HF 80

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/08/2019 11:47am

A bill for an act
relating to capital investment; changing the source of funding for previously
authorized capital projects; authorizing spending to acquire and better public land
and buildings and other improvements of a capital nature with certain conditions;
authorizing the sale and issuance of state bonds; appropriating money; modifying
prior appropriations; amending Minnesota Statutes 2018, sections 116P.08,
subdivision 1; 161.088, subdivision 2; Laws 2018, chapter 214, article 1, sections
16, subdivisions 2, 7, 11; 17, subdivision 7; 21, subdivision 28; 22, subdivision 4;
25, subdivision 3; 26, subdivision 1; article 3, sections 7, subdivision 1; 11; 13;
14; 15; repealing Minnesota Statutes 2018, section 16A.969; Laws 2018, chapter
214, article 3, sections 7, subdivision 2; 8, subdivision 2; 9, subdivision 2; 10,
subdivision 2; article 6, section 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin CAPITAL IMPROVEMENT APPROPRIATIONS. new text end

new text begin The sums shown in the column under "Appropriations" are appropriated from the bond
proceeds fund, or another named fund, to the state agencies or officials indicated, to be
spent for public purposes. Appropriations of bond proceeds must be spent as authorized by
the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire and better public
land and buildings and other public improvements of a capital nature, or as authorized by
the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or article XIV. Unless
otherwise specified, money appropriated in this act:
new text end

new text begin (1) may be used to pay state agency staff costs that are attributed directly to the capital
program or project in accordance with accounting policies adopted by the commissioner of
management and budget;
new text end

new text begin (2) is available until the project is completed or abandoned subject to Minnesota Statutes,
section 16A.642;
new text end

new text begin (3) for activities under Minnesota Statutes, sections 16B.307, 84.946, and 135A.046,
should not be used for projects that can be financed within a reasonable time frame under
Minnesota Statutes, section 16B.322 or 16C.144; and
new text end

new text begin (4) is available for a grant to a political subdivision after the commissioner of management
and budget determines that an amount sufficient to complete the project as described in this
act has been committed to the project, as required by Minnesota Statutes, section 16A.502.
new text end

new text begin APPROPRIATIONS new text end

Sec. 2. new text begin NATURAL RESOURCES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 13,000,000 new text end

new text begin (a) To the commissioner of natural resources
for the purposes specified in this section.
new text end

new text begin (b) The appropriations in this section are
subject to the requirements of the natural
resources capital improvement program under
Minnesota Statutes, section 86A.12, unless
this section or the statutes referred to in this
section provide more specific standards,
criteria, or priorities for projects than
Minnesota Statutes, section 86A.12.
new text end

new text begin Subd. 2. new text end new text begin Natural Resources Asset Preservation new text end

new text begin 3,419,000 new text end

new text begin For the renovation of state-owned facilities
and recreational assets operated by the
commissioner of natural resources to be spent
in accordance with Minnesota Statutes, section
84.946. Notwithstanding Minnesota Statutes,
section 84.946, the commissioner may use this
appropriation to replace buildings if,
considering the embedded energy in the
building, that is the most energy-efficient and
carbon-reducing method of renovation.
new text end

new text begin Subd. 3. new text end new text begin Elk River - Lake Orono new text end

new text begin 1,500,000 new text end

new text begin For a grant to the city of Elk River to dredge
Lake Orono.
new text end

new text begin Subd. 4. new text end new text begin Lake Redwood Reclamation new text end

new text begin 7,300,000 new text end

new text begin For a grant to the Redwood-Cottonwood
Rivers Control Area, a joint powers entity, to
predesign, design, construct, and equip the
reservoir reclamation and enhancement of the
66-acre Lake Redwood Reservoir, to remove
approximately 650,000 cubic yards of
sediment and increase its depth from
approximately 2.8 feet to 20 feet in order to
secure renewable energy capacity of the
hydroelectric dam which is impeded by lack
of water capacity, reduce the flow of pollutants
to the Minnesota River, increase fish habitat,
and enhance recreational opportunities.
new text end

new text begin Subd. 5. new text end new text begin South St. Paul - Seidl's Lake new text end

new text begin 781,000 new text end

new text begin For a grant to the city of South St. Paul for
capital improvements to improve the water
quality of Seidl's Lake. The capital
improvements include design, engineering,
construction, and equipping of a storm water
lift station to discharge excess storm water
into the city of South St. Paul's storm sewer
system to minimize the fluctuating water
levels of the lake. This project may be
implemented jointly by the cities of South St.
Paul, Inver Grove Heights, and West St. Paul.
new text end

Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end

new text begin $ new text end

new text begin 10,300,000 new text end

new text begin To the Pollution Control Agency to design
and construct remedial systems, including
cleanup and removal of a leaking hazardous
waste pit and protection of groundwater, at
the Waste Disposal Engineering site in Anoka
County in accordance with the closed landfill
program under Minnesota Statutes, sections
115B.39 to 115B.42.
new text end

Sec. 4. new text begin BOARD OF WATER AND SOIL RESOURCES new text end

new text begin $ new text end

new text begin 10,000,000 new text end

new text begin (a) To the Board of Water and Soil Resources
to acquire conservation easements from
landowners to preserve, restore, create, and
enhance wetlands and associated uplands of
prairie and grasslands, and restore and enhance
rivers and streams, riparian lands, and
associated uplands of prairie and grasslands
in order to protect soil and water quality,
support fish and wildlife habitat, reduce flood
damage, and provide other public benefits.
The provisions of Minnesota Statutes, section
103F.515, apply to this program.
new text end

new text begin (b) The board shall give priority to leveraging
federal money by enrolling targeted new lands
or enrolling environmentally sensitive lands
that have expiring federal conservation
agreements.
new text end

new text begin (c) The board is authorized to enter into new
agreements and amend past agreements with
landowners as required by Minnesota Statutes,
section 103F.515, subdivision 5, to allow for
restoration.
new text end

new text begin (d) Of this appropriation, up to five percent
may be used for restoration, rehabilitation, and
enhancement, and no more than $1,000,000
may be used to acquire working lands
easements.
new text end

Sec. 5. new text begin METROPOLITAN COUNCIL new text end

new text begin $ new text end

new text begin 10,000,000 new text end

new text begin To the Metropolitan Council for the cost of
improvements and betterments of a capital
nature and acquisition by the council and local
government units of regional recreational
open-space lands in accordance with the
council's policy plan as provided in Minnesota
Statutes, section 473.147. This appropriation
must not be used to purchase easements.
new text end

Sec. 6. new text begin PUBLIC FACILITIES AUTHORITY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 59,000,000 new text end

new text begin To the Public Facilities Authority for the
purposes specified in this section.
new text end

new text begin Subd. 2. new text end new text begin State Match for Federal Grants new text end

new text begin 6,000,000 new text end

new text begin To match federal grants for the clean water
revolving fund for wastewater treatment under
Minnesota Statutes, section 446A.07. This
appropriation must be used for qualified
capital projects.
new text end

new text begin Subd. 3. new text end new text begin Water Infrastructure Funding Program new text end

new text begin 14,652,000 new text end

new text begin For grants to eligible municipalities under the
wastewater infrastructure funding program
under Minnesota Statutes, section 446A.072,
for wastewater projects listed on the Pollution
Control Agency's project priority list in the
fundable range under the clean water revolving
fund program.
new text end

new text begin Subd. 4. new text end new text begin Point Source Implementation Grants Program new text end

new text begin 38,348,000 new text end

new text begin For grants to eligible municipalities under the
point source implementation grants program
under Minnesota Statutes, section 446A.073.
This appropriation must be used for qualified
capital projects.
new text end

Sec. 7. new text begin BOND SALE EXPENSES new text end

new text begin $ new text end

new text begin 102,000 new text end

new text begin To the commissioner of management and
budget for bond sale expenses under
Minnesota Statutes, section 16A.641,
subdivision 8.
new text end

Sec. 8. new text begin BOND SALE AUTHORIZATION.
new text end

new text begin To provide the money appropriated in this act from the bond proceeds fund, the
commissioner of management and budget shall sell and issue bonds of the state in an amount
up to $102,402,000 in the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article
XI, sections 4 to 7.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 16A.969, new text end new text begin and new text end new text begin Laws 2018, chapter 214, article 6, section
4, new text end new text begin are repealed.
new text end

Sec. 10.

Minnesota Statutes 2018, section 116P.08, subdivision 1, is amended to read:

Subdivision 1.

Expenditures.

(a) Money in the trust fund may be spent only for:

(1) the reinvest in Minnesota program as provided in section 84.95, subdivision 2;

(2) research that contributes to increasing the effectiveness of protecting or managing
the state's environment or natural resources;

(3) collection and analysis of information that assists in developing the state's
environmental and natural resources policies;

(4) enhancement of public education, awareness, and understanding necessary for the
protection, conservation, restoration, and enhancement of air, land, water, forests, fish,
wildlife, and other natural resources;

(5) capital projects for the preservation and protection of unique natural resources;

(6) activities that preserve or enhance fish, wildlife, land, air, water, and other natural
resources that otherwise may be substantially impaired or destroyed in any area of the state;

(7) administrative and investment expenses incurred by the State Board of Investment
in investing deposits to the trust fund; new text begin and
new text end

(8) administrative expenses subject to the limits in section 116P.09 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (9) to pay principal and interest on special appropriation trust fund bonds issued pursuant
to section 16A.969 and other law.
deleted text end

(b) In making recommendations for expenditures from the trust fund, the commission
shall give priority to funding programs and projects under paragraph (a), clauses (1) and
(6). Any requests for proposals issued by the commission shall clearly indicate these
priorities.

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 2

CORRECTIONS TO 2018 ACT

Section 1.

Minnesota Statutes 2018, section 161.088, subdivision 2, is amended to read:

Subd. 2.

Program authority; funding.

(a) As provided in this section, the commissioner
shall establish a corridors of commerce program for trunk highway construction,
reconstruction, and improvement, including maintenance operations, that improves commerce
in the state.

(b) The commissioner may expend funds under the program from appropriations to the
commissioner that are:

(1) made specifically by law for use under this section;

(2) at the discretion of the commissioner, made for the budget activities in the state roads
program of operations and maintenance, program planning and delivery, or state road
construction; and

(3) made for the corridor investment management strategy program, unless specified
otherwise.

(c) The commissioner shall include in the program the cost participation policy for local
units of government.

new text begin (d) The commissioner may use up to 17 percent of any appropriation to the program for
program delivery.
new text end

Sec. 2.

Laws 2018, chapter 214, article 1, section 16, subdivision 2, is amended to read:

Subd. 2. Local Road Improvement Fund Grants

78,600,000

(a) From the bond proceeds account in the
state transportation fund as provided in
Minnesota Statutes, section 174.50, for trunk
highway corridor projects under Minnesota
Statutes, section 174.52, subdivision 2, for
construction and reconstruction of local roads
with statewide or regional significance under
Minnesota Statutes, section 174.52,
subdivision 4, or for grants to counties to assist
in paying the costs of rural road safety capital
improvement projects on county state-aid
highways under Minnesota Statutes, section
174.52, subdivision 4a.

(b) Of this amount, $13,500,000 is for a grant
to the city of Dayton for design, engineering,
environmental analysis, property and easement
acquisition, construction, and reconstruction
of local roads in conjunction with an
interchange on marked Interstate Highway 94
near Hennepin County State-Aid Highway
101, known as Brockton Lane, in Dayton.

(c) Of this amount, $6,100,000 is for a grant
to the city of Inver Grove Heights to
predesign, design, engineer, acquire
right-of-way property and temporary and
permanent easements, inspect, and construct
or reconstruct: (1) realignment of Dakota
County State-Aid Highway 63, known as
Argenta Trail, in Inver Grove Heights, from
northerly of its intersection with Amana Trail
to the anticipated future alignment of 65th
Street, then west to the existing Argenta Trail
alignment, and in anticipation of the
development of an interchange of Argenta
Trail and marked Interstate Highway 494; and
(2) expansion from two lanes to four lanes of
Dakota County State-Aid Highway 26, known
as 70th Street West, in Inver Grove Heights,
from the border with Eagan deleted text begin to deleted text end new text begin through new text end the
intersection with Argenta Trail as realigned new text begin ,
to the intersection of Highway 26 with Trunk
Highway 3, known as Robert Street new text end .

(d) Of this amount, $9,000,000 is for a grant
to Carver County following a jurisdictional
transfer to Carver County of the affected
segment of marked Trunk Highway 101. The
appropriation may be used for design,
right-of-way acquisition, engineering, and
reconstruction of the segment transferred to
the county that is between Pioneer Trail and
Flying Cloud Drive, including grade
separation of a multipurpose pedestrian and
bicycle trail from the segment for the
Minnesota River Bluffs Regional Trail and a
regional trail along marked Trunk Highway
101.

Sec. 3.

Laws 2018, chapter 214, article 1, section 16, subdivision 7, is amended to read:

Subd. 7. Brooklyn Park - Trunk Highway 169 and 101st Avenue Interchange Project

4,000,000

$4,000,000 is from the bond proceeds account
in the state transportation fund for new text begin a grant to
the city of Brooklyn Park for new text end preliminary and
final design, engineering, environmental
analysis, right-of-way acquisition, and
construction of an interchange located at
Trunk Highway 169 and 101st Avenue in the
city of Brooklyn Park.

Sec. 4.

Laws 2018, chapter 214, article 1, section 16, subdivision 11, is amended to read:

Subd. 11. Corridors of Commerce

400,000,000

new text begin (a) new text end From the bond proceeds account in the
trunk highway fund for the corridors of
commerce program under Minnesota Statutes,
section 161.088.

new text begin (b) new text end This appropriation is available in the
amounts of:

(1) $150,000,000 in fiscal year 2022;

(2) $150,000,000 in fiscal year 2023; and

(3) $100,000,000 in fiscal year 2024.

new text begin (c) new text end deleted text begin From this appropriation, deleted text end The commissioner
must select projects new text begin for the corridors of
commerce program new text end solely using the results of
the spring 2018 evaluation for the corridors
of commerce program, in order based on total
score deleted text begin , and deleted text end new text begin . In addition to the projects selected
for funding in the first round from the spring
2018 evaluation, the commissioner new text end must select
at least two projects located outside the
Department of Transportation metropolitan
district. If funds are insufficient for an
identified project, the commissioner must
either select the identified project, or select
one or more alternative projects that are (1)
for a segment within the project limits of the
identified project; and (2) also identified and
scored in the spring 2018 evaluation process.
For projects located outside the Department
of Transportation metropolitan district, the
commissioner must not select a project located
in a county within which a project was
selected for funding new text begin in the first round new text end in the
spring 2018 evaluation for the corridors of
commerce program.

new text begin (d) The appropriation in Laws 2017, First
Special Session chapter 3, article 2, section 2,
subdivision 1, is available for the projects
selected under paragraph (c) that the
commissioner determines are ready to proceed.
new text end

new text begin (e) The appropriation in this subdivision is
available for any projects selected by the
commissioner using the results of the
evaluation for the corridors of commerce
program conducted in spring 2018.
new text end

new text begin (f) new text end This appropriation cancels as specified
under Minnesota Statutes, section 16A.642,
except that the commissioner of management
and budget shall count the start of
authorization for issuance of state bonds as
the first day of the fiscal year during which
the bonds are available to be issued, and not
as the date of enactment of this section.

Sec. 5.

Laws 2018, chapter 214, article 1, section 17, subdivision 7, is amended to read:

Subd. 7. White Bear Lake Trail and Route

4,000,000

(a) To the Metropolitan Council for grants to
complete design and construction of a multiuse
paved trail and route for pedestrians, bicycles,
and wheelchairs around White Bear Lake in
Ramsey and Washington Counties.

(b) $2,600,000 of this appropriation is for a
grant to Ramsey County to design and
construct trail improvements, consistent with
the completed preliminary engineering, along
South Shore Boulevard between White Bear
Avenue and marked Trunk Highway 120 and
to pave an existing dirt path within the Ramsey
County Beach and Water Park from the
entrance to the park at Highway 96 to the
northeast edge of the park.

(c) $1,400,000 of this appropriation is for a
grant to the city of Mahtomedi to deleted text begin design and
construct and deleted text end design, construct, and equip
elements of the trail and route along or
proximate to Birchwood Road, Wildwood
Beach Road, and on or in the proximity of
Briarwood Road, consistent with the
completed preliminary engineering, and final
design and specification, subject to approval
of the commissioner of transportation with
regard to elements of the trail and route that
are within or adjacent to the right-of-way of
marked Trunk Highway 244.

Sec. 6.

Laws 2018, chapter 214, article 1, section 21, subdivision 28, is amended to read:

Subd. 28. St. Paul - Southeast Asian Language Job Training Facilities

5,500,000

For a grant to the city of St. Paul to predesign,
design, renovate, construct, furnish, and equip
a bus driver and mechanics training facility
on deleted text begin Acker deleted text end new text begin Sycamore new text end Street in St. Paul for
training drivers and mechanics through
programming primarily in the Southeast Asian
languages, and to predesign, design, renovate,
construct, furnish, and equip a training facility
on Plato Avenue in St. Paul deleted text begin to be used during
renovation of the Acker Street facility and deleted text end for
use as a training facility for health care,
manufacturing, and information technology
jobs through programming primarily in the
Southeast Asian languages. This appropriation
may be used to acquire property for these
purposes. The city of St. Paul may enter into
a lease or management agreement with a
nonprofit corporation for either or both of
these facilities under Minnesota Statutes,
section 16A.695.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Laws 2018, chapter 214, article 1, section 22, subdivision 4, is amended to read:

Subd. 4. Arden Hills - Water Main

500,000

For a grant to the city of Arden Hills to install
a water main extending along Highway deleted text begin 96 deleted text end new text begin 10 new text end ,
from Highway deleted text begin 10 deleted text end new text begin 96 new text end to Interstate Highway
35W.

Sec. 8.

Laws 2018, chapter 214, article 1, section 25, subdivision 3, is amended to read:

Subd. 3. Trunk Highway Fund

418,000

From the bond proceeds account in the trunk
highway fund for bond sale expenses under
Minnesota Statutes, sections 16A.641,
subdivision 8, and 167.50, subdivision 4. new text begin
Notwithstanding Minnesota Statutes, section
16A.642, subdivision 1, $400,000 of this
amount does not cancel under the terms of that
subdivision, and is available until December
31, 2028.
new text end

Sec. 9.

Laws 2018, chapter 214, article 1, section 26, subdivision 1, is amended to read:

Subdivision 1.

Bond proceeds fund.

To provide the money appropriated in this act from
the bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to deleted text begin $776,699,000 deleted text end new text begin $776,639,000 new text end in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675,
and by the Minnesota Constitution, article XI, sections 4 to 7.

Sec. 10.

Laws 2018, chapter 214, article 3, section 7, subdivision 1, is amended to read:

Subdivision 1.

Appropriation.

$2,000,000 is appropriated from the bond proceeds
account in the state transportation fund to the commissioner of transportation new text begin for a grant to
Anoka County new text end for engineering, design, and right-of-way acquisition required for construction
of deleted text begin an underpass deleted text end new text begin a railroad crossing grade separation new text end on Anoka County State-Aid Highway
56, otherwise known as Ramsey Boulevard, deleted text begin under deleted text end new text begin at new text end the Burlington new text begin Northern new text end Santa Fe
Railroad in the city of Ramsey and associated improvements on U.S. Trunk Highway 10/169
in the city of Ramsey.

Sec. 11.

Laws 2018, chapter 214, article 3, section 11, is amended to read:

Sec. 11. ELY TRAILHEAD DEVELOPMENT; HOSPITAL ACCESS
IMPROVEMENTS.

deleted text begin (a) deleted text end $1,300,000 is appropriated from the bond proceeds fund to the commissioner of
natural resources for a grant to the city of Ely to predesign, design, construct, furnish, and
equip a trailhead facility with parking, visitor information, and restrooms for trail users on
the west end of the city near marked Trunk Highway 169. This appropriation does not
require a nonstate contribution. Money from this appropriation not needed to complete the
trailhead project may be used to predesign an extension to Pattison Street to provide a direct
connection from marked Trunk Highway 169 to St. Louis County Highway 21 and improve
access to the Ely Bloomenson Community Hospital campus and emergency services building.

deleted text begin (b) To provide the money appropriated in this section from the bond proceeds fund, the
commissioner of management and budget shall sell and issue bonds of the state in an amount
up to $1,300,000 in the manner, upon the terms, and with the effect prescribed by Minnesota
Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI,
sections 4 to 7.
deleted text end

Sec. 12.

Laws 2018, chapter 214, article 3, section 13, is amended to read:

Sec. 13. REFORESTATION AND STAND IMPROVEMENT.

deleted text begin (a) deleted text end $3,000,000 is appropriated from the bond proceeds fund to the commissioner of
natural resources to provide for reforestation and stand improvement on state forest lands
to meet the reforestation requirements of Minnesota Statutes, section 89.002, subdivision
2, including purchasing native seeds and native seedlings, planting, seeding, site preparation,
and protection on state lands administered by the commissioner.

deleted text begin (b) To provide the money appropriated in this section from the bond proceeds fund, the
commissioner of management and budget shall sell and issue bonds of the state in an amount
up to $3,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota
Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI,
sections 4 to 7.
deleted text end

Sec. 13.

Laws 2018, chapter 214, article 3, section 14, is amended to read:

Sec. 14. APPLICATION.

Appropriations in this article are subject to article 1, section 1. The appropriation in
section deleted text begin 9 deleted text end new text begin 8 new text end is from the local road improvement fund.

Sec. 14.

Laws 2018, chapter 214, article 3, section 15, is amended to read:

Sec. 15. REDUCTIONS.

The following appropriations are reduced in article 1:

(1) $2,900,000 from the Merit Center;

(2) $2,000,000 from TED;

(3) $2,000,000 from Corrections Asset Prevention; and

(4) $15,000,000 from deleted text begin Local Road and Bridge deleted text end new text begin the appropriation in article 1, section 16,
subdivision 2 new text end .

Sec. 15. new text begin REPEALER.
new text end

new text begin Laws 2018, chapter 214, article 3, sections 7, subdivision 2; 8, subdivision 2; 9,
subdivision 2; and 10, subdivision 2, new text end new text begin are repealed.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: H0080-1

16A.969 ENVIRONMENT AND NATURAL RESOURCES TRUST FUND APPROPRIATION BONDS.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Appropriation bond" or "bond" means a bond, note, or other similar instrument of the state payable during a biennium from one or more of the following sources:

(1) money appropriated by law from the environment and natural resources trust fund in any biennium for debt service due with respect to obligations described in subdivision 2;

(2) proceeds of the sale of obligations described in subdivision 2;

(3) payments received for that purpose under agreements and ancillary arrangements described in subdivision 2, paragraph (d); and

(4) investment earnings on amounts in clauses (1) to (3).

(c) "Debt service" means the amount payable in any biennium of principal, premium, if any, and interest on appropriation bonds.

(d) "Environment and natural resources trust fund" or "trust fund" means the fund established under the Minnesota Constitution, article XI, section 14, and governed by that section and chapter 116P.

Subd. 2.

Authorization to issue appropriation bonds; accounts.

(a) Subject to the limitations of this subdivision, the commissioner may sell and issue appropriation bonds of the state under this section for public purposes and in amounts as provided by law. This authorization meets the public purposes established by the Minnesota Constitution, article XI, section 14, and chapter 116P and shall be a supplement to the traditional sources of funding for environment and natural resources activities.

(b) The special appropriation trust fund bond proceeds fund is established in the state treasury. Proceeds of the appropriation bonds issued and sold must be credited to the special appropriation trust fund bond proceeds fund. A bond payments account is established in the special appropriation trust fund bond proceeds fund. All income from investment of the bond proceeds, as estimated by the commissioner, must be deposited into the account and is appropriated to the commissioner for the payment of principal and interest on the appropriation bonds.

(c) Appropriation bonds may be issued in one or more issues or series on the terms and conditions the commissioner determines to be in the best interests of the state, but the term on any series of appropriation bonds may not exceed 20 years. The appropriation bonds of each issue and series thereof shall be dated and bear interest, and may be includable in or excludable from the gross income of the owners for federal income tax purposes.

(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any time thereafter, so long as the appropriation bonds are outstanding, the commissioner may enter into agreements and ancillary arrangements relating to the appropriation bonds, including but not limited to trust indentures, grant agreements, lease or use agreements, operating agreements, management agreements, liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. Any payments made or received according to the agreement or ancillary arrangement shall be made from or deposited as provided in the agreement or ancillary arrangement. The determination of the commissioner included in an interest exchange agreement that the agreement relates to an appropriation bond shall be conclusive.

(e) The commissioner may enter into written agreements or contracts relating to the continuing disclosure of information necessary to comply with or facilitate the issuance of appropriation bonds in accordance with federal securities laws, rules, and regulations, including Securities and Exchange Commission rules and regulations in Code of Federal Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants with purchasers and holders of appropriation bonds set forth in the order or resolution authorizing the issuance of the appropriation bonds, or a separate document authorized by the order or resolution.

(f) The appropriation bonds are not subject to chapter 16C.

Subd. 3.

Form; procedure.

(a) Appropriation bonds may be issued in the form of bonds, notes, or other similar instruments, and in the manner provided in section 16A.672. In the event that any provision of section 16A.672 conflicts with this section, this section shall control.

(b) Every appropriation bond shall include a conspicuous statement of the limitation established in subdivision 6.

(c) Appropriation bonds may be sold at either public or private sale upon such terms as the commissioner shall determine are not inconsistent with this section and may be sold at any price or percentage of par value. Any bid received may be rejected.

(d) Appropriation bonds must bear interest at a fixed or variable rate.

(e) Notwithstanding any other law, appropriation bonds issued under this section shall be fully negotiable.

Subd. 4.

Refunding bonds.

The commissioner may issue appropriation bonds for the purpose of refunding any appropriation bonds then outstanding, including the payment of any redemption premiums on the bonds, any interest accrued or to accrue to the redemption date, and costs related to the issuance and sale of the refunding bonds. The proceeds of any refunding bonds may, in the discretion of the commissioner, be applied to the purchase or payment at maturity of the appropriation bonds to be refunded, to the redemption of the outstanding appropriation bonds on any redemption date, or to pay interest on the refunding bonds and may, pending application, be placed in escrow to be applied to the purchase, payment, retirement, or redemption. Any escrowed proceeds, pending such use, may be invested and reinvested in obligations that are authorized investments under section 11A.24. The income earned or realized on the investment may also be applied to the payment of the appropriation bonds to be refunded or interest or premiums on the refunded appropriation bonds, or to pay interest on the refunding bonds. After the terms of the escrow have been fully satisfied, any balance of the proceeds and any investment income may be returned to the trust fund or, if applicable, the special appropriation trust fund bond proceeds fund for use in any lawful manner. All refunding bonds issued under this subdivision must be prepared, executed, delivered, and secured by appropriations in the same manner as the appropriation bonds to be refunded.

Subd. 5.

Appropriation bonds as legal investments.

Any of the following entities may legally invest any sinking funds, money, or other funds belonging to them or under their control in any appropriation bonds issued under this section:

(1) the state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies;

(2) banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business; and

(3) personal representatives, guardians, trustees, and other fiduciaries.

Subd. 6.

No full faith and credit; state not required to make appropriations.

The appropriation bonds are not public debt of the state, and the full faith, credit, and taxing powers of the state are not pledged to the payment of the appropriation bonds or to any payment that the state agrees to make under this section. Appropriation bonds shall not be obligations paid directly, in whole or in part, from a tax of statewide application on any class of property, income, transaction, or privilege. Appropriation bonds shall be payable in each fiscal year only from amounts that the legislature may appropriate for debt service for any fiscal year, provided that nothing in this section shall be construed to require the state to appropriate money sufficient to make debt service payments with respect to the appropriation bonds in any fiscal year. Appropriation bonds shall be canceled and shall no longer be outstanding on the earlier of (1) the first day of a fiscal year for which the legislature shall not have appropriated amounts sufficient for debt service, or (2) the date of final payment of the principal of and interest on the appropriation bonds.

Subd. 7.

Appropriation for debt service and other purposes.

Notwithstanding section 116P.05, subdivision 2, paragraph (b), the amount needed to pay principal and interest on appropriation bonds issued under this section and as authorized by other law is appropriated each fiscal year from legally available amounts in the environment and natural resources trust fund to the commissioner, subject to repeal, unallotment under section 16A.152, or cancellation, otherwise pursuant to subdivision 6, for deposit into the bond payments account established for such purpose in the special appropriation trust fund bond proceeds fund. Investment income earned on proceeds of the appropriation bonds issued under this section shall be deposited in the bond payments account and is appropriated to the commissioner.

Subd. 8.

Waiver of immunity.

The waiver of immunity by the state provided for by section 3.751, subdivision 1, shall be applicable to the appropriation bonds and any ancillary contracts to which the commissioner is a party.