HF 3564

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; modifying provisions 
  1.3             administered by the commissioner of administration 
  1.4             relating to procurements, easements, designer 
  1.5             selection, parking facilities, and energy efficiency 
  1.6             in state buildings; amending Minnesota Statutes 1998, 
  1.7             sections 16B.26; 16B.33, subdivision 3; 16B.58, 
  1.8             subdivisions 5 and 7; and 16B.85, subdivisions 2 and 
  1.9             3; Minnesota Statutes 1999 Supplement, sections 
  1.10            16B.32, subdivision 2; and 16C.081; Laws 1998, chapter 
  1.11            386, article 1, section 35; repealing Minnesota 
  1.12            Statutes 1999 Supplement, section 16B.415. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 16B.26, is 
  1.15  amended to read: 
  1.16     16B.26 [UTILITY COMPANIES, PERMITS TO CROSS STATE-OWNED 
  1.17  LANDS EASEMENTS.] 
  1.18     Subdivision 1.  [EASEMENTS GRANTING AN EASEMENT.] (a) 
  1.19  [AUTHORITY.] Except where the authority conferred by this 
  1.20  section has been imposed on some other state or county office, 
  1.21  the commissioner may grant an easement or permit over, under, or 
  1.22  across any land owned by the state for the purpose 
  1.23  of constructing roads, streets, telephone, telegraph, and 
  1.24  electric power lines, cables or conduits, underground or 
  1.25  otherwise, or mains or pipe lines pipelines for gas, liquids, or 
  1.26  solids in suspension, airport building restriction and glide 
  1.27  slope, access, retaining walls and tieback anchors, channel 
  1.28  improvement, drainage, or recreational trails.  This authority 
  1.29  does not apply to land under the jurisdiction of the 
  2.1   commissioner of natural resources or land obtained for trunk 
  2.2   highway purposes.  
  2.3      (b) [NOTICE OF REVOCATION.] An easement or permit is 
  2.4   revocable by written notice given by the commissioner if at any 
  2.5   time its continuance will conflict with a public use of the land 
  2.6   over, under, or upon which it is granted, or for any other 
  2.7   reason.  The notice must be in writing and is effective 90 days 
  2.8   after the notice is sent by certified mail to the last known 
  2.9   address of the record holder of the easement.  If the address of 
  2.10  the holder of the easement or permit is not known, it expires 90 
  2.11  days after the notice is recorded in the office of the county 
  2.12  recorder of the county in which the land is located.  Upon 
  2.13  revocation of an easement, the commissioner may allow a 
  2.14  reasonable time to vacate the premises affected.  
  2.15     (c) [EASEMENT RUNS WITH LAND.] State land subject to an 
  2.16  easement or permit granted by the commissioner remains subject 
  2.17  to sale or lease, and the sale or lease does not revoke the 
  2.18  permit or easement granted.  
  2.19     Subd. 2.  [LAND CONTROLLED BY OTHER AGENCIES.] If the 
  2.20  easement or permit involves land under the jurisdiction of an 
  2.21  agency other than the department of administration, it is 
  2.22  subject to the approval of the head of the agency and is subject 
  2.23  to revocation by the commissioner as provided in this section, 
  2.24  on request of the head of the agency.  
  2.25     Subd. 3.  [APPLICATION.] An application for easement or 
  2.26  permit under this section must be in quadruplicate and must 
  2.27  include:  a legal description of the land affected; a map 
  2.28  showing the area affected by the easement or permit; and a 
  2.29  detailed design of any structures to be placed on the land.  The 
  2.30  commissioner may require that the application be in another form 
  2.31  and include other descriptions, maps, or designs.  The 
  2.32  commissioner may at any time order changes or modifications 
  2.33  respecting construction or maintenance of structures or other 
  2.34  conditions of the easement which the commissioner finds 
  2.35  necessary to protect the public health and safety.  
  2.36     Subd. 4.  [FORM; DURATION.] The easement or permit must be 
  3.1   in a form prescribed by the attorney general and must describe 
  3.2   the location of the easement granted.  The easement or permit 
  3.3   continues until revoked by the commissioner, subject to change 
  3.4   or modification as provided in this section.  
  3.5      Subd. 5.  [CONSIDERATION; TERMS.] The commissioner may 
  3.6   prescribe consideration and conditions for granting an easement 
  3.7   or permit.  Money received by the state under this section must 
  3.8   be credited to the fund to which income or proceeds of sale from 
  3.9   the land would be credited, if provision for the sale is made by 
  3.10  law.  Otherwise, it must be credited to the general fund. 
  3.11     Subd. 6.  [OBTAINING AN EASEMENT.] With prior agreement of 
  3.12  the property owner, the commissioner may, where necessary and 
  3.13  appropriate, obtain an easement or permit over, under, or across 
  3.14  nonstate land. 
  3.15     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.16  16B.32, subdivision 2, is amended to read: 
  3.17     Subd. 2.  [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 
  3.18  (a) The commissioner of administration in consultation with the 
  3.19  department of public service, in cooperation with one or more 
  3.20  public utilities or comprehensive energy services providers, may 
  3.21  conduct a shared-savings program involving energy conservation 
  3.22  expenditures on state-owned buildings.  The public utility or 
  3.23  energy services provider shall contract with appropriate state 
  3.24  agencies to implement energy efficiency improvements in the 
  3.25  selected buildings.  A contract must require the public utility 
  3.26  or energy services provider to include all energy efficiency 
  3.27  improvements in selected buildings that are calculated to 
  3.28  achieve a cost payback within ten years.  The contract must 
  3.29  require that the public utility or energy services provider be 
  3.30  repaid solely from energy cost savings and only to the extent of 
  3.31  energy cost savings.  Repayments must be interest-free.  The 
  3.32  goal of the program in this paragraph is to demonstrate that 
  3.33  through effective energy conservation the total energy 
  3.34  consumption per square foot of state-owned and wholly 
  3.35  state-leased buildings could be reduced by at least 25 percent 
  3.36  from consumption in the base year of 1990.  All agencies 
  4.1   participating in the program must report to the commissioner of 
  4.2   administration their monthly energy usage, building schedules, 
  4.3   inventory of energy-consuming equipment, and other information 
  4.4   as needed by the commissioner to manage and evaluate the program.
  4.5      (b) The commissioner may exclude from the program of 
  4.6   paragraph (a) a building in which energy conservation measures 
  4.7   are carried out.  "Energy conservation measures" means measures 
  4.8   that are applied to a state building that improve energy 
  4.9   efficiency and have a simple return of investment in ten years 
  4.10  or within the remaining period of a lease, whichever time is 
  4.11  shorter, and involves energy conservation, conservation 
  4.12  facilities, renewable energy sources, improvements in operations 
  4.13  and maintenance efficiencies, or retrofit activities. 
  4.14     (c) This subdivision expires January 1, 2001 December 31, 
  4.15  2006. 
  4.16     Sec. 3.  Minnesota Statutes 1998, section 16B.33, 
  4.17  subdivision 3, is amended to read: 
  4.18     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  4.19  [APPLICATION.] Upon undertaking a project with an estimated cost 
  4.20  greater than $750,000 $2,000,000 or a planning project with 
  4.21  estimated fees greater than $60,000 $200,000, every user agency, 
  4.22  except the capitol area architectural and planning board, shall 
  4.23  submit a written request for a primary designer for its project 
  4.24  to the commissioner, who shall forward the request to the 
  4.25  board.  The University of Minnesota and the Minnesota state 
  4.26  colleges and universities shall follow the process in 
  4.27  subdivision 3a to select designers for their projects.  The 
  4.28  written request must include a description of the project, the 
  4.29  estimated cost of completing the project, a description of any 
  4.30  special requirements or unique features of the proposed project, 
  4.31  and other information which will assist the board in carrying 
  4.32  out its duties and responsibilities set forth in this section.  
  4.33     (b)  [REACTIVATED PROJECT.] If a project for which a 
  4.34  designer has been selected by the board becomes inactive, 
  4.35  lapses, or changes as a result of project phasing, insufficient 
  4.36  appropriations, or other reasons, the commissioner, the 
  5.1   Minnesota state colleges and universities, or the University of 
  5.2   Minnesota may, if the project is reactivated, retain the same 
  5.3   designer to complete the project.  
  5.4      (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  5.5   project initially estimated to be below the cost and planning 
  5.6   fee limits of this subdivision has its cost or planning fees 
  5.7   revised so that the limits are exceeded, the project must be 
  5.8   referred to the board for designer selection even if a primary 
  5.9   designer has already been selected.  In this event, the board 
  5.10  may, without conducting interviews, elect to retain the 
  5.11  previously selected designer if it determines that the interests 
  5.12  of the state are best served by that decision and shall notify 
  5.13  the commissioner of its determination.  
  5.14     Sec. 4.  Minnesota Statutes 1998, section 16B.58, 
  5.15  subdivision 5, is amended to read: 
  5.16     Subd. 5.  [MONEY COLLECTED.] Money collected by the 
  5.17  commissioner as rents, charges, or fees in connection with and 
  5.18  for the use of a parking lot or facility is appropriated to the 
  5.19  commissioner for the purpose of operating, maintaining, 
  5.20  improving, and replacing, and safeguarding parking lots or 
  5.21  facilities owned or operated by the state, including providing 
  5.22  necessary and suitable uniforms for employees, and to carry out 
  5.23  the purposes of this section, except as provided in subdivision 
  5.24  7.  
  5.25     Sec. 5.  Minnesota Statutes 1998, section 16B.58, 
  5.26  subdivision 7, is amended to read: 
  5.27     Subd. 7.  [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.] 
  5.28  The commissioner shall impose a surcharge of 25 percent for 
  5.29  vehicles occupied by only one person parking in a state parking 
  5.30  facility in the capitol area, as described by section 15.50, 
  5.31  subdivision 2.  The revenue from this additional charge shall be 
  5.32  placed by the commissioner in a special account.  For the 
  5.33  benefit of state employees employed in the capitol area, the 
  5.34  money in the account is appropriated to the commissioner and 
  5.35  shall be used by the commissioner in the following order of 
  5.36  priority:  (1) to acquire or lease commuter vans pursuant to 
  6.1   section 16B.56; (2) within limits and upon conditions the 
  6.2   commissioner determines to be necessary, to reimburse state 
  6.3   agencies for all costs resulting from agreements with the 
  6.4   metropolitan transit commission, or its successor, or other 
  6.5   operators pursuant to section 473.409, including costs related 
  6.6   to employees employed outside the capitol area; and to acquire 
  6.7   bus cards or other prepurchased fare devices for use in lieu of 
  6.8   cash fares from Metro Transit or its successor, and other 
  6.9   operators authorized by section 473.409, for resale at a 
  6.10  discounted incentive rate to state employees to encourage 
  6.11  increased transit ridership; (3) to be used for maintaining and 
  6.12  improving promote other alternative transportation modes, 
  6.13  including initiatives to support and increase the use of 
  6.14  multi-occupancy vehicles; and (4) to maintain and improve 
  6.15  parking lots or facilities owned or operated by the 
  6.16  state associated with buildings described in section 16B.24, 
  6.17  subdivision 1, or, when the commissioner approves, any other 
  6.18  parking lots or facilities owned or rented by a state agency for 
  6.19  state employees.  The commissioner may adopt rules necessary to 
  6.20  administer the provisions of this subdivision, subdivision 5, 
  6.21  and section 473.409.  The rules may exempt from the surcharge 
  6.22  vehicles operated by persons whom the commissioner determines 
  6.23  have job requirements that make car or van pooling impractical. 
  6.24     Sec. 6.  Minnesota Statutes 1998, section 16B.85, 
  6.25  subdivision 2, is amended to read: 
  6.26     Subd. 2.  [RISK MANAGEMENT FUND.] (a) All state 
  6.27  agencies, political subdivisions, and the Minnesota state 
  6.28  colleges and universities, may, in cooperation with the 
  6.29  commissioner, participate in insurance programs and other 
  6.30  funding alternative programs provided by the risk management 
  6.31  fund. 
  6.32     (b) When an agency or agencies enter entity described in 
  6.33  paragraph (a) enters into an insurance or self-insurance 
  6.34  program, each agency entity shall contribute the appropriate 
  6.35  share of its costs as determined by the commissioner. 
  6.36     (c) The money in the fund to pay claims arising from state 
  7.1   activities and for administrative costs, including costs for the 
  7.2   adjustment and defense of the claims, is appropriated to the 
  7.3   commissioner. 
  7.4      (d) Interest earned from the investment of money in the 
  7.5   fund shall be credited to the fund and be available to the 
  7.6   commissioner for the expenditures authorized in this subdivision.
  7.7      (e) The fund is exempt from the provisions of section 
  7.8   16A.152, subdivision 4.  In the event that proceeds in the fund 
  7.9   are insufficient to pay outstanding claims and associated 
  7.10  administrative costs, the commissioner, in consultation with the 
  7.11  commissioner of finance, may assess state agencies entities 
  7.12  participating in the fund amounts sufficient to pay the costs.  
  7.13  The commissioner shall determine the proportionate share of the 
  7.14  assessment of each agency entity. 
  7.15     Sec. 7.  Minnesota Statutes 1998, section 16B.85, 
  7.16  subdivision 3, is amended to read: 
  7.17     Subd. 3.  [RESPONSIBILITIES.] The commissioner shall: 
  7.18     (1) review the state's exposure to various types of 
  7.19  potential risks in consultation with affected agencies entities 
  7.20  and advise state agencies them as to the reduction of risk and 
  7.21  fiscal management of those losses; 
  7.22     (2) be responsible for statewide risk management 
  7.23  coordination, evaluation of funding and insuring alternatives, 
  7.24  and the approval of all insurance purchases in consultation with 
  7.25  affected agencies entities; 
  7.26     (3) identify ways to eliminate redundant efforts in the 
  7.27  management of state risk management and insurance programs; 
  7.28     (4) maintain the state risk management information system; 
  7.29  and 
  7.30     (5) administer and maintain the state risk management fund. 
  7.31     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
  7.32  16C.081, is amended to read: 
  7.33     16C.081 [EXCEPTION FOR FEDERAL CONTRACTS.] 
  7.34     Notwithstanding any law to the contrary, the commissioner 
  7.35  of transportation, commissioner of the pollution control agency, 
  7.36  or commissioner of natural resources an agency may, when 
  8.1   required by a federal agency entering into an intergovernmental 
  8.2   contract, negotiate contract terms providing for full or partial 
  8.3   prepayment to the federal agency before work is performed or 
  8.4   services are provided. 
  8.5      Sec. 9.  Laws 1998, chapter 386, article 1, section 35, is 
  8.6   amended to read: 
  8.7      Sec. 35.  [REPEALER.] 
  8.8      Minnesota Statutes 1996, sections 16B.06; 16B.07; 16B.08; 
  8.9   16B.09; 16B.101; 16B.102; 16B.103; 16B.123; 16B.13; 16B.14; 
  8.10  16B.15; 16B.16; 16B.167; 16B.17; 16B.175; 16B.18, subdivisions 
  8.11  1, 2, and 4; 16B.185; 16B.19; 16B.20, subdivisions 1 and 3; 
  8.12  16B.21; 16B.22; 16B.226; 16B.227; 16B.23; 16B.28; 16B.29; and 
  8.13  16B.89; and Minnesota Statutes 1997 Supplement, sections 16B.18, 
  8.14  subdivision 3; and 16B.20, subdivision 2; and 16B.482, are 
  8.15  repealed. 
  8.16     Sec. 10.  [REINSTATEMENT OF SECTION 16B.482.] 
  8.17     Notwithstanding Minnesota Statutes, section 645.36, 
  8.18  Minnesota Statutes 1997 Supplement, section 16B.482, is 
  8.19  reinstated.  
  8.20     Sec. 11.  [REPEALER.] 
  8.21     Minnesota Statutes 1999 Supplement, section 16B.415, is 
  8.22  repealed. 
  8.23     Sec. 12.  [EFFECTIVE DATE.] 
  8.24     Sections 9 and 10 are effective on the day following final 
  8.25  enactment.