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Minnesota Legislature

Office of the Revisor of Statutes

HF 4072

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to capital improvements; authorizing spending to acquire and better
public land and buildings and other improvements of a capital nature with
certain conditions; authorizing the sale of state bonds; modifying previous
appropriations; appropriating money; amending Minnesota Statutes 2006,
sections 16B.325, as amended; 16B.335, subdivision 2, as amended; 85.012,
by adding a subdivision; 473.4051, as amended; Minnesota Statutes 2007
Supplement, section 16A.531, subdivision 1a; Laws 2005, chapter 20, article 1,
section 23, subdivision 8, as amended; Laws 2006, chapter 258, sections 16,
subdivision 5; 19, subdivision 4; 21, subdivision 15, as amended; Laws 2008,
chapter 179, sections 3, subdivision 12; 5, subdivision 5; 11; 15, subdivision 7;
17, subdivision 2; 21, subdivision 15; 26; repealing Laws 2008, chapter 179,
section 27, subdivision 2.

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

Section 1. new text beginCAPITAL IMPROVEMENT APPROPRIATIONS.
new text end

new text begin The sums shown in the column under "Appropriations" are appropriated from the
bond proceeds fund, or another named fund, to the state agencies or officials indicated,
to be spent for public purposes. Appropriations of bond proceeds must be spent as
authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire
and better public land and buildings and other public improvements of a capital nature, or
as authorized by the Minnesota Constitution, article XI, section 5, paragraphs (b) to (j), or
article XIV. Unless otherwise specified, the appropriations in this act are available until
the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.
new text end

new text begin SUMMARY
new text end
new text begin Natural Resources
new text end
new text begin 20,000,000
new text end
new text begin Administration
new text end
new text begin 3,400,000
new text end
new text begin Metropolitan Council
new text end
new text begin 72,000,000
new text end
new text begin Veterans Affairs
new text end
new text begin 10,100,000
new text end
new text begin TOTAL
new text end
new text begin $
new text end
new text begin 105,500,000
new text end
new text begin Bond Proceeds Fund (General Fund Debt Service)
new text end
new text begin 105,500,000
new text end
new text begin APPROPRIATIONS
new text end

Sec. 2. new text beginNATURAL RESOURCES
new text end

new text begin Lake Vermilion State Park
new text end

new text begin $
new text end
new text begin 20,000,000
new text end

new text begin To the commissioner of natural resources
to acquire land for Lake Vermilion State
Park. Any amount not needed for acquisition
may be used to predesign, design, construct,
furnish, and equip park facilities for the
development of Lake Vermilion State Park.
new text end

Sec. 3. new text beginADMINISTRATION
new text end

new text begin Capital Asset Preservation and Replacement
new text end

new text begin $
new text end
new text begin 3,400,000
new text end

new text begin To the commissioner of administration to
be spent for capital asset preservation and
replacement in accordance with Minnesota
Statutes, section 16A.632.
new text end

Sec. 4. new text beginMETROPOLITAN COUNCIL
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 72,000,000
new text end

new text begin To the Metropolitan Council for the purposes
specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Central Corridor Transit Way
new text end

new text begin 70,000,000
new text end

new text begin (a) For one or more of the following activities
for the Central Corridor light rail transit line
that will connect downtown Minneapolis with
downtown St. Paul: preliminary engineering,
final design, property acquisition, including
improvements and betterments of a capital
nature, relocation of utilities owned by public
entities, and construction. No more than
$20,000,000 of the appropriation may be
used for preliminary engineering.
new text end

new text begin (b) Hennepin and Ramsey Counties need not
spend their matching money for this project
at a rate faster than dollar for dollar with the
money from this appropriation.
new text end

new text begin (c) District heating and district cooling
nonprofit corporations organized under
Minnesota Statutes, chapter 317A, that are
exempt organizations under section 501(c)(3)
of the United States Internal Revenue Code
and are public right-of-way users under
Minnesota Rules, chapter 7819, are eligible
to receive grants and federal money for
costs of relocating facilities from public
rights-of-way to prevent interference with
public light rail projects, unless eligibility
would impact the project's Federal Transit
Authority required cost effectiveness index.
new text end

new text begin Subd. 3. new text end

new text begin Old Cedar Avenue Bridge
new text end

new text begin 2,000,000
new text end

new text begin For a grant to the city of Bloomington for
removal and replacement of the old Cedar
Avenue bridge for bicycle commuters and
recreational users. This appropriation is
added to the appropriation in Laws 2006,
chapter 258, section 17, subdivision 8.
new text end

Sec. 5. new text beginVETERANS AFFAIRS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 10,100,000
new text end

new text begin To the commissioner of administration for
the purposes specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Minneapolis Veterans Home Campus
new text end

new text begin (a) Building 9 Demolition
new text end
new text begin 1,000,000
new text end

new text begin To demolish Building 9 and relocate a water
main serving the campus. This appropriation
is to cover 100 percent of the cost of this
portion of the project.
new text end

new text begin (b) New Nursing Facility
new text end
new text begin 9,100,000
new text end

new text begin To design, construct, furnish, and equip a
100-bed nursing facility on the Minneapolis
campus.
new text end

new text begin The appropriation is to cover the 35 percent
state share of this portion of the project.
new text end

Sec. 6. new text beginBOND SALE AUTHORIZATION.
new text end

new text begin To provide the money appropriated in this act from the bond proceeds fund, the
commissioner of finance shall sell and issue bonds of the state in an amount up to
$105,500,000 in the manner, upon the terms, and with the effect prescribed by Minnesota
Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI,
sections 4 to 7.
new text end

Sec. 7. new text beginBOND SALE AUTHORIZATION REDUCTION.
new text end

new text begin The bond sale authorization in Laws 2008, chapter 179, section 27, subdivision
1, is reduced by $207,588,000.
new text end

Sec. 8.

Minnesota Statutes 2007 Supplement, section 16A.531, subdivision 1a, is
amended to read:


Subd. 1a.

Revenues.

The following revenues must be deposited in the
environmental fund:

(1) deleted text beginalldeleted text end revenue from the motor vehicle transfer fee deleted text beginimposed underdeleted text endnew text begin as provided innew text end
section 115A.908new text begin, subdivision 2new text end;

(2) all fees collected under section 116.07, subdivision 4d;

(3) all money collected by the Pollution Control Agency in enforcement matters
as provided in section 115.073;

(4) all revenues from license fees for individual sewage treatment systems under
section 115.56;

(5) all loan repayments deposited under section 115A.0716;

(6) all revenue from pollution prevention fees imposed under section 115D.12;

(7) all loan repayments deposited under section 116.994;

(8) all fees collected under section 116C.834;

(9) revenue collected from the solid waste management tax pursuant to chapter 297H;

(10) fees collected under section 473.844;

(11) interest accrued on the fund; and

(12) money received in the form of gifts, grants, reimbursement, or appropriation
from any source for any of the purposes provided in subdivision 2, except federal grants.

Sec. 9.

Minnesota Statutes 2006, section 16B.325, as amended by Laws 2008, chapter
179, section 30, is amended to read:


16B.325 SUSTAINABLE BUILDING GUIDELINES.

Subdivision 1.

Development of sustainable building guidelines.

The Department
of Administration and the Department of Commerce, with the assistance of other agencies,
shall develop sustainable building design guidelines for all new state buildings by January
15, 2003, and for all major renovations of state buildings by February 1, 2009. The
primary objectives of these guidelines are to ensure that all new state buildings, and
major renovations of state buildings, initially exceed the state energy code, as established
in Minnesota Rules, chapter 7676, by at least 30 percent.

Subd. 2.

Lowest possible cost; energy conservation.

The guidelines must focus
on achieving the lowest possible lifetime cost for new buildings and major renovations,
and allow for changes in the guidelines that encourage continual energy conservation
improvements in new buildings and major renovations. The guidelines shall define
"major renovations" for purposes of this section. The definition may not allow "major
renovations" to encompass less than 10,000 square feet or to encompass less than the
deleted text begin completedeleted text end replacement of the mechanical, ventilation, or cooling system of the building or
a section of the building. The design guidelines must establish sustainability guidelines
that include air quality and lighting standards and that create and maintain a healthy
environment and facilitate productivity improvements; specify ways to reduce material
costs; and must consider the long-term operating costs of the building, including the use of
renewable energy sources and distributed electric energy generation that uses a renewable
source or natural gas or a fuel that is as clean or cleaner than natural gas.

Subd. 3.

Development of guidelines; applicability.

In developing the guidelines,
the departments shall use an open process, including providing the opportunity for public
comment. The guidelines established under this section are mandatory for all new
buildings receiving funding from the bond proceeds fund after January 1, 2004, and for all
major renovations receiving funding from the bond proceeds fund after January 1, 2009.

Sec. 10.

Minnesota Statutes 2006, section 16B.335, subdivision 2, as amended by
Laws 2008, chapter 179, section 31, is amended to read:


Subd. 2.

Other projects.

All other capital projects for which a specific appropriation
is made must not proceed until the recipient undertaking the project has notified the chair
of the senate Finance Committee, the chair of the house Capital Investment Committee,
and the chair of the house Ways and Means Committee that the work is ready to begin.
Notice is not required for capital projects needed to comply with the Americans with
Disabilities Act, for asset preservation projects to which section deleted text begin16A.307deleted text endnew text begin 16B.307new text end applies,
or for projects funded by an agency's operating budget or by a capital asset preservation
and replacement account under section 16A.632, or a higher education asset preservation
and replacement account under section 135A.046.

Sec. 11.

Minnesota Statutes 2006, section 85.012, is amended by adding a subdivision
to read:


new text begin Subd. 38a. new text end

new text begin Lake Vermilion State Park, St. Louis County.
new text end

Sec. 12.

Minnesota Statutes 2006, section 473.4051, as amended by Laws 2008,
chapters 239, article 1, section 108, and 287, article 1, section 108, is amended to read:


473.4051 LIGHT RAIL TRANSIT new text beginCONSTRUCTION AND new text endOPERATION.

new text begin Subdivision 1. new text end

new text begin Operator. new text end

The council shall operate all light rail transit facilities
and services located in the metropolitan area upon completion of construction of the
facilities and the commencement of revenue service using the facilities. The council
may not allow the commencement of revenue service until after an appropriate period of
acceptance testing to ensure safe and satisfactory performance. In assuming the operation
of the system, the council must comply with section 473.415. The council shall coordinate
operation of the light rail transit system with bus service to avoid duplication of service
on a route served by light rail transit and to ensure the widest possible access to light rail
transit lines in both suburban and urban areas by means of a feeder bus system.

new text begin Subd. 2. new text end

new text begin Operating costs. new text end

new text begin After operating revenue and federal money have been
used to pay for light rail transit operations, 50 percent of the remaining operating costs
must be paid by the state.
new text end

new text begin Subd. 3. new text end

new text begin Capital costs. new text end

new text begin State money may not be used to pay more than ten percent
of the total capital cost of a light rail transit project.
new text end

Sec. 13.

Laws 2005, chapter 20, article 1, section 23, subdivision 8, as amended by
Laws 2008, chapter 179, section 56, is amended to read:


Subd. 8.

Lewis and Clark Rural Water System,
Inc.

2,000,000

This appropriation is from the general fund
to the Public Facilities Authority for grants
to the Lewis and Clark Joint Powers Board
to deleted text beginacquire land, predesign, design, construct,
furnish, and equip water transmission
and storage facilities of
deleted text endnew text begin make an equity
contribution to
new text end the Lewis and Clark Rural
Water System, Inc.new text begin for construction of a
water system, including components inside
and outside of this state,
new text end that will serve
southwestern Minnesota.

Payment to the Lewis and Clark Rural Water
System, Inc., must be approved by the Lewis
and Clark Joint Powers Board.

This appropriation is available only to the
extent that each $1 of state money is matched
by at least $1 of local money paid to the
Lewis and Clark Rural Water System, Inc.
new text begin Amounts spent since April 11, 2005, by
the Lewis and Clark Joint Powers Board
members for payments made to the Lewis
and Clark Rural Water System, Inc. for the
allocated percentage of costs of constructing
the Lewis and Clark Rural Water System
project may be counted as part of the nonstate
match.
new text end

This appropriation is the first phase of the
state share for the Lewis and Clark Rural
Water System, Inc. project as defined in the
federal Lewis and Clark Rural Water System
Act of 2000.

Sec. 14.

Laws 2006, chapter 258, section 16, subdivision 5, is amended to read:


Subd. 5.

Northeast Minnesota rail initiative

1,300,000

For a grant to St. Louis County to
renovate the St. Louis County Heritage
and Arts Center (the Duluth Depot) and
deleted text begin to match federal moneydeleted text end for preliminary
engineeringdeleted text begin,deleted text endnew text begin andnew text end environmental studiesdeleted text begin,
and
deleted text endnew text begin relating tonew text end construction of the rail line,
railway stations, park-and-ride lots, and
other railroad appurtenances necessary
to facilitate the return of intercity and
commuter/passenger rail service within
Duluth and the Duluth/Twin Cities rail
corridor.

Sec. 15.

Laws 2006, chapter 258, section 19, subdivision 4, is amended to read:


Subd. 4.

Hastings Veterans Home Supportive
Housing

700,000

To design deleted text begin30deleted text endnew text begin 60new text end units of permanent
supportive housing for veterans with
disabilities.

The deleted text beginMinnesota Veterans Homes Boarddeleted text endnew text begin
commissioner of veterans affairs
new text end and
the Minnesota Housing deleted text beginFiancedeleted text endnew text begin Financenew text end
Agency must work together cooperatively
on the development of a viable permanent
supportive housing project to serve deleted text beginonlydeleted text endnew text begin
primarily
new text end veterans on the campus of the
Hastings home. new text beginFor purposes of this project,
the commissioners of veterans affairs and
administration may enter into financing
agreements with the Minnesota Housing
Finance Agency to obtain money to design,
construct, and furnish housing for veterans
upon terms and conditions acceptable to the
commissioners.
new text end

Sec. 16.

Laws 2006, chapter 258, section 21, subdivision 15, as amended by Laws
2008, chapter 179, section 67, is amended to read:


Subd. 15.

Lewis and Clark Rural Water
System, Inc.

3,282,000

This appropriation is from the general fund
to the Public Facilities Authority for grants
to the Lewis and Clark Joint Powers Board
to deleted text beginacquire land, predesign, design, construct,
furnish, and equip water transmission
and storage facilities of
deleted text endnew text begin make an equity
contribution to
new text end the Lewis and Clark Rural
Water System, Inc.new text begin for construction of a
water system, including components inside
and outside of this state,
new text end that will serve
southwestern Minnesota.

Payment to the Lewis and Clark Rural Water
System, Inc. must be approved by the Lewis
and Clark Joint Powers Board.

This appropriation is available to the extent
that each $1 of state money is matched by at
least $1 of local money paid to the Lewis and
Clark Rural Water System, Inc. new text beginAmounts
spent since April 11, 2005, by the Lewis
and Clark Joint Powers Board members
for payments made to the Lewis and Clark
Rural Water System, Inc. for the allocated
percentage of costs of constructing the Lewis
and Clark Rural Water System project may
be counted as part of the nonstate match.
new text end

Sec. 17.

Laws 2008, chapter 179, section 3, subdivision 12, is amended to read:


Subd. 12.

Metropolitan State University

(a) Smart Classroom Center
4,980,000

To construct, furnish, and equip renovation
of two floors of technology-enhanced
classrooms and academic offices in the power
plant building. This appropriation includes
money to demolish the power plant annex to
enable the new construction.

(b) Law Enforcement Training Center
13,900,000

To compete design of and to construct,
furnish, and equip, in cooperation with
Minneapolis Community and Technical
College, a colocated Law Enforcement
Training Center on the campus of Hennepin
Technical College in Brooklyn Park. new text beginThe
board may use up to $2,000,000 of college or
university money for this project.
new text end

Sec. 18.

Laws 2008, chapter 179, section 5, subdivision 5, is amended to read:


Subd. 5.

Pollard Hall

200,000

To construct, furnish, and equip the
renovation of Pollard Hall to house the Deaf
and Hard of Hearing Children's deleted text beginResidentialdeleted text end
new text begin Day new text endTreatment Center.

Sec. 19.

Laws 2008, chapter 179, section 11, is amended to read:


Sec. 11. MINNESOTA ZOOLOGICAL
GARDEN

$
2,500,000

To the Minnesota Zoological Garden for
capital asset preservation improvements and
betterments, to be spent in accordance with
Minnesota Statutes, section 16B.307.

deleted text begin $1,526,000 isdeleted text endnew text begin Priority for use of these
funds must be given
new text end to design and construct
improvements to its water management
system. The project must be designed to
address inflow and infiltration problems
associated with the Minnesota Zoo's water
discharge flow to the city of Eagan.

Sec. 20.

Laws 2008, chapter 179, section 15, subdivision 7, is amended to read:


Subd. 7.

Scott County Public Safety Training
Center

1,000,000

Notwithstanding any law to the contrary, for
a grant to Scott County to design, construct,
furnish, and equip deleted text beginadeleted text endnew text begin an expansion of itsnew text end
regional public safety training center in Scott
County.

This appropriation new text beginis in addition to the
appropriation in Laws 2006, chapter 258,
section 15, and
new text endis not available until the
commissioner has determined that at least
an equal amount has been committed from
nonstate sources. new text beginAmounts committed to this
project from nonstate sources since June 2,
2006, may be counted for the nonstate match.
new text end

Sec. 21.

Laws 2008, chapter 179, section 17, subdivision 2, is amended to read:


Subd. 2.

Urban Partnership Agreement

16,672,000

(a) deleted text begin$8,360,000deleted text endnew text begin This appropriationnew text end is to
acquire land, design, and construct new or
expanded park-and-rides or transit stations
in the Interstate 35W and Trunk Highway
77/Cedar Avenue corridorsnew text begin and for bus lane
construction and related street and sidewalk
improvement or bus shelters in downtown
Minneapolis
new text end.

(b) deleted text begin$8,312,000 is for bus lane construction
and related street and sidewalk improvements
and bus shelters in downtown Minneapolis.
deleted text end
Up to $6,433,000 of this appropriation is for
a grant to the city of Minneapolis for bus lane
construction and related street and sidewalk
improvements in downtown Minneapolis.

(c) The deleted text beginappropriationsdeleted text endnew text begin appropriationnew text end in this
subdivision deleted text beginaredeleted text endnew text begin isnew text end not available until the
United States Department of Transportation
authorizes funding under the Urban
Partnership Agreement.

Sec. 22.

Laws 2008, chapter 179, section 21, subdivision 15, is amended to read:


Subd. 15.

St. Cloud State University - National
Hockey Center

6,500,000

To the Board of Trustees of the Minnesota
State Colleges and Universities to predesign,
design, construct, furnish, and equip the
renovation of new text beginand addition to new text endthe National
Hockey Center. new text beginThe board may use
university and nonstate money for the
remainder of the cost of the construction.
new text end

Sec. 23.

Laws 2008, chapter 179, section 26, is amended to read:


Sec. 26. BOND SALE SCHEDULE

The commissioner of finance shall schedule the sale of state general obligation
bonds so that, during the biennium ending June 30, 2009, no more than deleted text begin$871,424,000deleted text endnew text begin
$870,478,000
new text end will need to be transferred from the general fund to the state bond fund to
pay principal and interest due and to become due on outstanding state general obligation
bonds. During the biennium, before each sale of state general obligation bonds, the
commissioner of finance shall calculate the amount of debt service payments needed on
bonds previously issued and shall estimate the amount of debt service payments that will
be needed on the bonds scheduled to be sold. The commissioner shall adjust the amount
of bonds scheduled to be sold so as to remain within the limit set by this section. The
amount needed to make the debt service payments is appropriated from the general fund
as provided in Minnesota Statutes, section 16A.641.

Sec. 24. new text beginLAKE VERMILION STATE PARK.
new text end

new text begin Subdivision 1. new text end

new text begin Lake Vermilion State Park. new text end

new text begin Lake Vermilion State Park is
established in St. Louis County.
new text end

new text begin Subd. 2. new text end

new text begin Management. new text end

new text begin All lands acquired for Lake Vermilion State Park must be
administered in the same manner as provided for other state parks and must be perpetually
dedicated for that use.
new text end

new text begin Subd. 3. new text end

new text begin Boundaries. new text end

new text begin The following described lands are located within the
boundaries of Lake Vermilion State Park:
new text end

new text begin (1) Government Lots 4, 5, 6, 7, 8, 9, and the South Half of the Southeast Quarter, all
in Section 13, Township 62 North, Range 15 West;
new text end

new text begin (2) Government Lots 6 and 8, Section 14, Township 62 North, Range 15 West;
new text end

new text begin (3) Government Lots 1 and 7 and the Northeast Quarter of the Southeast Quarter, all
in Section 22, Township 62 North, Range 15 West;
new text end

new text begin (4) Government Lots 1, 2, 3, 4, the Southeast Quarter of the Northeast Quarter, and
the South Half, all in Section 23, Township 62 North, Range 15 West;
new text end

new text begin (5) all of Section 24, Township 62 North, Range 15 West;
new text end

new text begin (6) all of Section 25, Township 62 North, Range 15 West;
new text end

new text begin (7) all of Section 26, Township 62 North, Range 15 West, excepting therefrom
all that part of the Southeast Quarter of the Southwest Quarter lying South of the south
right-of-way line of State Highway 169 and also excepting therefrom the East 845 feet of
the Southwest Quarter of the Southwest Quarter lying South of the south right-of-way
line of State Highway 169;
new text end

new text begin (8) the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the
Southeast Quarter of Section 27, Township 62 North, Range 15 West;
new text end

new text begin (9) the Southeast Quarter of the Northeast Quarter of Section 29, Township 62
North, Range 15 West, except that part lying South of the centerline of the McKinley
Park Road; and
new text end

new text begin (10) Government Lots 1 and 2 and the East Half of the Northwest Quarter, Section
19, Township 62 North, Range 14 West.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon acquisition by the state by
purchase or by gift of all lands described in subdivision 3.
new text end new text begin new text end

Sec. 25. new text beginACQUISITION; LAKE VERMILION STATE PARK.
new text end

new text begin The commissioner of natural resources may acquire by gift or purchase the lands
for Lake Vermilion State Park. Minnesota Statutes, section 84.0272, subdivision 1, does
not apply to a purchase, except for the requirement that the lands be appraised. The
commissioner must not pay more than 12 percent above the appraised value of the land.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Laws 2008, chapter 179, section 27, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 27. new text beginEFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective the day following final enactment.
new text end