Bill Text: MN SF281 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Environment and natural resources trust fund expenditures provisions modifications; legislative-citizen commission on Minnesota resources (LCCMR) citizen membership and duties modifications
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-02-09 - Referred to Environment and Natural Resources [SF281 Detail]
Download: Minnesota-2011-SF281-Introduced.html
1.2relating to natural resources; modifying environment and natural resources trust
1.3fund provisions;amending Minnesota Statutes 2010, sections 116P.03; 116P.05,
1.4subdivision 1; 116P.08, subdivisions 1, 2, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116P.03, is amended to read:
1.7116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING;
1.8APPROPRIATIONS.
1.9(a) The trust fund may not be used as a substitute for traditional sources of funding
1.10environmental and natural resources activities, but the trust fund shall supplement the
1.11traditional sources, including those sources used to support the criteria in section 116P.08,
1.12subdivision 1.The trust fund must be used primarily to support activities whose benefits
1.13become available only over an extended period of time.
1.14(b) The commission must determine the amount of the state budget spent from
1.15traditional sources to fund environmental and natural resources activities before and after
1.16the trust fund is established and include a comparison of the amount in the report under
1.17section 116P.09, subdivision 7.
1.18(c) For the fiscal year beginning July 1, 2007, and each year thereafter, the amount
1.19of the environment and natural resources trust fund that is available for appropriation
1.20under the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated
1.21by law.
1.22(d) The amount appropriated from the environment and natural resources trust fund
1.23may be spent only for the public purpose of protection, conservation, preservation, and
1.24enhancement of the state's air, water, land, fish, wildlife, and other natural resources.
2.1Recommendations made by the commission under this chapter must be consistent with
2.2the Minnesota Constitution, article XI, section 14; this chapter; and the strategic plan
2.3adopted under section 116P.08, subdivision 3, and must demonstrate a direct benefit to the
2.4state's environment and natural resources.
2.5 Sec. 2. Minnesota Statutes 2010, section 116P.05, subdivision 1, is amended to read:
2.6 Subdivision 1. Membership. (a) A Legislative-Citizen Commission on Minnesota
2.7Resources of 17 members is created in the legislative branch, consisting of the chairs of
2.8the house of representatives and senate committees on environment and natural resources
2.9finance or designees appointed for the terms of the chairs,four three members of the
2.10senate appointed by the Subcommittee on Committees of the Committee on Rules and
2.11Administration, andfour three members of the house of representatives appointed by
2.12the speaker.
2.13At least two members from the senate and two members from the house of
2.14representatives must be from the minority caucus. Members are entitled to reimbursement
2.15for per diem expenses plus travel expenses incurred in the services of the commission.
2.16Seven (b) Nine citizens are members of the commission, five of which two are
2.17appointed by the governor, one appointed by the Senate Subcommittee on Committees
2.18of the Committee on Rules and Administration, and one appointed by the speaker of the
2.19house according to subdivision 1a. Each of the boards of the seven counties comprising
2.20the seven-county metropolitan area, as defined under section 473.121, subdivision 2, shall
2.21appoint one citizen member. The citizen membersare selected and recommended to the
2.22appointing authorities according to subdivision 1a and must:
2.23(1) have experience or expertise in (i) the science, policy, or practice of the
2.24protection, conservation, preservation,and or enhancement of the state's air, water, land,
2.25fish, wildlife, and other natural resources or (ii) economic development or job training
2.26related to the protection, conservation, preservation, or enhancement of the state's air,
2.27water, land, fish, wildlife, and other natural resources;
2.28(2) have strong knowledge in the state's environment and natural resource issues
2.29around the state; and
2.30(3) have demonstrated ability to work in a collaborative environment.
2.31(b) (c) Members shall develop procedures to elect a chair that rotates between
2.32legislative and citizen members. The chair shall preside and convene meetings as often
2.33as necessary to conduct duties prescribed by this chapter.
2.34(c) Appointed legislative (d) Members shall serve on the commission for two-year
2.35terms, beginning in January of each odd-numbered year and continuing through the end of
3.1December of the next even-numbered year.Citizen and legislative Members continue to
3.2serve until their successors are appointed.
3.3(d) (e) A citizen member may be removed by an appointing authority for cause.
3.4Vacancies occurring on the commission shall not affect the authority of the remaining
3.5members of the commission to carry out their duties, and vacancies shall be filled for the
3.6remainder of the term in the same manner under paragraph (a).
3.7(e) Citizen members shall be initially appointed according to the following schedule
3.8of terms:
3.9(1) two members appointed by the governor for a term ending the first Monday in
3.10January 2010;
3.11(2) one member appointed by the senate Subcommittee on Committees of the
3.12Committee on Rules and Administration for a term ending the first Monday in January
3.132010 and one member appointed by the speaker of the house for a term ending the first
3.14Monday in January 2010;
3.15(3) two members appointed by the governor for a term ending the first Monday in
3.16January 2009; and
3.17(4) one member appointed by the governor for a term ending the first Monday in
3.18January 2008.
3.19(f) Citizen members are entitled to per diem and reimbursement for expenses
3.20incurred in the services of the commission, as provided in section 15.059, subdivision 3.
3.21(g) The governor's appointments are subject to the advice and consent of the senate.
3.22 Sec. 3. Minnesota Statutes 2010, section 116P.08, subdivision 1, is amended to read:
3.23 Subdivision 1. Expenditures. (a) Money in the trust fund may be spent only for:
3.24(1) the reinvest in Minnesota program as provided in section84.95, subdivision 2 ;
3.25(2) research that contributes to increasing the effectiveness of protecting or managing
3.26the state's environment or natural resources, subject to the limit in paragraph (b);
3.27(3) collection and analysis of information that assists in developing the state's
3.28environmental and natural resources policies, subject to the limit in paragraph (b);
3.29(4)enhancement of public education, awareness, and understanding workforce
3.30training necessary for the protection, conservation, restoration, and enhancement of air,
3.31land, water, forests, fish, wildlife, and other natural resources;
3.32(5) capital projects for thepreservation and protection of unique natural resources,
3.33conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
3.34and other natural resources, including renewable energy projects;
4.1(6) activities that preserve or enhance fish, wildlife, land, air, water, and other natural
4.2resources that otherwise may be substantially impaired or destroyed in any area of the state;
4.3(7) administrative and investment expenses incurred by the State Board of
4.4Investment in investing deposits to the trust fund; and
4.5(8) administrative expenses subject to the limits in section116P.09 .
4.6(b) No more than eight percent of the amount available for appropriation from the
4.7trust fund for the biennium may be spent on projects under paragraph (a), clauses (2)
4.8and (3), combined.
4.9 Sec. 4. Minnesota Statutes 2010, section 116P.08, subdivision 2, is amended to read:
4.10 Subd. 2. Exceptions. Money from the trust fund may not be spent for:
4.11(1) purposes of environmental compensation and liability under chapter 115B and
4.12response actions under chapter 115C;
4.13(2)purposes of municipal water pollution control under the authority of chapters
4.14115 and 116;
4.15(3) costs associated with the decommissioning of nuclear power plants;
4.16(4) (3) hazardous waste disposal facilities;
4.17(5) (4) solid waste disposal facilities; or
4.18(6) (5) projects or purposes inconsistent with the strategic plan.
4.19 Sec. 5. Minnesota Statutes 2010, section 116P.08, is amended by adding a subdivision
4.20to read:
4.21 Subd. 2a. Geographical distribution. The geographical distribution of
4.22expenditures made under subdivision 1 must, as nearly as possible, proportionally match
4.23the geographical distribution of revenue to the trust fund from the state-operated lottery.
4.24 Sec. 6. Minnesota Statutes 2010, section 116P.08, is amended by adding a subdivision
4.25to read:
4.26 Subd. 2b. State agencies ineligible. No state agency may receive an appropriation
4.27from the trust fund, except to administer grants to or agreements with other recipients of
4.28funding.
1.3fund provisions;amending Minnesota Statutes 2010, sections 116P.03; 116P.05,
1.4subdivision 1; 116P.08, subdivisions 1, 2, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116P.03, is amended to read:
1.7116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING;
1.8APPROPRIATIONS.
1.9(a) The trust fund may not be used as a substitute for traditional sources of funding
1.10environmental and natural resources activities, but the trust fund shall supplement the
1.11traditional sources, including those sources used to support the criteria in section 116P.08,
1.12subdivision 1.
1.13
1.14(b) The commission must determine the amount of the state budget spent from
1.15traditional sources to fund environmental and natural resources activities before and after
1.16the trust fund is established and include a comparison of the amount in the report under
1.17section 116P.09, subdivision 7.
1.18(c) For the fiscal year beginning July 1, 2007, and each year thereafter, the amount
1.19of the environment and natural resources trust fund that is available for appropriation
1.20under the terms of the Minnesota Constitution, article XI, section 14, shall be appropriated
1.21by law.
1.22(d) The amount appropriated from the environment and natural resources trust fund
1.23may be spent only for the public purpose of protection, conservation, preservation, and
1.24enhancement of the state's air, water, land, fish, wildlife, and other natural resources.
2.1Recommendations made by the commission under this chapter must be consistent with
2.2the Minnesota Constitution, article XI, section 14; this chapter; and the strategic plan
2.3adopted under section 116P.08, subdivision 3, and must demonstrate a direct benefit to the
2.4state's environment and natural resources.
2.5 Sec. 2. Minnesota Statutes 2010, section 116P.05, subdivision 1, is amended to read:
2.6 Subdivision 1. Membership. (a) A Legislative-Citizen Commission on Minnesota
2.7Resources of 17 members is created in the legislative branch, consisting of the chairs of
2.8the house of representatives and senate committees on environment and natural resources
2.9finance or designees appointed for the terms of the chairs,
2.10senate appointed by the Subcommittee on Committees of the Committee on Rules and
2.11Administration, and
2.12the speaker.
2.13At least two members from the senate and two members from the house of
2.14representatives must be from the minority caucus. Members are entitled to reimbursement
2.15for per diem expenses plus travel expenses incurred in the services of the commission.
2.16
2.17appointed by the governor,
2.18
2.19
2.20the seven-county metropolitan area, as defined under section 473.121, subdivision 2, shall
2.21appoint one citizen member. The citizen members
2.22
2.23(1) have experience or expertise in (i) the science, policy, or practice of the
2.24protection, conservation, preservation,
2.25fish, wildlife, and other natural resources or (ii) economic development or job training
2.26related to the protection, conservation, preservation, or enhancement of the state's air,
2.27water, land, fish, wildlife, and other natural resources;
2.28(2) have strong knowledge in the state's environment and natural resource issues
2.29
2.30(3) have demonstrated ability to work in a collaborative environment.
2.31
2.32legislative and citizen members. The chair shall preside and convene meetings as often
2.33as necessary to conduct duties prescribed by this chapter.
2.34
2.35terms, beginning in January of each odd-numbered year and continuing through the end of
3.1December of the next even-numbered year.
3.2serve until their successors are appointed.
3.3
3.4Vacancies occurring on the commission shall not affect the authority of the remaining
3.5members of the commission to carry out their duties, and vacancies shall be filled for the
3.6remainder of the term in the same manner under paragraph (a).
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19(f) Citizen members are entitled to per diem and reimbursement for expenses
3.20incurred in the services of the commission, as provided in section 15.059, subdivision 3.
3.21(g) The governor's appointments are subject to the advice and consent of the senate.
3.22 Sec. 3. Minnesota Statutes 2010, section 116P.08, subdivision 1, is amended to read:
3.23 Subdivision 1. Expenditures. (a) Money in the trust fund may be spent only for:
3.24(1) the reinvest in Minnesota program as provided in section
3.25(2) research that contributes to increasing the effectiveness of protecting or managing
3.26the state's environment or natural resources, subject to the limit in paragraph (b);
3.27(3) collection and analysis of information that assists in developing the state's
3.28environmental and natural resources policies, subject to the limit in paragraph (b);
3.29(4)
3.30training necessary for the protection, conservation, restoration, and enhancement of air,
3.31land, water, forests, fish, wildlife, and other natural resources;
3.32(5) capital projects for the
3.33conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
3.34and other natural resources, including renewable energy projects;
4.1(6) activities that preserve or enhance fish, wildlife, land, air, water, and other natural
4.2resources that otherwise may be substantially impaired or destroyed in any area of the state;
4.3(7) administrative and investment expenses incurred by the State Board of
4.4Investment in investing deposits to the trust fund; and
4.5(8) administrative expenses subject to the limits in section
4.6(b) No more than eight percent of the amount available for appropriation from the
4.7trust fund for the biennium may be spent on projects under paragraph (a), clauses (2)
4.8and (3), combined.
4.9 Sec. 4. Minnesota Statutes 2010, section 116P.08, subdivision 2, is amended to read:
4.10 Subd. 2. Exceptions. Money from the trust fund may not be spent for:
4.11(1) purposes of environmental compensation and liability under chapter 115B and
4.12response actions under chapter 115C;
4.13(2)
4.14
4.15
4.16
4.17
4.18
4.19 Sec. 5. Minnesota Statutes 2010, section 116P.08, is amended by adding a subdivision
4.20to read:
4.21 Subd. 2a. Geographical distribution. The geographical distribution of
4.22expenditures made under subdivision 1 must, as nearly as possible, proportionally match
4.23the geographical distribution of revenue to the trust fund from the state-operated lottery.
4.24 Sec. 6. Minnesota Statutes 2010, section 116P.08, is amended by adding a subdivision
4.25to read:
4.26 Subd. 2b. State agencies ineligible. No state agency may receive an appropriation
4.27from the trust fund, except to administer grants to or agreements with other recipients of
4.28funding.
