piers109uk/MN-Statutes huggingface dataset:
116J.0125 ANNUAL REPORT TO LEGISLATURE.
The commissioner shall provide to the legislature no later than January 15 of each year a report of department programs and services. The report must include:
(1) a description of the department's programs and services;
(2) the number of clients served by each program or service;
(3) an evaluation of each program or service; and
(4) recommendations for changes or improvements to the programs or services.
116J.015 LEGISLATIVE REVIEW; EXPIRATION OF REPORT MANDATES.
The commissioner shall submit to the chairs and ranking minority members of the legislative committees with jurisdiction over employment and economic development by February 15 of each year, beginning February 15, 2024, the following:
(1) a list of all reports required from the commissioner of employment and economic development to the legislature that are mandated by statute and the enabling legislation does not include a date for the submission of a final report;
(2) a discussion regarding the usefulness of continuation for each report; and
(3) any additional information the commissioner considers appropriate regarding whether the reporting requirement should be set to expire by the legislature.
116J.014 COOPERATION WITH OTHER STATE AGENCIES.
To effectively coordinate job training and placement services with future job needs of the state the commissioner shall maintain close liaison, coordination and cooperation with the commissioner of any other state agency involved in employment issues affecting the state.
116J.03 DEFINITIONS.
As used in this chapter, the terms defined in this section have the meaning given them.
"Commissioner" means the commissioner of employment and economic development.
"Department" means the Department of Employment and Economic Development.
216C.05 FINDINGS AND PURPOSE.
The legislature finds and declares that continued growth in demand for energy will cause severe social and economic dislocations, and that the state has a vital interest in providing for: increased efficiency in energy consumption, the development and use of renewable energy resources wherever possible, and the creation of an effective energy forecasting, planning, and education program.
The legislature further finds and declares that the protection of life, safety, and financial security for citizens during an energy crisis is of paramount importance.
Therefore, the legislature finds that it is in the public interest to review, analyze, and encourage those energy programs that will minimize the need for annual increases in fossil fuel consumption by 1990 and the need for additional electrical generating plants, and provide for an optimum combination of energy sources and energy conservation consistent with environmental protection and the protection of citizens.
The legislature intends to monitor, through energy policy planning and implementation, the transition from historic growth in energy demand to a period when demand for traditional fuels becomes stable and the supply of renewable energy resources is readily available and adequately utilized.
The legislature further finds that for economic growth, environmental improvement, and protection of citizens, it is in the public interest to encourage those energy programs that will provide an optimum combination of energy resources, including energy savings.
Therefore, the legislature, through its committees, must monitor and evaluate progress toward greater reliance on cost-effective energy efficiency and renewable energy and lesser dependence on fossil fuels in order to reduce the economic burden of fuel imports, diversify utility-owned and consumer-owned energy resources, reduce utility costs for businesses and residents, improve the competitiveness and profitability of Minnesota businesses, create more energy-related jobs that contribute to the Minnesota economy, and reduce pollution and emissions that cause climate change.
It is the energy policy of the state of Minnesota that:
(1) annual energy savings equal to at least 1.5 percent of annual retail energy sales of electricity and natural gas be achieved through cost-effective energy efficiency;
(2) the per capita use of fossil fuel as an energy input be reduced by 15 percent by the year 2015, through increased reliance on energy efficiency and renewable energy alternatives;
(3) 25 percent of the total energy used in the state be derived from renewable energy resources by the year 2025; and
(4) retail electricity rates for each customer class be at least five percent below the national average.
216C.07 CONFLICT OF INTEREST.
No person shall be eligible to continue in office as commissioner unless that person has within six months after being appointed completed divestiture of any interest except fully vested pension rights in any utility, coal, or petroleum supplier, or manufacturer of any major component of a large energy facility doing business within or outside this state.
No person who is an employee of the department shall participate in any manner in any decision or action of the commissioner where that person has a direct or indirect financial interest.
216C.08 JURISDICTION.
(a) The commissioner has sole authority and responsibility to administer this chapter. Other laws notwithstanding, the authority granted to the commissioner under this section supersedes the authority given any other agency whenever overlapping, duplication, or additional administrative or legal procedures might occur in administering this chapter. The commissioner shall consult with other state departments or agencies in matters related to energy and shall contract with the other state departments or agencies to provide appropriate services to effectuate the purposes of this chapter. Any other department, agency, or official of this state or political subdivision thereof which would in any way affect the administration or enforcement of this chapter shall cooperate and coordinate all activities with the commissioner to assure orderly and efficient administration and enforcement of this chapter.
(b) The commissioner shall designate a liaison officer whose duty shall be to insure the maximum possible consistency in procedures and to eliminate duplication between the commissioner and the other agencies that may be involved in energy.
216C.11 ENERGY CONSERVATION INFORMATION CENTER.
The commissioner shall establish an Energy Information Center in the department's offices in St. Paul. The information center shall maintain a toll-free telephone information service and disseminate printed materials on energy conservation topics, including but not limited to, availability of loans and other public and private financing methods for energy conservation physical improvements, the techniques and materials used to conserve energy in buildings, including retrofitting or upgrading insulation and installing weatherstripping, the projected prices and availability of different sources of energy, and alternative sources of energy.
The Energy Information Center shall serve as the official Minnesota Alcohol Fuels Information Center and shall disseminate information, printed, by the toll-free telephone information service, or otherwise on the applicability and technology of alcohol fuels.
The information center shall include information on the potential hazards of energy conservation techniques and improvements in the printed materials disseminated. The commissioner shall not be liable for damages arising from the installation or operation of equipment or materials recommended by the information center.
The information center shall use the information collected under section 216C.02, subdivision 1, to maintain a central source of information on conservation and other energy-related programs, including both programs required by law or rule and programs developed and carried on voluntarily.
216C.10 COMMISSIONER POWERS.
(a) The commissioner may:
(1) adopt rules under chapter 14 as necessary to carry out the purposes of this chapter;
(2) make all contracts under this chapter and do all things necessary to cooperate with the United States government, and to qualify for, accept, and disburse any grant intended to administer this chapter;
(3) provide on-site technical assistance to units of local government in order to enhance local capabilities for dealing with energy problems;
(4) administer for the state, energy programs under federal law, regulations, or guidelines, and coordinate the programs and activities with other state agencies, units of local government, and educational institutions;
(5) develop a state energy investment plan with yearly energy conservation and alternative energy development goals, investment targets, and marketing strategies;
(6) perform market analysis studies relating to conservation, alternative and renewable energy resources, and energy recovery;
(7) assist with the preparation of proposals for innovative conservation, renewable, alternative, or energy recovery projects;
(8) manage and disburse funds made available for the purpose of research studies or demonstration projects related to energy conservation or other activities deemed appropriate by the commissioner;
(9) intervene in certificate of need proceedings before the Public Utilities Commission;
(10) collect fees from recipients of loans, grants, or other financial aid from money received from litigation or settlement of alleged violations of federal petroleum-pricing regulations, which fees must be used to pay the department's costs in administering those financial aids; and
(11) collect fees from proposers and operators of conservation and other energy-related programs that are reviewed, evaluated, or approved by the department, other than proposers that are political subdivisions or community or nonprofit organizations, to cover the department's cost in making the reviewal, evaluation, or approval and in developing additional programs for others to operate.
(b) Notwithstanding any other law, the commissioner is designated the state agent to apply for, receive, and accept federal or other funds made available to the state for the purposes of this chapter.
216C.12 ENERGY CONSERVATION PUBLICITY.
The commissioner in consultation with other affected agencies or departments shall develop informational materials, pamphlets and radio and television messages on energy conservation and housing programs available in Minnesota, renewable energy resources, and energy supply and demand. The printed materials shall include information on available tax credits for residential energy conservation measures, residential retrofitting loan and grant programs, and data on the economics of energy conservation and renewable resource measures. Copies of printed materials shall be distributed to members of the appropriate standing committees of the legislature.
216C.13 POSTSECONDARY ENERGY EDUCATION.
The commissioner, in consultation with the commissioner of education, the Minnesota Office of Higher Education, the Board of Trustees of the Minnesota State Colleges and Universities, and the Board of Regents of the University of Minnesota, shall assist in the development and implementation of adult and postsecondary energy education programs.
216C.17 ENERGY FORECASTS AND STATISTICS; REPORT.
In order to further the purposes of sections 216C.05 to 216C.30, the commissioner shall develop and maintain an effective program of collection, compilation, and analysis of energy statistics. The statistical program shall be developed to insure a central state repository of energy data and so that the state may coordinate and cooperate with other governmental data collection and record-keeping programs.
Except as provided in subdivision 3, in addition to supplying the current statistical and short-range forecasting information the commissioner requires, each utility, coal supplier, petroleum supplier and large energy facility in the state shall prepare and transmit to the commissioner by July 1 of each year, a report specifying in five-, ten-, and 15-year forecasts the projected demand for energy within their respective service areas and the facilities necessary to meet the demand.
The report shall be in a form specified by the commissioner and contain all information deemed relevant by the commissioner.
The commissioner shall, to the maximum extent feasible, provide that forecasts required under this section be consistent with material required by other state and federal agencies in order to prevent unnecessary duplication. Electric utilities submitting advance forecasts as part of an integrated resource plan filed pursuant to section 216B.2422 and Public Utilities Commission rules are excluded from the annual reporting requirement in subdivision 2.
Reports issued pursuant to this section, other than individual corporate reports classified as nonpublic data in section 13.68, shall be available for public inspection in the office of the department during normal business hours.
The commissioner shall review and evaluate forecasts of energy demands and resources as they relate to the most current population growth and development estimates, statewide and regional land use, transportation, and economic development programs and forecasts.
216C.18 STATE ENERGY POLICY AND CONSERVATION REPORT.
By July 1 of 1988 and every four years thereafter, the commissioner shall issue a comprehensive report designed to identify major emerging trends and issues in energy supply, consumption, conservation, and costs. The report shall include the following:
(1) projections of the level and composition of statewide energy consumption under current government policies and an evaluation of the ability of existing and anticipated facilities to supply the necessary energy for that consumption;
(2) projections of how the level and the composition of energy consumption would be affected by new programs or new policies;
(3) projections of energy costs to consumers, businesses, and government;
(4) identification and discussion of key social, economic, and environmental issues in energy;
(5) explanations of the department's current energy programs and studies; and
(6) recommendations.
The energy policy and conservation report shall include a section prepared by the Public Utilities Commission. The commission's section shall be prepared in consultation with the commissioner and shall include, but not be limited to, all of the following:
(1) a description and analysis of the commission's rate design policy as it pertains to the goals stated in sections 216B.164, 216B.241, and 216C.05, including a description of all energy conservation improvements ordered by the commission; and
(2) recommendations to the governor and the legislature for administrative and legislative actions to accomplish the purposes of sections 216B.164, 216B.241, and 216C.05.
Prior to the preparation of a final report, the commissioner shall issue a draft report to the Environmental Quality Board and any person, upon request, and shall hold a public meeting. Notice of the public meeting shall be provided to each regional development commission.
The commissioner shall distribute the final report to any person upon request.
216C.20 ENERGY CONSERVATION IN PUBLIC BUILDING.
The rules concerning heat loss, illumination, and climate control standards adopted pursuant to section 326B.106, subdivision 1, shall include standards for all existing buildings heated by oil, coal, gas, or electric units which are owned by the state, the University of Minnesota, any city, any county, or any school district. Compliance with standards adopted pursuant to this section shall not be mandatory for buildings owned by any city, county, or school district, except as otherwise provided by this section.
The illumination standards promulgated pursuant to subdivision 1, are mandatory for all public buildings where economically feasible. For the purposes of this subdivision, "public building" means any building which is open to the public during normal business hours and which exceeds 5,000 square feet in gross floor area. The commissioner shall specify the formula for determining economic feasibility.
No enclosed structure or portion of an enclosed structure constructed after January 1, 1978, and used primarily as a commercial parking facility for three or more motor vehicles shall be heated. Incidental heating resulting from building exhaust air passing through a parking facility shall not be prohibited, provided that substantially all useful heat has previously been removed from the air. The commissioner of commerce may grant an exemption from this subdivision if the commercial parking is integrated within a facility that has both public and private uses, the benefits of the exemption to taxpayers exceed the costs, and all appropriate energy efficiency measures have been considered.
216C.30 ENFORCEMENT; PENALTIES, REMEDIES.
Any person who violates any provision of this chapter or section 325F.20 or 325F.21, or any rule promulgated thereunder, or knowingly submits false information in any report required by this chapter or section 325F.20 or 325F.21 shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense.
The provisions of this chapter and sections 325F.20 and 325F.21, or any rules promulgated hereunder may be enforced by injunction, action to compel performance or other appropriate action in the district court of the county wherein the violation takes place. The attorney general shall bring any action under this subdivision upon the request of the commissioner, and the existence of an adequate remedy at law shall not be a defense to an action brought under this subdivision.
When the court finds that any person has violated any provision of this chapter or section 325F.20 or 325F.21, or any rule thereunder, has knowingly submitted false information in any report required by this chapter or section 325F.20 or 325F.21, or has violated any court order issued under this chapter or section 325F.20 or 325F.21, the court may impose a civil penalty of not more than $10,000 for each violation. These penalties shall be paid to the general fund in the state treasury.
[Repealed, 2008 c 277 art 1 s 98]
[Repealed, 2007 c 136 art 3 s 7]
216C.26 ENERGY RESEARCH PROJECT; REVIEW.
The commissioner shall continuously identify, monitor, and evaluate in terms of potential direct benefit to, and possible implementation in Minnesota, research studies and demonstration projects of alternative energy and energy conservation systems and methodologies currently performed in Minnesota and other states and countries including:
(1) solar energy systems for heating and cooling;
(2) energy systems using wind, agricultural wastes, forestry products, peat, and other nonconventional energy resources;
(3) devices and technologies increasing the energy efficiency of energy-consuming appliances, equipment, and systems;
(4) hydroelectric power; and
(5) other projects the commissioner deems appropriate and of direct benefit to Minnesota and other states of the upper midwest.
216C.25 SOLAR ENERGY SYSTEM STANDARDS.
The commissioner of administration in consultation with the commissioner shall adopt rules concerning quality and performance standards which are in reasonable conformance with the Interim Performance Criteria for Solar Heating and Combined Heating/Cooling Systems and Dwellings, National Bureau of Standards, January 1, 1975; and the Interim Performance Criteria for Commercial Solar Heating and Combined Heating/Cooling Systems and Facilities, National Aeronautics and Space Administration, February 28, 1975, to insure that within the existing state of development, solar energy systems as defined in section 216C.06, subdivision 17, which are sold or installed within this state, are effective and represent a high standard of quality of material, workmanship, design, and performance. The commissioner of administration in consultation with the energy commissioner shall amend the rules as new technology and materials become available, or as standards are revised by the federal government.
Manufacturers or retailers of solar energy systems shall disclose to each bona fide potential purchaser of a system the extent to which the system meets or exceeds each quality standard.
216C.29 SUBPOENA POWER.
The commissioner shall have the power, for the purposes of sections 216C.05 to 216C.30, to issue subpoenas for production of books, records, correspondence and other information and to require attendance of witnesses. The subpoenas may be served anywhere in the state by any person authorized to serve processes of courts of record. If a person does not comply with a subpoena, the commissioner may apply to the District Court of Ramsey County and the court shall compel obedience to the subpoena by a proper order. A person failing to obey the order is punishable by the court as for contempt.
216C.31 ENERGY AUDIT PROGRAMS.
The commissioner shall develop state programs of energy audits of residential and commercial buildings including the training and qualifications necessary for the auditing of residential and commercial buildings under the auspices of a program created under section 216B.241.
216C.32 ENERGY-EFFICIENT BUILDING EDUCATION.
The commissioner shall develop a program to provide information and training to persons in the state who influence the energy efficiency of new buildings, including contractors, engineers, and architects on techniques and standards for the design and construction of buildings which maximize energy efficiency. The program may include the production of printed materials and the development of training courses.
216C.261 ALTERNATIVE ENERGY ENGINEERING ACTIVITY.
To further the development of indigenous energy resources and energy conservation, the commissioner shall establish an alternative energy engineering activity. The activity shall facilitate the development of specific projects in the public and private sectors and provide a broad range of information, education, and engineering assistance services necessary to accelerate energy conservation and alternative energy development in the state.
The alternative energy engineering activity shall:
(1) provide on-site technical assistance for alternative energy and conservation projects;
(2) develop information materials and educational programs to meet the needs of engineers, technicians, developers, and others in the alternative energy field;
(3) conduct feasibility studies when the results of the studies would be of benefit to others working in the same area;
(4) facilitate development of energy projects through assistance in finding financing, meeting regulatory requirements, gaining public and private support, limited technical consultation, and similar forms of assistance; and
(5) work with and use the services of Minnesota design professionals.
216C.33 MINNESOTA BIOMASS CENTER.
The commissioner, in consultation with the commissioner of agriculture, may organize a Minnesota Biomass Center.
The center shall be the focus of biomass energy activities for the state. To the maximum extent possible, the center shall coordinate its activities and the use of its staff and facilities with those of other entities involved in biomass energy projects.
The center shall:
(1) coordinate existing education and training programs for biomass energy production and use within the state and develop new programs where necessary. Educational programs shall cover all types of biomass energy production use, including but not limited to production from grain, biowaste, and cellulosic materials;
(2) serve as a central information resource in conjunction with existing agencies and academic institutions in order to provide information to the public on the production and use of biomass energy. The center shall obtain and analyze available information on biomass energy topics and prepare it for distribution to ensure that the public receives the most accurate and up-to-date information available;
(3) participate in necessary research projects to assist in technological advancement in areas of biomass energy production, distribution, and use. The center shall also study the environmental and safety aspects of biomass energy use;
(4) support and coordinate financing activities for biomass energy production, including providing technical assistance and manuals to individuals and groups seeking private, local, state or federal funding. The center shall be responsible for evaluating projects for any state assistance that may become available;
(5) develop consumer information and protection programs for all aspects of biomass energy production and use;
(6) investigate marketing and distribution needs within the state;
(7) review state and federal laws and regulations affecting biomass energy production and use, and evaluate regulatory incentives in order to provide the legislature with legislative proposals for the encouragement of biomass energy production and use within the state.
216C.34 MONEY FOR SCHOOL OR GOVERNING BODY.
Money to pay part or all of the actual costs of mini-audits, maxi-audits, and energy conservation measures performed by or for schools and governing bodies shall be available from legislative appropriations made for that purpose in accordance with the priorities established in section 216C.35. Money appropriated pursuant to this section is available to school districts and local governmental units that submitted acceptable mini-audits or maxi-audits after April 9, 1976, and before July 1, 1979.
216C.315 ALTERNATIVE ENERGY ECONOMIC ANALYSIS.
The commissioner shall carry out the following energy economic analysis duties:
(1) provide continued analysis of alternative energy issues for the biennial report, certificates of need, and legislative requests;
(2) provide alternative energy information to consumers and business;
(3) assist in the maintenance and improvement of alternative energy input-output multipliers and market penetration models;
(4) provide analysis of alternative energy data.
216C.35 PRIORITIES FOR FUNDING.
All applications for funding shall be made to the commissioner. Applications shall be accompanied by a report on the energy-using characteristics of the building and any other information the commissioner may reasonably require.
216C.381 COMMUNITY ENERGY PROGRAM.
The legislature finds that community-based energy programs are an effective means of implementing improved energy practices including conservation, greater efficiency in energy use, and the use of alternative resources. Further, community-based energy programs are found to be a public purpose for which public money may be spent.
Statutory and home rule charter cities, counties, or Indian tribal governments of federally recognized Minnesota-based bands or tribes, individually or through the exercise of joint powers agreements, may create community energy councils. Membership on a council shall include representatives of labor, small business, voluntary organizations, senior citizens, and low- and moderate-income residents, and may include city, county, and Indian tribal government officials, and other interested parties.
In order to develop and implement community-based energy programs, a community energy council may:
(1) analyze social and economic impacts caused by energy expenditures;
(2) plan, coordinate, advertise, and provide energy programs to minimize negative social and economic impacts;
(3) seek, accept, and disburse grants and other aids from public or private sources for purposes authorized in this subdivision; and
(4) exercise other powers and duties imposed on it by statute, charter, or by ordinance.
The commissioner may provide professional and financial assistance to communities to establish community energy councils, and develop and implement community energy programs, within available resources.
116J.391 COORDINATION OF BROADBAND INFRASTRUCTURE DEVELOPMENT.
(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Broadband" or "broadband service" has the meaning given in section 116J.39, subdivision 1, paragraph (b).
(c) "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber optic or other cables that support broadband and wireless facilities for broadband service.
(d) "Local unit of government" has the meaning given in section 116G.03, subdivision 3.
(e) "Office" means the Office of Broadband Development established in section 116J.39.
(a) The office shall, in collaboration with the Department of Transportation and private entities, encourage and coordinate "dig once" efforts for the planning, relocation, installation, or improvement of broadband conduit within the right-of-way in conjunction with any current or planned construction, including, but not limited to, trunk highways and bridges. To the extent necessary, the office shall, in collaboration with the Department of Transportation, evaluate engineering and design standards, procedures and criteria for contracts or lease agreements with private entities, and pricing requirements, and provide for allocation of risk, costs, and any revenue generated.
(b) The office shall, in collaboration with other state departments and agencies as the office deems necessary, develop a strategy to facilitate the timely and efficient deployment of broadband conduit or other broadband facilities on state-owned lands and buildings.
(c) To the extent practicable, the office shall encourage and assist local units of government to adopt and implement policies similar to those under paragraphs (a) and (b) for construction or other improvements to county state-aid highways, municipal state-aid roads, and any other rights-of-way under the local unit of government's jurisdiction, and to other lands or buildings owned by the local unit of government.
(d) Special consideration must be paid to projects under this subdivision that will likely improve access to broadband by rural or underserved communities.
As part of its annual report under section 116J.39, subdivision 5, the office shall report on activities taken under this section, including, but not limited to, the number of current and planned projects using the "dig once" approach, any gains in broadband speed or access associated with the project, and any costs or cost savings to the state, private entity, or end user of broadband services.
Nothing in this section shall be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state of Minnesota; its departments, agencies, or entities; its officers, employees, or agents; or any other person.
116J.394 DEFINITIONS.
(a) For the purposes of sections 116J.394 to 116J.398, the following terms have the meanings given them.
(b) "Broadband" or "broadband service" has the meaning given in section 116J.39, subdivision 1, paragraph (b).
(c) "Broadband infrastructure" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed Internet access and other advanced telecommunications services for end users.
(d) "Commissioner" means the commissioner of employment and economic development.
(e) "Last-mile infrastructure" means broadband infrastructure that serves as the final leg connecting the broadband service provider's network to the end-use customer's on-premises telecommunications equipment.
(f) "Middle-mile infrastructure" means broadband infrastructure that links a broadband service provider's core network infrastructure to last-mile infrastructure.
(g) "Political subdivision" means any county, city, town, school district, special district or other political subdivision, or public corporation.
(h) "Underserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service at speeds of at least 100 megabits per second download and at least 20 megabits per second upload.
(i) "Unserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service, as defined in section 116J.39.
116J.3952 LOWER POPULATION DENSITY GRANT PROGRAM.
A lower population density grant program is established in the Department of Employment and Economic Development. The purpose of the lower population density grant program is to provide broadband service to unserved and underserved areas of the state where a 50 percent match formula is not adequate to make a business case for the extension of broadband facilities.
Grants awarded under this section may fund up to 75 percent of the total cost of a project and must otherwise adhere to section 116J.395, subdivisions 1 to 6 and subdivision 7, paragraph (b).
116J.397 UPDATED BROADBAND DEPLOYMENT DATA AND MAPS.
(a) Beginning in 2016 and continuing each year thereafter, the Office of Broadband Development shall contract with one or more independent organizations that have extensive experience working with Minnesota broadband providers to:
(1) collect broadband deployment data from Minnesota providers, verify its accuracy through on-the-ground testing, and create state and county maps available to the public by April 15, 2017, and each April 15 thereafter, showing the availability of broadband service at various upload and download speeds throughout Minnesota;
(2) analyze the deployment data collected to help inform future investments in broadband infrastructure; and
(3) conduct business and residential surveys that measure broadband adoption and use in the state.
(b) Data provided by a broadband provider under this section is nonpublic data under section 13.02, subdivision 9. Maps produced under this paragraph are public data under section 13.03.
116J.396 BORDER-TO-BORDER BROADBAND FUND.
The border-to-border broadband fund account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Funds remaining in the account at the end of a fiscal year are not canceled to the general fund, but remain in the account until expended. The commissioner shall manage the account.
Money in the account may be used only:
(1) for grant awards made under sections 116J.395 to 116J.3952, including costs incurred by the Department of Employment and Economic Development to administer that section;
(2) to supplement revenues raised by bonds sold by local units of government for broadband infrastructure development; or
(3) to contract for the collection of broadband deployment data from providers and the creation of maps showing the availability of broadband service.
Money in the account is appropriated to the commissioner for the purposes of subdivision 2.
The commissioner may transfer up to $5,000,000 of a fiscal year appropriation between the border-to-border broadband program, low density population broadband program, and the broadband line extension program to meet demand. The commissioner must inform the chairs and ranking minority members of the legislative committees with jurisdiction over broadband finance in writing when this transfer authority is used. The written notice must include how much money was transferred and why the transfer was made. The written notice must also be filed with the Legislative Reference Library in compliance with Minnesota Statutes, section 3.195.
116J.398 BROADBAND PREVAILING WAGE EXEMPTION.
Notwithstanding any other law to the contrary, section 116J.871 does not apply to a project receiving a grant under section 116J.395 for the construction, installation, remodeling, and repair of last-mile infrastructure, as defined under section 116J.394, paragraph (e).
116J.4011 LABOR MARKET INFORMATION DATA PRODUCTION REQUIREMENT.
(a) As part of the commissioner's obligation under section 116J.401, the commissioner must, in collaboration with the Office of Higher Education and local workforce councils, produce and publish labor market analysis describing the alignment between employer requirements and workforce qualifications.
(b) The analysis must include a description of job trends that supports career choice and job seeking including:
(1) measures of current job growth, projected future job growth, and current job vacancies;
(2) a breakdown of these measures, whenever feasible, by industry, occupation, statewide and substate region, by educational requirement, state employee retirement trends, and by racial trends;
(3) a description of industry- or occupation-based credentials and minimum educational standards necessary for successful employment in each area; and
(4) a designation of areas of opportunity based on high growth, high vacancy, and high pay conditions.
(c) The analysis must include a description of workforce supply and quality, including:
(1) a description of the current educational attainment of the workforce and its distribution across industries, occupations, and regions;
(2) the number and distribution of recent graduates of and current enrollees in postsecondary institutions by academic concentration or major and by credential type; and
(3) the completion rate, employment outcome, and average debt for recent postsecondary graduates by program of study, institution type, and credential.
(d) The analysis must be reviewed on a regular basis by representatives from the business and postsecondary sectors, and any feedback should be incorporated into data collection and presentation where feasible. This feedback may also include surveys of employers on their skill, credential, and other workforce requirements when necessary.
(e) Analysis, data, and reports required by this section must be easily accessible, easily readable, and prominently presented on the Department of Employment and Economic Development website and websites of workforce centers. Information on job vacancies and areas of potential employment opportunities should link to educational or credential requirements, appropriate training or educational offerings, prevailing wages, and other indicators of market conditions deemed important to career choosers and job seekers.
116J.403 RULES.
No money made available to the commissioner for the Small Cities Community Development Block Grant Program shall be spent for community development and related planning programs until the commissioner adopts rules prescribing standards and procedures to govern the expenditure. The rules must be adopted under the Administrative Procedure Act in chapter 14 and must conform with all terms and conditions imposed on the commissioner when the money is made available.
116J.407 DAIRY MODERNIZATION.
The commissioner shall make funds available to eligible regional or statewide development organizations defined under section 116J.8731 to be used for the purposes of this section.
Money may be used for loans for the acquisition, construction, or improvement of buildings or facilities, or the acquisition of equipment, for dairy animal housing, confinement, animal feeding, milk production, and waste management, including the following, if related to dairy animals:
(1) free-stall barns;
(2) fences;
(3) watering facilities;
(4) feed storage and handling equipment;
(5) milking parlors;
(6) robotic equipment;
(7) scales;
(8) milk storage and cooling facilities;
(9) bulk tanks;
(10) manure pumping and storage facilities;
(11) digesters;
(12) equipment used to produce energy;
(13) capital investment in pasture; and
(14) on-farm processing facilities.
The commissioner of agriculture and the commissioner of employment and economic development shall establish a process by which an eligible dairy producer may make application for assistance under this section to the county in which the producer is located. The application must require the producer and county to provide information regarding the producer's existing business, the intended use of the requested funds, and other information the commissioners find necessary to evaluate the feasibility, likely success, and economic return of the project, and to ensure that money can be provided consistent with other state and federal laws.
116J.411 DEFINITIONS.
For the purposes of sections 116J.411 to 116J.415, the following terms have the meaning given them.
"Commissioner" means the commissioner of employment and economic development.
"Job enhancement" means:
(1) an increase in wages, and an increase in the responsibility or skill level of job duties; or
(2) the provision of additional training or education for employees in existing jobs.
[Repealed, 2003 c 128 art 13 s 40]
"Low income" means equal to or below the nonmetropolitan median household income.
"Principally" means more than half.
"Regional organization" or "organization" means an organization selected under section 116J.415, subdivision 3.
"Rural" means the area of Minnesota located outside of the metropolitan area as defined in section 473.121, subdivision 2.
116J.412 ACCOUNT ALLOCATION.
The commissioner shall allocate $6,000,000 from the rural rehabilitation account to be used for the challenge grant program.
116J.4221 RURAL POLICY AND DEVELOPMENT CENTER FUND.
(a) A rural policy and development center fund is established as an account in the special revenue fund in the state treasury. The commissioner of management and budget shall credit to the account the amounts authorized under this section and appropriations and transfers to the account. The State Board of Investment shall ensure that account money is invested under section 11A.24. All money earned by the account must be credited to the account. The principal of the account and any unexpended earnings must be invested and reinvested by the State Board of Investment.
(b) Gifts and donations, including land or interests in land, may be made to the account. Noncash gifts and donations must be disposed of for cash as soon as the board prudently can maximize the value of the gift or donation. Gifts and donations of marketable securities may be held or be disposed of for cash at the option of the board. The cash receipts of gifts and donations of cash or capital assets and marketable securities disposed of for cash must be credited immediately to the principal of the account. The value of marketable securities at the time the gift or donation is made must be credited to the principal of the account and any earnings from the marketable securities are earnings of the account. The earnings in the account are annually appropriated to the board of the Center for Rural Policy and Development to carry out the duties of the center.
116J.418 OFFICE OF CHILD CARE COMMUNITY PARTNERSHIPS.
(a) For the purposes of this section, the terms in this subdivision have the meanings given them.
(b) "Child care" means the care of children while parents or guardians are at work or absent for another reason.
(c) "Local unit of government" has the meaning given in section 116G.03, subdivision 3.
(d) "Office" means the Office of Child Care Community Partnerships established in subdivision 2, paragraph (a).
(a) An Office of Child Care Community Partnerships is established within the Department of Employment and Economic Development. The department may employ a director and staff necessary to carry out the office's duties under subdivision 4.
(b) The purpose of the office is to support child care businesses within the state in order to:
(1) increase the quantity of quality child care available; and
(2) improve accessibility to child care for underserved communities and populations.
The office shall consist of a director of the Office of Child Care Community Partnerships, as well as any staff necessary to carry out the office's duties under subdivision 4.
The office shall have the power and duty to:
(1) coordinate with state, regional, local, and private entities to promote investment in increasing the quantity of quality child care in Minnesota;
(2) coordinate with other agencies including but not limited to Minnesota Management and Budget, the Department of Human Services, and the Department of Education to develop, recommend, and implement solutions to increase the quantity of quality child care openings;
(3) administer the child care economic development grant program and other appropriations to the department for this purpose;
(4) monitor the child care business development efforts of other states and countries;
(5) provide support to the governor's Children's Cabinet;
(6) provide an annual report, as required by subdivision 5; and
(7) perform any other activities consistent with the office's purpose.
(a) Beginning January 15, 2024, and each year thereafter, the Office of Child Care Community Partnerships shall report to the legislative committees with jurisdiction over child care policy and finance on the office's activities during the previous year.
(b) The report shall contain, at a minimum:
(1) an analysis of the current access to child care within the state;
(2) an analysis of the current shortage of child care workers within the state;
(3) a summary of the office's activities;
(4) any proposed legislative and policy initiatives; and
(5) any other information requested by the legislative committees with jurisdiction over child care, or that the office deems necessary.
(c) The report may be submitted electronically and is subject to section 3.195, subdivision 1.
116J.423 MINNESOTA 21ST CENTURY FUND.
The Minnesota 21st century fund is created as a separate account in the treasury. Money in the account is appropriated to the commissioner of employment and economic development for the purposes of this section. All money earned by the account, loan repayments of principal and interest, and earnings on investments must be credited to the account. For the purpose of this section, "fund" means the Minnesota 21st century fund. The commissioner shall operate the account as a revolving account.
The commissioner shall use money in the fund to make loans, including forgivable loans, equity investments, or grants for infrastructure in mineral, steel, or any other industry processing, production, manufacturing, or technology project that would enhance the economic diversification and that is located within the taconite assistance area as defined under section 273.1341. The commissioner must, prior to making any loans or equity investments and after consultation with industry and public officials, develop a strategy for making loans, equity investments, or grants for infrastructure that assists the taconite assistance area in retaining and enhancing its economic competitiveness. Money in the fund may also be used to pay for the costs of carrying out the commissioner's due diligence duties under this section.
Notwithstanding subdivision 2, the commissioner may use money in the fund to make grants to a municipality or county, or to a county regional rail authority as appropriate, for public infrastructure needed to support an eligible project under this section. Grant money may be used by the municipality, county, or regional rail authority to acquire right-of-way and mitigate loss of wetlands and runoff of stormwater; to predesign, design, construct, and equip roads and rail lines; and, in cooperation with municipal utilities, to predesign, design, construct, and equip natural gas pipelines, electric infrastructure, water supply systems, and wastewater collection and treatment systems. Grants made under this subdivision are available until expended.
The commissioner, prior to making a commitment for a loan or equity investment must, at a minimum, conduct due diligence research regarding the proposed loan or equity investment, including contracting with professionals as needed to assist in the due diligence.
The commissioner may make conditional commitments for loans or equity investments but disbursements of funds pursuant to a commitment may not be made until commitments for the remainder of a project's funding are made that are satisfactory to the commissioner and disbursements made from the other commitments sufficient to protect the interests of the state in its loan or investment.
The commissioner may provide loans or equity investments that match, in a proportion determined by the commissioner, an investment made by the owner of a facility.