Minnesota Legislature
SF 4108
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2024 09:48am
Current Version - as introduced
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A bill for an act
relating to infrastructure; establishing the Minnesota Advisory Council on
Infrastructure; specifying office powers and duties; providing for implementation;
requiring reports; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
IMPLEMENTATION
Section 1. new text begin IMPLEMENTATION ACTIVITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
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For purposes of this section, "council" means the Minnesota
Advisory Council on Infrastructure established under Minnesota Statutes, section 15.0482.
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new text begin Subd. 2. new text end
new text begin Council implementation. new text end
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(a) Appointing authorities under Minnesota Statutes,
section 15.0482, subdivision 2, must make initial appointments by November 1, 2024.
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(b) By May 1, 2025, the council must appoint an executive director as provided under
Minnesota Statutes, section 15.0485.
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(c) Following appointment of an executive director under paragraph (b), the council
must undertake community engagement efforts throughout the state that include hearings
to obtain comments and information.
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new text begin Subd. 3. new text end
new text begin Implementation support. new text end
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The commissioner of management and budget must
provide coordination and implementation support to the Minnesota Advisory Council on
Infrastructure under section 15.0482 as reasonably necessary for the council to commence
meeting its requirements under subdivision 2 and Minnesota Statutes, sections 15.0481 to
15.0485, including but not limited to planning and organizational facilitation, temporary
staffing, meeting space, general administration, and information technology resources.
new text end
new text begin Subd. 4. new text end
new text begin Other reorganization. new text end
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Notwithstanding Minnesota Statutes, section 16B.37,
subdivision 1, at any time following establishment of the Minnesota Advisory Council on
Infrastructure, the commissioner of administration, with the governor's approval, may issue
reorganization orders under Minnesota Statutes, section 16B.37, to meet the requirements
under Minnesota Statutes, sections 15.0481 to 15.0485.
new text end
Sec. 2. new text begin APPROPRIATION; MINNESOTA ADVISORY COUNCIL ON
INFRASTRUCTURE IMPLEMENTATION.
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new text begin
$....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
management and budget for the costs of implementation support under section 1. This is a
onetime appropriation.
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Sec. 3. new text begin APPROPRIATION; MINNESOTA ADVISORY COUNCIL ON
INFRASTRUCTURE.
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$....... in fiscal year 2025 is appropriated from the general fund to the Minnesota Advisory
Council on Infrastructure for the purposes under section 1 and Minnesota Statutes, sections
15.0481 to 15.0485. This is a onetime appropriation and is available until June 30, 2027.
new text end
ARTICLE 2
MINNESOTA ADVISORY COUNCIL ON INFRASTRUCTURE
Section 1.
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[15.0481] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Terms. new text end
new text begin
For the purposes of sections 15.0481 to 15.0485, the terms defined
in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Council. new text end
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"Council" means the Minnesota Advisory Council on Infrastructure
established in section 15.0482.
new text end
new text begin Subd. 3. new text end
new text begin Infrastructure. new text end
new text begin
"Infrastructure" means physical structures and facilities,
including but not limited to property, lands, buildings, and other assets of a capital nature.
The term includes infrastructure related to agriculture, commerce, communications, economic
development, energy, food, health, housing, natural resources, public safety, transportation,
drinking water, stormwater, and wastewater.
new text end
Sec. 2.
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[15.0482] MINNESOTA ADVISORY COUNCIL ON INFRASTRUCTURE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
(a) The Minnesota Advisory Council on
Infrastructure is established as the governing body of an independent agency of state
government.
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(b) The purpose of the council is to define and maintain a vision for the future of
Minnesota's infrastructure that provides for its proper management, coordination, and
investment.
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new text begin Subd. 2. new text end
new text begin Voting membership. new text end
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The council consists of the following voting members:
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(1) two members appointed by the governor;
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(2) two members appointed by the senate majority leader;
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(3) two members appointed by the senate minority leader;
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(4) two members appointed by the speaker of the house;
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(5) two members appointed by the house minority leader; and
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(6) one member appointed by the Indian Affairs Council.
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new text begin Subd. 3. new text end
new text begin Nonvoting membership. new text end
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The council consists of the following nonvoting
members:
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(1) the commissioner of administration;
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(2) the commissioner of agriculture;
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(3) the commissioner of commerce;
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(4) the commissioner of employment and economic development;
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(5) the commissioner of health;
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(6) the commissioner of management and budget;
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(7) the commissioner of natural resources;
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(8) the commissioner of the Pollution Control Agency;
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(9) the commissioner of transportation;
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(10) the commissioner of Iron Range resources and rehabilitation;
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(11) the chair of the Metropolitan Council;
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(12) the chair of the Board of Water and Soil Resources;
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(13) the executive director of the Minnesota Public Facilities Authority;
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(14) the chancellor of Minnesota State Colleges and Universities; and
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(15) the president of the University of Minnesota.
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new text begin Subd. 4. new text end
new text begin Voting members; qualifications. new text end
new text begin
(a) An appointing authority under subdivision
2 may only appoint an individual who has expertise and experience, whether from the public
or private sector, in any of the following:
new text end
new text begin
(1) asset management in one or more of the areas of planning, design, construction,
management, or operations and maintenance, for: (i) drinking water; (ii) wastewater; (iii)
stormwater; (iv) transportation; (v) energy; or (vi) communications;
new text end
new text begin
(2) financial management and procurement; or
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(3) regional asset management across jurisdictions and infrastructure sectors.
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(b) No current legislator may be appointed to the council.
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(c) Prior to making appointments, the appointing authorities under subdivision 2 must
make reasonable efforts to coordinate and provide for:
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(1) geographic representation throughout the state; and
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new text begin
(2) representation for all major types of infrastructure assets.
new text end
new text begin Subd. 5. new text end
new text begin Voting members; recommendations for appointment. new text end
new text begin
Each appointing
authority under subdivision 2 must acknowledge and give consideration to appointment
recommendations made by interested stakeholders, including but not limited to:
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new text begin
(1) the Association of Minnesota Counties;
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(2) the League of Minnesota Cities;
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(3) the Coalition of Greater Minnesota Cities;
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(4) the Minnesota Association of Townships;
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(5) the Minnesota Chapter of the American Public Works Association;
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(6) the Associated General Contractors of Minnesota;
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(7) a labor union representing the building trades;
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(8) a public utility;
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(9) the Minnesota Municipal Utilities Association;
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(10) the Minnesota Chamber of Commerce;
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(11) the Minnesota section of the American Water Works Association;
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(12) the Minnesota Rural Water Association; and
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(13) the Minnesota Rural Electric Association.
new text end
new text begin Subd. 6. new text end
new text begin Nonvoting members; delegation. new text end
new text begin
(a) Notwithstanding section 15.06,
subdivision 6, an individual specified under subdivision 3 may appoint a designee to serve
on the council only as provided in this subdivision.
new text end
new text begin
(b) An individual specified under subdivision 3 may appoint a designee who serves on
an ongoing basis to exercise the powers and duties as a nonvoting council member under
section 15.0482. The designation must be made by written order, filed with the secretary
of state. The designee must be a public employee who is:
new text end
new text begin
(1) a deputy commissioner or deputy director;
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(2) an assistant commissioner;
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(3) an immediate subordinate of the appointing authority;
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(4) a director of an office established for infrastructure longevity or adaptability; or
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(5) if the appointing authority is the chair of a board or council specified under subdivision
3, another member of that board or council.
new text end
new text begin Subd. 7. new text end
new text begin Officers. new text end
new text begin
The council must elect from among its voting members a chair, or
cochairs, and vice-chair. As necessary, the council may elect other council members to
serve as officers.
new text end
new text begin Subd. 8. new text end
new text begin Council actions. new text end
new text begin
(a) A majority of the council, including voting and nonvoting
members and excluding vacancies, is a quorum.
new text end
new text begin
(b) The council may conduct business as provided under section 13D.015.
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new text begin Subd. 9. new text end
new text begin Compensation; terms; removal; vacancies. new text end
new text begin
The compensation, membership
terms, filling of vacancies, and removal of members on the council are as provided in section
15.0575.
new text end
new text begin Subd. 10. new text end
new text begin Open Meeting Law. new text end
new text begin
The council is subject to the Minnesota Open Meeting
Law under chapter 13D.
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new text begin Subd. 11. new text end
new text begin Data practices. new text end
new text begin
The council is subject to the Minnesota Data Practices Act
under chapter 13.
new text end
Sec. 3.
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[15.0483] RESPONSIBILITIES AND DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin General responsibilities. new text end
new text begin
(a) The council is responsible for activities in
a nonregulatory capacity and in coordination with stakeholders to identify and recommend
best practices that:
new text end
new text begin
(1) preserve and extend the longevity of Minnesota's public and privately owned
infrastructure; and
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(2) provide for effective and efficient management of infrastructure.
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(b) Unless specifically provided otherwise, nothing in sections 15.0481 to 15.0485
requires transfer of personnel, specific responsibilities, or administrative functions from a
department or agency to the council.
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new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The duties of the council are to:
new text end
new text begin
(1) identify approaches to enhance and expedite infrastructure coordination across
jurisdictions, agencies, state and local government, and public and private sectors, including
in planning, design, engineering, construction, maintenance, and operations;
new text end
new text begin
(2) identify objectives and strategies that enhance the longevity and adaptability of
infrastructure throughout the state;
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new text begin
(3) develop advisory recommendations, if any, related to the responsibilities and duties
specified under this section, including to:
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(i) the governor for executive orders; and
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new text begin
(ii) state agencies for programs, policies, and practices; and
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(4) implement the requirements under sections 15.0481 to 15.0485.
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new text begin Subd. 3. new text end
new text begin Asset managers program. new text end
new text begin
The council must develop and recommend a plan
for a statewide asset managers program that provides for:
new text end
new text begin
(1) identification, exchange, and distribution of best practices on infrastructure
management;
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new text begin
(2) training for infrastructure owners and asset managers; and
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new text begin
(3) coordination and collaboration among infrastructure owners and asset managers.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
By December 15 annually, the council must submit a report to the
governor and the legislative committees with jurisdiction over capital investment, climate,
economic development, energy, and transportation. At a minimum, the report must:
new text end
new text begin
(1) summarize the activities of the council;
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(2) provide an overview for each of the duties and requirements under sections 15.0481
to 15.0485;
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(3) identify any barriers and constraints related to activities of the council; and
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(4) provide any recommendations of the council.
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Sec. 4.
new text begin
[15.0484] POWERS.
new text end
new text begin Subdivision 1. new text end
new text begin General powers. new text end
new text begin
The council has the nonregulatory powers necessary
to carry out its responsibilities and duties specified by law.
new text end
new text begin Subd. 2. new text end
new text begin Agreements; contracts. new text end
new text begin
The council may enter into agreements for legal
services, financial services, technical support, and other administrative and professional
services.
new text end
Sec. 5.
new text begin
[15.0485] PERSONNEL.
new text end
new text begin Subdivision 1. new text end
new text begin Executive director. new text end
new text begin
(a) The council must employ an executive director
in the unclassified service. The executive director is the principal administrative officer for
the council. The executive director is not an ex officio member of the council.
new text end
new text begin
(b) The executive director must have training and experience in public administration,
public works, asset management, or asset longevity or adaptability.
new text end
new text begin
(c) The executive director must perform the duties the council requires to manage and
implement the requirements of sections 15.0481 to 15.0485.
new text end
new text begin Subd. 2. new text end
new text begin Staffing. new text end
new text begin
(a) The executive director must:
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(1) in appointing any employees, perform the appointment on the basis of merit and
fitness that the executive director considers necessary to discharge the functions of the
office; and
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(2) prescribe the powers and duties of an employee.
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(b) The executive director may:
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(1) appoint a deputy director and a chief financial officer, who each serve at the executive
director's pleasure in the unclassified service; and
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(2) delegate the powers, duties, and responsibilities of the executive director to employees,
under conditions prescribed by the executive director.
new text end