1.1 	A bill for an act
1.2 	relating to economic development; making technical and housekeeping changes 
1.3 	in the Department of Employment and Economic Development; modifying 
1.4 	contamination cleanup grant provisions;amending Minnesota Statutes 2006, 
1.5 	sections 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555, subdivision 
1.6 	1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 268A.01, subdivision 
1.7 	13, by adding a subdivision; 268A.085, subdivision 1; 268A.15, by adding a 
1.8 	subdivision; repealing Minnesota Statutes 2006, section 16C.18, subdivision 2.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to 
1.11 	read:
1.12 		Subdivision 1.Grant account. A contaminated site cleanup and development 
1.13 	grant account is created in the general fund. Money in the account may be used, as 
1.14 	appropriated by law, to make grants as provided in section 116J.554 and to pay for the 
1.15 	commissioner's costs in reviewing applications and making grants. Notwithstanding 
1.16 	section 16A.28, money appropriated to the account for this program from any source is 
1.17 	available for four years until spent.

1.18 	Sec. 2. Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:
1.19 		Subd. 2.Qualifying sites. A site qualifies for a grant under this section, if the 
1.20 	following criteria are met:
1.21 	(1) the site is not scheduled for funding during the current or next fiscal year under 
1.22 	the Comprehensive Environmental Response, Compensation, and Liability Act, United 
1.23 	States Code, title 42, section 9601, et seq. or under the Environmental Response, and 
1.24 	Liability Act under sections 115B.01 to 115B.20; 
2.1 	(2) the appraised value of the site after adjusting for the effect on the value of the 
2.2 	presence or possible presence of contaminants using accepted appraisal methodology, or 
2.3 	the current market value of the site as issued under section 273.121, separately taking into 
2.4 	account the effect of the contaminants on the market value, (i) is less than 75 percent of 
2.5 	the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup 
2.6 	costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and 
2.7 	(3) (2) if the proposed cleanup is completed, it is expected that the site will be 
2.8 	improved with buildings or other improvements and these improvements will provide a 
2.9 	substantial increase in the property tax base within a reasonable period of time or the site 
2.10 	will be used for an important publicly owned or tax-exempt facility.

2.11 	Sec. 3. Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:
2.12 		Subdivision 1.Priorities. (a) The legislature expects that applications for grants 
2.13 	will exceed the available appropriations and the agency will be able to provide grants to 
2.14 	only some of the applicant development authorities.
2.15 	(b) If applications for grants for qualified sites exceed the available appropriations, 
2.16 	the agency shall make grants for sites that, in the commissioner's judgment, provide 
2.17 	the highest return in public benefits for the public costs incurred and that meet all the 
2.18 	requirements provided by law. In making this judgment, the commissioner shall consider 
2.19 	the following factors:
2.20 	(1) the recommendations or ranking of projects by the commissioner of the Pollution 
2.21 	Control Agency regarding the potential threat to public health and the environment that 
2.22 	would be reduced or eliminated by completion of each of the response action plans;
2.23 	(2) the potential increase in the property tax base of the local taxing jurisdictions, 
2.24 	considered relative to the fiscal needs of the jurisdictions, that will result from 
2.25 	developments that will occur because of completion of each of the response action plans;
2.26 	(3) the social value to the community of the cleanup and redevelopment of the site, 
2.27 	including the importance of development of the proposed public facilities on each of 
2.28 	the sites;
2.29 	(4) the probability that each site will be cleaned up without use of government 
2.30 	money in the reasonably foreseeable future by considering but not limited to the current 
2.31 	market value of the site versus the cleanup cost;
2.32 	(5) the amount of cleanup costs for each site; and
2.33 	(6) the amount of the commitment of municipal or other local resources to pay for 
2.34 	the cleanup costs.
3.1 	The factors are not listed in a rank order of priority; rather the commissioner may 
3.2 	weigh each factor, depending upon the facts and circumstances, as the commissioner 
3.3 	considers appropriate. The commissioner may consider other factors that affect the net 
3.4 	return of public benefits for completion of the response action plan. The commissioner, 
3.5 	notwithstanding the listing of priorities and the goal of maximizing the return of public 
3.6 	benefits, shall make grants that distribute available money to sites both within and outside 
3.7 	of the metropolitan area. The commissioner shall provide a written statement of the 
3.8 	supporting reasons for each grant. Unless sufficient applications are not received for 
3.9 	qualifying sites outside of the metropolitan area, at least 25 percent of the money provided 
3.10 	as grants must be made for sites located outside of the metropolitan area.

3.11 	Sec. 4. Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:
3.12 		Subdivision 1.Commissioner discretion. The commissioner may make a grant for 
3.13 	up to 50 percent of the eligible costs of a project. The determination of whether to make a 
3.14 	grant for a site is within the discretion of the commissioner, subject to this section and 
3.15 	sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment 
3.16 	account.  If the commissioner determines that the applications for grants for projects in 
3.17 	greater Minnesota are less than the amount of grant funds available, the commissioner 
3.18 	may make grants for projects anywhere in Minnesota. The commissioner's decisions and 
3.19 	application of the priorities under this section are not subject to judicial review, except 
3.20 	for abuse of discretion.

3.21 	Sec. 5. Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:
3.22 		Subd. 1a.Priorities. (a) If applications for grants exceed the available 
3.23 	appropriations, grants shall be made for sites that, in the commissioner's judgment, provide 
3.24 	the highest return in public benefits for the public costs incurred. "Public benefits" include 
3.25 	job creation, bioscience development, environmental benefits to the state and region, 
3.26 	efficient use of public transportation, efficient use of existing infrastructure, provision of 
3.27 	affordable housing, multiuse development that constitutes community rebuilding rather 
3.28 	than single-use development, crime reduction, blight reduction, community stabilization, 
3.29 	and property tax base maintenance or improvement. In making this judgment, the 
3.30 	commissioner shall give priority to redevelopment projects with one or more of the 
3.31 	following characteristics:
3.32 	(1) the need for redevelopment in conjunction with contamination remediation needs;
3.33 	(2) the redevelopment project meets current tax increment financing requirements 
3.34 	for a redevelopment district and tax increments will contribute to the project;
4.1 	(3) the redevelopment potential within the municipality;
4.2 	(4) proximity to public transit if located in the metropolitan area; and
4.3 	(5) multijurisdictional projects that take into account the need for affordable housing, 
4.4 	transportation, and environmental impact.
4.5 	(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the 
4.6 	commissioner may weigh each factor, depending upon the facts and circumstances, as 
4.7 	the commissioner considers appropriate. The commissioner may consider other factors 
4.8 	that affect the net return of public benefits for completion of the redevelopment plan. The 
4.9 	commissioner, notwithstanding the listing of priorities and the goal of maximizing the 
4.10 	return of public benefits, shall make grants that distribute available money to sites both 
4.11 	within and outside of the metropolitan area. Unless sufficient applications are not received 
4.12 	for qualifying sites outside of the metropolitan area, at least 25 percent of the money 
4.13 	provided as grants must be made for sites located outside of the metropolitan area.

4.14 	Sec. 6. Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:
4.15 		Subdivision 1.Generally. (a) The commissioner shall promote, develop, and 
4.16 	facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in 
4.17 	addition to the powers granted by section 116J.035, the commissioner may: 
4.18 	(1) locate, develop, and promote international markets for Minnesota products 
4.19 	and services;
4.20 	(2) arrange and lead trade missions to countries with promising international markets 
4.21 	for Minnesota goods, technology, services, and agricultural products;
4.22 	(3) promote Minnesota products and services at domestic and international trade 
4.23 	shows;
4.24 	(4) organize, promote, and present domestic and international trade shows featuring 
4.25 	Minnesota products and services;
4.26 	(5) host trade delegations and assist foreign traders in contacting appropriate 
4.27 	Minnesota businesses and investments;
4.28 	(6) develop contacts with Minnesota businesses and gather and provide information 
4.29 	to assist them in locating and communicating with international trading or joint venture 
4.30 	counterparts;
4.31 	(7) provide information, education, and counseling services to Minnesota businesses 
4.32 	regarding the economic, commercial, legal, and cultural contexts of international trade;
4.33 	(8) provide Minnesota businesses with international trade leads and information 
4.34 	about the availability and sources of services relating to international trade, such as 
5.1 	export financing, licensing, freight forwarding, international advertising, translation, and 
5.2 	custom brokering;
5.3 	(9) locate, attract, and promote foreign direct investment and business development 
5.4 	in Minnesota to enhance employment opportunities in Minnesota;
5.5 	(10) provide foreign businesses and investors desiring to locate facilities in 
5.6 	Minnesota information regarding sources of governmental, legal, real estate, financial, and 
5.7 	business services;
5.8 	(11) enter into contracts or other agreements with private persons and public entities, 
5.9 	including agreements to establish and maintain offices and other types of representation in 
5.10 	foreign countries, to carry out the purposes of promoting international trade and attracting 
5.11 	investment from foreign countries to Minnesota and to carry out this section, without 
5.12 	regard to section 16C.06; and 
5.13 	(12) market trade-related materials to businesses and organizations, and the proceeds 
5.14 	of which must be placed in a special revolving account and are appropriated to the 
5.15 	commissioner to prepare and distribute trade-related materials.
5.16 	(b) The programs and activities of the commissioner of employment and economic 
5.17 	development and the Minnesota Trade Division may not duplicate programs and activities 
5.18 	of the commissioner of agriculture.
5.19 	(c) The commissioner shall notify the chairs of the senate Finance and house Ways 
5.20 	and Means Committees of each agreement under this subdivision to establish and maintain 
5.21 	an office or other type of representation in a foreign country.
5.22 	(d) The Minnesota Trade Office shall serve as the state's office of protocol providing 
5.23 	assistance to official visits by foreign government representatives and shall serve as liaison 
5.24 	to the foreign diplomatic corps in Minnesota.

5.25 	Sec. 7. Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:
5.26 		Subd. 13.Supported employment. (a) "Supported employment" means 
5.27 	employment of a person with a disability so severe that the person needs ongoing training 
5.28 	and support to get and keep a job in which:
5.29 	(1) the person engages in paid work in a position removed from the service vendor's 
5.30 	site where individuals without disabilities who do not require public subsidies also may 
5.31 	be employed;
5.32 	(2) public funds are necessary to provide ongoing training and support services 
5.33 	throughout the period of the person's employment; and
5.34 	(3) the person has the opportunity for social interaction with individuals who do not 
5.35 	have disabilities and who are not paid caregivers.
6.1 	(b) If the commissioner has certified a rehabilitation facility setting as integrated, 
6.2 	then employment at that site may be considered supported employment.

6.3 	Sec. 8. Minnesota Statutes 2006, section 268A.01, is amended by adding a subdivision 
6.4 	to read:
6.5 		Subd. 14.Affirmative business enterprise employment. "Affirmative business 
6.6 	enterprise employment" means employment which provides paid work on the premises of 
6.7 	an affirmative business enterprise as certified by the commissioner.
6.8 	Affirmative business enterprise employment is considered community employment 
6.9 	for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided 
6.10 	that the wages for individuals reported must be at or above customary wages for the 
6.11 	same employer. The employer must also provide one benefit package that is available to 
6.12 	all employees.

6.13 	Sec. 9. Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:
6.14 		Subdivision 1.Appointment; membership. Every city, town, county, nonprofit 
6.15 	corporation, or combination thereof establishing a rehabilitation facility shall appoint a 
6.16 	rehabilitation facility board of no fewer than nineseven voting members before becoming 
6.17 	eligible for the assistance provided by sections 268A.06 to 268A.15. When any city, 
6.18 	town, or county singly establishes such a rehabilitation facility, the board shall be 
6.19 	appointed by the chief executive officer of the city or the chair of the governing board 
6.20 	of the county or town. When any combination of cities, towns, counties, or nonprofit 
6.21 	corporations establishes a rehabilitation facility, the chief executive officers of the cities, 
6.22 	nonprofit corporations, and the chairs of the governing bodies of the counties or towns 
6.23 	shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation 
6.24 	facility, the corporation shall appoint the board of directors. Membership on a board 
6.25 	shall be representative of the community served and shall include a person with a 
6.26 	disability. One-third to one-half of the board shall be representative of industry or 
6.27 	business. The remaining members should be representative of lay associations for persons 
6.28 	with a disability, labor, the general public, and education, welfare, medical, and health 
6.29 	professions. Nothing in sections 268A.06 to 268A.15 shall be construed to preclude 
6.30 	the appointment of elected or appointed public officials or members of the board of 
6.31 	directors of the sponsoring nonprofit corporation to the board, so long as the representation 
6.32 	described above is preserved. If a county establishes an extended employment program 
6.33 	and manages the program with county employees, the governing board shall be the county 
7.1 	board of commissioners, and other provisions of this chapter pertaining to membership on 
7.2 	the governing board do not apply. 

7.3 	Sec. 10. Minnesota Statutes 2006, section 268A.15, is amended by adding a 
7.4 	subdivision to read:
7.5 		Subd. 9.Integrated setting. At the commissioner's discretion, paid work on the 
7.6 	premises of a rehabilitation facility may be certified as an integrated setting after a site 
7.7 	review by the department.

7.8 	Sec. 11.  REPEALER.
 7.9 	Minnesota Statutes 2006, section 16C.18, subdivision 2, is repealed.