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HomeMy WebLinkAboutweekly notes - April 12th 2019 OM qr-. CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: April 12*,2019 TO: City Council Members&Staff FROM: Eric Johnson,City Administrator Zonino and Development Items: 1. Central Automotive has submitted a Development p Application for the construction of a new garage/service station to be located just south of the Holiday.Staff will - be reviewing the submission and we expect this to be on the May Planning 7,n.�I - Commission Agenda. Please note that this site has 2.2 Acres (CIRCLED IN REDIYELLOW STRIPES)of outstanding connection fees, Park Dedication Fees i. . ;; �•, and likely Tree Replacement fees.As an indirect courtesy to the County,the City Council only collected for approximately%Acre of these fees when the land was previously divided for the County highway relocation/Holiday construction with the requirement that the balance is due when the rest of the site is developed— I �, See the attached communication with McCullough and Washington County.Recall "­TN p the County and Holiday swapped lands after the Holiday bought lands from McCullough. These amounts due are likely significant and in total will be $100,000.00+/- 1 2. A Prairie Bum Permit is pending issuance with the S.A.H.S.—see enclosed. Mayor McComber provided: 1. NLC Weekly for April 6th,2019 2. MAOSC Legislative Update for April 8th,2019 3. NLC Federal Advocacy Update for April 9th,2019 4. MN HOUSE-Session Daily News for April 9th,2019 Please let me know if you have any questions-651-253-7837 Call Anytime. From Mayor McComber, some updates on two bills: Committee on Finance- Omn Otis SF '1392 Osmek Energy and Utility The Renev,,able Development Accaurt is seed it :he sareacshee:s- not the amount hoped for Committee on Transportation Finance and Polic_d- SF 10193 ;;9.4: ha_ :tirdllna f,,r the Small Cities Assistance Account from the General Fund through 2--23- no nes:=urding and a much smaller appropriation. The links above as referenced are not operational from the State; I have excerpted these and enclosed- ®®®S®®®®®®®®®®® S®®®37 for SF 1®9® S®®® 9 for SF 1093 1 of 42 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 May 11"',2016 McCullough and Sons, Inc. C/O Ms. Becky Haydon I Project Manager I Transportation Division-Washington County PO Box 6 Stillwater MN 55082 ***SENT VIA EMAIL ONLY RE: . Connection Fees/Development Costs Dear Mr.McCullough: Enclosed you will find an invoice in the amount of$72,699.81 for the related City Connection fees, Park Dedication and Tree Replacement fees associated with the subdivision of your property and the related Holiday development. Please note: 1. A portion of these total fees stem from Holiday Stationstores, Inc.as well as the County right of way. It is my understanding that those parties have allocated these costs between them.The figure enclosed is a total amount. 2. Approximately 108,426 square feet of land is being deferred from such costs at this time and would be due and payable if and when the balance of the property is developed. The City cannot process the land subdivisions from your property until all of these fees are paid. Kind Regards, Eric Johnson, City Administrator CC: Weekly notes 2 of 42 INVOICE NO 1171 CIT1F 4F Date 05/11/2016 OAK PARD HEIGHTS 14168 OAK PARK BLVD PO BOX 2007 OAK PARK HEIGHTS MN 55082-2007 651-439.4439;fax 651439-0574 Bill To: MCCULLOUGH&SONS INC Customer No, 253 DAVE MCCULLOUGH 20335 FOREST BLVD FOREST LAKE MN 55025-9764 INVOICE --- Description Amount NON-DEFERRED CONNECTION FEES&PARK DEDICATION PARK DEDICATION-$.75 PER SQ FT X 22,377 SQ FT 16,782.75 WATER CONNECT$12,961.00 PER ACRE X.514 ACRE 8,681.95 SEWER CONNECT$2,494.00 PER ACRE X.614 ACRE 1,281.92 STORMWATER CHARGE$2,210.00 PER ACRE X.514 ACRE 1,135.94 UTILITY CONNECTION COST STORM-COUNTY ONLY .00 MAINTENANCE AGREEMENT-COUNTY ONLY .00 TREE REPLACEMENTS 46,837.25 Amount $ 72,699.81 Payment due W. 0611012016 3 of 42 Y. City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082 is Phone(651)439-4439•Fax(651)439-0574 April 11'ti,2019 TO: Stillwater Area High School(Owner) C/O: Mr.Andy Weaver Weavera gillwater.kl2.mn us RE:Prescribed Prairie Bum—Spring 2019(permit document)(Stillwater Area High School) Dear Mr.Weaver: I am in receipt of the request to perform a prescribe bum in certain areas of the High school campus.All must utilize best judgment to ensure utmost safety and care,while affording you and your client the opportunity to complete the task. You wish to Perform the barn sometime between Amt 19'h and May 31"2019—Depending on Proper Weather Conditions and Permission from the DNR You must additionally comply with the following limitations: 1. Take all necessary precaution to ensure that the project is performed with utmost safety and care.Best Management practices and other applicable industry. standards shell be followed, 2. Segue all DNR and/or MPCA permits or any other permits required by law. 3. You and/or the owner will be responsible to reimburse the City for ousts incurred related to any actual emergency activities(fire suppression,rescue,dc)stemming from this project. 4. You MUST notify the City Fire Chief;Allen Risinger 651439-1737 not less than 48 boos prior to any actual burn activities and inform him of your anticipated actions The Fire Chief may revoke or suspend this permit at any time as he deems reasonable. 5. Provide proof of liability insurance covering activities as proposed in an amount not lass then$1.000,000. 6. Please will notify adjacent residences,in advange about the bum and advise them of what measures should betaken to homers and what to expect in general about the project Dude smoke and odor from entering their 7. The owner is responsible to roimberse the City for any and all collateral damages that may occur to City property due to the activities,including all administrative and legal fees necessary to collect such dollars. 8 A&MG11 a Meni'en Ma diaklin areal to be bxrat A By signing below,you agree to the items as stated(1-7)and hold the City harmless from any and all liability resulting from these activities.Once I have from you this signed copy,in original format,proof of liability insurance and a copy DNR Permit I may then issue the final permit and which will be this document fully signed below by the City and its related attachments—DNR Permit Submission Plan and Site Maps. Authorized Signature for Stillwater Area School District(Owner) Notary Public,Name and Seal 4 .._...._.._................ eermlt Approved when signed by: Eric Johnson,City Administrator (NOT VALID UNTIL SIGNED) For City-Notary Public,Name and Seal Cc: Allan Eisinger,Fire Chief Weekly notes 4 of 42 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday,April 6,2019 6:49 AM To: Eric Johnson Subject: Fwd:America's Fastest Growing Cities Are Becoming More Diverse, But Face Rising Inequity For weekly notes -----Original Message--- From: National League of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat,Apr 6, 2019 6:01 am Subject: America's Fastest Growing Cities Are Becoming More Diverse, But Face Rising Inequity View in browser u I ,e A America's Fastest Growing Cities Are Becoming More Diverse, But Face Rising Inequity 1 5 of 42 Some of the main barriers to economic access in America's cities include language barriers, affordable child care and healthcare and access to public transportation. As America's communities continue to grow, these problems need to be addressed. LIWYour Constituents Will Have Questions About the 2020 Census. Here's How to Answer Residents frequently turn to local leaders with questions and concerns related to the census. Here's how to answer the questions that come up. Youth Leaders Reflect on the 2019 Congressional tCity Conference "We were proud and excited to be among the 181 strong youth leaders from 35 cities across the country who came together at the 2019 Congressional City Conference." Will the Supreme Court's New Members Change Its Stance on Gerrymandering? Now that the Court has five conservative members, many have speculated that this is the end of litigation over partisan gerrymandering. News What's new for the 2020 Census? Washington Post—April 2, 2019 Let New York be the beginning of a congestion pricing revolution Fast Company—April 01, 2019 Transforming Transportation Axion- March 29, 2019 Announcements 2 6 of 42 Webinar: Leading For Inclusion & Action – Facebook For The Local Elected Official Have you been working to improve inclusion and engagement in your community? NLC University is partnering with Facebook to find visionary city leaders like you to join a special advisory cohort. Cohort participants will help Facebook create new online tools, receive training on best digital practices from their experts and have the opportunity to apply for a site visit. Please register by April 1S to join. The first webinar will be on April 24. Economic Development Poll Amazon's search for a second headquarter city drew a lot of attention to local economic development practices. Now it's your turn to tell us how your city grows its economy. Take NLC's Economic Development Poll! Call for Proposals I City Summit 2019 Have you discovered innovative ways to solve or mitigate challenges for your community? Showcase your area of expertise at City Summit 2019 in San Antonio, Texas November 20-23. This is an opportunity to share best practice examples with more than 4,000 city leaders nationwide. Proposals will be used to structure the educational content for workshops and panel presentations. The deadline is Friday, April 19 — apply here. Learn more about City Summit here. Events November 20 - 23 NLC 2019 City Summit (San Antonio, Texas) Job Postings Senior Accountant -- City of Missoula, Montana Village Manager -- Village of Tequesta, Florida Director, Communications and Marketing, Vermont League of Cities and Towns -- City of Montpelier, Vermont NL,C4r=-W 3 7 of 42 MAOSC legislative Update-April 8,2019 MAOSC Board to meet Friday The MAOSC Board of Directors will be meeting at the Oak Park Heights City Hall,14168 Oak Park Blvd. N,Oak Park Heights,MN 55082,at Friday,April 12,9:45 am.Please note time change to 9.45 am-with the Contract Services interviews to start promptly at 10 am.The major item on the agenda will be consideration of the Request for Proposal interview and review process for Contract Services.The meeting will continue into the afternoon after a lunch break.As always,representatives of MAOSC member cities are welcome and encouraged to attend this important meeting. Please contact Interim Director John Douville at ; if you are planning to attend. While the Board of Directors will be keeping busy friday,so will legislators.The deadline for the money bills to pass out of committee is the same day-April 12.Spring break April 13-22 will empty the legislative chambers and committee rooms,followed by lengthy daily floor sessions as May 20 looms for the constitutional deadline to adjourn the 2019 session. Due to the 10-day legislative Spring Break,the next combined monthly Newsletter and Legislative Update will appear on April 22. It will be very helpful if you can find the time to reach out to your local senator and House member during the break to voice your priorities and concerns on behalf of your community and all small cities. New Gold Sponsor. Bollig Engineering MAOSC is pleased to welcome Bollig Engineering as a new Gold Sponsor.The firm has a corporate office located on the MinnWest Technology campus in Willmar and a Sartell branch office. Bollig Inc was founded in 2007 by owner and president, Brian Bollig.Brian had previously worked as a Registered Professional Engineering specializing in water resource and special projects.Bollig's passion for strategic long-range planning,go-to attitude, funding acquisition and his desire to help small communities succeed led to his inspiration to create a professional service firm. Focused on providing engineering,surveying,architectural,and funding advocacy,Bollig creates funding partners and long-lasting partnerships for its clients. Bollig Inc takes pride in serving and supporting communities they do business in. Working with cities in the areas of Streets/Roads, Drinking Water,Wastewater,Storm Water systems,Airports,Railroads,and Schools,Bollig Engineering provides a full array of services including initial planning,funding acquisition,permitting, engineering, and construction implementation."We bring solutions to our clients,listen to their needs,and are responsive to their desires,"Brian Bollig said."We believe it is our job to prove that we should be their engineer." For more information,please visit: www.bollia-enitineerinit.com State of the State—Avoid Gridlock Although Governor Tim Walz was notably short on policy and tax plan specifics in last week's State of the State address,few could challenge the vigorous commitment to avoid the usual script of political gridlock.The state remains divided,of course,with Republicans in control of the Senate while DFLers hold the governor's office and House of Representatives. Beyond much doubt,Walz struck a more optimistic and unifying theme in his inaugural State of the State compared to others offered in recent years. "We are at a crossroads,"Walz said."We can chose to follow the same story that was written ahead of time. ...Or we can do what Minnesota has always done—rise up and create a better way of life." The governor's offers to negotiate over legitimate tax and policy differences with mutual trust to reach a sound compromise was generally well received by Senate Republicans,including Majority Leader Paul Gazelka of Baxter.Some specifics drew sharp responses,though.Walz pointed to the schools funding quandary in Floodwood where possible defeat of a referendum this week reportedly could force consolidation of grades and the layoff of one-quarter of the staff.One Republican response argued that approval of the new Enbridge Line 3 pipeline that crosses through the Floodwood area could possibly provide enough property tax revenue to avoid the crisis. httos://www.twincities.com/2019/04/k)3/Rov-tim-walz-first-state-of-the-state-we can overcome our differences 8 of 42 Enbridge Line 3 pipeline Earlier this year,Gov.Walz announced that his administration would continue the Enbridge Line 3 legal battle challenging construction of the northern Minnesota oil pipeline,siding with environmentalists and several Native American tribes. Legislation designed to halt the Commerce Department's effort seeking reconsideration of the Public Utilities Commission's Certificate of Need to allow crude oil pipeline replacement to proceed.Supporters of HF 2815(Fabian R-Roseau)moved to bring the recently introduced legislation immediately to the House floor was defeated last Thursday. Rep. Dan Fabian pointed out how communities like Clearbrook in his legislative district benefits from the added tax base and other community benefits that comes with presence of the existing Enbridge pipeline.Another supporter of replacing the pipeline pointed to the school referendum situation in Floodwood,as well.Opponents of pipeline replacement noted that Enbridge has been successful in appealing assessed valuations,shifting property tax burdens to the local residents and triggering budget shortfalls for cities,schools and counties. The environmental debate over the Line 3 pipeline is sure to continue in future House and Senate floor sessions. Downward adjustments in taxable value assessment for pipelines,power plants and other major public utilities across the state will also trigger considerable debate in the weeks to come.The technical aspects of the assessment topic tends to draw some yawns, but the fiscal impacts for the locally affected communities—including many small cities—can be substantial and potentially devastating. Stable funding for Streets For the first time in legislative history,Small Cities has base funding in the House Omnibus Transportation Bill passed out of committee last week.Previously,only one-time funding had been allocated.With the source from the Motor Vehicle Lease Sales Tax (MVLST)which is a Special Revenue fund,the Small Cities Streets Account will be included in the base budget"tails"that are projected to grow steadily.Streets Account funding would increase by more than 28 percent to$10.26 million in FY20,compared to $8 million in FY19.The allocation is projected to continue growing by nearly 7.5%in FY 21 to$11.025 million,followed by an estimated$11.7 million in FY22,and$12.3 million in FY23.The MVLST is not a constitutionally dedicated tax source(the Motor Vehicle Sales Tax-MVST is dedicated),but the key win for Small Cities is designation of a funding source that puts in base funding-a relatively stable situation-though still somewhat vulnerable to shifting dollars as a result of possible economic downturn. The Senate Transportation Committee was given$0 in new revenue as its target.So,the Small Cities Account(which in current law has no base funding)will likely join others as receiving no new funding in the Senate Omnibus Transportation bill to be considered this week. Without an agreement,there's a strong possibility that Small Cities Streets will not be funded if no agreement can be reached between the Legislature and the Governor in final negotiations next month.The Senate Transportation Committee spent a full hearing last week on a staged vote based narrowly on the tax aspects of the Governor's proposal. MAOSC testified in favor of the Small Cities Streets funding in the House bill,praising the bipartisan approach that included strong support for these provisions from committee chair and bill author Frank Hornstein(DFL-Minneapolis)and Republican lead in the committee Paul Torkelson of Hanska.A stable source of funding,as proposed,is essential"so these communities can plan to repair and rebuild their street systems,"MAOSC testified."We want to thank you for working together,setting aside some differences, reaching out to hear community leaders from places like St.Martin,Franklin,Montgomery and Courtland.They see the effort. Those leaders are rooting for your continued exhaustive work,negotiating in good faith,so you can reach the proper balance- weighing burden and essential needs." The main provisions in the House bill include four 5-cent gas tax increases with future indexing,a half-cent general sales tax hike in the seven county Twin Cities area primarily benefitting transit and Metro Mobility,and an overall increase in the vehicle registration (tab)fees.However,those tab fees actually will go down for the majority of vehicles on the road—those more than 10 years old will pay a lower base fee.Greater Minnesota transit operations also would receive added funding in the plan.A local provision in the bill relieves Floodwood from the obligation to operate and maintain a former train depot that serves as a safety information center. Loosely in line with earlier MAOSC committee testimony urging negotiation in good faith to find a solution,Gov.Walz has signaled willingness to compromise on the size of the tax increase he has proposed in media interviews after the State of the State address. The FY19 distribution of$8 million to Small Cities is posted below.By adding 28%to your city's distribution,you can calculate a rough estimate of the projected FY2020 amount contained in the current plan,subject to more precise recalculation later: httos://files.consta ntcontact.com/3a b79aOb101/88d6O3da-70a6-4749-92df-58e58clb82df.adf 9 of 42 House LGA,tax provisions As reported earlier,the$30.6 million annual increase in Local Government Aid(LGA)proposed by Gov.Walz is included in the House Property Tax Division report1 ',�t( Loeffler DFL-Minneapolis)-passed out last week to the full House Taxes Committee.The LGA hike currently does not include substantial changes in the formula calculations,but proposals to broaden LGA eligibility taken from existing benefitting cities and other possible formula changes could be approved by the full committee.A total of 95 cities arras«the state,or 12 percent,do not receive LGA—including several MAOSC members located in the Twin Cities area and in greater Minnesota.However,broadening eligibility would trigger reductions to be absorbed among the other 88 percent. Another major component of Division report would expand the current 40 percent Agricultural School Building Bond credit to 70 percent of levy,costing$30 million in FY 2020-21 and more than$81 million in the following biennium.The tax relief would also impact cities located in school districts with major agricultural or timber land components by providing targeted property tax relief to beneficiaries who are likely to spend a portion of those dollars locally.This provision was unchanged last week by the division. Several regional and local provisions that benefit specific member cities remain in the bill.Cities with border city enterprise zones receive an additional$1 million annually for tax reductions,allocated on a per capita basis.A grant and tax abatement related to the 2018 fire in Mazeppa also is included in the proposal. Authority for local sales tax increases are provided to Avon,Perham and Scanlon,among other communities.The restrictions and allowed time-spans proposed for these local sales tax authorizations was viewed as extremely limiting as originally considered in the House Property Tax Division report,but most of the flexibility allowed in the earlier individual local bills now has been restored. HF 2348 House Research summary updated 4/4/19: httos://www.house.leg.state mn us/hrd/bs/91/HF2348 odf Increase in LGA city run,as proposed: httns://www.house.les.state mn us/hrd/issinfo/Isa2Oh2348DE1 odf Broadband focus on funding House Democrats and Senate Republicans recently released funding targets. House DFLers are proposing to spend$70 million for the Border to Border Broadband Grant program for FY2020-21,and the Senate Republicans are proposing to spend$30 million in one-time funding.Gov.Walz kept his$70 million proposal for Broadband grants intact last month when he revised his budget plan. As in the past,expanding high-speed Broadband to remote areas including small cities is a major priority issue for MAOSC. The Minnesota Rural Broadband Coalition held its annual Capitol Day on April 3. MAOSC had a presence at the event for part of the day,networking with city and regional development officials.The Broadband Coalition decided to focus only on funding,and does not have policy changes in its legislative agenda this year. However,many small cities have expressed concerns about the existing grant process and service delivery activities devoting too much focus on serving townships and other outlying areas to the detriment of our communities. Various state officials and legislators spoke at the event,and faced questions from audience members.Among those who brought forward the concerns of small cities were Clarkfield mayor Zach Hendrickson and city administrator Amanda Luepke. Senate Opioids bill passes The Senate has approved HF400(Rosen R-Vernon Center)increasing fees on makers of addictive prescription drugs to raise$20 million to combat the opioid epidemic.The bipartisan 59-6 vote to moves the state closer to what supporters view as landmark legislation to hold pharmaceutical companies accountable for their role in a public health crisis.The House gave approval to a somewhat differing version last month,setting up final negotiations to take place in conference committee. Senate Republicans have touted other health care reform actions taken already this year,including the extension of Premium Reinsurance in SF 761(Dahms R-Redwood Falls)passed 37-28 with bipartisan support but not accepted by the House,and Hospital Billing Transparency requirements in _ ' (Draheim R-Madison Lake).House DFLers have responded that more substantial health care reform,and transparency measures should be enacted as end-of-session negotiations take place in the final weeks of session. http://www.startribune com/minnesota-senate-oks-higher drug comnanv fees to combat opioid crisis/507959972 -END- 10 of 42 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Tuesday,April 9,2019 3:54 PM To: Eric Johnson Subject: Fwd: Federal Advocacy Update:Week of April 9,2019 For weekly notes -----Original Message----- From: National League of Cities<advocacy@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Tue,Apr 9, 2019 3:45 pm Subject: Federal Advocacy Update: Week of April 9, 2019 If this message is not displaying properly,please view the online version. LEAGUE NLC OF CITIES Federal Advocacy Update In This Issue - The SAFE Act Passes Out of Committee - One Year Out, NLC Prepares for the Census - Join the Conversation as Federal Transportation Negotiations Heat Up - NLC, Partners Tell Federal Leaders to Empower Community Broadband NLC Submits Comments on SNAP Proposed Changes EPA Announces Water Infrastructure Funding Opportunity USDA to Begin Accepting Broadband Funding Pilot Applications CFBP to Host Local Government PACE Stakeholder Call The SAFE Act Passes Out of Committee Brian Egan, 202.626.3907 On March 28, the House Financial Services Committee passed the Secure And Fair Enforcement(SAFE) Banking Act of 2019, which would carve out a safe harbor for financial institutions who provide services to cannabis related i 11 of 42 businesses acting in compliance with state and local laws. Last year, the cannabis industry ballooned to more than $10.8 billion in legal sales nationwide, and 68 percent of the American public now live in a state that has broadly legalized some form of cannabis. Despite this widespread proliferation of legal cannabis, banks continue to refrain from providing even basic financial services to cannabis related businesses for fear of legal exposure under anti-money laundering laws. As a result, an increasing number of local governments continue to face a rapidly- growing unbanked industry within their community. The lack of access to credit and basic financial services negatively impacts municipalities by increasing the public safety and tax collection concerns associated with "cash-only" business models. As more than 13 state banking regulators stated last year, "barriers for financial institutions to serve marijuana and ancillary businesses creates a commercial condition lacking robust regulation and supervision and a diminished ability to identify operators acting to circumvent federal and state licensing and regulatory frameworks." While some financial institutions have chosen to provide services to cannabis related businesses, they do so at their own risk, and they do not resolve the challenges and threats posed to our communities and financial institutions under current law. The SAFE Banking Act would better allow banks to provide services to cannabis-related businesses by ensuring revenue derived from cannabis is permitted under federal banking law. Although the bill does not satisfy all NLC's cannabis related concerns, it addresses the most significant one: the industry's lack of access to safe, federally-regulated financial services. One Year Out, NLC Prepares for the Census Zachary Gossett, 202.495.2520 and Brian Egan, 202.626.3107 On April 1, 2019, exactly one year before the 2020 Census, NLC joined with the Brookings Institution to discuss how cities, towns and villages can prepare today to ensure that their communities are accurately counted next year. The first panel covered the broader importance of the census to our country. Panelists also discussed some of the changes and challenges that will make this census unique, including the first online response opportunity and the uncertainty surrounding the- citizenship question. i 12 of 42 Our CEO and Executive Director Clarence Anthony moderated the second panel, which discussed the partnerships that local officials can make with businesses, non-profits and philanthropy groups to promote census awareness and participation, while elaborating on the challenges that local communities specifically face. NLC K*w L. NLC 4,k WC BH00K1N(,,s Owl Lid NI ,.MKJ NGS MkCV The census is vital to municipalities' ability to serve their constituents. It provides the foundation for public health and safety programs, funding allocation, school resources, political representation, socio-economic research, infrastructure planning and more. Therefore, municipalities should take steps to prepare themselves to be counted. NLC has resources for municipal leaders to address challenges in order to ensure that their community is properly counted. NLC also continued its opposition to the addition of an untested citizenship question by joining an amicus brief in support of the state and local defendants in the Commence Department v. New York case. The brief echoes bipartisan sentiments that such an addition jeopardizes the fairness and accuracy of the census. The risk of an undercount in some or many of our communities poses a real threat to the ability of local governments to carry out their most basic 3 13 of 42 functions. The Supreme Court plans to make a final ruling on the matter this term. NLC will continue to oppose its addition and will work to prepare municipalities on messaging in the event of a loss. Join the Conversation as Federal Transportation Negotiations Heat Up Brittney Kohler. 202.626.3164 Every few years, Congress reevaluates what transportation infrastructure is functioning properly and what systems need to be updated, and they can edit the federal transportation bill accordingly. Both the Senate and House have announced their intention to begin negotiations to reauthorize the Fixing America's Surface Transportation Act (FAST Act). The FAST Act will expire at the end of September 2020, and it must be renewed by Congress before then. Additionally, the funds that support FAST Act programs are dwindling, and the Highway Trust Fund will run out of funding shortly after, in 2021, which leaves little time for an extension. Congress's early and proactive approach is a good sign that they intend to fund federal programs that matter most to our communities—the Surface Transportation Block Grants, TIGER/BUILD grants, Transportation Alternatives, Transit New Starts grants and more. NLC wants to hear from local leaders about what federal funds communities are using and the important projects that cities, villages and towns need federal funding to complete. Join the conversation by filling out NLC's transportation feedback form here. By filling out the form, NLC can bring Congress a clearer sense of how to prioritize rebuilding with cities, towns and villages in the next version of the FAST Act, including a focus on investments that will benefit all communities and their residents. NLC, Partners Tell Federal Leaders to Empower Community Broadband Angelina Panettieri, 202.626.3196 4 14 of 42 During an event on March 27 in Washington, DC, local leaders urged federal and state officials to support community efforts to invest in publicly-owned broadband infrastructure. Participants gathered at NLC's headquarters for a screening of Do Not Pass Go and a discussion among local leaders about the benefits of and obstacles to municipal broadband, held by NLC, Next Century Cities, the Institute for Local Self-Reliance and the National Association of Regional Councils. Do Not Pass Go is a short documentary about Pinetops, North Carolina, which obtained cutting-edge broadband service when the municipal broadband utility in the neighboring city extended service into their town—an action later preempted by the state legislature. Suzanne Coker Craig, a former city commissioner in Pinetops, described lobbying against the state preemption during Hurricane Matthew, with the backing of her residents. "We had hundreds of signatures, and in Pinetops, `hundreds' is a lot," said Coker Craig. Ultimately, the legislature voted for preemption, and after a federal court battle, the municipal utility was forced to disconnect Pinetops from its network. Previous Congresses have considered the Community Broadband Act, which would bar prohibitions on public or public-private broadband service. The bill has not yet been introduced in the 116th Congress. For more information about Do Not Pass Go, or to learn about hosting a screening locally, download this screening guide. NLC Submits Comments on SNAP Proposed Changes Stephanie Martinez-Ruckman, 202.626.3098 On April 2, the National League of Cities submitted comments to the U.S. Department of Agriculture, Food and Nutrition Service asking them to withdraw their proposed rulemaking to modify waiver standards in the Supplemental Nutrition Assistance Program (SNAP) as it pertains to requirements for able- bodied adults without dependents. As written, the proposed rule would make it harder for states to receive waivers from existing SNAP work requirements. Under the current program, recipients who are classified as able-bodied adults without dependents are limited to three 5 15 of 42 months of benefits every three years unless they work an average of 20 hours per week or more. Many states have been granted waivers that exempt them from this requirement based on areas with high unemployment rates. As proposed, the current rule would negatively impact residents in cities, towns and villages across the country who have residents that depend on SNAP benefits for financial stability. While there remains concern about maintaining jobs and hours during challenging economic times, even during strong economic times, documenting work can be a roadblock to receiving benefits. While this process may appear straightforward, countless individuals who receive SNAP benefits do so with temporary employment status and/or encounter barriers that prevent them from maintaining work; these barriers include low educational attainment, criminal justice histories and caregiving challenges. There are also significant challenges in meeting the work requirements through volunteerism because documentation of what counts, who verifies it at the state level and how they verify it are all unclear. Should this proposed rule move forward, these restrictions would impede an individual's ability to reach their full economic potential, place strain on local food pantries and cause long-lasting harm to local economies, including impacts on local grocery stores. NLC opposed previous attempts to include similar language in the Farm Bill reauthorization last year and will continue to follow this important issue. EPA Announces Water Infrastructure Funding Opportunity Carolyn Berndt, 202.626.3101 The U.S. Environmental Protection Agency (EPA) announced a new round of funding for water infrastructure projects under the Water Infrastructure Finance and Innovation Act (WIFIA). The availability of$6 billion in credit could finance over $12 billion in water infrastructure projects. Prospective borrowers seeking WIFIA credit assistance must submit a letter of interest by July 5. WIFIA provides low-interest loans and loan guarantees for large water infrastructure projects of national or regional significance (projects of at least $20 million or$5 million for communities serving less than 25,000 people). 6 16 of 42 WIFIA credit assistance can be used for a wide range of projects, including: • Drinking water treatment and distribution projects; • Wastewater conveyance and treatment projects; • Enhanced energy efficiency projects at drinking water and wastewater facilities; • Desalination, aquifer recharge, alternative water supply, and water recycling project; and • Drought prevention, reduction, or mitigation projects. This year's Notice of Funding Availability highlights the agency's priority to finance projects that are ready for construction in three key areas: reducing exposure to lead and addressing emerging contaminants in drinking water systems, updating aging infrastructure and implementing water reuse and recycling. Learn more about how to apply for WIFIA assistance here. Additionally, EPA has several resources to assist prospective borrowers, including: • an updated Letter of Interest form, • a Letter of Interest Example and Checklist, • a Sample Financial Pro Forma, • an updated WIFIA Program Handbook, and • a Template Term Sheet, Finally, EPA is hosting a series of information sessions and webinars to explain more about WIFIA financing. Upcoming webinars will focus on the process for submitting and evaluating WIFIA letters of interest. At the information sessions, attendees will learn about the program's current status, eligibility and statutory requirements, application process, and financial benefits and flexibilities. Click here to register. • Webinar: April 17, 2:00-3:30 pm Eastern Daylight Time • Webinar: April 30, 2:00-3:30 pm Eastern Daylight Time • Information Session: May 8, Atlanta, Georgia • Information Session: May 13, Washington, DC 7 17 of 42 • Information Session: May 23, Phoenix, Arizona USDA to Begin Accepting Broadband Funding Pilot Applications Angelina Panettieri, 202.626.3196 The United States Department of Agriculture (USDA) has announced that it will begin accepting applications for its broadband funding pilot program, ReConnect, on April 23. Eligible applicants for the mix of grants and loans include cities, internet service providers and rural electric co-ops. Funded projects will be prioritized in areas with populations of less than 20,000 and where current broadband connections are below 10Mbps download/1 Mbps upload. The funded broadband projects must be able to reach at least 25/3 Mbps, the current FCC standard. Applications must be received by May 21 for grants, June 21 for loan and grant combinations and July 12 for loans. The agency is offering a slate of in-person and online technical assistance workshops for applicants, including an event on April 16-17 in Junction City, Kansas and April 23-24 in Welches, Oregon. A recorded technical assistance webinar is also available. CFBP to Host Local Government PACE Stakeholder Call Carolyn Berndt, 202.626.3101 On April 10, at 2:00 PM EDT, the Consumer Financial Protection Bureau (CFPB) will host a conference call for local elected officials and city staff to provide information about the Bureau's Advance Notice of Proposed Rulemaking on Property Assessed Clean Energy (PACE) Financing, answer questions and solicit initial feedback from local governments. To receive call-in information, please RSVP to Carolyn Berndt at berndt@nlc.org or 202-626-3101 . CFPF is seeking feedback on several aspects of PACE and has posed 34 questions in the proposal. The local government stakeholder call will focus on two specific questions that are most relevant for local governments, including: 8 18 of 42 • QUESTION 7: What is the role that states and local governments play in both the formation and underwriting of PACE financing? • QUESTION 17: How does your city or county handle consumer repayment? For example: 1. When does repayment begin after the financing agreement is signed? 2. How frequently are payments made? 3. Are payments roughly equal throughout a consumer's full financing term, or can payments change? Are interest rates fixed or variable? Are balloon payments required? If so, in what circumstances? Do PACE financing agreements always provide for full amortization? 4. To which parties do consumers make payments? Does the party to which consumers make payments ever change over the life of the financing agreement? If so, in what circumstances does this occur and why? 5. After a consumer remits a payment, how is the payment distributed, and by whom? 6. Please describe any changes to payments or payment processes when a consumer becomes delinquent or defaults. 7. Please describe any differences to payments or payment processes when a consumer has a mortgage loan with an escrow account for taxes. Additionally, NLC has identified several questions that local governments might be in the best position to answer, as outlined here. To date, 36 states plus the District of Columbia have passed laws enabling local governments to develop PACE programs, and 20 states have active PACE programs. This rulemaking is especially relevant to California, Florida and Missouri who have active residential PACE programs, along with other states that are considering similar programs. For additional background on PACE and the rulemaking, see the March 26 issue of the Federal Advocacy Update. C WMIAL_ <WCM91 . 9 19 of 42 Eric Johnson From: Eric Johnson Sent: Tuesday,April 9, 2019 10:58 AM To: 'Mary Mccomber' Subject: RE:SESSION DAILY: News from the House Thanks for sharing. III put it in weekly notes as well. From: Mary Mccomber<marymccomber@aol.com> Sent:Tuesday,April 9,2019 9:53 AM To: Eric Johnson<eajohnson@cityofoakparkheights.com> Subject:Fwd:SESSION DAILY: News from the House Eric, See the article below: Transportation division green-lights...... In the article, is a link to"as amended", which is the markup of the House Transportation bill HF 1555(line 10.7)is the Small Cities Assistance, which you will see has more funding, and from a dedicated special revenue fund- Obviously the appropriations between the House and Senate are far apart, at least there is some dedication of funds through 2023. Mary ----Original Message--- From: Houselnfo<Houselnfob-house.lea.state.mn.us> To: Updates from House Public Information Services<houseinformationcMww3.house.leg.state.mn.up Sent: Mon, Apr 8, 2019 6:32 pm Subject: SESSION DAILY: News from the House Trouble viev ina this nage?Visit us online 7ti:azMinnesota House of Representatives House Public Information Services — Apr 8 2019.:53PM SESSION DAILY: Omnibus state govt. finance bill: nearly billion Session Daily is an online news service updated dollars in spending, many elections changes every day during session and when news from the House warrants. 8y Mike Cook Given a tmdpet target of almost$987.39 million in General Fund spending,the omnibus state News and Notes government finance bill would spend every last dollar. Rep.Michael Nelson(DFL-Brooklyn Park)sponsors HF1935 as amended with a delete-all and a sponsor amendment.It calls for a nearly$102.53 million increase over base;$13 million The 2019 Legislature must end by May 20. more than the budget Proposed by Gov.Tim Walz. Easter/Passover break The House State Government Finance Division,which Nelson chairs,received a bill The 2019 Easter/Passover break will begin walkthrough and heard from representatives of some affected parties Monday.Public Saturday,April 13,and go through Monday,April testimony is scheduled to continue at 8 a.m.Tuesday before the division reconvenes at 3 22•Legislative activity may resume at 8 a.m.April p.m.to consider amendments and vote on the bill. 23.House offices will be closed April 19. 1 20 of 42 Sen.Mary Kiffmeyer(R-Big Lake)sponsors the Senate omnibus budget bill.SF2227 is Committee deadlines for 2019 scheduled to be acted on Tuesday by the Senate State Government Finance and Policy and Elections Committee. • Friday,March 15—Committees must Get the fuH stOr -at SesMon DaTly act favorably on bills in the house of origin. • Friday,March 29—Committees must Recent Session Daily Articles: act favorably on bills,or companions of bills,that met the first deadline in the April 8,2019Cunference committee strikes agreement on distracted driving bill other body. April 8,2019House Ways and Means Committee combines three omnibus bills to start busy • Friday,April 12—Committees must act week favorably on major appropriation and April 8,2019Hcouse tax bill focuses upon fairness,filing ease,cuts and credits finance bills. April 5,20190rnnibus health and human services finance bill gets division approval April 5,2019Week in Review:April 1-5 Bill Introductions:HF2 ?5-2926 April 5,2019'Driver's licenses for all'bill passes House April 4,2019Fublic safety panel adds gun-control provisions before approving omnibus bill For comparison April 4,20191"ransoortation division green-lights omnibus bill with gas tax,sales tax hikes There were 2,722 House files introduced during April 4,20190rnnibus lobs bill approved and sent to House Ways and Means Committee the 2017 session;2,379 in 2015;1,862 in 2013;and April 4,2019House passes bill to help reunify families,now to Senate 1,761 in 2011. April 4,20190rmnnibus environment bill gets division OK:heads to House Ways and Means Did you know? Committee According to the National Conference of State April 4,2019Tuition freeze part of unveiled omnibus higher education finance bill Legislatures,Minnesota is the only state with a divided legislature in the 2019-20 biennium.The last time there was only one divided state legislature in the country was 1914. Stay informed Follow us on social media: kw 4s�...a.... .::,121_ and Y.9.�.�___4,b�t',. Follow that bill You can follow bills throughout the legislative process by signing up for MyBills,a personalized way to track House and Senate bills by number. Find more information on how to follow House and Senate bills Bre. Resources Want to contact your U.S.representative,the governor or a state agency?Click for a roster of federal and state contacts. dick to unsubscdi 21 of 42 Minnesota House of Representatives Apr 4 2019 8:51 PM Transportation division green-lights omnibus bill with Session Daily Home gas tax, sales tax hikes Search Session Daily By Jonathan Avise Search Session Daily q Advanced Search Options Priority Dailies Budget forecpM.pr 'd» d surplus drops by almost 8500 million.still tops 51 billion 7 By Mike Cook The state has a$1.05 billion projected budget surplus for the upcoming biennium, Minnesota Management and Budget 4 officials announced Thursday. February 28,2019 Walz budget would raise vias tax emphasize education health care By Rob Hubbard Education,health care and i _.., community prosperity are d key targets for funding in the 2020-21 Rep.Frank Hornstein,chair of the House Transportation Finance and Policy Division,comments on a series of amendments to the division's omnibus bill duringthe biennial budget proposed by Gov.Tim April 4 meeting.Photo by Paul Battaglia Walz. The House's omnibus transportation finance bill—legislation that would inject billions of February 19,2019 new dollars into the state's roads,bridges and transit,and includes a hike in the state's gas tax—passed its first test Thursday. Committee deadlines for 2019 unveil d By Mike Cook HF1555.sponsored by Rep Frank Hornstein(DFL-Mpis),would spend more than$7.2 Legislators and the public billion over the 2020-21 biennium on Minnesota's creaky transportation infrastructure, officially know the timeline and include new dedicated funding for roads,bridges and expanded mass transit service. for getting bills through the committee process. The House Transportation Finance and Policy Division approved the bill,as amended on February 5,2019 an 11-5,party-line vote and referred it to the House Ways and Means Committee.It is scheduled to be heard there April 10. House committees scheduleend chairs announced for 2019-20 biennium DFLers and Republicans in the Legislature have long agreed additional funding is needed By Jonathan Mohr to meet the needs of the state's roads and bridges.But those on differing sides of the The framework for the 2019 aisle have disagreed on how. legislative session took shape Wednesday as House DFL leaders The omnibus bill,unveiled Tuesday,proposes to raise Minnesota's per-gallon gas tax by 5 announced the committee structure, cents per year over four years,and then automatically with the rate of inflation in years chairs and the schedule lawmakers will after that.That,DFL leaders say,would raise nearly$600 million in funding for the state's follow when they reconvene Jan.8,2019. road and bridge infrastructure in the 2020-21 biennium,and more than$1 billion in 2022- November 21,2018 23. Omnibus bills' framework for the state's biennial budoplan It would also take Minnesota's current By Ricky Campbell 28.5-cent gas tax from middle-of-the-pack to At the beginning of the among the highest in the nation. state's two-year fiscal cycle, https://www.house-leg.state-nm.us/SessionDaily/Story/13883 4 22 of 42 /9/2019 Transportation division green-lights omnibus bill with gas tax, sales tax hikes- Session D... Page 2 of 3 An increase in some tab fees—and bringing the first year of the legislative session is the motor vehicle sales tax in line with other traditionally a"budget year."It's a lengthy sales taxes—would also fund additional process,but it's one that requ... spending.Older vehicles would see a March 29,2017 decrease in tab fees,under the bill. Gov.Tim Walz and legislative DFLers have Social Media Links Audience members collect copies of amendments to justified their proposed tax and fee increases the House Transportation Finance and Policy Division's by pointing to the poor—and worsening— omnibus bill before the April 4 meeting.Photo by PaulSubscribe to Session Daily Updates. Battaglia state of the state's roadways. ;µ;_;Session Daily News Feed(RSS) Minnesota's roads are in"state of disrepair,' Hornstein said."It is literally crumbling infrastructure.' Minnesota House on Twitter And to address the problem,he added,"We are going to need new revenue.' Tweets by @MNHouselnfo For transit,HF1555 proposes to raise a seven-county metro area sales tax by a half-cent to raise roughly$400 million over the next biennium. " MNHouselnfo ' @MNHousalitfo Half of that funding,under the bill,would be directed to the Metropolitan Council for WATCH>>Full video of Monday's transit service.The other half would go to the Transportation Advisory Board,an adviso #mnhouse floor session rY buff.ly/218snKY#mnhouse panel to the council responsible for planning new regional transit projects. "Overall,this is a very expensive bill,'said Rep.John Koznick(R-Lakeville)."We're looking at$1.3 billion in tax increases.' Republicans have supported transportation funding plans that use existing General Fund dollars by shifting revenue from motor vehicle-related taxes.DFLers have said that funding source isn't constitutional"edicated to transportation—like proceeds from the 2tam gas tax is to roads and bridges—and could be shifted to tither needs in any given year by a future Legislature. MNHouselnfo ' @MNHouseinio But,Rep.Paul Torkelson(R-Hanska),the Republican lead on the division,said,"It doesn't Tuesday's#mnhouse floor session —LIVE coverage has resumed on say in the constitution that we should only use dedicated funding.'He called it a mistake HTV1 buff.ly/2p11yfF#mnleg to not utilize General Fund dollars,and said the gas tax isn't a long-term solution to the —M- state's transportation funding gap. embed View on Twitter Amendments adopted The division added a number of amendments offered by both DFLers and Republicans to the bill during hours of deliberation Thursday.Among amendments adopted are those that would: • clarify which agricultural commodities qualify under an existing annual permit to allow a vehicle or combination of vehicles with a total of six axles to haul certain farm products; • require MnDOT to maintain inventory of transportation assets related to bridges, pavement,geotechnical,pedestrians,bicycles and transit for the purposes of asset management; • direct Metro Transit to operate lowest-emission buses in service areas deemed to have poor air quality; • regulate the testing of automated vehicles in the state, • direct MnDOT to install directional signs on Interstate 35 directing motorists to the campuses of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind; • require drivers traveling in the right-hand lane of traffic to yield the right-of-way to any school bus attempting to enter that lane from a shoulder,right-tum lane or other location from where the school bus had stopped to load or unload passengers;and https://3w fww.house.leg.state.mn.us/SessionDaily/Story/13883 4/9/2019 Transportation division green-lights omnibus bill with gas tax, sales tax hikes- Session D... Page 3 of 3 • free the city of Floodwood from operating and maintaining a former train depot that Is to be remodeled into a safety information center and rest area at the intersections of Trunk Highways 2 and 73. Related Articles April 8,2019 Conference committee strikes agreement on distracted driving... April 5,2019 'Driver's licenses for all'bill passes House April 2,2019 House DFL mirrors Walz plan for boosting transportation invec... March 26,2019 Tougher pgnatties for texting while driving get transportation p... March 21,2019 Walz transportation plan—and its gas tax hike sets up deba... March 19,2019 Still waiting on aid from state registrars ask for fee increases March 18,2019 After years-long effortdistracted driving bill clears the House March 1a,2019 Transportation division approves catchall policy bill March a,2019 Amended MNLARS funding bill heads to governor but withou... https://4r house.leg.state.mn.us/SessionDaily/Story/13883 4/9/2019 SF 1692 REVISOR RSI S1692-1 1st Engrossment SENATE STATE OF MINNESOTA NINETY-FIRST SESSION S.F. NO. 1692 (SENATE AUTHORS:OSMEI) DATE D-PG OFFICIAL STATUS 02/25/2019 527 Introduction and first reading Referred to Energy and Utilities Finance and Policy 04/03/2019 2094a Comm report:To pass as amended and re-refer to Finance 1.1 A bill for an act 1.2 relating to energy;appropriating money for the Department of Commerce and 1.3 Public Utilities Commission;modifying the community solar garden program; 1.4 eliminating the size limitation on hydropower sources that may satisfy the 1.5 renewable energy standard;abolishing the nuclear power plant certificate of need 1.6 prohibition;modifying the commercial PACE program;prohibiting use of funds 1.7 for certain legal proceedings;modifying conservation improvement program 1.8 requirements;amending the renewable development account public utility annual 1.9 contribution;establishing criteria for utility cost recovery of energy storage system 1.10 pilot projects;establishing a grant program to assist public school districts to install 1.11 solar energy systems;establishing an electric vehicle charging station revolving 1.12 loan program; establishing a net zero emissions project;establishing a process to 1.13 compensate businesses for loss of business opportunity; establishing an advisory 1.14 task force on green roofs;requiring a cost-benefit analysis;requiring reports; 1.15 appropriating money;amending Minnesota Statutes 2018, sections 116C.779, 1.16 subdivision 1; 216B.16,by adding a subdivision;216B.1641; 216B.1691, 1.17 subdivision 1;21613.241,subdivisions lc, Id,2,2b,3,7;21613.2422,subdivision 1.18 1,by adding a subdivision;21613.243,subdivision 3b;216C.435,subdivisions 3a, 1.19 8;216C.436,subdivision 4,by adding a subdivision;Laws 2017,chapter 94,article 1.20 10,sections 28;29;proposing coding for new law in Minnesota Statutes,chapters 1.21 116J; 21613;216C;repealing Minnesota Statutes 2018, section 21613.241, 1.22 subdivision lb. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 ARTICLE 1 1.25 APPROPRIATIONS 1.26 Section 1. ENERGY AND UTILITIES APPROPRIATIONS. 1.27 The sums shown in the columns marked"Appropriations"are appropriated to the agencies 1.28 and for the purposes specified in this article.The appropriations are from the general fund, 1.29 or another named fund,and are available for the fiscal years indicated for each purpose. 1.30 The figures"2020"and"2021"used in this article mean that the appropriations listed under 1.31 them are available for the fiscal year ending June 30,2020,or June 30,2021,respectively. Article 1 Section 1. 1 25 of 42 SF 1692 REVISOR RSI S1692-1 1st Engrossment 37.1 0)_Uv Final reports,any mid-project status reports,and renewable development account 37.2 financial reports must be posted online on a public website designated by the commissioner 37.3 of commerce. 37.4 {tj_(w)All final reports must acknowledge that the project was made possible in whole 37.5 orpart by the Minnesota renewable development account,noting that the account is financed 37.6 by the public utility's ratepayers. 37.7 {njx_L�Of the amount in the renewable development account,priority must be given to 37.8 making the payments required under section 216C.417. 37.9 EFFECTIVE DATE.This section is effective the day following final enactment. 37.10 Sec. 2. [116J.551 COMMUNITY ENERGY TRANSITION GRANTS. 37.11 Subdivision 1. Definitions.(a)For the purposes of this section,the terms in this 37.12 subdivision have the meanings given. 37.13 (b)"Advisory council"means the Community Energy Transition Grant Advisory Council 37.14 created in this section. 37.15 (c)"Commissioner"means the commissioner of employment and economic development. 37.16 (d) "Eligible community"means a county,municipality, or tribal government located 37.17 within a county that hosts an investor-owned electric generating plant powered by coal, 37.18 nuclear energy,or natural gas. 37.19 Subd. 2.Establishment.The commissioner shall establish a community energy transition 37.20 grant program to award grants to promote economic development in eligible communities. 37.21 Subd. 3. Funding.(a)A community energy transition account is created in the special 37.22 revenue fund in the state treasury.Money in the account is appropriated to the commissioner 37.23 for grants as provided in this section and must be expended only as provided in this section. 37.24 (b)On July 1,2020, $500,000 and then on July 1, 2021,and on each July 1 thereafter, 37.25 $1,000,000 is transferred from the renewable development account under section 116C.779 37.26 to the commissioner for deposit in the community energy transition account. This transfer 37.27 must be made before any other payments or transfers required under section 116C.779. 37.28 (c)Grants to eligible communities in which an investor-owned electric generating plant 37.29 is located but has not been scheduled for retirement or decommissioning may not exceed 37.30 $1,000,000. Grants to eligible communities in which an investor-owned electric generating 37.31 plant is located and is scheduled for retirement or decommissioning may not exceed 37.32 $5,000,000. Article 4 Sec.2. 37 26 of 42 SF 1692 REVISOR RSI S1692-1 1st Engrossment 38.1 (d)Unless amounts are otherwise appropriated for administrative costs,the commissioner 38.2 of employment and economic development may retain up to five percent of the amount 38.3 appropriated for grants under this section for administrative and personnel costs. 38.4 Subd. 4. Cancellation of grant; return of grant money.If after five years,the 38.5 commissioner determines that a project has not proceeded in a timely manner and is unlikely 38.6 to be completed,the commissioner must cancel the grant and require the grantee to return 38.7 all grant money awarded for that project. Grant money returned to the commissioner is 38.8 appropriated to the commissioner to make additional grants under this section. 38.9 Subd. 5. Grants to eligible communities.(a)The commissioner must award grants to 38.10 eligible communities through a competitive grant process. Eligible communities must be 38.11 located in the service territory of the public utility subject to section I I6C.779. 38.12 (b)To receive grant funds,an eligible community must submit a written application to 38.13 the commissioner,using a form developed by the commissioner. 38.14 (c)The commissioner must consider the recommendations of the Community Energy 38.15 Transition Grant Advisory Council before selecting grant recipients. 38.16 (d) Grants must be used to plan for or address the economic and social impact on the 38.17 community of plant retirement or transition. Specific uses may include but are not limited 38.18 t0: 38.19 (1)research; 38.20 (2)planning; 38.21 3 studies; 38.22 (4)capital improvements; and 38.23 (5)incentives for businesses to open,relocate,or expand. 38.24 Subd. 6. Priorities.(a)In evaluating projects,the advisory council shall give priority 38.25 to eligible projects with one or more of the following characteristics: 38.26 (1)the potential of the eligible community to attract a viable business; 38.27 (2)the potential increase in the property tax base of the eligible community,considered 38.28 relative to the fiscal impact of the retirement of the electric generating plant located in the 38.29 eligible community; 38.30 (3)the extent to which the grant will assist the eligible community in addressing the 38.31 fiscal and social impacts of plant retirement;and Article 4 Sec.2. 38 27 of 42 SF 1692 REVISOR RSI S1692-1 1st Engrossment 39.1 (4)the extent to which the grant will help the state transition away from fossil fuels. 39.2 (b)The factors listed in paragraph(a)are not ranked in order of priority. The 39.3 commissioner may weigh each factor, depending upon the facts and circumstances,as 39.4 appropriate. The commissioner may consider other factors that support the goals of this 39.5 program. 39.6 Subd. 7.Advisory council.(a)By September 1, 2019,the commissioner shall appoint 39.7 representatives to a Community Energy Transition Grant Advisory Council composed of 39.8 the following members: 39.9 (1)the commissioner of employment and economic development,or a designee; 39.10 (2)the commissioner of transportation,or a designee; 39.11 (3)the commissioner of the Minnesota Pollution Control Agency, or a designee; 39.12 (4)the commissioner of natural resources,or a designee; 39.13 (5)the commissioner of commerce,or a designee; 39.14 (6)one representative of the Prairie Island Indian community; 39.15 (7)two representatives of workers at investor-owned electric generating plants powered 39.16 by coal,nuclear energy,or natural gas;and 39.17 (8)four representatives of eligible communities,of which,two must be counties,two 39.18 must be municipalities,at least one must host a coal plant,at least one must host a nuclear 39.19 plant,and at least one must host a natural gas plant. 39.2o After the initial appointments,members of the advisory council shall be appointed no later 39.21 than January 15 of every odd-numbered year and shall serve until January 15 of the next 39.22 odd-numbered year. Members may be removed and vacancies filled as provided in section 39.23 15.059, subdivision 4. Appointed members are eligible for reappointment. 39.24 (b)The advisory council shall elect a chair and other officers at its first meeting. 39.25 (c)The advisory council shall review applications for community energy transition 39.26 grants and make recommendations to the commissioner of employment and economic 39.27 development. 39.28 (d)The commissioner of employment and economic development shall select projects 39.29 from the recommendations made by the advisory council under this subdivision with 39.30 consideration given to the priorities listed in subdivision 6. Article 4 Sec.2. 39 28 of 42 SF 1692 REVISOR RSI S1692-1 1st Engrossment 40.1 (e)A member of the advisory council must not participate in the consideration of an 40.2 application from the community that member represents. 40.3 (f)Members of the advisory council serve without compensation or payment of expenses. 40.4 (g)The commissioner of employment and economic development or the commissioner's 40.5 designee shall provide meeting space and administrative services for the advisory council. 40.6 All costs necessary to support the advisory council's operations must be absorbed using 40.7 existing appropriations available to the commissioner. 40.8 (h)The advisory council is subject to chapter 13D,but may close a meeting to discuss 40.9 sensitive private business information included in grant applications. Data related to an 40.10 application for a grant submitted to the advisory council is governed by section 13.599. 40.11 (i)The commissioner shall convene the first meeting of the advisory council no later 40.12 than September 1,2019. 40.13 Subd. 8. Reports to the legislature.By January 15,2021,and each January 15 thereafter, 40.14 the commissioner must submit a report to the chairs and ranking minority members of the 40.15 committees of the house of representatives and the senate having jurisdiction over economic 40.16 development that details the use of grant funds.When possible,this report must include 40.17 data on the economic impact achieved by each grant. 40.18 Sec.3.Minnesota Statutes 2018,section 216B.16,is amended by adding a subdivision to 40.19 read: 40.20 Subd. 7e. Energy storage system pilot projects. (a)A public utility may petition the 40.21 commission under this section to recover costs associated with the implementation of an 40.22 energy storage system pilot project. As part of the petition,the public utility must submit a 40.23 report to the commission containing,at a minimum,the following information regarding 40.24 the proposed energy storage system pilot project: 40.25 (1)the storage technology utilized; 40.26 (2)the energy storage capacity and the duration of output at that capacity; 40.27 (3)the proposed location; 40.28 (4)the purchase and installation costs; 40.29 (5)how the project will interact with existing distributed generation resources on the 40.30 utility's grid;and Article 4 Sec.3. 40 29 of 42 SF 1692 REVISOR RSI S1692-1 1st Engrossment 41.1 (6)the goals the project proposes to achieve,which may include controlling frequency 41.2 or voltage,mitigating transmission congestion,providing emergency power supplies during 41.3 outages,reducing curtailment of existing renewable energy generators,and reducing peak 41.4 power costs. 41.5 (b)A utility may petition the commission to approve a rate schedule that provides for 41.6 the automatic adjustment of charges to recover prudently incurred investments,expenses, 41.7 or costs associated with energy storage system pilot projects approved by the commission 41.8 under this subdivision. A petition filed under this subdivision must include the elements 41.9 listed in section 216B.1645, subdivision 2a,paragraph(b),clauses(1)to(4), and must 41.10 describe the benefits of the pilot project. 41.11 (c)The commission may approve,or approve as modified,a rate schedule filed under 41.12 this subdivision.The rate schedule filed by the public utility may include the elements listed 41.13 in section 216B.1645, subdivision 2a,paragraph(a),clauses(1)to(5). 41.14 (d)For each pilot project that the commission has found to be in the public interest,the 41.15 commission must make its determination on the specific amounts that are eligible for 41.16 recovery under the approved rate schedule within 90 days of final approval of the specific 41.17 pilot program or within 90 days of the public utility filing for approval of cost recovery for 41.18 the specific pilot program,whichever is later. 41.19 (e)Nothing in this subdivision prohibits or deters the deployment of energy storage 41.20 Systems. 41.21 (f)For the purposes of this subdivision: 41.22 (1) "energy storage system"has the meaning given in section 216B.2422, subdivision 41.23 1; and 41.24 (2) "pilot project"means a project that is owned, operated,and controlled by a public 41.25 utility to optimize safe and reliable system operations and is deployed at a limited number 41.26 of locations in order to assess the technical and economic effectiveness of its operations. 41.27 EFFECTIVE DATE.This section is effective the day following final enactment. 41.28 Sec. 4. Minnesota Statutes 2018, section 216B.2422, subdivision 1,is amended to read: 41.29 Subdivision 1. Definitions.(a)For purposes of this section,the terms defined in this 41.30 subdivision have the meanings given them. Article 4 Sec.4. 41 30 of 42 SF 1692 REVISOR RSI S1692-1 1st Engrossment 42.1 (b)"Utility"means an entity with the capability of generating 100,000 kilowatts or more 42.2 of electric power and serving,either directly or indirectly,the needs of 10,000 retail 42.3 customers in Minnesota.Utility does not include federal power agencies. 42.4 (c)"Renewable energy"means electricity generated through use of any of the following 42.5 resources: 42.6 (1)wind; 42.7 (2) solar; 42.8 (3) geothermal; 42.9 (4)hydro; 42.10 (5)trees or other vegetation; 42.11 (6)landfill gas; or 42.12 O predominantly organic components of wastewater effluent, sludge,or related 42.13 by-products from publicly owned treatment works,but not including incineration of 42.14 wastewater sludge. 42.15 (d) "Resource plan"means a set of resource options that a utility could use to meet the 42.16 service needs of its customers over a forecast period,including an explanation of the supply 42.17 and demand circumstances under which,and the extent to which,each resource option 42.18 would be used to meet those service needs. These resource options include using, 42.19 refurbishing,and constructing utility plant and equipment,buying power generated by other 42.20 entities,controlling customer loads, and implementing customer energy conservation. 42.21 (e)"Refurbish"means to rebuild or substantially modify an existing electricity generating 42.22 resource of 30 megawatts or greater. 42.23 (f) "Energy storage system"means a commercially available technology that: 42.24 (1)uses mechanical,chemical,or thermal processes to: 42.25 (i) store energy,including energy generated from renewable resources and energy that 42.26 would otherwise be wasted,and deliver the stored energy for use at a later time;or 42.27 (ii)store thermal energy for direct use for heating or cooling at a later time in a manner 42.28 that reduces the demand for electricity at the later time; 42.29 (2)is composed of stationary equipment; Article 4 Sec.4. 42 31 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment SENATE STATE OF MINNESOTA NINETY-FIRST SESSION S.F. NO. 1093 (SENATE AUTHORS:NEWMAN,Senjem,Jasinski,Miller and Dahms) DATE D-PG OFFICIAL STATUS 02/11/2019 331 Introduction and first reading Referred to Transportation Finance and Policy 02/14/2019 351a Comm report:To pass as amended and re-refer to Finance 02/21/2019 467 Comm report:To pass 467 Second reading 492 Authors added Senjem;Jasinski;Miller,Dahms 04/03/2019 2093 General Orders:Stricken and re-referred to Transportation Finance and Policy 04/10/2019 2661a Comm report:To pass as amended and re-refer to Taxes 04/11/2019 2750a Comm report:To pass as amended and re-refer to Finance 1.1 A bill for an act 1.2 relating to transportation;establishing a budget for transportation; appropriating 1.3 money for transportation purposes,including Department of Transportation, 1.4 Metropolitan Council,and Department of Public Safety activities;modifying 1.5 various provisions governing transportation policy and(mance;modifying various 1.6 provisions relating to motor vehicles;requiring reports; establishing working 1.7 groups;making technical changes;amending Minnesota Statutes 2018, sections 1.8 3.972,by adding subdivisions; 13.46,subdivision 2; 13.72,subdivision 10;80E.13; 1.9 160.262,subdivision 1; 160.263, subdivision 2; 160.264; 160.266,subdivision 5; 1.10 160.93, subdivisions 1, 2,4, 5,by adding a subdivision; 161.04,by adding a 1.11 subdivision;161.14,subdivision 16,by adding subdivisions; 168.002,subdivision 1.12 8; 168.013, subdivisions la, lm, 6,by adding a subdivision; 168.10, subdivision 1.13 lh; 168.1294,subdivision 6; 168.27,by adding subdivisions; 168.301,subdivision 1.14 3; 168.33, subdivision 8a; 168A.02, subdivision 1; 168A.12, subdivision 2; 1.15 168A.17,by adding a subdivision; 169.011,by adding subdivisions; 169.06, 1.16 subdivision 4a; 169.13, subdivisions 1,2; 169.14, subdivisions 2a, 5; 169.18, 1.17 subdivisions 1, 7, 8, 11; 169.20, subdivision 7,by adding a subdivision; 169.26, 1.18 subdivisions 1,4; 169.28; 169.29; 169.443, subdivision 2; 169.4503, subdivision 1.19 5; 169.58,by adding a subdivision; 169.64, subdivision 9; 169.71, subdivisions 1.20 1,4; 169.829,by adding a subdivision; 169.864, subdivision 1; 169.865, 1.21 subdivisions 1,2,by adding a subdivision; 169.87, subdivision 6; 174.37, 1.22 subdivision 1; 174.75,by adding a subdivision;360.013,by adding a subdivision; 1.23 360.017, subdivision 1; 360.021, subdivision 1; 360.024; 360.062;360.063, 1.24 subdivisions 1, 3;360.064, subdivision 1;360.065, subdivision 1;360.066, 1.25 subdivision 1;360.067,by adding a subdivision;360.071,subdivision 2;360.305, 1.26 subdivision 6; 394.22,by adding a subdivision;394.23; 394.231;394.25, 1.27 subdivision 3;462.352,by adding a subdivision;462.355,subdivision 1;462.357, 1.28 subdivision 9,by adding a subdivision;473.121,by adding subdivisions;473.386, 1.29 subdivision 3; 473.388, subdivision 4a; 473.405 1, subdivisions 2, 3;Laws 2018, 1.30 chapter 165, section 1;proposing coding for new law in Minnesota Statutes, 1.31 chapters 161; 168A; 169; 174;296A;2991); 360;repealing Minnesota Statutes 1.32 2018, sections 160.93, subdivisions 2a, 3; 161.1419, subdivision 8; 169.18, 1.33 subdivisions 10, 12; 360.063, subdivision 4; 360.065, subdivision 2; 360.066, 1.34 subdivisions la, lb. 1 32 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 2.1 BE 1T ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 TRANSPORTATION APPROPRIATIONS 2.4 Section 1. TRANSPORTATION APPROPRIATIONS. 2.5 The sums shown in the columns marked"Appropriations"are appropriated to the agencies 2.6 and for the purposes specified in this article.The appropriations are from the trunk highway 2.7 fund,or another named fund,and are available for the fiscal years indicated for each purpose. 2.8 Amounts for"Total Appropriation"and sums shown in the corresponding columns marked 2.9 "Appropriations by Fund" are summary only and do not have legal effect.Unless specified 2.10 otherwise,the amounts in the second year under"Appropriations by Fund" show the base 2.11 within the meaning of Minnesota Statutes, section 16A.11, subdivision 3,by fund. The 2.12 figures"2020"and"2021"used in this article mean that the appropriations listed under them 2.13 are available for the fiscal year ending June 30,2020,or June 30, 2021,respectively. "The 2.14 first year"is fiscal year 2020. "The second year"is fiscal year 2021. "The biennium"is 2.15 fiscal years 2020 and 2021. 2.16 APPROPRIATIONS 2.17 Available for the Year 2.18 Ending June 30 2.19 2020 2021 2.20 Sec. 2. DEPARTMENT OF 2.21 TRANSPORTATION 2.22 Subdivision 1. Total Appropriation S 3,050,750,000 S 3,017,437,000 2.23 Appropriations by Fund 2.24 2020 2021 2.25 General 19,285,000 19,375,000 2.26 Airports 20,632,000 20,632,000 2.27 C.S.A.H. 833,470,000 846,656,000 2.28 M.S.A.S. 208,653,000 211,622,000 2.29 Trunk Highway 1,968,710,000 1,919,152,000 2.30 The appropriations in this section are to the 2.31 commissioner of transportation.The amounts 2.32 that may be spent for each purpose are 2.33 specified in the following subdivisions. 2.34 Subd. 2. Multimodal Systems 2.35 (a)Aeronautics Article 1 Sec.2. 2 33 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 3.1 (1)Airport Development and Assistance 15,298,000 15,298,000 3.2 This appropriation is from the state airports 3.3 fund and must be spent according to 3.4 Minnesota Statutes, section 360.305, 3.5 subdivision 4. 3.6 Notwithstanding Minnesota Statutes, section 3.7 16A.28, subdivision 6,this appropriation is 3.8 available for five years after the year of the 3.9 appropriation. If the appropriation for either 3.10 year is insufficient,the appropriation for the 3.11 other year is available for it. 3.12 If the commissioner of transportation 3.13 determines that a balance remains in the state 3.14 airports fund following the appropriations 3.15 made in this article and that the appropriations 3.16 made are insufficient for advancing airport 3.17 development and assistance projects,an 3.18 amount necessary to advance the projects,not 3.19 to exceed the balance in the state airports fund, 3.20 is appropriated in each year to the 3.21 commissioner and must be spent according to 3.22 Minnesota Statutes, section 360.305, 3.23 subdivision 4.Within two weeks of a 3.24 determination under this contingent 3.25 appropriation,the commissioner of 3.26 transportation must notify the commissioner 3.27 of management and budget and the chairs, 3.28 ranking minority members,and staff of the 3.29 legislative committees with jurisdiction over 3.30 transportation finance concerning the funds 3.31 appropriated. Funds appropriated under this 3.32 contingent appropriation do not adjust the base 3.33 for fiscal years 2022 and 2023. 3.34 (2)Aviation Support and Services 6,877,000 6,877,000 Article 1 Sec.2. 3 34 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 4.1 Appropriations by Fund 4.2 2020 2021 4.3 Airports 5,254,000 5,254,000 4.4 Trunk Highway 1,623,000 1,623,000 4.5 (3) Civil Air Patrol 80,000 80,000 4.b, This appropriation is from the state airports 4.- fund for the Civil Air Patrol. 4.8 Transit 18,126,000 18,126,000 4.9 Appropriations by Fund 4.10 2020 2021 4.11 General 17,249,000 17,249,000 4.12 Trunk Highway 877,000 877,000 4.13 (c) Safe Routes to School 500,000 500,000 4.14 This appropriation is from the general fund 4.15 for the safe routes to school program under 4.16 Minnesota Statutes, section 174.40. 4.17 d Freight 4.18 Freight and Commercial Vehicle Operations 6,775,000 6,615,000 4.19 Appropriations by Fund 4.20 2020 2021 4.21 General 1,229,000 1,069,000 4.22 Trunk Highway 5,546,000 5,546,000 4.23 $160,000 in the first year is from the general 4.24 fund for port development assistance grants 4.25 under Minnesota Statutes,chapter 457A,to 4.26 the Port Authority of Winona. Any 4.27 improvements made with the proceeds of the 4.28 grants must be publicly owned. This is a 4.29 onetime appropriation and is available in the 4.30 second year. 4.31 $800,000 in each year is from the general fund 4.32 for additional rail safety and rail service 4.33 activities. Article 1 Sec.2. 4 35 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 5.1 The commissioner must not spend this 5.2 appropriation for passenger rail system 5.3 planning,alternatives analysis,environmental 5.4 analysis,design,or preliminary engineering 5.5 under Minnesota Statutes, sections 174.632 5.6 to 174.636. 5.7 Subd. 3. State Roads 5.8 (a) Operations and Maintenance 318,145,000 311,932,000 5.9 (b)Program Planning and Delivery 5.10 (1)Planning and Research 31,467,000 30,950,000 5.11 If a balance remains of this appropriation,the 5.12 commissioner may transfer up to that amount 5.13 for program delivery under clause(2). 5.14 $130,000 in each year is available for 5.15 administrative costs of the targeted group 5.16 business program. 5.17 $266,000 in each year is available for grants 5.18 to metropolitan planning organizations outside 5.19 the seven-county metropolitan area. 5.20 $900,000 in each year is available for grants 5.21 for transportation studies outside the 5.22 metropolitan area to identify critical concerns, 5.23 problems,and issues. These grants are 5.24 available: 5.25 (1)to regional development commissions; 5.26 (2)in regions where no regional development 5.27 commission is functioning,to joint powers 5.28 boards established under agreement of two or 5.29 more political subdivisions in the region to 5.30 exercise the planning functions of a regional 5.31 development commission;and 5.32 (3)in regions where no regional development 5.33 commission or joint powers board is Article 1 Sec.2. 5 36 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 6.1 functioning,to the Department of 6.2 Transportation district office for that region. 6.3 (2)Program Delivery 241,016,000 236,874,000 6.4 This appropriation includes use of consultants 6.5 to support development and management of 6.6rp ojects. 6.7 $1,000,000 in each year is available for 6.8 management of contaminated and regulated 6.9 material on property owned by the Department 6.10 of Transportation,including mitigation of 6.11 property conveyances,facility acquisition or 6.12 expansion, chemical release at maintenance 6.13 facilities,and spills on the trunk highway 6.14 system where there is no known responsible 6.15 parry. If the appropriation for either year is 6.16 insufficient,the appropriation for the other 6.17 year is available for it. 6.18 (c) State Road Construction 1,052,295,000 999,282,000 6.19 This appropriation is for the actual 6.20 construction,reconstruction,and improvement 6.21 of trunk highways,including design-build 6.22 contracts,internal department costs associated 6.23 with delivering the construction program, 6.24 consultant usage to support these activities, 6.25 and the cost of actual payments to landowners 6.26 for lands acquired for highway rights-of-way, 6.27 payment to lessees,interest subsidies,and 6.28 relocation expenses. 6.29 This appropriation includes federal highway 6.30 aid. 6.31 $38,000,000 in the first year is appropriated 6.32 to acquire property or permanent easements 6.33 for,and to design,engineer,construct,furnish, 6.34 and equip an expansion of U.S.Highway 212 Article 1 Sec.2. 6 37 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 7.1 to four lanes from Tacoma Ave. N.in 7.2 Norwood Young America to Lake Street West 7.3 in Cologne.Of this amount,up to$10,000,000 7.4 is for safety improvements to the intersection 7.5 of Trunk Highway 212 and Carver County 7.6 Road 51. This is a onetime appropriation. 7.7 The commissioner may expend up to one-half 7.8 of one percent of the federal appropriations 7.9 under this paragraph as grants to opportunity 7.10 industrialization centers and other nonprofit 7.11 job training centers for job training programs 7.12 related to highway construction. 7.13 The commissioner may transfer up to 7.14 $15,000,000 each year to the transportation 7.15 revolving loan fund. 7.16 The commissioner may receive money 7.17 covering other shares of the cost of partnership 7.18 projects. These receipts are appropriated to 7.19 the commissioner for these projects. 7.20 (d)Highway Debt Service 236,439,000 250,766,000 7.21 $226,939,000 in fiscal year 2020 and 7.22 $241,266,000 in fiscal year 2021 are for 7.23 transfer to the state bond fund. If this 7.24 appropriation is insufficient to make all 7.25 transfers required in the year for which it is 7.26 made,the commissioner of management and 7.27 budget must transfer the deficiency amount 7.28 under the statutory open appropriation and 7.29 notify the chairs,ranking minority members, 7.30 and staff of the legislative committees with 7.31 jurisdiction over transportation finance and 7.32 the chairs of the senate Finance Committee 7.33 and the house of representatives Ways and 7.34 Means Committee of the amount of the Article 1 Sec.2. 7 38 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 8.1 deficiency. Any excess appropriation cancels 8.2 to the trunk highway fund. 8.3 (e) Statewide Radio Communications 5,851,000 5,851,000 8.4 Appropriations by Fund 8.5 2020 2021 8.6 General 3,000 3,000 8.7 Trunk Highway 5,848,000 5,848,000 8.8 $3,000 in each year is from the general fund 8.9 to equip and operate the Roosevelt signal 8.10 tower for Lake of the Woods weather 8.11 broadcasting. 8.12 Subd. 4. Local Roads 8.13 (a) County State-Aid Roads 833,470,000 846,656,000 8.14 This appropriation is from the county state-aid 8.15 highway fund under Minnesota Statutes, 8.16 sections 161.081 and 297A.815, subdivision 8.17 3,and chapter 162,and is available until June 8.18 30, 2029. 8.19 If the commissioner of transportation 8.20 determines that a balance remains in the 8.21 county state-aid highway fund following the 8.22 appropriations and transfers made in this 8.23 paragraph,and that the appropriations made 8.24 are insufficient for advancing county state-aid 8.25 highway projects,an amount necessary to 8.26 advance the projects,not to exceed the balance 8.27 in the county state-aid highway fund,is 8.28 appropriated in each year to the commissioner. 8.29 Within two weeks of a determination under 8.30 this contingent appropriation,the 8.31 commissioner of transportation shall notify 8.32 the commissioner of management and budget 8.33 and the chairs,ranking minority members,and 8.34 staff of the legislative committees with Article 1 Sec.2. 8 39 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 9.1 jurisdiction over transportation finance 9.2 concerning funds appropriated. The 9.3 commissioner shall identify in the next budget 9.4 submission to the legislature under Minnesota 9.5 Statutes, section 16A.11,any amount that is 9.6 appropriated under this paragraph. 9.7 (b)Municipal State-Aid Roads 208,653,000 211,622,000 9.8 This appropriation is from the municipal 9.9 state-aid street fund under Minnesota Statutes, 9.10 chapter 162, and is available until June 30, 9.11 2029. 9.12 If the commissioner of transportation 9.13 determines that a balance remains in the 9.14 municipal state-aid street fund following the 9.15 appropriations and transfers made in this 9.16 paragraph,and that the appropriations made 9.17 are insufficient for advancing municipal 9.18 state-aid street projects,an amount necessary 9.19 to advance the projects,not to exceed the 9.20 balance in the municipal state-aid street fund, 9.21 is appropriated in each year to the 9.22 commissioner.Within two weeks of a 9.23 determination under this contingent 9.24 appropriation,the commissioner of 9.25 transportation shall notify the commissioner 9.26 of management and budget and the chairs, 9.27 ranking minority members,and staff of the 9.28 legislative committees with jurisdiction over 9.29 transportation finance concerning funds 9.30 appropriated.The commissioner shall identify 9.31 in the next budget submission to the legislature 9.32 under Minnesota Statutes,section 16A.11,any 9.33 amount that is appropriated under this 9.34 paragraph. 9.35 (c) Small Cities Assistance 250,000 500,000 Article 1 Sec.2. 9 40 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 10.1 This appropriation is from the general fund 10.2 for the small cities assistance program under 10.3 Minnesota Statutes, section 162.145. 10.4 Subd. 5.Agency Management 10.5 (a)Agency Services 45,447,000 45,447,000 10.6 (b)Buildings 29,461,000 29,461,000 10.7 Appropriations by Fund 10.8 2020 2021 10.9 General 54,000 54,000 10.10 Trunk Highway 29,407,000 29,407,000 10.11 Any money appropriated to the commissioner 10.12 of transportation for building construction for 10.13 any fiscal year before the first year is available 10.14 to the commissioner during the biennium to 10.15 the extent that the commissioner spends the 10.16 money on the building construction projects 10.17 for which the money was originally 10.18 encumbered during the fiscal year for which 10.19 it was appropriated. If the appropriation for 10.20 either year is insufficient,the appropriation 10.21 for the other year is available for it. 10.22 (c) Tort Claims 600,000 600,000 10.23 If the appropriation for either year is 10.24 insufficient,the appropriation for the other 10.25 year is available for it. 10.26 Subd. 6. Transfers 10.27 (a)With the approval of the commissioner of 10.28 management and budget,the commissioner 10.29 of transportation may transfer unencumbered 10.3o balances among the appropriations from the 10.31 trunk highway fund and the state airports fund 10.32 made in this section. Transfers under this 10.33 paragraph must not be made: Article 1 Sec.2. 10 41 of 42 SF 1093 REVISOR KRB S1093-3 3rd Engrossment 11.1 (1)between funds; 11.2 (2)from the appropriations for state road 11.3 Construction or debt service;or 11.4 (3)from the appropriations for operations and 11.5 maintenance or program delivery,except for 11.6 a transfer to state road construction or debt 11.7 service. 11.8 (b)The commissioner of transportation must 11.9 immediately report transfers under paragraph 11.10 (a)to the chairs,ranking minority members, 11.11 and staff of the legislative committees with 11.12 jurisdiction over transportation finance. The 11.13 authority for the commissioner of 11.14 transportation to make transfers under 11.15 Minnesota Statutes, section 16A.285,is 11.16 superseded by the authority and requirements 11.17 under this paragraph. 11.18 (c)The commissioner of transportation must 11.19 transfer from the flexible highway account in 11.20 the county state-aid highway fund the entire 11.21 amount in each year to the county turnback 11.22 account in the county state-aid highway fund. 11.23 The funds transferred are for highway 11.24 turnback purposes under Minnesota Statutes, 11.25 section 161.081, subdivision 3. 11.26 Subd. 7. Previous State Road Construction 11.27 Appropriations 11.28 Any money appropriated to the commissioner 11.29 of transportation for state road construction 11.30 for any fiscal year before the first year is 11.31 available to the commissioner during the 11.32 biennium to the extent that the commissioner 11.33 spends the money on the state road 11.34 construction project for which the money was Article 1 Sec.2. 11 42 of 42