2007 Minnesota Statutes

116J.435 BIOSCIENCE BUSINESS DEVELOPMENT PUBLIC INFRASTRUCTURE
GRANT PROGRAM.
    Subdivision 1. Creation of account. A bioscience business development public infrastructure
account is created in the bond proceeds fund. Money in the account may only be used for capital
costs of public infrastructure for eligible bioscience business development projects.
    Subd. 2. Definitions. For purposes of this section:
(1) "local governmental unit" means a county, city, town, special district, or other political
subdivision or public corporation;
(2) "governing body" means the council, board of commissioners, board of trustees, or other
body charged with governing a local governmental unit;
(3) "public infrastructure" means publicly owned physical infrastructure in this state,
including, but not limited to, wastewater collection and treatment systems, drinking water
systems, storm sewers, utility extensions, telecommunications infrastructure, streets, roads,
bridges, parking ramps, facilities that support basic science and clinical research, and research
infrastructure; and
(4) "eligible project" means a bioscience business development capital improvement project
in this state, including: manufacturing; technology; warehousing and distribution; research and
development; bioscience business incubator; agricultural bioprocessing; or industrial, office, or
research park development that would be used by a bioscience-based business.
    Subd. 3. Grant program established. (a) The commissioner shall make competitive grants
to local governmental units to acquire and prepare land on which public infrastructure required to
support an eligible project will be located, including demolition of structures and remediation of
any hazardous conditions on the land, or to predesign, design, acquire, construct, furnish, and
equip public infrastructure required to support an eligible project. The local governmental unit
receiving a grant must provide for the remainder of the public infrastructure costs.
(b) The amount of a grant may not exceed the lesser of the cost of the public infrastructure
or 50 percent of the sum of the cost of the public infrastructure plus the cost of the completed
eligible project.
(c) The purpose of the program is to keep or enhance jobs in the area, increase the tax
base, or to expand or create new economic development through the growth of new bioscience
businesses and organizations.
    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 local
governmental unit must include the following information in its application:
(1) a resolution of its governing body certifying that the money required to be supplied by
the local governmental unit to complete the public infrastructure is available and committed;
(2) a detailed estimate, along with necessary supporting evidence, of the total development
costs for the public infrastructure and eligible project;
(3) an assessment of the potential or likely use of the site for bioscience activities after
completion of the public infrastructure and eligible project;
(4) a timeline indicating the major milestones of the public infrastructure and eligible project
and their anticipated completion dates;
(5) a commitment from the governing body to repay the grant if the milestones are not
realized by the completion date identified in clause (4); and
(6) any additional information or material the commissioner prescribes.
(b) The determination of whether to make a grant under subdivision 3 is within the discretion
of the commissioner, subject to this section. The commissioner's decisions and application of the
priorities are not subject to judicial review, except for abuse of discretion.
    Subd. 5. Priorities. (a) If applications for grants exceed the available appropriations,
grants must be made for public infrastructure that, in the commissioner's judgment, provides
the highest return in public benefits for the public costs incurred. "Public benefits" include job
creation, environmental benefits to the state and region, efficient use of public transportation,
efficient use of existing infrastructure, provision of affordable housing, multiuse development
that constitutes community rebuilding rather than single-use development, crime reduction,
blight reduction, community stabilization, and property tax base maintenance or improvement.
In making this judgment, the commissioner shall give priority to eligible projects with one or
more of the following characteristics:
(1) the potential of the local governmental unit to attract viable bioscience businesses;
(2) proximity to public transit if located in a metropolitan county, as defined in section
473.121, subdivision 4;
(3) multijurisdictional eligible projects that take into account the need for affordable housing,
transportation, and environmental impact;
(4) the eligible project is not relocating substantially the same operation from another
location in the state, unless the commissioner determines the eligible project cannot be reasonably
accommodated within the local governmental unit in which the business is currently located, or
the business would otherwise relocate to another state or country; and
(5) the number of jobs that will be created.
(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
commissioner may weigh each factor, depending upon the facts and circumstances, as the
commissioner considers appropriate.
    Subd. 6. Cancellation of grant. If a grant is awarded to a local governmental unit and funds
are not encumbered for the grant within four years after the award date, the grant must be canceled.
    Subd. 7. Repayment of grant. If an eligible project supported by public infrastructure
funded with a grant awarded under this section is not occupied by a bioscience business in
accordance with the grant application under subdivision 4 within five years after the date of
the last grant payment, the grant recipient must repay the amount of the grant received. The
commissioner must deposit all money received under this subdivision into the state treasury and
credit it to the debt service account in the state bond fund.
History: 2006 c 258 s 34