Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2016, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 189--H.F.No. 2749
An act
relating to state government; providing supplemental appropriations and policy for higher education, agriculture, broadband development, state agencies, the courts, public safety, corrections, environment, natural resources, state government, veterans, jobs, economic development, labor and industry, commerce, housing finance, health and human services, early childhood education, voluntary prekindergarten, kindergarten through grade 12 education, and community and adult education; providing for the James Metzen Mighty Ducks Ice Center Development Act; providing policy initiatives for state government programs; making policy, technical, and conforming changes to various provisions, including provisions governing broadband development, state broadband goals, postsecondary student aid programs, agriculture, driver's licenses, identification cards, predatory offender registration, prostitution, game and fish, natural resources, state lands, watercraft, recreational vehicles, energy, utilities, state agencies, the Board of Barbers, veterans, economic development, labor and industry, housing, the Public Employment Relations Board, Explore Minnesota Tourism, commerce, children and family services, mental and chemical health services, direct care and treatment, continuing care, health care programs, Department of Health programs, and health-related licensing; making forecast adjustments; making adjustments to certain appropriations; specifying requirements for construction of highways on tribal lands; creating a surrogacy commission; modifying state procurement contracts; establishing certain programs and incentives; providing an income tax subtraction for military retirement pay; providing an income tax credit for parents of stillborn children; modifying the sales and use tax rate for retail sales of modular homes; increasing maximum sentence for felony assault motivated by bias; permitting the purchase and possession of alcohol by sensory testing firms; authorizing the issuance of certain liquor licenses; authorizing transfers; creating accounts; creating task forces; requiring reports; authorizing rulemaking; providing criminal penalties;
amending Minnesota Statutes 2014, sections 3.3005, subdivisions 3, 3b, 4, 5, 6, by adding subdivisions; 13.3805, by adding a subdivision; 16A.103, by adding a subdivision; 16C.10, subdivision 6; 16C.16, subdivisions 6, 7, 11, by adding a subdivision; 16E.0466; 16E.21, subdivision 2, by adding subdivisions; 17.117, subdivisions 4, 11a; 17.4982, subdivision 18a; 18B.26, subdivision 3; 41A.12, subdivision 2; 61A.24, by adding a subdivision; 61A.25, by adding a subdivision; 62D.04, subdivision 1; 62D.08, subdivision 3; 62J.495, subdivision 4; 62J.496, subdivision 1; 62V.05, by adding a subdivision; 84.027, subdivision 13; 84.091, subdivision 2; 84.798, subdivision 2; 84.8035; 84D.01, subdivision 2; 84D.05, subdivision 1; 84D.09, subdivision 2; 84D.10, subdivision 4; 84D.108, by adding a subdivision; 84D.13, subdivision 4; 85.015, subdivision 13; 86B.005, by adding subdivisions; 88.01, by adding a subdivision; 88.22, subdivision 1; 89.0385; 93.0015, subdivision 3; 93.2236; 94.3495, subdivisions 2, 3, 7; 97A.075, subdivision 7; 97A.405, subdivision 2; 97A.465, by adding a subdivision; 115C.09, subdivisions 1, 3; 115C.13; 116J.395, subdivisions 4, 5, by adding subdivisions; 116J.423; 116J.424; 116J.431, subdivisions 1, 2, 4, 6; 116J.68; 116J.8737, subdivisions 2, 3, 5, 12; 116J.8747, subdivisions 1, 2; 116L.99; 116M.14, subdivisions 2, 4, by adding subdivisions; 116M.15, subdivision 1, by adding a subdivision; 116M.17, subdivisions 2, 4; 116M.18; 120A.42; 120B.02, by adding a subdivision; 120B.021, subdivisions 1, 3; 120B.11, subdivisions 1a, 2, 3, 4, 5; 120B.12, subdivision 2; 120B.15; 120B.232; 120B.30, subdivision 2, by adding a subdivision; 120B.31, subdivision 5, by adding subdivisions; 120B.35; 120B.36, as amended; 121A.53; 121A.61, subdivision 3; 121A.64; 122A.09, as amended; 122A.16; 122A.18, as amended; 122A.21, as amended; 122A.245, as amended; 122A.31, subdivision 3; 122A.4144; 122A.416; 122A.42; 122A.63, subdivision 1; 122A.72, subdivision 5; 123A.24, subdivision 2; 123B.045, by adding a subdivision; 123B.52, subdivision 1; 123B.53, subdivision 5; 123B.571, subdivision 2; 123B.60, subdivision 1; 123B.71, subdivision 8; 123B.79, subdivisions 5, 8, 9; 124D.03, subdivision 5a; 124D.111, by adding a subdivision; 124D.1158, subdivisions 3, 4; 124D.135, subdivision 6, by adding subdivisions; 124D.15, subdivisions 3a, 15; 124D.52, subdivisions 1, 2; 124D.55; 124D.59, by adding a subdivision; 124D.68, subdivision 2; 124D.861, as amended; 125A.091, subdivision 11; 125A.0942, subdivision 4; 125A.56, subdivision 1; 126C.05, subdivision 3; 126C.10, subdivisions 2d, 24; 126C.40, subdivision 5; 126C.63, subdivision 7; 127A.095; 127A.353, subdivision 4; 127A.45, subdivision 6a; 127A.51; 129C.10, subdivision 1; 136A.101, subdivisions 5a, 10; 144.05, by adding a subdivision; 144A.073, subdivisions 13, 14, by adding a subdivision; 144A.611, subdivisions 1, 2, by adding a subdivision; 144A.75, subdivisions 5, 6, 8, by adding a subdivision; 145.4716, subdivision 2, by adding a subdivision; 149A.50, subdivision 2; 154.001, subdivision 2; 154.002; 154.01; 154.02; 154.04; 154.05; 154.065, subdivisions 2, 4; 154.07; 154.08; 154.09; 154.10, subdivision 2; 154.11, subdivision 1; 154.14; 154.15; 154.161, subdivision 7; 154.162; 154.19; 154.21; 154.24; 154.25; 161.368; 171.07, subdivisions 6, 7, 15, by adding a subdivision; 197.455, subdivision 1; 214.075, subdivision 3; 216B.16, subdivision 12; 216B.1691, subdivision 10; 216B.241, subdivision 1c; 216B.243, subdivision 8; 216C.20, subdivision 3; 216E.03, subdivision 5; 216H.01, by adding a subdivision; 216H.03, subdivision 1; 237.012; 243.166, subdivision 1b; 245.92; 245.94; 245.95, subdivision 1; 245.97, subdivision 5; 245.99, subdivision 2; 245A.11, subdivision 2a, as amended; 246.50, subdivision 7; 246.54, as amended; 246B.01, subdivision 1b; 246B.035; 254B.01, subdivision 4a; 254B.03, subdivision 4; 254B.04, subdivision 2a; 254B.06, subdivision 2, by adding a subdivision; 256.01, by adding a subdivision; 256B.059, subdivisions 1, 2, 3, by adding a subdivision; 256B.06, subdivision 4; 256B.0622, by adding a subdivision; 256B.0625, subdivisions 30, 34, by adding a subdivision; 256B.15, subdivisions 1, 1a, 2; 256D.051, subdivision 6b; 256L.01, subdivision 1a; 256L.04, subdivisions 1a, 2; 256L.07, subdivision 1; 256L.11, subdivision 7; 256N.26, subdivision 3; 260C.451, by adding a subdivision; 268.035, subdivisions 12, 20, 23a, 29, by adding subdivisions; 268.051, subdivision 5; 268.085, subdivisions 4, 5; 268.0865, subdivisions 3, 4; 268.095, subdivisions 1, 2, 5; 268.101, subdivision 2; 268.18; 268.182, subdivision 2; 290.01, subdivision 19b; 297A.62, subdivision 3; 299A.41, subdivisions 3, 4; 326B.439; 326B.49, subdivision 1; 327.14, subdivision 8; 327C.03, subdivision 6; 327C.095, subdivisions 12, 13; 373.48, subdivision 3; 462A.204, subdivisions 1, 3; 484.90, subdivision 6; 518.175, subdivision 5; 518A.34; 518A.35, subdivision 1; 518A.36; 609.3241; 626.556, subdivision 3e; 626.558, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 16A.152, subdivision 2; 16A.724, subdivision 2; 16C.073, subdivision 2; 16C.16, subdivision 6a; 41A.14; 41A.15, subdivision 10, by adding subdivisions; 41A.16, subdivision 1; 41A.17, subdivisions 1, 2; 41A.18, subdivision 1; 84.027, subdivision 13a; 84D.11, subdivision 1; 84D.13, subdivision 5; 116D.04, subdivision 2a; 116J.394; 120A.41; 120B.021, subdivision 4; 120B.125; 120B.30, subdivision 1; 120B.301; 120B.31, subdivision 4; 122A.23; 122A.40, subdivision 8; 122A.41, subdivision 5; 122A.414, subdivisions 1, 2, 2b, 3; 122A.415, subdivision 4; 122A.60, subdivision 4; 123B.53, subdivision 1; 123B.595, subdivisions 1, 4, 7, 8, 9, 10, 11, by adding a subdivision; 124D.231, subdivision 2; 124D.59, subdivision 2; 124D.73, subdivision 4; 124E.01; 124E.02; 124E.03; 124E.05; 124E.06; 124E.07; 124E.08; 124E.10; 124E.12; 124E.13; 124E.15; 124E.16; 124E.17; 124E.22; 124E.24; 124E.25; 124E.26; 125A.08; 125A.083; 125A.0942, subdivision 3; 125A.11, subdivision 1; 125A.21, subdivision 3; 125A.63, subdivision 4; 125A.76, subdivision 2c; 125A.79, subdivision 1; 126C.05, subdivision 1; 126C.10, subdivision 13a; 126C.48, subdivision 8; 127A.05, subdivision 6; 127A.47, subdivision 7; 136A.121, subdivision 7a; 136A.125, subdivisions 2, 4; 136A.1791, subdivisions 4, 5, 6; 136A.246, by adding subdivisions; 136A.87; 136F.302, subdivision 1; 144.4961, subdivisions 3, 4, 5, 6, 8, by adding subdivisions; 144A.75, subdivision 13; 149A.92, subdivision 1; 154.003; 154.11, subdivision 3; 154.161, subdivision 4; 197.46; 245.735, subdivisions 3, 4; 254B.05, subdivision 5; 256B.059, subdivision 5; 256B.0625, subdivision 17a; 256B.431, subdivision 36; 256B.76, subdivisions 2, 4; 256B.766; 256L.01, subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision 3a; 256L.06, subdivision 3; 256L.15, subdivision 1; 256P.06, subdivision 3; 260C.203; 260C.212, subdivisions 1, 14; 260C.215, subdivision 4; 260C.451, subdivision 6; 260C.521, subdivision 1; 268.07, subdivision 3b; 268.085, subdivision 2; 326B.13, subdivision 8; 326B.988; 518A.26, subdivision 14; 518A.39, subdivision 2; 583.215; 609.324, subdivision 1; 626.556, subdivision 2; Laws 2001, chapter 130, section 3; Laws 2011, First Special Session chapter 11, article 4, section 8; Laws 2014, chapter 198, article 2, section 2; Laws 2014, chapter 211, section 13; Laws 2014, chapter 312, article 2, sections 14; 15; article 12, section 6, subdivision 5, as amended; Laws 2015, chapter 65, article 1, section 18; Laws 2015, chapter 69, article 1, section 3, subdivision 28; article 3, sections 20, subdivision 15; 24, subdivision 1; Laws 2015, chapter 71, article 8, section 24; article 14, section 4, subdivision 3; Laws 2015, First Special Session chapter 1, article 1, sections 2, subdivision 3; 4; 6; article 6, section 16; Laws 2015, First Special Session chapter 3, article 1, sections 24; 27, subdivisions 2, 4, 5, 6, 7, 9; article 2, section 70, subdivisions 2, 3, 4, 5, 6, 7, 11, 12, 15, 19, 21, 24, 26; article 4, sections 4; 9, subdivision 2; article 5, section 30, subdivisions 2, 3, 5; article 6, section 13, subdivisions 2, 3, 6, 7; article 7, section 7, subdivisions 2, 3, 4; article 9, section 8, subdivisions 5, 6, 7, 9; article 10, section 3, subdivisions 2, 6, 7; article 11, section 3, subdivisions 2, 3; article 12, section 4, subdivision 2; Laws 2015, First Special Session chapter 4, article 1, sections 2, subdivisions 2, 4; 5; article 3, section 3, subdivisions 2, 5; article 4, section 131; proposing coding for new law in Minnesota Statutes, chapters 17; 41A; 62D; 84D; 86B; 116J; 116L; 119A; 120B; 121A; 123B; 124D; 136A; 136F; 144; 145; 216B; 240A; 254B; 260C; 260D; 290; 325E; 462A; 518A; 609; proposing coding for new law as Minnesota Statutes, chapters 147F; 153B; repealing Minnesota Statutes 2014, sections 116P.13; 122A.413, subdivision 3; 122A.43, subdivision 6; 123B.60, subdivision 2; 123B.79, subdivisions 2, 6; 149A.92, subdivision 11; 154.03; 154.06; 154.11, subdivision 2; 154.12; 216B.1612; 216C.39; 256B.059, subdivision 1a; 256L.04, subdivisions 2a, 8; 256L.22; 256L.24; 256L.26; 256L.28; Minnesota Statutes 2015 Supplement, section 122A.413, subdivisions 1, 2; Special Laws 1891, chapter 57, chapter XII, section 5; Laws 2015, First Special Session chapter 4, article 2, section 81.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HIGHER EDUCATION
Section 1.new text begin APPROPRIATIONS.new text end |
new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations in Laws 2015, chapter 69, article 1, unless otherwise specified, to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. "The biennium" is fiscal years 2016 and 2017. new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2016 new text end | new text begin 2017 new text end | |||||
Sec. 2.new text begin MINNESOTA OFFICE OF HIGHER EDUCATION new text end |
||||||
new text begin Subdivision 1. new text endnew text begin Total Appropriations new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 3,210,000 new text end | ||
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Equity in Postsecondary Education Grants new text end |
new text begin -0- new text end | new text begin 500,000 new text end | ||||
new text begin For equity in postsecondary attainment grants under section 31. This appropriation is available until June 30, 2020. Of this appropriation, $25,000 may be used for administration expenses to administer the grant program. This is a onetime appropriation. new text end
new text begin Subd. 3. new text endnew text begin State Grant new text end |
new text begin -0- new text end | new text begin 2,000,000 new text end | ||||
new text begin For the state grant program under Minnesota Statutes, section 136A.121. This is a onetime appropriation. new text end
new text begin Subd. 4. new text endnew text begin Addiction Medicine Graduate Fellowship Program new text end |
new text begin -0- new text end | new text begin 210,000 new text end | ||||
new text begin For establishing a grant program used to support up to four physicians who are enrolled each year in an addiction medicine fellowship program. A grant recipient must be enrolled in a program that trains fellows in diagnostic interviewing, motivational interviewing, addiction counseling, recognition and care of common acute withdrawal syndromes and complications, pharmacotherapies of addictive disorders, epidemiology and pathophysiology of addiction, addictive disorders in special populations, secondary interventions, use of screening and diagnostic instruments, inpatient care, and working within a multidisciplinary team, and prepares doctors to practice addiction medicine in rural and underserved areas of the state. The base for this program is $210,000 in fiscal year 2018 and $0 in fiscal year 2019. new text end
new text begin Subd. 5. new text endnew text begin Student and Employer Connection Information System new text end |
new text begin -0- new text end | new text begin 500,000 new text end | ||||
new text begin For a grant to the Saint Paul Foundation for the creation of a web-based job and intern-seeking software tool that blind matches the needs of employers located in Minnesota with the individual profiles of high school seniors and postsecondary students attending Minnesota high schools and postsecondary institutions. No more than three percent of this appropriation may be used for administrative expenses of the foundation. The foundation must report by January 15, 2017, on activities under this subdivision to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance. The base for this appropriation is $405,000 in fiscal year 2018. new text end
Sec. 3.new text begin BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES new text end |
||||||
new text begin Subdivision 1. new text endnew text begin Total Appropriations new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 790,000 new text end | ||
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Operating Support and Protecting Affordability new text end |
new text begin -0- new text end | new text begin 570,000 new text end | ||||
new text begin Subd. 3. new text endnew text begin MnSCU Open Textbooks new text end |
new text begin -0- new text end | new text begin 100,000 new text end | ||||
new text begin (a) For programs on system campuses that promote adoption of open textbooks. Programs must focus on the review, creation, and promotion of new or existing open textbooks and on saving money for students while meeting the academic needs of faculty. This is a onetime appropriation. new text end
new text begin (b) By January 15, 2017, the board shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education regarding the progress of the pilot programs. The report shall include a summary of each pilot program and the total savings expected for students as a result of the programs. new text end
new text begin Subd. 4. new text endnew text begin MnSCU Open Textbook Library new text end |
new text begin -0- new text end | new text begin 100,000 new text end | ||||
new text begin To expand and promote the open textbook library to faculty across the state. This is a onetime appropriation. new text end
new text begin Subd. 5. new text endnew text begin Cook County Higher Education Board new text end |
new text begin -0- new text end | new text begin 20,000 new text end | ||||
new text begin For transfer to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota. This appropriation is in addition to other funds previously appropriated for transfer to the board. new text end
Sec. 4.new text begin BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA new text end |
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new text begin Subdivision 1. new text endnew text begin Total Appropriation new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 900,000 new text end | ||
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Health Training Restoration new text end |
new text begin 800,000 new text end | |||||
new text begin This appropriation must be used to support all of the following: new text end
new text begin (1) faculty physicians who teach at eight residency program sites, including medical resident and student training programs in the Department of Family Medicine; new text end
new text begin (2) the Mobile Dental Clinic; and new text end
new text begin (3) expansion of geriatric education and family programs. new text end
new text begin Subd. 3. new text endnew text begin Rochester Campus, Collegiate Recovery Program new text end |
new text begin -0- new text end | new text begin 100,000 new text end | ||||
new text begin (a) To design and implement a collegiate recovery program at its Rochester campus. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin (b) The purpose of the collegiate recovery program is to provide structured support for students in recovery from alcohol, chemical, or other addictive behaviors. Program activities may include, but are not limited to, specialized professional support through academic, career, and financial advising; establishment of on-campus or residential peer support communities; and opportunities for personal growth through leadership development and other community engagement activities. new text end
new text begin (c) No later than January 15, 2020, the Board of Regents must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance and policy on campus recovery program outcomes. Based on available data, the report must describe, in summary form, the number of students participating in the program and the success rate of participants, including retention and graduation rates, and long-term recovery and relapse rates. new text end
Sec. 5.new text begin OFFICE OF OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 100,000 new text end | ||
new text begin For the duties of the office related to clinical drug trials at the Department of Psychiatry at the University of Minnesota. new text end
Sec. 6.
new text begin MNSCU TWO-YEAR COLLEGE PROGRAM; ADMINISTRATIVE COSTS. new text end
new text begin The appropriation made by Laws 2015, chapter 69, article 1, section 3, subdivision 18, paragraph (c), for fiscal year 2017 for information technology and administrative costs is available on the effective date of this section and until June 30, 2017. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 7.
new text begin [136A.0412] ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION. new text end
new text begin The commissioner may accept donations, grants, bequests, and other gifts of money to carry out the purposes of section 136A.01. Donations, nonfederal grants, bequests, or other gifts of money accepted by the commissioner must be deposited in an account in the special revenue fund and is appropriated to the commissioner for the purpose for which it was given. new text end
Sec. 8.
Minnesota Statutes 2014, section 136A.101, subdivision 5a, is amended to read:
Subd. 5a.
Assigned family responsibility.
"Assigned family responsibility" means the amount of a family's contribution to a student's cost of attendance, as determined by a federal need analysis. For dependent students, the assigned family responsibility is deleted text begin 96deleted text end new text begin 94new text end percent of the parental contribution. For independent students with dependents other than a spouse, the assigned family responsibility is 86 percent of the student contribution. For independent students without dependents other than a spouse, the assigned family responsibility is 50 percent of the student contribution.
Sec. 9.
Minnesota Statutes 2014, section 136A.101, subdivision 10, is amended to read:
Subd. 10.
Satisfactory academic progress.
"Satisfactory academic progress" means satisfactory academic progress as defined under Code of Federal Regulations, title 34, sections 668.16(e), 668.32(f), and 668.34new text begin , except that a student with an intellectual disability as defined in Code of Federal Regulations, title 34, section 668.231, enrolled in an approved comprehensive transition and postsecondary program under that section is subject to the institution's published satisfactory academic process standards for that program as approved by the Office of Higher Educationnew text end .
Sec. 10.
Minnesota Statutes 2015 Supplement, section 136A.121, subdivision 7a, is amended to read:
Subd. 7a.
Surplus appropriation.
If the amount appropriated is determined by the office to be more than sufficient to fund projected grant demand in the second year of the biennium, the office may increase the living and miscellaneous expense allowance deleted text begin or the deleted text end deleted text begin tuition and fee maximumsdeleted text end in the second year of the biennium by up to an amount that retains sufficient appropriations to fund the projected grant demand. The adjustment may be made one or more times. In making the determination that there are more than sufficient funds, the office shall balance the need for sufficient resources to meet the projected demand for grants with the goal of fully allocating the appropriation for state grants. An increase in the living and miscellaneous expense allowance under this subdivision does not carry forward into a subsequent biennium.
Sec. 11.
Minnesota Statutes 2015 Supplement, section 136A.125, subdivision 2, is amended to read:
Subd. 2.
Eligible students.
(a) An applicant is eligible for a child care grant if the applicant:
(1) is a resident of the state of Minnesota or the applicant's spouse is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled as defined in section 125A.02, and who is receiving or will receive care on a regular basis from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's policies and rules, but is not a recipient of assistance from the Minnesota family investment program;
(4) new text begin either new text end has not earned a baccalaureate degree and has been enrolled full time less than eight semesters or the equivalentnew text begin , or has earned a baccalaureate degree and has been enrolled full time less than eight semesters or the equivalent in a graduate or professional degree programnew text end ;
(5) is pursuing a nonsectarian program or course of study that applies to an undergraduatenew text begin , graduate, or professionalnew text end degree, diploma, or certificate;
(6) is enrolled new text begin innew text end at least deleted text begin half timedeleted text end new text begin six credits in an undergraduate program or one credit in a graduate or professional programnew text end in an eligible institution; and
(7) is in good academic standing and making satisfactory academic progress.
(b) A student who withdraws from enrollment for active military service after December 31, 2002, because the student was ordered to active military service as defined in section 190.05, subdivision 5b or 5c, or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility and will be considered to be in continuing enrollment status upon return.
Sec. 12.
Minnesota Statutes 2015 Supplement, section 136A.125, subdivision 4, is amended to read:
Subd. 4.
Amount and length of grants.
(a) The amount of a child care grant must be based on:
(1) the income of the applicant and the applicant's spouse;
(2) the number in the applicant's family, as defined by the office; and
(3) the number of eligible children in the applicant's family.
(b) The maximum award to the applicant shall be $2,800 for each eligible child per academic year, except that the campus financial aid officer may apply to the office for approval to increase grants by up to ten percent to compensate for higher market charges for infant care in a community. The office shall develop policies to determine community market costs and review institutional requests for compensatory grant increases to ensure need and equal treatment. The office shall prepare a chart to show the amount of a grant that will be awarded per child based on the factors in this subdivision. The chart shall include a range of income and family size.
(c) Applicants with family incomes at or below a percentage of the federal poverty level, as determined by the commissioner, will qualify for the maximum award. The commissioner shall attempt to set the percentage at a level estimated to fully expend the available appropriation for child care grants. Applicants with family incomes exceeding that threshold will receive the maximum award minus ten percent of their income exceeding that threshold. If the result is less than zero, the grant is zero.
(d) The academic year award amount must be disbursed by academic term using the following formula:
(1) the academic year amount described in paragraph (b);
(2) divided by the number of terms in the academic year;
(3) divided by 15new text begin for undergraduate students and six for graduate and professional studentsnew text end ; and
(4) multiplied by the number of credits for which the student is enrolled that academic term, up to 15 creditsnew text begin for undergraduate students and six for graduate and professional studentsnew text end .
(e) Payments shall be made each academic term to the student or to the child care provider, as determined by the institution. Institutions may make payments more than once within the academic term.
Sec. 13.
Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 4, is amended to read:
Subd. 4.
Application for loan forgiveness.
Each applicant for loan forgiveness, according to rules adopted by the commissioner, shall:
(1) apply for teacher shortage loan forgiveness and promptly submit any additional information required by the commissioner;new text begin andnew text end
deleted text begin (2) annually reapply for up to five consecutive school years and submit information the commissioner requires to determine the applicant's continued eligibility for loan forgiveness; and deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end submit to the commissioner a completed affidavit, prescribed by the commissioner, affirming the teacher is teaching innew text begin : (i)new text end a licensure field deleted text begin and indeleted text end new text begin identified by the commissioner as experiencing a teacher shortage; or (ii)new text end an economic development region identified by the commissioner as experiencing a teacher shortage.
Sec. 14.
Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 5, is amended to read:
Subd. 5.
Amount of loan forgiveness.
(a) To the extent funding is available, the annual amount of teacher shortage loan forgiveness for an approved applicant shall not exceed $1,000 or the cumulative balance of the applicant's qualified educational loans, including principal and interest, whichever amount is less.
(b) Recipients must secure their own qualified educational loans. Teachers who graduate from an approved teacher preparation program or teachers who add a licensure field, consistent with the teacher shortage requirements of this section, are eligible to apply for the loan forgiveness program.
new text begin (c) No teacher shall receive more than five annual awards. new text end
Sec. 15.
Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 6, is amended to read:
Subd. 6.
Disbursement.
(a) The commissioner must make annual disbursements directly to the participant of the amount for which a participant is eligible, for each year that a participant is eligible.
(b) Within 60 days of deleted text begin receipt of adeleted text end new text begin the new text end disbursementnew text begin datenew text end , the participant must provide the commissioner with verification that the full amount of loan repayment disbursement has been applied toward the designated loans. A participant that previously received funds under this section but has not provided the commissioner with such verification is not eligible to receive additional funds.
Sec. 16.
new text begin [136A.1792] PROMOTION OF FEDERAL PUBLIC SERVICE LOAN FORGIVENESS PROGRAMS. new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin (a) For the purposes of this section, the following terms have the meanings given. new text end
new text begin (b) "Employer" means an organization, agency, or entity that is a public service organization under Code of Federal Regulations, title 34, part 685, section 219, provided that the following are not employers: new text end
new text begin (1) a federal or tribal government organization, agency, or entity; and new text end
new text begin (2) a tribal college or university. new text end
new text begin (c) "Employment certification form" means the form used by the United States Department of Education to certify an individual's employment at a public service organization for the purposes of the federal public service loan forgiveness program. new text end
new text begin (d) "Federal loan forgiveness program" means a loan forgiveness program offered under Code of Federal Regulations, title 34, part 685. new text end
new text begin (e) "Public service loan forgiveness program" means the loan forgiveness program under Code of Federal Regulations, title 34, part 685, section 219. new text end
new text begin (f) "Public service organization" means a public service organization under Code of Federal Regulations, title 34, part 685, section 219. new text end
new text begin Subd. 2. new text end
new text begin Promotion of federal public service loan forgiveness programs. new text end
new text begin (a) The commissioner must develop and distribute informational materials designed to increase awareness of federal public service loan forgiveness programs among Minnesota residents who are eligible for those programs. At a minimum, the commissioner must develop and distribute informational materials that public service organizations may use to promote awareness of the federal public service loan forgiveness program, including: new text end
new text begin (1) a one-page letter addressed to individuals who may be eligible for the public service loan forgiveness program that briefly summarizes the program, provides information on what an eligible individual must do in order to participate, and recommends that they contact their student loan servicer or servicers for additional information; new text end
new text begin (2) a detailed fact sheet describing the public service loan forgiveness program; and new text end
new text begin (3) a document containing answers to frequently asked questions about the public service loan forgiveness program. new text end
new text begin (b) In place of developing and publishing an informational document required under paragraph (a), the commissioner may distribute a document published by a federal agency that meets the requirements of paragraph (a). new text end
new text begin Subd. 3. new text end
new text begin Publication of informational materials. new text end
new text begin The commissioner must make the informational materials required under subdivision 2 available on the office's Web site and must verify each biennium that the informational materials contain current information. The commissioner must update and correct any informational materials that the commissioner finds inaccurate or outdated. new text end
new text begin Subd. 4. new text end
new text begin Employer information. new text end
new text begin (a) An employer must provide an employee with information about the employee's potential eligibility for the federal public service loan forgiveness program. An employer must annually provide to each employee in written or electronic form the one-page letter, fact sheet, and frequently asked questions required under subdivision 2. In addition, an employer must provide a newly hired employee with that information within two weeks of the employee's first day of employment. new text end
new text begin (b) At an employee's request, an employer must provide the employee with a copy of the employment certification form. new text end
new text begin EFFECTIVE DATE. new text end
new text begin Subdivision 4 is effective January 1, 2017. new text end
Sec. 17.
new text begin [136A.1793] PROMOTION OF TEACHER LOAN FORGIVENESS PROGRAMS. new text end
new text begin The commissioner shall provide information to public and private teacher education programs concerning public and private student loan programs that provide for full or partial repayment forgiveness. Teacher education programs must provide the information furnished by the commissioner to their teacher education students. new text end
Sec. 18.
Minnesota Statutes 2015 Supplement, section 136A.246, is amended by adding a subdivision to read:
new text begin Subd. 10. new text end
new text begin Dual training account. new text end
new text begin A dual training account is created in the special revenue fund in the state treasury. The commissioner shall deposit into the account appropriations made for the purposes of this section. Money in the account is appropriated to the commissioner for the purposes for which it was appropriated. new text end
Sec. 19.
Minnesota Statutes 2015 Supplement, section 136A.246, is amended by adding a subdivision to read:
new text begin Subd. 11. new text end
new text begin Administration expenses. new text end
new text begin The commissioner may expend up to five percent of the appropriation made for the purposes of this section for administration of this section. new text end
Sec. 20.
Minnesota Statutes 2015 Supplement, section 136A.87, is amended to read:
136A.87 PLANNING INFORMATION FOR POSTSECONDARY EDUCATION.
new text begin (a) new text end The office shall make available to all residents beginning in 7th grade through adulthood information about planning and preparing for postsecondary opportunities. Information must be provided to all 7th grade students and their parents annually by September 30 about planning for their postsecondary education. The office may also provide information to high school students and their parents, to adults, and to out-of-school youth.
new text begin (b) The office shall gather and share information with students and parents about the dual credit acceptance policies of each Minnesota public and private college and university. The office shall gather and share information related to the acceptance policies for concurrent enrollment courses, postsecondary enrollment options courses, advanced placement courses, and international baccalaureate courses. This information must be shared on the office's Web site and included in the information under paragraph (a). new text end
new text begin (c)new text end The information provided new text begin under paragraph (a) new text end may include the following:
(1) the need to start planning early;
(2) the availability of assistance in educational planning from educational institutions and other organizations;
(3) suggestions for studying effectively during high school;
(4) high school courses necessary to be adequately prepared for postsecondary education;
(5) encouragement to involve parents actively in planning for all phases of education;
(6) information about postsecondary education and training opportunities existing in the state, their respective missions and expectations for students, their preparation requirements, admission requirements, and student placement;
(7) ways to evaluate and select postsecondary institutions;
(8) the process of transferring credits among Minnesota postsecondary institutions and systems;
(9) the costs of postsecondary education and the availability of financial assistance in meeting these costs, including specific information about the Minnesota Promise;
(10) the interrelationship of assistance from student financial aid, public assistance, and job training programs; and
(11) financial planning for postsecondary education.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective for the 2016-2017 school year and later. new text end
Sec. 21.
Minnesota Statutes 2015 Supplement, section 136F.302, subdivision 1, is amended to read:
Subdivision 1.
ACT new text begin or SAT new text end college ready score.
new text begin (a)new text end A state college or university deleted text begin maydeleted text end new text begin must new text end not require an individual to take a remedial, noncredit course in a subject area if the individual has received a college ready ACT new text begin or SAT new text end score in that subject area.
new text begin (b) When deciding if an individual is admitted to or if an individual may enroll in a state college or university, the state college or university must consider the individual's scores on the high school Minnesota Comprehensive Assessments, in addition to other factors determined relevant by the college or university. new text end
Sec. 22.
Minnesota Statutes 2014, section 245.92, is amended to read:
245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS; FUNCTION.
The ombudsman for persons receiving services or treatment for mental illness, developmental disabilities, chemical dependency, or emotional disturbance shall promote the highest attainable standards of treatment, competence, efficiency, and justice. The ombudsman may gather information and data about decisions, acts, and other matters of an agency, facility, or programnew text begin , and shall monitor the treatment of individuals participating in a University of Minnesota Department of Psychiatry clinical drug trialnew text end . The ombudsman is appointed by the governor, serves in the unclassified service, and may be removed only for just cause. The ombudsman must be selected without regard to political affiliation and must be a person who has knowledge and experience concerning the treatment, needs, and rights of clients, and who is highly competent and qualified. No person may serve as ombudsman while holding another public office.
Sec. 23.
Minnesota Statutes 2014, section 245.94, is amended to read:
245.94 POWERS OF OMBUDSMAN; REVIEWS AND EVALUATIONS; RECOMMENDATIONS.
Subdivision 1.
Powers.
(a) The ombudsman may prescribe the methods by which complaints to the office are to be made, reviewed, and acted upon. The ombudsman may not levy a complaint fee.
(b) The ombudsman may mediate or advocate on behalf of a client.
(c) The ombudsman may investigate the quality of services provided to clients and determine the extent to which quality assurance mechanisms within state and county government work to promote the health, safety, and welfare of clients, other than clients in acute care facilities who are receiving services not paid for by public funds. The ombudsman is a health oversight agency as defined in Code of Federal Regulations, title 45, section 164.501.
(d) At the request of a client, or upon receiving a complaint or other information affording reasonable grounds to believe that the rights of a client who is not capable of requesting assistance have been adversely affected, the ombudsman may gather information and data about and analyze, on behalf of the client, the actions of an agency, facility, or program.
(e) The ombudsman may gather, on behalf of a client, records of an agency, facility, or programnew text begin , or records related to clinical drug trials from the University of Minnesota Department of Psychiatry,new text end if the records relate to a matter that is within the scope of the ombudsman's authority. If the records are private and the client is capable of providing consent, the ombudsman shall first obtain the client's consent. The ombudsman is not required to obtain consent for access to private data on clients with developmental disabilities. The ombudsman is not required to obtain consent for access to private data on decedents who were receiving services for mental illness, developmental disabilities, or emotional disturbance. All data collected, created, received, or maintained by the ombudsman are governed by chapter 13 and other applicable law.
(f) Notwithstanding any law to the contrary, the ombudsman may subpoena a person to appear, give testimony, or produce documents or other evidence that the ombudsman considers relevant to a matter under inquiry. The ombudsman may petition the appropriate court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part of an investigation possesses the same privileges that a witness possesses in the courts or under the law of this state. Data obtained from a person under this paragraph are private data as defined in section 13.02, subdivision 12.
(g) The ombudsman may, at reasonable times in the course of conducting a review, enter and view premises within the control of an agency, facility, or program.
(h) The ombudsman may attend Department of Human Services Review Board and Special Review Board proceedings; proceedings regarding the transfer of patients or residents, as defined in section 246.50, subdivisions 4 and 4a, between institutions operated by the Department of Human Services; and, subject to the consent of the affected client, other proceedings affecting the rights of clients. The ombudsman is not required to obtain consent to attend meetings or proceedings and have access to private data on clients with developmental disabilities.
(i) The ombudsman shall gather data of agencies, facilities, or programs classified as private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding services provided to clients with developmental disabilities.
(j) To avoid duplication and preserve evidence, the ombudsman shall inform relevant licensing or regulatory officials before undertaking a review of an action of the facility or program.
(k)new text begin The ombudsman shall monitor the treatment of individuals participating in a University of Minnesota Department of Psychiatry clinical drug trial and ensure that all protections for human subjects required by federal law and the Institutional Review Board are provided.new text end
new text begin (l)new text end Sections 245.91 to 245.97 are in addition to other provisions of law under which any other remedy or right is provided.
Subd. 2.
Matters appropriate for review.
(a) In selecting matters for review by the office, the ombudsman shall give particular attention to unusual deaths or injuries of a client or reports of emergency use of manual restraint as identified in section 245D.061, served by an agency, facility, or program, or actions of an agency, facility, or program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of an agency, facility, or program;
(3) may be mistaken in law or arbitrary in the ascertainment of facts;
(4) may be unclear or inadequately explained, when reasons should have been revealed;
(5) may result in abuse or neglect of a person receiving treatment;
(6) may disregard the rights of a client or other individual served by an agency or facility;
(7) may impede or promote independence, community integration, and productivity for clients; or
(8) may impede or improve the monitoring or evaluation of services provided to clients.
(b) The ombudsman shall, in selecting matters for review and in the course of the review, avoid duplicating other investigations or regulatory efforts.
new text begin (c) The ombudsman shall give particular attention to the death or unusual injury of any individual who is participating in a University of Minnesota Department of Psychiatry clinical drug trial. new text end
Subd. 2a.
Mandatory reporting.
Within 24 hours after a client suffers death or serious injury, the agency, facility, deleted text begin ordeleted text end program directornew text begin , or lead investigator of a clinical drug trial at the University of Minnesota Department of Psychiatrynew text end shall notify the ombudsman of the death or serious injury. The emergency use of manual restraint must be reported to the ombudsman as required under section 245D.061, subdivision 8. The ombudsman is authorized to receive identifying information about a deceased client according to Code of Federal Regulations, title 42, section 2.15, paragraph (b).
Subd. 3.
Complaints.
new text begin (a) new text end The ombudsman may receive a complaint from any source concerning an action of an agency, facility, or program. After completing a review, the ombudsman shall inform the complainant and the agency, facility, or program. No client may be punished nor may the general condition of the client's treatment be unfavorably altered as a result of an investigation, a complaint by the client, or by another person on the client's behalf. An agency, facility, or program shall not retaliate or take adverse action against a client or other person, who in good faith makes a complaint or assists in an investigation. The ombudsman may classify as confidential, the identity of a complainant, upon request of the complainant.
new text begin (b) The ombudsman shall receive a complaint from any source concerning an action or inaction of the University of Minnesota Department of Psychiatry related to an individual who is enrolled in a department-approved clinical drug trial. No individual participating in the trial may be punished, nor may the general condition of the individual's treatment be unfavorably altered, as a result of an investigation or a complaint by the individual or the individual's advocate. The university shall not retaliate or take adverse action against any person who in good faith makes a complaint or assists in an investigation. The ombudsman may classify the identity of the complainant as confidential, upon request of the complainant. new text end
Subd. 4.
Recommendations to agency.
(a) If, after reviewing a complaint or conducting an investigation and considering the response of an agency, facility, or program and any other pertinent material, the ombudsman determines that the complaint has merit or the investigation reveals a problem, the ombudsman may recommend that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy;
(4) explain more fully the action in question; or
(5) take other action.
(b) At the ombudsman's request, the agency, facility, or program shall, within a reasonable time, inform the ombudsman about the action taken on the recommendation or the reasons for not complying with it.
new text begin Subd. 5. new text end
new text begin Recommendations to University of Minnesota. new text end
new text begin If, after reviewing a complaint or conducting an investigation and considering the response of the clinical drug trial's primary investigator or the Department of Psychiatry, the ombudsman determines that the complaint has merit or the investigation reveals noncompliance with the federal protection of human subjects requirements or the requirements of the Institutional Review Board, the ombudsman shall recommend that the Board of Regents of the University of Minnesota take corrective action to remedy the violations. new text end
Sec. 24.
Minnesota Statutes 2014, section 245.95, subdivision 1, is amended to read:
Subdivision 1.
Specific reports.
The ombudsman may send conclusions and suggestions concerning any matter reviewed to the governor. Before making public a conclusion or recommendation that expressly or implicitly criticizes an agency, facility, program, or any person, the ombudsman shall consult with the governor and the agency, facility, program, or person concerning the conclusion or recommendation. When sending a conclusion or recommendation to the governor that is adverse to an agency, facility, program, or any person, the ombudsman shall include any statement of reasonable length made by that agency, facility, program, or person in defense or mitigation of the office's conclusion or recommendation.new text begin For purposes of this subdivision, "agency, facility, program, or any person" includes the University of Minnesota Department of Psychiatry and its employees working in clinical drug trials.new text end
Sec. 25.
Minnesota Statutes 2014, section 245.97, subdivision 5, is amended to read:
Subd. 5.
Medical Review Subcommittee.
At least five members of the committee, including at least three physicians, one of whom is a psychiatrist, must be designated by the governor to serve as a Medical Review Subcommittee. Terms of service, vacancies, and compensation are governed by subdivision 2. The governor shall designate one of the members to serve as chair of the subcommittee. The Medical Review Subcommittee may have access to private and confidential data collected or created by the ombudsman that are necessary to fulfill the duties of the Medical Review Subcommittee under this section and may:
(1) make a preliminary determination of whether the death of a client that has been brought to its attention is unusual or reasonably appears to have resulted from causes other than natural causes and warrants investigation;
(2) review the causes of and circumstances surrounding the death;
(3) request the county coroner or medical examiner to conduct an autopsy;
(4) assist an agency in its investigations of unusual deaths and deaths from causes other than natural causes; deleted text begin anddeleted text end
(5)new text begin make a preliminary determination of whether the death of a participant in a clinical drug trial conducted by the University of Minnesota Department of Psychiatry appears to have resulted from causes other than natural causes and warrants investigation and reporting as required by federal laws on the protection of human subjects; andnew text end
new text begin (6)new text end submit a report regarding the death of a client to the committee, the ombudsman, the client's next-of-kin, and the facility where the death occurred and, where appropriate, make recommendations to prevent recurrence of similar deaths to the head of each affected agency or facilitynew text begin , or the Board of Regents of the University of Minnesotanew text end .
Sec. 26.
Laws 2015, chapter 69, article 3, section 20, subdivision 15, is amended to read:
Subd. 15.
Reporting.
(a) A college must report to the commissioner the following information:
(1) the number of grantees and their race, gender, and ethnicity;
(2) grantee persistence and completion;
(3) employment outcomes; and
(4) other information requested by the commissioner.
(b) The commissioner shall report deleted text begin annuallydeleted text end by January 15, new text begin 2017, and January 15, 2018, new text end to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance by college and in aggregate on the information submitted to the commissioner under paragraph (a). The commissioner may include in the report recommendations for changes in the grant program.
Sec. 27.
Laws 2015, chapter 69, article 3, section 24, subdivision 1, is amended to read:
Subdivision 1.
Pilot program created.
The commissioner of the Office of Higher Education shall make a grant to a nonprofit qualified debt counseling organization to provide individual student loan debt repayment counseling to borrowers who are Minnesota residents concerning loans obtained to attend a Minnesota postsecondary institution. deleted text begin The counseling shall be provided to borrowers who are 30 to 60 days delinquent when they are referred to or otherwise identified by the organization as candidates for counseling. deleted text end The number of individuals receiving counseling may be limited to those capable of being served with available appropriations for that purpose. A goal of the counseling program is to provide two counseling sessions to at least 75 percent of borrowers receiving counseling.
The purpose of the counseling is to assist borrowers to:
(1) understand their loan and repayment options;
(2) manage loan repayment; and
(3) develop a workable budget based on the borrower's full financial situation regarding income, expenses, and other debt.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment and is retroactive to July 1, 2015. new text end
Sec. 28.
new text begin STATE GRANT TUITION CAPS. new text end
new text begin For the purposes of the state grant program under Minnesota Statutes, section 136A.121, for the fiscal year ending June 30, 2017, the tuition maximum is $5,736 for students in two-year programs and the tuition maximum is $14,186 for students in four-year programs. new text end
Sec. 29.
new text begin MNSCU PROGRAM FOR STUDENTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES; PLAN REQUIRED. new text end
new text begin Subdivision 1. new text end
new text begin Development of plan required. new text end
new text begin The Board of Trustees of the Minnesota State Colleges and Universities must develop a plan for offering an academic program for students with intellectual and developmental disabilities, consistent with the principles established in subdivisions 2 to 4. new text end
new text begin Subd. 2. new text end
new text begin Program locations. new text end
new text begin The plan developed must assume the program will be offered at up to four college or university campuses chosen based on (1) their ability to offer a robust program using existing facilities and resources and (2) a goal to provide the program in diverse geographic regions of the state. new text end
new text begin Subd. 3. new text end
new text begin Enrollment and admission. new text end
new text begin The plan developed must assume an enrollment goal for each campus's program of at least ten incoming students per academic year. The plan may allow for students to be admitted based on an application process that includes an in-person interview; an independent assessment of an applicant's interest, motivation, and likelihood of success in the program; and any other eligibility requirements established by the board. Upon successful completion, a student must be awarded a certificate, diploma, or other appropriate academic credential. new text end
new text begin Subd. 4. new text end
new text begin Curriculum and activities. new text end
new text begin (a) The plan developed must assume a program that provides an inclusive, two-year full-time residential college experience for students with intellectual and developmental disabilities. The required curriculum must include core courses that develop life skills, financial literacy, and the ability to live independently; rigorous academic work in a student's chosen field of study; and an internship, apprenticeship, or other skills-based experience to prepare for meaningful employment upon completion of the program. new text end
new text begin (b) In addition to academic requirements, the plan developed must allow participating students the opportunity to engage fully in campus life. Program activities must include but are not limited to (1) the establishment of on-campus mentoring and peer support communities and (2) opportunities for personal growth through leadership development and other community engagement activities. new text end
new text begin (c) A participating campus may tailor its program curriculum and activities to highlight academic programs, student and community life experiences, and employment opportunities unique to that campus or the region of the state where the campus is located. new text end
new text begin Subd. 5. new text end
new text begin Report to legislature. new text end
new text begin The board must submit a report on the plan required to be developed by this section to the chairs and ranking minority members of the committees of the legislature with jurisdiction over higher education finance and policy and human services finance and policy no later than January 15, 2017. The report must describe program plans, including strategies for recruitment of applicants, and strategies to address anticipated program needs that cannot be filled using existing campus or system resources. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 30.
new text begin UNIVERSITY OF MINNESOTA AND MNSCU BUDGET ALLOCATION REPORTS. new text end
new text begin (a) The Board of Regents of the University of Minnesota shall report by February 1, 2017, to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education finance on the factors it considers when allocating funds to system campuses. The report must specifically, without limitation, address the following questions: new text end
new text begin (1) what circumstances would lead the university to adopt an alternate budget model to the Resource Responsibility Center (RRC) model for a system campus; new text end
new text begin (2) what were the rationale and factors considered for the initial base budget allocation to system campuses when the RRC was first established; and new text end
new text begin (3) what factors would lead the university to consider adjusting the initial base allocation model. new text end
new text begin (b) The Board of Trustees of the Minnesota State Colleges and Universities shall report by February 1, 2017, to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education finance on the factors it considers when allocating state funds to colleges and universities. The report must specifically, without limitations, address the following areas: new text end
new text begin (1) the design and methodology for the allocation of state funds to the colleges and universities; and new text end
new text begin (2) the factors considered in the allocation process. new text end
Sec. 31.
new text begin EQUITY IN EDUCATION AND JOB CONNECTION GRANT PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Grants. new text end
new text begin (a) The commissioner of the Office of Higher Education shall award grants to improve postsecondary attendance, completion, and retention and the obtaining of well-paying jobs for which the postsecondary education provides training by providing services to historically underrepresented college students. Grants must be awarded to Minnesota state colleges and universities and private organization programs that help the state reach the attainment goals under Minnesota Statutes, section 135A.012. Programs must provide services targeted to make the improvements including, but not limited to: new text end
new text begin (1) academic and nonacademic counseling or advising; new text end
new text begin (2) mentoring in education and career opportunities; new text end
new text begin (3) structured tutoring; new text end
new text begin (4) career awareness and exploration including internships and post graduation job placements; new text end
new text begin (5) orientation to college life; new text end
new text begin (6) financial aid counseling; new text end
new text begin (7) academic instruction programs in core curricular areas of mathematics and language arts; new text end
new text begin (8) supplemental instruction programs for college courses with high failure and withdrawal rates; and new text end
new text begin (9) co-requisite college course models for delivery of academic support. new text end
new text begin (b) The office shall structure the grants for sustainability of programs funded by a grant. new text end
new text begin (c) To the extent there are sufficient qualified applicants, approximately 50 percent of grant dollars must be awarded to private organization programs. new text end
new text begin (d) A grant must not be made to a private organization that is a postsecondary institution. new text end
new text begin Subd. 2. new text end
new text begin Application process. new text end
new text begin (a) The commissioner shall develop a grant application process. The commissioner shall attempt to support projects in a manner that ensures that eligible students throughout the state have access to program services. new text end
new text begin (b) The grant application must include, at a minimum, the following information: new text end
new text begin (1) a description of the characteristics of the students to be served reflective of the need for services listed in subdivision 1; new text end
new text begin (2) a description of the services to be provided and a timeline for implementation of the service activities; new text end
new text begin (3) a description of how the services provided will foster postsecondary retention and completion; new text end
new text begin (4) a description of how the services will be evaluated to determine whether the program goals were met; new text end
new text begin (5) the history of the applicant in achieving successful improvements using the services for which a grant is sought; new text end
new text begin (6) the assumed cost per student of achieving successful outcomes; new text end
new text begin (7) the effect of the grant on assisting students to obtain well-paying jobs; new text end
new text begin (8) the proposed grant match; new text end
new text begin (9) the organizational commitment to program sustainability; and new text end
new text begin (10) other information as identified by the commissioner. new text end
new text begin Grant recipients must specify both program and student outcome goals, and performance measures for each goal. new text end
new text begin Subd. 3. new text end
new text begin Advisory committee. new text end
new text begin The commissioner may establish and convene an advisory committee to assist the commissioner in reviewing applications and advise the commissioner on grantees and grant amounts. The members of the committee may include representatives of postsecondary institutions, organizations providing postsecondary academic and career services, and others deemed appropriate by the commissioner. new text end
new text begin Subd. 4. new text end
new text begin Outcome report. new text end
new text begin Each grant recipient must annually submit a report to the Office of Higher Education identifying its program and student goals and activities implemented. A report must include, but not be limited to, information on: new text end
new text begin (1) number of students served; new text end
new text begin (2) course taking and grade point average of participating students; new text end
new text begin (3) persistence and retention rates of participating students; new text end
new text begin (4) postsecondary graduation rates of participating students; new text end
new text begin (5) the number of students who required postsecondary academic remediation and number of remedial courses for each of those students and in the aggregate; and new text end
new text begin (6) jobs and wage rates of students after postsecondary graduation. new text end
new text begin To the extent possible, the report must breakdown outcomes by Pell grant qualification, race, and ethnicity. new text end
new text begin Subd. 5. new text end
new text begin Legislative report. new text end
new text begin By January 15 of each year through 2021, the office shall submit a report to the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over higher education finance regarding the grant recipients and their activities. The report shall include information about the students served, the organizations providing services, program activities, program goals and outcomes, and program revenue sources and funding levels. new text end
ARTICLE 2
AGRICULTURE
Section 1.new text begin APPROPRIATIONS.new text end |
new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations in Laws 2015, First Special Session chapter 4, or appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal year indicated for each purpose. The figures "2016" and "2017" used in this article mean that the addition to the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. Appropriations for fiscal year 2016 are effective the day following final enactment. new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2016 new text end | new text begin 2017 new text end | |||||
Sec. 2.new text begin DEPARTMENT OF AGRICULTURE new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 4,433,000 new text end | ||
new text begin $250,000 the second year is for the tractor rollover protection pilot program under Minnesota Statutes, section 17.119. This is a onetime appropriation. new text end
new text begin $250,000 the second year is to administer the industrial hemp pilot program under Minnesota Statutes, section 18K.09. This is a onetime appropriation. new text end
new text begin $1,000,000 the second year is for grants to the Board of Regents of the University of Minnesota to fund the Forever Green Agriculture Initiative and to protect the state's natural resources while increasing the efficiency, profitability, and productivity of Minnesota farmers by incorporating perennial and winter annual crops into existing agricultural practices. This is a onetime appropriation and is available until June 30, 2019. The appropriation in Laws 2015, First Special Session chapter 2, article 2, section 3, paragraph (i), is available until June 30, 2018. new text end
new text begin $600,000 the second year is for a grant to the Board of Regents of the University of Minnesota to develop, in consultation with the commissioner of agriculture and the Board of Animal Health, a software tool or application through the Veterinary Diagnostic Laboratory that empowers veterinarians and producers to understand the movement of unique pathogen strains in livestock and poultry production systems, monitor antibiotic resistance, and implement effective biosecurity measures that promote animal health and limit production losses. The base for fiscal year 2020 is $0. new text end
new text begin In addition to the amounts appropriated in Laws 2015, First Special Session chapter 4, article 1, section 2, subdivision 4: new text end
new text begin (1) $450,000 the second year is appropriated for transfer to the Board of Regents of the University of Minnesota for the cultivated wild rice breeding project at the North Central Research and Outreach Center to include a tenure track/research associate plant breeder; and new text end
new text begin (2) $350,000 the second year is appropriated for transfer to the Board of Regents of the University of Minnesota for potato breeding. new text end
new text begin $283,000 the second year is for a grant to the Board of Regents of the University of Minnesota to maintain and increase animal disease testing capacity through the purchase of Veterinary Diagnostic Laboratory equipment. This is a onetime appropriation. new text end
new text begin $250,000 the second year is appropriated for transfer to the good food access account created under Minnesota Statutes, section 17.1017, subdivision 3. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin $1,000,000 the second year is appropriated for transfer to the agricultural emergency account in the agricultural fund. This is a onetime transfer. new text end
Sec. 3.
new text begin [17.041] AGRICULTURAL EMERGENCY ACCOUNT; APPROPRIATION. new text end
new text begin Subdivision 1. new text end
new text begin Establishment; appropriation. new text end
new text begin An agricultural emergency account is established in the agricultural fund. Money in the account, including interest, is appropriated to the commissioner for emergency response and preparedness activities for agricultural emergencies affecting producers of livestock, poultry, crops, or other agricultural products. Eligible uses include, but are not limited to, purchasing necessary equipment and reimbursing costs incurred by local units of government that are not eligible for reimbursement from other sources. new text end
new text begin Subd. 2. new text end
new text begin Transfer authorized. new text end
new text begin The commissioner may transfer money in the account to the Board of Animal Health, other state agencies, or the University of Minnesota for purposes of subdivision 1. new text end
new text begin Subd. 3. new text end
new text begin Annual report. new text end
new text begin No later than February 1 each year, the commissioner must report activities and expenditures under this section to the legislative committees and divisions with jurisdiction over agriculture finance. new text end
Sec. 4.
new text begin [17.1017] GOOD FOOD ACCESS PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin (a) For purposes of this section, unless the language or context indicates that a different meaning is intended, the following terms have the meanings given them. new text end
new text begin (b) "Account" means the good food access account established in subdivision 3. new text end
new text begin (c) "Commissioner" means the commissioner of agriculture. new text end
new text begin (d) "Economic or community development financial institution (ECDFI)" means a lender, including but not limited to a community development financial institution (CDFI), an economic development district (EDD), a political subdivision of the state, a microenterprise firm, or a nonprofit community lending organization that has previous experience lending to a food retailer, producer, or another healthy food enterprise in an underserved community in a low-income or moderate-income area, as defined in this section; has been in existence and operating prior to January 1, 2014; has demonstrated the ability to raise matching capital and in-kind services to leverage appropriated money; has the demonstrated ability to underwrite loans and grants; and has partnered previously with nonprofit healthy food access, public health, or related governmental departments or community organizations. new text end
new text begin (e) "Farmers' market" means an association of three or more persons who assemble at a defined location that is open to the public for the purpose of selling directly to the consumer the products of a farm or garden occupied and cultivated by the person selling the product. new text end
new text begin (f) "Financing" means loans, including low-interest loans, zero-interest loans, forgivable loans, and other types of financial assistance other than grants. new text end
new text begin (g) "Food hub" means a centrally located facility with a business management structure that facilitates the aggregation, storage, processing, distribution, marketing, and sale of locally or regionally produced food products, and which may include a small-scale retail grocery operation. new text end
new text begin (h) "Good Food Access Program Advisory Committee" means the Good Food Access Program Advisory Committee under section 17.1018. new text end
new text begin (i) "Grocery store" means a for-profit, not-for-profit, or cooperative self-service retail establishment that sells primarily meat, fish, seafood, fruits, vegetables, dry groceries, and dairy products and may also sell household products, sundries, and other products. Grocery store includes a supermarket or a large-, mid-, or small-scale retail grocery establishment and may include a mobile food market or a delivery service operation. new text end
new text begin (j) "Low-income area" means a census tract as reported in the most recently completed decennial census published by the United States Bureau of the Census that has a poverty rate of at least 20 percent or in which the median family income does not exceed 80 percent of the greater of the statewide or metropolitan median family income. new text end
new text begin (k) "Moderate-income area" means a census tract as reported in the most recently completed decennial census published by the United States Bureau of the Census in which the median family income is between 81 percent and 95 percent of the median family income for that area. new text end
new text begin (l) "Mobile food market" means a self-contained for-profit, not-for-profit, or cooperative retail grocery operation located in a movable new or renovated truck, bus, or other vehicle that is used to store, prepare, display, and sell primarily meat, fish, seafood, fruits, vegetables, dry groceries, and dairy products and may also be used to sell a nominal supply of cooking utensils and equipment and other household products and sundries. new text end
new text begin (m) "Program" means the good food access program established in this section. new text end
new text begin (n) "Small food retailer" means a small-scale retail food outlet, other than a grocery store as defined in this section. Small food retailer includes, but is not limited to, a corner store, convenience store, farmers' market, mobile food market, and a retail food outlet operated by an emergency food program or food hub. new text end
new text begin (o) "Technical assistance" means needs-based project assistance provided through the program, including sustainability-focused individualized guidance, presentations, workshops, trainings, printed materials, mentorship opportunities, peer-to-peer opportunities, or other guidance and resources on relevant topics such as business planning, sales projections, cash flow, succession planning, financing, fund-raising, marketing, food preparation demonstrations, and workforce training. new text end
new text begin (p) "Underserved community" means a census tract that is federally designated as a food desert by the United States Department of Agriculture, or a census tract in a low-income or moderate-income area that includes a substantial subpopulation such as the elderly or the disabled that has low supermarket access, regardless of distance, due to lack of transportation. new text end
new text begin Subd. 2. new text end
new text begin Program established. new text end
new text begin (a) A good food access program is established within the Department of Agriculture to increase the availability of and access to affordable, nutritious, and culturally appropriate food, including fresh fruits and vegetables, for underserved communities in low-income and moderate-income areas by providing financial support and sustainable public-private projects to open, renovate, or expand the operations of grocery stores and small food retailers; expanding access to credit and reducing barriers to investment in underserved communities in low- and moderate-income areas; and to provide technical assistance, primarily for small food retailers with demonstrated need, to increase availability and sustainable sales of affordable, nutritious, and culturally appropriate food, including fresh fruits and vegetables, to underserved communities in low-income and moderate-income areas. The commissioner, in cooperation with public and private partners, shall establish and implement the program as provided in this section. new text end
new text begin (b) The good food access program shall be comprised of state or private grants, loans, or other types of financial and technical assistance for the establishment, construction, expansion of operations, or renovation of grocery stores and small food retailers to increase the availability of and access to affordable fresh produce and other nutritious, culturally appropriate food to underserved communities in low-income and moderate-income areas. new text end
new text begin Subd. 3. new text end
new text begin Good food access account. new text end
new text begin A good food access account is established in the agricultural fund. The account consists of money appropriated by the legislature to the commissioner, as provided by law, and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account, including interest, is appropriated to the commissioner for the purposes of this section, and shall be used, to the extent practicable, to leverage other forms of public and private financing or financial assistance for the projects. new text end
new text begin Subd. 4. new text end
new text begin Program administration. new text end
new text begin (a) The commissioner shall be the administrator of the account for auditing purposes and shall establish program requirements and a competitive process for projects applying for financial and technical assistance. new text end
new text begin (b) The commissioner may receive money or other assets from any source, including but not limited to philanthropic foundations and financial investors, for deposit into the account. new text end
new text begin (c) Through issuance of requests for proposals, the commissioner may contract with one or more qualified economic or community development financial institutions to manage the financing component of the program and with one or more qualified organizations or public agencies with financial or other program-related expertise to manage the provision of technical assistance to project grantees. new text end
new text begin (d) Money in the account at the close of each fiscal year shall remain in the account and shall not cancel. In each biennium, the commissioner shall determine the appropriate proportion of money to be allocated to loans, grants, technical assistance, and any other types of financial assistance. new text end
new text begin (e) To encourage public-private, cross-sector collaboration and investment in the account and program and to ensure that the program intent is maintained throughout implementation, the commissioner shall convene and maintain the Good Food Access Program Advisory Committee. new text end
new text begin (f) The commissioner, in cooperation with the Good Food Access Program Advisory Committee, shall manage the program, establish program criteria, facilitate leveraging of additional public and private investment, and promote the program statewide. new text end
new text begin (g) The commissioner, in cooperation with the Good Food Access Program Advisory Committee, shall establish annual monitoring and accountability mechanisms for all projects receiving financing or other financial or technical assistance through this program. new text end
new text begin Subd. 5. new text end
new text begin Eligible projects. new text end
new text begin (a) The commissioner, in cooperation with the program partners and advisors, shall establish project eligibility guidelines and application processes to be used to review and select project applicants for financing or other financial or technical assistance. All projects must be located in an underserved community or must serve primarily underserved communities in low-income and moderate-income areas. new text end
new text begin (b) Projects eligible for financing include, but are not limited to, new construction, renovations, expansions of operations, and infrastructure upgrades of grocery stores and small food retailers to improve the availability of and access to affordable, nutritious food, including fresh fruits and vegetables, and build capacity in areas of greatest need. new text end
new text begin (c) Projects eligible for other types of financial assistance such as grants or technical assistance are primarily projects throughout the state, including, but not limited to, feasibility studies, new construction, renovations, expansion of operations, and infrastructure upgrades of small food retailers. new text end
new text begin Subd. 6. new text end
new text begin Qualifications for receipt of financing and other financial or technical assistance. new text end
new text begin (a) An applicant for receipt of financing through an economic or community development financial institution, or an applicant for a grant or other financial or technical assistance, may be a for-profit or not-for-profit entity, including, but not limited to, a sole proprietorship, limited liability company, corporation, cooperative, nonprofit organization, or nonprofit community development organization. Each applicant must: new text end
new text begin (1) demonstrate community engagement in and support for the project; new text end
new text begin (2) demonstrate the capacity to successfully implement the project; new text end
new text begin (3) demonstrate a viable plan for long-term sustainability, including the ability to increase the availability of and access to affordable, nutritious, and culturally appropriate food, including fresh fruits and vegetables, for underserved communities in low-income and moderate-income areas; and new text end
new text begin (4) demonstrate the ability to repay the debt, to the extent that the financing requires repayment. new text end
new text begin (b) Each applicant must also agree to comply with the following conditions for a period of at least five years, except as otherwise specified in this section: new text end
new text begin (1) accept Supplemental Nutrition Assistance Program (SNAP) benefits; new text end
new text begin (2) apply to accept Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits and, if approved, accept WIC benefits; new text end
new text begin (3) allocate at least 30 percent of retail space for the sale of affordable, nutritious, and culturally appropriate foods, including fruits and vegetables, low-fat and nonfat dairy, fortified dairy substitute beverages such as soy-based or nut-based dairy substitute beverages, whole grain-rich staple foods, meats, poultry, fish, seafood, and other proteins, consistent with nutrition standards in national guidelines described in the current United States Department of Agriculture Dietary Guidelines for Americans; new text end
new text begin (4) comply with all data collection and reporting requirements established by the commissioner; and new text end
new text begin (5) promote the hiring, training, and retention of local or regional residents from low-income and moderate-income areas that reflect area demographics, including communities of color. new text end
new text begin (c) A selected project that is a small food retailer is not subject to the allocation agreement under paragraph (b), clause (3), and may use financing, grants, or other financial or technical assistance for refrigeration, displays, or onetime capital expenditures for the promotion and sale of perishable foods, including a combination of affordable, nutritious, and culturally appropriate fresh or frozen dairy, dairy substitute products, produce, meats, poultry, and fish, consistent with nutrition standards in national guidelines described in the current United States Department of Agriculture Dietary Guidelines for Americans. new text end
new text begin Subd. 7. new text end
new text begin Additional selection criteria. new text end
new text begin In determining which qualified projects to finance, and in determining which qualified projects to provide with grants or other types of financial or technical assistance, the commissioner, in cooperation with any entities with which the commissioner contracts for those purposes and the Good Food Access Program Advisory Committee, shall also consider: new text end
new text begin (1) the level of need in the area to be served; new text end
new text begin (2) the degree to which the project requires an investment of public support, or technical assistance where applicable, to move forward, build capacity, create community impact, or be competitive; new text end
new text begin (3) the likelihood that the project will have positive economic and health impacts on the underserved community, including creation and retention of jobs for local or regional residents from low-income and moderate-income areas that reflect area demographics, including communities of color; new text end
new text begin (4) the degree to which the project will participate in state and local health department initiatives to educate consumers on nutrition, promote healthy eating and healthy weight, and support locally grown food products through programs such as Minnesota Grown; and new text end
new text begin (5) any other criteria that the commissioner, in cooperation with public and private partners, determines to be consistent with the purposes of this chapter. new text end
new text begin Subd. 8. new text end
new text begin Eligible costs. new text end
new text begin Financing for project loans, including low-interest, zero-interest, and forgivable loans, grants, and other financial or technical assistance, may be used to support one or more of the following purposes: new text end
new text begin (1) site acquisition and preparation; new text end
new text begin (2) predevelopment costs, including but not limited to feasibility studies, market studies, and appraisals; new text end
new text begin (3) construction and build-out costs; new text end
new text begin (4) equipment and furnishings; new text end
new text begin (5) workforce or retailer training; and new text end
new text begin (6) working capital. new text end
new text begin Subd. 9. new text end
new text begin Legislative report. new text end
new text begin The commissioner, in cooperation with any economic or community development financial institution and any other entity with which it contracts, shall submit an annual report on the good food access program by January 15 of each year to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over agriculture policy and finance. The annual report shall include, but not be limited to, a summary of the following metrics: new text end
new text begin (1) the number and types of projects financed; new text end
new text begin (2) the amount of dollars leveraged or matched per project; new text end
new text begin (3) the geographic distribution of financed projects; new text end
new text begin (4) the number and types of technical assistance recipients; new text end
new text begin (5) any market or commodity expansion associated with increased access; new text end
new text begin (6) the demographics of the areas served; new text end
new text begin (7) the costs of the program; new text end
new text begin (8) the number of SNAP and WIC dollars spent; new text end
new text begin (9) any increase in retail square footage; new text end
new text begin (10) the number of loans or grants to minority-owned or female-owned businesses; and new text end
new text begin (11) measurable economic and health outcomes, including, but not limited to, increases in sales and consumption of locally sourced and other fresh fruits and vegetables, the number of construction and retail jobs retained or created, and any health initiatives associated with the program. new text end
Sec. 5.
new text begin [17.1018] GOOD FOOD ACCESS PROGRAM ADVISORY COMMITTEE. new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin As used in this section, the following terms have the meanings given them: new text end
new text begin (1) "program" means the good food access program under section 17.1017; and new text end
new text begin (2) "commissioner" means the commissioner of agriculture. new text end
new text begin Subd. 2. new text end
new text begin Creation. new text end
new text begin The Good Food Access Program Advisory Committee consists of the following members, appointed by the commissioner of agriculture, unless otherwise specified: new text end
new text begin (1) the commissioners of health, employment and economic development, and human services, or their respective designees; new text end
new text begin (2) one person representing the grocery industry; new text end
new text begin (3) two people representing economic or community development, one rural member and one urban or suburban member; new text end
new text begin (4) two people representing political subdivisions of the state; new text end
new text begin (5) one person designated by the Council for Minnesotans of African Heritage; new text end
new text begin (6) one person designated by the Minnesota Indian Affairs Council; new text end
new text begin (7) one person designated by the Council on Asian Pacific Minnesotans; new text end
new text begin (8) one person designated by the Chicano Latino Affairs Council; new text end
new text begin (9) one person designated by the Minnesota Farmers Union; new text end
new text begin (10) one person representing public health experts; new text end
new text begin (11) one person representing philanthropic foundations; new text end
new text begin (12) one person representing economic or community development financial institutions; new text end
new text begin (13) one person representing the University of Minnesota Regional Sustainable Development Partnerships; new text end
new text begin (14) two people representing organizations engaged in addressing food security, one representative from a statewide hunger relief organization and one from a community-based organization; new text end
new text begin (15) one person representing immigrant farmer-led organizations; new text end
new text begin (16) one person representing small business technical assistance with experience in food retail; and new text end
new text begin (17) up to four additional members with economic development, health equity, financial, or other relevant expertise. new text end
new text begin At least half of the members must reside in or their organizations must serve rural Minnesota. The commissioner may remove members and fill vacancies as provided in section 15.059, subdivision 4. new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin The advisory committee must advise the commissioner of agriculture on managing the program, establishing program criteria, establishing project eligibility guidelines, establishing application processes and additional selection criteria, establishing annual monitoring and accountability mechanisms, facilitating leveraging of additional public and private investments, and promoting the program statewide. new text end
new text begin Subd. 4. new text end
new text begin Meetings. new text end
new text begin The commissioner must convene the advisory committee at least two times per year to achieve the committee's duties. new text end
new text begin Subd. 5. new text end
new text begin Administrative support. new text end
new text begin The commissioner of agriculture must provide staffing, meeting space, and administrative services for the advisory committee. new text end
new text begin Subd. 6. new text end
new text begin Chair. new text end
new text begin The commissioner of agriculture or the commissioner's designee shall serve as chair of the committee. new text end
new text begin Subd. 7. new text end
new text begin Compensation. new text end
new text begin The public members of the advisory committee serve without compensation or payment of expenses. new text end
new text begin Subd. 8. new text end
new text begin Expiration. new text end
new text begin The advisory committee does not expire. new text end
Sec. 6.
Minnesota Statutes 2014, section 17.117, subdivision 4, is amended to read:
Subd. 4.
Definitions.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Agricultural and environmental revolving accounts" means accounts in the agricultural fund, controlled by the commissioner, which hold funds available to the program.
(c) "Agriculture supply business" means a person, partnership, joint venture, corporation, limited liability company, association, firm, public service company, or cooperative that provides materials, equipment, or services to farmers or agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant for implementation of best management practices through a competitive or noncompetitive application process.
(e) "Applicant" means a local unit of government eligible to participate in this program that requests an allocation of funds as provided in subdivision 6b.
(f) "Best management practices" has the meaning given in sections 103F.711, subdivision 3, and 103H.151, subdivision 2deleted text begin , ordeleted text end new text begin . Best management practices also meansnew text end other practices, techniques, and measures that have been demonstrated to the satisfaction of the commissionernew text begin : (1)new text end to prevent or reduce adverse environmental impacts by using the most effective and practicable means of achieving environmental goalsnew text begin ; or (2) to achieve drinking water quality standards under chapter 103H or under Code of Federal Regulations, title 40, parts 141 and 143, as amendednew text end .
(g) "Borrower" means a farmer, an agriculture supply business, or a rural landowner applying for a low-interest loan.
(h) "Commissioner" means the commissioner of agriculture, including when the commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee of the commissioner.
(i) "Committed project" means an eligible project scheduled to be implemented at a future date:
(1) that has been approved and certified by the local government unit; and
(2) for which a local lender has obligated itself to offer a loan.
(j) "Comprehensive water management plan" means a state approved and locally adopted plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
(k) "Cost incurred" means expenses for implementation of a project accrued because the borrower has agreed to purchase equipment or is obligated to pay for services or materials already provided as a result of implementing an approved eligible project.
(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability company, association, firm, public service company, or cooperative that regularly participates in physical labor or operations management of farming and files a Schedule F as part of filing United States Internal Revenue Service Form 1040 or indicates farming as the primary business activity under Schedule C, K, or S, or any other applicable report to the United States Internal Revenue Service.
(m) "Lender agreement" means an agreement entered into between the commissioner and a local lender which contains terms and conditions of participation in the program.
(n) "Local government unit" means a county, soil and water conservation district, or an organization formed for the joint exercise of powers under section 471.59 with the authority to participate in the program.
(o) "Local lender" means a local government unit as defined in paragraph (n), a state or federally chartered bank, a savings association, a state or federal credit union, Agribank and its affiliated organizations, or a nonprofit economic development organization or other financial lending institution approved by the commissioner.
(p) "Local revolving loan account" means the account held by a local government unit and a local lender into which principal repayments from borrowers are deposited and new loans are issued in accordance with the requirements of the program and lender agreements.
(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.
(r) "Program" means the agriculture best management practices loan program in this section.
(s) "Project" means one or more components or activities located within Minnesota that are required by the local government unit to be implemented for satisfactory completion of an eligible best management practice.
(t) "Rural landowner" means the owner of record of Minnesota real estate located in an area determined by the local government unit to be rural after consideration of local land use patterns, zoning regulations, jurisdictional boundaries, local community definitions, historical uses, and other pertinent local factors.
(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d), except as expressly limited in this section.
Sec. 7.
Minnesota Statutes 2014, section 17.117, subdivision 11a, is amended to read:
Subd. 11a.
Eligible projects.
new text begin (a) new text end All projects that remediate or mitigate adverse environmental impacts are eligible ifdeleted text begin :deleted text end
deleted text begin (1)deleted text end the project is eligible under deleted text begin thedeleted text end new text begin annew text end allocation agreement deleted text begin and funding sources designated by the local government unit to finance the project; anddeleted text end new text begin .new text end
deleted text begin (2)deleted text end new text begin (b) Anew text end manure management deleted text begin projects remediatedeleted text end new text begin project is eligible if the project remediatesnew text end or deleted text begin mitigatedeleted text end new text begin mitigatesnew text end impacts from facilities with less than 1,000 animal units as defined in Minnesota Rules, chapter 7020new text begin , and otherwise meets the requirements of this sectionnew text end .
new text begin (c) A drinking water project is eligible if the project: new text end
new text begin (1) remediates the adverse environmental impacts or presence of contaminants in private well water; new text end
new text begin (2) implements best management practices to achieve drinking water standards; and new text end
new text begin (3) otherwise meets the requirements of this section. new text end
Sec. 8.
new text begin [17.119] TRACTOR ROLLOVER PROTECTION PILOT GRANT PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Grants; eligibility. new text end
new text begin (a) The commissioner must award cost-share grants to Minnesota farmers who retrofit eligible tractors and Minnesota schools that retrofit eligible tractors with eligible rollover protective structures. Grants are limited to 70 percent of the farmer's or school's documented cost to purchase, ship, and install an eligible rollover protective structure. The commissioner must increase the grant award amount over the 70 percent grant limitation requirement if necessary to limit a farmer's or school's cost per tractor to no more than $500. new text end
new text begin (b) A rollover protective structure is eligible if it meets or exceeds SAE International standard J2194. new text end
new text begin (c) A tractor is eligible if the tractor was built before 1987. new text end
new text begin Subd. 2. new text end
new text begin Promotion; administration. new text end
new text begin The commissioner may spend up to 20 percent of total program dollars each fiscal year to promote and administer the program to Minnesota farmers and schools. new text end
new text begin Subd. 3. new text end
new text begin Nonstate sources; appropriation. new text end
new text begin The commissioner must accept contributions from nonstate sources to supplement state appropriations for this program. Contributions received under this subdivision are appropriated to the commissioner for purposes of this section. new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin This section expires on June 30, 2019. new text end
Sec. 9.
Minnesota Statutes 2014, section 18B.26, subdivision 3, is amended to read:
Subd. 3.
Registration application and gross sales fee.
(a) For an agricultural pesticide, a registrant shall pay an annual registration application fee for each agricultural pesticide of $350. The fee is due by December 31 preceding the year for which the application for registration is made. The fee is nonrefundable.
(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual registration application fee for each nonagricultural pesticide of $350. The fee is due by December 31 preceding the year for which the application for registration is made. The fee is nonrefundable. deleted text begin Thedeleted text end new text begin If the registrant's annual gross sales of the nonagricultural pesticide exceeded $70,000 in the previous calendar year, thenew text end registrant deleted text begin of a nonagricultural pesticidedeleted text end shall pay, in addition to the $350 minimum fee, a fee deleted text begin ofdeleted text end new text begin equal tonew text end 0.5 percent of new text begin that portion of the new text end annual gross sales deleted text begin of thedeleted text end new text begin over $70,000. For purposes of this subdivision, gross sales includes bothnew text end nonagricultural pesticide new text begin sold new text end in the state and deleted text begin the annual gross sales of thedeleted text end nonagricultural pesticide sold into the state for use in this state. No new text begin additional new text end fee is required if the fee due amount based on percent of annual gross sales of a nonagricultural pesticide is less than $10. The registrant shall secure sufficient sales information of nonagricultural pesticides distributed into this state from distributors and dealers, regardless of distributor location, to make a determination. Sales of nonagricultural pesticides in this state and sales of nonagricultural pesticides for use in this state by out-of-state distributors are not exempt and must be included in the registrant's annual report, as required under paragraph (g), and fees shall be paid by the registrant based upon those reported sales. Sales of nonagricultural pesticides in the state for use outside of the state are exempt from the gross sales fee in this paragraph if the registrant properly documents the sale location and distributors. A registrant paying more than the minimum fee shall pay the balance due by March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the preceding calendar year. A pesticide determined by the commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the agricultural pesticide in the state and the annual gross sales of the agricultural pesticide sold into the state for use in this state.
(d) In those cases where a registrant first sells an agricultural pesticide in or into the state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer license and is responsible for payment of the annual gross sales fee under paragraph (c), record keeping under paragraph (i), and all other requirements of section 18B.316.
(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013, by the commissioner on the registration and sale of pesticides is less than $6,600,000, the commissioner, after a public hearing, may increase proportionally the pesticide sales and product registration fees under this chapter by the amount necessary to ensure this level of revenue is achieved. The authority under this section expires on June 30, 2014. The commissioner shall report any fee increases under this paragraph 60 days before the fee change is effective to the senate and house of representatives agriculture budget divisions.
(f) An additional fee of 50 percent of the registration application fee must be paid by the applicant for each pesticide to be registered if the application is a renewal application that is submitted after December 31.
(g) A registrant must annually report to the commissioner the amount, type and annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state. The report shall be filed by March 1 for the previous year's registration. The commissioner shall specify the form of the report or approve the method for submittal of the report and may require additional information deemed necessary to determine the amount and type of nonagricultural pesticide annually distributed in the state. The information required shall include the brand name, United States Environmental Protection Agency registration number, and amount of each nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but the information collected, if made public, shall be reported in a manner which does not identify a specific brand name in the report.
(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually report to the commissioner the amount, type, and annual gross sales of each registered agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the state for use in the state. The report must be filed by January 31 for the previous year's sales. The commissioner shall specify the form, contents, and approved electronic method for submittal of the report and may require additional information deemed necessary to determine the amount and type of agricultural pesticide annually distributed within the state or into the state. The information required must include the brand name, United States Environmental Protection Agency registration number, and amount of each agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
(i) A person who registers a pesticide with the commissioner under paragraph (b), or a registrant under paragraph (d), shall keep accurate records for five years detailing all distribution or sales transactions into the state or in the state and subject to a fee and surcharge under this section.
(j) The records are subject to inspection, copying, and audit by the commissioner and must clearly demonstrate proof of payment of all applicable fees and surcharges for each registered pesticide product sold for use in this state. A person who is located outside of this state must maintain and make available records required by this subdivision in this state or pay all costs incurred by the commissioner in the inspecting, copying, or auditing of the records.
(k) The commissioner may adopt by rule regulations that require persons subject to audit under this section to provide information determined by the commissioner to be necessary to enable the commissioner to perform the audit.
(l) A registrant who is required to pay more than the minimum fee for any pesticide under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee paid after March 1 in the year for which the license is to be issued.
Sec. 10.
Minnesota Statutes 2014, section 41A.12, subdivision 2, is amended to read:
Subd. 2.
Activities authorized.
For the purposes of this program, the commissioner may issue grants, loans, or other forms of financial assistance. Eligible activities include, but are not limited to, grants to livestock producers under the livestock investment grant program under section 17.118, bioenergy awards deleted text begin made by the NextGen Energy Board deleted text end deleted text begin under section deleted text end deleted text begin 41A.105deleted text end deleted text begin ,deleted text end cost-share grants for the installation of biofuel blender pumps, and financial assistance to support other rural economic infrastructure activities.
Sec. 11.
Minnesota Statutes 2015 Supplement, section 41A.14, is amended to read:
41A.14 AGRICULTURE RESEARCH, EDUCATION, EXTENSION, AND TECHNOLOGY TRANSFER GRANT PROGRAM.
Subdivision 1.
Duties; grants.
The agriculture research, education, extension, and technology transfer grant program is created. The purpose of the grant program is to provide investments that will most efficiently achieve long-term agricultural productivity increases through improved infrastructure, vision, and accountability. The scope and intent of the grants, to the extent possible, shall provide for deleted text begin adeleted text end long-term base funding that allows the deleted text begin researchdeleted text end grantee to continue the functions of the research, education, deleted text begin anddeleted text end extensionnew text begin , and technology transfernew text end efforts to a practical conclusion. Priority for grants shall be given to human infrastructure. The commissioner shall provide grants for:
(1) agricultural researchnew text begin , extension,new text end and technology transfer needs deleted text begin and recipients including agricultural research and extensiondeleted text end at the University of Minnesotadeleted text begin , research and outreach centers, the College of Food, Agricultural and Natural Resource Sciences, the Minnesota Agricultural Experiment Station, University of Minnesota Extension Service, the University of Minnesota Veterinary School, the Veterinary Diagnostic Laboratory, the Stakman-Borlaug Center, and the Minnesota Agriculture Fertilizer Research and Education Council;deleted text end new text begin for use by any of the following:new text end
new text begin (i) the College of Food, Agricultural and Natural Resource Sciences; new text end
new text begin (ii) the Minnesota Agricultural Experiment Station; new text end
new text begin (iii) the University of Minnesota Extension Service; new text end
new text begin (iv) the University of Minnesota Veterinary School; new text end
new text begin (v) the Veterinary Diagnostic Laboratory; or new text end
new text begin (vi) the Stakman-Borlaug Center; new text end
(2) agriculture rapid response for plant and animal diseases and pests; and
(3) agricultural education including but not limited to the Minnesota Agriculture Education Leadership Council, farm business management, mentoring programs, graduate debt forgiveness, and high school programs.
Subd. 2.
Advisory panel.
new text begin (a) new text end In awarding grants under this section, the commissioner new text begin and a representative of the College of Food, Agricultural and Natural Resource Sciences at the University of Minnesota new text end must consult with an advisory panel consisting of the following stakeholders:
deleted text begin (1) a representative of the College of Food, Agricultural and Natural Resource Sciences at the University of Minnesota; deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end a representative of the Minnesota State Colleges and Universities system;
deleted text begin (3)deleted text end new text begin (2)new text end a representative of the Minnesota Farm Bureau;
deleted text begin (4)deleted text end new text begin (3)new text end a representative of the Minnesota Farmers Union;
deleted text begin (5)deleted text end new text begin (4)new text end a person representing agriculture industry statewide;
deleted text begin (6)deleted text end new text begin (5)new text end a representative of each of the state commodity councils organized under section 17.54 and the Minnesota Pork Board;
deleted text begin (7)deleted text end new text begin (6)new text end a person representing an association of primary manufacturers of forest products;
deleted text begin (8)deleted text end new text begin (7)new text end a person representing organic or sustainable agriculture; and
deleted text begin (9)deleted text end new text begin (8)new text end a person representing statewide environment and natural resource conservation organizations.
new text begin (b) Members under paragraph (a), clauses (1) to (3) and (5), shall be chosen by their respective organizations. new text end
Subd. 3.
Account.
An agriculture research, education, extension, and technology transfer account is created in the agricultural fund in the state treasury. The account consists of money received in the form of gifts, grants, reimbursement, or appropriations from any source for any of the purposes provided in subdivision 1, and any interest or earnings of the account. Money in the account is appropriated to the commissioner of agriculture for the purposes under subdivision 1.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 12.
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a subdivision to read:
new text begin Subd. 2a. new text end
new text begin Biobased content. new text end
new text begin "Biobased content" means a chemical, polymer, monomer, or plastic that is not sold primarily for use as food, feed, or fuel and that has a biobased percentage of at least 51 percent as determined by testing representative samples using American Society for Testing and Materials specification D6866. new text end
Sec. 13.
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a subdivision to read:
new text begin Subd. 2b. new text end
new text begin Biobased formulated product. new text end
new text begin "Biobased formulated product" means a product that is not sold primarily for use as food, feed, or fuel and that has a biobased content percentage of at least ten percent as determined by testing representative samples using American Society for Testing and Materials specification D6866, or that contains a biobased chemical constituent that displaces a known hazardous or toxic constituent previously used in the product formulation. new text end
Sec. 14.
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a subdivision to read:
new text begin Subd. 2c. new text end
new text begin Biobutanol. new text end
new text begin "Biobutanol" means fermentation isobutyl alcohol that is derived from agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; forest products; or other renewable resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable resources. new text end
Sec. 15.
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a subdivision to read:
new text begin Subd. 2d. new text end
new text begin Biobutanol facility. new text end
new text begin "Biobutanol facility" means a facility at which biobutanol is produced. new text end
Sec. 16.
Minnesota Statutes 2015 Supplement, section 41A.15, is amended by adding a subdivision to read:
new text begin Subd. 9a. new text end
new text begin Quarterly. new text end
new text begin "Quarterly" means any of the following three-month intervals in a calendar year: January through March, April through June, July through September, or October through December. new text end
Sec. 17.
Minnesota Statutes 2015 Supplement, section 41A.15, subdivision 10, is amended to read:
Subd. 10.
Renewable chemical.
"Renewable chemical" means a chemical with biobased content deleted text begin as defined in section 41A.105, subdivision 1adeleted text end .
Sec. 18.
Minnesota Statutes 2015 Supplement, section 41A.16, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials may be sourced from within a 100-mile radius. Raw materials must be from agricultural or forestry sources or from solid waste. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin operating above deleted text begin 95,000deleted text end new text begin 23,750new text end MMbtu of deleted text begin annualdeleted text end new text begin quarterly new text end biofuel production before July 1, 2015. Eligible facilities include existing companies and facilities that are adding advanced biofuel production capacity, or retrofitting existing capacity, as well as new companies and facilities. Production of conventional corn ethanol and conventional biodiesel is not eligible. Eligible advanced biofuel facilities must produce at least deleted text begin 95,000deleted text end new text begin 23,750new text end MMbtu deleted text begin a yeardeleted text end new text begin of biofuel quarterlynew text end .
(b) No payments shall be made for advanced biofuel production that occurs after June 30, 2035, for those eligible biofuel producers under paragraph (a).
(c) An eligible producer of advanced biofuel shall not transfer the producer's eligibility for payments under this section to an advanced biofuel facility at a different location.
(d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production.
(e) Renewable chemical production for which payment has been received under section 41A.17, and biomass thermal production for which payment has been received under section 41A.18, are not eligible for payment under this section.
new text begin (f) Biobutanol is eligible under this section. new text end
Sec. 19.
Minnesota Statutes 2015 Supplement, section 41A.17, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) A facility eligible for payment under this program must source at least 80 percent biobased contentdeleted text begin , as defined in section 41A.105, subdivision 1a, clause (1),deleted text end from Minnesota. If a facility is sited 50 miles or less from the state border, biobased content must be sourced from within a 100-mile radius. Biobased content must be from agricultural or forestry sources or from solid waste. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin production of deleted text begin 3,000,000deleted text end new text begin 750,000new text end pounds of chemicals deleted text begin annuallydeleted text end new text begin quarterlynew text end before January 1, 2015. Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible renewable chemical facilities must produce at least deleted text begin 3,000,000deleted text end new text begin 750,000new text end pounds deleted text begin per yeardeleted text end new text begin of renewable chemicals quarterlynew text end . Renewable chemicals produced through processes that are fully commercial before January 1, 2000, are not eligible.
(b) No payments shall be made for renewable chemical production that occurs after June 30, 2035, for those eligible renewable chemical producers under paragraph (a).
(c) An eligible producer of renewable chemicals shall not transfer the producer's eligibility for payments under this section to a renewable chemical facility at a different location.
(d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production.
(e) Advanced biofuel production for which payment has been received under section 41A.16, and biomass thermal production for which payment has been received under section 41A.18, are not eligible for payment under this section.
Sec. 20.
Minnesota Statutes 2015 Supplement, section 41A.17, subdivision 2, is amended to read:
Subd. 2.
Payment amounts; bonus; limits.
(a) The commissioner shall make payments to eligible producers of renewable chemicals located in the state. The amount of the payment for each producer's annual production is $0.03 per pound of sugar-derived renewable chemical, $0.03 per pound of cellulosic sugar, and $0.06 per pound of cellulosic-derived renewable chemical produced at a specific location for ten years after the start of production.
(b) An eligible facility producing renewable chemicals using agricultural cellulosic biomass is eligible for a 20 percent bonus payment for each deleted text begin MMbtudeleted text end new text begin poundnew text end produced from agricultural biomass that is derived from perennial crop or cover crop biomass.
(c) Total payments under this section to an eligible renewable chemical producer in a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable chemical production. Total payments under this section to all eligible renewable chemical producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds of renewable chemical production. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding.
(d) For purposes of this section, an entity that holds a controlling interest in more than one renewable chemical production facility is considered a single eligible producer.
Sec. 21.
Minnesota Statutes 2015 Supplement, section 41A.18, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials should be sourced from within a 100-mile radius. Raw materials must be from agricultural or forestry sources. The facility must be located in Minnesota, must have begun production at a specific location by June 30, 2025, and must not begin before July 1, 2015. Eligible facilities include existing companies and facilities that are adding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible biomass thermal production facilities must produce at least deleted text begin 1,000deleted text end new text begin 250new text end MMbtu deleted text begin per yeardeleted text end new text begin of biomass thermal quarterlynew text end .
(b) No payments shall be made for biomass thermal production that occurs after June 30, 2035, for those eligible biomass thermal producers under paragraph (a).
(c) An eligible producer of biomass thermal production shall not transfer the producer's eligibility for payments under this section to a biomass thermal production facility at a different location.
(d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production.
(e) Biofuel production for which payment has been received under section 41A.16, and renewable chemical production for which payment has been received under section 41A.17, are not eligible for payment under this section.
Sec. 22.
new text begin [41A.20] SIDING PRODUCTION INCENTIVE. new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them. new text end
new text begin (b) "Commissioner" means the commissioner of agriculture. new text end
new text begin (c) "Forest resources" means raw wood logs and material primarily made up of cellulose, hemicellulose, or lignin, or a combination of those ingredients. new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin (a) A facility eligible for payment under this section must source at least 80 percent raw materials from Minnesota. If a facility is sited 50 miles or less from the state border, raw materials may be sourced from within a 100-mile radius. Raw materials must be from forest resources. The facility must be located in Minnesota, must begin production at a specific location by June 30, 2025, and must not begin operating before July 1, 2017. Eligible facilities include existing companies and facilities that are adding siding production capacity, or retrofitting existing capacity, as well as new companies and facilities. Eligible siding production facilities must produce at least 200,000,000 siding square feet on a 3/8 inch nominal basis of siding each year. new text end
new text begin (b) No payments shall be made for siding production that occurs after June 30, 2035, for those eligible producers under paragraph (a). new text end
new text begin (c) An eligible producer of siding shall not transfer the producer's eligibility for payments under this section to a facility at a different location. new text end
new text begin (d) A producer that ceases production for any reason is ineligible to receive payments under this section until the producer resumes production. new text end
new text begin Subd. 3. new text end
new text begin Payment amounts; limits. new text end
new text begin (a) The commissioner shall make payments to eligible producers of siding. The amount of the payment for each eligible producer's annual production is $7.50 per 1,000 siding square feet on a 3/8 inch nominal basis of siding produced at a specific location for ten years after the start of production. new text end
new text begin (b) Total payments under this section to an eligible siding producer in a fiscal year may not exceed the amount necessary for 400,000,000 siding square feet on a 3/8 inch nominal basis of siding produced. Total payments under this section to all eligible siding producers in a fiscal year may not exceed the amount necessary for 400,000,000 siding square feet on a 3/8 inch nominal basis of siding produced. The commissioner shall award payments on a first-come, first-served basis within the limits of available funding. new text end
new text begin (c) For purposes of this section, an entity that holds a controlling interest in more than one siding facility is considered a single eligible producer. new text end
new text begin Subd. 4. new text end
new text begin Forest resources requirements. new text end
new text begin Forest resources that come from land parcels greater than 160 acres must be certified by the Forest Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System. Uncertified land from parcels of 160 acres or less and federal land must be harvested by a logger who has completed training from the Minnesota logger education program or the equivalent, and have a forest stewardship plan. new text end
new text begin Subd. 5. new text end
new text begin Claims. new text end
new text begin (a) By the last day of October, January, April, and July, each eligible siding producer shall file a claim for payment for siding production during the preceding three calendar months. An eligible siding producer that files a claim under this subdivision shall include a statement of the eligible producer's total board feet of siding produced during the quarter covered by the claim. For each claim and statement of total board feet of siding filed under this subdivision, the board feet of siding produced must be examined by a certified public accounting firm with a valid permit to practice under chapter 326A, in accordance with Statements on Standards for Attestation Engagements established by the American Institute of Certified Public Accountants. new text end
new text begin (b) The commissioner must issue payments by November 15, February 15, May 15, and August 15. A separate payment must be made for each claim filed. new text end
new text begin Subd. 6. new text end
new text begin Appropriation. new text end
new text begin A sum sufficient to make the payments required by this section, not to exceed $3,000,000 in a fiscal year, is annually appropriated from the general fund to the commissioner. new text end
Sec. 23.
Minnesota Statutes 2015 Supplement, section 116D.04, subdivision 2a, is amended to read:
Subd. 2a.
When prepared.
Where there is potential for significant environmental effects resulting from any major governmental action, the action shall be preceded by a detailed environmental impact statement prepared by the responsible governmental unit. The environmental impact statement shall be an analytical rather than an encyclopedic document which describes the proposed action in detail, analyzes its significant environmental impacts, discusses appropriate alternatives to the proposed action and their impacts, and explores methods by which adverse environmental impacts of an action could be mitigated. The environmental impact statement shall also analyze those economic, employment, and sociological effects that cannot be avoided should the action be implemented. To ensure its use in the decision-making process, the environmental impact statement shall be prepared as early as practical in the formulation of an action.
(a) The board shall by rule establish categories of actions for which environmental impact statements and for which environmental assessment worksheets shall be prepared as well as categories of actions for which no environmental review is required under this section. A mandatory environmental assessment worksheet shall not be required for the expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol facility as defined in section deleted text begin 41A.105deleted text end new text begin 41A.15new text end , subdivision deleted text begin 1adeleted text end new text begin 2dnew text end , based on the capacity of the expanded or converted facility to produce alcohol fuel, but must be required if the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories of actions for which environmental assessment worksheets must be prepared. The responsible governmental unit for an ethanol plant or biobutanol facility project for which an environmental assessment worksheet is prepared shall be the state agency with the greatest responsibility for supervising or approving the project as a whole.
A mandatory environmental impact statement shall not be required for a facility or plant located outside the seven-county metropolitan area that produces less than 125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section deleted text begin 41A.105deleted text end new text begin 41A.15new text end , subdivision deleted text begin 1a, clause (1)deleted text end new text begin 2dnew text end ; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic feedstock to produce chemical products for use by another facility as a feedstock shall not be considered a fuel conversion facility as used in rules adopted under this chapter.
(b) The responsible governmental unit shall promptly publish notice of the completion of an environmental assessment worksheet by publishing the notice in at least one newspaper of general circulation in the geographic area where the project is proposed, by posting the notice on a Web site that has been designated as the official publication site for publication of proceedings, public notices, and summaries of a political subdivision in which the project is proposed, or in any other manner determined by the board and shall provide copies of the environmental assessment worksheet to the board and its member agencies. Comments on the need for an environmental impact statement may be submitted to the responsible governmental unit during a 30-day period following publication of the notice that an environmental assessment worksheet has been completed. The responsible governmental unit's decision on the need for an environmental impact statement shall be based on the environmental assessment worksheet and the comments received during the comment period, and shall be made within 15 days after the close of the comment period. The board's chair may extend the 15-day period by not more than 15 additional days upon the request of the responsible governmental unit.
(c) An environmental assessment worksheet shall also be prepared for a proposed action whenever material evidence accompanying a petition by not less than 100 individuals who reside or own property in the state, submitted before the proposed project has received final approval by the appropriate governmental units, demonstrates that, because of the nature or location of a proposed action, there may be potential for significant environmental effects. Petitions requesting the preparation of an environmental assessment worksheet shall be submitted to the board. The chair of the board shall determine the appropriate responsible governmental unit and forward the petition to it. A decision on the need for an environmental assessment worksheet shall be made by the responsible governmental unit within 15 days after the petition is received by the responsible governmental unit. The board's chair may extend the 15-day period by not more than 15 additional days upon request of the responsible governmental unit.
(d) Except in an environmentally sensitive location where Minnesota Rules, part 4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental review under this chapter and rules of the board, if:
(1) the proposed action is:
(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity of less than 1,000 animal units;
(2) the application for the animal feedlot facility includes a written commitment by the proposer to design, construct, and operate the facility in full compliance with Pollution Control Agency feedlot rules; and
(3) the county board holds a public meeting for citizen input at least ten business days prior to the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot facility unless another public meeting for citizen input has been held with regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition to other exemptions provided under other law and rules of the board.
(e) The board may, prior to final approval of a proposed project, require preparation of an environmental assessment worksheet by a responsible governmental unit selected by the board for any action where environmental review under this section has not been specifically provided for by rule or otherwise initiated.
(f) An early and open process shall be utilized to limit the scope of the environmental impact statement to a discussion of those impacts, which, because of the nature or location of the project, have the potential for significant environmental effects. The same process shall be utilized to determine the form, content and level of detail of the statement as well as the alternatives which are appropriate for consideration in the statement. In addition, the permits which will be required for the proposed action shall be identified during the scoping process. Further, the process shall identify those permits for which information will be developed concurrently with the environmental impact statement. The board shall provide in its rules for the expeditious completion of the scoping process. The determinations reached in the process shall be incorporated into the order requiring the preparation of an environmental impact statement.
(g) The responsible governmental unit shall, to the extent practicable, avoid duplication and ensure coordination between state and federal environmental review and between environmental review and environmental permitting. Whenever practical, information needed by a governmental unit for making final decisions on permits or other actions required for a proposed project shall be developed in conjunction with the preparation of an environmental impact statement. When an environmental impact statement is prepared for a project requiring multiple permits for which two or more agencies' decision processes include either mandatory or discretionary hearings before a hearing officer prior to the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the contrary, conduct the hearings in a single consolidated hearing process if requested by the proposer. All agencies having jurisdiction over a permit that is included in the consolidated hearing shall participate. The responsible governmental unit shall establish appropriate procedures for the consolidated hearing process, including procedures to ensure that the consolidated hearing process is consistent with the applicable requirements for each permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
(h) An environmental impact statement shall be prepared and its adequacy determined within 280 days after notice of its preparation unless the time is extended by consent of the parties or by the governor for good cause. The responsible governmental unit shall determine the adequacy of an environmental impact statement, unless within 60 days after notice is published that an environmental impact statement will be prepared, the board chooses to determine the adequacy of an environmental impact statement. If an environmental impact statement is found to be inadequate, the responsible governmental unit shall have 60 days to prepare an adequate environmental impact statement.
(i) The proposer of a specific action may include in the information submitted to the responsible governmental unit a preliminary draft environmental impact statement under this section on that action for review, modification, and determination of completeness and adequacy by the responsible governmental unit. A preliminary draft environmental impact statement prepared by the project proposer and submitted to the responsible governmental unit shall identify or include as an appendix all studies and other sources of information used to substantiate the analysis contained in the preliminary draft environmental impact statement. The responsible governmental unit shall require additional studies, if needed, and obtain from the project proposer all additional studies and information necessary for the responsible governmental unit to perform its responsibility to review, modify, and determine the completeness and adequacy of the environmental impact statement.
Sec. 24.
Minnesota Statutes 2015 Supplement, section 583.215, is amended to read:
583.215 EXPIRATION.
Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 583.20 to 583.32, expire June 30, deleted text begin 2016deleted text end new text begin 2018new text end .
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 25.
Laws 2015, First Special Session chapter 4, article 1, section 2, subdivision 2, is amended to read:
Subd. 2.Protection Services |
16,452,000 | 16,402,000 | ||||
| Appropriations by Fund | ||
| 2016 | 2017 | |
| General | 15,874,000 | 15,824,000 |
| Agricultural | 190,000 | 190,000 |
| Remediation | 388,000 | 388,000 |
$25,000 the first year and $25,000 the second year are to develop and maintain cottage food license exemption outreach and training materials.
$75,000 the first year is for the commissioner, in consultation with the Northeast Regional Corrections Center and the United Food and Commercial Workers, to study and provide recommendations for upgrading the existing processing facility on the campus of the Northeast Regional Corrections Center into a USDA-certified food processing facility. The commissioner shall report these recommendations to the chairs of the house of representatives and senate committees with jurisdiction over agriculture finance by March 15, 2016.
$75,000 the second year is deleted text begin for a coordinator fordeleted text end new text begin to coordinatenew text end the correctional facility vocational training pilot programnew text begin and to assist entities that have explored the feasibility of establishing a USDA-certified or state "equal to" food processing facility within 30 miles of the Northeast Regional Corrections Centernew text end .
$388,000 the first year and $388,000 the second year are from the remediation fund for administrative funding for the voluntary cleanup program.
$225,000 the first year and $175,000 the second year are for compensation for destroyed or crippled animals under Minnesota Statutes, section 3.737. This appropriation may be spent to compensate for animals that were destroyed or crippled during fiscal years 2014 and 2015. If the amount in the first year is insufficient, the amount in the second year is available in the first year.
$125,000 the first year and $125,000 the second year are for compensation for crop damage under Minnesota Statutes, section 3.7371. If the amount in the first year is insufficient, the amount in the second year is available in the first year.
If the commissioner determines that claims made under Minnesota Statutes, section 3.737 or 3.7371, are unusually high, amounts appropriated for either program may be transferred to the appropriation for the other program.
$70,000 the first year and $70,000 the second year are for additional cannery inspections.
$100,000 the first year and $100,000 the second year are for increased oversight of delegated local health boards.
$100,000 the first year and $100,000 the second year are to decrease the turnaround time for retail food handler plan reviews.
$1,024,000 the first year and $1,024,000 the second year are to streamline the retail food safety regulatory and licensing experience for regulated businesses and to decrease the inspection delinquency rate.
$1,350,000 the first year and $1,350,000 the second year are for additional inspections of food manufacturers and wholesalers.
$150,000 the first year and $150,000 the second year are for additional funding for dairy inspection services.
$150,000 the first year and $150,000 the second year are for additional funding for laboratory services operations.
$250,000 the first year and $250,000 the second year are for additional meat inspection services, including inspections provided under the correctional facility vocational training pilot program.
Notwithstanding Minnesota Statutes, section 18B.05, $90,000 the first year and $90,000 the second year are from the pesticide regulatory account in the agricultural fund for an increase in the operating budget for the Laboratory Services Division.
$100,000 the first year and $100,000 the second year are from the pesticide regulatory account in the agricultural fund to update and modify applicator education and training materials.
Sec. 26.
Laws 2015, First Special Session chapter 4, article 1, section 2, subdivision 4, is amended to read:
Subd. 4.Agriculture, Bioenergy, and Bioproduct Advancement |
14,993,000 | 19,010,000 | ||||
$4,483,000 the first year and $8,500,000 the second year are for transfer to the agriculture research, education, extension, and technology transfer account under Minnesota Statutes, section 41A.14, subdivision 3. The transfer in this paragraph includes money for plant breeders at the University of Minnesota for wild rice, potatoes, and grapes. Of these amounts, at least $600,000 each year is for deleted text begin agriculture rapid responsedeleted text end new text begin the Minnesota Agricultural Experiment Station's Agriculture Rapid Response Fund new text end under Minnesota Statutes, section 41A.14, subdivision 1, clause (2). Of the amount appropriated in this paragraph, $1,000,000 each year is for transfer to the Board of Regents of the University of Minnesota for research to determine (1) what is causing avian influenza, (2) why some fowl are more susceptible, and (3) prevention measures that can be taken. Of the amount appropriated in this paragraph, $2,000,000 each year is for grants to the Minnesota Agriculture Education Leadership Council to enhance agricultural education with priority given to Farm Business Management challenge grants.new text begin The commissioner shall transfer the remaining grant funds in this appropriation each year to the Board of Regents of the University of Minnesota for purposes of Minnesota Statutes, section 41A.14.new text end
To the extent practicable, funds expended under Minnesota Statutes, section 41A.14, subdivision 1, clauses (1) and (2), must supplement and not supplant existing sources and levels of funding. The commissioner may use up to 4.5 percent of this appropriation for costs incurred to administer the program. new text begin Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text end
$10,235,000 the first year and $10,235,000 the second year are for the agricultural growth, research, and innovation program in Minnesota Statutes, section 41A.12. No later than February 1, 2016, and February 1, 2017, the commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance regarding the commissioner's accomplishments and anticipated accomplishments in the following areas: facilitating the start-up, modernization, or expansion of livestock operations including beginning and transitioning livestock operations; developing new markets for Minnesota farmers by providing more fruits, vegetables, meat, grain, and dairy for Minnesota school children; assisting value-added agricultural businesses to begin or expand, access new markets, or diversify products; developing urban agriculture; facilitating the start-up, modernization, or expansion of other beginning and transitioning farms including loans under Minnesota Statutes, section 41B.056; sustainable agriculture on farm research and demonstration; development or expansion of food hubs and other alternative community-based food distribution systems; and research on bioenergy, biobased content, or biobased formulated products and other renewable energy development. The commissioner may use up to 4.5 percent of this appropriation for costs incurred to administer the program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year. Notwithstanding Minnesota Statutes, section 16A.28, the appropriations encumbered under contract on or before June 30, 2017, for agricultural growth, research, and innovation grants are available until June 30, 2019.
The commissioner may use funds appropriated for the agricultural growth, research, and innovation program as provided in this paragraph. The commissioner may award grants to owners of Minnesota facilities producing bioenergy, biobased content, or a biobased formulated product; to organizations that provide for on-station, on-farm field scale research and outreach to develop and test the agronomic and economic requirements of diverse strands of prairie plants and other perennials for bioenergy systems; or to certain nongovernmental entities. For the purposes of this paragraph, "bioenergy" includes transportation fuels derived from cellulosic material, as well as the generation of energy for commercial heat, industrial process heat, or electrical power from cellulosic materials via gasification or other processes. Grants are limited to 50 percent of the cost of research, technical assistance, or equipment related to bioenergy, biobased content, or biobased formulated product production or $500,000, whichever is less. Grants to nongovernmental entities for the development of business plans and structures related to community ownership of eligible bioenergy facilities together may not exceed $150,000. The commissioner shall make a good-faith effort to select projects that have merit and, when taken together, represent a variety of bioenergy technologies, biomass feedstocks, and geographic regions of the state. Projects must have a qualified engineer provide certification on the technology and fuel source. Grantees must provide reports at the request of the commissioner.
Of the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $1,000,000 the first year and $1,000,000 the second year are for distribution in equal amounts to each of the state's county fairs to preserve and promote Minnesota agriculture.
Of the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $500,000 in fiscal year 2016 and $1,500,000 in fiscal year 2017 are for incentive payments under Minnesota Statutes, sections 41A.16, 41A.17, and 41A.18. If the appropriation exceeds the total amount for which all producers are eligible in a fiscal year, the balance of the appropriation is available to the commissioner for the agricultural growth, research, and innovation program. Notwithstanding Minnesota Statutes, section 16A.28, the first year appropriation is available until June 30, 2017, and the second year appropriation is available until June 30, 2018. The commissioner may use up to 4.5 percent of the appropriation for administration of the incentive payment programs.
Of the amount appropriated for the agricultural growth, research, and innovation program in this subdivision, $250,000 the first year is for grants to communities to develop or expand food hubs and other alternative community-based food distribution systems. Of this amount, $50,000 is for the commissioner to consult with existing food hubs, alternative community-based food distribution systems, and University of Minnesota Extension to identify best practices for use by other Minnesota communities. No later than December 15, 2015, the commissioner must report to the legislative committees with jurisdiction over agriculture and health regarding the status of emerging alternative community-based food distribution systems in the state along with recommendations to eliminate any barriers to success. new text begin Any unencumbered balance does not cancel at the end of the first year and is available for the second year. new text end This is a onetime appropriation.
$250,000 the first year and $250,000 the second year are for grants that enable retail petroleum dispensers to dispense biofuels to the public in accordance with the biofuel replacement goals established under Minnesota Statutes, section 239.7911. A retail petroleum dispenser selling petroleum for use in spark ignition engines for vehicle model years after 2000 is eligible for grant money under this paragraph if the retail petroleum dispenser has no more than 15 retail petroleum dispensing sites and each site is located in Minnesota. The grant money received under this paragraph must be used for the installation of appropriate technology that uses fuel dispensing equipment appropriate for at least one fuel dispensing site to dispense gasoline that is blended with 15 percent of agriculturally derived, denatured ethanol, by volume, and appropriate technical assistance related to the installation. A grant award must not exceed 85 percent of the cost of the technical assistance and appropriate technology, including remetering of and retrofits for retail petroleum dispensers and replacement of petroleum dispenser projects. The commissioner may use up to $35,000 of this appropriation for administrative expenses. The commissioner shall cooperate with biofuel stakeholders in the implementation of the grant program. The commissioner must report to the legislative committees with jurisdiction over agriculture policy and finance by February 1 each year, detailing the number of grants awarded under this paragraph and the projected effect of the grant program on meeting the biofuel replacement goals under Minnesota Statutes, section 239.7911. These are onetime appropriations.
$25,000 the first year and $25,000 the second year are for grants to the Southern Minnesota Initiative Foundation to promote local foods through an annual event that raises public awareness of local foods and connects local food producers and processors with potential buyers.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 27.
Laws 2015, First Special Session chapter 4, article 1, section 5, is amended to read:
Sec. 5.
AVIAN INFLUENZA RESPONSE ACTIVITIES; new text begin EMERGENCY PREPAREDNESS; new text end APPROPRIATIONS AND TRANSFERS.
(a) deleted text begin $3,619,000deleted text end new text begin $519,000new text end is appropriated from the general fund in fiscal year 2016 to the commissioner of agriculture for avian influenza emergency response activities. The commissioner may use money appropriated under this paragraph to purchase necessary euthanasia and composting equipment and to reimburse costs incurred by local units of government directly related to avian influenza emergency response activities that are not eligible for federal reimbursement. This appropriation is available the day following final enactment until June 30, 2017.
(b) $1,853,000 is appropriated from the general fund in fiscal year 2016 to the Board of Animal Health for deleted text begin avian influenza emergency response activities. The Board may use money appropriated under this paragraph to purchase necessary euthanasia and composting equipment.deleted text end new text begin any animal disease emergency response or planning activity, including but not limited to:new text end
new text begin (1) the retention of staff trained in disease response; new text end
new text begin (2) costs associated with the relocation and expansion of the Minnesota Poultry Testing Laboratory; new text end
new text begin (3) the identification of risk factors for disease transmission; and new text end
new text begin (4) the implementation of strategies to prevent or reduce the risk of disease introduction and transmission. new text end
This appropriation is available the day following final enactment until June 30, deleted text begin 2017deleted text end new text begin 2019new text end .
(c) $103,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of health for avian influenza emergency response activities. This appropriation is available the day following final enactment until June 30, 2017.
(d) $350,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of natural resources for sampling wild animals to detect and monitor the avian influenza virus. This appropriation may also be used to conduct serology sampling, in consultation with the Board of Animal Health and the University of Minnesota Pomeroy Chair in Avian Health, from birds within a control zone and outside of a control zone. This appropriation is available the day following final enactment until June 30, 2017.
(e) $544,000 is appropriated from the general fund in fiscal year 2016 to the commissioner of public safety to operate the State Emergency Operation Center in coordination with the statewide avian influenza response activities. Appropriations under this paragraph may also be used to support a staff person at the state's agricultural incident command post in Willmar. This appropriation is available the day following final enactment until June 30, 2017.
(f) The commissioner of management and budget may transfer unexpended balances from the appropriations in this section to any state agency for operating expenses related to avian influenza emergency response activities. The commissioner of management and budget must report each transfer to the chairs and ranking minority members of the senate Committee on Finance and the house of representatives Committee on Ways and Means.
(g) In addition to the transfers required under Laws 2015, chapter 65, article 1, section 17, no later than September 30, 2015, the commissioner of management and budget must transfer $4,400,000 from the fiscal year 2015 closing balance in the general fund to the disaster assistance contingency account in Minnesota Statutes, section 12.221, subdivision 6. This amount is available for deleted text begin avian influenza emergency responsedeleted text end new text begin eligible new text end activities as provided in Laws 2015, chapter 65, article 1, section 18new text begin , as amendednew text end .
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 28.
new text begin GOOD FOOD ACCESS ADVISORY COMMITTEE. new text end
new text begin The commissioner of agriculture and designating authorities must make their initial appointments and designations by July 1, 2016, for the Good Food Access Advisory Committee established under Minnesota Statutes, section 17.1018. The commissioner of agriculture or the commissioner's designee must convene the first meeting of the Good Food Access Advisory Committee by September 1, 2016. new text end
Sec. 29.
new text begin FARMER-LENDER MEDIATION TASK FORCE. new text end
new text begin The commissioner of agriculture must convene an advisory task force to provide recommendations to the legislature regarding the state's Farmer-Lender Mediation Act. The task force must be comprised of 14 members, including the commissioner or the commissioner's designee, one farm advocate appointed by the commissioner who is responsible for mediating debt between farmers and lenders, one adult farm business management instructor appointed by the commissioner, and three farmers appointed by the commissioner, at least one of whom is a beginning or nontraditional farmer and at least one of whom has personal experience with the farmer-lender mediation program. The remaining membership of the task force consists of one member appointed by each of the following entities: new text end
new text begin (1) Minnesota Farm Bureau; new text end
new text begin (2) Minnesota Farmers Union; new text end
new text begin (3) Minnesota Bankers Association; new text end
new text begin (4) Independent Community Bankers of Minnesota; new text end
new text begin (5) Farm Credit Services - Minnesota State Federation; new text end
new text begin (6) Minnesota Credit Union Network; new text end
new text begin (7) Minnesota-South Dakota Equipment Dealers Association; and new text end
new text begin (8) University of Minnesota Extension. new text end
new text begin No later than February 1, 2017, the commissioner must report the task force's recommendations to the legislative committees with jurisdiction over agriculture policy and finance. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 30.
new text begin TRANSFER REQUIRED. new text end
new text begin Of the amount appropriated from the general fund to the commissioner of agriculture for transfer to the rural finance authority revolving loan account in Laws 2015, First Special Session chapter 4, article 2, section 6, the commissioner of management and budget must transfer $7,713,000 back to the general fund in fiscal year 2016. This is a onetime transfer. new text end
Sec. 31.
new text begin REPEALER. new text end
new text begin Laws 2015, First Special Session chapter 4, article 2, section 81, new text end new text begin is repealed. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
ARTICLE 3
ENVIRONMENT AND NATURAL RESOURCES
Section 1.new text begin APPROPRIATIONS.new text end |
new text begin The sums shown in the columns marked "Appropriations" are added to the appropriations in Laws 2015, First Special Session chapter 4, or appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal year indicated for each purpose. The figures "2016" and "2017" used in this article mean that the addition to the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal year 2017. Appropriations for fiscal year 2016 are effective the day following final enactment. new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2016 new text end | new text begin 2017 new text end | |||||
Sec. 2.new text begin POLLUTION CONTROL AGENCY new text end |
||||||
new text begin Subdivision 1. new text endnew text begin Total Appropriation new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 2,620,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2016 new text end | new text begin 2017 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 1,918,000 new text end |
| new text begin Environmental new text end | new text begin -0- new text end | new text begin 702,000 new text end |
new text begin Subd. 2. new text endnew text begin Water new text end |
new text begin -0- new text end | new text begin 1,038,000 new text end | ||||
new text begin $437,000 the second year is from the general fund and $486,000 the second year is from the environmental fund to meet the increased demand for technical assistance and review of municipal water infrastructure projects that will be generated by increased grant funding through the Public Facilities Authority. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin $115,000 the second year is for the working lands program feasibility study and program plan. This is a onetime appropriation and is available until June 30, 2018. new text end
new text begin Subd. 3. new text endnew text begin Land new text end |
new text begin -0- new text end | new text begin 432,000 new text end | ||||
new text begin $216,000 the second year is from the general fund and $216,000 the second year is from the environmental fund to manage contaminated sediment projects at multiple sites identified in the St. Louis River remedial action plan to restore water quality in the St. Louis River area of concern. This amount is added to the base for fiscal years 2018, 2019, and 2020 only. new text end
new text begin Subd. 4. new text endnew text begin Environmental Assistance and Cross-Media new text end |
new text begin -0- new text end | new text begin 1,150,000 new text end | ||||
new text begin $500,000 the second year is for SCORE block grants to counties. This amount is in addition to the amounts appropriated in Laws 2015, First Special Session chapter 4, article 3, section 2, subdivision 5. This is a onetime appropriation. new text end
new text begin $650,000 the second year is to design remedial actions and prepare bids for the Waste Disposal Engineering Landfill in the city of Andover in accordance with the closed landfill program under Minnesota Statutes, sections 115B.39 to 115B.42. This is a onetime appropriation. new text end
Sec. 3.new text begin NATURAL RESOURCES new text end |
||||||
new text begin Subdivision 1. new text endnew text begin Total Appropriation new text end |
new text begin $ new text end | new text begin 2,269,000 new text end | new text begin $ new text end | new text begin 14,432,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2016 new text end | new text begin 2017 new text end | |
| new text begin General new text end | new text begin 1,599,000 new text end | new text begin 9,567,000 new text end |
| new text begin Natural Resources new text end | new text begin -0- new text end | new text begin 4,755,000 new text end |
| new text begin Game and Fish new text end | new text begin 670,000 new text end | new text begin 110,000 new text end |
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Lands and Minerals Management new text end |
new text begin -0- new text end | new text begin 200,000 new text end | ||||
new text begin $200,000 the second year is to initiate, in consultation with the school trust lands director, a valuation process and representative valuations for the compensation of school trust lands required by Minnesota Statutes, section 84.027, subdivision 18, paragraph (b). By January 15, 2017, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources and education policy and finance on the Department of Natural Resources' progress in developing a valuation process, a description of the process to identify representative sample valuations, and the results of the representative valuations of school trust lands identified for compensation. This is a onetime appropriation. new text end
new text begin Subd. 3. new text endnew text begin Ecological and Water Resources new text end |
new text begin -0- new text end | new text begin 612,000 new text end | ||||
new text begin $187,000 the second year is for a grant to the Middle-Snake-Tamarac Rivers Watershed District to match equal funds from the North Dakota State Water Commission and North Dakota water boards to conduct hydraulic modeling of alternative floodway options for the reach including and upstream and downstream of the Minnesota and North Dakota agricultural levies in the vicinity of Oslo, Minnesota. The modeling must include evaluating removal of floodway flow obstructions, channel obstructions, transportation access, and equalization of agricultural levy protection. The project must be conducted in partnership with the border township association group representing four Minnesota townships and the city of Oslo and the three adjacent townships in North Dakota. This is a onetime appropriation and is available until June 30, 2018. new text end
new text begin $200,000 the second year is for a grant to the Koronis Lake Association for purposes of removing and preventing aquatic invasive species. This is a onetime appropriation. new text end
new text begin $225,000 the second year is from the water management account in the natural resources fund for water appropriation monitoring, modeling, and reporting for the Cold Spring Creek area as required under this act. This is a onetime appropriation and is available until June 30, 2022. new text end
new text begin Subd. 4. new text endnew text begin Forest Management new text end |
new text begin -0- new text end | new text begin 3,500,000 new text end | ||||
new text begin $2,500,000 the second year is for private forest management assistance. The agency base is increased by $2,000,000 in fiscal year 2018 and thereafter. new text end
new text begin $1,000,000 the second year is from the forest management investment account in the natural resources fund for reforestation on state lands. This is a onetime appropriation. new text end
new text begin Subd. 5. new text endnew text begin Parks and Trails Management new text end |
new text begin -0- new text end | new text begin 6,459,000 new text end | ||||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2016 new text end | new text begin 2017 new text end | |
| new text begin General new text end | new text begin -0- new text end | new text begin 2,929,000 new text end |
| new text begin Natural Resources new text end | new text begin -0- new text end | new text begin 3,530,000 new text end |
new text begin $2,800,000 the second year is a onetime appropriation. new text end
new text begin $2,300,000 the second year is from the state parks account in the natural resources fund. Of this amount, $1,300,000 is onetime, of which $1,150,000 is for strategic park acquisition. new text end
new text begin $20,000 the second year is from the natural resources fund to design and erect signs marking the David Dill trail designated in this act. Of this amount, $10,000 is from the snowmobile trails and enforcement account and $10,000 is from the all-terrain vehicle account. This is a onetime appropriation. new text end
new text begin $100,000 the second year is for the improvement of the infrastructure for sanitary sewer service at the Woodenfrog Campground in Kabetogama State Forest. This is a onetime appropriation. new text end
new text begin $29,000 the second year is for computer programming related to the transfer-on-death title changes for watercraft. This is a onetime appropriation. new text end
new text begin $210,000 the first year is from the water recreation account in the natural resources fund for implementation of Minnesota Statutes, section 86B.532, established in this act. This is a onetime appropriation. The commissioner of natural resources shall seek federal and other nonstate funds to reimburse the department for the initial costs of producing and distributing carbon monoxide boat warning labels. All amounts collected under this paragraph shall be deposited into the water recreation account. new text end
new text begin $1,000,000 the second year is from the natural resources fund for a grant to Lake County for construction, including bridges, of the Prospectors ATV Trail System linking the communities of Ely, Babbitt, Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail System. Of this amount, $900,000 is from the all-terrain vehicle account, $50,000 is from the off-highway motorcycle account, and $50,000 is from the off-road vehicle account. This is a onetime appropriation. new text end
new text begin Subd. 6. new text endnew text begin Fish and Wildlife Management new text end |
new text begin -0- new text end | new text begin 50,000 new text end | ||||
new text begin $50,000 the second year is from the game and fish fund for fish virus surveillance, including fish testing in high-risk waters used for bait production, to ensure the availability of safe bait. This is a onetime appropriation. new text end
new text begin Subd. 7. new text endnew text begin Enforcement new text end |
new text begin 670,000 new text end | new text begin -0- new text end | ||||
new text begin $670,000 the first year is from the game and fish fund for aviation services. This is a onetime appropriation. new text end
new text begin Subd. 8. new text endnew text begin Operations Support new text end |
new text begin 1,599,000 new text end | new text begin 3,611,000 new text end | ||||
| new text begin Appropriations by Fund new text end | ||
| new text begin 2016 new text end | new text begin 2017 new text end | |
| new text begin General new text end | new text begin 1,599,000 new text end | new text begin 3,551,000 new text end |
| new text begin Game and Fish new text end | new text begin -0- new text end | new text begin 60,000 new text end |
new text begin $1,599,000 the first year and $2,801,000 the second year are for legal costs related to the NorthMet mining project. Of this amount, up to $1,289,000 the second year may be transferred to other agencies for legal costs associated with the NorthMet mining project. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin $750,000 the second year is for a grant to Wolf Ridge Environmental Learning Center to construct a new dormitory, renovate an old dormitory, construct a maintenance building, and construct a small classroom building with parking. The grant is not available until the commissioner of management and budget determines that an amount sufficient to complete the project is available from nonstate sources. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin $60,000 the second year is from the heritage enhancement account for the department's Southeast Asian unit to conduct outreach efforts to the Southeast Asian community in Minnesota, including outreach efforts to refugees from Burma, to encourage participation in outdoor education opportunities and activities. This is a onetime appropriation. new text end
Sec. 4.new text begin BOARD OF WATER AND SOIL RESOURCES new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 479,000 new text end | ||
new text begin $479,000 the second year is for the development of a detailed plan to implement a working lands watershed restoration program to incentivize the establishment and maintenance of perennial crops that includes the following: new text end
new text begin (1) a process for selecting pilot watersheds that are expected to result in the greatest water quality improvements and exhibit readiness to participate in the program; new text end
new text begin (2) an assessment of the quantity of agricultural land that is expected to be eligible for the program in each watershed; new text end
new text begin (3) an assessment of landowner interest in participating in the program; new text end
new text begin (4) an assessment of the contract terms and any recommendations for changes to the terms, including consideration of variable payment rates for lands of different priority or type; new text end
new text begin (5) an assessment of the opportunity to leverage federal funds through the program and recommendations on how to maximize the use of federal funds for assistance to establish perennial crops; new text end
new text begin (6) an assessment of how other state programs could complement the program; new text end
new text begin (7) an estimate of water quality improvements expected to result from implementation in pilot watersheds; new text end
new text begin (8) an assessment of how to best integrate program implementation with existing conservation requirements and develop recommendations on harvest practices and timing to benefit wildlife production; new text end
new text begin (9) an assessment of the potential viability and water quality benefit of cover crops used in biomass processing facilities; new text end
new text begin (10) a timeline for implementation, coordinated to the extent possible with proposed biomass processing facilities; and new text end
new text begin (11) a projection of funding sources needed to complete implementation. new text end
new text begin This is a onetime appropriation and is available until June 30, 2018. new text end
new text begin The board shall coordinate development of the working lands watershed restoration plan with stakeholders and the commissioners of natural resources, agriculture, and the Pollution Control Agency. The board must submit an interim report by October 15, 2017, and the feasibility study and program plan by February 1, 2018, to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over agriculture, natural resources, and environment policy and finance and to the Clean Water Council. new text end
Sec. 5.new text begin LEGISLATURE new text end |
new text begin $ new text end | new text begin 25,000 new text end | new text begin $ new text end | new text begin -0- new text end | ||
new text begin $25,000 the first year is from the Minnesota future resources fund to the Legislative Coordinating Commission for the Aggregate Resources Task Force established in this act. This is a onetime appropriation and is available until June 30, 2018. new text end
Sec. 6.new text begin ADMINISTRATION new text end |
new text begin $ new text end | new text begin 250,000 new text end | new text begin $ new text end | new text begin -0- new text end | ||
new text begin $250,000 the first year is from the state forest suspense account in the permanent school fund for the school trust lands director to initiate real estate development projects on school trust lands as determined by the school trust lands director. This is a onetime appropriation. new text end
Sec. 7.
Minnesota Statutes 2014, section 17.4982, subdivision 18a, is amended to read:
Subd. 18a.
Nonindigenous species.
"Nonindigenous species" means a species of fish or other aquatic life that is:
(1) not known to have been historically present in the state;
(2) not known to be naturally occurring in a particular part of the state; or
(3) deleted text begin listeddeleted text end new text begin designatednew text end by rule as a prohibited or regulated invasive species.
Sec. 8.
Minnesota Statutes 2014, section 84.027, subdivision 13, is amended to read:
Subd. 13.
Game and fish rules.
(a) The commissioner of natural resources may adopt rules under sections 97A.0451 to 97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and areas, to close seasons and areas, to select hunters for areas, to provide for tagging and registration of game and fish, to prohibit or allow taking of wild animals to protect a species, to prevent or control wildlife disease, to open or close bodies of water or portions of bodies of water for night bow fishing, and to prohibit or allow importation, transportation, or possession of a wild animal;
(2) sections 84.093, 84.15, and 84.152 to set seasons for harvesting wild ginseng roots and wild rice and to restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to deleted text begin listdeleted text end new text begin designatenew text end prohibited invasive species, regulated invasive species, new text begin and new text end unregulated nonnative speciesdeleted text begin ,deleted text end and new text begin to list new text end infested waters.
(b) If conditions exist that do not allow the commissioner to comply with sections 97A.0451 to 97A.0459, including the need to adjust season variables on an annual basis based upon current biological and harvest data, the commissioner may adopt a rule under this subdivision by submitting the rule to the attorney general for review under section 97A.0455, publishing a notice in the State Register and filing the rule with the secretary of state and the Legislative Coordinating Commission, and complying with section 97A.0459, and including a statement of the conditions and a copy of the rule in the notice. The conditions for opening a water body or portion of a water body for night bow fishing under this section may include the need to temporarily open the area to evaluate compatibility of the activity on that body of water prior to permanent rulemaking. The notice may be published after it is received from the attorney general or five business days after it is submitted to the attorney general, whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon publishing in the State Register and may be effective up to seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the commissioner publishes the rule once in a legal newspaper published in Minneapolis, St. Paul, and Duluth, or for a rule that affects three or fewer counties the commissioner publishes the rule once in a legal newspaper in each of the affected counties.
(d) Except as provided in paragraph (e), a rule published under paragraph (c), clause (3), may not be effective earlier than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may be effective the day the rule is published if the commissioner gives notice and holds a public hearing on the rule within 15 days before publication.
(f) The commissioner shall attempt to notify persons or groups of persons affected by rules adopted under paragraphs (b) and (c) by public announcements, posting, and other appropriate means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under this subdivision is effective for the period stated in the notice but not longer than 18 months after the rule is effective.
Sec. 9.
Minnesota Statutes 2015 Supplement, section 84.027, subdivision 13a, is amended to read:
Subd. 13a.
Game and fish expedited permanent rules.
(a) In addition to the authority granted in subdivision 13, the commissioner of natural resources may adopt rules under section 14.389 that are authorized under:
(1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to designate fish spawning beds or fish preserves, to select hunters or anglers for areas, to provide for registration of game or fish, to prevent or control wildlife disease, or to correct errors or omissions in rules that do not have a substantive effect on the intent or application of the original rule; or
(2) section 84D.12 to deleted text begin listdeleted text end new text begin designatenew text end prohibited invasive species, regulated invasive species, and unregulated nonnative species.
(b) The commissioner of natural resources may adopt rules under section 14.389 that are authorized under chapters 97A, 97B, and 97C, for purposes in addition to those listed in paragraph (a), clause (1), subject to the notice and public hearing provisions of section 14.389, subdivision 5.
Sec. 10.
Minnesota Statutes 2014, section 84.091, subdivision 2, is amended to read:
Subd. 2.
License required; deleted text begin exceptiondeleted text end new text begin exemptionsnew text end .
(a) Except as provided in deleted text begin paragraph (b)deleted text end new text begin this subdivisionnew text end , a person may not harvest, buy, sell, transport, or possess aquatic plants without a license required under this chapter. A license shall be issued in the same manner as provided under the game and fish laws.
(b) A resident under the age of 18 years may harvest wild rice without a license, if accompanied by a person with a wild rice license.
new text begin (c) Tribal band members who possess a valid tribal identification card from a federally recognized tribe located in Minnesota are deemed to have a license to harvest wild rice under this section. new text end
Sec. 11.
Minnesota Statutes 2014, section 84.798, subdivision 2, is amended to read:
Subd. 2.
Exemptions.
Registration is not required for an off-road vehicle that is:
(1) owned and used by the United States, an Indian tribal government, the state, another state, or a political subdivision; deleted text begin ordeleted text end
(2) registered in another state or country and has not been in this state for more than 30 consecutive daysnew text begin ; ornew text end
new text begin (3) operated with a valid state trail pass according to section 84.8035new text end .
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective January 1, 2017. new text end
Sec. 12.
Minnesota Statutes 2014, section 84.8035, is amended to read:
84.8035 deleted text begin NONRESIDENTdeleted text end OFF-ROAD VEHICLE STATE TRAIL PASS.
Subdivision 1.
Pass required; fee.
(a) new text begin Except as provided under paragraph (c), new text end a deleted text begin nonresidentdeleted text end new text begin personnew text end may not operate an off-road vehicle on a state or grant-in-aid off-road vehicle trail new text begin or use area new text end unless the vehicle displays deleted text begin a nonresidentdeleted text end new text begin annew text end off-road vehicle state trail pass sticker issued according to this section. The pass must be viewable by a peace officer, a conservation officer, or an employee designated under section 84.0835.
(b) deleted text begin The fee for an annual pass is $20. The pass is valid from January 1 through December 31. The fee for a three-year pass is $30.deleted text end The commissioner of natural resources shall issue a pass upon application and payment of the fee. Fees collected under this section, except for the issuing fee for licensing agents, shall be deposited in the state treasury and credited to the off-road vehicle account in the natural resources fund and, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to counties and municipalities for off-road vehicle organizations to construct and maintain off-road vehicle trails and use areas.
(c) deleted text begin A nonresidentdeleted text end new text begin Annew text end off-road vehicle state trail pass is not required for:
(1) an off-road vehicle that is owned and used by the United States, another state, or a political subdivision thereof that is exempt from registration under section 84.798, subdivision 2;
(2) a person operating an off-road vehicle only on the portion of a trail that is owned by the person or the person's spouse, child, or parent; or
(3) a deleted text begin nonresidentdeleted text end new text begin personnew text end operating an off-road vehicle that is registered according to section 84.798.
new text begin (d) The fee for an annual nonresident off-road vehicle state trail pass is $20. The nonresident pass is valid from January 1 through December 31. The fee for a nonresident three-year pass is $30. new text end
new text begin (e) The fee for a resident off-road vehicle state trail pass is $20. The resident pass is valid for 30 consecutive days after the date of issuance. new text end
Subd. 2.
License agents.
The commissioner may appoint agents to issue and sell deleted text begin nonresidentdeleted text end off-road vehicle state trail passes. The commissioner may revoke the appointment of an agent at any time. The commissioner may adopt additional rules as provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted by the commissioner for accounting and handling of passes pursuant to section 97A.485, subdivision 11. An agent shall promptly deposit and remit all money received from the sale of the passes, exclusive of the issuing fee, to the commissioner.
Subd. 3.
Issuance of passes.
The commissioner and agents shall issue and sell deleted text begin nonresidentdeleted text end off-road vehicle state trail passes. The commissioner shall also make the passes available through the electronic licensing system established under section 84.027, subdivision 15.
Subd. 4.
Agent's fee.
In addition to the fee for a pass, an issuing fee of $1 per pass shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for passes issued by the commissioner shall be deposited in the off-road vehicle account in the natural resources fund and retained for the operation of the electronic licensing system.
Subd. 5.
Duplicate passes.
The commissioner and agents shall issue a duplicate pass to persons whose pass is lost or destroyed using the process established under section 97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate deleted text begin nonresidentdeleted text end off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective January 1, 2017. new text end
Sec. 13.
Minnesota Statutes 2014, section 84D.01, subdivision 2, is amended to read:
Subd. 2.
Aquatic macrophyte.
"Aquatic macrophyte" means new text begin macro algae ornew text end a macroscopic nonwoody plant, either a submerged, floating leafed, floating, or emergent plant that naturally grows in water.
Sec. 14.
Minnesota Statutes 2014, section 84D.05, subdivision 1, is amended to read:
Subdivision 1.
Prohibited activities.
A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited invasive species, except:
(1) under a permit issued by the commissioner under section 84D.11;
(2) in the case of purple loosestrife, as provided by sections 18.75 to 18.88;
(3) under a restricted species permit issued under section 17.457;
(4) when being transported to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;
(5) when being transported for disposal as part of a harvest or control activity when specifically authorized under a permit issued by the commissioner according to section 103G.615, when being transported for disposal as specified under a commercial fishing license issued by the commissioner according to section 97A.418, 97C.801, 97C.811, 97C.825, 97C.831, or 97C.835, or when being transported as specified by the commissioner;
deleted text begin (6) when the specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise secured in a sealed container; deleted text end
deleted text begin (7) in the form of herbaria or other preserved specimens; deleted text end
deleted text begin (8)deleted text end new text begin (6)new text end when being removed from watercraft and equipment, or caught while angling, and immediately returned to the water from which they came; or
deleted text begin (9)deleted text end new text begin (7)new text end as the commissioner may otherwise prescribe by rule.
Sec. 15.
new text begin [84D.075] NONNATIVE SPECIES, AQUATIC PLANTS, AND AQUATIC MACROPHYTES; PARTS AND LIFE STAGE. new text end
new text begin A law relating to a nonnative species, aquatic plant, or aquatic macrophyte applies in the same manner to a part of a nonnative species, aquatic plant, or aquatic macrophyte, whether alive or dead, and to any life stage or form. new text end
Sec. 16.
Minnesota Statutes 2014, section 84D.09, subdivision 2, is amended to read:
Subd. 2.
Exceptions.
Unless otherwise prohibited by law, a person may transport aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) for purposes of constructing shooting or observation blinds in amounts sufficient for that purpose, provided that the aquatic macrophytes are emergent and cut above the waterline;
(3) when legally purchased or traded by or from commercial or hobbyist sources for aquarium, wetland or lakeshore restoration, or ornamental purposes;
(4) when harvested for personal or commercial use if in a motor vehicle;
(5) to the department, or another destination as the commissioner may direct, in a sealed container for purposes of identifying a species or reporting the presence of a species;
(6) that are wild rice harvested under section 84.091;
(7) in the form of fragments of emergent aquatic macrophytes incidentally transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl season; deleted text begin ordeleted text end
(8) when removing water-related equipment from waters of the state for purposes of cleaning off aquatic macrophytes before leaving a water access sitedeleted text begin .deleted text end new text begin ; ornew text end
new text begin (9) when being transported from riparian property to a legal disposal site that is at least 100 feet from any surface water, ditch, or seasonally flooded land, provided the aquatic macrophytes are in a covered commercial vehicle specifically designed and used for hauling trash. new text end
Sec. 17.
Minnesota Statutes 2014, section 84D.10, subdivision 4, is amended to read:
Subd. 4.
Persons transporting water-related equipment.
(a) When leaving deleted text begin watersdeleted text end new text begin a waternew text end of the statenew text begin ,new text end a person must drain water-related equipment holding water and live wells and bilges by removing the drain plug before transporting the water-related equipment deleted text begin off the water access site or riparian propertydeleted text end .new text begin For the purposes of this paragraph, "transporting" includes moving water-related equipment over land between connected or unconnected water bodies, but does not include moving water-related equipment within the immediate area required for loading and preparing the water-related equipment for transport over land.new text end
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the water body.
(d) Portable bait containers used by licensed aquatic farms, portable bait containers when fishing through the ice except on waters listed infested for viral hemorrhagic septicemia, and marine sanitary systems are exempt from this subdivision.
(e) A person must not dispose of bait in waters of the state.
(f) A boat lift, dock, swim raft, or associated equipment that has been removed from any water body may not be placed in another water body until a minimum of 21 days have passed.
(g) A person who transports water that is appropriated from noninfested surface water bodies and that is transported by a commercial vehicle, excluding watercraft, or commercial trailer, which vehicle or trailer is specifically designed and used for water hauling, is exempt from paragraphs (a) and (b), provided that the person does not discharge the transported water to other surface waters or within 100 feet of a surface water body.
(h) A person transporting water from noninfested surface water bodies for firefighting or emergencies that threaten human safety or property is exempt from paragraphs (a) and (b).
Sec. 18.
Minnesota Statutes 2014, section 84D.108, is amended by adding a subdivision to read:
new text begin Subd. 2a. new text end
new text begin Lake Minnetonka pilot study. new text end
new text begin (a) The commissioner may issue an additional permit to service providers to return to Lake Minnetonka water-related equipment with zebra mussels attached after the equipment has been seasonally stored, serviced, or repaired. The permit must include verification and documentation requirements and any other conditions the commissioner deems necessary. new text end
new text begin (b) Water-related equipment with zebra mussels attached may be returned only to Lake Minnetonka (DNR Division of Waters number 27-0133) by service providers permitted under subdivision 1. new text end
new text begin (c) The service provider's place of business must be within the Lake Minnetonka Conservation District as established according to sections 103B.601 to 103B.645. new text end
new text begin (d) A service provider applying for a permit under this subdivision must, if approved for a permit and before the permit is valid, furnish a corporate surety bond in favor of the state for $50,000 payable upon violation of this chapter. new text end
new text begin (e) This subdivision expires December 1, 2018. new text end
Sec. 19.
Minnesota Statutes 2015 Supplement, section 84D.11, subdivision 1, is amended to read:
Subdivision 1.
Prohibited invasive species.
new text begin (a) new text end The commissioner may issue a permit for the propagation, possession, importation, purchase, or transport of a prohibited invasive species for the purposes of disposal, decontamination, control, research, or education.
new text begin (b) The commissioner may issue a permit as provided under section 84D.108, subdivision 2a, to a service provider to allow water-related equipment to be placed back into the same body of water after being seasonally stored, serviced, or repaired by the service provider. This paragraph expires December 1, 2018. new text end
Sec. 20.
Minnesota Statutes 2014, section 84D.13, subdivision 4, is amended to read:
Subd. 4.
Warnings; civil citations.
After appropriate training, conservation officers, other licensed peace officers, and other department personnel designated by the commissioner may issue warnings or citations to a person who:
(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
(2) unlawfully places or attempts to place into waters of the state water-related equipment that has aquatic macrophytes or prohibited invasive species attached;
(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed by rule, Eurasian watermilfoil;
(4) fails to remove plugs, open valves, and drain water from water-related equipment before leaving waters of the state or when transporting water-related equipment as provided in section 84D.10, subdivision 4; deleted text begin ordeleted text end
(5) transports infested water, in violation of rule, off riparian propertydeleted text begin .deleted text end new text begin ;new text end
new text begin (6) fails to comply with a decontamination order when a decontamination unit is available on site; new text end
new text begin (7) fails to complete decontamination of water-related equipment or to remove invasive species from water-related equipment by the date specified on a tagging notice and order; or new text end
new text begin (8) fails to complete the aquatic invasive species offender training course required under section 86B.13. new text end
Sec. 21.
Minnesota Statutes 2015 Supplement, section 84D.13, subdivision 5, is amended to read:
Subd. 5.
Civil penalties.
(a) A civil citation issued under this section must impose the following penalty amounts:
(1) for transporting aquatic macrophytes in violation of section 84D.09, $100;
(2) for placing or attempting to place into waters of the state water-related equipment that has aquatic macrophytes attached, $200;
(3) for unlawfully possessing or transporting a prohibited invasive species other than an aquatic macrophyte, $500;
(4) for placing or attempting to place into waters of the state water-related equipment that has prohibited invasive species attached when the waters are not listed by the commissioner as being infested with that invasive species, $500;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as prescribed by rule, Eurasian watermilfoil, $100;
(6) for failing to have drain plugs or similar devices removed or opened while transporting water-related equipment or for failing to remove plugs, open valves, and drain water from water-related equipment, other than marine sanitary systems, before leaving waters of the state, $100;
(7) for transporting infested water off riparian property without a permit as required by rule, $200; deleted text begin anddeleted text end
(8) for failing to have aquatic invasive species affirmation displayed or available for inspection as provided in sections 86B.401 and 97C.301, subdivision 2a, $25deleted text begin .deleted text end new text begin ;new text end
new text begin (9) for failing to comply with a decontamination order when a decontamination unit is available on site, $250; new text end
new text begin (10) for failing to complete decontamination of water-related equipment or to remove invasive species from water-related equipment by the date specified on a tagging notice and order, $250; and new text end
new text begin (11) for failing to complete the aquatic invasive species offender training course required under section 86B.13, $25. new text end
(b) A civil citation that is issued to a person who has one or more prior convictions or final orders for violations of this chapter is subject to twice the penalty amounts listed in paragraph (a).
Sec. 22.
Minnesota Statutes 2014, section 85.015, subdivision 13, is amended to read:
Subd. 13.
Arrowhead Region Trails, Cook, Lake, St. Louis, Pine, Carlton, Koochiching, and Itasca Counties.
(a)(1) The Taconite Trail shall originate at Ely in St. Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in Itasca County and there terminate;
(2) the C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand Marais in Cook County, thence northeasterly to the international boundary in the vicinity of the north shore of Lake Superior, and there terminate;
(3) deleted text begin The Grand Marais to International Falls Trail shall originate in Grand Marais in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. Louis County to International Falls in Koochiching County, and there terminatedeleted text end new text begin the David Dill/Arrowhead Trail shall originate at International Falls in Koochiching County and extend southeasterly through the Pelican Lake area in St. Louis County, intersecting with the Taconite Trail west of Tower; then the David Dill/Taconite Trail continues easterly to Ely in St. Louis County; then the David Dill/Tomahawk Trail extends southeasterly, outside the Boundary Waters Canoe Area, to the area of Little Marais in Lake County and there terminates at the intersection with the C. J. Ramstad/Northshore Trailnew text end ;new text begin andnew text end
(4) the Matthew Lourey Trail shall originate in Duluth in St. Louis County and extend southerly to Chengwatana State Forest in Pine County.
(b) The trails shall be developed primarily for riding and hiking.
(c) In addition to the authority granted in subdivision 1, lands and interests in lands for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring any land or interest in land by eminent domain the commissioner of administration shall obtain the approval of the governor. The governor shall consult with the Legislative Advisory Commission before granting approval. Recommendations of the Legislative Advisory Commission shall be advisory only. Failure or refusal of the commission to make a recommendation shall be deemed a negative recommendation.
Sec. 23.
Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision to read:
new text begin Subd. 4a. new text end
new text begin Enclosed accommodation compartment. new text end
new text begin "Enclosed accommodation compartment" means one contiguous space, surrounded by boat structure that contains all of the following: new text end
new text begin (1) designated sleeping accommodations; new text end
new text begin (2) a galley area with sink; and new text end
new text begin (3) a head compartment. new text end
Sec. 24.
Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision to read:
new text begin Subd. 4b. new text end
new text begin Enclosed occupancy compartment. new text end
new text begin "Enclosed occupancy compartment" means one contiguous enclosed space surrounded by boat structure that may be occupied by a person. new text end
Sec. 25.
Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision to read:
new text begin Subd. 8a. new text end
new text begin Marine carbon monoxide detection system. new text end
new text begin "Marine carbon monoxide detection system" means a device or system that meets the requirements of the American Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems. new text end
Sec. 26.
new text begin [86B.532] CARBON MONOXIDE DETECTION DEVICE REQUIREMENTS. new text end
new text begin Subdivision 1. new text end
new text begin Requirements. new text end
new text begin (a) No motorboat that has an enclosed accommodation compartment may be operated on any waters of the state unless the motorboat is equipped with a functioning marine carbon monoxide detection system installed according to the manufacturer's instructions. new text end
new text begin (b) After the effective date of this section, no new motorboat that has an enclosed accommodation compartment may be sold or offered for sale in Minnesota unless the motorboat is equipped with a new functioning marine carbon monoxide detection system installed according to the manufacturer's instructions. new text end
new text begin Subd. 2. new text end
new text begin Boating safety courses. new text end
new text begin All state-sponsored boating safety courses and all boating safety courses that require state approval by the commissioner must incorporate information about the dangers of being overcome by carbon monoxide poisoning while on or behind a motorboat and how to prevent that poisoning. new text end
new text begin Subd. 3. new text end
new text begin Carbon monoxide poisoning warning labels. new text end
new text begin (a) No gasoline-powered motorboat that has an enclosed occupancy compartment may be operated on any waters of the state unless labels warning of carbon monoxide dangers are affixed in the vicinity of: the aft reboarding/stern area, the steering station, and in or at the entrance to any enclosed occupancy compartment. new text end
new text begin (b) For a motorboat sold by a dealer, the dealer must ensure that specified warning labels have been affixed before completion of the transaction. new text end
new text begin (c) Warning labels approved by the American Boat and Yacht Council, National Marine Manufacturers Association, or the commissioner satisfy the requirements of this section when installed as specified. new text end
new text begin Subd. 4. new text end
new text begin License agents; distribution. new text end
new text begin The commissioner shall mail the information and labels to all owners of motorboats that are 19 feet and greater in length the first year. The commissioner must also provide license agents with informational brochures and warning labels about the dangers of carbon monoxide poisoning while boating. A license agent must make the brochure and labels available to motorboat owners and make efforts to inform new owners of the requirement. The commissioner shall highlight the new requirements on the watercraft renewal reminder postcard for three consecutive three-year license cycles and in the Minnesota Boating Guide. The brochure must instruct motorboat owners to place the labels according to subdivision 3, and inform motorboat owners of carbon monoxide dangers of gasoline-powered generators. new text end
new text begin Subd. 5. new text end
new text begin Safety warning. new text end
new text begin A first violation of this section shall not result in a penalty, but is punishable only by a safety warning. A second or subsequent violation is a petty misdemeanor. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective May 1, 2017. new text end
Sec. 27.
new text begin [86B.841] TRANSFER-ON-DEATH TITLE TO WATERCRAFT. new text end
new text begin Subdivision 1. new text end
new text begin Titled as transfer-on-death. new text end
new text begin A natural person who is the owner of a watercraft may have the watercraft titled in transfer-on-death or TOD form by including in the application for the certificate of title a designation of a beneficiary or beneficiaries to whom the watercraft must be transferred on death of the owner or the last survivor of joint owners with rights of survivorship, subject to the rights of secured parties. new text end
new text begin Subd. 2. new text end
new text begin Designation of beneficiary. new text end
new text begin A watercraft is registered in transfer-on-death form by designating on the certificate of title the name of the owner and the names of joint owners with identification of rights of survivorship, followed by the words "transfer-on-death to (name of beneficiary or beneficiaries)." The designation "TOD" may be used instead of "transfer-on-death." A title in transfer-on-death form is not required to be supported by consideration, and the certificate of title in which the designation is made is not required to be delivered to the beneficiary or beneficiaries in order for the designation to be effective. new text end
new text begin Subd. 3. new text end
new text begin Interest of beneficiary. new text end
new text begin The transfer-on-death beneficiary or beneficiaries have no interest in the watercraft until the death of the owner or the last survivor of joint owners with rights of survivorship. A beneficiary designation may be changed at any time by the owner or by all joint owners with rights of survivorship, without the consent of the beneficiary or beneficiaries, by filing an application for a new certificate of title. new text end
new text begin Subd. 4. new text end
new text begin Vesting of ownership in beneficiary. new text end
new text begin Ownership of a watercraft titled in transfer-on-death form vests in the designated beneficiary or beneficiaries on the death of the owner or the last of the joint owners with rights of survivorship, subject to the rights of secured parties. The transfer-on-death beneficiary or beneficiaries who survive the owner may apply for a new certificate of title to the watercraft upon submitting a certified death record of the owner of the watercraft. If no transfer-on-death beneficiary or beneficiaries survive the owner of a watercraft, the watercraft must be included in the probate estate of the deceased owner. A transfer of a watercraft to a transfer-on-death beneficiary or beneficiaries is not a testamentary transfer. new text end
new text begin Subd. 5. new text end
new text begin Rights of creditors. new text end
new text begin (a) This section does not limit the rights of any secured party or creditor of the owner of a watercraft against a transfer-on-death beneficiary or beneficiaries. new text end
new text begin (b) The state or a county agency with a claim or lien authorized by section 246.53, 256B.15, 261.04, or 270C.63, is a creditor for purposes of this subdivision. A claim or lien under those sections continues to apply against the designated beneficiary or beneficiaries after the transfer under this section if other assets of the deceased owner's estate are insufficient to pay the amount of the claim. The claim or lien continues to apply to the watercraft until the designated beneficiary sells or transfers it to a person against whom the claim or lien does not apply and who did not have actual notice or knowledge of the claim or lien. new text end
Sec. 28.
Minnesota Statutes 2014, section 88.01, is amended by adding a subdivision to read:
new text begin Subd. 28. new text end
new text begin Prescribed burn. new text end
new text begin "Prescribed burn" means a fire that is intentionally ignited, managed, and controlled by an entity meeting certification requirements established by the commissioner for the purpose of managing vegetation. A prescribed burn that has exceeded its prescribed boundaries and requires suppression action is considered a wildfire. new text end
Sec. 29.
Minnesota Statutes 2014, section 88.22, subdivision 1, is amended to read:
Subdivision 1.
Imposition of restrictions.
(a) Road closure. When the commissioner of natural resources shall determine that conditions conducive to wildfire hazards exist in the wildfire areas of the state and that the presence of persons in the wildlife areas tends to aggravate wildfire hazards, render forest trails impassable by driving thereon during wet seasons and hampers the effective enforcement of state timber trespass and game laws, the commissioner may by written order, close any road or trail leading into any land used for any conservation purposes, to all modes of travel except that considered essential such as residents traveling to and from their homes or in other cases to be determined by the authorized forest officers assigned to guard the area.
(b) Burning ban. The commissioner may also, upon such determination, by written order, suspend the issuance of permits for open firesnew text begin or prescribed burnsnew text end , revoke or suspend the operation of a permit previously issued and, to the extent the commissioner deems necessary, prohibit the building of all or some kinds of open fires new text begin or prescribed burns new text end in all or any part of a wildfire area regardless of whether a permit is otherwise required; and the commissioner also may, by written order, prohibit smoking except at places of habitation or automobiles or other enclosed vehicles properly equipped with an efficient ash tray.
Sec. 30.
Minnesota Statutes 2014, section 89.0385, is amended to read:
89.0385 FOREST MANAGEMENT INVESTMENT ACCOUNT; COST CERTIFICATION.
(a) The commissioner shall certify the total costs incurred for forest management, forest improvement, and road improvement on state-managed lands during each fiscal year. The commissioner shall distribute forest management receipts credited to various accounts according to this section.
(b) The amount of the certified costs incurred for forest management activities on state lands shall be transferred from the account where receipts are deposited to the forest management investment account in the natural resources fund, except for those costs certified under section 16A.125. Transfers may occur quarterly, based on quarterly cost and revenue reports, throughout the fiscal year, with final certification and reconciliation after each fiscal year. Transfers in a fiscal year cannot exceed receipts credited to the account.
new text begin (c) The amount of the certified costs incurred for forest management activities on nonstate lands managed under a good neighbor or joint powers agreement must be transferred from the account where receipts are deposited to the forest management investment account in the natural resources fund. Transfers for costs incurred may occur after projects or timber permits are finalized. new text end
Sec. 31.
Minnesota Statutes 2014, section 93.0015, subdivision 3, is amended to read:
Subd. 3.
Expiration.
The committee expires June 30, deleted text begin 2016deleted text end new text begin 2026new text end .
Sec. 32.
Minnesota Statutes 2014, section 93.2236, is amended to read:
93.2236 MINERALS MANAGEMENT ACCOUNT.
(a) The minerals management account is created as an account in the natural resources fund. Interest earned on money in the account accrues to the account. Money in the account may be spent or distributed only as provided in paragraphs (b) and (c).
(b) If the balance in the minerals management account exceeds $3,000,000 on new text begin March 31, new text end June 30, new text begin September 30, or December 31, new text end the amount exceeding $3,000,000 must be distributed to the permanent school fund, the permanent university fund, and taxing districts as provided in section 93.22, subdivision 1, paragraph (c). The amount distributed to each fund must be in the same proportion as the total mineral lease revenue received in the previous biennium from school trust lands, university lands, and lands held by the state in trust for taxing districts.
(c) Subject to appropriation by the legislature, money in the minerals management account may be spent by the commissioner of natural resources for mineral resource management and projects to enhance future mineral income and promote new mineral resource opportunities.
Sec. 33.
Minnesota Statutes 2014, section 94.3495, subdivision 2, is amended to read:
Subd. 2.
Classes of land; definitions.
new text begin (a) new text end The classes of public land that may be involved in an expedited exchange under this section are:
(1) Class 1 land, which for the purpose of this section is Class A land as defined in section 94.342, subdivision 1deleted text begin , except for:deleted text end new text begin ;new text end
deleted text begin (i) school trust land as defined in section 92.025; and deleted text end
deleted text begin (ii) university land granted to the state by acts of Congress; deleted text end
(2) Class 2 land, which for the purpose of this section is Class B land as defined in section 94.342, subdivision 2; and
(3) Class 3 land, which for the purpose of this section is all land owned in fee by a governmental subdivision of the state.
new text begin (b) "School trust land" has the meaning given in section 92.025. new text end
new text begin (c) "University land" means land granted to the state by acts of Congress for university purposes. new text end
Sec. 34.
Minnesota Statutes 2014, section 94.3495, subdivision 3, is amended to read:
Subd. 3.
Valuation of land.
(a) In an exchange of Class 1 land for Class 2 or 3 land, the value of all the land shall be determined by the commissioner of natural resourcesnew text begin , but the county board must approve the value determined for the Class 2 land, and the governmental subdivision of the state must approve the value determined for the Class 3 landnew text end . In an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined by the county board of the county in which the land liesnew text begin , but the governmental subdivision of the state must approve the value determined for the Class 3 landnew text end .
new text begin (b)new text end To determine the value of the land, the parties to the exchange may new text begin either (1) new text end cause the land to be appraised, deleted text begin utilize the valuation process provided under section 84.0272, subdivision 3, or obtain a market analysis from a qualified real estate brokerdeleted text end new text begin or (2) determine the value for each 40-acre tract or lot, or a portion thereof, using the most current township or county assessment schedules for similar land types from the county assessor of the county in which the lands are locatednew text end . Merchantable timber value deleted text begin mustdeleted text end new text begin shouldnew text end be deleted text begin determined anddeleted text end considered in finalizing valuation of the lands.
deleted text begin (b) Alldeleted text end new text begin (c) Except for school trust lands and university lands, thenew text end lands exchanged under this section shall be exchanged only for lands of at least substantially equal value. For the purposes of this subdivision, "substantially equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b). No payment is due either party if the landsnew text begin , other than school trust lands or university lands, new text end are of substantially equal value but are not of the same value.
new text begin (d) School trust lands and university lands exchanged under this section must be exchanged only for lands of equal or greater value. new text end
Sec. 35.
Minnesota Statutes 2014, section 94.3495, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Reversionary interest;deleted text end Mineral and water power rights and other reservations.
deleted text begin (a) All deeds conveying land given in an expedited land exchange under this section shall include a reverter that provides that title to the land automatically reverts to the conveying governmental unit if: deleted text end
deleted text begin (1) the receiving governmental unit sells, exchanges, or otherwise transfers title of the land within 40 years of the date of the deed conveying ownership; and deleted text end
deleted text begin (2) there is no prior written approval for the transfer from the conveying governmental unit. The authority for granting approval is the commissioner of natural resources for former Class 1 land, the county board for former Class 2 land, and the governing body for former Class 3 land. deleted text end
deleted text begin (b)deleted text end Class 1 land given in exchange is subject to the reservation provisions of section 94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation provisions of section 94.344, subdivision 4. County fee land given in exchange is subject to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
Sec. 36.
Minnesota Statutes 2014, section 97A.075, subdivision 7, is amended to read:
Subd. 7.
Wolf licenses; account established.
(a) For purposes of this subdivision, "wolf license" means a license or permit issued under section 97A.475, subdivision 2, clause (20); 3, paragraph (a), clause (16); or 20, paragraph (b).
(b) A wolf management and monitoring account is created in the game and fish fund. Revenue from wolf licenses must be credited to the wolf management and monitoring account and is appropriated to the commissioner only for wolf management, research, damage control, enforcement, and education.new text begin Notwithstanding any other law to the contrary, money credited to the account may not be used to pay indirect costs or agency shared services.new text end
Sec. 37.
Minnesota Statutes 2014, section 97A.405, subdivision 2, is amended to read:
Subd. 2.
Personal possession.
(a) A person acting under a license or traveling from an area where a licensed activity was performed must have in personal possession either: (1) the proper license, if the license has been issued to and received by the person; new text begin (2) a driver's license or Minnesota identification card that bears a valid designation of the proper lifetime license, as provided under section 171.07, subdivision 19; new text end or deleted text begin (2)deleted text end new text begin (3)new text end the proper license identification number or stamp validation, if the license has been sold to the person by electronic means but the actual license has not been issued and received.
(b) If possession of a license or a license identification number is required, a person must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper license if the license has been issued to and received by the person; new text begin (2) a driver's license or Minnesota identification card that bears a valid designation of the proper lifetime license, as provided under section 171.07, subdivision 19; new text end or deleted text begin (2)deleted text end new text begin (3)new text end the proper license identification number or stamp validation and a valid state driver's license, state identification card, or other form of identification provided by the commissioner, if the license has been sold to the person by electronic means but the actual license has not been issued and received. A person charged with violating the license possession requirement shall not be convicted if the person produces in court or the office of the arresting officer, the actual license previously issued to that person, which was valid at the time of arrest, or satisfactory proof that at the time of the arrest the person was validly licensed. Upon request of a conservation officer or peace officer, a licensee shall write the licensee's name in the presence of the officer to determine the identity of the licensee.
(c) new text begin Except as provided in paragraph (a), clause (2), new text end if the actual license has been issued and received, a receipt for license fees, a copy of a license, or evidence showing the issuance of a license, including the license identification number or stamp validation, does not entitle a licensee to exercise the rights or privileges conferred by a license.
(d) A license issued electronically and not immediately provided to the licensee shall be mailed to the licensee within 30 days of purchase of the license. A pictorial migratory waterfowl, pheasant, trout and salmon, or walleye stamp shall be provided to the licensee after purchase of a stamp validation only if the licensee pays an additional fee that covers the costs of producing and mailing a pictorial stamp. A pictorial turkey stamp may be purchased for a fee that covers the costs of producing and mailing the pictorial stamp. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees for providing the pictorial stamps. The fees must be set in an amount that does not recover significantly more or less than the cost of producing and mailing the stamps. The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective January 1, 2018, or on the date the Department of Public Safety implements the Minnesota Licensing and Registration System (MNLARS), whichever occurs first. new text end
Sec. 38.
Minnesota Statutes 2014, section 97A.465, is amended by adding a subdivision to read:
new text begin Subd. 8. new text end
new text begin Nonresident active members of National Guard. new text end
new text begin A nonresident that is an active member of the state's National Guard may obtain a resident license to take fish or game. This subdivision does not apply to the taking of moose or elk. new text end
Sec. 39.
Minnesota Statutes 2014, section 171.07, is amended by adding a subdivision to read:
new text begin Subd. 19. new text end
new text begin Resident lifetime game and fish license. new text end
new text begin (a) The department shall maintain in its records information transmitted electronically from the commissioner of natural resources identifying each person to whom the commissioner has issued a resident lifetime license under section 97A.473. The records transmitted from the Department of Natural Resources must contain: new text end
new text begin (1) the full name and date of birth as required for the driver's license or identification card; new text end
new text begin (2) the person's driver's license or identification card number; new text end
new text begin (3) the category of lifetime license issued under section 97A.473; and new text end
new text begin (4) the Department of Natural Resources customer identification number. new text end
new text begin (b) The department may delete records described in paragraph (a) if they have not been matched to a driver's license or identification card record within seven years after transmission to the department. new text end
new text begin (c) Except as provided in paragraph (b), the department shall include, on all drivers' licenses or Minnesota identification cards issued to a person who holds a lifetime license, a graphic or written designation of the lifetime license, and the category of the lifetime license. new text end
new text begin (d) If a person with a lifetime license under section 97A.473 applies for a driver's license or Minnesota identification card before that information has been transmitted to the department, the department may accept a copy of the license issued under section 97A.473 as proof of its issuance and shall then follow the procedures in paragraph (c). new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective January 1, 2018, or on the date the Department of Public Safety implements the Minnesota Licensing and Registration System (MNLARS), whichever occurs first. new text end
Sec. 40.
Laws 2014, chapter 312, article 12, section 6, subdivision 5, as amended by Laws 2015, First Special Session chapter 4, article 3, section 11, is amended to read:
Subd. 5.Fish and Wildlife Management |
-0- | 2,412,000 |
$3,000 in 2015 is from the heritage enhancement account in the game and fish fund for a report on aquatic plant management permitting policies for the management of narrow-leaved and hybrid cattail in a range of basin types across the state. The report shall be submitted to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by December 15, 2014, and include recommendations for any necessary changes in statutes, rules, or permitting procedures. This is a onetime appropriation.
$9,000 in 2015 is from the game and fish fund for the commissioner, in consultation with interested parties, agencies, and other states, to develop a detailed restoration plan to recover the historical native population of bobwhite quail in Minnesota for its ecological and recreational benefits to the citizens of the state. The commissioner shall conduct public meetings in developing the plan. No later than January 15, 2015, the commissioner must report on the plan's progress to the legislative committees with jurisdiction over environment and natural resources policy and finance. This is a onetime appropriation.
$2,000,000 in 2015 is from the game and fish fund for shooting sports facility grants under Minnesota Statutes, section 87A.10. The commissioner may spend up to $50,000 of this appropriation to administer the grant. This is a onetime appropriation and is available until June 30, 2017.
$400,000 in 2015 is from the heritage enhancement account in the game and fish fund for hunter and angler recruitment and retention activities and grants to local chapters of Let's Go Fishing of Minnesota to provide community outreach to senior citizens, youth, and veterans and for the costs associated with establishing and recruiting new chapters. The grants must be matched with cash or in-kind contributions from nonstate sources. Of this amount, $25,000 is for Asian deleted text begin Outdoor Heritage fordeleted text end youth fishing recruitment efforts and outreach in the metropolitan area. The commissioner shall establish a grant application process that includes a standard for ownership of equipment purchased under the grant program and contract requirements that cover the disposition of purchased equipment if the grantee no longer exists. Any equipment purchased with state grant money must be specified on the grant application and approved by the commissioner. The commissioner may spend up to three percent of the appropriation to administer the grant. This is a onetime appropriation and is available until June 30, deleted text begin 2016deleted text end new text begin 2017new text end .
Sec. 41.
Laws 2015, First Special Session chapter 4, article 3, section 3, subdivision 2, is amended to read:
Subd. 2.Land and Mineral Resources Management |
6,461,000 | 5,521,000 | ||||
| Appropriations by Fund | ||
| 2016 | 2017 | |
| General | 1,585,000 | 1,585,000 |
| Natural Resources | 3,332,000 | 3,392,000 |
| Game and Fish | 344,000 | 344,000 |
| Remediation | 1,000,000 | -0- |
| Permanent School | 200,000 | 200,000 |
$68,000 the first year and $68,000 the second year are for minerals cooperative environmental researchdeleted text begin , of which $34,000 the first year and $34,000 the second year are available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kinddeleted text end .
$251,000 the first year and $251,000 the second year are for iron ore cooperative research. Of this amount, $200,000 each year is from the minerals management account in the natural resources fund. deleted text begin $175,000 the first year and $175,000 the second year are deleted text end deleted text begin available only as matched by $1 of nonstate money for each $1 of state money. The match may be cash or in-kind.deleted text end Any unencumbered balance from the first year does not cancel and is available in the second year.
$2,755,000 the first year and $2,815,000 the second year are from the minerals management account in the natural resources fund for use as provided in Minnesota Statutes, section 93.2236, paragraph (c), for mineral resource management, projects to enhance future mineral income, and projects to promote new mineral resource opportunities.
$200,000 the first year and $200,000 the second year are from the state forest suspense account in the permanent school fund to accelerate land exchanges, land sales, and commercial leasing of school trust lands and to identify, evaluate, and lease construction aggregate located on school trust lands. This appropriation is to be used for securing long-term economic return from the school trust lands consistent with fiduciary responsibilities and sound natural resources conservation and management principles.
Notwithstanding Minnesota Statutes, section 115B.20, $1,000,000 the first year is from the dedicated account within the remediation fund for the purposes of Minnesota Statutes, section 115B.20, subdivision 2, clause (4), to acquire salt lands as described under Minnesota Statutes, section 92.05, within Bear Head Lake State Park. This is a onetime appropriation and is available until June 30, 2018.
Sec. 42.
Laws 2015, First Special Session chapter 4, article 3, section 3, subdivision 5, is amended to read:
Subd. 5.Parks and Trails Management |
74,064,000 | 73,650,000 | ||||
| Appropriations by Fund | ||
| 2016 | 2017 | |
| General | 24,967,000 | 24,427,000 |
| Natural Resources | 46,831,000 | 46,950,000 |
| Game and Fish | 2,266,000 | 2,273,000 |
$1,075,000 the first year and $1,075,000 the second year are from the water recreation account in the natural resources fund for enhancing public water access facilities.
$5,740,000 the first year and $5,740,000 the second year are from the natural resources fund for state trail, park, and recreation area operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (2).
$1,005,000 the first year and $1,005,000 the second year are from the natural resources fund for park and trail grants to local units of government on land to be maintained for at least 20 years for the purposes of the grants. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (e), clause (4). Any unencumbered balance does not cancel at the end of the first year and is available for the second year.new text begin Up to 2.5 percent of this appropriation may be used to administer the grants.new text end
$8,424,000 the first year and $8,424,000 the second year are from the snowmobile trails and enforcement account in the natural resources fund for the snowmobile grants-in-aid program. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
$1,360,000 the first year and $1,360,000 the second year are from the natural resources fund for the off-highway vehicle grants-in-aid program. Of this amount, $1,210,000 each year is from the all-terrain vehicle account; and $150,000 each year is from the off-highway motorcycle account. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
$75,000 the first year and $75,000 the second year are from the cross-country ski account in the natural resources fund for grooming and maintaining cross-country ski trails in state parks, trails, and recreation areas.
$250,000 the first year and $250,000 the second year are from the state land and water conservation account (LAWCON) in the natural resources fund for priorities established by the commissioner for eligible state projects and administrative and planning activities consistent with Minnesota Statutes, section 84.0264, and the federal Land and Water Conservation Fund Act. Any unencumbered balance does not cancel at the end of the first year and is available for the second year.
$968,000 the first year and $968,000 the second year are from the off-road vehicle account in the natural resources fund. Of this amount, $568,000 each year is for parks and trails management for off-road vehicle purposes; $325,000 each year is for the off-road vehicle grant in aid program; and $75,000 each year is for a new full-time employee position or contract in northern Minnesota to work in conjunction with the Minnesota Four-Wheel Drive Association to address off-road vehicle touring routes and other issues related to off-road vehicle activities. Of this appropriation, the $325,000 each year is onetime.
$65,000 the first year is from the water recreation account in the natural resources fund to cooperate with local units of government in marking routes and designating river accesses and campsites under Minnesota Statutes, section 85.32. This is a onetime appropriation and is available until June 30, 2019.
$190,000 the first year is for a grant to the city of Virginia for the additional cost of supporting a trail due to the rerouting of U.S. Highway No. 53. This is a onetime appropriation and is available until June 30, 2019.
$50,000 the first year is for development of a master plan for the Mississippi Blufflands Trail, including work on possible extensions or connections to other state or regional trails. This is a onetime appropriation that is available until June 30, 2017.
$61,000 from the natural resources fund the first year is for a grant to the city of East Grand Forks for payment under a reciprocity agreement for the Red River State Recreation Area.
$500,000 the first year is for restoration or replacement of a historic trestle bridge in Blackduck. This is a onetime appropriation and is available until June 30, 2019.
The base for parks and trails operations in the natural resources fund in fiscal year 2018 and thereafter is $46,450,000.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 43.
Laws 2015, First Special Session chapter 4, article 4, section 131, is amended to read:
Sec. 131.
SURPLUS STATE LAND SALES.
The school trust lands director shall identify, in consultation with the commissioner of natural resources, at least $5,000,000 in state-owned lands suitable for salenew text begin or exchange with school trust landsnew text end . The lands identified shall not be within a unit of the outdoor recreation system under Minnesota Statutes, section 86A.05, an administrative site, or trust land. The commissioner shall sell new text begin or exchange new text end at least $3,000,000 worth of lands identified under this section by June 30, 2017. new text begin Land exchanged under this section may be exchanged in accordance with Minnesota Statutes, section 94.3495. The value of the surplus land exchanged shall serve as compensation to the permanent school fund as provided under Minnesota Statutes, section 84.027, subdivision 18, paragraph (b). Notwithstanding the restrictions on sale of riparian land and the public sale provisions under Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner may offer the surplus land, including land bordering public water, for public or private sale. new text end Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or any other law to the contrary, deleted text begin the amountdeleted text end new text begin an amount equal to 90 percentnew text end of the proceeds from the sale of lands that exceeds the actual expenses of selling the lands must be deposited in the school trust lands account and used to extinguish the school trust interest as provided under Minnesota Statutes, section 92.83, on school trust lands that have public water access sites or old growth forests located on them.new text begin Notwithstanding Minnesota Statutes, section 92.83, the remaining ten percent of the proceeds must be used to fund transactional and legal work associated with the Boundary Waters Canoe Area Wilderness land exchange and sale projects under Minnesota Statutes, sections 92.80 and 92.82.new text end
Sec. 44.
new text begin COLD SPRING WATER APPROPRIATION PERMITS; REPORT. new text end
new text begin (a) The commissioner of natural resources shall amend the city of Cold Spring's water appropriation permit to allow an increase in the city's water withdrawal of 100 million gallons per year from city wells 4, 5, and 6, provided a combined reduction of ten million gallons per year is made from city well 3 or water appropriations under any permits held by brewing companies in the Cold Spring Creek area. The city and any other permit holder with permit modifications made under this section must comply with all existing reporting requirements and demonstrate that increased pumping does not result in violations of the Safe Drinking Water Act. The increases under this section are available on an interim basis, not to exceed five years, to allow the city to establish a long-term water supply solution for the city and area businesses. new text end
new text begin (b) The commissioner must conduct necessary monitoring of stream flow and water levels and develop a groundwater model to determine the amount of water that can be sustainably pumped in the area of Cold Spring Creek for area businesses, agriculture, and city needs. Beginning July 1, 2017, the commissioner must submit an annual progress report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources. The commissioner must submit a final report by January 15, 2022. new text end
Sec. 45.
new text begin MARINE CARBON MONOXIDE DETECTORS; REPORT. new text end
new text begin The commissioner of natural resources shall submit a report to the legislature by November 1, 2017. The report must outline any issues encountered relating to implementation of Minnesota Statutes, section 86B.532, any changes to marine manufacturing industry standards relating to carbon monoxide, the availability of plug-in or battery-powered marine certified carbon monoxide detectors, and best practices in preventing carbon monoxide poisoning relating to motorboat operation, including the feasibility of requiring carbon monoxide detectors that are more sensitive in measuring carbon monoxide than required in this act. new text end
Sec. 46.
new text begin PRESCRIBED BURN REQUIREMENTS; REPORT. new text end
new text begin The commissioner of natural resources, in cooperation with prescribed burning professionals, nongovernmental organizations, and local and federal governments, must develop criteria for certifying an entity to conduct a prescribed burn under a general permit. The certification requirements must include training, equipment, and experience requirements and include an apprentice program to allow entities without experience to become certified. The commissioner must establish provisions for decertifying entities. The commissioner must not require additional certification or requirements for burns conducted as part of normal agricultural practices not currently subject to prescribed burn specifications. The commissioner must submit a report with recommendations and any legislative changes needed to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources by January 15, 2017. new text end
Sec. 47.
new text begin SAND DUNES STATE FOREST; REPORT. new text end
new text begin (a) Until July 1, 2017, the commissioner of natural resources shall not log, enter into a logging contract, or otherwise remove trees for purposes of creating oak savanna in the Sand Dunes State Forest. This paragraph does not prohibit work done under contracts entered into before the effective date of this section or work on school trust lands. new text end
new text begin (b) By January 15, 2017, the commissioner must submit a report, prepared by the Division of Forestry, to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources with the Division of Forestry's progress on collaborating with local citizens and other stakeholders over the past year when making decisions that impact the landscape, including forest conversions and other clear-cutting activities, and the division's progress on other citizen engagement activities. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 48.
new text begin LAKE SERVICE PROVIDER FEASIBILITY REPORT. new text end
new text begin The commissioner of natural resources shall report to the chairs of the house of representatives and senate committees with jurisdiction over natural resources by January 15, 2019, regarding the feasibility of expanding permitting to service providers as described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in the state. The report must: new text end
new text begin (1) include recommendations for state and local resources needed to implement the program; new text end
new text begin (2) assess local government inspection roles under Minnesota Statutes, section 84D.105, subdivision 2, paragraph (g); and new text end
new text begin (3) assess whether mechanisms to ensure that water-related equipment placed back into the same body of water from which it was removed can adequately protect other water bodies. new text end
Sec. 49.
new text begin WORKERS' COMPENSATION FOR VOLUNTEERS; REPORT. new text end
new text begin By January 15, 2017, the commissioner of natural resources, in coordination with the commissioner of labor and industry and the Workers' Compensation Advisory Council, shall make recommendations to the chairs of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources on how to clarify the state's liability for workers' compensation in relation to volunteers of nonprofit organizations assisting with providing public services on lands administered by the commissioner of natural resources subject to Minnesota Statutes, section 175.007, subdivision 2. new text end
Sec. 50.
new text begin AGGREGATE RESOURCES TASK FORCE. new text end
new text begin Subdivision 1. new text end
new text begin Creation; membership. new text end
new text begin (a) The Aggregate Resources Task Force consists of eight members appointed as follows: new text end
new text begin (1) the speaker of the house shall appoint four members of the house of representatives to include two members of the majority party and two members of the minority party, with one member being the chair of the committee with jurisdiction over aggregate mining; and new text end
new text begin (2) the senate Subcommittee on Committees of the Committee on Rules and Administration shall appoint four members of the senate to include two members of the majority party and two members of the minority party, with one member being the chair of the committee or division with jurisdiction over natural resources finance. new text end
new text begin (b) The appointing authorities must make their respective appointments no later than July 15, 2016. new text end
new text begin (c) The first meeting of the task force must be convened by the chairs of the house of representatives and senate committees specified in paragraph (a) who will serve as cochairs of the task force. new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin The task force must study and provide recommendations on: new text end
new text begin (1) the Department of Natural Resources' and Metropolitan Council's aggregate mapping progress and needs; new text end
new text begin (2) the effectiveness of recent aggregate tax legislation and the use of the revenues collected by counties; new text end
new text begin (3) the use of state funds to preserve aggregate reserves; and new text end
new text begin (4) local land use and permitting issues, environmental review requirements, and the impacts of other state regulations on aggregate reserves. new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin No later than January 15, 2018, the task force shall submit a report to the chairs of the house of representatives and senate committees and divisions with jurisdiction over aggregate mining and natural resources finance containing the findings of the study. new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin The Aggregate Resources Task Force expires 45 days after the report and recommendations are delivered to the legislature or on June 30, 2018, whichever date is earlier. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 51.
new text begin APPROPRIATION REALLOCATION. new text end
new text begin Notwithstanding Laws 2013, chapter 137, article 3, section 4, paragraph (o), and Laws 2015, First Special Session chapter 2, article 3, section 4, paragraph (b), the Minneapolis Park and Recreation Board may allocate its share of the distribution of fiscal years 2016 and 2017 funds under Minnesota Statutes, section 85.53, subdivision 3, to the Minneapolis Chain of Lakes, Mississippi Gorge, Above the Falls, and Central Mississippi Riverfront Regional Parks in accordance with the most recent priority rankings that the Minneapolis Park and Recreation Board has submitted to the Metropolitan Council. This reallocation of funds is anticipated to result in $500,000 in federal funds to match extant parks and trails fund appropriations. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 52.
new text begin CITATION. new text end
new text begin Sections 23, 24, 25, 26, and 45 may be known and cited as "Sophia's Law." new text end
Sec. 53.
new text begin REPEALER. new text end
new text begin Minnesota Statutes 2014, section 116P.13, new text end new text begin is repealed. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2018, and any funds remaining in the Minnesota future resources fund on July 1, 2018, are transferred to the general fund. new text end
ARTICLE 4
PUBLIC SAFETY AND CORRECTIONS
Section 1.new text begin APPROPRIATIONS.new text end |
new text begin The sums shown in the column under "Appropriations" are added to the appropriations in Laws 2015, chapter 65, article 1, to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2016" and "2017" used in this article mean that the addition to the appropriation listed under them is available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. Supplemental appropriations for the fiscal year ending June 30, 2016, are effective the day following final enactment. new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2016 new text end | new text begin 2017 new text end | |||||
Sec. 2.new text begin SUPREME COURT new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 1,000,000 new text end | ||
new text begin For a competitive grant program established by the chief justice for the distribution of safe and secure courthouse fund grants to government entities responsible for providing or maintaining a courthouse or other facility where court proceedings are held. Grant recipients must provide a 50 percent nonstate match. This is a onetime appropriation and is available until June 30, 2019. new text end
Sec. 3.new text begin DISTRICT COURTS new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 1,547,000 new text end | ||
new text begin To increase the juror per diem to $20 and the juror mileage reimbursement rate to 54 cents per mile. new text end
Sec. 4.new text begin GUARDIAN AD LITEM BOARD new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 878,000 new text end | ||
new text begin To hire additional guardians ad litem to comply with federal and state mandates, and court orders for representing the best interests of children in juvenile and family court proceedings. new text end
Sec. 5.new text begin HUMAN RIGHTS new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 180,000 new text end | ||
new text begin For a St. Cloud office. new text end
Sec. 6.new text begin CORRECTIONS new text end |
||||||
new text begin Subdivision 1. new text endnew text begin Total Appropriation new text end |
new text begin $ new text end | new text begin 4,341,000 new text end | new text begin $ new text end | new text begin 15,426,000 new text end | ||
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Correctional Institutions new text end |
new text begin 4,037,000 new text end | new text begin 10,671,000 new text end | ||||
new text begin (a) Employee Compensation new text end
new text begin $1,427,000 in fiscal year 2016 and $7,512,000 in fiscal year 2017 are for employee compensation. new text end
new text begin (b) Challenge Incarceration Expansion new text end
new text begin $2,610,000 in fiscal year 2016 and $2,757,000 in fiscal year 2017 are to increase capacity in the challenge incarceration program. The base for this activity is $3,263,000 in fiscal year 2018 and $3,623,000 in fiscal year 2019. new text end
new text begin (c) 24-Hour Nursing new text end
new text begin $375,000 in fiscal year 2017 is for 24-hour nursing coverage seven days a week at MCF-Shakopee. new text end
new text begin Subd. 3. new text endnew text begin Community Services new text end |
new text begin 241,000 new text end | new text begin 2,566,000 new text end | ||||
new text begin (a) Employee Compensation new text end
new text begin $241,000 in fiscal year 2016 and $860,000 in fiscal year 2017 are for employee compensation. new text end
new text begin (b) Challenge Incarceration Expansion new text end
new text begin $406,000 in fiscal year 2017 is to increase capacity in the challenge incarceration program. new text end
new text begin (c) Reentry and Halfway Houses new text end
new text begin $300,000 in fiscal year 2017 is for grants to counties or groups of counties for reentry and halfway house services. Eligible programs must be proven to reduce recidivism. Grant recipients must provide a 50 percent nonstate match. new text end
new text begin (d) High-Risk Revocation Reduction Program new text end
new text begin $1,000,000 in fiscal year 2017 is to establish a high-risk revocation reduction program in the metropolitan area. The program shall provide sustained case planning, housing assistance, employment assistance, group mentoring, life skills programming, and transportation assistance to adult release violators who are being released from prison. new text end
new text begin Subd. 4. new text endnew text begin Operations Support new text end |
new text begin 63,000 new text end | new text begin 2,189,000 new text end | ||||
new text begin (a) Employee Compensation new text end
new text begin $63,000 in fiscal year 2016 and $339,000 in fiscal year 2017 are for employee compensation. new text end
new text begin (b) Information Technology Critical Updates new text end
new text begin $1,850,000 in fiscal year 2017 is for information technology upgrades and staffing. This is a onetime appropriation. new text end
Sec. 7.new text begin PUBLIC SAFETY new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 6,100,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin General new text end | new text begin -0- new text end | new text begin 1,600,000 new text end |
| new text begin Trunk Highway new text end | new text begin -0- new text end | new text begin 4,500,000 new text end |
new text begin The amounts that may be spent for each purpose are specified in the following paragraphs. new text end
new text begin (a) DNA Laboratory new text end
new text begin $630,000 is for the Bureau of Criminal Apprehension DNA laboratory, including the addition of six forensic scientists. The base for this activity is $1,000,000 in each of the fiscal years 2018 and 2019 for eight forensic scientists. new text end
new text begin (b) Children In Need of Services or in Out-Of-Home Placement new text end
new text begin $150,000 is for a grant to an organization that provides legal representation to children in need of protection or services and children in out-of-home placement. The grant is contingent upon a match in an equal amount from nonstate funds. The match may be in kind, including the value of volunteer attorney time, or in cash, or in a combination of the two. new text end
new text begin (c) Sex Trafficking new text end
new text begin $820,000 is for grants to state and local units of government for the following purposes: new text end
new text begin (1) to support new or existing multijurisdictional entities to investigate sex trafficking crimes; and new text end
new text begin (2) to provide technical assistance for sex trafficking crimes, including training and case consultation, to law enforcement agencies statewide. new text end
new text begin (d) State Patrol new text end
new text begin $4,500,000 is from the trunk highway fund to recruit, hire, train, and equip a State Patrol Academy. This amount is added to the appropriation in Laws 2015, chapter 75, article 1, section 5, subdivision 3. The base appropriation from the trunk highway fund for patrolling highways in each of fiscal years 2018 and 2019 is $87,492,000, which includes $4,500,000 each year for a State Patrol Academy. new text end
Sec. 8.
Minnesota Statutes 2014, section 171.07, subdivision 6, is amended to read:
Subd. 6.
Medical alert identifier.
Upon the written request of the applicant, the department shall issue a driver's license or Minnesota identification card bearing a new text begin graphic or written new text end medical alert identifier. The applicant must request the medical alert identifier at the time the photograph or electronically produced image is taken. No specific medical information will be contained on the driver's license or Minnesota identification card.
Sec. 9.
Minnesota Statutes 2014, section 171.07, subdivision 7, is amended to read:
Subd. 7.
Living Will/Health Care Directive designation.
(a) At the written request of the applicant and on payment of the required fee, the department shall issue, renew, or reissue a driver's license or Minnesota identification card bearing the new text begin graphic or written new text end designation new text begin of a new text end deleted text begin "deleted text end Living Will/Health Care Directivedeleted text begin " or an abbreviation thereofdeleted text end . The designation does not constitute delivery of a health care declaration under section 145B.05.
(b) On payment of the required fee, the department shall issue a replacement or renewal license or identification card without the designation if requested by the applicant.
(c) This subdivision does not impose any additional duty on a health care provider, as defined in section 145B.02, subdivision 6, or 145C.01, subdivision 6, beyond the duties imposed in chapter 145B or 145C.
(d) For the purposes of this subdivision:
(1) "living will" means a declaration made under section 145B.03; and
(2) "health care directive" means a durable power of attorney for health care under section 145C.02, or any other written advance health care directive of the applicant that is authorized by statute or not prohibited by law.
Sec. 10.
Minnesota Statutes 2014, section 171.07, subdivision 15, is amended to read:
Subd. 15.
Veteran designation.
(a) At the request of an eligible applicant and on payment of the required fee, the department shall issue, renew, or reissue to the applicant a driver's license or Minnesota identification card bearing a new text begin graphic or written new text end designation of:
(1) deleted text begin "deleted text end Veterandeleted text begin "deleted text end ; or
(2) deleted text begin "deleted text end Veteran 100% T&P.deleted text begin "deleted text end
(b) At the time of the initial application for the designation provided under this subdivision, the applicant must:
(1) be a veteran, as defined in section 197.447;
(2) have a certified copy of the veteran's discharge papers; and
(3) if the applicant is seeking the disability designation under paragraph (a), clause (2), provide satisfactory evidence of a 100 percent total and permanent service-connected disability as determined by the United States Department of Veterans Affairs.
(c) The commissioner of public safety is required to issue drivers' licenses and Minnesota identification cards with the veteran designation only after entering a new contract or in coordination with producing a new card design with modifications made as required by law.
Sec. 11.
Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b); false imprisonment in violation of section 609.255, subdivision 2; solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322; a prostitution offense deleted text begin involving a minor under the age of 13 yearsdeleted text end in violation of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a sexual performance in violation of section 617.246; or possessing pornographic work involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective August 1, 2016, and applies to crimes committed on or after that date. new text end
Sec. 12.
new text begin [325E.041] SENSORY TESTING RESEARCH. new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin For purposes of this section, the following terms have the meanings given: new text end
new text begin (1) "sensory testing firm" means a business that tests consumer reaction to physical aspects of products for a third-party client; new text end
new text begin (2) "trained sensory assessors" means members of the public at least 21 years of age selected by sensory testing firms and trained for a minimum of one hour to test products; new text end
new text begin (3) "sensory testing facility" means a facility specifically designed as a controlled environment for testing; and new text end
new text begin (4) "department" means the Department of Public Safety. new text end
new text begin Subd. 2. new text end
new text begin Allowed activities. new text end
new text begin Notwithstanding any law to the contrary, a sensory testing firm may possess and may purchase alcohol at retail or wholesale, and may allow consumption of that alcohol, by trained sensory assessors for testing purposes at their facility, provided that: new text end
new text begin (1) the firm must comply with section 340A.409 and all other state laws that do not conflict with this section; new text end
new text begin (2) firms choosing to serve alcohol must be licensed by the department, which may assess a fee sufficient to cover costs; and new text end
new text begin (3) records of testing protocols must be retained by the firm for at least one year. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 13.
Minnesota Statutes 2014, section 484.90, subdivision 6, is amended to read:
Subd. 6.
Allocation.
(a) In all cases prosecuted in district court by an attorney for a municipality or other subdivision of government within the county for violations of state statute, or of an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in the state treasury and distributed according to this paragraph. new text begin For the purpose of this section, the county attorney shall be considered the attorney for any town in which a violation occurs. new text end Except where a different disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each month, the courts shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:
(1) 100 percent of all fines or penalties for parking violations for which complaints and warrants have not been issued to the treasurer of the city or town in which the offense was committed; and
(2) two-thirds of all other fines to the treasurer of the city or town in which the offense was committed and one-third credited to the state general fund.
All other fines, penalties, and forfeitures collected by the court administrator shall be distributed by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3;
(2) a city has a population of 600 or less and has given the duty to prosecute cases to the county attorney under section 484.87; or
(3) the attorney general provides assistance to the county attorney as permitted by law.
Sec. 14.
new text begin [609.2233] FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE. new text end
new text begin A person who violates section 609.221, 609.222, or 609.223 because of the victim's or another person's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective August 1, 2016, and applies to crimes committed on or after that date. new text end
Sec. 15.
Minnesota Statutes 2015 Supplement, section 609.324, subdivision 1, is amended to read:
Subdivision 1.
Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties.
(a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:
(1) engages in prostitution with an individual under the age of 13 years; deleted text begin ordeleted text end
(2) hires or offers or agrees to hire an individual under the age of 13 years to engage in sexual penetration or sexual contactnew text begin ; ornew text end
new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 13 years to engage in sexual penetration or sexual contactnew text end .
(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an individual under the age of 16 years but at least 13 years; deleted text begin ordeleted text end
(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contactnew text begin ; ornew text end
new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contactnew text end .
(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an individual under the age of 18 years but at least 16 years;
(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 yearsnew text begin but at least 16 yearsnew text end to engage in sexual penetration or sexual contact.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective August 1, 2016, and applies to crimes committed on or after that date. new text end
Sec. 16.
Laws 2015, chapter 65, article 1, section 18, is amended to read:
Sec. 18.AVIAN INFLUENZAnew text begin AND AGRICULTURALnew text end EMERGENCY RESPONSE. |
||||||
Notwithstanding Minnesota Statutes, section 12.221, subdivision 6, deleted text begin for fiscal years 2016 and 2017deleted text end new text begin through June 30, 2019,new text end only, the disaster contingency account, under Minnesota Statutes, section 12.221, subdivision 6, may be used to pay for costs of deleted text begin eligible avian influenzadeleted text end emergency response activitiesnew text begin for avian influenza and any agricultural emergencynew text end . By January 15, 2018, new text begin and again by January 15, 2020, new text end the commissioner of management and budget must report to the chairs and ranking minority members of the senate Finance Committee and the house of representatives Committee on Ways and Means on any amount used for deleted text begin avian influenzadeleted text end new text begin the purposes authorizednew text end under this section.
Sec. 17.
new text begin ST. CLOUD STATE UNIVERSITY; SPECIAL LICENSE. new text end
new text begin Notwithstanding any other law, local ordinance, or charter provision to the contrary, the city of St. Cloud may issue an on-sale wine and malt liquor intoxicating liquor license to St. Cloud State University. A license authorized by this section may be issued for space that is not compact and contiguous, provided that all the space is within the boundaries of the campus of St. Cloud State University and is included in the description of the licensed premises on the approved license application. The license under this section authorizes sales on all days of the week to persons attending events at Herb Brooks National Hockey Center, subject to the hours and days of sale restrictions in Minnesota Statutes, and any reasonable license conditions or restrictions imposed by the licensing authority. All other provisions of Minnesota Statutes not inconsistent with this section apply to the license authorized under this section. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective upon approval by the St. Cloud City Council in the manner provided by Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end
Sec. 18.
new text begin INDIAFEST; SPECIAL LICENSE. new text end
new text begin Notwithstanding any other law, local ordinance, or charter provision to the contrary, the city of St. Paul may issue a temporary on-sale intoxicating liquor license to the India Association of Minnesota, a nonprofit 501(c)(3) organization, for Indiafest on the grounds of the State Capitol. The license may authorize only the sale of intoxicating malt liquor and wine. All provisions of Minnesota Statutes not inconsistent with this section apply to the license authorized by this section. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective upon approval by the St. Paul City Council and compliance with Minnesota Statutes, section 645.021. new text end
Sec. 19.
new text begin MAJOR LEAGUE SOCCER STADIUM; SPECIAL LICENSE. new text end
new text begin Notwithstanding any other law, local ordinance, or charter provision to the contrary, the city of St. Paul may issue an on-sale intoxicating liquor license to the operator of the Major League Soccer stadium located in the city of St. Paul or to entities affiliated with it for operation of food and beverage concessions at the stadium. The license may authorize sales both to persons attending any and all events, and sales in a restaurant, bar, or banquet facility at the stadium. The license authorizes sales on all days of the week. All provisions of Minnesota Statutes not inconsistent with this section apply to the license under this section. The license may be issued for a space that is not compact and contiguous, provided that the licensed premises may include only the space within the stadium or on stadium premises or grounds, as described in the approved license application. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective upon approval by the St. Paul City Council and compliance with Minnesota Statutes, section 645.021. new text end
Sec. 20.
new text begin JANESVILLE; SPECIAL LICENSE. new text end
new text begin Notwithstanding any law or ordinance to the contrary, the city of Janesville may issue an on-sale intoxicating liquor license for the Prairie Ridge Golf Club that is located at 2000 North Main Street and is owned by the city. The provisions of Minnesota Statutes not inconsistent with this section apply to the license issued under this section. The city of Janesville is deemed the licensee under this section, and the relevant provisions of Minnesota Statutes apply to the licensee as if the establishment were a municipal liquor store. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective upon approval by the Janesville City Council and compliance with Minnesota Statutes, section 645.021. new text end
Sec. 21.
new text begin CITY OF MINNEAPOLIS; SPECIAL LICENSE. new text end
new text begin The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at 5000 Hiawatha Avenue, notwithstanding any law or local ordinance or charter provision to the contrary. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective upon approval by the Minneapolis City Council and compliance with Minnesota Statutes, section 645.021. new text end
Sec. 22.
new text begin REPEALER. new text end
new text begin Special Laws 1891, chapter 57, chapter XII, section 5, is repealed. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective upon approval by the Duluth City Council and compliance with Minnesota Statutes, section 645.021. new text end
ARTICLE 5
BROADBAND DEVELOPMENT
Section 1.new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 35,000,000 new text end | ||
new text begin Border-To-Border Broadband Development Program. (a) $35,000,000 in fiscal year 2017 is from the general fund for deposit in the border-to-border broadband fund account under Minnesota Statutes, section 116J.396, to award grants under that section. Of this appropriation, no more than $5,000,000 may be used for grants to underserved areas. Of this appropriation, up to $1,000,000 may be used for administrative costs, including mapping. This is a onetime appropriation. new text end
new text begin (b) $500,000 may be awarded to projects that propose to expand the availability and adoption of broadband service to areas that contain a significant proportion of low-income households. For the purposes of this paragraph, "low-income households" means households whose household income is less than or equal to 200 percent of the most recent calculation of the United States federal poverty guidelines published by the United States Department of Health and Human Services, adjusted for family size. new text end
new text begin (c) If grant awards in any area are insufficient to fully expend the funds available for that area, the commissioner may reallocate unexpended funds to other areas. new text end
Sec. 2.
Minnesota Statutes 2015 Supplement, section 116J.394, is amended to read:
116J.394 DEFINITIONS.
(a) For the purposes of sections 116J.394 to deleted text begin 116J.396deleted text end new text begin 116J.398new text end , the following terms have the meanings given them.
(b) "Broadband" or "broadband service" has the meaning given in section 116J.39, subdivision 1, paragraph (b).
(c) "Broadband infrastructure" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed Internet access and other advanced telecommunications services for end users.
(d) "Commissioner" means the commissioner of employment and economic development.
(e) "Last-mile infrastructure" means broadband infrastructure that serves as the final leg connecting the broadband service provider's network to the end-use customer's on-premises telecommunications equipment.
(f) "Middle-mile infrastructure" means broadband infrastructure that links a broadband service provider's core network infrastructure to last-mile infrastructure.
(g) "Political subdivision" means any county, city, town, school district, special district or other political subdivision, or public corporation.
(h) "Underserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service at speeds deleted text begin that meet the state broadband goalsdeleted text end of deleted text begin ten to 20deleted text end new text begin at least 100 new text end megabits per second download and deleted text begin five to ten deleted text end new text begin at least 20new text end megabits per second upload.
(i) "Unserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service, as defined in section 116J.39.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 3.
Minnesota Statutes 2014, section 116J.395, subdivision 4, is amended to read:
Subd. 4.
Application process.
new text begin (a) new text end An eligible applicant must submit an application to the commissioner on a form prescribed by the commissioner. The commissioner shall develop administrative procedures governing the application and grant award process. The commissioner shall act as fiscal agent for the grant program and shall be responsible for receiving and reviewing grant applications and awarding grants under this section.
new text begin (b) At least 30 days prior to the first day applications may be submitted each fiscal year, the commissioner must publish on the department's Web site the specific criteria and any quantitative weighting scheme or scoring system the commissioner will use to evaluate or rank applications and award grants under subdivision 6. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 4.
Minnesota Statutes 2014, section 116J.395, subdivision 5, is amended to read:
Subd. 5.
Application contents.
An applicant for a grant under this section shall provide the following information on the application:
(1) the location of the project;
(2) the kind and amount of broadband infrastructure to be purchased for the project;
(3) evidence regarding the unserved or underserved nature of the community in which the project is to be located;
(4) the number of households passed that will have access to broadband service as a result of the project, or whose broadband service will be upgraded as a result of the project;
(5) significant community institutions that will benefit from the proposed project;
(6) evidence of community support for the project;
(7) the total cost of the project;
(8) sources of funding or in-kind contributions for the project that will supplement any grant award; deleted text begin anddeleted text end
(9) new text begin evidence that no later than six weeks before submission of the application the applicant contacted, in writing, all entities providing broadband service in the proposed project area to ask for each broadband service provider's plan to upgrade broadband service in the project area to speeds that meet or exceed the state's broadband speed goals in section 237.012, subdivision 1, within the time frame specified in the proposed grant activities;new text end
new text begin (10) the broadband service providers' written responses to the inquiry made under clause (9); and new text end
new text begin (11) new text end any additional information requested by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 5.
Minnesota Statutes 2014, section 116J.395, is amended by adding a subdivision to read:
new text begin Subd. 5a. new text end
new text begin Challenge process. new text end
new text begin (a) Within three days of the close of the grant application process, the office shall publish on its Web site the proposed geographic broadband service area and the proposed broadband service speeds for each application submitted. new text end
new text begin (b) An existing broadband service provider in or proximate to the proposed project area may, within 30 days of publication of the information under paragraph (a), submit in writing to the commissioner a challenge to an application. A challenge must contain information demonstrating that: new text end
new text begin (1) the provider currently provides or has begun construction to provide broadband service to the proposed project area at speeds equal to or greater than the state speed goal contained in section 237.012, subdivision 1; or new text end
new text begin (2) the provider commits to complete construction of broadband infrastructure and provide broadband service in the proposed project area at speeds equal to or greater than the state speed goal contained in section 237.012, subdivision 1, no later than 18 months after the date grant awards are made under this section for the grant cycle under which the application was submitted. new text end
new text begin (c) The commissioner must evaluate the information submitted in a provider's challenge under this section, and is prohibited from funding a project if the commissioner determines that the provider's commitment to provide broadband service that meets the requirements of paragraph (b) in the proposed project area is credible. new text end
new text begin (d) If the commissioner denies funding to an applicant as a result of a broadband service provider's challenge made under this section, and the broadband service provider does not fulfill the provider's commitment to provide broadband service in the project area, the commissioner is prohibited from denying funding to an applicant as a result of a challenge by the same broadband service provider for the following two grant cycles, unless the commissioner determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 6.
Minnesota Statutes 2014, section 116J.395, is amended by adding a subdivision to read:
new text begin Subd. 8. new text end
new text begin Application evaluation report. new text end
new text begin By June 30 of each year, the Office of Broadband Development shall publish on the Department of Employment and Economic Development's Web site and provide to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over broadband a list of all applications for grants under this section received during the previous year and, for each application: new text end
new text begin (1) the results of any quantitative weighting scheme or scoring system the commissioner used to award grants or rank the applications; new text end
new text begin (2) the grant amount requested; and new text end
new text begin (3) the grant amount awarded, if any. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. The initial report submission required under this section is due June 30, 2016. new text end
Sec. 7.
new text begin [116J.397] UPDATED BROADBAND DEPLOYMENT DATA AND MAPS. new text end
new text begin (a) Beginning in 2016 and continuing each year thereafter, the Office of Broadband Development shall contract with one or more independent organizations that have extensive experience working with Minnesota broadband providers to: new text end
new text begin (1) collect broadband deployment data from Minnesota providers, verify its accuracy through on-the-ground testing, and create state and county maps available to the public by April 15, 2017, and each April 15 thereafter, showing the availability of broadband service at various upload and download speeds throughout Minnesota; new text end
new text begin (2) analyze the deployment data collected to help inform future investments in broadband infrastructure; and new text end
new text begin (3) conduct business and residential surveys that measure broadband adoption and use in the state. new text end
new text begin (b) Data provided by a broadband provider under this section is nonpublic data under section 13.02, subdivision 9. Maps produced under this paragraph are public data under section 13.03. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 8.
new text begin [116J.398] BROADBAND PREVAILING WAGE EXEMPTION. new text end
new text begin Notwithstanding any other law to the contrary, section 116J.871 does not apply to a project receiving a grant under section 116J.395 for the construction, installation, remodeling, and repair of last-mile infrastructure, as defined under section 116J.394, paragraph (e). new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 9.
Minnesota Statutes 2014, section 237.012, is amended to read:
237.012 BROADBAND GOALS.
Subdivision 1.
Universal access and high-speed goal.
It is a state goal that deleted text begin as soon as possible, but no later than 2015, all state residents and businesses have access to high-speed broadband that provides minimum download speeds of ten to 20 megabits per second and minimum upload speeds of five to ten megabits per second.deleted text end new text begin :new text end
new text begin (1) no later than 2022, all Minnesota businesses and homes have access to high-speed broadband that provides minimum download speeds of at least 25 megabits per second and minimum upload speeds of at least three megabits per second; and new text end
new text begin (2) no later than 2026, all Minnesota businesses and homes have access to at least one provider of broadband with download speeds of at least 100 megabits per second and upload speeds of at least 20 megabits per second. new text end
Subd. 2.
State broadband leadership position.
It is a goal of the state that by deleted text begin 2015deleted text end new text begin 2022new text end and thereafter, the state be in:
(1) the top five states of the United States for broadband speed universally accessible to residents and businesses;
(2) the top five states for broadband access; and
(3) the top 15 when compared to countries globally for broadband penetration.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
ARTICLE 6
ENERGY
Section 1.
Minnesota Statutes 2014, section 115C.09, subdivision 1, is amended to read:
Subdivision 1.
Reimbursable costs.
(a) The board shall provide reimbursement to eligible applicants for reimbursable costs.
(b) The following costs are reimbursable for purposes of this chapter:
(1) corrective action costs incurred by the applicant and documented in a form prescribed by the boarddeleted text begin , except the costs related to the physical removal of a tankdeleted text end new text begin . Corrective action costs incurred by the applicant include costs for physical removal of a tank when the physical removal is part of a corrective action, regardless of whether the tank is leaking at the time of removal, and the removal is directed or approved by the commissionernew text end ;
(2) costs that the responsible person is legally obligated to pay as damages to third parties for bodily injury, property damage, or corrective action costs incurred by a third party caused by a release where the responsible person's liability for the costs has been established by a court order or court-approved settlement; and
(3) up to 180 days of interest costs associated with the financing of corrective action and incurred by the applicant in a written extension of credit or loan that has been signed by the applicant and executed after July 1, 2002, provided that the applicant documents that:
(i) the interest costs are incurred as a result of an extension of credit or loan from a financial institution; and
(ii) the board has not considered the application within the applicable time frame specified in subdivision 2a, paragraph (c).
Interest costs meeting the requirements of this clause are eligible only when they are incurred between the date a complete initial application is received by the board, or the date a complete supplemental application is received by the board, and the date that the board first notifies the applicant of its reimbursement determination. An application is complete when the information reasonably required or requested by the board's staff from the applicant has been received by the board's staff. Interest costs are not eligible for reimbursement to the extent they exceed two percentage points above the adjusted prime rate charged by banks, as defined in section 270C.40, subdivision 5, at the time the extension of credit or loan was executed.
(c) A cost for liability to a third party is incurred by the responsible person when an order or court-approved settlement is entered that sets forth the specific costs attributed to the liability. Except as provided in this paragraph, reimbursement may not be made for costs of liability to third parties until all eligible corrective action costs have been reimbursed. If a corrective action is expected to continue in operation for more than one year after it has been fully constructed or installed, the board may estimate the future expense of completing the corrective action and, after subtracting this estimate from the total reimbursement available under subdivision 3, reimburse the costs for liability to third parties. The total reimbursement may not exceed the limit set forth in subdivision 3.
Sec. 2.
Minnesota Statutes 2014, section 115C.09, subdivision 3, is amended to read:
Subd. 3.
Reimbursements; subrogation; appropriation.
(a) The board shall reimburse an eligible applicant from the fund for 90 percent of the total reimbursable costs incurred at the site, except that the board may reimburse an eligible applicant from the fund for greater than 90 percent of the total reimbursable costs, if the applicant previously qualified for a higher reimbursement rate. For costs associated with a release from a tank in transport, the board may reimburse a maximum of $100,000.
Not more than deleted text begin $1,000,000 may be reimbursed for costs associated with a single release, regardless of the number of persons eligible for reimbursement, and not more thandeleted text end $2,000,000 may be reimbursed for costs associated with a single deleted text begin tank facilitydeleted text end new text begin releasenew text end .
(b) A reimbursement may not be made from the fund under this chapter until the board has determined that the costs for which reimbursement is requested were actually incurred and were reasonable.
(c) When an applicant has obtained responsible competitive bids or proposals according to rules promulgated under this chapter prior to June 1, 1995, the eligible costs for the tasks, procedures, services, materials, equipment, and tests of the low bid or proposal are presumed to be reasonable by the board, unless the costs of the low bid or proposal are substantially in excess of the average costs charged for similar tasks, procedures, services, materials, equipment, and tests in the same geographical area during the same time period.
(d) When an applicant has obtained a minimum of two responsible competitive bids or proposals on forms prescribed by the board and where the rules deleted text begin promulgateddeleted text end new text begin adoptednew text end under this chapter after June 1, 1995, designate maximum costs for specific tasks, procedures, services, materials, equipment and tests, the eligible costs of the low bid or proposal are deemed reasonable if the costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed in rules deleted text begin promulgateddeleted text end new text begin adoptednew text end under this chapter after June 1, 1995, are presumed reasonable if the costs are at or below the maximums set forth in the rules, unless the costs in the change order are above those in the original bid or proposal or are unsubstantiated and inconsistent with the process and standards required by the rules.
(f) A reimbursement may not be made from the fund in response to either an initial or supplemental application for costs incurred after June 4, 1987, that are payable under an applicable insurance policy, except that if the board finds that the applicant has made reasonable efforts to collect from an insurer and failed, the board shall reimburse the applicant.
(g) If the board reimburses an applicant for costs for which the applicant has insurance coverage, the board is subrogated to the rights of the applicant with respect to that insurance coverage, to the extent of the reimbursement by the board. The board may request the attorney general to bring an action in district court against the insurer to enforce the board's subrogation rights. Acceptance by an applicant of reimbursement constitutes an assignment by the applicant to the board of any rights of the applicant with respect to any insurance coverage applicable to the costs that are reimbursed. Notwithstanding this paragraph, the board may instead request a return of the reimbursement under subdivision 5 and may employ against the applicant the remedies provided in that subdivision, except where the board has knowingly provided reimbursement because the applicant was denied coverage by the insurer.
(h) Money in the fund is appropriated to the board to make reimbursements under this chapter. A reimbursement to a state agency must be credited to the appropriation account or accounts from which the reimbursed costs were paid.
(i) The board may reduce the amount of reimbursement to be made under this chapter if it finds that the applicant has not complied with a provision of this chapter, a rule or order issued under this chapter, or one or more of the following requirements:
(1) the agency was given notice of the release as required by section 115.061;
(2) the applicant, to the extent possible, fully cooperated with the agency in responding to the release;
(3) the state rules applicable after December 22, 1993, to operating an underground storage tank and appurtenances without leak detection;
(4) the state rules applicable after December 22, 1998, to operating an underground storage tank and appurtenances without corrosion protection or spill and overfill protection; and
(5) the state rule applicable after November 1, 1998, to operating an aboveground tank without a dike or other structure that would contain a spill at the aboveground tank site.
(j) The reimbursement may be reduced as much as 100 percent for failure by the applicant to comply with the requirements in paragraph (i), clauses (1) to (5). In determining the amount of the reimbursement reduction, the board shall consider:
(1) the reasonable determination by the agency that the noncompliance poses a threat to the environment;
(2) whether the noncompliance was negligent, knowing, or willful;
(3) the deterrent effect of the award reduction on other tank owners and operators;
(4) the amount of reimbursement reduction recommended by the commissioner; and
(5) the documentation of noncompliance provided by the commissioner.
(k) An applicant may request that the board issue a multiparty check that includes each lender who advanced funds to pay the costs of the corrective action or to each contractor or consultant who provided corrective action services. This request must be made by filing with the board a document, in a form prescribed by the board, indicating the identity of the applicant, the identity of the lender, contractor, or consultant, the dollar amount, and the location of the corrective action. The applicant must submit a request for the issuance of a multiparty check for each application submitted to the board. Payment under this paragraph does not constitute the assignment of the applicant's right to reimbursement to the consultant, contractor, or lender. The board has no liability to an applicant for a payment issued as a multiparty check that meets the requirements of this paragraph.
Sec. 3.
Minnesota Statutes 2014, section 115C.13, is amended to read:
115C.13 REPEALER.
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11, 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30, deleted text begin 2017deleted text end new text begin 2022new text end .
Sec. 4.
Minnesota Statutes 2014, section 216B.16, subdivision 12, is amended to read:
Subd. 12.
Exemption for small gas utility franchise.
(a) A municipality may file with the commission a resolution of its governing body requesting exemption from the provisions of this section for a public utility that is under a franchise with the municipality to supply natural, manufactured, or mixed gas and that serves 650 or fewer customers in the municipality as long as the public utility serves no more than a total of deleted text begin 2,000deleted text end new text begin 5,000 new text end customers.
(b) The commission shall grant an exemption from this section for that portion of a public utility's business that is requested by each municipality it serves. Furthermore, the commission shall also grant the public utility an exemption from this section for any service provided outside of a municipality's border that is considered by the commission to be incidental. The public utility shall file with the commission and the department all initial and subsequent changes in rates, tariffs, and contracts for service outside the municipality at least 30 days in advance of implementation.
(c) However, the commission shall require the utility to adopt the commission's policies and procedures governing disconnection during cold weather. The utility shall annually submit a copy of its municipally approved rates to the commission.
(d) In all cases covered by this subdivision in which an exemption for service outside of a municipality is granted, the commission may initiate an investigation under section 216B.17, on its own motion or upon complaint from a customer.
(e) If a municipality files with the commission a resolution of its governing body rescinding the request for exemption, the commission shall regulate the public utility's business in that municipality under this section.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 5.
new text begin [216B.1647] PROPERTY TAX ADJUSTMENT; COOPERATIVE ASSOCIATION. new text end
new text begin A cooperative electric association that has elected to be subject to rate regulation under section 216B.026 is eligible to file with the commission for approval an adjustment for real and personal property taxes, fees, and permits. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 6.
Minnesota Statutes 2014, section 216B.1691, subdivision 10, is amended to read:
Subd. 10.
Utility acquisition of resources.
A competitive resource acquisition process established by the commission prior to June 1, 2007, shall not apply to a utility for the construction, ownership, and operation of generation facilities used to satisfy the requirements of this section unless, upon a finding that it is in the public interest, the commission issues an order on or after June 1, 2007, that requires compliance by a utility with a competitive resource acquisition process. A utility that owns a nuclear generation facility and intends to construct, own, or operate facilities under this section shall file with the commission on or before March 1, 2008, a renewable energy plan setting forth the manner in which the utility proposes to meet the requirements of this sectiondeleted text begin , including a proposed schedule for purchasing renewable energy from C-BED and non-C-BED projectsdeleted text end . The utility shall update the plan as necessary in its filing under section 216B.2422. The commission shall approve the plan unless it determines, after public hearing and comment, that the plan is not in the public interest. As part of its determination of public interest, the commission shall consider the plan's deleted text begin allocation of projects among C-BED, non-C-BED, and utility-owned projects,deleted text end new text begin impact onnew text end balancing the state's interest in:
(1) promoting the policy of economic development in rural areas through the development of renewable energy projects, as expressed in subdivision 9;
(2) maintaining the reliability of the state's electric power grid; and
(3) minimizing cost impacts on ratepayers.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 7.
Minnesota Statutes 2014, section 216B.241, subdivision 1c, is amended to read:
Subd. 1c.
Energy-saving goals.
(a) The commissioner shall establish energy-saving goals for energy conservation improvement expenditures and shall evaluate an energy conservation improvement program on how well it meets the goals set.
(b) Each individual utility and association shall have an annual energy-savings goal equivalent to 1.5 percent of gross annual retail energy sales unless modified by the commissioner under paragraph (d). The savings goals must be calculated based on the most recent three-year weather-normalized average. A utility or association may elect to carry forward energy savings in excess of 1.5 percent for a year to the succeeding three calendar years, except that savings from electric utility infrastructure projects allowed under paragraph (d) may be carried forward for five years. A particular energy savings can be used only for one year's goal.
(c) The commissioner must adopt a filing schedule that is designed to have all utilities and associations operating under an energy-savings plan by calendar year 2010.
(d) In its energy conservation improvement plan filing, a utility or association may request the commissioner to adjust its annual energy-savings percentage goal based on its historical conservation investment experience, customer class makeup, load growth, a conservation potential study, or other factors the commissioner determines warrants an adjustment. The commissioner may not approve a plan of a public utility that provides for an annual energy-savings goal of less than one percent of gross annual retail energy sales from energy conservation improvements.
A utility or association may include in its energy conservation plan energy savings from electric utility infrastructure projects approved by the commission under section 216B.1636 or waste heat recovery converted into electricity projects that may count as energy savings in addition to a minimum energy-savings goal of at least one percent for energy conservation improvements. new text begin Energy savings from electric utility infrastructure projects, as defined in section 216B.1636, may be included in the energy conservation plan of a municipal utility or cooperative electric association. new text end Electric utility infrastructure projects must result in increased energy efficiency greater than that which would have occurred through normal maintenance activity.
(e) An energy-savings goal is not satisfied by attaining the revenue expenditure requirements of subdivisions 1a and 1b, but can only be satisfied by meeting the energy-savings goal established in this subdivision.
(f) An association or utility is not required to make energy conservation investments to attain the energy-savings goals of this subdivision that are not cost-effective even if the investment is necessary to attain the energy-savings goals. For the purpose of this paragraph, in determining cost-effectiveness, the commissioner shall consider the costs and benefits to ratepayers, the utility, participants, and society. In addition, the commissioner shall consider the rate at which an association or municipal utility is increasing its energy savings and its expenditures on energy conservation.
(g) On an annual basis, the commissioner shall produce and make publicly available a report on the annual energy savings and estimated carbon dioxide reductions achieved by the energy conservation improvement programs for the two most recent years for which data is available. The commissioner shall report on program performance both in the aggregate and for each entity filing an energy conservation improvement plan for approval or review by the commissioner.
(h) By January 15, 2010, the commissioner shall report to the legislature whether the spending requirements under subdivisions 1a and 1b are necessary to achieve the energy-savings goals established in this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 8.
Minnesota Statutes 2014, section 216B.243, subdivision 8, is amended to read:
Subd. 8.
Exemptions.
new text begin (a) new text end This section does not apply to:
(1) cogeneration or small power production facilities as defined in the Federal Power Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and paragraph (18), subparagraph (A), and having a combined capacity at a single site of less than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or any case where the commission has determined after being advised by the attorney general that its application has been preempted by federal law;
(2) a high-voltage transmission line proposed primarily to distribute electricity to serve the demand of a single customer at a single location, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage of an existing transmission line that serves the demand of a single customer that primarily uses existing rights-of-way, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;
(4) a high-voltage transmission line of one mile or less required to connect a new or upgraded substation to an existing, new, or upgraded high-voltage transmission line;
(5) conversion of the fuel source of an existing electric generating plant to using natural gas;
(6) the modification of an existing electric generating plant to increase efficiency, as long as the capacity of the plant is not increased more than ten percent or more than 100 megawatts, whichever is greater; deleted text begin ordeleted text end
(7) a wind energy conversion system or solar electric generation facility if the system or facility is owned and operated by an independent power producer and the electric output of the system or facility is not sold to an entity that provides retail service in Minnesota or wholesale electric service to another entity in Minnesota other than an entity that is a federally recognized regional transmission organization or independent system operatornew text begin ; ornew text end
new text begin (8) a large wind energy conversion system, as defined in section 216F.01, subdivision 2, or a solar energy generating large energy facility, as defined in section 216B.2421, subdivision 2, engaging in a repowering project that: new text end
new text begin (i) will not result in the facility exceeding the nameplate capacity under its most recent interconnection agreement; or new text end
new text begin (ii) will result in the facility exceeding the nameplate capacity under its most recent interconnection agreement, provided that the Midcontinent Independent System Operator has provided a signed generator interconnection agreement that reflects the expected net power increasenew text end .
new text begin (b) For the purpose of this subdivision, "repowering project" means: new text end
new text begin (1) modifying a large wind energy conversion system or a solar energy generating large energy facility to increase its efficiency without increasing its nameplate capacity; new text end
new text begin (2) replacing turbines in a large wind energy conversion system without increasing the nameplate capacity of the system; or new text end
new text begin (3) increasing the nameplate capacity of a large wind energy conversion system. new text end
Sec. 9.
Minnesota Statutes 2014, section 216C.20, subdivision 3, is amended to read:
Subd. 3.
Parking ramp.
No enclosed structure or portion of an enclosed structure constructed after January 1, 1978, and used primarily as a commercial parking facility for three or more motor vehicles shall be heated. Incidental heating resulting from building exhaust air passing through a parking facility shall not be prohibited, provided that substantially all useful heat has previously been removed from the air. new text begin The commissioner of commerce may grant an exemption from this subdivision if the commercial parking is integrated within a facility that has both public and private uses, the benefits of the exemption to taxpayers exceed the costs, and all appropriate energy efficiency measures have been considered.new text end
Sec. 10.
Minnesota Statutes 2014, section 216E.03, subdivision 5, is amended to read:
Subd. 5.
Environmental review.
new text begin (a) new text end The commissioner of the Department of Commerce shall prepare for the commission an environmental impact statement on each proposed large electric generating plant or high-voltage transmission line for which a complete application has been submitted. The commissioner shall not consider whether or not the project is needed. No other state environmental review documents shall be required. The commissioner shall study and evaluate any site or route proposed by an applicant and any other site or route the commission deems necessary that was proposed in a manner consistent with rules concerning the form, content, and timeliness of proposals for alternate sites or routes.
new text begin (b) For a cogeneration facility as defined in section 216H.01, subdivision 1a, that is a large electric power generating plant and is not proposed by a utility, the commissioner must make a finding in the environmental impact statement whether the project is likely to result in a net reduction of carbon dioxide emissions, considering both the utility providing electric service to the proposed cogeneration facility and any reduction in carbon dioxide emissions as a result of increased efficiency from the production of thermal energy on the part of the customer operating or owning the proposed cogeneration facility. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 11.
Minnesota Statutes 2014, section 216H.01, is amended by adding a subdivision to read:
new text begin Subd. 1a. new text end
new text begin Cogeneration facility or combined heat and power facility. new text end
new text begin "Cogeneration facility" or "combined heat and power facility" means a facility that: new text end
new text begin (1) has the meaning given in United States Code, title 16, section 796, clause (18), paragraph (A); and new text end
new text begin (2) meets the applicable operating and efficiency standards contained in Code of Federal Regulations, title 18, part 292.205. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 12.
Minnesota Statutes 2014, section 216H.03, subdivision 1, is amended to read:
Subdivision 1.
Definition; new large energy facility.
For the purpose of this section, "new large energy facility" means a large energy facility, as defined in section 216B.2421, subdivision 2, clause (1), that is not in operation as of January 1, 2007, but does not include a facility that (1) uses natural gas as a primary fuel, (2) is new text begin a cogeneration facility or combined heat and power facility located in the electric service area of a public utility, as defined in section 216B.02, subdivision 4, or is new text end designed to provide peaking, intermediate, emergency backup, or contingency services, (3) uses a simple cycle or combined cycle turbine technology, and (4) is capable of achieving full load operations within 45 minutes of startup for a simple cycle facility, or is capable of achieving minimum load operations within 185 minutes of startup for a combined cycle facility.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 13.
Minnesota Statutes 2014, section 373.48, subdivision 3, is amended to read:
Subd. 3.
Joint purchase of energy and acquisition of generation projects; financing.
(a) A county may enter into agreements under section 471.59 with other counties for joint purchase of energy or joint acquisition of interests in projects. A county that enters into a multiyear agreement for purchase of energy or acquires an interest in a projectdeleted text begin , including C-BED projects pursuant to section 216B.1612, subdivision 9,deleted text end may finance the estimated cost of the energy to be purchased during the term of the agreement or the cost to the county of the interest in the project by the issuance of revenue bonds of the county, including clean renewable energy revenue bonds, provided that the annual debt service on all bonds issued under this section, together with the amounts to be paid by the county in any year for the purchase of energy under agreements entered into under this section, must not exceed the estimated revenues of the project.
(b) An agreement entered into under section 471.59 as provided by this section may provide that:
(1) each county issues bonds to pay their respective shares of the cost of the projects;
(2) one of the counties issues bonds to pay the full costs of the project and that the other participating counties pay any available revenues of the project and pledge the revenues to the county that issues the bonds; or
(3) the joint powers board issues revenue bonds to pay the full costs of the project and that the participating counties pay any available revenues of the project under this subdivision and pledge the revenues to the joint powers entity for payment of the revenue bonds.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 14.
Laws 2001, chapter 130, section 3, is amended to read:
Sec. 3.
ASSESSMENT.
A propane education and research council, established and certified pursuant to section 2, may assess propane producers and retail marketers an amount not to exceed deleted text begin one milldeleted text end new text begin the maximum assessment authorized in United States Code, title 15, section 6405(a), new text end per gallon of odorized propane in a manner established by the council in compliance with United States Code, title 15, section 6405, subsections (a) to (c). Propane producers and retail marketers shall be responsible for the amounts assessed.
Sec. 15.
Laws 2014, chapter 198, article 2, section 2, the effective date, is amended to read:
EFFECTIVE DATE; APPLICATION.
This section is effective deleted text begin July 1, 2015deleted text end new text begin January 1, 2016new text end , and applies to applications for reimbursement on or after that date.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective retroactively from May 5, 2014. new text end
Sec. 16.
new text begin REPEALER. new text end
new text begin Minnesota Statutes 2014, sections 216B.1612; and 216C.39, new text end new text begin are repealed. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
ARTICLE 7
ECONOMIC DEVELOPMENT
Section 1.new text begin APPROPRIATIONS new text end |
new text begin The sums shown in the columns under "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2015, First Special Session, chapter 1, or other law to the specified agencies. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively. Appropriations for the fiscal year ending June 30, 2016, are effective the day following final enactment. Reductions may be taken in either fiscal year. new text end
| new text begin APPROPRIATIONS new text end | ||||||
| new text begin Available for the Year new text end | ||||||
| new text begin Ending June 30 new text end | ||||||
| new text begin 2016 new text end | new text begin 2017 new text end | |||||
Sec. 2.new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end |
||||||
new text begin Subdivision 1. new text endnew text begin Total Appropriation new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 11,721,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin General new text end | new text begin -0- new text end | new text begin 7,271,000 new text end |
| new text begin Workforce Development new text end | new text begin -0- new text end | new text begin 4,450,000 new text end |
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Business and Community Development new text end |
new text begin -0- new text end | new text begin 8,021,000 new text end | ||||
| new text begin Appropriations by Fund new text end | ||
| new text begin General new text end | new text begin -0- new text end | new text begin 7,271,000 new text end |
| new text begin Workforce Development new text end | new text begin -0- new text end | new text begin 750,000 new text end |
new text begin (a) $9,000,000 in fiscal year 2017 is a onetime reduction in the general fund appropriation for the Minnesota investment fund under Minnesota Statutes, section 116J.8731. The base funding for this purpose is $11,000,000 in fiscal year 2018 and each fiscal year thereafter. new text end
new text begin (b) $11,500,000 in fiscal year 2017 is a onetime reduction in the general fund appropriation for the Minnesota job creation fund under Minnesota Statutes, section 116J.8748. The base funding for this program is $6,500,000 in fiscal year 2018 and each fiscal year thereafter. new text end
new text begin (c) $2,000,000 in fiscal year 2017 is for the redevelopment program under Minnesota Statutes, section 116J.571. This is a onetime appropriation. new text end
new text begin (d) $1,220,000 in fiscal year 2017 is for a grant to the Duluth North Shore Sanitary District to retire debt of the district in order to bring the district's monthly wastewater rates in line with those of similarly situated facilities across the state. This is a onetime appropriation. new text end
new text begin (e) $300,000 in fiscal year 2017 is from the workforce development fund for expansion of business assistance services provided by business development specialists located in the Northwest Region, Northeast Region, West Central Region, Southwest Region, Southeast Region, and Twin Cites Metro Region offices established throughout the state. Funds under this section may be used to provide services including, but not limited to, business start-ups; expansion; location or relocation; finance; regulatory and permitting assistance; and other services determined by the commissioner. The commissioner may also use funds under this section to increase the number of business development specialists in each region of the state, increase and expand the services provided through each regional office, and publicize the services available and provide outreach to communities in each region regarding services and assistance available through the business development specialist program. This is a onetime appropriation. new text end
new text begin (f) $50,000 in fiscal year 2017 is from the workforce development fund to enhance the outreach and public awareness activities of the Bureau of Small Business under Minnesota Statutes, section 116J.68. This is a onetime appropriation. new text end
new text begin (g) $100,000 in fiscal year 2017 is from the general fund for an easy-to-understand manual to instruct aspiring business owners in how to start a child care business. The commissioner shall work in consultation with relevant state and local agencies and affected stakeholders to produce the manual. The manual must be made available electronically to interested persons. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin (h) $2,500,000 in fiscal year 2017 is for grants to initiative foundations to provide financing for business startups, expansions, and maintenance; and for business ownership transition and succession. This is a onetime appropriation. Of the amount appropriated: new text end
new text begin (1) $357,000 is for a grant to the Southwest Initiative Foundation; new text end
new text begin (2) $357,000 is for a grant to the West Central Initiative Foundation; new text end
new text begin (3) $357,000 is for a grant to the Southern Minnesota Initiative Foundation; new text end
new text begin (4) $357,000 is for a grant to the Northwest Minnesota Foundation; new text end
new text begin (5) $357,000 is for a grant to the Initiative Foundation; new text end
new text begin (6) $357,000 is for a grant to the Northland Foundation; and new text end
new text begin (7) $357,000 is for a grant for the Minnesota emerging entrepreneur program under Minnesota Statutes, chapter 116M. Funds available under this clause must be allocated as follows: new text end
new text begin (i) 50 percent of the funds must be allocated for projects in the counties of Dakota, Ramsey, and Washington; and new text end
new text begin (ii) 50 percent of the funds must be allocated for projects in the counties of Anoka, Carver, Hennepin, and Scott. new text end
new text begin (i) $600,000 in fiscal year 2017 is for a grant to a city of the second class that is designated as an economically depressed area by the United States Department of Commerce for economic development, redevelopment, and job creation programs and projects. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin (j) $4,500,000 in fiscal year 2017 is for a grant to the Minnesota Film and TV Board for the film production jobs program under Minnesota Statutes, section 116U.26. This appropriation is in addition to the appropriation in Laws 2015, First Special Session chapter 1, article 1, section 2, subdivision 2. This is a onetime appropriation. new text end
new text begin (k) $3,651,000 in fiscal year 2017 is from the general fund for a grant to Mille Lacs County to develop and operate the Lake Mille Lacs area economic relief program established in section 45. This is a onetime appropriation. new text end
new text begin (l) $500,000 in fiscal year 2017 is from the general fund for grants to local communities outside of the metropolitan area as defined under Minnesota Statutes, section 473.121, subdivision 2, to increase the supply of quality child care providers in order to support regional economic development. Grant recipients must match state funds on a dollar-for-dollar basis. Grant funds available under this section must be used to implement solutions to reduce the child care shortage in the state, including but not limited to funding for child care business start-up or expansion, training, facility modifications or improvements required for licensing, and assistance with licensing and other regulatory requirements. In awarding grants, the commissioner must give priority to communities in greater Minnesota that have documented a shortage of child care providers in the area. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin By September 30, 2017, grant recipients must report to the commissioner on the outcomes of the grant program, including but not limited to the number of new providers, the number of additional child care provider jobs created, the number of additional child care slots, and the amount of local funds invested. new text end
new text begin By January 1, 2018, the commissioner must report to the standing committees of the legislature having jurisdiction over child care and economic development on the outcomes of the program to date. new text end
new text begin (m) $100,000 in fiscal year 2017 is from the general fund for a grant to the city of Madelia to provide match funding for a federal Economic Development Agency technical assistance grant. This is a onetime appropriation. new text end
new text begin (n) $10,000,000 in fiscal year 2017 is for deposit in the Minnesota 21st century fund. This is a onetime appropriation. new text end
new text begin (o) $400,000 in fiscal year 2017 is from the workforce development fund for grants to small business development centers under Minnesota Statutes, section 116J.68. Funds made available under this section may be used to match funds under the federal Small Business Development Center (SBDC) program under United States Code, title 15, section 648, provide consulting and technical services, or to build additional SBDC network capacity to serve entrepreneurs and small businesses. The commissioner shall allocate funds equally among the nine regional centers and lead center. This is a onetime appropriation. new text end
new text begin (p) $2,600,000 in fiscal year 2017 is for a transfer to the Board of Regents of the University of Minnesota for academic and applied research through MnDRIVE at the Natural Resources Research Institute to develop new technologies that enhance the long-term viability of the Minnesota mining industry. The research must be done in consultation with the Mineral Coordinating Committee established by Minnesota Statutes, section 93.0015. This is a onetime transfer. new text end
new text begin (q) Of the amount appropriated in fiscal year 2017 for the Minnesota Investment Fund in Laws 2015, First Special Session chapter 1, article 1, section 2, subdivision 2, paragraph (a), $450,000 is for a grant to the Lake Superior-Poplar River Water District to acquire interests in real property, engineer, design, permit, and construct infrastructure to transport and treat water from Lake Superior through the Poplar River Valley to serve domestic, irrigation, commercial, stock watering, and industrial water users. This grant does not require a local match. This is a onetime appropriation. This amount is available until June 30, 2019. new text end
new text begin Subd. 3. new text endnew text begin Workforce Development new text end |
new text begin -0- new text end | new text begin 1,900,000 new text end | ||||
new text begin This appropriation is from the workforce development fund. new text end
new text begin (a) $500,000 in fiscal year 2017 is from the workforce development fund for rural career counseling coordinators in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667. This appropriation is for increases to existing applicants who were awarded grants in fiscal years 2016 and 2017. new text end
new text begin (b) $500,000 in fiscal year 2017 is from the workforce development fund for a grant to Occupational Development Corporation, Inc. in the city of Buhl to provide training and employment opportunities for people with disabilities and disadvantaged workers. This is a onetime appropriation. new text end
new text begin (c) $400,000 in fiscal year 2017 is from the workforce development fund for a grant to Northern Bedrock Historic Preservation Corps for the pathway to the preservation trades program for recruitment of corps members, engagement of technical specialists, development of a certificate program, and skill development in historic preservation for youth ages 18 to 25. This is a onetime appropriation. new text end
new text begin (d) $500,000 in fiscal year 2017 is from the workforce development fund for a grant to the North East Higher Education District to purchase equipment for training programs due to increased demand for job training under the state dislocated worker program. This is a onetime appropriation and is available until June 30, 2018. new text end
new text begin Subd. 4. new text endnew text begin Vocational rehabilitation new text end |
new text begin -0- new text end | new text begin 1,800,000 new text end | ||||
new text begin This appropriation is from the workforce development fund. new text end
new text begin (a) $800,000 in fiscal year 2017 is from the workforce development fund for grants to day training and habilitation providers to provide innovative employment options and to advance community integration for persons with disabilities as required under the Minnesota Olmstead Plan. Eligible day training and habilitation providers are those who certify that they do not possess a certification as provided by section 14(c) of the Fair Labor Standards Act. Of this amount, $250,000 is for a pilot program for home-based, technology-enhanced monitoring of persons with disabilities. This is a onetime appropriation and is available until June 30, 2018. new text end
new text begin (b) $1,000,000 in fiscal year 2017 is from the workforce development fund for rate increases to providers of extended employment services for persons with severe disabilities under Minnesota Statutes, section 268A.15. This is a onetime appropriation. new text end
Sec. 3.new text begin DEPARTMENT OF LABOR AND INDUSTRY new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 350,000 new text end | ||
| new text begin Appropriations by Fund new text end | ||
| new text begin General new text end | new text begin 100,000 new text end | |
| new text begin Workforce Development new text end | new text begin 250,000 new text end | |
new text begin (a) $250,000 in fiscal year 2017 is from the workforce development fund for the apprenticeship program under Minnesota Statutes, chapter 178. This amount is added to the base appropriation for this purpose. new text end
new text begin (b) $100,000 in fiscal year 2017 is to provide outreach and education concerning requirements under state or federal law governing removal of architectural barriers that limit access to public accommodations by persons with disabilities and resources that are available to comply with those requirements. This is a onetime appropriation. new text end
Sec. 4.new text begin EXPLORE MINNESOTA TOURISM new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 1,073,000 new text end | ||
new text begin (a) $300,000 in fiscal year 2017 is for a grant to the Mille Lacs Tourism Council to enhance marketing activities related to tourism promotion in the Mille Lacs Lake area. This is a onetime appropriation. new text end
new text begin (b) $773,000 in fiscal year 2017 is to establish a pilot project to assist in funding and securing major events benefiting communities throughout the state. The pilot project must measure the economic impact of visitors on state and local economies, increased lodging and nonlodging sales taxes in addition to visitor spending, and increased media awareness of the state as an event destination. This is a onetime appropriation. Of this amount, $100,000 is for a grant to the St. Louis County Historical Society for a project, in collaboration with the Erie Mining history book project team, to research, document, publish, preserve, and exhibit the history of taconite mining in Minnesota. new text end
Sec. 5.new text begin HOUSING FINANCE AGENCY new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 1,750,000 new text end | ||
new text begin (a) $500,000 in fiscal year 2017 is to establish a grant program within the housing trust fund for the exploited families rental assistance program. This is a onetime appropriation and is available until June 30, 2019. new text end
new text begin (b) $500,000 in fiscal year 2017 is for a competitive grant program to fund a housing project or projects in a community or communities: (1) that have low housing vacancy rates; and (2) that have an education and training center for jobs in agriculture, farm business management, health care fields, or other fields with anticipated significant job growth potential. A grant or grants must be no more than 50 percent of the total development costs for the project. Funds for a grant or grants made in this section must be to a housing project or projects that have financial and in-kind contributions from nonagency sources that when combined with a grant under this section are sufficient to complete the housing project. Funds must be used to create new housing units either through new construction or through acquisition and rehabilitation of a building or buildings not currently used for housing. If funds remain uncommitted at the end of fiscal year 2017, the agency may transfer the uncommitted funds to the housing development fund and use the funds for the economic development and housing challenge program under Minnesota Statutes, section 462A.33. This is a onetime appropriation. new text end
new text begin (c) $750,000 in fiscal year 2017 is for the Workforce and Affordable Homeownership Development Program under Minnesota Statutes, section 462A.38. This is a onetime appropriation and is available until June 30, 2019. new text end
Sec. 6.new text begin COMMERCE new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 1,332,000 new text end | ||
new text begin (a) $832,000 in fiscal year 2017 is for energy regulation and planning unit staff. new text end
new text begin (b) $500,000 in fiscal year 2017 is for additional actuarial work to prepare for implementation of principle-based reserves. This appropriation is contingent on enactment of 2016 HF No. 3384. The base appropriation for this purpose is $412,000. new text end
Sec. 7.new text begin PUBLIC UTILITIES COMMISSION new text end |
new text begin $ new text end | new text begin 225,000 new text end | new text begin $ new text end | new text begin 577,000 new text end | ||
new text begin The amounts appropriated are in addition to those appropriated in Laws 2015, First Special Session chapter 1. The base amount for fiscal year 2018 and thereafter is $514,000. new text end
Sec. 8.
Laws 2014, chapter 312, article 2, section 14, is amended to read:
Sec. 14.
ASSIGNED RISK TRANSFER.
(a) By June 30, 2015, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $10,500,000, to the general fund. This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1). This is a onetime transfer.
(b) By June 30, 2015, and each year thereafter, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $4,820,000 each year, to the Minnesota minerals 21st century fund under Minnesota Statutes, section 116J.423. This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1), but after the transfer authorized in paragraph (a). The total amount authorized for all transfers under this paragraph must not exceed $24,100,000. This paragraph expires the day following the transfer in which the total amount transferred under this paragraph to the Minnesota minerals 21st century fund equals $24,100,000.
(c) By June 30, 2015, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1), but after any transfers authorized in paragraphs (a) and (b). If a transfer occurs under this paragraph, the amount transferred is appropriated from the general fund in fiscal year 2015 to the commissioner of labor and industry for the purposes of section 15. Both the transfer and appropriation under this paragraph are onetime.
(d) By June 30, 2016, if the commissioner of commerce determines on the basis of an audit that there is an excess surplus in the assigned risk plan created under Minnesota Statutes, section 79.252, the commissioner of management and budget shall transfer the amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1, paragraph (a), clause (1), but after the transfers authorized in paragraphs (a) and (b). If a transfer occurs under this paragraph, the amount transferred is appropriated from the general fund in fiscal year 2016 to the commissioner of labor and industry for the purposes of section 15. Both the transfer and appropriation under this paragraph are onetime.
(e) Notwithstanding Minnesota Statutes, section 16A.28, the commissioner of management and budget shall transfer to the deleted text begin assigned risk plan under Minnesota Statutes, section 79.252deleted text end new text begin general fundnew text end , any unencumbered or unexpended balance of the appropriations under paragraphs (c) and (d) remaining on June 30, deleted text begin 2017deleted text end new text begin 2016new text end , or the date the commissioner of commerce determines that an excess surplus in the assigned risk plan does not exist, whichever occurs earlier.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 9.
Laws 2014, chapter 312, article 2, section 15, is amended to read:
Sec. 15.
WORKERS' COMPENSATION SYSTEM REFORM; USE OF FUNDS.
(a) The appropriations under section 14 to the commissioner of labor and industry are for reform of the workers' compensation system. Funds appropriated under section 14, paragraphs (c) and (d), may be expended by the commissioner only after the advisory council on workers' compensation created under Minnesota Statutes, section 175.007, has approved a new system including, but not limited to: a Medicare-based diagnosis-related group (MS-DRG) or similar system for payment of workers' compensation inpatient hospital services. Of the amount appropriated under section 14, paragraphs (c) and (d), up to $100,000 may be used by the commissioner to develop and implement the new system approved by the advisory council on workers' compensation.
(b) Funds available for expenditure under paragraph (a) may be used by the commissioner for reimbursement of expenditures that are reasonable and necessary to defray the costs of the implementation by hospitals, insurers, and self-insured employers of the new system including, but not limited to: a Medicare-based diagnosis-related group (MS-DRG) or similar system for payment of workers' compensation inpatient hospital services, litigation expense reform, worker safety training, administrative costs, or other related system reform.
(c) For the purposes of this section, reasonable and necessary system reform and implementation costs include, but are not limited to:
(1) the cost of analyzing data to determine the anticipated costs and savings of implementing the new system;
(2) the cost of analyzing system or organizational changes necessary for implementation;
(3) the cost of determining how an organization would implement group or other software;
(4) the cost of upgrading existing software or purchasing new software and other technology upgrades needed for implementation;
(5) the cost of educating and training staff about the new system as applied to workers' compensation; and
(6) the cost of integrating the new system with electronic billing and remittance systems.
new text begin (d) This section expires June 30, 2016. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 10.
Laws 2015, First Special Session chapter 1, article 1, section 2, subdivision 3, is amended to read:
Subd. 3.Workforce Development |
||||||
| Appropriations by Fund | ||
| General | 2,189,000 | 1,789,000 |
| Workforce Development | 17,567,000 | 16,767,000 |
(a) $1,039,000 each year from the general fund and $3,104,000 each year from the workforce development fund are for the adult workforce development competitive grant program. Of this amount, up to five percent is for administration and monitoring of the adult workforce development competitive grant program. All grant awards shall be for two consecutive years. Grants shall be awarded in the first year.
(b) $4,050,000 each year is from the workforce development fund for the Minnesota youth program under Minnesota Statutes, sections 116L.56 and 116L.561, to provide employment and career advising to youth, including career guidance in secondary schools, to address the youth career advising deficiency, to carry out activities outlined in Minnesota Statutes, section 116L.561, to provide support services, and to provide work experience to youth in the workforce service areas. The funds in this paragraph may be used for expansion of the pilot program combining career and higher education advising in Laws 2013, chapter 85, article 3, section 27. Activities in workforce services areas under this paragraph may serve all youth up to age 24.
(c) $1,000,000 each year is from the workforce development fund for the youthbuild program under Minnesota Statutes, sections 116L.361 to 116L.366.
(d) $450,000 each year is from the workforce development fund for a grant to Minnesota Diversified Industries, Inc., to provide progressive development and employment opportunities for people with disabilities.
(e) $3,348,000 each year is from the workforce development fund for the "Youth at Work" youth workforce development competitive grant program. Of this amount, up to five percent is for administration and monitoring of the youth workforce development competitive grant program. All grant awards shall be for two consecutive years. Grants shall be awarded in the first year.
(f) $500,000 each year is from the workforce development fund for the Opportunities Industrialization Center programs.
(g) $750,000 each year is from the workforce development fund for a grant to the Minnesota Alliance of Boys and Girls Clubs to administer a statewide project of youth jobs skills development. This project, which may have career guidance components, including health and life skills, is to encourage, train, and assist youth in job-seeking skills, workplace orientation, and job-site knowledge through coaching. This grant requires a 25 percent match from nonstate resources.
(h) $250,000 the first year and $250,000 the second year are for pilot programs in the workforce service areas to combine career and higher education advising.
(i) $215,000 each year is from the workforce development fund for a grant to Big Brothers, Big Sisters of the Greater Twin Cities for workforce readiness, employment exploration, and skills development for youth ages 12 to 21. The grant must serve youth in the Twin Cities, Central Minnesota and Southern Minnesota Big Brothers, Big Sisters chapters.
(j) $900,000 in fiscal year 2016 and $1,100,000 in fiscal year 2017 are from the workforce development fund for a grant to the Minnesota High Tech Association to support SciTechsperience, a program that supports science, technology, engineering, and math (STEM) internship opportunities for two- and four-year college students in their field of study. The internship opportunities must match students with paid internships within STEM disciplines at small, for-profit companies located in the seven-county metropolitan area, having fewer than 150 total employees; or at small or medium, for-profit companies located outside of the seven-county metropolitan area, having fewer than 250 total employees. At least 200 students must be matched in the first year and at least 250 students must be matched in the second year. Selected hiring companies shall receive from the grant 50 percent of the wages paid to the intern, capped at $2,500 per intern. The program must work toward increasing the participation among women or other underserved populations.
(k) $50,000 each year is from the workforce development fund for a grant to the St. Cloud deleted text begin Areadeleted text end Somali deleted text begin Salvationdeleted text end new text begin Youthnew text end Organization for youth development and crime prevention activities. Grant funds may be used to train and place mentors in elementary and secondary schools; for athletic, social, and other activities to foster leadership development; to provide a safe place for participating youth to gather after school, on weekends, and on holidays; and activities to improve the organizational and job readiness skills of participating youth.new text begin This is a onetime appropriation and is available until June 30, 2019. Funds appropriated the first year are available for use in the second year of the biennium.new text end
(l) $500,000 each year is for rural career counseling coordinator positions in the workforce service areas and for the purposes specified in Minnesota Statutes, section 116L.667. The commissioner, in consultation with local workforce investment boards and local elected officials in each of the service areas receiving funds, shall develop a method of distributing funds to provide equitable services across workforce service areas.
(m) $400,000 in fiscal year 2016 is for a grant to YWCA Saint Paul for training and job placement assistance, including commercial driver's license training, through the job placement and retention program. This is a onetime appropriation.
(n) $800,000 in fiscal year 2016 is from the workforce development fund for the customized training program for manufacturing industries under article 2, section 24. This is a onetime appropriation and is available in either year of the biennium. Of this amount:
(1) $350,000 is for a grant to Central Lakes College for the purposes of this paragraph;
(2) $250,000 is for Minnesota West Community and Technical College for the purposes of this paragraph; and
(3) $200,000 is for South Central College for the purposes of this paragraph.
(o) $500,000 each year is from the workforce development fund for a grant to Resource, Inc. to provide low-income individuals career education and job skills training that are fully integrated with chemical and mental health services.
(p) $200,000 in fiscal year 2016 and $200,000 in fiscal year 2017 are from the workforce development fund for performance grants under Minnesota Statutes, section 116J.8747, to Twin Cities RISE! to provide training to hard-to-train individuals. This is a onetime appropriation.
(q) $200,000 in fiscal year 2016 is from the workforce development fund for the foreign-trained health care professionals grant program modeled after the pilot program conducted under Laws 2006, chapter 282, article 11, section 2, subdivision 12, to encourage state licensure of foreign-trained health care professionals, including: physicians, with preference given to primary care physicians who commit to practicing for at least five years after licensure in underserved areas of the state; nurses; dentists; pharmacists; mental health professionals; and other allied health care professionals. The commissioner must collaborate with health-related licensing boards and Minnesota workforce centers to award grants to foreign-trained health care professionals sufficient to cover the actual costs of taking a course to prepare health care professionals for required licensing examinations and the fee for the state licensing examinations. When awarding grants, the commissioner must consider the following factors:
(1) whether the recipient's training involves a medical specialty that is in high demand in one or more communities in the state;
(2) whether the recipient commits to practicing in a designated rural area or an underserved urban community, as defined in Minnesota Statutes, section 144.1501;
(3) whether the recipient's language skills provide an opportunity for needed health care access for underserved Minnesotans; and
(4) any additional criteria established by the commissioner.
This is a onetime appropriation and is available until June 30, 2019.
Sec. 11.
Laws 2015, First Special Session chapter 1, article 1, section 6, is amended to read:
Sec. 6.BUREAU OF MEDIATION SERVICES |
$ | 2,208,000 | $ |
deleted text begin
2,234,000
deleted text end
new text begin 2,622,000 new text end |
||
(a) $68,000 each year is for grants to area labor management committees. Grants may be awarded for a 12-month period beginning July 1 each year. Any unencumbered balance remaining at the end of the first year does not cancel but is available for the second year.
(b) $125,000 each year is for purposes of the Public Employment Relations Board under Minnesota Statutes, section 179A.041.
(c) $256,000 deleted text begin each year isdeleted text end new text begin in fiscal year 2016 and $394,000 in fiscal year 2017 arenew text end for the Office of Collaboration and Dispute Resolution under Minnesota Statutes, section 179.90. new text begin The base appropriation for this purpose is $394,000 in fiscal year 2018 and $394,000 in fiscal year 2019. new text end Of this amount, $160,000 each year is for grants under Minnesota Statutes, section 179.91, and $96,000 each year is for intergovernmental and public policy collaboration and operation of the office.
new text begin (d) $250,000 is to complete the Case Management System-Database Project Phase II. This is a onetime appropriation. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 12.
Minnesota Statutes 2014, section 61A.24, is amended by adding a subdivision to read:
new text begin Subd. 12b. new text end
new text begin Mortality table; exception. new text end
new text begin Notwithstanding subdivisions 12, 12a, or any other law to the contrary, a company may use the Commissioners 2017 Standard Ordinary Mortality Table in determining the minimum nonforfeiture standard for policies issued on or after January 1, 2017. new text end
Sec. 13.
Minnesota Statutes 2014, section 61A.25, is amended by adding a subdivision to read:
new text begin Subd. 15. new text end
new text begin Mortality table; exception. new text end
new text begin Notwithstanding anything in this section, or any other law to the contrary, a company may use the Commissioners 2017 Standard Ordinary Mortality Table in determining the minimum valuation standard for policies issued on or after January 1, 2017. new text end
Sec. 14.
Minnesota Statutes 2014, section 116J.423, is amended to read:
116J.423 MINNESOTA deleted text begin MINERALSdeleted text end 21ST CENTURY FUND.
Subdivision 1.
Created.
The Minnesota deleted text begin mineralsdeleted text end 21st century fund is created as a separate account in the treasury. Money in the account is appropriated to the commissioner of employment and economic development for the purposes of this section. All money earned by the account, loan repayments of principal and interest, and earnings on investments must be credited to the account. For the purpose of this section, "fund" means the Minnesota deleted text begin mineralsdeleted text end 21st century fund. The commissioner shall operate the account as a revolving account.
Subd. 2.
Use of fund.
The commissioner shall use money in the fund to make loans or equity investments in mineralnew text begin , steel,new text end or deleted text begin taconitedeleted text end new text begin any other industry new text end processing deleted text begin facilitiesdeleted text end , deleted text begin steeldeleted text end production deleted text begin facilitiesdeleted text end , deleted text begin facilities for the manufacturing of renewable energy products, or facilities for the manufacturing of biobased or biomass products,deleted text end new text begin manufacturing, or technology project that would enhance the economic diversification new text end and that deleted text begin aredeleted text end new text begin is new text end located within the taconite relief tax area as defined under section 273.134. The commissioner must, prior to making any loans or equity investments and after consultation with industry and public officials, develop a strategy for making loans and equity investments that assists the deleted text begin Minnesota mineral industry in becoming globally competitivedeleted text end new text begin taconite relief area in retaining and enhancing its economic competitivenessnew text end . Money in the fund may also be used to pay for the costs of carrying out the commissioner's due diligence duties under this section.
Subd. 2a.
Grants authorized.
Notwithstanding subdivision 2, the commissioner may use money in the fund to make grants to a municipality or county, or to a county regional rail authority as appropriate, for public infrastructure needed to support an eligible project under this section. Grant money may be used by the municipality, county, or regional rail authority to acquire right-of-way and mitigate loss of wetlands and runoff of storm water; to predesign, design, construct, and equip roads and rail lines; and, in cooperation with municipal utilities, to predesign, design, construct, and equip natural gas pipelines, electric infrastructure, water supply systems, and wastewater collection and treatment systems. Grants made under this subdivision are available until expended.
Subd. 3.
Requirements prior to committing funds.
The commissioner, prior to making a commitment for a loan or equity investment must, at a minimum, conduct due diligence research regarding the proposed loan or equity investment, including contracting with professionals as needed to assist in the due diligence.
Subd. 4.
Requirements for fund disbursements.
The commissioner may make conditional commitments for loans or equity investments but disbursements of funds pursuant to a commitment may not be made until commitments for the remainder of a project's funding are made that are satisfactory to the commissioner and disbursements made from the other commitments sufficient to protect the interests of the state in its loan or investment.
Subd. 5.
Company contribution.
The commissioner may provide loans or equity investments that match, in a proportion determined by the commissioner, an investment made by the owner of a facility.
Sec. 15.
Minnesota Statutes 2014, section 116J.424, is amended to read:
116J.424 IRON RANGE RESOURCES AND REHABILITATION BOARD CONTRIBUTION.
The commissioner of the Iron Range Resources and Rehabilitation Board with approval by the board, deleted text begin shalldeleted text end new text begin may new text end provide an equal match for any loan or equity investment made for a deleted text begin facilitydeleted text end new text begin project new text end located in the tax relief area defined in section 273.134, paragraph (b), by the Minnesota deleted text begin mineralsdeleted text end 21st century fund created by section 116J.423. The match may be in the form of a loan or equity investment, notwithstanding whether the fund makes a loan or equity investment. The state shall not acquire an equity interest because of an equity investment or loan by the board and the board at its sole discretion shall decide what interest it acquires in a project. The commissioner of employment and economic development may require a commitment from the board to make the match prior to disbursing money from the fund.
Sec. 16.
Minnesota Statutes 2014, section 116J.431, subdivision 1, is amended to read:
Subdivision 1.
Grant program established; purpose.
(a) The commissioner shall make grants to counties or cities to provide up to 50 percent of the capital costs of public infrastructure necessary for an eligible economic development project. The county or city receiving a grant must provide for the remainder of the costs of the project, either in cash or in kind. In-kind contributions may include the value of site preparation other than the public infrastructure needed for the project.
(b) The purpose of the grants made under this section is to keep or enhance jobs in the area, increase the tax base, or to expand or create new economic development.
new text begin (c) In awarding grants under this section, the commissioner must adhere to the criteria under subdivision 4. new text end
new text begin (d) If the commissioner awards a grant for less than 50 percent of the project, the commissioner shall provide the applicant and the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over economic development finance a written explanation of the reason less than 50 percent of the capital costs were awarded in the grant. new text end
Sec. 17.
Minnesota Statutes 2014, section 116J.431, subdivision 2, is amended to read:
Subd. 2.
Eligible projects.
An economic development project for which a county or city may be eligible to receive a grant under this section includes:
(1) manufacturing;
(2) technology;
(3) warehousing and distribution;
(4) research and development;
(5) agricultural processing, defined as transforming, packaging, sorting, or grading livestock or livestock products into goods that are used for intermediate or final consumption, including goods for nonfood use; or
(6) industrial park development that would be used by any other business listed in this subdivisionnew text begin even if no business has committed to locate in the industrial park at the time the grant application is madenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 18.
Minnesota Statutes 2014, section 116J.431, subdivision 4, is amended to read:
Subd. 4.
Application.
(a) The commissioner must develop forms and procedures for soliciting and reviewing applications for grants under this section. At a minimum, a county or city must include in its application a resolution of the county or city council certifying that the required local match is available. The commissioner must evaluate complete applications for eligible projects using the following criteria:
(1) the project is an eligible project as defined under subdivision 2;
(2) the project deleted text begin willdeleted text end new text begin is expected to new text end result innew text begin or will attractnew text end substantial public and private capital investment and provide substantial economic benefit to the county or city in which the project would be located;
(3) the project is not relocating substantially the same operation from another location in the state, unless the commissioner determines the project cannot be reasonably accommodated within the county or city in which the business is currently located, or the business would otherwise relocate to another state; and
(4) the project new text begin is expected to or new text end will create or deleted text begin maintaindeleted text end new text begin retainnew text end full-time jobs.
(b) The determination of whether to make a grant for a site is within the discretion of the commissioner, subject to this section. The commissioner's decisions and application of the deleted text begin prioritiesdeleted text end new text begin criterianew text end are not subject to judicial review, except for abuse of discretion.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 19.
Minnesota Statutes 2014, section 116J.431, subdivision 6, is amended to read:
Subd. 6.
Maximum grant amount.
A county or city may receive no more than deleted text begin $1,000,000deleted text end new text begin $2,000,000new text end in two years for one or more projects.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 20.
Minnesota Statutes 2014, section 116J.68, is amended to read:
116J.68 BUREAU OF SMALL BUSINESS.
Subdivision 1.
Generally.
The Bureau of Small Business within the business assistance center shall serve as a clearinghousenew text begin , technical assistance center,new text end and referral service for information new text begin and other assistance new text end needed by small businesses including small targeted group businesses and small businesses located in an economically disadvantaged area.
Subd. 2.
Duties.
The bureau shall:
(1) provide information and assistance with respect to all aspects of business planningnew text begin , business finance,new text end and business management related to the start-up, operation, or expansion of a small business in Minnesota;
(2) refer persons interested in the start-up, operation, or expansion of a small business in Minnesota to assistance programs sponsored by federal agencies, state agencies, educational institutions, chambers of commerce, civic organizations, community development groups, private industry associations, and other organizations;
(3) plan, develop, and implement a master file of information on small business assistance programs of federal, state, and local governments, and other public and private organizations so as to provide comprehensive, timely information to the bureau's clients;
(4) employ staff with adequate and appropriate skills and education and training for the delivery of information and assistance;
(5) seek out and utilize, to the extent practicable, contributed expertise and services of federal, state, and local governments, educational institutions, and other public and private organizations;
(6) maintain a close and continued relationship with the director of the procurement program within the Department of Administration so as to facilitate the department's duties and responsibilities under sections 16C.16 to 16C.19 relating to the small targeted group business and economically disadvantaged business program of the state;
(7) develop an information system which will enable the commissioner and other state agencies to efficiently store, retrieve, analyze, and exchange data regarding small business development and growth in the state. All executive branch agencies of state government and the secretary of state shall to the extent practicable, assist the bureau in the development and implementation of the information system;
(8) establish and maintain a toll-free telephone numbernew text begin , e-mail account, and other electronic contact mediums determined by the commissionernew text end so that all small business persons anywhere in the state deleted text begin can calldeleted text end new text begin may contactnew text end the bureau office for assistance. An outreach program shall be established to make the existence of the bureau new text begin and the assistance and services the bureau may provide to small businesses new text end well known to its potential clientele throughout the state. If the small business person requires a referral to another provider the bureau may use the business assistance referral system established by the Minnesota Project Outreach Corporation;
(9) conduct research and provide data as required by the state legislature;
(10) develop and publish material on all aspects of the start-up, operation, or expansion of a small business in Minnesota;
(11) collect and disseminate information on state procurement opportunities, including information on the procurement process;
(12) develop a public awareness program deleted text begin through the use ofdeleted text end new text begin regarding state assistance programs for small businesses, including those programs specifically for socially disadvantaged small business persons. The commissioner may utilize print and electronicnew text end newsletters, personal contacts, deleted text begin anddeleted text end new text begin advertising devices as defined in section 173.02, subdivision 16, social media, othernew text end electronic and print news media advertising deleted text begin about state assistance programs for small businesses, including those programs specifically for socially disadvantaged small business personsdeleted text end new text begin , and any other means determined by the commissionernew text end ;
(13) enter into agreements with the federal government and other public and private entities to serve as the statewide coordinator or host agency for the federal small business development center program under United States Code, title 15, section 648; and
(14) assist providers in the evaluation of their programs and the assessment of their service area needs. The bureau may establish model evaluation techniques and performance standards for providers to use.
Sec. 21.
Minnesota Statutes 2014, section 116J.8737, subdivision 3, is amended to read:
Subd. 3.
Certification of qualified investors.
(a) Investors may apply to the commissioner for certification as a qualified investor for a taxable year. The application must be in the form and be made under the procedures specified by the commissioner, accompanied by an application fee of $350. Application fees are deposited in the small business investment tax credit administration account in the special revenue fund. The application for certification for 2010 must be made available on the department's Web site by August 1, 2010. Applications for subsequent years' certification must be made available on the department's Web site by November 1 of the preceding year.
(b) Within 30 days of receiving an application for certification under this subdivision, the commissioner must either certify the investor as satisfying the conditions required of a qualified investor, request additional information from the investor, or reject the application for certification. If the commissioner requests additional information from the investor, the commissioner must either certify the investor or reject the application within 30 days of receiving the additional information. If the commissioner neither certifies the investor nor rejects the application within 30 days of receiving the original application or within 30 days of receiving the additional information requested, whichever is later, then the application is deemed rejected, and the commissioner must refund the $350 application fee. An investor who applies for certification and is rejected may reapply.
(c) To receive certification, an investor must (1) be a natural person; and (2) certify to the commissioner that the investor will only invest in a transaction that is exempt under section 80A.46, clause (13) or (14), new text begin in a security exempt under section 80A.461, new text end or in a security registered under section 80A.50, paragraph (b).
(d) In order for a qualified investment in a qualified small business to be eligible for tax credits, a qualified investor who makes the investment must have applied for and received certification for the calendar year prior to making the qualified investment, except in the case of an investor who is not an accredited investor, within the meaning of Regulation D of the Securities and Exchange Commission, Code of Federal Regulations, title 17, section 230.501, paragraph (a), application for certification may be made within 30 days after making the qualified investment.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective for taxable years beginning after December 31, 2015. new text end
Sec. 22.
Minnesota Statutes 2014, section 116J.8747, subdivision 1, is amended to read:
Subdivision 1.
Grant allowed.
The commissioner may provide a grant to a qualified job training program from money appropriated for the purposes of this section as follows:
(1) deleted text begin a $9,000deleted text end new text begin an $11,000 new text end placement grant paid to a job training program upon placement in employment of a qualified graduate of the program; and
(2) deleted text begin a $9,000deleted text end new text begin an $11,000 new text end retention grant paid to a job training program upon retention in employment of a qualified graduate of the program for at least one year.
Sec. 23.
Minnesota Statutes 2014, section 116J.8747, subdivision 2, is amended to read:
Subd. 2.
Qualified job training program.
To qualify for grants under this section, a job training program must satisfy the following requirements:
(1) the program must be operated by a nonprofit corporation that qualifies under section 501(c)(3) of the Internal Revenue Code;
(2) the program must spend deleted text begin at leastdeleted text end new text begin , on average,new text end $15,000 new text begin or more new text end per graduate of the program;
(3) the program must provide education and training in:
(i) basic skills, such as reading, writing, mathematics, and communications;
(ii) thinking skills, such as reasoning, creative thinking, decision making, and problem solving; and
(iii) personal qualities, such as responsibility, self-esteem, self-management, honesty, and integrity;
(4) the program deleted text begin mustdeleted text end new text begin may new text end provide income supplements, when needed, to participants for housing, counseling, tuition, and other basic needs;
(5) the program's education and training course must last for an average of at least six months;
(6) individuals served by the program must:
(i) be 18 years of age or older;
(ii) have federal adjusted gross income of no more than deleted text begin $11,000deleted text end new text begin $12,000 new text end per year in the calendar year immediately before entering the program;
(iii) have assets of no more than deleted text begin $7,000deleted text end new text begin $10,000new text end , excluding the value of a homestead; and
(iv) not have been claimed as a dependent on the federal tax return of another person in the previous taxable year; and
(7) the program must be certified by the commissioner of employment and economic development as meeting the requirements of this subdivision.
Sec. 24.
Minnesota Statutes 2014, section 116M.14, subdivision 2, is amended to read:
Subd. 2.
Board.
"Board" means the deleted text begin Urban Initiative Board.deleted text end new text begin Minnesota emerging entrepreneur program.new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 25.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 3a. new text end
new text begin Department. new text end
new text begin "Department" means the Department of Employment and Economic Development. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 26.
Minnesota Statutes 2014, section 116M.14, subdivision 4, is amended to read:
Subd. 4.
Low-income area.
"Low-income area" means:
(1) Minneapolis, St. Paul;
(2) those cities in the metropolitan area as defined in section 473.121, subdivision 2, that have an average income that is below 80 percent of the median income for a four-person family as of the latest report by the United States Census Bureau; and
(3) deleted text begin those cities in the metropolitan area, which contain two or more contiguous census tracts in which the average family income is less than 80 percent of the median family income for the Twin Citiesdeleted text end new text begin the area outside the new text end metropolitan area.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 27.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 4a. new text end
new text begin Low-income person. new text end
new text begin "Low-income person" means a person who has an annual income, adjusted for family size, of not more than 80 percent of the area median family income for the county of residence as of the latest report by the United States Census Bureau. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 28.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 4b. new text end
new text begin Metropolitan area. new text end
new text begin "Metropolitan area" has the meaning given in section 473.121, subdivision 2. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 29.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 6. new text end
new text begin Minority person. new text end
new text begin "Minority person" means a person belonging to a racial or ethnic minority as defined in Code of Federal Regulations, title 49, section 23.5. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 30.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 7. new text end
new text begin Program. new text end
new text begin "Program" means the Minnesota emerging entrepreneur program created by this chapter. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 31.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 8. new text end
new text begin Veteran. new text end
new text begin "Veteran" means a veteran as defined in section 197.447. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 32.
Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:
new text begin Subd. 9. new text end
new text begin Persons with disabilities. new text end
new text begin "Persons with disabilities" means an individual with a disability, as defined under the Americans with Disabilities Act, United States Code, title 42, section 12102. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 33.
Minnesota Statutes 2014, section 116M.15, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Creation;deleted text end Membership.
The deleted text begin Urban Initiativedeleted text end new text begin Minnesota Emerging Entrepreneur new text end Board is created and consists of the commissioner of employment and economic development, new text begin the commissioner of human rights, new text end the chair of the Metropolitan Council, and deleted text begin eightdeleted text end new text begin 12 new text end members from the general public appointed by the governor. deleted text begin Sixdeleted text end new text begin Nine new text end of the public members must be representatives from minority business enterprises. No more than deleted text begin fourdeleted text end new text begin six new text end of the public members may be of one gender. new text begin At least one member must be a representative from a veteran-owned business, and at least one member must be a representative from a business owned by a person with disabilities. Appointments must ensure balanced geographic representation. At least half of the public members must have experience working to address racial income disparities. new text end All public members must be experienced in business or economic development.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 34.
Minnesota Statutes 2014, section 116M.15, is amended by adding a subdivision to read:
new text begin Subd. 1a. new text end
new text begin Board responsibilities. new text end
new text begin The board shall: new text end
new text begin (1) submit a report to the commissioner by February 1 of each year describing the condition of Minnesota small businesses that are majority owned and operated by a racial or ethnic minority, woman, veteran, or a person with disabilities, along with any policy recommendations; new text end
new text begin (2) act as a liaison between the department and nonprofit corporations engaged in small business development support activities; and new text end
new text begin (3) assist the department in informational outreach about the program. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 35.
Minnesota Statutes 2014, section 116M.17, subdivision 2, is amended to read:
Subd. 2.
Technical assistance.
The deleted text begin board through thedeleted text end departmentdeleted text begin ,deleted text end shall provide technical assistance and deleted text begin development information services to state agencies, regional agencies, special districts, local governments, and the public, with special emphasis on minority communitiesdeleted text end new text begin informational outreach about the program to lenders, nonprofit corporations, and low-income and minority communities throughout the state that support the development of business enterprises and entrepreneursnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 36.
Minnesota Statutes 2014, section 116M.17, subdivision 4, is amended to read:
Subd. 4.
Reports.
The board shall submit an annual report to the legislature of an accounting of loans made under section 116M.18, including information on loans deleted text begin to minority business enterprisesdeleted text end new text begin madenew text end , new text begin the number of jobs created by the program, new text end the impact on low-income areas, and recommendations concerning minority business development and jobs for persons in low-income areas.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 37.
Minnesota Statutes 2014, section 116M.18, is amended to read:
116M.18 deleted text begin URBAN CHALLENGE GRANTSdeleted text end new text begin MINNESOTA EMERGING ENTREPRENEUR new text end PROGRAM.
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin The Minnesota emerging entrepreneur program is established to award grants to nonprofit corporations to fund loans to businesses owned by minority or low-income persons, women, veterans, or people with disabilities. new text end
new text begin Subd. 1a. new text end
new text begin Statewide loans. new text end
new text begin To the extent there is sufficient eligible demand, loans shall be made so that an approximately equal dollar amount of loans are made to businesses in the metropolitan area as in the nonmetropolitan area. After September 30 of each calendar year, the department may allow loans to be made anywhere in the state without regard to geographic area. new text end
deleted text begin Subdivision 1deleted text end new text begin Subd. 1bnew text end .
deleted text begin Eligibility rulesdeleted text end new text begin Grantsnew text end .
The deleted text begin boarddeleted text end new text begin department new text end shall make deleted text begin urban challengedeleted text end grants deleted text begin for use in low-income areasdeleted text end to nonprofit corporationsnew text begin to fund loans to businesses owned by minority or low-income persons, women, veterans, or people with disabilities new text end to encourage private investment, to provide jobs for minoritynew text begin and low-incomenew text end persons deleted text begin and others in low-income areasdeleted text end , to create and strengthen minority business enterprises, and to promote economic development in a low-income area. deleted text begin The board shall adopt rules to establish criteria for determining loan eligibility.deleted text end
Subd. 2.
deleted text begin Challengedeleted text end Grant eligibility; nonprofit corporation.
new text begin (a) new text end The deleted text begin boarddeleted text end new text begin department new text end may enter into agreements with nonprofit corporations to fund deleted text begin and guaranteedeleted text end loans the nonprofit corporation makes deleted text begin in low-income areas under subdivision 4. A corporation must demonstrate thatdeleted text end new text begin to businesses owned by minority or low-income persons, women, veterans, or people with disabilities. The department shall evaluate applications from nonprofit corporations. In evaluating applications, the department must consider, among other things, whether the nonprofit corporationnew text end :
(1) deleted text begin itsdeleted text end new text begin has anew text end board of directors new text begin that new text end includes citizens experienced in new text begin business and community new text end development, minority business enterprises, new text begin addressing racial income disparities, new text end and creating jobs deleted text begin in low-income areasdeleted text end new text begin for low-income and minority personsnew text end ;
(2) deleted text begin itdeleted text end has the technical skills to analyze projects;
(3) deleted text begin itdeleted text end is familiar with other available public and private funding sources and economic development programs;
(4) deleted text begin itdeleted text end can initiate and implement economic development projects;
(5) deleted text begin itdeleted text end can establish and administer a revolving loan accountnew text begin or has operated a revolving loan accountnew text end ; deleted text begin anddeleted text end
(6) deleted text begin itdeleted text end can work with job referral networks which assist minority and deleted text begin other persons in low-income areasdeleted text end new text begin low-income persons; andnew text end
new text begin (7) has established relationships with minority communitiesnew text end .
new text begin (b) The department shall review existing agreements with nonprofit corporations every five years and may renew or terminate the agreement based on the review. In making its review, the department shall consider, among other criteria, the criteria in paragraph (a). new text end
Subd. 3.
Revolving loan fund.
(a) The deleted text begin boarddeleted text end new text begin department new text end shall establish a revolving loan fund to make grants to nonprofit corporations for the purpose of making loans deleted text begin and loan guaranteesdeleted text end to deleted text begin new and expandingdeleted text end businesses deleted text begin in a low-income area to promotedeleted text end new text begin owned by minority or low-income persons, women, veterans, or people with disabilities, and to supportnew text end minority business enterprises and job creation for minority and deleted text begin other persons in low-income areasdeleted text end new text begin low-income personsnew text end .
(b)new text begin Nonprofit corporations that receive grants from the department under the program must establish a commissioner-certified revolving loan fund for the purpose of making eligible loans.new text end
new text begin (c) new text end Eligible business enterprises include, but are not limited to, technologically innovative industries, value-added manufacturing, and information industries.
new text begin (d) new text end Loan applications given preliminary approval by the nonprofit corporation must be forwarded to the deleted text begin boarddeleted text end new text begin department new text end for approval. The commissioner must give final approval for each loan deleted text begin or loan guaranteedeleted text end made by the nonprofit corporation. The amount of the state funds contributed to any loan deleted text begin or loan guaranteedeleted text end may not exceed 50 percent of each loan.
Subd. 4.
Business loan criteria.
(a) The criteria in this subdivision apply to loans made deleted text begin or guaranteeddeleted text end by nonprofit corporations under the deleted text begin urban challenge grantdeleted text end program.
(b) Loans deleted text begin or guaranteesdeleted text end must be made to businesses that are not likely to undertake a project for which loans are sought without assistance from the deleted text begin urban challenge grant deleted text end program.
(c) A loan deleted text begin or guaranteedeleted text end must be used deleted text begin for a project designed to benefit persons in low-income areas through the creation of job or business opportunities for themdeleted text end new text begin to support a business owned by a minority or a low-income person, woman, veteran, or a person with disabilitiesnew text end . Priority must be given for loans to the lowest income areas.
(d) The minimum state contribution to a loan deleted text begin or guaranteedeleted text end is $5,000 and the maximum is $150,000.
(e) The state contribution must be matched by at least an equal amount of new private investment.
(f) A loan may not be used for a retail development project.
(g) The business must agree to work with job referral networks that focus on minoritynew text begin and low-incomenew text end applicants deleted text begin from low-income areasdeleted text end .
Subd. 4a.
Microenterprise loan.
deleted text begin Urban challengedeleted text end new text begin Program new text end 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 deleted text begin $1,000deleted text end new text begin $5,000new text end and a maximum of deleted text begin $25,000 deleted text end new text begin $35,000new text end ; deleted text begin anddeleted text end
new text begin (3) in a low-income area, they may be made for a minimum of $5,000 and a maximum of $50,000; and new text end
deleted text begin (3)deleted text end new text begin (4)new text end they do not require a match.
Subd. 5.
Revolving fund administrationdeleted text begin ; rulesdeleted text end .
(a) The deleted text begin boarddeleted text end new text begin department new text end shall establish a minimum interest rate for loans or guarantees to ensure that necessary loan administration costs are covered.new text begin The interest rate charged by a nonprofit corporation for a loan under this subdivision must not exceed the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the nonprofit corporation may charge a loan origination fee equal to or less than one percent of the loan value. The nonprofit corporation may retain the amount of the origination fee.new text end
(b) Loan repayment deleted text begin amounts equal to one-halfdeleted text end of deleted text begin thedeleted text end principal deleted text begin and interestdeleted text end must be deleted text begin deposited in a revolving fund created by the board for challenge grants. The remaining amount of the loan repayment may bedeleted text end new text begin paid to the department for deposit in the revolving loan fund. Loan interest payments must be new text end deposited in a revolving loan fund created by the nonprofit corporation originating the loan being repaid for further distributionnew text begin or usenew text end , consistent with the deleted text begin loandeleted text end criteria deleted text begin specified in subdivision 4deleted text end new text begin of this sectionnew text end .
(c) Administrative expenses of the deleted text begin board anddeleted text end nonprofit corporations with whom the deleted text begin boarddeleted text end new text begin department new text end enters into agreements deleted text begin under subdivision 2deleted text end , including expenses incurred by a nonprofit corporation in providing financial, technical, managerial, and marketing assistance to a business enterprise receiving a loan under subdivision 4, 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, as may be provided by the deleted text begin boarddeleted text end new text begin departmentnew text end .
deleted text begin Subd. 6. deleted text end
deleted text begin Rules. deleted text end
deleted text begin The board shall adopt rules to implement this section. deleted text end
deleted text begin Subd. 6a. deleted text end
deleted text begin Nonprofit corporation loans. deleted text end
deleted text begin The board may make loans to a nonprofit corporation with which it has entered into an agreement under subdivision 1 . These loans must be used to support a new or expanding business. This support may include such forms of financing as the sale of goods to the business on installment or deferred payments, lease purchase agreements, or royalty investments in the business. The interest rate charged by a nonprofit corporation for a loan under this subdivision must not exceed the Wall Street Journal prime rate plus four percent. For a loan under this subdivision, the nonprofit corporation may charge a loan origination fee equal to or less than one percent of the loan value. The nonprofit corporation may retain the amount of the origination fee. The nonprofit corporation must provide at least an equal match to the loan received by the board. The maximum loan available to the nonprofit corporation under this subdivision is $50,000. Loans made to the nonprofit corporation under this subdivision may be made without interest. Repayments made by the nonprofit corporation must be deposited in the revolving fund created for urban initiative grants. deleted text end
Subd. 7.
Cooperation.
A nonprofit corporation that receives deleted text begin an urban challengedeleted text end new text begin a programnew text end grant shall cooperate with other organizations, including but not limited to, community development corporations, community action agencies, and the Minnesota small business development centers.
Subd. 8.
Reporting requirements.
A nonprofit corporation that receives a deleted text begin challengedeleted text end new text begin programnew text end grant shall:
(1) submit an annual report to the board new text begin and department new text end by deleted text begin Septemberdeleted text end new text begin Marchnew text end 30 of each year that includes a description of deleted text begin projectsdeleted text end new text begin businessesnew text end supported by the deleted text begin urban challengedeleted text end grant program, an account of loans made during the calendar year, the program's impact on minority business enterprises and job creation for minority persons and new text begin low-income new text end persons deleted text begin in low-income areasdeleted text end , the source and amount of money collected and distributed by the deleted text begin urban challenge grantdeleted text end program, the program's assets and liabilities, and an explanation of administrative expenses; and
(2) provide for an independent annual audit to be performed in accordance with generally accepted accounting practices and auditing standards and submit a copy of each annual audit report to the deleted text begin boarddeleted text end new text begin departmentnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 1, 2016. new text end
Sec. 38.
Minnesota Statutes 2015 Supplement, section 326B.988, is amended to read:
326B.988 EXCEPTIONS.
(a) The provisions of sections 326B.95 to 326B.998 shall not apply to:
(1) boilers and pressure vessels in buildings occupied solely for residence purposes with accommodations for not more than five families;
(2) railroad locomotives operated by railroad companies for transportation purposes;
(3) air tanks installed on the right-of-way of railroads and used directly in the operation of trains;
(4) boilers and pressure vessels under the direct jurisdiction of the United States;
(5) unfired pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size;
(6) pressure vessels used for storage of compressed air not exceeding five cubic feet in volume and equipped with an ASME code stamped safety valve set at a maximum of 100 psig;
(7) pressure vessels having an inside diameter not exceeding six inches;
(8) every vessel that contains water under pressure, including those containing air that serves only as a cushion, whose design pressure does not exceed 300 psig and whose design temperature does not exceed 210 degrees Fahrenheit;
(9) boiler or pressure vessels located on farms used solely for agricultural or horticultural purposes; for purposes of this section, boilers used for mint oil extraction are considered used for agricultural or horticultural purposes, provided that the owner or lessee complies with the inspection requirements contained in section 326B.958;
(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;
(11) unfired pressure vessels in petroleum refineries;
(12) an air tank or pressure vessel which is an integral part of a passenger motor bus, truck, or trailer;
(13) hot water heating and other hot liquid boilers not exceeding a heat input of 750,000 BTU per hour;
(14) hot water supply boilers (water heaters) not exceeding a heat input of 500,000 BTU per hour, a water temperature of 210 degrees Fahrenheit, a nominal water capacity of 120 gallons, or a pressure of 160 psig;
(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;
(16) pressure vessels operated full of water or other liquid not materially more hazardous than water, if the vessel's contents' temperature does not exceed 210 degrees Fahrenheit or a pressure of 200 psig;
(17) steam-powered turbines at papermaking facilities which are powered by steam generated by steam facilities at a remote location;
(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, or antique motor vehicles constructed or maintained only as a hobby for exhibition, educational or historical purposes and not for commercial use, if the boilers have an inside diameter of 12 inches or less, or a grate area of two square feet or less, and are equipped with an ASME stamped safety valve of adequate size, a water level indicator, and a pressure gauge;
(19) any pressure vessel used as an integral part of an electrical circuit breaker;
(20) pressure vessels used for the storage of refrigerant if they are built to ASME code specifications, registered with the national board, and equipped with an ASME code-stamped pressure-relieving device set no higher than the maximum allowable working pressure of the vessel. This does not include pressure vessels used in ammonia refrigeration systems;
(21) pressure vessels used for the storage of oxygen, nitrogen, helium, carbon dioxide, argon, nitrous oxide, or other medical gas, provided the vessel is constructed to ASME or Minnesota Department of Transportation specifications and equipped with an ASME code-stamped pressure-relieving device. The owner of the vessels shall perform annual visual inspections and planned maintenance on these vessels to ensure vessel integrity;
(22) pressure vessels used for the storage of compressed air for self-contained breathing apparatuses;
(23) hot water heating or other hot liquid boilers vented directly to the atmosphere; and
(24) pressure vessels used for the storage of compressed air not exceeding 1.5 cubic feet (11.22 gallons) in volume with a maximum allowable working pressure of 600 psi or less.
(b) An engineer's license is not required for hot water supply boilers.
(c) An engineer's license and annual inspection by the department is not required for boilers, steam cookers, steam kettles, steam sterilizers or other steam generators not exceeding 100,000 BTU per hour input, 25 kilowatt, and a pressure of 15 psig.
(d) Electric boilers not exceeding a maximum working pressure of 50 psig, maximum of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and shall not require an engineer license to operate.
(e) Sawmills, located in a county with a population of less than 8,000 according to the last federal census and that utilize steam for the drying of lumber, are not required to meet the high pressure boiler attendance requirements set forth in Minnesota Rules, part 5225.1180, only if all of the following conditions are met:
(1) the owner complies with the inspection requirements under section 326B.958, and the licensing requirements under section 326B.972; and
(2) the boiler:
(i) is equipped with electronic control systems that are remotely operated but which require on-site manual reset of system faults;
(ii) is remotely monitored for log water levels, boiler pressure, and steam flow;
(iii) has automatic safety mechanisms built into the remote monitoring systems that send an alarm upon detection of a fault condition, and an on-site alarm that will sound upon detection of a fault condition and which may be heard at a distance of 500 feet;
(iv) has a water treatment program that is supervised by a third party water treatment company; and
(v) is attended on site by a licensed boiler operator at least two times in a 24-hour period. If the boiler is not attended more than twice in a 24-hour period, the period between checks must not be less than eight hours.
deleted text begin This paragraph expires August 1, 2016. deleted text end new text begin This paragraph expires the sooner of August 1, 2018, or upon the effective date of a rule regulating high pressure boiler attendance requirements at a sawmill described in this paragraph adopted after the effective date of this act. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 39.
Minnesota Statutes 2014, 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 deleted text begin under the age of 22deleted text end new text begin 24 years of age or youngernew text end .
Sec. 40.
Minnesota Statutes 2014, section 462A.204, subdivision 3, is amended to read:
Subd. 3.
Set aside.
At least one grant must be awarded in an area located outside of the metropolitan area. A county, a group of contiguous counties jointly acting together, new text begin a tribe, a group of tribes, new text end or a community-based nonprofit organization with a sponsoring resolution from each of the county boards of the counties located within its operating jurisdiction may apply for and receive grants for areas located outside the metropolitan area.
Sec. 41.
new text begin [462A.38] WORKFORCE AND AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin A workforce and affordable homeownership development program is established to award homeownership development grants to nonprofit organizations, cooperatives created under chapter 308A or 308B, and community land trusts created for the purposes outlined in section 462A.31, subdivision 1, for development of workforce and affordable homeownership projects. The purpose of the program is to increase the supply of workforce and affordable, owner-occupied multifamily or single-family housing throughout Minnesota. new text end
new text begin Subd. 2. new text end
new text begin Use of funds. new text end
new text begin (a) Grant funds awarded under this program may be used for: new text end
new text begin (1) development costs; new text end
new text begin (2) rehabilitation; new text end
new text begin (3) land development; and new text end
new text begin (4) residential housing, including storm shelters and related community facilities. new text end
new text begin (b) A project funded through the grant program shall serve households that meet the income limits as provided in section 462A.33, subdivision 5, unless a project is intended for the purpose outlined in section 462A.02, subdivision 6. new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin The commissioner shall develop forms and procedures for soliciting and reviewing applications for grants under this section. The commissioner shall consult with interested stakeholders when developing the guidelines and procedures for the program. In making grants, the commissioner shall establish semiannual application deadlines in which grants will be authorized from all or part of the available appropriations. new text end
new text begin Subd. 4. new text end
new text begin Awarding grants. new text end
new text begin Among comparable proposals, preference must be given to proposals that include contributions from nonstate resources for the greatest portion of the total development cost. new text end
new text begin Subd. 5. new text end
new text begin Statewide program. new text end
new text begin The agency shall attempt to make grants in approximately equal amounts to applicants outside and within the metropolitan area. new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin Beginning January 15, 2018, the commissioner must annually submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over housing and workforce development specifying the projects that received grants under this section and the specific purposes for which the grant funds were used. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective the day following final enactment. new text end
Sec. 42.
Laws 2014, chapter 211, section 13, as amended by Laws 2015, First Special Session chapter 1, article 7, section 1, is amended to read:
Sec. 13.
EFFECTIVE DATE.
Sections 1 to 3 and 6 to 11 are effective July 1, deleted text begin 2016deleted text end new text begin 2017new text end . Sections 4, 5, and 12 are effective July 1, 2014.
EFFECTIVE DATE.
This section is effective the day following final enactment. Until July 1, deleted text begin 2016deleted text end new text begin 2017new text end , any employee, employer, employee or employer organization, exclusive representative, or any other person or organization aggrieved by an unfair labor practice as defined in Minnesota Statutes, section 179A.13, may bring an action for injunctive relief and for damages caused by the unfair labor practice in the district court of the county in which the practice is alleged to have occurred.
Sec. 43.
Laws 2015, First Special Session chapter 1, article 1, section 4, is amended to read:
Sec. 4.EXPLORE MINNESOTA TOURISM |
$ | 14,118,000 | $ | 14,248,000 | ||
(a) To develop maximum private sector involvement in tourism, $500,000 in fiscal year 2016 and $500,000 in fiscal year 2017 must be matched by Explore Minnesota Tourism from nonstate sources. Each $1 of state incentive must be matched with $6 of private sector funding. Cash match is defined as revenue to the state or documented cash expenditures directly expended to support Explore Minnesota Tourism programs. Up to one-half of the private sector contribution may be in-kind or soft match. The incentive in fiscal year 2016 shall be based on fiscal year 2015 private sector contributions. The incentive in fiscal year 2017 shall be based on fiscal year 2016 private sector contributions. This incentive is ongoing.new text begin Of this amount, $100,000 is for a grant to the Northern Lights International Music festival.new text end
(b) Funding for the marketing grants is available either year of the biennium. Unexpended grant funds from the first year are available in the second year.
(c) $30,000 in fiscal year 2016 is for Mille Lacs Lake tourism promotion. This is a onetime appropriation.
Sec. 44.
new text begin DAY TRAINING AND HABILITATION GRANT PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin The commissioner of employment and economic development shall establish a day training and habilitation grant program in fulfillment of the Olmstead Plan purpose of ensuring that people with disabilities have choices for competitive, meaningful, and sustained employment in the most integrated setting. new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin (a) For the purposes of this section, the following terms have the meanings given them. new text end
new text begin (b) "Day training and habilitation providers" means those organizations whose names are listed as Department of Human Services providers in the Minnesota Department of Administration, Materials Management Division, ALP Manual, Appendix J, without regard to whether they are listed as approved vendors with the Minnesota Department of Employment and Economic Development, Division of Rehabilitation Services as a community rehabilitation provider, limited-use vendor, or center for independent living, and irrespective as to whether they are accredited by CARF International. new text end
new text begin (c) "Competitive employment" means full-time or part-time employment, with or without support, in an integrated setting in the community that pays at least minimum wage, as defined by the Fair Labor Standards Act, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by workers without a disability. new text end
new text begin (d) "Olmstead Plan" means Minnesota's 2013 Olmstead Plan, dated November 1, 2013, and all subsequent modifications approved by the United States District Court. new text end
new text begin Subd. 3. new text end
new text begin Competitive process. new text end
new text begin The commissioner shall issue a request for proposals to day training and habilitation providers seeking proposals to assist the Department of Employment and Economic Development in achieving its goals as provided in the Olmstead Plan. Grant funds shall be used to improve individual employment outcomes by aligning programs, funding, and policies to support people with disabilities to choose, secure, and maintain competitive employment and self-employment, including, but not limited to, the following activities: new text end
new text begin (1) implementing policies and initiating processes that improve the employment outcomes of working adults with disabilities; new text end
new text begin (2) offering incentives for innovation that increase competitive employment in the general work force; new text end
new text begin (3) expanding the flexibility in current funding and services to increase competitive employment outcomes; new text end
new text begin (4) providing evidence of partnerships with private sector businesses and public sector employment; and new text end
new text begin (5) submitting outcome data, required by the department, according to the stipulations of the Olmstead Plan. new text end
new text begin Subd. 4. new text end
new text begin Eligibility. new text end
new text begin Any person who has a disability as determined by the Social Security Administration or state medical review team is eligible to receive services provided with grant funds. new text end
new text begin Subd. 5. new text end
new text begin Consultation required. new text end
new text begin The commissioner shall consult with the governor's Workforce Development Council, the Commission of Deaf, DeafBlind, and Hard-of-Hearing Minnesotans, the governor's Council on Developmental Disabilities, and other governor-appointed disability councils in designing, implementing, and evaluating the competitive grant program. new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin On or before February 1, 2017, and annually thereafter, the commissioner shall report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over employment and economic development policy and finance on the amount of funds awarded and the outcomes reported by grantees. new text end
Sec. 45.
new text begin EXPLOITED FAMILIES RENTAL ASSISTANCE PILOT PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Rental assistance program. new text end
new text begin (a) The commissioner of housing finance shall establish a grant pilot program within the housing trust fund to serve individuals or families from emerging communities at risk of being homeless and who have been victims of gender-based violence, including but not limited to domestic violence, sexual assault, trafficking, international abusive marriage, or forced marriage. For the purposes of this section, the term "emerging communities" is defined as communities that are unfamiliar with mainstream government services and that have limited English proficiency. The commissioner shall award grants to organizations that can provide or partner with an organization that can provide linguistically and culturally appropriate services and that have the capacity to serve individuals or families from emerging communities who have experienced gender-based violence. The commissioner may consult with the Departments of Human Services and Public Safety when establishing the grant program. new text end
new text begin (b) The pilot program must: new text end
new text begin (1) provide rental assistance to individuals or families with a minor child; new text end
new text begin (2) require the participants to pay at least 30 percent of the participant's income toward the rent; new text end
new text begin (3) allow the families to choose their own housing, including single-family homes, townhomes, and apartments; and new text end
new text begin (4) give priority to individuals or families who experience barriers in accessing housing, including having limited English proficiency, lack of positive rental history, employment history, and financial history. new text end
new text begin Subd. 2. new text end
new text begin Program evaluation. new text end
new text begin All grant recipients must collect and make available to the commissioner of housing finance aggregate data to assist the agency in the evaluation of the program. The commissioner of housing finance shall evaluate the program and measure the number of families served from emerging communities and the housing status of the participants. new text end
Sec. 46.
new text begin LAKE MILLE LACS AREA ECONOMIC RELIEF PROGRAM. new text end
new text begin Subdivision 1. new text end
new text begin Relief program established. new text end
new text begin Mille Lacs County must develop and implement a Lake Mille Lacs area economic relief program to assist businesses adversely affected by a decline in walleye fishing on Lake Mille Lacs. new text end
new text begin Subd. 2. new text end
new text begin Available relief. new text end
new text begin (a) The economic relief program established under this section may include grants or loans as provided in this section to the extent that funds are available. Prior to awarding a grant to Mille Lacs County for the relief program under this section: new text end
new text begin (1) the county must develop criteria, procedures, and requirements for: new text end
new text begin (i) determining eligibility for assistance; new text end
new text begin (ii) the duration, terms, underwriting and security requirements, and repayment requirements for loans; new text end
new text begin (iii) evaluating applications for assistance; new text end
new text begin (iv) awarding assistance; and new text end
new text begin (v) administering the grant and loan program authorized under this section; new text end
new text begin (2) the county must submit its criteria, procedures, and requirements developed pursuant to clause (1) to the commissioner of employment and economic development for review; and new text end
new text begin (3) the commissioner must approve the criteria, procedures, and requirements as developed pursuant to clause (1) to be used by the county in determining eligibility for assistance, evaluating, awarding, and administering the grant and loan program. new text end
new text begin (b) The relief authorized under this section includes: new text end
new text begin (1) grants not to exceed $50,000 per business. Grants may be awarded to applicants only when the county determines that a loan is not appropriate to address the needs of the applicant; and new text end
new text begin (2) loans, with or without interest, and deferred or forgivable loans. The maximum loan amount under this subdivision is $100,000 per business. The lending criteria adopted by the county for loans under this subdivision must: new text end
new text begin (i) specify that an entity receiving a deferred or forgivable loan must remain in the local community a minimum of five years after the date of the loan. The maximum loan deferral period must not exceed five years from the date the loan is approved. The maximum amount of a loan that may be forgiven must not exceed 50 percent of the principle amount and may be forgiven only if the business has remained in operation in the community for at least ten years after the loan is approved; and new text end
new text begin (ii) require submission of a business plan for continued operation until the walleye fishing resource recovers. The plan must document the probable success of the applicant's business plan and probable success in repaying the loan according to the terms established for the loan program; and new text end
new text begin (3) tourism promotion grants to the Mille Lacs Tourism Council. new text end
new text begin (c) All loan repayment funds under this subdivision must be paid to the commissioner of employment and economic development for deposit in the Minnesota investment fund disaster contingency account under Minnesota Statutes, section 116J.8731. new text end
new text begin Subd. 3. new text end
new text begin Qualification requirements. new text end
new text begin To qualify for assistance under this section, a business must: new text end
new text begin (1) be located within one of the following municipalities surrounding Lake Mille Lacs: new text end
new text begin (i) in Crow Wing County, the city of Garrison, township of Garrison, or township of Roosevelt; new text end
new text begin (ii) in Aitkin County, the township of Hazelton, township of Wealthwood, township of Malmo, or township of Lakeside; or new text end
new text begin (iii) in Mille Lacs County, the city of Isle, city of Wahkon, city of Onamia, township of East Side, township of Isle Harbor, township of South Harbor, or township of Kathio; new text end
new text begin (2) document a reduction of at least ten percent in gross receipts in any two-year period since 2010; and new text end
new text begin (3) be a business in one of the following industries, as defined within the North American Industry Classification System: accommodation, restaurants, bars, amusement and recreation, food and beverages retail, sporting goods, miscellaneous retail, general retail, museums, historical sites, health and personal care, gas station, general merchandise, business and professional membership, movies, or nonstore retailer, as determined by Mille Lacs County in consultation with the commissioner of employment and economic development. new text end
new text begin Subd. 4. new text end
new text begin Monitoring. new text end
new text begin (a) Mille Lacs County must establish performance measures that include, but are not limited to, the following components: new text end
new text begin (1) the number of loans approved and the amounts and terms of the loans; new text end
new text begin (2) the number of grants awarded, award amounts, and the reason that a grant award was made in lieu of a loan; new text end
new text begin (3) the loan default rate; new text end
new text begin (4) the number of jobs created or retained as a result of the assistance, including information on the wages and benefit levels, the status of the jobs as full-time or part-time, and the status of the jobs as temporary or permanent; new text end
new text begin (5) the amount of business activity and changes in gross revenues of the grant or loan recipient as a result of the assistance; and new text end
new text begin (6) the new tax revenue generated as a result of the assistance. new text end
new text begin (b) The commissioner of employment and economic development must monitor Mille Lacs County's compliance with this section and the performance measures developed under paragraph (a). new text end
new text begin (c) Mille Lacs County must comply with all requests made by the commissioner under this section. new text end
new text begin Subd. 5. new text end
new text begin Business subsidy requirements. new text end
new text begin Sections 116J.993 to 116J.995 do not apply to assistance under this section. Businesses in receipt of assistance under this section must provide for job creation and retention goals, and wage and benefit goals. new text end
new text begin Subd. 6. new text end
new text begin Administrative costs. new text end
new text begin The commissioner of employment and economic development may use up to one percent of the appropriation made for this section for administrative expenses of the department. new text end
new text begin EFFECTIVE DATE. new text end
new text begin This section, except for subdivision 4, is effective July 1, 2016, and expires June 30, 2017. Subdivision 4 is effective July 1, 2016, and expires on the date the last loan is repaid or forgiven as provided under this section. new text end
Sec. 47.
new text begin REVISOR'S INSTRUCTION. new text end
new text begin In the next editions of Minnesota Statutes and Minnesota Rules, the revisor of statutes shall change the term "Urban Initiative Board" or similar to "Minnesota emerging entrepreneur program," "program," or similar terms as the context requires. new text end
ARTICLE 8
LABOR AND INDUSTRY
HOUSEKEEPING
Section 1.
Minnesota Statutes 2015 Supplement, section 326B.13, subdivision 8, is amended to read:
Subd. 8.
Effective date of rules.
A rule to adopt or amend the State Building Code is effective 270 days after publication of the rule's notice of adoption in the State Register. The rule may provide for a later effective date. The rule may provide for an earlier effective date if the commissioner new text begin or board new text end proposing the rule finds that an earlier effective date is necessary to protect public health and safety after considering, among other things, the need for time for training of individuals to comply with and enforce the rule. The commissioner must publish an electronic version of the entire adopted rule chapter on the department's Web site within ten days of receipt from the revisor of statutes. The commissioner shall clearly indicate the effective date of the rule on the department's Web site.
Sec. 2.
Minnesota Statutes 2014, section 326B.439, is amended to read:
326B.439 BAN ON LEAD IN PLUMBING.
deleted text begin Lead pipe,deleted text end Solders and flux containing more than 0.2 percent lead, and pipes and pipe fittings containing new text begin not new text end more than deleted text begin eightdeleted text end new text begin a weighted average of 0.25new text end percent leadnew text begin when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixturesnew text end shall deleted text begin notdeleted text end be used in any plumbing installation which conveys a potable water supply. A Minnesota seller of lead solder, except for a seller whose primary business is contracting in plumbing, heating, and air conditioning, shall not sell any solder containing 0.2 percent lead unless the seller displays a sign which states,
"Contains Lead
Minnesota law prohibits the use of this solder in any
plumbing installation which is connected to a potable water
supply."
Sec. 3.
Minnesota Statutes 2014, section 326B.49, subdivision 1, is amended to read:
Subdivision 1.
Application, examination, and license fees.
(a) Applications for master and journeyman plumber's licenses shall be made to the commissioner, with all fees required by section 326B.092. Unless the applicant is entitled to a renewal, the applicant shall be licensed by the commissioner only after passing a satisfactory examination developed and administered by the commissioner, based upon rules adopted by the Plumbing Board, showing fitness.
(b) All deleted text begin initialdeleted text end journeyman plumber's licenses shall deleted text begin be effective for more than one calendar year and shalldeleted text end expire on December 31 of deleted text begin the year after the year in which the application is madedeleted text end new text begin each odd-numbered year after issuance or renewalnew text end . All master plumber's licenses shall expire on December 31 of each even-numbered year after issuance or renewal. deleted text begin The commissioner shall in a manner determined by the commissioner, without the need for any rulemaking under chapter 14, phase in the renewal of master and journeyman plumber's licenses from one year to two years. By June 30, 2011,deleted text end All renewed master and journeyman plumber's licenses shall be two-year licenses.
(c) Applications for contractor licenses shall be made to the commissioner, with all fees required by section 326B.092. All contractor licenses shall expire on December 31 of each odd-numbered year after issuance or renewal.
(d) For purposes of calculating license fees and renewal license fees required under section 326B.092:
(1) the following licenses shall be considered business licenses: plumbing contractor and restricted plumbing contractor;
(2) the following licenses shall be considered master licenses: master plumber and restricted master plumber;
(3) the following licenses shall be considered journeyman licenses: journeyman plumber and restricted journeyman plumber; and
(4) the registration of an unlicensed individual under section 326B.47, subdivision 3, shall be considered an entry level license.
(e) For each filing of a certificate of responsible individual by an employer, the fee is $100.
(f) The commissioner shall charge each person giving bond under section 326B.46, subdivision 2, paragraph (b), a biennial bond filing fee of $100, unless the person is a licensed contractor.
ARTICLE 9
UNEMPLOYMENT INSURANCE ADVISORY COUNCIL HOUSEKEEPING
Section 1.
Minnesota Statutes 2014, section 268.035, subdivision 12, is amended to read:
Subd. 12.
Covered employment.
(a) "Covered employment" means the following unless excluded as "noncovered employment" under subdivision 20:
(1) an employee's entire employment during the calendar quarter if:
(i) the employment during the quarter is performed primarily in Minnesota;
(ii) the employment during the quarter is not performed primarily in Minnesota or any other state but some of the employment is performed in Minnesota and the base of operations or the place from which the employment is directed or controlled is in Minnesota; or
(iii) the employment during the quarter is not performed primarily in Minnesota or any other state and the base of operations or place from which the employment is directed or controlled is not in any state where part of the employment is performed, but the employee's residence is in Minnesota;
(2) an employee's entire employment during the calendar quarter performed within the United States or Canada, if:
(i) the employment is not deleted text begin considereddeleted text end covered employment under the unemployment insurance program of any other state, federal law, or the law of Canada; and
(ii) the place from which the employment is directed or controlled is in Minnesota;
(3) the employment during the calendar quarter, performed entirely outside deleted text begin ofdeleted text end the United States and Canada, by an employee who is a United States citizen in the employ of an American employer if the employer's principal place of business in the United States is located in Minnesota. An "American employer," for the purposes of this clause, means a corporation organized under the laws of any state, an individual who is a resident of the United States, or a partnership if two-thirds or more of the partners are residents of the United States, or a trust, if all of the trustees are residents of the United States; and
(4) all employment during the calendar quarter performed by an officer or member of the crew of an American vessel on or in connection with the vessel, if the operating office from which the operations of the vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed, and controlled is in Minnesota.
(b) "Covered employment" includes covered agricultural employment under subdivision 11.
(c) For the purposes of deleted text begin satisfying the period of ineligibility underdeleted text end section 268.095, deleted text begin subdivision 10,deleted text end "covered employment" includes deleted text begin covereddeleted text end employment new text begin covered new text end under an unemployment insurance program:
(1) of any other state; or
(2) established by an act of Congress.
new text begin EFFECTIVE DATE. new text end
new text begin This section is effective July 31, 2016, and applies to all matters pending a determination or a decision by an unemployment law judge. new text end
Sec. 2.
Minnesota Statutes 2014, section 268.035, subdivision 29, is amended to read:
Subd. 29.
Wages.
(a) "Wages" means all compensation for employment, including commissions; bonuses, awards, and prizes; severance payments; standby pay; vacation and holiday pay; back pay as of the date of payment; tips and gratuities paid to an employee by a customer of an employer and accounted for by the employee to the employer; sickness and accident disability payments, except as otherwise provided in this subdivision; and the cash value of housing, utilities, meals, exchanges of services, and any other goods and services provided to compensate an employee, except:
(1) the amount of any payment made to, or on behalf of, an employee under a plan established by an employer that makes provision for employees generally or for a class or classes of employees, including any amount paid by an employer for insurance or annuities, or into a plan, to provide for a payment, on account of (i) retirement or (ii) medical and hospitalization expenses in connection with sickness or accident disability, or (iii) death;
(2) the payment by an employer of the tax imposed upon an employee under United States Code, title 26, section 3101 of the Federal Insurance Contribution Act, with respect to compensation paid to an employee for domestic employment in a private household of the employer or for agricultural employment;
(3) any payment made to, or on behalf of, an employee or beneficiary (i) from or to a trust described in United States Code, title 26, section 401(a) of the federal Internal Revenue Code, that is exempt from tax under section 501(a) at the time of the payment unless the payment is made to an employee of the trust as compensation for services as an employee and not as a beneficiary of the trust, or (ii) under or to an annuity plan that, at the time of the payment, is a plan described in section 403(a);
(4) the value of any special discount or markdown allowed to an employee on goods purchased from or services supplied by the employer where the purchases are optional and do not constitute regular or systematic payment for services;
(5) customary and reasonable directors' fees paid to individuals who are not otherwise employed by the corporation of which they are directors;
(6) the payment to employees for reimbursement of meal expenses when employees are required to perform work after their regular hours;
(7) the payment into a trust or plan for purposes of providing legal or dental services if provided for all employees generally or for a class or classes of employees;
(8) the value of parking facilities provided or paid for by an employer, in whole or in part, if provided for all employees generally or for a class or classes of employees;
(9) royalties to an owner of a franchise, license, copyright, patent, oil, mineral, or other right;
(10) advances or reimbursements for traveling or other bona fide ordinary and necessary expenses incurred or reasonably expected to be incurred in the business of the employer. Traveling and other reimbursed expenses must be identified either by making separate payments or by specifically indicating the separate amounts where both wages and expense allowances are combined in a single payment;
(11) residual payments to radio, television, and similar artists that accrue after the production of television commercials, musical jingles, spot announcements, radio transcriptions, film sound tracks, and similar activities;
(12) the income to a former employee resulting from the exercise of a nonqualified stock option;
(13) deleted text begin payments made to supplementdeleted text end new text begin supplementalnew text end unemployment deleted text begin benefitsdeleted text end new text begin benefit paymentsnew text end under a plan established by an employer, deleted text begin that makes provisions for employees generally or for a class or classes of employees under the written terms of an agreement, contract, trust arrangement, or other instrumentdeleted text end new text begin if the payment is not wages under the Federal Unemployment Tax Actnew text end . The deleted text begin plan must provide supplementaldeleted text end payments new text begin are wages unless made new text end solely for the supplementing of weekly state or federal unemployment benefits. deleted text begin The plan must provide supplemental payments only for those weeks the applicant has been paid regular, extended, or additional unemployment benefits. The supplemental payments, when combined with the applicant's weekly unemployment benefits paid, may not exceed the applicant's regular weekly pay. The plan must not allow the assignment ofdeleted text end Supplemental new text begin unemployment benefit new text end payments deleted text begin or provide for any type of additional payment. The plan must not requiredeleted text end new text begin may not be assigned, nor maynew text end any consideration new text begin be required new text end from the applicant, other than a release of claimsdeleted text begin , and must not be designed for the purpose of avoiding the payment of Social Security obligations, or unemployment taxes on money disbursed from the plandeleted text end new text begin in order to be excluded from wagesnew text end ;
(14) sickness or accident disability payments made by the employer after the expiration of six calendar months following the last calendar month that the individual worked for the employer;
(15) disability payments made under the provisions of any workers' compensation law;
(16) sickness or accident disability payments made by a third-party payer such as an insurance company; or
(17) payments made into a trust fund, or for the purchase of insurance or an annuity, to provide for sickness or accident disability payments to employees under a plan or system established by the employer that provides for the employer's employees generally or for a class or classes of employees.
(b) Nothing in this subdivision excludes from the term "wages" any payment made under any type of salary reduction agreement, including payments made under a cash or deferred arrangement and cafeteria plan, as defined in United States Code, title 26, sections 401(k) and 125 of the federal Internal Revenue Code, to the extent that the employee has the option to receive the payment in cash.
(c) Wages includes the total payment to the operator and supplier of a vehicle or other equipment where the payment combines compensation for personal services as well as compensation for the cost of operating and hiring the equipment in a single payment. This paragraph does not apply if:
(1) there is a preexisting written agreement providing for allocation of specific amounts; or
(2) at the time of each payment there is a written deleted text begin acknowledgementdeleted text end new text begin acknowledgment new text end indicating the separate allocated amounts.
(d) Wages includes payments made for services as a caretaker. Unless there is a contract or other proof to the contrary, compensation is considered as being equally received by a married couple where the employer makes payment to only one spouse, or by all tenants of a household who perform services where two or more individuals share the same dwelling and the employer makes payment to only one individual.
(e) Wages includes payments made for services by a migrant family. Where services are performed by a married couple or a family and an employer makes payment to only one individual, each worker is considered as having received an equal share of the compensation unless there is a contract or other proof to the contrary.
(f) Wages includes advances or draws against future earnings, when paid, unless the payments are designated as a loan or return of capital on the books of the employer at the time of payment.
(g) Wages includes payments made by a subchapter "S" corporation, as organized under the Internal Revenue Code, to or on behalf of officers and shareholders that are reasonable compensation for services performed for the corporation.
For a subchapter "S" corporation, wages does not include:
(1) a loan for business purposes to an officer or shareholder evidenced by a promissory note signed by an officer before the payment of the loan proceeds and recorded on the books and records of the corporation as a loan to an officer or shareholder;
(2) a repayment of a loan or payment of interest on a loan made by an officer to the corporation and recorded on the books and records of the corporation as a liability;
(3) a reimbursement of reasonable corporation expenses incurred by an officer and documented by a written expense voucher and recorded on the books and records of the corporation as corporate expenses; and
(4) a reasonable lease or rental payment to an officer who owns property that is leased or rented to the corporation.
Sec. 3.
Minnesota Statutes 2015 Supplement, section 268.085, subdivision 2, is amended to read:
Subd. 2.
Not eligible.
An applicant is ineligible for unemployment benefits for any week:
(1) that occurs before the effective date of a benefit account;
(2) that the applicant, at deleted text begin the beginning ofdeleted text end new text begin any time duringnew text end the week, has an outstanding fraud overpayment balance under section 268.18, subdivision 2, including any penalties and interest;
(3) that occurs in a period when the applicant is a student in attendance at, or on vacation from a secondary school including the period between academic years or terms;
(4) that the applicant is incarcerated or performing court-ordered community service. The applicant's weekly unemployment benefit amount is reduced by one-fifth for each day the applicant is incarcerated or performing court-ordered community service;
(5) that the applicant fails or refuses to provide information on an issue of ineligibility required under section 268.101;
(6) that the applicant is performing services 32 hours or more, in employment, covered employment, noncovered employment, volunteer work, or self-employment regardless of the amount of any earnings; or
(7) with respect to which the applicant has filed an application for unemployment benefits under any federal law or the law of any other state. If the appropriate agency finally determines that the applicant is not entitled to establish a benefit account under federal law or the law of any other state, this clause does not apply.
Sec. 4.
Minnesota Statutes 2014, section 268.0865, subdivision 3, is amended to read:
Subd. 3.
Continued request for unemployment benefits by electronic transmission.
(a) A continued request for unemployment benefits by electronic transmission must be filed to that electronic mail address, telephone number, or Internet address prescribed by the commissioner for that applicant. In order to constitute a continued request, all information asked for, including information authenticating that the applicant is sending the transmission, must be provided in the format required. If all of the information asked for is not provided, the communication does not constitute a continued request for unemployment benefits.
(b) The new text begin continued request by new text end electronic transmission deleted text begin communicationdeleted text end must be filed new text begin within four calendar weeks following the week for which payment is requested new text end on the deleted text begin datedeleted text end new text begin day of the weeknew text end and during the time of day designated for the applicant deleted text begin for filing a continued request by electronic transmissiondeleted text end .
(c) deleted text begin If the electronic transmission continued request is not filed as required under paragraph (b), a continued request by electronic transmission must be accepted if the applicant files the continued request by electronic transmission within three calendar weeks following the week for which payment is requested.deleted text end If the continued request by electronic transmission is not filed within deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week for which payment is requested, the electronic continued request will not be accepted and the applicant is ineligible for unemployment benefits for the period covered by the continued request, unless the applicant shows good cause for failing to file the continued request by electronic transmission within the time period required.
Sec. 5.
Minnesota Statutes 2014, section 268.0865, subdivision 4, is amended to read:
Subd. 4.
Continued request for unemployment benefits by mail.
(a) A continued request for unemployment benefits by mail must be on a form prescribed by the commissioner. The form, in order to constitute a continued request, must be totally completed and signed by the applicant. The form must be filed by mail, in an envelope with postage prepaid, and sent to the address designated deleted text begin during the week following the week for which payment is requested.deleted text end
deleted text begin (b) If the mail continued request for unemployment benefits is not filed as required under paragraph (a), a continued request must be accepted if the form is filed by mail deleted text end within deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week for which payment is requested.
new text begin (b) new text end If the new text begin continued request new text end form is not filed within deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week for which payment is requested, the form will not be accepted and the applicant is ineligible for unemployment benefits deleted text begin for the period covered by the continued request for unemployment benefits,deleted text end unless the applicant shows good cause for failing to file the form by mail within the time period required.
(c) If the applicant has been designated to file a continued request for unemployment benefits by mail, an applicant may submit the form by facsimile transmission within deleted text begin threedeleted text end new text begin fournew text end calendar weeks following the week for which payment is requested. A form submitted by facsimile transmission must be sent only to the telephone number assigned for that purpose.
(d) An applicant who has been designated to file a continued request by mail may personally deliver a continued request form only to the location to which the form was otherwise designated to be mailed.
Sec. 6.
Minnesota Statutes 2014, section 268.095, subdivision 2, is amended to read:
Subd. 2.
Quit defined.
(a) A quit from employment occurs when the decision to end the employment was, at the time the employment ended, the employee's.
new text begin (b) When determining if an applicant quit, the theory of a constructive quit does not apply. new text end
deleted text begin (b)deleted text end new text begin (c)new text end An employee who has been notified that the employee will be discharged in the future, who chooses to end the employment while employment in any capacity is still available, deleted text begin is considered to havedeleted text end new text begin hasnew text end quit the employment.
deleted text begin (c)deleted text end new text begin (d)new text end An employee who seeks to withdraw a previously submitted notice of quitting deleted text begin is considered to havedeleted text end new text begin hasnew text end quit the employment, as of the intended date of quitting, if the employer does not agree that the notice may be withdrawn.
deleted text begin (d)deleted text end new text begin (e)new text end An applicant deleted text begin whodeleted text end new text begin has quit employment with a staffing service ifnew text end , within five calendar days after completion of a suitable job assignment from a staffing servicenew text begin , the applicant:new text end
(1) fails without good cause to affirmatively request an additional suitable job assignmentdeleted text begin ,deleted text end new text begin ;new text end
(2) refuses without good cause an additional suitable job assignment offereddeleted text begin ,deleted text end new text begin ;new text end or
(3) accepts employment with the client of the staffing servicedeleted text begin , is considered to have quit employment with the staffing servicedeleted text end . Accepting employment with the client of the staffing service meets the requirements of the exception to ineligibility under subdivision 1, clause (2).
This paragraph applies only if, at the time of beginning of employment with the staffing service, the applicant signed and was provided a copy of a separate document written in clear and concise language that informed the applicant of this paragraph and that unemployment benefits may be affected.
For purposes of this paragraph, "good cause" is a reason that deleted text begin is significant anddeleted text end would compel an average, reasonable worker, who would otherwise want an additional suitable job assignment with the staffing service (1) to fail to contact the staffing service, or (2) to refuse an offered assignment.
Sec. 7.
Minnesota Statutes 2014, section 268.095, subdivision 5, is amended to read:
Subd. 5.
Discharge defined.
(a) A discharge from employment occurs when any words or actions by an employer would lead a reasonable employee to believe that the employer will no longer allow the employee to work for the employer in any capacity. A layoff because of lack of work is deleted text begin considereddeleted text end a discharge. A suspension from employment without pay of more than 30 calendar days is deleted text begin considereddeleted text end a discharge.
new text begin (b) When determining if an applicant was discharged, the theory of a constructive discharge does not apply. new text end
deleted text begin (b)deleted text end new text begin (c)new text end An employee who gives notice of intention to quit the employment and is not allowed by the employer to work the entire notice period is deleted text begin considereddeleted text end discharged from the employment as of the date the employer will no longer allow the employee to work. If the discharge occurs within 30 calendar days before the intended date of quitting, then, as of the intended date of quitting, the separation from employment is deleted text begin considereddeleted text end a quit from employment subject to subdivision 1.
deleted text begin (c)deleted text end new text begin (d)new text end The end of a job assignment with the client of a staffing service is deleted text begin considered deleted text end a discharge from employment with the staffing service unless subdivision 2, paragraph (d), applies.
Sec. 8.
Minnesota Statutes 2014, section 268.18, is amended to read:
268.18 UNEMPLOYMENT BENEFIT OVERPAYMENTS.
Subdivision 1.
deleted text begin Nonfrauddeleted text end new text begin Repaying annew text end overpayment.
(a) Any applicant who (1) because of a determination or amended determination issued under section 268.07 or 268.101, or any other section of this chapter, or (2) because of an unemployment law judge's decision under section 268.105, has received any unemployment benefits that the applicant was held not entitled to, new text begin is overpaid the benefits, and new text end must promptly repay the deleted text begin unemploymentdeleted text end benefits to the trust fund.
(b) If the applicant fails to repay the unemployment benefits overpaid, deleted text begin the commissioner may offset from any future unemployment benefits otherwise payable the amount of the overpayment. Except when the overpayment resulted because the applicant failed to report deductible earnings or deductible or benefit delaying payments, no single offset may exceed 50 percent of the amount of the payment from which the offset is made. The overpayment may alsodeleted text end new text begin including any penalty and interest assessed under subdivisions 2 and 2b, the total due maynew text end be collected by the methods allowed under state and federal law.
deleted text begin (c) If an applicant has been overpaid unemployment benefits under the law of another state, because of a reason other than fraud, and that state certifies that the applicant is liable under its law to repay the unemployment benefits and requests the commissioner to recover the overpayment, the commissioner may offset from future unemployment benefits otherwise payable the amount of overpayment, except that no single offset may exceed 50 percent of the amount of the payment from which the offset is made. deleted text end
Subd. 2.
Overpayment because of fraud.
(a) deleted text begin Anydeleted text end new text begin Annew text end applicant deleted text begin who receivesdeleted text end new text begin has committed fraud if the applicant is overpaidnew text end unemployment benefits bynew text begin :new text end
new text begin (1)new text end knowingly misrepresenting, misstating, or failing to disclose any material factdeleted text begin ,deleted text end new text begin ; new text end or deleted text begin who makesdeleted text end
new text begin (2) makingnew text end a false statement or representation without a good faith belief as to the correctness of the statement or representationdeleted text begin , has committed frauddeleted text end .
After the discovery of facts indicating fraud, the commissioner must deleted text begin makedeleted text end new text begin issuenew text end a determination deleted text begin that the applicant obtained unemployment benefits by fraud and that the applicant must promptly repay the unemployment benefits to the trust fund. In addition, the commissioner must assessdeleted text end new text begin of overpayment penalty assessingnew text end a penalty equal to 40 percent of the amount deleted text begin fraudulently obtaineddeleted text end new text begin overpaidnew text end . This penalty is in addition to penalties under section 268.182. deleted text begin The determination is effective the Sunday of the week that it was issued.deleted text end
(b) Unless the applicant files an appeal within 20 calendar days after the sending of deleted text begin thedeleted text end new text begin anew text end determination of overpayment deleted text begin by frauddeleted text end new text begin penaltynew text end to the applicant by mail or electronic transmission, the determination is final. Proceedings on the appeal are conducted in accordance with section 268.105.
(c) deleted text begin If the applicant fails to repay the unemployment benefits, penalty, and interest assessed, the total due may be collected by the methods allowed under state and federal law.deleted text end A determination of overpayment deleted text begin by frauddeleted text end new text begin penaltynew text end must state the methods of collection the commissioner may use to recover the overpaymentnew text begin , penalty, and interest assessednew text end . Money received in repayment of deleted text begin fraudulently obtaineddeleted text end new text begin overpaidnew text end unemployment benefits, penalties, and interest is first applied to the deleted text begin unemploymentdeleted text end benefits overpaid, then to the penalty amount due, then to any interest due. 62.5 percent of the payments made toward the penalty are credited to the contingent account and 37.5 percent credited to the trust fund.
deleted text begin (d) If an applicant has been overpaid unemployment benefits under the law of another state because of fraud and that state certifies that the applicant is liable to repay the unemployment benefits and requests the commissioner to recover the overpayment, the commissioner may offset from future unemployment benefits otherwise payable the amount of overpayment. deleted text end
deleted text begin (e) Regardless of the limitations in section 268.101, subdivision 2, paragraph (e), unemployment benefits paid for weeks more than four years before the date ofdeleted text end new text begin (d)new text end A determination of overpayment deleted text begin by fraud issueddeleted text end new text begin penaltynew text end under this subdivision deleted text begin are not considered overpaid unemployment benefitsdeleted text end new text begin may be issued within 48 months of the establishment of the benefit account upon which the unemployment benefits were obtained through fraudnew text end .
Subd. 2b.
Interest.
On any unemployment benefits fraudulently obtained, and any penalty amounts assessed under subdivision 2, the commissioner must assess interest at the rate of one percent per month on any amount that remains unpaid beginning 30 calendar days after the date of deleted text begin thedeleted text end new text begin anew text end determination of overpayment deleted text begin by frauddeleted text end new text begin penaltynew text end . A determination of overpayment deleted text begin by frauddeleted text end new text begin penaltynew text end must state that interest will be assessed. Interest is assessed in the same manner as on employer debt under section 268.057, subdivision 5. Interest payments collected under this subdivision are credited to the trust fund.
Subd. 3a.
Offset of deleted text begin federaldeleted text end unemployment benefits.
deleted text begin The commissioner is authorized to enter into reciprocal agreements with the United States Secretary of Labor, whereby, deleted text end new text begin (a) The commissioner may offset from any future unemployment benefits otherwise payable the amount of a nonfraud overpayment. Except when the nonfraud overpayment resulted because the applicant failed to report deductible earnings or deductible or benefit delaying payments, no single offset may exceed 50 percent of the amount of the payment from which the offset is made. new text end
new text begin (b)new text end Overpayments of unemployment benefits deleted text begin as determineddeleted text end under new text begin a new text end federal deleted text begin law deleted text end new text begin programnew text end , may be recovered by offset from deleted text begin unemploymentdeleted text end new text begin futurenew text end benefits otherwise payable deleted text begin anddeleted text end new text begin .new text end
new text begin (c) If an applicant has been overpaid unemployment benefits under the law of another state, the commissioner may offset from future benefits otherwise payable the amount of overpayment. new text end
new text begin (d) Nonfraudnew text end unemployment benefit overpayments deleted text begin under subdivisions 1 and 2 deleted text end may be recovered by offset from deleted text begin unemploymentdeleted text end new text begin futurenew text end benefits otherwise payable under a federal program.
Subd. 4.
Cancellation of overpayments.
(a) If unemployment benefits overpaid deleted text begin under subdivision 1deleted text end new text begin for reasons other than fraudnew text end are not repaid or offset from subsequent deleted text begin unemploymentdeleted text end benefits deleted text begin as provided for in subdivision 1deleted text end within six years after the date of the determination or decision holding the applicant overpaid, the commissioner must cancel the overpayment balance, and no administrative or legal proceedings may be used to enforce collection of those amounts.
(b) If unemployment benefits deleted text begin determineddeleted text end overpaid deleted text begin under subdivision 2deleted text end new text begin because of fraudnew text end including penalties and interest are not repaid within ten years after the date of the determination of overpayment deleted text begin by frauddeleted text end new text begin penaltynew text end , the commissioner must cancel the overpayment balance and any penalties and interest due, and no administrative or legal proceeding may be used to enforce collection of those amounts.
(c) The commissioner may cancel at any time any overpayment, including penalties and interest, that the commissioner determines is uncollectible because of death or bankruptcy.
Subd. 4a.
Court fees; collection fees.
(a) If the deleted text begin commissionerdeleted text end new text begin department new text end is required to pay any court fees in an attempt to enforce collection of overpaid unemployment benefits, penalties, or interest, deleted text begin the commissioner may adddeleted text end the amount of the court fees new text begin may be added new text end to the total amount due.
(b) If an applicant who has been deleted text begin determineddeleted text end overpaid unemployment benefits because of fraud seeks to have any portion of the debt discharged under the federal bankruptcy code, and the deleted text begin commissionerdeleted text end new text begin departmentnew text end files an objection in bankruptcy court to the discharge, the deleted text begin commissioner may add the commissioner'sdeleted text end cost of any court fees new text begin may be added new text end to the debt if the bankruptcy court does not discharge the debt.
(c) If the Internal Revenue Service assesses the deleted text begin commissionerdeleted text end new text begin departmentnew text end a fee for offsetting from a federal tax refund the amount of any overpayment, including penalties and interest, the amount of the fee may be added to the total amount due. The offset amount must be put in the trust fund and that amount credited to the total amount due from the applicant.
Subd. 5.
Remedies.
(a) Any method undertaken to recover an overpayment of unemployment benefits, including any penalties and interest, is not considered an election of a method of recovery.
(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter under section 176.361 is not considered an election of a remedy and does not prevent the commissioner from determining any unemployment benefits overpaid under subdivision 1 or 2 or taking action under section 268.182.
Subd. 6.
Collection of overpayments.
(a) The commissioner may not compromise the amount deleted text begin that has been determineddeleted text end new text begin of anynew text end overpaid deleted text begin under this sectiondeleted text end new text begin unemployment benefitsnew text end including penalties and interest.
(b) The commissioner has discretion regarding the recovery of any overpayment deleted text begin under subdivision 1deleted text end new text begin for reasons other than fraudnew text end . Regardless of any law to the contrary, the commissioner is not required to refer any deleted text begin amount determined overpaid under subdivision 1deleted text end new text begin overpayment for reasons other than fraudnew text end to a public or private collection agency, including agencies of this state.
(c) Amounts deleted text begin determineddeleted text end overpaid deleted text begin under subdivision 1deleted text end new text begin for reasons other than fraud new text end are not considered a "debt" to the state of Minnesota for purposes of any reportin