5th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to capital improvements; authorizing spending 1.3 to acquire and better public land and buildings and 1.4 other public improvements of a capital nature with 1.5 certain conditions; requiring certain studies and 1.6 reports; authorizing sale of state bonds; canceling 1.7 earlier appropriations and reducing earlier bond 1.8 authorizations; making technical corrections and 1.9 clarifications; making changes to statutes related to 1.10 administration of the state's capital improvement 1.11 program; requiring an inventory of state-owned land; 1.12 clarifying that the commissioner of administration 1.13 does not have authority over construction plans and 1.14 specifications at the University of Minnesota; 1.15 authorizing the design-build method for certain 1.16 construction projects; establishing the greater 1.17 Minnesota business development public infrastructure 1.18 grant program; creating a trunk highway corridor 1.19 projects account; changing the wastewater 1.20 infrastructure funding program; authorizing an 1.21 agreement in connection with the Great River Road 1.22 project; prohibiting certain actions in connection 1.23 with the Dan Patch commuter rail line; authorizing a 1.24 multiagency working group on the DM&E rail project 1.25 mitigations; providing for the conversion of certain 1.26 general fund expenditures to bond fund expenditures; 1.27 establishing a shoreland protection program; requiring 1.28 a report; appropriating money; amending Minnesota 1.29 Statutes 2000, sections 16A.11, subdivision 6; 1.30 16A.501; 16A.632, subdivision 2; 16A.86, subdivision 1.31 3; 16B.31, subdivision 1; 16B.33, by adding a 1.32 subdivision; 16B.335, subdivision 3; 85.019, 1.33 subdivisions 4a, 4c; 103F.205, subdivision 1; 134.45, 1.34 subdivision 5; 135A.046, subdivision 2; 136F.60, 1.35 subdivision 1; 240A.02, subdivision 1; 446A.07, 1.36 subdivision 4; 446A.072, subdivisions 1, 3, 6, 7, 8, 1.37 9, 11, 12, by adding subdivisions; 446A.12, 1.38 subdivision 1; Laws 1987, chapter 400, section 8, 1.39 subdivision 5; Laws 2000, chapter 492, article 1, 1.40 section 3, subdivision 5; Laws 2000, chapter 492, 1.41 article 1, section 12, subdivision 7; Laws 2000, 1.42 chapter 492, article 1, section 15, subdivision 4; 1.43 Laws 2000, chapter 492, article 1, section 22, 1.44 subdivision 3, as amended; Laws 2000, chapter 492, 1.45 article 1, section 22, subdivision 4; Laws 2000, 1.46 chapter 492, article 1, section 27; Laws 2001, First 2.1 Special Session chapter 12, section 10; 2002 H.F. No. 2.2 3270, article 11, if enacted; proposing coding for new 2.3 law in Minnesota Statutes, chapters 16B; 16C; 103F; 2.4 116J; 174; 383B; repealing Minnesota Statutes 2000, 2.5 sections 116J.561, 116J.562, 116J.563, 116J.564, 2.6 116J.565, 116J.566, 116J.567, 446A.072, subdivisions 2.7 2, 4, 5, 10, 13. 2.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 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 2.38 MILITARY AFFAIRS 4,357,000 2.39 TRANSPORTATION 92,500,000 3.1 METROPOLITAN COUNCIL 30,500,000 3.2 COMMERCE 5,000,000 3.3 HEALTH 775,000 3.4 HUMAN SERVICES 22,838,000 3.5 VETERANS HOMES BOARD 12,898,000 3.6 CORRECTIONS 25,870,000 3.7 TRADE AND ECONOMIC DEVELOPMENT 84,650,000 3.8 IRON RANGE RESOURCES AND REHABILITATION BOARD 1,500,000 3.9 HOUSING FINANCE AGENCY 16,200,000 3.10 MINNESOTA HISTORICAL SOCIETY 3,967,000 3.11 BOND SALE EXPENSES 880,000 3.12 CANCELLATIONS (4,437,000) 3.13 TOTAL $ 979,144,000 3.14 Bond Proceeds Fund 3.15 (General Fund Debt Service) 836,085,000 3.16 Bond Proceeds Fund 3.17 (User Financed Debt Service) 96,550,000 3.18 General Fund 5,946,000 3.19 General Fund Cancellations (2,488,000) 3.20 Bond Proceeds Cancellations (1,949,000) 3.21 State Transportation Fund 3.22 Bond Proceeds Account 45,000,000 3.23 APPROPRIATIONS 3.24 $ 3.25 Sec. 2. UNIVERSITY OF MINNESOTA 3.26 Subdivision 1. To the board of regents 3.27 of the University of Minnesota for the 3.28 purposes specified in this section 160,209,000 3.29 Subd. 2. Higher Education Asset 3.30 Preservation and Replacement 35,000,000 3.31 To be spent in accordance with 3.32 Minnesota Statutes, section 135A.046. 3.33 The unspent portion of an 3.34 appropriation, but not to exceed ten 3.35 percent of the appropriation, for a 3.36 project in this section that is 3.37 complete, is available for higher 3.38 education asset preservation and 3.39 replacement under this subdivision, at 3.40 the same campus as the project for 3.41 which the original appropriation was 3.42 made and the debt service requirement 3.43 under subdivision 10 is reduced 3.44 accordingly. Minnesota Statutes, 3.45 section 16A.642, applies from the date 3.46 of the original appropriation to the 3.47 unspent amount transferred. 4.1 The board of regents must report by 4.2 February 1 each even-numbered year to 4.3 the chairs of the house and senate 4.4 committees with jurisdiction over 4.5 capital investments, and to the chairs 4.6 of the house ways and means committee 4.7 and the senate finance committee, any 4.8 project savings and reallocations for 4.9 higher education asset preservation and 4.10 replacement. 4.11 Subd. 3. Twin Cities - Minneapolis 4.12 (a) Jones Hall 8,000,000 4.13 To renovate Jones Hall on the 4.14 Minneapolis campus. 4.15 The board of regents may use the 4.16 single-phase design-build method 4.17 described in new Minnesota Statutes, 4.18 section 16C.30, subdivision 6, 4.19 paragraph (c), to implement this 4.20 project. 4.21 (b) Nicholson Hall 24,000,000 4.22 To design, renovate, furnish, and equip 4.23 Nicholson Hall, including complete 4.24 renovation of the original building and 4.25 demolition of the 1925 wing and 1946 4.26 auditorium. 4.27 The board of regents may use the 4.28 single-phase design-build method 4.29 described in new Minnesota Statutes, 4.30 section 16C.30, subdivision 6, 4.31 paragraph (c), to implement the 4.32 Nicholson Hall renovation project. 4.33 (c) Translational Research Facility 24,700,000 4.34 To design, construct, furnish, and 4.35 equip the Translational Research 4.36 Facility, an addition to the Lyons 4.37 Research Lab building on the 4.38 Minneapolis campus. 4.39 This appropriation is not available 4.40 until the commissioner of finance has 4.41 determined that at least $12,300,000 4.42 has been committed from nonstate 4.43 sources. 4.44 The board of regents may use the 4.45 two-phase design-build method described 4.46 in new Minnesota Statutes, section 4.47 16C.30, to implement this project. 4.48 (d) Teaching and Technology Center 3,000,000 4.49 To predesign and design a teaching and 4.50 technology center for the Institute of 4.51 Technology. 4.52 Subd. 4. Twin Cities - St. Paul 4.53 (a) Plant Growth Facilities - Phase 2 17,700,000 4.54 To complete design, construction, 4.55 furnishing, and equipping the 5.1 containment greenhouse, replace the 5.2 teaching and research greenhouses, 5.3 demolish the northwest greenhouses on 5.4 the St. Paul campus, and renovate the 5.5 remaining greenhouses to meet current 5.6 code requirements. 5.7 (b) Veterinary Diagnostic Laboratory 1,500,000 5.8 To renovate and upgrade the veterinary 5.9 diagnostic laboratory to provide 5.10 additional laboratory space for a 5.11 veterinary molecular diagnostic 5.12 laboratory. The renovation and upgrade 5.13 must include space for molecular 5.14 diagnostic testing for paratuberculosis 5.15 (Johne's disease), porcine reproductive 5.16 and respiratory syndrome virus in 5.17 swine, avian pneumovirus in turkeys, 5.18 bovine mastitis, and emerging and 5.19 foreign animal diseases. 5.20 Subd. 5. Crookston 5.21 Replace Bede Hall 7,701,000 5.22 To demolish Bede Hall and to design, 5.23 construct, furnish, and equip a 5.24 replacement facility. 5.25 Subd. 6. Duluth 5.26 Laboratory Science Building 25,500,000 5.27 To design, construct, furnish, and 5.28 equip a new laboratory science building 5.29 to meet the needs of the chemistry and 5.30 biology programs. 5.31 This appropriation is not available 5.32 until the commissioner of finance has 5.33 determined that at least $7,500,000 has 5.34 been committed from nonstate sources. 5.35 Subd. 7. Morris 8,600,000 5.36 To design, renovate, furnish, and equip 5.37 the social science building to correct 5.38 building code deficiencies, remodel the 5.39 interior, install new windows, upgrade 5.40 the building's mechanical and 5.41 electrical systems, replace the roof, 5.42 and construct an addition over the 5.43 existing auditorium wing to create 5.44 space for faculty offices, and to 5.45 install fire protection systems in 5.46 three student housing facilities. 5.47 This appropriation is not available 5.48 until the commissioner of finance has 5.49 determined that at least $400,000 has 5.50 been committed from nonstate sources. 5.51 Subd. 8. Classroom Improvements 2,000,000 5.52 To design, renovate, furnish, and equip 5.53 classrooms on all four University of 5.54 Minnesota campuses. Projects will 5.55 focus on installing basic technology 5.56 infrastructure, such as video 5.57 projection and Internet access, 6.1 improving disability access, and making 6.2 basic improvements to enhance the 6.3 classroom learning environment. 6.4 Priority must be given to high-use 6.5 undergraduate classrooms. 6.6 Subd. 9. Research and Outreach 6.7 Centers 2,508,000 6.8 To acquire land and design, construct, 6.9 furnish and equip facilities at 6.10 research and outreach centers. 6.11 Projects funded by this appropriation 6.12 include: 6.13 (1) research laboratory and office 6.14 space at the Northwest ROC at 6.15 Crookston; 6.16 (2) an addition to the aspen/larch 6.17 genetics laboratory at the North 6.18 Central ROC at Grand Rapids and 6.19 acquisition of land for the development 6.20 of two test planting sites to conduct 6.21 research on fast growing trees; 6.22 (3) an addition to the administration 6.23 building at the Southern ROC at Waseca; 6.24 and 6.25 (4) of this amount, $70,000 is to 6.26 construct an environmentally friendly 6.27 swine farrowing demonstration facility 6.28 at the West Central ROC, subject to 6.29 Minnesota Statutes, section 16A.695. 6.30 Subd. 10. Debt Service 6.31 (a) The board of regents shall pay the 6.32 debt service on one-third of the 6.33 principal amount of state bonds sold to 6.34 finance projects authorized by this 6.35 section, except for higher education 6.36 asset preservation and replacement, and 6.37 except that, where a nonstate match is 6.38 required, the debt service is due on a 6.39 principal amount equal to one-third of 6.40 the total project cost, less the match 6.41 committed before the bonds are sold. 6.42 After each sale of general obligation 6.43 bonds, the commissioner of finance 6.44 shall notify the board of regents of 6.45 the amounts assessed for each year for 6.46 the life of the bonds. 6.47 (b) The commissioner shall reduce the 6.48 board's assessment each year by 6.49 one-third of the net income from 6.50 investment of general obligation bond 6.51 proceeds in proportion to the amount of 6.52 principal and interest otherwise 6.53 required to be paid by the board. The 6.54 board shall pay its resulting net 6.55 assessment to the commissioner of 6.56 finance by December 1 each year. If 6.57 the board fails to make a payment when 6.58 due, the commissioner of finance shall 6.59 reduce allotments for appropriations 6.60 from the general fund otherwise 6.61 available to the board and apply the 6.62 amount of the reduction to cover the 7.1 missed debt service payment. The 7.2 commissioner of finance shall credit 7.3 the payments received from the board to 7.4 the bond debt service account in the 7.5 state bond fund each December 1 before 7.6 money is transferred from the general 7.7 fund under Minnesota Statutes, section 7.8 16A.641, subdivision 10. 7.9 Subd. 11. Contingencies 7.10 The commissioner of finance must 7.11 combine into one account, under the 7.12 control of the board of regents, the 7.13 portion of each appropriation in this 7.14 section that is attributable to the 7.15 amount budgeted for contingencies for 7.16 projects in this section. The board 7.17 must manage the account to pay for 7.18 exceptional but necessary costs of 7.19 projects authorized in this section. 7.20 Upon substantial completion or 7.21 abandonment of all projects authorized 7.22 in this section, the board must use any 7.23 funds remaining in the contingency 7.24 account for HEAPR under Minnesota 7.25 Statutes, section 135A.046. The board 7.26 of regents must report by February 1 of 7.27 each even-numbered year to the chairs 7.28 of the house and senate committees with 7.29 jurisdiction over capital investments, 7.30 and higher education finance, and to 7.31 the chairs of the house ways and means 7.32 committee and the senate finance 7.33 committee on how the money in the 7.34 contingency account has been allocated 7.35 or spent. 7.36 Subd. 12. Minnesota Goods and Services 7.37 The board of regents of the University 7.38 of Minnesota shall make a reasonable 7.39 attempt to give preference to 7.40 construction contractors who employ 7.41 Minnesota residents and to purchase 7.42 products manufactured in Minnesota for 7.43 use in construction projects undertaken 7.44 through a design-build process. 7.45 Sec. 3. MINNESOTA STATE COLLEGES AND 7.46 UNIVERSITIES 7.47 Subdivision 1. To the board of trustees 7.48 of the Minnesota state colleges and 7.49 universities for the purposes specified in 7.50 this section 209,563,000 7.51 Subd. 2. Higher Education Asset 7.52 Preservation and Replacement 60,000,000 7.53 (a) This appropriation is for the 7.54 purposes specified in Minnesota 7.55 Statutes, section 135A.046, including 7.56 safety and statutory compliance, 7.57 envelope integrity, mechanical systems, 7.58 and space restoration. 7.59 (b) The unspent portion of an 7.60 appropriation, but not to exceed ten 7.61 percent of the appropriation, for a 7.62 project in this section that is 8.1 complete, is available for higher 8.2 education asset preservation and 8.3 replacement under this subdivision, at 8.4 the same campus as the project for 8.5 which the original appropriation was 8.6 made and the debt service requirement 8.7 under subdivision 29 is reduced 8.8 accordingly. Minnesota Statutes, 8.9 section 16A.642, applies from the date 8.10 of the original appropriation to the 8.11 unspent amount transferred. 8.12 Subd. 3. Alexandria Technical College 9,150,000 8.13 To construct, furnish, and equip a 8.14 smart classroom and computer laboratory 8.15 building, including an auditorium, 8.16 connected to the college's office 8.17 education building. 8.18 Subd. 4. Bemidji State University 1,000,000 8.19 To design the colocation of the 8.20 emerging technologies and health care 8.21 programs of Bemidji state university 8.22 and Northwest technical college. 8.23 Subd. 5. Century Community and 8.24 Technical College 2,500,000 8.25 To purchase the transition wing of 8.26 intermediate school district No. 916 8.27 and design renovation of space for 8.28 expansion of the computer center, 8.29 offices, and smart classrooms. 8.30 Subd. 6. Dakota Technical College 500,000 8.31 To design the renovation of the west 8.32 side of the main campus facility to 8.33 create an information technology and 8.34 telecommunications center of excellence 8.35 and an integrated library and library 8.36 information technology center. 8.37 Subd. 7. Fergus Falls 8.38 Community College 760,000 8.39 To design, construct, furnish, and 8.40 equip an expansion of the existing 8.41 maintenance shop. 8.42 To design an addition to link 8.43 Administration and Fine Arts to provide 8.44 a one-stop student service shop, smart 8.45 classrooms, open computer laboratories; 8.46 design renovation to provide space for 8.47 technology support next to the library; 8.48 and design asset preservation work. 8.49 Subd. 8. Hennepin Technical College 2,000,000 8.50 To design, renovate, furnish, and equip 8.51 existing space at the Brooklyn Park and 8.52 Eden Prairie campuses. 8.53 Subd. 9. Inver Hills Community 8.54 College 500,000 8.55 To design renovation of existing space 8.56 and construction of an addition to 9.1 create a one-stop student services 9.2 shop; enlarge and colocate central 9.3 services, the bookstore, and a new 9.4 loading dock; upgrade mechanical 9.5 systems; and provide a welcoming front 9.6 door and help desk for the campus. 9.7 Subd. 10. Lake Superior Community 9.8 and Technical College 700,000 9.9 To design a student center addition to 9.10 house a consolidated system of student 9.11 services, smart classrooms, and open 9.12 laboratories. 9.13 Subd. 11. Metropolitan State 9.14 University 17,442,000 9.15 To construct, furnish, and equip a 9.16 library and information access center. 9.17 This appropriation is not available 9.18 until the commissioner of finance has 9.19 determined that at least $2,504,000 has 9.20 been committed from nonstate sources. 9.21 Subd. 12. Minneapolis Community 9.22 and Technical College 9,000,000 9.23 To design, renovate, furnish, and equip 9.24 the former technical college buildings 9.25 and to provide space to begin to 9.26 colocate Metropolitan State University 9.27 classrooms, offices, and student 9.28 service areas. 9.29 Subd. 13. Minnesota State University - 9.30 Mankato - Phase 3 8,400,000 9.31 To renovate, furnish, and equip Otto 9.32 Arena and adjacent areas to provide a 9.33 student fitness facility. 9.34 Subd. 14. Minnesota West Community and 9.35 Technical College at Worthington 6,300,000 9.36 To design, construct, furnish, and 9.37 equip a one-stop student services shop 9.38 and welcome counter addition. 9.39 To design, renovate, furnish, and equip 9.40 two science laboratories and associated 9.41 preparation, storage, and office spaces. 9.42 To design, renovate, furnish, and equip 9.43 consolidated nursing and allied health 9.44 department and other classroom spaces. 9.45 Subd. 15. Minnesota State University - 9.46 Moorhead 18,955,000 9.47 To construct, furnish, and equip a new 9.48 science laboratory and auditorium 9.49 addition to Hagen Hall. 9.50 Subd. 16. Normandale Community 9.51 College 9,900,000 9.52 To design, renovate, furnish, and equip 9.53 the vacated science laboratories. 10.1 Subd. 17. Northeast Higher Education 10.2 District - Virginia 5,496,000 10.3 To design, renovate, and equip science 10.4 laboratories, a learning resource 10.5 center, a student commons, and 10.6 classrooms, including technology 10.7 equipped classrooms, and construct new 10.8 loading dock and driveway. 10.9 Subd. 18. Northwest Technical College - 10.10 Moorhead Campus 400,000 10.11 To design the renovation of existing 10.12 facilities and design new facilities 10.13 for an allied health and applied 10.14 technology laboratory and support 10.15 facilities. 10.16 Subd. 19. Ridgewater Community and 10.17 Technical College 2,880,000 10.18 To design, renovate, furnish, and equip 10.19 existing chemistry, physics, and 10.20 biology laboratories and convert a 10.21 classroom into a geology laboratory on 10.22 the Willmar campus. 10.23 To design, renovate, furnish, and equip 10.24 interior space to convert obsolete 10.25 applied laboratory space on the 10.26 Hutchinson campus into chemistry, 10.27 physics, and biology laboratories. 10.28 Subd. 20. South Central Technical 10.29 College 300,000 10.30 To design renovation of teaching 10.31 laboratories at the North Mankato 10.32 campus and design asset preservation at 10.33 the Faribault campus. 10.34 Subd. 21. Southeast Technical 10.35 College 580,000 10.36 To design, renovate, furnish, and equip 10.37 a one-stop student services area and 10.38 workforce center entrance at Winona. 10.39 To design the renovation of a one-stop 10.40 student services areas and student 10.41 center entrance at Red Wing. 10.42 Subd. 22. Southwest State University 9,200,000 10.43 To renovate and reconfigure, furnish, 10.44 and equip the library and construct a 10.45 new entrance. 10.46 Subd. 23. St. Cloud State University 10,000,000 10.47 To design the renovation of Centennial 10.48 Hall and to renovate, furnish, and 10.49 equip the renovation of Centennial Hall 10.50 and its conversion from library to 10.51 classroom use and to design the code 10.52 correction and renovation of Riverview 10.53 Hall. This appropriation may also be 10.54 used for design of the renovation of 10.55 Brown Hall and Eastman Hall. 11.1 Subd. 24. St. Cloud Technical College 700,000 11.2 To design the construction of a 11.3 multistory building connected to the 11.4 existing facility and the renovation of 11.5 part of "G" wing. 11.6 Subd. 25. St. Paul Technical College 11.7 The Pipefitters Local 455/JATC may 11.8 donate money for or build a building 11.9 for academic purposes of the pipe 11.10 trades at a site approved by the board 11.11 of trustees of the Minnesota state 11.12 colleges and universities on the campus 11.13 of the St. Paul technical college. If 11.14 the donor builds the building, before 11.15 the beginning of construction, (1) the 11.16 board must grant a temporary 11.17 construction easement to the donor for 11.18 the area upon which the building is to 11.19 be built, along with necessary staging 11.20 and ingress and egress areas, (2) the 11.21 board must approve the design, and (3) 11.22 the donor must agree in a writing 11.23 approved by the attorney general to 11.24 donate the building to the state, 11.25 effective upon the state entering into 11.26 possession, at which time title to the 11.27 building passes to the state. 11.28 Subd. 26. Winona State University 30,000,000 11.29 To design, construct, furnish, and 11.30 equip a new science building to serve 11.31 programs in biology, chemistry, 11.32 geoscience, physics, nursing, health 11.33 sciences, engineering, and K-12 science 11.34 teacher preparation. 11.35 Subd. 27. Science Lab Renovations 1,900,000 11.36 To design, renovate, furnish, and equip 11.37 science laboratories at the campuses of 11.38 Southeast technical college at Winona 11.39 and Red Wing, Minnesota West at Canby 11.40 and Worthington, Minneapolis community 11.41 and technical college, and South 11.42 Central technical college at Faribault. 11.43 Subd. 28. Land Acquisition 1,000,000 11.44 To acquire real property near the state 11.45 college and university campuses from 11.46 willing sellers. 11.47 Subd. 29. Debt Service 11.48 (a) The board shall pay the debt 11.49 service on one-third of the principal 11.50 amount of state bonds sold to finance 11.51 projects authorized by this section, 11.52 except for higher education asset 11.53 preservation and replacement in 11.54 subdivision 2, and except that, where a 11.55 nonstate match is required, the debt 11.56 service is due on a principal amount 11.57 equal to one-third of the total project 11.58 cost, less the match committed before 11.59 the bonds are sold. After each sale of 11.60 general obligation bonds, the 12.1 commissioner of finance shall notify 12.2 the board of the amounts assessed for 12.3 each year for the life of the bonds. 12.4 (b) The commissioner shall reduce the 12.5 board's assessment each year by 12.6 one-third of the net income from 12.7 investment of general obligation bond 12.8 proceeds in proportion to the amount of 12.9 principal and interest otherwise 12.10 required to be paid by the board. The 12.11 board shall pay its resulting net 12.12 assessment to the commissioner of 12.13 finance by December 1 each year. If 12.14 the board fails to make a payment when 12.15 due, the commissioner of finance shall 12.16 reduce allotments for appropriations 12.17 from the general fund otherwise 12.18 available to the board and apply the 12.19 amount of the reduction to cover the 12.20 missed debt service payment. The 12.21 commissioner of finance shall credit 12.22 the payments received from the board to 12.23 the bond debt service account in the 12.24 state bond fund each December 1 before 12.25 money is transferred from the general 12.26 fund under Minnesota Statutes, section 12.27 16A.641, subdivision 10. 12.28 Subd. 30. Contingencies 12.29 The commissioner of finance must 12.30 combine into one account, under the 12.31 control of the board of trustees, the 12.32 portion of each appropriation in this 12.33 section that is attributable to the 12.34 amount budgeted for contingencies for 12.35 projects in this section. The board 12.36 must manage the account to pay for 12.37 exceptional but necessary costs of 12.38 projects authorized in this section. 12.39 Upon substantial completion or 12.40 abandonment of all projects authorized 12.41 in this section, the board must use any 12.42 funds remaining in the contingency 12.43 account for HEAPR under Minnesota 12.44 Statutes, section 135A.046. The board 12.45 of trustees must report by February 1 12.46 of each even-numbered year to the 12.47 chairs of the house and senate 12.48 committees with jurisdiction over 12.49 capital investments, and higher 12.50 education finance, and to the chairs of 12.51 the house ways and means committee and 12.52 the senate finance committee on how the 12.53 money in the contingency account has 12.54 been allocated or spent. 12.55 Sec. 4. PERPICH CENTER FOR ARTS EDUCATION 12.56 Subdivision 1. To the commissioner 12.57 of administration for the purposes 12.58 specified in this section 768,000 12.59 Subd. 2. Asset Preservation 643,000 12.60 For asset preservation capital 12.61 improvements on the campus, including 12.62 east wing climate control improvements, 12.63 ceiling replacements, centerwide 12.64 asbestos removal, flooring 13.1 replacements, and water pipe 13.2 replacement. 13.3 Subd. 3. Performance Hall Catwalk 125,000 13.4 To design and construct a lighting 13.5 catwalk along the east wall of the 13.6 performance hall. 13.7 Sec. 5. CHILDREN, FAMILIES, AND LEARNING 13.8 Subdivision 1. To the commissioner of 13.9 children, families, and learning for the 13.10 purposes specified in this section 34,900,000 13.11 Subd. 2. Maximum Effort Capital 13.12 Loans 12,400,000 13.13 This appropriation is from the maximum 13.14 effort school loan fund for a capital 13.15 loan to independent school district No. 13.16 38, Red Lake, as provided in Minnesota 13.17 Statutes, sections 126C.60 to 126C.72, 13.18 to design, construct, renovate, 13.19 furnish, and equip school facilities, 13.20 and for health and safety capital 13.21 improvements to schools. 13.22 Up to $500,000 of this appropriation is 13.23 for predesign. Any unused portion of 13.24 the $500,000 for predesign may be spent 13.25 for health and safety capital 13.26 improvements to the high school and 13.27 middle school. 13.28 The commissioner shall review the 13.29 proposed plan and budget of the project 13.30 and may reduce the amount of the loan 13.31 to ensure that the project will be 13.32 economical. The commissioner may 13.33 recover the cost incurred by the 13.34 commissioner for any professional 13.35 services associated with the final 13.36 review and construction by reducing the 13.37 proceeds of the loan paid by the 13.38 district. The commissioner shall 13.39 report to the legislature any 13.40 reductions to the appropriations in 13.41 this subdivision by January 10, 2003. 13.42 Subd. 3. Southwest Integration 13.43 Magnet Schools 1,000,000 13.44 For a grant in accordance with the 13.45 metropolitan magnet school grant 13.46 program under Minnesota Statutes, 13.47 section 124D.88, to the West Metro 13.48 Education Program joint powers board to 13.49 acquire land, prepare a site, 13.50 predesign, and design a new building 13.51 for the Southwest Integration Magnet 13.52 School in St. Louis Park, to serve a 13.53 population of approximately 500 13.54 kindergarten through grade 8 students. 13.55 Subd. 4. Library Access Grants 1,000,000 13.56 For library access grants under 13.57 Minnesota Statutes, section 134.45, to 13.58 remove architectural barriers from a 13.59 library building or site. 14.1 Subd. 5. Minnesota 14.2 Planetarium 9,500,000 14.3 For a grant to the city of Minneapolis 14.4 to design, construct, furnish, and 14.5 equip a new Minnesota planetarium, 14.6 subject to Minnesota Statutes, section 14.7 16A.695. 14.8 This appropriation is not available 14.9 until the commissioner has determined 14.10 that at least an equal amount has been 14.11 committed from nonstate sources. The 14.12 proportional share of the in-kind 14.13 contributions for the planetarium of 14.14 land, parking facilities, skyways, and 14.15 municipal infrastructure for the 14.16 planetarium may be counted as part of 14.17 the match. The proportional share of 14.18 the costs to the city of constructing 14.19 mechanical and electrical systems, 14.20 common areas, service areas, freight 14.21 elevators, and walls and roofs for the 14.22 planetarium shared with the Minneapolis 14.23 library and included in the costs of 14.24 constructing the library may also be 14.25 counted as part of the match. 14.26 The legislature intends not to 14.27 appropriate additional money to 14.28 construct the planetarium until at 14.29 least $4,000,000 in cash contributions 14.30 have been committed to the project from 14.31 other than state or local government 14.32 funds. 14.33 Subd. 6. Asian Community Center 1,000,000 14.34 For a grant to the city of St. Paul to 14.35 design, construct, furnish, and equip 14.36 an Asian community center, subject to 14.37 Minnesota Statutes, section 16A.695. 14.38 This appropriation is not available 14.39 until the commissioner has determined 14.40 that at least an equal amount has been 14.41 committed from nonstate sources. 14.42 Subd. 7. Colin Powell Youth 14.43 Leadership Center 700,000 14.44 For a grant to Hennepin county to 14.45 acquire land for and to design, 14.46 construct, furnish, and equip the Colin 14.47 Powell Youth Leadership center in 14.48 Minneapolis, subject to Minnesota 14.49 Statutes, section 16A.695. The center 14.50 will include a national guard drill 14.51 area, an education wing, including a 14.52 computer lab, a multipurpose arts 14.53 facility, a community education space, 14.54 a nutrition education and cooking 14.55 skills work-preparation area, and four 14.56 new basketball courts. 14.57 This appropriation is not available 14.58 until the commissioner has determined 14.59 that at least an equal amount has been 14.60 committed from nonstate sources. 14.61 Subd. 8. Neighborhood 15.1 House/El Rio Vista 1,800,000 15.2 For a grant to the city of St. Paul to 15.3 acquire land for and to design, 15.4 construct, furnish, and equip an 15.5 expansion of Neighborhood House/El Rio 15.6 Vista, subject to Minnesota Statutes, 15.7 section 16A.695. 15.8 This appropriation is not available 15.9 until the commissioner has determined 15.10 that at least an equal amount has been 15.11 committed from nonstate sources. 15.12 Subd. 9. Trollwood 15.13 Performing Arts School 5,500,000 15.14 For a grant to the city of Moorhead to 15.15 acquire land for and to design, 15.16 construct, furnish, and equip Trollwood 15.17 Arts Village in the city of Moorhead, 15.18 subject to Minnesota Statutes, section 15.19 16A.695. Trollwood must be available 15.20 to regional arts groups. 15.21 This appropriation is not available 15.22 until the commissioner has determined 15.23 that at least an equal amount has been 15.24 committed from nonstate sources. 15.25 Subd. 10. Early Childhood Learning 15.26 and Child Protection Facilities 2,000,000 15.27 For grants to construct or rehabilitate 15.28 facilities for programs under Minnesota 15.29 Statutes, section 119A.45. 15.30 Sec. 6. MINNESOTA STATE ACADEMIES 1,500,000 15.31 To the commissioner of administration 15.32 for asset preservation capital 15.33 improvements on both campuses of the 15.34 Minnesota state academies for the deaf 15.35 and the blind, including demolition of 15.36 the West Cottage. 15.37 Sec. 7. NATURAL RESOURCES 15.38 Subdivision 1. To the 15.39 commissioner of natural resources 15.40 for the purposes specified 15.41 in this section 101,612,000 15.42 Subd. 2. Statewide Asset Preservation 2,600,000 15.43 For asset preservation improvements and 15.44 betterments at department of natural 15.45 resources buildings statewide, 15.46 including removal of life safety 15.47 hazards and structural defects; 15.48 elimination or containment of hazardous 15.49 materials; code compliance 15.50 improvements; accessibility 15.51 improvements; replacement or renovation 15.52 of roofs, windows, tuckpointing, and 15.53 structural members; and improvements 15.54 necessary to preserve the interior and 15.55 exterior of buildings and other 15.56 infrastructure. The commissioner shall 15.57 determine project priorities as 15.58 appropriate based upon need. 16.1 The unspent portion of an 16.2 appropriation, but not to exceed ten 16.3 percent of the appropriation, for a 16.4 project in this section that is 16.5 complete, is available for asset 16.6 preservation. Minnesota Statutes, 16.7 section 16A.642, applies from the date 16.8 of the original appropriation to the 16.9 unspent amount transferred. 16.10 Subd. 3. Field Office Renovations 1,000,000 16.11 To design, acquire, renovate, 16.12 construct, furnish, and equip field 16.13 offices to relieve substandard employee 16.14 working conditions in existing 16.15 facilities. 16.16 Until June 30, 2006, the commissioner 16.17 of natural resources must not close 16.18 offices in Brainerd or Rochester, 16.19 Minnesota without first receiving 16.20 approval from the legislature. 16.21 Subd. 4. Office Facility Development 1,500,000 16.22 To acquire, design, construct, furnish, 16.23 and equip a consolidated area office 16.24 and service facility at Thief River 16.25 Falls. 16.26 Subd. 5. ADA Compliance 500,000 16.27 For improvements and betterments of a 16.28 capital nature to remove barriers and 16.29 make department of natural resources 16.30 buildings, programs, and services 16.31 accessible to individuals with 16.32 disabilities, in compliance with state 16.33 and federal ADA guidelines. 16.34 Subd. 6. State Park Initiative 28,000,000 16.35 For building, utility, and natural 16.36 resource projects within the Minnesota 16.37 state park system according to the 16.38 management plan required in Minnesota 16.39 Statutes, chapter 86A, as follows: 16.40 (1) to design, renovate, construct, 16.41 furnish, and equip state park 16.42 buildings; and 16.43 (2) to design, renovate, furnish, and 16.44 equip capital facilities at state 16.45 parks, state recreation areas, and 16.46 forest recreation areas, including, but 16.47 not limited to, roads, trails, bridges, 16.48 campgrounds, and utility systems. 16.49 This appropriation must be used to 16.50 substantially implement the master plan 16.51 for improvements dated June 23, 1997, 16.52 for the historic golf course at Fort 16.53 Ridgely state park. 16.54 $1,600,000 is for improvements and 16.55 betterments of a capital nature to 16.56 develop the Big Bog state recreation 16.57 area, including constructing, 16.58 furnishing, and equipping a visitors 17.1 center. 17.2 $2,900,000 is for improvements and 17.3 betterments of a capital nature to 17.4 develop the Red River state recreation 17.5 area, including construction of a 17.6 visitor's center. 17.7 Subd. 7. State Park and Recreation Area 17.8 Acquisition 3,000,000 17.9 For acquisition of land under Minnesota 17.10 Statutes, section 86A.05, subdivision 17.11 2, from willing sellers of private 17.12 lands within state park and recreation 17.13 area boundaries established by law. 17.14 Subd. 8. Metro Regional Park Acquisition 17.15 and Betterment 8,700,000 17.16 $6,000,000 is for a grant to the 17.17 metropolitan council. The commissioner 17.18 shall pay the amount on a reimbursement 17.19 basis to the metropolitan council upon 17.20 receipt of a certified copy of a 17.21 council resolution requesting payment. 17.22 The appropriation must be used to pay 17.23 the cost of improvements and 17.24 betterments of a capital nature, and 17.25 acquisition by the council and local 17.26 government units of regional 17.27 recreational open-space lands in 17.28 accordance with the council's policy 17.29 plan as provided in Minnesota Statutes, 17.30 section 473.315. This appropriation 17.31 must not be used for research, 17.32 planning, administration, or tax 17.33 equivalency payments. This 17.34 appropriation may be used for the 17.35 purchase of homes only if the purchases 17.36 are included in the work program 17.37 required by law and they are expressly 17.38 approved by the legislative commission 17.39 on Minnesota resources. 17.40 $2,700,000 is for a grant to the 17.41 metropolitan council to complete 17.42 renovation of the Como Park 17.43 conservatory under phase 2. The 17.44 project must include renovation of the 17.45 fern room and construction of a bonsai 17.46 collection space, an orchid growing and 17.47 display house, and a children's 17.48 activity zone, as well as corridors and 17.49 connections to the education resource 17.50 building. 17.51 Subd. 9. Regional Parks: 17.52 Greater Minnesota 4,000,000 17.53 For grants to public regional parks 17.54 organizations located outside the 17.55 metropolitan area as defined in 17.56 Minnesota Statutes, section 473.121, 17.57 subdivision 2, to acquire land, design, 17.58 and construct and redevelop regional 17.59 parks and trails, open space, and 17.60 recreational facilities. The 17.61 improvements must be of a capital 17.62 nature. A greater Minnesota regional 17.63 parks organization with a project 18.1 previously funded through the regional 18.2 parks program, whether with bond funds 18.3 or other funds, at less than the total 18.4 eligible amount may reapply for the 18.5 total eligible amount from this 18.6 appropriation. If it is awarded, the 18.7 organization must return the original 18.8 grant award. Each $3 of state grants 18.9 must be matched by $2 of nonstate funds. 18.10 Subd. 10. Forest Road and Bridge 18.11 Projects 1,200,000 18.12 For reconstruction, resurfacing, 18.13 replacement, or construction of other 18.14 improvements of a capital nature to 18.15 state forest roads and bridges 18.16 throughout the state under Minnesota 18.17 Statutes, section 89.002. The 18.18 commissioner shall determine project 18.19 priorities as appropriate based on need. 18.20 Subd. 11. Reforestation 1,500,000 18.21 For improvements authorized under the 18.22 Minnesota Constitution, article XI, 18.23 section 5, clause (f). To increase 18.24 reforestation activities to meet the 18.25 reforestation requirements of Minnesota 18.26 Statutes, section 89.002, subdivision 18.27 2, including planting, seeding, site 18.28 preparation, purchasing tree seeds and 18.29 seedlings, improving forest stands, and 18.30 protecting plantations. 18.31 Subd. 12. State Forest Land Acquisition 500,000 18.32 To acquire private lands from willing 18.33 sellers within established boundaries 18.34 of state forests throughout the state 18.35 under Minnesota Statutes, section 18.36 86A.05, subdivision 7. 18.37 Subd. 13. State Trail Acquisition 18.38 and Development 3,650,000 18.39 To acquire, develop, and renovate state 18.40 trails as specified in Minnesota 18.41 Statutes, section 85.015. 18.42 $725,000 is for the Gitchi-Gami trail. 18.43 $450,000 is for the Shooting Star trail. 18.44 $300,000 is for the Luce Line trail. 18.45 $300,000 is for the Douglas trail. 18.46 $600,000 is for a grant to the city of 18.47 Austin to acquire land for the Blazing 18.48 Star trail. 18.49 $475,000 is for the Goodhue Pioneer 18.50 trail. 18.51 $300,000 is for the Willard Munger 18.52 trail. 18.53 $500,000 is to connect the portions of 18.54 the Paul Bunyan trail in the city of 18.55 Bemidji, including constructing an 19.1 underpass. This appropriation is not 19.2 available until the commissioner has 19.3 determined that an equal amount has 19.4 been committed by the city of Bemidji. 19.5 Subd. 14. Trail Connections 1,857,000 19.6 For matching grants under Minnesota 19.7 Statutes, section 85.019, subdivision 19.8 4c, including a grant to the city of 19.9 St. Louis Park to design and construct 19.10 a grade separated pedestrian and 19.11 regional trail crossing over CSAH No. 19.12 25/Trunk Highway 7 at Trunk Highway 100 19.13 to connect the Cedar Lake Regional 19.14 Trail and the Southwest LRT Regional 19.15 Trail, a grant to the city of New Ulm 19.16 to connect the city trail to Flandrau 19.17 state park, and a grant to Stearns 19.18 county for the Lake Koronis trail. 19.19 The commissioner shall determine other 19.20 project priorities as appropriate based 19.21 on need. 19.22 Subd. 15. Metro Greenways and Natural 19.23 Areas 1,000,000 19.24 To provide grants to local units of 19.25 government for acquisition or 19.26 betterment of greenways and natural 19.27 areas in the metro region and to 19.28 acquire greenways and natural areas in 19.29 the metro region through the purchase 19.30 of conservation easements or fee 19.31 titles. The commissioner shall 19.32 determine the project priorities and 19.33 shall consult with representatives of 19.34 local units of government, nonprofit 19.35 organizations, and other interested 19.36 parties. 19.37 Subd. 16. Well Sealing 600,000 19.38 To identify and seal inactive wells on 19.39 state-owned land under Minnesota 19.40 Statutes, section 103I.311. 19.41 Subd. 17. Lewis and Clark 19.42 Rural Water System 180,000 19.43 This appropriation is from the general 19.44 fund. 19.45 For a grant to the Lewis and Clark 19.46 joint powers board to acquire land for, 19.47 and to predesign, design, construct, 19.48 furnish, and equip, a rural water 19.49 system to serve southwestern 19.50 Minnesota. This appropriation is 19.51 available when matched by $8 of federal 19.52 money and $1 of local money for each $1 19.53 of state money. 19.54 Subd. 18. Red Rock Rural 19.55 Water System 125,000 19.56 For a grant to the Red Rock rural water 19.57 system to acquire land, predesign, 19.58 design, construct, and equip the 19.59 southwest Minnesota regional water 20.1 supply project. This appropriation is 20.2 not available until at least an equal 20.3 amount of nonstate money has been 20.4 committed to the project. 20.5 Subd. 19. Dam Improvements 1,800,000 20.6 To renovate or remove publicly owned 20.7 dams. 20.8 Of this amount, up to $100,000 is for a 20.9 grant to Blue Earth county for 20.10 renovation of the Rapidan dam. This 20.11 grant is not available until at least 20.12 an equal amount is committed to the 20.13 project from nonstate sources. 20.14 Up to $1,050,000 is for a grant to the 20.15 city of Crookston for phases 2 and 3 of 20.16 the Red Lake River restoration and 20.17 habitat improvement project. 20.18 The commissioner shall determine other 20.19 project priorities as appropriate based 20.20 on need as provided in Minnesota 20.21 Statutes, sections 103G.511 and 20.22 103G.515. 20.23 Subd. 20. Flood Hazard Mitigation Grants 30,000,000 20.24 For the state share of flood hazard 20.25 mitigation grants for publicly owned 20.26 capital improvements to prevent or 20.27 alleviate flood damage under Minnesota 20.28 Statutes, section 103F.161. 20.29 The commissioner shall determine 20.30 project priorities as appropriate based 20.31 on need. 20.32 This appropriation includes money for 20.33 the following projects: Warren, East 20.34 Grand Forks, Agassiz, Montevideo, St. 20.35 Anthony, Granite Falls, Minneapolis at 20.36 27th and Knox Avenue North, St. Louis 20.37 Park, North Ottawa, Lebanon Hills in 20.38 Dakota county, Hay Creek, and Two River 20.39 watershed district Ross No. 7. For any 20.40 project listed in this paragraph that 20.41 is not ready to proceed, the 20.42 commissioner may allocate that 20.43 project's money to the next project on 20.44 the commissioner's priority list and 20.45 St. Paul. 20.46 To the extent that the cost of a 20.47 project in Warren, East Grand Forks, 20.48 Montevideo, Breckenridge, Granite 20.49 Falls, Oakport, or Crookston exceeds 20.50 two percent of the median household 20.51 income in the municipality multiplied 20.52 by the number of households in the 20.53 municipality, this appropriation is 20.54 also for the local share of the project. 20.55 Subd. 21. Stream Protection 20.56 and Restoration 1,000,000 20.57 For the design and implementation of 20.58 stream restoration projects that employ 20.59 natural channel design principles. 21.1 Subd. 22. Water Access 21.2 Acquisition and Development 1,500,000 21.3 For public water access acquisition, 21.4 construction, and renovation to capital 21.5 projects on lakes and rivers, including 21.6 construction of a fishing pier at Blue 21.7 Mound state park and other water access 21.8 through the provision of fishing piers 21.9 and shoreline access under Minnesota 21.10 Statutes, section 86A.05, subdivision 9. 21.11 Subd. 23. Lake Superior 21.12 Safe Harbor 1,100,000 21.13 To complete construction of the public 21.14 access at McQuade Road on Lake Superior 21.15 in cooperation with the U.S. Army Corps 21.16 of Engineers and the joint powers board 21.17 made up of the city of Duluth, St. 21.18 Louis county, the town of Duluth, and 21.19 the town of Lakewood. 21.20 Subd. 24. Fish Hatchery 21.21 Improvements 300,000 21.22 For improvements of a capital nature to 21.23 design, construct, renovate, furnish, 21.24 and equip fish culture facilities under 21.25 Minnesota Statutes, section 97A.045, 21.26 subdivision 1. 21.27 Subd. 25. Fisheries Acquisition 21.28 and Improvement 500,000 21.29 To acquire aquatic management areas and 21.30 to make public improvements and 21.31 betterments of a capital nature to fish 21.32 habitat under Minnesota Statutes, 21.33 section 86A.05, subdivision 14. 21.34 Subd. 26. Scientific and Natural Area 21.35 Acquisition and Improvement 2,500,000 21.36 To acquire land for scientific and 21.37 natural areas and for development, 21.38 protection, or improvements of a 21.39 capital nature to scientific and 21.40 natural areas throughout the state 21.41 under Minnesota Statutes, sections 21.42 84.033 and 86A.05, subdivision 5. 21.43 Up to $1,500,000 is to acquire and make 21.44 improvements of a capital nature to 21.45 restore, and develop the Seminary fen 21.46 in the Assumption creek watershed in 21.47 Carver county. The commissioner shall 21.48 manage the Seminary fen in accordance 21.49 with Minnesota Statutes, chapter 86A, 21.50 in part as an aquatic management area, 21.51 in part as a scientific and natural 21.52 area, and in part as a wildlife 21.53 management area. 21.54 Subd. 27. Natural and Scenic Area 21.55 Land Acquisition Grants 1,000,000 21.56 For matching grants to local units of 21.57 government to acquire and better local 21.58 natural and scenic areas under 21.59 Minnesota Statutes, section 85.019, 22.1 subdivision 4a. The commissioner shall 22.2 determine project priorities as 22.3 appropriate based on project 22.4 significance and need. 22.5 Subd. 28. RIM Consolidated 22.6 Wildlife and Critical Habitat Match 1,000,000 22.7 To acquire land and interests in land 22.8 for wildlife management area purposes 22.9 under Minnesota Statutes, section 22.10 97A.145; for improvements of a capital 22.11 nature to develop, protect, or improve 22.12 wildlife management areas and other 22.13 state lands throughout the state under 22.14 Minnesota Statutes, section 86A.05, 22.15 subdivision 8; and to provide state 22.16 match for the critical habitat private 22.17 sector matching account under Minnesota 22.18 Statutes, section 84.943, for the 22.19 acquisition or improvement of critical 22.20 fish, wildlife, and native plant 22.21 habitats. 22.22 Subd. 29. Native Prairie 22.23 Bank Easements 1,000,000 22.24 For acquisition of native prairie bank 22.25 easements under Minnesota Statutes, 22.26 section 84.96. 22.27 Sec. 8. POLLUTION CONTROL AGENCY 10,000,000 22.28 To the pollution control agency to 22.29 design and construct remedial systems 22.30 and acquire land at landfills 22.31 throughout the state in accordance with 22.32 the closed landfill program under 22.33 Minnesota Statutes, section 115B.39. 22.34 Sec. 9. OFFICE OF ENVIRONMENTAL ASSISTANCE 22.35 Subdivision 1. To the office of environmental 22.36 assistance for the purposes specified 22.37 in this section 4,750,000 22.38 Subd. 2. Solid Waste Capital 22.39 Assistance Grants 3,600,000 22.40 To the office of environmental 22.41 assistance for the solid waste capital 22.42 assistance grants program under 22.43 Minnesota Statutes, section 115A.54. 22.44 Grants from this appropriation must be 22.45 awarded to applicants whose 22.46 applications were on file with the 22.47 office before January 1, 2002. The 22.48 office must give priority for grants to 22.49 projects that expand processing 22.50 capacity. 22.51 Subd. 3. Fergus Falls - 22.52 Solid Waste Combustor 1,150,000 22.53 For a grant to the city of Fergus Falls 22.54 to design, construct, and equip the 22.55 city's municipal solid waste combustor 22.56 with new air pollution control 22.57 equipment to meet federal and state 22.58 environmental guidelines. This grant 22.59 is in addition to any other state 23.1 grants previously awarded for this 23.2 project, including the 1997 grant to 23.3 the city of Fergus Falls by the office 23.4 of environmental assistance. This 23.5 appropriation is not available until 23.6 the commissioner has determined that at 23.7 least $1,150,000 has been committed 23.8 from nonstate sources. 23.9 Sec. 10. BOARD OF WATER AND SOIL RESOURCES 23.10 Subdivision 1. To the board 23.11 of water and soil resources for the 23.12 purposes specified in this section 8,250,000 23.13 Subd. 2. RIM Conservation 23.14 Easements 2,000,000 23.15 This appropriation is to acquire 23.16 conservation easements from landowners 23.17 on marginal lands to protect soil and 23.18 water quality and to support fish and 23.19 wildlife habitat as provided in 23.20 Minnesota Statutes, section 103F.515. 23.21 Subd. 3. Shoreland Protection 23.22 Program 750,000 23.23 To acquire conservation easements in 23.24 environmentally sensitive lake and 23.25 river shoreland areas from private 23.26 landowners. The board may award grants 23.27 to local soil and water conservation 23.28 districts and participating local units 23.29 of government to accomplish the 23.30 purposes of this program, in accordance 23.31 with new Minnesota Statutes, section 23.32 103F.225. 23.33 $100,000 of this amount may be used to 23.34 administer the program. 23.35 Subd. 4. Wetland Replacement 23.36 Due to Public Road Projects 2,700,000 23.37 To acquire land for wetlands or restore 23.38 wetlands to be used to replace wetlands 23.39 drained or filled as a result of the 23.40 repair, maintenance, or rehabilitation 23.41 of existing public roads as required by 23.42 Minnesota Statutes, section 103G.222, 23.43 subdivision 1, paragraph (l). 23.44 The purchase price paid for acquisition 23.45 of land, fee, or perpetual easement 23.46 must be the fair market value as 23.47 determined by the board. The board may 23.48 enter into agreements with the federal 23.49 government, other state agencies, 23.50 political subdivisions, and nonprofit 23.51 organizations or fee owners to acquire 23.52 land and restore and create wetlands 23.53 and to acquire existing wetland banking 23.54 credits with money provided by this 23.55 appropriation. Acquisition of or the 23.56 conveyance of land may be in the name 23.57 of the political subdivision. 23.58 Subd. 5. Lazarus Creek 1,500,000 23.59 For a grant to Area II Minnesota River 24.1 Basin Projects, Inc. for construction 24.2 of the LQP-25/Lazarus Creek floodwater 24.3 retention project. The grant may not 24.4 exceed 75 percent of the project's 24.5 cost. The remaining share must be 24.6 provided by Area II Minnesota River 24.7 Basin Projects, Inc. 24.8 Subd. 6. Stillwater - 24.9 Brown's Creek 1,300,000 24.10 For a grant to the city of Stillwater 24.11 to provide environmental protection 24.12 capital improvements for Brown's Creek. 24.13 Sec. 11. AGRICULTURE 24.14 Subdivision 1. To the commissioner of 24.15 administration or another named agency for 24.16 the purposes specified in this section 15,292,000 24.17 Subd. 2. Rural Finance Authority 24.18 Loan Participation 15,000,000 24.19 For purposes as set forth in the 24.20 Minnesota Constitution, article XI, 24.21 section 5, clause (h). To the rural 24.22 finance authority to purchase 24.23 participation interests in or to make 24.24 direct agricultural loans to farmers 24.25 under Minnesota Statutes, chapter 41B. 24.26 This appropriation is for the beginning 24.27 farmer program under Minnesota 24.28 Statutes, section 41B.039, the loan 24.29 restructuring program under Minnesota 24.30 Statutes, section 41B.04, the 24.31 seller-sponsored program under 24.32 Minnesota Statutes, section 41B.042, 24.33 the agricultural improvement loan 24.34 program under Minnesota Statutes, 24.35 section 41B.043, and the livestock 24.36 expansion loan program under Minnesota 24.37 Statutes, section 41B.045. All debt 24.38 service on bond proceeds used to 24.39 finance this appropriation must be 24.40 repaid by the rural finance authority 24.41 under Minnesota Statutes, section 24.42 16A.643. Loan participations must be 24.43 priced to provide full interest and 24.44 principal coverage and a reserve for 24.45 potential losses. 24.46 Priority for loans must be given first 24.47 to basic beginning farmer loans; 24.48 second, to seller-sponsored loans; and 24.49 third, to agricultural improvement 24.50 loans. 24.51 Subd. 3. Expansion of Metro 24.52 Greenhouse and Storage Bay 292,000 24.53 To design, construct, furnish, and 24.54 equip an expansion of the greenhouse 24.55 facility owned by the department of 24.56 agriculture on the campus of 24.57 Metropolitan state university in St. 24.58 Paul. 24.59 Sec. 12. MINNESOTA ZOOLOGICAL 24.60 GARDENS 25.1 Subdivision 1. To the Minnesota 25.2 Zoological Gardens for the purposes 25.3 specified in this section 11,184,000 25.4 Subd. 2. Asset Preservation 3,000,000 25.5 For capital asset preservation 25.6 improvements and betterments. 25.7 Subd. 3. Phase 1 of Master Plan 8,184,000 25.8 To design, construct, furnish, and 25.9 equip zoo facilities consistent with 25.10 phase 1 of the facilities and business 25.11 master plan for the Asia Trail. Up to 25.12 $1,000,000 of this appropriation may be 25.13 used to design other components of 25.14 phase 1. 25.15 This appropriation is not available 25.16 until the commissioner of finance has 25.17 determined that additional money at 25.18 least equal to 25 percent of the 25.19 appropriated amount has been committed 25.20 to the project from nonstate sources. 25.21 Sec. 13. ADMINISTRATION 25.22 Subdivision 1. To the commissioner 25.23 of administration for the purposes 25.24 specified in this section 83,722,000 25.25 Subd. 2. Capital Asset 25.26 Preservation and Replacement (CAPRA) 14,000,000 25.27 To be spent in accordance with 25.28 Minnesota Statutes, section 16A.632. 25.29 The unspent portion of an 25.30 appropriation, but not to exceed ten 25.31 percent of the appropriation, for a 25.32 project in this section that is 25.33 complete, is available for capital 25.34 asset preservation and replacement. 25.35 Minnesota Statutes, section 16A.642, 25.36 applies from the date of the original 25.37 appropriation to the unspent amount 25.38 transferred. 25.39 Subd. 3. Electrical Utility 25.40 Infrastructure - Phase 6 3,231,000 25.41 To complete the upgrade of the 25.42 high-voltage primary electrical 25.43 distribution system in the capitol 25.44 complex, replace the emergency 25.45 generator in the Capitol, and upgrade 25.46 the non-high-voltage electrical system 25.47 in the Capitol building. 25.48 Subd. 4. Agency Relocation 1,500,000 25.49 This appropriation is from the general 25.50 fund. 25.51 For relocation of state agencies as 25.52 determined by the commissioner of 25.53 administration, including, but not 25.54 limited to, the bureau of criminal 25.55 apprehension, tenants in the Veterans 25.56 Services building, and the departments 26.1 of Trade and Economic Development and 26.2 Economic Security or their successor. 26.3 Subd. 5. Renovate Governor's 26.4 Residence 4,291,000 26.5 To design, renovate, furnish, and equip 26.6 the Governor's residence in St. Paul. 26.7 $45,000 is from the general fund for 26.8 relocation expenses. 26.9 Subd. 6. Health and Agriculture 26.10 Laboratories 60,000,000 26.11 To design, construct, furnish, and 26.12 equip a joint laboratory facility in 26.13 St. Paul for the departments of health 26.14 and agriculture. 26.15 Subd. 7. Health, Agriculture, and Human Services 26.16 Office Facilities 26.17 The commissioner of administration may 26.18 enter into one or more long-term 26.19 lease-purchase agreements with the St. 26.20 Paul port authority or any other 26.21 governmental entity, for terms of up to 26.22 25 years, for the development of office 26.23 facilities in St. Paul for the 26.24 departments of health, agriculture, and 26.25 human services. The commissioner must 26.26 submit each agreement to the 26.27 legislative commission on planning and 26.28 fiscal policy for its recommendation. 26.29 If the commission does not provide the 26.30 commissioner with a recommendation 26.31 within 30 days of receiving the 26.32 agreement, the recommendation is 26.33 considered to be positive. A 26.34 recommendation is advisory only. The 26.35 lease-purchase agreements are exempt 26.36 from Minnesota Statutes, sections 26.37 15.50, subdivision 2, paragraph (e); 26.38 and 16B.24, subdivisions 6 and 6a. The 26.39 lease-purchase agreements must not be 26.40 terminated except for nonappropriation 26.41 of money. The lease-purchase 26.42 agreements must provide the state with 26.43 a unilateral right to purchase the 26.44 leased premises at specified times for 26.45 specified amounts. The office facility 26.46 for the department of human services 26.47 must not have more gross square feet of 26.48 space than the department occupies as 26.49 of the effective date of this section 26.50 for offices that will be moved to the 26.51 new facility. 26.52 Subd. 8. State-owned Property 26.53 The commissioner may enter into a 26.54 ground lease for state-owned property 26.55 in the capitol complex in conjunction 26.56 with the execution of a lease-purchase 26.57 agreement for any improvements 26.58 constructed on that site. 26.59 Notwithstanding the requirements of 26.60 Minnesota Statutes, section 16A.695, 26.61 subdivision 2, paragraph (b), the 26.62 ground lease must be for a term equal 26.63 to the term of the lease-purchase 27.1 agreement, and must include an option 27.2 to purchase the land at its then fair 27.3 market value if the improvements are 27.4 not purchased by the state at the end 27.5 of the term of the lease-purchase 27.6 agreement, or at any earlier time that 27.7 the lease-purchase agreement is 27.8 terminated. 27.9 Subd. 9. Government Services 27.10 Center 700,000 27.11 To predesign in Olmsted county a 27.12 government services facility to 27.13 colocate federal, state, and local 27.14 government offices, to the extent that 27.15 the predesign determines their 27.16 colocation to be feasible and 27.17 practical. Participating agencies to 27.18 be evaluated in the predesign must 27.19 include, but need not be limited to, 27.20 the city of Rochester; Olmsted county; 27.21 the state departments of natural 27.22 resources, commerce, economic security, 27.23 health, pollution control, revenue, and 27.24 the board of water and soil resources; 27.25 and appropriate federal agencies. 27.26 Sec. 14. CAPITOL AREA ARCHITECTURAL 27.27 AND PLANNING BOARD 646,000 27.28 The appropriation in this section may 27.29 not be spent on any project that 27.30 affects space under the control of the 27.31 senate without the approval of the 27.32 secretary of the senate nor on any 27.33 project that affects space under the 27.34 control of the house of representatives 27.35 without the approval of the chief clerk 27.36 of the house. 27.37 To the commissioner of administration 27.38 to plaster and repaint public spaces 27.39 and to conserve and repair existing 27.40 artwork on the ground, first, and 27.41 second floors of the capitol building. 27.42 This appropriation is from the general 27.43 fund. 27.44 Sec. 15. AMATEUR SPORTS COMMISSION 27.45 Subdivision 1. To the amateur sports 27.46 commission for the purposes specified 27.47 in this section 8,250,000 27.48 Subd. 2. Sports Conference Center 5,000,000 27.49 To construct, furnish, and equip a 27.50 sports conference center on the campus 27.51 of the National Sports Center and for 27.52 related capital development costs, 27.53 subject to Minnesota Statutes, section 27.54 16A.695. 27.55 Subd. 3. National Volleyball 27.56 Center - Phase 2 3,000,000 27.57 To design, construct, furnish, and 27.58 equip Phase 2 of the National 27.59 Volleyball Center in Rochester. 28.1 Subd. 4. Mount Itasca Biathlon 28.2 Training Facility 250,000 28.3 To complete construction of the Mount 28.4 Itasca biathlon training project. This 28.5 appropriation is not available until at 28.6 least an equal amount has been 28.7 committed to the project from nonstate 28.8 sources. 28.9 Sec. 16. ARTS 28.10 Subdivision 1. To the commissioner of 28.11 administration for the purposes specified 28.12 in this section 31,000,000 28.13 Subd. 2. Bloomington - 28.14 Bloomington Center for the Arts 1,000,000 28.15 This appropriation is from the general 28.16 fund. 28.17 For a grant to the city of Bloomington 28.18 to furnish and equip a new multipurpose 28.19 public arts facility to facilitate the 28.20 economic development, education, and 28.21 cultural activities in the city of 28.22 Bloomington that will serve the 28.23 southern and southwest metro areas. 28.24 This appropriation is not available 28.25 until the commissioner has determined 28.26 that at least an equal amount has been 28.27 committed from nonstate sources. 28.28 Subd. 3. Minneapolis - 28.29 Children's Theatre Company 5,000,000 28.30 For a grant to Hennepin county to 28.31 design, construct, furnish, and equip 28.32 an expansion of the Children's Theatre 28.33 Company's current facility. Hennepin 28.34 county may enter into a lease or 28.35 management agreement for operation of 28.36 the theater, subject to Minnesota 28.37 Statutes, section 16A.695. 28.38 This appropriation is not available 28.39 until the commissioner has determined 28.40 that at least an equal amount has been 28.41 committed from nonstate sources. 28.42 Subd. 4. Minneapolis - 28.43 Guthrie Theater 24,000,000 28.44 For a grant to the Minneapolis 28.45 community development agency to acquire 28.46 and prepare a site for and to design, 28.47 construct, furnish, and equip a new 28.48 Guthrie Theater in the city of 28.49 Minneapolis. The Minneapolis community 28.50 development agency may enter into a 28.51 lease or management agreement for the 28.52 theater, subject to Minnesota Statutes, 28.53 section 16A.695. 28.54 This appropriation is not available 28.55 until the commissioner has determined 28.56 that at least an equal amount has been 28.57 committed from nonstate sources. 29.1 Subd. 5. Rochester - 29.2 Rochester Art Center 1,000,000 29.3 This appropriation is from the general 29.4 fund. 29.5 For a grant to the city of Rochester to 29.6 design the new Rochester Art Center. 29.7 This appropriation is not available 29.8 until the commissioner has determined 29.9 that an equal amount has been committed 29.10 from nonstate sources. 29.11 Subd. 6. St. Paul - 29.12 Minnesota African-American 29.13 Performing Arts Center 29.14 Notwithstanding Minnesota Statutes, 29.15 section 16A.642, $1,250,000 of the 29.16 appropriation in Laws 1999, chapter 29.17 240, article 2, section 12, subdivision 29.18 14, is available until July 1, 2003. 29.19 Sec. 17. MILITARY AFFAIRS 29.20 Subdivision 1. To the adjutant 29.21 general for the purposes specified 29.22 in this section 4,357,000 29.23 Subd. 2. Asset Preservation 2,500,000 29.24 For asset preservation improvements and 29.25 betterments of a capital nature at 29.26 military affairs facilities statewide. 29.27 Subd. 3. ADA Improvements 357,000 29.28 For improvements and betterments of a 29.29 capital nature to remove barriers and 29.30 make department of military affairs 29.31 buildings, programs, and services 29.32 accessible to individuals with 29.33 disabilities, in compliance with state 29.34 and federal ADA guidelines. 29.35 Subd. 4. Facility Life Safety 29.36 Improvements 1,000,000 29.37 For life/safety improvements and 29.38 betterments of a capital nature at 29.39 military affairs facilities statewide. 29.40 Subd. 5. Camp Ripley Antiterrorism 29.41 Facility 500,000 29.42 For predesign of a joint military/law 29.43 enforcement antiterrorism training 29.44 facility at Camp Ripley. 29.45 Sec. 18. TRANSPORTATION 29.46 Subdivision 1. To the 29.47 commissioner of transportation for 29.48 the purposes specified in this section 92,500,000 29.49 Subd. 2. Local Bridge Replacement 29.50 and Rehabilitation 45,000,000 29.51 This appropriation is from the bond 29.52 proceeds account in the state 30.1 transportation fund as provided in 30.2 Minnesota Statutes, section 174.50, to 30.3 match federal money and to replace or 30.4 rehabilitate local deficient bridges. 30.5 Political subdivisions may use grants 30.6 made under this section to construct or 30.7 reconstruct bridges, including: 30.8 (1) matching federal-aid grants to 30.9 construct or reconstruct key bridges; 30.10 (2) paying the costs of preliminary 30.11 engineering and environmental studies 30.12 authorized under Minnesota Statutes, 30.13 section 174.50, subdivision 6a; 30.14 (3) paying the costs to abandon an 30.15 existing bridge that is deficient and 30.16 in need of replacement, but where no 30.17 replacement will be made; and 30.18 (4) paying the costs to construct a 30.19 road or street to facilitate the 30.20 abandonment of an existing bridge 30.21 determined by the commissioner to be 30.22 deficient, if the commissioner 30.23 determines that construction of the 30.24 road or street is more cost efficient 30.25 than the replacement of the existing 30.26 bridge. 30.27 Subd. 3. Local Road Improvement Program 20,000,000 30.28 Of this appropriation: 30.29 (1) $10,000,000 is for deposit in the 30.30 trunk highway corridor projects account 30.31 in the local road improvement fund 30.32 under new Minnesota Statutes, section 30.33 174.52, subdivision 2. 30.34 (2) $10,000,000 is for deposit in the 30.35 local road account for routes of 30.36 regional significance in the local road 30.37 improvement fund under new Minnesota 30.38 Statutes, section 174.52, subdivision 4. 30.39 Subd. 4. Town Road Sign Replacement 1,000,000 30.40 For grants to political subdivisions to 30.41 pay the local share of costs of town 30.42 road sign replacement under the federal 30.43 highway administration's hazard 30.44 elimination program. Grants under this 30.45 subdivision may only be used for the 30.46 purchase of signs that conform to the 30.47 commissioner of transportation's 30.48 uniform manual of traffic control 30.49 devices, including applicable 30.50 reflective sheeting requirements, and 30.51 that have a useful life of at least 20 30.52 years. 30.53 Subd. 5. Duluth Aerial 30.54 Lift Bridge 1,000,000 30.55 For a grant to the city of Duluth for 30.56 capital restoration of the aerial lift 30.57 bridge. This appropriation is 30.58 available when matched by $1 of money 31.1 secured or provided by the city of 31.2 Duluth for each $1 of state money. 31.3 Subd. 6. Port Development Assistance 3,000,000 31.4 For grants under Minnesota Statutes, 31.5 sections 457A.01 to 457A.06. Any 31.6 improvements made with the proceeds of 31.7 these grants must be publicly owned. 31.8 Subd. 7. Freight Access Improvements 7,000,000 31.9 Each grant is not available until the 31.10 commissioner has determined that at 31.11 least an equal amount has been 31.12 committed from any combination of 31.13 municipal state-aid money and nonstate 31.14 sources. The state share may be 31.15 allocated to any one or more of the 31.16 project elements, with the nonstate 31.17 money used to complete any elements not 31.18 completed with state money. 31.19 $3,500,000 is for a grant to the city 31.20 of Savage to improve highway access to 31.21 the ports of Savage. The improvements 31.22 may include local frontage roads, 31.23 access consolidations, road closures, 31.24 new signals, and acceleration and 31.25 deceleration lanes. 31.26 $3,500,000 is for a grant to the port 31.27 authority of Winona to construct 31.28 intermodal improvements at the Winona 31.29 harbor. The improvements may include 31.30 commercial harbor dredging, overpass 31.31 construction, street widening, signal 31.32 installation, and intersection 31.33 reconstruction. 31.34 Subd. 8. Greater Minnesota 31.35 Transit Facilities 2,000,000 31.36 For capital assistance for greater 31.37 Minnesota transit systems to be used 31.38 for transit capital facilities. Money 31.39 from this appropriation may be used to 31.40 pay up to 80 percent of the nonfederal 31.41 share of these facilities. 31.42 Subd. 9. Radio Communications 31.43 Statewide System 13,000,000 31.44 To design and construct the statewide 31.45 public safety radio communications 31.46 system infrastructure, coordinating it 31.47 with other state and local units of 31.48 government, and extending it to all of 31.49 the southeast district of the state 31.50 patrol, and into the central district 31.51 of the state patrol, with first 31.52 priority given to development in 31.53 Stearns, Sherburne, Benton, and Wright 31.54 counties, subject to the requirements 31.55 of Minnesota Statutes, section 16A.695. 31.56 Subd. 10. DM&E Working Group 500,000 31.57 This appropriation is from the general 31.58 fund and is for the purposes of section 31.59 86. 32.1 Sec. 19. METROPOLITAN COUNCIL 32.2 Subdivision 1. To the metropolitan 32.3 council for the purposes specified 32.4 in this section 30,500,000 32.5 Subd. 2. Northwest Busway 20,000,000 32.6 To design and construct a busway in the 32.7 northwest metropolitan area between 32.8 downtown Minneapolis and Rogers. This 32.9 appropriation is contingent on 32.10 $12,000,000 from Hennepin county and 32.11 $5,000,000 from the metropolitan 32.12 council for the project. Total funding 32.13 from all sources may be used for 32.14 roadway design, reconstruction, 32.15 acquisition of land and right-of-way, 32.16 and to design, construct, furnish, and 32.17 equip transit stations and park and 32.18 rides. Design-build under new 32.19 Minnesota Statutes, sections 383B.158 32.20 to 383B.1586, may be used for 32.21 implementing this project. 32.22 Subd. 3. Livable Communities Grant 32.23 Program 9,000,000 32.24 For public infrastructure grants for 32.25 development and redevelopment projects 32.26 of the livable communities grant 32.27 program under Minnesota Statutes, 32.28 sections 473.25 to 473.255, as 32.29 applicable. 32.30 In development of the project, the 32.31 council shall: 32.32 (1) take into consideration livable 32.33 communities principles, including 32.34 support of housing production and 32.35 ensuring integration of land use and 32.36 transportation needs of communities 32.37 along the route of the busway; 32.38 (2) take advantage of any local funding 32.39 for the project that may be available; 32.40 and 32.41 (3) encourage citizen and stakeholder 32.42 participation in development of the 32.43 project. 32.44 Before soliciting any applications for 32.45 grants, the council must present its 32.46 proposed criteria for ranking projects 32.47 and the proposed application process to 32.48 the legislative commission on 32.49 metropolitan government for review and 32.50 recommendations. Before making any 32.51 grant awards after receiving 32.52 applications for funding, the council 32.53 must present to the legislative 32.54 commission on metropolitan government 32.55 for review and comment, a complete list 32.56 of applications received by the council 32.57 by the application deadline, the 32.58 council's ranking under the adopted 32.59 criteria, and the proposed funding 32.60 awards. 33.1 Subd. 4. Park-and-Ride Facilities 500,000 33.2 For land acquisition and construction 33.3 of park-and-ride facilities in the 33.4 seven-county metropolitan area outside 33.5 the transit taxing district defined in 33.6 Minnesota Statutes, section 473.446, 33.7 subdivision 2. 33.8 Subd. 5. Central Corridor 33.9 Transitway 1,000,000 33.10 For predesign, design, final 33.11 environmental impact statement, and 33.12 preliminary engineering of the Central 33.13 Corridor Bus Transitway between St. 33.14 Paul and the city of Minneapolis. This 33.15 appropriation must not be used for any 33.16 work on rail transportation. 33.17 Sec. 20. COMMERCE 5,000,000 33.18 To the commissioner of finance for the 33.19 energy conservation investment loan 33.20 program under Minnesota Statutes, 33.21 section 216C.37. 33.22 Sec. 21. HEALTH 775,000 33.23 To design and construct a community 33.24 dental clinic at Lake Superior 33.25 community college in Duluth and design 33.26 and renovate the Northwest technical 33.27 college dental hygiene clinic in 33.28 Moorhead, subject to Minnesota 33.29 Statutes, section 16A.695. 33.30 Sec. 22. HUMAN SERVICES 33.31 Subdivision 1. To the 33.32 commissioner of administration 33.33 for the purposes specified 33.34 in this section 22,838,000 33.35 Subd. 2. Systemwide Roof 33.36 Renovation and Replacement 2,789,000 33.37 For renovation and replacement of roofs 33.38 at department of human services 33.39 facilities statewide. 33.40 Subd. 3. Systemwide Asset 33.41 Preservation 4,000,000 33.42 For asset preservation improvements and 33.43 betterments of a capital nature at 33.44 state regional treatment centers. 33.45 The unspent portion of an 33.46 appropriation, but not to exceed ten 33.47 percent of the appropriation, for a 33.48 project in this section that is 33.49 complete, is available for asset 33.50 preservation. Minnesota Statutes, 33.51 section 16A.642, applies from the date 33.52 of the original appropriation to the 33.53 unspent amount transferred. 33.54 Subd. 4. Systemwide - 33.55 Building and Structure Demolition 2,750,000 34.1 To demolish and dispose of hazardous 34.2 materials from obsolete buildings at 34.3 state regional treatment centers. 34.4 Subd. 5. Brainerd 34.5 Regional Treatment Center 6,305,000 34.6 To design, renovate, furnish, and equip 34.7 the residential and program areas in 34.8 building No. 20. 34.9 Subd. 6. Fergus Falls 34.10 Regional Treatment Center 3,000,000 34.11 To design, renovate, construct, 34.12 furnish, and equip ancillary support 34.13 and program facilities, including 34.14 improvements to basic infrastructure, 34.15 hazardous materials abatement, and 34.16 demolition that will facilitate the 34.17 relocation of the facility's ancillary 34.18 support, treatment, and residential 34.19 programs from the Kirkbride buildings. 34.20 Subd. 7. St. Peter 34.21 Regional Treatment Center 3,619,000 34.22 To design and replace the high-pressure 34.23 steam boilers and convert the system to 34.24 a low-pressure steam system at the St. 34.25 Peter regional treatment center. 34.26 Subd. 8. People, Inc. 34.27 North Side Community Support Program 375,000 34.28 This appropriation is from the general 34.29 fund. 34.30 For a grant to Minneapolis Community 34.31 Development Agency to purchase, 34.32 remodel, and complete accessibility 34.33 upgrades to an existing building or to 34.34 acquire land or construct a building to 34.35 be used by the People, Inc. North Side 34.36 Community Support Program, which may 34.37 provide office space for state 34.38 employees. 34.39 This grant is available when matched by 34.40 at least $175,000 from nonstate sources. 34.41 Subd. 9. Designer Selection 34.42 Notwithstanding Minnesota Statutes, 34.43 section 16B.33, the commissioner of 34.44 administration may select design firms 34.45 for projects funded in this section 34.46 that are considered repair, 34.47 replacement, or asset preservation in 34.48 nature and are not intended to 34.49 construct, erect, or remodel a 34.50 building. For this purpose, remodeling 34.51 means reconfiguring and upgrading 34.52 interior space, not replacing building 34.53 components or equipment. 34.54 Sec. 23. VETERANS HOMES BOARD 34.55 Subdivision 1. To the commissioner 34.56 of administration for the purposes 34.57 specified in this section 12,898,000 35.1 Subd. 2. Asset Preservation 2,000,000 35.2 For asset preservation improvements and 35.3 betterments of a capital nature at 35.4 veterans homes statewide. 35.5 Subd. 3. Hastings Veterans Home - Phase 3 8,553,000 35.6 For design and renovation of the 35.7 utility infrastructure systems and 35.8 related improvements at the campus of 35.9 the Hastings veterans home. 35.10 Subd. 4. Silver Bay Veterans Home 2,345,000 35.11 To replace the roof. 35.12 Sec. 24. CORRECTIONS 35.13 Subdivision 1. To the commissioner of 35.14 administration for the purposes specified 35.15 in this section 25,870,000 35.16 Subd. 2. Asset Preservation 17,000,000 35.17 For improvements and betterments of a 35.18 capital nature at Minnesota 35.19 correctional facilities statewide, 35.20 including, but not limited to, 35.21 completing the perimeter wall and 35.22 security improvements at 35.23 MCF-Stillwater. A portion of this 35.24 appropriation may be used for wetland 35.25 mitigation for the Rush City prison. 35.26 The unspent portion of an 35.27 appropriation, but not to exceed ten 35.28 percent of the appropriation, for a 35.29 project in this section that is 35.30 complete, is available for asset 35.31 preservation. Minnesota Statutes, 35.32 section 16A.642, applies from the date 35.33 of the original appropriation to the 35.34 unspent amount transferred. 35.35 Subd. 3. Minnesota Correctional 35.36 Facility - Lino Lakes 4,160,000 35.37 To design, construct, furnish, and 35.38 equip a new 416-bed unit to house 35.39 offenders. 35.40 This appropriation is not available 35.41 until the commissioner has determined 35.42 that at least $10,179,000 has been 35.43 committed from federal sources. 35.44 Subd. 4. Minnesota Correctional 35.45 Facility - Shakopee 3,070,000 35.46 To design, construct, renovate, 35.47 furnish, and equip the Independent 35.48 Living Center (ILC) into a 48-bed 35.49 general population living unit; 35.50 increase space in the kitchen, serving, 35.51 and eating areas; increase space in the 35.52 visitation area; and modify the staff 35.53 control station in the segregation unit 35.54 to provide adequate space for updated 35.55 technical equipment and more room for 36.1 staff. 36.2 Subd. 5. Minnesota Correctional 36.3 Facility - Stillwater 90,000 36.4 To predesign a new 150-bed segregation 36.5 unit on the facility grounds. 36.6 Subd. 6. Bayport Storm Sewer 1,550,000 36.7 For a grant to the city of Bayport for 36.8 the Middle St. Croix River Watershed 36.9 Management organization to complete 36.10 construction of the sewer system 36.11 extending from Minnesota department of 36.12 natural resources pond 82-310P (the 36.13 prison pond) in Bayport through the 36.14 Stillwater prison grounds to the St. 36.15 Croix river. 36.16 Sec. 25. TRADE AND ECONOMIC DEVELOPMENT 36.17 Subdivision 1. To the commissioner of 36.18 trade and economic development or other 36.19 named agency for the purposes 36.20 specified in this section 84,650,000 36.21 Subd. 2. Redevelopment Account 4,000,000 36.22 For transfer to the redevelopment 36.23 account created in new Minnesota 36.24 Statutes, section 116J.571. This 36.25 appropriation is only available for 36.26 grants to projects located outside of 36.27 the seven-county metropolitan area. 36.28 $1,000,000 is for a grant to the city 36.29 of Little Falls for environmental 36.30 cleanup of the Hennepin Paper Company 36.31 property in the city of Little Falls. 36.32 No match is required for this grant. 36.33 Subd. 3. State Match for Federal Grants 16,000,000 36.34 To the public facilities authority to 36.35 match federal grants for eligible 36.36 projects in the water pollution control 36.37 revolving fund under Minnesota 36.38 Statutes, section 446A.07, and the 36.39 drinking water revolving loan fund 36.40 under Minnesota Statutes, section 36.41 446A.081. 36.42 Subd. 4. Wastewater Infrastructure 36.43 Funding Program 30,600,000 36.44 $600,000 of this appropriation is from 36.45 the general fund to administer the 36.46 wastewater infrastructure program. 36.47 To the public facilities authority for 36.48 grants to eligible municipalities under 36.49 the wastewater infrastructure program 36.50 established in Minnesota Statutes, 36.51 section 446A.072. 36.52 To the greatest practical extent, the 36.53 authority should use the grants for 36.54 projects on the 2002 project priority 36.55 list in priority order to qualified 36.56 applicants that submit plans and 37.1 specifications to the pollution control 37.2 agency or receive a funding commitment 37.3 from USDA rural development before 37.4 December 1, 2003. 37.5 The pollution control agency shall 37.6 prepare amendments to Minnesota Rules, 37.7 part 7077.0115, for ranking wastewater 37.8 projects on the project priority list 37.9 that take into account issues such as, 37.10 but not limited to, the age and 37.11 condition of existing wastewater 37.12 treatment systems, issues associated 37.13 with growth, and the effects on 37.14 municipalities when a moratorium on new 37.15 sewer connections is imposed. The 37.16 agency shall report on its recommended 37.17 rule amendments to the chairs of the 37.18 house environment and natural resources 37.19 finance committee, the house jobs and 37.20 economic development finance committee, 37.21 the house capital investment committee, 37.22 the senate environment and agricultural 37.23 finance division, the senate jobs, 37.24 housing and community development 37.25 committee, and the senate capital 37.26 investment committee by February 1, 37.27 2003. 37.28 $1,500,000 is for grants to the 37.29 Larsmont portion of the Knife 37.30 River-Larsmont sanitary district. This 37.31 appropriation must be used to reduce 37.32 the amount of the municipality's loan 37.33 from the water pollution revolving fund 37.34 that exceeds five percent of the market 37.35 value of the properties in the project 37.36 service area. This appropriation is in 37.37 addition to grants from other 37.38 appropriations. 37.39 Subd. 5. Fairmont - 37.40 Winnebago Avenue Sports Complex 500,000 37.41 For a grant to the city of Fairmont to 37.42 acquire land for, renovate, and expand 37.43 the Winnebago Avenue sports complex, 37.44 including reconfiguring two ball 37.45 fields, adding two fields, paving a 37.46 parking lot, and building other 37.47 amenities. 37.48 This appropriation is not available 37.49 until the commissioner has determined 37.50 that at least an equal amount has been 37.51 committed from nonstate sources. 37.52 Subd. 6. Greater Minnesota Business 37.53 Development Infrastructure Grant Program 12,000,000 37.54 For grants under new Minnesota 37.55 Statutes, section 116J.431. 37.56 Subd. 7. Itasca County - Children's 37.57 Discovery Museum 300,000 37.58 For a grant to Itasca county to design, 37.59 construct, furnish, and equip the 37.60 Children's Discovery Museum in Grand 37.61 Rapids. The county may enter into a 37.62 lease or management agreement for the 38.1 center, subject to Minnesota Statutes, 38.2 section 16A.695. This appropriation is 38.3 not available until the commissioner 38.4 has determined that at least an equal 38.5 amount has been committed from nonstate 38.6 sources. 38.7 Subd. 8. Minneapolis - 38.8 Empowerment Zone Projects 3,000,000 38.9 For a grant to the city of Minneapolis 38.10 to acquire land and to design, 38.11 construct, furnish, and equip public 38.12 infrastructure improvements in the 38.13 following empowerment zone projects: 38.14 the Near Northside redevelopment 38.15 project; the Chicago/Lake project; and 38.16 the South East Minneapolis industrial 38.17 redevelopment project. 38.18 This appropriation is not available 38.19 until the commissioner has determined 38.20 that at least an equal amount has been 38.21 committed from nonstate sources. 38.22 Subd. 9. Olivia - 38.23 Minnesota Center for Agricultural Innovation 1,000,000 38.24 For a grant to the city of Olivia to 38.25 acquire land and to design, construct, 38.26 furnish, and equip the Minnesota Center 38.27 for Agricultural Innovation, subject to 38.28 Minnesota Statutes, section 16A.695. 38.29 This appropriation is not available 38.30 until the commissioner has determined 38.31 that at least an equal amount has been 38.32 committed from nonstate sources. 38.33 Subd. 10. St. Cloud - 38.34 Civic Center Expansion 3,250,000 38.35 For a grant to the city of St. Cloud 38.36 for asset preservation, land 38.37 acquisition, and to predesign, design, 38.38 construct, furnish, and equip the 38.39 expansion of the St. Cloud Civic Center. 38.40 This appropriation is not available 38.41 until the commissioner has determined 38.42 that at least an equal amount has been 38.43 committed from nonstate sources. 38.44 Subd. 11. St. Paul - 38.45 Roy Wilkins Auditorium 4,000,000 38.46 For a grant to the city of St. Paul for 38.47 asset preservation of the Roy Wilkins 38.48 Center. 38.49 This appropriation is not available 38.50 until the commissioner has determined 38.51 that at least an equal amount has been 38.52 committed from nonstate sources. 38.53 Subd. 12. St. Paul-Phalen Boulevard 8,000,000 38.54 For a grant to the city of St. Paul to 38.55 acquire land and to complete 38.56 contamination remediation on Phalen 38.57 Boulevard between I-35E and Johnson 39.1 Parkway. This appropriation is not 39.2 available until the commissioner has 39.3 determined that at least an equal 39.4 amount has been committed from nonstate 39.5 sources. 39.6 Subd. 13. St. Paul - 39.7 2004 Renaissance Project 2,000,000 39.8 For a grant to the city of St. Paul to 39.9 design and construct river edge 39.10 improvements and make capital 39.11 improvements and betterments for a 39.12 public park on Raspberry Island. 39.13 This appropriation is not available 39.14 until the commissioner has determined 39.15 that at least an equal amount has been 39.16 committed from nonstate sources. 39.17 Sec. 26. IRON RANGE RESOURCES AND 39.18 REHABILITATION BOARD 1,500,000 39.19 To design, construct, furnish, and 39.20 equip Mesabi station as the central 39.21 guest services facility for the Mesabi 39.22 trail. 39.23 Sec. 27. HOUSING FINANCE AGENCY 16,200,000 39.24 To the commissioner of the housing 39.25 finance agency for loans and grants for 39.26 publicly owned transitional and 39.27 permanent housing under Minnesota 39.28 Statutes, section 462A.202, 39.29 subdivisions 2 and 3a. Notwithstanding 39.30 Minnesota Statutes, section 462A.202, 39.31 subdivision 3a, the loans or grants 39.32 must be used for the development, 39.33 construction, acquisition, or 39.34 rehabilitation of transitional or 39.35 permanent housing to serve veterans and 39.36 single adults who are homeless or at 39.37 risk of becoming homeless. The loans 39.38 or grants must be used for two housing 39.39 projects that: 39.40 (1) are located on property owned by 39.41 the United States Department of 39.42 Veterans Affairs that is leased by the 39.43 Department of Veterans Affairs to the 39.44 owners of the housing projects; 39.45 (2) provide or coordinate health and 39.46 social services needed by the 39.47 residents; and 39.48 (3) are a collaborative partnership 39.49 between community agencies, local units 39.50 of government, and the federal 39.51 government. 39.52 Sec. 28. MINNESOTA HISTORICAL SOCIETY 39.53 Subdivision 1. To the Minnesota 39.54 Historical Society for the purposes 39.55 specified in this section 3,967,000 39.56 Subd. 2. Historic Site Asset 39.57 Preservation 2,442,000 40.1 (a) For capital improvements and 40.2 betterments at state historic sites, 40.3 buildings, landscaping at historic 40.4 buildings, exhibits, markers, and 40.5 monuments. The society shall determine 40.6 project priorities as appropriate based 40.7 on need. 40.8 (b) Of this amount, $1,000,000 is for 40.9 asset preservation of the William G. 40.10 LeDuc house. This appropriation is 40.11 available only if the historical 40.12 society enters into an agreement with 40.13 the city of Hastings, or another public 40.14 entity, providing for transfer of 40.15 ownership of the property to the city 40.16 or the other public entity when the 40.17 asset preservation work is completed, 40.18 and providing that the city or other 40.19 public entity will provide for 40.20 additional renovation and operation of 40.21 the site. If an agreement for the 40.22 transfer of ownership of the LeDuc 40.23 house site is not entered into by March 40.24 31, 2003, this amount is available for 40.25 asset preservation under paragraph 40.26 (a). This appropriation is available 40.27 until spent, notwithstanding section 40.28 1. The city or other public entity may 40.29 enter into an agreement with a 40.30 nonprofit organization for the 40.31 operation of the site subject to 40.32 Minnesota Statutes, section 16A.695. 40.33 Subd. 3. County and Local 40.34 Preservation Grants 300,000 40.35 To be allocated to county and local 40.36 jurisdictions as matching money for 40.37 historic preservation projects of a 40.38 capital nature. Grant recipients must 40.39 be public entities and must match state 40.40 funds on at least an equal basis. The 40.41 facilities must be publicly owned. 40.42 Subd. 4. Sibley House Historic Site 300,000 40.43 To renovate buildings at the site and 40.44 design future renovations. 40.45 Subd. 5. Fort Snelling Historic Site 500,000 40.46 $400,000 is to design a variety of 40.47 construction projects needed for a 40.48 major redevelopment and renewal of 40.49 historic Fort Snelling. 40.50 $100,000 is to expand restrooms in the 40.51 current visitor center. 40.52 Subd. 6. Fort Belmont 200,000 40.53 For a grant to Jackson county to 40.54 design, construct, furnish, and equip a 40.55 new site for historic Fort Belmont, 40.56 subject to Minnesota Statutes, section 40.57 16A.695. 40.58 Subd. 7. New Brighton 40.59 Caboose and History Center 100,000 41.1 This appropriation is from the general 41.2 fund. 41.3 For a grant to the New Brighton area 41.4 historical society to renovate its 41.5 caboose and history center in Long Lake 41.6 Regional Park. 41.7 This appropriation is not available 41.8 until the commissioner of finance has 41.9 determined that at least an equal 41.10 amount has been committed from nonstate 41.11 sources. 41.12 Subd. 8. Pipestone County Museum 125,000 41.13 For a grant to the city of Pipestone to 41.14 design and construct an external shaft 41.15 and hoist way and install an elevator 41.16 adjacent to the Pipestone County Museum 41.17 and renovate a third-floor area to be 41.18 used as a community room and a museum 41.19 programs room, subject to Minnesota 41.20 Statutes, section 16A.695. 41.21 This appropriation is not available 41.22 until the commissioner of finance has 41.23 determined that at least an equal 41.24 amount has been committed from nonstate 41.25 sources. 41.26 Sec. 29. BOND SALE EXPENSES 880,000 41.27 To the commissioner of finance for bond 41.28 sale expenses under Minnesota Statutes, 41.29 section 16A.641, subdivision 8. This 41.30 appropriation is from the bond proceeds 41.31 fund. 41.32 Sec. 30. [BOND SALE AUTHORIZATION.] 41.33 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 41.34 appropriated in this act from the bond proceeds fund, the 41.35 commissioner of finance shall sell and issue bonds of the state 41.36 in an amount up to $920,235,000 in the manner, upon the terms, 41.37 and with the effect prescribed by Minnesota Statutes, sections 41.38 16A.631 to 16A.675, and by the Minnesota Constitution, article 41.39 XI, sections 4 to 7. 41.40 Subd. 2. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 41.41 money appropriated in this act from the maximum effort school 41.42 loan fund, the commissioner of finance shall sell and issue 41.43 bonds of the state in an amount up to $12,400,000 in the manner, 41.44 upon the terms, and with the effect prescribed by Minnesota 41.45 Statutes, sections 16A.631 to 16A.675, and by the Minnesota 41.46 Constitution, article XI, sections 4 to 7. The proceeds of the 41.47 bonds, except accrued interest and any premium received on the 42.1 sale of the bonds, must be credited to a bond proceeds account 42.2 in the maximum effort school loan fund. 42.3 Subd. 3. [TRANSPORTATION FUND.] To provide the money 42.4 appropriated in this act from the state transportation fund, the 42.5 commissioner of finance shall sell and issue bonds of the state 42.6 in an amount up to $45,000,000 in the manner, upon the terms, 42.7 and with the effect prescribed by Minnesota Statutes, sections 42.8 16A.631 to 16A.675, and by the Minnesota Constitution, article 42.9 XI, sections 4 to 7. The proceeds of the bonds, except accrued 42.10 interest and any premium received on the sale of the bonds, must 42.11 be credited to a bond proceeds account in the state 42.12 transportation fund. 42.13 Sec. 31. [CANCELLATIONS.] 42.14 Subdivision 1. $500,000 of the appropriation in Laws 1996, 42.15 chapter 463, section 4, subdivision 2, for youth initiative 42.16 grants, is canceled. The bond sale authorization in Laws 1996, 42.17 chapter 463, section 27, subdivision 1, is reduced by $500,000. 42.18 Subd. 2. $1,449,000 of the appropriation in Laws 1996, 42.19 chapter 463, section 21, for early childhood learning facilities 42.20 is canceled. The bond sale authorization in Laws 1996, chapter 42.21 463, section 27, subdivision 1, is reduced by $1,449,000. 42.22 Subd. 3. The unobligated balance of the appropriation in 42.23 Laws 1998, chapter 404, section 7, subdivision 28, for the Sand 42.24 Dunes state forest center, estimated to be $113,000, is canceled 42.25 to the general fund. 42.26 Subd. 4. $100,000 of the appropriation in Laws 1998, 42.27 chapter 404, section 7, subdivision 30, for the Hartley nature 42.28 center is canceled to the general fund. 42.29 Subd. 5. The $375,000 appropriation in Laws 1998, chapter 42.30 404, section 18, subdivision 4, for the People, Inc. North Side 42.31 community support program, is canceled to the general fund. 42.32 Subd. 6. $500,000 of the appropriation in Laws 1998, 42.33 chapter 404, section 23, subdivision 27, for a production 42.34 facility associated with an educational and training facility, 42.35 is canceled to the general fund. 42.36 Subd. 7. The $400,000 appropriation in Laws 1998, chapter 43.1 404, section 25, subdivision 9, for a treaty site history 43.2 center, is canceled to the general fund. 43.3 Subd. 8. $1,000,000 of the appropriation in Laws 2000, 43.4 chapter 492, article 1, section 14, subdivision 3, to the 43.5 commissioner of administration for a grant to the Minneapolis 43.6 community development agency, for the Guthrie Theater, vetoed on 43.7 May 15, 2000, and approved by the legislature overriding the 43.8 veto on May 17, 2000, is canceled to the general fund. 43.9 Sec. 32. Minnesota Statutes 2000, section 16A.11, 43.10 subdivision 6, is amended to read: 43.11 Subd. 6. [BUILDING MAINTENANCE AND CAPITAL BETTERMENT.] 43.12 The detailed operating budget and capital budget must include 43.13 amounts necessary to maintain and better state buildings. The 43.14 commissioner of finance, in consultation with the commissioner 43.15 of administration, the board of trustees of the Minnesota state 43.16 colleges and universities, and the regents of the University of 43.17 Minnesota, shall establish budget guidelines for building 43.18 maintenance and betterment appropriations. Unless otherwise 43.19 provided by the commissioner of finance, the combined amount to 43.20 be budgeted each year for building maintenance and betterment in 43.21 the operating budget and capital budget is
twoone percent of 43.22 the replacement cost of the building, adjusted up or down 43.23 depending on the age and condition of the building. 43.24 Sec. 33. Minnesota Statutes 2000, section 16A.501, is 43.25 amended to read: 43.26 16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.] 43.27 The commissioner of finance must report annually to the 43.28 legislature on the degree to which entities receiving 43.29 appropriations of bond proceedsfor capital projects in previous 43.30 omnibus capital improvement acts have encumbered or expended 43.31 that money. The report must be submitted to the chairs of the 43.32 house of representatives ways and means committee and the senate 43.33 finance committee by February 1 of each year. 43.34 Sec. 34. Minnesota Statutes 2000, section 16A.632, 43.35 subdivision 2, is amended to read: 43.36 Subd. 2. [STANDARDS.] Article XI, section 5, clause (a), 44.1 of the constitution states general obligation bonds may be 44.2 issued to finance only the acquisition or betterment of state 44.3 land, buildings, and improvements of a capital nature. In 44.4 interpreting this and applying it to the purposes of the program 44.5 contemplated in this section, the following standards are 44.6 adopted for the disbursement of money from the capital asset 44.7 preservation and replacement account: 44.8 (a) No new land, buildings, or major new improvements will 44.9 be acquired. These projects, including all capital expenditures 44.10 required to permit their effective use for the intended purpose 44.11 on completion, will be estimated and provided for individually 44.12 through a direct appropriation for each project. 44.13 (b) An expenditure will be made from the account only when 44.14 it is a capital expenditure on a capital asset previously owned 44.15 by the state, within the meaning of accepted accounting 44.16 principles as applied to public expenditures. The commissioner 44.17 of administration will consult with the commissioner of finance 44.18 to the extent necessary to ensure this and will furnish the 44.19 commissioner of finance a list of projects to be financed from 44.20 the account in order of their priority. The commissioner shall 44.21 also furnish each revision of the list. The legislature assumes 44.22 that many provisions for preservation and replacement of 44.23 portions of existing capital assets will constitute betterments 44.24 and capital improvements within the meaning of the constitution 44.25 and capital expenditures under correct accounting principles, 44.26 and will be financed more efficiently and economically under the 44.27 program than by direct appropriations for specific projects. 44.28 However, the purpose of the program is to accumulate data 44.29 showing how additional costs may be saved by appropriating money 44.30 from the general fund for preservation measures, the necessity 44.31 of which is predictable over short periods. 44.32 (c) The commissioner of administration will furnish 44.33 instructions to agencies to apply for funding of capital 44.34 expenditures for preservation and replacement from the account, 44.35 will review applications, will make initial allocations among 44.36 types of eligible projects enumerated below, will determine 45.1 priorities, and will allocate money in priority order until the 45.2 available appropriation has been committed. 45.3 (d) Categories of projects considered likely to be most 45.4 needed and appropriate for financing are the following: 45.5 (1) unanticipated emergencies of all kinds, for which a 45.6 relatively small amount should be initially reserved, replaced 45.7 from money allocated to low-priority projects, if possible, as 45.8 emergencies occur, and used for stabilization rather than 45.9 replacement if the cost would exhaust the account and should be 45.10 specially appropriated; 45.11 (2) projects to remove life safety hazards, like 45.12 replacement of mechanical systems, building code violations, or 45.13 structural defects, at costs not large enough to require major 45.14 capital requests to the legislature; 45.15 (3) elimination or containment of hazardous substances like 45.16 asbestos or PCBs; and45.17 (4) moderate cost replacement and repair of roofs, windows, 45.18 tuckpointing, and structural members necessary to preserve the 45.19 exterior and interior of existing buildings; and 45.20 (5) up to ten percent of an appropriation awarded under 45.21 this section may be used for design costs for projects eligible 45.22 to be funded from this account in anticipation of future funding 45.23 from the account. 45.24 Sec. 35. Minnesota Statutes 2000, section 16A.86, 45.25 subdivision 3, is amended to read: 45.26 Subd. 3. [EVALUATION.] (a) The commissioner shall evaluate 45.27 all requests from political subdivisions for state assistance 45.28 based on the following criteria: 45.29 (1) the political subdivision has provided for local, 45.30 private, and user financing for the project to the maximum 45.31 extent possible; 45.32 (2) the project helps fulfill an important state mission; 45.33 (3) the project is of regional or statewide significance; 45.34 (4) the project will not require new or any additional 45.35 state operating subsidies; 45.36 (5) the project will not expand the state's role in a new 46.1 policy area; 46.2 (6) state funding for the project will not create 46.3 significant inequities among local jurisdictions; 46.4 (7) the project will not compete with other facilities in 46.5 such a manner that they lose a significant number of users to 46.6 the new project; and46.7 (8) the governing bodies of those political subdivisions 46.8 primarily benefiting from the project have passed resolutions in 46.9 support of the project and have established priorities for all 46.10 projects within their jurisdictions for which bonding 46.11 appropriations are requested when submitting multiple requests; 46.12 and 46.13 (9) if a predesign that meets the requirements of section 46.14 16B.335 has been completed and is available at the time the 46.15 project request is submitted to the commissioner of finance, the 46.16 applicant has submitted the project predesign to the 46.17 commissioner of administration. 46.18 (b) The commissioner's evaluation of each request, 46.19 including whether it meets each of the criteria in paragraph 46.20 (a), must be submitted to the legislature along with the 46.21 governor's recommendations under section 16A.11, subdivision 1, 46.22 whether or not the governor recommends that the request be 46.23 funded. 46.24 Sec. 36. [16B.245] [INVENTORY OF STATE-OWNED LAND.] 46.25 Subdivision 1. [DEFINITIONS.] For the purposes of this 46.26 section, "state-owned land" means land, with or without 46.27 improvements upon it, for which the state owns fee title. It 46.28 does not include: 46.29 (1) land held in trust by the state for political 46.30 subdivisions of the state; 46.31 (2) permanent school trust fund lands; 46.32 (3) university trust fund lands; 46.33 (4) mineral interests; or 46.34 (5) trunk highway right-of-way. 46.35 Subd. 2. [INVENTORY.] The commissioner of administration 46.36 must inventory all state-owned land and determine the number of 47.1 acres owned by the state as of December 31, 2002. The inventory 47.2 must identify for each parcel the state agency responsible for 47.3 the parcel, its location, size, and whether it is (1) currently 47.4 being used for a public purpose, (2) anticipated to be used for 47.5 a public purpose in the future, or (3) not currently being used 47.6 or anticipated to be used for a public purpose. The inventory 47.7 must also identify how much land is included in each 47.8 classification under section 86A.05. Within two months of 47.9 completing the inventory, and by January 15 each odd-numbered 47.10 year thereafter, the commissioner must report on the inventory 47.11 to the chairs of the house and senate committees with 47.12 jurisdiction over higher education, capital investment, and 47.13 natural resources and environment finance, and the chairs of the 47.14 house committee on ways and means and the senate committee on 47.15 finance. 47.16 Sec. 37. Minnesota Statutes 2000, section 16B.31, 47.17 subdivision 1, is amended to read: 47.18 Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.] (a) 47.19 The commissioner shall (1) have plans and specifications 47.20 prepared for the construction, alteration, or enlargement of all 47.21 state buildings, structures, and other improvements except 47.22 highways and bridges, and except for buildings and structures 47.23 under the control of the board of regents of the university of 47.24 Minnesota or of the board of trustees of the Minnesota state 47.25 colleges and universities; (2) approve those plans and 47.26 specifications; (3) advertise for bids and award all contracts 47.27 in connection with the improvements; (4) supervise and inspect 47.28 all work relating to the improvements; (5) approve all lawful 47.29 changes in plans and specifications after the contract for an 47.30 improvement is let; and (6) approve estimates for payment. This 47.31 subdivision does not apply to the construction of the zoological 47.32 gardens. 47.33 (b) Notwithstanding any law to the contrary, the 47.34 commissioner, the board of regents of the university of 47.35 Minnesota, and the board of trustees of the Minnesota state 47.36 colleges and universities may solicit and award a design-build 48.1 contract for those projects specifically designated by law for 48.2 design-build using the procedures provided in section 16C.30. 48.3 (c) Paragraph (b) expires January 1, 2004. 48.4 (d) The commissioner, the board, the board of regents of 48.5 the university of Minnesota, and the board of trustees of the 48.6 Minnesota state colleges and universities shall create a panel 48.7 of representatives, including representatives of the 48.8 construction industry and the architecture and engineering 48.9 professions, to evaluate the use of design-build and the 48.10 procedures for design-builder selection under section 16C.30, 48.11 and shall report to the legislature on or before January 1, 48.12 2004, as to the success of design-build as a method of 48.13 construction and the need and desirability for any changes in 48.14 the selection procedure. 48.15 Sec. 38. Minnesota Statutes 2000, section 16B.33, is 48.16 amended by adding a subdivision to read: 48.17 Subd. 5. [DESIGN-BUILD.] (a) The board shall select 48.18 design-builders under section 16C.30 for all design-build 48.19 projects with an estimated cost greater than $750,000. If a 48.20 project is undertaken with an estimated cost of less than 48.21 $750,000, the commissioner or board, in the commissioner's sole 48.22 discretion, may select the design-builder following the 48.23 requirements in section 16C.30. If the commissioner elects to 48.24 make the selection, the commissioner shall perform the duties 48.25 prescribed for the board in section 16C.30. This paragraph does 48.26 not apply to projects under the control of the board of regents 48.27 of the university of Minnesota or the board of trustees of the 48.28 Minnesota state colleges and universities. 48.29 (b) Upon written request by the board of regents of the 48.30 university of Minnesota or the board of trustees of the 48.31 Minnesota state colleges and universities, the board shall 48.32 evaluate and recommend at least three design-builders following 48.33 the requirements in section 16C.30 for any design-build project 48.34 under the control of the board of regents or the board of 48.35 trustees. 48.36 (c) The commissioner, the board of regents of the 49.1 university of Minnesota, or the board of trustees of the 49.2 Minnesota state colleges and universities shall forward to the 49.3 board a written report describing each instance in which the 49.4 performance of a design-builder has been less than satisfactory 49.5 for projects under their supervision. 49.6 (d) This subdivision expires January 1, 2004. 49.7 Sec. 39. Minnesota Statutes 2000, section 16B.335, 49.8 subdivision 3, is amended to read: 49.9 Subd. 3. [PREDESIGN REQUIREMENT.] The definitions in 49.10 paragraphs (a) and (b) apply to this section. 49.11 (a) "Predesign" means the stage in the development of a 49.12 project during which the purpose, scope, cost, and schedule of 49.13 the complete project are defined and instructions to design 49.14 professionals are produced. 49.15 (b) "Design" means the stage in the development of a 49.16 project during which schematic, design development, and contract 49.17 documents are produced. 49.18 (c) A recipient to whom an appropriation is made for a 49.19 project subject to review under subdivision 1 or notice under 49.20 subdivision 2 shall prepare a predesign package and submit it to 49.21 the commissioner for review and recommendation before proceeding 49.22 with design activities. The commissioner must complete the 49.23 review and recommendation within ten working days after 49.24 receiving it. Failure to review and recommend within the ten 49.25 days is considered a positive recommendation. The predesign 49.26 package must be sufficient to define the purpose, scope, cost, 49.27 and schedule of the project and must demonstrate that the 49.28 project has been analyzed according to appropriate space needs 49.29 standards. All predesign, design, and construction projects 49.30 shall include consideration of the state of Minnesota's 49.31 correctional industries program, MINNCOR Industries, consistent 49.32 with section 16B.181, subdivision 2, paragraph (c), in predesign 49.33 planning and product specifications. 49.34 (d) This subdivision does not apply to capital projects for 49.35 park buildings owned by a local government unit in the 49.36 metropolitan area defined in section 473.121, subdivision 2. 50.1 Sec. 40. [16C.29] [DEFINITIONS.] 50.2 Subdivision 1. [SCOPE.] For purposes of section 16C.30, 50.3 the terms in this section have the meanings given them, unless 50.4 the context clearly indicates otherwise. 50.5 Subd. 2. [BOARD.] "Board" means the designer selection 50.6 board, as described in section 16B.33. 50.7 Subd. 3. [CLARIFICATIONS.] "Clarifications" means a 50.8 written or oral exchange of information that takes place after 50.9 the receipt of proposals to ensure conformance with the request 50.10 for proposals and to address minor, clerical revisions in a 50.11 proposal. 50.12 Subd. 4. [COMMISSIONER.] "Commissioner" means the 50.13 commissioner of administration. 50.14 Subd. 5. [DESIGNER.] "Designer" means an architect, 50.15 landscape architect, or engineer licensed or certified under 50.16 sections 326.02 to 326.15 or a partnership, association, or 50.17 corporation composed primarily of registered architects, 50.18 landscape architects, or engineers or of all three. 50.19 Subd. 6. [OWNER'S REPRESENTATIVE.] "Owner's 50.20 representative" means a qualified professional who may oversee 50.21 scheduling, cost control, constructability, project management, 50.22 quality control, life-cycle costing, and building technology. 50.23 Subd. 7. [PERSON.] "Person" means an individual, 50.24 partnership, corporation, association, or any other legal entity. 50.25 Subd. 8. [PHASE-ONE SUBMITTAL.] "Phase-one submittal" 50.26 means statements of qualifications from design-builders under 50.27 section 16C.30, subdivision 5. 50.28 Subd. 9. [PHASE-TWO PROPOSAL.] "Phase-two proposal" means 50.29 an offer by a design-builder to enter into a design-build 50.30 contract for a project under section 16C.30, subdivision 6, in 50.31 response to a request for proposals. 50.32 Subd. 10. [PROJECT.] "Project" means an undertaking to 50.33 design and construct, erect, or remodel a building by or for the 50.34 state or an agency under the supervision and control of the 50.35 commissioner under section 16B.30 or the board of regents of the 50.36 university of Minnesota or the board of trustees of the 51.1 Minnesota state colleges and universities. 51.2 Subd. 11. [EXPIRATION.] This section expires January 1, 51.3 2004. 51.4 Sec. 41. [16C.30] [DESIGN-BUILD CONTRACTS.] 51.5 Subdivision 1. [GENERAL AUTHORITY.] (a) Notwithstanding 51.6 section 16C.03, subdivision 3, the commissioner may solicit and 51.7 award a design-build contract between the commissioner and a 51.8 design-builder utilizing the competitive acquisition process 51.9 described in subdivisions 5 through 9 if the commissioner meets 51.10 the conditions in paragraph (b). A design-build contract may 51.11 provide the architectural, engineering, and related design 51.12 services as well as the labor, materials, supplies, equipment, 51.13 and construction services for a project. A design-build 51.14 contract may include telecommunications cabling but must not 51.15 include acquisition of personal property related to the 51.16 operations of the occupants. The commissioner may make changes 51.17 to the project without invalidating the design-build contract. 51.18 (b) The commissioner shall, for each project for which the 51.19 commissioner intends to use the design-build method, make a 51.20 written determination that it is in the best interest of the 51.21 state to use the design-build method to complete the project. 51.22 In making this determination, the commissioner shall use the 51.23 following criteria as the minimum basis for the determination: 51.24 (1) the extent to which the project requirements can be 51.25 adequately defined in a request for proposal before completing 51.26 the design process; 51.27 (2) the suitability of the delivery method with respect to 51.28 scope, schedule, cost, and quality factors; 51.29 (3) the suitability of the delivery method to minimize 51.30 life-cycle costs to the extent available within the project 51.31 budget; 51.32 (4) the suitability of the delivery method to efficiently 51.33 achieve functionality requirements; 51.34 (5) the impact of the project schedule on the agency's 51.35 delivery of services and project cost; 51.36 (6) the resources of the department of administration to 52.1 manage the project through employment of experienced personnel 52.2 or hiring of consultants; 52.3 (7) the resources of the department of administration to 52.4 oversee the project with persons who are familiar and 52.5 experienced with the design-build method of project delivery or 52.6 similar experience; and 52.7 (8) other criteria that the commissioner deems relevant and 52.8 that are included in the written determination. 52.9 (c) The authority and duties prescribed for the board, the 52.10 commissioner, and department of administration under this 52.11 section are granted to and must be performed by the board of 52.12 regents of the university of Minnesota and the board of trustees 52.13 of the Minnesota state colleges and universities on projects 52.14 under their control. 52.15 Subd. 2. [LICENSING REQUIREMENTS.] (a) Each design-builder 52.16 shall be, employ, or have as a partner, member, coventurer, or 52.17 subcontractor, persons duly licensed, certified, or registered 52.18 to provide the services required to complete the project and do 52.19 business in this state. 52.20 (b) A design-builder may contract with the commissioner to 52.21 provide professional or construction services that the 52.22 design-builder is not itself licensed, certified, registered, or 52.23 qualified to perform, so long as the design-builder provides the 52.24 services through subcontracts with duly licensed, certified, or 52.25 registered, or otherwise qualified persons in accordance with 52.26 this section. 52.27 (c) Nothing in this section authorizing design-build 52.28 contracts is intended to limit or eliminate the responsibility 52.29 or liability owed by a professional on a design-build project to 52.30 the state or other third parties under existing law. The design 52.31 service portion of a design-build contract is considered a 52.32 service and not a product. 52.33 Subd. 3. [UNIVERSITY OF MINNESOTA AND MINNESOTA STATE 52.34 COLLEGES AND UNIVERSITIES SELECTION PROCESS.] (a) The board of 52.35 regents of the university of Minnesota and the board of trustees 52.36 of the Minnesota state colleges and universities shall select 53.1 design-builders for all design-build projects under their 53.2 supervision and control and funded by the state following the 53.3 procedures and performing the duties prescribed for the board 53.4 and commissioner in subdivisions 5 through 9. The board of 53.5 regents and the board of trustees shall either use the board or 53.6 establish an evaluation team of at least seven persons to 53.7 evaluate and recommend design-builders under this section to 53.8 include three persons selected as provided in paragraph (b). 53.9 The final selection must be made by the board of regents or the 53.10 board of trustees. 53.11 (b) Upon written request from the board of regents or the 53.12 board of trustees, each of the following three organizations 53.13 shall nominate one individual whose name and qualifications must 53.14 be submitted to the board of trustees for consideration: the 53.15 Consulting Engineers Council of Minnesota after consultation 53.16 with other professional engineering societies in the state; the 53.17 AIA Minnesota; and the Minnesota chapter of the Associated 53.18 General Contractors after consultation with other commercial 53.19 contractor associations in the state. The board of regents or 53.20 the board of trustees may appoint the three named individuals to 53.21 the evaluation team or reject a nominated individual and request 53.22 another nomination. The board of regents or the board of 53.23 trustees shall determine the term of the appointment. The other 53.24 members of the evaluation team must be representatives of the 53.25 university of Minnesota or the Minnesota state colleges and 53.26 universities. The interviews are public meetings and a video or 53.27 audio recording of the meetings must be made and is public 53.28 information. The final recommendations and rankings must be in 53.29 writing. 53.30 Subd. 4. [DEVELOPMENT OF DESIGN CRITERIA.] (a) Each 53.31 request for proposals for a design-build contract must contain 53.32 design criteria prepared by a design criteria professional who 53.33 holds licenses or certifications under sections 326.02 to 326.15 53.34 and is either an employee of the state, the university of 53.35 Minnesota, or a consultant hired by the commissioner. If the 53.36 design criteria professional is a consultant hired by the state, 54.1 the licensure requirement may be met by employing individuals 54.2 who hold a license or licenses under sections 326.02 to 326.15. 54.3 The commissioner may elect to designate the board to select the 54.4 consultant in compliance with section 16B.33. 54.5 (b) Design criteria set forth in the request for proposals 54.6 must specify all information needed to adequately describe the 54.7 project, including performance-based criteria such as 54.8 sustainability and life-cycle costing requirements; interior 54.9 space requirements, including adjacency diagrams; material 54.10 quality standards; architectural image and building form 54.11 standards; building air quality requirements; commissioning 54.12 requirements; building burn-in requirements; cost estimates; 54.13 design and construction schedules; site development 54.14 requirements; utility requirements; storm water retention and 54.15 disposal requirements; and parking requirements. If necessary 54.16 to adequately describe the project, the design criteria must 54.17 include a boundary and topographic survey of the site, with the 54.18 legal description and geotechnical and environmental information 54.19 concerning the site. 54.20 (c) There must be an owner's representative for each 54.21 design-build project. The owner's representative must be either 54.22 an employee of the state, university of Minnesota, or a 54.23 consultant hired by the commissioner. Subject to the minimum 54.24 requirements of paragraphs (a) and (b), the commissioner, in 54.25 consultation with the agency, the owner's representative, and 54.26 the design criteria professional, shall determine the scope and 54.27 level of detail required for the design criteria to be included 54.28 in the request for proposals. 54.29 Subd. 5. [SOLICITATION OF PROPOSALS.] (a) The commissioner 54.30 shall prepare a request for proposals, which must contain, at a 54.31 minimum, the following elements: 54.32 (1) the identity of the agency that will utilize the 54.33 completed project; 54.34 (2) the procedures for submitting proposals, the criteria 54.35 for evaluation of proposals and their relative weight for each 54.36 phase, how those criteria will be scored, and the procedures for 55.1 making awards; 55.2 (3) the terms and conditions for the design-build contract; 55.3 (4) the design criteria; 55.4 (5) the qualifications the design builder will be required 55.5 to have; 55.6 (6) a request for a critical path method schedule for 55.7 commencement and completion of the project; 55.8 (7) budget limits for the project; 55.9 (8) affirmative action, disadvantaged businesses, small 55.10 business, or set-aside goals or requirements for the 55.11 design-build contract; 55.12 (9) requirements for insurance, performance and payment 55.13 bonds, bid bonds, and cash deposits; 55.14 (10) a description of the drawings, specifications, or 55.15 other submittals to be submitted with the phase-two proposal, 55.16 with guidance as to the form and level of completeness of the 55.17 drawings, specifications, or submittals that will be acceptable; 55.18 (11) the professional and technical services contract to be 55.19 entered into with the design-builders selected to submit 55.20 phase-two proposals, including scope of work, use of ideas or 55.21 information, and compensation; and 55.22 (12) identification of any other material information 55.23 available from the commissioner or board, including, without 55.24 limitation, surveys, soils reports, drawings or models of 55.25 existing structures, environmental studies, photographs, or 55.26 references to public records. 55.27 (b) The solicitation of request for proposals does not 55.28 obligate the commissioner to enter into a design-build 55.29 contract. In accordance with the stated criteria for evaluating 55.30 proposals, the commissioner may accept or reject any or all 55.31 proposals received as a result of the request. The notification 55.32 of rejection of all proposals must include an explanation for 55.33 all proposals being rejected. The solicitation for proposals 55.34 may be canceled at any time in the commissioner's sole 55.35 discretion if it is considered to be in the state's best 55.36 interest. If the commissioner rejects all proposals or cancels 56.1 the solicitation for proposals, the commissioner may resolicit a 56.2 request for proposals using the same or different requirements 56.3 or request the board to select a designer under section 16B.33 56.4 and proceed with the design-bid-build delivery method. 56.5 Subd. 6. [QUALIFICATION; PHASE-ONE SUBMITTAL.] (a) In 56.6 phase one, the board and commissioner shall evaluate the 56.7 design-build qualifications of the design-builders who responded 56.8 to the request for proposals with phase-one submittals based on 56.9 each design-builder's experience, technical competence, and 56.10 capability to perform; the past performance of the 56.11 design-builder and its employees, quality control organization 56.12 and system, sustainability, and life-cycle costing methodology; 56.13 and other appropriate facts submitted by each design-builder in 56.14 response to the request for proposals all in accordance with the 56.15 weighted criteria that are stated for phase-one evaluations in 56.16 the request for proposals. The phase-one or phase-two 56.17 evaluation of the "past performance" or "experience" of a 56.18 proposer must not include the exercise or assertion of a 56.19 person's legal rights. The board or commissioner may require 56.20 clarifications from design-builders. 56.21 (b) If the project is within the capitol area, the capitol 56.22 area architecture and planning board, as defined in section 56.23 15.50, shall participate in the evaluation of phase-one 56.24 submittals. 56.25 (c) The board shall select to a short list the most 56.26 qualified design-builders that have responded with phase-one 56.27 submittals based on the weighted criteria for phase-one 56.28 evaluations stated in the request for proposals. For projects 56.29 involving only renovation, in the discretion of the 56.30 commissioner, the design-builder may be selected only on the 56.31 phase-one submissions, or after a phase-two submission. For all 56.32 other projects, the board shall prepare a list of at least three 56.33 potential design-builders to submit phase-two proposals. The 56.34 board shall not proceed to obtain phase-two proposals or make a 56.35 selection, as applicable, unless it receives phase-one 56.36 submittals from at least three qualified design-builders. If 57.1 the board receives fewer than three phase-one submittals from 57.2 qualified design-builders, the commissioner may cancel the 57.3 solicitation for proposals, revise the request for proposals, 57.4 and solicit new proposals or request the board to select a 57.5 designer under section 16B.33 and proceed with the 57.6 design-bid-build delivery method. 57.7 (d) The commissioner shall enter into the professional and 57.8 technical services contract included in the request for 57.9 proposals with each of the design-builders qualified by the 57.10 board to submit phase-two proposals. 57.11 Subd. 7. [PHASE-TWO PROPOSALS.] (a) The professional and 57.12 technical services contract with the design-builders selected to 57.13 submit phase-two proposals provided in the request for proposals 57.14 must require at least the following: 57.15 (1) preliminary plans and specifications, renderings, and 57.16 models as may be required in the request for proposals in 57.17 sufficient detail, to describe the character, quality, and scope 57.18 of the project; 57.19 (2) a design and construction schedule; 57.20 (3) the all-inclusive fixed price at which the 57.21 design-builder will complete the project if the phase-two 57.22 proposal is accepted, including a total development cost budget 57.23 in detail by building component with all soft costs, allowances, 57.24 and design fees; and 57.25 (4) other materials the board or commissioner determines 57.26 are necessary to fix the design, schedule, and cost of the 57.27 project. 57.28 (b) Phase-two proposals must be sealed and may not be 57.29 opened until expiration of the time established for making 57.30 proposals as set forth in the request for proposals. 57.31 (c) Phase-two proposals must identify each person with whom 57.32 the design-builder proposes to enter into subcontracts for 57.33 primary design and construction obligations under the 57.34 design-build contract. Persons so identified may not be 57.35 replaced without the approval of the commissioner, or the award 57.36 may be revoked. 58.1 (d) The design-builder must submit a written statement that 58.2 the phase-two proposal meets all requirements of the request for 58.3 proposals. 58.4 (e) The commissioner may require each design-builder to 58.5 submit with its phase-one or phase-two proposal, as applicable, 58.6 a cash deposit or bid bond in the amount of five percent of the 58.7 budget for the design-build contract. If the phase-one or 58.8 phase-two proposal, as applicable, is accepted but the 58.9 design-builder fails to execute the design-build contract, the 58.10 deposit or bond is forfeited to the extent allowable under law, 58.11 including the cost to the state of delays, resolicitation, and 58.12 other results of the failure of the selected design-builder to 58.13 enter into the design-build contract. 58.14 Subd. 8. [STIPULATED FEE.] The commissioner may award a 58.15 stipulated fee not less than two-tenths of one percent of the 58.16 department's estimated cost of design and construction to each 58.17 short-listed, responsible proposer who provides a responsive but 58.18 unsuccessful proposal. If the commissioner does not award a 58.19 contract, all short-listed proposers may receive the stipulated 58.20 fee. If the commissioner cancels the contract before reviewing 58.21 the technical proposals, the commissioner may award each 58.22 design-builder on the short list a stipulated fee of not less 58.23 than two-tenths of one percent of the commissioner's estimated 58.24 cost of design and construction. The commissioner shall pay the 58.25 stipulated fee, if any, to each proposer within 90 days after 58.26 the award of the contract or the decision not to award a 58.27 contract. In consideration for paying the stipulated fee, the 58.28 commissioner may use any ideas or information contained in the 58.29 proposals in connection with any contract awarded for the 58.30 project or in connection with a subsequent procurement, without 58.31 any obligation to pay any additional compensation to the 58.32 unsuccessful proposers. Notwithstanding the other provisions of 58.33 this subdivision, an unsuccessful short-list proposer may elect 58.34 to waive the stipulated fee. If an unsuccessful short-list 58.35 proposer elects to waive the stipulated fee, the commissioner 58.36 may not use ideas and information contained in that proposer's 59.1 proposal. Upon the request of the commissioner, a proposer who 59.2 waived a stipulated fee may withdraw the waiver, in which case 59.3 the commissioner shall pay the stipulated fee, if any, to the 59.4 proposer and thereafter may use ideas and information in the 59.5 proposer's proposal. 59.6 Subd. 9. [DESIGN-BUILDER SELECTION.] (a) After obtaining 59.7 and evaluating proposals from each design-builder according to 59.8 the criteria and procedures in the request for proposals, the 59.9 board shall rank the phase-one or phase-two proposals, as 59.10 applicable, and select the proposal that is rated the highest 59.11 based on the weighted evaluation criteria in the request for 59.12 proposal. The board or commissioner may require clarifications 59.13 from design-builders during the evaluation process. Selection 59.14 according to this method may result in an award not being made 59.15 to the lowest cost proposal. 59.16 (b) If the project is within the capitol area, the capitol 59.17 area architectural and planning board shall participate in the 59.18 evaluation of phase-two proposals. 59.19 Subd. 10. [AWARD OF DESIGN-BUILD CONTRACT.] If the 59.20 commissioner decides not to reject all proposals, the 59.21 commissioner shall award and enter into the design-build 59.22 contract with the design-builder that submitted the phase-one or 59.23 phase-two proposal, as applicable, rated highest based on the 59.24 weighted evaluation criteria as evaluated under the request for 59.25 qualifications or request for proposals as applicable. 59.26 Subd. 11. [EXPIRATION.] This section expires January 1, 59.27 2004. 59.28 Sec. 42. Minnesota Statutes 2000, section 85.019, 59.29 subdivision 4a, is amended to read: 59.30 Subd. 4a. [NATURAL AND SCENIC AREAS.] The commissioner 59.31 shall administer a program to provide grants to units of 59.32 government and school districts for the acquisition and 59.33 betterment of natural and scenic areas such as blufflands, 59.34 prairies, shorelands, wetlands, and wooded areas. A grant may 59.35 not exceed 50 percent or $500,000, whichever is less, of the 59.36 costs of acquisition and betterment of land acquired under this 60.1 subdivision. The commissioner shall make payment to a unit of 60.2 government upon receiving documentation of reimbursable 60.3 expenditures. 60.4 Sec. 43. Minnesota Statutes 2000, section 85.019, 60.5 subdivision 4c, is amended to read: 60.6 Subd. 4c. [ LOCALTRAIL CONNECTIONS.] The commissioner 60.7 shall administer a program to provide grants to units of 60.8 government for up to 50 percent of the costs ofacquisition and 60.9 betterment of public land and improvements needed for trails 60.10 that connect communities, trails, and parks and thereby increase 60.11 the effective length of trail experiences. Recipients must 60.12 provide a nonstate cash match of at least one-half of total 60.13 eligible project costs. If land used for the trails is not in 60.14 full public ownership, then the recipients must prove it is 60.15 dedicated to the purposes of the grants for at least 20 60.16 years. The commissioner shall make payment to a unit of 60.17 government upon receiving documentation of reimbursable 60.18 expenditures. A unit of government may enter into a lease or 60.19 management agreement for the trail, subject to section 16A.695. 60.20 Sec. 44. Minnesota Statutes 2000, section 103F.205, 60.21 subdivision 1, is amended to read: 60.22 Subdivision 1. [APPLICABILITY.] The definitions in this 60.23 section apply to sections 103F.201 to 103F.221103F.225. 60.24 Sec. 45. [103F.225] [SHORELAND PROTECTION PROGRAM.] 60.25 Subdivision 1. [ESTABLISHMENT.] The board of water and 60.26 soil resources shall establish a program to acquire conservation 60.27 easements in environmentally sensitive lake and river shoreland 60.28 areas from private landowners. The board may award grants to 60.29 local soil and water conservation districts and participating 60.30 local units of government to accomplish the purposes of the 60.31 program. The board shall coordinate the acquisition of lake and 60.32 river shoreland conservation easements with shoreland protection 60.33 and enhancement activities of the commissioner of natural 60.34 resources, the pollution control agency, and other public and 60.35 private entities. 60.36 Subd. 2. [LOCAL ACQUISITION CRITERIA.] A participating 61.1 soil and water conservation district or local unit of government 61.2 must establish a working group of interested individuals. The 61.3 working groups, along with the county board and the soil and 61.4 water conservation district, must develop criteria for 61.5 acquisition of lake and river shoreland conservation easements 61.6 and the preservation and enhancement of degraded or eroded 61.7 shoreland. 61.8 Subd. 3. [USE OF GRANTS.] The board, a participating soil 61.9 and water conservation district, or local unit of government may 61.10 use a grant for the acquisition of shoreland conservation 61.11 easements. The grant may be up to 100 percent of the cost of 61.12 acquisition of the easement. A conservation easement, as 61.13 defined in section 84C.01, must be permanent and is subject to 61.14 applicable provisions relating to easement acquisition in 61.15 section 103F.515, subdivisions 3 to 6, 8 and 9, except the 61.16 easement may be held by the board, a local unit of government, 61.17 or a soil and water conservation district. Section 273.117 61.18 applies to conservation easements acquired under this section. 61.19 Subd. 4. [CONSERVATION PLAN; GRANT PRIORITY.] (a) An 61.20 entity applying for a grant to acquire a shoreland conservation 61.21 easement under this section, must prepare a conservation plan 61.22 for the area subject to the easement to provide for the 61.23 preservation and enhancement of the natural shoreline. The 61.24 conservation plan shall also include information on identified 61.25 and committed funding sources to implement the plan. 61.26 (b) The board shall give priority for grants based on: 61.27 (1) the environmental sensitivity of the shoreland; 61.28 (2) the need for preservation and enhancement of the 61.29 shoreland due to existing degradation and erosion; and 61.30 (3) the extent that funding, including in-kind 61.31 contributions, has been committed to implement the conservation 61.32 plan. 61.33 Subd. 5. [EXPIRATION.] This section expires June 30, 2004. 61.34 Sec. 46. [116J.431] [GREATER MINNESOTA BUSINESS 61.35 DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM.] 61.36 Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The 62.1 commissioner shall make grants to cities to provide up to 50 62.2 percent of the capital costs of public infrastructure necessary 62.3 for an eligible economic development project. The city 62.4 receiving a grant must provide for the remainder of the costs of 62.5 the project, either in cash or in kind. In-kind contributions 62.6 may include the value of site preparation other than the public 62.7 infrastructure needed for the project. 62.8 For purposes of this section, "city" means a statutory or 62.9 home rule charter city located outside the metropolitan area, as 62.10 defined in section 473.121, subdivision 2. 62.11 "Public infrastructure" means publicly owned physical 62.12 infrastructure necessary to support economic development 62.13 projects, including, but not limited to, sewers, water supply 62.14 systems, utility extensions, streets, wastewater treatment 62.15 systems, stormwater management systems, and facilities for 62.16 pretreatment of wastewater to remove phosphorus. 62.17 The purpose of the grants is to keep or enhance jobs in the 62.18 area, increase the tax base, or to expand or create new economic 62.19 development. 62.20 Subd. 2. [ELIGIBLE PROJECTS.] An economic development 62.21 project for which a city may be eligible to receive a grant 62.22 under this section includes: 62.23 (1) manufacturing; 62.24 (2) technology; 62.25 (3) warehousing and distribution; 62.26 (4) research and development; 62.27 (5) agricultural processing, defined as transforming, 62.28 packaging, sorting, or grading livestock or livestock products 62.29 into goods that are used for intermediate or final consumption, 62.30 including goods for nonfood use; or 62.31 (6) industrial park development that would be used by any 62.32 other business listed in this subdivision. 62.33 Subd. 3. [INELIGIBLE PROJECTS.] The following projects are 62.34 not eligible for a grant under this section: 62.35 (1) retail development; or 62.36 (2) office space development, except as incidental to an 63.1 eligible purpose. 63.2 Subd. 4. [APPLICATION.] The commissioner must develop 63.3 forms and procedures for soliciting and reviewing applications 63.4 for grants under this section. At a minimum, a city must 63.5 include in its application a resolution of the city council 63.6 certifying that the required local match is available. The 63.7 commissioner must evaluate complete applications for eligible 63.8 projects using the following criteria: 63.9 (1) the project is an eligible project as defined under 63.10 subdivision 2; 63.11 (2) the project will result in substantial public and 63.12 private capital investment and provide substantial economic 63.13 benefit to the city in which the project would be located; 63.14 (3) the project is not relocating substantially the same 63.15 operation from another location in the state, unless the 63.16 commissioner determines the project cannot be reasonably 63.17 accommodated within the city in which the business is currently 63.18 located, or the business would otherwise relocate to another 63.19 state; and 63.20 (4) the project will create or maintain full-time jobs. 63.21 The determination of whether to make a grant for a site is 63.22 within the discretion of the commissioner, subject to this 63.23 section. The commissioner's decisions and application of the 63.24 priorities are not subject to judicial review, except for abuse 63.25 of discretion. 63.26 Subd. 5. [SET ASIDES.] (a) During the first two years of 63.27 the program, $2,000,000, must be used only for grants to cities 63.28 with a population of less than 5,000. 63.29 (b) Twenty percent of the amount available must be used 63.30 only for grants for industrial park developments. 63.31 Subd. 6. [MAXIMUM GRANT AMOUNT.] A city may receive no 63.32 more than $1,000,000 in two years for one or more projects. 63.33 Subd. 7. [CANCELLATION OF GRANT; RETURN OF GRANT 63.34 MONEY.] If after five years, the commissioner determines that a 63.35 project has not proceeded in a timely manner and is unlikely to 63.36 be completed, the commissioner must cancel the grant and require 64.1 the grantee to return all grant money awarded for that project. 64.2 For industrial park development projects, if after five years 64.3 the industrial park is not developed and available for business 64.4 use, the commissioner must cancel the grant and require the 64.5 grantee to return all grant money for that project. If the 64.6 industrial park is developed and available for use within five 64.7 years, but no businesses have located in the park, the grantee 64.8 is not required to return any grant money. 64.9 Subd. 8. [APPROPRIATION.] Grant money returned to the 64.10 commissioner is appropriated to the commissioner to make 64.11 additional grants under this section. 64.12 Sec. 47. [116J.571] [CREATION OF ACCOUNTS.] 64.13 Two greater Minnesota redevelopment accounts are created, 64.14 one in the general fund and one in the bond proceeds fund. 64.15 Money in the accounts may be used to make grants as provided in 64.16 section 116J.575. Money in the bond proceeds fund may only be 64.17 used for eligible costs for publicly owned property. Money in 64.18 the general fund may be used to pay for the commissioner's costs 64.19 in reviewing the applications. 64.20 Sec. 48. [116J.572] [DEFINITIONS.] 64.21 Subdivision 1. [SCOPE OF APPLICATION.] For purposes of 64.22 sections 116J.571 to 116J.575, the terms in this section have 64.23 the meanings given. 64.24 Subd. 2. [DEVELOPMENT AUTHORITY.] "Development authority" 64.25 includes a statutory or home rule charter city, county, housing 64.26 and redevelopment authority, economic development authority, or 64.27 port authority located outside the seven-county metropolitan 64.28 area, as defined in section 473.121, subdivision 2. 64.29 Subd. 3. [ELIGIBLE COSTS OR COSTS.] "Eligible costs" or 64.30 "costs" means the costs of land acquisition, stabilizing 64.31 unstable soils, demolition, infrastructure improvements, ponding 64.32 or other environmental infrastructure; building construction, 64.33 design and engineering; and adaptive reuse of buildings. 64.34 Eligible costs do not include project administration and legal 64.35 fees. 64.36 Subd. 4. [REDEVELOPMENT.] "Redevelopment" means recycling 65.1 obsolete, abandoned, or underutilized properties for new 65.2 industrial, commercial, or residential uses. 65.3 Sec. 49. [116J.573] [CRITERIA FOR ACCOUNTS AND PROJECTS.] 65.4 Subdivision 1. [ACCOUNTS.] Criteria for use of the 65.5 accounts created in section 116J.571 must be consistent with and 65.6 promote the purposes of sections 116J.571 to 116J.575. They 65.7 include, but are not limited to: 65.8 (1) creating and preserving living wage jobs in greater 65.9 Minnesota; 65.10 (2) creating incentives for communities to include a full 65.11 range of housing opportunities; 65.12 (3) creating incentives for all communities to implement 65.13 compact, efficient, and mixed-use development; and 65.14 (4) creating incentives to assist communities in 65.15 maintaining a unique sense of place by preserving local, 65.16 cultural assets. 65.17 Subd. 2. [PROJECTS.] To be eligible for funding by the 65.18 greater Minnesota redevelopment account, a project must: 65.19 (1) interrelate redevelopment with other public investments 65.20 in transportation, housing, schools, energy, utilities 65.21 information infrastructure, and other public services; 65.22 (2) interrelate affordable housing and employment growth 65.23 areas; 65.24 (3) intensify land use that leads to more compact 65.25 redevelopment; 65.26 (4) involve redevelopment that mixes incomes of residents 65.27 in housing, including introducing or reintroducing higher value 65.28 housing in lower income areas to achieve a mix of housing 65.29 opportunities; 65.30 (5) involve participation from citizens and the business 65.31 community in the planning and development of the proposed 65.32 redevelopment plan; 65.33 (6) encourage public infrastructure investments which 65.34 attract private sector redevelopment investment in commercial, 65.35 industrial, and residential properties adjacent to public 65.36 improvements, and provide project area residents with expanded 66.1 opportunities for private sector employment; or 66.2 (7) be sustainable at the local level and reduce the 66.3 probability of future requests for state development, 66.4 maintenance, or replacement assistance. 66.5 Subd. 3. [OTHER FACTORS.] The factors listed in 66.6 subdivisions 1 and 2 are not ranked in order of priority. 66.7 Rather, the commissioner may weigh each factor depending upon 66.8 the facts and circumstances as the commissioner considers 66.9 appropriate. The commissioner may consider other factors 66.10 including, but not limited to, blight reduction, community 66.11 stabilization, and property tax base maintenance or improvement. 66.12 Subd. 4. [PARTNERSHIPS.] The commissioner shall give 66.13 priority to proposals using innovative financial partnerships 66.14 between government, private for-profit, and nonprofit sectors as 66.15 well as to proposals that meet current tax increment financing 66.16 requirements for a redevelopment district and contribute tax 66.17 increment financing towards the project. 66.18 Subd. 5. [ANNUAL REPORT.] The commissioner shall prepare 66.19 and submit to the legislature an annual report on the greater 66.20 Minnesota redevelopment account. The report must include 66.21 information on the amount of money in the account, the amount 66.22 distributed, to whom the grants were distributed and for what 66.23 purposes, and an evaluation of the effectiveness of the projects 66.24 funded in meeting the policies and goals of the program. 66.25 Sec. 50. [116J.574] [GRANT APPLICATIONS.] 66.26 Subdivision 1. [APPLICATION REQUIRED.] To obtain a grant, 66.27 a development authority shall apply to the commissioner. 66.28 Subd. 2. [REQUIRED CONTENT.] The commissioner shall 66.29 prescribe and provide the application form. The application 66.30 must include at least the following information: 66.31 (1) identification of the site; 66.32 (2) a detailed budget, including necessary supporting 66.33 evidence, of the total costs for the site including the total 66.34 eligible redevelopment costs; 66.35 (3) a complete redevelopment plan, including any specific 66.36 commitments from third parties to construct improvements on the 67.1 site; 67.2 (4) a complete financing plan, including the manner in 67.3 which the development authority uses innovative financial 67.4 partnerships between government, private for-profit, and 67.5 nonprofit sectors; and 67.6 (5) any additional information or material that the 67.7 commissioner prescribes. 67.8 Sec. 51. [116J.575] [GRANTS.] 67.9 Subdivision 1. [COMMISSIONER DISCRETION.] The commissioner 67.10 may make a grant for up to 50 percent of the eligible costs of a 67.11 project. The determination of whether to make a grant for a 67.12 site is within the discretion of the commissioner, subject to 67.13 this section and sections 116J.571 to 116J.574 and available 67.14 unencumbered money in the greater Minnesota redevelopment 67.15 account. The commissioner's decisions and application of the 67.16 priorities under this section are not subject to judicial 67.17 review, except for abuse of discretion. 67.18 Subd. 2. [APPLICATION CYCLES.] In making grants, the 67.19 commissioner shall establish semiannual application deadlines in 67.20 which grants will be authorized from all or part of the 67.21 available money in the account. 67.22 Sec. 52. Minnesota Statutes 2000, section 134.45, 67.23 subdivision 5, is amended to read: 67.24 Subd. 5. [QUALIFICATION.] A public library jurisdiction 67.25 may apply for a grant in an amount up to $150,000 or 50 percent 67.26 of the approved costs of removing architectural barriers from a 67.27 building or site, whichever is less. Grants may be made only 67.28 for projects in existing buildings used as a library, or to 67.29 prepare another existing building for use as a 67.30 library. Renovation of an existing building may include an 67.31 addition to the building if the additional space is necessary to 67.32 provide accessibility or if relocating public spaces to the 67.33 ground level provides improved overall accessibility. Grants 67.34 must not be used to pay part of the cost of meeting 67.35 accessibility requirements in a new building. 67.36 Sec. 53. Minnesota Statutes 2000, section 135A.046, 68.1 subdivision 2, is amended to read: 68.2 Subd. 2. [STANDARDS.] Capital budget expenditures for 68.3 Higher Education Asset Preservation and Replacement (HEAPR) 68.4 projects must be for one or more of the following: code 68.5 compliance including health and safety, Americans with 68.6 Disabilities Act requirements, hazardous material abatement, 68.7 access improvement, or air quality improvement; or building or 68.8 infrastructure repairs necessary to preserve the interior and 68.9 exterior of existing buildings; or renewal to support the 68.10 existing programmatic mission of the campuses. Up to ten 68.11 percent of an appropriation awarded under this section may be 68.12 used for design costs for projects eligible to be funded from 68.13 this account in anticipation of future funding from the account. 68.14 Sec. 54. Minnesota Statutes 2000, section 136F.60, 68.15 subdivision 1, is amended to read: 68.16 Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY ; STATE68.17 UNIVERSITIES.] The board may purchase property adjacent to or in 68.18 the vicinity of the campuses as necessary for the development of 68.19 a state college or university. Before taking action, the board 68.20 shall consult with the chairs of the senate finance committee 68.21 and the house ways and means committee about the proposed 68.22 action. The board shall explain the need to acquire property, 68.23 specify the property to be acquired, and indicate the source and 68.24 amount of money needed for the acquisition. The amount needed 68.25 may be spent from sums previously appropriated for purposes of 68.26 the state colleges and universities, including, but not limited 68.27 to, general fund appropriations for instructional or 68.28 noninstructional expenditures, general fund appropriations 68.29 carried forward, or state college and university activity fund 68.30 appropriations. The board may pay relocation costs, at its 68.31 discretion, when acquiring property. 68.32 Sec. 55. [174.52] [LOCAL ROAD IMPROVEMENT FUND.] 68.33 Subdivision 1. [FUND CREATED.] A local road improvement 68.34 fund is created in the state treasury. The fund consists of 68.35 money transferred to the fund through appropriation, gift, or 68.36 grant. 69.1 Subd. 2. [TRUNK HIGHWAY CORRIDOR PROJECTS ACCOUNT.] A 69.2 trunk highway corridor projects account is established in the 69.3 local road improvement fund. Money in the account is annually 69.4 appropriated to the commissioner of transportation for 69.5 expenditure as specified in this section. Money in the account 69.6 must be used as grants or loans to statutory or home rule 69.7 charter cities, towns, and counties to assist in paying the 69.8 local share of trunk highway projects that have local costs that 69.9 are directly or partially related to the trunk highway 69.10 improvement and that are not funded or are only partially funded 69.11 with other state and federal funds. The commissioner shall 69.12 determine the amount of the local share of costs eligible for 69.13 assistance from the account. 69.14 Subd. 3. [ADVISORY COMMITTEE.] The commissioner shall 69.15 establish an advisory committee consisting of five members, 69.16 including: 69.17 (1) one county commissioner; 69.18 (2) one county engineer; 69.19 (3) one city engineer; 69.20 (4) one city council member or city administrator 69.21 representing a city with a population over 5,000; and 69.22 (5) one city council member or city administrator 69.23 representing a city with a population under 5,000. The advisory 69.24 committee shall provide recommendations to the commissioner 69.25 regarding expenditures from the trunk highway corridor projects 69.26 account. 69.27 Subd. 4. [LOCAL ROAD ACCOUNT FOR ROUTES OF REGIONAL 69.28 SIGNIFICANCE.] A local road account for routes of regional 69.29 significance is established in the local road improvement fund. 69.30 Money in the account is annually appropriated to the 69.31 commissioner of transportation for expenditure as specified in 69.32 this section. Money in the account must be used as grants or 69.33 loans to statutory or home rule charter cities, towns, and 69.34 counties to assist in paying the costs of constructing or 69.35 reconstructing city streets, county highways, or town roads with 69.36 statewide or regional significance that has not been fully 70.1 funded through other state, federal, or local funding sources. 70.2 Subd. 5. [GRANT PROCEDURES AND CRITERIA.] The commissioner 70.3 shall establish procedures for statutory or home rule charter 70.4 cities, towns, and counties to apply for grants or loans from 70.5 the fund and criteria to be used to select projects for funding. 70.6 The commissioner shall establish these procedures and criteria 70.7 in consultation with representatives appointed by the 70.8 association of Minnesota counties, league of Minnesota cities, 70.9 and Minnesota township officers association. The criteria for 70.10 determining project priority and the amount of a grant or loan 70.11 must be based upon consideration of: 70.12 (1) the availability of other state, federal, and local 70.13 funds; 70.14 (2) the regional significance of the route; 70.15 (3) effectiveness of the proposed project in eliminating a 70.16 transportation system deficiency; 70.17 (4) the number of persons who will be positively impacted 70.18 by the project; 70.19 (5) the project's contribution to other local, regional, or 70.20 state economic development or redevelopment efforts; and 70.21 (6) ability of the local unit of government to adequately 70.22 provide for the safe operation and maintenance of the facility 70.23 upon project completion. 70.24 Subd. 6. [ADMINISTRATIVE COSTS.] A sum of 0.25 percent of 70.25 the total amount in the fund, other than amounts deposited in 70.26 the fund from the proceeds from the sale of state bonds, is 70.27 available to be used for administrative costs incurred by the 70.28 department in carrying out the provisions of this section. 70.29 Sec. 56. Minnesota Statutes 2000, section 240A.02, 70.30 subdivision 1, is amended to read: 70.31 Subdivision 1. [MEMBERSHIP; COMPENSATION; CHAIR.] (a) The 70.32 Minnesota amateur sports commission consists of 1214 voting 70.33 members, four of whom must be experienced in promoting amateur 70.34 sports. NineOf the voting members, nine shall be appointed by 70.35 the governor and two shall be appointed by the commission to 70.36 three-year terms. Of the total commission membership, including 71.1 voting and nonvoting members, one member must reside in each of 71.2 the state's congressional districts. Four legislators, two from 71.3 each house appointed according to its rules, shall be nonvoting 71.4 members. One member from each house shall be from the minority 71.5 caucus. Compensation and removal of members and the filling of 71.6 membership vacancies are as provided in section 15.0575. A 71.7 member may be reappointed. The governor shall appoint the chair 71.8 of the commission after consideration of the commission's 71.9 recommendation. 71.10 (b) The governor, speaker of the house of representatives, 71.11 and senate majority leader shall each appoint one additional 71.12 voting member to the commission to a two-year term. The purpose 71.13 of adding three members to the commission is to ensure gender 71.14 balance in commission membership. Compensation, removal, and 71.15 filling of vacancies of members appointed under this paragraph 71.16 are as provided in section 15.0575. A member appointed under 71.17 this paragraph may be reappointed. 71.18 Sec. 57. [383B.158] [DESIGN-BUILD CONTRACTS.] 71.19 Subdivision 1. [DEFINITIONS.] (a) In sections 383B.158 to 71.20 383B.1586, the definitions in this subdivision apply. 71.21 (b) "Best value" describes a result intended in acquiring 71.22 design-build services. Best value determination must include 71.23 price and must measure a responder's qualifications, experience, 71.24 prior performance, and responses to technical and qualitative 71.25 criteria. 71.26 (c) "County board" means the Hennepin county board of 71.27 commissioners. 71.28 (d) "Designer selection committee" means the designer 71.29 selection committee appointed by the county to advise the county 71.30 administrator and county board in preparing and conducting the 71.31 design-build selection process. At least three members of the 71.32 committee must be individuals who are not county employees, a 71.33 minimum of two members must be professionally licensed under 71.34 chapter 326, and at least one must be or must have been a 71.35 commercial contractor. No committee member shall have personal 71.36 financial interest in the project or with any of the 72.1 design-build proposals. 72.2 (e) "Design-build contract" means a single contract between 72.3 the county and a design-builder to furnish the architectural, 72.4 engineering, and related design services as well as the labor, 72.5 materials, supplies, equipment, and construction services for a 72.6 project. 72.7 (f) "Design-build firm" means a proprietorship, 72.8 partnership, limited liability partnership, joint venture, 72.9 corporation, or any type of limited liability company, 72.10 professional corporation, or any legal entity. 72.11 (g) "Design-builder" means the design-build firm that 72.12 proposes to design and build a project governed by the 72.13 procedures of this section. 72.14 (h) "Design professional" means a person who holds or 72.15 employs individuals who hold a license under chapter 326 and who 72.16 is required to be registered under Minnesota law. 72.17 (i) "Project" means an undertaking for the county to 72.18 design, construct, erect, or remodel a building or facility, or 72.19 to design, construct, or reconstruct a county road, bridge, or 72.20 other infrastructure relating to a county roadway. 72.21 (j) "Proposal" means an offer by a design-builder to enter 72.22 into a design-build contract for a project in response to a 72.23 request for proposals, including a phase-one or phase-two 72.24 proposal. 72.25 (k) "Request for proposals" or "RFP" means the document or 72.26 publication through which the county solicits proposals from 72.27 prequalified design-builders to design and construct a 72.28 design-build project. 72.29 (l) "Request for qualifications" or "RFQ" means a document 72.30 to prequalify and short-list potential design-builders for a 72.31 project. 72.32 Subd. 2. [AUTHORITY.] Notwithstanding section 471.345 or 72.33 any other law to the contrary, the county board may solicit and 72.34 award a design-build contract for a project on the basis of a 72.35 best value selection process as provided in this section. 72.36 Subd. 3. [RESTRICTION.] (a) The authority granted in 73.1 sections 383B.158 to 383B.1586 shall be to evaluate the 73.2 effectiveness of the design-build process for a county project. 73.3 (b) The board may not enter into a design-build contract 73.4 under this section unless the county has as employees at least 73.5 one of each of the following, each of whom must be licensed and 73.6 registered under state law: an architect, a mechanical 73.7 engineer, and a civil engineer. In addition, the county must 73.8 employ a full-time project manager with at least five years of 73.9 construction management experience. 73.10 Subd. 4. [PROCEDURES.] (a) The county board shall, by 73.11 resolution, adopt implementation procedures consistent with this 73.12 section for the award of design-build contracts. 73.13 (b) The implementation procedures must, at a minimum, 73.14 govern: 73.15 (1) the establishment of a designer selection committee 73.16 appointed by the county to advise the county administrator and 73.17 the county board in preparing and conducting the design-build 73.18 selection process, including a recommendation for the selection 73.19 of a design-build proposal it considers to be of best value to 73.20 the public; 73.21 (2) preparing requests for proposals, including procedures 73.22 for determining the appropriate content for each request for 73.23 proposal; 73.24 (3) standards to be used to qualify or prequalify 73.25 design-builders; 73.26 (4) preparing and submitting proposals; 73.27 (5) establishing procedures for evaluating proposals in as 73.28 objective a manner as possible; 73.29 (6) establishing safeguards to preserve confidential 73.30 information and proprietary information supplied by those 73.31 submitting proposals including, but not limited to, an offeror's 73.32 price, technical solutions, innovative or unique technology, and 73.33 innovative or unique use of commercially available items; and 73.34 (7) awarding and executing design-build contracts. 73.35 Subd. 5. [LICENSING REQUIREMENTS.] (a) A design-builder 73.36 must be licensed and registered to provide the services required 74.1 to complete the project and do business in this state. 74.2 (b) A design-builder may enter into a contract with the 74.3 county to provide professional or construction services that the 74.4 design-builder is not licensed, registered, or qualified to 74.5 perform, so long as the design-builder provides the services 74.6 through subcontracts with licensed, registered, or otherwise 74.7 qualified persons in accordance with this section. 74.8 (c) This section does not intend to limit or eliminate the 74.9 responsibility or liability owed by a professional on a 74.10 design-build project to the county or other parties under other 74.11 law. 74.12 Sec. 58. [383B.1581] [DESIGN-BUILD PROCESS.] 74.13 Subdivision 1. [TWO-PHASE PROCEDURE.] If the county board 74.14 determines that the design-build best value method of project 74.15 delivery is appropriate for a project, the county board shall 74.16 establish a two-phase procedure for awarding the design-build 74.17 contract. 74.18 Subd. 2. [CONTENTS.] The county, after considering 74.19 recommendations from the designer selection committee, shall 74.20 prepare or have prepared an RFQ. The RFQ must include the 74.21 following: 74.22 (1) the minimum qualifications of design-builders necessary 74.23 to meet the requirements for acceptance; 74.24 (2) a scope of work statement and schedule; 74.25 (3) documents defining the project requirements; 74.26 (4) the form of contract to be awarded; 74.27 (5) the weighted selection criteria for compiling a short 74.28 list and the number of firms to be included in the short list, 74.29 which must be at least two but not more than five; 74.30 (6) a description of the request for proposals (RFP) 74.31 requirements; 74.32 (7) the maximum time allowed for design and construction; 74.33 (8) the county board's estimated cost range of design and 74.34 construction; 74.35 (9) requirements for construction experience, design 74.36 experience, financial, personnel, and equipment resources 75.1 available from potential design-builders for the project and 75.2 experience in other design-build projects or similar projects, 75.3 provided that these requirements may not unduly restrict 75.4 competition; and 75.5 (10) a statement that "past performance" or "experience" 75.6 does not include the exercise or assertion of a person's legal 75.7 rights. 75.8 Subd. 3. [EVALUATION.] (a) The county shall solicit and 75.9 evaluate proposals and select a design-builder in two phases. 75.10 (b) In phase one, the county board, after considering the 75.11 recommendations from the designer selection committee, shall 75.12 adopt a short list of at least two but no more than five of the 75.13 most highly qualified firms in accordance with qualifications 75.14 criteria described in the RFQ. Prior to adoption of the short 75.15 list, the designer selection committee or the county board may 75.16 require clarification from the design-builders to ensure 75.17 conformance of proposals to the RFQ. The county must not 75.18 consider cost-related or price-related evaluation factors in 75.19 phase one. 75.20 (c) In phase two, the designer selection committee and the 75.21 county shall use the evaluation criteria in the RFP to determine 75.22 the design-build proposal to be the most advantageous and the 75.23 best value to the public. Prior to award of a contract, the 75.24 designer selection committee and, if necessary, the county board 75.25 may require clarification from the design-builders to ensure 75.26 conformance of proposals to the RFP. 75.27 Sec. 59. [383B.1582] [RFP FOR DESIGN-BUILD.] 75.28 During phase two, the county shall issue an RFP to the 75.29 design-builders on the short list. The request must include: 75.30 (1) the scope of work, including (i) performance and 75.31 technical requirements, (ii) conceptual design, (iii) minimum 75.32 specifications, and (iv) functional and operational elements for 75.33 the delivery of the completed project, which must be prepared by 75.34 a design professional qualified to prepare the necessary 75.35 documents; 75.36 (2) a description of the qualifications required of the 76.1 design-builder; 76.2 (3) a description of the selection criteria, including the 76.3 weighting of each criterion; 76.4 (4) copies of the contract documents that the successful 76.5 proposer will be expected to sign; 76.6 (5) the maximum time allowable for design and construction; 76.7 (6) the county's estimated range of cost for design and 76.8 construction; 76.9 (7) the requirement that a submitted proposal be segmented 76.10 into two parts, a technical proposal and a price proposal; 76.11 (8) the requirement that each proposal be in a separately 76.12 sealed, clearly identified package and include the date and time 76.13 of the submittal deadline; 76.14 (9) the requirement that the technical proposal include a 76.15 critical path method, bar schedule of the work to be performed, 76.16 or similar schematic; design plans and specifications; technical 76.17 reports; calculations; permit requirements; applicable 76.18 development fees; and other data requested in the RFP; 76.19 (10) the requirement that the price proposal contain all 76.20 design, construction, engineering, inspection, and 76.21 construction-related costs, and all other costs of any kind of 76.22 the proposed project; 76.23 (11) the date, time, and location of the public opening of 76.24 the sealed price proposals; 76.25 (12) a statement that "past performance" or "experience" 76.26 does not include the exercise or assertion of a person's legal 76.27 rights; and 76.28 (13) other information relevant to the project. 76.29 Sec. 60. [383B.1583] [REPLACING TEAM MEMBERS.] 76.30 An individual or a design-build firm identified in a 76.31 response to an RFQ or RFP may not be replaced without the 76.32 written approval of the county board. The county board may 76.33 revoke an awarded contract if an individual or a design-build 76.34 firm identified in a response to an RFQ or RFP is replaced 76.35 without the county board's written approval. To qualify for the 76.36 approval, the written request must document that the proposed 77.1 replacement individual or design-build firm will be equal to or 77.2 better than that described in the response to the RFQ or RFP. 77.3 The county board shall use the criteria specified in the RFQ or 77.4 RFP to evaluate the request. 77.5 Sec. 61. [383B.1584] [DESIGN-BUILD AWARD.] 77.6 The county board, after considering the recommendations of 77.7 the designer selection committee, shall award the design-build 77.8 contract to the proposer with the highest scored proposal based 77.9 on the evaluation criteria in the RFP. The rationale for the 77.10 selection of the proposal must be stated at the time of the 77.11 contract award. The county board may reject any or all 77.12 proposals, but must not do so to evade the other provisions and 77.13 policies of this section. If the county board rejects all 77.14 proposals, it may then solicit new proposals after making 77.15 appropriate modifications to performance criteria, budget 77.16 constraints, or qualifications. 77.17 Sec. 62. [383B.1585] [STIPULATED FEE.] 77.18 The county board, depending on the project's complexity and 77.19 scope and at the board's discretion for each project, may 77.20 determine that a stipulated fee be paid to each short-listed 77.21 responsible proposer who provides a responsive but unsuccessful 77.22 proposal. If a stipulated fee is to be paid, it must be clearly 77.23 identified in the RFQ or RFP. If the county board does not 77.24 award a contract, all short-listed proposers must receive the 77.25 stipulated fee. If the county board cancels the contract before 77.26 reviewing the technical proposals, the county board shall award 77.27 each design-builder on the short list a stipulated minimum fee 77.28 as set out in the RFP. The county board shall pay the 77.29 stipulated fee to each proposer within 90 days after the award 77.30 of the contract or the decision not to award a contract. In 77.31 consideration for paying the stipulated fee, the county board 77.32 may use any ideas or information contained in the proposals in 77.33 connection with any contract awarded for the project or in 77.34 connection with a subsequent procurement, without any obligation 77.35 to pay any additional compensation to the unsuccessful 77.36 proposers. Notwithstanding the other provisions of this 78.1 subdivision, an unsuccessful short-list proposer may elect to 78.2 waive the stipulated fee. If an unsuccessful short-list 78.3 proposer elects to waive the stipulated fee, the county may not 78.4 use ideas and information contained in that proposer's 78.5 proposal. Upon the request of the county, a proposer who waived 78.6 a stipulated fee may withdraw the waiver, in which case the 78.7 county board shall pay the stipulated fee to the proposer and 78.8 thereafter may use ideas and information in the proposer's 78.9 proposal. 78.10 Sec. 63. [383B.1586] [EXPIRATION.] 78.11 Sections 383B.158 to 383B.1586 expire December 31, 2007, 78.12 and apply only to design-build contracts entered into on or 78.13 before January 1, 2008, for the Northwest busway and the Lowry 78.14 Avenue bridge. 78.15 Sec. 64. Minnesota Statutes 2000, section 446A.07, 78.16 subdivision 4, is amended to read: 78.17 Subd. 4. [INTENDED USE PLAN.] (a) The pollution control78.18 agencypublic facilities authority shall annually prepare and 78.19 submit to the United States Environmental Protection Agency an 78.20 intended use plan. The plan must identify the intended uses of 78.21 the amounts available to the water pollution control revolving 78.22 fund, including a list of wastewater treatment and storm water 78.23 projects and all other eligible activities to be funded during 78.24 the fiscal year. Information regarding eligible activities must78.25 be submitted to the pollution control agency by the appropriate78.26 state agency or department within 30 days of written78.27 notification by the pollution control agency.78.28 (b) To be eligible for placement on the intended use plan: 78.29 (1) a project must be listed on the pollution control 78.30 agency's project priority list; 78.31 (2) the applicant must submit a written request to the 78.32 public facilities authority, including a brief description of 78.33 the project, a project cost estimate and the requested loan 78.34 amount, and a proposed project schedule; and 78.35 (3) for a construction loan, the project must have a 78.36 facility plan approved by the pollution control agency. 79.1 (c) The pollution control agency shall annually provide to 79.2 the public facilities authority its project priority list of 79.3 wastewater and storm water projects to be considered for 79.4 funding. The pollution control agencypublic facilities 79.5 authority may not submit the plan until it has received the 79.6 review and comment of the authoritypollution control agency or 79.7 until 30 days have elapsed since the plan was submitted to 79.8 the authoritypollution control agency, whichever occurs first. 79.9 In addition, the public facilities authority shall offer 79.10 municipalities seeking placement on the intended use plan an 79.11 opportunity to review and comment on the plan before it is 79.12 adopted. The plan may be amended to add additional projects for 79.13 consideration for funding as it determines funds are available 79.14 and additional projects are able to proceed. 79.15 Sec. 65. Minnesota Statutes 2000, section 446A.072, 79.16 subdivision 1, is amended to read: 79.17 Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The authority 79.18 will establish a wastewater infrastructure funding program to 79.19 provide supplemental assistance to municipalities applying79.20 forreceiving funding underthrough the water pollution control 79.21 revolving loan program or the United States Department of 79.22 Agriculture Rural Economic and Community Development's 79.23 (USDA/RECD) Water and Waste Disposal Loans and Grants program 79.24 for the design and planning, improvements to, and construction 79.25 of municipal wastewater treatment systems. The purpose of the 79.26 program is to assist municipalities demonstrating financial need 79.27 in building cost-efficient projects to address existing 79.28 environmental or public health problems. To implement the 79.29 program, the authority shall establish a wastewater 79.30 infrastructure fund to provide grants and loans for the purposes 79.31 authorized under title VI of the Federal Water Pollution Control 79.32 Act. The fund shall be credited with all investment income from 79.33 the fund and all repayments of loans, grants, and penalties. 79.34 [EFFECTIVE DATE.] This section is effective for funds 79.35 appropriated after January 1, 2002. 79.36 Sec. 66. Minnesota Statutes 2000, section 446A.072, 80.1 subdivision 3, is amended to read: 80.2 Subd. 3. [PROGRAM ADMINISTRATION.] (a) The authority shall 80.3 provide supplemental assistance, as provided in subdivision 2,80.4 5a to municipalities demonstrating financial need, as provided80.5 in subdivision 4, whose projects have been certified to the80.6 authority by the commissioner of the agency. The authority80.7 shall reserve supplemental assistance for projects in order of80.8 their priority ranking established by the agency.: 80.9 (1) whose projects are listed on the agency's project 80.10 priority list; 80.11 (2) that demonstrate their projects are a cost-effective 80.12 solution to an existing environmental or public health problem; 80.13 and 80.14 (3) whose projects are approved by the USDA/RECD or 80.15 certified by the commissioner of the agency. 80.16 (b) For a municipality receiving grant funding from the 80.17 USDA/RECD, applications must be made to the USDA/RECD with 80.18 additional information submitted to the authority as required by 80.19 the authority. Eligible project costs and affordability 80.20 criteria shall be determined by the USDA/RECD. 80.21 (c) For a municipality not receiving grant funding from the 80.22 USDA/RECD, application must be made to the authority on forms 80.23 prescribed by the authority for the water pollution control 80.24 revolving fund program with additional information as required 80.25 by the authority. In accordance with section 116.182, the 80.26 agency shall: 80.27 (1) calculate the essential project component percentage 80.28 which must be multiplied by the total project cost to determine 80.29 the eligible project cost; and 80.30 (2) review and certify approved projects to the authority. 80.31 (d) At the time funds are appropriated under this section, 80.32 the authority shall reserve supplemental assistance for projects 80.33 in order of their rankings on the agency's project priority list 80.34 and in an amount based on their most recent cost estimates 80.35 submitted to the authority or the as-bid costs, whichever is 80.36 less. 81.1 [EFFECTIVE DATE.] This section is effective for funds 81.2 appropriated after January 1, 2002. 81.3 Sec. 67. Minnesota Statutes 2000, section 446A.072, is 81.4 amended by adding a subdivision to read: 81.5 Subd. 5a. [TYPE AND AMOUNT OF ASSISTANCE.] (a) For a 81.6 municipality receiving grant funding from the USDA/RECD, the 81.7 authority shall provide assistance in the form of a grant of up 81.8 to one-half of the eligible grant amount determined by 81.9 USDA/RECD. A municipality may not receive a grant under this 81.10 paragraph for more than $4,000,000 or $15,000 per existing 81.11 connection, whichever is less, unless specifically approved by 81.12 law. In the case of a sanitary district or other 81.13 multijurisdictional project for which the USDA/RECD is unable to 81.14 fully fund up to one-half of the eligible grant amount, the 81.15 authority may provide up to an additional $1,000,000 for each 81.16 additional municipality participating up to a maximum of 81.17 $8,000,000 or $15,000 per existing connection, whichever is 81.18 less, but not to exceed the maximum grant level determined by 81.19 the USDA/RECD as needed to keep the project affordable. 81.20 (b) For a municipality not receiving grant funding from the 81.21 USDA/RECD, the authority shall provide assistance in the form of 81.22 a loan for the eligible project costs that exceed five percent 81.23 of the market value of properties in the project service area. 81.24 A municipality may not receive a loan under this paragraph for 81.25 more than $4,000,000 or $15,000 per existing connection, 81.26 whichever is less, unless specifically approved by law. In the 81.27 case of a sanitary district or other multijurisdictional 81.28 project, the authority may provide a loan under this paragraph 81.29 for up to an additional $1,000,000 for each additional 81.30 municipality participating up to a maximum of $8,000,000 or 81.31 $15,000 per existing connection, whichever is less, unless 81.32 specifically approved by law. A loan under this paragraph must 81.33 bear no interest, must be repaid as provided in subdivision 7, 81.34 and must only be provided in conjunction with a loan from the 81.35 water pollution control revolving fund under section 446A.07. 81.36 (c) Notwithstanding the limits in paragraphs (a) and (b), 82.1 for a municipality receiving supplemental assistance under this 82.2 section after January 1, 2002, if the authority determines that 82.3 the municipality's construction and installation costs are 82.4 significantly increased due to geological conditions of 82.5 crystalline bedrock or karst areas and discharge limits that are 82.6 more stringent than secondary treatment, the authority shall 82.7 provide assistance in the form of half grant and half loan. 82.8 Assistance from the authority may not be more than $25,000 per 82.9 existing connection. Any additional grant amount received for 82.10 the same project must be used to reduce the amount of the 82.11 municipality's loan from the water pollution control revolving 82.12 fund that exceeds five percent of the market value of properties 82.13 in the project service area. 82.14 [EFFECTIVE DATE.] This section is effective for funds 82.15 appropriated after January 1, 2002. 82.16 Sec. 68. Minnesota Statutes 2000, section 446A.072, is 82.17 amended by adding a subdivision to read: 82.18 Subd. 5b. [SPECIAL ASSESSMENT DEFERRAL.] A municipality 82.19 receiving a loan under subdivision 5a that levies special 82.20 assessments to repay the loan under subdivision 5a or section 82.21 446A.07 may defer payment of such assessments under the 82.22 provisions of sections 435.193 to 435.195. 82.23 [EFFECTIVE DATE.] This section is effective for funds 82.24 appropriated after January 1, 2002. 82.25 Sec. 69. Minnesota Statutes 2000, section 446A.072, 82.26 subdivision 6, is amended to read: 82.27 Subd. 6. [DISBURSEMENTS.] Disbursements madeof grants or 82.28 loans awarded under this section by the authority to recipients 82.29 must be made for eligible project costs as incurred by the 82.30 recipients, and must be made by the authority in accordance with 82.31 the project financing agreement and applicable state and federal 82.32 laws and rules governing the payments. 82.33 [EFFECTIVE DATE.] This section is effective for funds 82.34 appropriated after January 1, 2002. 82.35 Sec. 70. Minnesota Statutes 2000, section 446A.072, 82.36 subdivision 7, is amended to read: 83.1 Subd. 7. [LOAN REPAYMENTS.] All loan repayments received83.2 by the authority under subdivision 2 must be used to provide83.3 additional assistance under this section.A municipality 83.4 receiving a loan under this section shall repay the loan in 83.5 semiannual payment amounts determined by the authority. The 83.6 payment amount must be based on the average payments on the 83.7 municipality's water pollution control revolving fund loan or, 83.8 if greater, the minimum amount required to fully repay the loan 83.9 by the maturity date. Payments must begin within one year of 83.10 the date of the municipality's final payment on the water 83.11 pollution control revolving fund loan. The maturity date of the 83.12 loan must be no later than 20 years from the date of the first 83.13 payment. 83.14 [EFFECTIVE DATE.] This section is effective for funds 83.15 appropriated after January 1, 2002. 83.16 Sec. 71. Minnesota Statutes 2000, section 446A.072, 83.17 subdivision 8, is amended to read: 83.18 Subd. 8. [ELIGIBILITY.] A municipality is eligible for 83.19 assistance under this section only after grant funding from 83.20 other sources has been applied for, obtained, rejected, or the 83.21 authority has determined that the potential funding is unlikely. 83.22 [EFFECTIVE DATE.] This section is effective for funds 83.23 appropriated after January 1, 2002. 83.24 Sec. 72. Minnesota Statutes 2000, section 446A.072, 83.25 subdivision 9, is amended to read: 83.26 Subd. 9. [LOAN LIMITATION.] Supplemental assistance may 83.27 not be used to reduce the sewer service charges of a significant 83.28 wastewater contributor, or a single user that has caused the 83.29 need for the project or whose current or projected flow and load 83.30 exceed one-half of the current wastewater treatment plant's 83.31 capacity , unless the applicant can demonstrate to the authority83.32 that the significant wastewater contributor cannot pay its fair83.33 share. Funding will not be provided for projects that are not83.34 qualified for assistance or that would violate the state's83.35 constitution or laws regarding the use of funds appropriated for83.36 the program. 84.1 [EFFECTIVE DATE.] This section is effective for funds 84.2 appropriated after January 1, 2002. 84.3 Sec. 73. Minnesota Statutes 2000, section 446A.072, 84.4 subdivision 11, is amended to read: 84.5 Subd. 11. [REPORT ON NEEDS.] By October 15February 1 of 84.6 each odd-numberedeven-numbered year, the authority, in 84.7 conjunction with the pollution control agency, shall prepare a 84.8 report to the finance division of the senate environment and 84.9 natural resources committee and the house environment and 84.10 natural resources finance committee on wastewater funding 84.11 assistance needs of municipalities under this section. 84.12 [EFFECTIVE DATE.] This section is effective for funds 84.13 appropriated after January 1, 2002. 84.14 Sec. 74. Minnesota Statutes 2000, section 446A.072, 84.15 subdivision 12, is amended to read: 84.16 Subd. 12. [SYSTEM REPLACEMENT FUND.] Each recipient of84.17 assistancemunicipality receiving a loan under this section 84.18 shall establish a system replacement fund setting asideand 84.19 shall annually deposit a minimum of $.10$.50 per 1,000 gallons 84.20 of flow for major rehabilitation, expansion, or replacement of 84.21 the treatment plantsystem at the end of its useful life. Money 84.22 must remain in the account, for the life of the loan associated84.23 with the supplemental assistance under this section,unless use 84.24 of the fund is approved in writing by the authority for major 84.25 rehabilitation, expansion, or replacement of the treatment 84.26 plant. Failure to maintain the fund will cancel the loan84.27 forgiveness provided under subdivision 2system. By March 1 84.28 each year during the life of the loan, each municipality shall 84.29 submit a report to the authority regarding the amount deposited 84.30 and the fund balance for the prior calendar year. Failure to 84.31 comply with the requirements of this subdivision shall result in 84.32 the authority assessing a penalty fee to the municipality equal 84.33 to one percent of the outstanding loan balance for each year of 84.34 noncompliance. Failure to make the required deposit or pay the 84.35 penalty fee as required constitutes a default on the loan. 84.36 [EFFECTIVE DATE.] This section is effective for funds 85.1 appropriated after January 1, 2002. 85.2 Sec. 75. Minnesota Statutes 2000, section 446A.072, is 85.3 amended by adding a subdivision to read: 85.4 Subd. 14. [CONSISTENCY WITH LAND USE PLANS.] A 85.5 municipality applying for a project in an unsewered area shall 85.6 include in its application to the authority a certification from 85.7 the county in which the project is located that: 85.8 (1) the project is consistent with the county comprehensive 85.9 land use plan, if the county has adopted one; 85.10 (2) the project is consistent with the county water plan, 85.11 if the county has adopted one; and 85.12 (3) the county has adopted specific land use ordinances or 85.13 controls so as to meet or exceed the requirements of Minnesota 85.14 Rules, part 7080.0305. 85.15 [EFFECTIVE DATE.] This section is effective for funds 85.16 appropriated after January 1, 2002. 85.17 Sec. 76. Minnesota Statutes 2000, section 446A.12, 85.18 subdivision 1, is amended to read: 85.19 Subdivision 1. [BONDING AUTHORITY.] The authority may 85.20 issue negotiable bonds in a principal amount that the authority 85.21 determines necessary to provide sufficient funds for achieving 85.22 its purposes, including the making of loans and purchase of 85.23 securities, the payment of interest on bonds of the authority, 85.24 the establishment of reserves to secure its bonds, the payment 85.25 of fees to a third party providing credit enhancement, and the 85.26 payment of all other expenditures of the authority incident to 85.27 and necessary or convenient to carry out its corporate purposes 85.28 and powers, but not including the making of grants. Bonds of 85.29 the authority may be issued as bonds or notes or in any other 85.30 form authorized by law. The principal amount of bonds issued 85.31 and outstanding under this section at any time may not exceed 85.32 $850,000,000$1,000,000,000, excluding bonds for which refunding 85.33 bonds or crossover refunding bonds have been issued. 85.34 Sec. 77. Laws 1987, chapter 400, section 8, subdivision 5, 85.35 is amended to read: 85.36 Subd. 5. Great River Road Project 3,000,000 86.1 This appropriation is for a grant to 86.2 the Minneapolis park and recreation 86.3 board for land acquisition for the 86.4 Great River Road project in the central 86.5 Mississippi regional park along the 86.6 central waterfront area in downtown 86.7 Minneapolis, provided that the city of 86.8 Minneapolis issues $3,000,000 in bonds 86.9 to be used to acquire land for the same 86.10 project by January 1, 1988. The 86.11 Minneapolis park and recreation board 86.12 may enter into an agreement to operate 86.13 the property known as the Fuji Ya 86.14 restaurant property, as a restaurant or 86.15 entertainment facility, subject to 86.16 Minnesota Statutes, section 16A.695. 86.17 An agreement entered into by the 86.18 Minneapolis park and recreation board 86.19 to operate the property known as the 86.20 Fuji Ya restaurant property as a 86.21 restaurant or entertainment facility 86.22 would benefit the Great River Road 86.23 project, further public efforts to 86.24 reclaim the Mississippi Riverfront in 86.25 Minneapolis, and be a program that 86.26 furthers the governmental purpose of 86.27 the Great River Road project. 86.28 Sec. 78. Laws 2000, chapter 492, article 1, section 3, 86.29 subdivision 5, is amended to read: 86.30 Subd. 5. Bemidji State University 86.31 (a) American Indian History Center 2,000,000 86.32 To predesign, design, construct, 86.33 furnish, and equip a museum and center 86.34 for American Indian history and 86.35 policy. In addition to the 86.36 appropriation in this subdivision, up 86.37 to $1,000,000 in nonstate money may be 86.38 added to this project. 86.39 (b) Northwest Technical College 5,000,000 86.40 (a) To design, construct, furnish, and 86.41 equip a technology laboratory building. 86.42 (b) The remaining money from the 86.43 appropriation in Laws 1998, chapter 86.44 404, section 3, subdivision 5, may be 86.45 used for predesign and design of the 86.46 project in paragraph (a), and predesign 86.47 of phase II. 86.48 (c) The board of trustees must not 86.49 convey the technical college to the 86.50 school district. 86.51 (d) The board of trustees shall advise 86.52 the chairs of the senate higher 86.53 education budget division and the house 86.54 higher education finance committee 86.55 before initiating predesign of phase II. 86.56 Sec. 79. Laws 2000, chapter 492, article 1, section 12, 86.57 subdivision 7, is amended to read: 86.58 Subd. 7. World War II Veterans Memorial 150,000 87.1 This appropriation is from the general 87.2 fund. 87.3 For design, architectural drawings, and 87.4 the start of construction for a World 87.5 War II veterans memorial on the state 87.6 capitol mall. The design is subject to 87.7 approval by the capitol area 87.8 architectural and planning board. The 87.9 commissioner of veterans affairs shall 87.10 convene an advisory group, including 87.11 members of veterans organizations to 87.12 review and make recommendations about 87.13 the design of the memorial. The87.14 appropriation must be matched by an87.15 equal amount from nonstate sources.87.16 The commissioner may accept donations 87.17 from nonstate sources for purposes 87.18 stated in this subdivision. 87.19 Sec. 80. Laws 2000, chapter 492, article 1, section 15, 87.20 subdivision 4, is amended to read: 87.21 Subd. 4. Minnesota 87.22 Military Museum at Camp Ripley 125,000 87.23 To upgrade the electrical and lighting, 87.24 and heating, ventilation, and air 87.25 conditioning systems in the main 87.26 building of the Minnesota military 87.27 museum, to design and, construct, 87.28 furnish, and equip, including permanent 87.29 display cases, an addition to the 87.30 museum, and to insulate a heating 87.31 system in building I-40. The adjutant 87.32 general may enter into a lease or 87.33 management agreement for the museum, 87.34 subject to Minnesota Statutes, section 87.35 16A.695. 87.36 Sec. 81. Laws 2000, chapter 492, article 1, section 22, 87.37 subdivision 3, as amended by Laws 2000, chapter 499, section 15, 87.38 which amendment was reenacted in Laws 2001, First Special 87.39 Session chapter 12, section 15, is amended to read: 87.40 Subd. 3. Wastewater Infrastructure 87.41 Funding Program 18,319,000 87.42 $6,309,000$4,309,000 of this 87.43 appropriation is from the general fund 87.44 of which $319,000 is to administer the 87.45 wastewater infrastructure fund program. 87.46 To the public facilities authority for 87.47 grants to eligible municipalities under 87.48 the wastewater infrastructure program 87.49 established in Minnesota Statutes, 87.50 section 446A.072. 87.51 To the greatest extent practical, the 87.52 authority should use the grants for 87.53 projects on the 2000 intended use plan 87.54 in priority order to qualified 87.55 applicants that submit plans and 87.56 specifications to the pollution control 87.57 agency or receive a funding commitment 88.1 from USDA rural development before 88.2 December 1, 2001. In determining 88.3 whether the penalty factor under 88.4 Minnesota Rules, part 7077.0196, should 88.5 be applied to a project, the pollution 88.6 control agency shall, beginning with 88.7 the 2001 Intended Use Plan and Project 88.8 Priority list, first assess the impact 88.9 of the new or expanded discharge 88.10 compared to the impact of the 88.11 preexisting conditions and to the 88.12 impact of alternative discharge 88.13 locations. If the agency determines 88.14 that the new or expanded discharge is 88.15 to a less environmentally sensitive 88.16 area or that it is the preferable 88.17 location for the discharge compared to 88.18 the alternatives, the agency shall not 88.19 apply the penalty factor to the 88.20 project. The pollution control agency 88.21 shall include as a factor in 88.22 prioritizing projects whether a project 88.23 is a multijurisdictional project 88.24 connecting areas with failing onsite 88.25 treatment systems with an existing or 88.26 regional wastewater treatment system. 88.27 The authority shall set aside up to 88.28 $400,000 for the Innovative Technology 88.29 Grants Program to provide 50 percent 88.30 reimbursement for the cost of equipment 88.31 and installation into an existing 88.32 municipal wastewater treatment system. 88.33 The project must be approved by the 88.34 pollution control agency and 88.35 demonstrate the application of existing 88.36 technology that has not been used 88.37 before in the treatment of municipal 88.38 wastewater, but has the potential to 88.39 improve the treatment of wastewater or 88.40 make the treatment process more cost 88.41 effective. 88.42 Beginning with the 2001 intended use 88.43 plan, the pollution control agency 88.44 shall include whether a community has a 88.45 moratorium on development as a factor 88.46 in prioritizing projects. The agency 88.47 shall adopt rules implementing the 88.48 provisions of this paragraph under 88.49 Minnesota Statutes, section 14.389. 88.50 Sec. 82. Laws 2000, chapter 492, article 1, section 22, 88.51 subdivision 4, is amended to read: 88.52 Subd. 4. Clean Water Partnership 2,000,000 88.53 For deposit in the water pollution 88.54 control fund under Minnesota Statutes, 88.55 section 446A.07, for the clean water 88.56 partnership loan program under 88.57 Minnesota Statutes, section 88.58 103F.725. This appropriation is from 88.59 the general fund. 88.60 Sec. 83. Laws 2000, chapter 492, article 1, section 27, is 88.61 amended to read: 88.62 Sec. 27. [CANCELLATIONS AND TRANSFERS.] 89.1 (a) The $734,000 appropriation in Laws 1994, chapter 643, 89.2 section 18, for the design of the labor interpretive center is 89.3 canceled. The bond sale authorization in Laws 1994, chapter 89.4 643, section 31, subdivision 1, is reduced by $734,000. 89.5 (b) The $1,100,000 appropriation in Laws 1994, chapter 643, 89.6 section 19, subdivision 9, as amended by Laws 1995, chapter 224, 89.7 section 124, and Laws 1997, chapter 183, article 3, section 30, 89.8 for the American Indian history center at Bemidji state 89.9 university is canceled. The bond sale authorization in Laws 89.10 1994, chapter 643, section 31, subdivision 1, is reduced by 89.11 $1,100,000. 89.12 (c) $130,000 of the appropriation in Laws 1994, chapter 89.13 643, section 23, for dam improvements is canceled. The bond 89.14 sale authorization in Laws 1994, chapter 643, section 31, 89.15 subdivision 1, is reduced by $130,000. 89.16 (d) $383,000 of the appropriation in Laws 1996, chapter 89.17 463, section 13, subdivision 9, for a support services facility 89.18 near the corner of Mississippi Street and University Avenue is 89.19 canceled. The bond sale authorization in Laws 1996, chapter 89.20 463, section 27, subdivision 1, is reduced by $383,000. 89.21 (e) The unobligated balance of the appropriation in Laws 89.22 1996, chapter 463, section 15, subdivision 4, for an armory 89.23 facility and ramp near the corner of Rice Street and University 89.24 Avenue, estimated to be $197,000, is canceled to the general 89.25 fund. 89.26 (f) $1,355,000 of the appropriation in Laws 1996, chapter 89.27 463, section 16, subdivision 5, for the Brainerd bed expansion 89.28 project is canceled. The bond sale authorization in Laws 1996, 89.29 chapter 463, section 27, subdivision 1, is reduced by $1,355,000. 89.30 (g) The $500,000 appropriation in Laws 1996, chapter 463, 89.31 section 22, subdivision 7, for the Battle Point historic site is 89.32 canceled. The bond sale authorization in Laws 1996, chapter 89.33 463, section 27, subdivision 1, is reduced by $500,000. 89.34 (h) $10,000,000 of the appropriation in Laws 1997, Second 89.35 Special Session chapter 2, section 2, for public safety disaster 89.36 assistance funds is canceled. The bond sale authorization in 90.1 Laws 1997, Second Special Session chapter 2, section 12, is 90.2 reduced by $10,000,000. 90.3 (i) $5,800,000 of the appropriation in Laws 1998, chapter 90.4 404, section 13, subdivision 5, for the Minnesota labor 90.5 interpretive center is canceled to the general fund. 90.6 (j) $1,893,000 of the appropriation in Laws 1998, chapter 90.7 404, section 5, subdivision 5, for the Southwest Metropolitan 90.8 Integration Magnet School in Edina is canceled to the general 90.9 fund. 90.10 (k) The $800,000 appropriation in Laws 1998, chapter 404, 90.11 section 15, subdivision 5, for a tennis facility in the city of 90.12 St. Paul is canceled to the general fund. 90.13 (l) The $1,700,000 appropriation in Laws 19981999, chapter 90.14 404240, article 2, section 2211, for the Battle Point cultural 90.15 education center is canceled. The bond sale authorization in 90.16 Laws 19981999, chapter 404240, article 2, section 2716, 90.17 subdivision 1, is reduced by $1,700,000. 90.18 (m) The balance of the appropriation in Laws 19981999, 90.19 chapter 404240, article 2, section 2312, subdivision 115, 90.20 for the St. Cloud community events center is transferred to the 90.21 board of trustees of the Minnesota state colleges and 90.22 universities to construct a new athletic facility on the south 90.23 side of the existing St. Cloud State University campus. The 90.24 balance of the bond sale authorization in Laws 19981999, 90.25 chapter 404240, article 2, section 2716, subdivision 1, 90.26 attributable to the events center project is to provide the 90.27 money for the athletic facility project. 90.28 (n) $1,000,000 of the appropriation in Laws 19981999, 90.29 chapter 404240, article 2, section 2312, subdivision 2490.30 14, for the Minnesota African-American Performing Arts Center is 90.31 canceled. The bond sale authorization in Laws 19981999, 90.32 chapter 404240, article 2, section 2716, subdivision 1, is 90.33 reduced by $1,000,000. 90.34 (o) The $4,000,000 appropriation in Laws 1999, chapter 240, 90.35 article 1, section 3, for the Southwest Metropolitan Integration 90.36 Magnet School in Edina is canceled. The bond sale authorization 91.1 in Laws 1999, chapter 240, article 1, section 13, is reduced by 91.2 $4,000,000. 91.3 (p) $321,000 of the unobligated balance of the 91.4 appropriation in Laws 1999, chapter 250, article 1, section 12, 91.5 subdivision 5, to demolish the capitol square building and 91.6 restructure the site as a temporary parking lot is canceled to 91.7 the general fund. 91.8 [EFFECTIVE DATE.] This section is effective retroactively 91.9 to May 16, 2000. 91.10 Sec. 84. Laws 2001, First Special Session chapter 12, 91.11 section 10, is amended to read: 91.12 Sec. 10. BOND SALE SCHEDULE 91.13 The commissioner of finance shall 91.14 schedule the sale of state general 91.15 obligation bonds so that, during the 91.16 biennium ending June 30, 2003, no more 91.17 than $629,739,000$622,260,000 will 91.18 need to be transferred from the general 91.19 fund to the state bond fund to pay 91.20 principal and interest due and to 91.21 become due on outstanding state general 91.22 obligation bonds. During the biennium, 91.23 before each sale of state general 91.24 obligation bonds, the commissioner of 91.25 finance shall calculate the amount of 91.26 debt service payments needed on bonds 91.27 previously issued and shall estimate 91.28 the amount of debt service payments 91.29 that will be needed on the bonds 91.30 scheduled to be sold. The commissioner 91.31 shall adjust the amount of bonds 91.32 scheduled to be sold so as to remain 91.33 within the limit set by this section. 91.34 The amount needed to make the debt 91.35 service payments is appropriated from 91.36 the general fund as provided in 91.37 Minnesota Statutes, section 16A.641. 91.38 Sec. 85. [DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.] 91.39 Subdivision 1. [DEFINITION.] For purposes of this section, 91.40 "Dan Patch commuter rail line" means the commuter rail line 91.41 between Northfield and Minneapolis identified in the 91.42 metropolitan council's transit 2020 master plan as the Dan Patch 91.43 line. 91.44 Subd. 2. [METROPOLITAN COUNCIL; PROHIBITIONS.] The 91.45 metropolitan council must not take any action or spend any money 91.46 for study, planning, preliminary engineering, final design, or 91.47 construction for the Dan Patch commuter rail line. The council 91.48 must remove all references, other than references for historical 92.1 purposes, to the Dan Patch commuter rail line from any future 92.2 revisions to the council's transportation development guide and 92.3 the council's regional transit master plan. 92.4 Subd. 3. [COMMISSIONER OF TRANSPORTATION.] The 92.5 commissioner of transportation must not expend any money for 92.6 study, planning, preliminary engineering, final design, or 92.7 construction for the Dan Patch commuter rail line. The 92.8 commissioner must remove all references, other than references 92.9 for historical purposes, to the Dan Patch commuter rail line 92.10 from any future revisions to the state transportation plan and 92.11 the commissioner's commuter rail system plan. 92.12 Subd. 4. [REGIONAL RAIL AUTHORITIES.] No regional rail 92.13 authority may expend any money for study, planning, preliminary 92.14 engineering, final design, or construction for the Dan Patch 92.15 commuter rail line. 92.16 Sec. 86. [DM&E; WORKING GROUP.] 92.17 Subdivision 1. [MEMBERSHIP.] The commissioner of 92.18 transportation or the commissioner's designee shall convene a 92.19 multiagency working group on DM&E rail project mitigation, 92.20 consisting of the commissioners of public safety, the pollution 92.21 control agency, trade and economic development, and 92.22 transportation; and director of Minnesota planning; or their 92.23 designees. The director of Minnesota planning or the director's 92.24 designee shall serve as chair of the working group. 92.25 Subd. 2. [TASKS.] The working group shall: 92.26 (1) evaluate the economic effects of the DM&E rail 92.27 expansion project in southern Minnesota on each local unit of 92.28 government impacted by the project, including costs related to 92.29 noise mitigation costs, right-of-way acquisition, and 92.30 rail-highway grade crossing protection and upgrade; 92.31 (2) determine the availability of federal assistance and 92.32 other resources available to such local units of government for 92.33 mitigation costs, including the timing of the assistance and 92.34 resources; 92.35 (3) involve local units of government in issues discussed 92.36 by the working group; and 93.1 (4) determine what direct and indirect costs are likely to 93.2 accrue to private property owners as a result of the project 93.3 including, but not limited to, costs for mitigation, 93.4 right-of-way acquisitions, and crossing safety. 93.5 Subd. 3. [REPORTS.] The working group shall present an 93.6 interim report to the legislature by January 15, 2003, and a 93.7 final report to the legislature no later than January 15, 2004. 93.8 Sec. 87. [EXEMPTION FROM MORATORIUM.] 93.9 Notwithstanding Laws 2002, chapter 220, article 10, section 93.10 37, projects authorized in this act, Laws 2001, First Special 93.11 Session chapter 12, Laws 2000, chapter 492, and Laws 1999, 93.12 chapter 240, are exempt from any moratorium on professional or 93.13 technical contracts, as defined in Minnesota Statutes, section 93.14 16C.08, subdivision 1. 93.15 Sec. 88. [STATE BUILDING SALE TO COUNTY.] 93.16 Subdivision 1. [AUTHORIZED.] (a) Notwithstanding Minnesota 93.17 Statutes, section 16A.695 and chapter 94 or other law, 93.18 administrative rule, or commissioner's order to the contrary, 93.19 the state of Minnesota by and through its department of 93.20 administration, shall at the request of the St. Louis county 93.21 board of commissioners, sell and convey to St. Louis county by 93.22 July 31, 2002, for a consideration in the amount of $3,052,700 93.23 certain real property known as the government services center 93.24 and parking ramp legally described as: lots 50, 52, 54, 56, 58, 93.25 60, 62, 64, Duluth proper first division, West Second Street. 93.26 (b) The conveyance must be in a form approved by the 93.27 attorney general. 93.28 (c) $450,000 of the proceeds from the sale must be 93.29 deposited in the department of administration's asset 93.30 preservation account to reimburse the department of 93.31 administration for costs related to the recent installation of a 93.32 chiller at the Duluth Government Services Center. A portion of 93.33 the proceeds from the sale equal in amount to the survey, 93.34 appraisal, legal, advertising, and other related expenses 93.35 incurred by the commissioner of administration or other state 93.36 official rendering the property saleable shall be remitted to 94.1 the account from which the expenses were paid, and are 94.2 appropriated and immediately available for expenditure in the 94.3 same manner as other money in the account. The remaining 94.4 balance from the proceeds of the sale must be deposited in the 94.5 general fund. 94.6 Subd. 2. [RIGHTS, OBLIGATIONS.] The existing leases 94.7 between the state of Minnesota and St. Louis county of the real 94.8 property described in subdivision 1 are merged into the fee 94.9 ownership with this conveyance. All other leases with their 94.10 current terms and conditions concerning the real property must 94.11 be assigned to St. Louis county. 94.12 Subd. 3. [STATE LEASES.] (a) For a period of at least ten 94.13 years following sale of the real property described in 94.14 subdivision 1, St. Louis county must allow the state of 94.15 Minnesota to lease the space occupied by the state of Minnesota 94.16 at the time of the sale at the state's current lease rate with 94.17 annual adjustments for operational cost increases, which cost 94.18 must not include any capital improvement costs. 94.19 (b) The lease must be in a form approved by the attorney 94.20 general. 94.21 Sec. 89. [REPORT TO LEGISLATURE.] 94.22 Hennepin county must report to the legislature after the 94.23 completion of the Northwest busway but no later than June 1, 94.24 2007, on its evaluation of the effectiveness of the design-build 94.25 process. 94.26 Sec. 90. [CORRECTION.] 2002 H.F. No. 3270, article 11, if 94.27 enacted, is amended to read: 94.28 ARTICLE 11 94.29 GENERAL FUND CONVERSION TO BOND FUNDS 94.30 Section 1. [INTENT.] 94.31 This article intends to return to the unreserved general 94.32 fund $75,043,000 by changing the fund source of the projects 94.33 listed in this article in the amounts shown in sections 2 to 14, 94.34 by decreasing the appropriation from the general fund and by 94.35 appropriating an equal amount from the aggregate of the bond 94.36 proceeds fund and the transportation fund. This action changes 95.1 the designation of the fund sources made under the cumulative 95.2 effect of Laws 1998, chapter 404; Laws 1999, chapter 250; and 95.3 Laws 2000, chapters 479 and 492. This article also makes a new 95.4 appropriation of $77,000 from the bond proceeds fund for bond 95.5 sale expenses in connection with the bonds authorized in this 95.6 article. 95.7 Sec. 2. [CAPITAL IMPROVEMENT APPROPRIATIONS.] 95.8 The sums in the column under "APPROPRIATIONS" are 95.9 appropriated from the bond proceeds fund or other named fund to 95.10 the state agencies or officials indicated, to be spent for 95.11 public purposes, including to acquire and to better public land 95.12 and buildings and other public improvements of a capital nature, 95.13 as specified in this article. 95.14 SUMMARY 95.15 UNIVERSITY OF MINNESOTA $ 500,000 95.16 CHILDREN, FAMILIES, AND LEARNING 500,00095.17 300,000 95.18 NATURAL RESOURCES 6,973,000 95.19 WATER AND SOIL RESOURCES BOARD 300,000 95.20 ADMINISTRATION 43,350,00095.21 45,550,000 95.22 CAPITOL AREA ARCHITECTURAL AND 95.23 PLANNING BOARD 250,000 95.24 AMATEUR SPORTS COMMISSION 690,000 95.25 TRANSPORTATION 13,590,000 95.26 HUMAN SERVICES 1,500,000 95.27 CORRECTIONS 250,000 95.28 TRADE AND ECONOMIC DEVELOPMENT 5,590,00095.29 3,590,000 95.30 MINNESOTA HISTORICAL SOCIETY 1,550,000 95.31 BOND SALE EXPENSES 77,000 95.32 TOTAL $ 75,120,000 95.33 Bond Proceeds Fund 61,530,000 95.34 Transportation Fund 13,590,000 95.35 APPROPRIATIONS 95.36 $ 96.1 Sec. 3. UNIVERSITY OF MINNESOTA 500,000 96.2 To the board of regents of the 96.3 University of Minnesota for 1998 Higher 96.4 Education Asset Preservation and 96.5 Replacement. 96.6 Sec. 4. CHILDREN, FAMILIES, AND LEARNING 500,00096.7 300,000 96.8 To the commissioner of children, 96.9 families, and learning for 1998 Early 96.10 Childhood Learning Facilities. 96.11 Sec. 5. NATURAL RESOURCES 96.12 Subdivision 1. To the commissioner 96.13 of natural resources for the purposes 96.14 specified in this section 6,973,000 96.15 Subd. 2. 1998 Park Building Rehabilitation 500,000 96.16 Subd. 3. 1998 Park Betterment 96.17 and Rehabilitation 500,000 96.18 Subd. 4. 1998 Forest Roads and Bridges 750,000 96.19 Subd. 5. 1998 Metro Greenways Acquisition 2,000,000 96.20 Subd. 6. Safe Harbors Program 3,223,000 96.21 Sec. 6. BOARD OF WATER AND 96.22 SOIL RESOURCES 300,000 96.23 To the board of water and soil 96.24 resources for local road replacement. 96.25 Sec. 7. ADMINISTRATION 96.26 Subdivision 1. To the commissioner of 96.27 administration for the purposes specified 96.28 in this section 45,350,00096.29 45,550,000 96.30 Subd. 2. 2000 Asset Preservation 350,000 96.31 Subd. 3. 2000 Bureau of Criminal 96.32 Apprehension Facility 40,000,00096.33 42,700,000 96.34 Subd. 4. 2000 Property Acquisition 450,000 96.35 Subd. 5. 1998 Asset Preservation 1,250,00096.36 750,000 96.37 Subd. 6. 1998 Real Property Acquisition 1,000,000 96.38 Subd. 7. 1998 BCA Land Acquisition 300,000 96.39 Sec. 8. CAPITOL AREA ARCHITECTURAL 96.40 AND PLANNING BOARD 250,000 96.41 To the commissioner of administration 96.42 for the HHH Memorial. 96.43 Sec. 9. AMATEUR SPORTS COMMISSION 690,000 97.1 To the amateur sports commission for 97.2 the Giants Ridge Facility. 97.3 Sec. 10. TRANSPORTATION 97.4 Subdivision 1. To the commissioner of 97.5 transportation for the purposes specified 97.6 in this section 13,590,000 97.7 This appropriation is from the 97.8 transportation fund. 97.9 Subd. 2. 2000 County and Local Bridges 13,000,000 97.10 Subd. 3. 1998 CSAH Highway 90 590,000 97.11 Sec. 11. HUMAN SERVICES 1,500,000 97.12 To the commissioner of administration 97.13 for 1998 Asset Preservation. 97.14 Sec. 12. CORRECTIONS 250,000 97.15 To the commissioner of administration 97.16 for 1998 Asset Preservation. 97.17 Sec. 13. TRADE AND ECONOMIC DEVELOPMENT 5,590,00097.18 3,590,000 97.19 To the commissioner of trade and 97.20 economic development for 2000 97.21 Wastewater Infrastructure. 97.22 Sec. 14. MINNESOTA HISTORICAL SOCIETY 97.23 Subdivision 1. To the Minnesota 97.24 historical society for the purposes 97.25 specified in this section 1,550,000 97.26 Subd. 2. 1998 Historic Site 97.27 Preservation and Repair 850,000 97.28 Subd. 3. Split Rock Lighthouse 700,000 97.29 Sec. 15. BOND SALE EXPENSES 77,000 97.30 To the commissioner of finance for 97.31 bond sale expenses under Minnesota 97.32 Statutes, section 16A.641, subdivision 8. 97.33 Sec. 16. [IDENTICAL PROJECTS.] 97.34 The purpose and use of appropriations in this article are 97.35 for the same purpose and use and for identical projects as 97.36 authorized in Laws 1998, chapter 404; Laws 1999, chapter 250; 97.37 and Laws 2000, chapters 479 and 492. Except for the fund source 97.38 of unspent parts of the appropriations listed in this article, 97.39 this article does not change or limit the purpose and use of the 97.40 appropriations and related requirements in Laws 1998, chapter 97.41 404; Laws 1999, chapter 250; and Laws 2000, chapters 479 and 492. 97.42 Sec. 17. [BOND SALE AUTHORIZATIONS.] 98.1 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 98.2 appropriated in this article from the bond proceeds fund, the 98.3 commissioner of finance shall sell and issue bonds of the state 98.4 in an amount up to $61,530,000 in the manner, upon the terms, 98.5 and with the effect prescribed by Minnesota Statutes, sections 98.6 16A.631 to 16A.675, and by the Minnesota Constitution, article 98.7 XI, sections 4 to 7. 98.8 Subd. 2. [TRANSPORTATION FUND.] To provide the money 98.9 appropriated in this article from the transportation fund, the 98.10 commissioner of finance shall sell and issue bonds of the state 98.11 in an amount up to $13,590,000 in the manner, upon the terms, 98.12 and with the effect prescribed by Minnesota Statutes, sections 98.13 16A.631 to 16A.675, and by the Minnesota Constitution, article 98.14 XI, sections 4 to 7. The proceeds of the bonds, except accrued 98.15 interest and any premium received on the sale of the bonds, must 98.16 be credited to a bond proceeds account in the state 98.17 transportation fund. 98.18 Sec. 18. [CANCELLATION TO GENERAL FUND.] 98.19 Money appropriated from the general fund pursuant to 1998, 98.20 1999, and 2000 acts and not yet spent for the projects listed in 98.21 this article is canceled to the general fund in the amount shown 98.22 for each project. 98.23 Sec. 19. [EFFECTIVE DATE.] 98.24 This article is effective the day following final enactment. 98.25 Sec. 91. [REPEALER.] 98.26 Minnesota Statutes 2000, sections 116J.561, 116J.562, 98.27 116J.563, 116J.564, 116J.565, 116J.566, 116J.567, and 446A.072, 98.28 subdivisions 2, 4, 5, 10, and 13, are repealed. 98.29 Sec. 92. [EFFECTIVE DATE; LOCAL APPROVAL.] 98.30 New Minnesota Statutes, sections 383B.158 to 383B.1586 are 98.31 effective the day after the governing body of Hennepin county 98.32 and its chief clerical officer timely complete their compliance 98.33 with Minnesota Statutes, section 645.021, subdivisions 2 and 3. 98.34 Sec. 93. [EFFECTIVE DATE.] 98.35 Except as otherwise provided in this act, this act is 98.36 effective the day following final enactment.