HF 4043

as introduced - 81st Legislature (1999 - 2000) 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 to better public land and buildings and 
  1.4             other public improvements of a capital nature; 
  1.5             authorizing the board of regents of the University of 
  1.6             Minnesota and the board of trustees of the Minnesota 
  1.7             state colleges and universities to make certain 
  1.8             improvements to colleges and universities with certain 
  1.9             conditions and directions; authorizing issuance of 
  1.10            state bonds; appropriating money; amending Minnesota 
  1.11            Statutes 1998, sections 16A.643, subdivision 1, and by 
  1.12            adding a subdivision; 16B.33, subdivisions 3 and 4; 
  1.13            136F.36, subdivisions 1, 3, and by adding a 
  1.14            subdivision; 136F.60, subdivision 1, and by adding 
  1.15            subdivisions; and 136F.64, subdivision 1, and by 
  1.16            adding a subdivision; repealing Minnesota Statutes 
  1.17            1998, section 16B.33, subdivision 3a. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19  Section 1.  [CAPITAL IMPROVEMENTS.] 
  1.20     The sums in this act in the columns under appropriations 
  1.21  are appropriated with certain conditions and directions from the 
  1.22  bond proceeds fund, or other named fund, to the officials 
  1.23  indicated, to be spent for public purposes including to acquire 
  1.24  and to better public land and buildings and other public 
  1.25  improvements of a capital nature, as specified in this act. 
  1.26                                                   APPROPRIATIONS
  1.27                                                   $             
  1.28  Sec. 2.  MINNESOTA STATE COLLEGES AND UNIVERSITIES 
  1.29  Subdivision 1.  Appropriations                      ...,...,... 
  1.30  Of this amount, $...,...,... is 
  1.31  appropriated to the board of trustees 
  1.32  of the Minnesota state colleges and 
  1.33  universities from the bond proceeds 
  2.1   fund and $...,... is appropriated to 
  2.2   the board of trustees of the Minnesota 
  2.3   state colleges and universities from 
  2.4   the general fund for the purposes 
  2.5   specified in this section. 
  2.6   Funding is available within this amount 
  2.7   to make necessary repairs to the roof 
  2.8   and air handling system at Anoka 
  2.9   Hennepin Technical College. 
  2.10  Subd. 2.  Higher Education Asset 
  2.11  Preservation and Replacement                         ..,...,...
  2.12  For the purposes specified in Minnesota 
  2.13  Statutes, section 135A.046, including 
  2.14  safety and statutory compliance, 
  2.15  envelope integrity, mechanical systems, 
  2.16  and space restoration.  
  2.17  Subd. 3.  St. Cloud State Technical College           .,...,... 
  2.18  To design, remodel, and equip the A and 
  2.19  B wings of the existing building. 
  2.20  Subd. 4.  North Hennepin Community College           ..,...,... 
  2.21  For design and remodeling of the old 
  2.22  science building into a general 
  2.23  education building. 
  2.24  Subd. 5.  Normandale Community College               ..,...,... 
  2.25  To design, construct, and equip an 
  2.26  addition to the science building and to 
  2.27  remodel and provide new equipment for 
  2.28  the existing science facilities. 
  2.29  Subd. 6.  Winona State University                     .,...,...
  2.30  To design, through construction bid 
  2.31  documents, a new science building. 
  2.32  Subd. 7.  Minnesota State University,
  2.33  Mankato                                               .,...,...
  2.34  For phase 2 of the student athletic 
  2.35  facility renovation project, including: 
  2.36  (1) design, build, and equip an 
  2.37  addition to Highland Center; 
  2.38  (2) finish and equip the lower level of 
  2.39  the Taylor Center; and 
  2.40  (3) design, renovate, and equip indoor 
  2.41  student athletic facilities in the 
  2.42  Pennington Building, Highland Center, 
  2.43  and Highland North. 
  2.44  Subd. 8.  Alexandria Technical College                  ...,... 
  2.45  To design a new classroom and office 
  2.46  building to replace residential 
  2.47  buildings used as temporary classrooms 
  2.48  and storage. 
  2.49  Subd. 9.  St. Cloud State University                   ...,... 
  2.50  $....... for the renovation and design 
  2.51  of Eastman Hall, Riverview Hall, and 
  3.1   construction of a new football stadium 
  3.2   at St. Cloud State University from bond 
  3.3   cancellations for the St. Cloud 
  3.4   community events center. 
  3.5   Subd. 10.  Metropolitan State University              ..,...,... 
  3.6   To construct, furnish, and equip a new 
  3.7   library and information access center 
  3.8   on the St. Paul campus, including 
  3.9   demolition costs of the facility 
  3.10  currently on the site. 
  3.11  Appropriations for the Metropolitan 
  3.12  State library requires a one-third 
  3.13  match from nonstate funds. 
  3.14  Subd. 11.  Northwest Technical College               ..,...,... 
  3.15  To design, construct, and equip an 
  3.16  instructional addition for health 
  3.17  sciences and to renovate existing 
  3.18  health facilities at Moorhead.  The 
  3.19  project includes additional parking 
  3.20  spaces and boiler replacement. 
  3.21  Subd. 12.  Minneapolis Community and 
  3.22  Technical College                                    ..,...,...
  3.23  To construct and equip a new library 
  3.24  and instructional technology center, 
  3.25  and remodel vacated library space. 
  3.26  Subd. 13.  Northland Community and
  3.27  Technical College                                     .,...,...
  3.28  For phase 2 of the consolidation 
  3.29  project at the Northland Community and 
  3.30  Technical College at Thief River Falls 
  3.31  including: 
  3.32  (1) design, remodel, and equip a 
  3.33  developmental learning center and 
  3.34  additional classroom space; and 
  3.35  (2) design, construct, and equip an 
  3.36  addition to the developmental learning 
  3.37  center and campus connector. 
  3.38  Subd. 14.  Land Acquisition                           .,...,... 
  3.39  To purchase land adjacent to or near 
  3.40  MnSCU campuses, including land near 
  3.41  Century Community and Technical 
  3.42  College, Metropolitan State University, 
  3.43  Winona State University, Laurentian 
  3.44  Community and Technical College, St. 
  3.45  Cloud State University, Minnesota State 
  3.46  University Mankato, St. Cloud Technical 
  3.47  College, and Hibbing Community and 
  3.48  Technical College for expansion of the 
  3.49  law enforcement and EMT training 
  3.50  facility. 
  3.51  Subd. 15.  Fond du Lac Tribal and 
  3.52  Community College 
  3.53  To remodel and construct library, 
  3.54  classroom, lab, office, and 
  3.55  recreational space at Fond du Lac 
  3.56  Tribal and Community College.  This 
  4.1   appropriation is available if matched 
  4.2   by at least $3,000,000 from nonstate 
  4.3   sources. 
  4.4   Subd. 16.  Hennepin Technical College                 .,...,... 
  4.5   To remodel, furnish, and equip high-bay 
  4.6   garages at each campus of Hennepin 
  4.7   Technical College to meet code 
  4.8   requirements and current standards for 
  4.9   exits and mechanical, electrical, and 
  4.10  fire protection systems. 
  4.11  Subd. 17.  Southwest State University                   ...,... 
  4.12  To design the renovation of the 
  4.13  Southwest State University library at 
  4.14  Marshall.  The plan must include 
  4.15  realignment of library functions to 
  4.16  improve access and improvements to the 
  4.17  infrastructure. 
  4.18  Subd. 18.  Northwest Technical College               ...,...,... 
  4.19  To acquire the former Bemidji high 
  4.20  school property, to demolish a portion 
  4.21  of the building and remodel a portion 
  4.22  to house several programs of Northwest 
  4.23  Technical College and Bemidji State 
  4.24  University. 
  4.25  $....... is for the demolition of 
  4.26  buildings on land donated by the local 
  4.27  school district to Bemidji State 
  4.28  University and Northwest Technical 
  4.29  College, Bemidji from bond 
  4.30  cancellations for projects from Bemidji 
  4.31  State University. 
  4.32  Subd. 19.  Moorhead State University                  .,...,...
  4.33  For capital improvements at Moorhead 
  4.34  State University as specified in this 
  4.35  subdivision: 
  4.36  (1) $.,...,... is to design, through 
  4.37  construction bid documents, a science 
  4.38  laboratory and auditorium addition to 
  4.39  Hagen Hall, to remodel and make asset 
  4.40  preservation improvements to Hagen 
  4.41  Hall; and 
  4.42  (2) $.,...,... is to demolish and 
  4.43  remove structures from blighted land to 
  4.44  develop parking facilities, including 
  4.45  paving, signage, security facilities, 
  4.46  and landscaping. 
  4.47  Subd. 20.  Systemwide Projects                        .,...,... 
  4.48  To design, construct, remodel, furnish, 
  4.49  and equip capital projects at various 
  4.50  campuses.  These projects include: 
  4.51  (1) remodel student service facility at 
  4.52  Southeast Technical College at Winona; 
  4.53  (2) replace greenhouse, relocate the 
  4.54  main driveway, and renovate the former 
  4.55  powdered metals laboratory space at 
  4.56  Hennepin Technical College at Brooklyn 
  5.1   Park; 
  5.2   (3) an addition to the allied health 
  5.3   center at Riverland Community and 
  5.4   Technical College at Austin; 
  5.5   (4) expansion of telecommunications 
  5.6   systems at Dakota Technical College at 
  5.7   Rosemount; 
  5.8   (5) design, remodel, and equip an ITV 
  5.9   classroom at Rainy River Community 
  5.10  College at International Falls; 
  5.11  (6) design, construct, and equip 
  5.12  storage garages at various campuses at 
  5.13  Fergus Falls, Granite Falls, Jackson, 
  5.14  Brainerd, and Worthington and add a 
  5.15  loading dock at Pipestone; 
  5.16  (7) design, renovate, and equip 
  5.17  classrooms including ITV improvements 
  5.18  at Southwest State University at 
  5.19  Marshall; 
  5.20  (8) design, construct, and equip a 
  5.21  high-bay shop addition for Laurentian 
  5.22  Community and Technical College at 
  5.23  Eveleth; and 
  5.24  (9) response to unanticipated capital 
  5.25  needs identified by local authorities. 
  5.26  Subd. 21.  Metropolitan State University              ..,...,... 
  5.27  For design through construction bid 
  5.28  documents of an instructional facility 
  5.29  colocated with the campus of 
  5.30  Minneapolis Community and Technical 
  5.31  College to house major academic and 
  5.32  student service functions. 
  5.33  Subd. 22.  Rochester Community and 
  5.34  Technical College                                     .,...,...
  5.35  For projects specified in this 
  5.36  subdivision: 
  5.37  (1) complete construction of an 
  5.38  internal campus road system; 
  5.39  (2) design and construct replacement 
  5.40  athletic fields displaced by road 
  5.41  improvements; and 
  5.42  (3) predesign, design, and partially 
  5.43  construct a quadrangle between the main 
  5.44  building and the sports center, 
  5.45  including underground utilities, 
  5.46  landscaping, and reconfigured entrance. 
  5.47  $350,000 of this appropriation is from 
  5.48  the general fund to complete the master 
  5.49  site utilities network plan for 
  5.50  infrastructure improvements, including 
  5.51  the feasibility of connecting 
  5.52  University Center Rochester utilities 
  5.53  to the Olmsted county waste-to-energy 
  5.54  power plant. 
  5.55  Subd. 23.  Itasca Community College                   .,...,... 
  6.1   To design, construct, furnish, and 
  6.2   equip a new engineering-technology 
  6.3   center with attached student housing. 
  6.4   Subd. 24.  Moorhead State University; Lease
  6.5   or Sale of State Property; Authorization            ...,...,...
  6.6   The board of trustees of the Minnesota 
  6.7   state colleges and universities is 
  6.8   authorized to lease state property, 
  6.9   including state bond financed property, 
  6.10  at Moorhead State University to a 
  6.11  private developer for the construction 
  6.12  of student services, alumni foundation, 
  6.13  and student residence hall facilities.  
  6.14  Notwithstanding Minnesota Statutes, 
  6.15  sections 16A.695, subdivision 2, and 
  6.16  16B.24, or any other law, the board may 
  6.17  lease the property for a term of up to 
  6.18  50 years without obtaining state 
  6.19  executive council approval. 
  6.20  Subd. 25.  Ridgewater Community and Technical 
  6.21  College at Willmar                                             
  6.22  Ridgewater Community and Technical 
  6.23  College may build an addition to 
  6.24  kennels for veterinary technology at 
  6.25  the Willmar campus with existing 
  6.26  college funds. 
  6.27  Subd. 26.  Minnesota West Community and Technical  
  6.28  College Authorization To Lease Land                              
  6.29  Minnesota West Community and Technical 
  6.30  College may enter into a lease 
  6.31  agreement with the YMCA, subject to 
  6.32  Minnesota Statutes, section 16A.695, 
  6.33  for the lease of land on the 
  6.34  Worthington campus.  Siting and design 
  6.35  of the facility must be consistent with 
  6.36  the college's master plan and Minnesota 
  6.37  state colleges and universities 
  6.38  building standards.  Minnesota West 
  6.39  Community and Technical College may 
  6.40  negotiate for use of the facility for 
  6.41  college purposes.  The lease may also 
  6.42  include the city of Worthington. 
  6.43  Sec. 3.  UNIVERSITY OF MINNESOTA  
  6.44  Subdivision 1.  Appropriations                      ...,...,... 
  6.45  To the board of regents of the 
  6.46  University of Minnesota from the bond 
  6.47  proceeds fund for the purposes 
  6.48  specified in this section. 
  6.49  Subd. 2.  Higher Education Asset 
  6.50  Preservation and Replacement                         ..,...,...
  6.51  For the purposes specified in Minnesota 
  6.52  Statutes, section 135A.046, including 
  6.53  fire and life and safety improvements, 
  6.54  ADA access improvements, hazardous 
  6.55  material abatement, and environmental 
  6.56  improvements and infrastructure 
  6.57  replacement. 
  6.58  Subd. 3.  Molecular and Cellular Biology Building,
  6.59  Minneapolis Campus                                   ..,...,...
  7.1   To complete the construction, and to 
  7.2   furnish, and equip the molecular and 
  7.3   cellular biology building at the 
  7.4   Minneapolis campus. 
  7.5   Subd. 4.  Art Building, Minneapolis Campus           ..,...,... 
  7.6   To complete construction drawings and 
  7.7   for construction of a new art building 
  7.8   on the Minneapolis West Bank campus. 
  7.9   Subd. 5.  Science and Math Building Renovation 
  7.10  Phase 2, Morris                                       .,...,...
  7.11  For phase 2 of the science building 
  7.12  project to renovate into instructional 
  7.13  research space, furnish, and equip the 
  7.14  existing science building, including 
  7.15  obsolete labs and classrooms, at the 
  7.16  Morris campus. 
  7.17  Subd. 6.  Microbial and Plant Genomics Building,
  7.18  St. Paul Campus                                      ..,...,...
  7.19  To design, prepare construction 
  7.20  drawings, and construct, furnish, and 
  7.21  equip the Microbial and Plant Genomics 
  7.22  Center on the St. Paul campus. 
  7.23  Subd. 7.  Plant Growth Facilities Replacement
  7.24  and Renovation, St. Paul Campus                      ..,...,...
  7.25  To upgrade the plant growth facilities 
  7.26  on the St. Paul campus, including: 
  7.27  (1) replacement of obsolete greenhouses 
  7.28  with plant growth facilities providing 
  7.29  environmental controls necessary to 
  7.30  support research and instruction; 
  7.31  (2) renovation of existing greenhouses 
  7.32  to comply with current law on pesticide 
  7.33  and fertilizer use; and 
  7.34  (3) construction of a quarantine and 
  7.35  biocontainment facility in partnership 
  7.36  with the Minnesota department of 
  7.37  agriculture. 
  7.38  Subd. 8.  Kiehle Building Renovation and 
  7.39  Addition, Crookston                                   .,...,...
  7.40  To complete construction drawings and 
  7.41  renovate, furnish, and equip the 
  7.42  renovation of and additions to the 
  7.43  Kiehle building at the Crookston campus 
  7.44  for a meeting center and a technology 
  7.45  center. 
  7.46  Subd. 9.  Music Performance Laboratory, Duluth        .,...,... 
  7.47  To construct and furnish the Music 
  7.48  Performance Laboratory at the Duluth 
  7.49  campus. 
  7.50  This capital project must include a 
  7.51  substantial contribution of community 
  7.52  or local funds. 
  7.53  Subd. 10.  Research and Outreach Centers 
  8.1   Facility Improvements                                 .,...,...
  8.2   To design and prepare construction 
  8.3   drawings and to construct, furnish, and 
  8.4   equip projects at five research and 
  8.5   outreach centers to increase capacity 
  8.6   for applied research in agriculture, 
  8.7   natural resources, and biological 
  8.8   sciences throughout Greater Minnesota 
  8.9   including: 
  8.10  (1) construction of a wean and finish 
  8.11  facility for swine research at Southern 
  8.12  ROC at Waseca; 
  8.13  (2) replacement, remodeling, and 
  8.14  renewal of facilities at the Cloquet 
  8.15  Forestry Center including replacement 
  8.16  of sewage handling facilities as phase 
  8.17  2 of a multiphase project; 
  8.18  (3) construction of research laboratory 
  8.19  and office space at Northwest ROC at 
  8.20  Crookston; 
  8.21  (4) construction of an addition to the 
  8.22  aspen/larch genetics laboratory at the 
  8.23  North Central ROC at Grand Rapids and 
  8.24  land acquisition to develop test 
  8.25  planting sites; 
  8.26  (5) construction of an addition to the 
  8.27  administration building at the Southern 
  8.28  ROC at Waseca for offices for faculty, 
  8.29  extension specialists, and extension 
  8.30  director; 
  8.31  (6) construction of a farm machinery 
  8.32  storage and maintenance building at 
  8.33  North Central ROC at Grand Rapids; 
  8.34  (7) preliminary station master 
  8.35  planning, facility design, and phase 1 
  8.36  facility renewal at Itasca forestry and 
  8.37  biological station; and 
  8.38  (8) planning and design for remodeling 
  8.39  of the Annex building at the Southern 
  8.40  ROC at Waseca to include a public 
  8.41  meeting room and conference room. 
  8.42  Subd. 11.  Bulldog Sports Center, Duluth             ..,...,... 
  8.43  To design and construct the Bulldog 
  8.44  Sports Center at the Duluth campus for 
  8.45  the ice hockey programs, including a 
  8.46  3,000 seat ice arena, team rooms, 
  8.47  training and testing facilities, 
  8.48  storage, and offices. 
  8.49  This capital project must include a 
  8.50  substantial contribution of community 
  8.51  or local funds. 
  8.52     Sec. 4.  [BOND SALE.] 
  8.53     To provide the money appropriated in sections 2 and 3 from 
  8.54  the bond proceeds fund, the commissioner of finance, on request 
  8.55  of the governor, shall sell and issue bonds of the state in an 
  9.1   amount up to $....... in the manner, on the terms, and with the 
  9.2   effect prescribed by Minnesota Statutes, sections 16A.631 to 
  9.3   16A.675, and by the Minnesota Constitution, article XI, sections 
  9.4   4 to 7. 
  9.5      Sec. 5.  [CANCELLATION.] 
  9.6      Subdivision 1.  [ST. CLOUD.] $4,775,000 of the 
  9.7   appropriation in Laws 1998, chapter 404, section 23, subdivision 
  9.8   11, for the St. Cloud community events center is canceled.  The 
  9.9   bond sale authorization in Laws 1998, chapter 404, section 27, 
  9.10  subdivision 1, is reduced by $4,775,000. 
  9.11     Subd. 2.  [BEMIDJI.] $1,000,000 of the appropriation in 
  9.12  Laws 1998, chapter 404, section 3, subdivision 5, for the 
  9.13  predesign and design of facilities required to colocate all 
  9.14  programs of the technical college and the state university's 
  9.15  industrial technology and nursing programs at Bemidji State 
  9.16  University and Northwest Technical College, Bemidji is 
  9.17  canceled.  The bond sale authorization in Laws 1998, chapter 
  9.18  404, section 27, subdivision 1, is reduced by $1,000,000. 
  9.19     Sec. 6.  [CAPITAL PROJECT PRIORITIES; HIGHER EDUCATION.] 
  9.20     The board of regents of the University of Minnesota and the 
  9.21  board of trustees of the Minnesota state colleges and 
  9.22  universities are requested to consider the following criteria in 
  9.23  establishing priorities for requests for bond funds for capital 
  9.24  projects: 
  9.25     (1) maintenance and preservation of existing facilities; 
  9.26     (2) completion of projects that have received funding; 
  9.27     (3) updating facilities to meet contemporary needs; 
  9.28     (4) providing geographic distribution of capital projects; 
  9.29  and 
  9.30     (5) maximizing the use of nonstate contributions. 
  9.31     Sec. 7.  Minnesota Statutes 1998, section 16A.643, 
  9.32  subdivision 1, is amended to read: 
  9.33     Subdivision 1.  [WHEN PAYMENT REQUIRED.] The commissioner 
  9.34  of finance shall assess each board, agency, or other public 
  9.35  entity, other than the higher education systems described in 
  9.36  Laws 1992, chapter 558, section 31, for the amount that would 
 10.1   otherwise need to be paid for debt service with respect to 
 10.2   general obligation bonds sold to finance capital improvement 
 10.3   projects for the entity if the law authorizing the project 
 10.4   requires debt service for the project to be paid by the agency. 
 10.5      Sec. 8.  Minnesota Statutes 1998, section 16A.643, is 
 10.6   amended by adding a subdivision to read: 
 10.7      Subd. 3.  [HIGHER EDUCATION EXEMPTION.] The board of 
 10.8   regents of the University of Minnesota and the board of trustees 
 10.9   of the Minnesota state colleges and universities shall not be 
 10.10  assessed or otherwise required to pay any portion of the amount 
 10.11  of the debt service on general obligation bonds sold to finance 
 10.12  capital improvement projects for public higher education 
 10.13  facilities in Minnesota. 
 10.14     Sec. 9.  Minnesota Statutes 1998, section 16B.33, 
 10.15  subdivision 3, is amended to read: 
 10.16     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
 10.17  [APPLICATION.] Upon undertaking a project with an estimated cost 
 10.18  greater than $750,000 or a planning project with estimated fees 
 10.19  greater than $60,000, every user agency, except the capitol area 
 10.20  architectural and planning board, the University of Minnesota 
 10.21  and the Minnesota state colleges and universities shall submit a 
 10.22  written request for a primary designer for its project to the 
 10.23  commissioner, who shall forward the request to the board.  
 10.24  The University of Minnesota and the Minnesota state colleges and 
 10.25  universities shall follow the process in subdivision 3a to 
 10.26  select designers for their projects may submit a written request 
 10.27  for a primary designer under this section.  The written request 
 10.28  must include a description of the project, the estimated cost of 
 10.29  completing the project, a description of any special 
 10.30  requirements or unique features of the proposed project, and 
 10.31  other information which will assist the board in carrying out 
 10.32  its duties and responsibilities set forth in this section.  
 10.33     (b)  [REACTIVATED PROJECT.] If a project for which a 
 10.34  designer has been selected by the board becomes inactive, 
 10.35  lapses, or changes as a result of project phasing, insufficient 
 10.36  appropriations, or other reasons, the commissioner, the 
 11.1   Minnesota state colleges and universities, or the University of 
 11.2   Minnesota may, if the project is reactivated, retain the same 
 11.3   designer to complete the project.  
 11.4      (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
 11.5   project initially estimated to be below the cost and planning 
 11.6   fee limits of this subdivision has its cost or planning fees 
 11.7   revised so that the limits are exceeded, the project must be 
 11.8   referred to the board for designer selection even if a primary 
 11.9   designer has already been selected.  In this event, the board 
 11.10  may, without conducting interviews, elect to retain the 
 11.11  previously selected designer if it determines that the interests 
 11.12  of the state are best served by that decision and shall notify 
 11.13  the commissioner of its determination.  
 11.14     Sec. 10.  Minnesota Statutes 1998, section 16B.33, 
 11.15  subdivision 4, is amended to read: 
 11.16     Subd. 4.  [DESIGNER SELECTION PROCESS.] (a)  [PUBLICITY.] 
 11.17  Upon receipt of a request from a user agency for a primary 
 11.18  designer, the board shall publicize the proposed project in 
 11.19  order to determine the identity of designers interested in the 
 11.20  design work on the project.  The board shall establish criteria 
 11.21  for the selection process and make this information public, and 
 11.22  shall compile data on and conduct interviews of designers.  The 
 11.23  board's selection criteria must include consideration of each 
 11.24  interested designer's performance on previous projects for the 
 11.25  state or any other person.  Upon completing the process, the 
 11.26  board shall select the primary designer and shall state its 
 11.27  reasons in writing.  Notification to the commissioner of the 
 11.28  selection shall be made not more than 60 days after receipt from 
 11.29  a user agency of a request for a primary designer.  The 
 11.30  commissioner shall promptly notify the designer and the user 
 11.31  agency.  The commissioner shall negotiate the designer's fee and 
 11.32  prepare the contract to be entered into between the designer and 
 11.33  the user agency.  
 11.34     (b)  [CONFLICT OF INTEREST.] The board may not select a 
 11.35  designer or firm in which a member of the designer selection 
 11.36  board has a current financial interest.  
 12.1      (c)  [SELECTION BY COMMISSIONER.] In the event the board 
 12.2   receives a request for a primary designer on a project, the 
 12.3   estimated cost of which is less than the limit established by 
 12.4   subdivision 3, or a planning project with estimated fees of less 
 12.5   than the limit established by subdivision 3, the board may 
 12.6   submit the request to the commissioner of administration, with 
 12.7   or without recommendations, and the commissioner shall thereupon 
 12.8   select the primary designer for the project.  
 12.9      (d)  [SECOND SELECTION.] If the designer selected for a 
 12.10  project declines the appointment or is unable to reach agreement 
 12.11  with the commissioner on the fee or the terms of the contract, 
 12.12  the commissioner shall, within 60 days after the first 
 12.13  appointment, request the board to make another selection.  
 12.14     (e)  [SIXTY DAYS TO SELECT.] If the board fails to make a 
 12.15  selection and forward its recommendation to the commissioner 
 12.16  within 60 days of the user agency's request for a designer, the 
 12.17  commissioner may appoint a designer to the project without the 
 12.18  recommendation of the board.  
 12.19     (f)  [LESS THAN SATISFACTORY PERFORMANCE.] The 
 12.20  commissioner, or the University of Minnesota and the Minnesota 
 12.21  state colleges and universities for projects under their 
 12.22  supervision, shall forward to the board a written report 
 12.23  describing each instance in which the performance of a designer 
 12.24  selected by the board or the commissioner has been less than 
 12.25  satisfactory.  Criteria for determining satisfaction include the 
 12.26  ability of the designer to complete design work on time, to 
 12.27  provide a design responsive to program needs within the 
 12.28  constraints of the budget, to solve design problems and achieve 
 12.29  a design consistent with the proposed function of the building, 
 12.30  to avoid costly design errors or omissions, and to observe the 
 12.31  construction work.  These reports are public data and are 
 12.32  available for inspection under section 13.03. 
 12.33     Sec. 11.  Minnesota Statutes 1998, section 136F.36, 
 12.34  subdivision 1, is amended to read: 
 12.35     Subdivision 1.  [AUTHORITY TO ACQUIRE, DEVELOP, AND SELL 
 12.36  REAL PROPERTY FOR INSTRUCTIONAL PURPOSES.] For the purpose of 
 13.1   instructional construction by technical colleges, the board may 
 13.2   build, sell, or transfer personal property and may purchase or 
 13.3   otherwise acquire real property that it does not intend to use 
 13.4   as a permanent educational site.  The board may, upon the terms 
 13.5   and conditions it sets, develop and, sell, transfer, or 
 13.6   otherwise dispose of real property acquired under this section.  
 13.7   A sale shall must be for at fair market value.  For purposes 
 13.8   of this section, a sale price resulting from public bidding, 
 13.9   public auction, or negotiations between unrelated parties acting 
 13.10  in their self-interest, is fair market value.  Where real 
 13.11  property acquired under this section cannot be sold for fair 
 13.12  market value, the board may lease the real property under the 
 13.13  terms and conditions it sets.  The board may also contract for 
 13.14  the use of real property it does not own.  Where the board makes 
 13.15  improvements to real property it does not own, the 
 13.16  landowner shall may compensate the board for the fair market 
 13.17  value, nominal consideration, or without consideration as may be 
 13.18  agreed on between the parties, of the board's contribution to 
 13.19  the improvements.  No other authorizing legislation or 
 13.20  legislative approval is required for an acquisition, 
 13.21  improvement, or sale under this section.  Proceeds from the 
 13.22  sale, lease, or improvement of real property under this section 
 13.23  are appropriated to the board. 
 13.24     Sec. 12.  Minnesota Statutes 1998, section 136F.36, 
 13.25  subdivision 3, is amended to read: 
 13.26     Subd. 3.  [WARRANTIES.] The board may, in its discretion, 
 13.27  offer the warranties contained in chapter 327A, less extensive 
 13.28  warranties or no warranties. 
 13.29     Sec. 13.  Minnesota Statutes 1998, section 136F.36, is 
 13.30  amended by adding a subdivision to read: 
 13.31     Subd. 5.  [STATE EMPLOYEE PURCHASE.] Notwithstanding 
 13.32  section 15.054, personal or real property resulting from 
 13.33  instructional construction by technical colleges may be sold to 
 13.34  a state employee under the following conditions: 
 13.35     (1) there is reasonable public notice of the sale; 
 13.36     (2) the sale is by public auction, sealed bid, or listing 
 14.1   with a licensed real estate broker; 
 14.2      (3) the state employee offers the highest price; and 
 14.3      (4) the state employee was not involved in the development 
 14.4   of the property or the award of the sale. 
 14.5      Sec. 14.  Minnesota Statutes 1998, section 136F.60, 
 14.6   subdivision 1, is amended to read: 
 14.7      Subdivision 1.  [PURCHASE OF NEIGHBORING PROPERTY; STATE 
 14.8   UNIVERSITIES ACQUISITION OF REAL ESTATE.] The board may purchase 
 14.9   acquire property adjacent to or in the vicinity of the campuses 
 14.10  as necessary for the development of a state college or 
 14.11  university.  Before taking final action, the board shall consult 
 14.12  with the chairs of the senate finance committee and the house 
 14.13  ways and means committee about the proposed action.  The board 
 14.14  shall explain the need to acquire property, specify the property 
 14.15  to be acquired, and indicate the source and amount of money 
 14.16  needed for the acquisition.  The amount needed may be spent from 
 14.17  sums previously appropriated for purposes of the state colleges 
 14.18  and universities, including, but not limited to, general fund 
 14.19  appropriations for instructional or noninstructional 
 14.20  expenditures, general fund appropriations carried forward, or 
 14.21  state college and university activity fund appropriations.  The 
 14.22  board may pay relocation costs, at its discretion, when 
 14.23  acquiring property.  
 14.24     Sec. 15.  Minnesota Statutes 1998, section 136F.60, is 
 14.25  amended by adding a subdivision to read: 
 14.26     Subd. 4.  [DISPOSAL OF SURPLUS REAL ESTATE.] (a) If the 
 14.27  board determines the college or university-owned real estate 
 14.28  under the board's control is no longer needed, the board may 
 14.29  sell, assign, transfer, or otherwise dispose of all or part of 
 14.30  the state's interest in the surplus real estate, as provided in 
 14.31  this subdivision.  The compensation for the surplus real estate 
 14.32  must be determined by the board.  Before taking final action, 
 14.33  the board must consult with the chairs of the senate finance 
 14.34  committee and the house ways and means committee about the 
 14.35  proposed action. 
 14.36     (b) The sale or other disposal of any surplus real estate 
 15.1   under this subdivision must be made subject to any covenants, 
 15.2   terms, and conditions required by or acceptable to the board.  
 15.3   The board must offer any real estate it determines to be surplus 
 15.4   for public sale.  Before any public sale is made, the board must 
 15.5   publish a notice of the public sale at least once in each week 
 15.6   for four successive weeks in the State Register and also in a 
 15.7   newspaper of general distribution in the city or county in which 
 15.8   the real estate to be sold is situated.  The notice must specify 
 15.9   the time and place at which the sale will commence, a general 
 15.10  description of the lots or tracts to be offered, and a general 
 15.11  statement of the terms of sale.  The sale may occur by public 
 15.12  auction, sealed bid, listing with a real estate broker, or other 
 15.13  means selected by the board.  Real estate must be sold for not 
 15.14  less than its appraised value, except as provided in this 
 15.15  subdivision.  Real estate remaining unsold after the offering 
 15.16  may be sold to anyone agreeing to pay the real estate's 
 15.17  appraised value, or for less than the appraised value if the 
 15.18  board determines that accepting less than the appraised value 
 15.19  serves a public purpose.  The sale must continue until all real 
 15.20  estate is sold or until the board orders a reappraisal or 
 15.21  withdraws the remaining real estate from sale.  The sale may 
 15.22  occur by public auction, sealed bid, listing with a licensed 
 15.23  real estate broker, or other means as provided in this 
 15.24  subdivision. 
 15.25     (c) The cost of any survey or appraisal may be added to and 
 15.26  made a part of the appraised value of the real estate to be 
 15.27  sold, whether to any political subdivision of the state or to a 
 15.28  private purchaser as provided in this subdivision. 
 15.29     (d) The conveyance of any college or university-owned 
 15.30  interest in surplus real estate pursuant to paragraph (a) must 
 15.31  be by legal documents which must be in a form approved by the 
 15.32  attorney general.  The legal documents must reserve all minerals 
 15.33  and mineral rights to the state, and may contain such other 
 15.34  reservations, easements, restriction, covenants, and other 
 15.35  provisions required by or acceptable to the board. 
 15.36     (e) The sale or other disposal of any surplus real estate 
 16.1   under this subdivision is subject to section 16A.695 including 
 16.2   any orders promulgated by the commissioner of finance to the 
 16.3   extent applicable.  Money received by the state under this 
 16.4   subdivision shall be retained by the board unless otherwise 
 16.5   provided by law. 
 16.6      (f) The authority of the board to sell or otherwise dispose 
 16.7   of surplus real estate under this subdivision is in addition to 
 16.8   the authority in section 15.16.  
 16.9      (g) Proceeds from the sale or other disposition authorized 
 16.10  under this subdivision must be retained by the board unless 
 16.11  otherwise provided by law. 
 16.12     Sec. 16.  Minnesota Statutes 1998, section 136F.60, is 
 16.13  amended by adding a subdivision to read: 
 16.14     Subd. 5.  [TRANSFER OF STATE COLLEGE OR UNIVERSITY-OWNED 
 16.15  IMPROVEMENTS.] The board may sell, transfer, or otherwise 
 16.16  dispose of an improvement located on state-owned lands, the 
 16.17  compensation for which shall be determined by the board.  The 
 16.18  sale, transfer, or disposition must be accomplished by a bill of 
 16.19  sale, describing the improvement transferred and the terms and 
 16.20  conditions of the sale or transfer.  Proceeds from the sale, 
 16.21  transfer, or disposition must be retained by the board unless 
 16.22  otherwise provided by law. 
 16.23     Sec. 17.  Minnesota Statutes 1998, section 136F.60, is 
 16.24  amended by adding a subdivision to read: 
 16.25     Subd. 6.  [LEASING OF STATE COLLEGE OR UNIVERSITY REAL 
 16.26  PROPERTY.] (a) The board may grant a leasehold interest in real 
 16.27  estate, offered at public or private sale, as provided in this 
 16.28  subdivision. 
 16.29     (b) The term of the leasehold interest in the real estate 
 16.30  must not exceed 30 years.  In connection with granting a 
 16.31  leasehold interest, the board may sell or otherwise dispose of 
 16.32  any buildings, improvements, fixtures, and personal property 
 16.33  located on the real estate.  Before taking final action, the 
 16.34  board must consult with the chairs of the senate finance 
 16.35  committee and the house ways and means committee about the 
 16.36  proposed sale.  Proceeds from the lease under this subdivision 
 17.1   are appropriated to the board unless otherwise provided by law. 
 17.2      (c) Any agreement or instrument granting a leasehold 
 17.3   interest in real estate for a term of more than five years, or 
 17.4   conveying any buildings or other property in connection with a 
 17.5   leasehold interest, under paragraph (b), must be in a form 
 17.6   approved by the attorney general.  The agreement or instrument 
 17.7   may contain such covenants, terms, and conditions as may be 
 17.8   required by or acceptable to the board. 
 17.9      (d) Granting of a leasehold interest under this subdivision 
 17.10  is subject to the provisions of section 16A.695 including any 
 17.11  orders promulgated by the commissioner of finance to the extent 
 17.12  applicable.  
 17.13     Sec. 18.  Minnesota Statutes 1998, section 136F.64, 
 17.14  subdivision 1, is amended to read: 
 17.15     Subdivision 1.  [GENERAL AUTHORITY; CONSTRUCTION; 
 17.16  IMPROVEMENTS.] (a) Specific legislative authority is not 
 17.17  required for repairs or minor capital projects financed with 
 17.18  operating appropriation or institutional receipts that: 
 17.19     (1) are undertaken for asset preservation or code 
 17.20  compliance purposes; or 
 17.21     (2) do not materially increase the net square footage of 
 17.22  the institution; and 
 17.23     (3) do not materially increase the costs of instructional 
 17.24  programs. 
 17.25     Minor capital projects authorized by this section may not 
 17.26  exceed a project cost of $250,000.  For any project under this 
 17.27  section with a cost in excess of $100,000, unless the board of 
 17.28  trustees determines that an emergency exists, the board must 
 17.29  notify the chair of the finance committee of the senate, and the 
 17.30  chairs of the ways and means committee and the capital 
 17.31  investment committee of the house in writing prior to incurring 
 17.32  any contractual obligations. 
 17.33     (b) The board shall supervise and control the preparation 
 17.34  of plans and specifications for the construction, alteration, 
 17.35  repair, or enlargement of state college and university 
 17.36  buildings, structures, and improvements for which appropriations 
 18.1   are made to the board.  The board shall advertise for bids and 
 18.2   award contracts in connection with the improvements, supervise 
 18.3   and inspect the work, approve necessary changes in the plans and 
 18.4   specifications, approve estimates for payment, and accept the 
 18.5   improvements when completed according to the plans and 
 18.6   specifications. 
 18.7      Sec. 19.  Minnesota Statutes 1998, section 136F.64, is 
 18.8   amended by adding a subdivision to read: 
 18.9      Subd. 4.  [DESIGN-BUILD.] The board may use a design-build 
 18.10  method of project development and construction for new 
 18.11  facilities or major additions and renovations if the board 
 18.12  determines that design-build is in the best interest of the 
 18.13  public to complete the project.  Notwithstanding any law to the 
 18.14  contrary, the board may award a design-build contract on the 
 18.15  basis of requests for proposals or requests for qualifications 
 18.16  without bids.  "Design-build method of project development and 
 18.17  construction" means a project delivery system in which a single 
 18.18  contractor is responsible for both the design and the 
 18.19  construction of the project and bids the design and construction 
 18.20  together. 
 18.21     Sec. 20.  [REPEALER.] 
 18.22     Minnesota Statutes 1998, section 16B.33, subdivision 3a, is 
 18.23  repealed. 
 18.24     Sec. 21.  [EFFECTIVE DATE.] 
 18.25     This act is effective the day following final enactment 
 18.26  except that sections 7 and 8 are effective for bonds authorized 
 18.27  after the effective date of this act.