HF 2134

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:59am

A bill for an act
relating to capital improvements; appropriating money for asset preservation for
various state agencies and higher education facilities; authorizing the sale and
issuance of state bonds; proposing coding for new law in Minnesota Statutes,
chapter 84.

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

Section 1. new text begin ASSET PRESERVATION; APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin University of Minnesota. new text end

new text begin $20,000,000 is appropriated from the
bond proceeds fund to the Board of Regents of the University of Minnesota to be spent in
accordance with Minnesota Statutes, section 135A.046.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota State Colleges and Universities. new text end

new text begin $30,000,000 is appropriated
from the bond proceeds fund to the Board of Trustees of the Minnesota State Colleges and
Universities to be spent in accordance with Minnesota Statutes, section 135A.046.
new text end

new text begin Subd. 3. new text end

new text begin Natural resources. new text end

new text begin $1,000,000 is appropriated from the bond proceeds
fund to the commissioner of natural resources for asset preservation to be spent in
accordance with Minnesota Statutes, section 84.986.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Zoo. new text end

new text begin $4,000,000 is appropriated from the bond proceeds fund
to the Minnesota Zoological Garden for capital asset preservation improvements and
betterments to be spent in accordance with Minnesota Statutes, section 16B.307.
new text end

new text begin Subd. 5. new text end

new text begin Military affairs. new text end

new text begin $3,602,000 is appropriated from the bond proceeds fund
to the adjutant general for asset preservation improvements and betterments of a capital
nature at military affairs facilities statewide to be spent in accordance with Minnesota
Statutes, section 16B.307.
new text end

new text begin Subd. 6. new text end

new text begin Human services. new text end

new text begin $2,000,000 is appropriated from the bond proceeds
fund to the commissioner of administration for asset preservation improvements and
betterments of a capital nature at Department of Human Services facilities statewide to be
spent in accordance with Minnesota Statutes, section 16B.307.
new text end

new text begin Subd. 7. new text end

new text begin Veterans affairs. new text end

new text begin $2,138,000 is appropriated from the bond proceeds
fund to the commissioner of administration for asset preservation improvements and
betterments of a capital nature at veterans homes statewide to be spent in accordance
with Minnesota Statutes, section 16B.307.
new text end

new text begin Subd. 8. new text end

new text begin Corrections. new text end

new text begin $5,000,000 is appropriated from the bond proceeds fund to
the commissioner of administration for improvements and betterments of a capital nature
at Minnesota correctional facilities statewide to be spent in accordance with Minnesota
Statutes, section 16B.307.
new text end

new text begin Subd. 9. new text end

new text begin Historical Society. new text end

new text begin $2,065,000 is appropriated from the bond proceeds
fund to the Minnesota Historical Society for capital improvements and betterments at
state historic sites, buildings, landscaping at historic buildings, exhibits, markers, and
monuments to be spent in accordance with Minnesota Statutes, section 16B.307. The
society shall determine project priorities as appropriate based on need.
new text end

new text begin Subd. 10. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in subdivision 1 from
the bond proceeds fund, the commissioner of finance shall sell and issue bonds of the
state in an amount up to $69,805,000 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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [84.946] NATURAL RESOURCES ASSET PRESERVATION AND
REPLACEMENT (NRAPR).
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The legislature recognizes that the Department of Natural
Resources owns and operates capital assets that in number, size, and programmatic use
differ significantly from the capital assets owned and operated by other state departments
and agencies. However, the legislature recognizes the need for standards to aid in
categorizing and funding capital projects. The purpose of this section is to provide
standards for those natural resource projects that are intended to preserve and replace
existing facilities.
new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin (a) An appropriation for asset preservation may be used only
for a capital expenditure on a capital asset previously owned by the state, within the
meaning of generally accepted accounting principles as applied to public expenditures.
The commissioner of natural resources will consult with the commissioner of finance to
the extent necessary to ensure this and will furnish the commissioner of finance a list
of projects to be financed from the account in order of their priority. The legislature
assumes that many projects for preservation and replacement of portions of existing
capital assets will constitute betterments and capital improvements within the meaning of
the Constitution and capital expenditures under generally accepted accounting principles,
and will be financed more efficiently and economically under this section than by direct
appropriations for specific projects.
new text end

new text begin (b) An appropriation for asset preservation must not be used to acquire land or to
acquire or construct buildings or other facilities.
new text end

new text begin (c) Capital budget expenditures for Natural Resource Asset Preservation and
Replacement projects must be for one or more of the following types of capital projects that
support the existing programmatic mission of the department: code compliance including
health and safety, Americans with Disabilities Act requirements, hazardous material
abatement, access improvement, or air quality improvement; building or infrastructure
repairs necessary to preserve the interior and exterior of existing buildings; or renovation
of other existing improvements to land, including but not limited to trails and bridges.
new text end

new text begin (d) Up to ten percent of an appropriation awarded under this section may be used
for design costs for projects eligible to be funded from this account in anticipation of
future funding from the account.
new text end

new text begin Subd. 3. new text end

new text begin Reporting priorities. new text end

new text begin The commissioner of natural resources must
establish priorities within its Natural Resource Asset Preservation and Replacement
projects. By January 15 of each year, the commissioner must submit to the commissioner
of finance and to the chairs of the house of representatives and senate committees with
jurisdiction over environment and natural resources finance and capital investment a
list of the projects that have been paid for with money from a Natural Resource Asset
Preservation and Replacement appropriation during the preceding calendar year as well
as a list of those priority projects for which Natural Resource Asset Preservation and
Replacement appropriations will be sought in that year's legislative session.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text begin APPROPRIATIONS MADE ONLY ONCE.
new text end

new text begin If the appropriations made in this bill are enacted more than once in the 2009 regular
session, these appropriations must be given effect only once.
new text end

new text begin EFFECTIVE DATE. new text end

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