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SF 4289

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2022 10:23am

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

Current Version - as introduced

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A bill for an act
relating to natural resources; modifying the Legislative-Citizen Commission on
Minnesota Resources member terms; modifying expenditure of environment and
natural resources trust fund; amending Minnesota Statutes 2020, sections 116P.05,
subdivisions 1, 2; 116P.08, subdivisions 1, 2; 116P.12, subdivision 1; repealing
Minnesota Statutes 2020, section 116P.05, subdivision 1a.

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

Section 1.

Minnesota Statutes 2020, section 116P.05, subdivision 1, is amended to read:


Subdivision 1.

Membership.

(a) A Legislative-Citizen Commission on Minnesota
Resources of 17 members is created in the legislative branch, consisting of the chairs of the
house of representatives and senate committees on environment and natural resources finance
or designees appointed for the terms of the chairs, four members of the senate appointed
by the Subcommittee on Committees of the Committee on Rules and Administration, and
four members of the house of representatives appointed by the speaker.

(b) At least two members from the senate and two members from the house of
representatives must be from the minority caucus. Members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the commission.

(c) Seven citizens are members of the commission, five appointed by the governor, one
appointed by the Senate Subcommittee on Committees of the Committee on Rules and
Administration, and one appointed by the speaker of the house. The citizen members are
selected and recommended to the appointing authorities according to subdivision 1a and
must:

(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;

(2) have strong knowledge in the state's environment and natural resource issues around
the state; and

(3) have demonstrated ability to work in a collaborative environment.

(d) Members shall develop procedures to elect a chair that rotates between legislative
and citizen members each meeting. A citizen member, a senate member, and a house of
representatives member shall serve as chairs. The citizen members, senate members, and
house of representatives members must select their respective chairs. The chair shall preside
and convene meetings as often as necessary to conduct duties prescribed by this chapter.

(e) Appointed legislative members shall serve on the commission for two-year terms,
beginning in January of each odd-numbered year and continuing through the end of December
of the next even-numbered year. Appointed citizen members shall serve deleted text beginfour-yeardeleted text endnew text begin two-yearnew text end
terms, beginning in January of the first year and continuing through the end of December
of the final year. Citizen and legislative members continue to serve until their successors
are appointed.new text begin Citizen members may serve no more than two terms.
new text end

(f) A citizen member may be removed by an appointing authority deleted text beginfor causedeleted text end. Vacancies
occurring on the commission shall not affect the authority of the remaining members of the
commission to carry out their duties, and vacancies shall be filled for the remainder of the
term in the same manner under paragraphs (a) to (c).

(g) Citizen members are entitled to per diem and reimbursement for expenses incurred
in the services of the commission, as provided in section 15.059, subdivision 3.

(h) The governor's appointments are subject to the advice and consent of the senate.

Sec. 2.

Minnesota Statutes 2020, section 116P.05, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The commission shall recommend an annual or biennial legislative
bill for appropriations from the environment and natural resources trust fund deleted text beginanddeleted text endnew text begin. The
commission must recommend appropriations that follow the priority order provided in
section 116P.08, subdivision 1. The commission
new text end shall adopt a strategic plan as provided in
section 116P.08. Approval of the recommended legislative bill requires an affirmative vote
of at least 12 members of the commission.

(b) It is a condition of acceptance of the appropriations made from the Minnesota
environment and natural resources trust fund, and oil overcharge money under section 4.071,
subdivision 2, that the agency or entity receiving the appropriation must submit a work plan
and annual or semiannual progress reports in the form determined by the Legislative-Citizen
Commission on Minnesota Resources, and comply with applicable reporting requirements
under section 116P.16. None of the money provided may be spent unless the commission
has approved the pertinent work plan. new text beginThe commission must approve or disapprove a work
plan submitted within 90 days of its submission to the commission. A work plan that is not
approved or disapproved within 90 days of submission is deemed approved under this
paragraph. Disapproval of a work plan requires an affirmative vote of 12 members.
new text end Modifications to the approved work plan and budget expenditures shall be made through
the amendment process established by the commission. The commission shall ensure that
the expenditures and outcomes described in the work plan for appropriations funded by the
environment and natural resources trust fund are met.

(c) The peer review procedures created under section 116P.08 must also be used to
review, comment, and report to the commission on research proposals applying for an
appropriation from the oil overcharge money under section 4.071, subdivision 2.

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

(e) As part of the operating procedures, the commission shall:

(1) ensure that members' expectations are to participate in all meetings related to funding
decision recommendations;

(2) recommend adequate funding for increased citizen outreach and communications
for trust fund expenditure planning;

(3) allow administrative expenses as part of individual project expenditures based on
need;

(4) provide for project outcome evaluation;

(5) keep the grant application, administration, and review process as simple as possible;
and

(6) define and emphasize the leveraging of additional sources of money that project
proposers should consider when making trust fund proposals.

Sec. 3.

Minnesota Statutes 2020, section 116P.08, subdivision 1, is amended to read:


Subdivision 1.

Expenditures.

deleted text begin(a)deleted text end Money in the trust fund may be spent only fornew text begin the
purposes listed in this subdivision in the following priority order
new text end:

(1)new text begin capital projects for the preservation and protection of unique natural resources and
betterment and enhancement of the state park system;
new text end

new text begin (2) activities that preserve or enhance fish, wildlife, land, air, water, and other natural
resources that otherwise may be substantially impaired or destroyed in any area of the state;
new text end

new text begin (3)new text end the reinvest in Minnesota program as provided in section 84.95, subdivision 2;

deleted text begin (2) research that contributes to increasing the effectiveness of protecting or managing
the state's environment or natural resources;
deleted text end

new text begin (4) municipal water pollution control in municipalities with a population of 5,000 or
more under the authority of chapters 115 and 116;
new text end

new text begin (5) public education activities to increase utilization of the state's air, land, water, forests,
fish, wildlife, and other natural resources;
new text end

deleted text begin (3)deleted text endnew text begin (6) research, includingnew text end collection and analysis of informationnew text begin,new text end that assists in
developing the state's environmental and natural resources policies;

deleted text begin (4) enhancement of public education, awareness, and understanding necessary for the
protection, conservation, restoration, and enhancement of air, land, water, forests, fish,
wildlife, and other natural resources;
deleted text end

deleted text begin (5) capital projects for the preservation and protection of unique natural resources;
deleted text end

deleted text begin (6) activities that preserve or enhance fish, wildlife, land, air, water, and other natural
resources that otherwise may be substantially impaired or destroyed in any area of the state;
deleted text end

(7) administrative and investment expenses incurred by the State Board of Investment
in investing deposits to the trust fund; and

(8) administrative expenses subject to the limits in section 116P.09.

deleted text begin (b) In making recommendations for expenditures from the trust fund, the commission
shall give priority to funding programs and projects under paragraph (a), clauses (1) and
(6). Any requests for proposals issued by the commission shall clearly indicate these
priorities.
deleted text end

Sec. 4.

Minnesota Statutes 2020, section 116P.08, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

Money from the trust fund may not be spent for:

(1) purposes of environmental compensation and liability under chapter 115B and
response actions under chapter 115C;

deleted text begin (2) purposes of municipal water pollution control in municipalities with a population of
5,000 or more under the authority of chapters 115 and 116;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end costs associated with the decommissioning of nuclear power plants;

deleted text begin (4)deleted text endnew text begin (3)new text end hazardous waste disposal facilities;

deleted text begin (5)deleted text endnew text begin (4)new text end solid waste disposal facilities; or

deleted text begin (6)deleted text endnew text begin (5)new text end projects or purposes inconsistent with the strategic plan.

Sec. 5.

Minnesota Statutes 2020, section 116P.12, subdivision 1, is amended to read:


Subdivision 1.

Loans authorized.

(a) If the principal of the trust fund equals or exceeds
$200,000,000, the deleted text begincommission may vote to set asidedeleted text endnew text begin legislature may appropriatenew text end up to deleted text beginfivedeleted text endnew text begin
20
new text end percent of the principal of the trust fund for water system improvement loans. The purpose
of water system improvement loans is to offer below market rate interest loans to local units
of government for the purposes of water system improvements.

(b) The interest on a loan deleted text beginshall be calculated on the declining balance at a rate that is the
greater of one percent or 50 percent of the secondary market yield of one-year United States
Treasury bills calculated according to section 549.09, subdivision 1, paragraph (c)
deleted text endnew text begin under
this section is one percent
new text end.

(c) An eligible project must prove that existing federal or state loans or grants have not
been adequate.

(d) Payments on the principal and interest of loans under this section must be credited
to the trust fund.

(e) Repayment of loans made under this section must be completed within 20 years.

(f) The Minnesota Public Facilities Authority must report to the commission each year
on any loans made to the authority under this section.

Sec. 6. new text beginCITIZEN MEMBER TRANSITION.
new text end

new text begin A citizen member of the Legislative-Citizen Commission on Minnesota Resources
serving on the effective date of this act who has served more than two terms must be replaced
by the appointing authority. Citizen members of the Legislative-Citizen Commission on
Minnesota Resources appointed on or after the effective date of this act are appointed to
serve two-year terms as provided in section 116P.05, subdivision 1.
new text end

Sec. 7. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 116P.05, subdivision 1a, new text end new text begin is repealed.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective July 1, 2022.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-07312

116P.05 LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA RESOURCES.

Subd. 1a.

Citizen selection committee.

(a) The governor shall appoint a Trust Fund Citizen Selection Committee of five members who come from different regions of the state and who have knowledge and experience of state environment and natural resource issues.

(b) The duties of the Trust Fund Citizen Selection Committee shall be to:

(1) identify citizen candidates to be members of the commission as part of the open appointments process under section 15.0597;

(2) request and review citizen candidate applications to be members of the commission; and

(3) interview the citizen candidates and recommend an adequate pool of candidates to be selected for commission membership by the governor, the senate, and the house of representatives.

(c) Members are entitled to travel expenses incurred to fulfill their duties under this subdivision as provided in section 15.059, subdivision 6.