwithstanding any other provision in this chapter, and any rules adopted under
this chapter, the board shall reimburse 90 percent of an applicant's cost for retrofits of
retail locations and transport vehicles completed between January 1, 2001, and deleted text begin January deleted text end new text begin
September new text end 1, 2006, to comply with section 116.49, subdivisions 3 and 4, provided that the
board determines the costs were incurred and reasonable. The reimbursement may not
exceed $3,000 per retail location and $3,000 per transport vehicle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2003.
new text end

Sec. 6.

Minnesota Statutes 2004, section 116J.421, subdivision 3, is amended to read:

Subd. 3.

Duties.

The center shall:

(1) research and identify present and emerging social and economic issues for rural
Minnesota, including health care, transportation, crime, housing, and job training;

(2) forge alliances and partnerships with rural communities to find practical solutions
to economic and social problems;

(3) provide a resource center for rural communities on issues of importance to them;

(4) encourage collaboration across higher education institutions to provide
interdisciplinary team approaches to problem solving with rural communities; deleted text begin and
deleted text end

(5) involve students in center projects new text begin ; and
new text end

new text begin (6) submit to the legislature a report on the "State of Rural Minnesota" no later
than March 1 in each odd-numbered year new text end .

Sec. 7.

Minnesota Statutes 2004, section 116L.04, subdivision 1, is amended to read:

Subdivision 1.

Partnership program.

(a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using the following
guidelines:

(1) the educational or other nonprofit educational institution is a provider of training
within the state in either the public or private sector;

(2) the program involves skills training that is an area of employment need; and

(3) preference will be given to educational or other nonprofit training institutions
which serve economically disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.

(b) A single grant to any one institution shall not exceed $400,000. deleted text begin Up to 25 percent deleted text end
new text begin A portion new text end of a grant may be used for preemployment training.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2004, section 116L.04, subdivision 1a, is amended to read:

Subd. 1a.

Pathways program.

The pathways program may provide grants-in-aid
for developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.

Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions for education and training programs and services supporting education and
training programs that serve eligible recipients.

Preference shall be given to projects that:

(1) provide employment with benefits paid to employees;

(2) provide employment where there are defined career paths for trainees;

(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and

(4) demonstrate the active participation of Department of Employment and
Economic Development workforce centers, Minnesota State College and University
institutions and other educational institutions, and local welfare agencies.

Pathways projects must demonstrate the active involvement and financial
commitment of private business. Pathways projects must be matched with cash or in-kind
contributions on at least a one-to-one ratio by participating private business.

A single grant to any one institution shall not exceed $400,000. deleted text begin Up to 25 percent of deleted text end
new text begin A portion of new text end a grant may be used for preemployment training.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2004, section 116L.12, subdivision 4, is amended to read:

Subd. 4.

Grants.

Within the limits of available appropriations, the board shall make
grants not to exceed $400,000 each to qualifying consortia to operate local, regional, or
statewide training and retention programs. Grants may be made from TANF funds, general
fund appropriations, and any other funding sources available to the board, provided the
requirements of those funding sources are satisfied. deleted text begin Up to 25 percent deleted text end new text begin A portion new text end of a
grant may be used for preemployment training. Grant awards must establish specific,
measurable outcomes and timelines for achieving those outcomes.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2004, section 178.03, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Apprentice wages. new text end

new text begin (a) The graduated schedule of wages for an
apprenticeship agreement will be determined by the percentage rate used in the majority of
individual apprenticeship agreements on file with the Department of Labor and Industry,
Division of Voluntary Apprenticeship, in any particular trade. The beginning rate must be
at least the federal or state minimum wage rate, whichever is higher.
new text end

new text begin (b) The journeyman wage rate for apprenticeship agreements where no bargaining
agreement exists must be determined by counties, for all trades. If there is either a state or
federal prevailing wage determination or apprenticeship agreement for a trade, the most
current rate of the determination or agreement must be used as the journeyman wage rate.
new text end

new text begin (c) This subdivision does not apply to programs in penal institutions including
stipends paid by the Department of Corrections.
new text end

Sec. 11.

Minnesota Statutes 2004, section 183.02, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Inland waters. new text end

new text begin "Inland waters" means navigable bodies of water within
the boundaries of this state, excluding boundary lakes and boundary rivers.
new text end

Sec. 12.

Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 3,
is amended to read:

Subd. 3.

Assessment and appropriation.

In addition to the amount noted in
subdivision 2, the commission may assess utilities, using the mechanism specified in that
subdivision, up to an additional $500,000 annually through June 30, deleted text begin 2006 deleted text end new text begin 2008 new text end . The
amounts assessed under this subdivision are appropriated to the commission, and some or
all of the amounts assessed may be transferred to the commissioner of administration, for
the purposes specified in section 16B.325 and Laws 2001, chapter 212, article 1, section
3, as needed to implement those sections.

Sec. 13.

Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 4,
is amended to read:

Subd. 4.

Expiration.

deleted text begin This section expires deleted text end new text begin Subdivisions 1 and 2 expire new text end June 30,
2007. new text begin Subdivision 3 expires June 30, 2008.
new text end

Sec. 14.

Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is
amended to read:

Subd. 3.

Eligibility window.

Payments may be made under this section only for
electricity generated:

(1) from a qualified hydroelectric facility that is operational and generating
electricity before December 31, deleted text begin 2007 deleted text end new text begin 2009 new text end ;

(2) from a qualified wind energy conversion facility that is operational and
generating electricity before January 1, deleted text begin 2007 deleted text end new text begin 2008 new text end ; or

(3) from a qualified on-farm biogas recovery facility from July 1, 2001, through
December 31, 2017.

Sec. 15.

Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to read:

Subd. 4.

Payment period.

(a) A facility may receive payments under this section for
a ten-year period. No payment under this section may be made for electricity generated:

(1) by a qualified hydroelectric facility after December 31, deleted text begin 2017 deleted text end new text begin 2019 new text end ;

(2) by a qualified wind energy conversion facility after December 31, deleted text begin 2017 deleted text end new text begin 2018 new text end ; or

(3) by a qualified on-farm biogas recovery facility after December 31, 2015.

(b) The payment period begins and runs consecutively from the date the facility
begins generating electricity or, in the case of refurbishment of a hydropower facility, after
substantial repairs to the hydropower facility dam funded by the incentive payments are
initiated.

Sec. 16.

Minnesota Statutes 2004, section 298.22, subdivision 1, is amended to read:

Subdivision 1.

The office of the commissioner of Iron Range resources and
rehabilitation.

(1) The office of the commissioner of Iron Range resources and
rehabilitation is created new text begin as an agency in the executive branch of state government new text end . The
governor shall appoint the commissioner of Iron Range resources and rehabilitation under
section 15.06.

(2) The commissioner may hold other positions or appointments that are not
incompatible with duties as commissioner of Iron Range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of the commissioner,
including the payment of deleted text begin such deleted text end new text begin staff and other new text end assistance as may be necessary, must be
paid out of the amounts appropriated by section 298.28 new text begin or otherwise made available by
law to the commissioner new text end .

(3) When the commissioner determines that distress and unemployment exists or
may exist in the future in any county by reason of the removal of natural resources or
a possibly limited use of natural resources in the future and any resulting decrease in
employment, the commissioner may use whatever amounts of the appropriation made to
the commissioner of revenue in section 298.28 that are determined to be necessary and
proper in the development of the remaining resources of the county and in the vocational
training and rehabilitation of its residents, except that the amount needed to cover cost
overruns awarded to a contractor by an arbitrator in relation to a contract awarded by
the commissioner or in effect after July 1, 1985, is appropriated from the general fund.
For the purposes of this section, "development of remaining resources" includes, but is
not limited to, the promotion of tourism.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2004, section 298.22, subdivision 8, is amended to read:

Subd. 8.

Spending priority.

In making or approving any expenditures on programs
or projects, the commissioner and the board shall give the highest priority to programs
and projects that target relief to those areas of the taconite assistance area as defined in
section 273.1341, that have the largest percentages of job losses and population losses
directly attributable to the economic downturn in the taconite industry since the 1980s.
The commissioner and the board shall compare the 1980 population and employment
figures with the 2000 population and employment figures, and shall specifically consider
the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company,
in making or approving expenditures consistent with this subdivision, as well as the areas
of residence of persons who suffered job loss for which relief is to be targeted under this
subdivision. new text begin The commissioner may lease, for a term not exceeding 50 years and upon the
terms determined by the commissioner and approved by the board, surface and mineral
interests owned or acquired by the state of Minnesota acting by and through the office
of the commissioner of Iron Range resources and rehabilitation within those portions of
the taconite assistance area impacted by the closure of the LTV Steel Mining Company
facility near Hoyt Lakes. The payments and royalties from these leases must be deposited
into the fund established in section 298.292. new text end This subdivision supersedes any other
conflicting provisions of law and does not preclude the commissioner and the board from
making expenditures for programs and projects in other areas.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Minnesota Statutes 2004, section 298.22, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Budgeting. new text end

new text begin The commissioner of Iron Range resources and rehabilitation
shall annually prepare a budget of operational expenditures, programs, and projects, and
submit it to the Iron Range Resources and Rehabilitation Board and the governor for
approval. Upon board approval, the commissioner is authorized to expend available funds
approved in the budget for operational expenditures, projects, and programs.
new text end

Sec. 19.

Minnesota Statutes 2004, section 298.2213, subdivision 4, is amended to read:

Subd. 4.

Project approval.

The board new text begin and commissioner new text end shall by August 1 each
year prepare a list of projects to be funded from the money appropriated in this section
with necessary supporting information including descriptions of the projects, plans, and
cost estimates. A project must not be approved by the board unless it finds that:

(1) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;

(2) the prospective benefits of the expenditure exceed the anticipated costs; and

(3) in the case of assistance to private enterprise, the project will serve a sound
business purpose.

deleted text begin To be proposed by the board, a deleted text end new text begin Each new text end project must be approved by a majority of
the Iron Range Resources and Rehabilitation Board members and the commissioner of
Iron Range resources and rehabilitation. The list of projects must be submitted to the
governor, who shall, by November 15 of each year, approve, disapprove, or return for
further consideration, each project. The money for a project may be spent only upon
approval of the project by the governor. The board may submit supplemental projects
for approval at any time.

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2004, section 298.223, subdivision 2, is amended to read:

Subd. 2.

Administration.

The taconite new text begin area new text end environmental protection fund shall be
administered by the commissioner of the Iron Range Resources and Rehabilitation Board.
The commissioner shall by September 1 of each year submit to the board a list of projects
to be funded from the taconite new text begin area new text end environmental protection fund, with such supporting
information including description of the projects, plans, and cost estimates as may be
necessary. Upon approval by a majority of the members of the Iron Range Resources
and Rehabilitation Board, this list shall be submitted to the governor by November 1 of
each year. By December 1 of each year, the governor shall approve or disapprove, or
return for further consideration, each project. Funds for a project may be expended only
upon approval of the project by the board and governor. The commissioner may submit
supplemental projects to the board and governor for approval at any time.

Sec. 21.

Minnesota Statutes 2004, section 298.223, subdivision 3, is amended to read:

Subd. 3.

Appropriation.

There is deleted text begin hereby deleted text end annually appropriated to the commissioner
of Iron Range resources and rehabilitation deleted text begin such deleted text end new text begin taconite area environmental protection new text end
funds deleted text begin as are deleted text end necessary to carry out deleted text begin the deleted text end new text begin approved new text end projects deleted text begin approved deleted text end new text begin and programs new text end and
deleted text begin such deleted text end new text begin the new text end funds deleted text begin as are deleted text end necessary for administration of this section. Annual administrative
costs, not including detailed engineering expenses for the projects, shall not exceed five
percent of the amount annually expended from the fund.

Funds for the purposes of this section are provided by section 298.28, subdivision
11, relating to the taconite new text begin area new text end environmental protection fund.

Sec. 22.

Minnesota Statutes 2005 Supplement, section 298.296, subdivision 1, is
amended to read:

Subdivision 1.

Project approval.

The board new text begin and commissioner new text end shall by August 1 of
each year prepare a list of projects to be funded from the Douglas J. Johnson economic
protection trust with necessary supporting information including description of the
projects, plans, and cost estimates. These projects shall be consistent with the priorities
established in section 298.292 and shall not be approved by the board unless it finds that:

(a) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;

(b) the prospective benefits of the expenditure exceed the anticipated costs; and

(c) in the case of assistance to private enterprise, the project will serve a sound
business purpose.

deleted text begin To be proposed by the board, a deleted text end new text begin Each new text end project must be approved by at least eight
Iron Range Resources and Rehabilitation Board members and the commissioner of
Iron Range resources and rehabilitation. The list of projects shall be submitted to the
governor, who shall, by November 15 of each year, approve or disapprove, or return for
further consideration, each project. The money for a project may be expended only upon
approval of the project by the governor. The board may submit supplemental projects
for approval at any time.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2005 Supplement, section 298.298, is amended to read:

298.298 LONG-RANGE PLAN.

Consistent with the policy established in sections 298.291 to 298.298, the Iron
Range Resources and Rehabilitation Board new text begin and commissioner new text end shall prepare and present
to the governor and the legislature by deleted text begin January 1, 1984 deleted text end new text begin December 31, 2006, new text end a long-range
plan for the use of the Douglas J. Johnson economic protection trust fund for the
economic development and diversification of the taconite assistance area defined in
section 273.1341. deleted text begin The Iron Range Resources and Rehabilitation Board shall, before
November 15 of each even numbered year, prepare a report to the governor and legislature
updating and revising this long-range plan and reporting on the Iron Range Resources and
Rehabilitation Board's progress on those matters assigned to it by law. After January 1,
1984, deleted text end No project shall be approved by the Iron Range Resources and Rehabilitation Board
which is not consistent with the goals and objectives established in the long-range plan.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

new text begin [299F.50] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin As used in sections 299F.50 to 299F.52, the terms defined in
this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Installed. new text end

new text begin "Installed" means that an approved carbon monoxide alarm is
hardwired into the electrical wiring, directly plugged into an electrical outlet without a
switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
new text end

new text begin Subd. 3. new text end

new text begin Single and multifamily dwelling. new text end

new text begin "Single and multifamily dwelling"
means any building or structure that is wholly or partly used or intended to be used for
living or sleeping by human occupants.
new text end

new text begin Subd. 4. new text end

new text begin Dwelling unit. new text end

new text begin "Dwelling unit" means an area meant for living or sleeping
by human occupants.
new text end

new text begin Subd. 5. new text end

new text begin Approved carbon monoxide alarm. new text end

new text begin "Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is certified by a
nationally recognized testing laboratory to conform to the latest Underwriters Laboratories
Standards (known as UL2034 standards).
new text end

new text begin Subd. 6. new text end

new text begin Operational. new text end

new text begin "Operational" means working and in service according to
manufacturer's directions.
new text end

Sec. 25.

new text begin [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Every single-family dwelling and every dwelling unit in
a multifamily dwelling must have an approved and operational carbon monoxide alarm
installed on each level of the residence and within ten feet of each room lawfully used for
sleeping purposes.
new text end

new text begin Subd. 2. new text end

new text begin Owner's duties. new text end

new text begin The owner of a multifamily dwelling that is required to
be equipped with one or more approved carbon monoxide alarms must:
new text end

new text begin (1) provide and install one approved and operational carbon monoxide alarm on each
level of the dwelling and within ten feet of each room lawfully used for sleeping; and
new text end

new text begin (2) replace any approved carbon monoxide alarm that has been stolen, removed,
found missing, or rendered inoperable during a prior occupancy of the dwelling unit
and that has not been replaced by the prior occupant before the commencement of a
new occupancy of a dwelling unit.
new text end

new text begin Subd. 3. new text end

new text begin Occupant's duties. new text end

new text begin The occupant of each dwelling unit in a multifamily
dwelling in which an approved and operational carbon monoxide alarm has been provided
and installed by the owner must:
new text end

new text begin (1) keep and maintain the device in good repair according to manufacturer's
directions; and
new text end

new text begin (2) replace any device that is stolen, removed, missing, or rendered inoperable
during the occupancy of the dwelling unit.
new text end

new text begin Subd. 4. new text end

new text begin Battery removal prohibited. new text end

new text begin A person shall not remove batteries from, or
in any way render inoperable, a required carbon monoxide alarm.
new text end

Sec. 26.

new text begin [299F.52] ENFORCEMENT.
new text end

new text begin A violation of section 299F.50 or 299F.51 subjects the owner of the single family
dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement
mechanism provided for violations of the Minnesota Fire Code provided in section
299F.011, subdivision 6.
new text end

Sec. 27.

Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:

327.201 STATE FAIR CAMPING AREA.

Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner
of health, the State Agricultural Society must operate and maintain a camping area on the
State Fairgrounds during the State Fair new text begin and the Minnesota Street Rod Association's Back
to the 50's event new text end , subject to the following conditions:

(1) recreational camping vehicles and tents, including their attachments, must be
separated from each other and from other structures by at least seven feet;

(2) a minimum area of 300 square feet per site must be provided and the total number
of sites must not exceed one site for every 300 square feet of usable land area; and

(3) each site must face a driveway at least 16 feet in width and each driveway must
have unobstructed access to a public roadway.

new text begin EFFECTIVE DATE. new text end

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

Sec. 28.

Minnesota Statutes 2004, section 446A.03, subdivision 5, is amended to read:

Subd. 5.

Executive director.

The commissioner shall employ, with the concurrence
of the authority, an executive director new text begin in the unclassified service new text end . The director shall
perform duties that the authority may require in carrying out its responsibilities.

Sec. 29.

Minnesota Statutes 2004, section 446A.12, subdivision 1, is amended to read:

Subdivision 1.

Bonding authority.

The authority may issue negotiable bonds in a
principal amount that the authority determines necessary to provide sufficient funds for
achieving its purposes, including the making of loans and purchase of securities, the
payment of interest on bonds of the authority, the establishment of reserves to secure its
bonds, the payment of fees to a third party providing credit enhancement, and the payment
of all other expenditures of the authority incident to and necessary or convenient to carry
out its corporate purposes and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other form authorized by law. The
principal amount of bonds issued and outstanding under this section at any time may not
exceed deleted text begin $1,250,000,000 deleted text end new text begin $1,500,000,000 new text end , excluding bonds for which refunding bonds or
crossover refunding bonds have been issued.

Sec. 30.

Minnesota Statutes 2004, section 473.252, subdivision 3, is amended to read:

Subd. 3.

Distribution of funds.

(a) The council must use the funds in the account
to make grants to municipalities or development authorities for the cleanup of polluted
land in the metropolitan area. A grant to a metropolitan county or a development authority
must be used for a project in a participating municipality. The council shall prescribe
and provide the grant application form to municipalities. The council must consider the
probability of funding from other sources when making grants under this section.

(b)(1) The legislature expects that applications for grants will exceed the available
funds and the council will be able to provide grants to only some of the applicant
municipalities. If applications for grants for qualified sites exceed the available funds,
the council shall make grants that provide the highest return in public benefits for the
public costs incurred, that encourage development that will lead to the preservation or
growth of living-wage jobs or the production of affordable housing, and that enhance the
tax base of the recipient municipality. new text begin For purposes of ranking applications, equal weight
shall be given to preservation or growth of living-wage jobs and to the production of
affordable housing.
new text end

new text begin For purposes of this section, affordable housing includes both:
new text end

new text begin (i) affordable rental housing for persons or families whose income, at the time
of initial occupancy, does not exceed 60 percent of median income as determined by
the United States Department of Housing and Urban Development for the metropolitan
area; and
new text end

new text begin (ii) affordable ownership housing units for persons or families whose income, at the
time of initial occupancy, does not exceed 80 percent of median income as determined by
the United States Department of Housing and Urban Development for the metropolitan
area.
new text end

(2) In making grants, the council shall establish regular application deadlines in
which grants will be awarded from the available money in the account. If the council
provides for application cycles of less than six-month intervals, the council must reserve
at least 40 percent of the receipts of the account for a year for application deadlines that
occur in the second half of the year. If the applications for grants exceed the available
funds for an application cycle, no more than one-half of the funds may be granted to
projects in a statutory or home rule charter city and no more than three-quarters of the
funds may be granted to projects located in cities of the first class.

(c) A municipality may use the grant to provide a portion of the local match
requirement for project costs that qualify for a grant under sections 116J.551 to 116J.557.

Sec. 31. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 24 to 26 are effective January 1, 2007, for all newly constructed
single-family and multifamily dwelling units and August 1, 2008, for all existing and
newly constructed single family and multifamily dwelling units.
new text end