SF 4116

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/23/2024 09:56am

A bill for an act
relating to environment; creating resilient community assistance program; proposing
coding for new law in Minnesota Statutes, chapter 116.

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

Section 1.

new text begin [116.391] RESILIENT COMMUNITY ASSISTANCE PROGRAM.
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new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as the "Minnesota Resilient
Community Act."
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new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
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new text begin (b) "Commissioner" means the commissioner of the Pollution Control Agency.
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new text begin (c) "Local government unit" means any unit of government other than a state or federal
unit of government and includes watershed districts established according to chapter 103D,
soil and water conservation districts, watershed management organizations, counties, towns,
cities, port authorities, housing authorities, regional development commissions, school
districts, and the Metropolitan Council.
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new text begin (d) "Tribal government" means any of the Minnesota Tribal governments defined under
section 10.65, subdivision 2, clause (4), and includes Tribal organizations designated by
any of the Minnesota Tribal governments.
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new text begin Subd. 3. new text end

new text begin Establishment. new text end

new text begin (a) The commissioner must establish a resilient community
assistance program to:
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new text begin (1) assist local government units, Tribal governments, and other relevant organizations
as determined by the commissioner in adapting to and developing community resilience to
impacts of climate change;
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new text begin (2) help coordinate climate adaptation planning, implementation, and evaluation efforts
among state agencies, local government units, Tribal governments, and other relevant
organizations; and
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new text begin (3) address inequities due to social, economic, historical, and political factors that result
in some communities having less ability to prepare for, cope with, and recover from impacts
of climate change.
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new text begin (b) To address inequities under paragraph (a), clause (3), the commissioner must seek
input and collaboration from disproportionately impacted communities.
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new text begin Subd. 4. new text end

new text begin Program elements. new text end

new text begin The resilient community assistance program may include
but is not limited to:
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new text begin (1) developing, assembling, and disseminating information on climate adaptation and
resilience;
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new text begin (2) technical assistance for climate adaptation and resilience;
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new text begin (3) financial assistance programs that provide grants or loans for resilience planning and
for implementing climate adaptation and resilience actions, coordinated with the Public
Facilities Authority, as necessary, for state bond-funded projects;
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new text begin (4) outreach, including seminars, workshops, training programs, and other similar
activities, designed to provide education and information on climate adaptation and resilience
to local government units, Tribal governments, and other relevant organizations as determined
by the commissioner;
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new text begin (5) coordinating, implementing, and measuring progress on climate adaptation and
resilience and measuring local government and Tribal government climate adaptation in
Minnesota; and
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new text begin (6) other efforts needed to support climate adaptation and community resilience in
Minnesota as determined by the commissioner.
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new text begin Subd. 5. new text end

new text begin Administration. new text end

new text begin (a) In administering the program, the commissioner may
coordinate with administrators of other public and private programs that provide technical
and financial assistance to local government units, Tribal governments, and other relevant
organizations that receive assistance under this section.
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new text begin (b) The commissioner may make grants to or enter into contracts with public or private
entities to operate elements of the program. Grantees under this paragraph must provide the
commissioner with periodic reports on their efforts to assist in administering the program.
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new text begin (c) When operating or participating in elements of the program according to a grant or
contract under paragraph (b), a person is an employee of the state who is certified to be
acting within the scope of employment for purposes of indemnification under section 3.736,
subdivision 9, for claims that arise out of the information, assistance, and recommendations
covered by the grant or contract. The state is not obligated to defend or indemnify a grantee
or contractor under this subdivision to the extent of the grantee's or contractor's liability
insurance. The grantee's or contractor's right to indemnity is not a waiver of limitations,
defenses, and immunities available to either the grantee or contractor or the state by law.
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new text begin Subd. 6. new text end

new text begin Award for excellence in community resilience. new text end

new text begin The governor or commissioner
may issue annual awards in the form of a commendation for excellence in climate adaptation
and resilience. The commissioner must administer applications for the awards.
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