Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 162-S.F.No. 1680 
                  An act relating to state government; programs 
                  administered by the department of administration; 
                  modifying privacy provisions; extending the expiration 
                  date of certain advisory councils; extending the term 
                  of the shared-savings program for energy conservation 
                  in state-owned buildings; authorizing Indian tribal 
                  governments to be served by the state information 
                  infrastructure; adding political subdivisions to the 
                  state risk management program; repealing the parking 
                  surcharge for vehicles occupied by one person; 
                  canceling the conveyance of surplus land to Sauk 
                  Centre; amending Minnesota Statutes 2000, sections 
                  13.64; 16B.055, by adding a subdivision; 16B.27, 
                  subdivision 3; 16B.32, subdivision 2; 16B.465, 
                  subdivision 1a; 16B.76, subdivision 1; 16B.85, 
                  subdivisions 2 and 3; and 16C.17, subdivision 2; 
                  repealing Minnesota Statutes 2000, section 16B.58, 
                  subdivision 7; Laws 2000, chapter 326. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 13.64, is 
        amended to read: 
           13.64 [DEPARTMENT OF ADMINISTRATION DATA.] 
           (a) Notes and preliminary drafts of reports created, 
        collected, or maintained by the management analysis division, 
        department of administration, and prepared during management 
        studies, audits, reviews, consultations, or investigations are 
        classified as confidential or protected nonpublic data until the 
        final report has been published or preparation of the report is 
        no longer being actively pursued. 
           (b) Data that support the conclusions of the report and 
        that the commissioner of administration reasonably believes will 
        result in litigation are confidential or protected nonpublic 
        until the litigation has been completed or until the litigation 
        is no longer being actively pursued.  
           (c) Data on individuals that could reasonably be used to 
        determine the identity of an individual supplying data for a 
        report are private if (a): 
           (1) the data supplied by the individual were needed for a 
        report; and 
           (b) (2) the data would not have been provided to the 
        management analysis division without an assurance to the 
        individual that the individual's identity would remain private, 
        or the management analysis division reasonably believes that the 
        individual would not have provided the data. 
           Sec. 2.  Minnesota Statutes 2000, section 16B.055, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EXPIRATION.] Notwithstanding section 15.059, the 
        council expires June 30, 2003. 
           Sec. 3.  Minnesota Statutes 2000, section 16B.27, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COUNCIL.] The governor's residence council 
        consists of the following 19 members:  the commissioner; the 
        spouse, or a designee of the governor; the executive director of 
        the Minnesota state arts board; the director of the Minnesota 
        historical society; a member of the senate appointed pursuant to 
        the rules of the senate; a member of the house of 
        representatives appointed pursuant to the rules of the house of 
        representatives; 13 persons appointed by the governor including 
        one in the field of higher education, one member of the American 
        Society of Interior Designers, Minnesota Chapter, one member of 
        the American Institute of Architects, Minnesota chapter, one 
        member of the American Society of Landscape Architects, 
        Minnesota Chapter, one member of the family that donated the 
        governor's residence to the state, if available, and eight 
        public members with four public members' terms being coterminous 
        with the governor who appoints them.  Members of the council 
        serve without compensation.  Membership terms, removal, and 
        filling of vacancies for members appointed by the governor are 
        governed by section 15.0575.  The council shall elect a chair 
        and a secretary from among its members.  The council expires on 
        June 30, 2001 2003. 
           Sec. 4.  Minnesota Statutes 2000, section 16B.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 
        (a) The commissioner of administration in consultation with the 
        department of public service, in cooperation with one or more 
        public utilities or comprehensive energy services providers, may 
        conduct a shared-savings program involving energy conservation 
        expenditures on state-owned buildings.  The public utility or 
        energy services provider shall contract with appropriate state 
        agencies to implement energy efficiency improvements in the 
        selected buildings.  A contract must require the public utility 
        or energy services provider to include all energy efficiency 
        improvements in selected buildings that are calculated to 
        achieve a cost payback within ten years.  The contract must 
        require that the public utility or energy services provider be 
        repaid solely from energy cost savings and only to the extent of 
        energy cost savings.  Repayments must be interest-free.  The 
        goal of the program in this paragraph is to demonstrate that 
        through effective energy conservation the total energy 
        consumption per square foot of state-owned and wholly 
        state-leased buildings could be reduced by at least 25 percent 
        from consumption in the base year of 1990.  All agencies 
        participating in the program must report to the commissioner of 
        administration their monthly energy usage, building schedules, 
        inventory of energy-consuming equipment, and other information 
        as needed by the commissioner to manage and evaluate the program.
           (b) The commissioner may exclude from the program of 
        paragraph (a) a building in which energy conservation measures 
        are carried out.  "Energy conservation measures" means measures 
        that are applied to a state building that improve energy 
        efficiency and have a simple return of investment in ten years 
        or within the remaining period of a lease, whichever time is 
        shorter, and involves energy conservation, conservation 
        facilities, renewable energy sources, improvements in operations 
        and maintenance efficiencies, or retrofit activities. 
           (c) This subdivision expires January 1, 2001 2006. 
           Sec. 5.  Minnesota Statutes 2000, section 16B.465, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [CREATION.] Except as provided in subdivision 4, 
        the commissioner, through the state information infrastructure, 
        shall arrange for the provision of voice, data, video, and other 
        telecommunications transmission services to state agencies.  The 
        state information infrastructure may also serve educational 
        institutions, including public schools as defined in section 
        120A.05, subdivisions 9, 11, 13, and 17, nonpublic, church or 
        religious organization schools that provide instruction in 
        compliance with sections 120A.22, 120A.24, and 120A.41, and 
        private colleges; public corporations; Indian tribal 
        governments; and state political subdivisions.  It is not a 
        telephone company for purposes of chapter 237.  The commissioner 
        may purchase, own, or lease any telecommunications network 
        facilities or equipment after first seeking bids or proposals 
        and having determined that the private sector cannot, will not, 
        or is unable to provide these services, facilities, or equipment 
        as bid or proposed in a reasonable or timely fashion consistent 
        with policy set forth in this section.  The commissioner shall 
        not resell or sublease any services or facilities to nonpublic 
        entities except to serve private schools and colleges.  The 
        commissioner has the responsibility for planning, development, 
        and operations of the state information infrastructure in order 
        to provide cost-effective telecommunications transmission 
        services to state information infrastructure users consistent 
        with the policy set forth in this section. 
           Sec. 6.  Minnesota Statutes 2000, section 16B.76, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] (a) The construction codes 
        advisory council consists of the following members: 
           (1) the commissioner of administration or the 
        commissioner's designee representing the department's building 
        codes and standards division; 
           (2) the commissioner of health or the commissioner's 
        designee representing an environmental health section of the 
        department; 
           (3) the commissioner of public safety or the commissioner's 
        designee representing the department's state fire marshal 
        division; 
           (4) the commissioner of public service commerce or the 
        commissioner's designee representing the department's energy 
        regulation and resource management division; and 
           (5) one member representing each of the following 
        occupations or entities, appointed by the commissioner of 
        administration: 
           (i) a certified building official; 
           (ii) a fire service representative; 
           (iii) a licensed architect; 
           (iv) a licensed engineer; 
           (v) a building owners and managers representative; 
           (vi) a licensed residential building contractor; 
           (vii) a commercial building contractor; 
           (viii) a heating and ventilation contractor; 
           (ix) a plumbing contractor; 
           (x) a representative of a construction and building trades 
        union; and 
           (xi) a local unit of government representative. 
           (b) For members who are not state officials or employees, 
        terms, compensation, removal, and the filling of vacancies are 
        governed by section 15.059.  The council shall select one of its 
        members to serve as chair. 
           (c) The council expires June 30, 2001 2003. 
           Sec. 7.  Minnesota Statutes 2000, section 16B.85, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RISK MANAGEMENT FUND.] (a) All state 
        agencies, political subdivisions, and the Minnesota state 
        colleges and universities, may, in cooperation with the 
        commissioner, participate in insurance programs and other 
        funding alternative programs provided by the risk management 
        fund. 
           (b) When an agency or agencies enter entity described in 
        paragraph (a) enters into an insurance or self-insurance 
        program, each agency entity shall contribute the appropriate 
        share of its costs as determined by the commissioner. 
           (c) The money in the fund to pay claims arising from state 
        activities and for administrative costs, including costs for the 
        adjustment and defense of the claims, is appropriated to the 
        commissioner. 
           (d) Interest earned from the investment of money in the 
        fund shall be credited to the fund and be available to the 
        commissioner for the expenditures authorized in this subdivision.
           (e) The fund is exempt from the provisions of section 
        16A.152, subdivision 4.  In the event that proceeds in the fund 
        are insufficient to pay outstanding claims and associated 
        administrative costs, the commissioner, in consultation with the 
        commissioner of finance, may assess state agencies entities 
        participating in the fund amounts sufficient to pay the costs.  
        The commissioner shall determine the proportionate share of the 
        assessment of each agency entity. 
           Sec. 8.  Minnesota Statutes 2000, section 16B.85, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RESPONSIBILITIES.] The commissioner shall: 
           (1) review the state's exposure to various types of 
        potential risks in consultation with affected agencies entities 
        and advise state agencies them as to the reduction of risk and 
        fiscal management of those losses; 
           (2) be responsible for statewide risk management 
        coordination, evaluation of funding and insuring alternatives, 
        and the approval of all insurance purchases in consultation with 
        affected agencies entities; 
           (3) identify ways to eliminate redundant efforts in the 
        management of state risk management and insurance programs; 
           (4) maintain the state risk management information system; 
        and 
           (5) administer and maintain the state risk management fund. 
           Sec. 9.  Minnesota Statutes 2000, section 16C.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADVISORY COUNCIL.] The small business 
        procurement advisory council consists of 13 members appointed by 
        the commissioner of administration.  A chair of the advisory 
        council shall be elected from among the members.  The 
        appointments are subject to the appointments program provided by 
        section 15.0597.  The terms, compensation, and removal of 
        members are as provided in section 15.059.  Notwithstanding 
        section 15.059, the council expires June 30, 2003. 
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 2000, section 16B.58, subdivision 7; and 
        Laws 2000, chapter 326, are repealed. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Section 4 is effective retroactively to January 1, 2001.  
        Sections 3, 6, and 9 are effective June 30, 2001. 
           Presented to the governor May 21, 2001 
           Signed by the governor May 24, 2001, 1:46 p.m.