SF 2809

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:40am

A bill for an act
relating to capital investment; repealing authority to build a new legislative
office building; appropriating money remaining from the project to the Capitol
renovation project; amending Laws 2013, chapter 143, article 12, section 21.

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

Section 1.

Laws 2013, chapter 143, article 12, section 21, is amended to read:

Sec. 21.

LEGISLATIVE OFFICE FACILITIES.

deleted text begin (a) The commissioner of administration may enter into a long-term lease-purchase
agreement for a term of up to 25 years, to predesign, design, construct, and equip offices,
hearing rooms, and parking facilities for legislative and other functions. The facility must
be located on the block bounded by Sherburne Avenue on the north, Park Street on the
west, University Avenue on the south, and North Capitol Boulevard on the east. The
legislative office facility must provide office accommodations for all senators and senate
staff who do not have offices in the Capitol building and on-site parking facilities for all
members and staff and disabled visitors to senate offices. A parking structure may also
be built on the state-owned land located in the block bounded by Sherburne Avenue
on the north, Park Street on the east, University Avenue on the south, and Rice Street
on the west. The commissioner of management and budget may issue lease revenue
bonds or certificates of participation associated with the lease-purchase agreement. The
lease-purchase agreements must not be terminated, except for nonappropriation of
money. The lease-purchase agreements must provide the state with a unilateral right to
purchase the leased premises at specified times for specified amounts. The lease-purchase
agreements are exempt from Minnesota Statutes, section 16B.24, subdivisions 6 and 6a.
deleted text end

deleted text begin (b) The facilities under the lease-purchase agreement are exempt from the design
competition requirement under Minnesota Statutes, section 15B.10. Notwithstanding
anything to the contrary under Minnesota Statutes, sections 16C.32 and 16C.33, if the
commissioner of administration elects to use a design-build delivery method to design and
construct one or more facilities under this appropriation, the Capitol Area Architectural and
Planning Board, in cooperation with the commissioner, shall create a selection committee
to act as the board under Minnesota Statutes, sections 16C.32 and 16C.33, for the design
and construction of the facilities. Notwithstanding Minnesota Statutes, section 16B.33, if
the commissioner elects to contract with a primary designer to design one or more facilities
under this appropriation, the Capitol Area Architectural and Planning Board, in cooperation
with the commissioner, shall create a selection committee to conduct the selection process
in accordance with standards under Minnesota Statutes, chapters 15B, 16B, and 16C. A
selection committee created under this section must contain no more than seven members,
including at least three representatives designated by the senate Committee on Rules and
Administration and three representatives designated by the speaker of the house.
deleted text end

deleted text begin (c) deleted text end Notwithstanding any provision to the contrary in Minnesota Statutes, sections
16C.32 and 16C.33, if the commissioner of administration elects to use a design-build
delivery method to design, construct, and equip one or more facilities and associated
infrastructure to provide audio and video broadcast services for the Capitol building deleted text begin , deleted text end new text begin and
new text end State Office Building, deleted text begin and a new legislative office building, if applicable, deleted text end the commissioner
shall create a selection committee to act as the board under Minnesota Statutes, sections
16C.32 and 16C.33, to design, build, and equip the facilities. The selected design-builder
may self-perform trade work or name an audio and video subcontractor as a member of
the design-builder's team. If an audio and video subcontractor is named as a member of
the design-builder's team, the design-builder is not required to competitively bid the trade
work. Notwithstanding Minnesota Statutes, section 16C.33, subdivision 5, paragraph (b),
after obtaining and evaluating qualifications from each design-builder, in accordance
with the weighted criteria and subcriteria and procedures provided in the request for
qualifications, the selection committee shall select a short list of up to five proposals. If
the commissioner does not receive any proposals, the commissioner may either:

(1) solicit new proposals;

(2) revise the request for qualifications and thereafter solicit new proposals using
the revised request for qualifications; or

(3) request selection of a primary designer under Minnesota Statutes, section
16B.33, 16C.08, or 16C.095, and proceed with competitive bidding pursuant to Minnesota
Statutes, sections 16C.25 to 16C.29.

deleted text begin (d) The commissioner of administration may enter into a ground lease for state-owned
property in the capitol area in conjunction with the execution of a lease-purchase
agreement entered into under this section for any improvements constructed on that site.
Notwithstanding the requirements of Minnesota Statutes, section 16A.695, subdivision 2,
paragraph (b), the ground lease must be for a term equal to the term of the lease-purchase
agreement, and must include an option to purchase the land at its then fair market value, if
the improvements are not purchased by the state at the end of the term of the lease-purchase
agreement, or at any earlier time that the lease-purchase agreement is terminated.
deleted text end

deleted text begin (e) The commissioner of administration must not prepare final plans and
specifications for any construction authorized under this section until the program plan
and cost estimates for all elements necessary to complete the project have been approved
by the senate Committee on Rules and Administration.
deleted text end

deleted text begin (f) deleted text end new text begin The unencumbered, unexpended, or unobligated amount of the new text end $3,000,000
deleted text begin is deleted text end appropriated in fiscal year 2014 from the general fund to the commissioner of
administration for deleted text begin predesign and design of facilities authorized under paragraph (a) deleted text end new text begin a
new legislative office building is appropriated to the commissioner of administration for
the Capitol renovation project new text end . This appropriation is available deleted text begin for expenditure the day
following final enactment and deleted text end until June 30, 2015.

deleted text begin (g) The commissioner of administration may reserve a portion of money from
appropriations for office space costs of the legislature to fund future repairs for facilities
constructed under the authority provided in this section. Money reserved under this
paragraph must be credited to a segregated account for each building in the special
revenue fund and is appropriated to the commissioner to make the repairs. When the state
acquires title to a building with an account established under this paragraph, the account
for that building must be abolished and the balance remaining in the account must be
transferred to the appropriate asset preservation and replacement account.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end