STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2021
_____________________
FORTY-SECOND
DAY
Saint Paul, Minnesota, Monday, April 19, 2021
The House of Representatives convened at 12:00
noon and was called to order by Andrew Carlson, Speaker pro tempore.
Prayer was offered by the Reverend Ingrid
C. A. Rasmussen, Holy Trinity Lutheran Church, Minneapolis, 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:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
A quorum was present.
Baker was excused.
Hortman was excused until 1:15 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Lee from the Committee on Capital Investment to which was referred:
H. F. No. 337, A bill for an act relating to capital investment; amending prior appropriations for capital improvement projects; refunding deposits to bond issuers on applications for bonding authority allocations from the 2020 housing pool; amending Laws 2020, Fifth Special Session chapter 3, article 1, sections 16, subdivisions 7, 36; 20, subdivision 5; 22, subdivisions 18, 19, 21, 23, 28, 33.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. CAPITAL
IMPROVEMENT APPROPRIATIONS. |
The sums shown in the column under
"Appropriations" are appropriated from the bond proceeds fund, or
another named fund, to the state agencies or officials indicated, to be spent
for public purposes. Appropriations of
bond proceeds must be spent as authorized by the Minnesota Constitution,
article XI, section 5, clause (a), to acquire and better public land and
buildings and other public improvements of a capital nature, or as authorized
by the Minnesota Constitution, article XI, section 5, clauses (b) to (j), or
article XIV. Unless otherwise specified,
money appropriated in this act:
(1) may be used to pay state agency
staff costs that are attributed directly to the capital program or project in
accordance with accounting policies adopted by the commissioner of management
and budget;
(2) is available until the project is
completed or abandoned subject to Minnesota Statutes, section 16A.642;
(3) for activities under Minnesota
Statutes, sections 16B.307, 84.946, and 135A.046, should not be used for projects that can be financed within a reasonable
time frame under Minnesota Statutes, section 16B.322 or 16C.144; and
(4) is available for a grant to a
political subdivision after the commissioner of management and budget
determines that an amount sufficient to complete the project as described in
this act has been committed to the project, as required by Minnesota Statutes,
section 16A.502.
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APPROPRIATIONS |
Sec. 2. UNIVERSITY
OF MINNESOTA |
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$32,000,000 |
To the Board of Regents of the University
of Minnesota, to be spent in accordance with Minnesota Statutes, section
135A.046.
Sec. 3. MINNESOTA STATE COLLEGES AND UNIVERSITIES |
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$32,000,000 |
To the Board of Trustees of the Minnesota
State Colleges and Universities, to be spent in accordance with Minnesota
Statutes, section 135A.046.
Sec. 4. EDUCATION
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$3,150,000 |
To the commissioner of education for
library construction grants under Minnesota Statutes, section 134.45.
Sec. 5. MINNESOTA
STATE ACADEMIES |
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$1,224,000 |
To the commissioner of administration for
capital asset preservation improvements and betterments on both campuses of the
Minnesota State Academies, to be spent in accordance with Minnesota Statutes,
section 16B.307.
Sec. 6. PERPICH CENTER FOR ARTS EDUCATION |
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$1,500,000 |
To the commissioner of administration for
capital asset preservation improvements and betterments at the Perpich Center
for Arts Education, to be spent in accordance with Minnesota Statutes, section
16B.307.
Sec. 7. NATURAL
RESOURCES |
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Subdivision 1. Total
Appropriation |
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$53,650,000 |
(a) To the commissioner of natural
resources for the purposes specified in this section.
(b) The appropriations in this section are
subject to the requirements of the natural resources capital improvement
program under Minnesota Statutes, section 86A.12, unless this section or the statutes
referred to in this section provide more specific standards, criteria, or
priorities for projects than Minnesota Statutes, section 86A.12.
(c) The unspent portion of an
appropriation for a project in this section, upon written notice to the commissioner
of management and budget, is available for asset preservation under Minnesota
Statutes, section 84.946. Minnesota
Statutes, section 16A.642, applies from the date of the original appropriation
to the unspent amount transferred.
Subd. 2. Natural
Resources Asset Preservation |
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27,000,000
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For the renovation of state-owned
facilities and recreational assets operated by the commissioner of natural
resources to be spent in accordance with Minnesota Statutes, section 84.946. Notwithstanding Minnesota Statutes, section
84.946, the commissioner may use this appropriation to replace buildings if,
considering the embedded energy in the building, that is the most
energy-efficient and carbon-reducing method of renovation.
Subd. 3. Flood
Hazard Mitigation |
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2,000,000
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(a) For the state share of flood hazard
mitigation grants for publicly owned capital improvements to prevent or
alleviate flood damage under Minnesota Statutes, section 103F.161.
(b) To the extent practicable, levee
projects shall meet the state standard of three feet above the 100-year flood
elevation.
(c) The commissioner shall give priority to
the city of Moorhead to continue flood mitigation and acquisition of
flood-prone properties to address the North Moorhead Project (Oakport area) and
gaps in city-wide protection consistent with and compatible to the Fargo‑Moorhead
Diversion.
(d) This appropriation may be used to
alleviate high water on landlocked basins.
(e) To the extent practicable and
consistent with the project, recipients of appropriations for flood control
projects in this subdivision shall create wetlands that are eligible for
wetland replacement credit to replace wetlands drained or filled as the result
of repair, reconstruction, replacement, or rehabilitation of an existing public
road under Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l)
and (m).
(f) To the extent that the cost of a
project exceeds two percent of the median household income in a municipality or
township multiplied by the number of households in the municipality or
township, this appropriation is also for the local share of the project.
Subd. 4. State
Forest Nursery Facilities |
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3,600,000
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To predesign, design, renovate, and
construct improvements to the state forest nursery facilities at Badoura. The project includes renovation and
improvements to the seed extractor and cooler storage, construction of a new
cooler storage facility, and energy efficient upgrades to all heating,
ventilating, and cooling systems.
Subd. 5. Reforestation
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5,000,000
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For reforestation and stand improvement on
state forest lands to meet the reforestation requirements of Minnesota
Statutes, section 89.002, subdivision 2, including purchasing native seeds and
native seedlings, planting, seeding, site preparation, and protection on state
lands administered by the commissioner.
Subd. 6. Scientific
and Natural Areas |
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4,000,000
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To acquire land for scientific and natural
areas and to make improvements of a capital nature to scientific and natural
areas under Minnesota Statutes, sections
84.033 and 86A.05, subdivision 5.
Subd. 7. State
Trails |
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4,800,000
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To renovate paved and unpaved state trails
established under Minnesota Statutes, section 85.015, according to the
commissioner's priorities and as provided in Minnesota Statutes, section
84.946.
Subd. 8. Acquisition
and Betterment of Buildings |
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7,000,000
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For acquisition, design, and construction
to improve existing facilities or to replace existing facilities that no longer
meet the business needs of the department.
Subd. 9. Upper Sioux Agency State Park Bond Defeasance |
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250,000
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From the general fund in fiscal year 2022
to the commissioner of management and budget to prepay and defease any
outstanding state general obligation bonds used for improvements and
betterments at Upper Sioux Agency State Park, including Minnesota Historical
Society property located within the park's boundaries, and other associated
financing costs. This amount may be
deposited, invested, and applied to accomplish the purposes of this section as
provided in Minnesota Statutes, section 475.67, subdivisions 5 to 10 and 13. Upon the prepayment and defeasance of all
associated debt on the real property and improvements, all conditions set forth
in Minnesota Statutes, section 16A.695, subdivision 3, shall be deemed to have
been satisfied and the real property and improvements shall no longer
constitute state bond financed property under Minnesota Statutes, section
16A.695.
Sec. 8. BOARD OF WATER AND SOIL RESOURCES |
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$14,307,000 |
To the Board of Water and Soil Resources
to acquire conservation easements from landowners to preserve, restore, create,
and enhance wetlands and associated uplands of prairie and grasslands, and to
restore and enhance rivers and streams, riparian lands, and associated uplands
of prairie and grasslands, in order to protect soil and water quality, support
fish and wildlife habitat, reduce flood damage, and provide other public
benefits. The provisions of Minnesota
Statutes, section 103F.515, apply to this program. The board shall give priority to leveraging
federal money by enrolling targeted new lands or enrolling environmentally
sensitive lands that have expiring federal conservation agreements. The board is authorized to enter into new
agreements and amend past agreements with landowners as required by Minnesota
Statutes, section 103F.515, subdivision 5, to allow for restoration. Up to five percent of this appropriation may
be used for restoration and enhancement.
Sec. 9. MINNESOTA
ZOOLOGICAL GARDEN |
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Subdivision 1. Total
Appropriation |
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$12,500,000 |
To the Minnesota Zoological Board for the
purposes specified in this section.
Subd. 2. Animal
Hospital Renovation |
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5,000,000
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To design, renovate, construct, furnish,
and equip the animal hospital at the Minnesota Zoological Garden.
Subd. 3. Reopen
the Nocturnal Trail |
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4,000,000
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To design, renovate, construct, furnish,
and equip the closed portion of the Nocturnal Trail.
Subd. 4. Asset
Preservation |
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3,500,000
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For capital asset preservation
improvements and betterments to infrastructure and exhibits at the Minnesota
Zoological Garden, to be spent in accordance with Minnesota Statutes, section
16B.307. Notwithstanding the specified
uses of money under Minnesota Statutes, section 16B.307, the board may use this
appropriation to replace buildings that are in poor condition, outdated, and no
longer support the work of the Minnesota Zoological Garden site.
Sec. 10. ADMINISTRATION
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Subdivision 1. Total
Appropriation |
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$51,133,000 |
To the commissioner of administration for
the purposes specified in this section.
Subd. 2. Capital Asset Preservation and Replacement Account |
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3,133,000
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To be spent in accordance with Minnesota
Statutes, section 16A.632.
Subd. 3. Capitol Complex - Physical Security Upgrades Phase II |
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43,000,000
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For the continuation of the design,
construction, and equipping required to upgrade the physical security elements
and systems for the Capitol Mall and the buildings listed in this subdivision,
their attached tunnel systems, their surrounding grounds, and parking
facilities as identified in the 2017 Minnesota State Capitol Complex Physical
Security Predesign completed by Miller Dunwiddie and an updated assessment to
be completed in 2021. Work includes but
is not limited to the installation of bollards,
blast
protection, infrastructure security screen walls, door access controls,
emergency call stations, surveillance systems, security kiosks, locking
devices, and traffic and crowd control devices.
This appropriation includes money for work associated with the following
buildings: Administration, Ag/Health
Lab, Bureau of Criminal Apprehension, Capitol, Centennial, Governor's
Residence, Judicial Center, Minnesota History Center, Capitol Complex Power
Plant and Shops, Stassen, State Office, and Veterans Service. $12,000,000 of this appropriation is from the
general fund in fiscal year 2022 to be used at the Andersen, Freeman, Minnesota
Senate, Retirement Systems, and Transportation buildings for the purposes
described in this subdivision.
Subd. 4. State
Buildings; Solar Energy Generation |
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5,000,000
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To provide funds to state agencies for
solar energy generation improvements under article 4, section 2.
Sec. 11. AMATEUR
SPORTS COMMISSION |
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$3,500,000 |
To the Minnesota Amateur Sports Commission
for grants to local governments under Minnesota Statutes, section 240A.09,
paragraph (b), to improve indoor air quality or eliminate R-22. This appropriation shall not be used to
acquire ice resurfacing or edging equipment.
The commission may prioritize grants to projects in environmental
justice areas of concern. For the
purposes of this section, "environmental justice area of concern"
means one or more census blocks in Minnesota in which, based on the most recent
data published by the United States Census Bureau:
(1) 40 percent or more of the population is
nonwhite;
(2) 35 percent or more of the households have
an income at or below 200 percent of the federal poverty level; or
(3) 40 percent or more of the population
over the age of five have limited English proficiency.
Sec. 12. TRANSPORTATION
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Subdivision 1. Total
Appropriation |
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$77,500,000 |
To the commissioner of transportation for
the purposes specified in this section.
Subd. 2. Local
Road Improvement Fund Grants |
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10,000,000
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From the bond proceeds account in the state
transportation fund as provided in Minnesota Statutes, section 174.50, for
eligible trunk highway corridor improvement projects under Minnesota Statutes,
section
174.52, subdivision 2, for construction and reconstruction of local roads with
statewide or regional significance under Minnesota Statutes, section 174.52,
subdivision 4, or for grants to counties to assist in paying the costs of rural
road safety capital improvement projects on county state-aid highways under
Minnesota Statutes, section 174.52, subdivision 4a. Of this appropriation, at least $1,000,000 is
for projects on town roads.
Subd. 3. Local Bridge Replacement and Rehabilitation |
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30,000,000
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(a) From the bond proceeds account in the
state transportation fund to match federal money and to replace or rehabilitate
local deficient bridges as provided in Minnesota Statutes, section 174.50.
(b) $3,500,000 of this appropriation is
for a grant to Washington County to predesign, design, engineer, construct, and
equip the reconstruction of the 4th Street Bridge over marked Interstate
Highway 694 in the city of Oakdale.
Subd. 4. Safe
Routes to School |
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8,000,000
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For grants under Minnesota Statutes,
section 174.40.
Subd. 5. Port
Development Assistance |
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4,000,000
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For grants under Minnesota Statutes,
chapter 457A. Any improvements made with
the proceeds of these grants must be publicly owned. This appropriation shall be evenly
distributed to ports in the following cities:
(1) Duluth;
(2) Red Wing;
(3) St. Paul; and
(4) Winona.
Subd. 6. Passenger
Rail |
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25,500,000
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(a) For intercity passenger rail projects
on phase I corridors as identified in the 2015 update to the state rail plan
under Minnesota Statutes, section 174.03, subdivision 1b. This appropriation may only be used for
projects that have received environmental approval.
(b) This appropriation is for expenditure
by the commissioner and is available for:
program delivery, design, preliminary, and final engineering;
environmental analysis and mitigation; acquisition of land and right-of-way;
and construction.
Sec. 13. METROPOLITAN
COUNCIL |
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Subdivision 1. Total
Appropriation |
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$68,700,000 |
To the Metropolitan Council for the
purposes specified in this section.
Subd. 2. Metropolitan Cities Inflow and
Infiltration Grants |
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15,000,000
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(a) For grants to cities within the
metropolitan area, as defined in Minnesota Statutes, section 473.121,
subdivision 2, for capital improvements in municipal wastewater collection
systems to reduce the amount of inflow and infiltration to the Metropolitan
Council's metropolitan sanitary sewer disposal system. Grants from this appropriation are for up to
50 percent of the cost to mitigate inflow and infiltration in the publicly
owned municipal wastewater collection systems.
To be eligible for a grant, a city must be identified by the council as
a contributor of excessive inflow and infiltration in the metropolitan disposal
system or have a measured flow rate within 20 percent of its allowable council‑determined
inflow and infiltration limits. The
council must award grants based on applications from cities that identify
eligible capital costs and include a timeline for inflow and infiltration
mitigation construction, pursuant to guidelines established by the council.
(b) The council may prioritize grants to
projects in environmental justice areas of concern. For the purposes of this subdivision,
"environmental justice area of concern" means one or more census
blocks in Minnesota in which, based on the most recent data published by the
United States Census Bureau:
(1) 40 percent or more of the population
is nonwhite;
(2) 35 percent or more of the households
have an income at or below 200 percent of the federal poverty level; or
(3) 40 percent or more of the population
over the age of five have limited English proficiency.
Subd. 3. Metropolitan
Regional Parks and Trails |
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11,500,000
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(a) For the cost of improvements and
betterments of a capital nature and acquisition by the council and local
government units of regional recreational open-space lands in accordance with
the council's policy plan as provided in Minnesota Statutes, section 473.147. This appropriation must not be used to
purchase easements.
(b)
$4,000,000 of this appropriation is for right-of-way acquisition and for
predesign, design, engineering, and construction of pedestrian safety related
improvements including grade-separated crossings of railroads and multilane
highways, for the purpose of completing a segment of a regional greenway that:
(1) is within the Mississippi National
River and Recreation Area;
(2) is located in an industrial area;
(3) is crossed by a skewed rail line at
greater than a 30 degree angle; and
(4) is 2-1/2 miles in length.
Subd. 4. Bus
Rapid Transit Lines |
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40,000,000
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For environmental analysis, design,
engineering, right-of-way acquisition, and construction of the E line bus rapid
transit project from Minneapolis to Southdale Transit Center.
Subd. 5. Electric Transit Vehicle Charging Infrastructure |
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1,000,000
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From the general fund for the purpose of
financing the cost of acquiring and installing electric transit vehicle
charging infrastructure on council-owned property. For the purposes of this subdivision,
"electric transit vehicle charging infrastructure" means on-route
charging stations and charging stations in garage facilities for buses,
coaches, and paratransit vehicles owned by the Metropolitan Council.
Subd. 6. St. Paul;
Como Zoo |
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1,200,000
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For a grant to the city of St. Paul
for asset preservation improvements and betterments of a capital nature to
infrastructure and exhibits at Como Zoo.
Sec. 14. HUMAN
SERVICES |
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Subdivision 1. Total
Appropriation |
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$21,063,000 |
To the commissioner of administration or
other named entity for the purposes of this section.
Subd. 2. Asset
Preservation |
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2,213,000
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For asset preservation improvements and
betterments of a capital nature at Department of Human Services facilities
statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.
Subd. 3. St. Peter Regional Treatment Center Campus - Phase 2 |
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8,850,000
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To design, renovate, construct, furnish,
and equip the second phase of a multiphase project to develop additional
residential, program, activity, and ancillary facilities for the Minnesota sex
offender program on the lower campus of the St. Peter Regional Treatment
Center. This appropriation includes
money to design, renovate, construct, furnish, and equip the west, south, and
north wings of the Sunrise Building. This
appropriation also includes money to: replace
or renovate HVAC, plumbing, electrical, security, and life safety systems;
address fire and life safety, and other building code deficiencies; replace
windows and doors; tuck-point exterior building envelopes; reconfigure and
remodel space; design and abate asbestos and other hazardous materials; remove
or demolish nonfunctioning building components; and complete site work
necessary to support the programmed use of the building.
Subd. 4. Early
Childhood Learning Facilities |
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10,000,000
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To the commissioner of human services for
grants under Minnesota Statutes, section 256E.37, to construct and rehabilitate
early childhood learning facilities. Notwithstanding
the limitations and requirements for geographic distribution in Minnesota
Statutes, section 256E.37, the commissioner of human services may distribute
grants to facilities located in any county.
Sec. 15. VETERANS
AFFAIRS |
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Subdivision 1. Total
Appropriation |
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$8,500,000 |
To the commissioner of administration for
the purposes specified in this section.
Subd. 2. Asset
Preservation |
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4,000,000
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For asset preservation improvements and
betterments of a capital nature at the veterans homes in Minneapolis, Hastings,
Fergus Falls, Silver Bay, and Luverne, and the Little Falls Cemetery, to be
spent in accordance with Minnesota Statutes, section 16B.307.
Subd. 3. New
State Veterans Cemetery |
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4,500,000
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To design, construct, furnish, and equip a
new State Veterans Cemetery in Redwood County.
Sec. 16. CORRECTIONS
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Subdivision 1. Total
Appropriation |
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$9,120,000 |
For the purposes specified in this
section.
Subd. 2. Asset
Preservation |
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8,445,000
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To the commissioner of administration for
asset preservation improvements and betterments of a capital nature at
Minnesota correctional facilities statewide, to be spent in accordance with
Minnesota Statutes, section 16B.307.
Subd. 3. Regional
and County Jails Study and Report |
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675,000
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From the general fund to the commissioner
of corrections for the costs of completing the study and report required in
article 4. This appropriation is onetime
and is available until December 31, 2022.
Sec. 17. EMPLOYMENT
AND ECONOMIC DEVELOPMENT |
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Subdivision 1. Total
Appropriation |
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$6,200,000 |
To the commissioner of employment and
economic development for the purposes of this section.
Subd. 2. Greater Minnesota Child Care Facility Program |
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5,000,000
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For the greater Minnesota child care
facility capital grant program under Minnesota Statutes, section 116J.417.
Subd. 3. Lake
Superior Zoo |
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1,200,000
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For a grant to the city of Duluth for
asset preservation at the Lake Superior Zoo.
Sec. 18. PUBLIC
FACILITIES AUTHORITY |
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Subdivision 1. Total
Appropriation |
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$15,000,000 |
To the Public Facilities Authority for the
purposes specified in this section.
Subd. 2. Water
Infrastructure Funding Program |
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15,000,000
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(a) For grants to eligible municipalities
under the water infrastructure funding program under Minnesota Statutes,
section 446A.072.
(b) $7,500,000 is for wastewater projects
listed on the Pollution Control Agency's project priority list in the fundable
range under the clean water revolving fund program.
(c) $7,500,000 is for drinking water
projects listed on the commissioner of health's project priority list in the
fundable range under the drinking water revolving fund program.
(d)
After all eligible projects under paragraph (b) or (c) have been funded in a
fiscal year, the Public Facilities Authority may transfer any remaining,
uncommitted money to eligible projects under a program defined in paragraph (b)
or (c) based on that program's project priority list.
Sec. 19. MINNESOTA HOUSING FINANCE AGENCY |
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$100,000,000 |
To the commissioner of the Minnesota
Housing Finance Agency for transfer to the housing development fund to finance
the costs of rehabilitation to preserve public housing under Minnesota
Statutes, section 462A.202, subdivision 3a.
For purposes of this section, "public housing" means housing
for low-income persons and households financed by the federal government and
owned and operated by the public housing authorities and agencies formed by
cities and counties. Priority must be
given to proposals that maximize federal or local resources to finance the
capital costs. The priority in Minnesota Statutes, section 462A.202, subdivision 3a,
for projects to increase the supply of affordable housing and the restrictions of Minnesota Statutes, section
462A.202, subdivision 7, do not apply to this appropriation.
Sec. 20. MINNESOTA
HISTORICAL SOCIETY |
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$2,375,000 |
To the Minnesota Historical Society for
capital improvements and betterments at state historic sites, buildings,
landscaping at historic buildings, exhibits, markers, and monuments, to be
spent in accordance with Minnesota Statutes, section 16B.307. The society shall determine project
priorities as appropriate based on need.
Sec. 21. BOND
SALE EXPENSES |
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$503,000 |
To the commissioner of management and
budget from the bond proceeds fund for bond sale expenses under Minnesota
Statutes, section 16A.641, subdivision 8.
Sec. 22. BOND
SALE AUTHORIZATION.
Subdivision 1. Bond
proceeds fund. To provide the
money appropriated in this act from the bond proceeds fund, the commissioner of
management and budget shall sell and issue bonds of the state in an amount up
to $460,000,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7.
Subd. 2. Transportation
fund. To provide the money
appropriated in this act from the bond proceeds account in the state
transportation fund, the commissioner of management and budget shall sell and
issue bonds of the state in an amount up to $40,000,000 in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631
to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7.
Sec. 23. BOND
SALE SCHEDULE.
The commissioner of management and
budget shall schedule the sale of state general obligation bonds so that,
during the biennium ending June 30, 2023, no more than $1,286,432,000 will need
to be transferred from the general fund to the state bond fund to pay principal
and interest due and to become due on outstanding state general obligation
bonds. During the biennium, before each
sale of state general obligation bonds, the commissioner of management and
budget shall calculate the amount of debt service payments needed on bonds
previously issued and shall estimate the amount of debt service payments that
will be needed on the bonds scheduled to be sold. The commissioner shall adjust the amount of
bonds scheduled to be sold so as to remain within the limit set by this section. The amount needed to make the debt service
payments is appropriated from the general fund as provided in Minnesota
Statutes, section 16A.641.
Sec. 24. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 2
APPROPRIATION AND HOUSING
INFRASTRUCTURE BONDS
Section 1.
PURPOSE.
The financing provided by Minnesota
Statutes, section 16A.962, is for the public purpose of redeveloping the areas
in Minneapolis and St. Paul damaged in May and June of 2020, by civil
unrest which led to severe damage or destruction to small businesses, private
property, and public property in Minneapolis and St. Paul. The public purpose of the redevelopment is to
create or retain jobs, preserve the tax base and support enterprise development
and wealth creation for persons adversely affected by long-standing structural
racial discrimination and poverty and prevent displacement of small businesses
owned by people of color and indigenous people.
Sec. 2. [16A.962]
REDEVELOPMENT APPROPRIATION BONDS.
Subdivision 1. Definitions. (a) The definitions in this
subdivision apply to this section.
(b) "Appropriation bond" or
"bond" means a bond, note, or other similar instrument of the state
payable during a biennium from one or more of the following sources:
(1) money appropriated by law from the
general fund in any biennium for debt service due with respect to obligations
described in subdivision 2, paragraph (a);
(2) proceeds of the sale of obligations
described in subdivision 2, paragraph (a);
(3) payments received for that purpose
under agreements and ancillary arrangements described in subdivision 2,
paragraph (d); and
(4) investment earnings on amounts in
clauses (1) to (3).
(c) "City" means Minneapolis
or St. Paul, or an agency of Minneapolis or St. Paul.
(d) "Debt service" means the
amount payable in any biennium of principal, premium, if any, and interest on
appropriation bonds, and the fees, charges, and expenses related to the bonds.
(e)
"Eligible area" means an area in Minneapolis or St. Paul
adversely affected by civil unrest during the events leading up to and
surrounding the peacetime emergency declared in Emergency Executive Order
20-64.
(f) "Redevelopment" may
include the acquisition of real property; site preparation; predesign, design,
engineering, repair, or renovation of facilities damaged during the civil
unrest and construction of buildings, infrastructure, and related site
amenities, including energy conservation improvements as defined in section
216B.241, subdivision 1, paragraph (e); landscaping; street-scaping;
land-banking for future development or redevelopment; or financing any of these
activities taken on by a private party pursuant to an agreement with the city. Redevelopment does not include project costs
eligible for compensation or assistance available through insurance policies or
from other organizations or government agencies.
Subd. 2. Authorization
to issue appropriation bonds. (a)
Subject to the limitations of this subdivision, the commissioner may sell and
issue appropriation bonds of the state under this section for public purposes
as provided by law, including for the purposes of capitalizing an account in
the city of Minneapolis' commercial property development fund and an account in
the St. Paul housing and redevelopment authority's funds to pay for
redevelopment in the eligible areas. Appropriation
bonds may be sold and issued in amounts that, in the opinion of the commissioner,
are necessary to provide sufficient money to the commissioner of employment and
economic development under subdivision 7, not to exceed $300,000,000 net of
costs of issuance, for the purposes as provided under this subdivision; to pay
debt service including capitalized interest, costs of issuance, and costs of
credit enhancement; or to make payments under other agreements entered into
under paragraph (d).
(b) Proceeds of the appropriation bonds
must be credited to a special appropriation redevelopment bond proceeds fund in
the state treasury. All income from
investment of the bond proceeds is appropriated to the commissioner for the
payment of principal and interest on the appropriation bonds.
(c) Appropriation bonds may be issued
in one or more issues or series on the terms and conditions the commissioner
determines to be in the best interests of the state, but the term on any series
of appropriation bonds may not exceed 21 years.
The appropriation bonds of each issue and series thereof shall be dated
and bear interest from the date of issuance, and may be includable in or
excludable from the gross income of the owners for federal income tax purposes.
(d) At the time of, or in anticipation
of, issuing the appropriation bonds, and at any time thereafter so long as the
appropriation bonds are outstanding, the commissioner may enter into agreements
and ancillary arrangements relating to the appropriation bonds, including but
not limited to trust indentures, grant agreements, lease or use agreements,
operating agreements, management agreements, liquidity facilities, remarketing
or dealer agreements, letter of credit agreements, insurance policies, guaranty
agreements, reimbursement agreements, indexing agreements, or interest exchange
agreements. Any payments made or
received according to the agreement or ancillary arrangement shall be made from
or deposited as provided in the agreement or ancillary arrangement. The determination of the commissioner,
included in an interest exchange agreement, that the agreement relates to an
appropriation bond, shall be conclusive.
(e) The commissioner may enter into
written agreements or contracts relating to the continuing disclosure of
information necessary to comply with or facilitate the issuance of appropriation
bonds in accordance with federal securities laws, rules, and regulations,
including Securities and Exchange Commission rules and regulations in Code of
Federal Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants
with purchasers and holders of appropriation bonds set forth in the order or
resolution authorizing the issuance of the appropriation bonds, or a separate
document authorized by the order or resolution.
(f) The appropriation bonds are not
subject to chapter 16C.
Subd. 3. Form;
procedure. (a) Appropriation
bonds may be issued in the form of bonds, notes, or other similar instruments
in the manner provided in section 16A.672.
In the event that any provision of section 16A.672 conflicts with this
section, this section shall control.
(b) Every appropriation bond shall
include a conspicuous statement of the limitation established in subdivision 6.
(c) Appropriation bonds may be sold at
either public or private sale upon such terms as the commissioner shall
determine are not inconsistent with this section and may be sold at any price
or percentage of par value. Any bid
received may be rejected.
(d) Appropriation bonds must bear
interest at a fixed or variable rate.
(e) Notwithstanding any other law,
appropriation bonds issued under this section shall be fully negotiable.
Subd. 4. Refunding
bonds. The commissioner may
issue appropriation bonds for the purpose of refunding any appropriation bonds
issued under subdivision 2 then outstanding, including the payment of any
redemption premiums on the bonds, any interest accrued or to accrue to the
redemption date, and costs related to the issuance and sale of the refunding
bonds. The proceeds of any refunding
bonds may, at the discretion of the commissioner, be applied to the purchase or
payment at maturity of the appropriation bonds to be refunded, to the
redemption of the outstanding appropriation bonds on any redemption date, or to
pay interest on the refunding bonds and may, pending application, be placed in
escrow to be applied to the purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such use, may
be invested and reinvested in obligations that are authorized investments under
section 11A.24. The income earned or
realized on the investment may also be applied to the payment of the
appropriation bonds to be refunded or interest or premiums on the refunded
appropriation bonds, or to pay interest on the refunding bonds. After the terms of the escrow have been fully
satisfied, any balance of the proceeds and any investment income may be
returned to the general fund or, if applicable, the special appropriation
redevelopment bond proceeds fund for use in any lawful manner. All refunding bonds issued under this
subdivision must be prepared, executed, delivered, and secured by
appropriations in the same manner as the appropriation bonds to be refunded.
Subd. 5. Appropriation
bonds as legal investments. Any
of the following entities may legally invest any sinking funds, money, or other
funds belonging to them or under their control in any appropriation bonds
issued under this section:
(1) the state, the investment board,
public officers, municipal corporations, political subdivisions, and public
bodies;
(2) banks and bankers, savings and loan
associations, credit unions, trust companies, savings banks and institutions,
investment companies, insurance companies, insurance associations, and other
persons carrying on a banking or insurance business; and
(3) personal representatives, guardians,
trustees, and other fiduciaries.
Subd. 6. No
full faith and credit; state not required to make appropriations. The appropriation bonds are not public
debt of the state, and the full faith, credit, and taxing powers of the state
are not pledged to the payment of the appropriation bonds or to any payment
that the state agrees to make under this section. Appropriation bonds shall not be obligations
paid directly, in whole or in part, from a tax of statewide application on any
class of property, income, transaction, or privilege. Appropriation bonds shall be payable in each
fiscal year only from amounts that the legislature may appropriate for debt
service for any fiscal year, provided that nothing in this section shall be
construed to require the state to appropriate money sufficient to make debt
service payments with respect to the appropriation bonds in any fiscal year. Appropriation bonds shall be canceled and
shall no longer be outstanding on the earlier of (1) the first day of a fiscal
year for which the legislature shall not have appropriated amounts sufficient
for debt service, or (2) the date of final payment of the principal of and
interest on the appropriation bonds.
Subd. 7. Appropriation
of proceeds. The proceeds of
appropriation bonds issued under subdivision 2, paragraph (a), and interest
credited to the special appropriation redevelopment bond proceeds fund are
appropriated as follows:
(1) to the commissioner of employment
and economic development for a grant of $200,000,000 to the city of Minneapolis
and a grant of $100,000,000 to the Saint Paul Housing and Redevelopment
Authority, and as further specified in subdivision 2, paragraph (a); and
(2) to the commissioner of management
and budget for debt service on the bonds including capitalized interest,
nonsalary costs of issuance of the bonds, costs of credit enhancement of the
bonds, and payments under any agreements entered into under subdivision 2,
paragraph (d), as permitted by state and federal law.
Subd. 8. Appropriation
for debt service and other purposes.
An amount needed to pay principal and interest on appropriation
bonds issued under subdivision 2, paragraph (a), is appropriated each fiscal
year from the general fund to the commissioner, subject to repeal, unallotment
under section 16A.152, or cancellation, otherwise pursuant to subdivision 6,
for deposit into the bond payments account established for such purpose in the
special appropriation redevelopment bond proceeds fund. The appropriation is available beginning in
fiscal year 2022 and remains available through fiscal year 2043.
Subd. 9. Waiver of immunity. The waiver of immunity by the state
provided for by section 3.751, subdivision 1, shall be applicable
to the appropriation bonds and any ancillary contracts to which the
commissioner is a party.
Subd. 10. Grant
requirements. In addition to
any other terms in a grant agreement with the commissioner of employment and
economic development, a grant of special appropriation redevelopment bonds
proceeds must:
(1) require the city to segregate the
grant money in a separate account;
(2) require the payment to the state,
for deposit into the bond payments account established for such purpose in the
special appropriation redevelopment bond proceeds fund, the proceeds of the
sale of any property financed with a grant under this section in an amount up
to the amount of the grant, if the sale of the property occurs during the term
of the grant agreement, except that a sale of a property to a qualified person
as determined by the grant recipient's program or project funding criteria is
exempt from the requirements of this clause;
(3) require each grant recipient in
subdivision 7, to enhance economic opportunities for long-term residents, to
prioritize businesses owned or operated by a minority person as defined in
section 116M.14, and to prioritize the retention and rebuilding of impacted
businesses and infrastructure in the eligible area;
(4) require that all new and
substantially reconstructed buildings receiving grant funds, which includes
projects encompassing at least 10,000 square feet or no less than the
replacement of the mechanical, ventilation, or cooling system of a building or
a building section, meet the building performance standards described in section
216B.241, subdivision 9; and
(5) beginning on December 1, 2022, and
each year thereafter until all grant funds have been expended, require an
annual report to the commissioner of employment and economic development from
each grant recipient on the expenditures made from the accounts funded with a
grant made under this section in the form that the commissioner prescribes and
include any documentation of and supporting information regarding the
expenditures that the commissioner requires.
This report must include any measures of success toward achieving the
goals and standards outlined in clauses (3) and (4).
Subd. 11. Audit. The commissioner of employment and
economic development must review the report of expenditures made by the cities.
Subd. 12. Prevailing
wage requirement. During the
construction, installation, remodeling, and repair of any project funded by
bonds sold under this section, laborers and mechanics at the site must be paid
the prevailing wage rate as defined in section 177.42, subdivision 6, and the
project is subject to the requirements of sections 177.30 and 177.41 to 177.44.
Subd. 13. Zoning
exemption. (a) A property
financed with a grant under this section is exempt from minimum height and
minimum floor area ratio standards through June 30, 2025, provided that a
proposed redevelopment on a property that conformed to such standards on May 1,
2020, is subject to all other applicable zoning standards.
(b) Notwithstanding section 462.357,
subdivision 1e, or municipal ordinance, a property financed with a grant under
this section may apply through June 30, 2025, for a building permit to
reconstruct a nonconforming use or nonconforming structure that is comparable
to a use or structure that existed on the property on May 1, 2020.
(c) A property subject to the zoning
and building permit exemptions in this subdivision is exempt from public
hearing processes to obtain approval unless the request expands a nonconforming
use. The city may impose reasonable
conditions upon a zoning or building permit to mitigate any newly created
impact on adjacent property.
Subd. 14. Report
to the legislature. By
December 31, 2023, and every December 31 thereafter, the commissioner of
employment and economic development must submit a report as required under
section 3.195 that details the use of money under this section, including any
measures of success toward achieving the goals under subdivision 10, clause (3). A copy of this report must also be sent to
the chairs and ranking minority members of the committees of the house of
representatives and the senate having jurisdiction over economic development
and capital investment.
Sec. 3. Minnesota Statutes 2020, section 462A.37, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.
(c)
"Community land trust" means an entity that meets the requirements of
section 462A.31, subdivisions 1 and 2.
(d) "Debt service" means the amount payable in any fiscal year of principal, premium, if any, and interest on housing infrastructure bonds and the fees, charges, and expenses related to the bonds.
(e) "Foreclosed property" means residential property where foreclosure proceedings have been initiated or have been completed and title transferred or where title is transferred in lieu of foreclosure.
(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter that:
(1) are qualified 501(c)(3) bonds, within the meaning of section 145(a) of the Internal Revenue Code;
(2)
finance qualified residential rental projects within the meaning of section
142(d) of the Internal Revenue Code;
(3) finance the construction or rehabilitation of single-family houses that qualify for mortgage financing within the meaning of section 143 of the Internal Revenue Code; or
(4) are tax-exempt bonds that are not private activity bonds, within the meaning of section 141(a) of the Internal Revenue Code, for the purpose of financing or refinancing affordable housing authorized under this chapter.
(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.
(h)
"Naturally occurring affordable housing" or "NOAH" means
multiunit rental housing where the majority of the units are affordable to
individuals and families with incomes at or below 60 percent of the area median
income, that otherwise does not receive place-based state or federal
governmental subsidies.
(i) "Senior" means a person 55 years of age or older with an annual income not greater than 50 percent of:
(1) the metropolitan area median income for persons in the metropolitan area; or
(2) the statewide median income for persons outside the metropolitan area.
(i) (j) "Senior
housing" means housing intended and operated for occupancy by at least one
senior per unit with at least 80 percent of the units occupied by at least one
senior per unit, and for which there is publication of, and adherence to,
policies and procedures that demonstrate an intent by the owner or manager to
provide housing for seniors. Senior
housing may be developed in conjunction with and as a distinct portion of
mixed-income senior housing developments that use a variety of public or
private financing sources.
(j) (k) "Supportive
housing" means housing that is not time-limited and provides or
coordinates with linkages to services necessary for residents to maintain
housing stability and maximize opportunities for education and employment.
Sec. 4. Minnesota Statutes 2020, section 462A.37, subdivision 2, is amended to read:
Subd. 2. Authorization. (a) The agency may issue up to $30,000,000 in aggregate principal amount of housing infrastructure bonds in one or more series to which the payment made under this section may be pledged. The housing infrastructure bonds authorized in this subdivision may be issued to fund loans, or grants for the purposes of clause (4), on terms and conditions the agency deems appropriate, made for one or more of the following purposes:
(1) to finance the costs of the construction, acquisition, and rehabilitation of supportive housing for individuals and families who are without a permanent residence;
(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned housing to be used for affordable rental housing and the costs of new construction of rental housing on abandoned or foreclosed property where the existing structures will be demolished or removed;
(3) to finance that portion of the costs of acquisition of property that is attributable to the land to be leased by community land trusts to low- and moderate-income home buyers;
(4) to finance the acquisition, improvement, and infrastructure of manufactured home parks under section 462A.2035, subdivision 1b;
(5) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction of senior housing;
(6) to finance the costs of acquisition and
rehabilitation of federally assisted rental housing and for the refinancing of
costs of the construction, acquisition, and rehabilitation of federally
assisted rental housing, including providing funds to refund, in whole or in part,
outstanding bonds previously issued by the agency or another government unit to
finance or refinance such costs; and
(7) to finance the costs of acquisition,
rehabilitation, adaptive reuse, or new construction of single-family housing.;
(8) to finance the costs of acquisition,
rehabilitation, adaptive reuse, or new construction of multifamily rental
housing for households with incomes at or below 50 percent of the area median
income. Among comparable proposals, the
agency shall give priority to requests for projects that serve households at
the lowest incomes; and
(9)
to finance the costs of acquisition and rehabilitation of naturally occurring
affordable housing in order to preserve a long-term source of affordable
housing.
(b) Among comparable proposals for permanent supportive housing, preference shall be given to permanent supportive housing for veterans and other individuals or families who:
(1) either have been without a permanent residence for at least 12 months or at least four times in the last three years; or
(2)
are at significant risk of lacking a permanent residence for 12 months or at
least four times in the last three years.
(c) Among comparable proposals for senior housing, the agency must give priority to requests for projects that:
(1) demonstrate a commitment to maintaining the housing financed as affordable to seniors;
(2) leverage other sources of funding to finance the project, including the use of low-income housing tax credits;
(3) provide access to services to residents and demonstrate the ability to increase physical supports and support services as residents age and experience increasing levels of disability;
(4) provide a service plan containing the elements of clause (3) reviewed by the housing authority, economic development authority, public housing authority, or community development agency that has an area of operation for the jurisdiction in which the project is located; and
(5) include households with incomes that do not exceed 30 percent of the median household income for the metropolitan area.
(d) To the extent practicable, the agency shall balance the loans made between projects in the metropolitan area and projects outside the metropolitan area. Of the loans made to projects outside the metropolitan area, the agency shall, to the extent practicable, balance the loans made between projects in counties or cities with a population of 20,000 or less, as established by the most recent decennial census, and projects in counties or cities with populations in excess of 20,000.
Sec. 5. Minnesota Statutes 2020, section 462A.37, is amended by adding a subdivision to read:
Subd. 2h. Additional
authorization. In addition to
the amount authorized in subdivisions 2 to 2g, the agency may issue up to
$150,000,000 in housing infrastructure bonds in one or more series to which the
payments under this section may be pledged.
Sec. 6. Minnesota Statutes 2020, section 462A.37, subdivision 5, is amended to read:
Subd. 5. Additional appropriation. (a) The agency must certify annually to the commissioner of management and budget the actual amount of annual debt service on each series of bonds issued under this section.
(b) Each July 15, beginning in 2015 and through 2037, if any housing infrastructure bonds issued under subdivision 2a remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $6,400,000 annually. The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(c) Each July 15, beginning in 2017 and through 2038, if any housing infrastructure bonds issued under subdivision 2b remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $800,000 annually. The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(d) Each July 15, beginning in 2019 and through 2040, if any housing infrastructure bonds issued under subdivision 2c remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $2,800,000 annually. The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(e) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure bonds issued under subdivision 2d remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(f) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure bonds issued under subdivision 2e remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(g) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure bonds issued under subdivision 2f remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(h) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure bonds issued under subdivision 2g remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.
(i) Each July 15, beginning in 2023 and
through 2044, if any housing infrastructure bonds issued under subdivision 2h
remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account
established under section 462A.21, subdivision 33, the amount certified under
paragraph (a). The amounts
necessary to make the transfers are appropriated from the general fund to the
commissioner of management and budget.
(i) (j) The agency may
pledge to the payment of the housing infrastructure bonds the payments to be
made by the state under this section.
Sec. 7. HOUSING
INFRASTRUCTURE BONDS; SHELTER FACILITIES.
Subdivision 1. Definition. For the purposes of this section,
"shelter facility" means a facility having a primary purpose to
provide a temporary shelter for the homeless in general, or for a specific
homeless population, and does not require occupants to sign leases or occupancy
agreements.
Subd. 2. Authorized
use. In fiscal year 2022
only, housing infrastructure bonds under Minnesota Statutes, section 462A.37,
may be issued to finance the costs of acquisition, rehabilitation, adaptive
reuse, and new construction of shelter facilities in accordance with this
section.
Subd. 3. Additional
authorization. In addition to
the amount authorized in Minnesota Statutes, section 462A.37, subdivisions 2 to
2h, the Minnesota Housing Finance Agency may issue up to $50,000,000 in housing
infrastructure bonds in one or more series to which the payments under this
section must be pledged for shelter facilities.
$10,000,000 of this authorization must fund one or more grants to Simpson
Housing Services, a not‑for‑profit corporation under section
501(c)(3) of the Internal Revenue Code, to construct and renovate shelter
facilities in the city of Minneapolis.
Subd. 4. Debt
service. Each July 15,
beginning in 2023 and through 2044, if any housing infrastructure bonds issued
under this section remain outstanding, the commissioner of management and
budget must transfer to the housing infrastructure bond account established
under Minnesota Statutes, section 462A.21, subdivision 33, the amount certified
under Minnesota Statutes, section 462A.37, subdivision 5, paragraph (a). The amounts necessary to make the transfers
are appropriated from the general fund to the commissioner of management and
budget.
Sec. 8. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 3
EQUITY APPROPRIATIONS
Section 1.
CAPITAL IMPROVEMENT
APPROPRIATIONS.
The sums shown in the column under
"Appropriations" are appropriated from the general fund in fiscal
year 2022 to the state agencies or entities indicated, to be spent for public
purposes. The appropriations in this
article are onetime and are available until the project is completed or
abandoned subject to Minnesota Statutes, section 16A.642.
|
|
|
|
|
APPROPRIATIONS |
Sec. 2. METROPOLITAN
COUNCIL |
|
|
|
$1,200,000 |
To the Metropolitan Council for a grant to
the city of St. Paul for the Wakan Tipi Center project. This appropriation is in addition to the
appropriation for the Nature Sanctuary Visitor Center in Laws 2018, chapter
214, article 1, section 17, subdivision 6, and the appropriation for the Wakan
Tipi Center project in Laws 2020, Fifth
Special Session chapter 3, article 1, section 17, subdivision 11, and is
for the same purposes.
Sec. 3. EMPLOYMENT
AND ECONOMIC DEVELOPMENT |
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$13,789,000 |
To the commissioner of employment and
economic development for the purposes of this section.
Subd. 2. African
Economic Development Solutions |
|
|
|
1,000,000
|
For a grant to African Economic Development
Solutions to rehabilitate property that supports business incubation and
workforce development and technical assistance to support new and existing
African immigrant entrepreneurs aimed at addressing pervasive economic
inequities.
Subd. 3. 30,000
Feet; Black Arts Center |
|
|
|
1,500,000
|
For a grant to 30,000 Feet, a nonprofit
organization, to acquire property, design, construct, renovate, furnish, and
equip a Black Arts Center to increase the number of African American youth and
families served through culturally responsive arts and technology education,
social-emotional learning, and African American history and culture.
Subd. 4. Latino
Economic Development Center |
|
|
|
950,000
|
For a grant to the Latino Economic
Development Center for replacement of mechanical systems, construction or
renovation of interior spaces, and other improvements of a capital nature to
the building that will operate as a small business incubator on Payne Avenue
and serve other community uses.
Subd. 5. East
Side Freedom Library |
|
|
|
300,000
|
For a grant to the city of St. Paul
for asset preservation at the Carnegie Library, formerly known as the Arlington
Hills Public Library.
Subd. 6. Food
Relief Organizations |
|
|
|
1,200,000
|
For grants to Minnesota food relief
organizations for infrastructure needs and improvements of a capital nature. Of this amount:
(1) $300,000 is for Keystone Community
Services capital improvements at a new community food site in Ramsey County;
(2) $300,000 is for Southern Anoka
Community Assistance for capital improvements at a new food shelf;
(3) $300,000 is for 360 Communities for
capital improvements at a new resource center and food shelf in Dakota County;
and
(4) $300,000 is for Community Pathways of
Steele County for capital improvements at the current food shelf location.
Subd. 7. Funny Asian Women Kollective Arts Center |
|
|
1,000,000
|
For a grant to Funny Asian Women Kollective
for the acquisition of property, predesign, design, site preparation,
preconstruction services, and renovation of an arts center in the city of St. Paul.
Subd. 8. Leech Lake Band of Ojibwe Veterans Building |
|
|
2,000,000
|
For a grant to the Tribal council of the
Leech Lake Band of Ojibwe for demolition of an existing structure and
predesign, design, site preparation, and preconstruction services for a new
veterans building.
Subd. 9. Mercado
Central |
|
|
|
850,000
|
For a grant to Mercado Central, LLC, to
design and construct a parking lot, roof replacement, and interior repairs of a
capital nature to the marketplace facility in the city of Minneapolis.
Subd. 10. Native
American Community Clinic |
|
|
|
1,000,000
|
For a grant to the Native American
Community Clinic in the city of Minneapolis for predesign, design, renovation,
and construction of the building in which the clinic is located.
Subd. 11. Minneapolis Regional Apprenticeship Training Center |
|
|
789,000
|
For a grant to Northgate Development, LLC, to renovate, equip, and furnish a former state workforce center building for a regional apprenticeship training center in the city of Minneapolis to provide skills training to students and young adults in emerging energy‑related and utility careers. This appropriation includes money for financing of energy efficient upgrades and renewable energy investments in the property.
Subd. 12. Meat Processing Businesses in a Redevelopment Area |
|
|
1,000,000
|
For a grant to the South St. Paul
Economic Development Authority to design one or more USDA-grade food processing
facilities in a new or expanded industrial park to replace existing food
processing facilities currently located within the Hardman Triangle
Redevelopment Area aimed at creating new, value-added economic opportunities
for Minnesotans of Southeast Asian descent.
This appropriation includes, but is not limited to, architectural and
structural design of new food processing facilities; civil engineering of storm
water, wastewater, and other utility infrastructure systems to service new food
processing facilities; engineering, design, and development of specifications
for machinery and equipment customarily used in the food processing industry;
and site design for the new food processing facilities.
Subd. 13. Youth Mental Health and Wellness Community Center |
|
|
1,200,000
|
(a) The following appropriations are for
one or more grants to 846s.org, a 501(c)(3) nonprofit organization, for a youth
mental health and wellness community center to address community youth mental
health concerns and offer academic, career, and entrepreneurial programming for
local youth and their families. If any
of these appropriations for a specified phase is not needed to complete that
phase, the unexpended and unencumbered amount may be applied to another phase
of the project for which an appropriation is made in this subdivision. Each appropriation for a phase is available
when the commissioner of management and budget determines that an amount
sufficient to complete that phase is committed to the project.
(b) $500,000 is appropriated for Phase 1,
for property acquisition for the youth mental health and wellness community
center.
(c) $700,000 is appropriated for Phase 2,
for site preparation for the youth mental health and wellness community center.
(d) Minority business enterprises, as
defined under Minnesota Statutes, section 116M.14, subdivision 5, may be
prioritized for awards of contracts for the purpose of this project.
Subd. 14. New American Center for Health Workforce Development |
|
|
1,000,000
|
For a grant to the New American Center for
Health Workforce Development to renovate the existing building located at 2220
Riverside Avenue in Minneapolis to provide programming and increase immigrant
access to information, services, and resources, and establish, expand, and
sustain a public health workforce.
Sec. 4. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 4
MISCELLANEOUS
Section 1. Minnesota Statutes 2020, section 16A.86, subdivision 2, is amended to read:
Subd. 2. Budget
request. (a) Except as provided
in paragraph (b), a political subdivision that requests an appropriation of
state money for a local capital improvement project is encouraged to submit the
request to the commissioner of management and budget by July 15 of an
odd-numbered year to ensure its full consideration. The requests must be submitted in the form
and with the supporting documentation required by the commissioner of
management and budget. All requests
timely received by the commissioner must be submitted to the legislature, along
with the governor's recommendations, whether or not the governor recommends
that a request be funded, by the deadline established in section 16A.11,
subdivision 1.
(b)
The commissioner, in consultation with the commissioner of corrections, must
evaluate the need of any capital improvement project that requests an
appropriation of state money to construct a jail facility or for capital
improvements to expand the number of incarcerated offenders at an existing jail
facility. The commissioner shall use the
regional and county jails report submitted to the legislature on or before
December 1, 2022, by the commissioner of corrections to inform the evaluation. The commissioner must submit all evaluations
under this paragraph as part of the submission to the legislature under
paragraph (a).
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 2. [16B.324]
STATE BUILDINGS; SOLAR ENERGY GENERATION FUND.
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "Solar energy generation
improvement" means the predesign, design, acquisition, construction, or
installation of a solar energy system for a state building that:
(1) is incorporated into the building or
is a permanent fixture;
(2) has a useful life of more than ten
years; and
(3) is designed to result in a
demand-side net reduction in energy use by the state building's electrical,
heating, ventilating, air-conditioning, or hot water systems, which extends the
life or enhances the value of the state building.
(c) "State agency" means an
agency in the executive branch of state government, but does not include
constitutional officers.
(d) "State building" means a
building owned by the state of Minnesota.
Subd. 2. Establishment. A state building solar energy
generation fund is established to provide funds to state agencies for the
purpose of implementing solar energy generation improvements at state
buildings.
Subd. 3. Fund
management. The commissioner
shall manage and administer the state building solar energy generation fund
through an office established to manage environmental sustainability measures
for state property.
Subd. 4. Applications. A state agency applying for solar
energy generation improvement funds must submit an application to the
commissioner on a form, in the manner, and at the time prescribed by the
commissioner. An applicant must supply
the following information:
(1) the total estimated cost of the
solar energy generation improvements and the amount sought;
(2) a description of the solar energy
generation improvements;
(3) a detailed budget for the project,
including all sources and uses of money;
(4) calculations sufficient to
demonstrate the expected energy and monetary savings that will result from
construction and installation of the solar energy generation improvements;
(5) information demonstrating that
extended life or increased value of the state building will result from
construction and installation of the solar energy generation improvements; and
(6) any additional information requested
by the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2020, section 16B.325, subdivision 2, is amended to read:
Subd. 2.
Lowest possible cost; energy
conservation. The guidelines must:
(1) focus on achieving the lowest
possible lifetime cost, considering both construction and operating costs,
for new buildings and major renovations, and;
(2) allow for changes in the
guidelines revisions that encourage continual energy conservation
improvements in new buildings and major renovations. The guidelines shall;
(3) define "major
renovations" for purposes of this section. The definition may not allow "major
renovations" to encompass not less than 10,000 square feet or to
encompass not less than the replacement of the mechanical,
ventilation, or cooling system of the a building or a building
section of the building. The design
guidelines must;
(4) establish sustainability guidelines that include air quality and lighting standards and that create and maintain a healthy environment and facilitate productivity improvements;
(5) establish resiliency guidelines to
encourage design that allows buildings to adapt to and accommodate projected
climate-related changes reflected in both acute events and chronic trends,
including but not limited to changes in temperature and precipitation levels;
(6) specify ways to reduce material
costs; and must
(7) consider the long-term operating costs of the building, including the use of renewable energy sources and distributed electric energy generation that uses a renewable source or natural gas or a fuel that is as clean or cleaner than natural gas.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2020, section 469.53, is amended to read:
469.53
REGIONAL EXCHANGE DISTRICT PUBLIC INFRASTRUCTURE PROJECTS.
(a) The following projects shall be eligible for state appropriation support payments upon approval by the Duluth City Council. Costs may be reimbursed for eligible projects that begin construction prior to September 30, 2020, but in no case may the total state payment per project exceed the amount established in this section. Eligible projects include:
(1) two levels of expansion replace
a skywalk connected to an existing medical district parking ramp and
skywalk replacement in an amount not to exceed $13,010,000 $2,100,000,
including any land acquisition;
(2) a ramp with up to 1,400 new parking
stalls and a skywalk to serve medical entity west in an amount not to exceed $36,400,000
$37,900,000, including any land acquisition;
(3) extension of 6th Avenue East from 2nd
Street to 1st Street in an amount not to exceed $5,900,000 $6,650,000,
including any land acquisition;
(4) demolition of existing hospital
structure for site reuse, to accomplish the purposes in section 469.51,
subdivision 2, in an amount not to exceed $10,000,000 $11,829,000;
(5) roadway, utility, and site improvements
and capacity upgrades to support medical entity west hospital construction in
an amount not to exceed $11,410,000 $18,250,000;
(6)
district energy connections, capacity enhancement, and a pressure pump
station, and district energy utility improvements outside of the district
reasonably necessary and advantageous to serve developments within the district
in an amount not to exceed $7,000,000; and
(7) a ramp with up to 400 new parking stalls to serve medical entity east in an amount not to exceed $14,000,000.
(b) Upon notice to the commissioner of
employment and economic development, any unexpended amount for the projects
described in paragraph (a), clauses (1) to (4), may fund the project in
paragraph (a), clause (5). The unexpended
amounts applied to the project in paragraph (a), clause (5), count toward the
state payment limit for the project. The
Duluth City Council must submit a written plan to the commissioner of
employment and economic development to use unexpended funds in the manner under
this paragraph.
(b) (c) For any public
infrastructure project that will not be let by the city for which state support
is sought, the project must proceed and comply with any state and local
contracting requirements otherwise applicable to the city had the city let the
project. The city shall have the right
to inspect, upon reasonable notice, the construction contracts and related
documentation for any public infrastructure project for which state support is
sought.
EFFECTIVE
DATE. This section is
effective the day after the governing body of the city of Duluth and its chief
clerical officer timely comply with Minnesota Statutes, section 645.021,
subdivisions 2 and 3.
Sec. 5. Laws 2009, chapter 93, article 1, section 14, subdivision 3, as amended by Laws 2011, First Special Session chapter 12, section 37, and Laws 2018, chapter 214, article 2, section 23, is amended to read:
Subd. 3. Veterans
Cemeteries |
|
|
|
1,500,000 |
Of this amount, up to $500,000 is to acquire
land located in southeastern, southwestern, and northeastern Minnesota for
publicly owned veterans cemeteries, to be operated by the commissioner of
veterans affairs. The commissioner also
must seek donations of land for the cemeteries.
The balance of the appropriation is to predesign and, design,
construct, and equip the cemeteries.
Federal reimbursement of design, construction, and equipping
costs for each cemetery must be deposited in the state treasury and is
appropriated to the commissioner of veterans affairs to design, construct,
and equip the remaining cemeteries. Following
completion of design of the legislatively authorized Minnesota state
veterans cemeteries in Redwood, St. Louis, and Fillmore Counties, final
federal reimbursement of predesign and, design, construction,
and equipping costs is appropriated to the commissioner for asset
preservation of veterans homes statewide, to be spent in accordance with
Minnesota Statutes, section 16B.307. Federal
reimbursement may be sought for each cemetery and must be spent to acquire land
for, to predesign and, design, construct, and equip
additional cemeteries, or for asset preservation as provided in this
subdivision. Notwithstanding Minnesota
Statutes, section 16A.642, the bond sale authorization and appropriation of
bond proceeds for this project are available until December 31, 2022 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Laws 2014, chapter 294, article 1, section 21, subdivision 21, is amended to read:
Subd. 21. Thief River Falls Airport - Public Infrastructure |
|
|
650,000 |
For a grant to the Thief River Falls Airport
Authority to predesign, design, engineer, and construct infrastructure to transfer
wastewater from the Thief River Falls Regional Airport to the city wastewater
collection and treatment system, and to eliminate the airport wastewater
treatment pond located on airport property.
This appropriation is not available until the commissioner of
management and budget has determined that at least $153,360 has been committed
to the At least 20 percent of the total cost of the project must
be committed from nonstate sources.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Laws 2014, chapter 294, article 1, section 21, subdivision 23, as amended by Laws 2015, First Special Session chapter 5, article 3, section 23, is amended to read:
Subd. 23. Virginia
- Highway 53 Utilities Relocation |
|
|
|
19,500,000 |
(a) $500,000 of this appropriation is for a grant to the city of Virginia Public Utilities Commission to acquire land, predesign, design, construct, furnish, and equip an electrical substation along or within six miles of the relocated U.S. Highway 53 in Virginia as part of relocating the electrical utilities. This appropriation fully funds the project described in this paragraph and meets the requirements in Minnesota Statutes, section 16A.502, that the project be fully funded. This appropriation does not require a nonstate match.
(b) $19,000,000 of this appropriation is for:
(1) a grant to the city of Virginia Public Utilities Commission to acquire land, predesign, design, construct, furnish, and equip relocated water, electrical, and gas utilities along or within six miles of the relocated U.S. Highway 53 in Virginia, Eveleth, Gilbert, and Fayal Township;
(2) a grant to the city of Virginia to
acquire land, predesign, construct, furnish, and equip relocated storm water
and sanitary sewer along or within six miles of the relocated U.S. Highway 53
in Virginia, Eveleth, Gilbert, and Fayal Township; and
(3) a grant to the St. Louis and Lake
Counties Regional Railroad Authority to acquire land, predesign, design,
construct, furnish, and equip trails to handle bicycles, pedestrians,
snowmobiles, and ATVs along or within six miles of the relocated U.S. Highway
53 in Virginia, Eveleth, Gilbert, and Fayal Township. This appropriation does not require a
nonstate match; and
(4) any amount of this appropriation that is unspent after substantial completion of the work described in clauses (1), (2), and (3), may be used for a grant to the St. Louis and Lake Counties Regional Railroad for construction of a segment of the Mesabi Trail extending from the eastern end of the Mesabi Trail in Biwabik at the intersection of State Highway 135 and St. Louis County Road 20 to the intersection of County Road 20 and First Street South in the city of McKinley. Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond sale proceeds for this project are available until December 31, 2022.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Laws 2014, chapter 294, article 1, section 22, subdivision 5, as amended by Laws 2018, chapter 214, article 2, section 27, is amended to read:
Subd. 5. City of Rice Lake - Water Main Replacement and Extension |
|
|
1,168,000 |
For a grant to the city of Rice Lake to
design and construct a replacement water main and related public infrastructure
on East Calvary Road and Kolstad, Austin, Milwaukee, Mather, and Chicago
Avenues in the city of Rice Lake. This
appropriation is not available until the commissioner of management and budget
determines that at least an equal amount is committed to the project from
nonstate sources. Any amount
remaining after completion of the project may be used to predesign, design,
construct, furnish, and equip a municipal utility extension from Howard Gnesen
Road to Martin Road in the city of Rice Lake. This appropriation is available until
December 31, 2020 2022.
EFFECTIVE
DATE. This section is
effective the day following final enactment, except that the extension of time
for availability of the appropriation is effective retroactively from December
30, 2020.
Sec. 9. Laws 2017, First Special Session chapter 8, article 1, section 7, subdivision 2, is amended to read:
Subd. 2. St. Louis
River Cleanup |
|
|
|
25,410,000 |
To design and implement contaminated sediment
management actions identified in the St. Louis River remedial action plan
to restore water quality in the St. Louis River Area of Concern. Notwithstanding Minnesota Statutes,
section 16A.642, the bond authorization and appropriation of bond proceeds for
this project are available until December 31, 2023.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Laws 2017, First Special Session chapter 8, article 1, section 15, subdivision 3, as amended by Laws 2018, chapter 214, article 2, section 33, and Laws 2020, Fifth Special Session chapter 3, article 5, section 24, is amended to read:
Subd. 3. Local
Road Improvement Fund Grants |
|
|
|
115,932,000 |
(a) From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for trunk highway corridor projects under Minnesota Statutes, section 174.52, subdivision 2, for construction and reconstruction of local roads with statewide or regional significance under Minnesota Statutes, section 174.52, subdivision 4, or for grants to counties to assist in paying the costs of rural road safety capital improvement projects on county state-aid highways under Minnesota Statutes, section 174.52, subdivision 4a.
(b) Of this amount, $9,000,000 is for a grant to Anoka County to design, acquire land for, engineer, and construct improvements to, including the realignment of County State-Aid Highway 23 (Lake Drive), County State-Aid Highway 54 (West Freeway Drive), West Freeway Drive, and to Hornsby Street in the city of Columbus to support the overall interchange project. Notwithstanding Minnesota Statutes, section 16A.642, the bond sale authorization and appropriation of bond proceeds for the project in this paragraph are available until December 31, 2024.
(c) Of this amount, $3,246,000 is for a grant to the city of Blaine to predesign, design, and reconstruct 105th Avenue in the vicinity of the National Sports Center in Blaine. The reconstruction will include changing the street from five lanes to four lanes with median, turn lanes, sidewalk, trail, landscaping, lighting, and consolidation of access driveways. This appropriation is not available until the commissioner of management and budget determines that at least $3,000,000 is committed to the project from sources available to the city, including municipal state aid and county turnback funds.
(d) Of this amount, $25,000,000 is for a grant to Hennepin County, the city of Minneapolis, or both, for design, right-of-way acquisition, engineering, and construction of public improvements related to the Interstate Highway 35W and Lake Street access project and related improvements within the Interstate Highway 35W corridor, notwithstanding any provision of Minnesota Statutes, section 174.52, or rule to the contrary. This appropriation is not available until the commissioner of management and budget determines that an amount sufficient to complete this portion of the Interstate Highway 35W and Lake Street access project has been committed to this portion of the project.
(e) Of this amount, $10,500,000 is for a grant to Carver County for environmental analysis and to acquire right-of-way access, predesign, design, engineer, and construct an interchange at
marked Trunk Highway 212 and Carver County Road 44 in the city of Chaska, including a new bridge and ramps, to support the development of approximately 400 acres of property in the city of Chaska's comprehensive plan.
(f) Of this amount, $700,000 is for a grant to Redwood County for improvements to Nobles Avenue, including paving, as the main access road to a new State Veterans Cemetery to be located in Paxton Township.
(g) Of this amount, $1,000,000 is for a grant
to the town of Appleton in Swift County for upgrades to an existing
township road to provide for a paved, ten-ton capacity township road extending
between marked Trunk Highways 7 and 119 preliminary and final design,
engineering, and reconstruction of a segment of County State-Aid Highway 6 between
marked Trunk Highway 7 and County State-Aid Highway 17 to provide for a ten-ton
paved roadway. Notwithstanding
Minnesota Statutes, section 16A.642, the bond sale authorization and
appropriation of bond proceeds for this project are available until December
31, 2025.
(h) Of this amount, $20,500,000 is for a grant to Ramsey County for preliminary and final design, right-of-way acquisition, engineering, contract administration, and construction of public improvements related to the construction of the interchange of marked Interstate Highway 694 and Rice Street, Ramsey County State-Aid Highway 49, in Ramsey County.
(i) Of this amount, $11,300,000 is for a grant to Hennepin County for preliminary and final design, engineering, environmental analysis, right-of-way acquisition, construction, and reconstruction of local roads related to the (1) realignment at the intersections of marked U.S. Highway 12 with Hennepin County State-Aid Highway 92; (2) realignment and safety improvements at the intersection of marked U.S. Highway 12 with Hennepin County State-Aid Highway 90; and (3) safety median improvements from the interchange with Wayzata Boulevard in Wayzata to approximately one-half mile east of the interchange of marked U.S. Highway 12 with Hennepin County State-Aid Highway 6.
(j) Of this amount, $1,000,000 is for a grant to the city of Inver Grove Heights for preliminary design, design, engineering, and reconstruction of Broderick Boulevard between 80th Street and Concord Boulevard abutting Trunk Highway 52 and Inver Hills Community College in Inver Grove Heights. The project includes replacement or renovation of public infrastructure, including water lines, sanitary sewers, storm water sewers, and other public utilities. This appropriation does not require a nonstate contribution.
(k) Of this amount, $2,350,000 is for a grant to McLeod County to acquire land or interests in land and to design and construct a new urban street extension of County State-Aid Highway (CSAH) 15, including railroad crossing, storm water, and drainage improvements.
(l) Of this amount, $6,000,000 is for a grant to the city of Baxter for 50 percent of total project cost for the acquisition of land or interests in land, environmental analysis and environmental cleanup, predesign, design, engineering, and construction of improvements to Cypress Drive, including expansion to a four-lane divided urban roadway, between Excelsior Road and College Road.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Laws 2017, First Special Session chapter 8, article 1, section 20, subdivision 14, is amended to read:
Subd. 14. Minneapolis - Pioneers and Soldiers Cemetery Restoration |
|
|
1,029,000 |
For a grant to the city of Minneapolis to
restore the historic steel and limestone pillar fence along Cedar Avenue and
Lake Street, install a new steel fence and pillars along 21st Avenue South,
and install a waterproofing system for preservation of the fence and pillars,
at the Pioneer and Soldiers Cemetery. This
appropriation does not require a nonstate contribution.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Laws 2018, chapter 214, article 1, section 16, subdivision 2, as amended by Laws 2019, chapter 2, article 2, section 2, is amended to read:
Subd. 2. Local
Road Improvement Fund Grants |
|
|
|
78,600,000 |
(a) From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for trunk highway corridor projects under Minnesota Statutes, section 174.52, subdivision 2, for construction and reconstruction of local roads with statewide or regional significance under Minnesota Statutes, section 174.52, subdivision 4, or for grants to counties to assist in paying the costs of rural road safety capital improvement projects on county state-aid highways under Minnesota Statutes, section 174.52, subdivision 4a.
(b) Of this amount, $13,500,000 is for a grant to the city of Dayton for design, engineering, environmental analysis, property and easement acquisition, construction, and reconstruction of local roads in conjunction with an interchange on marked Interstate Highway 94 near Hennepin County State-Aid Highway 101, known as Brockton Lane, in Dayton.
(c)
Of this amount, $6,100,000 is for a grant one or more grants to Dakota
County, the city of Inver Grove Heights, or both to predesign,
design, engineer, acquire right-of-way property and temporary and permanent easements,
inspect, and construct or reconstruct: (1) realignment of Dakota County State-Aid
Highway 63, known as Argenta Trail, in Inver Grove Heights, from
northerly of its intersection with Amana Trail to the anticipated future
alignment of 65th Street, then west to the existing Argenta Trail alignment,
and in anticipation of the development of an interchange of Argenta Trail and
marked Interstate Highway 494; and (2) expansion from two lanes to four lanes
of Dakota County State-Aid Highway 26, known as 70th Street West, in Inver
Grove Heights, from the border with Eagan through the intersection with Argenta
Trail as realigned, to the intersection of Highway 26 with Trunk Highway 3,
known as Robert Street.
(d) Of this amount, $9,000,000 is for a grant to Carver County following a jurisdictional transfer to Carver County of the affected segment of marked Trunk Highway 101. The appropriation may be used for design, right-of-way acquisition, engineering, and reconstruction of the segment transferred to the county that is between Pioneer Trail and Flying Cloud Drive, including grade separation of a multipurpose pedestrian and bicycle trail from the segment for the Minnesota River Bluffs Regional Trail and a regional trail along marked Trunk Highway 101.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Laws 2018, chapter 214, article 1, section 17, subdivision 6, is amended to read:
Subd. 6. St. Paul
- Nature Sanctuary Visitor Center |
|
|
|
3,000,000 |
For a grant to the city of St. Paul to
predesign, design, construct, furnish, and equip a visitor and interpretive
center in the Bruce Vento Nature Sanctuary in St. Paul for programs that
the city determines meet regional and city park purpose requirements. The city may enter into a lease or management
agreement under Minnesota Statutes, section 16A.695, to operate the programs in
the center. Notwithstanding Minnesota
Statutes, section 16A.642, the bond sale authorization and appropriation of
bond proceeds for the project in this subdivision are available until December
31, 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Laws 2018, chapter 214, article 1, section 18, subdivision 3, is amended to read:
Subd. 3. St. Peter Regional Treatment Center Campus - Dietary Building HVAC and Electrical Replacement |
|
|
2,200,000 |
To predesign, design, engineer, and renovate the mechanical and electrical systems in the Dietary Building on the St. Peter Regional Treatment Center campus, including: the upgrade, replacement,
and improvement of existing heating and ventilation equipment; installation of air-conditioning equipment; replacement of the building's outdated and undersized electrical system; design and abatement of asbestos and hazardous materials; and structural, site, and utility work necessary to support the project.
Upon substantial completion of this
project, any unspent portion of this appropriation remaining, after written
notice to the commissioner of management and budget, is available for asset
preservation under Minnesota Statutes, section 16B.307.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Laws 2018, chapter 214, article 1, section 18, subdivision 4, is amended to read:
Subd. 4. Anoka Metro Regional Treatment Center - Roof and HVAC Replacement |
|
|
6,550,000 |
To predesign, design, engineer, construct, and equip improvements on the Anoka Metro Regional Treatment Center campus, including but not limited to design and abatement of asbestos and hazardous materials, replacement of roofs on residential units, installation of metal wall cladding on the mechanical penthouses, installation of new heating, ventilation, and air conditioning systems, fire sprinkler systems, electrical lighting systems in the Miller Building, and installation of a new heating system in the warehouse building.
Upon substantial completion of this
project, any unspent portion of this appropriation remaining, after written notice
to the commissioner of management and budget, is available for asset
preservation under Minnesota Statutes, section 16B.307. Notwithstanding Minnesota Statutes, section
16.642, the bond sale authorization and appropriation of bond proceeds in this subdivision
are available until December 31, 2023.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Laws 2018, chapter 214, article 1, section 21, subdivision 16, is amended to read:
Subd. 16. Minneapolis - Upper Harbor Terminal Redevelopment |
|
|
15,000,000 |
For a grant to the city of Minneapolis, the
Minneapolis Park and Recreation Board, or both, for predesign, design, and
construction work for site preparation and for park and public infrastructure
improvements to support an initial phase of redevelopment of the Upper Harbor
Terminal on the Mississippi River; a site that was rendered inoperable for
barging by the federal closure of the Upper St. Anthony Falls Lock. Notwithstanding Minnesota Statutes, section
16A.642, the bond sale authorization and appropriation of bond proceeds in this
subdivision are available until December 31, 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Laws 2018, chapter 214, article 1, section 22, subdivision 6, is amended to read:
Subd. 6. Aurora; Hoyt Lakes; Biwabik; and White Township - Drinking Water System |
|
|
2,500,000 |
For a grant to the city of Aurora to acquire
land, acquire a long‑term lease, or a permanent interest in land,
design, engineer, construct, furnish, and equip a comprehensive municipally
owned cooperative joint drinking water system in for the cities
city of Aurora, Hoyt Lakes, and Biwabik, and White Township,
including a water intake and treatment plant located in White Township and
the Town of White and designed for the future use of other cities, including
Biwabik and Hoyt Lakes. Notwithstanding
Minnesota Statutes, section 16A.642, the bond sale authorization and
appropriation of bond proceeds for this project are available until December
31, 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Laws 2019, chapter 2, article 1, section 2, subdivision 5, is amended to read:
Subd. 5. South
St. Paul - Seidl's Lake |
|
|
|
781,000 |
For a grant to the city of South St. Paul
for capital improvements to improve the water quality of Seidl's Lake. The capital improvements include design,
engineering, construction, and equipping of a storm water lift station to
discharge excess storm water into the city of South St. Paul's storm sewer
system to minimize the fluctuating water levels of the lake. This project may be implemented jointly by
the cities of South St. Paul, Inver Grove Heights, and West St. Paul. Notwithstanding Minnesota Statutes,
section 16A.642, the bond sale authorization and appropriation of bond proceeds
for the project in this subdivision are available until December 31, 2024.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Laws 2020, Fifth Special Session chapter 3, article 1, section 7, subdivision 3, is amended to read:
Subd. 3. Flood
Hazard Mitigation |
|
|
|
17,000,000 |
(a) For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161.
(b) To the extent practical, levee projects shall meet the state standard of three feet above the 100-year flood elevation.
(c) Project priorities shall be determined by the commissioner as appropriate, based on need and consideration of available leveraging of federal, state, and local funds.
(d) This appropriation may be used for projects in the following municipalities: Afton, Austin, Breckenridge, Browns Valley, Carver, Delano, Faribault, Golden Valley, Halstad, Hawley, Hendrum, Inver Grove Heights, Jordan, Montevideo, Moorhead, Newfolden, Nielsville, Owatonna, Round Lake Township in Jackson County, Sioux Valley Township in Jackson County, and Waseca.
(e) This appropriation also may be used for projects in the following watershed districts: Bois de Sioux Watershed District, Buffalo-Red River Watershed District, Cedar River Watershed District;Lower Minnesota River Watershed District, Middle Snake Tamarac Rivers Watershed District, Prior Lake-Spring Lake Watershed District, Red Lake Watershed District, Roseau River Watershed District, Shell Rock River Watershed District, Two Rivers Watershed District, Upper Minnesota River Watershed District, and Wild Rice River Watershed District.
(f) This appropriation may also be used for a project in the Southern Minnesota Rivers Basin Area II.
(g) For any project listed in this subdivision that the commissioner determines is not ready to proceed, does not have the nonstate match committed, or does not expend all the money granted to it, the commissioner may allocate that project's unexpended money to a priority project on the commissioner's list.
(h) Notwithstanding paragraph (c), $2,000,000
of this appropriation is for flood hazard mitigation for the Toelle Coulee in the
city of Browns Valley Traverse County.
(i) To the extent practicable and consistent with the project, recipients of appropriations for flood control projects in this subdivision shall create wetlands that are eligible for wetland replacement credit to replace wetlands drained or filled as the result of repair, reconstruction, replacement, or rehabilitation of an existing public road under Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l) and (m).
(j) To the extent that the cost of a project exceeds two percent of the median household income in a municipality or township multiplied by the number of households in the municipality or township, this appropriation is also for the local share of the project.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. Laws 2020, Fifth Special Session chapter 3, article 1, section 7, subdivision 18, is amended to read:
Subd. 18. Lake
City; Ohuta Beach Breakwater |
|
|
|
1,058,000 |
For a grant to the city of Lake City to design, engineer, and construct a breakwater at Ohuta Beach in Lake City at Ohuta Park.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 21. Laws 2020, Fifth Special Session chapter 3, article 1, section 13, subdivision 5, is amended to read:
Subd. 5. Construction and Renovation of Public Skate Parks |
|
|
250,000 |
For grants
under Minnesota Statutes, section 240A.20, subdivision 2, clause (2), for
design of to predesign, design, construct, furnish, and equip skate
parks from. Design work must
be by designers with expertise in the field of skate park design. Construction must be of a skate park
designed by designers with expertise in the field of skate park design.
EFFECTIVE
DATE. This section is
effective retroactively from October 21, 2020.
Sec. 22. Laws 2020, Fifth Special Session chapter 3, article 1, section 16, subdivision 5, is amended to read:
Subd. 5. Anoka County; Marked Trunk Highway 65 Interchange |
|
|
1,500,000 |
From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Anoka County to complete environmental analysis of local road intersections and associated improvements along marked Trunk Highway 65 from north of 93rd Avenue to north of 117th Avenue, preliminary engineering, environmental analysis, and final design of a grade separation and associated improvements to Anoka County State-Aid Highway 12, known as 109th Avenue, at marked Trunk Highway 65 in the city of Blaine.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Laws 2020, Fifth Special Session chapter 3, article 1, section 16, subdivision 7, is amended to read:
Subd. 7. Golden Valley; Douglas Drive and Highway 55 |
|
|
6,500,000 |
From the bond proceeds account in the state
transportation fund as provided in Minnesota Statutes, section 174.50, for a
grant to the city of Golden Valley to construct perform preliminary
and final design engineering, environmental analysis, acquisition of permanent
easements and right-of-way, reconstruction, and construction engineering of
local roads related to construction of public safety improvements at,
and within a 600 foot radius of, the
intersection of Douglas Drive and Highway 55, including a box culvert underpass across Highway 55, a roundabout and extended frontage road south of Highway 55, retaining wall construction, underground utility relocation, sidewalk and trail connections to existing facilities, Americans with Disabilities Act-compliant facilities, and landscaping.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Laws 2020, Fifth Special Session chapter 3, article 1, section 16, subdivision 15, is amended to read:
Subd. 15. |
|
|
$5,269,000 |
From the bond proceeds account in the state
transportation fund as provided in Minnesota Statutes, section 174.50, for a
grant to Scott County for to design, provide construction
engineering, and construction of construct local road
improvements, including accommodations for bicycles and pedestrians and
public utility relocations, to support a programmed interchange at the
intersection of marked Trunk Highway 13 and at Dakota Avenue
and Yosemite Avenues in Savage.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. Laws 2020, Fifth Special Session chapter 3, article 1, section 16, subdivision 16, is amended to read:
Subd. 16. Sherburne County; Zimmerman Interchange Project |
|
|
2,000,000 |
From the bond proceeds account in the state
transportation fund as provided in Minnesota Statutes, section 174.50, for a
grant to Sherburne County for environmental analysis, preliminary engineering,
and final design of the local road portions of the proposed interchange
project and local road portions at marked U.S. Highway 169 and Sherburne
County State-Aid Highway 4 in Zimmerman.
Any money remaining upon completion of the design process may be used to
acquire right-of-way needed for the local road portions of the interchange
project.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Laws 2020, Fifth Special Session chapter 3, article 1, section 16, subdivision 36, is amended to read:
Subd. 36. Olmsted County; Trunk Highway 14 and County Road 104 Interchange Construction |
|
|
6,000,000 |
For a grant to Olmsted County for the
county's share of general obligation bond eligible portions of a project to
conduct environmental analysis, predesign, design, and engineer,
construct, furnish, and equip an interchange at marked Trunk Highway 14
and
County Road 104, including a flyover at 7th Street NW, in Olmstead Olmsted
County, and associated infrastructure and road work to accommodate the
interchange. Any amount remaining
after substantial completion of environmental analysis, predesign, design, and
engineering work may be applied to the county's share to acquire right-of-way
for, and to construct, furnish, and equip, this interchange and associated
infrastructure and road work to accommodate the interchange.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. Laws 2020, Fifth Special Session chapter 3, article 1, section 20, subdivision 5, is amended to read:
Subd. 5. Minnesota
Correctional Facility - St. Cloud |
|
|
|
800,000 |
To design, renovate, construct, equip, and
install a new fire suppression system in Living Units A, B, and C D
and E at the Minnesota Correctional Facility - St. Cloud. This installation includes but is not limited
to cells, common areas, and control areas and must comply with all applicable
codes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 28. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 14, is amended to read:
Subd. 14. Crookston;
Colborn Property Development |
|
|
|
895,000 |
For a grant to the city of Crookston for development of the southern end of the city limits commonly known as the Colborn Property. This appropriation includes money for construction of roads and storm water infrastructure, for design and site preparation, and for other improvements of publicly owned infrastructure.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 20, is amended to read:
Subd. 20. Fergus
Falls; Riverfront Corridor |
|
|
|
1,750,000 |
For a grant to the city of Fergus Falls for
construction of a downtown riverfront corridor improvement project including an
amphitheater, a river market, public arts space, interactive water
components, and related publicly owned infrastructure and amenities.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 30. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 23, is amended to read:
Subd. 23. Hennepin
County; Avivo |
|
|
|
1,700,000 |
For a grant to Hennepin County for Phase 1 of
the Avivo regional career and employment center project in Minneapolis, subject
to Minnesota Statutes, section 16A.695. Phase 1 includes geotechnical and
environmental investigation, demolition, and site work; predesign and
design of the renovation and expansion of a building; and predesign and design
for the replacement of or improvements to building systems on the Avivo campus,
including HVAC, mechanical, electrical, and accessibility improvements. Upon substantial completion of Phase I,
any unspent portion of this appropriation remaining, after written notice to
the commissioner of management and budget, is available for renovation or
construction.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 31. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 37, is amended to read:
Subd. 37. St. Joseph; Jacob Wetterling Recreation Center |
|
|
4,000,000 |
For a grant to the city of St. Joseph to predesign,
design, construct, furnish, and equip a recreation center as an addition to
the former school building purchased by the city to be repurposed as a adjacent
to and connected to the city's new community center. The city may enter into a lease or
management agreement for operation of recreation programs, subject to Minnesota
Statutes, section 16A.695.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 32. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 44, is amended to read:
Subd. 44. Wadena;
Access Road |
|
|
|
1,300,000 |
For a grant one or more grants
to the city of Wadena County, Otter Tail County, or both, to
acquire a permanent easement for and to predesign, design, engineer, and
construct an access road just northeast of 11th Street Northwest in Wadena,
going from marked Trunk Highway 10 to the new hospital complex.
EFFECTIVE
DATE. This section is effective
the day following final enactment.
Sec. 33. Laws 2020, Fifth Special Session chapter 3, article 1, section 21, subdivision 47, is amended to read:
Subd. 47. Willernie;
|
|
|
160,000 |
For a grant to the city of Willernie to replace
the roof of the city hall, and, if any money is remaining, for capital
improvements in conjunction with the Washington County road 12 project,
including replacing and extending the sidewalk, replacement of a water main, and moving or removing a retaining wall demolish a maintenance building and to design, engineer, construct, and equip a new maintenance building.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 6, is amended to read:
Subd. 6. Arden
Hills; Water Main |
|
|
|
500,000 |
For a grant to the city of Arden Hills to acquire permanent easements for and to engineer and install a water main extending along Lexington Avenue, from County Road E to marked Interstate Highway 694.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 35. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 8, is amended to read:
Subd. 8. Austin;
Wastewater Treatment Plant |
|
|
|
7,450,000 |
For a grant to the city of Austin to for
predesign, design, and engineer engineering
improvements for upgrades to the city's wastewater treatment facility. Any balance of funds may be utilized for
the construction of the wastewater treatment facility in subsequent phases.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 36. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 18, is amended to read:
Subd. 18. Mahnomen;
Water Infrastructure |
|
|
|
650,000 |
For a grant under Minnesota Statutes,
section 446A.07, to the city of Mahnomen for to construct
improvements to the city's water wastewater infrastructure. This grant is not subject to the project
priority list set forth in Minnesota Statutes, section 446A.07, subdivision 4.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 19, is amended to read:
Subd. 19. Mahnomen;
Drinking Water Infrastructure |
|
|
|
1,250,000 |
For a grant under Minnesota Statutes,
section 446A.081, to the city of Mahnomen for to construct
improvements to the city's drinking water infrastructure. This grant is not subject to the project
priority list set forth in Minnesota
Statutes, section 446A.081, subdivision 5.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 21, is amended to read:
Subd. 21. Mendota;
Water Infrastructure |
|
|
|
650,000 |
For a grant to the city of Mendota to
predesign, design, engineer, and construct the extension of improvements
to the water main throughout the city of Mendota to allow residents to
connect with the Saint Paul Regional Water Services distribution
system.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 39. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 23, is amended to read:
Subd. 23. Oronoco; Regional Wastewater System Infrastructure Grant |
|
|
24,027,000 |
(a) Of this amount, $1,350,000 is for a grant
to the city of Oronoco to acquire land and easements, design, and engineer a
wastewater collection, conveyance, and treatment system and associated water
distribution improvements to serve the city of Oronoco and the region including
the Oronoco Estates Manufactured Home Community. Any amount remaining after completion of
design, engineering, and acquisition may be applied to the purposes described
in subdivision 2 paragraph (b).
(b) Of this amount, $22,677,000 is for a grant to the city of Oronoco to construct and provide construction-related engineering for a wastewater collection, conveyance, and treatment system and associated water distribution improvements to serve the city of Oronoco and the region including the Oronoco Estates Manufactured Home Community.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 40. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 28, is amended to read:
Subd. 28. South
Haven; Wells |
|
|
|
1,700,000 |
For a grant to the city of South Haven to acquire land, predesign, design, construct, furnish, and equip two new wells, including a well house, water main, and other related drinking water improvements, in Wright County.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 41. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 30, is amended to read:
Subd. 30. Spring
Park; City Utilities |
|
|
|
1,500,000 |
For a grant to the city of Spring Park for
improvements to the city's water and sewer system and the adjacent roadway
West Arm Drive West in the northwest area of the city on West Arm Drive.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 42. Laws 2020, Fifth Special Session chapter 3, article 1, section 22, subdivision 33, is amended to read:
Subd. 33. Vernon Center; Water Infrastructure Improvements |
|
|
7,984,000 |
For a grant to the city of Vernon Center to
predesign, design, construct, furnish, and equip water infrastructure
improvements, including refurbishing a water tower, and replacement of
wastewater collection treatment facilities, water distribution systems,
storm sanitary sewer system improvements and storm
water collection systems, and related local road improvements.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. Laws 2020, Fifth Special Session chapter 3, article 2, section 2, subdivision 2, is amended to read:
Subd. 2. Railroad
Grade Separations |
|
|
|
110,000,000 |
From the bond proceeds account in the trunk
highway fund to construct for environmental analysis, predesign,
design and engineering, and construction of rail safety projects at trunk
highway-railroad grade crossings in accordance with Minnesota Statutes,
section 219.016 as identified in the Department of Transportation's
crude by rail grade crossing study (Improvements to Highway Grade Crossings and
Rail Safety, December 2014 and revised in 2019).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 44. Laws 2020, Fifth Special Session chapter 3, article 2, section 2, subdivision 4, is amended to read:
Subd. 4. Flood
Mitigation |
|
|
|
23,000,000 |
From the bond proceeds account in the trunk highway fund for environmental analysis, predesign, design, engineering, and reconstruction of trunk highways that experience frequent flooding in Sibley County and Le Sueur County, to modify the elevation of the roadways and reduce closures due to river flooding, for portions of the projects that are eligible for trunk highway bond proceeds.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 45. REGIONAL
AND COUNTY JAILS; STUDY AND REPORT.
Subdivision 1. Study. The commissioner of corrections must
study and make recommendations on the consolidation or merger of county jails
and alternatives to incarceration for persons experiencing mental health
disorders. The commissioner must engage
and solicit feedback from citizens who live in communities served by facilities
that may be impacted by the commissioner's recommendations for the
consolidation or merger of jails. The
commissioner must consult with the following individuals on the study and
recommendations:
(1)
county sheriffs;
(2) county and city attorneys that
prosecute offenders;
(3) chief law enforcement officers;
(4) county boards, administrators of
county jail facilities, and county human service directors in counties
implementing co-response models for certain law enforcement or other first
responders; and
(5) district court administrators.
Each party receiving a request for information from the
commissioner under this section shall provide the requested information in a
timely manner. If a party fails to
provide the requested information within 30 days of the date the information is
due, the party must submit a written explanation to the commissioner as to why
the information was not timely submitted and the date by which the information
will be provided.
Subd. 2. Report. The commissioner of corrections must
file a report with the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over public
safety and capital investment on the study and recommendations under
subdivision 1 on or before December 1, 2022.
This is a onetime report. The
report must, at a minimum, provide the following information:
(1) the daily average number of
offenders incarcerated in each county jail facility:
(i) that are in pretrial detention;
(ii) that cannot afford to pay bail;
(iii) for failure to pay fines and
fees;
(iv) for offenses that stem from
controlled substance addiction or mental health disorders;
(v) for nonfelony offenses;
(vi) that are detained pursuant to
contracts with other authorities; and
(vii) for supervised release and
probation violations;
(2) the actual cost of building a new
jail facility, purchasing another facility, or repairing a current facility;
(3) the age of current jail facilities;
(4) county population totals and
trends;
(5) county crime rates and trends;
(6) the proximity of current jails to
courthouses, probation services, social services, treatment providers, and
work-release employment opportunities;
(7) specific recommendations for
alternatives to jails for mental health disorders;
(8) specific recommendations on the
consolidation or merger of county jail facilities and operations, including:
(i)
where consolidated facilities should be located;
(ii) which counties are best suited for
consolidation;
(iii) the projected costs of
construction, renovation, or purchase of the facility; and
(iv) the projected cost of operating
the facility; and
(9) a list of the parties that did not
timely submit information pursuant to the request for information in
subdivision 1.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 46. HOUSING
POOL BONDING AUTHORITY APPLICATION DEPOSIT REFUND.
Notwithstanding Minnesota Statutes,
sections 474A.061, subdivisions 1a, paragraph (a), and 7; and 474A.21, due to
the unique circumstances of the COVID-19 pandemic, issuers that returned all of
their allocation of bonding authority from the 2020 housing pool, shall receive
a refund of the amount of the application deposit submitted with the issuer's
2020 housing pool application, less any amount previously refunded. Any application deposit money that has not
yet been transferred under Minnesota Statutes, section 474A.21, as of the date
of final enactment that is connected to full returns of bonding authority from
the 2020 housing pool is not required to be deposited in the fund under
Minnesota Statutes, section 462A.201; and the department may instead retain
that money in the separate account in the general fund under Minnesota
Statutes, section 474A.21. The amount
necessary to refund the application deposits under this section is appropriated
to the department from the separate account in the general fund under Minnesota
Statutes, section 474A.21. For purposes
of this section, "department" means the Department of Management and
Budget.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 47. STATE
PARKING ACCOUNT.
Notwithstanding Laws 2013, chapter 136,
section 3, subdivision 5, and Minnesota Statutes, section 16A.643, for fiscal
year 2022, the state parking account is not required to make the transfer to
the state bond fund mandated by Laws 2013, chapter 136, section 3, subdivision
5. The application of this section shall
not otherwise affect the schedule of amounts assessed under Minnesota Statutes,
section 16A.643, for the related capital project for the remaining life of the
bonds.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 48. REPEALER.
Minnesota Statutes 2020, sections
16A.93; 16A.94; and 16A.96, are repealed."
Delete the title and insert:
"A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; authorizing the issuance of state bonds; establishing and modifying state programs; modifying prior appropriations; requiring a study and report; appropriating money; amending Minnesota Statutes 2020, sections 16A.86, subdivision 2; 16B.325, subdivision 2; 462A.37, subdivisions 1, 2, 5, by adding a subdivision; 469.53; Laws 2009, chapter 93, article 1, section 14, subdivision 3, as amended; Laws 2014, chapter 294, article 1, sections 21, subdivisions 21, 23, as amended; 22,
subdivision 5, as amended; Laws 2017, First Special Session chapter 8, article 1, sections 7, subdivision 2; 15, subdivision 3, as amended; 20, subdivision 14; Laws 2018, chapter 214, article 1, sections 16, subdivision 2, as amended; 17, subdivision 6; 18, subdivisions 3, 4; 21, subdivision 16; 22, subdivision 6; Laws 2019, chapter 2, article 1, section 2, subdivision 5; Laws 2020, Fifth Special Session chapter 3, article 1, sections 7, subdivisions 3, 18; 13, subdivision 5; 16, subdivisions 5, 7, 15, 16, 36; 20, subdivision 5; 21, subdivisions 14, 20, 23, 37, 44, 47; 22, subdivisions 6, 8, 18, 19, 21, 23, 28, 30, 33; article 2, section 2, subdivisions 2, 4; proposing coding for new law in Minnesota Statutes, chapters 16A; 16B; repealing Minnesota Statutes 2020, sections 16A.93; 16A.94; 16A.96."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Lee from the Committee on Capital Investment to which was referred:
H. F. No. 506, A bill for an act relating to capital investment; modifying prior appropriations for grants to municipalities; amending Laws 2020, Fifth Special Session chapter 3, article 1, sections 20, subdivision 5; 22, subdivisions 18, 19, 23.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 707, A bill for an act relating to public safety; modifying and clarifying criminal sexual conduct provisions; creating a new crime of sexual extortion; amending Minnesota Statutes 2020, sections 609.2325; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2020, sections 609.293, subdivisions 1, 5; 609.34; 609.36.
Reported the same back with the following amendments:
Page 1, after line 8, insert:
"Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial districts composed of the following named counties, respectively, in each of which districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe and one other shall be maintained at the place designated by the chief judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue
Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray,
Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 17 judges;
and permanent chambers shall be maintained in Marshall, Windom, Fairmont, New
Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
Notwithstanding clause (1), item (iii), a person is not
required to register based on conduct described in section 609.3451,
subdivision 3, paragraph (a), unless the person has previously been convicted
of violating section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453;
617.23, subdivision 2, clause (2), or 3; or 617.247.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States."
Page 3, line 15, delete "an intoxicating" and insert "any" and after "substance" insert "or substances"
Page 8, line 19, strike "either" and insert "any"
Page 9, line 22, delete "either" and insert "any"
Page 12, line 4, strike "either" and insert "any"
Page 12, line 30, delete "another person" and insert "anyone under 18 years of age"
Page 13, line 6, delete "either" and insert "any"
Page 13, lines 14 and 15, before "an" insert "the actor or"
Page 15, line 22, delete "another person" and insert "anyone under 18 years of age"
Page 16, line 13, reinstate "force
or"
Page 19, line 13, delete "another person" and insert "anyone under 18 years of age"
Page 20, line 8, reinstate "force
or"
Page 30, after line 14, insert:
"Sec. 19. Minnesota Statutes 2020, section 609.347, is amended by adding a subdivision to read:
Subd. 8. Voluntary
intoxication defense for certain mentally incapacitated cases; clarification of
applicability. (a) The
"knows or has reason to know" mental state requirement for violations
of sections 609.342 to 609.345 involving a
complainant who is mentally incapacitated, as defined in section 609.341,
subdivision 7, clause (2), is a specific intent crime for purposes of
determining the applicability of the voluntary intoxication defense described
in section 609.075. This defense may be
raised by a defendant if the defense is otherwise applicable under section
609.075 and related case law.
(b) Nothing in paragraph (a) may be
interpreted to change the application of the defense to other crimes.
(c) Nothing in paragraph (a) is
intended to change the scope or limitations of the defense or case law
interpreting it beyond clarifying that the defense is available to a defendant
described in paragraph (a).
EFFECTIVE DATE. The section is effective August 1, 2021, and
applies to crimes committed on or after that date.
Sec. 20. Minnesota Statutes 2020, section 624.712, subdivision 5, is amended to read:
Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the
benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3458 (sexual extortion); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses."
Page 31, delete sections 20 and 21 and insert:
"Sec. 22. REVISOR
INSTRUCTION.
(a) The revisor of statutes shall make
necessary cross-reference changes and remove statutory cross-references in
Minnesota Statutes to conform with this act.
The revisor may make technical and other necessary changes to language
and sentence structure to preserve the meaning of the text.
(b) In Minnesota Statutes, the revisor of statutes shall modify the headnote to Minnesota Statutes, section 609.347, to reflect the amendment to that section contained in this act."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. No. 707 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Hassan; Xiong, J.; Gomez; Lee; Vang; Frazier; Her; Hollins and Becker-Finn introduced:
H. F. No. 2543, A bill for an act relating to public safety; prohibiting the use of certain traffic stop-related information as criteria for peace officer job performance; amending Minnesota Statutes 2020, sections 169.985; 299D.08.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
Robbins, Haley, Koznick, Nash and Scott introduced:
H. F. No. 2544, A bill for an act relating to unemployment; replenishing the unemployment insurance trust fund; appropriating money.
The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.
Lee; Xiong, J.; Gomez; Hassan; Richardson; Frazier; Becker-Finn and Vang introduced:
H. F. No. 2545, A bill for an act relating to state government; appropriating money to the Legislative Coordinating Commission for translation services.
The bill was read for the first time and referred to the Committee on State Government Finance and Elections.
Xiong, J.; Gomez; Hassan; Lee; Noor; Frazier; Hollins; Agbaje; Koegel; Jordan; Davnie; Greenman; Boldon; Keeler; Berg; Reyer and Freiberg introduced:
H. F. No. 2546, A bill for an act relating to public safety; prohibiting law enforcement from using tear gas, chemical weapons, and kinetic energy munitions; amending Minnesota Statutes 2020, section 624.731, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes, chapter 626.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Winkler from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Wednesday, April
21, 2021 and established a prefiling requirement for amendments offered to the
following bills:
S. F. Nos. 970 and 958.
CALENDAR FOR THE DAY
S. F. No. 975 was reported
to the House.
Bernardy moved to amend
S. F. No. 975, the third engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 993, the second
engrossment:
"ARTICLE 1
APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2022 |
2023 |
Sec. 2. MINNESOTA
OFFICE OF HIGHER EDUCATION |
|
|
|
Subdivision 1. Total
Appropriation |
|
$275,338,000 |
|
$275,198,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. State
Grants |
|
210,587,000
|
|
210,587,000
|
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
Subd. 3. Child
Care Grants |
|
6,694,000 |
|
6,694,000 |
Subd. 4. State
Work-Study |
|
14,502,000 |
|
14,502,000 |
Subd. 5. Interstate
Tuition Reciprocity |
|
8,500,000 |
|
8,500,000 |
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available to meet reciprocity contract obligations.
Subd. 6. Safety
Officer's Survivors |
|
100,000
|
|
100,000
|
This appropriation is to provide
educational benefits under Minnesota Statutes, section 299A.45, to eligible
dependent children and to the spouses of public safety officers killed in the
line of duty.
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
Subd. 7. American
Indian Scholarships |
|
3,500,000
|
|
3,500,000
|
The commissioner must contract with or
employ at least one person with demonstrated competence in American Indian
culture and residing in or near the city of Bemidji to assist students with the
scholarships under Minnesota Statutes, section 136A.126, and with other
information about financial aid for which the students may be eligible. Bemidji State University must provide office
space at no cost to the Office of Higher Education for purposes of
administering the American Indian scholarship program under Minnesota Statutes,
section 136A.126. This appropriation includes
funding to administer the American Indian scholarship program.
Subd. 8. Tribal
College Grants |
|
150,000
|
|
150,000
|
For tribal college assistance grants under
Minnesota Statutes, section 136A.1796.
Subd. 9. Intervention for College Attendance Program Grants |
1,500,000
|
|
1,500,000
|
For the intervention for college
attendance program under Minnesota Statutes, section 136A.861.
The commissioner may use no more than
three percent of this appropriation to administer the intervention for college
attendance program grants.
Subd. 10. Student-Parent
Information |
|
122,000 |
|
122,000 |
Subd. 11. Get
Ready! |
|
180,000 |
|
180,000 |
Subd. 12. Minnesota
Education Equity Partnership |
|
45,000 |
|
45,000 |
Subd. 13. Midwest
Higher Education Compact |
|
115,000 |
|
115,000 |
Subd. 14. United
Family Medicine Residency Program |
|
501,000 |
|
501,000 |
For a grant to United Family Medicine
residency program. This appropriation
shall be used to support up to 21 resident physicians each year in family
practice at United Family Medicine residency programs and shall prepare doctors
to practice family care medicine in underserved rural and urban areas of the
state. It is intended that this program
will improve health care in underserved communities, provide affordable access
to appropriate medical care, and manage the treatment of patients in a
cost-effective manner.
Subd. 15. MnLINK
Gateway and Minitex |
|
5,905,000 |
|
5,905,000 |
Subd. 16. Statewide Longitudinal Education Data System |
1,782,000
|
|
1,782,000
|
|
Subd. 17. Hennepin
Healthcare |
|
645,000 |
|
645,000 |
For transfer to Hennepin Healthcare for
graduate family medical education programs at Hennepin Healthcare.
Subd. 18. College
Possible |
|
500,000
|
|
500,000
|
(a) This appropriation is for immediate
transfer to College Possible to support programs of college admission and
college graduation for low-income students through an intensive curriculum of
coaching and support at both the high school and postsecondary level.
(b) This appropriation must, to the extent
possible, be proportionately allocated between students from greater Minnesota
and students in the seven-county metropolitan area.
(c) This appropriation must be used by
College Possible only for programs supporting students who are residents of
Minnesota and attending colleges or universities within Minnesota.
(d) By February 1 of each year, College
Possible must report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over higher education
and E-12 education on activities funded by this appropriation. The report must include, but is not limited
to, information about the expansion of College Possible in Minnesota, the
number of College Possible coaches hired, the expansion within existing partner
high schools, the expansion of high school partnerships, the number of high
school and college students served, the total hours of community service by
high school and college students, and a list of communities and organizations
benefiting from student service hours.
Subd. 19. Spinal Cord Injury and Traumatic Brain Injury Research Grant Program |
3,000,000
|
|
3,000,000
|
For transfer to the spinal cord and
traumatic brain injury grant account in the special revenue fund under
Minnesota Statutes, section 136A.901, subdivision 1.
The commissioner may use no more than three
percent of the amount transferred under this subdivision to administer the
grant program.
Subd. 20. Summer
Academic Enrichment Program |
|
750,000
|
|
750,000
|
For summer academic enrichment grants under
Minnesota Statutes, section 136A.091.
The commissioner may use no more than three
percent of this appropriation to administer the grant program under this
subdivision.
Subd. 21. Dual Training Competency Grants; Office of Higher Education |
2,000,000
|
|
2,000,000
|
For transfer to the Dual Training
Competency Grants account in the special revenue fund under Minnesota Statutes,
section 136A.246, subdivision 10.
Subd. 22. Campus
Sexual Assault Reporting |
|
25,000
|
|
25,000
|
For the sexual assault reporting required
under Minnesota Statutes, section 135A.15.
Subd. 23. Campus Sexual Violence Prevention and Response Coordinator |
150,000
|
|
150,000
|
For the Office of Higher Education to staff
a campus sexual violence prevention and response coordinator to serve as a
statewide resource providing professional development and guidance on best
practices for postsecondary institutions.
$50,000 each year is for administrative funding to conduct trainings and
provide materials to postsecondary institutions.
Subd. 24. Emergency Assistance for Postsecondary
Students |
825,000
|
|
825,000
|
(a) This appropriation is for the Office of
Higher Education to allocate grant funds on a matching basis to eligible
institutions as defined under Minnesota Statutes, section 136A.103, located in
Minnesota with a demonstrable homeless student population.
(b) This appropriation shall be used to
meet immediate student needs that could result in a student not completing the
term or their program including, but not limited to, emergency housing, food,
and transportation. Institutions shall
minimize any negative impact on student financial aid resulting from the receipt
of emergency funds.
(c) The commissioner shall determine the
application process and the grant amounts.
The Office of Higher Education shall partner with interested
postsecondary institutions, other state agencies, and student groups to
establish the programs.
Subd. 25. Grants to Teacher Candidates in Shortage Areas |
500,000
|
|
500,000
|
For grants to teacher candidates in
shortage areas under Minnesota Statutes, section 136A.1275.
The commissioner may use no more than three
percent of the appropriation for administration of the program.
Subd. 26. Grants to Underrepresented Teacher
Candidates |
2,293,000
|
|
2,628,000
|
For grants to underrepresented teacher
candidates under Minnesota Statutes, section 136A.1274.
The
commissioner may use no more than three percent of the appropriation for
administration of the program.
Subd. 27. Teacher
Shortage Loan Forgiveness |
|
200,000
|
|
200,000
|
For transfer to the teacher shortage loan
forgiveness repayment account in the special revenue fund under Minnesota
Statutes, section 136A.1791, subdivision 8.
The commissioner may use no more than three
percent of the amount transferred under this subdivision to administer the
program.
Subd. 28. Large Animal Veterinarian Loan Forgiveness Program |
375,000
|
|
375,000
|
For transfer to the large animal
veterinarian loan forgiveness program account in the special revenue fund under
Minnesota Statutes, section 136A.1795, subdivision 2.
Subd. 29. Agricultural
Educators Loan Forgiveness |
|
50,000
|
|
50,000
|
For transfer to the agricultural education
loan forgiveness account in the special revenue fund under Minnesota Statutes,
section 136A.1794, subdivision 2.
Subd. 30. Aviation Degree Loan Forgiveness Program |
25,000
|
|
25,000
|
For transfer to the aviation degree loan
forgiveness program account in the special revenue fund under Minnesota
Statutes, section 136A.1789, subdivision 2.
Subd. 31. Grants for Students with Intellectual and Developmental Disabilities |
200,000
|
|
200,000
|
For grants for students with intellectual
and developmental disabilities under Minnesota Statutes, section 136A.1215.
Subd. 32. Loan
Repayment Assistance Program |
|
25,000
|
|
25,000
|
For a grant to the Loan Repayment
Assistance Program of Minnesota to provide education debt relief to attorneys
with full‑time employment providing legal advice or representation to
low-income clients or support services for this work.
Subd. 33. Minnesota Independence College and Community |
1,000,000
|
|
1,000,000
|
For a grant to Minnesota Independence
College and Community for need-based scholarships and tuition reduction. Beginning with students first enrolled in the
fall of 2019, eligibility is limited to resident students as defined in
Minnesota Statutes, section 136A.101, subdivision 8.
Subd. 34. Student
Loan Debt Counseling |
|
200,000
|
|
200,000
|
For student loan debt counseling under
Minnesota Statutes, section 136A.1788.
The Office of Higher Education may use no
more than three percent of the appropriation to administer the student loan
debt counseling program.
Subd. 35. Hunger-Free
Campus Grants |
|
275,000
|
|
223,000
|
(a) For grants to Minnesota postsecondary
institutions to meet and maintain the criteria in Minnesota Statutes, section
136F.245, to address food insecurity on campus.
(b) Awards must be based on head count for
the most recently completed academic year.
(c) Institutions must provide matching
funds to receive the hunger‑free campus grant.
(d) The commissioner of the Office of
Higher Education, in collaboration with the statewide student associations
designated in Minnesota Statutes, section 136F.245, subdivision 2, shall create
an application process and selection criteria for awarding the grants.
Subd. 36. Concurrent
Enrollment Grants |
|
340,000
|
|
340,000
|
For concurrent enrollment grants under
Minnesota Statutes, section 136A.91.
Subd. 37. Addiction Medicine Graduate Medical
Education Fellowship |
275,000
|
|
275,000
|
(a) This appropriation is for transfer to
the Hennepin County Medical Center to support up to four physicians enrolled in
an addiction medicine fellowship program.
This is a onetime appropriation.
(b) This appropriation shall be used:
(1) to train fellows in: (i) diagnostic interviewing; (ii)
motivational interviewing; (iii) addiction counseling; (iv) recognition and
care of common acute withdrawal syndromes and complications; (v)
pharmacotherapies of addictive disorders; (vi) epidemiology and pathophysiology
of addiction; (vii) identification and treatment of addictive disorders in
special populations; (viii) secondary interventions; (ix) the use of screening
and diagnostic instruments; (x) inpatient care; and (xi) working within a
multidisciplinary team; and
(2)
to prepare fellows to practice addiction medicine in rural and underserved
areas of the state.
Subd. 38. Aspiring
Teachers of Color Scholarships |
|
2,000,000
|
|
2,500,000
|
(a) This appropriation is for the aspiring
teachers of color scholarship program under Minnesota Statutes, section
136A.1273.
(b) The commissioner of the Office of
Higher Education may use no more than three percent of the appropriation to
administer the aspiring teachers of color scholarship program.
(c) This is a onetime appropriation. The base for this appropriation is $0 in
fiscal year 2024 and later.
Subd. 39. Direct
Admissions |
|
925,000
|
|
75,000
|
For the direct admissions pilot program in
article 2, section 39.
Subd. 40. Agency
Administration |
|
4,577,000 |
|
4,504,000 |
Subd. 41. Balances
Forward |
|
|
|
|
A balance in the first year under this
section does not cancel, but is available for the second year.
Subd. 42. Transfers
|
|
|
|
|
The commissioner of the Office of Higher
Education may transfer unencumbered balances from the appropriations in this
section to the state grant appropriation, the interstate tuition reciprocity
appropriation, the child care grant appropriation, the Indian scholarship
appropriation, the state work-study appropriation, the get ready appropriation,
the intervention for college attendance appropriation, the student-parent
information appropriation, the summer academic enrichment program
appropriation, and the public safety officers' survivors appropriation. Transfers from the hunger-free campus
appropriation may only be made to the emergency assistance for postsecondary
students appropriation. Transfers from
the child care or state work-study appropriations may only be made to the
extent there is a projected surplus in the appropriation. A transfer may be made only with prior
written notice to the chairs and ranking minority members of the senate and
house of representatives committees with jurisdiction over higher education
finance.
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
|
|
|
Subdivision 1. Total
Appropriation |
|
$786,284,000 |
|
$807,384,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Central
Office and Shared Services Unit |
|
33,074,000
|
|
33,074,000
|
For the Office of the Chancellor and the
Shared Services Division.
Subd. 3. Operations
and Maintenance |
|
749,095,000
|
|
770,195,000
|
(a) For the 2021-2022 and 2022-2023
academic years, the tuition rates for undergraduates at colleges and
universities must not exceed the 2020-2021 academic year rates.
(b) $3,000,000 in fiscal year 2022 and
$3,000,000 in fiscal year 2023 are to provide supplemental aid for operations
and maintenance to the president of each two-year institution in the system
with at least one campus that is not located in a metropolitan county, as
defined in Minnesota Statutes, section 473.121, subdivision 4. The board shall transfer $100,000 for each
campus not located in a metropolitan county in each year to the president of
each institution that includes such a campus, provided that no institution may
receive more than $300,000 in total supplemental aid each year.
(c) The Board of Trustees is requested to
help Minnesota close the attainment gap by funding activities which improve
retention and completion for students of color.
(d) $4,000,000 in fiscal year 2022 and
$4,000,000 in fiscal year 2023 are for workforce development scholarships under
Minnesota Statutes, section 136F.38.
(e) $300,000 in fiscal year 2022 and
$300,000 in fiscal year 2023 are for transfer to the Cook County Higher
Education Board to provide educational programming, workforce development, and
academic support services to remote regions in northeastern Minnesota. The Cook County Higher Education Board shall
continue to provide information to the Board of Trustees on the number of
students served, credit hours delivered, and services provided to students.
(f) This appropriation includes $40,000 in
fiscal year 2022 and $40,000 in fiscal year 2023 to implement the sexual
assault policies required under Minnesota Statutes, section 135A.15.
(g) This appropriation includes $8,000,000
in fiscal year 2022 and $8,000,000 in fiscal year 2023 for upgrading the
Integrated Statewide Record System.
(h) This appropriation
includes $1,250,000 in fiscal year 2022 and $1,250,000 in fiscal year 2023 to
support students in meeting critical needs, including providing online mental
health resources and an online information hub to connect students with state
and local resources that address basic needs, including housing and food
insecurity.
(i)
This appropriation includes $500,000 in fiscal year 2022 and $500,000 in fiscal
year 2023 to implement the Z-Degree program under Minnesota Statutes, section
136F.305. This is a onetime
appropriation.
(j) This appropriation includes $400,000
in fiscal year 2022 and $0 in fiscal year 2023 for the career and technical
educator pilot project under article 2, section 40. Of this amount, $250,000 is for transfer to
Winona State University and $150,000 is for transfer to Minnesota State College
Southeast for the purposes listed in article 2, section 40. Notwithstanding Minnesota Statutes, section
16A.28, unencumbered balances under this section do not cancel until July 1,
2025.
(k) $100,000 in fiscal year 2022 and $100,000
in fiscal year 2023 are for the mental health services for students required
under Minnesota Statutes, section 136F.20, subdivision 3.
(l) The total operations and maintenance
base for fiscal year 2024 and later is $769,695,000.
Subd. 4. Learning
Network of Minnesota |
|
4,115,000
|
|
4,115,000
|
Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
|
|
|
Subdivision 1. Total
Appropriation |
|
$688,313,000 |
|
$700,563,000 |
Appropriations
by Fund |
||
|
2022
|
2023
|
General |
686,156,000
|
698,406,000
|
Health Care Access |
2,157,000
|
2,157,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Operations
and Maintenance |
|
616,718,000
|
|
628,968,000
|
(a) $15,000,000 in fiscal year 2022 and
$15,000,000 in fiscal year 2023 are to: (1)
increase the medical school's research capacity; (2) improve the medical
school's ranking in National Institutes of Health funding; (3) ensure the
medical school's national prominence by attracting and retaining world-class
faculty, staff, and students; (4) invest in physician training programs in
rural and underserved communities; and (5) translate the medical school's
research discoveries into new treatments and cures to improve the health of
Minnesotans.
(b)
$7,800,000 in fiscal year 2022 and $7,800,000 in fiscal year 2023 are for
health training restoration. This
appropriation must be used to support all of the following: (1) faculty physicians who teach at eight
residency program sites, including medical resident and student training
programs in the Department of Family Medicine; (2) the Mobile Dental Clinic;
and (3) expansion of geriatric education and family programs.
(c) $4,000,000 in fiscal year 2022 and
$4,000,000 in fiscal year 2023 are for the Minnesota Discovery, Research, and
InnoVation Economy funding program for cancer care research.
(d) $500,000 in fiscal year 2022 and
$500,000 in fiscal year 2023 are for the University of Minnesota, Morris
branch, to cover the costs of tuition waivers under Minnesota Statutes, section
137.16.
(e) $150,000 in fiscal year 2022 and
$150,000 in fiscal year 2023 are for the advisory council on rare diseases
under Minnesota Statutes, section 137.68.
The base for this appropriation is $0 in fiscal year 2024 and later.
(f) The total operations and maintenance
base for fiscal year 2024 and later is $628,818,000.
Subd. 3. Primary
Care Education Initiatives |
|
2,157,000
|
|
2,157,000
|
This appropriation is from the health care
access fund.
Subd. 4. Special
Appropriations |
|
|
|
|
(a) Agriculture and Extension Service |
|
42,922,000
|
|
42,922,000
|
For the Agricultural Experiment Station and
the Minnesota Extension Service:
(1) the agricultural experiment stations
and Minnesota Extension Service must convene agricultural advisory groups to
focus research, education, and extension activities on producer needs and
implement an outreach strategy that more effectively and rapidly transfers
research results and best practices to producers throughout the state;
(2) this appropriation includes funding for
research and outreach on the production of renewable energy from Minnesota
biomass resources, including agronomic crops, plant and animal wastes, and
native plants or trees. The following
areas should be prioritized and carried out in consultation with Minnesota
producers, renewable energy, and bioenergy organizations:
(i) biofuel and other energy production
from perennial crops, small grains, row crops, and forestry products in
conjunction with the Natural Resources Research Institute (NRRI);
(ii)
alternative bioenergy crops and cropping systems; and
(iii) biofuel coproducts used for
livestock feed;
(3) this appropriation includes funding
for the College of Food, Agricultural, and Natural Resources Sciences to
establish and provide leadership for organic agronomic, horticultural,
livestock, and food systems research, education, and outreach and for the
purchase of state-of-the-art laboratory, planting, tilling, harvesting, and
processing equipment necessary for this project;
(4) this appropriation includes funding
for research efforts that demonstrate a renewed emphasis on the needs of the
state's agriculture community. The
following areas should be prioritized and carried out in consultation with
Minnesota farm organizations:
(i) vegetable crop research with priority
for extending the Minnesota vegetable growing season;
(ii) fertilizer and soil fertility
research and development;
(iii) soil, groundwater, and surface water
conservation practices and contaminant reduction research;
(iv) discovering and developing plant
varieties that use nutrients more efficiently;
(v) breeding and development of turf seed
and other biomass resources in all three Minnesota biomes;
(vi) development of new disease-resistant
and pest-resistant varieties of turf and agronomic crops;
(vii) utilizing plant and livestock cells
to treat and cure human diseases;
(viii) the development of dairy
coproducts;
(ix) a rapid agricultural response fund
for current or emerging animal, plant, and insect problems affecting production
or food safety;
(x) crop pest and animal disease research;
(xi) developing animal agriculture that is
capable of sustainably feeding the world;
(xii) consumer food safety education and
outreach;
(xiii) programs to meet the research and
outreach needs of organic livestock and crop farmers; and
(xiv)
alternative bioenergy crops and cropping systems; and growing, harvesting, and
transporting biomass plant material; and
(5) by February 1, 2023, the Board of
Regents must submit a report to the legislative committees and divisions with
jurisdiction over agriculture and higher education finance on the status and
outcomes of research and initiatives funded in this paragraph.
(b) Health Sciences |
|
9,204,000
|
|
9,204,000
|
$346,000 each year is to support up to 12
resident physicians in the St. Cloud Hospital family practice residency
program. The program must prepare
doctors to practice primary care medicine in rural areas of the state. The legislature intends this program to
improve health care in rural communities, provide affordable access to
appropriate medical care, and manage the treatment of patients in a more
cost-effective manner. The remainder of
this appropriation is for the rural physicians associates program; the
Veterinary Diagnostic Laboratory; health sciences research; dental care; the
Biomedical Engineering Center; and the collaborative partnership between the
University of Minnesota and Mayo Clinic for regenerative medicine, research,
clinical translation, and commercialization.
(c) College of Science and Engineering |
|
1,140,000
|
|
1,140,000
|
For the geological survey and the talented
youth mathematics program.
(d) System Special |
|
8,181,000
|
|
8,181,000
|
For general research, the Labor Education
Service, Natural Resources Research Institute, Center for Urban and Regional
Affairs, Bell Museum of Natural History, and the Humphrey exhibit.
$3,000,000 in fiscal year 2022 and
$3,000,000 in fiscal year 2023 are for the Natural Resources Research Institute
to invest in applied research for economic development.
The base for this appropriation is
$7,181,000 in fiscal year 2024 and later and, of this amount, $2,000,000 per
fiscal year is for the Natural Resources Research Institute to invest in
applied research for economic development.
(e) University
of Minnesota and Mayo Foundation Partnership |
7,991,000
|
|
7,991,000
|
This appropriation is for the following
activities:
(1)
$7,491,000 in fiscal year 2022 and $7,491,000 in fiscal year 2023 are for the
direct and indirect expenses of the collaborative research partnership between
the University of Minnesota and the Mayo Foundation for research in
biotechnology and medical genomics. An
annual report on the expenditure of these funds must be submitted to the
governor and the chairs of the legislative committees responsible for higher
education finance by June 30 of each fiscal year.
(2) $500,000 in fiscal year 2022 and
$500,000 in fiscal year 2023 are to award competitive grants to conduct
research into the prevention, treatment, causes, and cures of Alzheimer's
disease and other dementias.
Subd. 5. Academic
Health Center |
|
|
|
|
The appropriation for Academic Health
Center funding under Minnesota Statutes, section 297F.10, is estimated to be
$22,250,000 each year.
Sec. 5. MAYO
CLINIC |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$1,351,000 |
|
$1,351,000 |
The amounts that may be spent are
specified in the following subdivisions.
Subd. 2. Medical
School |
|
665,000
|
|
665,000
|
The state must pay a capitation each year
for each student who is a resident of Minnesota. The appropriation may be transferred between
each year of the biennium to accommodate enrollment fluctuations. It is intended that during the biennium the
Mayo Clinic use the capitation money to increase the number of doctors
practicing in rural areas in need of doctors.
Subd. 3. Family Practice and Graduate Residency
Program |
686,000
|
|
686,000
|
The state must pay stipend support for up
to 27 residents each year.
Sec. 6. CANCELLATIONS;
FISCAL YEAR 2021.
(a) $340,000 of the fiscal year 2021
general fund appropriation under Laws 2019, chapter 64, article 1, section 2,
subdivisions 11, 25, and 26, is canceled.
(b)
$5,000,000 of the fiscal year 2021 general fund appropriation under Laws 2019,
chapter 64, article 1, section 2, subdivision 2, is canceled.
(c) This section is effective the day
following final enactment.
ARTICLE 2
HIGHER EDUCATION PROVISIONS
Section 1.
[135A.144] TRANSCRIPT ACCESS.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section.
(b) "Debt" means any money,
obligation, claim, or sum, due or owed, or alleged to be due or owed, from a
student that appears on the student account.
Debt does not include the fee, if any, charged to all students for the
actual costs of providing the transcripts.
(c) "School" means any public
institution governed by the Board of Trustees of the Minnesota State Colleges
and Universities, private postsecondary educational institution as defined
under section 136A.62 or 136A.821, or public or private entity responsible for
providing transcripts to current or former students of an educational
institution. Institutions governed by
the Board of Regents of the University of Minnesota are requested to comply
with this section.
(d) "Transcript" means the
statement of an individual's academic record, including official transcripts or
the certified statement of an individual's academic record provided by a school,
and unofficial transcripts or the uncertified statement of an individual's
academic record provided by a school.
Subd. 2. Prohibited
practices. A school must not:
(1) refuse to provide a transcript for
a current or former student because the student owes a debt to the school if:
(i) the debt owed is less than $500;
(ii) the student has entered into and,
as determined by the institution, is in compliance with a payment plan with the
school;
(iii) the transcript request is made by
a prospective employer for the student; or
(iv) the school has sent the debt for
repayment to the Department of Revenue or to a collection agency, as defined in
section 332.31, subdivision 3, external to the institution; or
(2) charge an additional or a higher
fee for obtaining a transcript or provide less favorable treatment of a
transcript request because a student owes a debt to the originating school.
Subd. 3. Institutional
policy. (a) Institutions that
use transcript issuance as a tool for debt collection must have a policy
accessible to students that outlines how the institution collects on debts owed
to the institution.
(b) Institutions shall seek to use
transcript issuance as a tool for debt collection for the fewest number of
cases possible.
Sec. 2. [136A.057]
STUDENT TRANSFER REPORTING.
(a) The commissioner must report on the
office's website summary data on students who, within the most recent academic
year, withdrew from enrollment without completing a degree or credential
program at a public postsecondary institution in Minnesota. The summary data must include whether the
students who withdrew transferred to another institution and the institutions
transferred to and from.
(b)
Summary data must be aggregated by postsecondary institution and degree or
credential program. Summary data must be
disaggregated by race, ethnicity, Pell eligibility, and age.
(c) The commissioner must post the
initial data on the office's website on or before February 15, 2022, and must
update the data at least annually thereafter.
Sec. 3. Minnesota Statutes 2020, section 136A.101, subdivision 5a, is amended to read:
Subd. 5a. Assigned
family responsibility. "Assigned
family responsibility" means the amount of a family's contribution to a
student's cost of attendance, as determined by a federal need analysis. For dependent students, the assigned family
responsibility is 82 percent of the parental contribution. For independent students with dependents
other than a spouse, the assigned family responsibility is 74 73
percent of the student contribution. For
independent students without dependents other than a spouse, the assigned
family responsibility is 38 37 percent of the student
contribution.
Sec. 4. Minnesota Statutes 2020, section 136A.121, subdivision 2, is amended to read:
Subd. 2. Eligibility for grants. (a) An applicant is eligible to be considered for a grant, regardless of the applicant's sex, creed, race, color, national origin, or ancestry, under sections 136A.095 to 136A.131 if the office finds that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent, or is 17 years of age or over, and has met all requirements for admission as a student to an eligible college or technical college of choice as defined in sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in Minnesota Rules;
(4) is not in default, as defined by the office, of any federal or state student educational loan; and
(5) is not more than 30 days in arrears in court-ordered child support that is collected or enforced by the public authority responsible for child support enforcement or, if the applicant is more than 30 days in arrears in court‑ordered child support that is collected or enforced by the public authority responsible for child support enforcement, but is complying with a written payment agreement under section 518A.69 or order for arrearages.
(b) A student who is entitled to
an additional semester or the equivalent of grant eligibility if the student
withdraws from enrollment:
(1) for active military service
after December 31, 2002, because the student was ordered to active military
service as defined in section 190.05, subdivision 5b or 5c, or who withdraws
from enrollment;
(2) for a major illness serious
health condition, while under the care of a medical professional, that
substantially limits the student's ability to complete the term is entitled
to an additional semester or the equivalent of grant eligibility.; or
(3) while providing care that
substantially limits the student's ability to complete the term to the
student's spouse, child, or parent who has a serious health condition.
Sec. 5. Minnesota Statutes 2020, section 136A.121, subdivision 6, is amended to read:
Subd. 6. Cost
of attendance. (a) The recognized
cost of attendance consists of: (1) an
allowance specified in law for living and miscellaneous expenses, and (2) an
allowance for tuition and fees equal to the lesser of the average tuition and
fees charged by the institution, or a tuition and fee maximum if one is
established in law. If no living and
miscellaneous expense allowance is established in law, the allowance is equal
to 106 113 percent of the federal poverty guidelines for a one
person household in Minnesota for nine months.
If no tuition and fee maximum is established in law, the allowance for
tuition and fees is equal to the lesser of:
(1) the average tuition and fees charged by the institution, and (2) for
two-year programs, an amount equal to the highest tuition and fees charged at a
public two-year institution, or for four-year programs, an amount equal to the
highest tuition and fees charged at a public university.
(b) For a student registering for less than full time, the office shall prorate the cost of attendance to the actual number of credits for which the student is enrolled.
(c) The recognized cost of attendance for a student who is confined to a Minnesota correctional institution shall consist of the tuition and fee component in paragraph (a), with no allowance for living and miscellaneous expenses.
(d) For the purpose of this subdivision, "fees" include only those fees that are mandatory and charged to full‑time resident students attending the institution. Fees do not include charges for tools, equipment, computers, or other similar materials where the student retains ownership. Fees include charges for these materials if the institution retains ownership. Fees do not include optional or punitive fees.
Sec. 6. Minnesota Statutes 2020, section 136A.121, subdivision 9, is amended to read:
Subd. 9. Awards. An undergraduate student who meets the office's requirements is eligible to apply for and receive a grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or previously has been enrolled full time or the equivalent for eight semesters or the equivalent, excluding (1) courses taken from a Minnesota school or postsecondary institution which is not participating in the state grant program and from which a student transferred no credit, and (2) courses taken that qualify as developmental education or below college-level. A student enrolled in a two-year program at a four-year institution is only eligible for the tuition and fee maximums established by law for two-year institutions.
Sec. 7. Minnesota Statutes 2020, section 136A.125, subdivision 2, is amended to read:
Subd. 2. Eligible students. (a) An applicant is eligible for a child care grant if the applicant:
(1) is a resident of the state of Minnesota or the applicant's spouse is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled as defined in section 125A.02, and who is receiving or will receive care on a regular basis from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's policies and rules, but is not a recipient of assistance from the Minnesota family investment program;
(4) either has not earned a
baccalaureate degree and has been enrolled full time less than received
child care grant funds for a period of ten semesters or the equivalent,
or has earned a baccalaureate degree and has been enrolled full time less than
ten semesters or the equivalent in a graduate or professional degree program;
(5) is pursuing a nonsectarian program or course of study that applies to an undergraduate, graduate, or professional degree, diploma, or certificate;
(6)
is enrolled in at least six credits one credit in an
undergraduate program or one credit in a graduate or professional program in an
eligible institution; and
(7) is in good academic standing and making satisfactory academic progress.
(b) A student who is entitled to
an additional semester or equivalent of grant eligibility and will be
considered to be in continuing enrollment status upon return if the student
withdraws from enrollment:
(1) for active military service
after December 31, 2002, because the student was ordered to active military
service as defined in section 190.05, subdivision 5b or 5c, or;
(2) for a major illness serious
health condition, while under the care of a medical professional, that
substantially limits the student's ability to complete the term is entitled
to an additional semester or the equivalent of grant eligibility and will be
considered to be in continuing enrollment status upon return.; or
(3) while providing care that
substantially limits the student's ability to complete the term to the
student's spouse, child, or parent who has a serious health condition.
Sec. 8. Minnesota Statutes 2020, section 136A.125, subdivision 4, is amended to read:
Subd. 4. Amount
and length of grants. (a) The
amount of a child care grant must be based on:
(1) the income of the applicant and the
applicant's spouse;
(2) the number in the applicant's
family, as defined by the office; and
(3) the number of eligible children in
the applicant's family.
(b) (a) The maximum award to
the applicant shall be $3,000 equals the maximum federal Pell Grant
for each eligible child per academic year, except that the campus financial aid
officer may apply to the office for approval to increase grants by up to ten
percent to compensate for higher market charges for infant care in a community. The office shall develop policies to
determine community market costs and review institutional requests for
compensatory grant increases to ensure need and equal treatment. The office shall prepare a chart to show the
amount of a grant that will be awarded per child based on the factors in this
subdivision. The chart shall include a
range of income and family size.
(c) (b) Applicants with family
incomes expected family contributions at or below a percentage of
the federal poverty level the qualifying expected family contribution
for the federal Pell Grant, as determined by the commissioner, will
qualify for the maximum award. The
commissioner shall attempt to set the percentage at a level estimated to fully
expend the available appropriation for child care grants. Applicants with family incomes expected
family contributions exceeding that threshold will but less than
200 percent of the qualifying expected family contribution receive the
maximum award minus ten percent of their income exceeding that threshold an
amount proportional to their expected family contribution as determined by the
commissioner. If the result is
less than zero, the grant is zero.
(d) (c) The academic year
award amount must be disbursed by academic term using the following formula:
(1) the academic year amount described in
paragraph (b) (a);
(2) divided by the number of terms in the
academic year; and
(3)
divided by 15 for undergraduate students and six for graduate and professional
students; and
(4) (3) multiplied by the number
of credits for which the student is enrolled that academic term, up to 15
credits for undergraduate students and six for graduate and professional
students. applicable enrollment factor:
(i) 1.00 for undergraduate students
enrolled in 12 or more semester credits or the equivalent or for graduate
students enrolled in six or more semester credits or the equivalent;
(ii) 0.75 for undergraduate students
enrolled in nine, ten, or 11 semester credits or the equivalent or for graduate
students enrolled in five semester credits or the equivalent;
(iii) 0.50 for undergraduate students
enrolled in six, seven, or eight semester credits or the equivalent or for
graduate students enrolled in three or four semester credits or the equivalent;
and
(iv) 0.25 for undergraduate students
enrolled in at least one but less than six semester credits or the equivalent
or for graduate students enrolled in one or two semester credits or the
equivalent.
(e) (d) Payments shall be
made each academic term to the student or to the child care provider, as
determined by the institution. Institutions
may make payments more than once within the academic term.
Sec. 9. Minnesota Statutes 2020, section 136A.126, subdivision 1, is amended to read:
Subdivision 1. Student eligibility. The commissioner shall establish procedures for the distribution of scholarships to a Minnesota resident student as defined under section 136A.101, subdivision 8, who:
(1) is of one-fourth or more Indian ancestry or is an enrolled member or citizen of a federally recognized American Indian or Canadian First Nations tribe;
(2) has applied for other existing state and federal scholarship and grant programs;
(3) is meeting satisfactory academic progress as defined under section 136A.101, subdivision 10;
(4) is not in default, as defined by the office, of a federal or state student educational loan;
(5) if enrolled in an undergraduate program, is eligible or would be eligible to receive a federal Pell Grant or a state grant based on the federal needs analysis and is enrolled for nine semester credits per term or more, or the equivalent; and
(6) if enrolled in a graduate program, demonstrates a remaining financial need in the award amount calculation and is enrolled, per term, on a half-time basis or more as defined by the postsecondary institution.
Sec. 10. Minnesota Statutes 2020, section 136A.126, subdivision 4, is amended to read:
Subd. 4. Award amount. (a) Each student shall be awarded a scholarship based on the federal need analysis. Applicants are encouraged to apply for all other sources of financial aid. The amount of the award must not exceed the applicant's cost of attendance, as defined in subdivision 3, after deducting:
(1) the expected family contribution as calculated by the federal need analysis;
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
(3) the amount of the state grant;
(4) the federal Supplemental Educational Opportunity Grant;
(5) the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts;
(6) the sum of all tribal scholarships;
(7) the amount of any other state and federal gift aid; and
(8) the amount of any private grants or scholarships.
(b) The
award shall be paid directly to the postsecondary institution where the student
receives federal financial aid.
(c) Awards are limited as follows:
(1) the maximum award for an undergraduate
is $4,000 per award academic year;
(2) the maximum award for a graduate student
is $6,000 per award academic year; and
(3) the minimum award for all students is
$100 per award academic year.
(d) Scholarships may not be given to any Indian student for more than three years of study for a two-year degree, certificate, or diploma program or five years of study for a four-year degree program at the undergraduate level and for more than five years at the graduate level. Students may acquire only one degree per level and one terminal graduate degree. Scholarships may not be given to any student for more than ten years including five years of undergraduate study and five years of graduate study.
(e) Scholarships may be given to an
eligible student for four quarters, three semesters, or the equivalent during
the course of a single fiscal year. In
calculating the award amount, the office must use the same calculation it would
for any other term.
Sec. 11. [136A.1273]
ASPIRING MINNESOTA TEACHERS OF COLOR SCHOLARSHIP PROGRAM.
Subdivision 1. Scholarship
program established. The
commissioner must establish a scholarship program to support undergraduate and
graduate students who are preparing to become teachers, have demonstrated
financial need, and belong to racial or ethnic groups underrepresented in the
state's teacher workforce.
Subd. 2. Eligibility. (a) To be eligible for a scholarship
under this section, an applicant must:
(1) be admitted and enrolled in a teacher
preparation program approved by the Professional Educator Licensing and
Standards Board and be seeking initial licensure, or be enrolled in an eligible
institution under section 136A.103 and be completing a two-year program
specifically designed to prepare early childhood educators;
(2) affirm to the teacher preparation
program or the Office of Higher Education that the applicant is a person of
color or American Indian;
(3) be meeting satisfactory academic
progress as defined under section 136A.101, subdivision 10; and
(4) demonstrate financial need based on
criteria developed by the commissioner.
(b) An eligible applicant may receive a
scholarship award more than once, but may receive a total of no more than
$25,000 in scholarship awards from the program.
Subd. 3. Scholarship
award amount. (a) The
commissioner shall establish the scholarship award amount based upon the
anticipated number of eligible applicants and the funds available for the
program. The established award amount is
subject to the requirements of paragraphs (b) through (e) of this subdivision. If the funds available for the program are
insufficient to make full awards to all eligible applicants, the commissioner
must reduce the established scholarship award amount.
(b) The maximum award amount is $10,000
per year for full-time study prior to student teaching. For undergraduate students, full-time study
means enrollment in a minimum of 12 or more credits per term. For graduate students, full-time study means
enrollment that the institution deems sufficient to confer full-time graduate
student status.
(c) If an eligible applicant is enrolled
in a program for one term during the academic year, the maximum award amount is
$5,000. If an eligible applicant is
enrolled part time, the award amount must be prorated on a per-credit basis.
(d) Subject to the funds available for
the program, and subject to the limitation in paragraph (e), the minimum award
amount established under this section for full-time study must be no less than
$1,000 per year.
(e) An eligible applicant's individual
award amount must not exceed the applicant's cost of attendance after
deducting: (1) the sum of all state or
federal grants and gift aid received, including a Pell Grant and state grant;
(2) the sum of all institutional grants, scholarships, tuition waivers, and
tuition remission amounts; and (3) the amount of any private grants or
scholarships.
(f) Established award amounts are not
rulemaking for purposes of chapter 14 or section 14.386.
Subd. 4. Administration. (a) The commissioner must establish an
application process for individual students and institutions on behalf of all
eligible students at the institution and other guidelines for implementing the
scholarship program.
(b) The commissioner must give equal
consideration to all eligible applicants regardless of the order the
application was received before the application deadline.
(c) A scholarship award must be paid to
the eligible applicant's teacher preparation institution on behalf of the eligible
applicant. Awards may be paid only when
the institution has confirmed to the commissioner the applicant's name, racial
or ethnic identity, gender, licensure area sought, and enrollment status.
Subd. 5. Report. By July 15 of each year, the commissioner
must submit an interim report on the scholarship program based on available
data to the legislative committees with jurisdiction over higher education
finance and policy. By December 15 of
each year, the commissioner must submit a full report on the details of the
scholarship program for the previous fiscal year to the legislative committees
with jurisdiction over higher education finance and policy. The reports must also be made available on
the Office of Higher Education's website.
The reports must include the following information:
(1) the number of applicants and the
number of award recipients, each broken down by postsecondary institution with
ten or more recipients;
(2) the total number of awards, the
total dollar amount of all awards, and the average award amount; and
(3) summary data on the racial or ethnic
identity, gender, licensure area sought, and enrollment status of all
applicants and award recipients.
EFFECTIVE
DATE. This section is
effective July 1, 2021, and initial scholarships must be awarded by November 1,
2021.
Sec. 12. [136A.1274]
UNDERREPRESENTED TEACHER CANDIDATE GRANTS.
Subdivision 1. Establishment. The commissioner of the Office of
Higher Education must establish a grant program for student teaching stipends
for low-income students who belong to an underrepresented racial or ethnic
group.
Subd. 2. Eligibility. To be eligible for a grant under this
section, a teacher candidate must:
(1) be enrolled in a Professional
Educator Licensing and Standards Board-approved teacher preparation program at
a higher education institution that requires at least 12 weeks of student
teaching in order to be recommended for any Tier 3 teaching license;
(2) demonstrate financial need based on
criteria established by the commissioner under subdivision 3;
(3) be meeting satisfactory academic
progress as defined under section 136A.101, subdivision 10; and
(4) belong to a racial or ethnic group
underrepresented in the Minnesota teacher workforce.
Subd. 3. Administration. (a) The commissioner must establish an
application process and other guidelines for implementing this program. The commissioner must notify grant recipients
of their award amounts by the following dates:
(1) for fall student teaching
placements, recipients must be notified by August 1;
(2) for spring student teaching
placements, recipients must be notified by December 1; and
(3) for summer student teaching
placements, recipients must be notified by May 1.
These notification deadlines do not apply in cases where
grants are awarded to teacher candidates who applied after application
deadlines and funds remained after the initial round of grants were awarded.
(b) The commissioner must determine
each academic year the stipend amount up to $7,500 based on the amount of
available funding, the number of eligible applicants, and the financial need of
the applicants.
(c) The commissioner must give equal
consideration to all applicants regardless of the order the application was
received before the application deadline.
Subd. 4. Reporting. (a) By July 15 of each year, the
commissioner must submit a report on the details of the program under this
section for the previous fiscal year to the legislative committees with
jurisdiction over higher education finance and policy. The report must include the following
information:
(1) the extent of racial or ethnic
underrepresentation in the teacher workforce statewide and broken down by
economic development region;
(2) the number of eligible applicants
and the number of teacher candidates receiving an award, each broken down by
postsecondary institution; and
(3) the total number of awards, the
total dollar amount of all awards, and the average award amount.
(b)
Within 60 days after each round of award notifications required under
subdivision 3, paragraph (a), the commissioner must publish on the Office of
Higher Education's website an interim report with data on the most recent round
of grant awards. The report must include
the same information required to be included in the report under paragraph (a).
EFFECTIVE
DATE. This section is
effective July 1, 2021, except that the commissioner may delay notification to
student teachers receiving grants for the fall 2021 term until August 15, 2021.
Sec. 13. Minnesota Statutes 2020, section 136A.1275, is amended to read:
136A.1275
TEACHER CANDIDATE GRANTS IN SHORTAGE AREAS.
Subdivision 1. Establishment. (a) The commissioner of the Office of
Higher Education must establish a grant program for student teaching stipends
for low-income students enrolled in a Professional Educator Licensing and
Standards Board-approved teacher preparation program who intend to teach in
a shortage area after graduating and receiving their teaching license or
belong to an underrepresented racial or ethnic group.
(b) "Shortage area" means a license field or economic development region within Minnesota defined as a shortage area by the Professional Educator Licensing and Standards Board in coordination with the commissioner using data collected for the teacher supply and demand report under section 122A.091, subdivision 5.
Subd. 2. Eligibility. To be eligible for a grant under this section, a teacher candidate must:
(1) be enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program at a higher education institution that requires at least 12 weeks of student teaching in order to be recommended for any Tier 3 teaching license;
(2) demonstrate financial need based on criteria established by the commissioner under subdivision 3;
(3) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10; and
(4) intend to teach in a shortage area or
belong to a racial or ethnic group underrepresented in the Minnesota teacher
workforce. Intent can be documented
based on the teacher license field the student is pursuing or a statement of
intent to teach in an economic development region defined as a shortage area in
the year the student receives a grant.
Subd. 3. Administration;
repayment. (a) The commissioner
must establish an application process and other guidelines for implementing
this program. The commissioner must
notify grant recipients of their award amounts by the following dates:
(1) for fall student teaching placements,
recipients must be notified by August 1;
(2) for spring student teaching
placements, recipients must be notified by December 1; and
(3) for summer student teaching
placements, recipients must be notified by May 1.
These notification deadlines do not apply in cases where
grants are awarded to teacher candidates who applied after application
deadlines and funds remained after the initial round of grants were awarded.
(b) The commissioner must determine each academic year the stipend amount up to $7,500 based on the amount of available funding, the number of eligible applicants, and the financial need of the applicants.
(c)
The percentage of the total award funds available at the beginning of the
fiscal year reserved for teacher candidates who identify as belonging to a
racial or ethnic group underrepresented in the Minnesota teacher workforce must
be equal to or greater than the total percentage of students of racial or
ethnic groups underrepresented in the Minnesota teacher workforce as measured
under section 120B.35, subdivision 3. If
this percentage cannot be met because of a lack of qualifying candidates, the
remaining amount may be awarded to teacher candidates who intend to teach in a
shortage area.
(c) The commissioner must give equal consideration
to all applicants regardless of the order the application was received before
the application deadline.
Subd. 4. Reporting. (a) By July 15 of each year, the
commissioner must submit a report on the details of the program under this
section for the previous fiscal year to the legislative committees with
jurisdiction over higher education finance and policy. The report must include the following
information:
(1) the licensure shortage areas giving
rise to award eligibility, organized by economic development region;
(2) the number of eligible applicants
and the number of student teachers receiving an award, each broken down by
postsecondary institution; and
(3) the total number of awards, the
total dollar amount of all awards, and the average award amount.
(b) Within 60 days after each round of
award notifications required under subdivision 3, paragraph (a), the
commissioner must publish on the Office of Higher Education's website an
interim report with data on the most recent round of grant awards. The report must include the same information
required to be included in the report under paragraph (a).
EFFECTIVE
DATE. This section is
effective July 1, 2021, except that the commissioner may delay notification to
student teachers receiving grants for the fall 2021 term until August 15, 2021.
Sec. 14. Minnesota Statutes 2020, section 136A.1704, is amended to read:
136A.1704
STUDENT LOAN REFINANCING.
The office may refinance student and
parent loans as provided by this section and on other terms and conditions the
office prescribes. The office may
establish credit requirements for borrowers and determine what types of student
and parent loans will be eligible for refinancing. The refinanced loan need not have been made
through a loan program administered by the office. Loans shall be made with available funds in
the loan capital fund under section 136A.1785.
The A maximum amount of outstanding loans refinanced under
this section may not exceed $100,000,000 be determined by the office. The maximum loan under this section may not
exceed $70,000 $250,000. In
determining the maximum amount of outstanding loans refinanced, the office
shall take into consideration funding capacity for the SELF Refi program,
delinquency and default loss management, levels of student debt, current
financial market conditions, and other considerations to protect the financial
stability of the program.
Sec. 15. Minnesota Statutes 2020, section 136A.246, subdivision 1, is amended to read:
Subdivision 1. Program
created. The commissioner shall make
grants for the training of employees to achieve the competency standard for an
occupation identified by the commissioner of labor and industry under section
175.45 and Laws 2014, chapter 312, article 3, section 21. "Competency standard" has the
meaning given in section 175.45, subdivision 2. An individual must, no later than the
commencement of the training, be an employee of the employer seeking a grant to
train that individual.
Sec. 16. Minnesota Statutes 2020, section 136A.246, is amended by adding a subdivision to read:
Subd. 1a. Definitions. (a) The terms defined in this
subdivision apply to this section.
(b) "Competency standard" has
the meaning given in section 175.45, subdivision 2.
(c) "Eligible training" means
training provided by an eligible training provider that:
(1) includes training to meet one or
more identified competency standards;
(2) is instructor-led for a majority of
the training; and
(3) results in the employee receiving an
industry-recognized degree, certificate, or credential.
(d) "Eligible training
provider" means an institution:
(1) operated by the Board of Trustees of
the Minnesota State Colleges and Universities or the Board of Regents of the
University of Minnesota;
(2) licensed or registered as a
postsecondary institution by the office; or
(3) exempt from the provisions of
section 136A.822 to 136A.834 or 136A.61 to 136A.71 as approved by the office.
(e) "Industry-recognized degrees,
certificates, or credentials" means:
(1) certificates, diplomas, or degrees
issued by a postsecondary institution;
(2) registered apprenticeship
certifications or certificates;
(3) occupational licenses or
registrations;
(4) certifications issued by, or
recognized by, industry or professional associations; and
(5) other certifications as approved by
the commissioner.
Sec. 17. Minnesota Statutes 2020, section 136A.246, subdivision 2, is amended to read:
Subd. 2. Eligible
grantees. An employer or an
organization representing the employer is eligible to apply for a grant to
train employees if the employer has an employee who is in or is to be trained
to be in an occupation for which a competency standard has been identified and
the employee has not attained the competency standard prior to the commencement
of the planned training. Training
need not address all aspects of a competency standard but may address only the
competencies of a standard that an employee is lacking. An employee must receive an
industry-recognized degree, certificate, or credential upon successful
completion of the training. A
grantee must have an agreement with an eligible training provider to provide
eligible training prior to payment of grant.
Sec. 18. Minnesota Statutes 2020, section 136A.246, subdivision 3, is amended to read:
Subd. 3. Eligible
training institution or program provider. The employer must have an agreement
with a training institution or program to provide the employee competency standard
training prior to the grant award. The
training may be provided by any institution or program having trainers
qualified to instruct on the competency standard.
The
Office of Higher Education and the Department of Labor and Industry must
cooperate in maintaining an inventory of degree, certificate, and credential
programs that provide training to meet competency standards. The inventory must be posted on each agency's
website with contact information for each program by September 1, 2016. The postings must be updated periodically.
Sec. 19. Minnesota Statutes 2020, section 136A.246, subdivision 4, is amended to read:
Subd. 4. Application. Applications must be made to the commissioner on a form provided by the commissioner. The commissioner must, to the extent possible, make the application form as short and simple to complete as is reasonably possible. The commissioner shall establish a schedule for applications and grants. The application must include, without limitation:
(1) the projected number of employee trainees;
(2) the number of projected employee
trainees who graduated from high school or passed the commissioner of
education-selected high school equivalency test in the current or immediately
preceding calendar year;
(3) (2) the competency
standard for which training will be provided;
(4) (3) the credential the
employee will receive upon completion of training;
(5) (4) the name and address
of the eligible training provider institution or program and a
signed statement by the institution or program that it is able and agrees to
provide the training;
(6) (5) the period of the
training; and
(7) (6) the cost of the
training charged by the eligible training provider institution
or program and certified by the institution or program. The cost of training includes tuition, fees,
and required books and materials.
An application may be made for training of employees of multiple employers either by the employers or by an organization on their behalf.
Sec. 20. Minnesota Statutes 2020, section 136A.246, subdivision 5, is amended to read:
Subd. 5. Grant
criteria. (a) Except as provided
in this subdivision, the commissioner shall award grants to employers solely
for training employees who graduated from high school or passed commissioner of
education‑selected high school equivalency tests in the current or
immediately preceding calendar year.
(b) If there are not sufficient eligible
applications satisfying paragraph (a), the commissioner may award grants to
applicants to train employees who do not meet the requirements of paragraph
(a).
(c) (a) The commissioner
shall, to the extent possible after complying with paragraph (a), make
at least an approximately equal dollar amount of grants for training for
employees whose work site is projected to be outside the metropolitan area as
defined in section 473.121, subdivision 2, as for employees whose work site is
projected to be within the metropolitan area.
(d) (b) In determining the
award of grants, the commissioner must consider, among other factors:
(1) the aggregate state and regional need for employees with the competency to be trained;
(2) the competency standards developed by the commissioner of labor and industry as part of the Minnesota PIPELINE Project;
(3) the per employee cost of training;
(4) the additional employment opportunities for employees because of the training;
(5) the on-the-job training the employee receives;
(6) the employer's demonstrated ability
to recruit, train, and retain employees who are recent high school graduates or
who recently passed high school equivalency tests;
(7) the employer's demonstrated
commitment to recruit, train, and retain employees of color, American Indian
employees, and employees with disabilities;
(6) (8) projected increases
in compensation for employees receiving the training; and
(7) (9) the amount of
employer training cost match, if required, on both a per employee and aggregate
basis.
Sec. 21. Minnesota Statutes 2020, section 136A.246, subdivision 6, is amended to read:
Subd. 6. Employer
match. A large employer must pay for
at least 25 percent of the eligible training institution's or
program's provider's charge for the eligible training to the training
institution or program provider.
For the purpose of this subdivision, a "large employer" means
a business with more than $25,000,000 in annual gross revenue in the
previous calendar year.
Sec. 22. Minnesota Statutes 2020, section 136A.246, subdivision 7, is amended to read:
Subd. 7. Payment
of grant. (a) The commissioner shall
pay the grant to the employer after the employer presents satisfactory evidence
to the commissioner that the employer has paid the eligible training institution
or program provider.
(b) If an employer demonstrates that it is
not able to pay for the training in advance, the commissioner shall make grant
payments directly to the eligible training institution or program
provider.
Sec. 23. Minnesota Statutes 2020, section 136A.246, subdivision 8, is amended to read:
Subd. 8. Grant amounts. (a) The maximum grant for an application is $150,000. A grant may not exceed $6,000 per year for a maximum of four years per employee.
(b) An employee who is attending an eligible training provider that is an institution under section 136A.103 must apply for Pell and state grants as a condition of payment for training that employee under this section.
Sec. 24. Minnesota Statutes 2020, section 136A.63, subdivision 2, is amended to read:
Subd. 2. Sale of an institution. Within 30 days of a change of its ownership a school must submit a registration renewal application, all usual and ordinary information and materials for an initial registration, and applicable registration fees for a new institution. For purposes of this subdivision, "change of ownership" means a merger or consolidation with a corporation; a sale, lease, exchange, or other disposition of all or substantially all of the assets of a school; the transfer of a controlling interest of at least 51 percent of the school's stock; the school enters receivership; or a change in the nonprofit or for-profit status of a school.
Sec. 25. Minnesota Statutes 2020, section 136A.645, is amended to read:
136A.645
SCHOOL CLOSURE.
(a) When a school intends to cease postsecondary education operations, announces its closure, or is informed by the office that the office anticipates the school's closure due to its registration status or ability to meet criteria for approval under section 136A.65, the school must provide the office:
(1) a notice of closure, including the name of the school, the name of the school owner, an active mailing address and telephone number that the school owner may be reached at after the school physically closes, the name of the school director, and the planned date for termination of postsecondary operations;
(2) a report of all students currently enrolled and all students enrolled within the prior 120 days, including the following information for each student: name, address, school email address, alternate email address, program of study, number of credits completed, number of credits remaining, and enrollment status at closure;
(3) a report of refunds due to any student and the amount due;
(4) a written statement from the school's owner or designee affirming that all recruitment efforts, school marketing, advertisement, solicitation, and enrollment of new students has ceased;
(5) a copy of any communication between the school's accreditors about the school closure;
(6) confirmation that the requirements for student records under section 136A.68 have been satisfied, including:
(i) the planned date for the transfer of the student records;
(ii) confirmation of the name and address of the organization to receive and hold the student records; and
(iii) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request;
(7) academic information, including the school's most recent catalog, all course syllabi, and faculty credential information; and
(8) copies of any teach-out, transfer, or train-out agreement between the school and a new school for students to be able to complete their studies. A teach-out fulfills the original contract or agreement between the closing school and the student. If a teach-out is arranged for another approved school to do the remaining occupational training, that other school must (i) provide comparable education and training and (ii) agree that students transferring from the closing school pay only what the cost of tuition and fees remain unpaid according to the terms and conditions in the enrollment agreement entered into between the student and the closing school.
(b) Without limitation as to other circumstance, a school shall be deemed to have ceased operations when the school:
(1) has an unscheduled nonemergency closure or cancellation of classes for more than 24 hours without prior notice to the office;
(2) announces it is closed or closing; or
(3) files for bankruptcy.; or
(4)
fails to complete a renewal application when required under section 136A.63,
subdivision 2.
(c) When a school is deemed to have ceased operations, the office shall provide the school a reasonable time to correct student records and grant credentials. After that time, the office must revoke the school's registration. This revocation is not appealable under section 136A.65, subdivision 8.
Sec. 26. Minnesota Statutes 2020, section 136A.653, subdivision 5, is amended to read:
Subd. 5. Regionally
Higher Learning Commission accredited institutions in Minnesota. (a) A regionally accredited
postsecondary institution accredited by the Higher Learning Commission or
its successor with its primary physical location in Minnesota is exempt
from the provisions of sections 136A.61 to 136A.71, including related fees,
when it creates new or modifies existing:
(1) majors, minors, concentrations, specializations, and areas of emphasis within approved degrees;
(2) nondegree programs within approved degrees;
(3) underlying curriculum or courses;
(4) modes of delivery; and
(5) locations.
(b) The institution must annually notify the commissioner of the exempt actions listed in paragraph (a) and, upon the commissioner's request, must provide additional information about the action.
(c) The institution must notify the commissioner within 60 days of a program closing.
(d) Nothing in this subdivision exempts an institution from the annual registration and degree approval requirements of sections 136A.61 to 136A.71.
Sec. 27. Minnesota Statutes 2020, section 136A.675, is amended to read:
136A.675
RISK ANALYSIS.
Subdivision 1. Standard
development and usage. (a) To
screen and detect whether an institution may not be financially or
administratively responsible, the office shall develop a set of
financial and programmatic evaluation metrics to aid in the detection of the
failure or potential failure of a school to meet the standards established
under sections 136A.61 to 136A.71 nonfinancial indicators. These metrics shall include indicators of
financial stability, changes in the senior management or the financial aid and
senior administrative staff of an institution, changes in enrollment, changes
in program offerings, and changes in faculty staffing patterns. The development of financial standards
and nonfinancial indicators shall use industry standards as benchmarks
guidance. The development of
the nonfinancial standards shall include a measure of trends and dramatic
changes in trends or practice.
(b) Annually, the agency office
must specify the metrics and standards for each area and provide a copy of
the financial and nonfinancial indicators to each registered institution
and post them a list of reviewed indicators on the agency office
website.
(c) The agency office
shall use regularly reported data submitted to the federal government or other
regulatory or accreditation agencies wherever possible. The agency may require more frequent data
reporting by an institution to ascertain whether the standards are being met.
(d)
The office must use the indicators in this subdivision to identify institutions
at potential risk of being unable to meet the standards established under
sections 136A.646; 136A.64, subdivision 3; 136A.65, subdivisions 1a and 4,
paragraph (a), clauses (1), (2), (3), and (7); and 136A.685 and thus unlikely
to meet its financial obligations or complete its academic terms for the next
18 months.
Subd. 2. Additional
reporting. (a) In addition to
the information required for the indicators in subdivision 1, an institution
must notify the office within ten business days if any of the events in
paragraphs (b) to (e) occur.
(b) Related to revenue, debt, and cash
flow, notice is required if:
(1) the institution defaulted on a debt
payment or covenant and has not received a waiver of the violation from the
financial institution within 60 days;
(2) for institutions with a federal
composite score of less than 1.5, the institution's owner withdraws equity that
directly results in a composite score of less than 1.0, unless the withdrawal
is a transfer between affiliated entities included in a common composite score;
(3) the United States Department of
Education requires a 25 percent or greater Letter of Credit, except when the
Letter of Credit is imposed due to a change of ownership;
(4) the United States Department of
Education requires Heightened Cash Monitoring 2;
(5) the institution receives written
notification that it violated the United States Department of Education's
revenue requirement under United States Code, title 20, section 1094(a)(24), as
amended; or
(6) the institution receives written
notification by the United States Department of Education that it has fallen
below minimum financial standards and that its continued participation in Title
IV is conditioned upon satisfying either the Zone Alternative, Code of Federal
Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit
Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph
(c).
(c) Related to accreditation and
licensing, notice is required if:
(1) the institution receives written
notification of probation, warning, show-cause, or loss of institutional
accreditation;
(2) the institution receives written
notification that its institutional accreditor lost federal recognition; or
(3) the institution receives written
notification that it has materially violated state authorization or institution
licensing requirements in a different state that may lead to or has led to the
termination of the institution's ability to continue to provide educational
programs or otherwise continue to operate in that state.
(d) Related to securities, notice is
required if:
(1) the Securities and Exchange
Commission (i) issues an order suspending or revoking the registration of the
institution's securities, or (ii) suspends trading of the institution's
securities on any national securities exchange;
(2) the national securities exchange on
which the institution's securities are traded notifies the institution that it
is not in compliance with the exchange's listing requirements and the
institution's securities are delisted; or
(3) the Securities and Exchange
Commission is not in timely receipt of a required report and did not issue an
extension to file the report.
(e)
Related to criminal and civil investigations, notice is required if:
(1) the institution receives written
notification of a felony criminal indictment or charges of the institution's
owner;
(2) the institution receives written
notification of criminal indictment or charges of the institution's officers
related to operations of the institution; or
(3) there has been a criminal, civil, or
administrative adjudication of fraud or misrepresentation in Minnesota or in
another state or jurisdiction against the institution or its owner, officers,
agents, or sponsoring organization.
Subd. 3. Determination
procedures. (a) The office
shall conduct a systematic evaluation under this paragraph and make a
preliminary determination as to whether action under paragraph (e) is
necessary, if the office: (1) identifies
a potential risk under subdivision 1, paragraph (d); (2) receives notification
from an institution under subdivision 2; or (3) identifies other exigent
circumstances impacting the institution that may deny students a reasonable
opportunity to complete their education program at the institution or through an
alternate institution with minimal disruption.
The systematic evaluation must, to the extent practicable, be a
collaboration between the office and the institution. The office must request additional context
and information from the institution that demonstrates the administrative and
financial responsibility of the institution.
If the institution is not financially or administratively responsible, a
contingency plan must be implemented either collaboratively or as part of a
final determination under paragraph (e), clause (4).
(b) The office shall provide notice in
writing to the institution of the preliminary determination. The notice shall provide the analysis used by
the office to make the determination, a request for the institution to provide
additional context and information that demonstrates the administrative and
financial responsibility of the institution not provided under paragraph (a),
any potential action the office may take under paragraph (e), and a deadline
for responding to the notice. The
institution shall have no fewer than ten business days to respond to the
preliminary determination.
(c) The response from the institution to
provide additional context and information must be written and may include a
collaborative consultation with the office.
In its response, the institution shall provide additional context,
financial data, and other information, including but not limited to evidence of
sound business practices, institutional financial health, compliance with the
requirements of sections 136A.61 to 136A.71, or sufficient and timely plans to
cure any noncompliance or to manage financial health and risk.
(d) If the institution does not respond
to the office's notice and request for additional context and information
within the time required, the office's preliminary determination shall become
final and the office may take any of the actions specified in the notice
required by paragraph (e). If the
institution responds to the office's notice, the office must reevaluate the
preliminary determination. The office
shall use the additional context and information provided by the institution to
make a final determination and determine which actions under paragraph (e), if
any, are necessary to mitigate risk to students and state financial aid under
this chapter.
(e) The office may use a final
determination to:
(1) revoke, suspend, or refuse to renew
registration, approval of an institution's degree, or use of a regulated term
in its name under section 136A.65, subdivision 8;
(2) require periodic monitoring and
submission of reports on the institution's administrative and financial
responsibility to ascertain whether compliance and financial risk improves;
(3) require periodic collaborative
consultations with the institution on noncompliance with sections 136A.61 to
136A.71, or how the institution is managing financial health and risk;
(4)
require the institution to submit contingency plans such as teach-out plans or
transfer pathways for students;
(5) prohibit the institution from
accepting tuition and fee payments made through cash, alternative loans, or the
equivalent, prior to the add/drop period of the current period of instruction;
(6) prohibit the institution from
enrolling new students;
(7) initiate alternative processes and
communications with students enrolled at the institution;
(8) require a surety bond under section
136A.646; or
(9) submit institution closure
information under section 136A.645.
(f) The office shall provide to the
institution written notice of the final determination and the actions taken
under paragraph (e).
Subd. 4. Data
classification. Data under
this section shall be classified as financial records under section 136A.64,
subdivision 2.
Sec. 28. Minnesota Statutes 2020, section 136A.68, is amended to read:
136A.68
RECORDS.
(a) A registered school shall maintain a permanent record for each student for 50 years from the last date of the student's attendance. A registered school offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota student for 50 years from the last date of the student's attendance. Records include a student's academic transcript, documents, and files containing student data about academic credits earned, courses completed, grades awarded, degrees awarded, and periods of attendance.
(b) A registered school shall maintain
records required for professional licensure in Minnesota that are not included
in paragraph (a) for ten years from the last date of the student's attendance
or the number of years required by an institutional or programmatic accreditor,
whichever is greater.
(c) To preserve permanent records, a school shall submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a secure, fireproof depository or duplicate records must be maintained off site in a secure location and in a manner approved by the office;
(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;
(3) an alternative method approved by the office of complying with clauses (1) and (2) must be established if the school ceases to exist; and
(4) if the school has no binding agreement approved by the office for preserving student records, a continuous surety bond or an irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000. The bond or irrevocable letter of credit shall run to the state of Minnesota. In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.
Sec. 29. Minnesota Statutes 2020, section 136A.822, subdivision 12, is amended to read:
Subd. 12. Permanent student records. (a) A private career school licensed under sections 136A.82 to 136A.834 and located in Minnesota shall maintain a permanent student record for each student for 50 years from the last date of the student's attendance. A private career school licensed under this chapter and offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota student for 50 years from the last date of the student's attendance. Records include school transcripts, documents, and files containing student data about academic credits earned, courses completed, grades awarded, degrees awarded, and periods of attendance.
(b) A private career school licensed
under sections 136A.82 to 136A.834 and located in Minnesota shall maintain a
permanent student record required for professional licensure in Minnesota for
each student for ten years from the last date of the student's attendance or
the number of years required by an institutional or programmatic accreditor,
whichever is greater. A private career
school licensed under this chapter and offering distance instruction to a
student located in Minnesota shall maintain records required for professional
licensure in Minnesota that are not included in paragraph (a) for each
Minnesota student for ten years from the last date of the student's attendance
or the number of years required by an institutional or programmatic accreditor,
whichever is greater.
To preserve permanent student records, a private career school shall submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a secure, fireproof depository;
(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;
(3) an alternative method, approved by the office, of complying with clauses (1) and (2) must be established if the private career school ceases to exist; and
(4) a continuous surety bond or irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000 if the private career school has no binding agreement approved by the office, for preserving student records. The bond or irrevocable letter of credit shall run to the state of Minnesota. In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.
Sec. 30. Minnesota Statutes 2020, section 136A.8225, is amended to read:
136A.8225
SCHOOL CLOSURE.
(a) When a school intends to cease postsecondary education operations, announces its closure, or is informed by the office that the office anticipates the school's closure due to its licensure status or ability to meet criteria for approval under section 136A.822, subdivision 8, the school must provide the office:
(1) a notice of closure, including the name of the school, the name of the school owner, an active mailing address and telephone number that the school owner may be reached at after the school physically closes, the name of the school director, and the planned date for termination of postsecondary operations;
(2) a report of all students currently enrolled and all students enrolled within the prior 120 days, including the following information for each student: name, address, school email address, alternate email address, program of study, number of credits completed, number of credits remaining, and enrollment status at closure;
(3) a report of refunds due to any student and the amount due;
(4) a written statement from the school's owner or designee affirming that all recruitment efforts, school marketing, advertisement, solicitation, and enrollment of new students has ceased;
(5) a copy of any communication between the school's accreditors about the school closure;
(6) confirmation that the requirements for student records under section 136A.822, subdivision 12, have been satisfied, including:
(i) the planned date for the transfer of the student records;
(ii) confirmation of the name and address of the organization to receive and hold the student records; and
(iii) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request;
(7) academic information, including the school's most recent catalog, all course syllabi, and faculty credential information; and
(8) copies of any teach-out, transfer, or train-out agreement between the school and a new school for students to be able to complete their studies. A teach-out fulfills the original contract or agreement between the closing school and the student. If a teach-out is arranged for another approved school to do the remaining occupational training, that other school must (i) provide comparable education and training and (ii) agree that students transferring from the closing school pay only what the cost of tuition and fees remain unpaid according to the terms and conditions in the enrollment agreement entered into between the student and the closing school.
(b) Without limitation as to other circumstance, a school shall be deemed to have ceased operations when the school:
(1) has an unscheduled nonemergency closure or cancellation of classes for more than 24 hours without prior notice to the office;
(2) announces it is closed or closing; or
(3) files for bankruptcy.; or
(4) fails to complete a renewal
application when required under section 136A.823, subdivision 3.
(c) When a school is deemed to have ceased operations, the office shall provide the school a reasonable time to correct student records and grant credentials. After that time, the office must revoke the school's license. This revocation is not appealable under section 136A.829, subdivision 2.
Sec. 31. Minnesota Statutes 2020, section 136A.823, is amended by adding a subdivision to read:
Subd. 3. Change
of ownership. Within 30 days
of a change of ownership, a school must submit a registration renewal
application, the information and materials for an initial registration under
section 136A.822, subdivision 4, and the applicable registration fees for a new
institution under section 136A.824, subdivision 1. For purposes of this subdivision,
"change of ownership" means: a
merger or consolidation with a corporation; a sale, lease, exchange, or other
disposition of all or substantially all of the assets of a school; the transfer
of a controlling interest of at least 51 percent of the school's stock;
entering into receivership; or a change in the nonprofit or for-profit status
of a school.
Sec. 32. Minnesota Statutes 2020, section 136A.827, subdivision 4, is amended to read:
Subd. 4. Proration. (a) When a student has been
accepted by a private career school and gives notice of cancellation after the
program of instruction has begun, but before completion of 75 percent of the
program, the amount charged for tuition, fees and all other charges shall be
prorated based on the number of days in the term as a portion of the total
charges for tuition, fees and all other charges. An additional 25 percent of the total cost of
the program may be added but shall not exceed $100. After completion of 75 percent of the
program, no refunds are required. the
student is entitled to a refund if, at the last documented date of attendance,
the student has not completed at least 75 percent of the entire program of
instruction. For purposes of this
subdivision, program of instruction is calculated under paragraph (c) or (d). Program of instruction does not mean one
term, a payment period, a module, or any other portion of the entire
instructional program.
(b) A notice of cancellation from a student under this subdivision must be confirmed in writing by the private career school and mailed to the student's last known address. The confirmation from the school must state that the school has withdrawn the student from enrollment, and if this action was not the student's intent, the student must contact the school.
(c) The length of a program of
instruction for a program that has a defined calendar start and end date that
does not change after the program has begun equals the number of days from the
first scheduled date of the program through the last scheduled date of the
program. To calculate the completion
percentage, divide the number of calendar days from the first date of the
program through the student's last documented date of attendance by the length
of the program of instruction, and truncate the result after the second digit
following the decimal point. If the
completion percentage is less than 75 percent, the private career school may
retain:
(1) tuition, fees, and charges equal to
the total of tuition, fees, and charges multiplied by the completion
percentage; plus
(2) the initial program application
fees, not to exceed $50; plus
(3) the lesser of (i) 25 percent of the
total tuition, or (ii) $100.
(d) The length of a program of
instruction for a program that is measured in clock hours equals the number of
clock hours the student was scheduled to attend. To calculate the completion percentage,
divide the number of clock hours that the student actually attended by the
length of the program of instruction, and truncate the result after the second
digit following the decimal point. If
the completion percentage is less than 75 percent, the private career school
may retain:
(1) tuition, fees, and charges equal to
the total of tuition, fees, and charges multiplied by the completion
percentage; plus
(2) the initial program application
fees, not to exceed $50; plus
(3) the lesser of (i) 25 percent of the
total tuition, or (ii) $100.
Sec. 33. Minnesota Statutes 2020, section 136A.827, subdivision 8, is amended to read:
Subd. 8. Cancellation
occurrence. Written notice of
cancellation shall take place on the date the letter of cancellation is
postmarked or, in the cases where the notice is hand carried, it shall occur on
the date the notice is delivered to the private career school. Notice of cancellation shall be the date a
student notifies a private career school of the student's intention to withdraw
or otherwise leave the program of study.
The student is not required to provide a written notice. The private career school may require a
student to provide the student's notification only to
specific
offices or personnel at the school as long as this requirement is documented as
part of the "Student's Right to Cancel" in all places that the
information appears, including on the private career school's website. The date of the notice of cancellation may or
may not be the same date as the student's last documented date of attendance. If a student has not attended class for a
period of 21 14 consecutive days without contacting the private
career school to indicate an intent to continue in the private career school
provide notice of cancellation or otherwise making make
arrangements concerning the absence, the student is considered to have
withdrawn from the private career school for all purposes as of the student's
last documented date of attendance.
Sec. 34. [136A.91]
CONCURRENT ENROLLMENT GRANTS.
Subdivision 1. Grants. (a) The Office of Higher Education
must establish a competitive grant program for postsecondary institutions to
expand concurrent enrollment opportunities.
To the extent that there are qualified applicants, the commissioner of
the Office of Higher Education shall distribute grant funds to ensure:
(1) eligible students throughout the
state have access to concurrent enrollment programs; and
(2) preference for grants that expand
programs is given to programs already at capacity.
(b) The commissioner may award grants
under this section to postsecondary institutions for any of the following
purposes:
(1) to develop new concurrent enrollment
courses under section 124D.09, subdivision 10, that satisfy the elective
standard for career and technical education;
(2) to expand the existing concurrent
enrollment programs already offered by the postsecondary institution by:
(i) creating new sections within the
same high school;
(ii) offering the existing course in new
high schools; or
(iii) supporting the preparation, recruitment,
and success of students who are underrepresented in concurrent enrollment
classrooms;
(3) to create online graduate tracks
specifically for high school teachers to receive the necessary credentials to
teach concurrent enrollment courses in various content areas, as dictated by
the Higher Learning Commission; or
(4) to supplement high school teacher
tuition support for graduate courses not eligible for funding under the
concurrent enrollment training program.
Subd. 2. Application. (a) The commissioner shall develop a
grant application process. A grant
applicant must:
(1) specify the purpose under
subdivision 1, paragraph (b), for which the institution is applying;
(2) specify both program and student
outcome goals;
(3) include student feedback in the
development of new programs or the expansion of existing programs; and
(4) demonstrate a commitment to
equitable access to concurrent enrollment coursework for all eligible high
school students.
(b) A postsecondary institution applying
for a grant under subdivision 1, paragraph (b), clause (3), must provide a 50
percent match for the grant funds.
Subd. 3. Report. By December 1 of each year, the office
shall submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over higher education regarding:
(1) the amount of funds granted under
each clause of subdivision 1, paragraph (b);
(2) the courses developed by grant
recipients and the number of students who enrolled in the courses under subdivision
1, paragraph (b), clause (1);
(3) the programs expanded and the number of students who enrolled in programs under subdivision 1, paragraph (b), clause (2);
(4) the graduate programs developed by
postsecondary institutions and the number of high school teachers enrolled in
these graduate courses under subdivision 1, paragraph (b), clause (3); and
(5) the number of teachers provided
tuition support under subdivision 1, paragraph (b), clause (4).
Sec. 35. Minnesota Statutes 2020, section 136F.245, subdivision 1, is amended to read:
Subdivision 1. Establishment. A Hunger-Free Campus designation for
Minnesota State community and technical colleges is established for
public postsecondary institutions and for nonprofit degree-granting institutions
physically located in Minnesota and registered with the Office of Higher
Education under section 136A.63. In
order to be awarded the designation, a campus an institution must
meet the following minimum criteria:
(1) have an established on-campus food pantry or partnership with a local food bank to provide regular, on‑campus food distributions;
(2) provide information to students on SNAP, MFIP, and other programs that reduce food insecurity;
(3) hold or participate in one hunger awareness event per academic year;
(4) have an established emergency assistance grant that is available to students; and
(5) establish a hunger task force that
meets a minimum of three times per academic year. The task force must include at least two
students currently enrolled at the college institution.
Sec. 36. Minnesota Statutes 2020, section 136F.245, subdivision 2, is amended to read:
Subd. 2. Designation
approval. (a) The statewide
student association associations representing the state
community and technical colleges and the state universities shall create
an application process and a nonmonetary an award, and provide
final approval for the designation at each state college and
university, respectively.
(b) The University of Minnesota
statewide student association shall create an application process and an award,
and provide final approval for the designation at each University of Minnesota
campus.
(c) The Minnesota Association of
Private College Students shall create an application process and an award, and
provide final approval for the designation at each nonprofit degree-granting
institution.
Sec. 37. Minnesota Statutes 2020, section 136F.305, is amended to read:
136F.305
Z-DEGREES.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Custom textbook" means
course materials that are compiled by a publisher at the direction of a faculty
member or, if applicable, the other adopting entity in charge of selecting
course materials for courses taught at a state college or university. Custom textbooks may include items such as
selections from original instructor materials, previously copyrighted publisher
materials, copyrighted third-party works, or elements unique to a specific
state college or university.
(b) "Course" means a single
unit of teaching in one subject area led by one or more instructors with a
definite start and end date and a fixed roster of students.
(c) "Course materials" means a
hard-copy or digital book, printed pages of instructional material, including
consumable workbooks, lab manuals, subscriptions, online homework and quizzing
platforms, and other required physical and digital content.
(d) "Course section" means an
instance of a course.
(c) (e) "Incentive"
means anything provided to faculty to identify, review, adapt, author, or adopt
open textbooks educational resources.
(d) (f) "Open
educational resources" means high-quality teaching, learning, and
research resources materials that reside are in the
public domain or have been released under an intellectual property license that
permits their free use and repurposing by others, and may include other
resources that are legally available and free of cost to students. Open educational resources include course
materials, modules, custom and open textbooks, articles, faculty-created
content, streaming videos, tests, software, and any other tools, materials, or
techniques used to support access to knowledge textbooks and curricula,
syllabi, lecture notes, assignments, tests, projects, audio, video, and
animation.
(e) (g) "Open
textbook" means a textbook that is distributed using an open copyright
a type of open educational resource released under an intellectual property
license that at a minimum allows a student to obtain, retain, reuse, and
redistribute the material at no cost.
(h) "Library-curated
materials" means diverse resources purchases by the library at no
additional cost to the student for the supplementation or replacement of course
materials.
(f) (i) "System
office" means the Minnesota State Colleges and Universities system office.
(g) (j) "Z-Degree"
means a zero-textbook-cost complete associate's or bachelor's
degree program that exclusively uses course materials that are no cost to students
such as open educational resources, open textbooks, and library‑curated
materials. Students may still
incur costs for printing digital materials or for the following: art supplies, calculators, equipment, fees in
statute or policy mandated to be charged by all colleges and universities,
campus discretionary fees established by the board and adopted by the college,
personal property, and service charges or course activities having value
outside of the classroom.
Subd. 2. Requirement. (a) Three additional colleges must
offer the opportunity to earn a Z-Degree by academic year 2020-2021. A college's Two additional colleges
or universities must offer the opportunity to earn a Z-Degree by academic year
2023-2024. Course offerings for
its in a Z-Degree program must include at least two distinct courses
in each transfer curriculum goal area and at least enough credits in each
transfer curriculum goal area to complete the transfer curriculum package.
(b)
The Minnesota State Colleges and Universities shall support a continuous
process for colleges and universities to implement Z-Degrees, expand Z-Degree
courses and sections, and sustain existing Z-Degrees.
Subd. 3. Open
educational resource development. (a)
The Minnesota State Colleges and Universities must develop a program to
offer a Z-degree at three additional colleges by expanding the use of open
educational resources, including custom and open textbooks. The system office must provide opportunities
for faculty to identify, review, adapt, author, create, share, and
adopt open educational resources. The
system office must develop incentives to academic departments to identify,
review, adapt, author, or adopt open educational resources within their
academic programs.
(b) The programs and incentives developed under this subdivision must be implemented pursuant to faculty collective bargaining agreements.
Subd. 4. Report. Annually by January 15, the board
must submit reports by January 13, 2021, and January 12, 2022, to the
chairs and ranking minority members of the legislative committees with
jurisdiction over higher education. Each
report must include (1) the number of courses and course sections
transitioned to using an open textbook resulting from the programs in this
section into a new Z-Degree, and (2) the total amount of student
textbook savings resulting from the transitions.
Sec. 38. Minnesota Statutes 2020, section 136F.38, subdivision 3, is amended to read:
Subd. 3. Program
eligibility. (a) Scholarships shall
be awarded only to a student eligible for resident tuition, as defined in
section 135A.043, who is enrolled in any of the following programs of study or
certification: (1) advanced
manufacturing; (2) agriculture; (3) health care services; (4) information
technology; (5) early childhood; or (6) transportation; or (7) a
program of study under paragraph (b).
(b) Each institution may add one
additional area of study or certification, based on a workforce shortage for
full‑time employment requiring postsecondary education that is unique to
the institution's specific region, as reported in the most recent Department of
Employment and Economic Development job vacancy survey data for the economic
development region in which the institution is located. A workforce shortage area is one in which the
job vacancy rate for full-time employment in a specific occupation in a region
is higher than the state average vacancy rate for that same occupation. The institution may change the area of study
or certification based on new data once every two years.
(c) The student must be enrolled for at least nine credits in the Minnesota State Colleges and Universities system.
Sec. 39. Minnesota Statutes 2020, section 136G.05, subdivision 10, is amended to read:
Subd. 10. Data. (a) Account owner data, account
data, and data on beneficiaries of accounts are private data on individuals or
nonpublic data as defined in section 13.02, except that the names and
addresses of the beneficiaries of accounts that receive matching grants are public
unless the data qualifies for the exception in paragraph (b).
(b) The commissioner may share an
account owner's name and Social Security number with the Department of Revenue
in order to compile studies under section 270B.04. Data sharing authorized by this paragraph is
only for purposes of evaluative research and analysis of the plan in order to
make ongoing informed decisions regarding plan administration.
Sec. 40. DIRECT
ADMISSIONS PILOT PROGRAM.
Subdivision 1. Authorization. The commissioner of the Office of
Higher Education shall develop a pilot program in consultation with
stakeholders including Minnesota State Colleges and Universities, the Minnesota
Department of Education, the Minnesota Association of Secondary School
Principals, and the Minnesota School Board Association, to automatically offer
conditional admission to Minnesota public high school seniors based on a
student's high school grade point average, high school and college transcript
information, standardized tests, statewide assessments, and other measures as
determined by stakeholders.
Subd. 2. Pilot
design and goals. The pilot
program shall establish and, to the extent feasible, implement a process for
leveraging existing kindergarten through grade 12 and higher education student
information systems to automate the admissions process for students. The pilot program will specifically evaluate
the impact this process has on outcomes for students with lower levels of
college knowledge, low-income students, and students from populations
underserved in higher education. Initial
pilot program participants must include high schools with a significant number
of students of color, low-income students, or both.
Subd. 3. Evaluation
and report. By February 1,
2022, the Office of Higher Education shall report to the legislative committees
with jurisdiction over kindergarten through grade 12 education finance and
policy and higher education on activities occurring under this section. The report must include but is not limited to
information about the pilot program design, implementation challenges and
recommendations, and the feasibility of scaling the program to all public high
schools.
Sec. 41. CAREER
AND TECHNICAL EDUCATOR PILOT PROJECT.
By the 2024-2025 academic year, Winona
State University must develop a teacher preparation program that leads to
initial licensure in at least one license area under Minnesota Rules, parts
8710.8000 to 8710.8080. Winona State
University must partner with Minnesota State College Southeast to provide the
subject matter training necessary for license areas chosen. If practical, the partnership must result in
a candidate earning an associate's degree from Minnesota State College
Southeast and a bachelor's degree from Winona State University. Money appropriated for this project under
article 1, section 3, subdivision 5, may be used for any of the following
purposes:
(1) analyzing existing course offerings
at both institutions to determine compliance with the requirements of Minnesota
Rules, chapter 8705, and parts 8710.8000 to 8710.8080;
(2) determining any courses that need
to be adjusted or created by each institution;
(3) designing and implementing any
needed course; and
(4) providing administrative support
for gaining approval of the program from the Professional Educator Licensing
and Standards Board.
Sec. 42. STUDY
AND REPORT ON THE WORK-STUDY PROGRAM.
(a) The commissioner of the Office of
Higher Education must conduct a study of the work-study program under Minnesota
Statutes, sections 136A.231 to 136A.233.
The study must analyze how the program could be expanded to meet the
needs of college students and enable more students to work on campus. The study should include an assessment of:
(1) the interplay between state,
federal, and institutional work-study programs and funds;
(2) the impact of minimum wage laws and
ordinances on the program;
(3)
the ability of the program to require a wage for student workers that is higher
than the prevailing minimum wage set by law;
(4) the number of hours students should
be working on campus; and
(5) options for legislative and
administrative actions to expand the work-study program along with the
anticipated costs of those actions.
(b) By January 15, 2023, the
commissioner shall report to the legislature as provided in Minnesota Statutes,
section 3.195, and to the chairs and ranking minority members of the
legislative committees with jurisdiction over higher education on the results
of the study.
Sec. 43. REVISOR
INSTRUCTION.
In Minnesota Statutes, the revisor of
statutes shall renumber section 136F.245, as amended by this act, as 135A.137.
Sec. 44. REPEALER.
(a) Minnesota Statutes 2020, sections
136A.1703; 136A.823, subdivision 2; and 136F.245, subdivision 3, are repealed.
(b) Minnesota Rules, parts 4830.9050;
4830.9060; 4830.9070; 4830.9080; and 4830.9090, are repealed."
Delete
the title and insert:
"A bill for an act relating to higher education; providing funding and policy changes for the Office of Higher Education, Minnesota State Colleges and Universities, the University of Minnesota, and the Mayo Clinic; freezing certain tuition rates; creating and modifying certain student aid programs; restricting limitations on student access to transcripts; modifying certain school accountability provisions; expanding the hunger-free campus designation; modifying data provision of the college savings plan; establishing pilot projects; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 136A.101, subdivision 5a; 136A.121, subdivisions 2, 6, 9; 136A.125, subdivisions 2, 4; 136A.126, subdivisions 1, 4; 136A.1275; 136A.1704; 136A.246, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, by adding a subdivision; 136A.63, subdivision 2; 136A.645; 136A.653, subdivision 5; 136A.675; 136A.68; 136A.822, subdivision 12; 136A.8225; 136A.823, by adding a subdivision; 136A.827, subdivisions 4, 8; 136F.245, subdivisions 1, 2; 136F.305; 136F.38, subdivision 3; 136G.05, subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; repealing Minnesota Statutes 2020, sections 136A.1703; 136A.823, subdivision 2; 136F.245, subdivision 3; Minnesota Rules, parts 4830.9050; 4830.9060; 4830.9070; 4830.9080; 4830.9090."
The
motion prevailed and the amendment was adopted.
Erickson moved to amend S. F. No. 975, the third engrossment, as amended, as follows:
Page 10, after line 34, insert:
"Subd. 40. Black
Men Teach |
|
427,000
|
|
0 |
(a) This appropriation is for a grant to
Black Men Teach Twin Cities to establish partnerships with five school district
elementary schools or elementary charter schools with a goal of increasing the
number of black male teachers to 20 percent of the employees at each school
site.
(b)
Any balance does not cancel but is available until June 30, 2024.
(c) The grant recipient must provide a detailed report to the chairs and ranking minority members of the legislative committees having jurisdiction over higher education and kindergarten through grade 12 education by January 15 of each year until 2027 describing how the grant funds were used. The report must describe the progress made toward the goal of increasing the number of black male teachers at each school site and strategies used."
Renumber the subdivisions in sequence and correct the internal references
Page 11, line 1, delete "4,577,000" and insert "4,327,000" and delete "4,504,000" and insert "4,327,000"
Adjust amounts accordingly
A roll call was requested and properly
seconded.
The question was taken on the Erickson amendment
and the roll was called. There were 57
yeas and 75 nays as follows:
Those who voted in the affirmative were:
Akland
Albright
Anderson
Backer
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Kresha
Lueck
McDonald
Miller
Mueller
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Poston
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Bahr
Becker-Finn
Berg
Bernardy
Bierman