HF 1010

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public administration; authorizing 
  1.3             spending to acquire and better public land and 
  1.4             buildings and other public improvements of a capital 
  1.5             nature with certain conditions; approving capital 
  1.6             loans to independent school district Nos. 727, Big 
  1.7             Lake, 362, Little Fork-Big Falls, and 36, Kelliher; 
  1.8             authorizing issuance of bonds; reducing 
  1.9             appropriations; reducing bond authorization; 
  1.10            authorizing the commissioner of finance to cancel 
  1.11            certain bond authorizations; authorizing the listing 
  1.12            of state bonds or certificates of indebtedness on an 
  1.13            exchange; providing for periodic review and 
  1.14            cancellation of bond authorizations older than seven 
  1.15            years; requiring reports of sale of certain state real 
  1.16            property; relief from penalties for Red Wing sewer 
  1.17            overflow; appropriating money with certain conditions; 
  1.18            amending Minnesota Statutes 1994, sections 16A.672, by 
  1.19            adding a subdivision; 16B.24, by adding a subdivision; 
  1.20            16B.335, subdivisions 1, 2, and 5; and 446A.12, 
  1.21            subdivision 1; Laws 1994, chapter 643, sections 21, 
  1.22            subdivision 4; and 26, subdivision 4; proposing coding 
  1.23            for new law in Minnesota Statutes, chapter 16A; 
  1.24            repealing Laws 1991, chapter 265, article 5, section 
  1.25            23, as amended. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27  Section 1.  [CAPITAL IMPROVEMENTS APPROPRIATIONS.] 
  1.28     The sums in the column under "APPROPRIATIONS" are 
  1.29  appropriated from the bond proceeds fund or another named fund, 
  1.30  to the state agency or officials indicated, to be spent to 
  1.31  acquire and to better public land and buildings and other public 
  1.32  improvements of a capital nature, as specified in this act. 
  1.33                          SUMMARY BY FUND
  1.34  EDUCATION                                         $  23,670,000
  1.35  ADMINISTRATION                                        1,715,000
  2.1   BOND SALE EXPENSES                                       25,000
  2.2   TOTAL                                                25,410,000
  2.3   Maximum Effort School Loan Fund                      23,695,000
  2.4   Bond Proceeds Fund                                    1,531,000
  2.5   General Fund                                            184,000
  2.6   Sec. 2.  EDUCATION 
  2.7   Subdivision 1.                                       23,670,000
  2.8   To the commissioner of education to 
  2.9   make capital loans to school districts 
  2.10  for which loans are approved in this 
  2.11  section as provided in Minnesota 
  2.12  Statutes, sections 124.36 to 124.46.  
  2.13  This appropriation is from the maximum 
  2.14  effort school loan fund.  
  2.15  Subd. 2.  Loan approval 
  2.16  The commissioner shall make capital 
  2.17  loans to independent school district 
  2.18  No. 36, Kelliher, in the amount of 
  2.19  $6,900,000; independent school district 
  2.20  No. 362, Littlefork-Big Falls, in the 
  2.21  amount of $7,000,000; and independent 
  2.22  school district No. 727, Big Lake, in 
  2.23  the amount of $9,770,000.  Capital 
  2.24  loans to these districts are approved. 
  2.25  Subd. 3.  Commissioner review
  2.26  The commissioner of education shall 
  2.27  review the proposed plan and budget of 
  2.28  the projects approved in this section 
  2.29  and may reduce the amount of a loan to 
  2.30  ensure that a project will be 
  2.31  economical.  The commissioner may 
  2.32  recover the cost incurred by the 
  2.33  commissioner for any professional 
  2.34  services associated with the final 
  2.35  review by reducing the proceeds of the 
  2.36  loan paid to a district. 
  2.37  Sec. 3.  ADMINISTRATION                             $1,715,000
  2.38  To the commissioner of administration 
  2.39  to predesign, design, renovate, and 
  2.40  equip the Capitol building.  Of this 
  2.41  appropriation, $184,000 is from the 
  2.42  general fund. 
  2.43  Unencumbered balances from the 
  2.44  appropriation in Laws 1990, chapter 
  2.45  610, article 1, section 18, paragraph 
  2.46  (f), may be used by the commissioner 
  2.47  for the project in this section. 
  2.48  Sec. 4.  BOND SALE EXPENSES                             25,000 
  2.49  To the commissioner of finance for bond 
  2.50  sale expenses under Minnesota Statutes, 
  2.51  section 16A.641, subdivision 8. 
  2.52     Sec. 5.  [CANCELLATIONS AND REDUCTIONS.] 
  2.53     Subdivision 1.  [REDUCTIONS, 1987.] The appropriations in 
  3.1   the sections, subdivisions and paragraphs, if applicable, of 
  3.2   Laws 1987, chapter 400, that are named in this subdivision and 
  3.3   are for the purposes named in this subdivision, are reduced by 
  3.4   the amounts indicated. 
  3.5      (1) Section 5, subdivision 2, paragraph (i), betterment of 
  3.6   state trails, is reduced by $9,185.94. 
  3.7      (2) Section 5, subdivision 2, paragraph (a), acquisition of 
  3.8   state parks, is reduced by $6.65. 
  3.9      (3) Section 5, subdivision 4, paragraph (b), Aspen 
  3.10  recycling, is reduced by $970.69. 
  3.11     (4) Section 5, subdivision 4, paragraph (c), native prairie 
  3.12  land, is reduced by $1,320.19. 
  3.13     (5) Section 14, subdivision 8, local bridge repair and 
  3.14  replacement, is reduced by $11,508. 
  3.15     (6) Section 18, subdivision 8, construction at Northland 
  3.16  community college, is reduced by $6,444.45. 
  3.17     (7) Section 18, subdivision 13, paragraph (a), community 
  3.18  college roof repair, is reduced by $3,243.61. 
  3.19     (8) Section 18, subdivision 13, paragraph (c), community 
  3.20  college facilities planning, is reduced by $115.78. 
  3.21     (9) Section 19, subdivision 2, paragraph (2), remodeling 
  3.22  Sattgast Hall at Bemidji state university, is reduced by $396.40.
  3.23     (10) Section 19, subdivision 3, paragraph (b), plan for 
  3.24  addition to Trafton Hall, is reduced by $2,233.92. 
  3.25     (11) Section 19, subdivision 4, paragraph (b), construct 
  3.26  regional science center at Moorhead state university, is reduced 
  3.27  by $8,600.00. 
  3.28     (12) Section 19, subdivision 6, paragraph (d), construct 
  3.29  classrooms and labs at Southwest State University, is reduced by 
  3.30  $5,100.00. 
  3.31     (13) Section 19, subdivision 6, planning and land 
  3.32  acquisition for health and applied science building at Winona 
  3.33  state university, is reduced by $5.52. 
  3.34     (14) Section 21, subdivision 2, Lino Lakes correctional 
  3.35  facility building addition, is reduced by $387.31. 
  3.36     (15) Section 21, subdivision 7, correctional facility roof 
  4.1   repair, is reduced by $1,154.69. 
  4.2      (16) Section 22, subdivision 4, Faribault regional 
  4.3   treatment center electrical upgrade, is reduced by $5,203.55. 
  4.4      The appropriations for capital improvements at technical 
  4.5   colleges in Laws 1987, chapter 400, section 17, are reduced by 
  4.6   $8,052.43.  The state board for technical colleges or its 
  4.7   successor shall take this amount from projects that have 
  4.8   unencumbered balances. 
  4.9      Subd. 2.  [REDUCTIONS, 1989.] The appropriations in the 
  4.10  sections, subdivisions, and paragraphs, if applicable, of Laws 
  4.11  1989, chapter 300, article 1, that are named in this subdivision 
  4.12  and are for the purposes named in this subdivision, are reduced 
  4.13  by the amounts indicated. 
  4.14     (1) Section 3, subdivision 2, Brainerd community college 
  4.15  working drawings, is reduced by $293.03. 
  4.16     (2) Section 3, subdivision 4, Fond Du Lac center working 
  4.17  drawings, is reduced by $1,000.00. 
  4.18     (3) Section 3, subdivision 10, Willmar community college 
  4.19  working drawings, is reduced by $443.65. 
  4.20     (4) Section 7, paragraph (b), regional treatment center 
  4.21  HVAC, is reduced by $30.43. 
  4.22     (5) Section 8, subdivision 6, correctional facility roof 
  4.23  repair, is reduced by $106.73. 
  4.24     (6) Section 9, paragraph (a), health laboratory 
  4.25  ventilation, is reduced by $0.20. 
  4.26     (7) Section 12, RIM resources program, is reduced by 
  4.27  $4,128.17. 
  4.28     (8) Section 14, paragraph (a), handicapped access 
  4.29  statewide, is reduced by $0.28. 
  4.30     (9) Section 14, paragraph (c), remodel state capitol, is 
  4.31  reduced by $64,049.43. 
  4.32     Subd. 3.  [REDUCTION, STATE OFFICE BUILDING 
  4.33  ARBITRATION.] The appropriation in Laws 1989, chapter 41, 
  4.34  section 2, for the state office building arbitration award is 
  4.35  reduced by $54,000.00. 
  4.36     Subd. 4.  [REDUCTIONS, 1990.] The appropriations in the 
  5.1   sections, subdivisions, and paragraphs, if applicable, of Laws 
  5.2   1990, chapter 610, article 1, that are named in this subdivision 
  5.3   and are for the purposes names in this subdivision, are reduced 
  5.4   by the amounts indicated. 
  5.5      (1) Section 3, subdivision 11, renovations at Willmar 
  5.6   community college, is reduced by $99.27. 
  5.7      (2) Section 4, subdivision 2, paragraph (a), rehabilitate 
  5.8   heating plant at Bemidji state university, is reduced by $187.72.
  5.9      (3) Section 7, subdivision 2, paragraph (a), Faribault 
  5.10  academies - upgrade mechanical, is reduced by $827.52. 
  5.11     (4) Section 7, subdivision 2, paragraph (b), Faribault 
  5.12  academies - science classrooms, is reduced by $73.24. 
  5.13     (5) Section 7, subdivision 2, paragraph (c), Faribault 
  5.14  academies - replace windows, is reduced by $292.26. 
  5.15     (6) Section 7, subdivision 4, purchase facilities at 
  5.16  Winona, is reduced by $200,000.00. 
  5.17     (7) Section 11, subdivision 3, paragraph (c), Lino Lakes 
  5.18  correctional facility water and sewer, is reduced by $56.84. 
  5.19     (8) Section 11, subdivision 3, paragraph (d), Lino Lakes 
  5.20  correctional facility emergency generator, is reduced by $64.30. 
  5.21     (9) Section 11, subdivision 4, Stillwater correctional 
  5.22  facility, replace locks, is reduced by $6.00. 
  5.23     (10) Section 12, subdivision 8, remodel building at 
  5.24  regional treatment centers for skilled nursing facilities, is 
  5.25  reduced by $6,001,573.82.  The remainder of the appropriation in 
  5.26  that subdivision shall only be used at Fergus Falls. 
  5.27     (11) Section 14, remodel Bureau of Criminal Apprehension 
  5.28  building, is reduced by $334.34. 
  5.29     (12) Section 16, subdivision 2, paragraph (b), restore 
  5.30  Split Rock Lighthouse, is reduced by $157.99. 
  5.31     (13) Section 16, subdivision 2, paragraph (c), Red Lake 
  5.32  Tribal Information Center, is reduced by $300,000.00. 
  5.33     (14) Section 20, subdivision 9, paragraph (a), renovate DNR 
  5.34  field offices, is reduced by $1,018.40. 
  5.35     (15) Section 20, subdivision 9, paragraph (c), Lac Qui 
  5.36  Parle visitors center, is reduced by $80,776.99. 
  6.1      Subd. 5.  [RESCISSION OF MAXIMUM EFFORT SCHOOL.] The 
  6.2   approval of a capital loan to independent school district No. 
  6.3   345, New London-Spicer, that was approved in Laws 1991, chapter 
  6.4   265, article 12, section 2, is rescinded. 
  6.5      Subd. 6.  [REDUCTION, ZOOLOGICAL GARDEN.] The appropriation 
  6.6   in Laws 1992, chapter 558, section 23, for roof and skylight 
  6.7   replacement at the Minnesota Zoological Garden, is reduced by 
  6.8   $5,000. 
  6.9      Subd. 7.  [REDUCTIONS, 1994.)  The appropriations in the 
  6.10  sections and subdivisions, if applicable, of Laws 1994, chapter 
  6.11  643, that are named in this subdivision and are for the purposes 
  6.12  named in this subdivision, are reduced by the amounts indicated. 
  6.13     (1) Section 6, defease prior local bonds, is reduced by 
  6.14  $100,000.00. 
  6.15     (2) Section 14, subdivision 2, Beta dorm renovation, 
  6.16  Minnesota Center for Arts Education, is reduced by $774,358.16. 
  6.17     (3) Section 14, subdivision 8, Lakeview school, is reduced 
  6.18  by $370,000.00. 
  6.19     (4) Section 28, bond sale expenses, is reduced by $641.84. 
  6.20     Subd. 8.  [BOND SALE AUTHORIZATIONS REDUCED.] The bond sale 
  6.21  authorizations in the following laws are reduced by the amounts 
  6.22  indicated. 
  6.23     (1)  Laws 1987, chapter 400, section 25, subdivision 1, is 
  6.24  reduced by $265,000. 
  6.25     (2) Laws 1987, chapter 400, section 25, subdivision 3, is 
  6.26  reduced by $10,000. 
  6.27     (3) Laws 1989, chapter 41, section 3, is reduced by $54,000.
  6.28     (4) Laws 1989, chapter 300, article 1, section 23, 
  6.29  subdivision 1, is reduced by $65,000. 
  6.30     (5) Laws 1990, chapter 610, article 1, section 30, 
  6.31  subdivision 1, is reduced by $6,585,000. 
  6.32     (6) Laws 1991, chapter 265, article 12, section 1, is 
  6.33  reduced by $6,610,000.  This amount includes $36,973 allocated 
  6.34  for bond sale expenses. 
  6.35     (7) Laws 1992, chapter 558, section 28, subdivision 1, is 
  6.36  reduced by $5,000. 
  7.1      (8) Laws 1994, chapter 643, section 31, subdivision 1, is 
  7.2   reduced by $1,245,000. 
  7.3      Sec. 6.  [BOND SALE.] 
  7.4      To provide the money appropriated by this act from the 
  7.5   maximum effort school loan fund, the commissioner of finance, on 
  7.6   request of the governor, shall sell and issue bonds of the state 
  7.7   in an amount up to $23,695,000 in the manner, on the terms, and 
  7.8   with the effect prescribed by Minnesota Statutes, sections 
  7.9   16A.641 to 16A.675, and by the Minnesota Constitution, article 
  7.10  XI, sections 4 to 7.  The proceeds of the bonds, except accrued 
  7.11  interest and any premium received on the sale of the bonds, must 
  7.12  be credited to a bond proceeds account in the maximum effort 
  7.13  school loan fund. 
  7.14     Sec. 7.  [16A.642] [CANCELLATION OF BOND AUTHORIZATIONS BY 
  7.15  COMMISSIONER OF FINANCE.] 
  7.16     If the commissioner determines that the purposes for which 
  7.17  general obligation bonds of the state have been issued are 
  7.18  accomplished or abandoned, after consultation with the affected 
  7.19  agencies, and there is a remaining authorization for a specific 
  7.20  project of $500 or less, the commissioner may cancel the 
  7.21  remaining authorization for that project.  The commissioner must 
  7.22  notify the chairs of the senate finance committee and the house 
  7.23  capital investment committee of any bond authorizations canceled 
  7.24  under this section. 
  7.25     Sec. 8.  [16A.6421] [PERIODIC REPORTS ON THE STATUS OF 
  7.26  AUTHORIZED AND OUTSTANDING STATE BONDS.] 
  7.27     The commissioner of finance shall report to the 
  7.28  legislature, by February 1 of each even-numbered year, on the 
  7.29  following: 
  7.30     (1) all state building projects for which bonds have been 
  7.31  authorized and issued by a law enacted more than seven years 
  7.32  before February 1 of each even-numbered year and of which 20 
  7.33  percent or less of a project's authorization has been encumbered 
  7.34  or otherwise obligated for the purpose stated in the law 
  7.35  authorizing the issue; and 
  7.36     (2) all state bonds authorized and issued for purposes 
  8.1   other than building projects reported under clause (1), by a law 
  8.2   enacted more than seven years before February 1 of each 
  8.3   even-numbered year, and the amount of any balance that is 
  8.4   unencumbered or otherwise not obligated for the purpose stated 
  8.5   in the law authorizing the issue. 
  8.6      The commissioner shall also report on bond authorizations 
  8.7   or bond proceed balances that may be canceled because projects 
  8.8   have been canceled, completed, or otherwise concluded, or 
  8.9   because the purposes for which the bonds were authorized or 
  8.10  issued have been canceled, completed, or otherwise concluded.  
  8.11  Except in regard to building projects where the state, a state 
  8.12  agency, or the University of Minnesota is the owner of the 
  8.13  building, the bond authorizations or bond proceed balances that 
  8.14  are unencumbered or otherwise not obligated that are reported by 
  8.15  the commissioner under this section are canceled, effective July 
  8.16  1 of the year of the report, unless specifically reauthorized by 
  8.17  act of the legislature. 
  8.18     Sec. 9.  Minnesota Statutes 1994, section 16A.672, is 
  8.19  amended by adding a subdivision to read: 
  8.20     Subd. 12.  [EXCHANGE LISTING.] The commissioner may provide 
  8.21  for listing of any bonds or certificates of indebtedness on an 
  8.22  exchange or similar arrangement to facilitate their sale and 
  8.23  exchange in the secondary market. 
  8.24     Sec. 10.  [16A.673] [CONTINUING DISCLOSURE AGREEMENTS.] 
  8.25     The commissioner of finance and any other officer of a 
  8.26  state department or state agency charged with the responsibility 
  8.27  of issuing bonds for or on behalf of the state department or 
  8.28  agency, is authorized to enter into written agreements or 
  8.29  contracts relating to the continuing disclosure of information 
  8.30  necessary to comply with, or facilitate the issuance of bonds in 
  8.31  accordance with, federal securities laws, rules and regulations, 
  8.32  including securities and exchange commission rules and 
  8.33  regulations, section 240.15c2-12.  An agreement may comprise 
  8.34  covenants with purchasers and holders of bonds set forth in the 
  8.35  order or resolution authorizing the issuance of the bonds, or a 
  8.36  separate document authorized by the order or resolution. 
  9.1      Sec. 11.  Minnesota Statutes 1994, section 16B.24, is 
  9.2   amended by adding a subdivision to read: 
  9.3      Subd. 3a.  [SALE OF REAL PROPERTY.] By February 1 of each 
  9.4   year, the commissioner shall report to the legislature all sales 
  9.5   or other transfers of real property owned by the state that have 
  9.6   taken place in the preceding calendar year.  The report shall 
  9.7   include a description of the property, reason for the sale, the 
  9.8   name of the buyer, and the price for which the property was 
  9.9   sold.  Sales of easements need not be included.  This 
  9.10  subdivision does not apply to real property held by the 
  9.11  department of natural resources, the department of 
  9.12  transportation, or the board of soil and water resources, except 
  9.13  for real property that has been used for office space by any of 
  9.14  those agencies.  This subdivision does not apply to property 
  9.15  owned by the higher education board or the University of 
  9.16  Minnesota.  
  9.17     Sec. 12.  Minnesota Statutes 1994, section 16B.335, 
  9.18  subdivision 1, is amended to read: 
  9.19     Subdivision 1.  [CONSTRUCTION AND MAJOR REMODELING.] The 
  9.20  commissioner, or any other recipient to whom an appropriation is 
  9.21  made to acquire or better public lands or buildings or other 
  9.22  public improvements of a capital nature, must not prepare final 
  9.23  plans and specifications for any construction, major remodeling, 
  9.24  or land acquisition in anticipation of which the appropriation 
  9.25  was made until the agency that will use the project has 
  9.26  presented the program plan and cost estimates for all elements 
  9.27  necessary to complete the project to the chair of the senate 
  9.28  finance committee, the chair of the house capital investment 
  9.29  committee, and the chair of the house ways and means committee 
  9.30  and the chairs have made their recommendations.  "Construction 
  9.31  or major remodeling" means construction of a new building or 
  9.32  substantial alteration of the exterior dimensions or interior 
  9.33  configuration of an existing building.  The presentation must 
  9.34  note any significant changes in the work that will be done, or 
  9.35  in its cost, since the appropriation for the project was 
  9.36  enacted.  The program plans and estimates must be presented for 
 10.1   review at least two weeks before a recommendation is needed.  
 10.2   The recommendations are advisory only.  Failure or refusal to 
 10.3   make a recommendation is considered a negative 
 10.4   recommendation.  The chairs of the senate finance committee, the 
 10.5   house capital investment committee, and the house ways and means 
 10.6   committee must also be notified whenever there is a substantial 
 10.7   change in a construction or major remodeling project, or in its 
 10.8   cost. 
 10.9      Sec. 13.  Minnesota Statutes 1994, section 16B.335, 
 10.10  subdivision 2, is amended to read: 
 10.11     Subd. 2.  [OTHER PROJECTS.] All other capital projects for 
 10.12  which a specific appropriation is made must not proceed until 
 10.13  the recipient undertaking the project has notified the chair of 
 10.14  the senate finance committee, the chair of the house capital 
 10.15  investment committee, and the chair of the house ways and means 
 10.16  committee that the work is ready to begin.  Notice is not 
 10.17  required for capital projects needed to comply with the 
 10.18  Americans with Disabilities Act or funded by an agency's 
 10.19  operating budget or by a capital asset preservation and 
 10.20  replacement account under section 16A.632, or a higher education 
 10.21  capital asset preservation and renewal account under section 
 10.22  135A.046. 
 10.23     Sec. 14.  Minnesota Statutes 1994, section 16B.335, 
 10.24  subdivision 5, is amended to read: 
 10.25     Subd. 5.  [INFORMATION TECHNOLOGY.] Agency requests for 
 10.26  construction and remodeling funds shall include money for 
 10.27  cost-effective information technology investments that would 
 10.28  enable an agency to reduce its need for office space, provide 
 10.29  more of its services electronically, and decentralize its 
 10.30  operations.  The information policy office must review and 
 10.31  approve the information technology portion of construction and 
 10.32  major remodeling program plans before the plans are submitted to 
 10.33  the chairs of the senate finance committee and the house of 
 10.34  representatives capital investment committee and ways and means 
 10.35  committee for their recommendations as required by subdivision 1.
 10.36     Sec. 15.  Minnesota Statutes 1994, section 446A.12, 
 11.1   subdivision 1, is amended to read: 
 11.2      Subdivision 1.  [BONDING AUTHORITY.] The authority may 
 11.3   issue negotiable bonds in a principal amount that the authority 
 11.4   determines necessary to provide sufficient funds for achieving 
 11.5   its purposes, including the making of loans and purchase of 
 11.6   securities, the payment of interest on bonds of the authority, 
 11.7   the establishment of reserves to secure its bonds, the payment 
 11.8   of fees to a third party providing credit enhancement, and the 
 11.9   payment of all other expenditures of the authority incident to 
 11.10  and necessary or convenient to carry out its corporate purposes 
 11.11  and powers, but not including the making of grants.  Bonds of 
 11.12  the authority may be issued as bonds or notes or in any other 
 11.13  form authorized by law.  The principal amount of bonds issued 
 11.14  and outstanding under this section at any time may not exceed 
 11.15  $350,000,000 $450,000,000.  
 11.16     Sec. 16.  Laws 1994, chapter 643, section 21, subdivision 
 11.17  4, is amended to read: 
 11.18  Subd. 4.  Tourism and Exposition
 11.19  Centers                                               2,200,000
 11.20  For two grants to political 
 11.21  subdivisions for exhibition space for 
 11.22  tourism and exposition centers.  One 
 11.23  grant must be for $1,000,000 to the 
 11.24  southwest regional development 
 11.25  commission for the Prairieland Expo 
 11.26  facility to develop construction 
 11.27  planning documents for capital 
 11.28  improvements, and to acquire land for 
 11.29  the facility.  This grant is subject to 
 11.30  new Minnesota Statutes, section 
 11.31  16A.695.  It is the legislature's 
 11.32  expectation that the commission will 
 11.33  secure a grant from the department of 
 11.34  transportation's intermodal surface 
 11.35  transportation efficiency act funds.  
 11.36  The other grant must be for capital 
 11.37  improvements for a publicly owned 
 11.38  tourism and exposition center selected 
 11.39  by the commissioner and located in 
 11.40  northeastern Minnesota. 
 11.41     Sec. 17.  Laws 1994, chapter 643, section 26, subdivision 
 11.42  4, is amended to read: 
 11.43  Subd. 4.  Work Program
 11.44  The board of water and soil resources 
 11.45  must submit a work program and 
 11.46  semiannual progress reports in the form 
 11.47  determined by the legislative water 
 11.48  commission and request its 
 11.49  recommendation before spending any 
 12.1   money appropriated by subdivisions 4 2 
 12.2   and 5 3.  The commission's 
 12.3   recommendation is advisory only.  
 12.4   Failure to respond to a request within 
 12.5   60 days after receipt is a negative 
 12.6   recommendation.  Work programs 
 12.7   involving land acquisition must include 
 12.8   a land acquisition plan. 
 12.9      Sec. 18.  [ENVIRONMENTAL LEARNING CENTERS.] 
 12.10     Notwithstanding the requirement in Laws 1994, chapter 643, 
 12.11  section 23, subdivision 28, that appropriations in paragraphs 
 12.12  (a) to (e) of that subdivision are available only when the 
 12.13  commissioner of natural resources has determined that matching 
 12.14  money in the sum of $17,500,000 has been committed from nonstate 
 12.15  sources, $3,750,000 of the appropriation is available for 
 12.16  paragraphs (a) to (e) when it is matched in the sum of 
 12.17  $8,750,000 by nonstate sources. 
 12.18     Sec. 19.  [APPROPRIATION TRANSFER.] 
 12.19     The appropriation of $3,000,000 in Laws 1994, chapter 643, 
 12.20  section 24, subdivision 4, for a solid waste capital assistance 
 12.21  program is transferred from the commissioner of the pollution 
 12.22  control agency to the director of the office of environmental 
 12.23  assistance. 
 12.24     Sec. 20.  [RED WING; COMBINED SEWER OVERFLOW.] 
 12.25     If financial assistance is not available under Minnesota 
 12.26  Statutes, section 116.162, to the city of Red Wing for combined 
 12.27  sewer overflow projects, the pollution control agency shall not 
 12.28  take any enforcement action or assess any penalty against the 
 12.29  city for noncompliance with combined sewer overflow regulations 
 12.30  until financial assistance funds are available for that purpose 
 12.31  or June 1, 1997, whichever comes first.  The provisions of this 
 12.32  section are not available to the city of Red Wing if the 
 12.33  unavailability of financial assistance results from the failure 
 12.34  of the city of Red Wing to provide matching funds. 
 12.35     Sec. 21.  [COMMUNITY COLLEGE IMPROVEMENTS.] 
 12.36     Subdivision 1.  [NORMANDALE COMMUNITY COLLEGE PARKING 
 12.37  FACILITIES.] The state board for community colleges or its 
 12.38  successor may construct, improve, operate, and maintain parking 
 12.39  facilities for the use and benefit of Normandale Community 
 13.1   College.  The board shall supervise the construction process as 
 13.2   provided under Minnesota Statutes, section 136E.692.  The higher 
 13.3   education facilities authority may issue revenue bonds or other 
 13.4   financial instruments for the facilities under Minnesota 
 13.5   Statutes, sections 136A.25 to 136A.42, and the state board for 
 13.6   community colleges or its successor may borrow the proceeds of 
 13.7   the revenue bonds or other financial instruments to finance the 
 13.8   construction of parking spaces and replacement of the west lot 
 13.9   not to exceed $4,200,000.  The board may enter into agreements 
 13.10  and pledge revenues of the facilities as may be necessary to 
 13.11  provide security for the bonds and may mortgage the financed 
 13.12  facilities to the higher education facilities authority or to a 
 13.13  trustee for the bondholders if considered necessary by the board 
 13.14  or the authority for the successful marketing of the bonds.  The 
 13.15  board shall establish, maintain, revise when necessary, and 
 13.16  collect rates and charges for the use of the parking 
 13.17  facilities.  The rates and charges must be sufficient, as 
 13.18  estimated by the board, to pay all expenses of operation and 
 13.19  maintenance of the facilities, to pay principal of, and interest 
 13.20  on, revenue bonds or other obligations or instruments when due, 
 13.21  and to pay customary fees and charges of the higher education 
 13.22  facilities authority and to establish and maintain the reserve 
 13.23  funds that the board considers necessary for repair, 
 13.24  replacement, and maintenance of the facilities.  Funds and 
 13.25  accounts established in furtherance of these purposes are not 
 13.26  subject to the budgetary control of the commissioner of 
 13.27  finance.  The board shall never be obligated to use other 
 13.28  revenues of the board or funds of the state to pay the costs of 
 13.29  construction, operation, maintenance, and repair of the parking 
 13.30  facilities or to pay principal of and interest or obligations 
 13.31  issued for these purposes. 
 13.32     Subd. 2.  [COMMUNITY COLLEGE PARKING IMPROVEMENTS.] State 
 13.33  appropriations for repair or construction of parking facilities 
 13.34  must not be used for more than one-half of the repair or 
 13.35  construction cost of a parking facility at any community college 
 13.36  campus.  The campus must provide the remaining costs through 
 14.1   user fees.  By January 1, 1996, the state board for community 
 14.2   colleges or its successor must develop and implement a plan to 
 14.3   finance all repair and construction costs for parking facilities 
 14.4   with user fees.  The plan must be reported to the legislature by 
 14.5   February 1, 1996. 
 14.6      Sec. 22.  [MANKATO STATE.] 
 14.7      Mankato State University may sell to the city of Mankato 
 14.8   for fair market value approximately 2.66 acres of land in the 
 14.9   area of Warren Street, Stadium Road, and Hiniker Mill Road for 
 14.10  use as a detention basin.  The university may also grant the 
 14.11  city of Mankato a permanent utility easement in order to provide 
 14.12  the city access to the basin. 
 14.13     Sec. 23.  [REVENUE DEPARTMENT FACILITY.] 
 14.14     Any planning or predesign for facilities for the revenue 
 14.15  department must include an alternative which would provide for 
 14.16  any new jobs created in the debt collection entity to be located 
 14.17  in a county in greater Minnesota that had a population loss of 
 14.18  five percent or more between the 1980 and 1990 census. 
 14.19     Sec. 24. [REPEALER.] 
 14.20     Laws 1991, chapter 265, article 5, section 23, as amended 
 14.21  by Laws 1992, chapter 499, article 5, section 25, is repealed. 
 14.22     Sec. 25.  [EFFECTIVE DATE.] 
 14.23     Sections 1 to 8 and 10 to 24 are effective the day 
 14.24  following final enactment.  Section 9 is effective the day 
 14.25  following final enactment and applies to state bonds and 
 14.26  certificates of indebtedness, regardless of whether they were 
 14.27  issued on, before, or after that date.