1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 3618
1.2 A bill for an act
1.3 relating to capital improvements; authorizing spending
1.4 to acquire and better public land and buildings and
1.5 other public improvements of a capital nature with
1.6 certain conditions; requiring certain studies and
1.7 reports; authorizing sale of state bonds; canceling
1.8 earlier appropriations and reducing bond
1.9 authorizations; making technical corrections; making
1.10 changes to statutes related to administration of the
1.11 state's capital improvement program; requiring an
1.12 inventory of state-owned land; providing a certain
1.13 exemption from any moratorium on state professional or
1.14 technical contracts; authorizing a lease of certain
1.15 Minneapolis park and recreation board land; modifying
1.16 the wastewater infrastructure program; establishing a
1.17 local road improvement account; prohibiting any action
1.18 on the Dan Patch Commuter Rail Line; establishing a
1.19 multiagency working group on mitigation of effects of
1.20 DM&E rail project in southern Minnesota; authorizing
1.21 the purchase of certain state park inholdings;
1.22 appropriating money; amending Minnesota Statutes 2000,
1.23 sections 13.462, subdivision 2; 16A.11, subdivision 6;
1.24 16A.501; 16A.86, subdivision 3; 16B.335, subdivision
1.25 3; 119A.45; 446A.072, subdivisions 1, 3, 6, 7, 8, 9,
1.26 11, 12, by adding subdivisions; Laws 1998, chapter
1.27 404, section 18, subdivision 4; Laws 2000, chapter
1.28 492, article 1, section 12, subdivision 7; Laws 2000,
1.29 chapter 492, article 1, section 15, subdivision 4;
1.30 Laws 2000, chapter 492, article 1, section 22,
1.31 subdivisions 3, as amended, 4; Laws 2000, chapter 492,
1.32 article 1, section 27; Laws 2001, First Special
1.33 Session chapter 12, section 10; proposing coding for
1.34 new law in Minnesota Statutes, chapters 16B; 174;
1.35 repealing Minnesota Statutes 2000, section 446A.072,
1.36 subdivisions 2, 4, 5, 10, 13.
1.37 May 18, 2002
1.38 The Honorable Steve Sviggum
1.39 Speaker of the House of Representatives
1.41 The Honorable Don Samuelson
1.42 President of the Senate
2.2 We, the undersigned conferees for H.F. No. 3618, report
2.3 that we have agreed upon the items in dispute and recommend as
2.4 follows:
2.5
2.6 That the Senate recede from its amendment and that H.F. No.
2.7 3618 be further amended as follows:
2.8 Delete everything after the enacting clause and insert:
2.9 "Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
2.10 The sums in the column under "APPROPRIATIONS" are
2.11 appropriated from the bond proceeds fund, or another named fund,
2.12 to the state agencies or officials indicated, to be spent for
2.13 public purposes. Appropriations of bond proceeds must be spent
2.14 as authorized by the Minnesota Constitution, article XI, section
2.15 5, paragraph (a), to acquire and better public land and
2.16 buildings and other public improvements of a capital nature, or
2.17 as authorized by article XI, section 5, paragraphs (b) to (j),
2.18 or article XIV. Unless otherwise specified, the appropriations
2.19 in this act are available until the project is completed or
2.20 abandoned. Appropriations for asset preservation not spent or
2.21 encumbered by June 30, 2004, are canceled July 1, 2004.
2.22 SUMMARY
2.23 UNIVERSITY OF MINNESOTA $ 160,209,000
2.24 MINNESOTA STATE COLLEGES AND UNIVERSITIES 209,563,000
2.25 PERPICH CENTER FOR ARTS EDUCATION 768,000
2.26 CHILDREN, FAMILIES, AND LEARNING 34,900,000
2.27 MINNESOTA STATE ACADEMIES 1,500,000
2.28 NATURAL RESOURCES 101,612,000
2.29 POLLUTION CONTROL AGENCY 10,000,000
2.30 OFFICE OF ENVIRONMENTAL ASSISTANCE 4,750,000
2.31 BOARD OF WATER AND SOIL RESOURCES 8,250,000
2.32 AGRICULTURE 15,292,000
2.33 ZOOLOGICAL GARDENS 11,184,000
2.34 ADMINISTRATION 83,722,000
2.35 CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 646,000
2.36 AMATEUR SPORTS COMMISSION 8,250,000
2.37 ARTS 31,000,000
3.1 MILITARY AFFAIRS 4,357,000
3.2 TRANSPORTATION 92,500,000
3.3 METROPOLITAN COUNCIL 30,500,000
3.4 COMMERCE 5,000,000
3.5 HEALTH 775,000
3.6 HUMAN SERVICES 22,838,000
3.7 VETERANS HOMES BOARD 12,898,000
3.8 CORRECTIONS 25,870,000
3.9 TRADE AND ECONOMIC DEVELOPMENT 84,650,000
3.10 IRON RANGE RESOURCES AND REHABILITATION BOARD 1,500,000
3.11 HOUSING FINANCE AGENCY 16,200,000
3.12 MINNESOTA HISTORICAL SOCIETY 3,967,000
3.13 BOND SALE EXPENSES 880,000
3.14 CANCELLATIONS (4,437,000)
3.15 TOTAL $ 979,144,000
3.16 Bond Proceeds Fund
3.17 (General Fund Debt Service) 836,085,000
3.18 Bond Proceeds Fund
3.19 (User Financed Debt Service) 96,550,000
3.20 General Fund 5,946,000
3.21 General Fund Cancellations (2,488,000)
3.22 Bond Proceeds Cancellations (1,949,000)
3.23 State Transportation Fund
3.24 Bond Proceeds Account 45,000,000
3.25 APPROPRIATIONS
3.26 $
3.27 Sec. 2. UNIVERSITY OF MINNESOTA
3.28 Subdivision 1. To the board of regents
3.29 of the University of Minnesota for the
3.30 purposes specified in this section 160,209,000
3.31 Subd. 2. Higher Education Asset
3.32 Preservation and Replacement 35,000,000
3.33 To be spent in accordance with
3.34 Minnesota Statutes, section 135A.046.
3.35 The unspent portion of an
3.36 appropriation, but not to exceed ten
3.37 percent of the appropriation, for a
3.38 project in this section that is
3.39 complete, is available for higher
3.40 education asset preservation and
3.41 replacement under this subdivision, at
3.42 the same campus as the project for
3.43 which the original appropriation was
3.44 made and the debt service requirement
3.45 under subdivision 10 is reduced
4.1 accordingly. Minnesota Statutes,
4.2 section 16A.642, applies from the date
4.3 of the original appropriation to the
4.4 unspent amount transferred.
4.5 The board of regents must report by
4.6 February 1 each even-numbered year to
4.7 the chairs of the house and senate
4.8 committees with jurisdiction over
4.9 capital investments, and to the chairs
4.10 of the house ways and means committee
4.11 and the senate finance committee, any
4.12 project savings and reallocations for
4.13 higher education asset preservation and
4.14 replacement.
4.15 Subd. 3. Twin Cities - Minneapolis
4.16 (a) Jones Hall 8,000,000
4.17 To renovate Jones Hall on the
4.18 Minneapolis campus.
4.19 The board of regents may use the
4.20 single-phase design-build method
4.21 described in new Minnesota Statutes,
4.22 section 16C.30, subdivision 6,
4.23 paragraph (c), to implement this
4.24 project.
4.25 (b) Nicholson Hall 24,000,000
4.26 To design, renovate, furnish, and equip
4.27 Nicholson Hall, including complete
4.28 renovation of the original building and
4.29 demolition of the 1925 wing and 1946
4.30 auditorium.
4.31 The board of regents may use the
4.32 single-phase design-build method
4.33 described in new Minnesota Statutes,
4.34 section 16C.30, subdivision 6,
4.35 paragraph (c), to implement the
4.36 Nicholson Hall renovation project.
4.37 (c) Translational Research Facility 24,700,000
4.38 To design, construct, furnish, and
4.39 equip the Translational Research
4.40 Facility, an addition to the Lyons
4.41 Research Lab building on the
4.42 Minneapolis campus.
4.43 This appropriation is not available
4.44 until the commissioner of finance has
4.45 determined that at least $12,300,000
4.46 has been committed from nonstate
4.47 sources.
4.48 The board of regents may use the
4.49 two-phase design-build method described
4.50 in new Minnesota Statutes, section
4.51 16C.30, to implement this project.
4.52 (d) Teaching and Technology Center 3,000,000
4.53 To predesign and design a teaching and
4.54 technology center for the Institute of
4.55 Technology.
4.56 Subd. 4. Twin Cities - St. Paul
5.1 (a) Plant Growth Facilities - Phase 2 17,700,000
5.2 To complete design, construction,
5.3 furnishing, and equipping the
5.4 containment greenhouse, replace the
5.5 teaching and research greenhouses,
5.6 demolish the northwest greenhouses on
5.7 the St. Paul campus, and renovate the
5.8 remaining greenhouses to meet current
5.9 code requirements.
5.10 (b) Veterinary Diagnostic Laboratory 1,500,000
5.11 To renovate and upgrade the veterinary
5.12 diagnostic laboratory to provide
5.13 additional laboratory space for a
5.14 veterinary molecular diagnostic
5.15 laboratory. The renovation and upgrade
5.16 must include space for molecular
5.17 diagnostic testing for paratuberculosis
5.18 (Johne's disease), porcine reproductive
5.19 and respiratory syndrome virus in
5.20 swine, avian pneumovirus in turkeys,
5.21 bovine mastitis, and emerging and
5.22 foreign animal diseases.
5.23 Subd. 5. Crookston
5.24 Replace Bede Hall 7,701,000
5.25 To demolish Bede Hall and to design,
5.26 construct, furnish, and equip a
5.27 replacement facility.
5.28 Subd. 6. Duluth
5.29 Laboratory Science Building 25,500,000
5.30 To design, construct, furnish, and
5.31 equip a new laboratory science building
5.32 to meet the needs of the chemistry and
5.33 biology programs.
5.34 This appropriation is not available
5.35 until the commissioner of finance has
5.36 determined that at least $7,500,000 has
5.37 been committed from nonstate sources.
5.38 Subd. 7. Morris 8,600,000
5.39 To design, renovate, furnish, and equip
5.40 the social science building to correct
5.41 building code deficiencies, remodel the
5.42 interior, install new windows, upgrade
5.43 the building's mechanical and
5.44 electrical systems, replace the roof,
5.45 and construct an addition over the
5.46 existing auditorium wing to create
5.47 space for faculty offices, and to
5.48 install fire protection systems in
5.49 three student housing facilities.
5.50 This appropriation is not available
5.51 until the commissioner of finance has
5.52 determined that at least $400,000 has
5.53 been committed from nonstate sources.
5.54 Subd. 8. Classroom Improvements 2,000,000
5.55 To design, renovate, furnish, and equip
5.56 classrooms on all four University of
6.1 Minnesota campuses. Projects will
6.2 focus on installing basic technology
6.3 infrastructure, such as video
6.4 projection and Internet access,
6.5 improving disability access, and making
6.6 basic improvements to enhance the
6.7 classroom learning environment.
6.8 Priority must be given to high-use
6.9 undergraduate classrooms.
6.10 Subd. 9. Research and Outreach
6.11 Centers 2,508,000
6.12 To acquire land and design, construct,
6.13 furnish and equip facilities at
6.14 research and outreach centers.
6.15 Projects funded by this appropriation
6.16 include:
6.17 (1) research laboratory and office
6.18 space at the Northwest ROC at
6.19 Crookston;
6.20 (2) an addition to the aspen/larch
6.21 genetics laboratory at the North
6.22 Central ROC at Grand Rapids and
6.23 acquisition of land for the development
6.24 of two test planting sites to conduct
6.25 research on fast growing trees;
6.26 (3) an addition to the administration
6.27 building at the Southern ROC at Waseca;
6.28 and
6.29 (4) of this amount, $70,000 is to
6.30 construct an environmentally friendly
6.31 swine farrowing demonstration facility
6.32 at the West Central ROC, subject to
6.33 Minnesota Statutes, section 16A.695.
6.34 Subd. 10. Debt Service
6.35 (a) The board of regents shall pay the
6.36 debt service on one-third of the
6.37 principal amount of state bonds sold to
6.38 finance projects authorized by this
6.39 section, except for higher education
6.40 asset preservation and replacement, and
6.41 except that, where a nonstate match is
6.42 required, the debt service is due on a
6.43 principal amount equal to one-third of
6.44 the total project cost, less the match
6.45 committed before the bonds are sold.
6.46 After each sale of general obligation
6.47 bonds, the commissioner of finance
6.48 shall notify the board of regents of
6.49 the amounts assessed for each year for
6.50 the life of the bonds.
6.51 (b) The commissioner shall reduce the
6.52 board's assessment each year by
6.53 one-third of the net income from
6.54 investment of general obligation bond
6.55 proceeds in proportion to the amount of
6.56 principal and interest otherwise
6.57 required to be paid by the board. The
6.58 board shall pay its resulting net
6.59 assessment to the commissioner of
6.60 finance by December 1 each year. If
6.61 the board fails to make a payment when
6.62 due, the commissioner of finance shall
7.1 reduce allotments for appropriations
7.2 from the general fund otherwise
7.3 available to the board and apply the
7.4 amount of the reduction to cover the
7.5 missed debt service payment. The
7.6 commissioner of finance shall credit
7.7 the payments received from the board to
7.8 the bond debt service account in the
7.9 state bond fund each December 1 before
7.10 money is transferred from the general
7.11 fund under Minnesota Statutes, section
7.12 16A.641, subdivision 10.
7.13 Subd. 11. Contingencies
7.14 The commissioner of finance must
7.15 combine into one account, under the
7.16 control of the board of regents, the
7.17 portion of each appropriation in this
7.18 section that is attributable to the
7.19 amount budgeted for contingencies for
7.20 projects in this section. The board
7.21 must manage the account to pay for
7.22 exceptional but necessary costs of
7.23 projects authorized in this section.
7.24 Upon substantial completion or
7.25 abandonment of all projects authorized
7.26 in this section, the board must use any
7.27 funds remaining in the contingency
7.28 account for HEAPR under Minnesota
7.29 Statutes, section 135A.046. The board
7.30 of regents must report by February 1 of
7.31 each even-numbered year to the chairs
7.32 of the house and senate committees with
7.33 jurisdiction over capital investments,
7.34 and higher education finance, and to
7.35 the chairs of the house ways and means
7.36 committee and the senate finance
7.37 committee on how the money in the
7.38 contingency account has been allocated
7.39 or spent.
7.40 Subd. 12. Minnesota Goods and Services
7.41 The board of regents of the University
7.42 of Minnesota shall make a reasonable
7.43 attempt to give preference to
7.44 construction contractors who employ
7.45 Minnesota residents and to purchase
7.46 products manufactured in Minnesota for
7.47 use in construction projects undertaken
7.48 through a design-build process.
7.49 Sec. 3. MINNESOTA STATE COLLEGES AND
7.50 UNIVERSITIES
7.51 Subdivision 1. To the board of trustees
7.52 of the Minnesota state colleges and
7.53 universities for the purposes specified in
7.54 this section 209,563,000
7.55 Subd. 2. Higher Education Asset
7.56 Preservation and Replacement 60,000,000
7.57 (a) This appropriation is for the
7.58 purposes specified in Minnesota
7.59 Statutes, section 135A.046, including
7.60 safety and statutory compliance,
7.61 envelope integrity, mechanical systems,
7.62 and space restoration.
8.1 (b) The unspent portion of an
8.2 appropriation, but not to exceed ten
8.3 percent of the appropriation, for a
8.4 project in this section that is
8.5 complete, is available for higher
8.6 education asset preservation and
8.7 replacement under this subdivision, at
8.8 the same campus as the project for
8.9 which the original appropriation was
8.10 made and the debt service requirement
8.11 under subdivision 29 is reduced
8.12 accordingly. Minnesota Statutes,
8.13 section 16A.642, applies from the date
8.14 of the original appropriation to the
8.15 unspent amount transferred.
8.16 Subd. 3. Alexandria Technical College 9,150,000
8.17 To construct, furnish, and equip a
8.18 smart classroom and computer laboratory
8.19 building, including an auditorium,
8.20 connected to the college's office
8.21 education building.
8.22 Subd. 4. Bemidji State University 1,000,000
8.23 To design the colocation of the
8.24 emerging technologies and health care
8.25 programs of Bemidji state university
8.26 and Northwest technical college.
8.27 Subd. 5. Century Community and
8.28 Technical College 2,500,000
8.29 To purchase the transition wing of
8.30 intermediate school district No. 916
8.31 and design renovation of space for
8.32 expansion of the computer center,
8.33 offices, and smart classrooms.
8.34 Subd. 6. Dakota Technical College 500,000
8.35 To design the renovation of the west
8.36 side of the main campus facility to
8.37 create an information technology and
8.38 telecommunications center of excellence
8.39 and an integrated library and library
8.40 information technology center.
8.41 Subd. 7. Fergus Falls
8.42 Community College 760,000
8.43 To design, construct, furnish, and
8.44 equip an expansion of the existing
8.45 maintenance shop.
8.46 To design an addition to link
8.47 Administration and Fine Arts to provide
8.48 a one-stop student service shop, smart
8.49 classrooms, open computer laboratories;
8.50 design renovation to provide space for
8.51 technology support next to the library;
8.52 and design asset preservation work.
8.53 Subd. 8. Hennepin Technical College 2,000,000
8.54 To design, renovate, furnish, and equip
8.55 existing space at the Brooklyn Park and
8.56 Eden Prairie campuses.
8.57 Subd. 9. Inver Hills Community
9.1 College 500,000
9.2 To design renovation of existing space
9.3 and construction of an addition to
9.4 create a one-stop student services
9.5 shop; enlarge and colocate central
9.6 services, the bookstore, and a new
9.7 loading dock; upgrade mechanical
9.8 systems; and provide a welcoming front
9.9 door and help desk for the campus.
9.10 Subd. 10. Lake Superior Community
9.11 and Technical College 700,000
9.12 To design a student center addition to
9.13 house a consolidated system of student
9.14 services, smart classrooms, and open
9.15 laboratories.
9.16 Subd. 11. Metropolitan State
9.17 University 17,442,000
9.18 To construct, furnish, and equip a
9.19 library and information access center.
9.20 This appropriation is not available
9.21 until the commissioner of finance has
9.22 determined that at least $2,504,000 has
9.23 been committed from nonstate sources.
9.24 Subd. 12. Minneapolis Community
9.25 and Technical College 9,000,000
9.26 To design, renovate, furnish, and equip
9.27 the former technical college buildings
9.28 and to provide space to begin to
9.29 colocate Metropolitan State University
9.30 classrooms, offices, and student
9.31 service areas.
9.32 Subd. 13. Minnesota State University -
9.33 Mankato - Phase 3 8,400,000
9.34 To renovate, furnish, and equip Otto
9.35 Arena and adjacent areas to provide a
9.36 student fitness facility.
9.37 Subd. 14. Minnesota West Community and
9.38 Technical College at Worthington 6,300,000
9.39 To design, construct, furnish, and
9.40 equip a one-stop student services shop
9.41 and welcome counter addition.
9.42 To design, renovate, furnish, and equip
9.43 two science laboratories and associated
9.44 preparation, storage, and office spaces.
9.45 To design, renovate, furnish, and equip
9.46 consolidated nursing and allied health
9.47 department and other classroom spaces.
9.48 Subd. 15. Minnesota State University -
9.49 Moorhead 18,955,000
9.50 To construct, furnish, and equip a new
9.51 science laboratory and auditorium
9.52 addition to Hagen Hall.
9.53 Subd. 16. Normandale Community
9.54 College 9,900,000
10.1 To design, renovate, furnish, and equip
10.2 the vacated science laboratories.
10.3 Subd. 17. Northeast Higher Education
10.4 District - Virginia 5,496,000
10.5 To design, renovate, and equip science
10.6 laboratories, a learning resource
10.7 center, a student commons, and
10.8 classrooms, including technology
10.9 equipped classrooms, and construct new
10.10 loading dock and driveway.
10.11 Subd. 18. Northwest Technical College -
10.12 Moorhead Campus 400,000
10.13 To design the renovation of existing
10.14 facilities and design new facilities
10.15 for an allied health and applied
10.16 technology laboratory and support
10.17 facilities.
10.18 Subd. 19. Ridgewater Community and
10.19 Technical College 2,880,000
10.20 To design, renovate, furnish, and equip
10.21 existing chemistry, physics, and
10.22 biology laboratories and convert a
10.23 classroom into a geology laboratory on
10.24 the Willmar campus.
10.25 To design, renovate, furnish, and equip
10.26 interior space to convert obsolete
10.27 applied laboratory space on the
10.28 Hutchinson campus into chemistry,
10.29 physics, and biology laboratories.
10.30 Subd. 20. South Central Technical
10.31 College 300,000
10.32 To design renovation of teaching
10.33 laboratories at the North Mankato
10.34 campus and design asset preservation at
10.35 the Faribault campus.
10.36 Subd. 21. Southeast Technical
10.37 College 580,000
10.38 To design, renovate, furnish, and equip
10.39 a one-stop student services area and
10.40 workforce center entrance at Winona.
10.41 To design the renovation of a one-stop
10.42 student services areas and student
10.43 center entrance at Red Wing.
10.44 Subd. 22. Southwest State University 9,200,000
10.45 To renovate and reconfigure, furnish,
10.46 and equip the library and construct a
10.47 new entrance.
10.48 Subd. 23. St. Cloud State University 10,000,000
10.49 To design the renovation of Centennial
10.50 Hall and to renovate, furnish, and
10.51 equip the renovation of Centennial Hall
10.52 and its conversion from library to
10.53 classroom use and to design the code
10.54 correction and renovation of Riverview
11.1 Hall. This appropriation may also be
11.2 used for design of the renovation of
11.3 Brown Hall and Eastman Hall.
11.4 Subd. 24. St. Cloud Technical College 700,000
11.5 To design the construction of a
11.6 multistory building connected to the
11.7 existing facility and the renovation of
11.8 part of "G" wing.
11.9 Subd. 25. St. Paul Technical College
11.10 The Pipefitters Local 455/JATC may
11.11 donate money for or build a building
11.12 for academic purposes of the pipe
11.13 trades at a site approved by the board
11.14 of trustees of the Minnesota state
11.15 colleges and universities on the campus
11.16 of the St. Paul technical college. If
11.17 the donor builds the building, before
11.18 the beginning of construction, (1) the
11.19 board must grant a temporary
11.20 construction easement to the donor for
11.21 the area upon which the building is to
11.22 be built, along with necessary staging
11.23 and ingress and egress areas, (2) the
11.24 board must approve the design, and (3)
11.25 the donor must agree in a writing
11.26 approved by the attorney general to
11.27 donate the building to the state,
11.28 effective upon the state entering into
11.29 possession, at which time title to the
11.30 building passes to the state.
11.31 Subd. 26. Winona State University 30,000,000
11.32 To design, construct, furnish, and
11.33 equip a new science building to serve
11.34 programs in biology, chemistry,
11.35 geoscience, physics, nursing, health
11.36 sciences, engineering, and K-12 science
11.37 teacher preparation.
11.38 Subd. 27. Science Lab Renovations 1,900,000
11.39 To design, renovate, furnish, and equip
11.40 science laboratories at the campuses of
11.41 Southeast technical college at Winona
11.42 and Red Wing, Minnesota West at Canby
11.43 and Worthington, Minneapolis community
11.44 and technical college, and South
11.45 Central technical college at Faribault.
11.46 Subd. 28. Land Acquisition 1,000,000
11.47 To acquire real property near the state
11.48 college and university campuses from
11.49 willing sellers.
11.50 Subd. 29. Debt Service
11.51 (a) The board shall pay the debt
11.52 service on one-third of the principal
11.53 amount of state bonds sold to finance
11.54 projects authorized by this section,
11.55 except for higher education asset
11.56 preservation and replacement in
11.57 subdivision 2, and except that, where a
11.58 nonstate match is required, the debt
11.59 service is due on a principal amount
12.1 equal to one-third of the total project
12.2 cost, less the match committed before
12.3 the bonds are sold. After each sale of
12.4 general obligation bonds, the
12.5 commissioner of finance shall notify
12.6 the board of the amounts assessed for
12.7 each year for the life of the bonds.
12.8 (b) The commissioner shall reduce the
12.9 board's assessment each year by
12.10 one-third of the net income from
12.11 investment of general obligation bond
12.12 proceeds in proportion to the amount of
12.13 principal and interest otherwise
12.14 required to be paid by the board. The
12.15 board shall pay its resulting net
12.16 assessment to the commissioner of
12.17 finance by December 1 each year. If
12.18 the board fails to make a payment when
12.19 due, the commissioner of finance shall
12.20 reduce allotments for appropriations
12.21 from the general fund otherwise
12.22 available to the board and apply the
12.23 amount of the reduction to cover the
12.24 missed debt service payment. The
12.25 commissioner of finance shall credit
12.26 the payments received from the board to
12.27 the bond debt service account in the
12.28 state bond fund each December 1 before
12.29 money is transferred from the general
12.30 fund under Minnesota Statutes, section
12.31 16A.641, subdivision 10.
12.32 Subd. 30. Contingencies
12.33 The commissioner of finance must
12.34 combine into one account, under the
12.35 control of the board of trustees, the
12.36 portion of each appropriation in this
12.37 section that is attributable to the
12.38 amount budgeted for contingencies for
12.39 projects in this section. The board
12.40 must manage the account to pay for
12.41 exceptional but necessary costs of
12.42 projects authorized in this section.
12.43 Upon substantial completion or
12.44 abandonment of all projects authorized
12.45 in this section, the board must use any
12.46 funds remaining in the contingency
12.47 account for HEAPR under Minnesota
12.48 Statutes, section 135A.046. The board
12.49 of trustees must report by February 1
12.50 of each even-numbered year to the
12.51 chairs of the house and senate
12.52 committees with jurisdiction over
12.53 capital investments, and higher
12.54 education finance, and to the chairs of
12.55 the house ways and means committee and
12.56 the senate finance committee on how the
12.57 money in the contingency account has
12.58 been allocated or spent.
12.59 Sec. 4. PERPICH CENTER FOR ARTS EDUCATION
12.60 Subdivision 1. To the commissioner
12.61 of administration for the purposes
12.62 specified in this section 768,000
12.63 Subd. 2. Asset Preservation 643,000
12.64 For asset preservation capital
13.1 improvements on the campus, including
13.2 east wing climate control improvements,
13.3 ceiling replacements, centerwide
13.4 asbestos removal, flooring
13.5 replacements, and water pipe
13.6 replacement.
13.7 Subd. 3. Performance Hall Catwalk 125,000
13.8 To design and construct a lighting
13.9 catwalk along the east wall of the
13.10 performance hall.
13.11 Sec. 5. CHILDREN, FAMILIES, AND LEARNING
13.12 Subdivision 1. To the commissioner of
13.13 children, families, and learning for the
13.14 purposes specified in this section 34,900,000
13.15 Subd. 2. Maximum Effort Capital
13.16 Loans 12,400,000
13.17 This appropriation is from the maximum
13.18 effort school loan fund for a capital
13.19 loan to independent school district No.
13.20 38, Red Lake, as provided in Minnesota
13.21 Statutes, sections 126C.60 to 126C.72,
13.22 to design, construct, renovate,
13.23 furnish, and equip school facilities,
13.24 and for health and safety capital
13.25 improvements to schools.
13.26 Up to $500,000 of this appropriation is
13.27 for predesign. Any unused portion of
13.28 the $500,000 for predesign may be spent
13.29 for health and safety capital
13.30 improvements to the high school and
13.31 middle school.
13.32 The commissioner shall review the
13.33 proposed plan and budget of the project
13.34 and may reduce the amount of the loan
13.35 to ensure that the project will be
13.36 economical. The commissioner may
13.37 recover the cost incurred by the
13.38 commissioner for any professional
13.39 services associated with the final
13.40 review and construction by reducing the
13.41 proceeds of the loan paid by the
13.42 district. The commissioner shall
13.43 report to the legislature any
13.44 reductions to the appropriations in
13.45 this subdivision by January 10, 2003.
13.46 Subd. 3. Southwest Integration
13.47 Magnet Schools 1,000,000
13.48 For a grant in accordance with the
13.49 metropolitan magnet school grant
13.50 program under Minnesota Statutes,
13.51 section 124D.88, to the West Metro
13.52 Education Program joint powers board to
13.53 acquire land, prepare a site,
13.54 predesign, and design a new building
13.55 for the Southwest Integration Magnet
13.56 School in St. Louis Park, to serve a
13.57 population of approximately 500
13.58 kindergarten through grade 8 students.
13.59 Subd. 4. Library Access Grants 1,000,000
14.1 For library access grants under
14.2 Minnesota Statutes, section 134.45, to
14.3 remove architectural barriers from a
14.4 library building or site.
14.5 Subd. 5. Minnesota
14.6 Planetarium 9,500,000
14.7 For a grant to the city of Minneapolis
14.8 to design, construct, furnish, and
14.9 equip a new Minnesota planetarium,
14.10 subject to Minnesota Statutes, section
14.11 16A.695.
14.12 This appropriation is not available
14.13 until the commissioner has determined
14.14 that at least an equal amount has been
14.15 committed from nonstate sources. The
14.16 proportional share of the in-kind
14.17 contributions for the planetarium of
14.18 land, parking facilities, skyways, and
14.19 municipal infrastructure for the
14.20 planetarium may be counted as part of
14.21 the match. The proportional share of
14.22 the costs to the city of constructing
14.23 mechanical and electrical systems,
14.24 common areas, service areas, freight
14.25 elevators, and walls and roofs for the
14.26 planetarium shared with the Minneapolis
14.27 library and included in the costs of
14.28 constructing the library may also be
14.29 counted as part of the match.
14.30 The legislature intends not to
14.31 appropriate additional money to
14.32 construct the planetarium until at
14.33 least $4,000,000 in cash contributions
14.34 have been committed to the project from
14.35 other than state or local government
14.36 funds.
14.37 Subd. 6. Asian Community Center 1,000,000
14.38 For a grant to the city of St. Paul to
14.39 design, construct, furnish, and equip
14.40 an Asian community center, subject to
14.41 Minnesota Statutes, section 16A.695.
14.42 This appropriation is not available
14.43 until the commissioner has determined
14.44 that at least an equal amount has been
14.45 committed from nonstate sources.
14.46 Subd. 7. Colin Powell Youth
14.47 Leadership Center 700,000
14.48 For a grant to Hennepin county to
14.49 acquire land for and to design,
14.50 construct, furnish, and equip the Colin
14.51 Powell Youth Leadership center in
14.52 Minneapolis, subject to Minnesota
14.53 Statutes, section 16A.695. The center
14.54 will include a national guard drill
14.55 area, an education wing, including a
14.56 computer lab, a multipurpose arts
14.57 facility, a community education space,
14.58 a nutrition education and cooking
14.59 skills work-preparation area, and four
14.60 new basketball courts.
14.61 This appropriation is not available
15.1 until the commissioner has determined
15.2 that at least an equal amount has been
15.3 committed from nonstate sources.
15.4 Subd. 8. Neighborhood
15.5 House/El Rio Vista 1,800,000
15.6 For a grant to the city of St. Paul to
15.7 acquire land for and to design,
15.8 construct, furnish, and equip an
15.9 expansion of Neighborhood House/El Rio
15.10 Vista, subject to Minnesota Statutes,
15.11 section 16A.695.
15.12 This appropriation is not available
15.13 until the commissioner has determined
15.14 that at least an equal amount has been
15.15 committed from nonstate sources.
15.16 Subd. 9. Trollwood
15.17 Performing Arts School 5,500,000
15.18 For a grant to the city of Moorhead to
15.19 acquire land for and to design,
15.20 construct, furnish, and equip Trollwood
15.21 Arts Village in the city of Moorhead,
15.22 subject to Minnesota Statutes, section
15.23 16A.695. Trollwood must be available
15.24 to regional arts groups.
15.25 This appropriation is not available
15.26 until the commissioner has determined
15.27 that at least an equal amount has been
15.28 committed from nonstate sources.
15.29 Subd. 10. Early Childhood Learning
15.30 and Child Protection Facilities 2,000,000
15.31 For grants to construct or rehabilitate
15.32 facilities for programs under Minnesota
15.33 Statutes, section 119A.45.
15.34 Sec. 6. MINNESOTA STATE ACADEMIES 1,500,000
15.35 To the commissioner of administration
15.36 for asset preservation capital
15.37 improvements on both campuses of the
15.38 Minnesota state academies for the deaf
15.39 and the blind, including demolition of
15.40 the West Cottage.
15.41 Sec. 7. NATURAL RESOURCES
15.42 Subdivision 1. To the
15.43 commissioner of natural resources
15.44 for the purposes specified
15.45 in this section 101,612,000
15.46 Subd. 2. Statewide Asset Preservation 2,600,000
15.47 For asset preservation improvements and
15.48 betterments at department of natural
15.49 resources buildings statewide,
15.50 including removal of life safety
15.51 hazards and structural defects;
15.52 elimination or containment of hazardous
15.53 materials; code compliance
15.54 improvements; accessibility
15.55 improvements; replacement or renovation
15.56 of roofs, windows, tuckpointing, and
15.57 structural members; and improvements
16.1 necessary to preserve the interior and
16.2 exterior of buildings and other
16.3 infrastructure. The commissioner shall
16.4 determine project priorities as
16.5 appropriate based upon need.
16.6 The unspent portion of an
16.7 appropriation, but not to exceed ten
16.8 percent of the appropriation, for a
16.9 project in this section that is
16.10 complete, is available for asset
16.11 preservation. Minnesota Statutes,
16.12 section 16A.642, applies from the date
16.13 of the original appropriation to the
16.14 unspent amount transferred.
16.15 Subd. 3. Field Office Renovations 1,000,000
16.16 To design, acquire, renovate,
16.17 construct, furnish, and equip field
16.18 offices to relieve substandard employee
16.19 working conditions in existing
16.20 facilities.
16.21 Until June 30, 2006, the commissioner
16.22 of natural resources must not close
16.23 offices in Brainerd or Rochester,
16.24 Minnesota without first receiving
16.25 approval from the legislature.
16.26 Subd. 4. Office Facility Development 1,500,000
16.27 To acquire, design, construct, furnish,
16.28 and equip a consolidated area office
16.29 and service facility at Thief River
16.30 Falls.
16.31 Subd. 5. ADA Compliance 500,000
16.32 For improvements and betterments of a
16.33 capital nature to remove barriers and
16.34 make department of natural resources
16.35 buildings, programs, and services
16.36 accessible to individuals with
16.37 disabilities, in compliance with state
16.38 and federal ADA guidelines.
16.39 Subd. 6. State Park Initiative 28,000,000
16.40 For building, utility, and natural
16.41 resource projects within the Minnesota
16.42 state park system according to the
16.43 management plan required in Minnesota
16.44 Statutes, chapter 86A, as follows:
16.45 (1) to design, renovate, construct,
16.46 furnish, and equip state park
16.47 buildings; and
16.48 (2) to design, renovate, furnish, and
16.49 equip capital facilities at state
16.50 parks, state recreation areas, and
16.51 forest recreation areas, including, but
16.52 not limited to, roads, trails, bridges,
16.53 campgrounds, and utility systems.
16.54 This appropriation must be used to
16.55 substantially implement the master plan
16.56 for improvements dated June 23, 1997,
16.57 for the historic golf course at Fort
16.58 Ridgely state park.
17.1 $1,600,000 is for improvements and
17.2 betterments of a capital nature to
17.3 develop the Big Bog state recreation
17.4 area, including constructing,
17.5 furnishing, and equipping a visitors
17.6 center.
17.7 $2,900,000 is for improvements and
17.8 betterments of a capital nature to
17.9 develop the Red River state recreation
17.10 area, including construction of a
17.11 visitor's center.
17.12 Subd. 7. State Park and Recreation Area
17.13 Acquisition 3,000,000
17.14 For acquisition of land under Minnesota
17.15 Statutes, section 86A.05, subdivision
17.16 2, from willing sellers of private
17.17 lands within state park and recreation
17.18 area boundaries established by law.
17.19 Subd. 8. Metro Regional Park Acquisition
17.20 and Betterment 8,700,000
17.21 $6,000,000 is for a grant to the
17.22 metropolitan council. The commissioner
17.23 shall pay the amount on a reimbursement
17.24 basis to the metropolitan council upon
17.25 receipt of a certified copy of a
17.26 council resolution requesting payment.
17.27 The appropriation must be used to pay
17.28 the cost of improvements and
17.29 betterments of a capital nature, and
17.30 acquisition by the council and local
17.31 government units of regional
17.32 recreational open-space lands in
17.33 accordance with the council's policy
17.34 plan as provided in Minnesota Statutes,
17.35 section 473.315. This appropriation
17.36 must not be used for research,
17.37 planning, administration, or tax
17.38 equivalency payments. This
17.39 appropriation may be used for the
17.40 purchase of homes only if the purchases
17.41 are included in the work program
17.42 required by law and they are expressly
17.43 approved by the legislative commission
17.44 on Minnesota resources.
17.45 $2,700,000 is for a grant to the
17.46 metropolitan council to complete
17.47 renovation of the Como Park
17.48 conservatory under phase 2. The
17.49 project must include renovation of the
17.50 fern room and construction of a bonsai
17.51 collection space, an orchid growing and
17.52 display house, and a children's
17.53 activity zone, as well as corridors and
17.54 connections to the education resource
17.55 building.
17.56 Subd. 9. Regional Parks:
17.57 Greater Minnesota 4,000,000
17.58 For grants to public regional parks
17.59 organizations located outside the
17.60 metropolitan area as defined in
17.61 Minnesota Statutes, section 473.121,
17.62 subdivision 2, to acquire land, design,
17.63 and construct and redevelop regional
18.1 parks and trails, open space, and
18.2 recreational facilities. The
18.3 improvements must be of a capital
18.4 nature. A greater Minnesota regional
18.5 parks organization with a project
18.6 previously funded through the regional
18.7 parks program, whether with bond funds
18.8 or other funds, at less than the total
18.9 eligible amount may reapply for the
18.10 total eligible amount from this
18.11 appropriation. If it is awarded, the
18.12 organization must return the original
18.13 grant award. Each $3 of state grants
18.14 must be matched by $2 of nonstate funds.
18.15 Subd. 10. Forest Road and Bridge
18.16 Projects 1,200,000
18.17 For reconstruction, resurfacing,
18.18 replacement, or construction of other
18.19 improvements of a capital nature to
18.20 state forest roads and bridges
18.21 throughout the state under Minnesota
18.22 Statutes, section 89.002. The
18.23 commissioner shall determine project
18.24 priorities as appropriate based on need.
18.25 Subd. 11. Reforestation 1,500,000
18.26 For improvements authorized under the
18.27 Minnesota Constitution, article XI,
18.28 section 5, clause (f). To increase
18.29 reforestation activities to meet the
18.30 reforestation requirements of Minnesota
18.31 Statutes, section 89.002, subdivision
18.32 2, including planting, seeding, site
18.33 preparation, purchasing tree seeds and
18.34 seedlings, improving forest stands, and
18.35 protecting plantations.
18.36 Subd. 12. State Forest Land Acquisition 500,000
18.37 To acquire private lands from willing
18.38 sellers within established boundaries
18.39 of state forests throughout the state
18.40 under Minnesota Statutes, section
18.41 86A.05, subdivision 7.
18.42 Subd. 13. State Trail Acquisition
18.43 and Development 3,650,000
18.44 To acquire, develop, and renovate state
18.45 trails as specified in Minnesota
18.46 Statutes, section 85.015.
18.47 $725,000 is for the Gitchi-Gami trail.
18.48 $450,000 is for the Shooting Star trail.
18.49 $300,000 is for the Luce Line trail.
18.50 $300,000 is for the Douglas trail.
18.51 $600,000 is for a grant to the city of
18.52 Austin to acquire land for the Blazing
18.53 Star trail.
18.54 $475,000 is for the Goodhue Pioneer
18.55 trail.
18.56 $300,000 is for the Willard Munger
19.1 trail.
19.2 $500,000 is to connect the portions of
19.3 the Paul Bunyan trail in the city of
19.4 Bemidji, including constructing an
19.5 underpass. This appropriation is not
19.6 available until the commissioner has
19.7 determined that an equal amount has
19.8 been committed by the city of Bemidji.
19.9 Subd. 14. Trail Connections 1,857,000
19.10 For matching grants under Minnesota
19.11 Statutes, section 85.019, subdivision
19.12 4c, including a grant to the city of
19.13 St. Louis Park to design and construct
19.14 a grade separated pedestrian and
19.15 regional trail crossing over CSAH No.
19.16 25/Trunk Highway 7 at Trunk Highway 100
19.17 to connect the Cedar Lake Regional
19.18 Trail and the Southwest LRT Regional
19.19 Trail, a grant to the city of New Ulm
19.20 to connect the city trail to Flandrau
19.21 state park, and a grant to Stearns
19.22 county for the Lake Koronis trail.
19.23 The commissioner shall determine other
19.24 project priorities as appropriate based
19.25 on need.
19.26 Subd. 15. Metro Greenways and Natural
19.27 Areas 1,000,000
19.28 To provide grants to local units of
19.29 government for acquisition or
19.30 betterment of greenways and natural
19.31 areas in the metro region and to
19.32 acquire greenways and natural areas in
19.33 the metro region through the purchase
19.34 of conservation easements or fee
19.35 titles. The commissioner shall
19.36 determine the project priorities and
19.37 shall consult with representatives of
19.38 local units of government, nonprofit
19.39 organizations, and other interested
19.40 parties.
19.41 Subd. 16. Well Sealing 600,000
19.42 To identify and seal inactive wells on
19.43 state-owned land under Minnesota
19.44 Statutes, section 103I.311.
19.45 Subd. 17. Lewis and Clark
19.46 Rural Water System 180,000
19.47 This appropriation is from the general
19.48 fund.
19.49 For a grant to the Lewis and Clark
19.50 joint powers board to acquire land for,
19.51 and to predesign, design, construct,
19.52 furnish, and equip, a rural water
19.53 system to serve southwestern
19.54 Minnesota. This appropriation is
19.55 available when matched by $8 of federal
19.56 money and $1 of local money for each $1
19.57 of state money.
19.58 Subd. 18. Red Rock Rural
19.59 Water System 125,000
20.1 For a grant to the Red Rock rural water
20.2 system to acquire land, predesign,
20.3 design, construct, and equip the
20.4 southwest Minnesota regional water
20.5 supply project. This appropriation is
20.6 not available until at least an equal
20.7 amount of nonstate money has been
20.8 committed to the project.
20.9 Subd. 19. Dam Improvements 1,800,000
20.10 To renovate or remove publicly owned
20.11 dams.
20.12 Of this amount, up to $100,000 is for a
20.13 grant to Blue Earth county for
20.14 renovation of the Rapidan dam. This
20.15 grant is not available until at least
20.16 an equal amount is committed to the
20.17 project from nonstate sources.
20.18 Up to $1,050,000 is for a grant to the
20.19 city of Crookston for phases 2 and 3 of
20.20 the Red Lake River restoration and
20.21 habitat improvement project.
20.22 The commissioner shall determine other
20.23 project priorities as appropriate based
20.24 on need as provided in Minnesota
20.25 Statutes, sections 103G.511 and
20.26 103G.515.
20.27 Subd. 20. Flood Hazard Mitigation Grants 30,000,000
20.28 For the state share of flood hazard
20.29 mitigation grants for publicly owned
20.30 capital improvements to prevent or
20.31 alleviate flood damage under Minnesota
20.32 Statutes, section 103F.161.
20.33 The commissioner shall determine
20.34 project priorities as appropriate based
20.35 on need.
20.36 This appropriation includes money for
20.37 the following projects: Warren, East
20.38 Grand Forks, Agassiz, Montevideo, St.
20.39 Anthony, Granite Falls, Minneapolis at
20.40 27th and Knox Avenue North, St. Louis
20.41 Park, North Ottawa, Lebanon Hills in
20.42 Dakota county, Hay Creek, and Two River
20.43 watershed district Ross No. 7. For any
20.44 project listed in this paragraph that
20.45 is not ready to proceed, the
20.46 commissioner may allocate that
20.47 project's money to the next project on
20.48 the commissioner's priority list and
20.49 St. Paul.
20.50 To the extent that the cost of a
20.51 project in Warren, East Grand Forks,
20.52 Montevideo, Breckenridge, Granite
20.53 Falls, Oakport, or Crookston exceeds
20.54 two percent of the median household
20.55 income in the municipality multiplied
20.56 by the number of households in the
20.57 municipality, this appropriation is
20.58 also for the local share of the project.
20.59 Subd. 21. Stream Protection
21.1 and Restoration 1,000,000
21.2 For the design and implementation of
21.3 stream restoration projects that employ
21.4 natural channel design principles.
21.5 Subd. 22. Water Access
21.6 Acquisition and Development 1,500,000
21.7 For public water access acquisition,
21.8 construction, and renovation to capital
21.9 projects on lakes and rivers, including
21.10 construction of a fishing pier at Blue
21.11 Mound state park and other water access
21.12 through the provision of fishing piers
21.13 and shoreline access under Minnesota
21.14 Statutes, section 86A.05, subdivision 9.
21.15 Subd. 23. Lake Superior
21.16 Safe Harbor 1,100,000
21.17 To complete construction of the public
21.18 access at McQuade Road on Lake Superior
21.19 in cooperation with the U.S. Army Corps
21.20 of Engineers and the joint powers board
21.21 made up of the city of Duluth, St.
21.22 Louis county, the town of Duluth, and
21.23 the town of Lakewood.
21.24 Subd. 24. Fish Hatchery
21.25 Improvements 300,000
21.26 For improvements of a capital nature to
21.27 design, construct, renovate, furnish,
21.28 and equip fish culture facilities under
21.29 Minnesota Statutes, section 97A.045,
21.30 subdivision 1.
21.31 Subd. 25. Fisheries Acquisition
21.32 and Improvement 500,000
21.33 To acquire aquatic management areas and
21.34 to make public improvements and
21.35 betterments of a capital nature to fish
21.36 habitat under Minnesota Statutes,
21.37 section 86A.05, subdivision 14.
21.38 Subd. 26. Scientific and Natural Area
21.39 Acquisition and Improvement 2,500,000
21.40 To acquire land for scientific and
21.41 natural areas and for development,
21.42 protection, or improvements of a
21.43 capital nature to scientific and
21.44 natural areas throughout the state
21.45 under Minnesota Statutes, sections
21.46 84.033 and 86A.05, subdivision 5.
21.47 Up to $1,500,000 is to acquire and make
21.48 improvements of a capital nature to
21.49 restore, and develop the Seminary fen
21.50 in the Assumption creek watershed in
21.51 Carver county. The commissioner shall
21.52 manage the Seminary fen in accordance
21.53 with Minnesota Statutes, chapter 86A,
21.54 in part as an aquatic management area,
21.55 in part as a scientific and natural
21.56 area, and in part as a wildlife
21.57 management area.
21.58 Subd. 27. Natural and Scenic Area
22.1 Land Acquisition Grants 1,000,000
22.2 For matching grants to local units of
22.3 government to acquire and better local
22.4 natural and scenic areas under
22.5 Minnesota Statutes, section 85.019,
22.6 subdivision 4a. The commissioner shall
22.7 determine project priorities as
22.8 appropriate based on project
22.9 significance and need.
22.10 Subd. 28. RIM Consolidated
22.11 Wildlife and Critical Habitat Match 1,000,000
22.12 To acquire land and interests in land
22.13 for wildlife management area purposes
22.14 under Minnesota Statutes, section
22.15 97A.145; for improvements of a capital
22.16 nature to develop, protect, or improve
22.17 wildlife management areas and other
22.18 state lands throughout the state under
22.19 Minnesota Statutes, section 86A.05,
22.20 subdivision 8; and to provide state
22.21 match for the critical habitat private
22.22 sector matching account under Minnesota
22.23 Statutes, section 84.943, for the
22.24 acquisition or improvement of critical
22.25 fish, wildlife, and native plant
22.26 habitats.
22.27 Subd. 29. Native Prairie
22.28 Bank Easements 1,000,000
22.29 For acquisition of native prairie bank
22.30 easements under Minnesota Statutes,
22.31 section 84.96.
22.32 Sec. 8. POLLUTION CONTROL AGENCY 10,000,000
22.33 To the pollution control agency to
22.34 design and construct remedial systems
22.35 and acquire land at landfills
22.36 throughout the state in accordance with
22.37 the closed landfill program under
22.38 Minnesota Statutes, section 115B.39.
22.39 Sec. 9. OFFICE OF ENVIRONMENTAL ASSISTANCE
22.40 Subdivision 1. To the office of environmental
22.41 assistance for the purposes specified
22.42 in this section 4,750,000
22.43 Subd. 2. Solid Waste Capital
22.44 Assistance Grants 3,600,000
22.45 To the office of environmental
22.46 assistance for the solid waste capital
22.47 assistance grants program under
22.48 Minnesota Statutes, section 115A.54.
22.49 Grants from this appropriation must be
22.50 awarded to applicants whose
22.51 applications were on file with the
22.52 office before January 1, 2002. The
22.53 office must give priority for grants to
22.54 projects that expand processing
22.55 capacity.
22.56 Subd. 3. Fergus Falls -
22.57 Solid Waste Combustor 1,150,000
22.58 For a grant to the city of Fergus Falls
23.1 to design, construct, and equip the
23.2 city's municipal solid waste combustor
23.3 with new air pollution control
23.4 equipment to meet federal and state
23.5 environmental guidelines. This grant
23.6 is in addition to any other state
23.7 grants previously awarded for this
23.8 project, including the 1997 grant to
23.9 the city of Fergus Falls by the office
23.10 of environmental assistance. This
23.11 appropriation is not available until
23.12 the commissioner has determined that at
23.13 least $1,150,000 has been committed
23.14 from nonstate sources.
23.15 Sec. 10. BOARD OF WATER AND SOIL RESOURCES
23.16 Subdivision 1. To the board
23.17 of water and soil resources for the
23.18 purposes specified in this section 8,250,000
23.19 Subd. 2. RIM Conservation
23.20 Easements 2,000,000
23.21 This appropriation is to acquire
23.22 conservation easements from landowners
23.23 on marginal lands to protect soil and
23.24 water quality and to support fish and
23.25 wildlife habitat as provided in
23.26 Minnesota Statutes, section 103F.515.
23.27 Subd. 3. Shoreland Protection
23.28 Program 750,000
23.29 To acquire conservation easements in
23.30 environmentally sensitive lake and
23.31 river shoreland areas from private
23.32 landowners. The board may award grants
23.33 to local soil and water conservation
23.34 districts and participating local units
23.35 of government to accomplish the
23.36 purposes of this program, in accordance
23.37 with new Minnesota Statutes, section
23.38 103F.225.
23.39 $100,000 of this amount may be used to
23.40 administer the program.
23.41 Subd. 4. Wetland Replacement
23.42 Due to Public Road Projects 2,700,000
23.43 To acquire land for wetlands or restore
23.44 wetlands to be used to replace wetlands
23.45 drained or filled as a result of the
23.46 repair, maintenance, or rehabilitation
23.47 of existing public roads as required by
23.48 Minnesota Statutes, section 103G.222,
23.49 subdivision 1, paragraph (l).
23.50 The purchase price paid for acquisition
23.51 of land, fee, or perpetual easement
23.52 must be the fair market value as
23.53 determined by the board. The board may
23.54 enter into agreements with the federal
23.55 government, other state agencies,
23.56 political subdivisions, and nonprofit
23.57 organizations or fee owners to acquire
23.58 land and restore and create wetlands
23.59 and to acquire existing wetland banking
23.60 credits with money provided by this
23.61 appropriation. Acquisition of or the
24.1 conveyance of land may be in the name
24.2 of the political subdivision.
24.3 Subd. 5. Lazarus Creek 1,500,000
24.4 For a grant to Area II Minnesota River
24.5 Basin Projects, Inc. for construction
24.6 of the LQP-25/Lazarus Creek floodwater
24.7 retention project. The grant may not
24.8 exceed 75 percent of the project's
24.9 cost. The remaining share must be
24.10 provided by Area II Minnesota River
24.11 Basin Projects, Inc.
24.12 Subd. 6. Stillwater -
24.13 Brown's Creek 1,300,000
24.14 For a grant to the city of Stillwater
24.15 to provide environmental protection
24.16 capital improvements for Brown's Creek.
24.17 Sec. 11. AGRICULTURE
24.18 Subdivision 1. To the commissioner of
24.19 administration or another named agency for
24.20 the purposes specified in this section 15,292,000
24.21 Subd. 2. Rural Finance Authority
24.22 Loan Participation 15,000,000
24.23 For purposes as set forth in the
24.24 Minnesota Constitution, article XI,
24.25 section 5, clause (h). To the rural
24.26 finance authority to purchase
24.27 participation interests in or to make
24.28 direct agricultural loans to farmers
24.29 under Minnesota Statutes, chapter 41B.
24.30 This appropriation is for the beginning
24.31 farmer program under Minnesota
24.32 Statutes, section 41B.039, the loan
24.33 restructuring program under Minnesota
24.34 Statutes, section 41B.04, the
24.35 seller-sponsored program under
24.36 Minnesota Statutes, section 41B.042,
24.37 the agricultural improvement loan
24.38 program under Minnesota Statutes,
24.39 section 41B.043, and the livestock
24.40 expansion loan program under Minnesota
24.41 Statutes, section 41B.045. All debt
24.42 service on bond proceeds used to
24.43 finance this appropriation must be
24.44 repaid by the rural finance authority
24.45 under Minnesota Statutes, section
24.46 16A.643. Loan participations must be
24.47 priced to provide full interest and
24.48 principal coverage and a reserve for
24.49 potential losses.
24.50 Priority for loans must be given first
24.51 to basic beginning farmer loans;
24.52 second, to seller-sponsored loans; and
24.53 third, to agricultural improvement
24.54 loans.
24.55 Subd. 3. Expansion of Metro
24.56 Greenhouse and Storage Bay 292,000
24.57 To design, construct, furnish, and
24.58 equip an expansion of the greenhouse
24.59 facility owned by the department of
24.60 agriculture on the campus of
25.1 Metropolitan state university in St.
25.2 Paul.
25.3 Sec. 12. MINNESOTA ZOOLOGICAL
25.4 GARDENS
25.5 Subdivision 1. To the Minnesota
25.6 Zoological Gardens for the purposes
25.7 specified in this section 11,184,000
25.8 Subd. 2. Asset Preservation 3,000,000
25.9 For capital asset preservation
25.10 improvements and betterments.
25.11 Subd. 3. Phase 1 of Master Plan 8,184,000
25.12 To design, construct, furnish, and
25.13 equip zoo facilities consistent with
25.14 phase 1 of the facilities and business
25.15 master plan for the Asia Trail. Up to
25.16 $1,000,000 of this appropriation may be
25.17 used to design other components of
25.18 phase 1.
25.19 This appropriation is not available
25.20 until the commissioner of finance has
25.21 determined that additional money at
25.22 least equal to 25 percent of the
25.23 appropriated amount has been committed
25.24 to the project from nonstate sources.
25.25 Sec. 13. ADMINISTRATION
25.26 Subdivision 1. To the commissioner
25.27 of administration for the purposes
25.28 specified in this section 83,722,000
25.29 Subd. 2. Capital Asset
25.30 Preservation and Replacement (CAPRA) 14,000,000
25.31 To be spent in accordance with
25.32 Minnesota Statutes, section 16A.632.
25.33 The unspent portion of an
25.34 appropriation, but not to exceed ten
25.35 percent of the appropriation, for a
25.36 project in this section that is
25.37 complete, is available for capital
25.38 asset preservation and replacement.
25.39 Minnesota Statutes, section 16A.642,
25.40 applies from the date of the original
25.41 appropriation to the unspent amount
25.42 transferred.
25.43 Subd. 3. Electrical Utility
25.44 Infrastructure - Phase 6 3,231,000
25.45 To complete the upgrade of the
25.46 high-voltage primary electrical
25.47 distribution system in the capitol
25.48 complex, replace the emergency
25.49 generator in the Capitol, and upgrade
25.50 the non-high-voltage electrical system
25.51 in the Capitol building.
25.52 Subd. 4. Agency Relocation 1,500,000
25.53 This appropriation is from the general
25.54 fund.
26.1 For relocation of state agencies as
26.2 determined by the commissioner of
26.3 administration, including, but not
26.4 limited to, the bureau of criminal
26.5 apprehension, tenants in the Veterans
26.6 Services building, and the departments
26.7 of Trade and Economic Development and
26.8 Economic Security or their successor.
26.9 Subd. 5. Renovate Governor's
26.10 Residence 4,291,000
26.11 To design, renovate, furnish, and equip
26.12 the Governor's residence in St. Paul.
26.13 $45,000 is from the general fund for
26.14 relocation expenses.
26.15 Subd. 6. Health and Agriculture
26.16 Laboratories 60,000,000
26.17 To design, construct, furnish, and
26.18 equip a joint laboratory facility in
26.19 St. Paul for the departments of health
26.20 and agriculture.
26.21 Subd. 7. Health, Agriculture, and Human Services
26.22 Office Facilities
26.23 The commissioner of administration may
26.24 enter into one or more long-term
26.25 lease-purchase agreements with the St.
26.26 Paul port authority or any other
26.27 governmental entity, for terms of up to
26.28 25 years, for the development of office
26.29 facilities in St. Paul for the
26.30 departments of health, agriculture, and
26.31 human services. The commissioner must
26.32 submit each agreement to the
26.33 legislative commission on planning and
26.34 fiscal policy for its recommendation.
26.35 If the commission does not provide the
26.36 commissioner with a recommendation
26.37 within 30 days of receiving the
26.38 agreement, the recommendation is
26.39 considered to be positive. A
26.40 recommendation is advisory only. The
26.41 lease-purchase agreements are exempt
26.42 from Minnesota Statutes, sections
26.43 15.50, subdivision 2, paragraph (e);
26.44 and 16B.24, subdivisions 6 and 6a. The
26.45 lease-purchase agreements must not be
26.46 terminated except for nonappropriation
26.47 of money. The lease-purchase
26.48 agreements must provide the state with
26.49 a unilateral right to purchase the
26.50 leased premises at specified times for
26.51 specified amounts. The office facility
26.52 for the department of human services
26.53 must not have more gross square feet of
26.54 space than the department occupies as
26.55 of the effective date of this section
26.56 for offices that will be moved to the
26.57 new facility.
26.58 Subd. 8. State-owned Property
26.59 The commissioner may enter into a
26.60 ground lease for state-owned property
26.61 in the capitol complex in conjunction
26.62 with the execution of a lease-purchase
26.63 agreement for any improvements
27.1 constructed on that site.
27.2 Notwithstanding the requirements of
27.3 Minnesota Statutes, section 16A.695,
27.4 subdivision 2, paragraph (b), the
27.5 ground lease must be for a term equal
27.6 to the term of the lease-purchase
27.7 agreement, and must include an option
27.8 to purchase the land at its then fair
27.9 market value if the improvements are
27.10 not purchased by the state at the end
27.11 of the term of the lease-purchase
27.12 agreement, or at any earlier time that
27.13 the lease-purchase agreement is
27.14 terminated.
27.15 Subd. 9. Government Services
27.16 Center 700,000
27.17 To predesign in Olmsted county a
27.18 government services facility to
27.19 colocate federal, state, and local
27.20 government offices, to the extent that
27.21 the predesign determines their
27.22 colocation to be feasible and
27.23 practical. Participating agencies to
27.24 be evaluated in the predesign must
27.25 include, but need not be limited to,
27.26 the city of Rochester; Olmsted county;
27.27 the state departments of natural
27.28 resources, commerce, economic security,
27.29 health, pollution control, revenue, and
27.30 the board of water and soil resources;
27.31 and appropriate federal agencies.
27.32 Sec. 14. CAPITOL AREA ARCHITECTURAL
27.33 AND PLANNING BOARD 646,000
27.34 The appropriation in this section may
27.35 not be spent on any project that
27.36 affects space under the control of the
27.37 senate without the approval of the
27.38 secretary of the senate nor on any
27.39 project that affects space under the
27.40 control of the house of representatives
27.41 without the approval of the chief clerk
27.42 of the house.
27.43 To the commissioner of administration
27.44 to plaster and repaint public spaces
27.45 and to conserve and repair existing
27.46 artwork on the ground, first, and
27.47 second floors of the capitol building.
27.48 This appropriation is from the general
27.49 fund.
27.50 Sec. 15. AMATEUR SPORTS COMMISSION
27.51 Subdivision 1. To the amateur sports
27.52 commission for the purposes specified
27.53 in this section 8,250,000
27.54 Subd. 2. Sports Conference Center 5,000,000
27.55 To construct, furnish, and equip a
27.56 sports conference center on the campus
27.57 of the National Sports Center and for
27.58 related capital development costs,
27.59 subject to Minnesota Statutes, section
27.60 16A.695.
28.1 Subd. 3. National Volleyball
28.2 Center - Phase 2 3,000,000
28.3 To design, construct, furnish, and
28.4 equip Phase 2 of the National
28.5 Volleyball Center in Rochester.
28.6 Subd. 4. Mount Itasca Biathlon
28.7 Training Facility 250,000
28.8 To complete construction of the Mount
28.9 Itasca biathlon training project. This
28.10 appropriation is not available until at
28.11 least an equal amount has been
28.12 committed to the project from nonstate
28.13 sources.
28.14 Sec. 16. ARTS
28.15 Subdivision 1. To the commissioner of
28.16 administration for the purposes specified
28.17 in this section 31,000,000
28.18 Subd. 2. Bloomington -
28.19 Bloomington Center for the Arts 1,000,000
28.20 This appropriation is from the general
28.21 fund.
28.22 For a grant to the city of Bloomington
28.23 to furnish and equip a new multipurpose
28.24 public arts facility to facilitate the
28.25 economic development, education, and
28.26 cultural activities in the city of
28.27 Bloomington that will serve the
28.28 southern and southwest metro areas.
28.29 This appropriation is not available
28.30 until the commissioner has determined
28.31 that at least an equal amount has been
28.32 committed from nonstate sources.
28.33 Subd. 3. Minneapolis -
28.34 Children's Theatre Company 5,000,000
28.35 For a grant to Hennepin county to
28.36 design, construct, furnish, and equip
28.37 an expansion of the Children's Theatre
28.38 Company's current facility. Hennepin
28.39 county may enter into a lease or
28.40 management agreement for operation of
28.41 the theater, subject to Minnesota
28.42 Statutes, section 16A.695.
28.43 This appropriation is not available
28.44 until the commissioner has determined
28.45 that at least an equal amount has been
28.46 committed from nonstate sources.
28.47 Subd. 4. Minneapolis -
28.48 Guthrie Theater 24,000,000
28.49 For a grant to the Minneapolis
28.50 community development agency to acquire
28.51 and prepare a site for and to design,
28.52 construct, furnish, and equip a new
28.53 Guthrie Theater in the city of
28.54 Minneapolis. The Minneapolis community
28.55 development agency may enter into a
28.56 lease or management agreement for the
28.57 theater, subject to Minnesota Statutes,
29.1 section 16A.695.
29.2 This appropriation is not available
29.3 until the commissioner has determined
29.4 that at least an equal amount has been
29.5 committed from nonstate sources.
29.6 Subd. 5. Rochester -
29.7 Rochester Art Center 1,000,000
29.8 This appropriation is from the general
29.9 fund.
29.10 For a grant to the city of Rochester to
29.11 design the new Rochester Art Center.
29.12 This appropriation is not available
29.13 until the commissioner has determined
29.14 that an equal amount has been committed
29.15 from nonstate sources.
29.16 Subd. 6. St. Paul -
29.17 Minnesota African-American
29.18 Performing Arts Center
29.19 Notwithstanding Minnesota Statutes,
29.20 section 16A.642, $1,250,000 of the
29.21 appropriation in Laws 1999, chapter
29.22 240, article 2, section 12, subdivision
29.23 14, is available until July 1, 2003.
29.24 Sec. 17. MILITARY AFFAIRS
29.25 Subdivision 1. To the adjutant
29.26 general for the purposes specified
29.27 in this section 4,357,000
29.28 Subd. 2. Asset Preservation 2,500,000
29.29 For asset preservation improvements and
29.30 betterments of a capital nature at
29.31 military affairs facilities statewide.
29.32 Subd. 3. ADA Improvements 357,000
29.33 For improvements and betterments of a
29.34 capital nature to remove barriers and
29.35 make department of military affairs
29.36 buildings, programs, and services
29.37 accessible to individuals with
29.38 disabilities, in compliance with state
29.39 and federal ADA guidelines.
29.40 Subd. 4. Facility Life Safety
29.41 Improvements 1,000,000
29.42 For life/safety improvements and
29.43 betterments of a capital nature at
29.44 military affairs facilities statewide.
29.45 Subd. 5. Camp Ripley Antiterrorism
29.46 Facility 500,000
29.47 For predesign of a joint military/law
29.48 enforcement antiterrorism training
29.49 facility at Camp Ripley.
29.50 Sec. 18. TRANSPORTATION
29.51 Subdivision 1. To the
29.52 commissioner of transportation for
30.1 the purposes specified in this section 92,500,000
30.2 Subd. 2. Local Bridge Replacement
30.3 and Rehabilitation 45,000,000
30.4 This appropriation is from the bond
30.5 proceeds account in the state
30.6 transportation fund as provided in
30.7 Minnesota Statutes, section 174.50, to
30.8 match federal money and to replace or
30.9 rehabilitate local deficient bridges.
30.10 Political subdivisions may use grants
30.11 made under this section to construct or
30.12 reconstruct bridges, including:
30.13 (1) matching federal-aid grants to
30.14 construct or reconstruct key bridges;
30.15 (2) paying the costs of preliminary
30.16 engineering and environmental studies
30.17 authorized under Minnesota Statutes,
30.18 section 174.50, subdivision 6a;
30.19 (3) paying the costs to abandon an
30.20 existing bridge that is deficient and
30.21 in need of replacement, but where no
30.22 replacement will be made; and
30.23 (4) paying the costs to construct a
30.24 road or street to facilitate the
30.25 abandonment of an existing bridge
30.26 determined by the commissioner to be
30.27 deficient, if the commissioner
30.28 determines that construction of the
30.29 road or street is more cost efficient
30.30 than the replacement of the existing
30.31 bridge.
30.32 Subd. 3. Local Road Improvement Program 20,000,000
30.33 Of this appropriation:
30.34 (1) $10,000,000 is for deposit in the
30.35 trunk highway corridor projects account
30.36 in the local road improvement fund
30.37 under new Minnesota Statutes, section
30.38 174.52, subdivision 2.
30.39 (2) $10,000,000 is for deposit in the
30.40 local road account for routes of
30.41 regional significance in the local road
30.42 improvement fund under new Minnesota
30.43 Statutes, section 174.52, subdivision 4.
30.44 Subd. 4. Town Road Sign Replacement 1,000,000
30.45 For grants to political subdivisions to
30.46 pay the local share of costs of town
30.47 road sign replacement under the federal
30.48 highway administration's hazard
30.49 elimination program. Grants under this
30.50 subdivision may only be used for the
30.51 purchase of signs that conform to the
30.52 commissioner of transportation's
30.53 uniform manual of traffic control
30.54 devices, including applicable
30.55 reflective sheeting requirements, and
30.56 that have a useful life of at least 20
30.57 years.
31.1 Subd. 5. Duluth Aerial
31.2 Lift Bridge 1,000,000
31.3 For a grant to the city of Duluth for
31.4 capital restoration of the aerial lift
31.5 bridge. This appropriation is
31.6 available when matched by $1 of money
31.7 secured or provided by the city of
31.8 Duluth for each $1 of state money.
31.9 Subd. 6. Port Development Assistance 3,000,000
31.10 For grants under Minnesota Statutes,
31.11 sections 457A.01 to 457A.06. Any
31.12 improvements made with the proceeds of
31.13 these grants must be publicly owned.
31.14 Subd. 7. Freight Access Improvements 7,000,000
31.15 Each grant is not available until the
31.16 commissioner has determined that at
31.17 least an equal amount has been
31.18 committed from any combination of
31.19 municipal state-aid money and nonstate
31.20 sources. The state share may be
31.21 allocated to any one or more of the
31.22 project elements, with the nonstate
31.23 money used to complete any elements not
31.24 completed with state money.
31.25 $3,500,000 is for a grant to the city
31.26 of Savage to improve highway access to
31.27 the ports of Savage. The improvements
31.28 may include local frontage roads,
31.29 access consolidations, road closures,
31.30 new signals, and acceleration and
31.31 deceleration lanes.
31.32 $3,500,000 is for a grant to the port
31.33 authority of Winona to construct
31.34 intermodal improvements at the Winona
31.35 harbor. The improvements may include
31.36 commercial harbor dredging, overpass
31.37 construction, street widening, signal
31.38 installation, and intersection
31.39 reconstruction.
31.40 Subd. 8. Greater Minnesota
31.41 Transit Facilities 2,000,000
31.42 For capital assistance for greater
31.43 Minnesota transit systems to be used
31.44 for transit capital facilities. Money
31.45 from this appropriation may be used to
31.46 pay up to 80 percent of the nonfederal
31.47 share of these facilities.
31.48 Subd. 9. Radio Communications
31.49 Statewide System 13,000,000
31.50 To design and construct the statewide
31.51 public safety radio communications
31.52 system infrastructure, coordinating it
31.53 with other state and local units of
31.54 government, and extending it to all of
31.55 the southeast district of the state
31.56 patrol, and into the central district
31.57 of the state patrol, with first
31.58 priority given to development in
31.59 Stearns, Sherburne, Benton, and Wright
31.60 counties, subject to the requirements
32.1 of Minnesota Statutes, section 16A.695.
32.2 Subd. 10. DM&E Working Group 500,000
32.3 This appropriation is from the general
32.4 fund and is for the purposes of section
32.5 86.
32.6 Sec. 19. METROPOLITAN COUNCIL
32.7 Subdivision 1. To the metropolitan
32.8 council for the purposes specified
32.9 in this section 30,500,000
32.10 Subd. 2. Northwest Busway 20,000,000
32.11 To design and construct a busway in the
32.12 northwest metropolitan area between
32.13 downtown Minneapolis and Rogers. This
32.14 appropriation is contingent on
32.15 $12,000,000 from Hennepin county and
32.16 $5,000,000 from the metropolitan
32.17 council for the project. Total funding
32.18 from all sources may be used for
32.19 roadway design, reconstruction,
32.20 acquisition of land and right-of-way,
32.21 and to design, construct, furnish, and
32.22 equip transit stations and park and
32.23 rides. Design-build under new
32.24 Minnesota Statutes, sections 383B.158
32.25 to 383B.1586, may be used for
32.26 implementing this project.
32.27 Subd. 3. Livable Communities Grant
32.28 Program 9,000,000
32.29 For public infrastructure grants for
32.30 development and redevelopment projects
32.31 of the livable communities grant
32.32 program under Minnesota Statutes,
32.33 sections 473.25 to 473.255, as
32.34 applicable.
32.35 In development of the project, the
32.36 council shall:
32.37 (1) take into consideration livable
32.38 communities principles, including
32.39 support of housing production and
32.40 ensuring integration of land use and
32.41 transportation needs of communities
32.42 along the route of the busway;
32.43 (2) take advantage of any local funding
32.44 for the project that may be available;
32.45 and
32.46 (3) encourage citizen and stakeholder
32.47 participation in development of the
32.48 project.
32.49 Before soliciting any applications for
32.50 grants, the council must present its
32.51 proposed criteria for ranking projects
32.52 and the proposed application process to
32.53 the legislative commission on
32.54 metropolitan government for review and
32.55 recommendations. Before making any
32.56 grant awards after receiving
32.57 applications for funding, the council
32.58 must present to the legislative
33.1 commission on metropolitan government
33.2 for review and comment, a complete list
33.3 of applications received by the council
33.4 by the application deadline, the
33.5 council's ranking under the adopted
33.6 criteria, and the proposed funding
33.7 awards.
33.8 Subd. 4. Park-and-Ride Facilities 500,000
33.9 For land acquisition and construction
33.10 of park-and-ride facilities in the
33.11 seven-county metropolitan area outside
33.12 the transit taxing district defined in
33.13 Minnesota Statutes, section 473.446,
33.14 subdivision 2.
33.15 Subd. 5. Central Corridor
33.16 Transitway 1,000,000
33.17 For predesign, design, final
33.18 environmental impact statement, and
33.19 preliminary engineering of the Central
33.20 Corridor Bus Transitway between St.
33.21 Paul and the city of Minneapolis. This
33.22 appropriation must not be used for any
33.23 work on rail transportation.
33.24 Sec. 20. COMMERCE 5,000,000
33.25 To the commissioner of finance for the
33.26 energy conservation investment loan
33.27 program under Minnesota Statutes,
33.28 section 216C.37.
33.29 Sec. 21. HEALTH 775,000
33.30 To design and construct a community
33.31 dental clinic at Lake Superior
33.32 community college in Duluth and design
33.33 and renovate the Northwest technical
33.34 college dental hygiene clinic in
33.35 Moorhead, subject to Minnesota
33.36 Statutes, section 16A.695.
33.37 Sec. 22. HUMAN SERVICES
33.38 Subdivision 1. To the
33.39 commissioner of administration
33.40 for the purposes specified
33.41 in this section 22,838,000
33.42 Subd. 2. Systemwide Roof
33.43 Renovation and Replacement 2,789,000
33.44 For renovation and replacement of roofs
33.45 at department of human services
33.46 facilities statewide.
33.47 Subd. 3. Systemwide Asset
33.48 Preservation 4,000,000
33.49 For asset preservation improvements and
33.50 betterments of a capital nature at
33.51 state regional treatment centers.
33.52 The unspent portion of an
33.53 appropriation, but not to exceed ten
33.54 percent of the appropriation, for a
33.55 project in this section that is
33.56 complete, is available for asset
34.1 preservation. Minnesota Statutes,
34.2 section 16A.642, applies from the date
34.3 of the original appropriation to the
34.4 unspent amount transferred.
34.5 Subd. 4. Systemwide -
34.6 Building and Structure Demolition 2,750,000
34.7 To demolish and dispose of hazardous
34.8 materials from obsolete buildings at
34.9 state regional treatment centers.
34.10 Subd. 5. Brainerd
34.11 Regional Treatment Center 6,305,000
34.12 To design, renovate, furnish, and equip
34.13 the residential and program areas in
34.14 building No. 20.
34.15 Subd. 6. Fergus Falls
34.16 Regional Treatment Center 3,000,000
34.17 To design, renovate, construct,
34.18 furnish, and equip ancillary support
34.19 and program facilities, including
34.20 improvements to basic infrastructure,
34.21 hazardous materials abatement, and
34.22 demolition that will facilitate the
34.23 relocation of the facility's ancillary
34.24 support, treatment, and residential
34.25 programs from the Kirkbride buildings.
34.26 Subd. 7. St. Peter
34.27 Regional Treatment Center 3,619,000
34.28 To design and replace the high-pressure
34.29 steam boilers and convert the system to
34.30 a low-pressure steam system at the St.
34.31 Peter regional treatment center.
34.32 Subd. 8. People, Inc.
34.33 North Side Community Support Program 375,000
34.34 This appropriation is from the general
34.35 fund.
34.36 For a grant to Minneapolis Community
34.37 Development Agency to purchase,
34.38 remodel, and complete accessibility
34.39 upgrades to an existing building or to
34.40 acquire land or construct a building to
34.41 be used by the People, Inc. North Side
34.42 Community Support Program, which may
34.43 provide office space for state
34.44 employees.
34.45 This grant is available when matched by
34.46 at least $175,000 from nonstate sources.
34.47 Subd. 9. Designer Selection
34.48 Notwithstanding Minnesota Statutes,
34.49 section 16B.33, the commissioner of
34.50 administration may select design firms
34.51 for projects funded in this section
34.52 that are considered repair,
34.53 replacement, or asset preservation in
34.54 nature and are not intended to
34.55 construct, erect, or remodel a
34.56 building. For this purpose, remodeling
34.57 means reconfiguring and upgrading
35.1 interior space, not replacing building
35.2 components or equipment.
35.3 Sec. 23. VETERANS HOMES BOARD
35.4 Subdivision 1. To the commissioner
35.5 of administration for the purposes
35.6 specified in this section 12,898,000
35.7 Subd. 2. Asset Preservation 2,000,000
35.8 For asset preservation improvements and
35.9 betterments of a capital nature at
35.10 veterans homes statewide.
35.11 Subd. 3. Hastings Veterans Home - Phase 3 8,553,000
35.12 For design and renovation of the
35.13 utility infrastructure systems and
35.14 related improvements at the campus of
35.15 the Hastings veterans home.
35.16 Subd. 4. Silver Bay Veterans Home 2,345,000
35.17 To replace the roof.
35.18 Sec. 24. CORRECTIONS
35.19 Subdivision 1. To the commissioner of
35.20 administration for the purposes specified
35.21 in this section 25,870,000
35.22 Subd. 2. Asset Preservation 17,000,000
35.23 For improvements and betterments of a
35.24 capital nature at Minnesota
35.25 correctional facilities statewide,
35.26 including, but not limited to,
35.27 completing the perimeter wall and
35.28 security improvements at
35.29 MCF-Stillwater. A portion of this
35.30 appropriation may be used for wetland
35.31 mitigation for the Rush City prison.
35.32 The unspent portion of an
35.33 appropriation, but not to exceed ten
35.34 percent of the appropriation, for a
35.35 project in this section that is
35.36 complete, is available for asset
35.37 preservation. Minnesota Statutes,
35.38 section 16A.642, applies from the date
35.39 of the original appropriation to the
35.40 unspent amount transferred.
35.41 Subd. 3. Minnesota Correctional
35.42 Facility - Lino Lakes 4,160,000
35.43 To design, construct, furnish, and
35.44 equip a new 416-bed unit to house
35.45 offenders.
35.46 This appropriation is not available
35.47 until the commissioner has determined
35.48 that at least $10,179,000 has been
35.49 committed from federal sources.
35.50 Subd. 4. Minnesota Correctional
35.51 Facility - Shakopee 3,070,000
35.52 To design, construct, renovate,
35.53 furnish, and equip the Independent
36.1 Living Center (ILC) into a 48-bed
36.2 general population living unit;
36.3 increase space in the kitchen, serving,
36.4 and eating areas; increase space in the
36.5 visitation area; and modify the staff
36.6 control station in the segregation unit
36.7 to provide adequate space for updated
36.8 technical equipment and more room for
36.9 staff.
36.10 Subd. 5. Minnesota Correctional
36.11 Facility - Stillwater 90,000
36.12 To predesign a new 150-bed segregation
36.13 unit on the facility grounds.
36.14 Subd. 6. Bayport Storm Sewer 1,550,000
36.15 For a grant to the city of Bayport for
36.16 the Middle St. Croix River Watershed
36.17 Management organization to complete
36.18 construction of the sewer system
36.19 extending from Minnesota department of
36.20 natural resources pond 82-310P (the
36.21 prison pond) in Bayport through the
36.22 Stillwater prison grounds to the St.
36.23 Croix river.
36.24 Sec. 25. TRADE AND ECONOMIC DEVELOPMENT
36.25 Subdivision 1. To the commissioner of
36.26 trade and economic development or other
36.27 named agency for the purposes
36.28 specified in this section 84,650,000
36.29 Subd. 2. Redevelopment Account 4,000,000
36.30 For transfer to the redevelopment
36.31 account created in new Minnesota
36.32 Statutes, section 116J.571. This
36.33 appropriation is only available for
36.34 grants to projects located outside of
36.35 the seven-county metropolitan area.
36.36 $1,000,000 is for a grant to the city
36.37 of Little Falls for environmental
36.38 cleanup of the Hennepin Paper Company
36.39 property in the city of Little Falls.
36.40 No match is required for this grant.
36.41 Subd. 3. State Match for Federal Grants 16,000,000
36.42 To the public facilities authority to
36.43 match federal grants for eligible
36.44 projects in the water pollution control
36.45 revolving fund under Minnesota
36.46 Statutes, section 446A.07, and the
36.47 drinking water revolving loan fund
36.48 under Minnesota Statutes, section
36.49 446A.081.
36.50 Subd. 4. Wastewater Infrastructure
36.51 Funding Program 30,600,000
36.52 $600,000 of this appropriation is from
36.53 the general fund to administer the
36.54 wastewater infrastructure program.
36.55 To the public facilities authority for
36.56 grants to eligible municipalities under
36.57 the wastewater infrastructure program
37.1 established in Minnesota Statutes,
37.2 section 446A.072.
37.3 To the greatest practical extent, the
37.4 authority should use the grants for
37.5 projects on the 2002 project priority
37.6 list in priority order to qualified
37.7 applicants that submit plans and
37.8 specifications to the pollution control
37.9 agency or receive a funding commitment
37.10 from USDA rural development before
37.11 December 1, 2003.
37.12 The pollution control agency shall
37.13 prepare amendments to Minnesota Rules,
37.14 part 7077.0115, for ranking wastewater
37.15 projects on the project priority list
37.16 that take into account issues such as,
37.17 but not limited to, the age and
37.18 condition of existing wastewater
37.19 treatment systems, issues associated
37.20 with growth, and the effects on
37.21 municipalities when a moratorium on new
37.22 sewer connections is imposed. The
37.23 agency shall report on its recommended
37.24 rule amendments to the chairs of the
37.25 house environment and natural resources
37.26 finance committee, the house jobs and
37.27 economic development finance committee,
37.28 the house capital investment committee,
37.29 the senate environment and agricultural
37.30 finance division, the senate jobs,
37.31 housing and community development
37.32 committee, and the senate capital
37.33 investment committee by February 1,
37.34 2003.
37.35 $1,500,000 is for grants to the
37.36 Larsmont portion of the Knife
37.37 River-Larsmont sanitary district. This
37.38 appropriation must be used to reduce
37.39 the amount of the municipality's loan
37.40 from the water pollution revolving fund
37.41 that exceeds five percent of the market
37.42 value of the properties in the project
37.43 service area. This appropriation is in
37.44 addition to grants from other
37.45 appropriations.
37.46 Subd. 5. Fairmont -
37.47 Winnebago Avenue Sports Complex 500,000
37.48 For a grant to the city of Fairmont to
37.49 acquire land for, renovate, and expand
37.50 the Winnebago Avenue sports complex,
37.51 including reconfiguring two ball
37.52 fields, adding two fields, paving a
37.53 parking lot, and building other
37.54 amenities.
37.55 This appropriation is not available
37.56 until the commissioner has determined
37.57 that at least an equal amount has been
37.58 committed from nonstate sources.
37.59 Subd. 6. Greater Minnesota Business
37.60 Development Infrastructure Grant Program 12,000,000
37.61 For grants under new Minnesota
37.62 Statutes, section 116J.431.
38.1 Subd. 7. Itasca County - Children's
38.2 Discovery Museum 300,000
38.3 For a grant to Itasca county to design,
38.4 construct, furnish, and equip the
38.5 Children's Discovery Museum in Grand
38.6 Rapids. The county may enter into a
38.7 lease or management agreement for the
38.8 center, subject to Minnesota Statutes,
38.9 section 16A.695. This appropriation is
38.10 not available until the commissioner
38.11 has determined that at least an equal
38.12 amount has been committed from nonstate
38.13 sources.
38.14 Subd. 8. Minneapolis -
38.15 Empowerment Zone Projects 3,000,000
38.16 For a grant to the city of Minneapolis
38.17 to acquire land and to design,
38.18 construct, furnish, and equip public
38.19 infrastructure improvements in the
38.20 following empowerment zone projects:
38.21 the Near Northside redevelopment
38.22 project; the Chicago/Lake project; and
38.23 the South East Minneapolis industrial
38.24 redevelopment project.
38.25 This appropriation is not available
38.26 until the commissioner has determined
38.27 that at least an equal amount has been
38.28 committed from nonstate sources.
38.29 Subd. 9. Olivia -
38.30 Minnesota Center for Agricultural Innovation 1,000,000
38.31 For a grant to the city of Olivia to
38.32 acquire land and to design, construct,
38.33 furnish, and equip the Minnesota Center
38.34 for Agricultural Innovation, subject to
38.35 Minnesota Statutes, section 16A.695.
38.36 This appropriation is not available
38.37 until the commissioner has determined
38.38 that at least an equal amount has been
38.39 committed from nonstate sources.
38.40 Subd. 10. St. Cloud -
38.41 Civic Center Expansion 3,250,000
38.42 For a grant to the city of St. Cloud
38.43 for asset preservation, land
38.44 acquisition, and to predesign, design,
38.45 construct, furnish, and equip the
38.46 expansion of the St. Cloud Civic Center.
38.47 This appropriation is not available
38.48 until the commissioner has determined
38.49 that at least an equal amount has been
38.50 committed from nonstate sources.
38.51 Subd. 11. St. Paul -
38.52 Roy Wilkins Auditorium 4,000,000
38.53 For a grant to the city of St. Paul for
38.54 asset preservation of the Roy Wilkins
38.55 Center.
38.56 This appropriation is not available
38.57 until the commissioner has determined
38.58 that at least an equal amount has been
39.1 committed from nonstate sources.
39.2 Subd. 12. St. Paul-Phalen Boulevard 8,000,000
39.3 For a grant to the city of St. Paul to
39.4 acquire land and to complete
39.5 contamination remediation on Phalen
39.6 Boulevard between I-35E and Johnson
39.7 Parkway. This appropriation is not
39.8 available until the commissioner has
39.9 determined that at least an equal
39.10 amount has been committed from nonstate
39.11 sources.
39.12 Subd. 13. St. Paul -
39.13 2004 Renaissance Project 2,000,000
39.14 For a grant to the city of St. Paul to
39.15 design and construct river edge
39.16 improvements and make capital
39.17 improvements and betterments for a
39.18 public park on Raspberry Island.
39.19 This appropriation is not available
39.20 until the commissioner has determined
39.21 that at least an equal amount has been
39.22 committed from nonstate sources.
39.23 Sec. 26. IRON RANGE RESOURCES AND
39.24 REHABILITATION BOARD 1,500,000
39.25 To design, construct, furnish, and
39.26 equip Mesabi station as the central
39.27 guest services facility for the Mesabi
39.28 trail.
39.29 Sec. 27. HOUSING FINANCE AGENCY 16,200,000
39.30 To the commissioner of the housing
39.31 finance agency for loans and grants for
39.32 publicly owned transitional and
39.33 permanent housing under Minnesota
39.34 Statutes, section 462A.202,
39.35 subdivisions 2 and 3a. Notwithstanding
39.36 Minnesota Statutes, section 462A.202,
39.37 subdivision 3a, the loans or grants
39.38 must be used for the development,
39.39 construction, acquisition, or
39.40 rehabilitation of transitional or
39.41 permanent housing to serve veterans and
39.42 single adults who are homeless or at
39.43 risk of becoming homeless. The loans
39.44 or grants must be used for two housing
39.45 projects that:
39.46 (1) are located on property owned by
39.47 the United States Department of
39.48 Veterans Affairs that is leased by the
39.49 Department of Veterans Affairs to the
39.50 owners of the housing projects;
39.51 (2) provide or coordinate health and
39.52 social services needed by the
39.53 residents; and
39.54 (3) are a collaborative partnership
39.55 between community agencies, local units
39.56 of government, and the federal
39.57 government.
39.58 Sec. 28. MINNESOTA HISTORICAL SOCIETY
40.1 Subdivision 1. To the Minnesota
40.2 Historical Society for the purposes
40.3 specified in this section 3,967,000
40.4 Subd. 2. Historic Site Asset
40.5 Preservation 2,442,000
40.6 (a) For capital improvements and
40.7 betterments at state historic sites,
40.8 buildings, landscaping at historic
40.9 buildings, exhibits, markers, and
40.10 monuments. The society shall determine
40.11 project priorities as appropriate based
40.12 on need.
40.13 (b) Of this amount, $1,000,000 is for
40.14 asset preservation of the William G.
40.15 LeDuc house. This appropriation is
40.16 available only if the historical
40.17 society enters into an agreement with
40.18 the city of Hastings, or another public
40.19 entity, providing for transfer of
40.20 ownership of the property to the city
40.21 or the other public entity when the
40.22 asset preservation work is completed,
40.23 and providing that the city or other
40.24 public entity will provide for
40.25 additional renovation and operation of
40.26 the site. If an agreement for the
40.27 transfer of ownership of the LeDuc
40.28 house site is not entered into by March
40.29 31, 2003, this amount is available for
40.30 asset preservation under paragraph
40.31 (a). This appropriation is available
40.32 until spent, notwithstanding section
40.33 1. The city or other public entity may
40.34 enter into an agreement with a
40.35 nonprofit organization for the
40.36 operation of the site subject to
40.37 Minnesota Statutes, section 16A.695.
40.38 Subd. 3. County and Local
40.39 Preservation Grants 300,000
40.40 To be allocated to county and local
40.41 jurisdictions as matching money for
40.42 historic preservation projects of a
40.43 capital nature. Grant recipients must
40.44 be public entities and must match state
40.45 funds on at least an equal basis. The
40.46 facilities must be publicly owned.
40.47 Subd. 4. Sibley House Historic Site 300,000
40.48 To renovate buildings at the site and
40.49 design future renovations.
40.50 Subd. 5. Fort Snelling Historic Site 500,000
40.51 $400,000 is to design a variety of
40.52 construction projects needed for a
40.53 major redevelopment and renewal of
40.54 historic Fort Snelling.
40.55 $100,000 is to expand restrooms in the
40.56 current visitor center.
40.57 Subd. 6. Fort Belmont 200,000
40.58 For a grant to Jackson county to
40.59 design, construct, furnish, and equip a
41.1 new site for historic Fort Belmont,
41.2 subject to Minnesota Statutes, section
41.3 16A.695.
41.4 Subd. 7. New Brighton
41.5 Caboose and History Center 100,000
41.6 This appropriation is from the general
41.7 fund.
41.8 For a grant to the New Brighton area
41.9 historical society to renovate its
41.10 caboose and history center in Long Lake
41.11 Regional Park.
41.12 This appropriation is not available
41.13 until the commissioner of finance has
41.14 determined that at least an equal
41.15 amount has been committed from nonstate
41.16 sources.
41.17 Subd. 8. Pipestone County Museum 125,000
41.18 For a grant to the city of Pipestone to
41.19 design and construct an external shaft
41.20 and hoist way and install an elevator
41.21 adjacent to the Pipestone County Museum
41.22 and renovate a third-floor area to be
41.23 used as a community room and a museum
41.24 programs room, subject to Minnesota
41.25 Statutes, section 16A.695.
41.26 This appropriation is not available
41.27 until the commissioner of finance has
41.28 determined that at least an equal
41.29 amount has been committed from nonstate
41.30 sources.
41.31 Sec. 29. BOND SALE EXPENSES 880,000
41.32 To the commissioner of finance for bond
41.33 sale expenses under Minnesota Statutes,
41.34 section 16A.641, subdivision 8. This
41.35 appropriation is from the bond proceeds
41.36 fund.
41.37 Sec. 30. [BOND SALE AUTHORIZATION.]
41.38 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
41.39 appropriated in this act from the bond proceeds fund, the
41.40 commissioner of finance shall sell and issue bonds of the state
41.41 in an amount up to $920,235,000 in the manner, upon the terms,
41.42 and with the effect prescribed by Minnesota Statutes, sections
41.43 16A.631 to 16A.675, and by the Minnesota Constitution, article
41.44 XI, sections 4 to 7.
41.45 Subd. 2. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the
41.46 money appropriated in this act from the maximum effort school
41.47 loan fund, the commissioner of finance shall sell and issue
41.48 bonds of the state in an amount up to $12,400,000 in the manner,
41.49 upon the terms, and with the effect prescribed by Minnesota
42.1 Statutes, sections 16A.631 to 16A.675, and by the Minnesota
42.2 Constitution, article XI, sections 4 to 7. The proceeds of the
42.3 bonds, except accrued interest and any premium received on the
42.4 sale of the bonds, must be credited to a bond proceeds account
42.5 in the maximum effort school loan fund.
42.6 Subd. 3. [TRANSPORTATION FUND.] To provide the money
42.7 appropriated in this act from the state transportation fund, the
42.8 commissioner of finance shall sell and issue bonds of the state
42.9 in an amount up to $45,000,000 in the manner, upon the terms,
42.10 and with the effect prescribed by Minnesota Statutes, sections
42.11 16A.631 to 16A.675, and by the Minnesota Constitution, article
42.12 XI, sections 4 to 7. The proceeds of the bonds, except accrued
42.13 interest and any premium received on the sale of the bonds, must
42.14 be credited to a bond proceeds account in the state
42.15 transportation fund.
42.16 Sec. 31. [CANCELLATIONS.]
42.17 Subdivision 1. $500,000 of the appropriation in Laws 1996,
42.18 chapter 463, section 4, subdivision 2, for youth initiative
42.19 grants, is canceled. The bond sale authorization in Laws 1996,
42.20 chapter 463, section 27, subdivision 1, is reduced by $500,000.
42.21 Subd. 2. $1,449,000 of the appropriation in Laws 1996,
42.22 chapter 463, section 21, for early childhood learning facilities
42.23 is canceled. The bond sale authorization in Laws 1996, chapter
42.24 463, section 27, subdivision 1, is reduced by $1,449,000.
42.25 Subd. 3. The unobligated balance of the appropriation in
42.26 Laws 1998, chapter 404, section 7, subdivision 28, for the Sand
42.27 Dunes state forest center, estimated to be $113,000, is canceled
42.28 to the general fund.
42.29 Subd. 4. $100,000 of the appropriation in Laws 1998,
42.30 chapter 404, section 7, subdivision 30, for the Hartley nature
42.31 center is canceled to the general fund.
42.32 Subd. 5. The $375,000 appropriation in Laws 1998, chapter
42.33 404, section 18, subdivision 4, for the People, Inc. North Side
42.34 community support program, is canceled to the general fund.
42.35 Subd. 6. $500,000 of the appropriation in Laws 1998,
42.36 chapter 404, section 23, subdivision 27, for a production
43.1 facility associated with an educational and training facility,
43.2 is canceled to the general fund.
43.3 Subd. 7. The $400,000 appropriation in Laws 1998, chapter
43.4 404, section 25, subdivision 9, for a treaty site history
43.5 center, is canceled to the general fund.
43.6 Subd. 8. $1,000,000 of the appropriation in Laws 2000,
43.7 chapter 492, article 1, section 14, subdivision 3, to the
43.8 commissioner of administration for a grant to the Minneapolis
43.9 community development agency, for the Guthrie Theater, vetoed on
43.10 May 15, 2000, and approved by the legislature overriding the
43.11 veto on May 17, 2000, is canceled to the general fund.
43.12 Sec. 32. Minnesota Statutes 2000, section 16A.11,
43.13 subdivision 6, is amended to read:
43.14 Subd. 6. [BUILDING MAINTENANCE AND CAPITAL BETTERMENT.]
43.15 The detailed operating budget and capital budget must include
43.16 amounts necessary to maintain and better state buildings. The
43.17 commissioner of finance, in consultation with the commissioner
43.18 of administration, the board of trustees of the Minnesota state
43.19 colleges and universities, and the regents of the University of
43.20 Minnesota, shall establish budget guidelines for building
43.21 maintenance and betterment appropriations. Unless otherwise
43.22 provided by the commissioner of finance, the combined amount to
43.23 be budgeted each year for building maintenance and betterment in
43.24 the operating budget and capital budget is two one percent of
43.25 the replacement cost of the building, adjusted up or down
43.26 depending on the age and condition of the building.
43.27 Sec. 33. Minnesota Statutes 2000, section 16A.501, is
43.28 amended to read:
43.29 16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.]
43.30 The commissioner of finance must report annually to the
43.31 legislature on the degree to which entities receiving
43.32 appropriations of bond proceeds for capital projects in previous
43.33 omnibus capital improvement acts have encumbered or expended
43.34 that money. The report must be submitted to the chairs of the
43.35 house of representatives ways and means committee and the senate
43.36 finance committee by February 1 of each year.
44.1 Sec. 34. Minnesota Statutes 2000, section 16A.632,
44.2 subdivision 2, is amended to read:
44.3 Subd. 2. [STANDARDS.] Article XI, section 5, clause (a),
44.4 of the constitution states general obligation bonds may be
44.5 issued to finance only the acquisition or betterment of state
44.6 land, buildings, and improvements of a capital nature. In
44.7 interpreting this and applying it to the purposes of the program
44.8 contemplated in this section, the following standards are
44.9 adopted for the disbursement of money from the capital asset
44.10 preservation and replacement account:
44.11 (a) No new land, buildings, or major new improvements will
44.12 be acquired. These projects, including all capital expenditures
44.13 required to permit their effective use for the intended purpose
44.14 on completion, will be estimated and provided for individually
44.15 through a direct appropriation for each project.
44.16 (b) An expenditure will be made from the account only when
44.17 it is a capital expenditure on a capital asset previously owned
44.18 by the state, within the meaning of accepted accounting
44.19 principles as applied to public expenditures. The commissioner
44.20 of administration will consult with the commissioner of finance
44.21 to the extent necessary to ensure this and will furnish the
44.22 commissioner of finance a list of projects to be financed from
44.23 the account in order of their priority. The commissioner shall
44.24 also furnish each revision of the list. The legislature assumes
44.25 that many provisions for preservation and replacement of
44.26 portions of existing capital assets will constitute betterments
44.27 and capital improvements within the meaning of the constitution
44.28 and capital expenditures under correct accounting principles,
44.29 and will be financed more efficiently and economically under the
44.30 program than by direct appropriations for specific projects.
44.31 However, the purpose of the program is to accumulate data
44.32 showing how additional costs may be saved by appropriating money
44.33 from the general fund for preservation measures, the necessity
44.34 of which is predictable over short periods.
44.35 (c) The commissioner of administration will furnish
44.36 instructions to agencies to apply for funding of capital
45.1 expenditures for preservation and replacement from the account,
45.2 will review applications, will make initial allocations among
45.3 types of eligible projects enumerated below, will determine
45.4 priorities, and will allocate money in priority order until the
45.5 available appropriation has been committed.
45.6 (d) Categories of projects considered likely to be most
45.7 needed and appropriate for financing are the following:
45.8 (1) unanticipated emergencies of all kinds, for which a
45.9 relatively small amount should be initially reserved, replaced
45.10 from money allocated to low-priority projects, if possible, as
45.11 emergencies occur, and used for stabilization rather than
45.12 replacement if the cost would exhaust the account and should be
45.13 specially appropriated;
45.14 (2) projects to remove life safety hazards, like
45.15 replacement of mechanical systems, building code violations, or
45.16 structural defects, at costs not large enough to require major
45.17 capital requests to the legislature;
45.18 (3) elimination or containment of hazardous substances like
45.19 asbestos or PCBs; and
45.20 (4) moderate cost replacement and repair of roofs, windows,
45.21 tuckpointing, and structural members necessary to preserve the
45.22 exterior and interior of existing buildings; and
45.23 (5) up to ten percent of an appropriation awarded under
45.24 this section may be used for design costs for projects eligible
45.25 to be funded from this account in anticipation of future funding
45.26 from the account.
45.27 Sec. 35. Minnesota Statutes 2000, section 16A.86,
45.28 subdivision 3, is amended to read:
45.29 Subd. 3. [EVALUATION.] (a) The commissioner shall evaluate
45.30 all requests from political subdivisions for state assistance
45.31 based on the following criteria:
45.32 (1) the political subdivision has provided for local,
45.33 private, and user financing for the project to the maximum
45.34 extent possible;
45.35 (2) the project helps fulfill an important state mission;
45.36 (3) the project is of regional or statewide significance;
46.1 (4) the project will not require new or any additional
46.2 state operating subsidies;
46.3 (5) the project will not expand the state's role in a new
46.4 policy area;
46.5 (6) state funding for the project will not create
46.6 significant inequities among local jurisdictions;
46.7 (7) the project will not compete with other facilities in
46.8 such a manner that they lose a significant number of users to
46.9 the new project; and
46.10 (8) the governing bodies of those political subdivisions
46.11 primarily benefiting from the project have passed resolutions in
46.12 support of the project and have established priorities for all
46.13 projects within their jurisdictions for which bonding
46.14 appropriations are requested when submitting multiple requests;
46.15 and
46.16 (9) if a predesign that meets the requirements of section
46.17 16B.335 has been completed and is available at the time the
46.18 project request is submitted to the commissioner of finance, the
46.19 applicant has submitted the project predesign to the
46.20 commissioner of administration.
46.21 (b) The commissioner's evaluation of each request,
46.22 including whether it meets each of the criteria in paragraph
46.23 (a), must be submitted to the legislature along with the
46.24 governor's recommendations under section 16A.11, subdivision 1,
46.25 whether or not the governor recommends that the request be
46.26 funded.
46.27 Sec. 36. [16B.245] [INVENTORY OF STATE-OWNED LAND.]
46.28 Subdivision 1. [DEFINITIONS.] For the purposes of this
46.29 section, "state-owned land" means land, with or without
46.30 improvements upon it, for which the state owns fee title. It
46.31 does not include:
46.32 (1) land held in trust by the state for political
46.33 subdivisions of the state;
46.34 (2) permanent school trust fund lands;
46.35 (3) university trust fund lands;
46.36 (4) mineral interests; or
47.1 (5) trunk highway right-of-way.
47.2 Subd. 2. [INVENTORY.] The commissioner of administration
47.3 must inventory all state-owned land and determine the number of
47.4 acres owned by the state as of December 31, 2002. The inventory
47.5 must identify for each parcel the state agency responsible for
47.6 the parcel, its location, size, and whether it is (1) currently
47.7 being used for a public purpose, (2) anticipated to be used for
47.8 a public purpose in the future, or (3) not currently being used
47.9 or anticipated to be used for a public purpose. The inventory
47.10 must also identify how much land is included in each
47.11 classification under section 86A.05. Within two months of
47.12 completing the inventory, and by January 15 each odd-numbered
47.13 year thereafter, the commissioner must report on the inventory
47.14 to the chairs of the house and senate committees with
47.15 jurisdiction over higher education, capital investment, and
47.16 natural resources and environment finance, and the chairs of the
47.17 house committee on ways and means and the senate committee on
47.18 finance.
47.19 Sec. 37. Minnesota Statutes 2000, section 16B.31,
47.20 subdivision 1, is amended to read:
47.21 Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.] (a)
47.22 The commissioner shall (1) have plans and specifications
47.23 prepared for the construction, alteration, or enlargement of all
47.24 state buildings, structures, and other improvements except
47.25 highways and bridges, and except for buildings and structures
47.26 under the control of the board of regents of the university of
47.27 Minnesota or of the board of trustees of the Minnesota state
47.28 colleges and universities; (2) approve those plans and
47.29 specifications; (3) advertise for bids and award all contracts
47.30 in connection with the improvements; (4) supervise and inspect
47.31 all work relating to the improvements; (5) approve all lawful
47.32 changes in plans and specifications after the contract for an
47.33 improvement is let; and (6) approve estimates for payment. This
47.34 subdivision does not apply to the construction of the zoological
47.35 gardens.
47.36 (b) Notwithstanding any law to the contrary, the
48.1 commissioner, the board of regents of the university of
48.2 Minnesota, and the board of trustees of the Minnesota state
48.3 colleges and universities may solicit and award a design-build
48.4 contract for those projects specifically designated by law for
48.5 design-build using the procedures provided in section 16C.30.
48.6 (c) Paragraph (b) expires January 1, 2004.
48.7 (d) The commissioner, the board, the board of regents of
48.8 the university of Minnesota, and the board of trustees of the
48.9 Minnesota state colleges and universities shall create a panel
48.10 of representatives, including representatives of the
48.11 construction industry and the architecture and engineering
48.12 professions, to evaluate the use of design-build and the
48.13 procedures for design-builder selection under section 16C.30,
48.14 and shall report to the legislature on or before January 1,
48.15 2004, as to the success of design-build as a method of
48.16 construction and the need and desirability for any changes in
48.17 the selection procedure.
48.18 Sec. 38. Minnesota Statutes 2000, section 16B.33, is
48.19 amended by adding a subdivision to read:
48.20 Subd. 5. [DESIGN-BUILD.] (a) The board shall select
48.21 design-builders under section 16C.30 for all design-build
48.22 projects with an estimated cost greater than $750,000. If a
48.23 project is undertaken with an estimated cost of less than
48.24 $750,000, the commissioner or board, in the commissioner's sole
48.25 discretion, may select the design-builder following the
48.26 requirements in section 16C.30. If the commissioner elects to
48.27 make the selection, the commissioner shall perform the duties
48.28 prescribed for the board in section 16C.30. This paragraph does
48.29 not apply to projects under the control of the board of regents
48.30 of the university of Minnesota or the board of trustees of the
48.31 Minnesota state colleges and universities.
48.32 (b) Upon written request by the board of regents of the
48.33 university of Minnesota or the board of trustees of the
48.34 Minnesota state colleges and universities, the board shall
48.35 evaluate and recommend at least three design-builders following
48.36 the requirements in section 16C.30 for any design-build project
49.1 under the control of the board of regents or the board of
49.2 trustees.
49.3 (c) The commissioner, the board of regents of the
49.4 university of Minnesota, or the board of trustees of the
49.5 Minnesota state colleges and universities shall forward to the
49.6 board a written report describing each instance in which the
49.7 performance of a design-builder has been less than satisfactory
49.8 for projects under their supervision.
49.9 (d) This subdivision expires January 1, 2004.
49.10 Sec. 39. Minnesota Statutes 2000, section 16B.335,
49.11 subdivision 3, is amended to read:
49.12 Subd. 3. [PREDESIGN REQUIREMENT.] The definitions in
49.13 paragraphs (a) and (b) apply to this section.
49.14 (a) "Predesign" means the stage in the development of a
49.15 project during which the purpose, scope, cost, and schedule of
49.16 the complete project are defined and instructions to design
49.17 professionals are produced.
49.18 (b) "Design" means the stage in the development of a
49.19 project during which schematic, design development, and contract
49.20 documents are produced.
49.21 (c) A recipient to whom an appropriation is made for a
49.22 project subject to review under subdivision 1 or notice under
49.23 subdivision 2 shall prepare a predesign package and submit it to
49.24 the commissioner for review and recommendation before proceeding
49.25 with design activities. The commissioner must complete the
49.26 review and recommendation within ten working days after
49.27 receiving it. Failure to review and recommend within the ten
49.28 days is considered a positive recommendation. The predesign
49.29 package must be sufficient to define the purpose, scope, cost,
49.30 and schedule of the project and must demonstrate that the
49.31 project has been analyzed according to appropriate space needs
49.32 standards. All predesign, design, and construction projects
49.33 shall include consideration of the state of Minnesota's
49.34 correctional industries program, MINNCOR Industries, consistent
49.35 with section 16B.181, subdivision 2, paragraph (c), in predesign
49.36 planning and product specifications.
50.1 (d) This subdivision does not apply to capital projects for
50.2 park buildings owned by a local government unit in the
50.3 metropolitan area defined in section 473.121, subdivision 2.
50.4 Sec. 40. [16C.29] [DEFINITIONS.]
50.5 Subdivision 1. [SCOPE.] For purposes of section 16C.30,
50.6 the terms in this section have the meanings given them, unless
50.7 the context clearly indicates otherwise.
50.8 Subd. 2. [BOARD.] "Board" means the designer selection
50.9 board, as described in section 16B.33.
50.10 Subd. 3. [CLARIFICATIONS.] "Clarifications" means a
50.11 written or oral exchange of information that takes place after
50.12 the receipt of proposals to ensure conformance with the request
50.13 for proposals and to address minor, clerical revisions in a
50.14 proposal.
50.15 Subd. 4. [COMMISSIONER.] "Commissioner" means the
50.16 commissioner of administration.
50.17 Subd. 5. [DESIGNER.] "Designer" means an architect,
50.18 landscape architect, or engineer licensed or certified under
50.19 sections 326.02 to 326.15 or a partnership, association, or
50.20 corporation composed primarily of registered architects,
50.21 landscape architects, or engineers or of all three.
50.22 Subd. 6. [OWNER'S REPRESENTATIVE.] "Owner's
50.23 representative" means a qualified professional who may oversee
50.24 scheduling, cost control, constructability, project management,
50.25 quality control, life-cycle costing, and building technology.
50.26 Subd. 7. [PERSON.] "Person" means an individual,
50.27 partnership, corporation, association, or any other legal entity.
50.28 Subd. 8. [PHASE-ONE SUBMITTAL.] "Phase-one submittal"
50.29 means statements of qualifications from design-builders under
50.30 section 16C.30, subdivision 5.
50.31 Subd. 9. [PHASE-TWO PROPOSAL.] "Phase-two proposal" means
50.32 an offer by a design-builder to enter into a design-build
50.33 contract for a project under section 16C.30, subdivision 6, in
50.34 response to a request for proposals.
50.35 Subd. 10. [PROJECT.] "Project" means an undertaking to
50.36 design and construct, erect, or remodel a building by or for the
51.1 state or an agency under the supervision and control of the
51.2 commissioner under section 16B.30 or the board of regents of the
51.3 university of Minnesota or the board of trustees of the
51.4 Minnesota state colleges and universities.
51.5 Subd. 11. [EXPIRATION.] This section expires January 1,
51.6 2004.
51.7 Sec. 41. [16C.30] [DESIGN-BUILD CONTRACTS.]
51.8 Subdivision 1. [GENERAL AUTHORITY.] (a) Notwithstanding
51.9 section 16C.03, subdivision 3, the commissioner may solicit and
51.10 award a design-build contract between the commissioner and a
51.11 design-builder utilizing the competitive acquisition process
51.12 described in subdivisions 5 through 9 if the commissioner meets
51.13 the conditions in paragraph (b). A design-build contract may
51.14 provide the architectural, engineering, and related design
51.15 services as well as the labor, materials, supplies, equipment,
51.16 and construction services for a project. A design-build
51.17 contract may include telecommunications cabling but must not
51.18 include acquisition of personal property related to the
51.19 operations of the occupants. The commissioner may make changes
51.20 to the project without invalidating the design-build contract.
51.21 (b) The commissioner shall, for each project for which the
51.22 commissioner intends to use the design-build method, make a
51.23 written determination that it is in the best interest of the
51.24 state to use the design-build method to complete the project.
51.25 In making this determination, the commissioner shall use the
51.26 following criteria as the minimum basis for the determination:
51.27 (1) the extent to which the project requirements can be
51.28 adequately defined in a request for proposal before completing
51.29 the design process;
51.30 (2) the suitability of the delivery method with respect to
51.31 scope, schedule, cost, and quality factors;
51.32 (3) the suitability of the delivery method to minimize
51.33 life-cycle costs to the extent available within the project
51.34 budget;
51.35 (4) the suitability of the delivery method to efficiently
51.36 achieve functionality requirements;
52.1 (5) the impact of the project schedule on the agency's
52.2 delivery of services and project cost;
52.3 (6) the resources of the department of administration to
52.4 manage the project through employment of experienced personnel
52.5 or hiring of consultants;
52.6 (7) the resources of the department of administration to
52.7 oversee the project with persons who are familiar and
52.8 experienced with the design-build method of project delivery or
52.9 similar experience; and
52.10 (8) other criteria that the commissioner deems relevant and
52.11 that are included in the written determination.
52.12 (c) The authority and duties prescribed for the board, the
52.13 commissioner, and department of administration under this
52.14 section are granted to and must be performed by the board of
52.15 regents of the university of Minnesota and the board of trustees
52.16 of the Minnesota state colleges and universities on projects
52.17 under their control.
52.18 Subd. 2. [LICENSING REQUIREMENTS.] (a) Each design-builder
52.19 shall be, employ, or have as a partner, member, coventurer, or
52.20 subcontractor, persons duly licensed, certified, or registered
52.21 to provide the services required to complete the project and do
52.22 business in this state.
52.23 (b) A design-builder may contract with the commissioner to
52.24 provide professional or construction services that the
52.25 design-builder is not itself licensed, certified, registered, or
52.26 qualified to perform, so long as the design-builder provides the
52.27 services through subcontracts with duly licensed, certified, or
52.28 registered, or otherwise qualified persons in accordance with
52.29 this section.
52.30 (c) Nothing in this section authorizing design-build
52.31 contracts is intended to limit or eliminate the responsibility
52.32 or liability owed by a professional on a design-build project to
52.33 the state or other third parties under existing law. The design
52.34 service portion of a design-build contract is considered a
52.35 service and not a product.
52.36 Subd. 3. [UNIVERSITY OF MINNESOTA AND MINNESOTA STATE
53.1 COLLEGES AND UNIVERSITIES SELECTION PROCESS.] (a) The board of
53.2 regents of the university of Minnesota and the board of trustees
53.3 of the Minnesota state colleges and universities shall select
53.4 design-builders for all design-build projects under their
53.5 supervision and control and funded by the state following the
53.6 procedures and performing the duties prescribed for the board
53.7 and commissioner in subdivisions 5 through 9. The board of
53.8 regents and the board of trustees shall either use the board or
53.9 establish an evaluation team of at least seven persons to
53.10 evaluate and recommend design-builders under this section to
53.11 include three persons selected as provided in paragraph (b).
53.12 The final selection must be made by the board of regents or the
53.13 board of trustees.
53.14 (b) Upon written request from the board of regents or the
53.15 board of trustees, each of the following three organizations
53.16 shall nominate one individual whose name and qualifications must
53.17 be submitted to the board of trustees for consideration: the
53.18 Consulting Engineers Council of Minnesota after consultation
53.19 with other professional engineering societies in the state; the
53.20 AIA Minnesota; and the Minnesota chapter of the Associated
53.21 General Contractors after consultation with other commercial
53.22 contractor associations in the state. The board of regents or
53.23 the board of trustees may appoint the three named individuals to
53.24 the evaluation team or reject a nominated individual and request
53.25 another nomination. The board of regents or the board of
53.26 trustees shall determine the term of the appointment. The other
53.27 members of the evaluation team must be representatives of the
53.28 university of Minnesota or the Minnesota state colleges and
53.29 universities. The interviews are public meetings and a video or
53.30 audio recording of the meetings must be made and is public
53.31 information. The final recommendations and rankings must be in
53.32 writing.
53.33 Subd. 4. [DEVELOPMENT OF DESIGN CRITERIA.] (a) Each
53.34 request for proposals for a design-build contract must contain
53.35 design criteria prepared by a design criteria professional who
53.36 holds licenses or certifications under sections 326.02 to 326.15
54.1 and is either an employee of the state, the university of
54.2 Minnesota, or a consultant hired by the commissioner. If the
54.3 design criteria professional is a consultant hired by the state,
54.4 the licensure requirement may be met by employing individuals
54.5 who hold a license or licenses under sections 326.02 to 326.15.
54.6 The commissioner may elect to designate the board to select the
54.7 consultant in compliance with section 16B.33.
54.8 (b) Design criteria set forth in the request for proposals
54.9 must specify all information needed to adequately describe the
54.10 project, including performance-based criteria such as
54.11 sustainability and life-cycle costing requirements; interior
54.12 space requirements, including adjacency diagrams; material
54.13 quality standards; architectural image and building form
54.14 standards; building air quality requirements; commissioning
54.15 requirements; building burn-in requirements; cost estimates;
54.16 design and construction schedules; site development
54.17 requirements; utility requirements; storm water retention and
54.18 disposal requirements; and parking requirements. If necessary
54.19 to adequately describe the project, the design criteria must
54.20 include a boundary and topographic survey of the site, with the
54.21 legal description and geotechnical and environmental information
54.22 concerning the site.
54.23 (c) There must be an owner's representative for each
54.24 design-build project. The owner's representative must be either
54.25 an employee of the state, university of Minnesota, or a
54.26 consultant hired by the commissioner. Subject to the minimum
54.27 requirements of paragraphs (a) and (b), the commissioner, in
54.28 consultation with the agency, the owner's representative, and
54.29 the design criteria professional, shall determine the scope and
54.30 level of detail required for the design criteria to be included
54.31 in the request for proposals.
54.32 Subd. 5. [SOLICITATION OF PROPOSALS.] (a) The commissioner
54.33 shall prepare a request for proposals, which must contain, at a
54.34 minimum, the following elements:
54.35 (1) the identity of the agency that will utilize the
54.36 completed project;
55.1 (2) the procedures for submitting proposals, the criteria
55.2 for evaluation of proposals and their relative weight for each
55.3 phase, how those criteria will be scored, and the procedures for
55.4 making awards;
55.5 (3) the terms and conditions for the design-build contract;
55.6 (4) the design criteria;
55.7 (5) the qualifications the design builder will be required
55.8 to have;
55.9 (6) a request for a critical path method schedule for
55.10 commencement and completion of the project;
55.11 (7) budget limits for the project;
55.12 (8) affirmative action, disadvantaged businesses, small
55.13 business, or set-aside goals or requirements for the
55.14 design-build contract;
55.15 (9) requirements for insurance, performance and payment
55.16 bonds, bid bonds, and cash deposits;
55.17 (10) a description of the drawings, specifications, or
55.18 other submittals to be submitted with the phase-two proposal,
55.19 with guidance as to the form and level of completeness of the
55.20 drawings, specifications, or submittals that will be acceptable;
55.21 (11) the professional and technical services contract to be
55.22 entered into with the design-builders selected to submit
55.23 phase-two proposals, including scope of work, use of ideas or
55.24 information, and compensation; and
55.25 (12) identification of any other material information
55.26 available from the commissioner or board, including, without
55.27 limitation, surveys, soils reports, drawings or models of
55.28 existing structures, environmental studies, photographs, or
55.29 references to public records.
55.30 (b) The solicitation of request for proposals does not
55.31 obligate the commissioner to enter into a design-build
55.32 contract. In accordance with the stated criteria for evaluating
55.33 proposals, the commissioner may accept or reject any or all
55.34 proposals received as a result of the request. The notification
55.35 of rejection of all proposals must include an explanation for
55.36 all proposals being rejected. The solicitation for proposals
56.1 may be canceled at any time in the commissioner's sole
56.2 discretion if it is considered to be in the state's best
56.3 interest. If the commissioner rejects all proposals or cancels
56.4 the solicitation for proposals, the commissioner may resolicit a
56.5 request for proposals using the same or different requirements
56.6 or request the board to select a designer under section 16B.33
56.7 and proceed with the design-bid-build delivery method.
56.8 Subd. 6. [QUALIFICATION; PHASE-ONE SUBMITTAL.] (a) In
56.9 phase one, the board and commissioner shall evaluate the
56.10 design-build qualifications of the design-builders who responded
56.11 to the request for proposals with phase-one submittals based on
56.12 each design-builder's experience, technical competence, and
56.13 capability to perform; the past performance of the
56.14 design-builder and its employees, quality control organization
56.15 and system, sustainability, and life-cycle costing methodology;
56.16 and other appropriate facts submitted by each design-builder in
56.17 response to the request for proposals all in accordance with the
56.18 weighted criteria that are stated for phase-one evaluations in
56.19 the request for proposals. The phase-one or phase-two
56.20 evaluation of the "past performance" or "experience" of a
56.21 proposer must not include the exercise or assertion of a
56.22 person's legal rights. The board or commissioner may require
56.23 clarifications from design-builders.
56.24 (b) If the project is within the capitol area, the capitol
56.25 area architecture and planning board, as defined in section
56.26 15.50, shall participate in the evaluation of phase-one
56.27 submittals.
56.28 (c) The board shall select to a short list the most
56.29 qualified design-builders that have responded with phase-one
56.30 submittals based on the weighted criteria for phase-one
56.31 evaluations stated in the request for proposals. For projects
56.32 involving only renovation, in the discretion of the
56.33 commissioner, the design-builder may be selected only on the
56.34 phase-one submissions, or after a phase-two submission. For all
56.35 other projects, the board shall prepare a list of at least three
56.36 potential design-builders to submit phase-two proposals. The
57.1 board shall not proceed to obtain phase-two proposals or make a
57.2 selection, as applicable, unless it receives phase-one
57.3 submittals from at least three qualified design-builders. If
57.4 the board receives fewer than three phase-one submittals from
57.5 qualified design-builders, the commissioner may cancel the
57.6 solicitation for proposals, revise the request for proposals,
57.7 and solicit new proposals or request the board to select a
57.8 designer under section 16B.33 and proceed with the
57.9 design-bid-build delivery method.
57.10 (d) The commissioner shall enter into the professional and
57.11 technical services contract included in the request for
57.12 proposals with each of the design-builders qualified by the
57.13 board to submit phase-two proposals.
57.14 Subd. 7. [PHASE-TWO PROPOSALS.] (a) The professional and
57.15 technical services contract with the design-builders selected to
57.16 submit phase-two proposals provided in the request for proposals
57.17 must require at least the following:
57.18 (1) preliminary plans and specifications, renderings, and
57.19 models as may be required in the request for proposals in
57.20 sufficient detail, to describe the character, quality, and scope
57.21 of the project;
57.22 (2) a design and construction schedule;
57.23 (3) the all-inclusive fixed price at which the
57.24 design-builder will complete the project if the phase-two
57.25 proposal is accepted, including a total development cost budget
57.26 in detail by building component with all soft costs, allowances,
57.27 and design fees; and
57.28 (4) other materials the board or commissioner determines
57.29 are necessary to fix the design, schedule, and cost of the
57.30 project.
57.31 (b) Phase-two proposals must be sealed and may not be
57.32 opened until expiration of the time established for making
57.33 proposals as set forth in the request for proposals.
57.34 (c) Phase-two proposals must identify each person with whom
57.35 the design-builder proposes to enter into subcontracts for
57.36 primary design and construction obligations under the
58.1 design-build contract. Persons so identified may not be
58.2 replaced without the approval of the commissioner, or the award
58.3 may be revoked.
58.4 (d) The design-builder must submit a written statement that
58.5 the phase-two proposal meets all requirements of the request for
58.6 proposals.
58.7 (e) The commissioner may require each design-builder to
58.8 submit with its phase-one or phase-two proposal, as applicable,
58.9 a cash deposit or bid bond in the amount of five percent of the
58.10 budget for the design-build contract. If the phase-one or
58.11 phase-two proposal, as applicable, is accepted but the
58.12 design-builder fails to execute the design-build contract, the
58.13 deposit or bond is forfeited to the extent allowable under law,
58.14 including the cost to the state of delays, resolicitation, and
58.15 other results of the failure of the selected design-builder to
58.16 enter into the design-build contract.
58.17 Subd. 8. [STIPULATED FEE.] The commissioner may award a
58.18 stipulated fee not less than two-tenths of one percent of the
58.19 department's estimated cost of design and construction to each
58.20 short-listed, responsible proposer who provides a responsive but
58.21 unsuccessful proposal. If the commissioner does not award a
58.22 contract, all short-listed proposers may receive the stipulated
58.23 fee. If the commissioner cancels the contract before reviewing
58.24 the technical proposals, the commissioner may award each
58.25 design-builder on the short list a stipulated fee of not less
58.26 than two-tenths of one percent of the commissioner's estimated
58.27 cost of design and construction. The commissioner shall pay the
58.28 stipulated fee, if any, to each proposer within 90 days after
58.29 the award of the contract or the decision not to award a
58.30 contract. In consideration for paying the stipulated fee, the
58.31 commissioner may use any ideas or information contained in the
58.32 proposals in connection with any contract awarded for the
58.33 project or in connection with a subsequent procurement, without
58.34 any obligation to pay any additional compensation to the
58.35 unsuccessful proposers. Notwithstanding the other provisions of
58.36 this subdivision, an unsuccessful short-list proposer may elect
59.1 to waive the stipulated fee. If an unsuccessful short-list
59.2 proposer elects to waive the stipulated fee, the commissioner
59.3 may not use ideas and information contained in that proposer's
59.4 proposal. Upon the request of the commissioner, a proposer who
59.5 waived a stipulated fee may withdraw the waiver, in which case
59.6 the commissioner shall pay the stipulated fee, if any, to the
59.7 proposer and thereafter may use ideas and information in the
59.8 proposer's proposal.
59.9 Subd. 9. [DESIGN-BUILDER SELECTION.] (a) After obtaining
59.10 and evaluating proposals from each design-builder according to
59.11 the criteria and procedures in the request for proposals, the
59.12 board shall rank the phase-one or phase-two proposals, as
59.13 applicable, and select the proposal that is rated the highest
59.14 based on the weighted evaluation criteria in the request for
59.15 proposal. The board or commissioner may require clarifications
59.16 from design-builders during the evaluation process. Selection
59.17 according to this method may result in an award not being made
59.18 to the lowest cost proposal.
59.19 (b) If the project is within the capitol area, the capitol
59.20 area architectural and planning board shall participate in the
59.21 evaluation of phase-two proposals.
59.22 Subd. 10. [AWARD OF DESIGN-BUILD CONTRACT.] If the
59.23 commissioner decides not to reject all proposals, the
59.24 commissioner shall award and enter into the design-build
59.25 contract with the design-builder that submitted the phase-one or
59.26 phase-two proposal, as applicable, rated highest based on the
59.27 weighted evaluation criteria as evaluated under the request for
59.28 qualifications or request for proposals as applicable.
59.29 Subd. 11. [EXPIRATION.] This section expires January 1,
59.30 2004.
59.31 Sec. 42. Minnesota Statutes 2000, section 85.019,
59.32 subdivision 4a, is amended to read:
59.33 Subd. 4a. [NATURAL AND SCENIC AREAS.] The commissioner
59.34 shall administer a program to provide grants to units of
59.35 government and school districts for the acquisition and
59.36 betterment of natural and scenic areas such as blufflands,
60.1 prairies, shorelands, wetlands, and wooded areas. A grant may
60.2 not exceed 50 percent or $500,000, whichever is less, of the
60.3 costs of acquisition and betterment of land acquired under this
60.4 subdivision. The commissioner shall make payment to a unit of
60.5 government upon receiving documentation of reimbursable
60.6 expenditures.
60.7 Sec. 43. Minnesota Statutes 2000, section 85.019,
60.8 subdivision 4c, is amended to read:
60.9 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner
60.10 shall administer a program to provide grants to units of
60.11 government for up to 50 percent of the costs of acquisition and
60.12 betterment of public land and improvements needed for trails
60.13 that connect communities, trails, and parks and thereby increase
60.14 the effective length of trail experiences. Recipients must
60.15 provide a nonstate cash match of at least one-half of total
60.16 eligible project costs. If land used for the trails is not in
60.17 full public ownership, then the recipients must prove it is
60.18 dedicated to the purposes of the grants for at least 20
60.19 years. The commissioner shall make payment to a unit of
60.20 government upon receiving documentation of reimbursable
60.21 expenditures. A unit of government may enter into a lease or
60.22 management agreement for the trail, subject to section 16A.695.
60.23 Sec. 44. Minnesota Statutes 2000, section 103F.205,
60.24 subdivision 1, is amended to read:
60.25 Subdivision 1. [APPLICABILITY.] The definitions in this
60.26 section apply to sections 103F.201 to 103F.221 103F.225.
60.27 Sec. 45. [103F.225] [SHORELAND PROTECTION PROGRAM.]
60.28 Subdivision 1. [ESTABLISHMENT.] The board of water and
60.29 soil resources shall establish a program to acquire conservation
60.30 easements in environmentally sensitive lake and river shoreland
60.31 areas from private landowners. The board may award grants to
60.32 local soil and water conservation districts and participating
60.33 local units of government to accomplish the purposes of the
60.34 program. The board shall coordinate the acquisition of lake and
60.35 river shoreland conservation easements with shoreland protection
60.36 and enhancement activities of the commissioner of natural
61.1 resources, the pollution control agency, and other public and
61.2 private entities.
61.3 Subd. 2. [LOCAL ACQUISITION CRITERIA.] A participating
61.4 soil and water conservation district or local unit of government
61.5 must establish a working group of interested individuals. The
61.6 working groups, along with the county board and the soil and
61.7 water conservation district, must develop criteria for
61.8 acquisition of lake and river shoreland conservation easements
61.9 and the preservation and enhancement of degraded or eroded
61.10 shoreland.
61.11 Subd. 3. [USE OF GRANTS.] The board, a participating soil
61.12 and water conservation district, or local unit of government may
61.13 use a grant for the acquisition of shoreland conservation
61.14 easements. The grant may be up to 100 percent of the cost of
61.15 acquisition of the easement. A conservation easement, as
61.16 defined in section 84C.01, must be permanent and is subject to
61.17 applicable provisions relating to easement acquisition in
61.18 section 103F.515, subdivisions 3 to 6, 8 and 9, except the
61.19 easement may be held by the board, a local unit of government,
61.20 or a soil and water conservation district. Section 273.117
61.21 applies to conservation easements acquired under this section.
61.22 Subd. 4. [CONSERVATION PLAN; GRANT PRIORITY.] (a) An
61.23 entity applying for a grant to acquire a shoreland conservation
61.24 easement under this section, must prepare a conservation plan
61.25 for the area subject to the easement to provide for the
61.26 preservation and enhancement of the natural shoreline. The
61.27 conservation plan shall also include information on identified
61.28 and committed funding sources to implement the plan.
61.29 (b) The board shall give priority for grants based on:
61.30 (1) the environmental sensitivity of the shoreland;
61.31 (2) the need for preservation and enhancement of the
61.32 shoreland due to existing degradation and erosion; and
61.33 (3) the extent that funding, including in-kind
61.34 contributions, has been committed to implement the conservation
61.35 plan.
61.36 Subd. 5. [EXPIRATION.] This section expires June 30, 2004.
62.1 Sec. 46. [116J.431] [GREATER MINNESOTA BUSINESS
62.2 DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM.]
62.3 Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The
62.4 commissioner shall make grants to cities to provide up to 50
62.5 percent of the capital costs of public infrastructure necessary
62.6 for an eligible economic development project. The city
62.7 receiving a grant must provide for the remainder of the costs of
62.8 the project, either in cash or in kind. In-kind contributions
62.9 may include the value of site preparation other than the public
62.10 infrastructure needed for the project.
62.11 For purposes of this section, "city" means a statutory or
62.12 home rule charter city located outside the metropolitan area, as
62.13 defined in section 473.121, subdivision 2.
62.14 "Public infrastructure" means publicly owned physical
62.15 infrastructure necessary to support economic development
62.16 projects, including, but not limited to, sewers, water supply
62.17 systems, utility extensions, streets, wastewater treatment
62.18 systems, stormwater management systems, and facilities for
62.19 pretreatment of wastewater to remove phosphorus.
62.20 The purpose of the grants is to keep or enhance jobs in the
62.21 area, increase the tax base, or to expand or create new economic
62.22 development.
62.23 Subd. 2. [ELIGIBLE PROJECTS.] An economic development
62.24 project for which a city may be eligible to receive a grant
62.25 under this section includes:
62.26 (1) manufacturing;
62.27 (2) technology;
62.28 (3) warehousing and distribution;
62.29 (4) research and development;
62.30 (5) agricultural processing, defined as transforming,
62.31 packaging, sorting, or grading livestock or livestock products
62.32 into goods that are used for intermediate or final consumption,
62.33 including goods for nonfood use; or
62.34 (6) industrial park development that would be used by any
62.35 other business listed in this subdivision.
62.36 Subd. 3. [INELIGIBLE PROJECTS.] The following projects are
63.1 not eligible for a grant under this section:
63.2 (1) retail development; or
63.3 (2) office space development, except as incidental to an
63.4 eligible purpose.
63.5 Subd. 4. [APPLICATION.] The commissioner must develop
63.6 forms and procedures for soliciting and reviewing applications
63.7 for grants under this section. At a minimum, a city must
63.8 include in its application a resolution of the city council
63.9 certifying that the required local match is available. The
63.10 commissioner must evaluate complete applications for eligible
63.11 projects using the following criteria:
63.12 (1) the project is an eligible project as defined under
63.13 subdivision 2;
63.14 (2) the project will result in substantial public and
63.15 private capital investment and provide substantial economic
63.16 benefit to the city in which the project would be located;
63.17 (3) the project is not relocating substantially the same
63.18 operation from another location in the state, unless the
63.19 commissioner determines the project cannot be reasonably
63.20 accommodated within the city in which the business is currently
63.21 located, or the business would otherwise relocate to another
63.22 state; and
63.23 (4) the project will create or maintain full-time jobs.
63.24 The determination of whether to make a grant for a site is
63.25 within the discretion of the commissioner, subject to this
63.26 section. The commissioner's decisions and application of the
63.27 priorities are not subject to judicial review, except for abuse
63.28 of discretion.
63.29 Subd. 5. [SET ASIDES.] (a) During the first two years of
63.30 the program, $2,000,000, must be used only for grants to cities
63.31 with a population of less than 5,000.
63.32 (b) Twenty percent of the amount available must be used
63.33 only for grants for industrial park developments.
63.34 Subd. 6. [MAXIMUM GRANT AMOUNT.] A city may receive no
63.35 more than $1,000,000 in two years for one or more projects.
63.36 Subd. 7. [CANCELLATION OF GRANT; RETURN OF GRANT
64.1 MONEY.] If after five years, the commissioner determines that a
64.2 project has not proceeded in a timely manner and is unlikely to
64.3 be completed, the commissioner must cancel the grant and require
64.4 the grantee to return all grant money awarded for that project.
64.5 For industrial park development projects, if after five years
64.6 the industrial park is not developed and available for business
64.7 use, the commissioner must cancel the grant and require the
64.8 grantee to return all grant money for that project. If the
64.9 industrial park is developed and available for use within five
64.10 years, but no businesses have located in the park, the grantee
64.11 is not required to return any grant money.
64.12 Subd. 8. [APPROPRIATION.] Grant money returned to the
64.13 commissioner is appropriated to the commissioner to make
64.14 additional grants under this section.
64.15 Sec. 47. [116J.571] [CREATION OF ACCOUNTS.]
64.16 Two greater Minnesota redevelopment accounts are created,
64.17 one in the general fund and one in the bond proceeds fund.
64.18 Money in the accounts may be used to make grants as provided in
64.19 section 116J.575. Money in the bond proceeds fund may only be
64.20 used for eligible costs for publicly owned property. Money in
64.21 the general fund may be used to pay for the commissioner's costs
64.22 in reviewing the applications.
64.23 Sec. 48. [116J.572] [DEFINITIONS.]
64.24 Subdivision 1. [SCOPE OF APPLICATION.] For purposes of
64.25 sections 116J.571 to 116J.575, the terms in this section have
64.26 the meanings given.
64.27 Subd. 2. [DEVELOPMENT AUTHORITY.] "Development authority"
64.28 includes a statutory or home rule charter city, county, housing
64.29 and redevelopment authority, economic development authority, or
64.30 port authority located outside the seven-county metropolitan
64.31 area, as defined in section 473.121, subdivision 2.
64.32 Subd. 3. [ELIGIBLE COSTS OR COSTS.] "Eligible costs" or
64.33 "costs" means the costs of land acquisition, stabilizing
64.34 unstable soils, demolition, infrastructure improvements, ponding
64.35 or other environmental infrastructure; building construction,
64.36 design and engineering; and adaptive reuse of buildings.
65.1 Eligible costs do not include project administration and legal
65.2 fees.
65.3 Subd. 4. [REDEVELOPMENT.] "Redevelopment" means recycling
65.4 obsolete, abandoned, or underutilized properties for new
65.5 industrial, commercial, or residential uses.
65.6 Sec. 49. [116J.573] [CRITERIA FOR ACCOUNTS AND PROJECTS.]
65.7 Subdivision 1. [ACCOUNTS.] Criteria for use of the
65.8 accounts created in section 116J.571 must be consistent with and
65.9 promote the purposes of sections 116J.571 to 116J.575. They
65.10 include, but are not limited to:
65.11 (1) creating and preserving living wage jobs in greater
65.12 Minnesota;
65.13 (2) creating incentives for communities to include a full
65.14 range of housing opportunities;
65.15 (3) creating incentives for all communities to implement
65.16 compact, efficient, and mixed-use development; and
65.17 (4) creating incentives to assist communities in
65.18 maintaining a unique sense of place by preserving local,
65.19 cultural assets.
65.20 Subd. 2. [PROJECTS.] To be eligible for funding by the
65.21 greater Minnesota redevelopment account, a project must:
65.22 (1) interrelate redevelopment with other public investments
65.23 in transportation, housing, schools, energy, utilities
65.24 information infrastructure, and other public services;
65.25 (2) interrelate affordable housing and employment growth
65.26 areas;
65.27 (3) intensify land use that leads to more compact
65.28 redevelopment;
65.29 (4) involve redevelopment that mixes incomes of residents
65.30 in housing, including introducing or reintroducing higher value
65.31 housing in lower income areas to achieve a mix of housing
65.32 opportunities;
65.33 (5) involve participation from citizens and the business
65.34 community in the planning and development of the proposed
65.35 redevelopment plan;
65.36 (6) encourage public infrastructure investments which
66.1 attract private sector redevelopment investment in commercial,
66.2 industrial, and residential properties adjacent to public
66.3 improvements, and provide project area residents with expanded
66.4 opportunities for private sector employment; or
66.5 (7) be sustainable at the local level and reduce the
66.6 probability of future requests for state development,
66.7 maintenance, or replacement assistance.
66.8 Subd. 3. [OTHER FACTORS.] The factors listed in
66.9 subdivisions 1 and 2 are not ranked in order of priority.
66.10 Rather, the commissioner may weigh each factor depending upon
66.11 the facts and circumstances as the commissioner considers
66.12 appropriate. The commissioner may consider other factors
66.13 including, but not limited to, blight reduction, community
66.14 stabilization, and property tax base maintenance or improvement.
66.15 Subd. 4. [PARTNERSHIPS.] The commissioner shall give
66.16 priority to proposals using innovative financial partnerships
66.17 between government, private for-profit, and nonprofit sectors as
66.18 well as to proposals that meet current tax increment financing
66.19 requirements for a redevelopment district and contribute tax
66.20 increment financing towards the project.
66.21 Subd. 5. [ANNUAL REPORT.] The commissioner shall prepare
66.22 and submit to the legislature an annual report on the greater
66.23 Minnesota redevelopment account. The report must include
66.24 information on the amount of money in the account, the amount
66.25 distributed, to whom the grants were distributed and for what
66.26 purposes, and an evaluation of the effectiveness of the projects
66.27 funded in meeting the policies and goals of the program.
66.28 Sec. 50. [116J.574] [GRANT APPLICATIONS.]
66.29 Subdivision 1. [APPLICATION REQUIRED.] To obtain a grant,
66.30 a development authority shall apply to the commissioner.
66.31 Subd. 2. [REQUIRED CONTENT.] The commissioner shall
66.32 prescribe and provide the application form. The application
66.33 must include at least the following information:
66.34 (1) identification of the site;
66.35 (2) a detailed budget, including necessary supporting
66.36 evidence, of the total costs for the site including the total
67.1 eligible redevelopment costs;
67.2 (3) a complete redevelopment plan, including any specific
67.3 commitments from third parties to construct improvements on the
67.4 site;
67.5 (4) a complete financing plan, including the manner in
67.6 which the development authority uses innovative financial
67.7 partnerships between government, private for-profit, and
67.8 nonprofit sectors; and
67.9 (5) any additional information or material that the
67.10 commissioner prescribes.
67.11 Sec. 51. [116J.575] [GRANTS.]
67.12 Subdivision 1. [COMMISSIONER DISCRETION.] The commissioner
67.13 may make a grant for up to 50 percent of the eligible costs of a
67.14 project. The determination of whether to make a grant for a
67.15 site is within the discretion of the commissioner, subject to
67.16 this section and sections 116J.571 to 116J.574 and available
67.17 unencumbered money in the greater Minnesota redevelopment
67.18 account. The commissioner's decisions and application of the
67.19 priorities under this section are not subject to judicial
67.20 review, except for abuse of discretion.
67.21 Subd. 2. [APPLICATION CYCLES.] In making grants, the
67.22 commissioner shall establish semiannual application deadlines in
67.23 which grants will be authorized from all or part of the
67.24 available money in the account.
67.25 Sec. 52. Minnesota Statutes 2000, section 134.45,
67.26 subdivision 5, is amended to read:
67.27 Subd. 5. [QUALIFICATION.] A public library jurisdiction
67.28 may apply for a grant in an amount up to $150,000 or 50 percent
67.29 of the approved costs of removing architectural barriers from a
67.30 building or site, whichever is less. Grants may be made only
67.31 for projects in existing buildings used as a library, or to
67.32 prepare another existing building for use as a
67.33 library. Renovation of an existing building may include an
67.34 addition to the building if the additional space is necessary to
67.35 provide accessibility or if relocating public spaces to the
67.36 ground level provides improved overall accessibility. Grants
68.1 must not be used to pay part of the cost of meeting
68.2 accessibility requirements in a new building.
68.3 Sec. 53. Minnesota Statutes 2000, section 135A.046,
68.4 subdivision 2, is amended to read:
68.5 Subd. 2. [STANDARDS.] Capital budget expenditures for
68.6 Higher Education Asset Preservation and Replacement (HEAPR)
68.7 projects must be for one or more of the following: code
68.8 compliance including health and safety, Americans with
68.9 Disabilities Act requirements, hazardous material abatement,
68.10 access improvement, or air quality improvement; or building or
68.11 infrastructure repairs necessary to preserve the interior and
68.12 exterior of existing buildings; or renewal to support the
68.13 existing programmatic mission of the campuses. Up to ten
68.14 percent of an appropriation awarded under this section may be
68.15 used for design costs for projects eligible to be funded from
68.16 this account in anticipation of future funding from the account.
68.17 Sec. 54. Minnesota Statutes 2000, section 136F.60,
68.18 subdivision 1, is amended to read:
68.19 Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY; STATE
68.20 UNIVERSITIES.] The board may purchase property adjacent to or in
68.21 the vicinity of the campuses as necessary for the development of
68.22 a state college or university. Before taking action, the board
68.23 shall consult with the chairs of the senate finance committee
68.24 and the house ways and means committee about the proposed
68.25 action. The board shall explain the need to acquire property,
68.26 specify the property to be acquired, and indicate the source and
68.27 amount of money needed for the acquisition. The amount needed
68.28 may be spent from sums previously appropriated for purposes of
68.29 the state colleges and universities, including, but not limited
68.30 to, general fund appropriations for instructional or
68.31 noninstructional expenditures, general fund appropriations
68.32 carried forward, or state college and university activity fund
68.33 appropriations. The board may pay relocation costs, at its
68.34 discretion, when acquiring property.
68.35 Sec. 55. [174.52] [LOCAL ROAD IMPROVEMENT FUND.]
68.36 Subdivision 1. [FUND CREATED.] A local road improvement
69.1 fund is created in the state treasury. The fund consists of
69.2 money transferred to the fund through appropriation, gift, or
69.3 grant.
69.4 Subd. 2. [TRUNK HIGHWAY CORRIDOR PROJECTS ACCOUNT.] A
69.5 trunk highway corridor projects account is established in the
69.6 local road improvement fund. Money in the account is annually
69.7 appropriated to the commissioner of transportation for
69.8 expenditure as specified in this section. Money in the account
69.9 must be used as grants or loans to statutory or home rule
69.10 charter cities, towns, and counties to assist in paying the
69.11 local share of trunk highway projects that have local costs that
69.12 are directly or partially related to the trunk highway
69.13 improvement and that are not funded or are only partially funded
69.14 with other state and federal funds. The commissioner shall
69.15 determine the amount of the local share of costs eligible for
69.16 assistance from the account.
69.17 Subd. 3. [ADVISORY COMMITTEE.] The commissioner shall
69.18 establish an advisory committee consisting of five members,
69.19 including:
69.20 (1) one county commissioner;
69.21 (2) one county engineer;
69.22 (3) one city engineer;
69.23 (4) one city council member or city administrator
69.24 representing a city with a population over 5,000; and
69.25 (5) one city council member or city administrator
69.26 representing a city with a population under 5,000. The advisory
69.27 committee shall provide recommendations to the commissioner
69.28 regarding expenditures from the trunk highway corridor projects
69.29 account.
69.30 Subd. 4. [LOCAL ROAD ACCOUNT FOR ROUTES OF REGIONAL
69.31 SIGNIFICANCE.] A local road account for routes of regional
69.32 significance is established in the local road improvement fund.
69.33 Money in the account is annually appropriated to the
69.34 commissioner of transportation for expenditure as specified in
69.35 this section. Money in the account must be used as grants or
69.36 loans to statutory or home rule charter cities, towns, and
70.1 counties to assist in paying the costs of constructing or
70.2 reconstructing city streets, county highways, or town roads with
70.3 statewide or regional significance that has not been fully
70.4 funded through other state, federal, or local funding sources.
70.5 Subd. 5. [GRANT PROCEDURES AND CRITERIA.] The commissioner
70.6 shall establish procedures for statutory or home rule charter
70.7 cities, towns, and counties to apply for grants or loans from
70.8 the fund and criteria to be used to select projects for funding.
70.9 The commissioner shall establish these procedures and criteria
70.10 in consultation with representatives appointed by the
70.11 association of Minnesota counties, league of Minnesota cities,
70.12 and Minnesota township officers association. The criteria for
70.13 determining project priority and the amount of a grant or loan
70.14 must be based upon consideration of:
70.15 (1) the availability of other state, federal, and local
70.16 funds;
70.17 (2) the regional significance of the route;
70.18 (3) effectiveness of the proposed project in eliminating a
70.19 transportation system deficiency;
70.20 (4) the number of persons who will be positively impacted
70.21 by the project;
70.22 (5) the project's contribution to other local, regional, or
70.23 state economic development or redevelopment efforts; and
70.24 (6) ability of the local unit of government to adequately
70.25 provide for the safe operation and maintenance of the facility
70.26 upon project completion.
70.27 Subd. 6. [ADMINISTRATIVE COSTS.] A sum of 0.25 percent of
70.28 the total amount in the fund, other than amounts deposited in
70.29 the fund from the proceeds from the sale of state bonds, is
70.30 available to be used for administrative costs incurred by the
70.31 department in carrying out the provisions of this section.
70.32 Sec. 56. Minnesota Statutes 2000, section 240A.02,
70.33 subdivision 1, is amended to read:
70.34 Subdivision 1. [MEMBERSHIP; COMPENSATION; CHAIR.] (a) The
70.35 Minnesota amateur sports commission consists of 12 14 voting
70.36 members, four of whom must be experienced in promoting amateur
71.1 sports. Nine Of the voting members, nine shall be appointed by
71.2 the governor and two shall be appointed by the commission to
71.3 three-year terms. Of the total commission membership, including
71.4 voting and nonvoting members, one member must reside in each of
71.5 the state's congressional districts. Four legislators, two from
71.6 each house appointed according to its rules, shall be nonvoting
71.7 members. One member from each house shall be from the minority
71.8 caucus. Compensation and removal of members and the filling of
71.9 membership vacancies are as provided in section 15.0575. A
71.10 member may be reappointed. The governor shall appoint the chair
71.11 of the commission after consideration of the commission's
71.12 recommendation.
71.13 (b) The governor, speaker of the house of representatives,
71.14 and senate majority leader shall each appoint one additional
71.15 voting member to the commission to a two-year term. The purpose
71.16 of adding three members to the commission is to ensure gender
71.17 balance in commission membership. Compensation, removal, and
71.18 filling of vacancies of members appointed under this paragraph
71.19 are as provided in section 15.0575. A member appointed under
71.20 this paragraph may be reappointed.
71.21 Sec. 57. [383B.158] [DESIGN-BUILD CONTRACTS.]
71.22 Subdivision 1. [DEFINITIONS.] (a) In sections 383B.158 to
71.23 383B.1586, the definitions in this subdivision apply.
71.24 (b) "Best value" describes a result intended in acquiring
71.25 design-build services. Best value determination must include
71.26 price and must measure a responder's qualifications, experience,
71.27 prior performance, and responses to technical and qualitative
71.28 criteria.
71.29 (c) "County board" means the Hennepin county board of
71.30 commissioners.
71.31 (d) "Designer selection committee" means the designer
71.32 selection committee appointed by the county to advise the county
71.33 administrator and county board in preparing and conducting the
71.34 design-build selection process. At least three members of the
71.35 committee must be individuals who are not county employees, a
71.36 minimum of two members must be professionally licensed under
72.1 chapter 326, and at least one must be or must have been a
72.2 commercial contractor. No committee member shall have personal
72.3 financial interest in the project or with any of the
72.4 design-build proposals.
72.5 (e) "Design-build contract" means a single contract between
72.6 the county and a design-builder to furnish the architectural,
72.7 engineering, and related design services as well as the labor,
72.8 materials, supplies, equipment, and construction services for a
72.9 project.
72.10 (f) "Design-build firm" means a proprietorship,
72.11 partnership, limited liability partnership, joint venture,
72.12 corporation, or any type of limited liability company,
72.13 professional corporation, or any legal entity.
72.14 (g) "Design-builder" means the design-build firm that
72.15 proposes to design and build a project governed by the
72.16 procedures of this section.
72.17 (h) "Design professional" means a person who holds or
72.18 employs individuals who hold a license under chapter 326 and who
72.19 is required to be registered under Minnesota law.
72.20 (i) "Project" means an undertaking for the county to
72.21 design, construct, erect, or remodel a building or facility, or
72.22 to design, construct, or reconstruct a county road, bridge, or
72.23 other infrastructure relating to a county roadway.
72.24 (j) "Proposal" means an offer by a design-builder to enter
72.25 into a design-build contract for a project in response to a
72.26 request for proposals, including a phase-one or phase-two
72.27 proposal.
72.28 (k) "Request for proposals" or "RFP" means the document or
72.29 publication through which the county solicits proposals from
72.30 prequalified design-builders to design and construct a
72.31 design-build project.
72.32 (l) "Request for qualifications" or "RFQ" means a document
72.33 to prequalify and short-list potential design-builders for a
72.34 project.
72.35 Subd. 2. [AUTHORITY.] Notwithstanding section 471.345 or
72.36 any other law to the contrary, the county board may solicit and
73.1 award a design-build contract for a project on the basis of a
73.2 best value selection process as provided in this section.
73.3 Subd. 3. [RESTRICTION.] (a) The authority granted in
73.4 sections 383B.158 to 383B.1586 shall be to evaluate the
73.5 effectiveness of the design-build process for a county project.
73.6 (b) The board may not enter into a design-build contract
73.7 under this section unless the county has as employees at least
73.8 one of each of the following, each of whom must be licensed and
73.9 registered under state law: an architect, a mechanical
73.10 engineer, and a civil engineer. In addition, the county must
73.11 employ a full-time project manager with at least five years of
73.12 construction management experience.
73.13 Subd. 4. [PROCEDURES.] (a) The county board shall, by
73.14 resolution, adopt implementation procedures consistent with this
73.15 section for the award of design-build contracts.
73.16 (b) The implementation procedures must, at a minimum,
73.17 govern:
73.18 (1) the establishment of a designer selection committee
73.19 appointed by the county to advise the county administrator and
73.20 the county board in preparing and conducting the design-build
73.21 selection process, including a recommendation for the selection
73.22 of a design-build proposal it considers to be of best value to
73.23 the public;
73.24 (2) preparing requests for proposals, including procedures
73.25 for determining the appropriate content for each request for
73.26 proposal;
73.27 (3) standards to be used to qualify or prequalify
73.28 design-builders;
73.29 (4) preparing and submitting proposals;
73.30 (5) establishing procedures for evaluating proposals in as
73.31 objective a manner as possible;
73.32 (6) establishing safeguards to preserve confidential
73.33 information and proprietary information supplied by those
73.34 submitting proposals including, but not limited to, an offeror's
73.35 price, technical solutions, innovative or unique technology, and
73.36 innovative or unique use of commercially available items; and
74.1 (7) awarding and executing design-build contracts.
74.2 Subd. 5. [LICENSING REQUIREMENTS.] (a) A design-builder
74.3 must be licensed and registered to provide the services required
74.4 to complete the project and do business in this state.
74.5 (b) A design-builder may enter into a contract with the
74.6 county to provide professional or construction services that the
74.7 design-builder is not licensed, registered, or qualified to
74.8 perform, so long as the design-builder provides the services
74.9 through subcontracts with licensed, registered, or otherwise
74.10 qualified persons in accordance with this section.
74.11 (c) This section does not intend to limit or eliminate the
74.12 responsibility or liability owed by a professional on a
74.13 design-build project to the county or other parties under other
74.14 law.
74.15 Sec. 58. [383B.1581] [DESIGN-BUILD PROCESS.]
74.16 Subdivision 1. [TWO-PHASE PROCEDURE.] If the county board
74.17 determines that the design-build best value method of project
74.18 delivery is appropriate for a project, the county board shall
74.19 establish a two-phase procedure for awarding the design-build
74.20 contract.
74.21 Subd. 2. [CONTENTS.] The county, after considering
74.22 recommendations from the designer selection committee, shall
74.23 prepare or have prepared an RFQ. The RFQ must include the
74.24 following:
74.25 (1) the minimum qualifications of design-builders necessary
74.26 to meet the requirements for acceptance;
74.27 (2) a scope of work statement and schedule;
74.28 (3) documents defining the project requirements;
74.29 (4) the form of contract to be awarded;
74.30 (5) the weighted selection criteria for compiling a short
74.31 list and the number of firms to be included in the short list,
74.32 which must be at least two but not more than five;
74.33 (6) a description of the request for proposals (RFP)
74.34 requirements;
74.35 (7) the maximum time allowed for design and construction;
74.36 (8) the county board's estimated cost range of design and
75.1 construction;
75.2 (9) requirements for construction experience, design
75.3 experience, financial, personnel, and equipment resources
75.4 available from potential design-builders for the project and
75.5 experience in other design-build projects or similar projects,
75.6 provided that these requirements may not unduly restrict
75.7 competition; and
75.8 (10) a statement that "past performance" or "experience"
75.9 does not include the exercise or assertion of a person's legal
75.10 rights.
75.11 Subd. 3. [EVALUATION.] (a) The county shall solicit and
75.12 evaluate proposals and select a design-builder in two phases.
75.13 (b) In phase one, the county board, after considering the
75.14 recommendations from the designer selection committee, shall
75.15 adopt a short list of at least two but no more than five of the
75.16 most highly qualified firms in accordance with qualifications
75.17 criteria described in the RFQ. Prior to adoption of the short
75.18 list, the designer selection committee or the county board may
75.19 require clarification from the design-builders to ensure
75.20 conformance of proposals to the RFQ. The county must not
75.21 consider cost-related or price-related evaluation factors in
75.22 phase one.
75.23 (c) In phase two, the designer selection committee and the
75.24 county shall use the evaluation criteria in the RFP to determine
75.25 the design-build proposal to be the most advantageous and the
75.26 best value to the public. Prior to award of a contract, the
75.27 designer selection committee and, if necessary, the county board
75.28 may require clarification from the design-builders to ensure
75.29 conformance of proposals to the RFP.
75.30 Sec. 59. [383B.1582] [RFP FOR DESIGN-BUILD.]
75.31 During phase two, the county shall issue an RFP to the
75.32 design-builders on the short list. The request must include:
75.33 (1) the scope of work, including (i) performance and
75.34 technical requirements, (ii) conceptual design, (iii) minimum
75.35 specifications, and (iv) functional and operational elements for
75.36 the delivery of the completed project, which must be prepared by
76.1 a design professional qualified to prepare the necessary
76.2 documents;
76.3 (2) a description of the qualifications required of the
76.4 design-builder;
76.5 (3) a description of the selection criteria, including the
76.6 weighting of each criterion;
76.7 (4) copies of the contract documents that the successful
76.8 proposer will be expected to sign;
76.9 (5) the maximum time allowable for design and construction;
76.10 (6) the county's estimated range of cost for design and
76.11 construction;
76.12 (7) the requirement that a submitted proposal be segmented
76.13 into two parts, a technical proposal and a price proposal;
76.14 (8) the requirement that each proposal be in a separately
76.15 sealed, clearly identified package and include the date and time
76.16 of the submittal deadline;
76.17 (9) the requirement that the technical proposal include a
76.18 critical path method, bar schedule of the work to be performed,
76.19 or similar schematic; design plans and specifications; technical
76.20 reports; calculations; permit requirements; applicable
76.21 development fees; and other data requested in the RFP;
76.22 (10) the requirement that the price proposal contain all
76.23 design, construction, engineering, inspection, and
76.24 construction-related costs, and all other costs of any kind of
76.25 the proposed project;
76.26 (11) the date, time, and location of the public opening of
76.27 the sealed price proposals;
76.28 (12) a statement that "past performance" or "experience"
76.29 does not include the exercise or assertion of a person's legal
76.30 rights; and
76.31 (13) other information relevant to the project.
76.32 Sec. 60. [383B.1583] [REPLACING TEAM MEMBERS.]
76.33 An individual or a design-build firm identified in a
76.34 response to an RFQ or RFP may not be replaced without the
76.35 written approval of the county board. The county board may
76.36 revoke an awarded contract if an individual or a design-build
77.1 firm identified in a response to an RFQ or RFP is replaced
77.2 without the county board's written approval. To qualify for the
77.3 approval, the written request must document that the proposed
77.4 replacement individual or design-build firm will be equal to or
77.5 better than that described in the response to the RFQ or RFP.
77.6 The county board shall use the criteria specified in the RFQ or
77.7 RFP to evaluate the request.
77.8 Sec. 61. [383B.1584] [DESIGN-BUILD AWARD.]
77.9 The county board, after considering the recommendations of
77.10 the designer selection committee, shall award the design-build
77.11 contract to the proposer with the highest scored proposal based
77.12 on the evaluation criteria in the RFP. The rationale for the
77.13 selection of the proposal must be stated at the time of the
77.14 contract award. The county board may reject any or all
77.15 proposals, but must not do so to evade the other provisions and
77.16 policies of this section. If the county board rejects all
77.17 proposals, it may then solicit new proposals after making
77.18 appropriate modifications to performance criteria, budget
77.19 constraints, or qualifications.
77.20 Sec. 62. [383B.1585] [STIPULATED FEE.]
77.21 The county board, depending on the project's complexity and
77.22 scope and at the board's discretion for each project, may
77.23 determine that a stipulated fee be paid to each short-listed
77.24 responsible proposer who provides a responsive but unsuccessful
77.25 proposal. If a stipulated fee is to be paid, it must be clearly
77.26 identified in the RFQ or RFP. If the county board does not
77.27 award a contract, all short-listed proposers must receive the
77.28 stipulated fee. If the county board cancels the contract before
77.29 reviewing the technical proposals, the county board shall award
77.30 each design-builder on the short list a stipulated minimum fee
77.31 as set out in the RFP. The county board shall pay the
77.32 stipulated fee to each proposer within 90 days after the award
77.33 of the contract or the decision not to award a contract. In
77.34 consideration for paying the stipulated fee, the county board
77.35 may use any ideas or information contained in the proposals in
77.36 connection with any contract awarded for the project or in
78.1 connection with a subsequent procurement, without any obligation
78.2 to pay any additional compensation to the unsuccessful
78.3 proposers. Notwithstanding the other provisions of this
78.4 subdivision, an unsuccessful short-list proposer may elect to
78.5 waive the stipulated fee. If an unsuccessful short-list
78.6 proposer elects to waive the stipulated fee, the county may not
78.7 use ideas and information contained in that proposer's
78.8 proposal. Upon the request of the county, a proposer who waived
78.9 a stipulated fee may withdraw the waiver, in which case the
78.10 county board shall pay the stipulated fee to the proposer and
78.11 thereafter may use ideas and information in the proposer's
78.12 proposal.
78.13 Sec. 63. [383B.1586] [EXPIRATION.]
78.14 Sections 383B.158 to 383B.1586 expire December 31, 2007,
78.15 and apply only to design-build contracts entered into on or
78.16 before January 1, 2008, for the Northwest busway and the Lowry
78.17 Avenue bridge.
78.18 Sec. 64. Minnesota Statutes 2000, section 446A.07,
78.19 subdivision 4, is amended to read:
78.20 Subd. 4. [INTENDED USE PLAN.] (a) The pollution control
78.21 agency public facilities authority shall annually prepare and
78.22 submit to the United States Environmental Protection Agency an
78.23 intended use plan. The plan must identify the intended uses of
78.24 the amounts available to the water pollution control revolving
78.25 fund, including a list of wastewater treatment and storm water
78.26 projects and all other eligible activities to be funded during
78.27 the fiscal year. Information regarding eligible activities must
78.28 be submitted to the pollution control agency by the appropriate
78.29 state agency or department within 30 days of written
78.30 notification by the pollution control agency.
78.31 (b) To be eligible for placement on the intended use plan:
78.32 (1) a project must be listed on the pollution control
78.33 agency's project priority list;
78.34 (2) the applicant must submit a written request to the
78.35 public facilities authority, including a brief description of
78.36 the project, a project cost estimate and the requested loan
79.1 amount, and a proposed project schedule; and
79.2 (3) for a construction loan, the project must have a
79.3 facility plan approved by the pollution control agency.
79.4 (c) The pollution control agency shall annually provide to
79.5 the public facilities authority its project priority list of
79.6 wastewater and storm water projects to be considered for
79.7 funding. The pollution control agency public facilities
79.8 authority may not submit the plan until it has received the
79.9 review and comment of the authority pollution control agency or
79.10 until 30 days have elapsed since the plan was submitted to
79.11 the authority pollution control agency, whichever occurs first.
79.12 In addition, the public facilities authority shall offer
79.13 municipalities seeking placement on the intended use plan an
79.14 opportunity to review and comment on the plan before it is
79.15 adopted. The plan may be amended to add additional projects for
79.16 consideration for funding as it determines funds are available
79.17 and additional projects are able to proceed.
79.18 Sec. 65. Minnesota Statutes 2000, section 446A.072,
79.19 subdivision 1, is amended to read:
79.20 Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The authority
79.21 will establish a wastewater infrastructure funding program to
79.22 provide supplemental assistance to municipalities applying
79.23 for receiving funding under through the water pollution control
79.24 revolving loan program or the United States Department of
79.25 Agriculture Rural Economic and Community Development's
79.26 (USDA/RECD) Water and Waste Disposal Loans and Grants program
79.27 for the design and planning, improvements to, and construction
79.28 of municipal wastewater treatment systems. The purpose of the
79.29 program is to assist municipalities demonstrating financial need
79.30 in building cost-efficient projects to address existing
79.31 environmental or public health problems. To implement the
79.32 program, the authority shall establish a wastewater
79.33 infrastructure fund to provide grants and loans for the purposes
79.34 authorized under title VI of the Federal Water Pollution Control
79.35 Act. The fund shall be credited with all investment income from
79.36 the fund and all repayments of loans, grants, and penalties.
80.1 [EFFECTIVE DATE.] This section is effective for funds
80.2 appropriated after January 1, 2002.
80.3 Sec. 66. Minnesota Statutes 2000, section 446A.072,
80.4 subdivision 3, is amended to read:
80.5 Subd. 3. [PROGRAM ADMINISTRATION.] (a) The authority shall
80.6 provide supplemental assistance, as provided in subdivision 2,
80.7 5a to municipalities demonstrating financial need, as provided
80.8 in subdivision 4, whose projects have been certified to the
80.9 authority by the commissioner of the agency. The authority
80.10 shall reserve supplemental assistance for projects in order of
80.11 their priority ranking established by the agency.:
80.12 (1) whose projects are listed on the agency's project
80.13 priority list;
80.14 (2) that demonstrate their projects are a cost-effective
80.15 solution to an existing environmental or public health problem;
80.16 and
80.17 (3) whose projects are approved by the USDA/RECD or
80.18 certified by the commissioner of the agency.
80.19 (b) For a municipality receiving grant funding from the
80.20 USDA/RECD, applications must be made to the USDA/RECD with
80.21 additional information submitted to the authority as required by
80.22 the authority. Eligible project costs and affordability
80.23 criteria shall be determined by the USDA/RECD.
80.24 (c) For a municipality not receiving grant funding from the
80.25 USDA/RECD, application must be made to the authority on forms
80.26 prescribed by the authority for the water pollution control
80.27 revolving fund program with additional information as required
80.28 by the authority. In accordance with section 116.182, the
80.29 agency shall:
80.30 (1) calculate the essential project component percentage
80.31 which must be multiplied by the total project cost to determine
80.32 the eligible project cost; and
80.33 (2) review and certify approved projects to the authority.
80.34 (d) At the time funds are appropriated under this section,
80.35 the authority shall reserve supplemental assistance for projects
80.36 in order of their rankings on the agency's project priority list
81.1 and in an amount based on their most recent cost estimates
81.2 submitted to the authority or the as-bid costs, whichever is
81.3 less.
81.4 [EFFECTIVE DATE.] This section is effective for funds
81.5 appropriated after January 1, 2002.
81.6 Sec. 67. Minnesota Statutes 2000, section 446A.072, is
81.7 amended by adding a subdivision to read:
81.8 Subd. 5a. [TYPE AND AMOUNT OF ASSISTANCE.] (a) For a
81.9 municipality receiving grant funding from the USDA/RECD, the
81.10 authority shall provide assistance in the form of a grant of up
81.11 to one-half of the eligible grant amount determined by
81.12 USDA/RECD. A municipality may not receive a grant under this
81.13 paragraph for more than $4,000,000 or $15,000 per existing
81.14 connection, whichever is less, unless specifically approved by
81.15 law. In the case of a sanitary district or other
81.16 multijurisdictional project for which the USDA/RECD is unable to
81.17 fully fund up to one-half of the eligible grant amount, the
81.18 authority may provide up to an additional $1,000,000 for each
81.19 additional municipality participating up to a maximum of
81.20 $8,000,000 or $15,000 per existing connection, whichever is
81.21 less, but not to exceed the maximum grant level determined by
81.22 the USDA/RECD as needed to keep the project affordable.
81.23 (b) For a municipality not receiving grant funding from the
81.24 USDA/RECD, the authority shall provide assistance in the form of
81.25 a loan for the eligible project costs that exceed five percent
81.26 of the market value of properties in the project service area.
81.27 A municipality may not receive a loan under this paragraph for
81.28 more than $4,000,000 or $15,000 per existing connection,
81.29 whichever is less, unless specifically approved by law. In the
81.30 case of a sanitary district or other multijurisdictional
81.31 project, the authority may provide a loan under this paragraph
81.32 for up to an additional $1,000,000 for each additional
81.33 municipality participating up to a maximum of $8,000,000 or
81.34 $15,000 per existing connection, whichever is less, unless
81.35 specifically approved by law. A loan under this paragraph must
81.36 bear no interest, must be repaid as provided in subdivision 7,
82.1 and must only be provided in conjunction with a loan from the
82.2 water pollution control revolving fund under section 446A.07.
82.3 (c) Notwithstanding the limits in paragraphs (a) and (b),
82.4 for a municipality receiving supplemental assistance under this
82.5 section after January 1, 2002, if the authority determines that
82.6 the municipality's construction and installation costs are
82.7 significantly increased due to geological conditions of
82.8 crystalline bedrock or karst areas and discharge limits that are
82.9 more stringent than secondary treatment, the authority shall
82.10 provide assistance in the form of half grant and half loan.
82.11 Assistance from the authority may not be more than $25,000 per
82.12 existing connection. Any additional grant amount received for
82.13 the same project must be used to reduce the amount of the
82.14 municipality's loan from the water pollution control revolving
82.15 fund that exceeds five percent of the market value of properties
82.16 in the project service area.
82.17 [EFFECTIVE DATE.] This section is effective for funds
82.18 appropriated after January 1, 2002.
82.19 Sec. 68. Minnesota Statutes 2000, section 446A.072, is
82.20 amended by adding a subdivision to read:
82.21 Subd. 5b. [SPECIAL ASSESSMENT DEFERRAL.] A municipality
82.22 receiving a loan under subdivision 5a that levies special
82.23 assessments to repay the loan under subdivision 5a or section
82.24 446A.07 may defer payment of such assessments under the
82.25 provisions of sections 435.193 to 435.195.
82.26 [EFFECTIVE DATE.] This section is effective for funds
82.27 appropriated after January 1, 2002.
82.28 Sec. 69. Minnesota Statutes 2000, section 446A.072,
82.29 subdivision 6, is amended to read:
82.30 Subd. 6. [DISBURSEMENTS.] Disbursements made of grants or
82.31 loans awarded under this section by the authority to recipients
82.32 must be made for eligible project costs as incurred by the
82.33 recipients, and must be made by the authority in accordance with
82.34 the project financing agreement and applicable state and federal
82.35 laws and rules governing the payments.
82.36 [EFFECTIVE DATE.] This section is effective for funds
83.1 appropriated after January 1, 2002.
83.2 Sec. 70. Minnesota Statutes 2000, section 446A.072,
83.3 subdivision 7, is amended to read:
83.4 Subd. 7. [LOAN REPAYMENTS.] All loan repayments received
83.5 by the authority under subdivision 2 must be used to provide
83.6 additional assistance under this section. A municipality
83.7 receiving a loan under this section shall repay the loan in
83.8 semiannual payment amounts determined by the authority. The
83.9 payment amount must be based on the average payments on the
83.10 municipality's water pollution control revolving fund loan or,
83.11 if greater, the minimum amount required to fully repay the loan
83.12 by the maturity date. Payments must begin within one year of
83.13 the date of the municipality's final payment on the water
83.14 pollution control revolving fund loan. The maturity date of the
83.15 loan must be no later than 20 years from the date of the first
83.16 payment.
83.17 [EFFECTIVE DATE.] This section is effective for funds
83.18 appropriated after January 1, 2002.
83.19 Sec. 71. Minnesota Statutes 2000, section 446A.072,
83.20 subdivision 8, is amended to read:
83.21 Subd. 8. [ELIGIBILITY.] A municipality is eligible for
83.22 assistance under this section only after grant funding from
83.23 other sources has been applied for, obtained, rejected, or the
83.24 authority has determined that the potential funding is unlikely.
83.25 [EFFECTIVE DATE.] This section is effective for funds
83.26 appropriated after January 1, 2002.
83.27 Sec. 72. Minnesota Statutes 2000, section 446A.072,
83.28 subdivision 9, is amended to read:
83.29 Subd. 9. [LOAN LIMITATION.] Supplemental assistance may
83.30 not be used to reduce the sewer service charges of a significant
83.31 wastewater contributor, or a single user that has caused the
83.32 need for the project or whose current or projected flow and load
83.33 exceed one-half of the current wastewater treatment plant's
83.34 capacity, unless the applicant can demonstrate to the authority
83.35 that the significant wastewater contributor cannot pay its fair
83.36 share. Funding will not be provided for projects that are not
84.1 qualified for assistance or that would violate the state's
84.2 constitution or laws regarding the use of funds appropriated for
84.3 the program.
84.4 [EFFECTIVE DATE.] This section is effective for funds
84.5 appropriated after January 1, 2002.
84.6 Sec. 73. Minnesota Statutes 2000, section 446A.072,
84.7 subdivision 11, is amended to read:
84.8 Subd. 11. [REPORT ON NEEDS.] By October 15 February 1 of
84.9 each odd-numbered even-numbered year, the authority, in
84.10 conjunction with the pollution control agency, shall prepare a
84.11 report to the finance division of the senate environment and
84.12 natural resources committee and the house environment and
84.13 natural resources finance committee on wastewater funding
84.14 assistance needs of municipalities under this section.
84.15 [EFFECTIVE DATE.] This section is effective for funds
84.16 appropriated after January 1, 2002.
84.17 Sec. 74. Minnesota Statutes 2000, section 446A.072,
84.18 subdivision 12, is amended to read:
84.19 Subd. 12. [SYSTEM REPLACEMENT FUND.] Each recipient of
84.20 assistance municipality receiving a loan under this section
84.21 shall establish a system replacement fund setting aside and
84.22 shall annually deposit a minimum of $.10 $.50 per 1,000 gallons
84.23 of flow for major rehabilitation, expansion, or replacement of
84.24 the treatment plant system at the end of its useful life. Money
84.25 must remain in the account, for the life of the loan associated
84.26 with the supplemental assistance under this section, unless use
84.27 of the fund is approved in writing by the authority for major
84.28 rehabilitation, expansion, or replacement of the treatment
84.29 plant. Failure to maintain the fund will cancel the loan
84.30 forgiveness provided under subdivision 2 system. By March 1
84.31 each year during the life of the loan, each municipality shall
84.32 submit a report to the authority regarding the amount deposited
84.33 and the fund balance for the prior calendar year. Failure to
84.34 comply with the requirements of this subdivision shall result in
84.35 the authority assessing a penalty fee to the municipality equal
84.36 to one percent of the outstanding loan balance for each year of
85.1 noncompliance. Failure to make the required deposit or pay the
85.2 penalty fee as required constitutes a default on the loan.
85.3 [EFFECTIVE DATE.] This section is effective for funds
85.4 appropriated after January 1, 2002.
85.5 Sec. 75. Minnesota Statutes 2000, section 446A.072, is
85.6 amended by adding a subdivision to read:
85.7 Subd. 14. [CONSISTENCY WITH LAND USE PLANS.] A
85.8 municipality applying for a project in an unsewered area shall
85.9 include in its application to the authority a certification from
85.10 the county in which the project is located that:
85.11 (1) the project is consistent with the county comprehensive
85.12 land use plan, if the county has adopted one;
85.13 (2) the project is consistent with the county water plan,
85.14 if the county has adopted one; and
85.15 (3) the county has adopted specific land use ordinances or
85.16 controls so as to meet or exceed the requirements of Minnesota
85.17 Rules, part 7080.0305.
85.18 [EFFECTIVE DATE.] This section is effective for funds
85.19 appropriated after January 1, 2002.
85.20 Sec. 76. Minnesota Statutes 2000, section 446A.12,
85.21 subdivision 1, is amended to read:
85.22 Subdivision 1. [BONDING AUTHORITY.] The authority may
85.23 issue negotiable bonds in a principal amount that the authority
85.24 determines necessary to provide sufficient funds for achieving
85.25 its purposes, including the making of loans and purchase of
85.26 securities, the payment of interest on bonds of the authority,
85.27 the establishment of reserves to secure its bonds, the payment
85.28 of fees to a third party providing credit enhancement, and the
85.29 payment of all other expenditures of the authority incident to
85.30 and necessary or convenient to carry out its corporate purposes
85.31 and powers, but not including the making of grants. Bonds of
85.32 the authority may be issued as bonds or notes or in any other
85.33 form authorized by law. The principal amount of bonds issued
85.34 and outstanding under this section at any time may not exceed
85.35 $850,000,000 $1,000,000,000, excluding bonds for which refunding
85.36 bonds or crossover refunding bonds have been issued.
86.1 Sec. 77. Laws 1987, chapter 400, section 8, subdivision 5,
86.2 is amended to read:
86.3 Subd. 5. Great River Road Project 3,000,000
86.4 This appropriation is for a grant to
86.5 the Minneapolis park and recreation
86.6 board for land acquisition for the
86.7 Great River Road project in the central
86.8 Mississippi regional park along the
86.9 central waterfront area in downtown
86.10 Minneapolis, provided that the city of
86.11 Minneapolis issues $3,000,000 in bonds
86.12 to be used to acquire land for the same
86.13 project by January 1, 1988. The
86.14 Minneapolis park and recreation board
86.15 may enter into an agreement to operate
86.16 the property known as the Fuji Ya
86.17 restaurant property, as a restaurant or
86.18 entertainment facility, subject to
86.19 Minnesota Statutes, section 16A.695.
86.20 An agreement entered into by the
86.21 Minneapolis park and recreation board
86.22 to operate the property known as the
86.23 Fuji Ya restaurant property as a
86.24 restaurant or entertainment facility
86.25 would benefit the Great River Road
86.26 project, further public efforts to
86.27 reclaim the Mississippi Riverfront in
86.28 Minneapolis, and be a program that
86.29 furthers the governmental purpose of
86.30 the Great River Road project.
86.31 Sec. 78. Laws 2000, chapter 492, article 1, section 3,
86.32 subdivision 5, is amended to read:
86.33 Subd. 5. Bemidji State University
86.34 (a) American Indian History Center 2,000,000
86.35 To predesign, design, construct,
86.36 furnish, and equip a museum and center
86.37 for American Indian history and
86.38 policy. In addition to the
86.39 appropriation in this subdivision, up
86.40 to $1,000,000 in nonstate money may be
86.41 added to this project.
86.42 (b) Northwest Technical College 5,000,000
86.43 (a) To design, construct, furnish, and
86.44 equip a technology laboratory building.
86.45 (b) The remaining money from the
86.46 appropriation in Laws 1998, chapter
86.47 404, section 3, subdivision 5, may be
86.48 used for predesign and design of the
86.49 project in paragraph (a), and predesign
86.50 of phase II.
86.51 (c) The board of trustees must not
86.52 convey the technical college to the
86.53 school district.
86.54 (d) The board of trustees shall advise
86.55 the chairs of the senate higher
86.56 education budget division and the house
86.57 higher education finance committee
86.58 before initiating predesign of phase II.
87.1 Sec. 79. Laws 2000, chapter 492, article 1, section 12,
87.2 subdivision 7, is amended to read:
87.3 Subd. 7. World War II Veterans Memorial 150,000
87.4 This appropriation is from the general
87.5 fund.
87.6 For design, architectural drawings, and
87.7 the start of construction for a World
87.8 War II veterans memorial on the state
87.9 capitol mall. The design is subject to
87.10 approval by the capitol area
87.11 architectural and planning board. The
87.12 commissioner of veterans affairs shall
87.13 convene an advisory group, including
87.14 members of veterans organizations to
87.15 review and make recommendations about
87.16 the design of the memorial. The
87.17 appropriation must be matched by an
87.18 equal amount from nonstate sources.
87.19 The commissioner may accept donations
87.20 from nonstate sources for purposes
87.21 stated in this subdivision.
87.22 Sec. 80. Laws 2000, chapter 492, article 1, section 15,
87.23 subdivision 4, is amended to read:
87.24 Subd. 4. Minnesota
87.25 Military Museum at Camp Ripley 125,000
87.26 To upgrade the electrical and lighting,
87.27 and heating, ventilation, and air
87.28 conditioning systems in the main
87.29 building of the Minnesota military
87.30 museum, to design and, construct,
87.31 furnish, and equip, including permanent
87.32 display cases, an addition to the
87.33 museum, and to insulate a heating
87.34 system in building I-40. The adjutant
87.35 general may enter into a lease or
87.36 management agreement for the museum,
87.37 subject to Minnesota Statutes, section
87.38 16A.695.
87.39 Sec. 81. Laws 2000, chapter 492, article 1, section 22,
87.40 subdivision 3, as amended by Laws 2000, chapter 499, section 15,
87.41 which amendment was reenacted in Laws 2001, First Special
87.42 Session chapter 12, section 15, is amended to read:
87.43 Subd. 3. Wastewater Infrastructure
87.44 Funding Program 18,319,000
87.45 $6,309,000 $4,309,000 of this
87.46 appropriation is from the general fund
87.47 of which $319,000 is to administer the
87.48 wastewater infrastructure fund program.
87.49 To the public facilities authority for
87.50 grants to eligible municipalities under
87.51 the wastewater infrastructure program
87.52 established in Minnesota Statutes,
87.53 section 446A.072.
87.54 To the greatest extent practical, the
87.55 authority should use the grants for
88.1 projects on the 2000 intended use plan
88.2 in priority order to qualified
88.3 applicants that submit plans and
88.4 specifications to the pollution control
88.5 agency or receive a funding commitment
88.6 from USDA rural development before
88.7 December 1, 2001. In determining
88.8 whether the penalty factor under
88.9 Minnesota Rules, part 7077.0196, should
88.10 be applied to a project, the pollution
88.11 control agency shall, beginning with
88.12 the 2001 Intended Use Plan and Project
88.13 Priority list, first assess the impact
88.14 of the new or expanded discharge
88.15 compared to the impact of the
88.16 preexisting conditions and to the
88.17 impact of alternative discharge
88.18 locations. If the agency determines
88.19 that the new or expanded discharge is
88.20 to a less environmentally sensitive
88.21 area or that it is the preferable
88.22 location for the discharge compared to
88.23 the alternatives, the agency shall not
88.24 apply the penalty factor to the
88.25 project. The pollution control agency
88.26 shall include as a factor in
88.27 prioritizing projects whether a project
88.28 is a multijurisdictional project
88.29 connecting areas with failing onsite
88.30 treatment systems with an existing or
88.31 regional wastewater treatment system.
88.32 The authority shall set aside up to
88.33 $400,000 for the Innovative Technology
88.34 Grants Program to provide 50 percent
88.35 reimbursement for the cost of equipment
88.36 and installation into an existing
88.37 municipal wastewater treatment system.
88.38 The project must be approved by the
88.39 pollution control agency and
88.40 demonstrate the application of existing
88.41 technology that has not been used
88.42 before in the treatment of municipal
88.43 wastewater, but has the potential to
88.44 improve the treatment of wastewater or
88.45 make the treatment process more cost
88.46 effective.
88.47 Beginning with the 2001 intended use
88.48 plan, the pollution control agency
88.49 shall include whether a community has a
88.50 moratorium on development as a factor
88.51 in prioritizing projects. The agency
88.52 shall adopt rules implementing the
88.53 provisions of this paragraph under
88.54 Minnesota Statutes, section 14.389.
88.55 Sec. 82. Laws 2000, chapter 492, article 1, section 22,
88.56 subdivision 4, is amended to read:
88.57 Subd. 4. Clean Water Partnership 2,000,000
88.58 For deposit in the water pollution
88.59 control fund under Minnesota Statutes,
88.60 section 446A.07, for the clean water
88.61 partnership loan program under
88.62 Minnesota Statutes, section
88.63 103F.725. This appropriation is from
88.64 the general fund.
89.1 Sec. 83. Laws 2000, chapter 492, article 1, section 27, is
89.2 amended to read:
89.3 Sec. 27. [CANCELLATIONS AND TRANSFERS.]
89.4 (a) The $734,000 appropriation in Laws 1994, chapter 643,
89.5 section 18, for the design of the labor interpretive center is
89.6 canceled. The bond sale authorization in Laws 1994, chapter
89.7 643, section 31, subdivision 1, is reduced by $734,000.
89.8 (b) The $1,100,000 appropriation in Laws 1994, chapter 643,
89.9 section 19, subdivision 9, as amended by Laws 1995, chapter 224,
89.10 section 124, and Laws 1997, chapter 183, article 3, section 30,
89.11 for the American Indian history center at Bemidji state
89.12 university is canceled. The bond sale authorization in Laws
89.13 1994, chapter 643, section 31, subdivision 1, is reduced by
89.14 $1,100,000.
89.15 (c) $130,000 of the appropriation in Laws 1994, chapter
89.16 643, section 23, for dam improvements is canceled. The bond
89.17 sale authorization in Laws 1994, chapter 643, section 31,
89.18 subdivision 1, is reduced by $130,000.
89.19 (d) $383,000 of the appropriation in Laws 1996, chapter
89.20 463, section 13, subdivision 9, for a support services facility
89.21 near the corner of Mississippi Street and University Avenue is
89.22 canceled. The bond sale authorization in Laws 1996, chapter
89.23 463, section 27, subdivision 1, is reduced by $383,000.
89.24 (e) The unobligated balance of the appropriation in Laws
89.25 1996, chapter 463, section 15, subdivision 4, for an armory
89.26 facility and ramp near the corner of Rice Street and University
89.27 Avenue, estimated to be $197,000, is canceled to the general
89.28 fund.
89.29 (f) $1,355,000 of the appropriation in Laws 1996, chapter
89.30 463, section 16, subdivision 5, for the Brainerd bed expansion
89.31 project is canceled. The bond sale authorization in Laws 1996,
89.32 chapter 463, section 27, subdivision 1, is reduced by $1,355,000.
89.33 (g) The $500,000 appropriation in Laws 1996, chapter 463,
89.34 section 22, subdivision 7, for the Battle Point historic site is
89.35 canceled. The bond sale authorization in Laws 1996, chapter
89.36 463, section 27, subdivision 1, is reduced by $500,000.
90.1 (h) $10,000,000 of the appropriation in Laws 1997, Second
90.2 Special Session chapter 2, section 2, for public safety disaster
90.3 assistance funds is canceled. The bond sale authorization in
90.4 Laws 1997, Second Special Session chapter 2, section 12, is
90.5 reduced by $10,000,000.
90.6 (i) $5,800,000 of the appropriation in Laws 1998, chapter
90.7 404, section 13, subdivision 5, for the Minnesota labor
90.8 interpretive center is canceled to the general fund.
90.9 (j) $1,893,000 of the appropriation in Laws 1998, chapter
90.10 404, section 5, subdivision 5, for the Southwest Metropolitan
90.11 Integration Magnet School in Edina is canceled to the general
90.12 fund.
90.13 (k) The $800,000 appropriation in Laws 1998, chapter 404,
90.14 section 15, subdivision 5, for a tennis facility in the city of
90.15 St. Paul is canceled to the general fund.
90.16 (l) The $1,700,000 appropriation in Laws 1998 1999, chapter
90.17 404 240, article 2, section 22 11, for the Battle Point cultural
90.18 education center is canceled. The bond sale authorization in
90.19 Laws 1998 1999, chapter 404 240, article 2, section 27 16,
90.20 subdivision 1, is reduced by $1,700,000.
90.21 (m) The balance of the appropriation in Laws 1998 1999,
90.22 chapter 404 240, article 2, section 23 12, subdivision 11 5,
90.23 for the St. Cloud community events center is transferred to the
90.24 board of trustees of the Minnesota state colleges and
90.25 universities to construct a new athletic facility on the south
90.26 side of the existing St. Cloud State University campus. The
90.27 balance of the bond sale authorization in Laws 1998 1999,
90.28 chapter 404 240, article 2, section 27 16, subdivision 1,
90.29 attributable to the events center project is to provide the
90.30 money for the athletic facility project.
90.31 (n) $1,000,000 of the appropriation in Laws 1998 1999,
90.32 chapter 404 240, article 2, section 23 12, subdivision 24
90.33 14, for the Minnesota African-American Performing Arts Center is
90.34 canceled. The bond sale authorization in Laws 1998 1999,
90.35 chapter 404 240, article 2, section 27 16, subdivision 1, is
90.36 reduced by $1,000,000.
91.1 (o) The $4,000,000 appropriation in Laws 1999, chapter 240,
91.2 article 1, section 3, for the Southwest Metropolitan Integration
91.3 Magnet School in Edina is canceled. The bond sale authorization
91.4 in Laws 1999, chapter 240, article 1, section 13, is reduced by
91.5 $4,000,000.
91.6 (p) $321,000 of the unobligated balance of the
91.7 appropriation in Laws 1999, chapter 250, article 1, section 12,
91.8 subdivision 5, to demolish the capitol square building and
91.9 restructure the site as a temporary parking lot is canceled to
91.10 the general fund.
91.11 [EFFECTIVE DATE.] This section is effective retroactively
91.12 to May 16, 2000.
91.13 Sec. 84. Laws 2001, First Special Session chapter 12,
91.14 section 10, is amended to read:
91.15 Sec. 10. BOND SALE SCHEDULE
91.16 The commissioner of finance shall
91.17 schedule the sale of state general
91.18 obligation bonds so that, during the
91.19 biennium ending June 30, 2003, no more
91.20 than $629,739,000 $622,260,000 will
91.21 need to be transferred from the general
91.22 fund to the state bond fund to pay
91.23 principal and interest due and to
91.24 become due on outstanding state general
91.25 obligation bonds. During the biennium,
91.26 before each sale of state general
91.27 obligation bonds, the commissioner of
91.28 finance shall calculate the amount of
91.29 debt service payments needed on bonds
91.30 previously issued and shall estimate
91.31 the amount of debt service payments
91.32 that will be needed on the bonds
91.33 scheduled to be sold. The commissioner
91.34 shall adjust the amount of bonds
91.35 scheduled to be sold so as to remain
91.36 within the limit set by this section.
91.37 The amount needed to make the debt
91.38 service payments is appropriated from
91.39 the general fund as provided in
91.40 Minnesota Statutes, section 16A.641.
91.41 Sec. 85. [DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.]
91.42 Subdivision 1. [DEFINITION.] For purposes of this section,
91.43 "Dan Patch commuter rail line" means the commuter rail line
91.44 between Northfield and Minneapolis identified in the
91.45 metropolitan council's transit 2020 master plan as the Dan Patch
91.46 line.
91.47 Subd. 2. [METROPOLITAN COUNCIL; PROHIBITIONS.] The
91.48 metropolitan council must not take any action or spend any money
92.1 for study, planning, preliminary engineering, final design, or
92.2 construction for the Dan Patch commuter rail line. The council
92.3 must remove all references, other than references for historical
92.4 purposes, to the Dan Patch commuter rail line from any future
92.5 revisions to the council's transportation development guide and
92.6 the council's regional transit master plan.
92.7 Subd. 3. [COMMISSIONER OF TRANSPORTATION.] The
92.8 commissioner of transportation must not expend any money for
92.9 study, planning, preliminary engineering, final design, or
92.10 construction for the Dan Patch commuter rail line. The
92.11 commissioner must remove all references, other than references
92.12 for historical purposes, to the Dan Patch commuter rail line
92.13 from any future revisions to the state transportation plan and
92.14 the commissioner's commuter rail system plan.
92.15 Subd. 4. [REGIONAL RAIL AUTHORITIES.] No regional rail
92.16 authority may expend any money for study, planning, preliminary
92.17 engineering, final design, or construction for the Dan Patch
92.18 commuter rail line.
92.19 Sec. 86. [DM&E; WORKING GROUP.]
92.20 Subdivision 1. [MEMBERSHIP.] The commissioner of
92.21 transportation or the commissioner's designee shall convene a
92.22 multiagency working group on DM&E rail project mitigation,
92.23 consisting of the commissioners of public safety, the pollution
92.24 control agency, trade and economic development, and
92.25 transportation; and director of Minnesota planning; or their
92.26 designees. The director of Minnesota planning or the director's
92.27 designee shall serve as chair of the working group.
92.28 Subd. 2. [TASKS.] The working group shall:
92.29 (1) evaluate the economic effects of the DM&E rail
92.30 expansion project in southern Minnesota on each local unit of
92.31 government impacted by the project, including costs related to
92.32 noise mitigation costs, right-of-way acquisition, and
92.33 rail-highway grade crossing protection and upgrade;
92.34 (2) determine the availability of federal assistance and
92.35 other resources available to such local units of government for
92.36 mitigation costs, including the timing of the assistance and
93.1 resources;
93.2 (3) involve local units of government in issues discussed
93.3 by the working group; and
93.4 (4) determine what direct and indirect costs are likely to
93.5 accrue to private property owners as a result of the project
93.6 including, but not limited to, costs for mitigation,
93.7 right-of-way acquisitions, and crossing safety.
93.8 Subd. 3. [REPORTS.] The working group shall present an
93.9 interim report to the legislature by January 15, 2003, and a
93.10 final report to the legislature no later than January 15, 2004.
93.11 Sec. 87. [EXEMPTION FROM MORATORIUM.]
93.12 Notwithstanding Laws 2002, chapter 220, article 10, section
93.13 37, projects authorized in this act, Laws 2001, First Special
93.14 Session chapter 12, Laws 2000, chapter 492, and Laws 1999,
93.15 chapter 240, are exempt from any moratorium on professional or
93.16 technical contracts, as defined in Minnesota Statutes, section
93.17 16C.08, subdivision 1.
93.18 Sec. 88. [STATE BUILDING SALE TO COUNTY.]
93.19 Subdivision 1. [AUTHORIZED.] (a) Notwithstanding Minnesota
93.20 Statutes, section 16A.695 and chapter 94 or other law,
93.21 administrative rule, or commissioner's order to the contrary,
93.22 the state of Minnesota by and through its department of
93.23 administration, shall at the request of the St. Louis county
93.24 board of commissioners, sell and convey to St. Louis county by
93.25 July 31, 2002, for a consideration in the amount of $3,052,700
93.26 certain real property known as the government services center
93.27 and parking ramp legally described as: lots 50, 52, 54, 56, 58,
93.28 60, 62, 64, Duluth proper first division, West Second Street.
93.29 (b) The conveyance must be in a form approved by the
93.30 attorney general.
93.31 (c) $450,000 of the proceeds from the sale must be
93.32 deposited in the department of administration's asset
93.33 preservation account to reimburse the department of
93.34 administration for costs related to the recent installation of a
93.35 chiller at the Duluth Government Services Center. A portion of
93.36 the proceeds from the sale equal in amount to the survey,
94.1 appraisal, legal, advertising, and other related expenses
94.2 incurred by the commissioner of administration or other state
94.3 official rendering the property saleable shall be remitted to
94.4 the account from which the expenses were paid, and are
94.5 appropriated and immediately available for expenditure in the
94.6 same manner as other money in the account. The remaining
94.7 balance from the proceeds of the sale must be deposited in the
94.8 general fund.
94.9 Subd. 2. [RIGHTS, OBLIGATIONS.] The existing leases
94.10 between the state of Minnesota and St. Louis county of the real
94.11 property described in subdivision 1 are merged into the fee
94.12 ownership with this conveyance. All other leases with their
94.13 current terms and conditions concerning the real property must
94.14 be assigned to St. Louis county.
94.15 Subd. 3. [STATE LEASES.] (a) For a period of at least ten
94.16 years following sale of the real property described in
94.17 subdivision 1, St. Louis county must allow the state of
94.18 Minnesota to lease the space occupied by the state of Minnesota
94.19 at the time of the sale at the state's current lease rate with
94.20 annual adjustments for operational cost increases, which cost
94.21 must not include any capital improvement costs.
94.22 (b) The lease must be in a form approved by the attorney
94.23 general.
94.24 Sec. 89. [REPORT TO LEGISLATURE.]
94.25 Hennepin county must report to the legislature after the
94.26 completion of the Northwest busway but no later than June 1,
94.27 2007, on its evaluation of the effectiveness of the design-build
94.28 process.
94.29 Sec. 90. [CORRECTION.] 2002 H.F. No. 3270, article 11, if
94.30 enacted, is amended to read:
94.31 ARTICLE 11
94.32 GENERAL FUND CONVERSION TO BOND FUNDS
94.33 Section 1. [INTENT.]
94.34 This article intends to return to the unreserved general
94.35 fund $75,043,000 by changing the fund source of the projects
94.36 listed in this article in the amounts shown in sections 2 to 14,
95.1 by decreasing the appropriation from the general fund and by
95.2 appropriating an equal amount from the aggregate of the bond
95.3 proceeds fund and the transportation fund. This action changes
95.4 the designation of the fund sources made under the cumulative
95.5 effect of Laws 1998, chapter 404; Laws 1999, chapter 250; and
95.6 Laws 2000, chapters 479 and 492. This article also makes a new
95.7 appropriation of $77,000 from the bond proceeds fund for bond
95.8 sale expenses in connection with the bonds authorized in this
95.9 article.
95.10 Sec. 2. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
95.11 The sums in the column under "APPROPRIATIONS" are
95.12 appropriated from the bond proceeds fund or other named fund to
95.13 the state agencies or officials indicated, to be spent for
95.14 public purposes, including to acquire and to better public land
95.15 and buildings and other public improvements of a capital nature,
95.16 as specified in this article.
95.17 SUMMARY
95.18 UNIVERSITY OF MINNESOTA $ 500,000
95.19 CHILDREN, FAMILIES, AND LEARNING 500,000
95.20 300,000
95.21 NATURAL RESOURCES 6,973,000
95.22 WATER AND SOIL RESOURCES BOARD 300,000
95.23 ADMINISTRATION 43,350,000
95.24 45,550,000
95.25 CAPITOL AREA ARCHITECTURAL AND
95.26 PLANNING BOARD 250,000
95.27 AMATEUR SPORTS COMMISSION 690,000
95.28 TRANSPORTATION 13,590,000
95.29 HUMAN SERVICES 1,500,000
95.30 CORRECTIONS 250,000
95.31 TRADE AND ECONOMIC DEVELOPMENT 5,590,000
95.32 3,590,000
95.33 MINNESOTA HISTORICAL SOCIETY 1,550,000
95.34 BOND SALE EXPENSES 77,000
95.35 TOTAL $ 75,120,000
95.36 Bond Proceeds Fund 61,530,000
96.1 Transportation Fund 13,590,000
96.2 APPROPRIATIONS
96.3 $
96.4 Sec. 3. UNIVERSITY OF MINNESOTA 500,000
96.5 To the board of regents of the
96.6 University of Minnesota for 1998 Higher
96.7 Education Asset Preservation and
96.8 Replacement.
96.9 Sec. 4. CHILDREN, FAMILIES, AND LEARNING 500,000
96.10 300,000
96.11 To the commissioner of children,
96.12 families, and learning for 1998 Early
96.13 Childhood Learning Facilities.
96.14 Sec. 5. NATURAL RESOURCES
96.15 Subdivision 1. To the commissioner
96.16 of natural resources for the purposes
96.17 specified in this section 6,973,000
96.18 Subd. 2. 1998 Park Building Rehabilitation 500,000
96.19 Subd. 3. 1998 Park Betterment
96.20 and Rehabilitation 500,000
96.21 Subd. 4. 1998 Forest Roads and Bridges 750,000
96.22 Subd. 5. 1998 Metro Greenways Acquisition 2,000,000
96.23 Subd. 6. Safe Harbors Program 3,223,000
96.24 Sec. 6. BOARD OF WATER AND
96.25 SOIL RESOURCES 300,000
96.26 To the board of water and soil
96.27 resources for local road replacement.
96.28 Sec. 7. ADMINISTRATION
96.29 Subdivision 1. To the commissioner of
96.30 administration for the purposes specified
96.31 in this section 45,350,000
96.32 45,550,000
96.33 Subd. 2. 2000 Asset Preservation 350,000
96.34 Subd. 3. 2000 Bureau of Criminal
96.35 Apprehension Facility 40,000,000
96.36 42,700,000
96.37 Subd. 4. 2000 Property Acquisition 450,000
96.38 Subd. 5. 1998 Asset Preservation 1,250,000
96.39 750,000
96.40 Subd. 6. 1998 Real Property Acquisition 1,000,000
96.41 Subd. 7. 1998 BCA Land Acquisition 300,000
96.42 Sec. 8. CAPITOL AREA ARCHITECTURAL
96.43 AND PLANNING BOARD 250,000
97.1 To the commissioner of administration
97.2 for the HHH Memorial.
97.3 Sec. 9. AMATEUR SPORTS COMMISSION 690,000
97.4 To the amateur sports commission for
97.5 the Giants Ridge Facility.
97.6 Sec. 10. TRANSPORTATION
97.7 Subdivision 1. To the commissioner of
97.8 transportation for the purposes specified
97.9 in this section 13,590,000
97.10 This appropriation is from the
97.11 transportation fund.
97.12 Subd. 2. 2000 County and Local Bridges 13,000,000
97.13 Subd. 3. 1998 CSAH Highway 90 590,000
97.14 Sec. 11. HUMAN SERVICES 1,500,000
97.15 To the commissioner of administration
97.16 for 1998 Asset Preservation.
97.17 Sec. 12. CORRECTIONS 250,000
97.18 To the commissioner of administration
97.19 for 1998 Asset Preservation.
97.20 Sec. 13. TRADE AND ECONOMIC DEVELOPMENT 5,590,000
97.21 3,590,000
97.22 To the commissioner of trade and
97.23 economic development for 2000
97.24 Wastewater Infrastructure.
97.25 Sec. 14. MINNESOTA HISTORICAL SOCIETY
97.26 Subdivision 1. To the Minnesota
97.27 historical society for the purposes
97.28 specified in this section 1,550,000
97.29 Subd. 2. 1998 Historic Site
97.30 Preservation and Repair 850,000
97.31 Subd. 3. Split Rock Lighthouse 700,000
97.32 Sec. 15. BOND SALE EXPENSES 77,000
97.33 To the commissioner of finance for
97.34 bond sale expenses under Minnesota
97.35 Statutes, section 16A.641, subdivision 8.
97.36 Sec. 16. [IDENTICAL PROJECTS.]
97.37 The purpose and use of appropriations in this article are
97.38 for the same purpose and use and for identical projects as
97.39 authorized in Laws 1998, chapter 404; Laws 1999, chapter 250;
97.40 and Laws 2000, chapters 479 and 492. Except for the fund source
97.41 of unspent parts of the appropriations listed in this article,
97.42 this article does not change or limit the purpose and use of the
98.1 appropriations and related requirements in Laws 1998, chapter
98.2 404; Laws 1999, chapter 250; and Laws 2000, chapters 479 and 492.
98.3 Sec. 17. [BOND SALE AUTHORIZATIONS.]
98.4 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
98.5 appropriated in this article from the bond proceeds fund, the
98.6 commissioner of finance shall sell and issue bonds of the state
98.7 in an amount up to $61,530,000 in the manner, upon the terms,
98.8 and with the effect prescribed by Minnesota Statutes, sections
98.9 16A.631 to 16A.675, and by the Minnesota Constitution, article
98.10 XI, sections 4 to 7.
98.11 Subd. 2. [TRANSPORTATION FUND.] To provide the money
98.12 appropriated in this article from the transportation fund, the
98.13 commissioner of finance shall sell and issue bonds of the state
98.14 in an amount up to $13,590,000 in the manner, upon the terms,
98.15 and with the effect prescribed by Minnesota Statutes, sections
98.16 16A.631 to 16A.675, and by the Minnesota Constitution, article
98.17 XI, sections 4 to 7. The proceeds of the bonds, except accrued
98.18 interest and any premium received on the sale of the bonds, must
98.19 be credited to a bond proceeds account in the state
98.20 transportation fund.
98.21 Sec. 18. [CANCELLATION TO GENERAL FUND.]
98.22 Money appropriated from the general fund pursuant to 1998,
98.23 1999, and 2000 acts and not yet spent for the projects listed in
98.24 this article is canceled to the general fund in the amount shown
98.25 for each project.
98.26 Sec. 19. [EFFECTIVE DATE.]
98.27 This article is effective the day following final enactment.
98.28 Sec. 91. [REPEALER.]
98.29 Minnesota Statutes 2000, sections 116J.561, 116J.562,
98.30 116J.563, 116J.564, 116J.565, 116J.566, 116J.567, and 446A.072,
98.31 subdivisions 2, 4, 5, 10, and 13, are repealed.
98.32 Sec. 92. [EFFECTIVE DATE; LOCAL APPROVAL.]
98.33 New Minnesota Statutes, sections 383B.158 to 383B.1586 are
98.34 effective the day after the governing body of Hennepin county
98.35 and its chief clerical officer timely complete their compliance
98.36 with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
99.1 Sec. 93. [EFFECTIVE DATE.]
99.2 Except as otherwise provided in this act, this act is
99.3 effective the day following final enactment."
99.4 Delete the title and insert:
99.5 "A bill for an act
99.6 relating to capital improvements; authorizing spending
99.7 to acquire and better public land and buildings and
99.8 other public improvements of a capital nature with
99.9 certain conditions; requiring certain studies and
99.10 reports; authorizing sale of state bonds; canceling
99.11 earlier appropriations and reducing earlier bond
99.12 authorizations; making technical corrections and
99.13 clarifications; making changes to statutes related to
99.14 administration of the state's capital improvement
99.15 program; requiring an inventory of state-owned land;
99.16 clarifying that the commissioner of administration
99.17 does not have authority over construction plans and
99.18 specifications at the University of Minnesota;
99.19 authorizing the design-build method for certain
99.20 construction projects; establishing the greater
99.21 Minnesota business development public infrastructure
99.22 grant program; creating a trunk highway corridor
99.23 projects account; changing the wastewater
99.24 infrastructure funding program; authorizing an
99.25 agreement in connection with the Great River Road
99.26 project; prohibiting certain actions in connection
99.27 with the Dan Patch commuter rail line; authorizing a
99.28 multiagency working group on the DM&E rail project
99.29 mitigations; providing for the conversion of certain
99.30 general fund expenditures to bond fund expenditures;
99.31 establishing a shoreland protection program; requiring
99.32 a report; appropriating money; amending Minnesota
99.33 Statutes 2000, sections 16A.11, subdivision 6;
99.34 16A.501; 16A.632, subdivision 2; 16A.86, subdivision
99.35 3; 16B.31, subdivision 1; 16B.33, by adding a
99.36 subdivision; 16B.335, subdivision 3; 85.019,
99.37 subdivisions 4a, 4c; 103F.205, subdivision 1; 134.45,
99.38 subdivision 5; 135A.046, subdivision 2; 136F.60,
99.39 subdivision 1; 240A.02, subdivision 1; 446A.07,
99.40 subdivision 4; 446A.072, subdivisions 1, 3, 6, 7, 8,
99.41 9, 11, 12, by adding subdivisions; 446A.12,
99.42 subdivision 1; Laws 1987, chapter 400, section 8,
99.43 subdivision 5; Laws 2000, chapter 492, article 1,
99.44 section 3, subdivision 5; Laws 2000, chapter 492,
99.45 article 1, section 12, subdivision 7; Laws 2000,
99.46 chapter 492, article 1, section 15, subdivision 4;
99.47 Laws 2000, chapter 492, article 1, section 22,
99.48 subdivision 3, as amended; Laws 2000, chapter 492,
99.49 article 1, section 22, subdivision 4; Laws 2000,
99.50 chapter 492, article 1, section 27; Laws 2001, First
99.51 Special Session chapter 12, section 10; 2002 H.F. No.
99.52 3270, article 11, if enacted; proposing coding for new
99.53 law in Minnesota Statutes, chapters 16B; 16C; 103F;
99.54 116J; 174; 383B; repealing Minnesota Statutes 2000,
99.55 sections 116J.561, 116J.562, 116J.563, 116J.564,
99.56 116J.565, 116J.566, 116J.567, 446A.072, subdivisions
99.57 2, 4, 5, 10, 13."
100.1 We request adoption of this report and repassage of the
100.2 bill.
100.5 House Conferees:
100.8 ......................... .........................
100.9 Jim Knoblach Tom Osthoff
100.12 ......................... .........................
100.13 Dave Bishop Dan McElroy
100.16 .........................
100.17 James T. Clark
100.22 Senate Conferees:
100.25 ......................... .........................
100.26 Keith Langseth Don Samuelson
100.29 ......................... .........................
100.30 Deanna L. Wiener Cal Larson
100.33 .........................
100.34 Richard J. Cohen