8DO:55

'1989-1990

WORK PROGRAM

FOR

THE MINNESOTA FUTURE

RESOURCES

COMMISSION

Adopted December 29, 1988

This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp

For answers to questions regarding this Work Program, please callthe office of the Minnesota Future Resources Commission (612)296-2406Address: 100 Constitution Avenue

Room 65, State Office BuildingSt. Paul, Minnesota 55155

T~BLE OF CONTENTS

MINNESOTA FUTURE RESOURCES COMMISSION

BIENNIAL WORK PROGRAM SCHEDULE • · i

I.

II.

OVERVIEW. . . . . · · · · · · · · · · · · · · 1

ELIGIBLE PROJECTS. · · · · · · · · · · · · · · 1A. TRUST FUND • · · · · · · · · · · · · 1B. MINNESOTA FUTURE RESOURCES ACCOUNT • 3C. OIL OVERCHARGE • · · · · · · · · · • 3

III. FUNDING SOURCES•••••••••••••••• 3A. TRUST FUND • • • • • • • • • • • • • 3B. MINNESOTA FUTURE RESOURCES ACCOUNT . 4C. OIL OVERCHARGE • . • . . • • • . • • 4

IV. COMMISSION WORK PROGRAM • · · · · · · · · · · • 4A. GOAL . . · · · · · · · · · · · · · • 4B. DEFINITIONS. · · · · · · · · · · · · 4C. EVALUATION ACTIVITIES. · · · · · · • 5D. STATEWIDE FACT FINDING . · · · · · • 6E. NATURAL RESOURCE FORUMS. · · · · · • 6F. BACKGROUND FOR STRATEGIC PLAN. · · · 8G. STATEWIDE NATURAL RESOURCES

CONGRESS. · · · · · · · · · · · · · 8H. COMMISSION RETREAT . · · · · · · · · 8

ACTIONS OF RETREAT . · · · · · · · · 81. ADVISORY COMMITTEE MEETS, DISCUSSES

AND ADOPTS A DRAFT STRATEGIC PLAN . 8J. PLAN ADOPTION AND REQUEST FOR

PROPOSALS • · · · · · · · · · · · · 8K. ALLOCATION PROCESS . · · · · · · · · 9

APPENDIX1.

2.

TRUST FUND LAW .

RIM FUND •

• • A-I - A-l.7

• A-2

3. METRO AREA REGIONAL PARKS FUNDING ••A-2

4. FISH & WILDLIFE RESOURCES MGT. PLAN•• A-3

5. OIL OVERCHARGE MONEY

6. ROLE STATEMENT FOR COMMISSIONMEMBERS AND ADVISORY COMMITTEE.

.A-3

.A-4 - A-4.2

BIENNIAL wom< PROGRAM SCHEDULE

MINNESOTA FUTURE RESOURCES COMMISSION

16 Legislative Members(makes funding recommendation to Legislature)

Advisory Committee11 Citizen Members

FUNDING SOURCES

Environmental Trust Fund(Funding sources: one-halfof lottery proceeds forfirst five years)

MN Future Resources Acct.(Funding sources: cigarettetax $15 million/biennium)

Oil Overcharge(Funding source:court settlement$3-5 mill ion pe rbiennium

PROCESS FOR FUNDING RECOMMENDAT~

11.§.2Constant review of current programs and regular agency operations

Statewide fact finding - Standard format of 2 1/2 days travelto specific sites to gain firsthand knowledge; second evening,Regional Resource Forum, public discussion of resource issuesto be held in seven regional locations, including the Twin Citieson June 12-14; 26-28; July 10-12; 24-26; Aug. 15-16; 17-18; 28-30

October 28 - State Natural Resources Congress

October 30-31 - Commission Retreat

November Advisory Committee - Draft strategic Plan

December 1 - Strategic plan adoption, Request for proposals

1990- February 1 - Proposal submission deadline

January-April - Session

June-July - Commission proposal review

August - Budget plan submitted to Governor & Legislature

••..•• Other Commission meetings as required throughout the biennium

( i )

MINNESOT~ FUTURE RESOURCES COMMISSION

WORK PROGR~\>1

I. OVERVIEW

On November 8, 1988, the voters of Minnesota approved aconstitutional amendment establishing an environmental trustfund administered by the "Minnesota Future Resources Commis­sion.

The legislation which implements the constitutionalamendment in part is M. L. 88 Chapter 690 Article 1. Thefull text is included in Appendix One. Chapter 690 outlinesthe following activities for the Minnesota Future ResourcesCommission. (hereinafter "Commission") The eligible ac­tivities are listed in the next section. The MFRC also rec­ommends funding of programs supported by the Minnesota FutureResources account (cigarette tax money) and oil overchargeproceeds.

II. ELIGIBLE PROJECTS

A. TRUST FUND

Laws 1988 Chapter 590 states in part: (includes all the ac­tivities eligible for the RIM program, herein spelled out aseligible projects, per M.S. 84.95 Appendix Two)

The Trust Fund may not be used as a substitute fortraditional sources of funding environmental andnatural resources activities, but the Trust Fund shallsupplement the traditional sources. The law states thatthe Trust Fund is for long term activities, whosebenefits become available over a long period of time.Specifically, the Trust Fund may be spent on thefollowing:Note: the definition of "natural resources is in Sec­tion 6, Subdivision 5 of Chapter 690 Article 1:"Natural resources includes the outdoor recreationsystem under Section 86A.04 and regional recreationopen space systems as defined under Section 473.351,Subdivision 1" Appendix Three.

1. ENVIROill1ENTAL EDUCATION

Enhancement 'of pUblic education, awareness, and under­standing necessary for the protection, conservation,restoration, and enhancement of air, water, forests,fish, wildlife, and other natural resources.

Information and, education.

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2. RESOURCE RELATED RESSARCH ANDINFom1~TION COLLECTION

Research that contributes to increasing theness of protecting or managing the state'sor natural resources.

effective­environment

Research and surveys of fish and wildlife species andhabitat.

Collection and analysis of information that assists indeveloping the states environmental and natural re­sources policies.

Development and implementation of the comprehensive fishand wildlife management plan under Section 84.942Appendix Four.

3. RESOURCE RELATED ACQUISITION ANDDEVELOPMENT

Capital projects for the preservation and protection ofunique natural resources.

Acquisition and development of pUblic access sites andrecreation easements to lakes streams and rivers forfish and wildlife oriented purposes.

Matching funds with government agencies and the privatesector for acquisition and improvement of fish and wild­life habitat.

4. RESOURCE MANAGEMENT

~ctivities that preserve or enhance fish, wildlife, andother natural resources that otherwise may besubstantially impaired or destroyed in any area of thestate.

Enhancement of fish and wildlife habitat on lakesstreams, wetlands, and public and private forest lands.

Soil and water conservation practices to improve waterquality, reduce soil erosion and crop surpluses.

Implementation of the conservation reserve programestablished by Section 40.43

Implementing the aspen recycling program under Section88.80.

Enforcement of natural resource laws and rules.

Necessary support services to carry out RIM.

- 2 -

Ineligible activities are: (1) purposes of environmen-tal compensation and liability under Chapter l15B and re­sponse actions under Chapter l15C; (2) purposes of municipalwater pollution control under the authority of Chapters 115and 116, including combined sewer overflow under Section116.162; (3) costs associated with the decommissioning ofnuclear power plants; (4) hazardous waste disposal fa­cilities;· (5) solid waste disposal facilities; and (6)projects of purposes inconsistent with the strategic plan.

B. MINNESOTA FUTURE RESOURCES ACCOUNT

Revenue may be spent for the purposes of natural re­sources acceleration and outdoor recreation, including butnot limited to the development, maintenance and operation ofthe state outdoor recreation system under Chapter 86A and re­gional recreation open space systems as defined under Section473.351.

C. OIL OVERCHARGE

The courts have directed that theergy programs that provide benefits toers injured by oil energy overcharges.related to petroleum consumption andconsumers reduce their energy costs.

funds be used for en­the groups of consum­

The programs must bemust ultimately help

Presently the state law calls for research and technol­ogy transfer to reduce dependence on fossil fuel (sic.) whichprobably means petroleum. Federal interpretations call forrestitution to petroleum users, and there are hundreds of ex­amples of eligible projects. There are some questions aboutmaking state policy call for a regular portion of the oilmoney to go to traditional fuel assistance and weatherizationprograms. Federal interpretation also calls for the oil pro­grams to supplement and not replace programs, so it would ap­pear that any spending would have to be on top of a regularbudget amount.

III. FUNDING SOURCES

A. TRUST FUND

1. LOTTERY

Fifty percent of the state lottery proceeds for thefirst five years of the lottery operation are dedicated bylaw to the Trust Fund. After that time, the Legislature maycontinue adding up to one half of the lottery proceeds to theFund as determined by law each biennium. Once the revenue iscredited to the Trust Fund, it is protected and only interestearnings from the Trust Fund are available for projects andprograms, except that appropriations during the first 5 yearsof revenues into the Fund may be used for projects and pro­grams. These program appropriations may start at no more

- 3 -

than 25% of revenue and must decrease by 5% per year untilthey reach zero, at which time only the interest on the in­vested principal will be available.

20 GIFTS

The trust fund may accept gifts and donationso

Additional public relations responsibilities and a mod­est fund raising role for the Director position are includedto accommodate this oppor~unity.

B. MINNESOTA FUTURE RESOURCES ACCOUNT

Revenue produced from a one mill tax on cigarettes(equivalent to 2 cents per pack) will be credited to the ac­count. None of the Environmental Trust Fund may be used foradministration initially. This account will be used for com­mission administrative expenses until June 30, 1995. Afterthat date Trust Fund interest may be used.

This revenue source currently produces 14 to 15 millionper biennium, declining at 2-3% per year because of the re­duction in the number of smokers.

C. OIL OVER~HARGE

Oil Overcharge estimates are $3 to $5 million per bien­nium until 1998. M.Lo 88 Chapter 686 Article 1 Section 36Appendix Five.

IVo COMMISSION WORK PROGRAM

A. GOAL

The goal of the Commission is to carry out a processthat leads to funding the best and most effective projectsfor investment of the available financial and intellectualresources. The following process has been designed tobroaden the experience and knowledge of Commission members,citizen advisory committee members, and through them, the en­tire Legislature and citizens of the state.

B. DEFINITIONS

1. Commission -- The Minnesota Future Resources Commis­sion is comprised of 16 members, consisting of the chairs ofthe house and senate committees on environment and naturalresources, the chairs of the house appropriations and senatefinance committees, six members of the senate appointed bythe subcommittee on committees of the committee on rules andadministration, and six members of th~ house appointed by thespeakero At least two members from the senate and two mem­bers from the house must be from the minority caucus.

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The commission adopts a strategic plan and develops abudget plan for expenditures from the trust fund. The commis­sion recommends expenditures to the legislature from the Min­nesota future resources account, the environmental trust fundand from the oil overcharge money and any other sourceswhich may be specified by the legislature from time to time.

2. Advisory Committee - An advisory committee of 11citizen members shall be appointed by the governor to advisethe Minnesota Future Resources Commission on development of astatewide strategic plan for natural resources which willguide expenditure recommendations from the environmentaltrust fund. The governor shall appoint at least one memberfrom each congressional district. The governor shall appointthe chair.

The Advisory committee is invited to participate in allthe fact finding activities of the Commission and is expectedto present a draft Strategic Plan to the Comission by Decem­ber 1 of each odd numbered year. Appendix Six.

C. EVALUATION ACTIVITIES

1. MONITOR PRESENT PROJECTS AND AGENCY PROGRAMS

Based on review of regular six month status reports andstaff monitoring, develop and sponsor a series of seminarsfocused upon current project work programs. Involve a widen­ing circle of resource experts in order to:

(a) track progress of work programs(b) transfer knowledge gained and techniques

employed in the programs(c) inform members, advisory committee, com­

mission staff and state agency personnel about emerging re­source problems as evidenced in progress of work programs.

2. COMMISSION,MEETINGS

Include as part of regular Commission meetings a segmentwhich involves presentations on a wide range of natural re­source issues of possible concern.

(a) Groups of presenters will be selected andorganized on the basis of expertise and needs for coordinatedapproaches to issues.

(b) Members will be kept abreast of currentissues. Other legislators and staff would have a regular op­portunity to update their knowledge of resourceproblems/issues.

(c) This will provide the opportunity for Com­mission members to identify and communicate information needswhich would lead to better future decision making.

- 5 -

(d) State agency personnel liaisonand others will supply information organized aroundtopics.

D. STATEWIDE FACT FINDING

officersvarious

This process will expose Commission members and advisorycommittee members to resource issues and problems across thestate through site visits to specific resource sites and re­gional resource forums. Resource site visits will be coordi­nated with travel to the resource forums. The regional re­source forums will be preceded by 3 activities:

1. ISSUE IDENTIFICATION PROCESS

Various methods will be employed to solicit advice andinformation on natural resource issues from citizens. Suchmethods as issue response letters to individuals and organi­zations, informational articles in newspapers, magazines andnewsletters, letters to local governments, and use of exist­ing pUblic opinion surveys will be utilized.

2. DESCRIPTION OF RESOURCE CONDITION AND USE

Resource condition and use reports will be prepared by'appropriate management and research entities both public andprivate at the request of the MFRC staff. These in manycases will be components of existing state and regional plansthat relate to natural resource condition and use. These re­ports will contain both maps and tabular information.

3. RESOURCE RELATED SITE VISITS

From results of project review, Commission meetings, is­sue identification process and descriptions of reS9urce con­dition and use, key resource sites will be selected for vis­its by commission members and advisory committee members.

E. NATURAL RESOURCES FORUMS

A total of 7 regional natural resource forums will beheld, covering the various regions of the state. These willcover all congressional districts. In addition to one re­gional forum in the Twin Cities, the statewide congress willalso be held in the Twin Cities. The products of the regionalforums will determine the agenda for the State Natural Re­source Congress. This will consist of regionally organizedmaps, reports, the issue identification process results, sum­mation of the regional forum discussions and the resource re­lated site visit results.

- 6 -

1. PARTICIPANTS

General invitation to citizens, all Commission members,all Advisory Committee members, and appropriate resourceagency representatives.

2. PROCEDURES

Available information on current public opinion (includ­ing applicable survey and 'response letter results) presentedto regional panel chaired by the citizen Advisory Committeemember from that region. The issue identification processand other region based information already collected willserve as a structure to lead discussion. The meetings willbe held in the evening and will follow a day of resource sitevisits by Commission and advisory committee members.

No admission charge. Parking readily accessible at verylow or no cost.

3. FORUM CONTENT

General discussion followed by breakout to smallergroups to determine the most pressing natural resource issuesfacing this region of the state.

(a) Available information on public opinionand resource information materials will be provided to theaudience and used by moderators and discussion group leadersto provide information to direct discussion. Local electedofficials/local educators will serve as small group mod­erators. Their staff assistance will come from the agency orlocal government resource experts most qualified to discussthe, topic under discussion.

(b) Commission members participate with thecitizens in all discussions.

The goals of the discussions will be to:

- develop understanding of resource issues andneeds and to obtain suggested solutions to these problems.

determine the quality and adequacy ofpresent programs.

- determine if adequate information is avail­able to fully understand the problems raised.

- ask futuristic questions about wh~t problemsand opportunities are on the horizon.

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F. BACKGROUND FOR STRATEGIC PLAN

. After completion of the resource forums, the backgroundreports and discussion results will be consolidated into aset of documents that form a statewide perspective whichidentifies the major resource issues and describes thepresent condition, amount of use, and quality of managementof state resources. This information will serve as the back­ground for the Congress.

G. STATEWIDE NATURAL RESOURCES CONGRESS

The congress will be held in a highly accessible loca­tion, with free or low cost parking, on a Saturday. The EQBshould be of assistance in preparing for the Congress.

The state wide congress will have the same general for­mat as the regional forums. However, the Commission willcontract with resource experts, who are not directly depen­dent on the legislature or state agencies for their liveli­hood, to review and critique the documents that make up thebackground materials for the Strategic Plan draft. These ex­perts will report their views to the congress and then joinin discussions to explain and define issues.

Commission staff will prepare a draft of the StrategicPlan. The results of the regional resource forums and thecongress will be summarized and serve as the framework forthe draft 'plan.

H. COMMISSION RETREAT

The Commission retreat will be one and one half to twodays with members, advisory committee participating, sup­ported by MFRC staff.

ACTIONS OF RETREAT

1. Discuss fundamental aspects of six yearstrategic plan

2. Review issue area priorities

I. ADVISORY COMMITTEE MEETS, DISCUSSES AND ADOPTS A DRAFTSTRATEGIC PLAN (two to three meetings in November)

J. PLAN ADOPTION AND REQUEST FOR PROPOSALS

Additional MFRC meeting subsequent to the retreat (fol­lowing Advisory committee deliberations, estimated to occurDec. 1.)

1. Adoption of six year strategic plan

2. Adoption of issue area priorities

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3. Issue requests for proposals for corningtwo years of funding based on Commissionpriorities. Set deadline for receipt withinsix weeks. Staff to work on coordinatingproposals during ensuing several months.

K. ALLOCATION PROCESS

Consists of development of budget plan with meetings inMay, June and July if nec~ssary.

1. STAFF WORK PRIOR TO .ALLOCATIONS

(a) Process funding proposals and comparethem to the strategic plan and biennial activity prioritiesand present the results to the Commission.

(b) Research proposals will be given a pre­liminary screening by the peer review committee before beingpresented to Commission.

Commissionpense.

(c) Advisory committee members may attendallocations meetings but not at Commission ex-

get Plan.funding.

2. COMMISSION MEMBERS

(a) First round allocations - Commission con­sider eliminating proposals from further consideration basedupon:

a. preliminary peer review resultsif applicable, and

b. relative match with prioritiesand strategic plan

(b) Second and third round allocations - Staffcomment upon each proposal regarding former Commission fund­ing, regular budget activity and whether this supplements orsupplants regular budget activity, compliance with strategicplan and allowable funding activities.

(c) Fourth round allocations - Finalize Bud­Commission decide which projects to recommend for

(d) Full peer review conducted on researchprojects recommended as a confirmation screen. If inad­equate, other proposals will be solicited to accomplish therecommended work.

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APPENDIX ONE1467 - LAWS of MINNESOTA for 1988 Ch. 690, Art. 1 en. 690, Art. 1 LAWS of MINNESOTA for 1988 1468

CHAPTER 69O-H.F.No. 2182

An GCt relating io public administration; proposing amendments 10 the MinnesotaConstllution: adding a sectIOn 10 article XI establishing an environmental and naturalresources trust fund and article Xl/I. section 5 permilting state-run lotteries; prOVIding for thedistribution of lotlery proceeds; providing implementing legislation for the trust fund; creat·ing a legislative commission, an advisory committee. and a resources congress; providing fortrust fund expenditures; providing for watn system improvement loans; creating a Minnesotafuture resources GCcount; transferring certain functions; requiring a biennial report; changingthe dwribution of general fund balances; returning cenain transferred money to the state.treasury; amending Minnesota Statutes 1986. sections 88.80. subdivision 2; Minnesota Stat­utes 1987 Supplement. sections 16A.1541; 116C.69. subdivision 3; 1160.012: and 297.13.subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 116P; repealingMinnesota Statutes 1986, sections 86.01; 86.02; 86.03; 86.06; 86.07; 86.08; 86.10; 86.11;86.12; 86.31; 86.32; 86.33. subdivision 1; 86.34; 86.35; 86.41; 86.42; 86.51; 86.53; 86.61; and

86.75.

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

ARTICLE 1

Section 1. CONsnTImONAL AMENDMENT PROPOSED; ENVIRON­MENTAL AND NATURAL RESOURCES TRUST FUND.

Subdivision.L AMENDMENT. The following amendment to the Minneso­12 Constitution, adding ~ section to article XL ~ proposed !Q the people. !f theamendment ~ adopted, the section will read ~ follows:

Sec. .!,1; .6 permanent Minnesota environment and natural resources trustfund ~ established !!! the~ treasury. The principal of the environment andnatural resources trust fund~ be perpetual and inviolate forever, exceptappropriations may be made from !!I! !Q 25 percent of the annual revenuesdeposited !!! the fund until fiscal year 1997 and loans may be made of !!I! to fivepercent of the principal of the fund for~ system improvements as provided!ll: law. This restriction does !!Q! prevent the sale of investments~ less than the~ to the fund, however, all losses not offset Qy AAins shall be repaid !Q thefund from the earnings of the fund. The!!!:! earnings from the fund shall beappropriated in ~~ prescribed Qy law for the public purpose of protec­tion, conservation, preservation, and enhancement of the~~ water, land,fish, wildlife, and~ natural resources.

Subd. b SUBMISSION TO VOTERS. The proposed amendment~ besubmitted to the~~ the 1988 general election. The question submitted

shall be:

"Shall the Minnesota Constitution be amended 12 establish ~ Minnesota

"'lew IaDpqc is iDd.Icated by underline, deletioDli by~. A-I

environment and natural resources~ fund for environmental, natural resource,and wildlife purposes?

Yes .No ...

Sec. 2. CONSTI11.ITIONAL AMENDMENT; PROPOSED WTIERY.

Subdivision L AMENDMENT. The following amendment to the Minneso­~ Constitution ~ proposed to the~ !f the amendment ~ adopted, articleXIII, section 1, will read ~ follows:

Sec. 5. The legislature shall not authorize any lottery or the sale of lotterytickets. other than authorizing ~ lottery and sale of lottery tickets for ~ lotteryoperated !ll: the state.

Subd. b. SUBMISSION TO VOTERS. The proposed amendment shall besubmitted !Q the people ~ the 1988 general election. The question submitted'shall be:

~Shall the Minnesota Constitution be amended to permit the legislature !Qauthorize ~ lottery operated !ll: the state?

yes .No "

Sec. 3. Minnesota Statutes 1986, section 88.80, subdivision 2, is amendedto read:

Subd. 2. PILOT PROJECT. The commissioner shall establish an aspenrecycling program pilot project in the highest priority area on state lands inorder to develop effective program procedures and practices. With respect tothe pilot project, the commissioner may restrict bidding on contracts for thecutting, removal, aJ)d disposal of aspens, and for related activities, to loggen andothen residing in the pilot project area designated under the program that acefinancially distressed. The commissioner may establish standards and proce­dures for awarding logging contracts tIftt4ep~~. notwithstanding chap­ter~ relating to eligibility for employment for conservation work projects.

Sec. 4. Minnesota Statutes 1987 Supplement, section 116C.69, subdivision3, is amended to read:

Subd. 3. FUNDING; ASSESSl\oIENT. The board shall finance its base linestudies, general environmental studies, development of criteria, inventory prepa­ration, monitoring of conditions placed on site certificates and constructionpermits, and all other work, other than specific site and route designation, froman assessment made quarterly, at least 30 days before the start of each quarter,by the board against all utilities with annual retail kilowatt-hour sales greaterthan 4,000,000 kilowatt-houn in the previous calendar year.

Until June 30, 1992, the assessment shall also include an amount sufficientto cover 60 percent of the costs to the pollution control agency of achieving,

New Ia.naua&e is iDdkatc4 by underline, deledOlUl by~

1469 LAWS of MINNESOTA for 1988 O:L 690, Art. 1Ch. 690, Art. 1 LAWS of MINNESOTA for 1988 1470

maintAiniDJ, and monitorini compliance with the acid deposition control stan­dard adopted under sections 116.42 to 116.45, reprinting informational booJdetson acid rain, and costs for additional research on the impacts of acid depositionon sensitive areas published under section 116.44, subdivision L The directorof the pollution control agency must prepare a work plan and budget and submitthem annually by June 30 to the pollution control agency board. The agencyboard must take public testimony on the budget and work plan. After theaaency board approves the work plan and budget they must be submitted annu­ally to the lqislative commission on Mtftftll86la Ie/l6Itf'ee6 waste management forreview and recommendation before an assessment is levied. Each share shall bedetermined as follows: (1) the BtiO that the annual retail kilowatt-hour sales inthe state of each utility bears to the annual total retail kilowatt-hour sales in thestate of all these utilities, multiplied by 0.667, plus (2) the BtiO that the annualIfOSS revenue from retail kilowatt-hour sales in the state of each utility bears tothe annual tow IfOSS revenues from retail kilowatt-hour sales in the state of allthese utilities, multiplied by 0.333, as determined by the board. The assessmentshall be credited to the special revenue fund and shall be paid to the statetreasury within 30 days after receipt of the bill, which shall constitute notice ofaid assessment and demand of payment thereof. The total amount which maybe usessed to the several utilities under authority of this subdivision shall notexceed the sum of the annual bud.aet of the board for carrying out the purposesof this subdivision plus 60 percent of the annual budget of the pollution controlaaency for achieviDJ, maintAiniDJ, and monitorini compliance with the aciddeposition control standard adopted under sections 116.42 to 116.45, for reprint­ina informational booJdets on acid rain, and for costs for additional research onthe impacts of acid deposition on sensitive areas published under section 116.44,subdivision 1. The assessment for the second quarter of each fiscal year shall beadjusted to compensate for the amount by which actual expenditures by theboard and the pollution control aaency for the preceding fiscal year were moreor less than the estimated expenditures previously assessed.

Sec. 5. [H6P.OII FINDINGS.

~ legislature~ !!!!! all Minnesotans share~ responsibilitY 12~wise stewardship of the~ environment and~ resources for~~of~~ !lli1~ generations. Proper management of~~environment !lli1~ resources includes !lli1 requires foresight, planning,!Bit 10l!l!.-term activities!!!!!~~~ 12 preserve its .h!&!! qualitY environ­!!!!:!!!~ provides fur~~ of its~ resources. 1M legislature~~ !!!!! 12 undertake~ activities properly, ! long-term, consistent, !lli1~~ 2f~~!!!: provided.

Sec. 6. [n6P.Oll DEFINIDONS.

Subdivision.1 APPUCABILIlY.~ definitions in !!!!!~ !2.P!Y 12llCCtions 112lL~ 2. ADVISORY COMMrI'TEE. -Advisory committee- means.~

t4visorx committee created in~ 10.

New~ Ila~ '" underliDe,~ '" __111M.

A-I.1

SuM 1:. BOARD. ~Board"~ the~ board 2f investment.

SuM 4. COMMISSION. ~Commission"~ the Minnesota~resources commission.

Subd. 1:. NATURAL RESOURCES. ~Natural resources" includes the out­ili!2! recreation system under section 86A.04 and regional recreation 2.llim spacesystems ~ defined under section 473.351, subdivision h

Subd. Q; TRUST FUND. ~Trust fund"~ the Minnesota environmentand natural resources~ fund established under Minnesota Constitution, arti­cle 2Q. section .!.1.

Sec. 7. IlI6P.031 TRUST FUND NOT TO SUPPLANT EXISTING FUND­ING.

tel The~ fund may !!Q! be used ~ ~ substitute for traditional~ offunding environmental and natural resources activities, but the trust fund shallsupplement the traditional sources, including those~ used to support thecriteria in section !b. subdivision h The~ fund must be used primarily to~ activities whose benefits become available only~~ extended periodof time.

t!!l The commission~ determine the~ Qf the~ budget spentfrom traditional sources to fund environmental and natural resources activitiesbefore and after the trust fund ~ established and include ~ comparison of the~ in the report under section 11. subdivision 7.

Sec. 8. (1l6P.041 TRUST FUND ACCOUNT.

Subdivision.1 ESTABLISHMENT OF ACCOUNT AND INVEST­MENT. ~ Minnesota environment and natural resources trust fund, under arti­cle 2Q. section l1. of the Minnesota Constitution, is established~~~ inthe state treasury. The commissioner of finance shall credit 12 the~ fund theamounts authorized under this section and section 14. The~ board ofinvestment shall~ that trust fund money ~ invested under section lIA.24.All money earned Qy the~ fund~ be credited to the~ fund. Theprincipal of the trust fund and !!!y unexpended earnings~ be invested andreinvested Qy the~ board Qf investment.

Subd. b WTIERY PROCEEDS. Through the first five full fiscal years,during Which proceeds from the lottery are received, the commissioner of financeshall credit one-half of the net lottery proceeds from the state-operated lottery tothe !!:!!.§! fund. Thereafter, the commissioner shall credit !:!P !Q. one-half, ~determined Qy law each biennium, of the net proceeds from the state-operatedlottery to the !!:!!.§! fund.

Subd. b REVENUE. Revenue collected ill accordance with subdivision 1~ be deposited monthly in the trust fund account Nothing in~ 1 12li limits the~ of contributions to the~ fund.

New lanSWI&e ill Indiated by underline, deledOllS by~.

1471 LAWS of MINNESOTA for 1988 Ch. 690, Art. I Ch. 690, Art. I LAWS of MINNESOTA for 1988 1472

Subd. ~ GIFfS AND DONAnONS. Gifts and donations, including land2! interests in land, may be made to the~ fund. Noncash gifts and dona­tions !J:ll!g be disposed of for cash ~~~ the board prudently~ maximizethe value of the giflill: donation. Gifts and donations of marketable securitiesmay be held ill: be disposed Qf for cash ~ the option of the board. The cashreceipts of gifts and donations of cash ill: capital~ and marketable securitiesdispo~d of for cash must be credited immediately to the principal of thegyg fund. The value Qf marketable securities !! the time the giflill: donation ~made~ be credited !2 the principal of the trust fund and .!mY earnings fromthe marketable securities~ earnings of the~ fund.

Subd. ~ AUDITS REQUIRED.!!} The commission shall select ~ certifiedpublic accountant annually to audit the trust fund. The audit~ be given tothe governor and the legislature and be available to the public.

ill The legislative auditor shall audit trust fund expenditures to~ thatthe money ~~ for the purposes provided in the commission's budget plan.

Sec. 9. IU6P.OS) MINNESOTA FUfURE RESOURCES COMMIS­SION.

!!} ~ Minnesota future resources commission of !§ members ~ created,consisting Qf the chairs of the house and senate committees Q!! environment andnatuntl resources, the chairs of the house appropriations and senate financecommittees, six members Qf the~ appointed ill: the subcomminee Q!! £Qill:minees of the commmee Q!! rules and administration, and six members of thehouse appointed ill: the speaker. The commission shall develop ~ budget planfor expenditures from the gyg fund and shall adopt ~ strategic plan ~ providedin section Q

ill The commission shall recommend expenditures to the legislature fromthe Minnesota future resources account under section rr At least two membersfrom the senate and~ members from the house must be from the minority~ Members ~ entitled !2 reimbu~ment for ~ diem expenses plustravel expenses incurred in the services of the commission.

W Members shall~~ chair who shall preside and convene meetings~ often ~ necessary to conduct duties prescribed ill: this chapter.

@ Members shall~Q!! the commission until their successors are appoint-ed.

W Vacancies occurring Q!! the commission shall not affect the authority ofthe remaining members of the commission to~ ill!! their duties, and~cies shall be filled in the~~ under paragraph 1&

ill The commission may adopt bylaws and operating procedures 12 fulfilltheir duties under sections 1 12 rr

Sec. 10. U16P.06j ADVISORY COMMTITEE.

......~ is~ lily underline, deledOllll by~. A-I. ?

!!} An advisory committee of!l citizen members shall be appointed Qy thegovernor 12 advise the Minnesota future resources commission Q!! project p~posals to receive funding from the~ fund and the development of budget andstrategic plans. The governor shall~~ least ~ member from,~congressional district. The governor shall~ the chair.

ill The governor's appointees .!!!!lli. be confirmed with the advice and £Q!!:sent of the~ The membership terms, compensation, removal, and fillingof vacancies for citizen members of the advisory committee ~ governed Qysection 15.0575.

Sec. 11. IU6P.07j RESOURCES CONGRESS.

The commISSIOn must convene ~ resources congress M least Q!!£!: everybiennium. The congress must be open !Q all interested individuals. ~ pur­pose of the congress ~ to collect public input necessary to allow the commission,with the advice of the advisory committee, 12 develop ~ strategic plan to guideexpenditures from the trust fund. The congress also may be convened to receiveand review reports Q!! trust fund projects.

Sec. 12. 11l6P.08) TRUST FUND EXPENDITURES; EXCEPTIONS;PLANS.

Subdivision.L EXPENDITURES. Money in the trust fund may be~only for:

ill the reinvest in Minnesota program~ provided in section 84.95, subdivi­sion £

ill research that contributes !Q increasing the effectiveness of protecting Q!managing the state's environment ill: natural resources;

ill collection and analysis of information that assists in developing thestate's environmental and natural resources policies;

ill enhancement of public education, awareness, and understanding~~ for the protection, conservation, restoration, and enhancement of~ land,water, forests, fish, wildlife, and other natural resources;

ill capital projects for the preservation and protection of unique naturalresources;

ill activities that preserve Q! enhance fu!!h wildlife, and other natural resourcesthat otherwise may be substantially impaired Q! destroyed in ill!Y~ of thestate;

ill administrative and investment expenses incurred Qy the~ board ofinvestment in investing deposits !Q Ihe trust fund; and

ill administrative expenses subject to the limits in section 11:.

New lanauaae ill indicated by und¢r1ine, deletiolUl by~.

1473 LAWS of MINNESOTA for 1988 Ch. 690, Art. 1 Ch. 690, Art. 1 LAWS of MINNESOTA for 1988 1474

Subd. b EXCEPTIONS. Money from the !!!ill fund may !!Q! be~ for:

ill purposes of environmental compensation and liability under chapter!.!21! and response actions under chapter 115C;

ill purposes of municipal water pollution control under the authority ofchapters 115 and 116, including combined~ overflow under section 116.162;

ill costs associated with the decommissioning of nuclear power plants;

ill hazardous~ disposal facilities;

ill solid~ disposal facilities; .Q!

ill projects.Q! purposes inconsistent with the strategic plan.

Subd. ~ STRATEGIC PLAN REQUIRED. W The commission shall adopt! strategic plan for making expenditures from the !!!ill fund, including identify­!!!.g the priority~ for funding for the next six years. The reinvest in Minne­~ program~ be reviewed Qv. the advisory committee, resources congressand commission during tho. development of the strategic plan. The strategicplan must be updated every two years. The plan ~ advisory only. The commis­sion shall submit the plan, ~ ! recommendation, to the house of representativesappropriations and senate finance committees Qv. January ! of each odd-num­bered year.

!!ll The advisory committee shall work with the resources congress to devel­ill! ! draft strategic plan to be submitted to the commission for approval. Thecommission shall develop the procedures for the resources congress.

1£} The commission may accept or modify the draft of the strategic plansubmitted to.!! Qv. the advisory committee before voting ill! the plan's adoption.

Subd. ~ BUDGET PLAN. W Funding may be provided only for thoseprojects that~ the categories established in subdivision .L

!!ll Projects submitted to the commission for funding may be referred to theadvisory committee for recommendation, except that research proposals first~ be reviewed Qv. the~ review panel. The advisory committee mayreview all project proposals for funding and may make recommendations to thecommission ill! whether:

ill the projects meet the standards and funding categories set forth in

~1!2~

ill the projects duplicate existing federal, state, .Q! local projects being £Q!!:.~ within the state; and

ill the projects~ consistent with the most recent strategic plan adopted Qv.the commission.

N_ ........ is iIIldicaaed by underline, lIeldioas by~ A-1.3

1£} The commission !!!!ill adopt! budget plan to~ expenditures fromthe~ fulli! for the purposes provided in subdivision 1. The budget plan !!!!:!!!be submitted 12 the governor for inclusion in the biennial budget and supple>­mental budget submitted to the legislature.

@ Money in the~ fund may not be spent except~~ appropriationQv.law.

Subd..1. PUBliC MEETINGS. All advisory committee and commissionmeetings~ be~12 the public. The commission shall attempt 12~~least ill!£!: in each of the state's congressional districts during each biennium.

Subd. §., PEER REVIEW. W Research proposals !!!!ill include !~purpose, timeline, potential Outcomes and ~ explanation of the need for theresearch. All research proposals !!!!ill be reviewed Qy ! peer~ panel beforereceiving~ appropriation from the~ fund.

{!tlln conducting research proposal reviews, the~ review panel~

ill comment Q!! the methodology proposed and whether.!! £!!! be expectedto yield appropriate and useful information and data;

ill comment Q!! the need for the research and~ similar existing i!!&!:mation available, if any;

ill comment Q!! whether the research proposed~ the categories ofsubdivision !i and

ill report !Q the commission and advisory committee Q!!~ ill !Q Q1

1£} The~~ panel also~~ completed research proposalsthat have received ~ appropriation from the~ fund and comment andreport !!PQ!!~ the project~ the intended goals.

Subd. 1. PEER REVIEW PANEL MEMBERSHIP. W The~~panel~~ of ~ ~ five but !!Q!~ than !! members who ~knowledgeable in general research methods. including but !!Q! limited 12 the~ of air quality research, water research, forest research, fish and wildlifemanagement research, environmental health research, and soil conservation research.Not~ than~ members of the panel may be employees of~ agencies.

{!tl Members of the~~ panel shall be~ Qy the commissionand serve four-year staggered~ according to~~ The commis­.sion may select additional temporary members for~ research proposal~to be !QQ technical for adequate~~ Qv. the panel in paragraph i&Members of the~~ panel shall elect ! chair every~ years who shallbe responsible for convening meetings of the panel ~ often ~ ~ necessary tofulfill its~~ prescribed in this~ Compensation of panel members !!governed Qv. section 15.059, subdivision ~

New Jaaauqe ill indicated by underline. deletiou by~

1475 LAWS of MINNESOTA for 1988 Ch. 690, Art. 1Ch. 690, Art. I LAWS of MINNESOTA for 1988 1476

Sec. 13. IH6P.091 ADMINISTRATION.

Subdivision.L ADMINISTRATIVE AunIORITY. The commission may~~ and other personnel and consultants necessary to £ill:TY out func­tions and duties of the commission. Pennanent employees shall be in theunclassified service. In addition, the commission may request staff assistanceand data from~ other~ of state government ~ needed for the executionof the responsibilities of the commission and advisory committee and !!!~!!!!ill promptly furnish it.

Subd. b UAISON OFFICERS. The commission shall request each depart­~ Q!~ head Q[ all state agencies with ~ direct interest and responsibilityin~ phase of environment and natural resources to appoint, and the lattershall~ for the agency, ~ liaison officer who shall work closely with thecommission and its staff. The designated liaison officer shall attend all meetingsof the advisory committee to provide assistance and infonnation to committeemembers when necessary.

Subd. 1. APPRAISAL AND EVALVATION. The commission shall obtainand appraise infonnation available through private organizations and~utilizing to the fullest extent possible studies, data and reports previously pre­pared Q! currently in progress !!y public agencies, private organizations,~and others, concerning future trends ill the protection, conservation, preserva­tion, and enhancement of the state's~ water, land, forests, fish, wildlife, nativevegetation, and other natural resources. Any data compiled !!y the commissionshall be made available to~ standing Q! interim committee ill the legislature!!!!Q!!. the request of the chair of the respective committee.

Subd. ~ PERSONNEL Persons who ~ employed !!Y ~ state~ towork .Q!! ~ project and ~ paid !!y !!! appropriation from the trust fund Q!Minnesota future resources account~ ill the unclassified civil service, and theircontinued employment ~ contingent !!!!Q!!. the availability of money fromthe appropriation. When the appropriation has been spent, their positions mustbe canceled and the approved complement of the agencv reduced accordingly.Part-time employment of persons for .e project ~ authorized.

Subd. ~ ADMINISTRATIVE EXPENSE.~ The administrative expensesof the commission and advisory committee shall be paid from the Minnesotafuture resources account until June lQ, 1995.

ill After June lQ, 1995, the expenses ill the commission and advisorycommittee combined may !!Q! exceed !!!~~ to two percent of thetotal earnings of the trust fund in the preceding fiscal year.

{£} The commission and the advisory committee !!!!ill include! reasonable!!!!2!!!U for their administrative expense ill the budget plan for the !!!ill fund.

Subd. ~ CONFUcr OF INTEREST. ~ commission member, advisorycommittee member,~ review panelist, Q! !!! employee of the commission,

nr IaJIguqe II iDdkated by underline, dektioDi by~. A-I '

may !!Q! participate in Q! vote Q!! ! decision of the commission, advisory com­mittee, .Q!~ review panel relating !Q !!! organization in which the member.panelist, .Q! employee has either! direct .Q! indirect personal financial interest.While serving.Q!! the legislative commission, advisory committee, .Q!~ reviewpanel, .Q! being !!! employee of the commission, ! person shall avoid !!!y poten­tial conflict of interest.

Subd. L. REPORT REQUIRED, The commission shall, !!y July! of eacheven-numbered year,~ ! report !Q the governor, the chairs of the houseappropriations and~ finance committees and the chairs of the house andsenate committees .Q!! environment and natural resources. Copies of the report!!!!ill be available to the public. The report !!!!ill include:

ill ! fQPY of the current strategic plan;

ill ~ description of each project receiving money from the !!!ill fund andMinnesota future resources~ during the preceding two years;

ill! summary of~ research project completed in the preceding~ years;

ill recommendations 12 implement sliccessful projects and programs intO!~ agency's standard operations;

ill 12 the extent known !!y the commission, descriptions of the projectsanticipated to be supported !!y the !£!!g fund and Minnesota future resources~. during the next two years;

ill the~ and amount of all revenues collected and distributed !!y thecommission, including all administrative and other expenses;

ill ! description of the trust fund's assets and liabilities;

ill~ findings Q! recommendations that~ deemed~ to assist thelegislature in fonnulating legislation;

ill ! list of all &fu and donations with ~ value~ $1,000;

llQ} ! comparison of the amounts~ Qy the~ for environment andnatural resources activities through the~ recent fiscal year; and

i!..ll! fQPY of the !!!!ill~ certified financial and compliance audit.

Sec. 14. [U6P.I01 ROYALTIES, COPYllUGHTS, PATENTS.

The trust fund~ and shall take title to the percentage of ! royalty,copyright, or patent resulting from! project supported!!y the trust fund equal tothe percentage of the project's total funding provided !!y the trust fund. Cashreceipts resulting from ~ royalty, copyright, .Q! patent, .Q! the sale of the trustfund's rights to ! !QY!!!y. copyright, .Q! patent, must be credited immediately !Qthe principal of the trust fund. Before! project ~ included in the budget plan,the commission may~ 12 relinquish the ownership ill: rights to ! royalty,copyright, .Q! patent resulting from! project supported !!y the !!!ill fund to theproject's proposer when the amount of the original &:!!!! .Q! loan, plus interest,has been repaid!Q the trust fund.

New Iaapap Ia illdicated by underline, 41e1edou by~

1477 LAWS of MlNNESOTA for 1988 ChI 690, Art. 1 Ch. 690, Art. 1 LAWS of MINNESOTA for 1988 1478

Sec. 15. IU6P.U] AVAILABILI1Y OF FUNDS FOR DISBURSEMENT.

W The amount biennially available from the !!:!ill fund for the budget plandeveloped Qy the commission consists 2f the interest earnings from the trustfund generated in the preceding two fiscal years ending .Q!! the even-numberedyear.

{Q} For funding projects through fiscal year 1997, the following additionalamounts~ available from the~ fund for the budget plans developed Qy thecommission:

ill for the 1991-1993 biennium,!!.Q!Q 25 percent of the~ depositedin the !!:!ill fund in fiscal years 1989 and 1990j

ill for the 1993-1995 biennium,!ill to 20 percent of the~ depositedin the trust fund in fiscal year 1991 and !ill !Q II percent of the~deposited in the fund in fiscal year 1992; and

ill for the 1995-1997 biennium, !ill!Q ten percent of the~ depositedin the fund in fiscal year 1993 and !ill 12 five percent of the~ deposited in!!:!! fund in fiscal year 1994.

{sl Any appropriated funds not encumbered in the biennium in which they~ appropriated cancel and~ be credited to the principal of the trust fund.

Sec. 16. 11l6P.12] WATER SYSTEM IMPROVEMENT WAN PRO­GRAM.

Subdivision.L WANS AUIHORIZED. W !f the principal of the trustfund equals Q! exceeds $200,000,000, the commission may~ to W aside !ill12 five percent of the principal of the~ fund for~ system improvementloans. The~ of~ system improvement loans ~ 12 offer below market~ interest loans 12 local units of government for the purposes of water systemimprovements.

{Q} The interest .Q!! ! loan shall be calculated .Q!! the declining balance!! !~ four percentage points below the seconda.ry market yield of one-year UnitedStates treasury bills calculated according 12 section 549.09, subdivision .L para-I!!P!! 1£1

{sl An eligible project~ prove that existing federal Q! state loans Q!~ have not been adequate.

ll!} Payments .Q!! the principal and interest 2f~ under this section must!!£ credited 12 the !Q!g fund.

!tl Repayment of loans made under this section~ be completed within12 years.

ill The Minnesota public facilities authority~ report to the commission~ year .Q!! the loan program under this section.

New~ is ialUaateIIlPy underline. ddetioes by~. A-I. 5

Subd. b APPliCATION AND ADMINISTRATION. WTh commission~ adopt! procedure for the issuance of the~ system improvement loansQy the public facilities authority.

!!ll The commission also~~~ the loans are administered~i!!Z to its fiduciary standards and requirements.

Sec. 17. (U6P.13] MINNESOTA FUTURE RESOURCES ACCOUNT.

Subdivision.L REVENUE SOURCES. The money in the Minnesota futureresources account~ of~ credited under~ 297.13, subdivision.L clause ill

Subd. b INTEREST. The interest attributable 12 the investment of theMinnesota future resources lliQ.!ill! .!!!,!!g be credited to the account.

Subd. ~ REVENUE PURPOSES. Revenue in the Minnesota future resourceslliQ.!ill! may be spent for purposes Qf natural resources acceleration and outdoorrecreation, including but !!Q! limited to the.development, maintenance and~ation of the~ .Q!!.!QQQ! recreation system under chapter 86A and regionalrecreation~ space systems ~ defined under~ 473.351, subdivision.L

Sec. 18. Minnesota Statutes 1987 Supplement, section 297.13, subdivisionI, is amended to read:

Subdivision 1. CIGARETTE TAX APPORTIONMENT. Revenues receivedfrom taxes, penalties, and interest under sections 297.01 to 297.13 and fromlicense fees and miscellaneous sources of revenue shall be deposited by thecommissioner of revenue in a separate and special fund, designated as thetobacco tax revenue fund, in the slate treasury and credited as follows:

(a) first to the general obligation special tax bond debt service account ineach fiscal year the amount required to increase the balance on hand in theaccount on each December I to an amount equal to the full amount of principaland interest to come due on all outstanding bonds whose debt service is payableprimarily from the proceeds of the tax to and including the second followingJuly I; and

(b) after the requirements of paragraph (a) have been met:

(I) the revenue produced by one mill of the tax on cigarettes weighing notmore than three pounds a thousand and two mills of the tax on cigarettesweighing more than three pounds a thousand must be credited to e the Minneso­ta future resources fttttti lliQ.!ill! fet' fl1t1'l'65eS Elf~ resetiretlS eeeelerati61'1:etl ere. it!eti if!~ 84t;

(2) the revenue produced by two mills of the tax on cigarettes weighing notmore than three pounds a thousand and four mills of the tax on cigarettesweighing more than three pounds a thousand must be credited to the Minnesotastate water pollution control fund created in section 116.16, provided that, if the

New languaae is indicated by underline, deletions by~

1479 LAWS of MINNESOTA for 1988 Ch. 690, Art. 1 Ch. 690, Art. 1 LAWS of MINNESOTA for 1988 K480

tax on cigarettes imposed by United States Code, title 26, section 5701, asamended, is reduced after June I, 1985, an additional one mill of the tax oncigarettes weighing not more than three pounds a thousand and two mills of thetax on cigarettes weighing more than three pounds a thousand must be creditedto the Minnesota state water pollution control fund created in section 116.16less any amount credited to the general obligation special tax debt service accountunder paragraph (a), with respect to bonds issued for the prevention, control,and abatement of water pollution;

(3) the revenue produced by one mill of the tax on cigarettes weighing notmore than three pounds a thousand and two mills of the tax on cigarettesweighing more than three pounds a thousand must be credited to a public healthfund, provided that if the tax on cigarettes imposed by United States Code, title26, section 5701, as amended, is reduced after June I, 1985, an additionaltwo-tenths of one mill of the tax on cigarettes weighing not more than threepounds a thousand .and an additional four-tenths of one mill of the tax oncigarettes weighing more than three pounds a thousand must be credited to thepublic health fund;

(4) the balance of the revenues derived from taxes, penalties, and interestunder sections 297.01 to 297~13 and from license fees and miscellaneous sourcesof revenue shall be credited to the general fund.

Sec. 19. PERSONNEL TRANSFER.

~ unclassified positions associated with the responsibilities of the legisla­tive commission on Minnesota resources are transferred with their incumbentsto the Minnesota future resources commisSJ;;n. -- ---

Sec. 20. TRANSFER OF RIGHTS AND OBLIGATIONS.

The Minnesota future resources commiSSIOn ~ the~ successor in allrespects to the legislative commission .2!! Minnesota resources. The rights andobligations under all existing contracts and !ill: .!i&!!! of action to which thelegislative commission .2!! Minnesota resources ~ ~ ~ 2!: beneficiary ~transferred to the Minnesota future resources commission !illQ!l creation.

Sec. 21. INSTRUcnON TO REVISOR.

W The revisor shall change references to ~legislative commission on Minne­~ resources" to "Minnesota future resources commission" wherever it~in the 1988 edition of Minnesota Statutes.

!!!l The revisor shall renumber sections 86.33, subdivision It ~ 84.965,subdivision .L 86.33, subdivision .1 ~ 84.965, subdivision £ and 86.78 ~!i.2.§§ in~~~ of Minnesota Statutes.

Sec. 22. .REPEALER.

Minnesota Statutes 1986, sections 86.01; 86.02; 86.03; 86.06; 86.07; 86.08;86.10; 86.11; 86.12; 86.31; 86.32; 86.33, subdivision .L 86.34; 86.35; 86.41;86.42; 86.51; 86.53; 86.61; and 86.75~ repealed.

~_~ Is iBdicateCI lIy underline, deletions by~. A-1.6

Sec. 23. EFFECTIVE DATE.

Sections 1 !!!Q 1.~ effective the~~ final enactment. Sections 1!Q 22~ effective the ~ following adoption .!ll: the~ of the constitutionalamendment proposed .!ll: section .L

ARTICLE 2

GREATER MINNESOTA CORPORATION

Section 1. Minnesota Statutes 1987 Supplement, section 16A.1541, is amendedto read:

16A.1541 ADDITIONAL REVENUES; PRIORITY.

If on the basis of a forecast of general fund revenues and expenditures thecommissioner of finance determines that there will be a positive unrestrictedbudgetary general fund balance at the close of the biennium, the commissionerof finance must allocate money tit tite feH8 '" iar:~ ef AAflf'ih"

tB tite~ aeees8ItfY i&~ tite 1'.8rterty 4elt 4e¥y reeegftiti8ft~ttft6er~ 121.9G4, SttlltH"isi8B 4e; i&~~

~ tite remltiftee. fB 8Be hel:f i& the~ Miftfteset:e fttfte; 9tit Bet i&

~ $12G,00G,00G eflti~ efte hel:f to the budget and cash flow reserve accountuntil the total amount in the account equals $550,000,000.

The amounts necessary to meet the requirements ef~ tB eflti~ areappropriated from the general fund.

Sec. 2. TRANSFER RETURNED.

The~ Minnesota Corporation shall ill!!!.!! to the~ treasury$80,500,000 of the money transferred !2 11 under Minnesota Statutes 1987Supplement, section 16A.1541. The~ must be made to the commissionerof finance, who shall credit the receipt to the general fund. The ill!!!!! !!!!ill bemade ~~~~ practical, while minimizing~ investment~ that might~ from early redemption.

Sec. 3. Minnesota Statutes 1987 Supplement, section 1160.12, is amendedto read:

1160.12 GREATER MINNESOTA FUND.

(a) The Greater Minnesota fund is created in the state treasury. The boardmay require the commissioner of finance to create separate accounts within thefund for use in accordance with the fund's purposes. Money in the fund notneeded for the immediate purposes of the corporation may be invested by the

New buJ&ua&e Is iDdkateci by underline, deledons by~

1481 LAWS of MINNESOTA for 1988 Ch.691

corporation in any way authorized by section lIA.24. Money in the fund isappropriated to the corporation to be used as provided in this chapter.

(b) The fund consists of:

(1) money appropriated and transferred from other state funds;

(2) fees and charges collected by the corporation;

(3) income from investments and purchases;

(4) revenue from loans, rentals, royalties, dividends, and other proceedscollected in connection with lawful corporate purposes; itft6

(5) gifts, donations, and bequests made to the corporation~and

@ through the first five full fiscal years, during which proceeds from thelottery ~ received, one-half of the net proceeds of the state-operated lottery!!!!ill be credited to the~ Minnesota corporation fund. Thereafter,'!!p toone-half, ~ determined !!.y law each biennium, of the net proceeds from thestate-operated lottery~ be credited !2 the greater Minnesota corporationfund.

Sec. 4. EFFECTIVE DATE.

Sections! and 1 !!! effective the~ following final enactment. Section J~ effective the~ following adoption!!'y the~ of the constitutional amend­ment proposed !!.y article Lsection b

Approved April 28, 1988

A-I.?

APPENDIX TWOREINVESTMENT IN MINNESOTA

RESOURCES FUND

84.95 REINVEST IN MINNESOTA RESOURCES FUND.Subdivision 1. Program fund; establishment. A reinvest in Minnesota resources

fund is created as a separate fund in the state treasury. The fund shall be managed toearn the highest interest compatible with prudent investment, preservation of princi­pal, and reasonable liquidity. The principal and interest attributable to the principalshall remain in the fund until spent. Proceeds ofstate bonds issued for purposes of thefund shall be segregated in a special account and disbursed only for capital costs oftheacquisition and betterment of public land and easements in land and improvementsin land for which the proceeds are appropriated.

Subd. 2. Purposes and expenditures. Money from the reinvest in Minnesotaresources fund may only be spent for the following fish and wildlife conservationenhancement purposes:

(I) development and implementation of the comprehensive fish and wildlife man­agement plan under section 84.942;

(2) implementation of the conservation reserve program established by section40.43;

(3) soil and water conservation practices to improve water quality, reduce soilerosion and crop surpluses;

(4) enhancement of fish and wildlife habitat on lakes, streams, wetlands, andpublic and private forest lands;

(5) acquisition and development of public access sites and recreation easementsto lakes, streams, and rivers for fish and wildlife oriented recreation;

(6) matching funds with government agencies, federally recognized Indian tribesand bands, and the private sector for acquisition and improvement of fish and wildlifehabitat;

(7) research and surveys of fish and wildlife species and habitat;(8) enforcement of natural resource laws and rules;(9) information and education;(l0) implementing the aspen recycling program under section 88.80; and(II) necessary support services to carry out these purposes.Subd. 3. Work plan. By February I of each year the commissioner of natural

resources, in consultation with the commissioner ofagriculture, must present a writtenwork plan for expenditure of money from the reinvest in Minnesota resources fund forthe next fiscal year to the senate and house committees on agriculture and environmentand natural resources for their review and comment. Any recommendations to thecommissioners by the committees must be returned to the commissioners by March 15.By April 30 of each year the commissioner must make the work plan, with anyrevisions, available to the public for comment. In so doing, the commissioner musthold at least three public meetings to inform the public of the work plan; one meetingto be held in the Twin Cities metropolitan area, the others at non-Twin Cities locations,one each in northern and southern Minnesota. By January 15 of each year, thecommissioner must prepare a written progress report on projects undertaken andmoney encumbered during the fiscal year just ended, and must transmit the report tothe above committees and make the report available to the public. ~ 2

History: . c 248 s 70; 1986 c 383 s 12; 1987 c 357 s 17,18

APPENDIX THREE

473.351 METROPOUTAN AREA REGIONAL PA.RKS FUNDING.Subdivision 1. Definitions. The definitions in this subdivision apply to this

section.(a) "Implementing agency" means the·counties of Anoka, Washington, Ramsey,

Scott, Carver, Dakota, the city of St. Paul, the city of Bloomington, the Minneapolispark and recreation board, and the Hennepin county park reserve district.

(b) "Operation and maintenance expenditures" means the cost of providing forthe operation and maintenance of waters, lands, and facilities that are a part of themetropolitan area regional park and open space system, including but not limited to,the provision of fire, police, maintenance, forestry, rehabilitation expenses pertainingto routine care, and the allocation of the administrative overhead costs of the regionalpark and open space systems.

(c) "Operation and maintenance money" means money appropriated by the legis­lature to the commissioner oftrade and economic development for distribution by themetropolitan council.

(d) "Regional recreation open space systems" means those parks that have beendesignated by the metropolitan council under section 473.145.

APPENDIX FOURFISH AND WILDUFE RESOURCES

MANAGEMENT PLAN

84.942 FISH AND WILDUFE RESOURCES MANAGEMENT PLAN.Subdivision I. Preparation. The commissioner of natural resources shall prepare

a comprehensive fish and wildlife management plan designed to accomplish the policyofsection 84.941. The comprehensive fish and wildlife management plan shall includea strategic plan as outlined in subdivision 2. The strategic plan must be completed byJuly I, 1986. The management plan must also include the long-range and operationalplans as described in subdivisions 3 and 4. The management plan must be completedby July I, 1988. .

Subd. 2. Strategic plan. The strategic plan must be updated every six years andinclude:

(I) an issues analysis describing major fish and wildlife management problems;(2) a description of strategies to address management PJoblems; and(3) an assessment of the need for additional fish and wildlife research facilities.Subd. 3. Long-range plan. The long-range plan must be updated every six years

and include:(I) an assessment of historical, present, and projected demand for fish and wildlife

resources;(2) an assessment of the capability of fish and wildlife resources to meet present

and future demand;(3) development of a data base capable of continuous updating and usable as a

resource management tool; and(4) a statement of major goals, objectives, and policies to address fish and wildlife

resource management issues.Subd. 4. Operational plan. The operational plan must be reviewed and updated

every two years. The operational plan must include the following:( I) a description of specific actions needed to address resource management

issues;(2) an estimate of the expenditures necessary to implement the management

actions and a description of the sources and amounts of revenue available;(3) a procedure to review expenditures and evaluate the effectiveness of the

management program; and(4) recommendations for additional actions necessary to meet fish and wildlife

management needs.Subd. 5. Public agency coordination. The commissioner of natural resources must

coordinate fish and wildlife planning efforts with appropriate public agencies to achieveoptimum public benefit.

Subd. 6. Public involvement. The commissioner of natural resources must makefish and wildlife management plans available for public input, review, and comment.

History: J986 c 383 s 8 A- 3

APPENDIX FIVE

Sec. 36. (4.071) OIL OVERCHARGE MONEY.

Money received~ the state ~ ~ result of litigation Q! settlements of allegedviolations of federal petroleum pricing regulations may not be~ until thelegislative commission on Minnesota resources has reviewed the proposed projectsand the money ~ specifically appropriated ~ law. b. work plan~ be pre­pared for each proposed project for review~ the commission. The commission~ recommend specific projects to the legislature.

APPENDIX SIX

MINNESOTA FUTURE RESOURCES COMMISSION

ROLE STATEMENT FOR COMMISSION MEMBERS AND ADVISORY COMMITTEE MEMBERS

ACTIVITY

Regular MFRC Meetings

Statewide Fact Finding

Regional Resource Forum

State Natural Resource Congress

Commission Retreat

Strategic Plan Draft Preparation

Strategic Plan Adoption

Proposal Review

Budget Plan Adoption

COMMISSION MEMBERS

Decisions

Attend

Comment

Comment

Set Priorities

Adopt

Review

Adopt

ADVISORY COMMITTEE

Attend by invitation of MFRC Chair

Attend

Help organize & lead discussions

Selected members moderate sessions atResource Congress; others attend andparticipate

Attend

Adopt

Discuss

Observe*

Observe*

Administrative Provisions:Members will be expected toby other than MFRC arrangedof lodging reservation made

*Expenses not covered

Guests may accompany members as appropriate and as determined by Chair.utilize the transportation and lodging arrangements of the MFRC. Traveltransportation will be reimbursed at least cost method. Cancellationthrough the MFRC will be the responsibility of the member.

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REFERENCE DOCUMENT FOR APPENDIX SIX

(State Planning Agency Draft as"Amended)

PURPOSE: Provide input and guidance to direction of the Com­mission.

OBJECTIVE: Identify most significant issues facing the stateand recommend strategies to address the issues.

o Focus should be on "Big Picture" (i.e., Strategic Plan),not on specifics (i.e"., individual project proposals).

o Attempt should be made to keep the committee "}\dvisory"to the Commission which requires the committee "keepingits distance" from the Commission; Committee should notbe "Ad Hoc" citizens members of the Commission.

RESPONSIBILITIES:

o Present draft Strategic Plan to Commission for its re­view, modification and adoption.

o Voluntary review of project proposals.

o Review projects as a basis for updating Strategic Plan.

STRATEGIC PLAN PREPARATION SCENARIO:

o Working with MFRC staff with assistance of State Agencystaff as requested, prepare a draft outline of StrategicPlan.

o Present draft outline to Resources Congress as a discus­sion piece and starting point for preparation of thedraft strategic Plan.

o Resources Congress attendees, and others who maynot be participating in-person, should be giventhe widest latitude in presenting their ideas,but a starting point can focus discussion to ob­jective of the meeting.

o Resources Congress is convened by Commission, butcommittee members could chair or act as meetingfacilitators.

o Committee, with assistance from MFRC staff and of StateAgency staff as requested take raw data from the Re­sources Congress and develop a draft Strategic Planfor presentation to Commission.

o Although staff may "put pen-to-paper", the draftplan must be the committee's product.

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PROJECT R~VIEW:

o Committee members will be given opportunity to reviewindividual project proposals, but it would be up to theindividpal member as to whether they wanted to commentto the Commission. It would not be a requirement.

o Committee members should review projects in respect toupdating the Strategic Plan.

o This would not be a review of the merits of theproject or its success, but a review of progresstoward meeting the objectives of the currentStrategic Plan.

o This review would assist the committee in pre­par ing the draft outline for the succeedingResources Congress.

COMMENTS:

o Time estimate for citizen members would be up to 28 daysper biennium, mostly in the odd numbered years, recog­nizing that not all members can attend all events.

o Statutes only involves the committee with Trust Fund ac­tivities; it is up to the Commission to determine if theAdvisory Committee should be involved with other Commis­sion activities. .

o Most important and immediate task is preparation ofStrategic Plan; committee should focus its energiesthe preparation; if Commission wants the committeevolved with individual projects, that process needbe defined for a year or two.

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