SF 2718

as introduced - 91st Legislature (2019 - 2020) Posted on 03/27/2019 03:38pm

A bill for an act
relating to state government; changing project amount threshold for state agencies
required to request a primary designer for a project; amending Minnesota Statutes
2018, section 16B.33, subdivisions 3, 3a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 16B.33, subdivision 3, is amended to read:

Subd. 3.

Agencies must request designer.

(a) Application. Upon undertaking a project
with an estimated cost greater than deleted text begin $2,000,000 deleted text end new text begin $4,000,000 new text end or a planning project with
estimated fees greater than deleted text begin $200,000 deleted text end new text begin $400,000 new text end , every user agency, except the Capitol Area
Architectural and Planning Board, shall submit a written request for a primary designer for
its project to the commissioner, who shall forward the request to the board. The University
of Minnesota and the Minnesota State Colleges and Universities shall follow the process
in subdivision 3a to select designers for their projects. The written request must include a
description of the project, the estimated cost of completing the project, a description of any
special requirements or unique features of the proposed project, and other information which
will assist the board in carrying out its duties and responsibilities set forth in this section.

(b) Reactivated project. If a project for which a designer has been selected by the board
becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations,
or other reasons, the commissioner, the Minnesota State Colleges and Universities, or the
University of Minnesota may, if the project is reactivated, retain the same designer to
complete the project.

(c) Fee limit reached after designer selected. If a project initially estimated to be below
the cost and planning fee limits of this subdivision has its cost or planning fees revised so
that the limits are exceeded, the project must be referred to the board for designer selection
even if a primary designer has already been selected. In this event, the board may, without
conducting interviews, elect to retain the previously selected designer if it determines that
the interests of the state are best served by that decision and shall notify the commissioner
of its determination.

Sec. 2.

Minnesota Statutes 2018, section 16B.33, subdivision 3a, is amended to read:

Subd. 3a.

Higher education projects.

(a) When the University of Minnesota or the
Minnesota State Colleges and Universities undertakes a project involving construction or
major remodeling, as defined in section 16B.335, subdivision 1, with an estimated cost
greater than deleted text begin $2,000,000 deleted text end new text begin $4,000,000 new text end or a planning project with estimated fees greater than
deleted text begin $200,000 deleted text end new text begin $400,000 new text end , the system shall submit a written request for a primary designer to the
commissioner, as provided in subdivision 3.

(b) When the University of Minnesota or the Minnesota State Colleges and Universities
undertakes a project involving renovation, repair, replacement, or rehabilitation, the system
office may submit a written request for a primary designer to the commissioner as provided
in subdivision 3.

(c) For projects at the University of Minnesota or the State Colleges and Universities,
the board shall select at least two primary designers under subdivision 4 for recommendation
to the Board of Regents or the Board of Trustees. Meeting records or written evaluations
that document the final selection are public records. The Board of Regents or the Board of
Trustees shall notify the commissioner of the designer selected from the recommendations.

Sec. 3.

Minnesota Statutes 2018, section 16B.33, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Rate of inflation. new text end

new text begin Beginning December 31, 2024, and by December 31 of
every fifth year thereafter, the commissioner, in consultation with the commissioner of
management and budget, shall determine the percentage increase in the rate of inflation, as
measured by the Means Quarterly Construction Cost Index, during the five-year period
preceding that year. The thresholds in subdivisions 3, paragraph (a), and 3a, paragraph (a),
shall be increased by the percentage calculated by the commissioner to the nearest $100,000.
new text end