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HF 1132

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 11:11am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/31/2023
1st Engrossment Posted on 03/08/2023

Current Version - 1st Engrossment

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A bill for an act
relating to capital investment; requiring the withholding of certain grant funds for
capital projects before receipt of an approval of compliance with sustainable
building guidelines; requiring the adjustment of certain capital project construction
cost thresholds by the commissioner of administration; appropriating money for
sustainable building guideline education; amending Minnesota Statutes 2022,
sections 16B.325, by adding a subdivision; 16B.335, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 16B.325, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Sustainable building 2030 certification. new text end

new text begin No funds for phases of a capital
project beyond final design may be disbursed until the commissioner of administration
receives notice from the Center for Sustainable Building Research at the University of
Minnesota that the capital project design complies with sustainable building design guidelines
under this section.
new text end

Sec. 2.

Minnesota Statutes 2022, section 16B.335, subdivision 1, is amended to read:


Subdivision 1.

Construction and major remodeling.

(a) The commissioner, or any
other recipient to whom an appropriation is made to acquire or better public lands or buildings
or other public improvements of a capital nature, must not prepare final plans and
specifications for any construction, major remodeling, or land acquisition in anticipation
of which the appropriation was made until the agency that will use the project has presented
the program plan and cost estimates for all elements necessary to complete the project to
the chair of the senate Finance Committee and the chair of the house of representatives
Ways and Means Committee and the chairs have made their recommendations, and the
chair and ranking minority member of the senate Capital Investment Committee and the
chair and ranking minority member of the house of representatives Capital Investment
Committee are notified. "Construction or major remodeling" means construction of a new
building, a substantial addition to an existing building, or a substantial change to the interior
configuration of an existing building. The presentation must note any significant changes
in the work that will be done, or in its cost, since the appropriation for the project was
enacted or from the predesign submittal. The program plans and estimates must be presented
for review at least two weeks before a recommendation is needed. The recommendations
are advisory only. Failure or refusal to make a recommendation is considered a negative
recommendation. The chairs and ranking minority members of the senate Finance and
Capital Investment Committees and the house of representatives Capital Investment and
Ways and Means Committees must also be notified whenever there is a substantial change
in a construction or major remodeling project, or in its cost.

(b) Capital projects exempt from the requirements of this subdivision include demolition
or decommissioning of state assets, hazardous material projects, utility infrastructure projects,
environmental testing, parking lots, parking structures, deleted text begin park and ride facilities,deleted text end bus rapid
transit stations, light rail lines, passenger rail projects, freight rail projects, exterior lighting,
fencing, highway rest areas, truck stations, storage facilities not consisting primarily of
offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields,
dams, floodwater retention systems, water access sites, harbors, sewer separation projects,
deleted text begin water and wastewater facilities,deleted text end port development projects for which the commissioner of
transportation has entered into an assistance agreement under section 457A.04, deleted text begin ice centers,deleted text end
a local government project with a construction cost of less than $1,500,000, or any other
capital project with a construction cost of less than $750,000.

new text begin (c) Notwithstanding the exemption from the requirements of this subdivision under
paragraph (b), a grantee of state funds for a local government project with a construction
cost of less than $1,500,000 and any other capital project with a construction cost of less
than $750,000 must hire a qualified cost-estimating professional as a part of the project
planning process. For the purposes of this paragraph, "cost-estimating professional" means
an architect, construction manager, contractor, engineer, or other design professional with
cost-estimating experience on similar construction projects in the same general location.
new text end

new text begin (d) No later than December 31 of every fifth year starting in 2025, the commissioner
shall determine the percentage increase in the rate of inflation, as measured by the means
quarterly construction cost index, during the four-year period preceding that year. The
construction cost thresholds in paragraphs (b) and (c) for exemption of local government
projects and other capital projects from the requirements under this subdivision shall be
increased by the percentage calculated by the commissioner to the nearest ten-thousandth
dollar.
new text end

Sec. 3. new text begin APPROPRIATION; CENTER FOR SUSTAINABLE BUILDING
RESEARCH.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
administration to fund outreach and education efforts by the Center for Sustainable Building
Research at the University of Minnesota to inform local governments and other grantees of
state funds for capital projects subject to the requirements under Minnesota Statutes, section
16B.335, subdivision 1, about planning for and compliance with sustainable building design
guidelines.
new text end