Minnesota Session Laws - 2011, Regular Session

CHAPTER 67--S.F.No. 1044

An act

relating to state government; modifying provisions relating to state agency responses to natural disasters;

amending Minnesota Statutes 2010, sections 12A.05; 12A.06, subdivision 1; 12A.07, subdivisions 1, 2; 12A.09, subdivision 4; 12A.10, by adding a subdivision; 12A.12, subdivisions 2, 3, by adding a subdivision; 12A.15, by adding a subdivision; 12A.16.

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

Section 1.

Minnesota Statutes 2010, section 12A.05, is amended to read:

12A.05 BOARD OF WATER AND SOIL RESOURCES.

Subdivision 1.

Reinvest in Minnesota (RIM) conservation easements.

The board may use appropriations to acquire easements from landowners on marginal new text begin or damaged new text end lands in the disaster area to new text begin provide flood attenuation, to restore and new text end protect soil and water deleted text begin quality deleted text end new text begin resources, new text end and to support new text begin related new text end fish and wildlife habitat as provided in section 103F.515.

The board may use deleted text begin an appropriation deleted text end new text begin appropriations new text end , as provided in law, to implement the program.

Subd. 2.

Erosion deleted text begin , deleted text end new text begin and new text end sediment new text begin control new text end , deleted text begin and deleted text end water quality deleted text begin control cost-share program deleted text end new text begin and watershed protection projects new text end .

The board may new text begin establish a disaster recovery program and new text end use appropriations to install, repair, or rehabilitate erosion and sediment control new text begin and water quality and watershed protection new text end projects in the disaster area deleted text begin to protect soil and water quality and to support fish and wildlife habitat deleted text end .

The board may use deleted text begin an appropriation deleted text end new text begin appropriations new text end , as provided in law, to implement the new text begin disaster recovery new text end program new text begin and to address critical conservation problems resulting from the disaster that are funded in whole or in part with state sources, to the extent that combined federal and state funding does not exceed 100 percent new text end .

Subd. 3.

Waivers new text begin and extensions new text end authorized.

The board may waive the provisions of Minnesota Rules, chapter 8400, in the disaster area on land damaged by the disaster. deleted text begin The waiver applies to all existing and future contracts to address critical conservation problems resulting from the disaster that are funded in whole or in part with state money, to the extent that combined federal and state funding does not exceed 100 percent. deleted text end All existing deleted text begin state cost-share deleted text end grant agreements in the disaster area deleted text begin are deleted text end new text begin may be new text end extended deleted text begin , as provided in law deleted text end new text begin for up to two years new text end .

Sec. 2.

Minnesota Statutes 2010, section 12A.06, subdivision 1, is amended to read:

Subdivision 1.

Disaster enrollment impact aid.

The commissioner may pay disaster enrollment impact aid to a school district in an amount set in law times the number of deleted text begin pupils deleted text end new text begin adjusted pupil units new text end lost as a result of the disaster. An eligible district must provide to the commissioner documentation of the number of pupils in average daily membership lost new text begin by grade level new text end as a result of the disaster.

Sec. 3.

Minnesota Statutes 2010, section 12A.07, subdivision 1, is amended to read:

Subdivision 1.

Minnesota investment fund.

The commissioner may use state appropriations for grants to local units of government for locally administered grants or loan programs as provided in this section for assistance to eligible organizations directly and adversely affected by the disaster. new text begin Funds may be used only to address physical damage to buildings and such personal property as machinery, equipment, fixtures, and furniture. A loan may not duplicate or replace equivalent assistance available from insurance, other organizations, or government agencies. new text end

Sec. 4.

Minnesota Statutes 2010, section 12A.07, subdivision 2, is amended to read:

Subd. 2.

Assistance.

Criteria and requirements must be locally established with the approval of the commissioner. Local plans must specify the type of assistance to be provided to eligible organizations. Within the limits of the available grant amounts, assistance may be provided as loans with or without interest and as forgivable loans. The criteria must, at a minimum, specify that an organization receiving a forgivable loan must remain in the local community a minimum of deleted text begin ten deleted text end new text begin five new text end years after the date of the loan new text begin , after which the amount of loan forgiveness must follow a schedule provided by the commissioner for an additional five years new text end . Loans made under this section must not be used to refinance debt that existed on the date of the disaster. Repayment of loan amounts is made to the local community.

Sec. 5.

Minnesota Statutes 2010, section 12A.09, subdivision 4, is amended to read:

Subd. 4.

Waivers authorized.

For assistance under subdivision 2, the requirements of section 462A.33, subdivision 3, and Minnesota Rules, parts 4900.3632 and 4900.3634, deleted text begin subdivision deleted text end new text begin subpart new text end 4, are waived.

Sec. 6.

Minnesota Statutes 2010, section 12A.10, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Nursing home bed layaway. new text end

new text begin In consultation with the commissioner of human services, the commissioner of health may waive timelines specified in section 144A.071, subdivision 4b, at any time when a partial or complete evacuation occurs in response to a natural disaster, a possible natural disaster, or another event that threatens the health and safety of residents of a nursing home. For a nursing home placing beds in or removing them from layaway under this subdivision, property payment rates must not be adjusted. new text end

Sec. 7.

Minnesota Statutes 2010, section 12A.12, subdivision 2, is amended to read:

Subd. 2.

Flood hazard mitigation grants.

The commissioner may use state appropriations for the state's share of flood hazard mitigation grants for capital improvements to prevent or alleviate flood damage under section 103F.161 in the disaster area. The commissioner shall determine project priorities, as appropriate, based on need. deleted text begin These funds may also be used to buy out substantially damaged structures. deleted text end

To the extent that the cost of a project funded under this subdivision in a given municipality exceeds two percent of the median household income in the municipality, multiplied by the number of households in the municipality, the commissioner may also use the appropriation for the local share of the project.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 19, 2010. new text end

Sec. 8.

Minnesota Statutes 2010, section 12A.12, subdivision 3, is amended to read:

Subd. 3.

Debris removal; deleted text begin lakes and streams deleted text end new text begin public waters new text end .

The commissioner may use appropriations for deleted text begin grants to remove debris attributable to the disaster from lakes and streams deleted text end new text begin expenditures in the disaster area, including removing flood debris from public waters and installing and repairing flood warning gauges new text end .

Sec. 9.

Minnesota Statutes 2010, section 12A.12, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Dam renovation and removal. new text end

new text begin The commissioner may use appropriations to provide cost share for renovating or removing publicly owned dams in the disaster area under sections 103G.511 and 103G.515. new text end

Sec. 10.

Minnesota Statutes 2010, section 12A.15, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Long-term recovery assistance. new text end

new text begin The commissioner may use appropriations to provide technical assistance to local jurisdictions or to make grants to counties, regional consortia, and nonprofit organizations working in the disaster area to provide assistance in coordinating long-term recovery activities related to the disaster. new text end

Sec. 11.

Minnesota Statutes 2010, section 12A.16, is amended to read:

12A.16 TRANSPORTATION.

Subdivision 1.

new text begin Transportation infrastructure new text end operation and maintenance.

The commissioner may use appropriations from the trunk highway fund for transportation infrastructure operation and maintenance related to a disaster.

new text begin Subd. 1a. new text end

new text begin Emergency relief account in trunk highway fund. new text end

new text begin The commissioner may use appropriations from the emergency relief account in the trunk highway fund for infrastructure repair, maintenance, and operation related to a disaster. new text end

Subd. 2.

State deleted text begin trunk deleted text end highway and bridge deleted text begin damage deleted text end new text begin reconstruction and repair new text end .

The commissioner is responsible to reconstruct and repair trunk highways and trunk highway bridges located in the disaster area and damaged by the disaster.

Subd. 3.

Local road and bridge deleted text begin damage deleted text end new text begin reconstruction and replacement new text end .

The commissioner may make grants to local governments for the capital costs of new text begin repairing, new text end reconstructing deleted text begin and deleted text end new text begin , or new text end replacing local roads and bridges new text begin , including necessary demolition and design costs, new text end damaged or destroyed by the disaster. new text begin Grants may also be used for reasonable costs to mitigate damage from future disasters when to do so is part of a project to repair, reconstruct, or replace infrastructure damaged in the disaster. new text end Before the commissioner releases grant money, a grantee must submit final plans to the commissioner for each project under this subdivision. The commissioner must determine project priorities, review project plans in light of those priorities, and, if necessary, require changes to the project plans to ensure the most prudent use of limited state resources.

Subd. 4.

Local guidelines.

The commissioner, in consultation with the commissioner of public safety, must develop guidelines for local governments to use to respond to natural disasters in order to maximize the use of federal disaster assistance. The guidelines must address the use of local employees and equipment and contracted employees and equipment in the disaster response and the relative eligibility for federal reimbursement new text begin and clarify agency roles and responsibilities for damage estimates used for developing emergency state appropriations new text end .

Subd. 5.

Waivers authorized.

The requirements of section 174.50, subdivisions 5, 6, 6a, and 7, are waived for grants under subdivision 3.

Sec. 12.

new text begin FLOOD DAMAGE ASSISTANCE. new text end

new text begin Unspent general funds that are transferred to the commissioner of natural resources from Laws 2010, Second Special Session chapter 1, are available to be disbursed as grants to the cities located within a county designated for public assistance under Presidential Declaration of a Major Disaster FEMA-1941-DR, whether included in the original declarations or added later by federal government action, for payment of a portion of outstanding water and sewer infrastructure municipal bond debt, not to exceed the proportion of the outstanding debt represented by the percentage of taxable building structures that were bought out through the flood hazard mitigation program under Laws 2010, Second Special Session chapter 1. 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.

new text begin FLOOD HAZARD MITIGATION GRANTS; LOCAL SHARE. new text end

new text begin Transferred funds under Minnesota Statutes, section 12A.03, subdivision 5, that are used for flood hazard mitigation grants under Minnesota Statutes, section 12A.12, subdivision 2, may be used for the local share of flood hazard mitigation grants awarded under Minnesota Statutes, section 12A.12, subdivision 2, for the storms and flooding that occurred on or after September 22, 2010, in the area of Minnesota designated under Presidential Declaration of a Major Disaster FEMA-1941-DR, whether included in the original declarations or added later by federal government action. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 19, 2010. new text end

Presented to the governor May 23, 2011

Signed by the governor May 24, 2011, 4:57 p.m.