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Office of the Revisor of Statutes

HF 1160

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/20/2013 09:19 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act 1.2relating to capital investment; authorizing spending to acquire and better public 1.3land and buildings and other improvements of a capital nature with certain 1.4conditions;amending Minnesota Statutes 2012, section 16B.24, subdivision 5. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. new text begin CAPITAL IMPROVEMENT APPROPRIATIONS.new text end
1.7new text begin The sums shown in the column under "Appropriations" are appropriated from the new text end 1.8new text begin bond proceeds fund, or another named fund, to the state agencies or officials indicated, new text end 1.9new text begin to be spent for public purposes. Appropriations of bond proceeds must be spent as new text end 1.10new text begin authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire new text end 1.11new text begin and better public land and buildings and other public improvements of a capital nature or new text end 1.12new text begin as authorized by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), new text end 1.13new text begin or article XIV. Unless otherwise specified, money appropriated in this act for a capital new text end 1.14new text begin program or project may be used to pay state agency staff costs that are attributed directly new text end 1.15new text begin to the capital program or project in accordance with accounting policies adopted by the new text end 1.16new text begin commissioner of management and budget. Unless otherwise specified, the appropriations new text end 1.17new text begin in this act are available until the project is completed or abandoned subject to Minnesota new text end 1.18new text begin Statutes, section 16A.642.new text end 1.19 new text begin SUMMARYnew text end 1.20 new text begin Administrationnew text end new text begin 131,680,000new text end 1.21 new text begin Bond Sale Expensesnew text end new text begin 132,000new text end 1.22 new text begin Cancellations; Reductionsnew text end new text begin (2,000,000)new text end 1.23 new text begin TOTALnew text end new text begin $new text end new text begin 129,812,000new text end 1.24 new text begin Bond Proceeds Fund (General Fund Debt Service)new text end new text begin 109,132,000new text end 2.1 new text begin Bond Proceeds Fund (User Financed Debt Service)new text end new text begin 22,680,000new text end 2.2 new text begin Bond Proceeds Cancellationsnew text end new text begin (2,000,000)new text end
2.3 new text begin APPROPRIATIONSnew text end
2.4 Sec. 2. new text begin ADMINISTRATIONnew text end
2.5 new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end new text begin 131,680,000new text end
2.6new text begin To the commissioner of administration for new text end 2.7new text begin the purposes specified in this section.new text end 2.8 new text begin Subd. 2.new text end new text begin Capitol Renovation and Restorationnew text end new text begin 109,000,000new text end
2.9new text begin This appropriation may be used for one or new text end 2.10new text begin more of the following purposes:new text end 2.11new text begin (1) to complete the design of, and to new text end 2.12new text begin construct, repair, improve, renovate, restore, new text end 2.13new text begin furnish, and equip the State Capitol building new text end 2.14new text begin and grounds; including but not limited new text end 2.15new text begin to exterior stone repairs and window new text end 2.16new text begin replacement; asbestos and hazardous new text end 2.17new text begin materials abatement; mechanical, electrical, new text end 2.18new text begin plumbing, and security systems replacement; new text end 2.19new text begin general construction, including but not new text end 2.20new text begin limited to demolition, site improvements, life new text end 2.21new text begin safety improvements, accessibility, security new text end 2.22new text begin and telecommunications; roof replacement; new text end 2.23new text begin and finish work; andnew text end 2.24new text begin (2) to predesign, design, conduct hazardous new text end 2.25new text begin materials abatement, construct, repair, new text end 2.26new text begin renovate, remodel, furnish, and equip new text end 2.27new text begin the State Office Building, Administration new text end 2.28new text begin Building, Centennial Office Building, 321 new text end 2.29new text begin Grove Street Building, and other buildings new text end 2.30new text begin and parking facilities located on the Capitol new text end 2.31new text begin campus as determined by the commissioner new text end 2.32new text begin of administration to meet temporary and new text end 2.33new text begin permanent office, storage, parking, and other new text end 2.34new text begin space needs occasioned by and in furtherance new text end 3.1new text begin of an efficient restoration of the State Capitol new text end 3.2new text begin Building and for the efficient and effective new text end 3.3new text begin function of the tenants currently located in new text end 3.4new text begin the Capitol Building.new text end 3.5new text begin The commissioner must incorporate life new text end 3.6new text begin safety (Tier 1), water management (Tier 2), new text end 3.7new text begin and selective restoration of architectural new text end 3.8new text begin features (Tier 3), as described in the new text end 3.9new text begin Minnesota State Capitol Exterior Stone new text end 3.10new text begin Repair Project report dated May 8, 2013, new text end 3.11new text begin into repair work on the exterior stone new text end 3.12new text begin of the Capitol that is funded under this new text end 3.13new text begin appropriation.new text end 3.14new text begin The commissioner of administration must not new text end 3.15new text begin construct or place any permanent building, new text end 3.16new text begin structure, or facility for offices, parking, new text end 3.17new text begin storage, or other use, in the area commonly new text end 3.18new text begin known as Leif Erikson Park in the Capitol new text end 3.19new text begin complex.new text end 3.20 new text begin Subd. 3.new text end new text begin Tenant approvalnew text end
3.21new text begin (a) The commissioner of administration must new text end 3.22new text begin not prepare final plans and specifications new text end 3.23new text begin for any construction authorized under new text end 3.24new text begin subdivision 2 until the program plan and new text end 3.25new text begin cost estimates for all elements necessary to new text end 3.26new text begin complete the project have been approved by new text end 3.27new text begin each tenant representative as to the space new text end 3.28new text begin proposed for that tenant. The program new text end 3.29new text begin plans and cost estimates must be presented new text end 3.30new text begin to a tenant representative at least 30 days new text end 3.31new text begin before the approval is needed from that new text end 3.32new text begin representative. In addition, the appropriation new text end 3.33new text begin in House File No. 677, article 12, section new text end 3.34new text begin 22, if enacted, is not available for relocation new text end 3.35new text begin of a tenant until that tenant representative new text end 4.1new text begin approves a relocation plan submitted by new text end 4.2new text begin the commissioner of administration for that new text end 4.3new text begin tenant at least ten days before approval new text end 4.4new text begin is needed from that representative. The new text end 4.5new text begin relocation plan shall:new text end 4.6new text begin (1) describe when each person who currently new text end 4.7new text begin occupies office space located in the Capitol new text end 4.8new text begin building will be moved out of the Capitol new text end 4.9new text begin building;new text end 4.10new text begin (2) identify the building and office space new text end 4.11new text begin assigned to each person relocated during new text end 4.12new text begin renovation of the Capitol building;new text end 4.13new text begin (3) identify the parking spaces that will be new text end 4.14new text begin assigned to each person relocated during new text end 4.15new text begin renovation, including the funding mechanism new text end 4.16new text begin for any new parking spaces;new text end 4.17new text begin (4) state when each person relocated new text end 4.18new text begin during renovation will be moved back into new text end 4.19new text begin permanent office space and where the office new text end 4.20new text begin space will be located; andnew text end 4.21new text begin (5) include a written, signed tenant agreement new text end 4.22new text begin for tenancy in the Capitol building after new text end 4.23new text begin renovation.new text end 4.24new text begin For the purposes of this paragraph, "tenant new text end 4.25new text begin representative" includes the secretary of the new text end 4.26new text begin senate, on behalf of the senate; the chief clerk new text end 4.27new text begin of the house of representatives, on behalf of new text end 4.28new text begin the house of representatives; the governor; new text end 4.29new text begin the court administrator, on behalf of the new text end 4.30new text begin judicial branch; and the attorney general, on new text end 4.31new text begin behalf of the attorney general's office.new text end 4.32new text begin (b) The commissioner of administration new text end 4.33new text begin must not install new windows in the Capitol new text end 4.34new text begin building office spaces that cannot be opened new text end 5.1new text begin by the tenants of the building, unless new text end 5.2new text begin otherwise approved by a tenant occupying new text end 5.3new text begin an office.new text end 5.4new text begin (c) The commissioner of administration shall new text end 5.5new text begin consult and collaborate with the director new text end 5.6new text begin of the Historical Society on plans and new text end 5.7new text begin specifications for construction authorized new text end 5.8new text begin under subdivision 2.new text end 5.9 new text begin Subd. 4.new text end new text begin Parking Facilitiesnew text end new text begin 22,680,000new text end
5.10new text begin To design, construct, furnish, and equip new text end 5.11new text begin one or more parking facilities in the new text end 5.12new text begin Capitol complex to accommodate up to new text end 5.13new text begin approximately 880 parking stalls, with a net new text end 5.14new text begin replacement of approximately 675 parking new text end 5.15new text begin stalls, including to address temporary parking new text end 5.16new text begin needed during construction of permanent new text end 5.17new text begin parking facilities. new text end 5.18new text begin The parking facilities developed with new text end 5.19new text begin this appropriation are exempt from the new text end 5.20new text begin requirements for design competition under new text end 5.21new text begin Minnesota Statutes, section 15B.10. new text end 5.22new text begin Notwithstanding any law to the contrary, new text end 5.23new text begin under Minnesota Statutes, sections 16C.32 new text end 5.24new text begin and 16C.33, if the commissioner elects to new text end 5.25new text begin utilize a design-build delivery method to new text end 5.26new text begin design and construct one or more parking new text end 5.27new text begin facilities with this appropriation, the Capital new text end 5.28new text begin Area Architectural and Planning Board, in new text end 5.29new text begin cooperation with the commissioner, shall new text end 5.30new text begin create a selection committee to act as the new text end 5.31new text begin board under Minnesota Statutes, sections new text end 5.32new text begin 16C.32 and 16C.33. Notwithstanding new text end 5.33new text begin Minnesota Statutes, section 16B.33, if the new text end 5.34new text begin commissioner elects to contract with a new text end 5.35new text begin primary designer to design one or more new text end 6.1new text begin parking facilities with this appropriation, new text end 6.2new text begin the Capital Area Architectural and Planning new text end 6.3new text begin Board, in cooperation with the commissioner, new text end 6.4new text begin shall create a selection committee to conduct new text end 6.5new text begin the selection process in accordance with the new text end 6.6new text begin standards in Minnesota Statutes, chapters new text end 6.7new text begin 15B and 16B. Notwithstanding Minnesota new text end 6.8new text begin Statutes, section 16C.33, subdivision 5, new text end 6.9new text begin paragraph (b), after obtaining and evaluating new text end 6.10new text begin qualifications from each design-builder, new text end 6.11new text begin in accordance with the weighted criteria new text end 6.12new text begin and subcriteria and procedures set forth in new text end 6.13new text begin the request for qualifications, the selection new text end 6.14new text begin committee shall select a short list of up to new text end 6.15new text begin five proposals.new text end 6.16new text begin If the commissioner does not receive any new text end 6.17new text begin proposals, the commissioner may either new text end 6.18new text begin (1) solicit new proposals, (2) revise the new text end 6.19new text begin request for qualifications and thereafter new text end 6.20new text begin solicit new proposals using the revised new text end 6.21new text begin request for qualifications, or (3) request new text end 6.22new text begin selection of a primary designer pursuant to new text end 6.23new text begin Minnesota Statutes, section 16B.33, 16C.08, new text end 6.24new text begin or 16C.095, and proceed with competitive new text end 6.25new text begin bidding pursuant to Minnesota Statutes, new text end 6.26new text begin sections 16C.25 to 16C.29.new text end 6.27new text begin The bond debt will be user-financed from new text end 6.28new text begin parking fees collected and deposited into new text end 6.29new text begin the state parking account under Minnesota new text end 6.30new text begin Statutes, section 16A.643.new text end 6.31 Sec. 3. new text begin BOND SALE EXPENSESnew text end new text begin $new text end new text begin 132,000new text end
6.32new text begin To the commissioner of management new text end 6.33new text begin and budget for bond sale expenses under new text end 6.34new text begin Minnesota Statutes, section 16A.641, new text end 6.35new text begin subdivision 8.new text end 7.1    Sec. 4. new text begin BOND SALE SCHEDULE.new text end 7.2new text begin The commissioner of management and budget shall schedule the sale of state new text end 7.3new text begin general obligation bonds so that, during the biennium ending June 30, 2015, no more new text end 7.4new text begin than $1,275,500,000 will need to be transferred from the general fund to the state bond new text end 7.5new text begin fund to pay principal and interest due and to become due on outstanding state general new text end 7.6new text begin obligation bonds. During the biennium, before each sale of state general obligation bonds, new text end 7.7new text begin the commissioner of management and budget shall calculate the amount of debt service new text end 7.8new text begin payments needed on bonds previously issued and shall estimate the amount of debt service new text end 7.9new text begin payments that will be needed on the bonds scheduled to be sold. The commissioner shall new text end 7.10new text begin adjust the amount of bonds scheduled to be sold so as to remain within the limit set by this new text end 7.11new text begin section. The amount needed to make the debt service payments is appropriated from the new text end 7.12new text begin general fund as provided in Minnesota Statutes, section 16A.641.new text end 7.13    Sec. 5. new text begin BOND SALE AUTHORIZATION.new text end 7.14new text begin To provide the money appropriated in this act from the bond proceeds fund, the new text end 7.15new text begin commissioner of management and budget shall sell and issue bonds of the state in an new text end 7.16new text begin amount up to $131,812,000 in the manner, upon the terms, and with the effect prescribed new text end 7.17new text begin by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, new text end 7.18new text begin article XI, sections 4 to 7.new text end 7.19    Sec. 6. new text begin CANCELLATION; BOND SALE AUTHORIZATION REDUCTION.new text end 7.20new text begin The $2,000,000 appropriation in Laws 2009, chapter 93, article 1, section 11, new text end 7.21new text begin subdivision 7, for the Alexandria aircraft surveillance facility, is canceled. The bond sale new text end 7.22new text begin authorization in Laws 2009, chapter 93, article 1, section 21, subdivision 1, is reduced new text end 7.23new text begin by $2,000,000.new text end 7.24    Sec. 7. Minnesota Statutes 2012, section 16B.24, subdivision 5, is amended to read: 7.25    Subd. 5. Renting out state property. (a) Authority. The commissioner may rent 7.26out state property, real or personal, that is not needed for public use, if the rental is not 7.27otherwise provided for or prohibited by law. The property may not be rented out for 7.28more than five years at a time without the approval of the State Executive Council and 7.29may never be rented out for more than 25 years. A rental agreement may provide that 7.30the state will reimburse a tenant for a portion of capital improvements that the tenant 7.31makes to state real property if the state does not permit the tenant to renew the lease at 7.32the end of the rental agreement. 8.1    (b) Restrictions. Paragraph (a) does not apply to state trust fund lands, other state 8.2lands under the jurisdiction of the Department of Natural Resources, lands forfeited for 8.3delinquent taxes, or lands acquired under section 298.22. 8.4    (c) Rental of living accommodations. The commissioner shall establish rental rates 8.5for all living accommodations provided by the state for its employees. Money collected as 8.6rent by state agencies pursuant to this paragraph must be deposited in the state treasury 8.7and credited to the general fund. 8.8    (d) Lease of space in certain state buildings to state agencies. The commissioner 8.9may lease portions of the state-owned buildings under the custodial control of the 8.10commissioner to state agencies and the court administrator on behalf of the judicial branch 8.11of state government and charge rent on the basis of space occupied. Notwithstanding any 8.12law to the contrary, all money collected as rent pursuant to the terms of this section shall 8.13be deposited in the state treasury. Money collected as rent to recover the bond interest 8.14costs of a building funded from the state bond proceeds fund shall be credited to the 8.15general fund. Money collected as rent to recover the depreciation costs of a building 8.16funded from the state bond proceeds fund and money collected as rent to recover capital 8.17expenditures from capital asset preservation and replacement appropriations and statewide 8.18building access appropriations shall be credited to a segregated asset preservation and 8.19replacement account in a special revenue fund. Fifty percent of the money credited to the 8.20account each fiscal year must be transferred to the general fund. The remaining money 8.21in the account is appropriated to the commissioner to be expended for asset preservation 8.22projects as determined by the commissioner. Money collected as rent to recover the 8.23depreciation and interest costs of a building built with other state dedicated funds shall 8.24be credited to the dedicated fund which funded the original acquisition or construction. 8.25All other money received shall be credited to the general services revolving fund.new text begin The new text end 8.26new text begin commissioner shall not collect rent to recover bond interest costs or building depreciation new text end 8.27new text begin costs for any appropriations utilized for the Capitol restoration project, between calendar new text end 8.28new text begin years 2012 and 2017.new text end 8.29    (e) Lease of space in Andersen and Freeman buildings. The commissioner may 8.30lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies 8.31and charge rent on the basis of space occupied. Money collected as rent under this 8.32paragraph to fund future building repairs must be credited to a segregated account for each 8.33building in the special revenue fund and is appropriated to the commissioner to make 8.34the repairs. When the state acquires title to each building, the account for that building 8.35must be abolished and any balance remaining in the account must be transferred to the 8.36appropriate asset preservation and replacement account created under paragraph (d). 9.1    Sec. 8. new text begin EFFECTIVE DATE.new text end 9.2new text begin This act is effective the day following final enactment.new text end