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6.6. EDSR 01-16-2018 Request for Action To Item Number Economic Development Authority 6.6 Agenda Section Meeting Date Prepared by Consent January 16, 2018 Amanda Othoudt, EDD Item Description Reviewed by Modifications/Amendments to Statute and/or Cal Portner, City Administrator Enabling Resolution Reviewed by Action Requested Receive report on modifications or amendments to statutes and/or enabling resolution. Background/Discussion Economic Development Authority Bylaws allow for the review of any modifications or amendments to the statute and/or enabling resolution. The EDA attorney has provided a review and submitted an update as suggested each year, and is attached. These updates will be reflected in ongoing processes and policies. Financial Impact N/A Attachments  EDA attorney memo dated January 11, 2018 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Offices in 470 U.S. Bank Plaza 200 South Sixth Street Kennedy Minneapolis Minneapolis MN 55402 & (612) 337-9300 telephone Saint Paul (612) 337-9310 fax Graven www.kennedy-graven.com St. Cloud Affirmative Action Equal Opportunity Employer CHARTERED MEMORANDUM TO: Elk River EDA Chair and Commissioners FROM: Jenny Boulton DATE: January 11, 2016 RE: Economic Development Authority Legislative Update The bylaws for the EDA require an annual update of legislative changes to the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.1082. Outlined below are legislative changes enacted in 2016 that are relevant to the EDA.  There were no legislative changes to the Economic Development Authority Act. Other economic development legislative changes impacting the EDA included the following:  Workforce Development Area Changes. Chapter 129 (HF 3081/SF 2709) amends provisions of Minn. Stat. § 116L.666 which pertains to workforce service areas that administer federal, state, and local employment and training services including local workforce centers. It changes the designation of “workforce service areas” to “workforce development areas.” It changes “local workforce council” to “local workforce development board.” It specifies area workforce and community-based organization membership on local boards to include: labor, veterans, persons with disabilities, minorities, older workers, housing, secondary career and technical education or philanthropic organizations, which must constitute at least 20% of the membership of the board. The existing law percentage is 15%. It also specifies that community colleges are included in reference to higher educational agencies and clarifies references to vocational rehabilitation programs and representatives of adult education and literacy programs.  Border-to-Border Broadband Grant Program. Chapter 189 (HF 2749*/SF 2356) is the omnibus supplemental budget act and allocates $35 million dollars in fiscal year 2017 to the Border-to-Border Broadband Grant Program. No more than $5 million may be used for broadband grants to underserved areas. Up to $1 million may be used for administrative and mapping costs by the Office of Broadband Development in the Department of Employment and Economic Development (DEED). Funds in the amount of $500,000 may be awarded to 493126v1 JSB EL185-13 areas with a significant proportion of low-income households. Low-income households are households whose income is less than or equal to 200% of the most recent calculation of the federal poverty guidelines, adjusted for family size. The commissioner of DEED is now required to publish grant criteria and a scoring system the department will use to evaluate or rank applications and award grants at least 30 days prior to the first day applications may be submitted. Grant applicants must provide evidence they have written all entities providing broadband service in the proposed project area to ask for each broadband service provider’s plan to upgrade service in the project area to meet or exceed the state’s broadband goals within the time frame of the proposed grant activities. Applicants must contact existing area providers at least six weeks prior to submission of the grant application. Any responses collected by the applicant must be submitted with application contents. Revisions to the law also added a challenge period during which existing broadband providers may challenge the grant award. The Office of Broadband Development must publish an application evaluation report and update the state’s broadband deployment data and public maps. Projects receiving grant funding are exempt from prevailing wage requirements. Finally, the new broadband legislation updates the State’s broadband goals as follows: o No later than 2022, all Minnesota businesses and homes have access to high-speed broadband that provides minimum download speeds of at least 25 megabits per second and minimum upload speeds of at least three megabits per second; and o No later than 2026, all Minnesota businesses and homes have access to at least one provider of broadband with download speeds of at least 100 megabits per second and upload speeds of at least 20 megabits per second.  DEED Programs and Grants. Section 2, subdivision 2 of the omnibus supplemental budget act (Chapter 189 (HF2749/SF2356)) contains several funding provisions in fiscal year 2017 including: o One-time reduction of $9 million for the Minnesota investment fund; o One-time reduction of $11.5 million for the Minnesota job creation fund; o $2 million for the redevelopment program; o $600,000 grant for a city of the second class that is designated as an economically depressed area for redevelopment, job creation, and economic development; o $34,250,000 to DEED for grants for communities of color, people with disabilities, senior, youth; and o $300,000 for DEED’s Business and Community Development (workforce development Fund)  Good Food Access Program. Article 2 of the omnibus supplemental budget act (Chapter 189 (HF2749/SF2356)) created a Good Food Access Program with the Department of Agriculture. The program is intended to “increase availability and access to affordable, nutritious, and culturally appropriate food, including fruits and vegetables, for underserved communities in low-and moderate-income areas.” Several approaches are potentially 2 493126v1 JSB EL185-13 eligible for assistance funding, including farmers markets, small grocery stores and small food retailers. The program will provide state or private grants, loans or other types of financial and technical assistance for the establishment, construction, expansion of operations, or renovation of grocery stores and small food retailers. $250,000 was appropriated for the program with the goal being that funds will be used to leverage other forms of public and private financing for applicable projects. A number of requirements must be met for applicants to receive financial or technical assistance from the program. An advisory committee was created to administer the program.  Housing and Redevelopment Authorities. There were no changes to the Housing and Redevelopment Authority Act, Minnesota Statutes, Sections 469.001 through 469.047.  Tax increment financing (TIF). There were no changes to the tax increment financing act, Minnesota Statutes, Sections 469.174 through 469.1794.  Tax Abatement. There were no changes to tax abatement act, Minnesota Statutes, Sections 469.1813 through 469.1815. 3 493126v1 JSB EL185-13