HF 3564

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; modifying provisions 
  1.3             administered by the commissioner of administration 
  1.4             relating to public lands, procurements, easements, 
  1.5             designer selection, parking facilities, energy 
  1.6             efficiency in state buildings; capital project 
  1.7             predesign; certain appropriations and other matters; 
  1.8             modifying the authority of the state archaeologist; 
  1.9             amending Minnesota Statutes 1998, sections 16A.28, 
  1.10            subdivision 5; 16B.26; 16B.33, subdivision 3; 16B.335, 
  1.11            as amended; 16B.58, subdivisions 5 and 7; 16B.85, 
  1.12            subdivisions 2 and 3; 16C.06, subdivision 3; and 
  1.13            16C.08, subdivision 3; Minnesota Statutes 1999 
  1.14            Supplement, sections 16B.32, subdivision 2; 16C.081; 
  1.15            and 138.35, subdivisions 1 and 1a; Laws 1996, chapter 
  1.16            463, sections 13, subdivision 9; and 15, subdivision 
  1.17            4; Laws 1998, chapters 386, article 1, section 35; and 
  1.18            404, section 13, subdivision 10; Laws 1999, chapter 
  1.19            250, article 1, section 12, subdivision 5; repealing 
  1.20            Minnesota Statutes 1999 Supplement, section 16B.415. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22     Section 1.  Minnesota Statutes 1998, section 16A.28, 
  1.23  subdivision 5, is amended to read: 
  1.24     Subd. 5.  [PERMANENT IMPROVEMENTS.] An appropriation to 
  1.25  acquire or better public land or buildings or other public 
  1.26  improvements of a capital nature, including the acquisition of 
  1.27  real property does not lapse until the purposes of the 
  1.28  appropriation are determined by the commissioner, after 
  1.29  consultation with the affected agencies, to be accomplished or 
  1.30  abandoned.  This subdivision also applies to any part of an 
  1.31  appropriation for a fiscal year that has been requisitioned to 
  1.32  acquire real property or construct permanent improvements.  An 
  1.33  appropriation to pay moving expenses lapses at the end of the 
  2.1   third fiscal year during after which it was made available.  
  2.2      Sec. 2.  Minnesota Statutes 1998, section 16B.26, is 
  2.3   amended to read: 
  2.4      16B.26 [UTILITY COMPANIES, PERMITS TO CROSS STATE-OWNED 
  2.5   LANDS EASEMENTS.] 
  2.6      Subdivision 1.  [EASEMENTS GRANTING AN EASEMENT.] (a) 
  2.7   [AUTHORITY.] Except where the authority conferred by this 
  2.8   section has been imposed on some other state or county office, 
  2.9   the commissioner may, where necessary and appropriate, grant an 
  2.10  easement or permit over, under, or across any land owned by the 
  2.11  state for the purpose of constructing roads, streets, telephone, 
  2.12  telegraph, and electric power lines, cables or conduits, 
  2.13  underground or otherwise, or mains or pipe lines for gas, 
  2.14  liquids, or solids in suspension.  This authority does not apply 
  2.15  to land under the jurisdiction of the commissioner of natural 
  2.16  resources or land obtained for trunk highway purposes.  
  2.17     (b) [NOTICE OF REVOCATION.] An easement or permit is 
  2.18  revocable by written notice given by the commissioner if at any 
  2.19  time its continuance will conflict with a public use of the land 
  2.20  over, under, or upon which it is granted, or for any other 
  2.21  reason.  The notice must be in writing and is effective 90 days 
  2.22  after the notice is sent by certified mail to the last known 
  2.23  address of the record holder of the easement.  If the address of 
  2.24  the holder of the easement or permit is not known, it expires 90 
  2.25  days after the notice is recorded in the office of the county 
  2.26  recorder of the county in which the land is located.  Upon 
  2.27  revocation of an easement, the commissioner may allow a 
  2.28  reasonable time to vacate the premises affected.  
  2.29     (c) [EASEMENT RUNS WITH LAND.] State land subject to an 
  2.30  easement or permit granted by the commissioner remains subject 
  2.31  to sale or lease, and the sale or lease does not revoke the 
  2.32  permit or easement granted.  
  2.33     Subd. 2.  [LAND CONTROLLED BY OTHER AGENCIES.] If the 
  2.34  easement or permit involves land under the jurisdiction of an 
  2.35  agency other than the department of administration, it is 
  2.36  subject to the approval of the head of the agency and is subject 
  3.1   to revocation by the commissioner as provided in this section, 
  3.2   on request of the head of the agency.  
  3.3      Subd. 3.  [APPLICATION.] An application for easement or 
  3.4   permit under this section must be in quadruplicate and must 
  3.5   include:  a legal description of the land affected; a map 
  3.6   showing the area affected by the easement or permit; and a 
  3.7   detailed design of any structures to be placed on the land.  The 
  3.8   commissioner may require that the application be in another form 
  3.9   and include other descriptions, maps, or designs.  The 
  3.10  commissioner may at any time order changes or modifications 
  3.11  respecting construction or maintenance of structures or other 
  3.12  conditions of the easement which the commissioner finds 
  3.13  necessary to protect the public health and safety.  
  3.14     Subd. 4.  [FORM; DURATION.] The easement or permit must be 
  3.15  in a form prescribed by the attorney general and must describe 
  3.16  the location of the easement granted.  The easement or permit 
  3.17  continues until revoked by the commissioner, subject to change 
  3.18  or modification as provided in this section.  
  3.19     Subd. 5.  [CONSIDERATION; TERMS.] The commissioner may 
  3.20  prescribe consideration and conditions for granting an easement 
  3.21  or permit.  Money received by the state under this section must 
  3.22  be credited to the fund to which income or proceeds of sale from 
  3.23  the land would be credited, if provision for the sale is made by 
  3.24  law.  Otherwise, it must be credited to the general fund. 
  3.25     Subd. 6.  [OBTAINING AN EASEMENT.] The commissioner may, 
  3.26  where necessary and appropriate, obtain an easement or permit 
  3.27  over, under, or across nonstate land. 
  3.28     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.29  16B.32, subdivision 2, is amended to read: 
  3.30     Subd. 2.  [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 
  3.31  (a) The commissioner of administration in consultation with the 
  3.32  department of public service, in cooperation with one or more 
  3.33  public utilities or comprehensive energy services providers, may 
  3.34  conduct a shared-savings program involving energy conservation 
  3.35  expenditures on state-owned buildings.  The public utility or 
  3.36  energy services provider shall contract with appropriate state 
  4.1   agencies to implement energy efficiency improvements in the 
  4.2   selected buildings.  A contract must require the public utility 
  4.3   or energy services provider to include all energy efficiency 
  4.4   improvements in selected buildings that are calculated to 
  4.5   achieve a cost payback within ten years.  The contract must 
  4.6   require that the public utility or energy services provider be 
  4.7   repaid solely from energy cost savings and only to the extent of 
  4.8   energy cost savings.  Repayments must be interest-free.  The 
  4.9   goal of the program in this paragraph is to demonstrate that 
  4.10  through effective energy conservation the total energy 
  4.11  consumption per square foot of state-owned and wholly 
  4.12  state-leased buildings could be reduced by at least 25 percent 
  4.13  from consumption in the base year of 1990.  All agencies 
  4.14  participating in the program must report to the commissioner of 
  4.15  administration their monthly energy usage, building schedules, 
  4.16  inventory of energy-consuming equipment, and other information 
  4.17  as needed by the commissioner to manage and evaluate the program.
  4.18     (b) The commissioner may exclude from the program of 
  4.19  paragraph (a) a building in which energy conservation measures 
  4.20  are carried out.  "Energy conservation measures" means measures 
  4.21  that are applied to a state building that improve energy 
  4.22  efficiency and have a simple return of investment in ten years 
  4.23  or within the remaining period of a lease, whichever time is 
  4.24  shorter, and involves energy conservation, conservation 
  4.25  facilities, renewable energy sources, improvements in operations 
  4.26  and maintenance efficiencies, or retrofit activities. 
  4.27     (c) This subdivision expires January 1, 2001 December 31, 
  4.28  2006. 
  4.29     Sec. 4.  Minnesota Statutes 1998, section 16B.33, 
  4.30  subdivision 3, is amended to read: 
  4.31     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  4.32  [APPLICATION.] Upon undertaking a project with an estimated cost 
  4.33  greater than $750,000 $2,000,000 or a planning project with 
  4.34  estimated fees greater than $60,000 $200,000, every user agency, 
  4.35  except the capitol area architectural and planning board, shall 
  4.36  submit a written request for a primary designer for its project 
  5.1   to the commissioner, who shall forward the request to the 
  5.2   board.  The University of Minnesota and the Minnesota state 
  5.3   colleges and universities shall follow the process in 
  5.4   subdivision 3a to select designers for their projects.  The 
  5.5   written request must include a description of the project, the 
  5.6   estimated cost of completing the project, a description of any 
  5.7   special requirements or unique features of the proposed project, 
  5.8   and other information which will assist the board in carrying 
  5.9   out its duties and responsibilities set forth in this section.  
  5.10     (b)  [REACTIVATED PROJECT.] If a project for which a 
  5.11  designer has been selected by the board becomes inactive, 
  5.12  lapses, or changes as a result of project phasing, insufficient 
  5.13  appropriations, or other reasons, the commissioner, the 
  5.14  Minnesota state colleges and universities, or the University of 
  5.15  Minnesota may, if the project is reactivated, retain the same 
  5.16  designer to complete the project.  
  5.17     (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  5.18  project initially estimated to be below the cost and planning 
  5.19  fee limits of this subdivision has its cost or planning fees 
  5.20  revised so that the limits are exceeded, the project must be 
  5.21  referred to the board for designer selection even if a primary 
  5.22  designer has already been selected.  In this event, the board 
  5.23  may, without conducting interviews, elect to retain the 
  5.24  previously selected designer if it determines that the interests 
  5.25  of the state are best served by that decision and shall notify 
  5.26  the commissioner of its determination.  
  5.27     Sec. 5.  Minnesota Statutes 1998, section 16B.335, as 
  5.28  amended by Laws 1999, chapter 86, article 1, section 9, is 
  5.29  amended to read: 
  5.30     16B.335 [REVIEW OF PLANS AND PROJECTS.] 
  5.31     Subdivision 1.  [CONSTRUCTION AND MAJOR REMODELING 
  5.32  DEFINITIONS.] (a) The commissioner, or any other recipient to 
  5.33  whom an appropriation is made to acquire or better public lands 
  5.34  or buildings or other public improvements of a capital nature, 
  5.35  must not prepare final plans and specifications for any 
  5.36  construction, major remodeling, or land acquisition in 
  6.1   anticipation of which the appropriation was made until the 
  6.2   agency that will use the project has presented the program plan 
  6.3   and cost estimates for all elements necessary to complete the 
  6.4   project to the chair of the senate finance committee and the 
  6.5   chair of the house ways and means committee and the chairs have 
  6.6   made their recommendations, and the chair of the house capital 
  6.7   investment committee is notified.  "Construction or major 
  6.8   remodeling" means construction of a new building, a substantial 
  6.9   addition to an existing building, or a substantial change to the 
  6.10  interior configuration of an existing building.  The 
  6.11  presentation must note any significant changes in the work that 
  6.12  will be done, or in its cost, since the appropriation for the 
  6.13  project was enacted or from the predesign submittal.  The 
  6.14  program plans and estimates must be presented for review at 
  6.15  least two weeks before a recommendation is needed.  The 
  6.16  recommendations are advisory only.  Failure or refusal to make a 
  6.17  recommendation is considered a negative recommendation.  The 
  6.18  chairs of the senate finance committee, the house capital 
  6.19  investment committee, and the house ways and means committee 
  6.20  must also be notified whenever there is a substantial change in 
  6.21  a construction or major remodeling project, or in its cost.  As 
  6.22  used in this section, the terms in paragraphs (a) to (e) have 
  6.23  the meanings given them. 
  6.24     (b) Capital projects exempt from the requirements of this 
  6.25  subdivision include demolition or decommissioning of state 
  6.26  assets, hazardous material projects, utility infrastructure 
  6.27  projects, environmental testing, parking lots, exterior 
  6.28  lighting, fencing, highway rest areas, truck stations, storage 
  6.29  facilities not consisting primarily of offices or heated work 
  6.30  areas, roads, bridges, trails, pathways, campgrounds, athletic 
  6.31  fields, dams, floodwater retention systems, water access sites, 
  6.32  harbors, sewer separation projects, water and wastewater 
  6.33  facilities, port development projects for which the commissioner 
  6.34  of transportation has entered into an assistance agreement under 
  6.35  section 457A.04, ice centers, or any other capital project with 
  6.36  a construction cost of less than $500,000.  (a) "Major 
  7.1   construction or major remodeling" means construction of a new 
  7.2   building, a substantial addition to an existing building, or a 
  7.3   substantial change to the interior configuration of an existing 
  7.4   building, for which the total project appropriation or grant is 
  7.5   anticipated to exceed $2,000,000. 
  7.6      (b) "Other capital projects" means projects and grants with 
  7.7   appropriations of $2,000,000 or less, or that are for, or are 
  7.8   similar in type to, the following projects:  facilities not 
  7.9   consisting primarily of offices or heated work areas, 
  7.10  improvements to building exteriors, demolition or 
  7.11  decommissioning of state assets, hazardous material abatement, 
  7.12  environmental testing, landscape elements, parking facilities, 
  7.13  athletic fields, utility infrastructure projects, public utility 
  7.14  facilities, campgrounds and appurtenances, trails and paths, 
  7.15  dams, floodwater retention systems, land and right-of-way 
  7.16  purchases, highway rest areas, roads, bridges, harbors, and port 
  7.17  development projects. 
  7.18     (c) "Predesign" means the first stage in the development of 
  7.19  a project when the purpose, scope, cost, schedule, and other 
  7.20  applicable information contained in the predesign manual is 
  7.21  developed for the complete project prior to the initiation of 
  7.22  design. 
  7.23     (d) "Design" means the stage in the development of a 
  7.24  project during which schematic, design development, and contract 
  7.25  documents are produced. 
  7.26     (e) "Construction" means the stage in development when the 
  7.27  project design is bid and constructed. 
  7.28     Subd. 2.  [OTHER PROJECTS CAPITAL PROJECT REVIEW.] All 
  7.29  other capital projects for which a specific appropriation is 
  7.30  made must not proceed until the recipient undertaking the 
  7.31  project has notified the chair of the senate finance committee, 
  7.32  the chair of the house capital investment committee, and the 
  7.33  chair of the house ways and means committee that the work is 
  7.34  ready to begin.  Notice is not required for capital projects 
  7.35  needed to comply with the Americans with Disabilities Act or 
  7.36  funded by an agency's operating budget or by a capital asset 
  8.1   preservation and replacement account under section 16A.632, or a 
  8.2   higher education capital asset preservation and renewal account 
  8.3   under section 135A.046.  To guide the investment of state 
  8.4   resources and to improve the overall statewide building design, 
  8.5   construction, and operational costs of new or remodeled 
  8.6   facilities, a systematic capital project review process, 
  8.7   including the stages of predesign, design, and construction, 
  8.8   must be used to identify and communicate all components 
  8.9   necessary for well-developed and executed facilities. 
  8.10     Subd. 3.  [PREDESIGN REQUIREMENT MAJOR CONSTRUCTION AND 
  8.11  REMODELING.] The definitions in paragraphs (a) and (b) apply to 
  8.12  this section. 
  8.13     (a) "Predesign" means the stage in the development of a 
  8.14  project during which the purpose, scope, cost, and schedule of 
  8.15  the complete project are defined and instructions to design 
  8.16  professionals are produced.  
  8.17     (b) "Design" means the stage in the development of a 
  8.18  project during which schematic, design development, and contract 
  8.19  documents are produced. 
  8.20     (c) A recipient to whom an appropriation is made for a 
  8.21  project subject to review under subdivision 1 or notice under 
  8.22  subdivision 2 shall prepare a predesign package and submit it to 
  8.23  the commissioner for review and recommendation before proceeding 
  8.24  with design activities.  The commissioner must complete the 
  8.25  review and recommendation within ten working days after 
  8.26  receiving it.  Failure to review and recommend within the ten 
  8.27  days is considered a positive recommendation.  The predesign 
  8.28  package must be sufficient to define the purpose, scope, cost, 
  8.29  and schedule of the project and must demonstrate that the 
  8.30  project has been analyzed according to appropriate space needs 
  8.31  standards.  (a) Three-Stage Project Delivery Process.  All major 
  8.32  construction or major remodeling projects must follow the 
  8.33  three-stage project delivery process of predesign, design, and 
  8.34  construction regardless of funding source or the point in the 
  8.35  project in which funds are appropriated, unless specifically 
  8.36  exempted. 
  9.1      (b) Predesign Recommendation Required.  The commissioner, 
  9.2   or any other recipient to whom an appropriation is made, must 
  9.3   not commence design for any construction or major remodeling in 
  9.4   anticipation of which the appropriation was made until the state 
  9.5   agency responsible for the appropriation has presented the 
  9.6   predesign document and received a positive recommendation from 
  9.7   the commissioner of administration before proceeding with design 
  9.8   activities.  The predesign document must be sufficient to define 
  9.9   the elements in the predesign manual which includes but is not 
  9.10  limited to the purpose, scope, cost, and schedule of the 
  9.11  complete project. 
  9.12     (c) Legislative Notification Required.  The contract 
  9.13  document portion of the design stage, which includes 
  9.14  construction drawings and final specifications, must not begin 
  9.15  until the architectural program, time schedule, and cost plan 
  9.16  are presented to the chairs of the appropriate senate finance 
  9.17  committee and the house of representatives ways and means 
  9.18  committee, and the chair of the house of representatives capital 
  9.19  investment committee is notified.  Whenever there is a 
  9.20  substantial change in the architectural program, time schedule, 
  9.21  or cost plan from that submitted for the predesign 
  9.22  recommendation, notification must be given to the chairs of the 
  9.23  appropriate senate finance committee and the house of 
  9.24  representatives ways and means committee.  The chairs must make 
  9.25  their recommendations as to whether or not to proceed with the 
  9.26  project and the chair of the house capital investment committee 
  9.27  must be notified.  
  9.28     Subd. 4.  [ENERGY CONSERVATION OTHER CAPITAL PROJECTS 
  9.29  EXEMPT.] A recipient to whom a direct appropriation is made for 
  9.30  a capital improvement project shall ensure that the project 
  9.31  complies with the applicable energy conservation standards 
  9.32  contained in law, including sections 216C.19 to 216C.20, and 
  9.33  rules adopted thereunder.  The recipient may use the energy 
  9.34  planning and intervention and energy technologies units of the 
  9.35  department of public service to obtain information and technical 
  9.36  assistance on energy conservation and alternative energy 
 10.1   development relating to the planning and construction of the 
 10.2   capital improvement project.  Projects defined as other capital 
 10.3   projects in subdivision 1 are exempt from the predesign 
 10.4   requirements of this section.  Appropriation recipients who are 
 10.5   undertaking these projects must not proceed until the chairs of 
 10.6   the appropriate senate finance committee, the house of 
 10.7   representatives ways and means committee, and the house of 
 10.8   representatives capital investment committee are notified that 
 10.9   the design stage is ready to begin.  Notice is not required for 
 10.10  capital projects needed to comply with the Americans with 
 10.11  Disabilities Act or funded by an agency's operating budget, by a 
 10.12  capital asset preservation and replacement account (CAPRA) under 
 10.13  section 16A.632, or by a higher education asset preservation and 
 10.14  replacement account (HEAPR) under section 135A.046. 
 10.15     Subd. 5.  [CAPITAL PROJECT GRANTS TO POLITICAL SUBDIVISIONS 
 10.16  OR OTHER GRANT PROGRAMS.] All major construction and remodeling 
 10.17  project grants to political subdivisions of government shall 
 10.18  comply with subdivision 3 unless specifically exempted by law.  
 10.19     Subd. 6.  [REAL PROPERTY ACQUISITION.] The commissioner, or 
 10.20  any other recipient to whom an appropriation is made to acquire 
 10.21  real property, must not acquire real property until the agency 
 10.22  has presented the program plan and cost estimates for the 
 10.23  acquisition to the chairs of the appropriate senate finance 
 10.24  committee and the house of representatives ways and means 
 10.25  committee, and the chair of the house of representatives capital 
 10.26  investment committee is notified. 
 10.27     Subd. 7.  [ENERGY CONSERVATION.] A recipient to whom a 
 10.28  direct appropriation is made for a capital improvement project 
 10.29  shall ensure that the project complies with the applicable 
 10.30  energy conservation standards contained in law, including 
 10.31  sections 216C.19 to 216C.20, and rules adopted under them.  The 
 10.32  recipient may obtain information and technical assistance from 
 10.33  the state energy office in the department of commerce on energy 
 10.34  conservation and alternative energy development relating to the 
 10.35  planning and construction of the capital improvement project. 
 10.36     Subd. 5. 8.  [INFORMATION TECHNOLOGY.] Agency requests for 
 11.1   major construction and major remodeling funds shall include 
 11.2   money for cost-effective information technology investments that 
 11.3   would enable an agency to reduce its need for office space, 
 11.4   provide more of its services electronically, and decentralize 
 11.5   its operations.  The office of technology policy bureau must 
 11.6   review and approve the information technology portion of major 
 11.7   construction and or major remodeling program plans before the 
 11.8   plans are submitted presented to the chairs of the appropriate 
 11.9   senate finance committee and the house of representatives ways 
 11.10  and means committee for their recommendations, and the chair of 
 11.11  the house of representatives capital investment committee is 
 11.12  notified as required by subdivision 1 3. 
 11.13     Subd. 6. 9.  [INFORMATION TECHNOLOGY REVIEW PRECONDITION.] 
 11.14  No state agency or department shall propose and the legislature 
 11.15  shall not consider building or relocation projects without 
 11.16  reviewing implications of utilizing information technology on 
 11.17  space utilization. 
 11.18     Sec. 6.  Minnesota Statutes 1998, section 16B.58, 
 11.19  subdivision 5, is amended to read: 
 11.20     Subd. 5.  [MONEY COLLECTED.] Money collected by the 
 11.21  commissioner as rents, charges, or fees in connection with and 
 11.22  for the use of a parking lot or facility is appropriated to the 
 11.23  commissioner for the purpose of operating, maintaining, 
 11.24  improving, and replacing, and safeguarding parking lots or 
 11.25  facilities owned or operated by the state, including providing 
 11.26  necessary and suitable uniforms for employees, and to carry out 
 11.27  the purposes of this section, except as provided in subdivision 
 11.28  7.  
 11.29     Sec. 7.  Minnesota Statutes 1998, section 16B.58, 
 11.30  subdivision 7, is amended to read: 
 11.31     Subd. 7.  [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.] 
 11.32  The commissioner shall impose a surcharge of 25 percent for 
 11.33  vehicles occupied by only one person parking in a state parking 
 11.34  facility in the capitol area, as described by section 15.50, 
 11.35  subdivision 2.  The revenue from this additional charge shall be 
 11.36  placed by the commissioner in a special account.  For the 
 12.1   benefit of state employees employed in the capitol area, the 
 12.2   money in the account is appropriated to the commissioner and 
 12.3   shall be used by the commissioner in the following order of 
 12.4   priority:  (1) to acquire or lease commuter vans pursuant to 
 12.5   section 16B.56; (2) within limits and upon conditions the 
 12.6   commissioner determines to be necessary, to reimburse state 
 12.7   agencies for all costs resulting from agreements with the 
 12.8   metropolitan transit commission, or its successor, or other 
 12.9   operators pursuant to section 473.409, including costs related 
 12.10  to employees employed outside the capitol area; and to acquire 
 12.11  bus cards or other prepurchased fare devices for use in lieu of 
 12.12  cash fares from Metro Transit or its successor, and other 
 12.13  operators authorized by section 473.409, for resale at a 
 12.14  discounted incentive rate to state employees to encourage 
 12.15  increased transit ridership; (3) to be used for maintaining and 
 12.16  improving promote other alternative transportation modes, 
 12.17  including initiatives to support and increase the use of 
 12.18  multi-occupancy vehicles; and (4) to maintain and improve 
 12.19  parking lots or facilities owned or operated by the 
 12.20  state associated with buildings described in section 16B.24, 
 12.21  subdivision 1, or, when the commissioner approves, any other 
 12.22  parking lots or facilities owned or rented by a state agency or 
 12.23  state employees.  The commissioner may adopt rules necessary to 
 12.24  administer the provisions of this subdivision, subdivision 5, 
 12.25  and section 473.409.  The rules may exempt from the surcharge 
 12.26  vehicles operated by persons whom the commissioner determines 
 12.27  have job requirements that make car or van pooling impractical. 
 12.28     Sec. 8.  Minnesota Statutes 1998, section 16B.85, 
 12.29  subdivision 2, is amended to read: 
 12.30     Subd. 2.  [RISK MANAGEMENT FUND.] (a) All state 
 12.31  agencies, political subdivisions, and the Minnesota state 
 12.32  colleges and universities, may, in cooperation with the 
 12.33  commissioner, participate in insurance programs and other 
 12.34  funding alternative programs provided by the risk management 
 12.35  fund. 
 12.36     (b) When an agency or agencies enter entity described in 
 13.1   paragraph (a) enters into an insurance or self-insurance 
 13.2   program, each agency entity shall contribute the appropriate 
 13.3   share of its costs as determined by the commissioner. 
 13.4      (c) The money in the fund to pay claims arising from state 
 13.5   activities and for administrative costs, including costs for the 
 13.6   adjustment and defense of the claims, is appropriated to the 
 13.7   commissioner. 
 13.8      (d) Interest earned from the investment of money in the 
 13.9   fund shall be credited to the fund and be available to the 
 13.10  commissioner for the expenditures authorized in this subdivision.
 13.11     (e) The fund is exempt from the provisions of section 
 13.12  16A.152, subdivision 4.  In the event that proceeds in the fund 
 13.13  are insufficient to pay outstanding claims and associated 
 13.14  administrative costs, the commissioner, in consultation with the 
 13.15  commissioner of finance, may assess state agencies entities 
 13.16  participating in the fund amounts sufficient to pay the costs.  
 13.17  The commissioner shall determine the proportionate share of the 
 13.18  assessment of each agency entity. 
 13.19     Sec. 9.  Minnesota Statutes 1998, section 16B.85, 
 13.20  subdivision 3, is amended to read: 
 13.21     Subd. 3.  [RESPONSIBILITIES.] The commissioner shall: 
 13.22     (1) review the state's exposure to various types of 
 13.23  potential risks in consultation with affected agencies entities 
 13.24  and advise state agencies them as to the reduction of risk and 
 13.25  fiscal management of those losses; 
 13.26     (2) be responsible for statewide risk management 
 13.27  coordination, evaluation of funding and insuring alternatives, 
 13.28  and the approval of all insurance purchases in consultation with 
 13.29  affected agencies entities; 
 13.30     (3) identify ways to eliminate redundant efforts in the 
 13.31  management of state risk management and insurance programs; 
 13.32     (4) maintain the state risk management information system; 
 13.33  and 
 13.34     (5) administer and maintain the state risk management fund. 
 13.35     Sec. 10.  Minnesota Statutes 1998, section 16C.06, 
 13.36  subdivision 3, is amended to read: 
 14.1      Subd. 3.  [INFORMATION IN BIDS AND PROPOSALS.] (a) Only the 
 14.2   name of the vendor and dollar amounts specified in a response to 
 14.3   a request for bids shall be read at the time of opening.  Only 
 14.4   the name of the responding vendors to all requests for proposals 
 14.5   shall be read at the time of opening.  All other information 
 14.6   contained in a vendor's response to a bid is classified as 
 14.7   nonpublic data, as defined in section 13.02, and remains 
 14.8   nonpublic data until completion of the selection process.  All 
 14.9   other information contained in a vendor's response to a request 
 14.10  for proposal, other than the name of the vendor, is classified 
 14.11  as nonpublic data, as defined in section 13.02, and remains 
 14.12  nonpublic data until the completion of the evaluation process.  
 14.13     (b) All responses are public information at the time of the 
 14.14  award unless otherwise provided for.  All responses and 
 14.15  documents pertaining to the final award of an acquisition must 
 14.16  be retained and made a part of a permanent file or record and 
 14.17  remain open to public inspection, after award, unless otherwise 
 14.18  provided for by law. 
 14.19     (c) If the commissioner rejects all responses to a 
 14.20  solicitation, information in the responses, other than the 
 14.21  information made public pursuant to paragraph (a), remains 
 14.22  nonpublic data, as defined in section 13.02, until a selection 
 14.23  is made based on responses to a resolicitation of bids, the 
 14.24  evaluation process is completed based on responses to a 
 14.25  resolicitation of a request for proposal, or upon a 
 14.26  determination to abandon the purchase. 
 14.27     Sec. 11.  Minnesota Statutes 1998, section 16C.08, 
 14.28  subdivision 3, is amended to read: 
 14.29     Subd. 3.  [PROCEDURE FOR PROFESSIONAL OR TECHNICAL SERVICES 
 14.30  CONTRACTS.] Before approving a proposed contract for 
 14.31  professional or technical services, the commissioner must 
 14.32  determine, at least, that: 
 14.33     (1) all provisions of subdivision 2 and section 16C.16 have 
 14.34  been verified or complied with; 
 14.35     (2) the work to be performed under the contract is 
 14.36  necessary to the agency's achievement of its statutory 
 15.1   responsibilities and there is statutory authority to enter into 
 15.2   the contract; 
 15.3      (3) the contract will not establish an employment 
 15.4   relationship between the state or the agency and any persons 
 15.5   performing under the contract; 
 15.6      (4) the contractor and agents are not employees of the 
 15.7   state; 
 15.8      (5) no agency has previously performed or contracted for 
 15.9   the performance of tasks which would be substantially duplicated 
 15.10  under the proposed contract; 
 15.11     (6) the contracting agency has specified a satisfactory 
 15.12  method of evaluating and using the results of the work to be 
 15.13  performed; and 
 15.14     (7) the combined contract and amendments will not exceed 
 15.15  five years without specific, written approval by the 
 15.16  commissioner according to established policy, procedures, and 
 15.17  standards, or unless otherwise provided for by law.  The term of 
 15.18  the original contract must not exceed two years unless the 
 15.19  commissioner determines that a longer duration is in the best 
 15.20  interest of the state.  
 15.21     Sec. 12.  Minnesota Statutes 1999 Supplement, section 
 15.22  16C.081, is amended to read: 
 15.23     16C.081 [EXCEPTION FOR FEDERAL CONTRACTS.] 
 15.24     Notwithstanding any law to the contrary, the commissioner 
 15.25  of transportation, commissioner of the pollution control agency, 
 15.26  or commissioner of natural resources an agency may, when 
 15.27  required by a federal agency entering into an intergovernmental 
 15.28  contract, negotiate contract terms providing for full or partial 
 15.29  prepayment to the federal agency before work is performed or 
 15.30  services are provided. 
 15.31     Sec. 13.  Minnesota Statutes 1999 Supplement, section 
 15.32  138.35, subdivision 1, is amended to read: 
 15.33     Subdivision 1.  [APPOINTMENT.] The state archaeologist 
 15.34  shall be a qualified professional archaeologist appointed by the 
 15.35  commissioner of administration in consultation with, as needed, 
 15.36  the executive council of the Minnesota historical society, the 
 16.1   Indian affairs council, the department of transportation, the 
 16.2   state academic community, and other interested parties to 
 16.3   perform the duties in sections 138.31 to 138.42.  
 16.4      Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 16.5   138.35, subdivision 1a, is amended to read: 
 16.6      Subd. 1a.  [ADMINISTRATIVE SUPPORT; STAFF.] The 
 16.7   commissioner of administration shall provide the state 
 16.8   archaeologist with necessary administrative services.  State 
 16.9   agencies shall provide the state archaeologist upon request with 
 16.10  advisory staff services on matters relating to the duties and 
 16.11  jurisdiction of the state archaeologist.  The state 
 16.12  archaeologist shall may hire staff and maintain offices as 
 16.13  necessary to perform the duties in sections 138.31 to 138.42.  
 16.14     Sec. 15.  Laws 1996, chapter 463, section 13, subdivision 
 16.15  9, is amended to read: 
 16.16  Subd. 9.  Support Services
 16.17  Facility                                              2,000,000
 16.18  To acquire land for print 
 16.19  communications, micrographics, records 
 16.20  center, and central stores.  This 
 16.21  appropriation is not available until 
 16.22  the report required by subdivision 10 
 16.23  has been completed.  To acquire 
 16.24  properties to meet state property 
 16.25  needs.  This appropriation may also be 
 16.26  used to improve properties, demolish 
 16.27  any vacant buildings, or develop 
 16.28  temporary parking on state-owned land 
 16.29  under the custodial control of the 
 16.30  department of administration.  
 16.31     Sec. 16.  Laws 1996, chapter 463, section 15, subdivision 
 16.32  4, is amended to read: 
 16.33  Subd. 4.  Armory Facility and Ramp Property Acquisition 220,000
 16.34  This appropriation is from the general 
 16.35  fund to the commissioner of 
 16.36  administration for purchasing options 
 16.37  for land for a military affairs 
 16.38  facility and parking ramp in the 
 16.39  capitol area as defined in Minnesota 
 16.40  statutes, section 15.50 or to acquire 
 16.41  properties to meet state development 
 16.42  needs.  For this purpose, the 
 16.43  commissioner of administration may also 
 16.44  use unencumbered balances of prior land 
 16.45  acquisition appropriations to the 
 16.46  commissioner This appropriation may 
 16.47  also be used to improve properties, 
 16.48  demolish any vacant buildings, or 
 16.49  develop temporary parking on 
 16.50  state-owned land under the custodial 
 16.51  control of the department of 
 17.1   administration. 
 17.2      Sec. 17.  Laws 1998, chapter 386, article 1, section 35, is 
 17.3   amended to read: 
 17.4      Sec. 35.  [REPEALER.] 
 17.5      Minnesota Statutes 1996, sections 16B.06; 16B.07; 16B.08; 
 17.6   16B.09; 16B.101; 16B.102; 16B.103; 16B.123; 16B.13; 16B.14; 
 17.7   16B.15; 16B.16; 16B.167; 16B.17; 16B.175; 16B.18, subdivisions 
 17.8   1, 2, and 4; 16B.185; 16B.19; 16B.20, subdivisions 1 and 3; 
 17.9   16B.21; 16B.22; 16B.226; 16B.227; 16B.23; 16B.28; 16B.29; and 
 17.10  16B.89; and Minnesota Statutes 1997 Supplement, sections 16B.18, 
 17.11  subdivision 3; and 16B.20, subdivision 2; and 16B.482, are 
 17.12  repealed. 
 17.13     Sec. 18.  Laws 1998, chapter 404, section 13, subdivision 
 17.14  10, is amended to read: 
 17.15  Subd. 10.  Real Property Acquisition                  2,800,000 
 17.16  This appropriation is from the general 
 17.17  fund for acquisition of land and to 
 17.18  purchase options in order to hold 
 17.19  properties that meet state development 
 17.20  needs.  This appropriation may also be 
 17.21  used to demolish buildings located on 
 17.22  any lands acquired and to develop 
 17.23  temporary parking. 
 17.24     Sec. 19.  Laws 1999, chapter 250, article 1, section 12, 
 17.25  subdivision 5, is amended to read: 
 17.26  Subd. 5.  Facilities Management 
 17.27       11,602,000     9,418,000
 17.28  $5,447,000 the first year and 
 17.29  $5,460,000 the second year are for 
 17.30  office space costs of the legislature 
 17.31  and veterans organizations, for 
 17.32  ceremonial space, and for statutorily 
 17.33  free space. 
 17.34  $1,672,000 the first year is to 
 17.35  demolish the capitol square building 
 17.36  and restructure the site as a temporary 
 17.37  parking lot.  Any remaining balance of 
 17.38  this appropriation may also be used to 
 17.39  improve properties, demolish any vacant 
 17.40  buildings, or develop temporary parking 
 17.41  on state-owned land under the custodial 
 17.42  control of the department of 
 17.43  administration. 
 17.44  $520,000 the first year is to rebuild 
 17.45  and upgrade electronic security systems 
 17.46  in the capitol complex.  The 
 17.47  commissioner shall report on the 
 17.48  progress of this project to the chairs 
 17.49  of the legislative committees 
 18.1   responsible for this budget item by 
 18.2   January 15, 2000. 
 18.3   The commissioner of administration 
 18.4   shall install on the automatically 
 18.5   operated landscape irrigation system in 
 18.6   the capitol area a device, commonly 
 18.7   known as a rain check, to prevent the 
 18.8   system from being activated when a 
 18.9   predetermined amount of precipitation 
 18.10  has accumulated. 
 18.11     Sec. 20.  [REINSTATEMENT OF SECTION 16B.482.] 
 18.12     Notwithstanding Minnesota Statutes, section 645.36, 
 18.13  Minnesota Statutes 1997 Supplement, section 16B.482, is 
 18.14  reinstated.  
 18.15     Sec. 21.  [REPEALER.] 
 18.16     Minnesota Statutes 1999 Supplement, section 16B.415, is 
 18.17  repealed. 
 18.18     Sec. 22.  [EFFECTIVE DATE.] 
 18.19     Sections 13 to 20 are effective on the day following final 
 18.20  enactment.