Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 224-S.F.No. 1670
An act relating to the organization and operation of
state government; appropriating money for economic
development and certain agencies of state government,
with certain conditions; establishing and modifying
certain programs; providing for regulation of certain
activities and practices; providing for accounts,
assessments, and fees; requiring studies and reports;
amending Minnesota Statutes 1994, sections 5.14;
16B.08, subdivision 7; 44A.01, subdivision 2; 97A.531,
by adding a subdivision; 116J.552, subdivision 2;
116J.555, subdivision 2; 116J.873, subdivision 3, and
by adding a subdivision; 116J.982, subdivision 3;
116M.16, subdivision 2; 116M.18, subdivisions 4, 5,
and by adding a subdivision; 116N.03, subdivision 2;
116N.08, subdivisions 5, 6, and by adding a
subdivision; 124.85, by adding a subdivision; 175.171;
176.011, subdivision 7a; 176.231, by adding a
subdivision; 207A.01; 216B.16, subdivision 2, and by
adding a subdivision; 216B.2424; 216B.27, subdivision
4; 237.701, subdivision 1; 245A.11, subdivision 2;
268A.01, subdivisions 4, 5, 6, 9, and 10; 268A.03;
268A.06, subdivision 1; 268A.07; 268A.08, subdivisions
1 and 2; 268A.13; 298.22, subdivision 2; 298.223,
subdivision 2; 462.357, subdivision 7; 462A.05,
subdivisions 14, 15c, and 30; 462A.201, subdivision 2;
462A.202, subdivisions 2 and 6; 462A.204, subdivision
1; 462A.205, subdivision 4; 462A.206, subdivisions 2
and 5; 462A.21, subdivisions 3b, 8, 8b, 13, 21, and by
adding subdivisions; 469.0171; 504.33, subdivisions 2
and 3; 504.34, subdivisions 1 and 2; and 504.35; Laws
1993, chapter 369, section 9, subdivisions 2 and 3;
Laws 1994, chapter 573, section 5, subdivision 2;
chapter 643, section 19, subdivision 9; proposing
coding for new law in Minnesota Statutes, chapters
97A; 116J; 176; 178; 268A; 383B; and 462A; repealing
Minnesota Statutes 1994, sections 97A.531,
subdivisions 2, 3, 4, 5, and 6; 116J.874, subdivision
6; 268A.01, subdivisions 7, 11, and 12; 268A.09;
298.2211, subdivision 3a; and 462A.21, subdivision 8c;
Laws 1990, chapter 521, section 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ECONOMIC DEVELOPMENT; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1996" and "1997," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 1996, or June 30, 1997,
respectively. The term "first year" means the fiscal year
ending June 30, 1996, and "second year" means the fiscal year
ending June 30, 1997.
SUMMARY BY FUND
1995 1996 1997 TOTAL
General $408,000 $194,091,000 $160,733,000 $355,232,000
Petroleum Tank
Cleanup 838,000 842,000 1,680,000
Trunk Highway 670,000 670,000 1,340,000
Special
Compensation 407,000 20,641,000 18,179,000 39,227,000
Special Revenue 336,000 341,000 677,000
TOTAL $815,000 $216,576,000 $180,765,000 $398,156,000
APPROPRIATIONS
Available for the Year
Ending June 30
1995 1996 1997
Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. Total
Appropriation $ $ 36,579,000 $ 21,648,000
Summary by Fund
General 35,909,000 20,978,000
Trunk Highway 670,000 670,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Business and Community
Development
23,961,000 9,351,000
$100,000 the first year and $100,000
the second year are for the affirmative
enterprise program. The appropriation
is available until spent.* (The
preceding paragraph beginning "$100,000"
was vetoed by the governor.)
$6,017,000 the first year is for
economic recovery grants, of which
$500,000 may be used for the purposes
of the capital access program, and is
available until spent.
$379,000 the first year and $379,000
the second year are for the small
cities federal match.
$200,000 the first year and $200,000
the second year are for grants to
Advantage Minnesota, Inc. The funds
are available only if matched on at
least a dollar-for-dollar basis from
other sources. The commissioner may
release the funds only upon:
(1) certification that matching funds
from each participating organization
are available; and
(2) review and approval by the
commissioner of the proposed operations
plan of Advantage Minnesota, Inc. for
the biennium.
$450,000 the first year and $450,000
the second year are for the state's
match for the federal small business
development centers. If funding in one
year is insufficient, the other year's
appropriation is available.
$1,987,000 the first year and
$1,962,000 the second year are for the
job skills partnership program.
$300,000 is to the job skills
partnership board for the purpose of
funding the development and
implementation of a program by the city
of St. Paul which connects the economic
development activities of the St. Paul
port authority with the city of St.
Paul's employment and job development
programs. This employment connection
program shall be administered by the
port authority consistent with, and
subject to, the program requirements of
the Minnesota job skills partnership
program. The appropriation is
available until spent.
$100,000 the first year and $100,000
the second year are to the job skills
partnership board for a grant to the
city of Minneapolis' employment
connection program with the Minneapolis
Community Development Agency.
$7,800,000 is for grants under
Minnesota Statutes, sections 116J.551
to 116J.558. This appropriation is
available until spent.
$100,000 is for a grant to the Phoenix
Group, Inc. The grant must be used to
make grants and loans and provide
technical and other assistance to
community residents in neighborhoods
with high levels of poverty for the
purpose of creating business
opportunities to promote
self-sufficiency. The appropriation is
available for the biennium ending June
30, 1997.
$200,000 the first year is for a grant
to Hennepin county for the
multijurisdictional reinvestment
program established in Minnesota
Statutes, section 383B.79. Hennepin
county, working in conjunction with the
metropolitan council, shall report to
the senate committee on jobs, energy,
and community development and the house
committee on economic development,
infrastructure, and regulation finance
by February 15, 1996, with its
recommendations, funding needs, and
potential funding sources to carry out
the multijurisdictional reinvestment
program. This appropriation does not
lapse, and is available until spent.
$450,000 the first year and $515,000
the second year are from fees collected
under Minnesota Statutes, section
446A.04, subdivision 5, and credited to
the general fund to administer the
programs of the public facilities
authority.
$250,000 is for the state's share for a
matching defense conversion grant to
Hennepin and Ramsey counties from the
United States department of commerce
economic development administration.
The state and local government
contribution must be matched at least
three to one by the federal
government. This appropriation is
available until spent.
Subd. 3. Minnesota Trade Office
2,304,000 2,318,000
$150,000 the first year and $150,000
the second year are for state
participation in the federal City-State
Leveraged Financing Program.
Subd. 4. Tourism
8,172,000 8,147,000
Summary by Fund
General 7,502,000 7,477,000
Trunk Highway 670,000 670,000
$100,000 is for the costs of activities
by the commissioner of trade and
economic development to resolve a
dispute concerning fishing restrictions
in Ontario waters that unduly restrict
the rights of Minnesota residents to
take fish by angling in border waters.
The commissioner may use this
appropriation for (1) a grant to the
attorney general to study a legal
challenge in the courts of Ontario or
any other available forum to actions of
that province relating to fishing
rights of Minnesotans in border waters,
(2) efforts to mediate the dispute, (3)
seeking recourse through the mechanisms
of international trade agreements, or
(4) other actions the commissioner
deems necessary to achieve a
resolution. This appropriation is
available until spent.
$100,000 the first year and $175,000
the second year are for expanded group
tour marketing and to host the National
Tour Association Convention in
Minnesota in 1996.
To develop maximum private sector
involvement in tourism, $2,500,000 the
first year and $2,500,000 the second
year of the amounts appropriated for
marketing activities are contingent
upon receipt of an equal contribution
of nonstate sources that have been
certified by the commissioner. Up to
one-half of the match may be given in
in-kind contributions. This
appropriation may not be spent until
the money is matched. Of this
appropriation, $400,000 the first year
and $400,000 the second year are for
international marketing and tourism
promotion to maximize international
tourism to Minnesota and to promote
Minnesota goods and services in the
international market place. The office
of tourism shall consult with the trade
office in these promotional efforts.
The office shall report on January 1,
1997, to the chairs of the legislative
committees with jurisdiction over
economic development policy and finance
on these promotional efforts.
In order to maximize marketing grant
benefits, the commissioner must give
priority for joint venture marketing
grants to organizations with year-round
sustained tourism activities. For
programs and projects submitted, the
commissioner must give priority to
those that encompass two or more areas
or that attract nonresident travelers
to the state.
Any unexpended money from general fund
appropriations made under this
subdivision do not cancel, but must be
placed in a special advertising account
for use by the office of tourism to
purchase additional media.
If an appropriation for either year for
grants is not sufficient, the
appropriation for the other year is
available for it.
$229,000 the first year and $229,000
the second year are for the Minnesota
film board. This appropriation is
available only upon receipt by the
board of $1 in matching contributions
of money or in-kind from nonstate
sources for every $3 provided by this
appropriation.
The commissioner may use grant dollars
or the value of in-kind services to
provide the state contribution for the
joint venture grant program.
Subd. 5. Administration
2,142,000 1,832,000
$670,000 the first year and $330,000
the second year are for network
management services and support.
Sec. 3. MINNESOTA TECHNOLOGY, INC. 8,034,000 7,834,000
$6,105,000 the first year and
$6,105,000 the second year are for
transfer from the general fund to the
Minnesota Technology, Inc. fund.
$75,000 the first year and $75,000 the
second year are for grants to Minnesota
Inventors Congress.
$494,000 the first year and $494,000
the second year are for grants to
Minnesota Project Innovation.
$1,147,000 the first year and $947,000
the second year are for grants to
Natural Resources Research Institute.
Of this appropriation the institute
shall spend $200,000 the first year as
follows:* (The language "and $947,000
the second year" and "Of this
appropriation the institute shall spend
$200,000 the first year as follows:"
were vetoed by the governor.)
(1) $100,000 is for a study of water
quality impacts and permitting
requirements related to peat harvesting
operations. The study must include:
(i) a review of existing water quality
permitting requirements and the ability
of peat producers to comply with these
requirements; (ii) establishment and
monitoring of representative background
control and downstream sampling
locations at selected peat harvesting
operations; (iii) an evaluation of the
use of innovative best management
practices to minimize downstream water
quality impacts; and (iv) development
of a model water quality permit for
peat harvesting operations in this
state. By October 1, 1997, the
institute shall report on the results
of the study to the chairs of the
senate and house environment and
natural resources committees. The
report must include recommendations, if
any, for changes to existing state laws
and rules relating to water quality
permitting requirements for peat
harvesting operations.* (The preceding
paragraph beginning "(1) $100,000" was
vetoed by the governor.)
(2) $100,000 is for a grant to Rainy
River community college for a study of
reclamation and restoration options for
harvested peatlands. The grant
recipient must submit to the chairs of
the senate and house environment and
natural resources committees a report
on the study, including any
recommendations for changes to existing
laws and rules relating to reclamation
and restoration of harvested
peatlands.* (The preceding paragraph
beginning "(2) $100,000" was vetoed by
the governor.)
$88,000 the first year and $88,000 the
second year are for grants to Minnesota
Council for Quality.
$50,000 the first year and $50,000 the
second year are for grants to Minnesota
Technology Corridor Corporation.
$75,000 the first year and $75,000 the
second year are for grants to Minnesota
Cold Weather Research Center.
Sec. 4. WORLD TRADE CENTER CORP. 170,000
Sec. 5. ECONOMIC SECURITY 51,952,000 47,772,000
Subdivision 1. Rehabilitation Services
18,232,000 18,232,000
$100,000 the first year and $100,000
the second year are for centers for
independent living.
$70,000 in 1996 and $70,000 in 1997 is
for mentally ill employment support
services authorized by Minnesota
Statutes, section 268A.13.
$50,000 the first year and $50,000 the
second year are for purposes of
planning, implementing, and managing
the statewide reimbursement system
authorized by Minnesota Statutes,
section 268A.14.
Subd. 2. State Services for the Blind
3,638,000 3,659,000
This appropriation may be supplemented
by funds provided by the Friends of the
Communication Center, for support of
Services for the Blind's Communication
Center, which serves all blind and
visually handicapped Minnesotans. The
commissioner shall report to the
legislature on a biennial basis the
funds provided by the Friends of the
Communication Center.
Subd. 3. Community-Based Services
30,082,000 25,881,000
$935,000 the first year and $935,000
the second year are for operating costs
of transitional housing programs under
Minnesota Statutes, section 268.38.
$7,000,000 the first year and
$7,000,000 the second year are for the
Minnesota economic opportunity grant
program. Of this appropriation the
commissioner may use up to 8.7 percent
each year for state operations.
For the biennium ending June 30, 1997,
the commissioner shall transfer to the
low-income home weatherization program
at least five percent of the money
received under the low-income home
energy assistance block grant in each
year of the biennium and shall spend
all of the transferred money during the
year of the transfer or the year
following the transfer. Up to 1.63
percent of the transferred money may be
used by the commissioner for
administrative purposes.
For the biennium ending June 30, 1997,
no more than 1.63 percent of money
remaining under the low-income home
energy assistance program after
transfers to the weatherization program
may be used by the commissioner for
administrative purposes.
The state appropriation for the
temporary emergency food assistance
program may be used to meet the federal
match requirements.
$100,000 the first year and $100,000
the second year are for youth
intervention programs under Minnesota
Statutes, section 268.30, subdivisions
1 and 2. Funding may be used to expand
existing programs to serve unmet needs
and to create new programs in
underserved areas. In awarding these
new funds, the commissioner may waive
or modify the requirement for local
match when this requirement deters
expansion to underserved communities or
populations. This appropriation is
available until spent.
Notwithstanding Minnesota Statutes,
section 268.022, subdivision 2, the
commissioner of finance shall transfer
to the general fund from the dedicated
fund $3,000,000 in the first year and
$3,000,000 in the second year of the
money collected through the special
assessment established in Minnesota
Statutes, section 268.022, subdivision
1.
Of this appropriation, $3,000,000 the
first year is for summer youth
employment programs.
Of the money appropriated for the
summer youth employment programs for
the first year, $750,000 is immediately
available. Any remaining balance of
the immediately available money is
available for the year in which it is
appropriated. If the appropriation for
either year of the biennium is
insufficient, money may be transferred
from the appropriation for the other
year.
$200,000 the first year is for youth
employment and for housing for the
homeless through the YOUTHBUILD
program. A Minnesota YOUTHBUILD
program funded under this section as
authorized in Minnesota Statutes,
sections 268.361 to 268.367 qualifies
as an approved training program under
Minnesota Rules, part 5200.0930,
subpart 1.
Of the appropriation for Head Start,
the commissioner may use up to two
percent each year for state operations.
$250,000 is for the learn to earn
summer youth employment demonstration
program established in section 39.
This appropriation is available until
spent.
Sec. 6. HOUSING FINANCE AGENCY 30,082,000 17,532,000
This appropriation is for transfer to
the housing development fund for the
programs specified. This transfer is
part of the agency's permanent budget
base.
Any state appropriations used to meet
match requirements under Title II of
the National Affordable Housing Act of
1990, Public Law Number 101-625, 104
Stat. 4079, must be repaid, to the
extent required by federal law, to the
HOME Investment Trust Fund established
by the department of housing and urban
development pursuant to Title II of the
National Affordable Housing Act of 1990
for the state of Minnesota or for the
appropriate participating jurisdiction.
State appropriations to the Minnesota
housing finance agency may be granted
by the agency to cities or nonprofit
organizations to the extent necessary
to meet match requirements under Title
II of the National Affordable Housing
Act of 1990, Public Law Number 101-625,
104 Stat. 4079, provided that other
program requirements are met.
Spending limit on cost of general
administration of agency programs:
1996 1997
10,493,000 9,911,000
$1,200,000 the first year and
$1,200,000 the second year are for a
rental housing assistance program for
persons with a mental illness or
families with an adult member with a
mental illness under Minnesota
Statutes, section 462A.2097.
$6,000,000 is for the affordable rental
investment fund program. To the extent
practicable, this appropriation shall
be used so that an approximately equal
number of housing units are financed in
the metropolitan area, as defined in
Minnesota Statutes, section 473.121,
subdivision 2, and in the
nonmetropolitan area.
(a) In the area of the state outside
the metropolitan area, the agency must
work with groups in the funding regions
created under Minnesota Statutes,
section 116N.08 to assist the agency in
identifying the affordable housing
needed in each region in connection
with economic development and
redevelopment efforts and in
establishing priorities for uses of the
affordable rental investment fund. The
groups must include the regional
development commissioners, the regional
organization selected under section
116N.08, the private industry councils,
units of local government, community
action agencies, the Minnesota housing
partnership network groups, local
lenders, for-profit and nonprofit
developers, and realtors. In addition
to priorities developed by the group,
the agency must give a preference to
economically viable projects in which
units of local government, area
employers, and the private sector
contribute financial assistance.
(b) In the metropolitan area, the
commissioner shall collaborate with the
metropolitan council to identify the
priorities for use of the affordable
rental investment fund. Funds
distributed in the metropolitan area
must be used consistent with the
objectives of the metropolitan
development guide, adopted under
Minnesota Statutes, section 473.145.
In addition to the priorities
identified in conjunction with the
metropolitan council, the agency shall
give preference to economically viable
projects that:
(1) include a contribution of financial
resources from units of local
government and area employers;
(2) take into account the availability
of transportation in the community; and
(3) take into account the job training
efforts in the community.
$5,800,000 is for the community
rehabilitation program. Of this
amount, $250,000 each year is for full
cycle home ownership and
purchase-rehabilitation lending
initiatives. At least 20 percent of
this appropriation must be used in
areas in a city of the first class
located in the metropolitan area, as
defined in Minnesota Statutes, section
473.121, subdivision 2, in which at
least one census tract meets at least
three of the four following criteria:
(1) at least 70 percent of the housing
structures were built before 1960;
(2) at least 60 percent of the
single-family housing is owner
occupied;
(3) the median value, as recorded in
the 1990 federal decennial census, of
the area's owner-occupied housing is
not more than 100 percent of the
purchase price limit for existing homes
eligible for purchase in the area under
the agency's home mortgage loan
program; and
(4) between 1980 and 1990, the rate of
owner-occupancy of residential
properties in the area declined by five
percent, or at least 80 percent of the
residential properties in the area are
rental properties.
The area shall include eight blocks in
any direction from the census tract.
In cities of the first class located in
the metropolitan area the appropriation
may be used only for grants and loans
for owner-occupied housing. Priority
must be given for property located in
an area that meets all four of the
criteria. This appropriation may fund
grants in an amount greater or less
than $350,000 and a grantee may receive
grants to serve one or more census
tracts within a city.
In distributing funds available from
the 1994 Series E bond sale, the
agency, in accordance with the terms of
that sale, shall give priority to
requests for use of the funds in cities
which receive funding from this
appropriation to the community
rehabilitation program.
$150,000 is for equal grants to the six
regional organizations selected under
Minnesota Statutes, section 116N.08,
for capacity building grants and if the
appropriation is not spent under that
section it is available for the
capacity building grant program under
Minnesota Statutes, section 462A.21,
subdivision 3b.
$187,000 the first year and $187,000
the second year are for the urban
Indian housing program under Minnesota
Statutes, section 462A.07, subdivision
15.
$1,683,000 the first year and
$1,683,000 the second year are for the
tribal Indian housing program under
Minnesota Statutes, section 462A.07,
subdivision 14.
$186,000 the first year and $186,000
the second year are for the Minnesota
rural and urban homesteading program
under Minnesota Statutes, section
462A.057.
The agency may use up to $1,000,000 of
available resources for the purpose of
making loans under the Minnesota rural
and urban homesteading program
established under Minnesota Statutes,
section 462A.057, subdivision 1. The
commissioner shall report to the
relevant finance divisions in the house
of representatives and senate on the
outcomes of this program January 15 of
each year.
$500,000 is for the purpose of
residential lead paint and lead
contaminated soil abatement under
Minnesota Statutes, section 462A.05,
subdivision 15c, paragraph (b).* (The
preceding paragraph beginning
"$500,000" was vetoed by the governor.)
$4,287,000 the first year and
$4,287,000 the second year are for the
housing rehabilitation and
accessibility program under Minnesota
Statutes, section 462A.05, subdivision
14a.
$1,500,000 the first year and
$1,500,000 the second year are for the
rent assistance for family
stabilization program under Minnesota
Statutes, section 462A.205.
$100,000 is for the contract for deed
guarantee account.
$200,000 the first year and $200,000
the second year are for family homeless
prevention and assistance program.
$200,000 the first year and $200,000
the second year are for the emergency
mortgage foreclosure prevention and
emergency rental assistance program.*
(The preceding language "and $200,000
the second year are" was vetoed by the
governor.)
$25,000 the first year and $25,000 the
second year are for home equity
conversion counseling grants under
Minnesota Statutes, section 462A.28.
Sec. 7. COMMERCE
Subdivision 1. Total
Appropriation 15,087,000 15,162,000
Summary by Fund
General 13,913,000 13,979,000
Petro Cleanup 838,000 842,000
Special Revenue 336,000 341,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Financial Examinations
3,775,000 3,790,000
Subd. 3. Registration and Analysis
3,995,000 4,002,000
Subd. 4. Enforcement and Licensing
3,913,000 3,934,000
Summary by Fund
General 3,577,000 3,593,000
Special Revenue 336,000 341,000
$336,000 the first year and $341,000
the second year are from the real
estate education, research, and
recovery account in the special revenue
fund for the purpose of Minnesota
Statutes, section 82.34, subdivision
6. If the appropriation from the
special revenue fund for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 5. Petroleum Tank Release
Cleanup Board
838,000 842,000
This appropriation is from the
petroleum tank release cleanup account
in the environmental fund for
administration.
Subd. 6. Administrative Services
2,716,000 2,744,000
Subd. 7. General Reduction
(150,000) (150,000)
Sec. 8. BOARD OF ACCOUNTANCY 537,000 558,000
Sec. 9. BOARD OF ARCHITECTURE,
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE, AND
INTERIOR DESIGN 100,000 625,000 635,000
The appropriation for fiscal year 1995
is for legal fees and is available
until June 30, 1997.
Sec. 10. BOARD OF BARBER
EXAMINERS 128,000 129,000
Sec. 11. BOARD OF BOXING 75,000 75,000
Sec. 12. LABOR AND INDUSTRY
Subdivision 1. Total
Appropriation 23,136,000 20,680,000
Summary by Fund
General 3,866,000 3,883,000
Workers'
Compensation 407,000 19,270,000 16,797,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Workers' Compensation
Regulation and Enforcement
407,000 11,861,000 9,412,000
Summary by Fund
General 100,000 100,000
Special
Compensation 407,000 11,761,000 9,312,000
The appropriation for fiscal year 1995
is from the special compensation fund
for litigation expenses.
$2,500,000 the first year is from the
worker's compensation special
compensation fund for the Daedalus
imaging systems project, to be
available until June 30, 1997.
$100,000 in the first year and $100,000
in the second year are for grants to
the Vinland Center for rehabilitation
service.
Notwithstanding Minnesota Statutes,
section 79.253, $45,000 the first year
and $45,000 the second year are
appropriated from the assigned risk
safety account in the special
compensation fund to the commissioner
of labor and industry for the purpose
of providing information to employers
regarding the prevention of violence in
the workplace.
Notwithstanding Minnesota Statutes,
section 79.253, $140,000 the first year
and $140,000 the second year are
appropriated from the assigned risk
safety account in the special
compensation fund to the commissioner
of labor and industry for the purpose
of hiring two occupational safety and
health inspectors. The inspectors
shall perform safety consultations for
employers through labor-management
committees as defined in Minnesota
Statutes, section 179.81, subdivision
2, under an interagency agreement
entered into between the commissioners
of labor and industry and mediation
services.
Subd. 3. Workplace Services
5,353,000 5,339,000
Summary by Fund
General 2,516,000 2,527,000
Workers' Comp. 2,837,000 2,812,000
Subd. 4. General Support
5,922,000 5,929,000
Summary by Fund
General 1,250,000 1,256,000
Workers'
Compensation 4,672,000 4,673,000
$204,000 the first year and $204,000
the second year are for labor education
and advancement program grants.
Sec. 13. MEDIATION SERVICES
Subdivision 1. Total
Appropriation 1,820,000 1,823,000
Subd. 2. Labor Management Cooperation Grants
222,000 222,000
$222,000 the first year and $222,000
the second year are for grants to area
labor-management committees. Any
unencumbered balance remaining at the
end of the first year does not cancel
but is available for the second year.
Subd. 3. Office of Dispute Resolution
81,000 81,000
Sec. 14. WORKERS' COMPENSATION
COURT OF APPEALS 1,371,000 1,382,000
This appropriation is from the special
compensation fund.
Sec. 15. LABOR INTERPRETIVE
CENTER 140,000 200,000
Sec. 16. PUBLIC UTILITIES
COMMISSION 3,244,000 3,219,000
Sec. 17. DEPARTMENT OF PUBLIC SERVICE
Subdivision 1. Total
Appropriation 8,797,000 8,763,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Telecommunications
761,000 767,000
Subd. 3. Weights and Measures
2,926,000 2,937,000
Subd. 4. Information and Operations
Management
1,461,000 1,472,000
Subd. 5. Energy
3,649,000 3,587,000
$588,000 the first year and $588,000
the second year are for transfer to the
energy and conservation account
established in Minnesota Statutes,
section 216B.241, subdivision 2a, for
programs administered by the
commissioner of economic security to
improve the energy efficiency of
residential oil-fired heating plants in
low-income households and, when
necessary, to provide weatherization
services to the homes.
Sec. 18. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. Total
Appropriation 18,889,000 18,832,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The Minnesota historical society is
eligible for a salary supplement in the
same manner as state agencies if one is
available. Employees of the Minnesota
historical society will be paid in
accordance with the appropriate pay
plan.
Subd. 2. Public Programs
and Operations 18,434,000 18,500,000
(a) History Center Operations
9,043,000 9,043,000
(b) History Center Building Services
5,568,000 5,568,000
(c) Historic Site Operations
2,749,000 2,815,000
(d) Statewide Outreach
644,000 644,000
(e) Repair and Replacement
430,000 430,000
Subd. 3. Fiscal Agent 455,000 332,000
(a) State Archaeologist
104,000 104,000
(b) Sibley House Association
88,000 88,000
This appropriation is available for
operation and maintenance of the Sibley
house and related buildings on the Old
Mendota state historic site operated by
the Sibley house association.
(c) Minnesota International Center
50,000 50,000
(d) Minnesota Air National
Guard Museum
19,000
(e) Institute for Learning and
Teaching - Project 120
90,000 90,000
(f) Minnesota Military Museum
29,000
(g) Farmamerica
25,000
Notwithstanding any other law, this
appropriation may be used for
operations.
(h) Kee theatre
25,000
(i) Federal National Guard Museum
25,000
(j) Balances Forward
Any unencumbered balance remaining in
this subdivision the first year does
not cancel but is available for the
second year of the biennium.
Subd. 4. Preservation grants
Notwithstanding Laws 1994, chapter 643,
section 19, subdivision 5, the
historical society may award grants
from the unexpended balance under that
subdivision to public agencies or
entities based on historical
preservation purposes and needs. The
society shall require significant
matching money for such projects. A
grant awarded under this section for
historical preservation is not subject
to the requirements of Minnesota
Statutes, section 16A.695.
Subd. 5. Carryover
Amounts appropriated under Laws 1993,
chapter 369, section 12, subdivisions
2, 3, 4, and 5, do not cancel on June
30, 1995, but are available until June
30, 1997.
Sec. 19. MINNESOTA HUMANITIES
COMMISSION 586,000 586,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 20. BOARD OF THE ARTS
Subdivision 1. Total Appropriation 6,897,000 6,903,000
Any unencumbered balance remaining in
this section the first year does not
cancel but is available for the second
year of the biennium.
Subd. 2. Operations and Services 690,000 693,000
Subd. 3. Grants Program 4,781,000 4,783,000
The board shall spend this
appropriation to ensure that at least
ten percent of the expenditure is for
arts programs intended primarily for
children.
Subd. 4. Regional Arts
Councils 1,426,000 1,427,000
The board shall distribute this
appropriation to the regional arts
councils to ensure that ten percent of
the total distribution in each region
is for arts programs intended primarily
for children.
Sec. 21. MINNESOTA MUNICIPAL
BOARD 300,000 287,000
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
Sec. 22. UNIFORM LAWS
COMMISSION 29,000 29,000
Sec. 23. COUNCIL ON BLACK
MINNESOTANS 229,000 232,000
The appropriation for the second year
is contingent on submission of the
report required in section 35.
Sec. 24. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE 246,000 248,000
During the biennium ending June 30,
1997, council publications may contain
advertising. Receipts from advertising
are appropriated to the council for
purposes of council publications. For
the biennium ending June 30, 1997, the
council shall report to the legislature
on the revenues and expenditures from
advertising by February 15 each year.
The appropriation for the second year
is contingent on submission of the
report required in section 35.
Sec. 25. COUNCIL ON
ASIAN-PACIFIC MINNESOTANS 198,000 200,000
The appropriation for the second year
is contingent on submission of the
report required in section 35.
Sec. 26. INDIAN AFFAIRS
COUNCIL 508,000 463,000
For the biennium ending June 30, 1997,
federal money received for the Indian
affairs council is appropriated to the
council and added to this appropriation.
The appropriation for the second year
is contingent on submission of the
report required in section 35.
Sec. 27. SECRETARY OF STATE
Subdivision 1. Total
Appropriation 6,617,000 5,573,000
The amounts that may be spent from this
appropriation for each activity are
specified in the following subdivisions.
Subd. 2. Administration
938,000 947,000
Subd. 3. Operations
5,231,000 4,103,000
The legislature estimates that the
increase in fees for expedited
processing under Minnesota Statutes,
section 5.14, provided for by this act,
will increase revenue to the general
fund by $350,000 the first year and
$350,000 the second year.
Subd. 4. Election Administration
448,000 523,000
Sec. 28. BOARD FOR COMMUNITY
COLLEGES 300,000
This appropriation is to the state
board for community colleges or its
successor for the design through
development of construction documents,
to the extent possible given the amount
of the appropriation, for a residential
facility at Fond du Lac community
college. The facility is intended for
Indian students, to help immerse them
in Indian culture while attending the
college. The board shall include the
facility in its capital budget request
for consideration by the 1996
legislature. This appropriation is
available until expended.
Sec. 29. ETHICAL PRACTICES
BOARD 308,000
This appropriation is for fiscal year
1995. Of this appropriation, $291,000
is for litigation expenses and $17,000
is for severance costs.
Sec. 30. [EFFECTIVE DATE FOR LAWS 1995, CHAPTER 22.]
Laws 1995, chapter 22, is effective March 28, 1995. This
section is effective the day following final enactment.
Sec. 31. Laws 1994, chapter 573, section 5, subdivision 2,
is amended to read:
Subd. 2. [PUBLIC UTILITIES COMMISSION; RESEARCH PROJECTS.]
$150,000, or so much of this amount as may be needed, is
appropriated from the general fund to the public utilities
commission to complete the work of the team of science advisors
as specified in section 1 or initiate research projects in
fiscal year 1995 as recommended by the team of science advisors
and approved by the commission. Any amount of this
appropriation that remains unencumbered after June 30, 1996,
reverts to the general fund.
Sec. 32. Laws 1993, chapter 369, section 9, subdivision 2,
is amended to read:
Subd. 2. Workers' Compensation
Regulation and Enforcement
14,961,000 9,410,000
Summary by Fund
General 100,000 100,000
Workers' Comp. 14,861,000 9,310,000
$5,000,000 the first year from the
special compensation fund is for the
Daedalus imaging systems project. This
appropriation must not be allotted
until the commissioner certifies that
all information policy office
requirements for this project have been
met or will be met. This appropriation
is available for either year of the
biennium until June 30, 1997.
$100,000 in the first year and $100,000
in the second year are for grants to
the Vinland Center for rehabilitation
service.
Fee receipts collected as a result of
providing direct computer access to
public workers' compensation data on
file with the commissioner must be
credited to the general fund.
Sec. 33. Laws 1993, chapter 369, section 9, subdivision 3,
is amended to read:
Subd. 3. Workplace Services
5,455,000 4,744,000
Summary by Fund
General 2,704,000 2,703,000
Workers' Comp. 2,751,000 2,041,000
This appropriation includes the
transfer of the industrial hygiene
activity from the department of
health. The appropriation for this
activity is from the special
compensation fund.
$710,000 the first year from the
special compensation fund is for
litigation of alleged ergonomic
violations cases under the occupational
safety and health act (OSHA). This
appropriation is available for either
year of the biennium until June 30,
1997.
Sec. 34. [BASE CUT TRANSFERS.]
For any agency assigned base cuts in this act, the
proportion of agency base cuts for pass-through grants compared
to total agency base cuts may not exceed the proportion of
dollars appropriated for pass-through grants in the agency
compared to total dollars appropriated to that agency.
Sec. 35. [COUNCILS TO REPORT.]
(a) The Indian affairs council, the council on affairs of
Spanish-speaking people, the council on Black Minnesotans, and
the council on Asian-Pacific Minnesotans shall, individually and
jointly as provided in paragraph (b), conduct a study of each
council's membership and operations. Each council's study must
contain recommendations on:
(1) removal of council members by the governor;
(2) statutory requirements and qualifications for council
membership;
(3) appointment of the council director, including
qualifications;
(4) methods of reducing overall costs of the councils
through sharing of staff and administrative expenses;
(5) methods of improving coordination with other state
agencies;
(6) methods of reducing burdensome reporting requirements
without compromising accountability;
(7) methods of educating council members in management
issues for state agencies, including but not limited to
statewide budget and accounting practices, management practices,
and legal liability; and
(8) a statement of the mission of each council and
measurable impact goals for each council.
(b) Each council must make all feasible efforts to
coordinate its study with each other council's study, to achieve
the maximum possible consistency in recommendations.
(c) Each council must consult with the governor's office in
studying paragraph (b), items (1) to (3).
(d) Each council must submit its report to the legislature
by February 1, 1996.
Sec. 36. [STUDY TO ASSESS BENEFITS OF CIVIC CENTERS.]
The division of tourism of the department of trade and
economic development shall conduct a statewide study assessing
the benefits of publicly owned civic and convention centers to
the convention and tourism industry in the state. The results
of the study shall be reported to the house capital investment
committee and the senate finance committee by September 30,
1995. A copy of the study shall be given to the governor and to
the commissioner of finance, who shall consider whether to
include funding for civic and convention centers in the 1996
capital budget.
Sec. 37. [WORKERS' COMPENSATION DIVISION; SALARIES;
MANAGERIAL PLAN.]
Funds appropriated to the department of labor and industry
may not be used to pay the salaries for any positions in the
managerial plan under Minnesota Statutes, section 43A.18,
subdivision 3, in the workers' compensation division unless the
positions existed on October 1, 1994, and had been filled on or
before that date. This section does not prohibit the addition
or modification of duties or responsibilities to existing
managerial plan positions.
Sec. 38. [BRANDON FISHERIES ACQUISITION.]
The commissioner of trade and economic development shall
study whether it is economically feasible and otherwise
appropriate for the state to acquire the Brandon fisheries
property near Brandon, Minnesota, for the purpose of a rest stop
or tourism information center. The results of the study shall
be reported to the relevant finance divisions and committees of
the legislature by January 15, 1996.
Sec. 39. [DEMONSTRATION PROGRAM.]
The commissioner of economic security shall fund a
demonstration program for summer youth employment which requires
that youth who are otherwise eligible for employment under
Minnesota Statutes, sections 268.56 and 268.561, participate in
a program of remedial education involving reading and writing
skills in both a learning and teaching capacity as part of
summer youth programs. The commissioner shall evaluate the
success of the program and report to the chairs of the jobs,
energy, and community development committee of the senate and
the economic development, infrastructure, and regulation finance
committee of the house of representatives.
Sec. 40. [REGIONAL PROGRAM TO IDENTIFY ENERGY-EFFICIENCY
INVESTMENT OPPORTUNITIES FOR BUSINESS.]
Subdivision 1. [PURPOSE.] A grant program for fiscal year
1996 is established to support regional efforts to identify
energy-efficiency investments for businesses to provide
opportunities for economic growth and job creation.
Subd. 2. [GRANT APPLICATION AND REVIEW PROCESS.] Regional
development commissions are eligible to apply to the
commissioner of public service for grants under this section.
Applications must be submitted to the commissioner in the form
and manner determined by the commissioner. The applicant must
specify a process for identifying business and industrial
sectors most appropriate for making changes in energy use. This
regional process may include surveys, interviews, and regional
forums to identify opportunities for energy-efficiency
improvements and the use of new energy resources by businesses.
The applicant must identify and retain the services of an
appropriate nonprofit corporation to provide the technical
expertise to assess energy-efficiency opportunities in new,
existing, and expanding businesses, to analyze the
cost-effectiveness of the opportunities, and to facilitate
relationships among utilities, energy service providers,
businesses, and public agencies that result in cost-effective
investments in energy-efficiency improvements that contribute to
economic development. These efforts must be designed to
maximize participation in utility conservation and energy
efficiency programs and to promote the growth of the energy
service industry in the region, which includes engineering
firms, distributors, contractors, and other energy service
providers.
In each participating region, the regional development
commission shall establish a project oversight committee that
shall consist of a labor representative, a utility
representative, a business representative, and not more than two
additional members. This committee shall review and approve the
project work plan and proposed activities and energy-efficiency
installations undertaken as part of the project.
Subd. 3. [EVALUATION.] Each grant proposal must include a
process for evaluating the specific business cost savings
resulting from the regional energy-efficiency program activity.
Subd. 4. [REPORT.] The commissioner of public service
shall report to the legislature by January 1, 1997, on the
business investments in energy-efficiency technology which
resulted from the grant program.
Sec. 41. [RADIO TALKING BOOK FOR THE BLIND.]
The commissioner of the department of economic security,
the Friends of the Communication Center, the Rehabilitation
Advisory Council of the Blind, and consumer organizations of the
blind must initiate open public discussions regarding
privatization of the Radio Talking Book for the Blind. The
discussions must include, but not be limited to, a study of the
Radio Talking Book, its statewide coverage, effectiveness of
service, staffing, funding, programming, and the relationship
between State Services for the Blind, the Friends of the
Communication Center, consumer organizations of the blind, and
Radio Talking Book consumers.
Sec. 42. [EXTENDED EMPLOYMENT AUDITS.]
The department of economic security, division of vocational
rehabilitation, must complete its audit and reconciliation for
extended employment programs according to the following schedule:
(1) fiscal year 1991 by April 14, 1995;
(2) fiscal year 1992 by July 28, 1995;
(3) fiscal year 1993 by July 28, 1995; and
(4) fiscal year 1994 by June 1, 1996.
Sec. 43. [LEGISLATIVE AUDITOR; ECONOMIC RECOVERY GRANT
PROGRAM.]
The legislative audit commission is requested to direct the
legislative auditor to conduct an evaluation of the economic
recovery grant program under Minnesota Statutes, section
116J.873. The evaluation must include an audit of loans and
grants made under the program and the criteria used in selecting
projects for grants and loans. The legislative auditor shall
report the results of the evaluation to the legislature by
January 15, 1996.
Sec. 44. [LEGISLATIVE AUDITOR; BUSINESS ASSISTANCE
PROGRAMS.]
The legislative audit commission is requested to direct the
legislative auditor to conduct an evaluation of business
assistance programs of state and local governments and report
the results of the evaluation to the legislature by January 15,
1996. The evaluation must include tax increment financing
assistance. The evaluation must identify the source of public
funds for each project, number of jobs proposed or promised at
the time of application and the number of jobs created,
estimated number of jobs retained, salary and benefit
distribution and dispersal by company for the jobs resulting
from the public assistance, the number and name of projects
approved, and, if possible, the number of jobs displaced by the
assistance.
The salary distribution must show the number of employees
in salary per hour bands, one dollar in width, beginning with
the minimum wage and proceeding to the maximum salary paid.
Sec. 45. [WASTE WOOD COGENERATION FACILITIES; BIOMASS
MANDATE.]
Electric energy produced at a St. Paul district heating and
cooling system cogeneration facility which utilizes waste wood
as a primary fuel source may also count toward satisfaction of
up to 25 megawatts of the amount of biomass energy required by
Minnesota Statutes, section 216B.2424, clause (2), provided that:
(1) the cogeneration facility utilizes nonhazardous tree
trimmings and other nonhazardous waste wood, including, but not
limited to, wood that would otherwise be landfilled or burned in
a process not designed to reclaim and use the energy contained
therein as a primary fuel source; and
(2) the cogenerated thermal load of such facility replaces
a thermal load produced by nonrenewable fuels; and
(3) construction of the cogeneration facility begins after
August 1, 1995.
All projects seeking to satisfy the biomass mandate of
Minnesota Statutes, section 216B.2424, in whole or in part must
be selected in a competitive bidding process or such other
selection process approved by the public utilities commission.
Sec. 46. [SUSTAINABLE BIOMASS ENERGY PRODUCTION PROJECT;
TECHNICAL ASSISTANCE AND SUPPORT.]
The commissioner of the department of agriculture, in
collaboration and consultation with the commissioners of the
departments of natural resources, trade and economic
development, and public service, shall provide technical
assistance and support to the Sustainable Biomass Energy
Production Project, a joint effort of the University of
Minnesota, the Minnesota Valley Alfalfa Producers, and other
public and private interests. The support shall include
assistance in analysis of environmental and economic benefits of
the proposed project, assistance in developing feasibility and
market assessments of the alfalfa-derived coproducts that would
be produced by the project, and assistance to aid the project in
securing a grant from the United States Department of Energy and
the United States Department of Agriculture under the Biomass
Power for Rural Development Initiative. The assistance provided
under this section shall terminate June 30, 1997.
Sec. 47. [COGENERATION; POWER PLANT SITING ACT EXEMPTION.]
(a) A person who proposes to construct a cogeneration
facility which utilizes gasified petroleum coke as its primary
fuel source which is derived as a by-product of the oil refining
process at an oil refining facility owned by the person
proposing the project may identify a single site for the project
in its application under Minnesota Statutes, section 116C.57,
subdivision 1, instead of the two sites normally required under
that subdivision, if the site is in reasonable proximity to the
thermal host of the cogeneration plant. For the purposes of
this subdivision, the "thermal host" of a cogeneration plant
means the facility in which the thermal energy produced by the
cogeneration plant is to be utilized. The environmental quality
board shall determine whether the cogeneration facility is
reasonably proximate to the thermal host with the understanding
that the site should be adjacent to or contiguous with the site
of the thermal host whenever practicable.
(b) A person who proposes to construct a cogeneration
facility as described in paragraph (a) may apply to the
environmental quality board to exempt the construction from the
requirements of Minnesota Statutes, sections 116C.51 to 116C.69,
under the provisions of Minnesota Statutes, section 116C.57,
subdivision 5a, notwithstanding the size restrictions found in
that subdivision. All other requirements of Minnesota Statutes,
section 116C.57, subdivision 5a, apply to an application for an
exemption under this subdivision. If the board determines that
the proposed site will not have a significant human and
environmental impact, the board may exempt the construction of
the proposed plant at the proposed site from the requirements of
Minnesota Statutes, sections 116C.51 to 116C.69 with any
appropriate conditions.
Sec. 48. Minnesota Statutes 1994, section 5.14, is amended
to read:
5.14 [TRANSACTION SURCHARGE.]
The secretary of state may impose a surcharge of $10 $20 on
each transaction involving over-the-counter expedited service,
other than simple copying requests, that takes place at the
office of the secretary of state.
Sec. 49. Minnesota Statutes 1994, section 16B.08,
subdivision 7, is amended to read:
Subd. 7. [SPECIFIC PURCHASES.] (a) The following may be
purchased without regard to the competitive bidding requirements
of this chapter:
(1) merchandise for resale at state park refectories or
facility operations;
(2) farm and garden products, which may be sold at the
prevailing market price on the date of the sale;
(3) meat for other state institutions from the technical
college maintained at Pipestone by independent school district
No. 583; and
(4) products and services from the Minnesota correctional
facilities.
(b) Supplies, materials, equipment, and utility services
for use by a community-based residential facility operated by
the commissioner of human services may be purchased or rented
without regard to the competitive bidding requirements of this
chapter.
(c) Supplies, materials, or equipment to be used in the
operation of a hospital licensed under sections 144.50 to 144.56
that are purchased under a shared service purchasing arrangement
whereby more than one hospital purchases supplies, materials, or
equipment with one or more other hospitals, either through one
of the hospitals or through another entity, may be purchased
without regard to the competitive bidding requirements of this
chapter if the following conditions are met:
(1) the hospital's governing authority authorizes the
arrangement;
(2) the shared services purchasing program purchases items
available from more than one source on the basis of competitive
bids or competitive quotations of prices; and
(3) the arrangement authorizes the hospital's governing
authority or its representatives to review the purchasing
procedures to determine compliance with these requirements.
(d) Supplies, materials, equipment, and utility services to
be used or purchased by the iron range resources and
rehabilitation board are subject to the competitive bidding
requirements of this chapter only as described in section
298.2211, subdivision 3a.
Sec. 50. Minnesota Statutes 1994, section 44A.01,
subdivision 2, is amended to read:
Subd. 2. [BOARD MEMBERSHIP.] The corporation is governed
by a board of directors consisting of:
(1) four members, representing the international business
community, elected to six-year terms by the association of
members established under section 44A.023, subdivision 2, clause
(5);
(2) four members, representing the international business
community, appointed by the governor, to serve at the governor's
pleasure;
(3) the mayor of St. Paul or the mayor's designee; and
(4) the commissioners of trade and economic development,
agriculture, and commerce; and
(5) three members of the house appointed by the speaker of
the house and three members of the senate appointed under the
rules of the senate, who serve as nonvoting members. One member
from each house must be a member of the minority party of that
house. Legislative members are appointed at the beginning of
each regular session of the legislature for two-year terms. A
legislator who remains a member of the body from which the
legislator was appointed may serve until a successor is
appointed and qualifies. A vacancy in a legislator member's
term is filled for the unexpired portion of the term in the same
manner as the original appointment.
Members appointed by the governor must be knowledgeable or
experienced in international trade in products or services.
Sec. 51. Minnesota Statutes 1994, section 97A.531, is
amended by adding a subdivision to read:
Subd. 7. [POSSESSION OF FISH ON LAKE OF THE WOODS.] While
in Minnesota, a person permitted to take and possess fish in
Minnesota and licensed by the province of Ontario to take and
possess fish may possess the daily limit of fish allowed by the
Ontario border water conservation tag, if the fish taken in
Ontario were taken on Ontario waters of Lake of the Woods north
of Big Island.
Sec. 52. [97A.552] [FISHING REGULATIONS; EXECUTIVE ORDER.]
Subdivision 1. [ORDER AUTHORIZED.] (a) The governor may by
executive order:
(1) require that fish that are lawfully taken by angling
and possessed in Canada be brought into the state in-the-round;
(2) authorize fish lawfully taken by angling in Canada to
be transported within the state or out of the state by a
nonresident;
(3) require that a Minnesota resident transporting in
Minnesota fish that have been taken by angling in Canada possess
a Minnesota angling license; and
(4) require that any advertisement of fishing resorts or
facilities in Canada in printed or broadcast form originating or
distributed within the state must contain a summary of the
requirement of clause (1) and penalty for noncompliance.
(b) An executive order issued under paragraph (a) is
effective the day following the filing of a certified copy of it
in the office of the secretary of state, and remains in effect
until rescinded by order of the governor.
Subd. 2. [PENALTY FOR NONCOMPLIANCE.] A violation of an
executive order imposing the requirement in subdivision 1,
paragraph (a), clause (1), is a misdemeanor and, in addition to
any criminal penalty imposed, fish brought into or transported
within the state contrary to that executive order must be
confiscated, and a penalty of $10 for each fish must be imposed.
Sec. 53. Minnesota Statutes 1994, section 116J.552,
subdivision 2, is amended to read:
Subd. 2. [CLEANUP COSTS.] "Cleanup costs" or "costs"
mean means the cost costs of developing and implementing an
approved a response action plan, but does not include
implementation costs incurred before the award of a grant unless
the application for the grant was submitted within 180 days
after the response action plan was approved by the commissioner
of the pollution control agency.
Sec. 54. Minnesota Statutes 1994, section 116J.555,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION CYCLES; REPORTING TO LCWM.] (a) In
making grants, the commissioner shall establish regular
semiannual application deadlines in which grants will be
authorized from all or part of the available appropriations of
money in the account.
(b) After each semiannual cycle in which grants are
awarded, the commissioner shall report to the legislative
commission on waste management the grants awarded and
appropriate supporting information describing each grant made.
This report must be made within 30 days after the grants are
awarded.
(c) The commissioner shall annually report to the
legislative commission on the status of the cleanup projects
undertaken under grants made under the programs. The
commissioner shall include in the annual report information on
the cleanup and development activities undertaken for the grants
made in that and previous fiscal years. The commissioner shall
make this report no later than 120 days after the end of the
fiscal year.
Sec. 55. Minnesota Statutes 1994, section 116J.873,
subdivision 3, is amended to read:
Subd. 3. [GRANT EVALUATION.] The commissioner shall
accept, review, and evaluate applications for grants to local
units of government made in accordance with rules adopted for
economic development grants in the small cities development
program. Projects must be evaluated based on the existence of
the following conditions:
(1) whether assistance is necessary to provide equity to
business owners who do not have the capacity to invest in a
project;
(2) whether there is an inability to secure sufficient
financing from other public or private sources at market
interest rates or on favorable market terms;
(3) whether assistance is necessary to attract out-of-state
businesses or to retain existing business within the state; and
(4) whether there are excessive public infrastructure or
improvement costs beyond the means of the affected community and
private participants in the project.
A grant or loan cannot be made based solely on a finding
that the condition in clause (3) exists. A finding must be made
that a condition in clause (1), (2), or (4) also exists.
Applications recommended for funding shall be submitted to
the commissioner.
Sec. 56. Minnesota Statutes 1994, section 116J.873, is
amended by adding a subdivision to read:
Subd. 5. [SPORTS FACILITY.] An economic recovery grant or
loan cannot be used for a project related to a sports facility.
For the purpose of this subdivision, "sports facility" means a
building that has a professional sports team as a principal
tenant.
Sec. 57. Minnesota Statutes 1994, section 116J.982,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION; CORPORATIONS ELIGIBLE.] (a) The
commissioner shall certify a community development corporation
under this section if the corporation is a nonprofit corporation
incorporated under chapter 317A and meets the other criteria in
this subdivision.
(b) The corporation, in its articles of incorporation or
bylaws, must designate a low-income area as the specific
geographic community within which it will operate. Within
cities of the first class, a designated community must be an
identifiable neighborhood or a combination of neighborhoods but
may not be the entire city. Outside cities of the first class,
a designated community may be an identifiable neighborhood or
neighborhoods, or home rule charter or statutory cities,
townships, unincorporated areas, or combinations of those
entities, but may not be an entire economic development region
nor cross existing economic development region boundaries except
as provided in this section.
(c) The corporation's major purpose, in its articles of
incorporation or bylaws, must be economic development,
redevelopment, or housing in its designated community.
(d) The corporation must be tax exempt under section 501,
paragraph (c), clause (3), of the Internal Revenue Code of 1986,
as amended.
(e) The membership and board of directors of the
corporation must be representative of the designated community.
At least 20 percent of the directors shall have low incomes or
shall reside in low-income areas described in subdivision 1,
paragraph (e), clause (1), or the low-income subarea described
in subdivision 1, paragraph (e), clause (2). At least 60
percent of the directors must be residents of, or be employed
in, the designated community. Other directors shall be
business, financial, or civic leaders or
representatives-at-large of the designated community. At least
40 percent of the directors must reside in the designated
community. Notwithstanding the requirements of this paragraph,
a corporation which meets board structure requirements for a
community housing development corporation under Code of Federal
Regulations, title 24, part 92.2, is deemed to meet the board
membership requirements of this subdivision.
(f) The corporation shall not discriminate against any
persons on the basis of a status protected under chapter 363.
(g) The corporation shall demonstrate that it has or can
obtain the technical skills to analyze projects, that it is
familiar with available public and private funding sources and
economic development, redevelopment, and housing programs, and
that it is capable of packaging economic development,
redevelopment, and housing projects.
(h) The corporation must have completed two or more
economic development, redevelopment, or housing projects within
its designated community during the last three years.
Sec. 58. [116J.991] [PUBLIC ASSISTANCE TO BUSINESS; WAGE
AND JOB REQUIREMENTS.]
A business that receives state or local government
assistance for economic development or job growth purposes must
create a net increase in jobs in Minnesota within two years of
receiving the assistance.
The government agency providing the assistance must
establish wage level and job creation goals to be met by the
business receiving the assistance. A business that fails to
meet the goals must repay the assistance to the government
agency.
Each government agency must report the wage and job goals
and the results for each project in achieving those goals to the
department of trade and economic development. The department
shall compile and publish the results of the reports for the
previous calendar year by June 1 of each year. The reports of
the agencies to the department and the compilation report of the
department shall be made available to the public.
For the purpose of this section, "assistance" means a grant
or loan in excess of $25,000 or tax increment financing.
Sec. 59. Minnesota Statutes 1994, section 116M.16,
subdivision 2, is amended to read:
Subd. 2. [GIFTS; GRANTS; APPROPRIATION.] The board may
apply for, accept, and disburse gifts, grants, loans, or other
property from the United States, the state, private foundations,
or any other source. It may enter into an agreement required
for the gifts, grants, or loans and may hold, use, and dispose
of its assets in accordance with the terms of the gift, grant,
loan, or agreement. Money received by the board under this
subdivision must be deposited in a separate account in the state
treasury and invested by the state board of investment. The
amount deposited, including investment earnings, is appropriated
to the board to carry out its duties.
Sec. 60. Minnesota Statutes 1994, section 116M.18,
subdivision 4, is amended to read:
Subd. 4. [BUSINESS LOAN CRITERIA.] (a) The criteria in
this subdivision apply to loans made under the urban challenge
grant program.
(b) Loans must be made to businesses that are not likely to
undertake a project for which loans are sought without
assistance from the urban challenge grant program.
(c) A loan must be used for a project designed to benefit
persons in low-income areas through the creation of job or
business opportunities for them. Among loan applicants,
priority must be given on the basis of the number of permanent
jobs created or retained by the project and the proportion of
nonpublic money leveraged by the loan. Priority must also be
given for loans to the lowest income areas.
(d) The minimum loan is $5,000 and the maximum is $150,000.
(e) With the approval of the commissioner, a loan may be
used to provide up to 50 percent of the private investment
required to qualify for a grant from the economic recovery
account.
(f) A loan must be matched by at least an equal amount of
new private investment.
(g) (f) A loan may not be used for a retail development
project.
(h) (g) The business must agree to work with job referral
networks that focus on minority applicants from low-income areas.
Sec. 61. Minnesota Statutes 1994, section 116M.18, is
amended by adding a subdivision to read:
Subd. 4a. [MICROENTERPRISE LOAN.] Urban challenge grants
may be used to make microenterprise loans to small, beginning
businesses, including a sole proprietorship. Microenterprise
loans are subject to this section except that:
(1) they may also be made to qualified retail businesses;
(2) they may be made for a minimum of $1,000 and a maximum
of $10,000; and
(3) they do not require a match.
Sec. 62. Minnesota Statutes 1994, section 116M.18,
subdivision 5, is amended to read:
Subd. 5. [REVOLVING FUND ADMINISTRATION; RULES.] (a) The
board shall establish a minimum interest rate for loans to
ensure that necessary loan administration costs are covered.
(b) Loan repayment amounts equal to one-half of the
principal and interest must be deposited in a revolving fund
created by the board for challenge grants. The remaining amount
of the loan repayment may be deposited in a revolving loan fund
created by the nonprofit corporation originating the loan being
repaid for further distribution, consistent with the loan
criteria specified in subdivision 4.
(c) Administrative expenses of the board and nonprofit
corporations with whom the board enters into agreements under
subdivision 2 may be paid out of the interest earned on
loans and out of interest earned on money invested by the state
board of investment under section 116M.16, subdivision 2.
Sec. 63. Minnesota Statutes 1994, section 116N.03,
subdivision 2, is amended to read:
Subd. 2. [GIFTS; GRANTS.] The board may apply for, accept,
and disburse gifts, grants, loans, or other property from the
United States, the state, private foundations, or any other
source. It may enter into an agreement required for the gifts,
grants, or loans and may hold, use, and dispose of its assets in
accordance with the terms of the gift, grant, loan, or
agreement. Money received by the board under this subdivision
must be deposited in a separate account in the state treasury
and invested by the state board of investment. The amount
deposited, including investment earnings, is appropriated to the
board to carry out its duties.
Sec. 64. Minnesota Statutes 1994, section 116N.08,
subdivision 5, is amended to read:
Subd. 5. [LOAN CRITERIA.] The following criteria apply to
loans made under the challenge grant program:
(a) Loans must be made to businesses that are not likely to
undertake a project for which loans are sought without
assistance from the challenge grant program.
(b) A loan must be used for a project designed principally
to benefit low-income persons through the creation of job or
business opportunities for them. Among loan applicants,
priority must be given on the basis of the number of permanent
jobs created or retained by the project and the proportion of
nonstate money leveraged by the revolving loan.
(c) The minimum loan is $5,000 and the maximum is $100,000.
(d) With the approval of the commissioner, a loan may be
used to provide up to 50 percent of the private investment
required to qualify for a grant from the economic recovery
account.
(e) A loan may not exceed 50 percent of the total cost of
an individual project.
(f) (e) A loan may not be used for a retail development
project.
(g) (f) A business applying for a loan, except a
microenterprise loan under subdivision 5a, must be sponsored by
a resolution of the governing body of the local governmental
unit within whose jurisdiction the project is located.
Sec. 65. Minnesota Statutes 1994, section 116N.08, is
amended by adding a subdivision to read:
Subd. 5a. [MICROENTERPRISE LOANS.] Challenge grants may be
used to make microenterprise loans to small, beginning
businesses, including a sole proprietorship. Microenterprise
loans are subject to this section except that:
(1) they may also be made to qualified retail businesses;
(2) they may be for a minimum of $1,000 and a maximum of
$10,000; and
(3) they do not require a match.
Sec. 66. Minnesota Statutes 1994, section 116N.08,
subdivision 6, is amended to read:
Subd. 6. [REVOLVING FUND ADMINISTRATION.] (a) The board
shall establish a minimum interest rate for loans to ensure that
necessary management costs are covered.
(b) Loan repayment amounts equal to one-half of the
principal and interest must be deposited in the rural
rehabilitation revolving fund for challenge grants to the region
from which the money was originally designated. The remaining
amount of the loan repayment may be deposited in the regional
revolving loan fund for further distribution by the regional
organization, consistent with the loan criteria specified in
subdivisions 4 and 5.
(c) The first $1,000,000 of revolving loans for each region
must be matched by nonstate sources. The matching requirement
does not apply to loans made under subdivision 6, clause (b).
(d) Administrative expenses of each organization may be
paid out of the interest earned on loans and on interest earned
on money invested by the state board of investment under section
116N.03, subdivision 2.
Sec. 67. Minnesota Statutes 1994, section 124.85, is
amended by adding a subdivision to read:
Subd. 2c. [PAYMENT OF REVIEW EXPENSES.] The commissioner
of public service may charge a school district requesting
services under subdivisions 2a and 2b actual costs incurred by
the department while conducting the review, or one-half percent
of the total identified project cost, whichever is less. Before
conducting the review, the commissioner shall notify a school
district requesting review services that expenses will be
charged to the school district. The commissioner shall bill the
school district upon completion of the contract review. Money
collected by the commissioner under this subdivision must be
deposited in the general fund. A district may include the cost
of a review by the commissioner under subdivision 2a in a
contract made pursuant to this section.
Sec. 68. Minnesota Statutes 1994, section 175.171, is
amended to read:
175.171 [POWERS AND DUTIES, DEPARTMENT OF LABOR AND
INDUSTRY.]
The department of labor and industry shall have the
following powers and duties:
(1) to exercise all powers and perform all duties of the
department consistent with the provisions of this chapter;
(2) to adopt reasonable and proper rules relative to the
exercise of its powers and duties, and proper rules to govern
its proceedings and to regulate the mode and manner of all
investigations and hearings, which shall not be effective until
ten days after their adoption, and a copy of these rules shall
be delivered to every citizen making application therefor;
(3) to collect, collate, and publish statistical and other
information relating to the work under its jurisdiction, to keep
records and to make public reports in its judgment necessary;
and on or before October 1 in each even-numbered year the
department shall report its doings, conclusions, and
recommendations to the governor, which report shall be printed
and distributed by November 15 of each even-numbered year to the
legislature pursuant to section 3.195, and otherwise as the
department may direct;
(4) to establish and maintain branch offices as needed for
the conduct of its affairs; and
(5) to provide direct computer access to and electronic
data interchange of public and nonpublic workers' compensation
data and other data maintained by the department and to charge a
reasonable fee for the access and electronic data interchange,
except that in no circumstances may a fee be charged an employee
or the employee's attorney seeking access and data interchange
to information about the employee's claim or circumstances.
Notwithstanding any other law to the contrary, the fee receipts
for providing the computer access to and electronic data
interchange of data shall be deposited in the special
compensation fund. Access to and electronic data interchange of
nonpublic data shall be only as authorized by the subject of the
data, as authorized in chapter 13, or as otherwise authorized by
law.
Sec. 69. Minnesota Statutes 1994, section 176.011,
subdivision 7a, is amended to read:
Subd. 7a. (1) [COMPENSATION JUDGE.] "Compensation judge"
means a workers' compensation judge at the office of
administrative hearings.
(2) [CALENDAR JUDGE.] "Calendar judge" means a workers'
compensation judge at the office of administrative hearings.
(3) [SETTLEMENT JUDGE.] "Settlement judge" means a
compensation judge at the department of labor and industry.
Settlement judges may conduct settlement conferences, issue
summary decisions, approve settlements and issue awards thereon,
determine petitions for attorney fees and costs, and make other
determinations, decisions, orders, and awards as may be
delegated to them by the commissioner. Settlement judges must
be learned in the law.
Sec. 70. Minnesota Statutes 1994, section 176.231, is
amended by adding a subdivision to read:
Subd. 12. [REPORTS; ELECTRONIC MONITORING.] Beginning July
1, 1995, the commissioner shall monitor electronically all
reports of injury, all payments for reported injuries, and
compliance with all reporting and payment timelines.
Sec. 71. [176.445] [SETTLEMENT JUDGES.]
Notwithstanding section 176.011, subdivision 27, any
provision in chapter 175 setting out general power of the
commissioner, or any other law to the contrary:
(1) The chief settlement judge at the department is the
administrator and supervisor of all dispute resolute functions
and personnel, and reports directly to the commissioner.
(2) The commissioner may delegate authority only to
settlement judges to make determinations under the procedure in
sections 176.106, 176.238, and 176.239 and to approve
settlements of claims under section 176.521. A settlement judge
must preside at all workers' compensation settlement conferences
conducted at the department.
Sec. 72. [178.11] [LABOR EDUCATION ADVANCEMENT GRANT
PROGRAM.]
The commissioner shall establish the labor education
advancement grant program for the purpose of facilitating the
participation of minorities and women in apprenticeable trades
and occupations. The commissioner shall award grants to
community-based organizations serving the targeted populations
on a competitive request-for-proposal basis. Interested
organizations shall apply for the grants in a form prescribed by
the commissioner. As part of the application process,
applicants must provide a statement of need for the grant, a
description of the targeted population and apprenticeship
opportunities, a description of activities to be funded by the
grant, evidence supporting the ability to deliver services,
information related to coordinating grant activities with other
employment and training programs, identification of matching
funds, a budget, and performance objectives. Each submitted
application shall be evaluated for completeness and
effectiveness of the proposed grant activity.
Sec. 73. Minnesota Statutes 1994, section 207A.01, is
amended to read:
207A.01 [PRESIDENTIAL PRIMARY.]
A presidential primary must be held on the first Tuesday in
April of each year after 1999 in which a president and vice
president of the United States are to be nominated and elected,
at which the voters of this state may express their preference
among the candidates of the major political party of their
choice, for that party's nomination to be president of the
United States or may vote for uncommitted delegates to the
national party convention. For the purposes of sections 207A.01
to 207A.07, "political party" or "party" means a political party
as defined in section 200.02, subdivision 7.
Sec. 74. Minnesota Statutes 1994, section 216B.16,
subdivision 2, is amended to read:
Subd. 2. [SUSPENSION OF PROPOSED RATES; HEARING; FINAL
DETERMINATION DEFINED.] (a) Whenever there is filed with the
commission a schedule modifying or resulting in a change in any
rates then in force as provided in subdivision 1, the commission
may suspend the operation of the schedule by filing with the
schedule of rates and delivering to the affected utility a
statement in writing of its reasons for the suspension at any
time before the rates become effective. The suspension shall
not be for a longer period than ten months beyond the initial
filing date except as provided in this subdivision or
subdivision 1a. During the suspension the commission shall
determine whether all questions of the reasonableness of the
rates requested raised by persons deemed interested or by the
administrative division of the department of public service can
be resolved to the satisfaction of the commission. If the
commission finds that all significant issues raised have not
been resolved to its satisfaction, or upon petition by ten
percent of the affected customers or 250 affected customers,
whichever is less, it shall refer the matter to the office of
administrative hearings with instructions for a public hearing
as a contested case pursuant to chapter 14, except as otherwise
provided in this section. The commission may order that the
issues presented by the proposed rate changes be bifurcated into
two separate hearings as follows: (1) determination of the
utility's revenue requirements and (2) determination of the rate
design. Upon issuance of both administrative law judge reports,
the issues shall again be joined for consideration and final
determination by the commission. All prehearing discovery
activities of state agency intervenors shall be consolidated and
conducted by the department of public service. If the
commission does not make a final determination concerning a
schedule of rates within ten months after the initial filing
date, the schedule shall be deemed to have been approved by the
commission; except if:
(1) an extension of the procedural schedule has been
granted under subdivision 1a, in which case the schedule of
rates is deemed to have been approved by the commission on the
last day of the extended period of suspension; or
(2) a settlement has been submitted to and rejected by the
commission and the commission does not make a final
determination concerning the schedule of rates, the schedule of
rates is deemed to have been approved 60 days after the initial
or, if applicable, the extended period of suspension.
(b) If the commission finds that it has insufficient time
during the suspension period to make a final determination of a
case involving changes in general rates because of the need to
make a final determinations determination of other another
previously filed cases case involving changes in general rates
under this section or section 237.075, the commission may extend
the suspension period to the extent necessary to allow itself 20
working days to make the final determination after it has made a
final determinations determination in the previously filed cases
case. An extension of the suspension period under this
paragraph does not alter the setting of interim rates under
subdivision 3.
(c) For the purposes of this section, "final determination"
means the initial decision of the commission and not any order
which may be entered by the commission in response to a petition
for rehearing or other further relief. The commission may
further suspend rates until it determines all those petitions.
Sec. 75. Minnesota Statutes 1994, section 216B.16, is
amended by adding a subdivision to read:
Subd. 12a. [EXEMPTION FOR SMALL ELECTRIC UTILITY
FRANCHISE.] (a) An electric utility, operating as such in a
bordering state and having fewer than 200 customers in
Minnesota, is exempt from this section if the utility:
(1) charges Minnesota customers the same rates as those
charged to customers in the bordering state;
(2) provides 60-day notice to the commission of rate
increases for its Minnesota customers;
(3) provides individual, written notice of rate increases
to its Minnesota customers;
(4) provides the commission with schedules of rates and
tariffs charged in the bordering state and revenues by class
under the former and proposed rates; and
(5) maintains an up-to-date tariff book with the department.
(b) The commission may initiate an investigation under
section 216B.17, on its own motion or upon customer complaint
with respect to the utility's rates and practices in Minnesota.
Sec. 76. Minnesota Statutes 1994, section 216B.2424, is
amended to read:
216B.2424 [BIOMASS POWER MANDATE.]
A public utility, as defined in section 216B.02,
subdivision 4, that operates a nuclear-powered electric
generating plant within this state must, by December 31, 1998,
construct and operate, purchase, or contract to construct and
operate (1) by December 31, 1998, 50 megawatts of electric
energy installed capacity generated by farm grown closed-loop
biomass scheduled to be operational by December 31, 2001; and
(2) by December 31, 1998, an additional 75 megawatts of
installed capacity so generated scheduled to be operational by
December 31, 2002. Of the total 125 megawatts of biomass
electric energy installed capacity required under this section,
no more than 75 megawatts may be provided by a single project.
Of the 75 megawatts of biomass electric energy installed
capacity required under clause (2), no more than 25 megawatts of
this capacity may be provided by a St. Paul district heating and
cooling system cogeneration facility utilizing waste wood as a
primary fuel source. The public utility must accept and
consider on an equal basis with other proposals a proposal to
satisfy the requirements of this section that includes a project
that exceeds the megawatt capacity requirements of either clause
(1) or (2) and that proposes to sell the excess capacity to the
public utility or to other purchasers.
Sec. 77. Minnesota Statutes 1994, section 216B.27,
subdivision 4, is amended to read:
Subd. 4. [DEADLINE TO GRANT APPLICATION.] Any application
for a rehearing not granted within 20 60 days from the date of
filing thereof, shall be deemed denied.
Sec. 78. Minnesota Statutes 1994, section 237.701,
subdivision 1, is amended to read:
Subdivision 1. [FUND CREATED; AUTHORIZED EXPENDITURES.]
The telephone assistance fund is created as a separate account
in the state treasury to consist of amounts received by the
department of administration representing the surcharge
authorized by section 237.70, subdivision 6, and amounts earned
on the fund assets. Money in the fund may be used only for:
(1) reimbursement to telephone companies for expenses and
credits allowed in section 237.70, subdivision 7, paragraph (d),
clause (5);
(2) reimbursement of the administrative expenses of the
department of human services to implement sections 237.69 to
237.71, not to exceed $314,000 annually; and
(3) reimbursement of the administrative expenses of the
commission not to exceed $25,000 annually; and
(4) reimbursement of the statewide indirect cost of the
commission.
Sec. 79. Minnesota Statutes 1994, section 245A.11,
subdivision 2, is amended to read:
Subd. 2. [PERMITTED SINGLE-FAMILY RESIDENTIAL USE.]
Residential programs with a licensed capacity of six or fewer
persons shall be considered a permitted single-family
residential use of property for the purposes of zoning and other
land use regulations, except that a residential program whose
primary purpose is to treat juveniles who have violated criminal
statutes relating to sex offenses or have been adjudicated
delinquent on the basis of conduct in violation of criminal
statutes relating to sex offenses shall not be considered a
permitted use. Programs otherwise allowed under this
subdivision shall not be prohibited by operation of restrictive
covenants or similar restrictions, regardless of when entered
into, which cannot be met because of the nature of the licensed
program, including provisions which require the home's occupants
be related, and that the home must be occupied by the owner, or
similar provisions.
Sec. 80. Minnesota Statutes 1994, section 268A.01,
subdivision 4, is amended to read:
Subd. 4. [VOCATIONAL REHABILITATION SERVICES.] "Vocational
rehabilitation services" means those services and goods so
defined in the federal Rehabilitation Act of 1973, as amended,
and section 268A.03, clause (b).
Sec. 81. Minnesota Statutes 1994, section 268A.01,
subdivision 5, is amended to read:
Subd. 5. [PERSON WITH A DISABILITY.] "Person with a
disability" means a person who because of a substantial
physical, mental, or emotional disability or dysfunction
requires special services in order to enjoy the benefits of
society.
Sec. 82. Minnesota Statutes 1994, section 268A.01,
subdivision 6, is amended to read:
Subd. 6. [REHABILITATION FACILITY.] "Rehabilitation
facility" means an entity which meets the definition
of community rehabilitation facility program in the federal
Rehabilitation Act of 1973, as amended;. However, for the
purposes of sections 268A.03, paragraph (a), 268A.06, 268A.08,
and 268A.09 268A.15, rehabilitation facility means an entity
which is operated for the primary purpose of
providing remunerative or facilitating employment to those for
persons with a severe disability who, as a result of physical or
mental disability, are unable to participate in competitive
employment. A rehabilitation facility shall supply such
employment (1) as a step in the rehabilitation process for those
who cannot be readily absorbed in the competitive labor market,
or (2) during such time as employment opportunities for them in
the competitive labor market do not exist.
Sec. 83. Minnesota Statutes 1994, section 268A.01,
subdivision 9, is amended to read:
Subd. 9. [LONG-TERM CENTER-BASED EMPLOYMENT PROGRAM
SUBPROGRAM.] "Long-term Center-based employment program
subprogram" means a program employment which provides paid work
on the premises of a rehabilitation facility and training
services or other services necessary for employment on or off
the premises and which does not include work activity of the
rehabilitation facility.
Sec. 84. Minnesota Statutes 1994, section 268A.01,
subdivision 10, is amended to read:
Subd. 10. [EXTENDED EMPLOYMENT PROGRAMS PROGRAM.]
"Extended employment programs program" means the following
programs which may be offered by a rehabilitation
facility: center-based employment and supported employment
subprograms.
(1) long-term employment program;
(2) work activity program;
(3) work component program; and
(4) supported employment program.
Sec. 85. Minnesota Statutes 1994, section 268A.03, is
amended to read:
268A.03 [POWERS AND DUTIES.]
The commissioner shall:
(a) certify the rehabilitation facilities to offer extended
employment programs, grant funds to the extended employment
programs, and perform the duties as specified in section 268A.09
268A.15;
(b) provide vocational rehabilitation services to persons
with disabilities in accordance with the state plan for
vocational rehabilitation. These services include but are not
limited to: diagnostic and related services incidental to
determination of eligibility for services to be provided,
including medical diagnosis and vocational diagnosis; vocational
counseling, training and instruction, including personal
adjustment training; physical restoration, including corrective
surgery, therapeutic treatment, hospitalization and prosthetic
and orthotic devices, all of which shall be obtained from
appropriate established agencies; transportation; occupational
and business licenses or permits, customary tools and equipment;
maintenance; books, supplies, and training materials; initial
stocks and supplies; placement; on-the-job skill training and
time-limited postemployment services leading to supported
employment; acquisition of vending stands or other equipment,
initial stocks and supplies for small business enterprises;
supervision and management of small business enterprises,
merchandising programs, or services rendered by severely
disabled persons. Persons with a disability are entitled to
free choice of vendor for any medical, dental, prosthetic, or
orthotic services provided under this paragraph;
(c) expend funds and provide technical assistance for the
establishment, improvement, maintenance, or extension of public
and other nonprofit rehabilitation facilities or centers;
(d) maintain a contractual or regulatory relationship with
the United States as authorized by the Social Security Act, as
amended. Under this relationship, the state will undertake to
make determinations referred to in those public laws with
respect to all individuals in Minnesota, or with respect to a
class or classes of individuals in this state that is designated
in the agreement at the state's request. It is the purpose of
this relationship to permit the citizens of this state to obtain
all benefits available under federal law;
(e) provide an in-service training program for division of
rehabilitation services employees by paying for its direct costs
with state and federal funds;
(f) conduct research and demonstration projects; provide
training and instruction, including establishment and
maintenance of research fellowships and traineeships, along with
all necessary stipends and allowances; disseminate information
to persons with a disability and the general public; and provide
technical assistance relating to vocational rehabilitation and
independent living;
(g) receive and disburse pursuant to law money and gifts
available from governmental and private sources including, but
not limited to, the federal Department of Education and the
Social Security Administration, for the purpose of vocational
rehabilitation or independent living;
(h) design all state plans for vocational rehabilitation or
independent living services required as a condition to the
receipt and disbursement of any money available from the federal
government;
(i) cooperate with other public or private agencies or
organizations for the purpose of vocational rehabilitation or
independent living. Money received from school districts,
governmental subdivisions, mental health centers or boards, and
private nonprofit organizations is appropriated to the
commissioner for conducting joint or cooperative vocational
rehabilitation or independent living programs;
(j) enter into contractual arrangements with
instrumentalities of federal, state, or local government and
with private individuals, organizations, agencies, or facilities
with respect to providing vocational rehabilitation or
independent living services;
(k) take other actions required by state and federal
legislation relating to vocational rehabilitation, independent
living, and disability determination programs;
(l) hire staff and arrange services and facilities
necessary to perform the duties and powers specified in this
section;
(m) adopt, amend, suspend, or repeal rules necessary to
implement or make specific programs that the commissioner by
sections 268A.01 to 268A.10 268A.15 is empowered to administer;
and
(n) contact any person with traumatic brain injury or
spinal cord injury reported by the commissioner of health under
section 144.664, subdivision 3, and notify the person, or the
person's parent or guardian if the person is a minor or is
mentally incompetent, of services available to the person,
eligibility requirements and application procedures for public
programs, and other information the commissioner believes may be
helpful to the person to make appropriate use of available
rehabilitation services.
Sec. 86. Minnesota Statutes 1994, section 268A.06,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] Any city, town, county,
nonprofit corporation, state regional center, or any combination
thereof, may apply to the commissioner for assistance in
establishing or operating a community rehabilitation facility.
Application for assistance shall be on forms supplied prescribed
by the commissioner. Each applicant shall annually submit to
the commissioner its plan and budget for the next fiscal year.
No applicant shall be eligible for a grant hereunder unless its
plan and budget have been approved by the commissioner.
Sec. 87. Minnesota Statutes 1994, section 268A.07, is
amended to read:
268A.07 [REQUIREMENTS FOR CERTIFICATION.]
Subdivision 1. [BENEFITS.] A rehabilitation facility must,
as a condition for receiving program certification, provide
employees in a long-term center-based employment program the
with personnel benefits prescribed in rules adopted by the
commissioner of the department of economic security.
Subd. 2. [GRIEVANCE PROCEDURE.] A rehabilitation facility
must, as a condition for receiving program certification,
provide to employees in a long-term center-based
employment program subprograms, a grievance procedure which has
as its final step provisions for final and binding arbitration.
Sec. 88. Minnesota Statutes 1994, section 268A.08,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT; MEMBERSHIP.] Every city,
town, county, nonprofit corporation, or combination thereof
establishing a rehabilitation facility shall appoint a
rehabilitation facility board of no fewer than nine members
before becoming eligible for the assistance provided by sections
268A.06 to 268A.09 268A.15. When any city, town, or county
singly establishes such a rehabilitation facility, the board
shall be appointed by the chief executive officer of the city or
the chair of the governing board of the county or town. When
any combination of cities, towns, counties, or nonprofit
corporations establishes a rehabilitation facility, the chief
executive officers of the cities, nonprofit corporations and the
chairs of the governing bodies of the counties or towns shall
appoint the board. If a nonprofit corporation singly
establishes a rehabilitation facility, the corporation shall
appoint the board of directors. Membership on a board shall be
representative of the community served and shall include a
person with a disability. One-third to one-half of the board
shall be representative of industry or business. The remaining
members should be representative of lay associations for persons
with a disability, labor, the general public, and education,
welfare, medical, and health professions. Nothing in sections
268A.06 to 268A.09 268A.15 shall be construed to preclude the
appointment of elected or appointed public officials or members
of the board of directors of the sponsoring nonprofit
corporation to the board, so long as representation described
above is preserved. If a state regional center establishes an
extended employment program, the chief executive officer of the
state regional center shall perform the functions of the
rehabilitation facility board as prescribed in subdivision 2.
The regional center is not required to establish a separate
governing body as a board. The state regional center shall
establish an advisory committee following the membership
representation requirements of this subdivision. If a county
establishes an extended employment program and manages the
program with county employees, the governing board shall be the
county board of commissioners and other provisions of this
chapter pertaining to membership on the governing board do not
apply.
Sec. 89. Minnesota Statutes 1994, section 268A.08,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] Subject to the provisions of sections
268A.06 to 268A.09 268A.15 and the rules of the department, each
rehabilitation facility board shall:
(a) review and evaluate the need for extended employment
programs offered by the rehabilitation facility provided
pursuant to sections 268A.06 to 268A.09 268A.15 and report
thereon to the commissioner and, when indicated, the public,
together with recommendations for additional extended employment
programs;
(b) recruit and promote local financial support for the
extended employment programs from private sources such as
community chests, business, industrial and private foundations,
voluntary agencies and other lawful sources and promote public
support for municipal and county appropriations;
(c) promote, arrange, and implement working agreements with
other educational and social service agencies both public and
private and any other allied agencies;
(d) advise the commissioner on the adoption and
implementation of policies to stimulate effective community
relations;
(e) review the annual plan and budget and make
recommendations thereon;
(f) when the an extended employment program offered by the
rehabilitation facility is certified, act as the administrator
of the rehabilitation facility and its programs subprograms for
purposes of this chapter.
Sec. 90. Minnesota Statutes 1994, section 268A.13, is
amended to read:
268A.13 [EMPLOYMENT SUPPORT SERVICES FOR PERSONS WITH
MENTAL ILLNESS.]
The commissioner of economic security, in cooperation with
the commissioner of human services, shall develop a statewide
program of grants to provide services for persons with mental
illness in supported employment. Projects funded under this
section must: (1) assist persons with mental illness in
obtaining and retaining employment; (2) emphasize individual
community placements for clients; (3) ensure interagency
collaboration at the local level between vocational
rehabilitation field offices, county service agencies, community
support programs operating under the authority of section
245.4712, and community rehabilitation providers, in assisting
clients; and (4) involve clients in the planning, development,
oversight, and delivery of support services. Project funds may
not be used to provide services in segregated settings such as
long-term the center-based employment or work activity programs
subprograms as defined in section 268A.01.
The commissioner of economic security, in consultation with
the commissioner of human services, shall develop a request for
proposals which is consistent with the requirements of this
section and which specifies the types of services that must be
provided by grantees. Projects shall be funded for state fiscal
year 1995 and priority for funding shall be given to
organizations with experience in developing innovative
employment support services for persons with mental illness.
Each applicant for funds under this section shall submit an
evaluation protocol as part of the grant application.
Sec. 91. [268A.15] [EXTENDED EMPLOYMENT PROGRAM.]
Subdivision 1. [ADMINISTRATION.] The department of
economic security shall administer this section through the
division of rehabilitation services. The department may employ
staff as required to administer this section and may accept and
receive funds from nonstate sources for the purpose of
implementing this section.
Subd. 2. [PURPOSE.] The purpose of the extended employment
program is to provide the ongoing services necessary to maintain
and advance the employment of persons with severe disabilities.
Employment under this section must encompass the broad range of
employment choices available to all persons and promote an
individual's self-sufficiency and financial independence.
Subd. 3. [RULE AUTHORITY.] The commissioner shall adopt
rules on an individual's eligibility for the extended employment
program, the certification of rehabilitation facilities, and the
methods, criteria, and units of distribution for the allocation
of state grant funds to certified rehabilitation facilities. In
determining the allocation, the commissioner must consider the
economic conditions of the community and the performance of
rehabilitation facilities relative to their impact on the
economic status of workers in the extended employment program.
Subd. 4. [EVALUATION.] The commissioner of economic
security shall evaluate the extended employment program to
determine whether the purpose of extended employment as defined
in subdivision 2 is being achieved. The evaluation must include
an assessment of whether workers in the extended employment
program are satisfied with their employment. A written report
of this evaluation must be prepared at least every two years and
made available to the public.
Subd. 5. [TECHNICAL ASSISTANCE.] The commissioner of
economic security shall provide technical assistance within
available resources to rehabilitation facilities.
Subd. 6. [GRANTS.] The commissioner may provide innovation
and expansion grants to rehabilitation facilities to encourage
the development, demonstration, or dissemination of innovative
business practices, training programs, and service delivery
methods that:
(1) expand and improve employment opportunities for persons
with severe disabilities who are unserved or underserved by the
extended employment program; and
(2) increase the ability of persons with severe
disabilities to use new and emerging technologies in employment
settings, and foster the capacity of rehabilitation facilities
and employers to promote the integration of individuals with
severe disabilities into the workplace and the mainstream of
community life.
The grants must require collaboration at the local level
among vocational rehabilitation field offices, county social
service and planning agencies, rehabilitation facilities, and
employers.
Subd. 7. [WITHDRAWAL OF FUNDS.] The commissioner may
withdraw funds from a rehabilitation facility that is not being
administered in accordance with its approved plan and budget
unless a modified plan and budget is submitted to and approved
by the commissioner, and implemented within a reasonable time.
The commissioner may withdraw funds from a rehabilitation
facility not being administered according to department rules,
or not meeting mandatory standards for certification, unless a
plan bringing the rehabilitation facility into compliance with
the rules and standards is submitted to and approved by the
commissioner, and implemented within a reasonable time. Funds
withdrawn shall, after reasonable notice and opportunity for
hearing, be reallocated by the commissioner to other
rehabilitation facilities.
Sec. 92. Minnesota Statutes 1994, section 298.22,
subdivision 2, is amended to read:
Subd. 2. There is hereby created the iron range resources
and rehabilitation board, consisting of 11 members, five of whom
shall be state senators appointed by the subcommittee on
committees of the rules committee of the senate, and five of
whom shall be representatives, appointed by the speaker of the
house of representatives, their terms of office to commence on
May 1, 1943, and continue until January 3rd, 1945, or until
their successors are appointed and qualified. Their successors
shall be appointed each two years in the same manner as the
original members were appointed, in January of every second
year, commencing in January, 1945. The 11th member of said
board shall be the commissioner of natural resources of the
state of Minnesota. Vacancies on the board shall be filled in
the same manner as the original members were chosen. At least a
majority of the legislative members of the board shall be
elected from state senatorial or legislative districts in which
over 50 percent of the residents reside within a tax relief area
as defined in section 273.134. All expenditures and projects
made by the commissioner of iron range resources and
rehabilitation shall first be submitted to said iron range
resources and rehabilitation board which shall recommend for
approval by at least eight board members or disapproval or
modification of expenditures and projects for rehabilitation
purposes as provided by this section, and the method, manner,
and time of payment of all said funds proposed to be disbursed
shall be first approved or disapproved by said board. The board
shall biennially make its report to the governor and the
legislature on or before November 15 of each even numbered
year. The expenses of said board shall be paid by the state of
Minnesota from the funds raised pursuant to this section.
Sec. 93. Minnesota Statutes 1994, section 298.223,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] The taconite 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 prepare submit to the board a
list of projects to be funded from the taconite environmental
protection fund, with such supporting information including
description of the projects, plans, and cost estimates as may be
necessary. Upon recommendation approval by at least eight
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. 94. [383B.79] [MULTIJURISDICTIONAL PROGRAM.]
Subdivision 1. [PROGRAM CREATED.] A multijurisdictional
reinvestment program involving Hennepin county, the cities of
Minneapolis, Brooklyn Center, and other interested statutory or
home rule charter cities in Hennepin county, the Minneapolis
park board, and the suburban Hennepin county park district is
created. The multijurisdictional program must include plans for
housing rehabilitation and removals, industrial polluted land
cleanup, water ponding, environmental cleanup, community
corridor connections, corridor planning, creation of green
space, and job creation.
Subd. 2. [USE OF APPROPRIATIONS.] Up to one-half of any
state appropriation for the program created in subdivision 1 may
be used by the county as a grant to the cities of Minneapolis
and Brooklyn Center to provide assistance in a capital nature
for constructing public infrastructure improvements in order to
further economic development.
Subd. 3. [MATCHING.] Government jurisdictions
participating in the reinvestment program planning and projects
must match any state contribution on at least a
dollar-for-dollar basis in the aggregate. Government
jurisdictions, however constituted, may use any funds under
their control for the match requirement.
Sec. 95. Minnesota Statutes 1994, section 462.357,
subdivision 7, is amended to read:
Subd. 7. [PERMITTED SINGLE FAMILY USE.] A state licensed
residential facility serving six or fewer persons, a licensed
day care facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts
9502.0315 to 9502.0445 to serve 14 or fewer children shall be
considered a permitted single family residential use of property
for the purposes of zoning, except that a residential facility
whose primary purpose is to treat juveniles who have violated
criminal statutes relating to sex offenses or have been
adjudicated delinquent on the basis of conduct in violation of
criminal statutes relating to sex offenses shall not be
considered a permitted use.
Sec. 96. Minnesota Statutes 1994, section 462A.05,
subdivision 14, is amended to read:
Subd. 14. [REHABILITATION LOANS.] It may agree to
purchase, make, or otherwise participate in the making, and may
enter into commitments for the purchase, making, or
participation in the making, of eligible loans for
rehabilitation to persons and families of low and moderate
income, and to owners of existing residential housing for
occupancy by such persons and families, for the rehabilitation
of existing residential housing owned by them. The loans may be
insured or uninsured and may be made with security, or may be
unsecured, as the agency deems advisable. The loans may be in
addition to or in combination with long-term eligible mortgage
loans under subdivision 3. They may be made in amounts
sufficient to refinance existing indebtedness secured by the
property, if refinancing is determined by the agency to be
necessary to permit the owner to meet the owner's housing cost
without expending an unreasonable portion of the owner's income
thereon. No loan for rehabilitation shall be made unless the
agency determines that the loan will be used primarily to make
the housing more desirable to live in, to increase the market
value of the housing, for compliance with state, county or
municipal building, housing maintenance, fire, health or similar
codes and standards applicable to housing, or to accomplish
energy conservation related improvements. In unincorporated
areas and municipalities not having codes and standards, the
agency may, solely for the purpose of administering the
provisions of this chapter, establish codes and standards.
Except for accessibility improvements under this subdivision 14d
and subdivisions 14a and 24, clause (1), no secured loan for
rehabilitation of any property shall be made in an amount which,
with all other existing indebtedness secured by the property,
would exceed its market value, as determined by the agency. No
loan under this subdivision shall be denied solely because the
loan will not be used for placing the residential housing in
full compliance with all state, county, or municipal building,
housing maintenance, fire, health, or similar codes and
standards applicable to housing. Rehabilitation loans shall be
made only when the agency determines that financing is not
otherwise available, in whole or in part, from private lenders
upon equivalent terms and conditions. Accessibility
rehabilitation loans authorized under this subdivision may be
made to eligible persons and families without limitations
relating to the maximum incomes of the borrowers if:
(1) the borrower or a member of the borrower's family
requires a level of care provided in a hospital, skilled nursing
facility, or intermediate care facility for persons with mental
retardation or related conditions;
(2) home care is appropriate; and
(3) the improvement will enable the borrower or a member of
the borrower's family to reside in the housing.
Sec. 97. Minnesota Statutes 1994, section 462A.05,
subdivision 15c, is amended to read:
Subd. 15c. [RESIDENTIAL LEAD ABATEMENT.] (a) It may make
or purchase loans or grants for the abatement of hazardous
levels of lead paint in residential buildings and lead
contaminated soil on the property of residential buildings
occupied by low- and moderate-income persons. Hazardous levels
are as determined by the department of health or the pollution
control agency. The agency must establish grant criteria for a
residential lead paint and lead contaminated soil abatement
program, including the terms of loans and grants under this
section, a maximum amount for loans or grants, eligible owners
borrowers or grantees, eligible contractors, and eligible
buildings. The agency may make grants to cities, local units of
government, registered lead abatement contractors, and nonprofit
organizations for the purpose of administering a residential
lead paint and contaminated lead soil abatement program. No
loan or grant may be made for lead paint abatement for a
multifamily building which contains substantial housing
maintenance code violations unless the violations are being
corrected in conjunction with receipt of the loan or grant under
this section. The agency must establish standards for the
relocation of families where necessary and the payment of
relocation expenses. To the extent possible, the agency must
coordinate loans and grants under this section with existing
housing programs.
The agency, in consultation with the department of health,
shall report to the legislature by January 1993 1996 on the
costs and benefits of subsidized lead abatement and the extent
of the childhood lead exposure problem. The agency shall review
the effectiveness of its existing loan and grant programs in
providing funds for residential lead abatement and report to the
legislature with examples, case studies and recommendations.
(b) The agency may also make grants to eligible
organizations, as defined in section 268.92, subdivision 1, for
the purposes of section 268.92.
Sec. 98. Minnesota Statutes 1994, section 462A.05,
subdivision 30, is amended to read:
Subd. 30. [AGENCY INVESTMENT IN CERTAIN NOTES AND
MORTGAGES.] It may invest in, purchase, acquire, and take
assignments of existing notes and mortgages not closed for the
purpose of sale to the agency, from lenders that are nonprofit
or nonprofit entities, as defined in the agency's rules,
provided that: (1) the notes and mortgages evidence loans for
the construction, rehabilitation, purchase, improvement, or
refinancing of residential housing intended for occupancy and
occupied by low- and moderate-income persons and families; and
(2) the loan sellers utilize the funds derived from the
purchases in accordance with the authority contained in section
462A.07, subdivision 12, for the purposes and objectives of
sections 462A.02, 462A.03, 462A.05, 462A.07, and 462A.21; and
(3) the purchases are subject to security and limitations on the
costs and expenses of the loan sellers incidental to the
utilization of the purchase proceeds as the agency may
determine. The proceeds of the purchases authorized by this
subdivision shall not be subject to the limitations of section
462A.21, subdivisions 4k, 6, 9, and 12. In addition, it may
invest in, purchase, acquire, and take assignments of existing
federally insured mortgages for multifamily housing, not closed
for the purpose of sale to the agency, from any banking
institution, savings and loan association, or other lender or
financial intermediary approved by the members; provided that
the multifamily housing is benefited by contracts for federal
housing assistance payments.
Sec. 99. Minnesota Statutes 1994, section 462A.201,
subdivision 2, is amended to read:
Subd. 2. [LOW-INCOME HOUSING.] (a) The agency may, in
consultation with the advisory committee, use money from the
housing trust fund account to provide loans or grants for
projects for the development, construction, acquisition,
preservation, and rehabilitation of low-income rental and
limited equity cooperative housing units and homes for
ownership. No more than 20 percent of available funds may be
used for home ownership projects.
(b) The A rental or limited equity cooperative housing
project must meet one of the following income tests:
(1) at least 75 percent of the rental and cooperative
units, and 100 percent of the homes for ownership, must be
rented to or cooperatively owned, or owned by persons and
families whose income does not exceed 30 percent of the median
family income for the metropolitan area as defined in section
473.121, subdivision 2; or
(2) all of the units funded by the housing trust fund
account must be used for the benefit of persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2.
The median family income may be adjusted for families of
five or more.
(c) Homes for ownership must be owned or purchased by
persons and families whose income does not exceed 50 percent of
the metropolitan area median income, adjusted for family size.
(d) In making the grants, the agency shall determine the
terms and conditions of repayment and the appropriate security,
if any, should repayment be required. To promote the geographic
distribution of grants and loans, the agency may designate a
portion of the grant or loan awards to be set aside for projects
located in specified congressional districts or other
geographical regions specified by the agency. The agency may
adopt emergency and permanent rules for awarding grants and
loans under this subdivision. The emergency rules are effective
for 180 days or until the permanent rules are adopted, whichever
occurs first.
Sec. 100. Minnesota Statutes 1994, section 462A.202,
subdivision 2, is amended to read:
Subd. 2. [TRANSITIONAL HOUSING.] The agency may make loans
with or without interest to cities and counties to finance the
acquisition, improvement, and rehabilitation of existing housing
properties or the acquisition, site improvement, and development
of new properties for the purposes of providing transitional
housing, upon terms and conditions the agency determines.
Preference must be given to cities that propose to acquire
properties being sold by the resolution trust corporation or the
department of housing and urban development. Loans under this
subdivision are subject to the restrictions in subdivision 7.
Sec. 101. Minnesota Statutes 1994, section 462A.202,
subdivision 6, is amended to read:
Subd. 6. [NEIGHBORHOOD LAND TRUSTS.] The agency may make
loans with or without interest to cities and counties to finance
the capital costs of a land trust project undertaken pursuant to
sections 462A.30 and 462A.31. Loans under this subdivision are
subject to the restrictions in subdivision 7.
Sec. 102. Minnesota Statutes 1994, section 462A.204,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The agency may establish a
family homeless prevention and assistance program to assist
families who are homeless or are at imminent risk of
homelessness. The term "family" may include single
individuals. The agency may make grants to develop and
implement family homeless prevention and assistance projects
under the program. For purposes of this section, "families"
means families and persons under the age of 18 22.
Sec. 103. Minnesota Statutes 1994, section 462A.205,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND PAYMENT OF RENT ASSISTANCE.] (a) This
subdivision applies to both the voucher option and the
project-based voucher option.
(b) Within the limits of available appropriations, eligible
families may receive monthly rent assistance for a 36-month
period starting with the month the family first receives rent
assistance under this section. The amount of the family's
portion of the rental payment is equal to at least 30 percent of
gross income.
(c) The rent assistance must be paid by the local housing
organization to the property owner.
(d) Subject to the limitations in paragraph (e), the amount
of rent assistance is the difference between the rent and the
family's portion of the rental payment.
(e) In no case:
(1) may the amount of monthly rent assistance be more
than $250 for housing located within the metropolitan area, as
defined in section 473.121, subdivision 2, or more than $200 for
housing located outside of the metropolitan area;
(2) may the owner receive more rent for assisted units than
for comparable unassisted units; nor
(3) may the amount of monthly rent assistance be more than
the difference between the family's portion of the rental
payment and the fair market rent for the unit as determined by
the Department of Housing and Urban Development.
Sec. 104. Minnesota Statutes 1994, section 462A.206,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION.] The agency may make grants or
loans to cities for the purposes of construction, acquisition,
rehabilitation, demolition, permanent financing, refinancing, or
gap financing of single or multifamily housing, or full cycle
home ownership services, as defined in section 462A.209,
subdivision 2. Gap financing is financing for the difference
between the cost of the improvement of the blighted property,
including acquisition, demolition, rehabilitation, and
construction, and the market value of the property upon sale.
The agency shall take into account the amount of money that the
city leverages from other sources in awarding grants and loans.
Cities may use the grants and loans to establish revolving loan
funds and to provide grants and loans to eligible mortgagors.
The city may determine the terms and conditions of the grants
and loans. An agency loan may only be used by a city to make
loans.
Sec. 105. Minnesota Statutes 1994, section 462A.206,
subdivision 5, is amended to read:
Subd. 5. [OTHER ELIGIBLE ORGANIZATIONS.] A nonprofit
organization is eligible to apply directly for grants or loans
from the community rehabilitation fund account if the city
within which it is located enacts a resolution authorizing the
organization to apply on the city's behalf, except that a
nonprofit organization providing full cycle home ownership
services may apply directly to the agency.
Sec. 106. [462A.209] [HOME OWNERSHIP ASSISTANCE.]
Subdivision 1. [FULL CYCLE HOME OWNERSHIP SERVICES.] The
full cycle home ownership services program shall be used to fund
nonprofit organizations and political subdivisions providing,
building capacity to provide, or supporting full cycle lending
for home ownership to low and moderate income home buyers. The
purpose of the program is to encourage private investment in
affordable housing and collaboration of nonprofit organizations
and political subdivisions with each other and private lenders
in providing full cycle lending services.
Subd. 2. [DEFINITION.] "Full cycle home ownership services"
means supporting eligible home buyers and owners through all
phases of purchasing and keeping a home, by providing
prepurchase home buyer education, prepurchase counseling and
credit repair, prepurchase property inspection and technical and
financial assistance to buyers in rehabilitating the home,
postpurchase and mortgage default counseling, postpurchase
assistance with home maintenance, entry cost assistance, and
access to flexible loan products.
Subd. 3. [ELIGIBILITY.] The agency shall establish
eligibility criteria for nonprofit organizations and political
subdivisions to receive funding under this section. The
eligibility criteria must require the nonprofit organization or
political subdivision to provide, to build capacity to provide,
or support full cycle home ownership services for eligible home
buyers. The agency may fund a nonprofit organization or
political subdivision that will provide full cycle home
ownership services by coordinating with one or more other
organizations that will provide specific components of full
cycle home ownership services. The agency may make exceptions
to providing all components of full cycle lending if justified
by the application. If there are more applicants requesting
funding than there are funds available, the agency shall award
the funds on a competitive basis and also assure an equitable
geographic distribution of the available funds. The eligibility
criteria must require the nonprofit organization or political
subdivision to have a demonstrated involvement in the local
community and to target the housing affordability needs of the
local community. Partnerships and collaboration with
innovative, grass roots, or community-based initiatives shall be
encouraged. The agency shall give priority to nonprofit
organizations and political subdivisions that provide matching
funds. Applicants for funds under section 462A.057 may also
apply funds under this program.
Subd. 4. [ENTRY COST HOME OWNERSHIP OPPORTUNITY
PROGRAM.] The agency may establish an entry cost home ownership
opportunity program, on terms and conditions it deems advisable,
to assist individuals with downpayment and closing costs to
finance the purchase of a home.
Sec. 107. [462A.2091] [CONTRACT FOR DEED GUARANTEE
ACCOUNT.]
Subdivision 1. [CREATION.] The contract for deed guarantee
account is created as a separate account in the housing
development fund. Money in the account is appropriated to the
agency for the purposes of this section. The account consists
of money appropriated to the account and transferred from other
sources and all earnings from money in the account.
Subd. 2. [ACCOUNT USES.] Money in the account may be used
to create a guarantee fund for the refinancing of contracts for
deed.
Subd. 3. [ELIGIBLE PROPERTY.] Contracts for deed eligible
for refinancing with guarantee fund assistance must be for the
purchase of an owner-occupied single-family or duplex
structure. In a city of the first class in the metropolitan
area, as defined in section 473.121, subdivision 2, eligible
properties must be located in an area in which at least one
census tract meets at least three of the following four criteria:
(1) at least 70 percent of the housing structures were
built before 1960;
(2) at least 60 percent of the single-family housing is
owner-occupied;
(3) the median market value of the area's owner-occupied
housing, as recorded in the most recent federal decennial
census, is not more than 100 percent of the purchase price limit
for existing homes eligible for purchase in the area under the
agency's home mortgage loan program; and
(4) between 1980 and 1990, the rate of owner occupancy of
residential properties in the area declined by at least five
percent, or at least 80 percent of the residential properties in
the area are rental properties.
The area must include eight blocks in any direction from
the census tract. Priority must be given for property located
in an area that meets all four criteria.
Sec. 108. [462A.2097] [RENTAL HOUSING.]
The agency may establish a rental housing assistance
program for persons of low income or for persons with a mental
illness or families that include an adult family member with a
mental illness. Rental assistance may be in the form of direct
rental subsidies for housing for persons or families with
incomes of up to 50 percent of the area median income as
determined by the United States Department of Housing and Urban
Development, adjusted for families of five or more. Housing for
the mentally ill must be operated in coordination with social
service providers who provide services requested by tenants.
Direct rental subsidies must be administered by the agency for
the benefit of eligible tenants. Financial assistance provided
under this section must be in the form of vendor payments
whenever possible.
Sec. 109. Minnesota Statutes 1994, section 462A.21,
subdivision 3b, is amended to read:
Subd. 3b. [CAPACITY BUILDING GRANTS.] It may make capacity
building grants to nonprofit organizations, local government
units, Indian tribes, and Indian tribal organizations to expand
their capacity to provide affordable housing and housing-related
services. The grants may be used to assess housing needs and to
develop and implement strategies to meet those needs, including
the creation or preservation of affordable housing, prepurchase
and postpurchase counseling and associated administrative costs,
and the linking of supportive services to the housing. The
agency shall adopt rules specifying the eligible uses of grant
money. Funding priority must be given to those applicants that
include low-income persons in their membership, have provided
housing-related services to low-income people, and demonstrate a
local commitment of local resources, which may include in-kind
contributions. Grants under this subdivision may be made only
with specific appropriations by the legislature.
Sec. 110. Minnesota Statutes 1994, section 462A.21,
subdivision 8, is amended to read:
Subd. 8. [HOME OWNERSHIP ASSISTANCE FUND.] It may
establish a home ownership assistance fund, on terms and
conditions it deems advisable, to assist persons and families of
low and moderate income in the purchase of affordable
residential housing and may use the funds to provide loans,
additional security for eligible loans or to pay costs
associated with or provide additional security for bonds issued
by the agency.
Sec. 111. Minnesota Statutes 1994, section 462A.21,
subdivision 8b, is amended to read:
Subd. 8b. [FAMILY RENTAL HOUSING.] It may establish a
family rental housing assistance program to provide loans or
direct rental subsidies for housing for families with incomes of
up to 60 80 percent of area state median income. Priority must
be given to those developments with resident families with the
lowest income. The development may be financed by the agency or
other public or private lenders. Direct rental subsidies must
be administered by the agency for the benefit of eligible
families. Financial assistance provided under this subdivision
to recipients of aid to families with dependent children must be
in the form of vendor payments whenever possible. Loans and
direct rental subsidies under this subdivision may be made only
with specific appropriations by the legislature. The
limitations on eligible mortgagors contained in section 462A.03,
subdivision 13, do not apply to loans for the rehabilitation of
existing housing under this subdivision.
Sec. 112. Minnesota Statutes 1994, section 462A.21,
subdivision 13, is amended to read:
Subd. 13. [ACCESSIBILITY PROGRAMS.] It may spend money for
the purpose purposes of section 462A.05, subdivision
subdivisions 14, 14a, and 24, and may pay the costs and expenses
necessary and incidental to the development and operation of the
programs authorized in that subdivision those subdivisions.
Sec. 113. Minnesota Statutes 1994, section 462A.21,
subdivision 21, is amended to read:
Subd. 21. [COMMUNITY REHABILITATION PROGRAM.] The
agency or its grantees may spend money for the purposes of the
community rehabilitation program authorized under section
462A.206 and may pay the costs and expenses necessary and
incidental to the development and operation of the program.
Sec. 114. Minnesota Statutes 1994, section 462A.21, is
amended by adding a subdivision to read:
Subd. 22. [CONTRACT FOR DEED GUARANTEE PROGRAM.] It may
expend money for the purposes of section 462A.2091 and may pay
the costs and expenses necessary and incidental to the
development and operation of the program authorized by section
462A.2091.
Sec. 115. Minnesota Statutes 1994, section 462A.21, is
amended by adding a subdivision to read:
Subd. 23. [RENTAL HOUSING.] The agency may spend money for
the purposes of the rental housing program authorized under
section 462A.2097, and may pay the costs and expenses necessary
and incidental to the development and operation of the program.
Sec. 116. Minnesota Statutes 1994, section 469.0171, is
amended to read:
469.0171 [HOUSING PLAN, PROGRAM, AND REVIEW.]
Prior to the issuance of bonds or obligations for a housing
development project proposed by an authority under section
469.017, the authority shall:
(1) prepare a plan meeting the requirements of section
462C.03, subdivision 1, paragraphs (a) to (d);
(2) obtain review of the plan in the manner provided in
section 462C.04, subdivision 1; and
(3) prepare and submit for review a program as defined in
section 462C.02, subdivision 3, in the manner provided in
section 462C.04, subdivision 2, and section 462C.05, subdivision
5, for the making or purchasing of loans by cities.
The authority shall prepare and submit the report required
under section 462C.04, subdivision 3.
Sec. 117. Minnesota Statutes 1994, section 504.33,
subdivision 2, is amended to read:
Subd. 2. [CITY.] "City" means a any statutory or home rule
charter city located within the metropolitan area as defined in
section 473.121, subdivision 2, and any city of the first class
as defined in section 410.01. The term "city" also includes,
where applicable, a port authority, economic development
authority, a housing and redevelopment authority, or any
development agency established under chapter 469 which share
common boundaries with the city.
Sec. 118. Minnesota Statutes 1994, section 504.33,
subdivision 3, is amended to read:
Subd. 3. [DISPLACE.] "Displace" means to demolish, acquire
for or convert to a use other than low-income housing, or to
provide or spend money that directly results in the demolition,
acquisition, or conversion of housing to a use other than
low-income housing.
"Displace" does not include providing or spending money
that directly results in: (i) housing improvements made to
comply with health, housing, building, fire prevention, housing
maintenance, or energy codes or standards of the applicable
government unit; (ii) housing improvements to make housing more
accessible to a handicapped person; or (iii) the demolition,
acquisition, or conversion of housing for the purpose of
creating owner-occupied housing that consists of no more than
four units per structure.
"Displace" does not include downsizing large apartment
complexes by demolishing less than 25 percent of the units in
the complex or by eliminating units through reconfiguration and
expansion of individual units for the purpose of expanding the
size of the remaining low-income units. For the purpose of this
section, "large apartment complex" means two or more adjacent
buildings containing a total of 100 or more units per complex.
In any city in the metropolitan area, as defined in section
473.121, subdivision 2, which has met its housing affordability
goals under the metropolitan council's metropolitan development
guide, adopted under section 473.145, "displace" means the
demolition, acquisition, or conversion of housing only for
purposes other than the construction or rehabilitation of
housing.
Sec. 119. Minnesota Statutes 1994, section 504.34,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL REPORT REQUIRED.] A government
unit, or in the case of a government unit located in the
metropolitan area as defined in section 473.121, the government
unit and the metropolitan council, shall prepare a housing
impact report either:
(1) for each year in which the government unit displaces
ten or more units of low-income housing in a city of the first
class as defined in section 410.01; or
(2) when a specific project undertaken by a government unit
for longer than one year displaces a total of ten or more units
of low-income housing in a city of the first class as defined in
section 410.01.
Sec. 120. Minnesota Statutes 1994, section 504.34,
subdivision 2, is amended to read:
Subd. 2. [DRAFT ANNUAL HOUSING IMPACT REPORT.] As provided
in subdivision 1, a government unit or in the case of a
government unit participating with located in the metropolitan
area, as defined in section 473.121, subdivision 2, the
metropolitan council subject to this section must prepare a
draft annual housing impact report for review and comment by
interested persons. The draft report must be completed by
January 31 of the year immediately following a year in which the
government unit has displaced ten or more units of low-income
housing in a city. For a housing impact report required under
subdivision 1, clause (2), the draft report must be completed by
January 31 of the year immediately following the year in which
the government unit has displaced a cumulative total of ten
units of low-income housing in a city.
Sec. 121. Minnesota Statutes 1994, section 504.35, is
amended to read:
504.35 [REPLACEMENT HOUSING REQUIRED.]
A government unit which displaces ten or more units of
low-income housing in a city of the first class as defined in
section 410.01 and is subject to section 504.34 or in any city
located within the metropolitan area as defined in section
473.121, subdivision 2, must provide the replacement housing
within 36 months following the date of the final annual housing
impact report, unless there is an adequate supply of available
and unoccupied low-income housing units to meet the demand for
the replacement housing in the city where housing has been
displaced by the government unit.
Sec. 122. [AFFORDABLE NEIGHBORHOOD DESIGN AND DEVELOPMENT
INITIATIVE.]
In order to develop and implement methods of reducing the
total costs of housing units through the innovative use of
technology and planning, the housing finance agency may conduct
a competition or secure proposals for innovative plans for the
development of housing units affordable to low-income persons.
The agency shall seek models for use by local units of
government and nonprofit organizations to develop neighborhoods
with small, owner-occupied affordable housing. The agency may
seek plans that reduce construction costs through technological
advancements, uniform housing designs suitable for use
throughout the state, central purchasing of material or housing
components, or streamlining of regulatory processes for site
planning and land development. Designs selected become the
property of the state of Minnesota. The agency may award one or
more premiums in each competition and may share the costs and
fees that may be required for the conduct of competitions.
Sec. 123. [REPLACEMENT HOUSING; METROPOLITAN COUNCIL
STUDY.]
The metropolitan council shall study the issue of
replacement housing and the need for a metropolitan area
replacement housing law. The council shall report the results
of the study and its recommendations to the legislature by
December 1, 1996.
Sec. 124. Laws 1994, chapter 643, section 19, subdivision
9, is amended to read:
Subd. 9. Museum and Center for
American Indian History 1,100,000
This appropriation is for the Minnesota
historical society board of trustees of
the Minnesota state colleges and
universities to plan, design, and
construct a museum and center for
American Indian history and policy.
The facility shall be located at an
institution of higher education,
selected by the state university board,
which serves a region including the
three most populous Indian reservations
Bemidji State University. This
appropriation is not available unless
matched by $1,000,000 from nonpublic
sources. The board of trustees of the
Minnesota state colleges and
universities is not required to pay any
debt service for this appropriation.
Sec. 125. [APPLICABILITY.]
Sections 119, 120, and 123 apply in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 126. [REPEALER.]
(a) Minnesota Statutes 1994, sections 116J.874, subdivision
6; 268A.01, subdivisions 7, 11, and 12; and 268A.09, are
repealed.
(b) Minnesota Statutes 1994, sections 298.2211, subdivision
3a, and 462A.21, subdivision 8c, are repealed.
(c) Minnesota Statutes 1994, section 97A.531, subdivisions
2, 3, 4, 5, and 6, are repealed. Any action of the commissioner
of natural resources under authority of those subdivisions is
void.
(d) Laws 1990, chapter 521, section 4, is repealed.
Sec. 127. [EFFECTIVE DATES.]
Sections 18, subdivision 5; 30 to 47; 49; 57; 69; 71; 76;
79; 95; 96; 98; 100 to 103; 108; 112; 115; 116; 123 to 125; 126,
paragraphs (b), (c), and (d); and all provisions of this act
making appropriations for fiscal year 1995, are effective the
day following final enactment. Section 51 is effective the day
following final enactment and is repealed December 31, 1995.
Section 52 is effective May 1, 1996. Sections 117 to 121 are
effective August 1, 1997. All other provisions of this act are
effective July 1, 1995.
Presented to the governor May 22, 1995
Signed by the governor May 25, 1995, 3:12 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes