Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 580-H.F.No. 2234
An act relating to natural resources; personnel
working on certain projects; terms and conditions of
certain 1993 appropriations; appropriating money;
amending Minnesota Statutes 1992, sections 116P.05,
subdivision 2; 116P.08, subdivisions 6 and 7; and
116P.09, subdivision 4; Minnesota Statutes 1993
Supplement, section 116P.11; Laws 1993, chapter 172,
section 14, subdivisions 4 and 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 116P.05,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The commission shall recommend a
budget plan for expenditures from the environment and natural
resources trust fund and shall adopt a strategic plan as
provided in section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the Minnesota future resources fund under
section 116P.13.
(c) It is a condition of acceptance of the appropriations
made from the Minnesota future resources fund, Minnesota
environment and natural resources trust fund, and oil overcharge
money under section 4.071, subdivision 2, that the agency or
entity receiving the appropriation must submit a work program
and semiannual progress reports in the form determined by the
legislative commission on Minnesota resources. None of the
money provided may be spent unless the commission has approved
the pertinent work program.
(d) The peer review panel created under section 116P.08
must also review, comment, and report to the commission on
research proposals applying for an appropriation from the
Minnesota resources fund and from oil overcharge money under
section 4.071, subdivision 2.
(e) The commission may adopt operating procedures to
fulfill its duties under sections 116P.01 to 116P.13.
Sec. 2. Minnesota Statutes 1992, section 116P.08,
subdivision 6, is amended to read:
Subd. 6. [PEER REVIEW.] (a) Research proposals must
include a stated purpose, timeline, potential outcomes, and an
explanation of the need for the research. All research
proposals must be reviewed by a peer review panel before
receiving an appropriation from the trust fund.
(b) In conducting research proposal reviews, the peer
review panel shall:
(1) comment on the methodology proposed and whether it can
be expected to yield appropriate and useful information and
data;
(2) comment on the need for the research and about similar
existing information available, if any; and
(3) comment on whether the research proposed meets the
categories of subdivision 1; and
(4) report to the commission and advisory committee on
clauses (1) to (3) and (2).
(c) The peer review panel also must review completed
research proposals that have received an appropriation from the
trust fund and comment and report upon whether the project
reached the intended goals.
Sec. 3. Minnesota Statutes 1992, section 116P.08,
subdivision 7, is amended to read:
Subd. 7. [PEER REVIEW PANEL MEMBERSHIP.] (a) The peer
review panel must consist of at least five but not more than 11
members who are knowledgeable in general research methods,
including but not limited to in the areas of air quality
research, water research, forest research, fish and wildlife
management research, environmental health research, and soil
conservation research environment and natural resources. Not
more than two members of the panel may be employees of state
agencies in Minnesota.
(b) Members of the peer review panel shall be selected by
the commission and serve four-year staggered terms according to
section 15.059. The commission may select additional temporary
members for any research proposal deemed to be too technical for
adequate peer review by the panel in paragraph (a). Members of
the peer review panel The commission shall elect select a chair
every two years who shall be responsible for convening meetings
of the panel as often as is necessary to fulfill its duties as
prescribed in this section. Compensation of panel members is
governed by section 15.059, subdivision 3.
Sec. 4. Minnesota Statutes 1992, section 116P.09,
subdivision 4, is amended to read:
Subd. 4. [PERSONNEL.] Persons who are employed by a state
agency to work on a project and are paid by an appropriation
from the trust fund or Minnesota future resources fund are in
the unclassified civil service, and their continued employment
is contingent upon the availability of money from the
appropriation. When the appropriation has been spent, their
positions must be canceled and the approved complement of the
agency reduced accordingly. Part-time employment of persons for
a project is authorized. The use of classified employees is
authorized when approved as part of the work program required by
section 116P.05, subdivision 2, paragraph (c).
Sec. 5. Minnesota Statutes 1993 Supplement, section
116P.11, is amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for
the budget plan developed by the commission consists of the
interest earnings generated from the trust fund. Interest
Earnings generated from the trust fund shall equal the amount of
interest on debt securities and dividends on equity securities.
Gains and losses arising from the sale of securities shall be
apportioned as follows:
(1) if the sale of securities results in a net gain during
a fiscal year, the gain shall be apportioned in equal
installments over the next ten fiscal years to offset net losses
in those years. If any portion of an installment is not needed
to recover subsequent losses identified in paragraph (b), it
shall be added to the principal of the fund; and
(2) if the sale of securities results in a net loss during
a fiscal year, the net loss shall be recovered from the gains in
paragraph (a) apportioned to that fiscal year. If such gains
are insufficient, any remaining net loss shall be recovered from
interest and dividend income in equal installments over the
following ten fiscal years.
(b) For funding projects through until fiscal year 1997,
the following additional amounts are available from the trust
fund for the budget plans developed by the commission:
(1) for the 1991-1993 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1990 and
1991;
(2) for the 1993-1995 biennium, up to 20 percent of the
revenue deposited in the trust fund in fiscal year 1992 and up
to 15 percent of the revenue deposited in the fund in fiscal
year 1993;
(3) for the 1993-1995 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1994 and
1995, to be expended only for capital investments in parks and
trails; and
(4) for the 1995-1997 biennium, up to ten percent of the
revenue deposited in the fund in fiscal year 1996.
(c) Any appropriated funds not encumbered in the biennium
in which they are appropriated cancel and must be credited to
the principal of the trust fund.
Sec. 6. Laws 1993, chapter 172, section 14, subdivision 4,
is amended to read:
Subd. 4. Energy
(a) Reducing Energy and CO2 230,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
center for energy and urban environment
to develop a comprehensive action plan
that will focus on energy efficiency,
alternative energy, and fuel switching
through an assessment of opportunities
for the reduction of CO2 and other
greenhouse gases.
(b) Photovoltaic Demonstration Project 230,000
This appropriation is from the future
resources fund to the commissioner of
public service for a grant to the St.
Paul school district for purchase and
installation of a photovoltaic
demonstration system at the Battle
Creek environmental magnet school.
(c) Operational Implications
of Alternate Transit Bus Fuels 78,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
metropolitan transit commission to test
alternate bus fuels to evaluate their
potential for reduced fuel consumption
and increased operational efficiency.
(d) The Bus, Bike, or Car
Pool (B-BOP) Challenge 150,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
center for energy and urban environment
to reduce energy use by the delivery of
an employer-based program that cost
effectively reduces the use of single
occupant vehicles by commuters who
pledge to B-BOP or telecommute
regularly during the summer.
(e) Tree and Grass Production
for Ethanol 380,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
agricultural utilization research
institute to implement a program to
supply biomass feedstock derived from
trees and grass to a national renewable
energy laboratory (NREL), United States
Department of Energy Engineering
Development facility for converting
biomass to ethanol and thermochemical
fuels. This appropriation is
contingent on a NREL an agreement by
January 1, 1994, to purchase biomass.
Sec. 7. Laws 1993, chapter 172, section 14, subdivision
11, is amended to read:
Subd. 11. Water
(a) Minnesota River
Implementation - Continuation 1,100,000
This appropriation is from the trust
fund to the commissioner of the
pollution control agency to accelerate
the adoption of best management
practices (BMPs) and to accelerate
related state and local implementation
activities for the Minnesota river
basin.
(b) Local River Planning -
Continuation 480,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for contracts of up
to two-thirds of the cost to counties
or groups of counties acting pursuant
to a joint powers agreement, to develop
comprehensive plans for the management
and protection of rivers in northern
and central Minnesota. The
commissioner of natural resources shall
include in the work plan for review and
approval by the legislative commission
on Minnesota resources a proposed list
of rivers and a planning process
developed by the consensus of the
affected counties. All plans must meet
or exceed the requirements of state
shoreland and floodplain laws. Up to
$100,000 is available for
administration and technical assistance.
(c) Mercury Reduction in Fish -
Continuation 200,000
This appropriation is from the trust
fund to the commissioner of the
pollution control agency for a contract
with the University of Minnesota to
complete pilot studies testing mercury
reduction in fish for Minnesota
waters. Grant requests to supplement
this appropriation must be submitted to
the United States Environmental
Protection Agency and the results
reported to the legislative commission
on Minnesota resources.
(d) Stream Flow Protection 280,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to collect stream
habitat data (width, depth, velocity,
substrate, water elevation) in up to 39
watersheds to develop community-based
flows that protect stream resources.
This project must comply with the data
compatibility requirements set forth in
subdivision 15.
(e) The South Central Minnesota
Groundwater Contamination
Susceptibility Project -
Continuation 290,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Mankato state university to couple
surface hydrology, subsurface geology,
and hydrogeology for environmental
analysis to assess present
environmental conditions, establish
benchmarks, and develop regional
priorities for south central
Minnesota. This project must comply
with the data compatibility
requirements set forth in subdivision
14.
(f) White Bear Lake Levels
Feasibility Study 228,000 175,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to install additional
observation wells at White Bear Lake
($50,000), to study lake and
groundwater relationships, to conduct a
feasibility study to address lake level
issues ($50,000), and to abandon or
retrofit existing augmentation wells
($128,000) develop an enhanced water
budgeting computer model ($100,000) and
to install ground water level
observation wells around White Bear
Lake ($75,000). This appropriation is
available until June 30, 1996.
(g) County Geologic Atlases
and Regional Hydrogeologic
Assessments - Continuation 850,000
$425,000 is from the trust fund to the
University of Minnesota, Minnesota
geologic survey, and $425,000 is from
the trust fund to the commissioner of
natural resources to expand production
of county geologic atlases and regional
hydrogeologic assessments. This
project must comply with the data
compatibility requirements set forth in
subdivision 14.
(h) Septic System Replacement for
Water Related Tourism Businesses 500,000
This appropriation is from the future
resources fund to the commissioner of
trade and economic development to
provide matching grants of up to
$10,000 to resorts and related tourism
businesses located on lakes and rivers
for replacement of failing or
nonconforming septic systems.
Businesses that begin replacement of
failing or nonconforming septic systems
after the effective date of this act
are eligible for these grants.
(i) Optical Brighteners:
Indicators of Sewage
Contamination of Groundwaters 157,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for a
contract with Dakota county to study
the correlation of optical brighteners
present in domestic sewage from
detergent use with nonagricultural
nitrogen as interferences with atrazine
detection.
Sec. 8. [APPROPRIATION.]
$300,000 is appropriated from the future resources fund to
the commissioner of natural resources for the restoration of the
Niemackl watershed by improvement of water quality, flood
reduction, fish and wildlife habitat, and recreation through
citizen participation with federal, state, and local
governments, and nongovernment agencies. $150,000 is contingent
on a match of $300,000 of nonstate funds by October 1, 1994.
Sec. 9. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Presented to the governor May 4, 1994
Signed by the governor May 6, 1994, 11:32 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes