Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 580-H.F.No. 2234 
                  An act relating to natural resources; personnel 
                  working on certain projects; terms and conditions of 
                  certain 1993 appropriations; appropriating money; 
                  amending Minnesota Statutes 1992, sections 116P.05, 
                  subdivision 2; 116P.08, subdivisions 6 and 7; and 
                  116P.09, subdivision 4; Minnesota Statutes 1993 
                  Supplement, section 116P.11; Laws 1993, chapter 172, 
                  section 14, subdivisions 4 and 11. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 116P.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
        budget plan for expenditures from the environment and natural 
        resources trust fund and shall adopt a strategic plan as 
        provided in section 116P.08.  
           (b) The commission shall recommend expenditures to the 
        legislature from the Minnesota future resources fund under 
        section 116P.13.  
           (c) It is a condition of acceptance of the appropriations 
        made from the Minnesota future resources fund, 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 program 
        and semiannual progress reports in the form determined by the 
        legislative commission on Minnesota resources.  None of the 
        money provided may be spent unless the commission has approved 
        the pertinent work program. 
           (d) The peer review panel created under section 116P.08 
        must also review, comment, and report to the commission on 
        research proposals applying for an appropriation from the 
        Minnesota resources fund and from oil overcharge money under 
        section 4.071, subdivision 2. 
           (e) The commission may adopt operating procedures to 
        fulfill its duties under sections 116P.01 to 116P.13. 
           Sec. 2.  Minnesota Statutes 1992, section 116P.08, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PEER REVIEW.] (a) Research proposals must 
        include a stated purpose, timeline, potential outcomes, and an 
        explanation of the need for the research.  All research 
        proposals must be reviewed by a peer review panel before 
        receiving an appropriation from the trust fund. 
           (b) In conducting research proposal reviews, the peer 
        review panel shall: 
           (1) comment on the methodology proposed and whether it can 
        be expected to yield appropriate and useful information and 
        data; 
           (2) comment on the need for the research and about similar 
        existing information available, if any; and 
           (3) comment on whether the research proposed meets the 
        categories of subdivision 1; and 
           (4) report to the commission and advisory committee on 
        clauses (1) to (3) and (2). 
           (c) The peer review panel also must review completed 
        research proposals that have received an appropriation from the 
        trust fund and comment and report upon whether the project 
        reached the intended goals. 
           Sec. 3.  Minnesota Statutes 1992, section 116P.08, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer 
        review panel must consist of at least five but not more than 11 
        members who are knowledgeable in general research methods, 
        including but not limited to in the areas of air quality 
        research, water research, forest research, fish and wildlife 
        management research, environmental health research, and soil 
        conservation research environment and natural resources.  Not 
        more than two members of the panel may be employees of state 
        agencies in Minnesota. 
           (b) Members of the peer review panel shall be selected by 
        the commission and serve four-year staggered terms according to 
        section 15.059.  The commission may select additional temporary 
        members for any research proposal deemed to be too technical for 
        adequate peer review by the panel in paragraph (a).  Members of 
        the peer review panel The commission shall elect select a chair 
        every two years who shall be responsible for convening meetings 
        of the panel as often as is necessary to fulfill its duties as 
        prescribed in this section.  Compensation of panel members is 
        governed by section 15.059, subdivision 3. 
           Sec. 4.  Minnesota Statutes 1992, section 116P.09, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
        agency to work on a project and are paid by an appropriation 
        from the trust fund or Minnesota future resources fund are in 
        the unclassified civil service, and their continued employment 
        is contingent upon the availability of money from the 
        appropriation.  When the appropriation has been spent, their 
        positions must be canceled and the approved complement of the 
        agency reduced accordingly.  Part-time employment of persons for 
        a project is authorized.  The use of classified employees is 
        authorized when approved as part of the work program required by 
        section 116P.05, subdivision 2, paragraph (c). 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        116P.11, is amended to read: 
           116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 
           (a) The amount biennially available from the trust fund for 
        the budget plan developed by the commission consists of the 
        interest earnings generated from the trust fund.  Interest 
        Earnings generated from the trust fund shall equal the amount of 
        interest on debt securities and dividends on equity securities.  
        Gains and losses arising from the sale of securities shall be 
        apportioned as follows:  
           (1) if the sale of securities results in a net gain during 
        a fiscal year, the gain shall be apportioned in equal 
        installments over the next ten fiscal years to offset net losses 
        in those years.  If any portion of an installment is not needed 
        to recover subsequent losses identified in paragraph (b), it 
        shall be added to the principal of the fund; and 
           (2) if the sale of securities results in a net loss during 
        a fiscal year, the net loss shall be recovered from the gains in 
        paragraph (a) apportioned to that fiscal year.  If such gains 
        are insufficient, any remaining net loss shall be recovered from 
        interest and dividend income in equal installments over the 
        following ten fiscal years.  
           (b) For funding projects through until fiscal year 1997, 
        the following additional amounts are available from the trust 
        fund for the budget plans developed by the commission:  
           (1) for the 1991-1993 biennium, up to 25 percent of the 
        revenue deposited in the trust fund in fiscal years 1990 and 
        1991; 
           (2) for the 1993-1995 biennium, up to 20 percent of the 
        revenue deposited in the trust fund in fiscal year 1992 and up 
        to 15 percent of the revenue deposited in the fund in fiscal 
        year 1993; 
           (3) for the 1993-1995 biennium, up to 25 percent of the 
        revenue deposited in the trust fund in fiscal years 1994 and 
        1995, to be expended only for capital investments in parks and 
        trails; and 
           (4) for the 1995-1997 biennium, up to ten percent of the 
        revenue deposited in the fund in fiscal year 1996. 
           (c) Any appropriated funds not encumbered in the biennium 
        in which they are appropriated cancel and must be credited to 
        the principal of the trust fund. 
           Sec. 6.  Laws 1993, chapter 172, section 14, subdivision 4, 
        is amended to read: 
        Subd. 4.  Energy 
        (a) Reducing Energy and CO2              230,000
        This appropriation is from the oil 
        overcharge money to the commissioner of 
        administration for a contract with the 
        center for energy and urban environment 
        to develop a comprehensive action plan 
        that will focus on energy efficiency, 
        alternative energy, and fuel switching 
        through an assessment of opportunities 
        for the reduction of CO2 and other 
        greenhouse gases. 
        (b) Photovoltaic Demonstration Project   230,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        public service for a grant to the St. 
        Paul school district for purchase and 
        installation of a photovoltaic 
        demonstration system at the Battle 
        Creek environmental magnet school. 
        (c) Operational Implications 
        of Alternate Transit Bus Fuels            78,000
        This appropriation is from the oil 
        overcharge money to the commissioner of 
        administration for a contract with the 
        metropolitan transit commission to test 
        alternate bus fuels to evaluate their 
        potential for reduced fuel consumption 
        and increased operational efficiency. 
        (d) The Bus, Bike, or Car 
        Pool (B-BOP) Challenge                   150,000
        This appropriation is from the oil 
        overcharge money to the commissioner of 
        administration for a contract with the 
        center for energy and urban environment 
        to reduce energy use by the delivery of 
        an employer-based program that cost 
        effectively reduces the use of single 
        occupant vehicles by commuters who 
        pledge to B-BOP or telecommute 
        regularly during the summer. 
        (e) Tree and Grass Production 
        for Ethanol                              380,000
        This appropriation is from the oil 
        overcharge money to the commissioner of 
        administration for a contract with the 
        agricultural utilization research 
        institute to implement a program to 
        supply biomass feedstock derived from 
        trees and grass to a national renewable 
        energy laboratory (NREL), United States 
        Department of Energy Engineering 
        Development facility for converting 
        biomass to ethanol and thermochemical 
        fuels.  This appropriation is 
        contingent on a NREL an agreement by 
        January 1, 1994, to purchase biomass.  
           Sec. 7.  Laws 1993, chapter 172, section 14, subdivision 
        11, is amended to read: 
        Subd. 11.  Water 
        (a) Minnesota River 
        Implementation - Continuation          1,100,000
        This appropriation is from the trust 
        fund to the commissioner of the 
        pollution control agency to accelerate 
        the adoption of best management 
        practices (BMPs) and to accelerate 
        related state and local implementation 
        activities for the Minnesota river 
        basin. 
        (b) Local River Planning - 
        Continuation                             480,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        natural resources for contracts of up 
        to two-thirds of the cost to counties 
        or groups of counties acting pursuant 
        to a joint powers agreement, to develop 
        comprehensive plans for the management 
        and protection of rivers in northern 
        and central Minnesota.  The 
        commissioner of natural resources shall 
        include in the work plan for review and 
        approval by the legislative commission 
        on Minnesota resources a proposed list 
        of rivers and a planning process 
        developed by the consensus of the 
        affected counties.  All plans must meet 
        or exceed the requirements of state 
        shoreland and floodplain laws.  Up to 
        $100,000 is available for 
        administration and technical assistance.
        (c) Mercury Reduction in Fish - 
        Continuation                             200,000
        This appropriation is from the trust 
        fund to the commissioner of the 
        pollution control agency for a contract 
        with the University of Minnesota to 
        complete pilot studies testing mercury 
        reduction in fish for Minnesota 
        waters.  Grant requests to supplement 
        this appropriation must be submitted to 
        the United States Environmental 
        Protection Agency and the results 
        reported to the legislative commission 
        on Minnesota resources. 
        (d) Stream Flow Protection               280,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        natural resources to collect stream 
        habitat data (width, depth, velocity, 
        substrate, water elevation) in up to 39 
        watersheds to develop community-based 
        flows that protect stream resources. 
        This project must comply with the data 
        compatibility requirements set forth in 
        subdivision 15. 
        (e) The South Central Minnesota 
        Groundwater Contamination 
        Susceptibility Project - 
        Continuation                             290,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        natural resources for a contract with 
        Mankato state university to couple 
        surface hydrology, subsurface geology, 
        and hydrogeology for environmental 
        analysis to assess present 
        environmental conditions, establish 
        benchmarks, and develop regional 
        priorities for south central 
        Minnesota.  This project must comply 
        with the data compatibility 
        requirements set forth in subdivision 
        14. 
        (f) White Bear Lake Levels 
        Feasibility Study                        228,000 175,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        natural resources to install additional 
        observation wells at White Bear Lake 
        ($50,000), to study lake and 
        groundwater relationships, to conduct a 
        feasibility study to address lake level 
        issues ($50,000), and to abandon or 
        retrofit existing augmentation wells 
        ($128,000) develop an enhanced water 
        budgeting computer model ($100,000) and 
        to install ground water level 
        observation wells around White Bear 
        Lake ($75,000).  This appropriation is 
        available until June 30, 1996. 
        (g) County Geologic Atlases 
        and Regional Hydrogeologic  
        Assessments - Continuation               850,000
        $425,000 is from the trust fund to the 
        University of Minnesota, Minnesota 
        geologic survey, and $425,000 is from 
        the trust fund to the commissioner of 
        natural resources to expand production 
        of county geologic atlases and regional 
        hydrogeologic assessments.  This 
        project must comply with the data 
        compatibility requirements set forth in 
        subdivision 14. 
        (h) Septic System Replacement for 
        Water Related Tourism Businesses         500,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        trade and economic development to 
        provide matching grants of up to 
        $10,000 to resorts and related tourism 
        businesses located on lakes and rivers 
        for replacement of failing or 
        nonconforming septic systems.  
        Businesses that begin replacement of 
        failing or nonconforming septic systems 
        after the effective date of this act 
        are eligible for these grants. 
        (i) Optical Brighteners:
        Indicators of Sewage 
        Contamination of Groundwaters            157,000
        This appropriation is from the future 
        resources fund to the commissioner of 
        the pollution control agency for a 
        contract with Dakota county to study 
        the correlation of optical brighteners 
        present in domestic sewage from 
        detergent use with nonagricultural 
        nitrogen as interferences with atrazine 
        detection. 
           Sec. 8.  [APPROPRIATION.] 
           $300,000 is appropriated from the future resources fund to 
        the commissioner of natural resources for the restoration of the 
        Niemackl watershed by improvement of water quality, flood 
        reduction, fish and wildlife habitat, and recreation through 
        citizen participation with federal, state, and local 
        governments, and nongovernment agencies.  $150,000 is contingent 
        on a match of $300,000 of nonstate funds by October 1, 1994. 
           Sec. 9.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor May 4, 1994 
           Signed by the governor May 6, 1994, 11:32 a.m.