STATE OF MINNESOTA
EIGHTY-SIXTH SESSION - 2010
_____________________
NINETY-EIGHTH DAY
Saint Paul, Minnesota, Thursday, May 6, 2010
����� The House of Representatives convened at
12:00 noon and was called to order by Paul Thissen, Speaker pro tempore.
����� Prayer
was offered by the Reverend Duane V. Sarazin, River Hills United Methodist
Church, Burnsville, Minnesota.
����� The members of the House gave the pledge
of allegiance to the flag of the United States of America.
����� The roll was called and the following
members were present:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
����� A quorum was present.
����� Emmer was excused
����� Lillie and Slawik were excused until 2:10
p.m.� Kelliher and Mariani were excused
until 3:00 p.m.
����� The Chief Clerk proceeded to read the
Journal of the preceding day.� Holberg
moved that further reading of the Journal be dispensed with and that the
Journal be approved as corrected by the Chief Clerk.� The motion prevailed.
REPORTS OF
CHIEF CLERK
��������������� S. F. No. 2918
and H. F. No. 3281, which had been referred to the Chief Clerk
for comparison, were examined and found to be identical with certain
exceptions.
SUSPENSION
OF RULES
����� Murphy, M., moved that the rules be so far
suspended that S. F. No. 2918 be substituted for
H. F. No. 3281 and that the House File be indefinitely
postponed.� The motion prevailed.
PETITIONS AND COMMUNICATIONS
MOTION TO
TAKE FROM THE TABLE
����� Kohls moved that H. F. No. 2323, Chapter
No. 179, vetoed by the Governor on May 21, 2009 and returned to the House and
laid on the table pursuant to Joint Rule 3.02(c), be now taken from the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Kohls motion
and the roll was called.� There were 46
yeas and 83 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
����� The motion did not prevail.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Pelowski
from the Committee on State and Local Government Operations Reform, Technology
and Elections to which was referred:
H. F. No. 2227,
A bill for an act relating to local government; reestablishing the Board of
Innovation; imposing powers and duties on the board; appropriating money;
amending Minnesota Statutes 2008, section 3.971, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 465.
Reported
the same back with the following amendments:
Delete
everything after the enacting clause and insert:
"ARTICLE
1
STRATEGIC
PLAN
Section 1.� STRATEGIC
PLAN REPORT.�
By January
15, 2011, the Minnesota Innovation and Research Council shall report to the
governor and the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over state government policy and
finance with a strategic plan containing findings and recommendations to
improve state and local government delivery of public services.� The strategic plan must specify:
(1) how to
enhance the public involvement and input as the public uses state and local
government services and public schools;
(2) how
technology can be leveraged to reduce costs and enhance quality;
(3) how
service innovation will increase value or results per dollar spent; and
(4) the
design for a platform that will facilitate high-quality innovation and evaluate
state and local government structural redesign in the future.
The
strategic plan shall also provide a process to review and modify
recommendations at regular intervals in the future based on specific results
measured at regular intervals.
The
strategic plan shall also include any proposed legislation necessary to
implement the council's recommendations.
ARTICLE 2
MINNESOTA
INNOVATION AND RESEARCH COUNCIL
Section 1.� Minnesota Statutes 2008, section 3.971, is
amended by adding a subdivision to read:
Subd. 9.� Recommendations
to the Minnesota Innovation and Research Council.� The legislative auditor may make
recommendations to the Minnesota Innovation and Research Council established
under section 465.7902 that will assist the council in accomplishing its
duties.
Sec. 2.� [465.7901]
DEFINITIONS.�
Subdivision
1.� Agency.� "Agency"
means a department, agency, board, or other instrumentality of state government
that has jurisdiction over an administrative rule or law from which a waiver is
sought under section 465.7903.� If no
specific agency has jurisdiction over such a law, agency refers to the attorney
general.
Subd. 2.� Council.� "Council" means the
Minnesota Innovation and Research Council established by section 465.7902.
Subd. 3.� Local
government unit.� "Local
government unit" means a county, home rule charter or statutory city,
school district, town, or special taxing district.
Subd. 4.� Metropolitan
agency.� "Metropolitan
agency" has the meaning given in section 473.121, subdivision 5a.
Subd. 5.� Metropolitan
area.� "Metropolitan
area" has the meaning given in section 473.121, subdivision 2.
Subd. 6.� Metropolitan
Council.� "Metropolitan
Council" means the Metropolitan Council established by section 473.123.
Subd. 7.� Scope.� As used in sections 465.7901 to
465.7907 and 465.805 to 465.808, the terms defined in this section have the
meanings given them.
Sec. 3.� [465.7902]
MINNESOTA INNOVATION AND RESEARCH COUNCIL.�
Subdivision
1.� Membership.� The
Minnesota Innovation and Research Council consists of 15 members, appointed as
follows:
(1) two
members of the senate, appointed by the Subcommittee on Committees of the
Senate Committee on Rules and Administration;
(2) two
members of the house of representatives, appointed by the speaker of the house;
(3) the
commissioner of management and budget;
(4) the
commissioner of administration;
(5) the
state chief information officer;
(6) an
administrative law judge appointed by the chief administrative law judge;
(7) the
state auditor;
(8) two
members with a background in academic research concerning system redesign and
delivery, including one member appointed by the chancellor of the Minnesota
State Colleges and Universities and one member appointed by the president of
the University of Minnesota;
(9) one
member with experience in the leadership of nonprofit organizations, appointed
by the Minnesota Council of Nonprofits;
(10) one
member with experience in foundation leadership appointed by the Minnesota
Council on Foundations;
(11) one
member with experience as a leader of a for-profit corporation, appointed by
the Minnesota Chamber of Commerce; and
(12) one
member representing public employees appointed by the American Federation of
State, County and Municipal Employees.
All members
must have experience or interest in the work of system redesign or public
sector innovation.� The legislative
members serve as nonvoting members.� Only
members designated in clauses (3) to (7) may vote on proposed rule or law
waivers under section 465.7903.� A
commissioner serving on the council may designate an employee from the
commissioner's agency to serve as the commissioner's designee.� A person registered as a lobbyist under
chapter 10A may not be a member of the council.
Subd. 2.� Duties
of council.� The council
shall:
(1) accept
applications from local government units and nonprofit organizations for
waivers of administrative rules and temporary, limited exemptions from
enforcement of procedural requirements in state law as provided in section
465.7903, and determine whether to approve, modify, or reject the application;
(2) accept
applications for grants to local government units and related organizations
proposing to design models or plans for innovative service delivery and
management as provided in section 465.7905, and determine whether to approve,
modify, or reject the application;
(3) accept
applications from eligible local government units for service-sharing grants as
provided in section 465.7905, and determine whether to approve, modify, or
reject the application;
(4) make
recommendations to the legislature for the authorization of pilot projects for
the implementation of innovative service delivery activities that require
statutory authorization;
(5) make
recommendations to the legislature regarding the elimination of state mandates
that inhibit local government efficiency, innovation, and cooperation by
prescribing specific processes for achieving a desired outcome;
(6)
investigate and review the role of unfunded state mandates in intergovernmental
relations and assess their impact on state and local government objectives and
responsibilities;
(7) make
recommendations to the governor and the legislature regarding:
(i)
allowing flexibility for local units of government in complying with specific
unfunded state mandates for which terms of compliance are unnecessarily rigid
or complex;
(ii)
reconciling any two or more unfunded state mandates that impose contradictory
or inconsistent requirements;
(iii)
terminating unfunded state mandates that are duplicative, obsolete, or lacking
in practical utility;
(iv)
suspending, on a temporary basis, unfunded state mandates that are not vital to
public health and safety and that compound the fiscal difficulties of local
units of government, including recommendations for initiating the suspensions;
(v)
consolidating or simplifying unfunded state mandates or the planning or
reporting requirements of the mandates, in order to reduce duplication and
facilitate compliance by local units of government with those mandates; and
(vi)
establishing common state definitions or standards to be used by local units of
government in complying with unfunded state mandates that use different
definitions or standards for the same terms or principles;
(8)
identify relevant unfunded state mandates;
(9)
facilitate proposals for grants made by eligible applicants; and
(10) make
recommendations on topics to the Legislative Audit Commission for program
evaluations that are likely to result in recommendations that will improve the
cost-effective delivery of government services.
The duties
imposed under clauses (6) to (10) must be performed to the extent possible
given existing resources.� Each
recommendation under clause (7) must, to the extent practicable, identify the
specific unfunded state mandates to which the recommendation applies.� The commissioners or directors of state
agencies responsible for the promulgation or enforcement of the unfunded
mandates addressed in clauses (5) to (10) shall assist the council in carrying
out the council's duties under this section.
Subd. 3.� Additional
coordinating functions.� The
council may also:
(1) serve
as a clearinghouse for existing ideas and information from community leaders;
(2) provide
a Web site where interested parties may share information and practices;
(3) receive
recommendations from the legislative auditor concerning waivers and other
initiatives within the council's jurisdiction;
(4) conduct
research concerning innovation in service delivery and local government
efficiency, innovation, and cooperation;
(5)
facilitate regional dialogue concerning successful innovation and
collaboration; and
(6) use its
best efforts to maximize public involvement in its work, including the use of
best practices in social media.
Subd. 4.� Staff.� The council shall hire an executive
director who serves as the state's chief innovation officer.� The council may hire other staff or
consultants as necessary to perform its duties.�
The commissioner of administration must provide administrative support
services to the council.
Subd. 5.� Terms,
compensation, and removal.� Members
serve at the pleasure of the appointing authority.� Compensation of members is governed by
section 15.0575, unless otherwise provided.
Sec. 4.� [465.7903]
RULE AND LAW WAIVER REQUESTS.�
Subdivision
1.� Generally.� (a)
Except as provided in paragraph (b), a local government unit or a nonprofit
organization may request the Minnesota Innovation and Research Council to grant
a waiver from one or more administrative rules or a temporary, limited
exemption from enforcement of state procedural laws governing delivery of
services by the local government unit or nonprofit organization.� Two or more local government units may submit
a joint application for a waiver or exemption under this section if they
propose to cooperate in providing a service or program that is subject to the
rule or law.� Before a local unit of
government may submit an application to the council, the governing body of the
local government unit must approve, in concept, the proposed waiver or
exemption at a meeting required to be public under chapter 13D.� A waiver or exemption granted to a nonprofit
organization under this section applies to services provided to all of the
organization's clients.
(b) A school
district that is granted a variance from rules of the commissioner of education
under section 122A.163 need not apply to the council for a waiver of those
rules under this section.� A school
district may not seek a waiver of rules under this section if the commissioner
of education has authority to grant a variance to the rules under section
122A.163.� This paragraph does not
preclude a school district from being included in a cooperative effort with
another local government unit under this section.
Subd. 2.� Application.� (a) A local government unit or
nonprofit organization requesting a waiver of a rule or exemption from
enforcement of a law under this section shall present a written application to
the council.� The application must
include:
(1)
identification of the service or program at issue;
(2)
identification of the administrative rule or the law imposing a procedural
requirement with respect to which the waiver or exemption is sought; and
(3) a
description of the improved service outcome sought, including an explanation of
the effect of the waiver or exemption in accomplishing that outcome.
(b) A local
government unit submitting an application must provide a copy to the exclusive
representative certified under section 179A.12 to represent employees who
provide the service or program affected by the requested waiver or exemption.
Subd. 3.� Review
process.� (a) Upon receipt of
an application, the council shall commence review of the application, as
provided in this subdivision.� The
council shall dismiss an application if it finds that the application proposes
a waiver of rules or exemption from enforcement of laws that would result in
due process violations, violations of federal law or the state or federal
constitution, or the loss of services to people who are entitled to them.� If the council does not dismiss an
application, the council must publish notice in the State Register before it
acts on the application.� The notice must
list the name of the local government unit or nonprofit organization requesting
the waiver or exemption, the service or program at issue, and the rule or law
with respect to which the waiver of exemption is sought.
(b) The
council shall determine whether a law from which an exemption for enforcement
is sought is a procedural law, specifying how a local government unit or
nonprofit organization is to achieve an outcome, rather than a substantive law
prescribing the outcome or otherwise establishing policy.� For the purposes of this section,
"procedural law" does not include a statutory notice requirement.� In making its determination, the council
shall consider whether the law specifies such requirements as:
(1) who must
deliver a service;
(2) where
the service must be delivered;
(3) to whom
and in what form reports regarding the service must be made; and
(4) how long
or how often the service must be made available to a given recipient.
(c) If a
member of the council also is a commissioner, a commissioner's designee, or the
state auditor, or is employed by an agency with jurisdiction over a rule or law
affected by an application, the member must not participate in the decision on
the particular waiver or exemption.
(d) If the
application is submitted by a local government unit or a nonprofit organization
in the metropolitan area or the unit or nonprofit organization requests a
waiver of a rule or temporary, limited exemptions from enforcement of a
procedural law over which the Metropolitan Council or a metropolitan agency has
jurisdiction, the council shall
also
transmit a copy of the application to the Metropolitan Council for review and
comment.� The Metropolitan Council shall
report its comments to the council within 60 days of the date the application
was transmitted to the Metropolitan Council.�
The Metropolitan Council may point out any resources or technical
assistance it may be able to provide a local government unit or nonprofit
organization submitting a request under this section.
(e) Within
15 days after receipt of the application, the council shall transmit a copy of
it to the commissioner of each agency having jurisdiction over a rule or law
from which a waiver or exemption is sought.�
The agency may mail a notice that it has received an application for a
waiver or exemption to all persons who have registered with the agency under
section 14.14, subdivision 1a, identifying the rule or law from which a waiver
or exemption is requested.� If no agency
has jurisdiction over the rule or law, the council shall transmit a copy of the
application to the attorney general.� The
agency shall inform the council of its agreement with or objection to and
grounds for objection to the waiver or exemption request within 60 days of the
date when the application was transmitted to it.� An agency's failure to respond under this
paragraph is considered agreement to the waiver or exemption.� The council shall decide whether to grant a
waiver or exemption at its next regularly scheduled meeting following its
receipt of an agency's response or the end of the 60-day response period.� If consideration of an application is not
concluded at that meeting, the matter may be carried over to the next meeting
of the council.� Interested persons may
submit written comments to the council on the waiver or exemption request up to
the time of its vote on the application.
(f) If the
exclusive representative of the affected employees of the requesting local
government unit objects to the waiver or exemption request, it may inform the
council of the objection to and the grounds for the objection to the waiver or
exemption request within 60 days of the receipt of the application.
Subd. 4.� Hearing.� If the agency or the exclusive
representative does not agree with the waiver or exemption request, the council
shall set a date for a hearing on the application.� The hearing must be conducted informally at a
meeting of the council.� Persons
representing the local government unit shall present their request for the
waiver or exemption, and a representative from the agency shall explain the
agency's objection to the waiver or exemption.�
Members of the council may request additional information from either
party.� The council may also request,
either before or at the hearing, information or comments from representatives
of business, labor, local governments, state agencies, consultants, and members
of the public.� If necessary, the hearing
may be continued at a subsequent council meeting.� A waiver or exemption requires a majority
vote of the council members.� The council
may modify the terms of the waiver or exemption request in arriving at the
agreement required under subdivision 5.
Subd. 5.� Conditions
of agreements.� (a) If the
council grants a request for a waiver or exemption, the council and the entity
making the request shall enter into an agreement providing for the delivery of
the service or program that is the subject of the application.� The agreement must specify desired outcomes
and the means of measurement by which the council will determine whether the
outcomes specified in the agreement have been met.� The agreement must specify the duration of
the waiver or exemption.� The duration of
a waiver from an administrative rule may be for no less than two years and no
more than four years, subject to renewal if both parties agree.� An exemption from enforcement of a law
terminates ten days after adjournment of the regular legislative session held
during the calendar year following the year when the exemption is granted,
unless the legislature has acted to extend or make permanent the exemption.
(b) If the
council grants a waiver or exemption, it must report the waiver or exemption to
the legislature, including the chairs of the governmental operations and
appropriate policy committees in the house of representatives and senate, and
the governor within 30 days.
(c) The
council may reconsider or renegotiate the agreement if the rule or law affected
by the waiver or exemption is amended or repealed during the term of the
original agreement.� A waiver of a rule
under this section has the effect of a variance granted by an agency under
section 14.055.� The recipient of an
exemption from enforcement of a procedural requirement in state law under this
section is exempt from that law for the duration of the exemption.� The council may require periodic reports from
the recipient, or conduct investigations of the service or program.
Subd. 6.� Enforcement.� If the council finds that the
recipient of a waiver or an exemption has failed to comply with the terms of
the agreement under subdivision 5, it may rescind the agreement.� After an agreement is rescinded, the
recipient is subject to the rules and laws covered by the agreement.
Subd. 7.� Access
to data.� If the recipient of
a waiver or an exemption through a cooperative program under this section gains
access to data that is classified as not public, the access to and use of the
data for the recipient is governed by the same restrictions on access to and
use of the data that apply to the unit that collected, created, received, or
maintained the data.
Sec. 5.� [465.7904]
WAIVERS OF STATE RULES; POLICIES.�
Subdivision
1.� Application.� A
state agency may apply to the council for a waiver from:
(1) an
administrative rule or policy adopted by the commissioner of management and
budget that deals with the state personnel system;
(2) an
administrative rule or policy of the commissioner of administration that deals
with the state procurement system; or
(3) a policy
of the commissioner of management and budget that deals with the state
accounting system.
Two or more
state agencies may submit a joint application.�
A waiver application must identify the rule or policy at issue, and must
describe the improved outcome sought through the waiver.
Subd. 2.� Review
process.� (a) The council
shall review all applications submitted under this section.� The council shall dismiss an application if
it finds that the application proposes a waiver that would result in due
process violations, violations of federal law or the state or federal
constitution, or the loss of services to people who are entitled to them.� If a proposed waiver would violate the terms
of a collective bargaining agreement effective under chapter 179A, the waiver
is not effective without the consent of the exclusive representative that is a
party to the agreement.� The council may
approve a waiver only if the council determines that if the waiver is granted:� (1) services can be provided in a more
efficient or effective manner; and (2) services related to human resources must
be provided in a manner consistent with section 43A.01.� In the case of a waiver from a policy of the
commissioner of management and budget, the council may approve the waiver only
if it determines that services will be provided in a more efficient or
effective manner and that state funds will be adequately accounted for and
safeguarded in a manner that complies with generally accepted government
accounting principles.
(b) Within
15 days of receipt of the application, the council shall send a copy of the
application to:� (1) the agency whose
rule or policy is involved; and (2) all exclusive representatives who represent
employees of the agency requesting the waiver.�
The agency whose rule or policy is involved may mail a copy of the
application to all persons who have registered with the agency under section
14.14, subdivision 1a.
(c) The
agency whose rule or policy is involved or an exclusive representative shall
notify the council of its agreement with or objection to and grounds for
objection to the waiver within 60 days of the date when the application was
transmitted to the agency or the exclusive representative.� An agency's or exclusive representative's
failure to respond under this paragraph is considered agreement to the waiver.
(d) If the
agency or the exclusive representative objects to the waiver, the council shall
schedule a meeting at which the agency requesting the waiver may present its
case for the waiver and the objecting party may respond.� The council shall decide whether to grant a
waiver at its next regularly scheduled meeting following its receipt of an
agency's response, or the end of the 60-day response period, whichever occurs
first.� If consideration of an
application is not concluded at the meeting, the matter may be carried over to
the next meeting of the council.� Interested
persons may submit written comments to the council on the waiver request.
(e) If the
council grants a request for a waiver, the council and the agency requesting
the waiver shall enter into an agreement relating to the outcomes desired as a
result of the waiver and the means of measurement to determine whether those
outcomes have been achieved with the waiver.�
The agreement must specify the duration of the waiver, which must be for
at least two years and not more than four years.� If the council determines that an agency that
has received a waiver is failing to comply with the terms of the agreement, the
council may rescind the agreement.
Subd. 3.� Participation.� If a waiver request involves a rule or
policy adopted by an official specified in section 465.7902, subdivision 1,
clauses (3) to (7), that official may not participate in the evaluation of that
waiver request.
Sec. 6.� [465.7905]
INNOVATION AND REDESIGN GRANTS.�
Subdivision
1.� Application.� One
or more local units of government, an association of local governments, the Metropolitan
Council, a local unit of government acting in conjunction with an organization
or a state agency, an organization established by two or more local units of
government under a joint powers agreement, or a not-for-profit organization may
apply to the Minnesota Innovation and Research Council for a grant to be used
to:� (1) develop models for service
redesign; or (2) meet the start-up costs of providing shared services or
functions.� Agreements solely to make
joint purchases do not qualify for grants.�
The application must specify a nonstate funding source for 25 percent of
the total cost of the proposal.� The
application to the council must state what other sources of funding have been
considered by the local units of government to implement the project and
explain why it is not possible to complete the project without assistance from
the council.� The council may not award a
grant if it determines that the local units of government could complete the
project without council assistance or if it determines the applicant has not
specified a nonstate funding source for 25 percent of the total cost.� A copy of the application must be provided by
the units to the exclusive representatives certified under section 179A.12 to
represent employees who provide the service or program affected by the
application.
Subd. 2.� Proposals.� (a) Proposed models for service
redesign may provide options to local governments, neighborhood or community
organizations, other not-for-profit organizations, or individuals to redesign
service delivery.� In awarding grants
under this paragraph, the council must consider whether the proposal:
(1) expands
consumer choices and opportunities;
(2) shifts
government toward an expanded role as a purchaser, rather than a provider, of
services;
(3) reduces
administrative costs through statewide or regional contracting, or related
administrative efficiencies;
(4) reduces
administrative costs through the accumulation of multiple related services into
a single contract with one provider, or related administrative efficiencies;
(5) fosters
entrepreneurial leadership in the public sector; and
(6)
increases value to the taxpayer or results per dollar spent.
(b) A
proposal for a grant for shared services or functions must include plans to fully
integrate a service or function provided by two or more local government units.� The proposal must include how value for the
taxpayer or results per dollar spent will be impacted.�
Subd. 3.� Requirements.� A copy of the work product for which
the grant was provided must be furnished to the council upon completion, and
the council may disseminate it to other local units of government or interested
groups.� If the council finds that the
work was not completed or implemented according to the terms of the grant
agreement, it may require the grantee to repay all or a portion of the grant.� The council shall award grants on the basis
of each
qualified
applicant's score under the scoring system in section 465.7906.� The amount of a grant under subdivision 2,
paragraph (a), may not exceed $250,000.� The
amount of a grant under subdivision 2, paragraph (b), may not exceed $100,000.
Sec. 7.� [465.7906]
SCORING SYSTEM.�
In deciding
whether to award a grant under section 465.7905, the council shall use the following
scoring system:
(1) Up to
15 points must be awarded to reflect the extent to which the application
demonstrates creative thinking, careful planning, cooperation, involvement of
the clients of the affected service, and commitment to persist through
challenges.
(2) Up to
25 points must be awarded to reflect the extent to which the proposed project
is likely to improve the quality of the service, increase value to the
taxpayers or results per dollar spent, and to have benefits for other local
governments.
(3) Up to
15 points must be awarded to reflect the extent to which the application's
budget provides sufficient detail, maximizes the use of state funds, documents
the need for financial assistance, commits to local financial support, and
limits expenditures to essential activities.
(4) Up to
15 points must be awarded to reflect the extent to which the application
reflects the statutory goal of the grant program.
(5) Up to
15 points must be awarded to reflect the merit of the proposed project and the
extent to which it warrants the state's financial participation.
(6) Up to
five points must be awarded to reflect the cost to benefit ratio projected for
the proposed project.
(7) Up to
five points must be awarded to reflect the number of government units
participating in the proposal.
(8) Up to
five points must be awarded to reflect the minimum length of time the
application commits to implementation.
Sec. 8.� [465.7907]
REPAYMENT OF GRANTS.�
Subdivision
1.� Repayment procedures.� Without
regard to whether a grant recipient offered to repay the grant in its original
application, as part of a grant awarded under section 465.7905, the council may
require the grant recipient to repay all or part of the grant if the council
determines the project funded by the grant resulted in an actual savings for
the participating local units of government.�
The grant agreement must specify how the savings are to be determined
and the period of time over which the savings will be used to calculate a
repayment requirement.� The repayment of
grant money under this section must not exceed an amount equal to the total
savings achieved through the implementation of the project.
Subd. 2.� Bonus
points.� In addition to the
points awarded to competitive grant applications under section 465.7906, the
council shall award additional points to any applicant that projects a
potential cost savings through the implementation of its project and offers to
repay part or all of the grant under the formula in subdivision 1.
Subd. 3.� Use
of repayment revenue.� All
grant money repaid to the council under this section is appropriated to the
council for additional grants authorized by section 465.7905.
Sec. 9.� [465.805]
POLICY INNOVATION AND RESEARCH.�
Subdivision
1.� Research topics.� The
council shall periodically select policy innovation topics suitable for review
and analysis by a consortium of independent organizations.� Topics may include general or specific
functions of state government.� The
council shall give primary consideration to areas of concern where a
comprehensive review and analysis of available research is likely to yield
recommendations for policy changes that will provide significant efficiencies
and improvements in the operation of state government and an increase in value
to the taxpayer.� Legislators and
legislative committees may provide the council with recommendations for topics.� The council shall make the final
determination regarding the selection of topics under this section.
Subd. 2.� Request
for proposal process.� (a)
After making the determination of a research topic under subdivision 1, the
council shall prepare a request for proposal relating to the topic that
specifies:
(1) the
precise topic and scope of the research required for the report to the commission;
(2) the
deadlines for the response to the request for proposal and for the subsequent
report; and
(3) any
other restrictions or guidelines required by the commission.
The council
shall make the request for proposal publicly available and must review
responses from any interested party.� A
group of individuals or organizations may submit a response.� The council may encourage the development of
a collaborative design lab containing a cross-section of researchers and public
sector designers from various nonprofits, businesses, foundations, and
education institutions to respond to the request for proposal.
(b) After
the deadline for submission of responses has expired, the council must hold a
hearing to consider all submissions.� The
council shall consider the following factors in selecting a response to the
request for proposal:
(1) the
experience and training of individuals and organizations who will prepare the
report to the commission;
(2) the
reliability and credibility of individuals and organizations who will prepare
the report;
(3) the
proposed method of research; and
(4) the
resources available for the preparation of the report.
(c) After
consideration and hearing of the responses to the request for proposal, the
council may:
(1) select
a submission;
(2) revise
the original request for proposal and extend the deadline for responses; or
(3)
terminate the request for proposal process for the selected topic.
The chief
innovation officer shall periodically communicate with the researchers to make
sure they are focused on answering the questions outlined in the request for
proposals.
Subd. 3.� Reports
to council.� The council shall
hold a hearing to receive a report prepared under this section and shall ensure
that the governor and the relevant committees in the legislature are provided
with notice of the report and an opportunity to review the report, including an
opportunity for additional hearings.
Sec. 10.� [465.808]
RECEIPTS; APPROPRIATION.�
(a) The
council may charge a fee for the use of services provided by the council's
staff.� The receipts from fees charged
under this section are deposited in a special revenue account and appropriated
to the council for services provided under sections 465.7901 to 465.808.
(b) The
council may accept gifts and grants.� Money
received under this paragraph is deposited in a special revenue account and
appropriated to the council for services provided under sections 465.7901 to
465.808.
Sec. 11.� [465.809]
GUARANTEEING INCREASED VALUE TO THE TAXPAYER.�
Subdivision
1.� Report.� The
council shall report by January 15 each year to the governor and appropriate
committees of the house of representatives and senate on its activities.� The report shall include the amount of the
council's net spending, the amount of savings and the increased outcomes to the
taxpayer that was identified by the council, and the actual documented savings
to state and local governments.� Entities
receiving grants or waivers from the council must document and verify savings
to the taxpayer from the previous year's budgets.
Subd. 2.� Savings
and increased value.� The
council must make every effort to obtain $3 in savings and show increased value
to the taxpayer for each net state dollar spent by the council.
Subd. 3.� Innovative
practices.� The council shall
promote and drive innovative practices and must make annual recommendations to the legislature.� One or all of these recommendations may be in
partnership with an individual, foundations,
nonprofits, or businesses.� The council
may make endorsements of proposals of individuals, foundations,
nonprofits, or businesses when making recommendations.� The council must make annual recommendations
to:
(1)
recommend at least $20 in savings and show increased outcomes to the taxpayer for
each net state dollar spent by the council.�
These savings may be spread out over various budget items;
(2)
recommend policy changes that will quantifiably improve desired outcome
attainment to the taxpayer as compared to dollars spent.� This shall not be limited to efficiency but
may also include developing new approaches to achieve desired outcomes;
(3)
highlight existing innovative practices or partnerships in the state; and
(4)
recommend innovative models, which may include state and local government
structural redesign, from across the country to the legislature; highlight
innovative practices from past or contemporary reports; recommend
evidence-based service delivery methods for this state; or recommend
theory-based working models of approaches to policy.
Sec. 12.� APPROPRIATIONS.�
$350,000 is
appropriated from the general fund for the fiscal year ending June 30, 2011, to
the Minnesota Innovation and Research Council for the following purposes:
(1)
operation and administration of the council;
(2) grants
for models for service redesign;
(3) grants
for shared services and functions;
(4) policy
innovation and research; and
(5) the
strategic plan report under article 1, section 1.
The
appropriations in this section are contingent on receiving a dollar-for-dollar
match from private sources.
Sec. 13.� REPEALER.�
Minnesota
Statutes 2008, section 6.80, is repealed."
Delete the
title and insert:
"A bill
for an act relating to local government; establishing Minnesota Innovation and
Research Council; imposing powers and duties of council; appropriating money;
amending Minnesota Statutes 2008, section 3.971, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 465; repealing
Minnesota Statutes 2008, section 6.80."
With the
recommendation that when so amended the bill pass and be re-referred to the
Committee on Rules and Legislative Administration.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
H. F. No. 3051, A bill for an act relating to
state lands; modifying method of determining value of acquired stream
easements; providing for designation of certain state forest boundaries;
modifying state forest acquisition provisions; permitting the exchange of
riparian lands within the Boundary Waters Canoe Area Wilderness; establishing a
moratorium on public access development for public waters without a public
access; adding to and deleting from state parks and state forests; providing
for disposition of certain proceeds; requiring designation of certain school
trust land as aquatic management area; authorizing and modifying public and
private sales, conveyances, and exchanges of certain state land; amending
Minnesota Statutes 2008, sections 84.0272, subdivision 2; 85.012, subdivision
40; 89.021, by adding a subdivision; 89.032, subdivision 2; 94.342, by adding a
subdivision; 97A.141, subdivision 1; Laws 2009, chapter 176, article 4, section
9.
Reported the same back with the following amendments:
Page 8, delete section 13
Page 41, line 31, delete "58" and insert
"57"
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 8, delete everything after the semicolon
Page 1, line 9, delete "as aquatic management area;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill pass.
����� The report was adopted.
Solberg from the Committee on Ways and Means to which was
referred:
H. F. No. 3124, A bill for an act relating to
game and fish; modifying aquaculture provisions; modifying provisions for
taking, possessing, and transporting wild animals; modifying requirements for
fish and wildlife management plans; modifying game and fish license provisions;
amending Minnesota Statutes 2008, sections 17.4982, subdivision 12, by adding a
subdivision; 17.4991, subdivision 3; 17.4994; 84.942, subdivision 1; 84D.03,
subdivision 3; 84D.11, subdivision 2a; 97A.015, subdivision 52; 97A.101,
subdivision 3; 97A.311, subdivision 5; 97A.331, subdivision 4; 97A.345;
97A.405, subdivision 2; 97A.421, subdivision 4a; 97A.433, by adding a
subdivision; 97A.435, subdivisions 1, 4; 97A.502; 97A.535, subdivision 2a;
97A.545, subdivision 5; 97B.015, subdivision 5a; 97B.022, subdivision 2;
97B.031, subdivision 5; 97B.075; 97B.106, subdivision 1; 97B.325; 97B.405;
97B.515, by adding a subdivision; 97B.911; 97B.915; 97B.921; 97B.925; 97C.005,
subdivision 3; 97C.087, subdivision 2; 97C.205; 97C.315, subdivision 1;
97C.341; Minnesota Statutes 2009 Supplement, sections 84.95, subdivision 2;
97A.445, subdivision 1a; 97B.055, subdivision 3; 97B.811, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapters 17; 97B; 348;
repealing Minnesota Statutes 2008, sections 84.942, subdivisions 2, 3, 4;
97A.435, subdivision 5; 97B.511; 97B.515, subdivision 3; 97B.811, subdivision
4.
Reported the same back with the recommendation that the bill
pass.
����� The report was adopted.
SECOND READING OF HOUSE
BILLS
����� H. F. Nos. 3051 and 3124 were read for the
second time.
SECOND READING OF SENATE
BILLS
����� S. F. No. 2918 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
����� The following House Files were introduced:
����� Drazkowski, Shimanski, Dettmer, Scott,
Buesgens and Davids introduced:
����� H. F. No. 3830, A bill for an act relating
to public safety; illegal immigration; requiring law enforcement to enforce
federal immigration laws; establishing eligibility criteria for federal and
state public benefits; requiring possession of alien identification cards; prohibiting
the transporting and smuggling of illegal immigrants; prohibiting illegal
immigrants from working or soliciting work in the state; prohibiting the
employment of illegal aliens; creating the Minnesota Illegal Immigration
Enforcement Team; requiring the attorney general to represent the state against
any challenges to this act; amending Minnesota Statutes 2009 Supplement,
section 629.34, subdivision 1; proposing coding for new law as Minnesota
Statutes, chapter 299P.
����� The bill was read for the first time and
referred to the Committee on Public Safety Policy and Oversight.
����� Torkelson introduced:
����� H. F. No. 3831, A bill for an act relating
to employment; modifying prevailing hours of labor requirements; amending
Minnesota Statutes 2008, section 177.42, subdivision 4.
����� The bill was read for the first time and
referred to the Committee on Commerce and Labor.
MESSAGES FROM THE SENATE
����� The following messages were received from
the Senate:
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 653,
A bill for an act relating to elections; changing certain municipal precinct
and ward boundary procedures and requirements; amending Minnesota Statutes
2008, sections 204B.135, subdivisions 1, 3; 204B.14, subdivisions 3, 4; 205.84,
subdivisions 1, 2.
The Senate
has repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 655,
A bill for an act relating to elections; requiring an affidavit of candidacy to
state the candidate's residence address and telephone number; prohibiting
placement of a candidate on the ballot if residency requirements are not met;
amending Minnesota Statutes 2008, section 204B.06, subdivision 1.
The Senate
has repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 2668,
A bill for an act relating to landlord and tenant; modifying certain procedures
relating to expungement; providing procedures relating to the charging and
recovery of various fees; providing certain rights to tenants of foreclosed
properties; amending Minnesota Statutes 2008, sections 484.014, subdivision 3;
504B.111;
504B.173;
504B.178, subdivision 7; 504B.215, subdivision 4; 504B.271, subdivisions 1, 2;
504B.285, by adding subdivisions; 504B.291, subdivision 1; 504B.365,
subdivision 4; Minnesota Statutes 2009 Supplement, section 504B.285, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 504B.
The Senate
has repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
H. F. No. 3327,
A bill for an act relating to city and county employees; exempting employees of
a city-owned or county-owned hospital from certain reporting requirements; amending
Minnesota Statutes 2008, section 471.701.
The Senate
has repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said House File is
herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
�
Madam
Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
����� S. F. No. 2511.
����� The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2511
A bill for
an act relating to state government; establishing a collaborative governance
council; requiring reports; proposing coding for new law in Minnesota Statutes,
chapter 6.
May 4, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2511 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendments and that S. F. No. 2511 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1.� [6.81]
COLLABORATIVE GOVERNANCE COUNCIL.�
Subdivision
1.� Establishment; purpose; membership.� (a) A collaborative governance council
is established and shall include major statewide governmental entities and
nongovernmental statewide organizations as provided in this subdivision.� The council has nine members, including the
state auditor and one member appointed by and serving at the pleasure of each
of the following:
(1) League
of Minnesota Cities;
(2)
Minnesota Association of Townships;
(3)
Association of Minnesota Counties;
(4)
Minnesota School Board Association;
(5)
American Federation of State, County, and Municipal Employees Council 5;
(6)
Education Minnesota;
(7) Service
Employees International Union; and
(8) the
Minnesota Chamber of Commerce.
The
appointing authorities under this section shall complete their initial appointments
no later than July 1, 2010.
(b) The
council shall seek input from nonmember organizations whose expertise can help
inform the council's work.
(c) In
conjunction with the state auditor's duties to recommend best practices for
delivery of local government services, the state auditor shall serve as chair
of the council and shall convene the first meeting by July 31, 2010.� The council must meet at least quarterly and
must provide notice of its meetings to the public and to the members of the
legislative committees and divisions with jurisdiction over state and local
government, education policy and finance, and early childhood through grade 12
education policy and finance.� Meetings
of the council shall be open to the public.
(d) Members
do not receive compensation or reimbursement of expenses from the council for
service on the council.
Subd. 2.� Powers
and duties; report.� (a) The
council shall develop recommendations to the governor and the legislature
designed to increase collaboration in government.� These recommendations may include, but are
not limited to, strategies, policies, or other actions focused on the
following:
(1) the
review of statutes, laws, and rules that slow or prevent collaboration efforts;
(2) the use
of collaboration to improve the delivery of governmental services;
(3) the use
of technology to connect entities and share information, including broadband
access;
(4) the
modernization of financial transactions and their oversight by facilitating
credit and debit card transactions, electronic funds, transfers, and electronic
data interchange; and
(5) the
creation of model forms for joint power agreements.
(b) By
February 1 of each year, the council shall submit its recommendations,
including any draft legislation necessary to implement its recommendations, to
the governor and to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over state and local government
policy and finance and early childhood through grade 12 education policy and
finance.
Subd. 3.� Expiration.� This section expires June 30, 2015.
EFFECTIVE DATE.� This
section is effective June 1, 2010."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:�
Ann H. Rest, Claire Robling
and Sandy Rummel.
House Conferees:�
Marsha Swails, John Ward
and Carol McFarlane.
����� Swails moved that the report of the
Conference Committee on S. F. No. 2511 be adopted and that the
bill be repassed as amended by the Conference Committee.� ����������� The
motion prevailed.
����� S. F. No. 2511, as amended
by Conference, was read for the third time.
MOTION TO LAY ON THE TABLE
����� Zellers moved that
S. F. No. 2511, as amended by Conference, be laid on the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Zellers
motion and the roll was called.� There
were 44 yeas and 84 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
����� The motion did not prevail.
S. F. No. 2511,
A bill for an act relating to state government; establishing a collaborative
governance council; requiring reports; proposing coding for new law in
Minnesota Statutes, chapter 6.
����� The bill, as amended by Conference, was
placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 101 yeas and 26 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Loon
Mack
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
����� Those who voted in the negative were:
Anderson, B.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Drazkowski
Eastlund
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Magnus
Pelowski
Peppin
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Zellers
����� The bill was repassed, as amended by
Conference, and its title agreed to.
Madam
Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
����� S. F. No. 2846.
����� The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 2846
A bill for
an act relating to transportation; modifying provisions governing movement of
large vehicles on public streets and highways; making technical changes;
repealing certain rules related to motor carriers; amending Minnesota Statutes
2008, sections 169.801, subdivision 5; 169.823, as amended; 169.826, as
amended; 169.828, subdivision 1; 169.829; 169.851, subdivision 5; 169.86,
subdivisions 1a, 5; 169.862, subdivision 1; 169.863, subdivision 1; 169.864,
subdivision 4; 169.871, subdivisions 1, 1a, 1b; Minnesota Statutes 2009
Supplement, sections 169.801, subdivision 10; 169.81, subdivision 3; 169.824,
subdivisions 1, 2; 169.8261, subdivisions 1, 2; 169.85, subdivision 2; 169.862,
subdivision 2; 169.864, subdivision 2; 169.865, subdivision 1; 169.87,
subdivision 2; 221.025; 221.031, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 169; repealing Minnesota Statutes 2008, section
169.826, subdivision 6; Minnesota Rules, parts 7800.0100, subparts 4, 6, 7, 8,
11, 12, 13, 14; 7800.0200; 7800.0400; 7800.0800; 7800.0900; 7800.1000;
7800.3200, subpart 2; 7800.3300; 7805.0500; 7805.0900; 7805.1300; 8850.7950;
8850.8000; 8850.8050, subpart 2; 8850.8100; 8850.8250; 8850.8300; 8850.8350;
8850.8800; 8850.8850; 8850.9050, subpart 3; 8855.0410; 8855.0600; 8855.0850;
8920.0100; 8920.0150; 8920.0200; 8920.0300; 8920.0400; 8920.0500; 8920.0600;
8920.0700; 8920.0800; 8920.0900; 8920.1000; 8920.1100; 8920.1200; 8920.1300;
8920.1400; 8920.1500; 8920.1550; 8920.1600; 8920.1700; 8920.1800; 8920.1900;
8920.2000; 8920.2100; 8920.2200; 8920.2300; 8920.2400; 8920.2500; 8920.2600;
8920.2700; 8920.2800; 8920.2900; 8920.3000; 8920.3100; 8920.3200; 8920.3300;
8920.3400; 8920.3500; 8920.3600; 8920.3700; 8920.3800; 8920.3900; 8920.4000;
8920.4100; 8920.4200; 8920.4300; 8920.4400; 8920.4500.
May 4, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 2846 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendment and that S. F. No. 2846 be
further amended as follows:
Page 6,
line 7, delete the first "axle" and insert "axles"
Page 6,
line 9, after "rearmost" insert "axles of any"
and delete "groups" and insert "group"
We request the adoption of this report and repassage of the
bill.
Senate Conferees:�
Rod Skoe, Rick Olseen and Joe Gimse.
House Conferees:�
Melissa Hortman, Alice Hausman
and Mary Liz Holberg.
Hortman moved that the report of the Conference
Committee on S. F. No. 2846 be adopted and that the bill be
repassed as amended by the Conference Committee.
MOTION TO LAY ON THE TABLE
����� Kohls moved that the report of the
Conference Committee on S. F. No. 2846 be laid on the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Kohls motion
and the roll was called.� There were 42
yeas and 83 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Mahoney
Marquart
Masin
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
����� The motion did not prevail.
����� The question recurred on the Hortman
motion that the report of the Conference Committee on
S. F. No. 2846 be adopted and that the bill be repassed as
amended by the Conference Committee.� The
motion prevailed.
S. F. No. 2846,
A bill for an act relating to transportation; modifying provisions governing
movement of large vehicles on public streets and highways; making technical
changes; repealing certain rules related to motor carriers; amending Minnesota
Statutes 2008, sections 169.801, subdivision 5; 169.823, as amended; 169.826,
as amended; 169.828, subdivision 1; 169.829; 169.851, subdivision 5; 169.86,
subdivisions 1a, 5; 169.862, subdivision 1; 169.863, subdivision 1; 169.864,
subdivision 4; 169.871, subdivisions 1, 1a, 1b; Minnesota Statutes 2009 Supplement,
sections 169.801, subdivision 10; 169.81, subdivision 3; 169.824, subdivisions
1, 2; 169.8261, subdivisions 1, 2; 169.85, subdivision 2; 169.862, subdivision
2; 169.864, subdivision 2; 169.865, subdivision 1; 169.87, subdivision 2;
221.025; 221.031, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 169; repealing Minnesota Statutes 2008, section 169.826,
subdivision 6; Minnesota Rules, parts 7800.0100, subparts 4, 6, 7, 8, 11, 12,
13, 14; 7800.0200; 7800.0400; 7800.0800; 7800.0900; 7800.1000; 7800.3200,
subpart 2; 7800.3300; 7805.0500; 7805.0900; 7805.1300; 8850.7950; 8850.8000;
8850.8050, subpart 2; 8850.8100; 8850.8250; 8850.8300; 8850.8350; 8850.8800;
8850.8850; 8850.9050, subpart 3; 8855.0410; 8855.0600; 8855.0850; 8920.0100;
8920.0150; 8920.0200; 8920.0300; 8920.0400; 8920.0500; 8920.0600; 8920.0700;
8920.0800; 8920.0900; 8920.1000; 8920.1100; 8920.1200; 8920.1300; 8920.1400;
8920.1500; 8920.1550; 8920.1600; 8920.1700; 8920.1800; 8920.1900; 8920.2000;
8920.2100; 8920.2200; 8920.2300; 8920.2400; 8920.2500; 8920.2600; 8920.2700;
8920.2800; 8920.2900; 8920.3000; 8920.3100; 8920.3200; 8920.3300; 8920.3400;
8920.3500; 8920.3600; 8920.3700; 8920.3800; 8920.3900; 8920.4000; 8920.4100;
8920.4200; 8920.4300; 8920.4400; 8920.4500.
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 126 yeas and 2 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Westrom
Winkler
Zellers
����� Those who voted in the negative were:
Buesgens
Dean
����� The bill was repassed, as amended by
Conference, and its title agreed to.
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
����� S. F. No. 3128.
����� The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said Senate File
is herewith transmitted to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 3128
A bill for
an act relating to residential construction; providing for lead poisoning
prevention; amending the State Building Code; modifying licensing requirements;
amending Minnesota Statutes 2008, sections 326B.106, by adding subdivisions;
326B.805, by adding a subdivision.
May 4, 2010
The Honorable James P. Metzen
President of the Senate
The Honorable Margaret Anderson
Kelliher
Speaker of the House of
Representatives
We, the
undersigned conferees for S. F. No. 3128 report that we have
agreed upon the items in dispute and recommend as follows:
That the
House recede from its amendment and that S. F. No. 3128 be
further amended as follows:
Delete
everything after the enacting clause and insert:
"Section
1.� Minnesota Statutes 2008, section
326B.106, is amended by adding a subdivision to read:
Subd. 13.� Lead
certification.� When issuing
permits in compliance with the State Building Code to a residential building
contractor, residential remodeler, manufactured home installer, or residential
roofer licensed under section 326B.805, municipalities must verify lead
certification qualifications of the licensee required under subdivision 14 for
renovations performed on residential property constructed prior to 1978.� Municipalities may charge a surcharge for
verification of this certification under section 326B.815, subdivision 2.
EFFECTIVE DATE.� This
section is effective February 1, 2011.
Sec. 2.� Minnesota Statutes 2008, section 326B.106, is
amended by adding a subdivision to read:
Subd. 14.� Pre-1978
structures.� A residential
building contractor, residential remodeler, manufactured home installer, or
residential roofer licensed under section 326B.805 performing renovation as
defined by Code of Federal Regulations, title 40, section 745.83, on a
residential structure constructed prior to 1978 must be certified in accordance
with Code of Federal Regulations, title 40, section 745.89, unless the property
has been determined to meet an exemption under Code of Federal Regulations,
title 40, section 745.82.� Before
performing the renovations as defined by Code of Federal Regulations, title 40,
section 745.83, on a residential structure constructed prior to
1978, a
licensee working on the structure must be able to provide to the commissioner
information so that proof of certification can be obtained as required in this
subdivision.� The department shall
provide on its Web site a link to the United States Environmental Protection
Agency Web site for verification of certification of a licensee.
EFFECTIVE DATE.� This section
is effective February 1, 2011.
Sec. 3.� Minnesota Statutes 2008, section 326B.805, is
amended by adding a subdivision to read:
Subd. 1a.� Pre-1978
structures.� A licensee
performing renovation defined by Code of Federal Regulations, title 40, section
745.83, on a residential structure constructed prior to 1978 must comply with
section 326B.106, subdivision 14.
EFFECTIVE DATE.� This section
is effective February 1, 2011."
Delete the
title and insert:
"A bill
for an act relating to residential construction; providing for lead poisoning
prevention; amending the State Building Code; modifying licensing requirements
for firms and contractors performing work on certain structures where lead may
be present; amending Minnesota Statutes 2008, sections 326B.106, by adding
subdivisions; 326B.805, by adding a subdivision."
We request the adoption of this report and repassage of the
bill.
Senate Conferees:�
Kenneth Kelash, Chris Gerlach
and Jim Carlson.
House Conferees:�
Karen Clark, Jim Davnie
and Bob Gunther.
����� Clark moved that the report of the
Conference Committee on S. F. No. 3128 be adopted and that the
bill be repassed as amended by the Conference Committee.
MOTION TO ADJOURN
����� Buesgens moved that the House adjourn
until 9:00 a.m., Friday, May 7, 2010.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Buesgens
motion and the roll was called.� There
were 39 yeas and 89 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Westrom
Zellers
����� Those who
voted in the negative were:
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
����� The motion did not prevail.
����� The question recurred on the Clark motion
that the report of the Conference Committee on S. F. No. 3128 be
adopted and that the bill be repassed as amended by the Conference
Committee.� The motion prevailed.
S. F. No. 3128,
A bill for an act relating to residential construction; providing for lead
poisoning prevention; amending the State Building Code; modifying licensing
requirements; amending Minnesota Statutes 2008, sections 326B.106, by adding
subdivisions; 326B.805, by adding a subdivision.
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 91 yeas and 40 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Marquart
Masin
McNamara
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
����� Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� The bill was repassed, as amended by
Conference, and its title agreed to.
Madam
Speaker:�
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:�
����� H. F. No. 3106, A bill for
an act relating to public safety; amending first-degree driving while impaired
crime to include prior felony convictions from other states; modifying implied
consent, driving while impaired, and ignition interlock provisions; amending
Minnesota Statutes 2008, sections 169A.24, subdivision 1; 169A.52, subdivisions
3, 4; 169A.54, subdivisions 2, 5; 169A.55, by adding a subdivision; 169A.60,
subdivision 1; 171.09; 171.30, subdivisions 1, 2a, 4; 171.306, as amended;
609.131, subdivision 2; Minnesota Statutes 2009 Supplement, sections 169A.275,
subdivision 7; 169A.54, subdivision 1; repealing Minnesota Statutes 2008,
sections 169A.54, subdivision 11; 169A.55, subdivision 1; 171.30, subdivision
2c; 171.305, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Bigham moved that the House refuse to
concur in the Senate amendments to H. F. No. 3106, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.�
The motion prevailed.
Madam
Speaker:�
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:�
����� H. F. No. 2614, A bill for an act relating to
state government; licensing; state health care programs; continuing care;
children and family services; health reform; Department of Health; public
health; health plans; assessing administrative penalties; modifying foreign
operating corporation taxes; requiring reports; making supplemental and
contingent appropriations and reductions for the Departments of Health and
Human Services and other health-related boards and councils; amending Minnesota
Statutes 2008, sections 62D.08, by adding a subdivision; 62J.07, subdivision 2,
by adding a subdivision; 62J.38; 62J.692, subdivision 4; 62Q.19, subdivision 1;
62Q.76, subdivision 1; 62U.05; 119B.025, subdivision 1; 119B.09, subdivision 4;
119B.11, subdivision 1; 144.05, by adding a subdivision; 144.226, subdivision
3; 144.291, subdivision 2; 144.293, subdivision 4, by adding a subdivision;
144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51, subdivision
5; 144E.37; 214.40, subdivision 7; 245C.27, subdivision 2; 245C.28, subdivision
3; 246B.04, subdivision 2; 254B.01, subdivision 2; 254B.02, subdivisions 1, 5;
254B.03, subdivision 4, by adding a subdivision; 254B.05, subdivision 4;
254B.06, subdivision 2; 254B.09, subdivision 8; 256.01, by adding a subdivision;
256.9657, subdivision 3; 256B.04, subdivision 14;
256B.055, by adding a
subdivision; 256B.056, subdivisions 3, 4; 256B.057, subdivision 9; 256B.0625,
subdivisions 8, 8a, 8b, 18a, 22, 31, by adding subdivisions; 256B.0631,
subdivisions 1, 3; 256B.0644, as amended; 256B.0754, by adding a subdivision;
256B.0915, subdivision 3b; 256B.19, subdivision 1c; 256B.441, by adding a
subdivision; 256B.5012, by adding a subdivision; 256B.69, subdivisions 20, as
amended, 27, by adding subdivisions; 256B.692, subdivision 1; 256B.75; 256B.76,
subdivisions 2, 4, by adding a subdivision; 256D.03, subdivision 3b; 256D.0515;
256D.425, subdivision 2; 256I.05, by adding a subdivision; 256J.20, subdivision
3; 256J.24, subdivision 10; 256J.37, subdivision 3a; 256J.39, by adding subdivisions;
256L.02, subdivision 3; 256L.03, subdivision 3, by adding a subdivision;
256L.04, subdivision 7; 256L.05, by adding a subdivision; 256L.07, subdivision
1, by adding a subdivision; 256L.12, subdivisions 5, 6, 9; 256L.15, subdivision
1; 290.01, subdivision 5, by adding a subdivision; 290.17, subdivision 4;
326B.43, subdivision 2; 626.556, subdivision 10i; 626.557, subdivision 9d;
Minnesota Statutes 2009 Supplement, sections 62J.495, subdivisions 1a, 3, by
adding a subdivision; 157.16, subdivision 3; 245A.11, subdivision 7b; 245C.27,
subdivision 1; 246B.06, subdivision 6; 252.025, subdivision 7; 252.27,
subdivision 2a; 256.045, subdivision 3; 256.969, subdivision 3a; 256B.056,
subdivision 3c; 256B.0625, subdivisions 9, 13e; 256B.0653, subdivision 5;
256B.0911, subdivision 1a; 256B.0915, subdivision 3a; 256B.69, subdivisions 5a,
23; 256B.76, subdivision 1; 256B.766; 256D.03, subdivision 3, as amended;
256D.44, subdivision 5; 256J.425, subdivision 3; 256L.03, subdivision 5;
256L.11, subdivision 1; 289A.08, subdivision 3; 290.01, subdivisions 19c, 19d;
327.15, subdivision 3; Laws 2005, First Special Session chapter 4, article 8,
section 66, as amended; Laws 2009, chapter 79, article 3, section 18; article
5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision 5; article 8,
sections 2; 51; 81; article 13, sections 3, subdivisions 1, as amended, 3, as
amended, 4, as amended, 8, as amended; 5, subdivision 8, as amended; Laws 2009,
chapter 173, article 1, section 17; Laws 2010, chapter 200, article 1, sections
12, subdivisions 5, 6, 7, 8; 13, subdivision 1b; 16; 21; article 2, section 2,
subdivisions 1, 8; proposing coding for new law in Minnesota Statutes, chapters
62A; 62D; 62E; 62J; 62Q; 144; 245; 254B; 256; 256B; proposing coding for new
law as Minnesota Statutes, chapter 62V; repealing Minnesota Statutes 2008,
sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7; 256D.03,
subdivisions 3a, 3b, 5, 6, 7, 8; 290.01, subdivision 6b; 290.0921, subdivision
7; Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 3; Laws
2009, chapter 79, article 7, section 26, subdivision 3; Laws 2010, chapter 200,
article 1, sections 12, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Huntley moved that the House refuse to
concur in the Senate amendments to H. F. No. 2614, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.�
The motion prevailed.
Madam Speaker:
����� I
hereby announce the passage by the Senate of the following Senate Files,
herewith transmitted:
����� S. F. Nos. 2702,
3379 and 2900.
Colleen J. Pacheco, First Assistant Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2702,
A bill for an act relating to health; establishing licensure for birth centers;
appropriating money; amending Minnesota Statutes 2008, sections 62Q.19,
subdivision 1; 144.651, subdivision 2; 144A.51, subdivision 5; 256B.0625, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 144.
The bill was
read for the first time.�
Ruud moved
that S. F. No. 2702 and H. F. No. 3046, now on
the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 3379,
A bill for an act relating to public safety; appropriating money to match
federal disaster assistance made available through FEMA Public Assistance
Program.�
The bill was
read for the first time and referred to the Committee on Finance.
S. F. No. 2900,
A bill for an act relating to natural resources; modifying aquaculture
provisions; modifying disposal restrictions for certain livestock taken by wild
animals; modifying provisions for taking, possessing, and transporting wild
animals; modifying requirements for fish and wildlife management plans;
modifying game and fish provisions; modifying game and fish license
requirements and fees for youths; increasing certain fishing license fees;
modifying certain requirements for invasive species control; modifying certain
administrative accounts; modifying electronic transaction provisions; providing
for certain registration exemptions; modifying all-terrain vehicle definitions;
modifying all-terrain vehicle operation restrictions; modifying state trails
and canoe and boating routes; modifying fees and disposition of certain
receipts; modifying certain competitive bidding exemptions; modifying horse
trail pass provisions; modifying beaver dam provisions; modifying the Water
Law; modifying nongame wildlife check offs; modifying method of determining
value of acquired stream easements; providing for certain historic property
exemption; modifying adding to and deleting from state parks and state forests;
authorizing public and private sales, conveyances, and exchanges of certain
state land; providing exemptions from rulemaking and requiring rulemaking;
providing criminal penalties; appropriating money; amending Minnesota Statutes
2008, sections 17.4982, subdivision 12, by adding a subdivision; 17.4991,
subdivision 3; 17.4994; 35.82, subdivision 2; 84.025, subdivision 9; 84.027,
subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.82, subdivision 3,
by adding a subdivision; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by
adding a subdivision; 84.925, subdivision 1; 84.942, subdivision 1; 84D.03,
subdivision 3; 84D.13, subdivision 3; 85.012, subdivision 40; 85.015,
subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.43; 85.46, as
amended; 86B.101; 89.032, subdivision 2; 97A.015, subdivision 52, by adding a
subdivision; 97A.055, subdivision 4b; 97A.101, subdivision 3; 97A.145,
subdivision 2; 97A.311, subdivision 5; 97A.331, by adding subdivisions;
97A.420, subdivisions 2, 3, 4, 6, by adding a subdivision; 97A.421, subdivision
4a, by adding a subdivision; 97A.433, by adding a subdivision; 97A.435,
subdivision 1; 97A.445, subdivision 5; 97A.451, subdivision 3; 97A.475,
subdivisions 3a, 4, 43, 44; 97A.535, subdivision 2a; 97A.545, subdivision 5;
97B.015; 97B.020; 97B.021, subdivision 1; 97B.022, subdivision 2; 97B.031,
subdivision 5; 97B.045, by adding a subdivision; 97B.075; 97B.106, subdivision
1; 97B.211, subdivision 1; 97B.301, subdivisions 3, 6; 97B.325; 97B.405;
97B.515, by adding a subdivision; 97B.601, subdivision 4; 97B.665, subdivision
2; 97B.711, by adding a subdivision; 97B.803; 97C.005, subdivision 3; 97C.087,
subdivision 2; 97C.205; 97C.341; 103A.305; 103G.271, subdivision 3; 103G.285,
subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315,
subdivision 11; 103G.515, subdivision 5; 290.431; 290.432; Minnesota Statutes
2009 Supplement, sections 84.928, subdivision 1; 84.95, subdivision 2; 85.015,
subdivision 13; 86A.09, subdivision 1; 97A.075, subdivision 1; 97A.445,
subdivision 1a; 97A.451, subdivision 2; 97A.475, subdivisions 2, 3; 97B.055,
subdivision 3; 97C.395, subdivision 1; 103G.201; Laws 2008, chapter 368,
article 1, section 34, as amended; Laws 2009, chapter 176, article 4, section
9; proposing coding for new law in Minnesota Statutes, chapters 17; 84D; 85;
97B; 97C; 103G; repealing Minnesota Statutes 2008, sections 84.02, subdivisions
1, 2, 3, 4, 5, 6, 7, 8; 84.942, subdivisions 2, 3, 4; 97A.435, subdivision 5;
97A.451, subdivisions 3a, 4; 97A.485, subdivision 12; 97B.022, subdivision 1;
97B.511; 97B.515, subdivision 3; 97B.665, subdivision 1; 97C.346; 103G.295;
103G.650; Minnesota Statutes 2009 Supplement, sections 3.3006; 84.02,
subdivisions 4a, 6a, 6b; Laws 2009, chapter 172, article 5, section 8.
The bill was
read for the first time.�
Dill moved
that S. F. No. 2900 and H. F. No. 3124, now on
the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
CALENDAR FOR THE DAY
����� S. F. No. 1886 was reported
to the House.
Sterner moved
to amend S. F. No. 1886, the second engrossment, as follows:
Page 1, line
8, delete "A residential building"
Page 1,
delete line 9
Page 1,
delete line 10 and insert "A residential contractor providing
residential roofing"
Page 1, line
12, delete the comma
Page 1,
lines 13, 15, and 16, delete "roofer" and insert "contractor"
Page 1,
after line 15, insert:�
"For
purposes of this section, "residential contractor" means a
residential roofer, as defined in section 326B.802, subdivision 14, a
residential contractor, as defined in section 326B.802, subdivision 11, and a
residential remodeler, as defined in section 326B.802, subdivision 12."
Page 1, line
23, delete "residential roofer" and insert "contractor"
and after "provide" insert "residential roofing"
Page 2,
lines 2, 13, and 25, delete "48" and insert "72"
Page 2,
lines 4, 10, 24, 28, and 35, delete "residential roofer" and
insert "contractor"
Page 2, line
5, delete "residential"
Page 2, line
6, delete "roofer" and insert "contractor"
Page 2, line
25, delete "residential roofer's" and insert "contractor's"
Page 3, line
1, delete "residential roofer" and insert "contractor"
and delete "residential"
Page 3, line
2, delete "roofer" and insert "contractor"
Page 3,
after line 2, insert:
"Subd. 4.� Definition.� For the purposes of this section,
"contractor" means a residential building contractor who is providing
roofing services, a residential remodeler who is providing roofing services, or
a residential roofer."
����� The motion prevailed and the amendment was
adopted.
����� S. F. No. 1886, A bill for
an act relating to commerce; regulating contracts and insurance claims for
residential roofing goods and services; proposing coding for new law in
Minnesota Statutes, chapters 325E; 326B.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of the bill and the roll
was called.� There were 122 yeas and 9
nays as follows:
����� Those who
voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doty
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
����� Those who
voted in the negative were:
Anderson, B.
Brod
Buesgens
Demmer
Doepke
Downey
Drazkowski
Hackbarth
Shimanski
����� The bill was passed, as amended, and its title agreed to.
����� S. F. No. 2971 was reported to the House.
����� Hilty moved to amend S. F. No. 2971, the third
engrossment, as follows:
����� Delete everything after the enacting clause and insert the
following language of H. F. No. 3009, the first engrossment:
"Section 1.� Minnesota Statutes 2008, section 16E.15,
subdivision 2, is amended to read:
Subd. 2.� Software
sale fund.� (a) Except as provided in
paragraphs paragraph (b) and (c), proceeds of the sale or
licensing of software products or services by the chief information officer
must be credited to the enterprise technology revolving fund.� If a state agency other than the Office of
Enterprise Technology has contributed to the development of software sold or
licensed under this section, the chief information officer may reimburse the
agency by discounting computer services provided to that agency.
(b) Proceeds of the sale or
licensing of software products or services developed by the Pollution Control
Agency, or custom developed by a vendor for the agency, must be credited to the
environmental fund.
(c) Proceeds of the sale or licensing of software products or
services developed by the Department of Education, or custom developed by a
vendor for the agency, to support the achieved savings assessment program, must
be appropriated to the commissioner of education and credited to the
weatherization program to support weatherization activities.
Sec. 2.� Minnesota
Statutes 2008, section 216B.241, subdivision 2, is amended to read:
Subd. 2.� Programs.�
(a) The commissioner may require public utilities to make
investments and expenditures in energy conservation improvements, explicitly
setting forth the interest rates, prices, and terms under which the
improvements must be offered to the customers.�
The required programs must cover no more than a three-year period.� Public utilities shall file conservation
improvement plans by June 1, on a schedule determined by order of the
commissioner, but at least every three years.�
Plans received by a public utility by June 1 must be approved or
approved as modified by the commissioner by December 1 of that same year.� The commissioner shall evaluate the program
on the basis of cost-effectiveness and the reliability of technologies employed.� The commissioner's order must provide to the
extent practicable for a free choice, by consumers participating in the
program, of the device, method, material, or project constituting the energy
conservation improvement and for a free choice of the seller, installer, or
contractor of the energy conservation improvement, provided that the device,
method, material, or project seller, installer, or contractor is duly licensed,
certified, approved, or qualified, including under the residential conservation
services program, where applicable.
(b) The commissioner may require a utility to make an energy
conservation improvement investment or expenditure whenever the commissioner
finds that the improvement will result in energy savings at a total cost to the
utility less than the cost to the utility to produce or purchase an equivalent
amount of new supply of energy.� The
commissioner shall nevertheless ensure that every public utility operate one or
more programs under periodic review by the department.
(c) Each public utility subject to subdivision 1a may spend
and invest annually up to ten percent of the total amount required to be spent
and invested on energy conservation improvements under this section by the
utility on research and development projects that meet the definition of energy
conservation improvement in subdivision 1 and that are funded directly by the
public utility.
(d) A public utility may not spend for or invest in energy
conservation improvements that directly benefit a large energy facility or a
large electric customer facility for which the commissioner has issued an
exemption pursuant to subdivision 1a, paragraph (b).� The commissioner shall consider and may
require a utility to undertake a program suggested by an outside source,
including a political subdivision, a nonprofit corporation, or community
organization.
(e) A utility, a political subdivision, or a nonprofit or
community organization that has suggested a program, the attorney general
acting on behalf of consumers and small business interests, or a utility
customer that has suggested a program and is not represented by the attorney
general under section 8.33 may petition the commission to modify or revoke a
department decision under this section, and the commission may do so if it
determines that the program is not cost-effective, does not adequately address
the residential conservation improvement needs of low-income persons, has a
long-range negative effect on one or more classes of customers, or is otherwise
not in the public interest.� The
commission shall reject a petition that, on its face, fails to make a
reasonable argument that a program is not in the public interest.
(f) The commissioner may order a public utility to include,
with the filing of the utility's proposed conservation improvement plan
under paragraph (a) annual status report, the results of an
independent audit of all or a selection of the utility's conservation
improvement programs and expenditures performed by the department or an auditor
with experience in the provision of energy conservation and energy efficiency
services approved by the commissioner and chosen by the utility.� The audit must specify the energy savings or
increased efficiency in the use of energy within the service territory of the
utility that is the result of the spending and investments.� The audit must evaluate the
cost-effectiveness of the utility's conservation programs.
Sec. 3.� Minnesota
Statutes 2008, section 216B.812, subdivision 2, is amended to read:
Subd. 2.� Pilot projects.� (a) In consultation with appropriate
representatives from state agencies, local governments, universities,
businesses, and other interested parties, the Department of Commerce shall report
back to the legislature by November 1, 2005, and every two years thereafter,
with develop a slate of proposed pilot projects that contribute to
realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109.� The Department of Commerce must consider the
following nonexclusive list of priorities in developing the proposed slate of
pilot projects:
(1) deploy "bridge" technologies such as
hybrid-electric, off-road, and fleet vehicles running on hydrogen or fuels
blended with hydrogen;
(2) lead to cost-competitive, on-site renewable hydrogen
production technologies;
(3) demonstrate nonvehicle applications for hydrogen;
(4) improve the cost and efficiency of hydrogen from renewable
energy sources; and
(5) improve the cost and efficiency of hydrogen production
using direct solar energy without electricity generation as an intermediate
step.
(b) For deployment projects that do not involve a
demonstration component, individual system components of the technology should,
if feasible, meet commercial performance standards and systems modeling must be
completed to predict commercial performance, risk, and synergies.� In addition, the proposed pilots should meet
as many of the following criteria as possible:
(1) advance energy security;
(2) capitalize on the state's native resources;
(3) result in economically competitive infrastructure being
put in place;
(4) be located where it will link well with existing and
related projects and be accessible to the public, now or in the future;
(5) demonstrate multiple, integrated aspects of renewable
hydrogen infrastructure;
(6) include an explicit public education and awareness
component;
(7) be scalable to respond to changing circumstances and
market demands;
(8) draw on firms and expertise within the state where
possible;
(9) include an assessment of its economic, environmental, and
social impact; and
(10) serve other needs beyond hydrogen development.
Sec. 4.� Minnesota
Statutes 2008, section 216C.264, is amended to read:
216C.264 COORDINATING
RESIDENTIAL WEATHERIZATION PROGRAMS.�
Subdivision 1.� Agency designation.� The department is the state agency to
apply for, receive, and disburse money made available to the state by federal
law for the purpose of weatherizing the residences of low-income persons.� The commissioner must coordinate available
federal money with state money appropriated for this purpose.
Subd. 2.� Grants.�
The commissioner must make grants of federal and state money to
community action agencies and other public or private nonprofit agencies for
the purpose of weatherizing the residences of low-income persons.� Grant applications must be submitted in
accordance with rules promulgated by the commissioner.
Subd. 3.� Benefits of weatherization.� In the case of any grant made to an owner
of a rental dwelling unit for weatherization, the commissioner must require
that (1) the benefits of weatherization assistance in connection with the
dwelling unit accrue primarily to the low-income family that resides in the
unit; (2) the rents on the dwelling unit will not be raised because of any
increase in value due solely to the weatherization assistance; and (3) no undue
or excessive enhancement will occur to the value of the dwelling unit.
Subd. 4.� Rules.�
The commissioner must promulgate rules that describe procedures for
the administration of grants, data to be reported by grant recipients, and
compliance with relevant federal regulations.�
The commissioner must require that a rental unit weatherized under this
section be rented to a household meeting the income limits of the program for
24 of the 36 months after weatherization is complete.� In applying this restriction to multiunit
buildings weatherized under this section, the commissioner must require that occupancy
continue to reflect the proportion of eligible households in the building at
the time of weatherization.
Subd. 5.� Grant allocation.� The commissioner must distribute
supplementary state grants in a manner consistent with the goal of producing
the maximum number of weatherized units.�
Supplementary state grants are provided primarily for the payment of
additional labor costs for the federal weatherization program, and as an
incentive for the increased production of weatherized units.
Criteria for the allocation of state grants to local agencies
include existing local agency production levels, emergency needs, and the
potential for maintaining or increasing acceptable levels of production in the
area.
An eligible local agency may receive advance funding for 90
days' production, but thereafter must receive grants solely on the basis of
program criteria.
Subd. 6.� Eligibility criteria.� To the extent allowed by federal
regulations, the commissioner must ensure that the same income eligibility
criteria apply to both the weatherization program and the energy assistance
program.
Sec. 5.� Minnesota
Statutes 2008, section 216E.18, subdivision 3, is amended to read:
Subd. 3.� Funding; assessment.� The commission shall finance its baseline
studies, general environmental studies, development of criteria, inventory
preparation, monitoring of conditions placed on site and route permits, and all
other work, other than specific site and route designation, from an assessment
made quarterly, at least 30 days before the start of each quarter, by the
commission against all utilities with annual retail kilowatt-hour sales greater
than 4,000,000 kilowatt-hours in the previous calendar year.
Each share shall be determined as follows:� (1) the ratio that the annual retail
kilowatt-hour sales in the state of each utility bears to the annual total
retail kilowatt-hour sales in the state of all these utilities, multiplied by
0.667, plus (2) the ratio that the annual gross revenue from retail
kilowatt-hour sales in the state of each utility bears to the annual total
gross revenues from retail kilowatt-hour sales in the state of all these
utilities, multiplied by 0.333, as determined by the commission.� The assessment shall be credited to the
special revenue fund and shall be paid to the state treasury within 30 days
after receipt of the bill, which shall constitute notice of said assessment and
demand of payment thereof.� The total
amount which may be assessed to the several utilities under authority of this
subdivision shall not exceed the sum of the annual budget of the commission for
carrying out the purposes of this subdivision.�
The assessment for the second third quarter of each fiscal
year shall be adjusted to compensate for the amount by which actual
expenditures by the commission for the preceding fiscal year were more or less
than the estimated expenditures previously assessed.
Sec. 6.� Minnesota
Statutes 2008, section 326B.106, subdivision 12, is amended to read:
Subd. 12.� Separate metering for electric service.� The standards concerning heat loss,
illumination, and climate control adopted pursuant to subdivision 1, shall
require that electrical service to individual dwelling units in buildings
containing two or more units be separately metered, with individual metering
readily accessible to the individual occupants.�
The standards authorized by this subdivision shall only apply to
buildings constructed after the effective date of the amended standards.� Buildings intended for occupancy primarily by
persons who are 62 years of age or older or disabled, supportive housing, oder
which buildings that contain a majority of units not equipped
with complete kitchen facilities, shall be exempt from the provisions of this
subdivision.� For purposes of this
section, "supportive housing" means housing made available to
individuals and families with multiple barriers to obtaining and maintaining
housing, including those who are formerly homeless or at risk of homelessness
and those who have a mental illness, substance abuse disorder, debilitating
disease, or a combination of these conditions.
Sec. 7.� REPEALER.�
Minnesota Statutes 2008, sections 216C.19, subdivisions 2, 3,
13, 14, 15, 16, 18, 19, and 20; and 216C.262, are repealed.
Minnesota Statutes 2009 Supplement, section 216C.19,
subdivision 17, is repealed."
����� Delete the title and insert:
����� "A bill for an act relating to
energy; making technical changes related to utility report filings, hydrogen
energy projects, weatherization programs, public utility commission assessments,
and utility metering for supporting housing; removing obsolete and redundant
language; amending Minnesota Statutes 2008, sections 16E.15, subdivision 2;
216B.241, subdivision 2; 216B.812, subdivision 2; 216C.264; 216E.18,
subdivision 3; 326B.106, subdivision 12; repealing Minnesota Statutes 2008,
sections 216C.19, subdivisions 2, 3, 13, 14, 15, 16, 18, 19, 20; 216C.262;
Minnesota Statutes 2009 Supplement, section 216C.19, subdivision 17."
����� The motion prevailed and the amendment was
adopted.
Hilty, Faust,
Norton and Obermueller moved to amend S. F. No. 2971, the third
engrossment, as amended, as follows:
Page 4,
after line 11, insert:
"Sec. 4.� [216B.1695]
NUCLEAR POWER PLANT; COST RECOVERY.�
(a) The
commission may not allow any of the following costs attributable to the
construction of a nuclear generating plant begun after July 1, 2010, to be
recovered from Minnesota ratepayers until the plant begins operating at a
monthly load capacity factor of at least 85 percent:
(1)
planning, design, safety, environmental, or engineering studies undertaken
prior to construction; or
(2) the
costs of obtaining regulatory approval, including permits, licenses and any
other approval required prior to construction from federal, state and local
authorities.
(b) The
commission may not allow any of the following costs attributable to the
construction of a nuclear generating plant begun after July 1, 2010, to be
recovered from Minnesota ratepayers:
(1) any
construction costs exceeding the projected construction cost of the generating
plant and any ancillary facility constructed by the utility to temporarily or
permanently store nuclear waste generated by the plant, as identified in the
utility's certificate of need application submitted under section 216B.243;
(2) the
costs of insuring the plant against accidents that exceed the cost of insurance
for a fossil fuel plant of equivalent capacity; or
(3)
contributions from the plant to provide and maintain local fire protection and
emergency services to the plant in case of an accident.
(c) Except
for regulatory costs of state agencies, no revenues from taxes or fees imposed
by the state of Minnesota may be used to pay for any portion of the
preconstruction, construction, maintenance, or operating costs of a nuclear generating
plant, or to assume any financial risk associated with an accidental release of
radioactivity from the generating plant or an ancillary facility constructed by
the utility that owns the generating plant to temporarily or permanently store
nuclear waste generated by the plant.
Sec. 5.� Minnesota Statutes 2008, section 216B.243,
subdivision 3b, is amended to read:
Subd. 3b.� Nuclear
power plant; new construction prohibited; relicensing.� (a) The commission may not issue a
certificate of need for the construction of a new nuclear-powered
electric generating plant provided that the certificate of need application
contains a separate estimate of preconstruction and construction costs that
does not include any of the costs identified in section 216B.1695, paragraphs
(a) and (b).
(b) Any
certificate of need for additional storage of spent nuclear fuel for a facility
seeking a license extension shall address the impacts of continued operations
over the period for which approval is sought."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� Lesch was excused between the hours of
3:55 p.m. and 6:05 p.m.
Brod moved
to amend the Hilty et al amendment to S. F. No. 2971, the third
engrossment, as amended, as follows:
����� Page 1, line 5, delete "not"
����� Page 1, line 13, delete "not"
����� Page 1, line 24, after "regulatory"
insert "and public safety"
����� Page 2, line 7, delete "does not
include" and insert "includes"
����� A roll call was requested and properly
seconded.
CALL OF THE HOUSE
����� On the motion of Gunther and on the demand
of 10 members, a call of the House was ordered.�
The following members answered to their names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
����� Morrow moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees.� The motion prevailed
and it was so ordered.
����� Zellers was excused between the hours of
4:15 p.m. and 4:30 p.m.
����� The question recurred on the Brod amendment
to the Hilty et al amendment and the roll was called.� There were 53 yeas and 78 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Downey
Drazkowski
Eastlund
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Juhnke
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
Magnus
Mahoney
McFarlane
McNamara
Murdock
Nornes
Norton
Olin
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dittrich
Eken
Falk
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment to the amendment was not adopted.
Peppin moved
to amend the Hilty et al amendment to S. F. No. 2971, the third
engrossment, as amended, as follows:
����� Page 2, lines 6 to 8, delete the new
language
����� The motion did not prevail and the
amendment to the amendment was not adopted.
����� The question recurred on the Hilty et al
amendment and the roll was called.� There
were 73 yeas and 59 nays as follows:
����� Those who voted in the affirmative were:
Anderson, P.
Atkins
Beard
Benson
Bigham
Bly
Brown
Bunn
Carlson
Davids
Demmer
Dettmer
Dill
Dittrich
Doty
Downey
Eken
Faust
Fritz
Gardner
Garofalo
Gottwalt
Haws
Hilstrom
Hilty
Hosch
Huntley
Jackson
Johnson
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Lanning
Lillie
Mack
Marquart
Masin
Morgan
Morrow
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Seifert
Sertich
Severson
Shimanski
Slawik
Solberg
Swails
Thao
Thissen
Tillberry
Urdahl
Ward
Welti
����� Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, S.
Anzelc
Brod
Brynaert
Buesgens
Champion
Clark
Cornish
Davnie
Dean
Doepke
Drazkowski
Eastlund
Falk
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Hayden
Holberg
Hoppe
Hornstein
Hortman
Howes
Kahn
Kohls
Laine
Lenczewski
Liebling
Lieder
Loeffler
Loon
Magnus
Mahoney
Mariani
McFarlane
McNamara
Mullery
Murdock
Murphy, E.
Newton
Nornes
Paymar
Peppin
Scott
Simon
Slocum
Smith
Sterner
Torkelson
Wagenius
Westrom
Winkler
Zellers
Spk. Kelliher
����� The motion prevailed and the amendment was
adopted.
CALL OF THE HOUSE LIFTED
����� Morrow moved that the call of the House be
lifted.� The motion prevailed and it was
so ordered.
Koenen,
Eken, Lieder, Dill, Olin, Westrom, Otremba, Beard and Juhnke moved to amend S. F. No. 2971,
the third engrossment, as amended, as follows:
Page 6,
after line 2, insert:
"Sec. 6.� Minnesota Statutes 2008, section 216H.03, is
amended to read:
216H.03 FAILURE TO ADOPT GREENHOUSE GAS CONTROL PLAN.�
Subdivision
1.� Definition;
new large energy facility.� For the
purpose of this section, "new large energy facility" means a large
energy facility, as defined in section 216B.2421, subdivision 2, clause (1),
that is not in operation as of January 1, 2007, but does not include a facility
that (1) uses natural gas as a primary fuel, (2) is designed to provide
peaking, intermediate, emergency backup, or contingency services, (3) uses a
simple cycle or combined cycle turbine technology, and (4) is capable of
achieving full load operations within 45 minutes of startup for a simple cycle
facility, or is capable of achieving minimum load operations within 185 minutes
of startup for a combined cycle facility.
Subd. 2.� Definition;
statewide power sector carbon dioxide emissions.� For the purpose of this section,
"statewide power sector carbon dioxide emissions" means the total
annual emissions of carbon dioxide from the generation of electricity within
the state and all emissions of carbon dioxide from the generation of
electricity imported from outside the state and consumed in Minnesota.� Emissions of carbon dioxide associated with
transmission and distribution line losses are included in this definition.� Carbon dioxide that is injected into
geological formations to prevent its release to the atmosphere in compliance
with applicable laws, and emissions of carbon dioxide associated with the
combustion of biomass, as defined in section 216B.2411, subdivision 2,
paragraph (c), clauses (1) to (4), are not counted as contributing to statewide
power sector carbon dioxide emissions.
Subd. 3.� Long-term
increased emissions from power plants prohibited.� Unless preempted by federal law, until a
comprehensive and enforceable state law or rule pertaining to greenhouse gases
that directly limits and substantially reduces, over time, statewide power
sector carbon dioxide emissions is enacted and in effect, and except as allowed
in subdivisions 4 to 7, on and after August 1, 2009, no person shall:
(1) construct
within the state a new large energy facility that would contribute to statewide
power sector carbon dioxide emissions;.�
(2) import
or commit to import from outside the state power from a new large energy
facility that would contribute to statewide power sector carbon dioxide
emissions; or
(3) enter
into a new long-term power purchase agreement that would increase statewide
power sector carbon dioxide emissions.� For
purposes of this section, a long-term power purchase agreement means an
agreement to purchase 50 megawatts of capacity or more for a term exceeding
five years.
Subd. 4.� Exception
for facilities that offset emissions.� (a)
The prohibitions prohibition in subdivision 3 do does
not apply if the project proponent demonstrates to the Public Utilities
Commission's satisfaction that it will offset the new contribution to statewide
power sector carbon dioxide emissions with a carbon dioxide reduction project
identified in paragraph (b) and in compliance with paragraph (c).
(b) A
project proponent may offset in an amount equal to or greater than the proposed
new contribution to statewide power sector carbon dioxide emissions in either,
or a combination of both, of the following ways:
(1) by
reducing an existing facility's contribution to statewide power sector carbon
dioxide emissions; or
(2) by
purchasing carbon dioxide allowances from a state or group of states that has a
carbon dioxide cap and trade system in place that produces verifiable emissions
reductions.
(c) The
Public Utilities Commission shall not find that a proposed carbon dioxide reduction
project identified in paragraph (b) acceptably offsets a new contribution to
statewide power sector carbon dioxide emissions unless the proposed offsets are
permanent, quantifiable, verifiable, enforceable, and would not have otherwise
occurred. �This section does not exempt
emissions that have been offset under this subdivision and emissions exempted
under subdivisions 5 to 7 from a cap and trade system if adopted by the state.
Subd. 5.� Exception
for new steel production facility.� The
prohibitions prohibition in subdivision 3 do does
not apply to increases in statewide power sector carbon dioxide emissions from
a new steel production project located in a taconite relief area that has filed
an application for an air quality permit from the Pollution Control Agency
prior to January 1, 2007.
Subd. 6.� Exception
for iron nugget production facility.� The
prohibitions prohibition in subdivision 3 do does
not apply to an iron nugget production facility that began construction prior
to January 31, 2007, nor to associated mining activities and beneficiation
facilities with a concentrate capacity of up to three million tons annually.� For the purposes of this subdivision,
"iron nugget" means a product with at least 90 percent iron content.
Subd. 7.� Other
exemptions.� The prohibitions prohibition
in subdivision 3 do does not apply to:
(1) a new
large energy facility under consideration by the Public Utilities Commission
pursuant to proposals or applications filed with the Public Utilities
Commission before April 1, 2007, or to any power purchase agreement related to
a facility described in this clause.� The
exclusion of pending proposals and applications from the prohibitions in
subdivision 3 does not limit the applicability of any other law and is not an
expression of legislative intent regarding whether any pending proposal or
application should be approved or denied;
(2) a
contract not subject to commission approval that was entered into prior to
April 1, 2007, to purchase power from a new large energy facility that was
approved by a comparable authority in another state prior to that date, for
which municipal or public power district bonds have been issued, and on which
construction has begun; or
(3) a new
large energy facility or a power purchase agreement between a Minnesota utility
and a new large energy facility located outside Minnesota that the Public
Utilities Commission has determined is essential to ensure the long-term
reliability of Minnesota's electric system, to allow electric service for increased
industrial demand, or to avoid placing a substantial financial burden on
Minnesota ratepayers.� An order of the
commission granting an exemption under this clause is stayed until the June 1
following the next regular or annual session of the legislature that begins
after the date of the commission's final order.
Subd. 8.� Enforcement.� Whenever the commission or the Department
of Commerce determines that any person is violating or about to violate this
section, it may refer the matter to the attorney general who shall take
appropriate legal action.� This section
may be enforced by the attorney general on the same basis as a law listed in
section 8.31, subdivision 1, except that the remedies provided by section 8.31,
subdivision 3a, do not apply to a violation of this section."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion did not prevail and the
amendment was not adopted.
Hackbarth,
Seifert, Nornes, Severson, Beard, Urdahl, Peppin, Zellers, Sanders, Westrom and
Drazkowski moved to amend S. F. No. 2971, the third engrossment,
as amended, as follows:
Page 6,
delete section 7, and insert:
"Sec. 7.� REPEALER.�
(a)
Minnesota Statutes 2008, sections 216C.19, subdivisions 2, 3, 13, 14, 15, 16,
18, 19, and 20; 216C.262; 216H.03; and 216H.06, are repealed.
(b)
Minnesota Statutes 2009 Supplement, section 216C.19, subdivision 17, is
repealed."
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
CALL OF THE HOUSE
����� On the motion of Hackbarth and on the
demand of 10 members, a call of the House was ordered.� The following members answered to their
names:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Spk. Kelliher
����� Sertich moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees.� The motion prevailed
and it was so ordered.
����� The question recurred on the Hackbarth et
al amendment and the roll was called.�
There were 58 yeas and 74 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Juhnke
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lieder
Loon
Mack
Magnus
Marquart
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dittrich
Falk
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Kahn
Kalin
Knuth
Laine
Lenczewski
Liebling
Lillie
Loeffler
Mahoney
Mariani
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
CALL OF THE HOUSE LIFTED
����� Sertich moved that the call of the House
be lifted.� The motion prevailed and it
was so ordered.
����� Kohls moved that the House recess.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Kohls motion
and the roll was called.� There were 45
yeas and 81 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Atkins
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Liebling
Lieder
Loeffler
Mahoney
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Persell
Peterson
Poppe
Reinert
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail.
Kelly and
Drazkowski moved to amend S. F. No. 2971, the third engrossment,
as amended, as follows:
Page 3,
after line 15, insert:
"Sec. 3.� Minnesota Statutes 2008, section 216B.1691,
subdivision 2b, is amended to read:
Subd. 2b.� Modification
or delay of standard.� (a) The
commission shall modify or delay the implementation of a standard obligation,
in whole or in part, if the commission determines it is in the public interest
to do so.� The commission, when requested
to modify or delay implementation of a standard, must consider:
(1) the
impact of implementing the standard on its customers' utility costs, including
the economic and competitive pressure on the utility's customers;
(2) the
effects of implementing the standard on the reliability of the electric system;
(3)
technical advances or technical concerns;
(4) delays
in acquiring sites or routes due to rejection or delays of necessary siting or
other permitting approvals;
(5) the
availability of suitable sites for the location of eligible energy technology
facilities, considering local land use restrictions;
(6) delays,
cancellations, or nondelivery of necessary equipment for construction or
commercial operation of an eligible energy technology facility;
(6) (7)
transmission constraints preventing delivery of service; and
(7) (8) other
statutory obligations imposed on the commission or a utility.
The
commission may modify or delay implementation of a standard obligation under
clauses (1) to (3) only if it finds implementation would cause significant rate
impact, requires significant measures to address reliability, or raises
significant technical issues.� The
commission may modify or delay implementation of a standard obligation under
clauses (4) to (6) only if it finds that the circumstances described in those
clauses were due to circumstances beyond an electric utility's control and make
compliance not feasible.
(b) When considering whether
to delay or modify implementation of a standard obligation, the commission must
give due consideration to a preference for electric generation through use of
eligible energy technology and to the achievement of the standards set by this
section.
(c) An electric utility
requesting a modification or delay in the implementation of a standard must
file a plan to comply with its standard obligation in the same proceeding that
it is requesting the delay.
EFFECTIVE DATE.� This section is effective the day following final enactment."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� The motion prevailed and the amendment was adopted.
����� Urdahl, Emmer and Westrom offered an amendment to
S. F. No. 2971, the third engrossment, as amended.
POINT OF ORDER
����� Hilty raised a point of order pursuant to rule 3.21 that the
Urdahl et al amendment was not in order.
CALL OF THE HOUSE
����� On the motion of Severson and on the demand of 10 members, a
call of the House was ordered.� The following
members answered to their names:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hackbarth
Hamilton
Hausman
Haws
Hilty
Holberg
Hornstein
Hosch
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Loon
Mack
Mahoney
Mariani
Masin
McFarlane
McNamara
Morrow
Murdock
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Peppin
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Severson
Slawik
Slocum
Smith
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Ward
Welti
Zellers
Spk. Kelliher
����� Morrow moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees.� The motion prevailed and it
was so ordered.
����� Speaker pro tempore Thissen ruled the Hilty point of order well
taken and the Urdahl et al amendment out of order.
CALL OF THE HOUSE LIFTED
����� Morrow moved that the call of the House be
lifted.� The motion prevailed and it was
so ordered.
Westrom moved
to amend S. F. No. 2971, the third engrossment, as amended, as
follows:
Page 6,
after line 2, insert:
"Sec. 6.� Minnesota Statutes 2008, section 216H.03, is
amended to read:
216H.03 FAILURE TO ADOPT GREENHOUSE GAS CONTROL PLAN.�
Subdivision
1.� Definition;
new large energy facility.� For the
purpose of this section, "new large energy facility" means a large
energy facility, as defined in section 216B.2421, subdivision 2, clause (1),
that is not in operation as of January 1, 2007, but does not include a facility
that (1) uses natural gas as a primary fuel, (2) is designed to provide
peaking, intermediate, emergency backup, or contingency services, (3) uses a
simple cycle or combined cycle turbine technology, and (4) is capable of
achieving full load operations within 45 minutes of startup for a simple cycle
facility, or is capable of achieving minimum load operations within 185 minutes
of startup for a combined cycle facility.
Subd. 2.� Definition;
statewide power sector carbon dioxide emissions.� For the purpose of this section,
"statewide power sector carbon dioxide emissions" means the total annual
emissions of carbon dioxide from the generation of electricity within the state
and all emissions of carbon dioxide from the generation of electricity imported
from outside the state and consumed in Minnesota.� Emissions of carbon dioxide associated with
transmission and distribution line losses are included in this definition.� Carbon dioxide that is injected into
geological formations to prevent its release to the atmosphere in compliance
with applicable laws, and emissions of carbon dioxide associated with the
combustion of biomass, as defined in section 216B.2411, subdivision 2,
paragraph (c), clauses (1) to (4), are not counted as contributing to statewide
power sector carbon dioxide emissions.
Subd. 3.� Long-term
increased emissions from power plants prohibited.� Unless preempted by federal law, until a
comprehensive and enforceable state law or rule pertaining to greenhouse gases
that directly limits and substantially reduces, over time, statewide power
sector carbon dioxide emissions is enacted and in effect, and except as allowed
in subdivisions 4 to 7, on and after August 1, 2009, no person shall:
(1) construct
within the state a new large energy facility that would contribute to statewide
power sector carbon dioxide emissions;.�
(2) import or
commit to import from outside the state power from a new large energy facility
that would contribute to statewide power sector carbon dioxide emissions; or
(3) enter
into a new long-term power purchase agreement that would increase statewide
power sector carbon dioxide emissions.� For
purposes of this section, a long-term power purchase agreement means an
agreement to purchase 50 megawatts of capacity or more for a term exceeding
five years.
Subd. 4.� Exception
for facilities that offset emissions.� (a)
The prohibitions prohibition in subdivision 3 do does
not apply if the project proponent demonstrates to the Public Utilities
Commission's satisfaction that it will offset the new contribution to statewide
power sector carbon dioxide emissions with a carbon dioxide reduction project
identified in paragraph (b) and in compliance with paragraph (c).
(b) A
project proponent may offset in an amount equal to or greater than the proposed
new contribution to statewide power sector carbon dioxide emissions in either,
or a combination of both, of the following ways:
(1) by
reducing an existing facility's contribution to statewide power sector carbon
dioxide emissions; or
(2) by
purchasing carbon dioxide allowances from a state or group of states that has a
carbon dioxide cap and trade system in place that produces verifiable emissions
reductions.
(c) The
Public Utilities Commission shall not find that a proposed carbon dioxide
reduction project identified in paragraph (b) acceptably offsets a new
contribution to statewide power sector carbon dioxide emissions unless the
proposed offsets are permanent, quantifiable, verifiable, enforceable, and
would not have otherwise occurred.� This
section does not exempt emissions that have been offset under this subdivision
and emissions exempted under subdivisions 5 to 7 from a cap and trade system if
adopted by the state.
Subd. 5.� Exception
for new steel production facility.� The
prohibitions prohibition in subdivision 3 do does
not apply to increases in statewide power sector carbon dioxide emissions from
a new steel production project located in a taconite relief area that has filed
an application for an air quality permit from the Pollution Control Agency
prior to January 1, 2007.
Subd. 6.� Exception
for iron nugget production facility.� The
prohibitions prohibition in subdivision 3 do does
not apply to an iron nugget production facility that began construction prior
to January 31, 2007, nor to associated mining activities and beneficiation
facilities with a concentrate capacity of up to three million tons annually.� For the purposes of this subdivision,
"iron nugget" means a product with at least 90 percent iron content.
Subd. 7.� Other
exemptions.� The prohibitions
prohibition in subdivision 3 do does not apply to:
(1) a new
large energy facility under consideration by the Public Utilities Commission
pursuant to proposals or applications filed with the Public Utilities
Commission before April 1, 2007, or to any power purchase agreement related to
a facility described in this clause.� The
exclusion of pending proposals and applications from the prohibitions in
subdivision 3 does not limit the applicability of any other law and is not an
expression of legislative intent regarding whether any pending proposal or
application should be approved or denied;
(2) a
contract not subject to commission approval that was entered into prior to
April 1, 2007, to purchase power from a new large energy facility that was
approved by a comparable authority in another state prior to that date, for
which municipal or public power district bonds have been issued, and on which
construction has begun; or
(3) a new
large energy facility or a power purchase agreement between a Minnesota utility
and a new large energy facility located outside Minnesota that the Public
Utilities Commission has determined is essential to ensure the long-term
reliability of Minnesota's electric system, to allow electric service for
increased industrial demand, or to avoid placing a substantial financial burden
on Minnesota ratepayers.� An order of the
commission granting an exemption under this clause is stayed until the June 1
following the next regular or annual session of the legislature that begins
after the date of the commission's final order.
Subd. 8.� Enforcement.� Whenever the commission or the Department
of Commerce determines that any person is violating or about to violate this
section, it may refer the matter to the attorney general who shall take
appropriate legal action.� This section
may be enforced by the attorney general on the same basis as a law listed in
section 8.31, subdivision 1, except that the remedies provided by section 8.31,
subdivision 3a, do not apply to a violation of this section.
EFFECTIVE DATE.� This
section is effective January 1, 2011."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Westrom amendment and the roll
was called.� There were 58 yeas and 74
nays as follows:
����� Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Lieder
Loon
Mack
Magnus
Marquart
McFarlane
McNamara
Murdock
Nornes
Olin
Pelowski
Peppin
Poppe
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Ward
Welti
Westrom
Zellers
����� Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Faust
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Laine
Lenczewski
Liebling
Lillie
Loeffler
Mahoney
Mariani
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Winkler
Spk. Kelliher
����� The motion did not prevail and the amendment was not adopted.
����� Hackbarth was excused between the hours of 5:55 p.m. and 8:10
p.m.
����� S. F. No. 2971, A bill for an act relating to
energy; making technical changes and modifying provisions related to utility
report filings, hydrogen energy projects, weatherization programs, high-voltage
transmission lines, public utility commission assessments, and utility metering
for supportive housing; removing obsolete and redundant language; authorizing
individuals and entities to take certain easements in agricultural land;
providing for certain reporting requirements; providing for wind and solar
easements; amending Minnesota Statutes 2008, sections 16E.15, subdivision 2;
117.225; 216B.16, by adding a subdivision; 216B.241, subdivision 2; 216B.812,
subdivision 2; 216C.264; 216E.03, subdivision 7; 216E.18, subdivision 3;
326B.106, subdivision 12; 500.221, subdivisions 2, 4;
Minnesota Statutes 2009
Supplement, section 117.189; Laws 2008, chapter 296, article 1, section 25;
repealing Minnesota Statutes 2008, sections 216C.19, subdivisions 2, 3, 13, 14,
15, 16, 18, 19, 20; 216C.262; Minnesota Statutes 2009 Supplement, section
216C.19, subdivision 17.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 86 yeas and 43 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Cornish
Dill
Dittrich
Doty
Eken
Faust
Fritz
Gardner
Hansen
Haws
Hayden
Hilstrom
Hilty
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Knuth
Koenen
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Ward
Welti
Westrom
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Brod
Buesgens
Champion
Clark
Davids
Davnie
Dean
Demmer
Dettmer
Doepke
Downey
Eastlund
Falk
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hausman
Holberg
Hoppe
Hornstein
Hortman
Kiffmeyer
Kohls
Mack
Magnus
Mariani
Mullery
Paymar
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Wagenius
Winkler
Zellers
����� The bill was passed, as amended, and its
title agreed to.
����� S. F. No. 3080 was reported
to the House.
����� Hilty moved to amend
S. F. No. 3080, the first engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 3667, the
first engrossment:
"Section 1.� Minnesota
Statutes 2008, section 216B.1692, subdivision 8, is amended to read:
Subd. 8.� Sunset.�
This section is effective until December 31, 2013 2015,
and applies to plans, projects, and riders approved before that date and
modifications made to them after that date.
Sec. 2.� Minnesota
Statutes 2008, section 216B.6851, subdivision 3, is amended to read:
Subd. 3.� Plan for 90 percent reduction required.� A public utility that elects to be
regulated under this section must file a mercury emissions-reduction plan that
is designed to achieve total mercury reduction at targeted and supplemental
units owned by the utility equivalent to a goal of 90 percent reduction of
mercury emissions at the utility's targeted units by December 31, 2014 2018.
Sec. 3.� Minnesota
Statutes 2008, section 216B.6851, subdivision 5, is amended to read:
Subd. 5.� Early action; wet scrubbed units.� (a) The utility electing for
regulation under this section shall file an initial plan for mercury emissions
reduction at one of its two wet scrubbed units on or before December 31, 2007.� The plan must provide for mercury emissions
reduction to be implemented at that unit by December 31, 2010.� If the plan is approved by the commission,
and implemented by the utility, the utility may have until July 1, 2011 2015,
to file its plans for reduction at its other wet scrubbed unit at the
qualifying facility, and may have until December 31, 2014 2018,
to implement mercury emissions reduction at that unit.
(b) Until the utility files its plans for the other wet
scrubbed unit, the utility must submit to the commission and agency, by July 1
each year, beginning in 2011, a report containing the following information:
(1) mercury control plans for units subject to this section,
including how elements of the plans may affect the performance and
cost-effectiveness of emission controls for air pollutants other than mercury;
(2) an assessment of the impacts of federal laws regulating
various air pollutants emitted by coal-fired power plants that can reasonably
be expected to be enacted by 2018 on the utility's units subject to this
section, and potential utility responses to those laws, including, but not
limited, to:�
(i) installing pollution control equipment;
(ii) using pollution allowances to achieve regulatory
compliance; and
(iii) retiring or repowering the plant that is the subject of
the filing with cleaner fuels considering the costs of complying with state and
federal environmental regulations.
For each potential
response, the report must include an analysis of the impacts on ratepayers, the
utility's financial position, and utility operations, including the impacts on
the service life of affected units.
(c) The utility shall consult with the agency, the Department
of Commerce, and other interested stakeholders to determine which future
federal laws to assess under paragraph (b), clause (2), and the scope of the
assessment of the impact of those laws.
EFFECTIVE
DATE.� This section is effective the day
following final enactment.
Sec. 4.� Minnesota
Statutes 2008, section 216B.6851, subdivision 6, is amended to read:
Subd. 6.� Agency review and commission approval.� (a) The agency shall review the utility's
plans as provided in section 216B.684.
(b) The Public Utilities Commission shall review and evaluate
a utility's mercury emissions-reduction plans submitted under this section.� In its review, the commission shall consider
the environmental and public health benefits, the agency's determination of
technical feasibility, competitiveness of customer rates, and
cost-effectiveness of the utility's proposed mercury-control initiatives in
light of the Pollution Control Agency's review
under paragraph (a).� Within
180 days of receiving the agency's report, the commission shall approve a
utility's mercury emissions-reduction plan that the commission reasonably
expects will come closest to achieving total mercury reductions at targeted and
supplemental units owned by the utility equivalent to a goal of 90 percent reduction
of mercury emissions at the utility's targeted units by December 31, 2014
2018, in a manner that provides for increased environmental and public
health benefits without imposing excessive costs on the utility's customers.� If the commission is unable to approve the
utility's 90 percent reduction plan filed under subdivision 3, the commission,
in consultation with the Pollution Control Agency, shall order the utility to
implement the most stringent mercury-control alternative proposed by the utility
under this section that provides for increased environmental and public health
benefits without imposing excessive costs on the utility's customers.
(c) At each targeted and supplemental unit included in a plan
under this section, a utility shall propose to implement mercury
emissions-control measures that will result in the greatest reduction of
mercury emitted from that unit that is technically feasible without imposing
excessive costs."
����� Delete the title and insert:
����� "A bill for an act relating to energy;
modifying programs for reducing emissions at electric generating plants; amending
Minnesota Statutes 2008, sections 216B.1692, subdivision 8; 216B.6851,
subdivisions 3, 5, 6."
����� The motion prevailed and the amendment was
adopted.
����� S. F. No. 3080, A bill for
an act relating to energy; modifying programs for reducing emissions at
electric generating plants; amending Minnesota Statutes 2008, sections
216B.1692, subdivision 8; 216B.685, subdivision 4.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 117 yeas and 14 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hamilton
Hansen
Haws
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lieder
Lillie
Loon
Mack
Magnus
Mahoney
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Murdock
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who
voted in the negative were:
Davnie
Falk
Greiling
Hausman
Hayden
Hornstein
Kahn
Liebling
Loeffler
Mariani
Mullery
Murphy, E.
Paymar
Wagenius
����� The bill was passed, as amended, and its title agreed to.
����� Speaker pro tempore Thissen called Juhnke to the Chair.
����� Kohls was excused between the hours of 6:15 p.m. and 7:15 p.m.
����� H. F. No. 3033 was reported to the House.
Loon, Westrom and Beard moved
to amend H. F. No. 3033, the first engrossment, as follows:
Page 3, line 17, before the
semicolon, insert "or by an electrical contractor or residential
building contractor licensed in this state who has completed any installation
training offered by the manufacturer of the solar photovoltaic module to be
installed"
����� The motion did not prevail and the amendment was not adopted.
Anderson, B.; Shimanski;
Drazkowski and Kelly moved to amend H. F. No. 3033, the first
engrossment, as follows:
Page 2, after line 13,
insert:
"(e) After January
1, 2012, any funds collected under this subdivision for purposes other than
payment of renewable energy production incentives, as specified in subdivision
2, are to be refunded to the ratepayers of the utility subject to subdivision
1.
(f) This section expires
January 1, 2021."
Page 2, before line 15,
insert:
"Sec. 2.� Minnesota Statutes 2009 Supplement, section
116C.779, subdivision 2, is amended to read:
Subd. 2.� Renewable
energy production incentive.� (a)
Until January 1, 2021, $10,900,000 annually must be allocated from available
funds in the account to fund renewable energy production incentives.� $9,400,000 of this annual amount is for
incentives for electricity generated by wind energy conversion systems that are
eligible for the incentives under section 216C.41 or Laws 2005, chapter 40.�
(b) The balance of this
amount, up to $1,500,000 annually, may be used for production incentives for
on-farm biogas recovery facilities and hydroelectric facilities that are
eligible for the incentive under section 216C.41 or for production incentives
for other renewables, to be provided in the same manner as under section
216C.41.�
(c) Any
portion of the $10,900,000 not expended in any calendar year for the incentive
is available for other spending purposes under this section, except that,
after January 1, 2012, the unexpended portion of the $10,900,000 must be
refunded to the ratepayers of the utility subject to subdivision 1.� This subdivision does not create an
obligation to contribute funds to the account.
(d) The
Department of Commerce shall determine eligibility of projects under section
216C.41 for the purposes of this subdivision.�
At least quarterly, the Department of Commerce shall notify the public
utility of the name and address of each eligible project owner and the amount
due to each project under section 216C.41.�
The public utility shall make payments within 15 working days after
receipt of notification of payments due.
Sec. 3.� Minnesota Statutes 2009 Supplement, section
116C.779, subdivision 3, is amended to read:
Subd. 3.� Initiative
for Renewable Energy and the Environment.�
(a) Beginning July 1, 2009, and each July 1 through 2012 2011,
$5,000,000 must be allocated from the renewable development account to fund a
grant to the Board of Regents of the University of Minnesota for the Initiative
for Renewable Energy and the Environment for the purposes described in
paragraph (b).� The Initiative for
Renewable Energy and the Environment must set aside at least 15 percent of the
funds received annually under the grant for qualified projects conducted at a
rural campus or experiment station.� Any
set-aside funds not awarded to a rural campus or experiment station at the end
of the fiscal year revert back to the Initiative for Renewable Energy and the
Environment for its exclusive use.� This
subdivision does not create an obligation to contribute funds to the account.�
(b)
Activities funded under this grant may include, but are not limited to:
(1)
environmentally sound production of energy from a renewable energy source,
including biomass and agricultural crops;
(2) environmentally
sound production of hydrogen from biomass and any other renewable energy source
for energy storage and energy utilization;
(3)
development of energy conservation and efficient energy utilization
technologies;
(4) energy
storage technologies; and
(5)
analysis of policy options to facilitate adoption of technologies that use or
produce low-carbon renewable energy.
(c) For the
purposes of this subdivision:
(1)
"biomass" means plant and animal material, agricultural and forest
residues, mixed municipal solid waste, and sludge from wastewater treatment;
and
(2)
"renewable energy source" means hydro, wind, solar, biomass, and
geothermal energy, and microorganisms used as an energy source.
(d)
Beginning January 15 of 2010, and each year thereafter, the director of the
Initiative for Renewable Energy and the Environment at the University of
Minnesota shall submit a report to the chair and ranking minority members of
the senate and house of representatives committees with primary jurisdiction
over energy finance describing the activities conducted during the previous
year funded under this subdivision."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Anderson,
B., et al amendment and the roll was called.�
There were 43 yeas and 86 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Howes
Kath
Kelly
Kiffmeyer
Lanning
Mack
Magnus
McFarlane
McNamara
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Hoppe,
Hackbarth and Magnus moved to amend H. F. No. 3033, the first
engrossment, as follows:
Page 2,
line 33, before the period, insert ", except that after December 31,
2011, "qualified property" means a residence, multifamily, business,
or publicly owned building located in the taconite assistance area defined in
section 273.1341"
Page 4,
after line 6, insert:
"Sec. 3.� Minnesota Statutes 2009 Supplement, section
298.292, subdivision 2, is amended to read:
Subd. 2.� Use of
money.� Money in the Douglas J.
Johnson economic protection trust fund may be used for the following purposes:
(1) to
provide loans, loan guarantees, interest buy-downs and other forms of
participation with private sources of financing, but a loan to a private
enterprise shall be for a principal amount not to exceed one-half of the cost
of the project for which financing is sought, and the rate of interest on a
loan to a private enterprise shall be no less than the lesser of eight percent
or an interest rate three percentage points less than a full faith and credit
obligation of the United States government of comparable maturity, at the time
that the loan is approved;
(2) to fund
reserve accounts established to secure the payment when due of the principal of
and interest on bonds issued pursuant to section 298.2211;
(3) to pay
in periodic payments or in a lump-sum payment any or all of the interest on
bonds issued pursuant to chapter 474 for the purpose of constructing,
converting, or retrofitting heating facilities in connection with district
heating systems or systems utilizing alternative energy sources;
(4) to
invest in a venture capital fund or enterprise that will provide capital to
other entities that are engaging in, or that will engage in, projects or
programs that have the purposes set forth in subdivision 1.� No investments may be made in a venture
capital fund or enterprise unless at least two other unrelated investors make
investments of at least $500,000 in the venture capital fund or enterprise, and
the investment by the Douglas J. Johnson economic protection trust fund may not
exceed the amount of the largest investment by an unrelated investor in the
venture capital fund or enterprise.� For
purposes of this subdivision, an "unrelated investor" is a person or
entity that is not related to the entity in which the investment is made or to
any individual who owns more than 40 percent of the value of the entity, in any
of the following relationships:� spouse,
parent, child, sibling, employee, or owner of an interest in the entity that
exceeds ten percent of the value of all interests in it.� For purposes of determining the limitations
under this clause, the amount of investments made by an investor other than the
Douglas J. Johnson economic protection trust fund is the sum of all investments
made in the venture capital fund or enterprise during the period beginning one
year before the date of the investment by the Douglas J. Johnson economic
protection trust fund; and
(5) to
purchase forest land in the taconite assistance area defined in section
273.1341 to be held and managed as a public trust for the benefit of the area
for the purposes authorized in section 298.22, subdivision 5a.� Property purchased under this section may be
sold by the commissioner upon approval by at least seven Iron Range Resources
and Rehabilitation Board members.� The
net proceeds must be deposited in the trust fund for the purposes and uses of
this section; and
(6) for
rebates to property owners who install solar photovoltaic modules manufactured
in Minnesota, as specified in section 116C.7791.
Money from
the trust fund shall be expended only in or for the benefit of the taconite
assistance area defined in section 273.1341."
Page 4,
line 9, delete everything after "2011"
Page 4,
line 10, delete everything before "from"
Page 4,
after line 12, insert:
"(b)
$4,000,000 in fiscal year 2012 and $5,000,000 in each fiscal year from 2013 to
2015, is transferred from the fund established in Minnesota Statutes, section
289.292, to the commissioner of commerce.�
The commissioner of commerce must place the funds in the special revenue
fund."
Reletter
the paragraphs in sequence
����� The motion did not prevail and the
amendment was not adopted.
Loon moved
to amend H. F. No. 3033, the first engrossment, as follows:
Page 3,
line 32, delete "$5" and insert "$1"
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion did not prevail and the
amendment was not adopted.
Westrom moved
to amend H. F. No. 3033, the first engrossment, as follows:
Page 2,
line 32, delete "the assigned service area of the utility subject to"
and insert "this state"
Page 2,
delete line 33
Page 4,
after line 5, insert:
"Subd. 5.� Right
of first refusal.� A utility
has the right of first refusal to purchase the electrical energy produced
within its service area under this section."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion did not prevail and the
amendment was not adopted.
Peppin and
Westrom moved to amend H. F. No. 3033, the first engrossment, as
follows:
Page 1,
delete section 1
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Peppin and
Westrom amendment and the roll was called.�
There were 44 yeas and 87 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Anderson,
S., moved to amend H. F. No. 3033, the first engrossment, as
follows:
Page 4,
after line 20, insert:
"(d)
The commissioner of commerce shall determine as a percentage the number of
ratepayers that are not eligible for the funds appropriated under paragraph (a).� The commissioner shall reduce the
appropriation by that percentage in fiscal year 2011 and each fiscal year
thereafter."
����� A roll call was requested and properly
seconded.
����� The question was taken on the Anderson,
S., amendment and the roll was called.�
There were 45 yeas and 86 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Kath
Kelly
Kiffmeyer
Lanning
Lenczewski
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Reinert
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Westrom
Zellers
����� Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� H. F. No. 3033, A bill for an
act relating to energy; modifying fee for storage of spent nuclear fuel;
establishing rebate program for solar photovoltaic modules; appropriating
money; amending Minnesota Statutes 2008, section 116C.779, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 116C.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 98 yeas and 33 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Spk. Kelliher
����� Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Lanning
Loon
Mack
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Zellers
����� The bill was passed and its title agreed
to.
����� S. F. No. 1537 was reported
to the House.
MOTION TO LAY ON THE TABLE
����� Brod moved that
S. F. No. 1537 be laid on the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Brod motion
and the roll was called.� There were 43
yeas and 86 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail.
����� Abeler was excused between the hours of
6:55 p.m. and 7:35 p.m.
Drazkowski moved
to amend S. F. No. 1537, the second unofficial engrossment, as
follows:
Page 3,
after line 11, insert:
"Sec. 3.� ENERGY
REDUCTION REPORT.�
Subdivision
1.� Definition.� For
the purposes of this section, "study area" means those portions of
Wabasha and Goodhue Counties located within one mile of the high-voltage
transmission line extending from Hampton to Rochester proposed by CAPX2020 that
has applied for a route permit from the Minnesota Public Utilities Commission.
Subd. 2.� Report.� (a) By February 15, 2011, an
organization with experience in energy conservation and energy planning at the
neighborhood level that serves as project manager must submit a report to the
chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over energy policy that contains the
following information:
(1)
projections of the amount of energy that can be conserved and generated through
the implementation of cost-effective energy efficiency investments; innovative
energy storage projects, including thermal energy storage; smart-grid
technologies; and energy produced from distributed generation projects fueled
by solar photovoltaic and other renewable energy sources located in the study
area;
(2) for
each energy-reducing or energy-generating element recommended, estimates of the
amount of energy conserved or generated, the reduction in peak demand
requirements in the focused study area, and the cost per unit of energy saved
or generated; and
(3) an
estimate of the number of green jobs that would be created through
implementation of the report's recommendations.
(b)
Information requests with respect to the study are governed by the rules for
contested case hearings in Minnesota Rules, part 1400.6700.
(c) The
project manager may contract for portions of the work required to complete the
report.
Subd. 3.� Community
steering report.� (a) The
project manager shall convene a community steering committee to provide input
to the report.� Appointments to the
steering committee must reflect the diversity of the study area, and include
representatives of study area residents, including homeowners, building owners
and renters, businesses, churches, other institutions, including local
hospitals, and local elected officials representing the study area.� All meetings held by the community steering
committee or any subcommittees it creates must be public meetings, with advance
notice given to the public.
(b) The
project manager shall seek to maximize the participation of study area residents,
stakeholders, and institutions in recommending ideas to be included within the
scope of the report and in reviewing initial and successive drafts of the
report, including providing stipends for reasonable expenses when necessary to
increase participation, but not including per diem payments.� The project manager shall contact
representatives of similar successful projects in other states to benefit from
their experience and to learn about best practices for increasing public
participation that can be replicated in Minnesota.� The report must incorporate and respond to
comments from the study area and the steering committee.
Subd. 4.� Energy
savings.� The utility that
serves the study area may apply energy savings resulting directly from the
implementation of recommendations contained in the report regarding energy
efficiency investments to its energy-savings goal under section 216B.241,
subdivision 1c."
Page 3, line
20, delete "$100,000" and insert "$150,000"
Page 3,
after line 30, insert:�
"(d)
$50,000 from the money deposited in the special revenue fund under paragraph
(b) is appropriated to the commissioner of commerce for transfer to Wabasha
County for a grant to an organization with experience in energy conservation
and energy planning at the neighborhood level that is selected by Wabasha
County, in consultation with Goodhue County, to serve as project manager for
the purpose of completing the report required under section 4."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Drazkowski
amendment and the roll was called.� There
were 32 yeas and 96 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Beard
Brod
Buesgens
Cornish
Dean
Demmer
Dettmer
Drazkowski
Eastlund
Gottwalt
Hamilton
Hoppe
Hosch
Howes
Kelly
Kiffmeyer
Magnus
Nornes
Pelowski
Scott
Seifert
Severson
Shimanski
Slawik
Smith
Thissen
Torkelson
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davids
Davnie
Dill
Dittrich
Doepke
Doty
Downey
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Urdahl
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not prevail and the amendment
was not adopted.
����� Ruud was excused between the hours of 7:00 p.m. and 7:50 p.m.
Anderson, S., moved to amend
S. F. No. 1537, the second unofficial engrossment, as follows:
Page 1, after line 12,
insert:
"(b) The costs to a
utility of participating in a certificate of need process required under this
section must be recovered solely from ratepayers who reside in the city where
the high-voltage transmission line is proposed to be located."
Page 1, line 13, delete
"(b)" and insert "(c)"
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the Anderson, S., amendment and the
roll was called.� There were 51 yeas and
77 nays as follows:
����� Those who
voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Gardner
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Howes
Kalin
Kath
Kelly
Kiffmeyer
Lanning
Lenczewski
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Paymar
Peppin
Peterson
Rosenthal
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who
voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Pelowski
Persell
Poppe
Reinert
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the amendment was not adopted.
Westrom moved
to amend S. F. No. 1537, the second unofficial engrossment, as
follows:
Page 3,
delete subdivision 4
����� A roll call was requested and properly
seconded.
����� The question was taken on the Westrom
amendment and the roll was called.� There
were 43 yeas and 86 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� S. F. No. 1537 was read for
the third time.
MOTION TO ADJOURN SINE DIE
����� Buesgens moved that the House adjourn sine
die.� The motion did not prevail.
����� S. F. No. 1537, A bill for
an act relating to energy; requiring a certificate of need for certain
transmission lines.�
����� The bill was placed upon its final
passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 85 yeas and 45 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Cornish
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Obermueller
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Westrom
Zellers
����� The bill was passed and its title agreed
to.
����� S. F. No. 3081 was reported
to the House.
����� Welti moved to amend
S. F. No. 3081, the first engrossment, as follows:
����� Delete everything after the enacting
clause and insert the following language of H. F. No. 3641, the
first engrossment:
"Section 1.� Minnesota
Statutes 2009 Supplement, section 216B.1612, subdivision 2, is amended to read:
Subd. 2.� Definitions.� (a) The terms used in this section have
the meanings given them in this subdivision.
(b) "C-BED tariff" or "tariff" means a
community-based energy development tariff.
(c) "Qualifying owner beneficiary"
means:
(1) a Minnesota resident;
(2) a limited liability company that is organized under
chapter 322B and that is made up of members who are Minnesota residents;
(3) (2) a Minnesota nonprofit organization
organized under chapter 317A;
(4) (3) a Minnesota cooperative association
organized under chapter 308A or 308B, including a rural electric cooperative
association or a generation and transmission cooperative on behalf of and at
the request of a member distribution utility;
(5) (4) a Minnesota political subdivision or local
government including, but not limited to, a municipal electric utility, or a
municipal power agency on behalf of and at the request of a member distribution
utility; the office of the commissioner of Iron Range resources and
rehabilitation; a county, statutory or home rule charter city, town, school
district, or public or private higher education institution; or any other local
or regional governmental organization such as a board, commission, or
association; oder
(6) (5) a tribal council.; or
(6) a legal entity (i) formed for a purpose other than to
participate in C-BED projects; (ii) whose principal place of business or
principal executive office is located in Minnesota; and (iii) that provides
labor, services, equipment, components, or financing to a C-BED project.
A public
utility, as defined in section 216B.02, subdivision 4, is not a qualifying
beneficiary.
(d) "Net present value rate" means a rate equal
to the net present value of the nominal payments to a project divided by the
total expected energy production of the project over the life of its power
purchase agreement.� "Qualifying
revenue" includes, but is not limited to:
(1) royalties, distributions, dividends, and other payments
flowing to individuals who are qualifying beneficiaries;
(2) fees for consulting, development, professional,
construction, and operations and maintenance services paid to qualifying
beneficiaries;
(3) interest and fees paid to financial institutions that are
qualifying beneficiaries;
(4) the value-added portion of payments for goods
manufactured in Minnesota; and
(5) production taxes.
(e) "Discount rate" means the ten-year United
States Treasury Yield as quoted in the Wall Street Journal as of the date of
application for determination under subdivision 10, plus five percent; except
that the discount rate applicable to any qualifying revenues contingent upon an
equity investor earning a specified internal rate of return is the ten-year
United States Treasury Yield, plus eight percent.
(f) "Standard reliability criteria" means:
(1) can be safely integrated into and operated within the
utility's grid without causing any adverse or unsafe consequences; and
(2) is consistent with the utility's resource needs as
identified in its most recent resource plan submitted under section 216B.2422.
(f) (g) "Renewable" refers to a
technology listed in section 216B.1691, subdivision 1, paragraph (a).
(g) (h) "Community-based energy development
project" or "C-BED project" means a new renewable energy project
that either as a stand-alone project or part of a partnership under subdivision
8:
(1) has no single qualifying owner beneficiary,
including any parent company or subsidiary of the qualifying beneficiary,
owning more than 15 percent of a C-BED wind energy project unless:� (i) the C-BED wind energy project consists of
only one or two turbines; or (ii) the qualifying owner beneficiary
is a public entity listed under paragraph (c), clause (5) (4),
that is not a municipal utility;
(2) demonstrates that at least 51 percent of the net
present value of the gross revenues from a power purchase agreement over
the life of the project will flow to are qualifying owners and
other local entities revenues; and
(3) has a resolution of support adopted by the county board
of each county in which the project is to be located, or in the case of a
project located within the boundaries of a reservation, the tribal council for
that reservation.
(i) "Value-added portion" means the difference
between the total sales price and the total cost of components, materials, and
services purchased from or provided outside of Minnesota.
Sec. 2.� Minnesota
Statutes 2008, section 216B.1612, subdivision 3, is amended to read:
Subd. 3.� Tariff rate.� (a) The tariff described in subdivision 4
must have a rate schedule that allows for a net present value rate over the
20-year life of the power purchase agreement.�
The tariff must provide for a rate that is higher in the first ten
years of the power purchase agreement than in the last ten years.� The discount rate required to calculate
the net present value must be the utility's normal discount rate used for its
other business purposes.
(b) The commission shall consider mechanisms to encourage the
aggregation of C-BED projects.
(c) The commission shall require that qualifying and
nonqualifying owners C-BED projects provide sufficient security to
secure performance under the power purchase agreement, and shall prohibit
the transfer of the C-BED project to a nonqualifying owner during the initial
20 years of the contract.
Sec. 3.� Minnesota
Statutes 2008, section 216B.1612, subdivision 5, is amended to read:
Subd. 5.� Priority for C-BED projects.� (a) A utility subject to section
216B.1691 that needs to construct new generation, or purchase the output from
new generation, as part of its plan to satisfy its good faith objective and
standard under that section must take reasonable steps to determine if one or
more C-BED projects are available that meet the utility's cost and reliability
requirements, applying standard reliability criteria, to fulfill some or all of
the identified need at minimal impact to customer rates.
Nothing in
this section shall be construed to obligate a utility to enter into a power
purchase agreement under a C‑BED tariff developed under this section.
(b) Each utility shall include in its resource plan submitted
under section 216B.2422 a description of its efforts to purchase energy from
C-BED projects, including a list of the projects under contract and the amount
of C-BED energy purchased.
(c) The commission shall consider the efforts and activities
of a utility to purchase energy from C-BED projects when evaluating its good
faith effort towards meeting the renewable energy objective under section
216B.1691.
(d) A municipal power agency or generation and transmission
cooperative shall, when issuing a request for proposals for C-BED projects to
satisfy its standard obligation under section 216B.1691, provide notice to its
member distribution utilities that they may propose, in partnership with other
qualifying owners beneficiaries, a C‑BED project for the
consideration of the municipal power agency or generation and transmission
cooperative.
Sec. 4.� Minnesota
Statutes 2008, section 216B.1612, subdivision 7, is amended to read:
Subd. 7.� Other C-BED tariff issues.� (a) A community-based project developer
and a utility shall negotiate the rate and power purchase agreement terms
consistent with the tariff established under subdivision 4.
(b) At the discretion of the developer, a community-based
project developer and a utility may negotiate a power purchase agreement with
terms different from the tariff established under subdivision 4.
(c) A qualifying owner, or any combination of qualifying
owners, may develop a joint venture project with a nonqualifying renewable
energy project developer C-BED project may be jointly developed with a
non-C-BED project.� However, the
terms of the C-BED tariff may only apply to the portion of the energy
production of the total project that is directly proportional to the equity
share of the project owned by the qualifying owners energy produced by
the C-BED project.
(d) A project that is operating under a power purchase
agreement under a C-BED tariff is not eligible for net energy billing under
section 216B.164, subdivision 3, or for production incentives under section
216C.41.
(e) (d) A public utility must receive commission
approval of a power purchase agreement for a C-BED tariffed project.� The commission shall provide the utility's
ratepayers an opportunity to address the reasonableness of the proposed power
purchase agreement.� Unless a party
objects to a contract within 30 days of submission of the contract to the
commission the contract is deemed approved.
Sec. 5.� Minnesota
Statutes 2008, section 216B.1612, is amended by adding a subdivision to read:
Subd. 10.�
C-BED eligibility
determination.� A developer of
a C-BED project may seek a predetermination of C-BED eligibility from the
commissioner of commerce at any time, and must obtain a determination of C-BED
eligibility from the commissioner of commerce, based on the project's final
financing terms, before construction may begin.�
In seeking a determination of eligibility under this subdivision, a
developer of a C-BED project must submit to the commissioner of commerce
detailed financial projections demonstrating that, based on a net present value
analysis, and applying the discount rate to qualifying revenues and gross
revenues from a power purchase agreement, the project meets the requirements of
subdivision 2, paragraph (h), clause (1)."
����� The motion prevailed and the amendment was
adopted.
����� Speaker pro tempore Juhnke called Thissen
to the Chair.
Welti moved
to amend S. F. No. 3081, the first engrossment, as amended, as
follows:
Page 1,
line 13, after "resident" insert "individually or as a member
of a Minnesota limited liability company organized under chapter 322B and
formed for the purpose of developing a C-BED project"
Page 2,
line 4, before "financing" insert "debt"
Page 2,
line 12, after "flowing" insert "directly or
indirectly"
Page 2,
line 14, before "fees" insert "reasonable"
Page 3,
line 2, strike everything after "(4)" and insert a semicolon
Page 3,
line 24, before the period, insert ", and shall prohibit transfer of a
C-BED project during the initial term of a power purchase agreement if the
transfer will result in the project's no longer qualifying under section
216B.1612, subdivision 2, paragraph (h)"
Page 5,
after line 1, before "A" insert "(a)"
Page 5,
after line 9, insert:
"(b)
A project is not required to obtain a predetermination of C-BED eligibility
under this subdivision if it has received, prior to the effective date of this
act:� (1) an opinion letter from the
commissioner indicating that the project qualifies as a C-BED project under
this section; or (2) written notification from the Midwest Independent Systems
Operator that the project retains a position in the interconnection queue.
(c) The
commissioner's reexamination of the continued C-BED eligibility of a project
that obtained its initial opinion letter regarding C-BED eligibility from the
commissioner before the effective date of this act must only consider whether
the project qualifies as a C-BED project based on the statutes applicable at
the time the initial notice of C-BED eligibility was issued.
Sec.
6.� EFFECTIVE
DATE.
Sections 1
to 5 are effective the day following final enactment."
����� The motion prevailed and the amendment was
adopted.
ANNOUNCEMENT BY THE SPEAKER
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2614:
����� Huntley, Clark, Thissen, Hosch and Abeler.
CALENDAR FOR THE DAY, Continued
����� Speaker pro tempore Thissen called Juhnke to
the Chair.
Drazkowski
and Kelly moved to amend S. F. No. 3081, the first engrossment, as
amended, as follows:
Page 3,
line 5, strike "and"
Page 3,
line 8, strike the period and insert "; and"
Page 3,
after line 8, insert:
"(4)
does not require a certificate of need under section 216B.243."
����� The motion prevailed and the amendment was
adopted.
����� Abeler was excused between the hours of
8:30 p.m. and 10:35 p.m.
Falk moved
to amend S. F. No. 3081, the first engrossment, as amended, as
follows:
Page 2,
line 4, delete "and"
Page 2,
line 5, strike the period, and insert "; and"
Page 2,
after line 5, insert:
"(iv)
that is not wholly or partially owned by a foreign entity."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
Welti moved
to amend the Falk amendment to S. F. No. 3081, the first engrossment, as
amended, as follows:
Page 1,
line 6, delete "or partially"
����� A roll call was requested and properly
seconded.
����� The question was taken on the amendment to
the amendment and the roll was called.� ������������ There were 100 yeas and 32 nays as
follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Bigham
Brod
Brown
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Faust
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hosch
Howes
Jackson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Kohls
Laine
Lanning
Lenczewski
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Marquart
McFarlane
McNamara
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Smith
Swails
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bly
Bunn
Davnie
Dill
Falk
Fritz
Greiling
Hansen
Hausman
Hortman
Huntley
Johnson
Koenen
Lesch
Liebling
Mahoney
Mariani
Masin
Morgan
Newton
Paymar
Rukavina
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Wagenius
����� The motion prevailed and the amendment to
the amendment was adopted.
����� The question recurred on the Falk
amendment, as amended, and the roll was called.�
There were 63 yeas and 69 nays as follows:
����� Those who voted in the affirmative were:
Bigham
Brynaert
Champion
Clark
Davnie
Dittrich
Doty
Downey
Drazkowski
Eken
Faust
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Jackson
Johnson
Kahn
Kalin
Kelly
Knuth
Koenen
Kohls
Liebling
Lieder
Loeffler
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Persell
Peterson
Reinert
Rosenthal
Sailer
Scalze
Sertich
Simon
Slawik
Solberg
Swails
Ward
Welti
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bly
Brod
Brown
Buesgens
Bunn
Carlson
Cornish
Davids
Dean
Demmer
Dettmer
Dill
Doepke
Eastlund
Falk
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Huntley
Juhnke
Kath
Kiffmeyer
Laine
Lanning
Lenczewski
Lesch
Lillie
Loon
Mack
Magnus
Mahoney
McFarlane
McNamara
Murdock
Newton
Nornes
Obermueller
Pelowski
Peppin
Poppe
Rukavina
Ruud
Sanders
Scott
Seifert
Severson
Shimanski
Slocum
Smith
Sterner
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Westrom
Zellers
����� The motion did not prevail and the
amendment, as amended, was not adopted.
����� S. F. No. 3081, A bill for
an act relating to energy; modifying community-based energy development
program; amending Minnesota Statutes 2008, section 216B.1612, subdivisions 3,
5, 7, by adding a subdivision; Minnesota Statutes 2009 Supplement, section
216B.1612, subdivision 2.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 103 yeas and 29 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Atkins
Beard
Bigham
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Dean
Demmer
Dettmer
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Faust
Fritz
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Haws
Hilty
Holberg
Hoppe
Hornstein
Hosch
Howes
Huntley
Jackson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Kohls
Laine
Lanning
Lenczewski
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
McFarlane
McNamara
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Smith
Swails
Torkelson
Urdahl
Ward
Welti
Westrom
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Anzelc
Benson
Bly
Davnie
Dill
Falk
Greiling
Hansen
Hausman
Hayden
Hilstrom
Hortman
Johnson
Koenen
Lesch
Masin
Morgan
Newton
Paymar
Peterson
Rukavina
Slocum
Solberg
Sterner
Thao
Thissen
Tillberry
Wagenius
Zellers
����� The bill was passed, as amended, and its
title agreed to.
����� There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Sertich
from the Committee on Rules and Legislative Administration to which was
referred:
H. F. No. 2227,
A bill for an act relating to local government; establishing Minnesota
Innovation and Research Council; imposing powers and duties of council;
appropriating money; amending Minnesota Statutes 2008, section
3.971, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 465; repealing Minnesota Statutes 2008, section 6.80.
Reported
the same back with the recommendation that the bill pass and be re-referred to
the Committee on Finance.
Joint Rule
2.03 has been waived for any subsequent committee action on this bill.
����� The report was adopted.
Sertich from the Committee on Rules and Legislative
Administration to which was referred:
H. F. No. 2405, A bill for an act relating to
the legislature; proposing an amendment to the Minnesota Constitution, article
IV, section 4; providing for temporary successors to members of the legislature
called into active military service; providing for implementing statutory
language; proposing coding for new law in Minnesota Statutes, chapter 3.
Reported the same back with the following amendments:
Page 2, line 16, after "member" insert
", or to the minority leader of that house if the person is a member of
the minority caucus,"
Page 2, line 19, after "officer" insert
"or minority leader, as applicable,"
Page 2, line 24, after "officer" insert
", or minority leader if the legislator is a member of the minority
caucus,"
Page 2, lines 26 and 32, after "officer"
insert "or minority leader"
Page 3, line 7, after "officer" insert
"or minority leader"
With the recommendation that when so amended the bill pass.
����� The report was adopted.
SECOND READING OF HOUSE
BILLS
����� H. F. No. 2405 was read for the second
time.
����� Speaker pro tempore Juhnke called Pelowski
to the Chair.
FISCAL CALENDAR
����� Pursuant to rule 1.22, Solberg requested
immediate consideration of H. F. No. 3790.
����� H. F. No. 3790 was reported
to the House.
����� The Speaker assumed the Chair.
����� Murphy, M.; Haws; Brown; Lillie; Morgan;
Urdahl; Faust; Hoppe; Hansen; Kelliher; Davids; Eken; Dill; Wagenius; Loeffler
and Hausman moved to amend H. F. No. 3790, the first engrossment.
����� Buesgens requested a division of the
Murphy, M., et al amendment to H. F. No. 3790, the first
engrossment.
����� Buesgens further requested that the second
portion of the divided Murphy, M., et al amendment be voted on first.
����� The second portion of the Murphy, M., et
al amendment to H. F. No. 3790, the first engrossment, reads as
follows:
Page 24,
after line 6, insert:
"Sec. 6.� REPEALER.�
Minnesota
Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a, 6a, and
6b, are repealed."
Page 24,
line 30, delete "shall be" and insert "is to"
Page 24,
delete lines 31 to 33
Page 25,
line 1, delete "to be used by"
Page 27,
delete section 5
Page 29,
delete section 6
Page 36,
line 28, delete "portion" and insert "limited sample"
Page 36,
line 31, delete everything after "clean water fund,"
Page 36,
line 32, delete "state-issued bonds" and insert "and
the arts and cultural heritage funds"
Page 36,
line 32, after "audit" insert "must be based solely on
the project's goals, parameters, and outcomes, as contained in approved project
proposals and accomplishment plans, and"
Page 37,
line 3, after "possible" insert ", and may not exceed
one-quarter of one percent of available funds within the applicable dedicated
fund in any given biennium"
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly seconded.
����� The question was taken on the second
portion of the Murphy, M., et al amendment and the roll was called.� There were 132 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� The motion prevailed and the second
portion of the Murphy, M., et al amendment was adopted.
����� The first portion of the Murphy, M., et al
amendment to H. F. No. 3790, the first engrossment, as amended,
reads as follows:
Page 23,
after line 18, insert:
"Sec. 3.� Minnesota Statutes 2008, section 97A.056, is
amended by adding a subdivision to read:
Subd. 1a.� Definitions.� For the purposes of this section, the
following terms have the meanings given them:
(1)
"protect" means action to maintain the ability of habitat and related
natural systems to sustain fish, game, or wildlife through, but not limited to,
acquisition of fee title or conservation easements;
(2)
"restore" means action to renew degraded, damaged, or destroyed
wetlands, prairies, forests, and habitat for fish, game, and wildlife with the
ultimate goal of restoration to a desired conservation condition; and
(3)
"enhance" means action to improve in value, quality, and desirability
in order to increase the ecological value of wetlands, prairies, forests, and
habitat for fish, game, and wildlife."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the first
portion of the Murphy, M., et al amendment and the roll was called.� There were 110 yeas and 22 nays as follows:
����� Those who voted in the affirmative were:
Anderson, P.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Demmer
Dill
Dittrich
Doty
Downey
Drazkowski
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Urdahl
Wagenius
Ward
Welti
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Brod
Buesgens
Dean
Dettmer
Doepke
Eastlund
Garofalo
Hackbarth
Hamilton
Holberg
Kohls
Loon
Magnus
Nornes
Peppin
Scott
Seifert
Severson
Shimanski
Torkelson
Westrom
����� The motion prevailed and the first portion
of the Murphy, M., et al amendment was adopted.
����� The Speaker called Pelowski to the Chair.
����� Hamilton moved amend
H. F. No. 3790, the first engrossment, as amended, as follows:
����� Page 12, line 31, delete "20"
and insert "10"
����� The motion did not prevail and the
amendment was not adopted.
Paymar and
Holberg moved to amend H. F. No. 3790, the first engrossment, as
amended, as follows:
Page 14,
delete lines 22 to 29
����� A roll call was requested and properly
seconded.
����� The question was taken on the Paymar and
Holberg amendment and the roll was called.�
There were 131 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Anzelc
Atkins
Beard
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� The motion prevailed and the amendment was
adopted.
Urdahl moved
to amend H. F. No. 3790, the first engrossment, as amended, as follows:
Page 40,
after line 30, insert:
"Sec. 9.� LITCHFIELD
OPERA HOUSE.�
The Greater
Litchfield Opera House Association may acquire, restore, upgrade and improve
the Litchfield Opera House with any future appropriations for this project from
the arts and cultural heritage fund."
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Urdahl
amendment and the roll was called.� There
were 24 yeas and 109 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, P.
Anderson, S.
Anzelc
Beard
Davids
Gardner
Hosch
Juhnke
Koenen
Lanning
McFarlane
McNamara
Murdock
Newton
Nornes
Paymar
Rukavina
Shimanski
Thao
Thissen
Urdahl
Westrom
Zellers
����� Those who
voted in the negative were:
Anderson, B.
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dean
Demmer
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Falk
Faust
Fritz
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Kohls
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Obermueller
Olin
Otremba
Pelowski
Peppin
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Sanders
Scalze
Scott
Seifert
Sertich
Severson
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Tillberry
Torkelson
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Anderson,
S.; Hamilton and Drazkowski moved to amend H. F. No. 3790, the
first engrossment, as amended, as follows:
Page 40,
after line 33, insert:
"Sec. 9.� LAKE
ZUMBRO.�
The county
of Olmsted may restore, upgrade and improve Lake Zumbro and may allocate any
future appropriations for this project from the clean water fund.
Sec. 10.� SCHMIDT
LAKE.�
The city of
Plymouth may restore, upgrade and improve Schmidt Lake and may allocate any
future appropriations for this project from the clean water fund.
Sec. 11.� THOMPSON
LAKE.�
The county
of Dakota may restore, upgrade, and improve Thompson Lake and may allocate any
future appropriations for this project from the clean water fund."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Anderson,
S., et al amendment and the roll was called.�
There were 15 yeas and 117 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, S.
Beard
Demmer
Drazkowski
Gunther
Hackbarth
Lanning
McNamara
Murdock
Norton
Peterson
Smith
Urdahl
Welti
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Doty
Downey
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Kohls
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Obermueller
Olin
Otremba
Paymar
Pelowski
Peppin
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Sanders
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Wagenius
Ward
Westrom
Winkler
Zellers
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� H. F. No. 3790, A bill for
an act relating to state government; appropriating money from constitutionally
dedicated funds and providing for expenditure accountability, administration,
and governance of outdoor heritage, clean water, parks and trails, and arts and
cultural heritage purposes; establishing and modifying grants, programs, fees,
and accounts; requiring reports; amending Minnesota Statutes 2008, sections
3.971, by adding a subdivision; 97A.056, by adding subdivisions; Minnesota
Statutes 2009 Supplement, sections 85.53, subdivision 2; 114D.50, subdivision
4; 129D.17, subdivision 2; Laws 2009, chapter 172, article 2, section 4;
proposing coding for new law in Minnesota Statutes, chapter 3; repealing
Minnesota Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a,
6a, 6b; Laws 2009, chapter 172, article 5, section 9.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 99 yeas and 33 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davids
Davnie
Dill
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Gunther
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Thissen
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Hackbarth
Hamilton
Holberg
Juhnke
Kelly
Kiffmeyer
Lanning
Loon
Mack
Magnus
Peppin
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Westrom
Zellers
����� The bill was passed, as amended, and its
title agreed to.
����� Dill and Thissen were excused for the
remainder of today's session.
����� Pursuant to rule 1.50, Sertich moved that
the House be allowed to continue in session after 12:00 midnight.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Sertich motion
and the roll was called.� There were 104
yeas and 27 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Demmer
Dettmer
Dittrich
Doty
Drazkowski
Eken
Falk
Faust
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Scott
Seifert
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Torkelson
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Buesgens
Davids
Dean
Doepke
Downey
Eastlund
Hackbarth
Holberg
Hoppe
Juhnke
Kohls
Lanning
Loon
Mack
Nornes
Otremba
Peppin
Sanders
Severson
Shimanski
Smith
Sterner
Urdahl
����� The motion prevailed.
FISCAL CALENDAR, Continued
����� Pursuant to rule 1.22, Solberg requested
immediate consideration of S. F. No. 3275.
����� S. F. No. 3275 was reported
to the House.
Kelly moved
to amend S. F. No. 3275, the unofficial engrossment, as follows:
Page 48,
after line 32, insert:
"Sec. 76.� REFUSE
MANAGEMENT PILOT PROJECT; CANNON RIVER.�
The
commissioner of natural resources shall establish a two-year pilot project on
the Cannon River that allows canoe and inner tube rental establishments to take
responsibility for the management of their patrons refuse on the river,
including allowing canoe and inner tube establishments to provide disposable
refuse containers to each group, rather than each person if needed."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
MOTION TO
LAY ON THE TABLE
����� McNamara moved that
S. F. No. 3275 be laid on the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the McNamara
motion and the roll was called.� There
were 40 yeas and 89 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Davids
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kiffmeyer
Kohls
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doty
Eastlund
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail.
����� The question recurred on the Kelly
amendment to S. F. No. 3275, the unofficial engrossment.� The motion prevailed and the amendment was
adopted.
����� Davids was excused for the remainder of today's
session.
Lanning moved
to amend S. F. No. 3275, the unofficial engrossment, as amended,
as follows:
Page 28,
after line 10, insert:
"Sec. 48.� [103A.212]
BASIN WATERSHED MANAGEMENT POLICY.�
The quality
of life of every Minnesotan depends on water.�
Minnesota's rivers, lakes, streams, wetlands and groundwater provide a
foundation for drinking water and the state's recreational, municipal,
commercial, industrial, agricultural, environmental, aesthetic, and economic
well-being.� The legislature finds that
it is in the public interest
to manage
groundwater and surface water resources from the perspective of aquifers,
watersheds, and river basins to achieve protection, preservation, enhancement,
and restoration of the state's valuable groundwater and surface water
resources."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Lanning
amendment and the roll was called. There were 108 yeas and 22 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Demmer
Dettmer
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Gottwalt
Greiling
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Kiffmeyer
Knuth
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Scalze
Scott
Seifert
Sertich
Severson
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Welti
Westrom
Winkler
Zellers
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Beard
Buesgens
Davnie
Dean
Downey
Drazkowski
Eastlund
Garofalo
Gunther
Hackbarth
Holberg
Koenen
Kohls
Mack
Morgan
Peppin
Rukavina
Sanders
Shimanski
Thao
����� The motion prevailed and the amendment was
adopted.
FISCAL
CALENDAR ANNOUNCEMENT
����� Pursuant to rule 1.22, Faust announced his
intention to place S. F. No. 2918; and
H. F. Nos. 3729 and 2690 on the Fiscal Calendar for Friday, May
7, 2010.
FISCAL CALENDAR, Continued
Hortman moved
to amend S. F. No. 3275, the unofficial engrossment, as amended,
as follows:
Page 2, line
19, delete "submission"
Page 2, line
20, delete everything before the period and insert "conclusion of the
project prerequisites in section 116D.04, subdivision 2b"
Page 35,
line 14, delete "submission"
Page 35,
line 15, delete everything before the period and insert "conclusion of
the project prerequisites in section 116D.04, subdivision 2b"
Page 41,
line 14, strike "during a 30 day period" and insert "within
30 business days"
����� A roll call was requested and properly
seconded.
����� The question was taken on the Hortman
amendment and the roll was called.� There
were 90 yeas and 39 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doepke
Downey
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Knuth
Koenen
Kohls
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Dean
Demmer
Dettmer
Doty
Drazkowski
Eastlund
Falk
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Juhnke
Kelly
Kiffmeyer
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� The motion prevailed and the amendment was
adopted.
Ruud moved
to amend S. F. No. 3275, the unofficial engrossment, as amended,
as follows:
Page 22,
after line 23, insert:
"Sec. 40.� Minnesota Statutes 2008, section 86B.501, is
amended by adding a subdivision to read:
Subd. 4.� Rowing
team members; personal flotation devices.�
Notwithstanding subdivision 1, a member of a rowing team is not
required to wear or possess, and no local ordinance or rule may require a
member of a rowing team to wear or possess, a personal flotation device in a
racing shell if a chase boat carrying the devices prescribed under subdivision
1 accompanies the racing shell.
EFFECTIVE DATE.� This
section is effective the day following final enactment."
Renumber
the sections in sequence and correct internal references
Amend the
title accordingly
����� The motion prevailed and the amendment was
adopted.
Kohls moved
to amend S. F. No. 3275, the unofficial engrossment, as amended,
as follows:
Page 34,
after line 23, insert:
"Sec. 61.� Minnesota Statutes 2008, section 115.55, is
amended by adding a subdivision to read:
Subd. 5c.� Exemption.� Notwithstanding any law to the
contrary, if a local unit of government approves a system in error, and the
system is subsequently found noncompliant, the system is not subject to
upgrade, replacement, or discontinue of use requirements provided the
noncompliance stems only from the initial error in approval and no malfunction
of the system exists."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion did not prevail and the
amendment was not adopted.
Urdahl moved
to amend S. F. No. 3275, the unofficial engrossment, as amended,
as follows:
Page 40,
delete section 65, and insert:
"Sec. 65.� Minnesota Statutes 2008, section 116D.04,
subdivision 2a, is amended to read:
Subd. 2a.� When
prepared.� Where there is potential
for significant environmental effects resulting from any major governmental
action, the action shall be preceded by a detailed environmental impact
statement prepared by the responsible governmental unit.� A responsible governmental unit may
contract for the preparation of an environmental impact statement.� The environmental impact statement shall be
an analytical rather than an encyclopedic document which describes the proposed
action in detail, analyzes its significant environmental
impacts,
discusses appropriate alternatives to the proposed action and their impacts,
and explores methods by which adverse environmental impacts of an action could
be mitigated.� The environmental
impact statement shall also analyze those economic, employment and sociological
effects that cannot be avoided should the action be implemented.� To ensure its use in the decision-making
process, the environmental impact statement shall be prepared as rapidly and
early as practical in the formulation of an action. �No mandatory environmental impact statement
may be required for an ethanol plant, as defined in section 41A.09, subdivision
2a, paragraph (b), that produces less than 125,000,000 gallons of ethanol
annually and is located outside of the seven-county metropolitan area.�
(a) The
board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be
prepared as well as categories of actions for which no environmental review is
required under this section.
(b) The
responsible governmental unit shall promptly publish notice of the completion
of an environmental assessment worksheet in a manner to be determined by the
board and shall provide copies of the environmental assessment worksheet to the
board and its member agencies.� Comments
on the need for an environmental impact statement may be submitted to the
responsible governmental unit during a 30 day period following publication of
the notice that an environmental assessment worksheet has been completed.� The responsible governmental unit's decision
on the need for an environmental impact statement shall be based on the
environmental assessment worksheet and the comments received during the comment
period, and shall be made within 15 days after the close of the comment period.� The board's chair may extend the 15 day
period by not more than 15 additional days upon the request of the responsible
governmental unit.
(c) An
environmental assessment worksheet shall also be prepared for a proposed action
whenever material evidence accompanying a petition by not less than 25
individuals, submitted before the proposed project has received final approval
by the appropriate governmental units, demonstrates that, because of the nature
or location of a proposed action, there may be potential for significant
environmental effects.� Petitions
requesting the preparation of an environmental assessment worksheet shall be
submitted to the board.� The chair of the
board shall determine the appropriate responsible governmental unit and forward
the petition to it.� A decision on the
need for an environmental assessment worksheet shall be made by the responsible
governmental unit within 15 days after the petition is received by the
responsible governmental unit.� The
board's chair may extend the 15 day period by not more than 15 additional days
upon request of the responsible governmental unit.
(d) Except in
an environmentally sensitive location where Minnesota Rules, part 4410.4300,
subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:
(1) the
proposed action is:
(i) an
animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an
expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;
(2) the
application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance
with Pollution Control Agency feedlot rules; and
(3) the
county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit
for the animal feedlot facility unless another public meeting for citizen input
has been held with regard to the feedlot facility to be permitted.� The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.
(e) (d)
The board may, prior to final approval of a proposed project, require
preparation of an environmental assessment worksheet by a responsible
governmental unit selected by the board for any action where environmental
review under this section has not been specifically provided for by rule or
otherwise initiated.
(f) (e)
An early and open expedited process shall be utilized to limit
the scope of the environmental impact statement to a discussion of those
impacts, which, because of the nature or location of the project, have the
potential for significant environmental effects.� The same process shall be utilized to
determine the form, content and level of detail of the statement as well as the
alternatives which are appropriate for consideration in the statement.� In addition, the permits which will be
required for the proposed action shall be identified during the scoping process.� Further, the process shall identify those
permits for which information will be developed concurrently with the
environmental impact statement.� The
board shall provide in its rules for the expeditious completion of the scoping
process.� The determinations reached in
the process shall be incorporated into the order requiring the preparation of
an environmental impact statement.
(g) (f) The
responsible government unit shall, to the extent practicable, avoid duplication
and ensure coordination between state and federal environmental review and
between environmental review and environmental permitting.� Whenever practical, information needed by
a governmental unit for making final decisions on permits or other actions
required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.
(h) (g)
An environmental impact statement shall be prepared and its adequacy determined
within 280 120 days after notice of its preparation unless the
time is extended by consent of the parties or by the governor for good cause.� The responsible governmental unit shall
determine the adequacy of an environmental impact statement, unless within
60 days after notice is published that an environmental impact statement will
be prepared, the board chooses to determine the adequacy of an environmental
impact statement.� If an
environmental impact statement is found to be inadequate, the responsible
governmental unit shall have 60 45 days to prepare an adequate
environmental impact statement.� If
the responsible governmental unit fails to act within the time required under
this paragraph, the environmental impact statement is deemed adequate, unless a
written contract of exception has been agreed to by the project proposer.
(h) The
total time allowed for public comments during an environmental assessment
worksheet or environmental impact statement process shall be 30 days.
Sec. 66.� Minnesota Statutes 2008, section 116D.04,
subdivision 3a, is amended to read:
Subd. 3a.� Final
decisions.� Within 90 60
days after final approval of an environmental impact statement, final decisions
shall be made by the appropriate governmental units on those permits which were
identified as required and for which information was developed concurrently
with the preparation of the environmental impact statement.� Provided, however, that the 90-day 60-day
period may be extended where a longer period is required by federal law or
state statute or is consented to by the permit applicant.� The permit decision shall include the reasons
for the decision, including any conditions under which the permit is issued,
together with a final order granting or denying the permit.
Sec. 67.� Minnesota Statutes 2008, section 116D.04,
subdivision 11, is amended to read:
Subd. 11.� Failure
to act.� If the board or governmental
unit which is required to act within a time period specified in this section
fails to so act, any person may seek an order of the district court
requiring the board or governmental unit to immediately take the action
mandated by subdivisions 2a and 3a the permit or other government action
necessary is deemed approved and the project proposer may proceed with the
project.
Sec. 68.� Minnesota Statutes 2008, section 116D.04,
subdivision 13, is amended to read:
Subd. 13.� Enforcement.� This section may be enforced by
injunction, action to compel performance, or other appropriate action in the
district court of the county where the violation takes place.� Upon the request of the board or the chair
of the board, the attorney general may bring an action under this subdivision."
Page 43,
after line 4, insert:
"Sec. 71.� Minnesota Statutes 2008, section 116D.04, is
amended by adding a subdivision to read:
Subd. 15.� Rules.� The board shall, by June 30, 2011,
amend rules to conform to the changes to this section.� The rules adopted under this section are not
subject to the rulemaking procedures of chapter 14 and section 14.386 does not
apply.� Subsequent rulemaking authority
under this section must be explicitly authorized by the legislature."
Page 49,
delete section 78 and insert:
"Sec. 84.� REPEALER.�
(a)
Minnesota Statutes 2008, sections 90.172; 103G.295; 103G.650; and 116D.04,
subdivisions 4a, 5a, 9, and 10, are repealed.
(b)
Minnesota Statutes 2009 Supplement, section 88.795, is repealed."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Urdahl
amendment and the roll was called.� There
were 53 yeas and 76 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brown
Buesgens
Cornish
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Eken
Faust
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Juhnke
Kelly
Kiffmeyer
Koenen
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Olin
Otremba
Peppin
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Bunn
Carlson
Champion
Clark
Davnie
Dittrich
Falk
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Kahn
Kalin
Kath
Knuth
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Westrom and
Gardner moved to amend S. F. No. 3275, the unofficial
engrossment, as amended, as follows:
Page 48,
delete section 75
Renumber the
sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
����� The question was taken on the Westrom and
Gardner amendment and the roll was called.�
There were 53 yeas and 76 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Dean
Demmer
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eastlund
Gardner
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Howes
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Rosenthal
Rukavina
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Swails
Thao
Torkelson
Urdahl
Westrom
Zellers
����� Those who voted in the negative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Doty
Eken
Falk
Faust
Fritz
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
Anderson,
P.; Urdahl; Hamilton; Magnus; Torkelson and Gunther moved to amend S. F. No. 3275,
the unofficial engrossment, as amended, as follows:
Page 48,
after line 25, insert:
"Sec. 75.� ENVIRONMENT
AND NATURAL RESOURCES ORGANIZATION ADVISORY COMMITTEE.�
Subdivision
1.� Membership.� (a)
The Environment and Natural Resources Organization Advisory Committee of 26
members is created to advise the legislature and governor on an organization
for state agencies and local governments to administer environment and natural
resource policies.� The advisory
committee shall consist of:
(1) four
public members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
(2) two
members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration;
(3) four
public members appointed by the speaker of the house;
(4) two
members of the house of representatives appointed by the speaker of the house;
(5) six
public members appointed by the governor; and
(6) one
member representing each of the following organizations selected by the
organization:
(i)
Minnesota Farmers Union;
(ii)
Minnesota Farm Bureau Federation;
(iii)
Minnesota Agri-Growth Council;
(iv)
Minnesota Milk Producers Association;
(v)
Minnesota Corn Growers Association;
(vi)
Minnesota Soybean Growers Association;
(vii)
Minnesota Cattlemen's Association; and
(viii)
Minnesota Pork Producers.
The appointing
authorities shall consider geographic balance in making the appointments.� The senate appointments must include a
representative of city government.� The
house of representatives appointments must include a representative from county
government.� At least one member of the
house of representatives and the senate must be from the minority caucus.� The governor's appointments must include one
representing soil and water conservation districts, one representing watershed
districts, and one representing tribal governments.� All appointments to the advisory committee
shall have experience or expertise in the science, policy, or practice of the
protection, conservation, preservation, and enhancement of the state's
environment and natural resources and have strong knowledge in the state's
environment and natural resource issues around the state.� All appointments shall be made by August 15,
2010.
(b) Public
members of the advisory committee and task forces of the advisory committee are
entitled to reimbursement for per diem expenses, plus travel expenses incurred
in the services of the advisory committee, as provided in Minnesota Statutes,
section 15.059.
(c) Members
shall elect a chair.� The chair shall
preside and convene meetings as often as necessary to conduct duties prescribed
by this section.� Meetings of the
advisory committee shall be held in all regions of the state.
(d) The
Department of Finance shall provide for administrative services to the advisory
committee.� The commissioner of finance
shall call the first organizational meeting of the advisory committee by
September 1, 2010.
Subd. 2.� Duties.� The advisory committee shall recommend
a structure to provide an efficient and effective organization for state
agencies and local governments to administer environment and natural resource
policies.� In making its recommendations,
the advisory committee shall consider structures of organization that will
provide for the protection, conservation, preservation, and enhancement of the
state's environment and natural resources and will accomplish:
(1) a
reduction in redundant personnel;
(2)
accountability to the public;
(3)
consolidation of project-permitting functions;
(4)
professionalism in the provision of services;
(5) reduced
political influence in the process;
(6)
enhancing public participation and interaction with the public;
(7)
alignment of services to meet current and expected future needs;
(8)
utilization of new technology; and
(9) a
reduction in overall personnel needed that will be accomplished.
Subd. 3.� Public
meetings.� Meetings of the
advisory committee and task forces of the advisory committee must be open to
the public.� For purposes of this
subdivision, a meeting occurs when a quorum is present and action is taken
regarding a matter within the jurisdiction of the advisory committee and task
forces of the advisory committee.� Enforcement
of this subdivision is governed by Minnesota Statutes, section 13D.06,
subdivisions 1 and 2.
Subd. 4.� Intergovernmental
task force.� By October 15,
2010, the advisory committee shall establish a task force to assist in
coordinating state and local environmental and natural resource programs and
requirements.� The membership of the task
force must include equal and broad representation of state and local government
units.� By June 15, 2011, the task force
shall provide a report to the advisory committee on recommendations for
coordinating, streamlining, and consolidating state and local programs,
requirements, and functions relating to natural resources and the environment.
Subd. 5.� Employee
participation task force.� By
October 15, 2010, the advisory committee shall establish a task force to
identify employer and employee issues that will need to be considered in a
reorganization of state agencies responsible for administering environment and
natural resource policies.� The task
force must include representatives from both management and nonmanagement
personnel from each agency affected under sections 2 to 4.� By June 15, 2011, the task force shall
provide a report to the advisory committee on employee issues to consider in
reorganizing state environment and natural resource agencies.
Subd. 6.� Advisory
committee report.� The
advisory committee shall prepare a report on its recommendations for an efficient
and effective organization for state agencies and local governments to
administer environment and natural resource policies.� By August 15, 2011, the report must be
submitted to the governor and to the house of representatives and senate
environment, natural resources, and agricultural policy and finance committees
and divisions.
Subd. 7.� Sunset.� The advisory committee and all task
forces expire on September 1, 2011.
EFFECTIVE DATE.� This
section is effective the day following final enactment.
Sec. 76.� CONSIDERATION
OF AGENCIES.�
The
Department of Natural Resources, the Board of Water and Soil Resources, and the
Pollution Control Agency shall be considered by the advisory committee
established under section 1.
EFFECTIVE DATE.� This
section is effective the day following final enactment.
Sec. 77.� POWERS
AND DUTIES FROM OTHER AGENCIES.�
Subdivision
1.� Department of Agriculture.�
The following powers and duties of the Department of Agriculture
shall be considered by the advisory committee established under section 1:
(1)
regulation of fertilizers, soil amendments, agricultural liming, and plant
amendments under Minnesota Statutes, chapter 18C;
(2)
pesticide control under Minnesota Statutes, chapter 18B;
(3)
agriculture chemical incident response and cleanup under Minnesota Statutes,
chapter 18D;
(4)
chemical incident reimbursement under Minnesota Statutes, chapter 18E;
(5)
genetically engineered organisms under Minnesota Statutes, chapter 18F;
(6) urban
forest promotion under Minnesota Statutes, section 17.86;
(7)
groundwater protection under Minnesota Statutes, chapter 103H; and
(8) oil and
hazardous substance discharge preparedness under Minnesota Statutes, chapter
115E.
Subd. 2.� Department
of Health.� The following
powers and duties of the Department of Health shall be considered by the
advisory committee established under section 1:
(1) water
well program under Minnesota Statutes, chapter 103I;
(2) safe
drinking water program under Minnesota Statutes, sections 144.381 to 144.387;
(3) health
risk assessment under Minnesota Statutes, section 115B.17, subdivision 10;
(4)
domestic water supply protection under Minnesota Statutes, sections 144.35 to
144.37;
(5)
asbestos contractor licensing under Minnesota Statutes, sections 326.70 to
326.81;
(6) public
health laboratory regulation under Minnesota Statutes, sections 144.97 to
144.98;
(7) lead
poisoning prevention under Minnesota Statutes, sections 144.9501 to 144.9512;
(8)
hazardous substance exposure under Minnesota Statutes, section 145.94;
(9)
mosquito research under Minnesota Statutes, section 144.95;
(10)
environmental health tracking under Minnesota Statutes, sections 144.995 to
144.998;
(11) water
supply monitoring and health assessments under Minnesota Statutes, section
116.155; and
(12) health
risk limits under Minnesota Statutes, section 103H.201.
Subd. 3.� Department
of Commerce.� The following
powers and duties of the Department of Commerce shall be considered by the
advisory committee established under section 1:�
energy planning and conservation under Minnesota Statutes, chapter 216C.
Subd. 4.� Department
of Transportation.� The
following powers and duties of the Department of Transportation shall be
considered by the advisory committee established under section 1:� oil and hazardous substance discharge
preparedness under Minnesota Statutes, chapter 115E.
EFFECTIVE DATE.� This
section is effective the day following final enactment.
Sec. 78.� CONSIDERATION
OF BOARDS.�
The
Environmental Quality Board, the Harmful Substances Compensation Board, the
Petroleum Tank Release Compensation Board, and the Agricultural Chemical
Response Compensation Board shall be considered by the advisory committee
established under section 1.
EFFECTIVE DATE.� This
section is effective the day following final enactment."
Page 49,
after line 20, insert:
"(d)
Up to $255,000 in fiscal year 2011 is appropriated for agency staff time and
expenses from the forest nursery account for the purposes of sections 75 to 78.� This is a onetime appropriation."
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� The motion did not prevail and the
amendment was not adopted.
Kiffmeyer,
Kohls, Gottwalt, Severson, Zellers, Eastlund and Dean moved to amend S. F. No. 3275,
the unofficial engrossment, as amended, as follows:
Page 43,
delete section 67
Page 44,
delete section 68
Renumber
the sections in sequence and correct the internal references
Amend the
title accordingly
����� A roll call was requested and properly
seconded.
MOTION TO LAY ON THE TABLE
����� Drazkowski moved that
S. F. No. 3275, as amended, be laid on the table.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Drazkowski
motion and the roll was called.� There
were 31 yeas and 94 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Brod
Buesgens
Dean
Demmer
Dettmer
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Loon
Mack
Magnus
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Westrom
����� Those who voted in the negative were:
Anderson, S.
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doepke
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Morgan
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Zellers
Spk. Kelliher
����� The motion did not prevail.
����� The question recurred on the Kiffmeyer et
al amendment and the roll was called.�
There were 50 yeas and 79 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Doepke
Doty
Downey
Drazkowski
Eastlund
Faust
Fritz
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kath
Kelly
Kiffmeyer
Kohls
Lanning
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Obermueller
Olin
Peppin
Peterson
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Sterner
Torkelson
Urdahl
Welti
Westrom
Zellers
����� Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Eken
Falk
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Otremba
Pelowski
Persell
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Swails
Thao
Tillberry
Wagenius
Ward
Winkler
Spk. Kelliher
����� The motion did not prevail and the
amendment was not adopted.
����� Hamilton and Brod offered an amendment to
S. F. No. 3275, the unofficial engrossment, as amended.
POINT OF ORDER
����� Sertich raised a point of order pursuant
to rule 3.21 that the Hamilton and Brod amendment was not in order.� Speaker pro tempore Pelowski ruled the point
of order well taken and the Hamilton and Brod amendment out of order.
����� Hamilton appealed the decision of Speaker
pro tempore Pelowski.
����� A roll call was requested and properly
seconded.
����� The vote
was taken on the question "Shall the decision of Speaker pro tempore
Pelowski stand as the judgment of the House?" and the roll was
called.� There were 85 yeas and 45 nays
as follows:
����� Those who
voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Carlson
Champion
Clark
Davnie
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Knuth
Koenen
Laine
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� Those who
voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Bunn
Cornish
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kelly
Kiffmeyer
Kohls
Lanning
Lenczewski
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Smith
Torkelson
Urdahl
Westrom
Zellers
����� So it was the judgment of the House that the decision of
Speaker pro tempore Pelowski should stand.
����� S. F. No. 3275, A bill for an act relating to
state government; appropriating money from constitutionally dedicated funds;
modifying appropriation to prevent water pollution from polycyclic aromatic
hydrocarbons; modifying certain administrative accounts; modifying electronic
transaction provisions; providing for certain registration exemptions;
modifying all-terrain vehicle definitions; modifying all-terrain vehicle
operation restrictions; modifying state trails and canoe and boating routes;
modifying fees and disposition of certain receipts; modifying certain
competitive bidding exemptions; modifying horse trail pass provisions;
modifying beaver dam provisions; modifying the Water Law; modifying nongame
wildlife checkoffs; establishing an Environment and Natural Resources
Organization Advisory Committee to advise legislature and governor on new
structure for administration of environment and natural resource policies;
requiring an advisory committee to consider all powers and duties of Pollution
Control Agency, Department of Natural Resources, Environmental Quality Board,
Board of Water and Soil Resources, Petroleum Tank Release Compensation Board,
Harmful Substances Compensation Board, and Agricultural Chemical Response
Compensation Board and certain powers and duties of Departments of Agriculture,
Health, Transportation, and Commerce; modifying method of determining value of
acquired stream easements; providing for certain historic property exemption;
modifying state forest acquisition provisions; modifying certain requirements
for land sales; adding to and deleting from state parks and state forests;
authorizing public and private sales, conveyances, and exchanges of certain
state land; amending the definition of "green economy" to include the
concept of "green chemistry;" clarifying that an appropriation is to
the commissioner of commerce; establishing a program to provide rebates for
solar photovoltaic modules; providing for community
energy planning; modifying
Legislative Energy Commission and Public Utilities Commission provisions;
eliminating a legislative guide; appropriating money; amending Minnesota
Statutes 2008, sections 3.8851, subdivision 7; 84.025, subdivision 9; 84.027,
subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777, subdivision
2; 84.82, subdivision 3, by adding a subdivision; 84.92, subdivisions 9, 10;
84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.9256,
subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40; 85.015,
subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41, subdivision
3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3; 88.79,
subdivision 2; 89.032, subdivision 2; 90.041, by adding a subdivision; 90.121;
90.14; 97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3; 103G.285,
subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 103G.315,
subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision 2; 115A.02;
116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by adding a
subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota Statutes 2009
Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1; 84.9275,
subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09,
subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as
amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 176,
article 4, section 9; Laws 2010, chapter 215, article 3, section 4, subdivision
10; proposing coding for new law in Minnesota Statutes, chapters 85; 103G;
116C; repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3,
4, 5, 6, 7, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota
Statutes 2009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws
2009, chapter 172, article 5, section 8.
����� The bill was read for the third time, as
amended, and placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 92 yeas and 38 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Champion
Clark
Cornish
Davnie
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kalin
Kath
Kelly
Knuth
Koenen
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Smith
Solberg
Sterner
Swails
Thao
Tillberry
Wagenius
Ward
Welti
Winkler
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Buesgens
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Kiffmeyer
Kohls
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Peppin
Sanders
Scott
Seifert
Severson
Shimanski
Torkelson
Urdahl
Westrom
Zellers
����� The bill was passed, as amended, and its
title agreed to.
CALENDAR FOR THE DAY
����� Sertich moved that the remaining bills on
the Calendar for the Day be continued.�
The motion prevailed.
����� There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES
FROM THE SENATE
����� The following messages were received from
the Senate:
Madam Speaker:
����� I hereby announce
that the Senate accedes to the request of the House for the appointment of a
Conference Committee on the amendments adopted by the Senate to the following
House File:
H. F. No. 2614, A bill for an act
relating to state government; licensing; state health care programs; continuing
care; children and family services; health reform; Department of Health; public
health; health plans; assessing administrative penalties; modifying foreign operating
corporation taxes; requiring reports; making supplemental and contingent
appropriations and reductions for the Departments of Health and Human Services
and other health-related boards and councils; amending Minnesota Statutes 2008,
sections 62D.08, by adding a subdivision; 62J.07, subdivision 2, by adding a
subdivision; 62J.38; 62J.692, subdivision 4; 62Q.19, subdivision 1; 62Q.76,
subdivision 1; 62U.05; 119B.025, subdivision 1; 119B.09, subdivision 4;
119B.11, subdivision 1; 144.05, by adding a subdivision; 144.226, subdivision
3; 144.291, subdivision 2; 144.293, subdivision 4, by adding a subdivision;
144.651, subdivision 2; 144.9504, by adding a subdivision; 144A.51, subdivision
5; 144E.37; 214.40, subdivision 7; 245C.27, subdivision 2; 245C.28, subdivision
3; 246B.04, subdivision 2; 254B.01, subdivision 2; 254B.02, subdivisions 1, 5;
254B.03, subdivision 4, by adding a subdivision; 254B.05, subdivision 4;
254B.06, subdivision 2; 254B.09, subdivision 8; 256.01, by adding a
subdivision; 256.9657, subdivision 3; 256B.04, subdivision 14; 256B.055, by
adding a subdivision; 256B.056, subdivisions 3, 4; 256B.057, subdivision 9;
256B.0625, subdivisions 8, 8a, 8b, 18a, 22, 31, by adding subdivisions;
256B.0631, subdivisions 1, 3; 256B.0644, as amended; 256B.0754, by adding a
subdivision; 256B.0915, subdivision 3b; 256B.19, subdivision 1c; 256B.441, by
adding a subdivision; 256B.5012, by adding a subdivision; 256B.69, subdivisions
20, as amended, 27, by adding subdivisions; 256B.692, subdivision 1; 256B.75; 256B.76,
subdivisions 2, 4, by adding a subdivision; 256D.03, subdivision 3b; 256D.0515;
256D.425, subdivision 2; 256I.05, by adding a subdivision; 256J.20, subdivision
3; 256J.24, subdivision 10; 256J.37, subdivision 3a; 256J.39, by adding
subdivisions; 256L.02, subdivision 3; 256L.03, subdivision 3, by adding a
subdivision; 256L.04, subdivision 7; 256L.05, by adding a subdivision; 256L.07,
subdivision 1, by adding a subdivision; 256L.12, subdivisions 5, 6, 9; 256L.15,
subdivision 1; 290.01, subdivision 5, by adding a subdivision; 290.17,
subdivision 4; 326B.43, subdivision 2; 626.556, subdivision 10i; 626.557,
subdivision 9d; Minnesota Statutes 2009 Supplement, sections 62J.495,
subdivisions 1a, 3, by adding a subdivision; 157.16, subdivision 3; 245A.11, subdivision
7b; 245C.27, subdivision 1; 246B.06, subdivision 6; 252.025, subdivision 7;
252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivision 3a;
256B.056, subdivision 3c; 256B.0625, subdivisions 9, 13e; 256B.0653,
subdivision 5; 256B.0911, subdivision 1a; 256B.0915, subdivision 3a; 256B.69,
subdivisions 5a, 23; 256B.76, subdivision 1; 256B.766; 256D.03, subdivision 3,
as amended; 256D.44, subdivision 5; 256J.425, subdivision 3; 256L.03,
subdivision 5; 256L.11, subdivision 1; 289A.08, subdivision 3; 290.01,
subdivisions 19c, 19d; 327.15, subdivision 3; Laws 2005, First Special Session
chapter 4, article 8, section 66, as amended; Laws 2009, chapter 79, article 3,
section 18; article 5, sections 17; 18; 22; 75, subdivision 1; 78, subdivision
5; article 8, sections 2; 51; 81; article 13, sections 3, subdivisions 1, as
amended, 3, as amended, 4, as amended, 8, as amended;
5, subdivision 8, as amended; Laws 2009, chapter 173,
article 1, section 17; Laws 2010, chapter 200, article 1, sections 12, subdivisions
5, 6, 7, 8; 13, subdivision 1b; 16; 21; article 2, section 2, subdivisions 1,
8; proposing coding for new law in Minnesota Statutes, chapters 62A; 62D; 62E;
62J; 62Q; 144; 245; 254B; 256; 256B; proposing coding for new law as Minnesota
Statutes, chapter 62V; repealing Minnesota Statutes 2008, sections 254B.02,
subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7; 256D.03, subdivisions 3a,
3b, 5, 6, 7, 8; 290.01, subdivision 6b; 290.0921, subdivision 7; Minnesota
Statutes 2009 Supplement, section 256D.03, subdivision 3; Laws 2009, chapter
79, article 7, section 26, subdivision 3; Laws 2010, chapter 200, article 1,
sections 12, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 18; 19.
The Senate has appointed as such committee:
Senators Berglin, Prettner Solon, Sheran, Lourey and
Dille.
Said House File is herewith returned to the House.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
Madam
Speaker:
����� I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
����� S. F. No. 271, A bill for
an act relating to state government; providing additional whistleblower
protection to state employees; amending Minnesota Statutes 2008, section
181.932, subdivision 1.
The Senate respectfully requests that a Conference Committee
be appointed thereon.� The Senate has
appointed as such committee:
Senators Olson, M.; Dibble and Limmer.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Loeffler moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on
S. F. No. 271.� The motion
prevailed.
Madam
Speaker:
����� I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 1905, A bill for an act relating to
insurance; establishing a small group market working group; requiring a report.�
The Senate respectfully requests that a Conference Committee
be appointed thereon.� The Senate has
appointed as such committee:
Senators Scheid, Sparks and Koch.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Loeffler moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on
S. F. No. 1905.� The
motion prevailed.
Madam
Speaker:
����� I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2505, A bill for an act relating to
child care; appropriating money to provide statewide child care provider
training, coaching, consultation, and supports to prepare for the voluntary
Minnesota quality rating system.
The Senate respectfully requests that a Conference Committee
be appointed thereon.� The Senate has
appointed as such committee:
Senators Bonoff, Michel and Saxhaug.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Slawik moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2505.� The motion prevailed.
Madam
Speaker:
����� I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
����� S. F. No. 2510, A bill for
an act relating to economic development; amending the definition of green
economy to include the concept of green chemistry; creating a fast-action
economic response team; expanding the Minnesota investment fund; removing a
grant program restriction; expanding loan program to veteran-owned small
businesses; creating the Minnesota Science and Technology Authority; providing
for a comparative study of state laws affecting small business start-ups;
modifying certain unemployment insurance administrative, benefit, and tax
provisions; protecting customers from injuries resulting from use of inflatable
play equipment; modifying labor and industry licensing and certain license fee
provisions; modifying enforcement requirements of the State Building Code;
modifying the requirements of the Manufactured Home Building Code; allowing
expedited rulemaking; providing for licensing and regulation of individuals
engaged in mortgage loan origination or mortgage loan business; providing for licensing
and regulation of appraisal management companies; providing for property
acquisition from petroleum tank fund proceeds; clarifying requirements for
granting additional cable franchises; regulating cadmium in children's jewelry;
regulating the sale and termination of portable electronics insurance;
authorizing amendments to a municipal comprehensive plan for affordable
housing; amending Iron Range resources provisions; requiring certain reports;
appropriating money; amending Minnesota Statutes 2008, sections 58.04,
subdivision 1; 58.08, by adding a subdivision; 58.09; 58.10, subdivision 1;
58.11; 60K.36, subdivision 2; 60K.38, subdivision 1; 82B.05, subdivision 5, by
adding a subdivision; 82B.06; 115C.08, subdivision 1; 116J.437, subdivision 1;
116J.8731, subdivisions 1, 4; 116J.996; 181.723, subdivision 5; 238.08,
subdivision 1; 268.035, subdivision 20; 268.046, subdivision 1; 268.051,
subdivisions 2, 5, 7; 268.07, as amended; 268.085, subdivision 9; 326B.106,
subdivision 9; 326B.133, subdivisions 1, 3, 8, 11, by adding subdivisions;
326B.16; 326B.197; 326B.33, subdivisions 18, 20, 21; 326B.42, by adding
subdivisions; 326B.44; 326B.46, as amended; 326B.47; 326B.475, subdivision 2;
326B.50, by
adding
subdivisions; 326B.54; 326B.55, as amended if enacted; 326B.56, as amended;
326B.805, subdivision 6; 326B.83, subdivisions 1, 3, 6; 326B.865; 326B.921,
subdivisions 2, 4, 7; 326B.922; 326B.978, subdivision 2, by adding a
subdivision; 327.31, subdivision 17, by adding subdivisions; 327.32,
subdivision 1, by adding subdivisions; 327B.04, subdivision 2; 462.355,
subdivision 3; Minnesota Statutes 2009 Supplement, sections 58.06, subdivision
2; 60K.55, subdivision 2; 82B.05, subdivision 1; 115C.08, subdivision 4;
116J.8731, subdivision 3; 116L.20, subdivision 1; 268.035, subdivision 19a;
268.052, subdivision 2; 268.053, subdivision 1; 268.085, subdivision 1;
268.136, subdivision 1; 326B.33, subdivision 19; 326B.475, subdivision 4;
326B.49, subdivision 1; 326B.58; 326B.815, subdivision 1; 326B.86, subdivision
1; 326B.94, subdivision 4; 326B.986, subdivision 5; 327B.04, subdivisions 7,
7a, 8; 327B.041; Laws 2009, chapter 78, article 1, section 3, subdivision 2;
Laws 2010, chapter 216, section 58; proposing coding for new law in Minnesota
Statutes, chapters 60K; 116J; 184B; 325E; 326B; proposing coding for new law as
Minnesota Statutes, chapters 58A; 82C; 116W; repealing Minnesota Statutes 2008,
sections 116J.657; 326B.133, subdivisions 9, 10; 326B.37, subdivision 13;
326B.475, subdivisions 5, 6; 326B.56, subdivision 3; 326B.885, subdivisions 3,
4; 326B.976; 327.32, subdivision 4; 327C.07, subdivisions 3, 3a, 8; Minnesota
Statutes 2009 Supplement, sections 58.126; 326B.56, subdivision 4; Laws 2010,
chapter 215, article 9, section 3; Minnesota Rules, parts 1301.0500; 1301.0900;
1301.1100, subparts 2, 3, 4; 1350.7200, subpart 3; 1350.8000, subpart 2.
The Senate respectfully requests that a Conference Committee
be appointed thereon.� The Senate has
appointed as such committee:
����� Senators Tomassoni, Sparks, Saltzman, Kelash and Sieben.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Obermueller moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 5 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on
S. F. No. 2510.� The
motion prevailed.
Madam
Speaker:
����� I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2540, A bill for an act relating to
transportation; modifying or adding provisions relating to truck insurance,
school bus transportation, transportation construction impacts on business,
rest areas, highways, bridges, transportation contracts, variances from rules
and engineering standards for local streets and highways, the state park road
account, tax-exempt vehicles, license plates, deputy registrars, vehicles and
drivers, impounds, towing, pedestrians, intersection gridlock, bus and type III
vehicle operation, various traffic regulations, cargo tank vehicle weight
exemptions, drivers' licenses, transportation department goals and mission, the
Disadvantaged Business Enterprise Collaborative, a Minnesota Council of
Transportation Access, complete streets, a Commuter Rail Corridor Coordinating
Committee, railroad track safety, motor carriers, allocation of traffic fines,
airport authorities, property acquisition for highways, transit, town road
interest extinguishment nullification, Northstar commuter rail, and roundabouts
design; providing for State Patrol tax compliance and vehicle crimes
investigations; providing for issuance and sale of trunk highway bonds;
requiring reports; making technical and clarifying changes; appropriating
money; amending Minnesota Statutes 2008, sections 65B.43, subdivision 2;
161.14, by adding subdivisions; 161.3426, subdivision 3, by adding a
subdivision; 162.02, subdivision 3a; 162.09, subdivision 3a; 165.14,
subdivisions 4, 5; 168.12, subdivisions 2a, 2b, by adding a subdivision;
168.123, subdivisions 1, 2; 168.1255, subdivision 1; 168.1291, subdivisions 1,
2; 168.33, subdivision 2; 168B.04, subdivision 2; 168B.06, subdivision 1;
168B.07, subdivision 3; 169.041, subdivision 5; 169.09,
subdivision 5a; 169.15; 169.26, by adding a subdivision; 169.306; 169.79,
subdivision 3; 169.87, by adding a subdivision; 169.92, subdivision 4; 171.321,
subdivision 2; 174.01, subdivisions 1, 2; 174.02, subdivision 1a; 174.86,
subdivision 5; 219.01; 221.012, subdivision 38, by adding a subdivision;
221.0252, subdivision 7; 221.036, subdivisions 1, 3; 221.221, subdivision 3;
221.251, subdivision 1; 360.061, subdivision 3; 473.167, subdivision 2a; 473.411,
subdivision 5; 514.18, subdivision 1a; Minnesota Statutes 2009 Supplement,
sections 123B.92, subdivision 1; 160.165; 161.14, subdivision 62; 162.06,
subdivision 5; 168.012, subdivision 1; 168.12, subdivision 5; 169.71,
subdivision 1; 169.865, subdivision 1; 171.02, subdivision 2b; 174.66; 221.026,
subdivision 2; 221.031, subdivision 1; 221.122, subdivision 1; 299D.03,
subdivision 5; Laws 2008, chapter 287, article 1, section 122; Laws 2009,
chapter 36, article 1, sections 1; 3, subdivisions 1, 2, 3; 5, subdivisions 1,
3, 4; proposing coding for new law in Minnesota Statutes, chapters 160; 168;
174; 221; 383D; repealing Minnesota Statutes 2008, sections 169.041,
subdivisions 3, 4; 221.161, subdivisions 2, 3; 221.291, subdivision 5;
Minnesota Statutes 2009 Supplement, sections 221.161, subdivisions 1, 4;
221.171; Minnesota Rules, parts 7805.0300; 7805.0400.
The Senate respectfully requests that a Conference Committee
be appointed thereon.� The Senate has
appointed as such committee:
Senators Murphy, Dibble, Jungbauer, Saltzman and Sieben.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Hornstein moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 5 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on S. F. No. 2540.� The motion prevailed.
Madam Speaker:
����� I hereby announce that the Senate refuses
to concur in the House amendments to the following Senate File:
S. F. No. 2695, A bill for an act relating to
health; modifying mandatory reporting requirements related to pregnant women;
amending Minnesota Statutes 2008, section 626.5561, subdivision 1.
The Senate respectfully requests that a Conference Committee
be appointed thereon.� The Senate has
appointed as such committee:
Senators Sheran, Higgins and Ortman.
Said Senate File is herewith transmitted to the House with
the request that the House appoint a like committee.
Colleen J. Pacheco, First
Assistant Secretary of the Senate
����� Ruud moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2695.� The motion prevailed.
Madam Speaker:
����� I
hereby announce the passage by the Senate of the following Senate Files, herewith
transmitted:
����� S. F. Nos. 2496,
2998, 3019, 3029 and 3079.
Colleen J. Pacheco, First Assistant Secretary of the Senate
Madam Speaker:
����� I hereby announce
that the Senate has concurred in and adopted the report of the Conference
Committee on:
����� S. F. No. 915.
����� The Senate has
repassed said bill in accordance with the recommendation and report of the
Conference Committee.� Said Senate File
is herewith transmitted to the House.
Colleen J.� Pacheco, First Assistant Secretary of the
Senate
CONFERENCE COMMITTEE REPORT
ON S. F. NO. 915
A bill for an act relating to insurance; requiring
school districts to obtain employee health coverage through the public
employees insurance program; appropriating money; amending Minnesota Statutes
2008, sections 43A.316, subdivisions 9, 10, by adding subdivisions; 62E.02,
subdivision 23; 62E.10, subdivision 1; 62E.11, subdivision 5; 297I.05,
subdivision 5; 297I.15, subdivision 3.
February 16, 2010
The
Honorable James P. Metzen
President
of the Senate
The Honorable
Margaret Anderson Kelliher
Speaker of
the House of Representatives
We, the undersigned conferees for S. F. No. 915
report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 915
be further amended as follows:
Delete everything after the enacting clause and
insert:
"Section 1.�
Minnesota Statutes 2008, section 43A.316, is amended by adding a
subdivision to read:
Subd. 3a.� Health
improvement programs.� The
commissioner, with the approval of the school employee insurance committee, is
authorized to plan, develop, purchase, administer, and evaluate disease
management and other programs, strategies, and incentives to improve the health
and health outcomes of members.
Sec. 2.� Minnesota
Statutes 2008, section 43A.316, subdivision 9, is amended to read:
Subd. 9.� Insurance trust fund.� (a) The insurance trust fund in
the state treasury consists of deposits of the premiums received from employers
participating in the program and transfers before July 1, 1994, from the excess
contributions holding account established by section 353.65, subdivision 7.� All money in the fund is appropriated to the
commissioner to pay insurance premiums, approved claims, refunds, administrative
costs, and other related service costs, including costs incurred
under chapters 62E and 297I in connection with the school employee insurance
program.� Premiums paid by employers
to the fund are exempt from the taxes imposed by chapter 297I, except as described
in paragraph (b).� The commissioner
shall reserve an amount of money to cover the estimated costs of claims
incurred but unpaid.� The State Board of
Investment shall invest the money according to section 11A.24.� Investment income and losses attributable to
the fund must be credited to the fund.�
(b) Notwithstanding paragraph (a),
premium revenues collected from the school employee insurance program,
described in subdivisions 12 and 13, are not exempt from the taxes imposed
under section 297I.05, subdivision 15.
Sec. 3.� Minnesota
Statutes 2008, section 43A.316, subdivision 10, is amended to read:
Subd. 10.� Exemption.�
(a) The public employee insurance program and, where
applicable, the employers participating in it are exempt from chapters 60A,
62A, 62C, 62D, 62E, and 62H, section 471.617, subdivisions 2 and 3, and the
bidding requirements of section 471.6161.�
(b) Notwithstanding paragraph (a),
the school employee insurance program, described in subdivisions 12 and 13, is
a contributing member of the Minnesota Comprehensive Health Association and
must pay assessments made by the association on the premium revenue attributed
to the school employee insurance program, prorated as provided in section
62E.11, subdivision 5, paragraph (b).
Sec. 4.� Minnesota
Statutes 2008, section 43A.316, is amended by adding a subdivision to read:
Subd. 11.� Definitions.� (a) For purposes of subdivisions 11 to
16, the terms defined in this subdivision have the meanings given.
(b) "Eligible employee"
means an employee of a school employer, a dependent of such an employee, a
retiree, or other person, who is eligible for health insurance coverage under
the school employer's plan.
(c) "School Employee Insurance
Committee" means the committee created in subdivision 14.
(d) "School employer"
means a school district as defined in section 120A.05, service cooperative as
defined in section 123A.21, intermediate district as defined in section
136D.01, Cooperative Center for Vocational Education as defined in section 123A.22,
regional management information center as defined in section 123A.23, or an
education unit organized under a joint powers agreement under section 471.59.�
Sec. 5.� Minnesota
Statutes 2008, section 43A.316, is amended by adding a subdivision to read:
Subd. 12.� School
employee insurance program.� The
commissioner shall develop and administer within the public employees insurance
program a separately rated and administered program for eligible employees of
school employers, to be called the school employee insurance program.� The initial offerings shall be the PEIP
Advantage, Advantage Value, and Advantage HSA plans offered by the public
employee insurance program.� Health
coverage offered through the school employee insurance program shall be made available
beginning January 1, 2012.
Sec. 6.� Minnesota
Statutes 2008, section 43A.316, is amended by adding a subdivision to read:
Subd. 13.� Enrollment;
school employee insurance program.� (a)
A school employer that provides health coverage to eligible employees or
contributes money to pay for all or part of the cost of health coverage for
eligible employees, must purchase such coverage through the school employee
insurance program under subdivision 12.� School
employers described in paragraph (b) may opt out as described in paragraphs (b)
to (e).
(b) The school board of a school
employer and each exclusive representative of employees of a school employer
which, on July 1, 2010, was individually self-insured shall jointly determine
whether the employees the exclusive representative represents will opt out of
the school employee insurance program, in the same manner described in
subdivision 5, paragraph (b).� Paragraphs
(c), (d), and (e) below apply only to school employees of the school employers
described in this paragraph.
(c) School employees not
represented by an exclusive representative may enter the school employee
insurance program in the same manner described in subdivision 5, paragraph (c).
(d) School employees who do not
enter the program upon first becoming eligible for participation are ineligible
to participate for four years and must be pooled and rated separately from the
other enrollees in the school employee insurance program for the first four
years after entering the program.� This
paragraph does not apply to a school employee upon later becoming a member of a
school employee group that has not declined participation.
(e) The decision of a school board
of a school employer and an exclusive representative of school employees or, in
the case of unorganized employees, the decision of the school board of a school
employer, to not opt-out of entry into the school employee insurance program is
irrevocable and applies to all future years.
Sec. 7.� Minnesota
Statutes 2008, section 43A.316, is amended by adding a subdivision to read:
Subd. 14.� School
Employee Insurance Committee.� (a)
Notwithstanding any other provision of law, all plan design decisions,
including all pilot or demonstration programs in which school employees
participate, must first be developed by the School Employee Insurance Committee
in consultation with the commissioner or the commissioner's designee and other
consultants as the committee sees fit.� This
paragraph does not apply to the initial offerings specified in subdivision 12.
(b) The committee must be composed
of 14 members who represent school district employees and employers in equal
number.� The employee representatives
shall be appointed as follows:� four
shall be appointed by Education Minnesota, one shall be appointed by the
Service Employees International Union, one shall be appointed by the American
Federation of State, County, and Municipal Employees, and one shall be
appointed by the Minnesota School Employees Association.� The seven school employer representatives who
serve on the School Employee Insurance Committee must be appointed by the
Minnesota School Boards Association, and geographic representation must be
taken into consideration when making the appointments.� Members of the committee shall serve at the
will of the appointing organization.� The
committee will select a chair from its membership.
(c) The School Employee Insurance
Committee members are eligible for compensation and expense reimbursement under
section 15.0575, subdivision 3.� In
addition, if actual salary is lost by a committee member, or if a cost is
charged by an employer of a committee member for time missed while performing
the duties of a committee member, then the commissioner shall reimburse the
member for the lost salary or the cost from funds appropriated for the
operations of the committee.�
(d) The commissioner shall provide
the necessary meeting space and staff support for the committee.
Sec. 8.� Minnesota
Statutes 2008, section 43A.316, is amended by adding a subdivision to read:
Subd. 15.� Reinsurance.� The commissioner shall, on behalf of
the program, participate in an insured or self-insured reinsurance pool for the
first three years of the program and may continue to participate in a
reinsurance pool after the first three years.
Sec. 9.� Minnesota
Statutes 2008, section 43A.316, is amended by adding a subdivision to read:
Subd. 16.� Nonidentifiable
aggregate claims data from past coverage.�
Upon request by the commissioner, entities that are providing or
have provided coverage to eligible employees of school employers within two
years before the effective date of this section, shall provide to the
commissioner at no charge nonidentifiable aggregate claims data for that
coverage.� The information must include
data relating to employee group benefit sets, demographics, and claims
experience.� Notwithstanding section
13.203, Minnesota service cooperatives must comply with this subdivision.
Sec. 10.� Minnesota
Statutes 2008, section 62E.02, subdivision 23, is amended to read:
Subd. 23.� Contributing member.� "Contributing member" means
those companies regulated under chapter 62A and offering, selling, issuing, or
renewing policies or contracts of accident and health insurance; health
maintenance organizations regulated under chapter 62D; nonprofit health service
plan corporations regulated under chapter 62C; community integrated service
networks regulated under chapter 62N; fraternal benefit societies regulated
under chapter 64B; the Minnesota employees insurance program established in
section 43A.317, effective July 1, 1993; and joint self-insurance plans
regulated under chapter 62H; and the school employee insurance program
created under section 43A.316.� For
the purposes of determining liability of contributing members pursuant to
section 62E.11 payments received from or on behalf of Minnesota residents for
coverage by a health maintenance organization oder, a community
integrated service network, or the school employee insurance program
shall be considered to be accident and health insurance premiums.�
Sec. 11.� Minnesota
Statutes 2008, section 62E.10, subdivision 1, is amended to read:
Subdivision 1.� Creation and membership; tax
exemption.� (a) There is
established a Comprehensive Health Association to promote the public health and
welfare of the state of Minnesota with membership consisting of all insurers;
self-insurers; fraternals; joint self-insurance plans regulated under chapter
62H; the Minnesota employees insurance program established in section 43A.317,
effective July 1, 1993; the school employee insurance program created under
section 43A.316, subdivision 12; health maintenance organizations; and
community integrated service networks licensed or authorized to do business in
this state.�
(b) The
Comprehensive Health Association is exempt from the taxes imposed under chapter
297I and any other laws of this state and all property owned by the association
is exempt from taxation.�
Sec. 12.� Minnesota
Statutes 2008, section 62E.11, subdivision 5, is amended to read:
Subd. 5.� Allocation of losses.� (a) Each contributing member of
the association shall share the losses due to claims expenses of the
comprehensive health insurance plan for plans issued or approved for issuance
by the association, and shall share in the operating and administrative
expenses incurred or estimated to be incurred by the association incident to
the conduct of its affairs.� Claims
expenses of the state plan which exceed the premium payments allocated to the
payment of benefits shall be the liability of the contributing members.� Contributing members shall share in the
claims expense of the state plan and operating and administrative expenses of
the association in an amount equal to the ratio of the contributing member's
total accident and health insurance premium, received from or on behalf of
Minnesota residents as divided by the total accident and health insurance
premium, received by all contributing members from or on behalf of Minnesota
residents, as determined by the
commissioner.� Payments
made by the state to a contributing member for medical assistance,
MinnesotaCare, or general assistance medical care services according to
chapters 256, 256B, and 256D shall be excluded when determining a contributing
member's total premium.
(b) In making the allocation of
losses provided in paragraph (a) in each future year, the association's
assessment against the school employee insurance program must be based on
premiums received by the school employee insurance program in that future year
from the school employers that, on May 1, 2010, were receiving health care
coverage from a contributing member of the association.� The association shall assess the premiums
paid in each future year by those employers at the same rate as premiums paid
to other members of the association.� For
purposes of this calculation, premiums of the program used must be net of rate
credits and retroactive rate refunds on the same basis as the premiums of other
association members.
Sec. 13.� Minnesota
Statutes 2008, section 297I.05, is amended by adding a subdivision to read:
Subd. 15.� School
employee insurance program.� A
tax is imposed on the school employee insurance program created under section
43A.316, subdivision 12.� The tax must be
assessed upon gross premiums less return premiums received by the school
employee insurance program in that calendar year from a school employer that,
on May 1, 2010, was purchasing health care coverage from an entity that is
required to pay tax under subdivision 1, 3, 4, or 5.� The commissioner shall assess the premiums
paid in each year to the school employee insurance program by those employers
at the same rate as premiums paid by the entities under subdivision 1, 3, 4, or
5 as applicable to the school employer.
Sec. 14.� Minnesota
Statutes 2008, section 297I.15, subdivision 3, is amended to read:
Subd. 3.� Public employees insurance program.� Premiums paid to the public employees
insurance program under section 43A.316 are exempt from the taxes imposed under
this chapter, except for premiums paid to the school employee insurance
program as provided in section 297I.05, subdivision 15.
Sec. 15.� APPOINTMENTS TO SCHOOL EMPLOYEE
INSURANCE COMMITTEE; FIRST MEETING.�
The appointing authorities under
Minnesota Statutes, section 43A.316, subdivision 14, shall complete their
initial appointments no later than August 1, 2010.� The commissioner of finance, or the
commissioner's designee, shall convene the first meeting of the school employee
insurance committee within 30 days after determining that (1) an amendment or
change to the coverage offered under Minnesota Statutes, section 43A.316,
subdivision 12, is necessary; or (2) advice from the committee concerning the administration
of the coverage would assist the commissioner.
Sec. 16.� START-UP FUNDING; ADMINISTRATION OF
ONGOING REVENUES AND EXPENSES.�
(a) The commissioner of Minnesota
Management and Budget shall use funds available in the insurance trust fund
under Minnesota Statutes, section 43A.316, subdivision 9, in the form of
temporary funding to pay for the administrative start-up costs necessary under
this act.� In addition to the amounts of
temporary funding, the commissioner shall determine the amount of interest lost
to the insurance trust fund as a result of the temporary funding.
(b) The commissioner of Minnesota
Management and Budget shall impose an enrollment fee upon the premium charged
for the first three months of coverage under the school employee insurance
program created in this act sufficient to repay to the insurance trust fund the
loans provided to cover the start-up costs incurred by the commissioner under
paragraph (a), plus foregone interest to the insurance trust fund, as
determined under paragraph (a).� The
commissioner shall deposit the enrollment fees in the insurance trust fund.
(c) All costs incurred and revenue
received by the commissioner of Minnesota Management and Budget under this act
in addition to those dealt with in paragraphs (a) and (b), shall on an ongoing
basis be deposited into and paid out of the insurance trust fund as provided in
Minnesota Statutes, section 43A.316, subdivision 9, as amended in this act.
Sec. 17.� EFFECTIVE DATE.�
Sections 1 to 6 and 8 to 12 are effective
for coverage to begin January 1, 2012.� Sections
7 and 15 are effective August 1, 2010."
Delete the title and insert:
"A bill for an act relating to insurance;
requiring school districts to obtain employee health coverage through the
public employees insurance program; imposing a gross premiums tax on the
program; imposing an enrollment fee; amending Minnesota Statutes 2008, sections
43A.316, subdivisions 9, 10, by adding subdivisions; 62E.02, subdivision 23;
62E.10, subdivision 1; 62E.11, subdivision 5; 297I.05, by adding a subdivision;
297I.15, subdivision 3."
We request the adoption of this report and repassage
of the bill.
Senate Conferees:� D.
Scott Dibble, Mary Olson, Julie Rosen, Tony Lourey and Gary Kubly.
House Conferees:� Larry Hosch,
Tom Anzelc, Sandra Peterson, Lyndon Carlson and Gregory Davids.
����� Hosch moved that the report of the
Conference Committee on S. F. No. 915 be adopted and that the
bill be repassed as amended by the Conference Committee.
����� Doepke moved that the House refuse to
adopt the Conference Committee report on S. F. No. 915, and that
the bill be returned to the Conference Committee.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Doepke
motion and the roll was called.� There
were 55 yeas and 75 nays as follows:
����� Those who voted in the affirmative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Brod
Brynaert
Buesgens
Bunn
Davnie
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Holberg
Hoppe
Kalin
Kelly
Kiffmeyer
Kohls
Lanning
Lillie
Loeffler
Loon
Mack
Magnus
McFarlane
McNamara
Murdock
Nornes
Norton
Peppin
Ruud
Sanders
Scott
Seifert
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Torkelson
Westrom
Winkler
Zellers
����� Those who voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Carlson
Champion
Clark
Cornish
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rosenthal
Rukavina
Sailer
Scalze
Sertich
Solberg
Thao
Tillberry
Urdahl
Wagenius
Ward
Welti
Spk.
Kelliher
����� The motion did not prevail.
����� The question recurred on the Hosch motion
that the report of the Conference Committee on S. F. No. 915 be
adopted and that the bill be repassed as amended by the Conference
Committee.� The motion prevailed.
����� S. F. No. 915, A bill for
an act relating to insurance; requiring school districts to obtain employee
health coverage through the public employees insurance program; appropriating
money; amending Minnesota Statutes 2008, sections 43A.316, subdivisions 9, 10,
by adding subdivisions; 62E.02, subdivision 23; 62E.10, subdivision 1; 62E.11,
subdivision 5; 297I.05, subdivision 5; 297I.15, subdivision 3
����� The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 77 yeas and 53 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Bigham
Bly
Brown
Carlson
Champion
Clark
Cornish
Dittrich
Doty
Eken
Falk
Faust
Fritz
Gardner
Gunther
Hamilton
Hansen
Hausman
Haws
Hayden
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jackson
Johnson
Juhnke
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Loeffler
Magnus
Mahoney
Mariani
Marquart
Masin
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Obermueller
Olin
Otremba
Paymar
Pelowski
Persell
Peterson
Poppe
Reinert
Rukavina
Sailer
Scalze
Sertich
Solberg
Thao
Tillberry
Torkelson
Urdahl
Ward
Welti
Spk. Kelliher
����� Those who voted in the negative were:
Anderson, B.
Anderson, P.
Anderson, S.
Beard
Benson
Brod
Brynaert
Buesgens
Bunn
Davnie
Dean
Demmer
Dettmer
Doepke
Downey
Drazkowski
Eastlund
Garofalo
Gottwalt
Greiling
Hackbarth
Holberg
Hoppe
Kalin
Kelly
Kiffmeyer
Kohls
Lanning
Lillie
Loon
Mack
McFarlane
McNamara
Murdock
Nornes
Peppin
Rosenthal
Ruud
Sanders
Scott
Seifert
Severson
Shimanski
Simon
Slawik
Slocum
Smith
Sterner
Swails
Wagenius
Westrom
Winkler
Zellers
����� The bill was repassed, as amended by
Conference, and its title agreed to.
FIRST READING OF SENATE
BILLS
S. F. No. 2496,
A bill for an act relating to state government; establishing the Task Force for
Policy Innovation and Research.�
The bill
was read for the first time and referred to the Committee on State and Local
Government Operations Reform, Technology and Elections.
S. F. No. 2998,
A bill for an act relating to human services; modifying authorization of PACE
programs; appropriating money; amending Minnesota Statutes 2009 Supplement,
section 256B.69, subdivision 23.
The bill
was read for the first time and referred to the Committee on Finance.
S. F. No. 3019,
A bill for an act relating to human services; authorizing a rate increase for
publicly owned nursing facilities; changing the all-inclusive care for the
elderly program (PACE); requiring a local share of nonfederal medical
assistance costs; appropriating money; amending Minnesota Statutes 2008,
sections 256B.19, by adding a subdivision; 256B.441, by adding a subdivision;
Minnesota Statutes 2009 Supplement, section 256B.69, subdivision 23.
The bill
was read for the first time.�
Koenen
moved that S. F. No. 3019 and H. F. No. 3571, now
on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 3029,
A bill for an act relating to human services; requiring the commissioner of
human services to seek federal match for specified grant expenditures;
requiring a report.�
The bill
was read for the first time and referred to the Committee on Finance.
S. F. No. 3079,
A bill for an act relating to education finance; modifying the postsecondary
enrollments options program; amending Minnesota Statutes 2008, sections
124D.09, subdivisions 9, 20; 135A.101, subdivision 1.
The bill
was read for the first time and referred to the Committee on Finance.
ANNOUNCEMENTS
BY THE SPEAKER
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 3106:
����� Bigham, Hilstrom, Norton, Cornish and
Drazkowski.
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 271:
����� Loeffler, Kahn and Cornish.
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 1905:
����� Loeffler, Fritz and Davids.
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2505:
����� Slawik, Peterson and Nornes.
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2510:
����� Obermueller, Rukavina, Mahoney, Haws and
Gunther.
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2540:
����� Hornstein, Hortman, Morrow, Lieder and
Urdahl.
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2695:
����� Ruud, Hilstrom and Abeler.
MOTIONS AND RESOLUTIONS
����� Hornstein moved that the name of Hayden be
added as an author on H. F. No. 1250.� The motion prevailed.
����� Hornstein moved that the name of Hayden be
added as an author on H. F. No. 1306.� The motion prevailed.
����� Clark moved that the name of Hayden be
added as an author on H. F. No. 1747.� The motion prevailed.
����� Fritz moved that the name of Otremba be
added as an author on H. F. No. 1847.� The motion prevailed.
����� Clark moved that the name of Hayden be
added as an author on H. F. No. 2165.� The motion prevailed.
����� Clark moved that the name of Hayden be added as an author on
H. F. No. 2195.� The
motion prevailed.
����� Clark moved that the name of Hayden be added as an author on
H. F. No. 2233.� The
motion prevailed.
����� Clark moved that the name of Hayden be added as an author on
H. F. No. 2260.� The
motion prevailed.
����� Hornstein moved that the name of Hayden be added as an author
on H. F. No. 2531.� The
motion prevailed.
����� Hornstein moved that the name of Hayden be added as an author
on H. F. No. 2793.� The
motion prevailed.
����� Hornstein moved that the name of Hayden be added as an author
on H. F. No. 3134.� The
motion prevailed.
����� Scott moved that her name be stricken as an author on
H. F. No. 3278.� The
motion prevailed.
����� Murdock moved that his name be stricken as an author on
H. F. No. 3278.� The
motion prevailed.
����� Nornes moved that his name be stricken as an author on
H. F. No. 3278.� The
motion prevailed.
����� Shimanski moved that his name be stricken as an author on
H. F. No. 3278.� The
motion prevailed.
����� Anderson, B., moved that his name be stricken as an author on
H. F. No. 3278.� The
motion prevailed.
����� Hornstein moved that the name of Hayden be added as an author
on H. F. No. 3286.� The
motion prevailed.
����� Clark moved that the name of Hayden be added as an author on
H. F. No. 3323.� The
motion prevailed.
����� Clark moved that the name of Hayden be added as an author on
H. F. No. 3395.� The
motion prevailed.
����� Hornstein moved that the name of Hayden be added as an author
on H. F. No. 3461.� The
motion prevailed.
����� Dittrich moved that the name of Downey be added as an author on
H. F. No. 3475.� The
motion prevailed.
����� Clark moved that the name of Hayden be added as an author on
H. F. No. 3781.� The
motion prevailed.
����� Winkler moved that the name of Kohls be added as an author on
H. F. No. 3821.� The
motion prevailed.
ADJOURNMENT
����� Sertich moved that when the House adjourns today it adjourn
until 2:00 p.m., Friday, May 7, 2010.�
The motion prevailed.
����� Sertich moved that the House adjourn.� The motion prevailed, and Speaker pro tempore
Pelowski declared the House stands adjourned until 2:00 p.m., Friday, May 7,
2010.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives