3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to capital improvements; cleaning up lands 1.3 contaminated by petroleum leaks; providing for 1.4 replacement of leaking underground petroleum tanks; 1.5 cleaning up contaminated building sites; transferring 1.6 authority to administer individual on-site sewage 1.7 treatment programs to the pollution control agency; 1.8 modifying sewer loan repayment provisions; authorizing 1.9 the sale of state bonds; encouraging recycling of 1.10 antifreeze; requiring collection and recycling of used 1.11 motor oil and filters; clarifying limits on grants for 1.12 early childhood learning and protection facilities; 1.13 appropriating money for flood damage reduction and for 1.14 local bridges; modifying previous appropriations for 1.15 certain capital improvements; changing the source of 1.16 funds for certain projects; defining design and 1.17 predesign; transferring authority to administer grants 1.18 for certain projects; appropriating money; amending 1.19 Minnesota Statutes 1996, sections 16B.335, subdivision 1.20 3; 115A.916; 115C.08, subdivision 4; 115C.09, by 1.21 adding a subdivision; 115C.13; 116.18, subdivision 3c; 1.22 116J.551; 116J.553, subdivision 2; 116J.554, 1.23 subdivision 1; 268.917; 325E.10, subdivision 2, and by 1.24 adding subdivisions; 325E.11; 325E.112, subdivision 2; 1.25 and 446A.072, by adding a subdivision; Laws 1994, 1.26 chapter 643, sections 3, subdivision 2; 15, 1.27 subdivisions 2 and 4; and 23, subdivision 28, as 1.28 amended, and by adding a subdivision; and Laws 1996, 1.29 chapters 351, section 2; 407, section 8, subdivision 1.30 3; and 463, sections 3, subdivision 7; 7, subdivision 1.31 9; 13, subdivisions 2, 4, and 8; 22, subdivision 8; 1.32 and 24, subdivision 8; proposing coding for new law in 1.33 Minnesota Statutes, chapter 116J; repealing Laws 1994, 1.34 chapter 643, section 19, subdivision 11; and Laws 1.35 1996, chapter 463, section 7, subdivision 26. 1.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.37 ARTICLE 1 1.38 PETROLEUM CONTAMINATION CLEANUP 1.39 Section 1. Minnesota Statutes 1996, section 115C.08, 1.40 subdivision 4, is amended to read: 2.1 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 2.2 spent: 2.3 (1) to administer the petroleum tank release cleanup 2.4 program established in this chapter; 2.5 (2) for agency administrative costs under sections 116.46 2.6 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 2.7 action taken by the agency under section 115C.03, including 2.8 investigations; 2.9 (3) for costs of recovering expenses of corrective actions 2.10 under section 115C.04; 2.11 (4) for training, certification, and rulemaking under 2.12 sections 116.46 to 116.50; 2.13 (5) for agency administrative costs of enforcing rules 2.14 governing the construction, installation, operation, and closure 2.15 of aboveground and underground petroleum storage tanks; 2.16 (6) for reimbursement of the harmful substance compensation 2.17 account under subdivision 5 and section 115B.26, subdivision 4; 2.18 (7) for administrative and staff costs as set by the board 2.19 to administer the petroleum tank release program established in 2.20 this chapter;and2.21 (8) for corrective action performance audits under section 2.22 115C.093; and 2.23 (9) for contamination cleanup grants, as provided in 2.24 paragraph (c). 2.25 (b) Except as provided in paragraph (c), money in the fund 2.26 is appropriated to the board to make reimbursements or payments 2.27 under this section. 2.28 (c) Until December 31, 1999, $6,200,000 is annually 2.29 appropriated from the fund to the commissioner of trade and 2.30 economic development for contamination cleanup grants under 2.31 section 116J.554, provided that money appropriated in this 2.32 paragraph may be used only for cleanup costs attributable to 2.33 petroleum contamination, as determined by the commissioner of 2.34 the pollution control agency. 2.35 Sec. 2. Minnesota Statutes 1996, section 115C.09, is 2.36 amended by adding a subdivision to read: 3.1 Subd. 3e. [REIMBURSEMENTS; SMALL GASOLINE RETAILERS.] (a) 3.2 As used in this subdivision, "small gasoline retailer" means a 3.3 responsible person who owns no more than one location where 3.4 motor fuel was dispensed into motor vehicles or aircraft in the 3.5 previous year. 3.6 (b) For eligible applicants who are small gasoline 3.7 retailers that have dispensed less than 500,000 gallons of motor 3.8 fuel during the most recent calendar year that petroleum 3.9 products were dispensed at the location owned by the retailer, 3.10 the board shall reimburse the applicant for 90 percent of the 3.11 applicant's total reimbursable cost for tank removal projects 3.12 started after January 1, 1997, including, but not limited to, 3.13 closure in place, backfill, resurfacing, and utility service 3.14 restoration costs, provided that the tank involved is a 3.15 regulated underground storage tank. 3.16 (c) For eligible applicants who are small gasoline 3.17 retailers that have dispensed less than 250,000 gallons of motor 3.18 fuel during the most recent calendar year that petroleum 3.19 products were dispensed at the location owned by the retailer, 3.20 provided that the tank involved is a regulated underground 3.21 storage tank, the board shall reimburse the applicant for 95 3.22 percent of the following costs: 3.23 (1) tank removal costs described in paragraph (b); 3.24 (2) installation and excavation costs incurred in 3.25 conjunction with new tank installation; and 3.26 (3) petroleum contamination cleanup as provided under 3.27 subdivision 1. 3.28 Sec. 3. Minnesota Statutes 1996, section 115C.13, is 3.29 amended to read: 3.30 115C.13 [REPEALER.] 3.31 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 3.32 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 3.33 115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective 3.34 June 30,20002005. Section 115C.09, subdivision 3e, is 3.35 repealed effective December 31, 1999. 3.36 Sec. 4. [116J.56] [UNDERGROUND PETROLEUM TANK REPLACEMENT 4.1 LOAN PROGRAM.] 4.2 Subdivision 1. [LOAN PROGRAM.] (a) The commissioner shall 4.3 establish and implement an underground petroleum tank 4.4 replacement loan program to facilitate the continued operation 4.5 of small gasoline retailers, as defined in section 115C.09, 4.6 subdivision 3e, paragraph (a), in this state. 4.7 (b) The commissioner may make a direct loan for the cost of 4.8 a replacement tank to a small gasoline retailer who has 4.9 dispensed less than 500,000 gallons of motor fuel during the 4.10 previous year who demonstrates an ability to repay the loan. 4.11 The interest rate on the loan shall not exceed three percent per 4.12 year, and the term of the loan may not exceed seven years. 4.13 Loans made under this subdivision may not exceed $10,000 or the 4.14 total out-of-pocket expenses of the small gasoline retailer for 4.15 tank replacement, whichever is less. Payments on the principal 4.16 shall be credited to the petroleum tank fund under section 4.17 115C.08. The interest payments must be deposited in the state 4.18 treasury and credited to an account in the special revenue 4.19 fund. Money in this account is appropriated to the commissioner 4.20 for administrative expenses of the underground petroleum tank 4.21 replacement loan program. 4.22 Subd. 2. [APPROPRIATION.] An amount necessary is 4.23 appropriated from the petroleum tank release cleanup fund to the 4.24 commissioner of trade and economic development for the 4.25 underground petroleum tank replacement loan program established 4.26 under this section. 4.27 Subd. 3. [REPEALER.] This section is repealed effective 4.28 December 31, 1999. 4.29 Sec. 5. [EFFECTIVE DATE.] 4.30 Sections 2 and 4 are effective the day following enactment. 4.31 ARTICLE 2 4.32 CONTAMINATED SITE CLEANUP GRANTS 4.33 Section 1. Minnesota Statutes 1996, section 116J.551, is 4.34 amended to read: 4.35 116J.551 [CREATION OF ACCOUNT; GRANTS AND REPAYMENT.] 4.36 A contaminated site cleanup anddevelopmentpredevelopment 5.1 account is created in the general fund. Money in the account 5.2 may be used, as appropriated by law, to make grants as provided 5.3 insectionsections 116J.554 and 116J.564 and to pay for the 5.4 commissioner's costs in reviewing applications and making grants. 5.5 Grants from the contaminated site cleanup and predevelopment 5.6 account must be repaid without interest to the commissioner 5.7 according to the formula in this section and deposited into the 5.8 account. The grantee must repay an amount equal to the fair 5.9 market value of the property multiplied by the percentage that 5.10 the grant received for the property bears to the property's 5.11 total cleanup and predevelopment costs; provided that in no 5.12 event may the repayment exceed the amount of the grant. The 5.13 fair market value shall be determined by the commissioner at the 5.14 time the cleanup and predevelopment phases are completed and the 5.15 property is ready to develop. The commissioner shall negotiate 5.16 a payback schedule providing for payback over a period of up to 5.17 three years beginning at the time the property is ready to 5.18 develop. 5.19 Sec. 2. Minnesota Statutes 1996, section 116J.553, 5.20 subdivision 2, is amended to read: 5.21 Subd. 2. [REQUIRED CONTENT.] (a) The commissioner shall 5.22 prescribe and provide the application form. Except as provided 5.23 in paragraph (b), the application must include at least the 5.24 following information: 5.25 (1) identification of the site; 5.26 (2) an approved response action plan for the site, 5.27 including the results of engineering and other tests showing the 5.28 nature and extent of the release or threatened release of 5.29 contaminants at the site; 5.30 (3) a detailed estimate, along with necessary supporting 5.31 evidence, of the total cleanup costs for the site; 5.32 (4) an appraisal of the current market value of the 5.33 property, separately taking into account the effect of the 5.34 contaminants on the market value, prepared by a qualified 5.35 independent appraiser using accepted appraisal methodology; 5.36 (5) an assessment of the development potential or likely 6.1 use of the site after completion of the response action plan, 6.2 including any specific commitments from third parties to 6.3 construct improvements on the site; 6.4 (6) the manner in which the municipality will meet the 6.5 local match requirement; and 6.6 (7) any additional information or material that the 6.7 commissioner prescribes. 6.8 (b) An application for a grant under section 116J.554, 6.9 subdivision 1, paragraph (b), must include a detailed estimate 6.10 of the cost of the actions for which the grant is sought, but 6.11 need not include the information specified in paragraph (a), 6.12 clauses (2) to (4), and (6). 6.13 Sec. 3. Minnesota Statutes 1996, section 116J.554, 6.14 subdivision 1, is amended to read: 6.15 Subdivision 1. [AUTHORITY.] (a) The commissioner may make 6.16 a grant to an applicant development authority to pay for up to 6.17 75 percent of the cleanup costs for a qualifying site, except6.18the grant may not exceedor 50 percent of the project costs, 6.19 whichever is greater. 6.20 (b) The commissioner may also make a grant to an applicant 6.21 development authority to pay up to 75 percent or $50,000, 6.22 whichever is less, toward the cost of performing contaminant 6.23 investigations and the development of a response action plan for 6.24 a qualifying site. 6.25 (c) The determination of whether to make a grant for a 6.26 qualifying site is within the sole discretion of the 6.27 commissioner, subject to the process provided by this section, 6.28 and available unencumbered money in the appropriation. The 6.29 commissioner's decisions and application of the priorities under 6.30 section 116J.555 are not subject to judicial review, except for 6.31 abuse of discretion. 6.32 (d) The total amount of money provided in grants under 6.33 paragraph (b) may not exceed $250,000 per fiscal year. 6.34 (e) In making grants under paragraph (b), the commissioner 6.35 shall give priority to applicants that have not received a grant 6.36 under paragraph (a) or section 473.252 during the year ending on 7.1 the date of application. 7.2 Sec. 4. [116J.562] [DEFINITIONS.] 7.3 Subdivision 1. [APPLICATION.] For the purposes of sections 7.4 116J.562 to 116J.564, the following terms have the meanings 7.5 given. 7.6 Subd. 2. [DEVELOPMENT AUTHORITY.] "Development authority" 7.7 has the meaning given in section 116J.552, subdivision 4. 7.8 Subd. 3. [METROPOLITAN AREA.] "Metropolitan area" has the 7.9 meaning given in section 116J.552, subdivision 5. 7.10 Subd. 4. [MUNICIPALITY.] "Municipality" has the meaning 7.11 given in section 116J.552, subdivision 6. 7.12 Subd. 5. [QUALIFYING SITE.] "Qualifying site" means: 7.13 (1) a qualifying site under section 116J.564, subdivision 7.14 2; or 7.15 (2) a site that would represent more than 50 percent of the 7.16 remaining land in a city suitable for industrial development if 7.17 it was properly filled. 7.18 Subd. 6. [PREDEVELOPMENT COSTS.] "Predevelopment costs" 7.19 means costs of the following: property acquisition; demolition 7.20 of existing improvements; relocation of persons or businesses; 7.21 site preparation and grading. 7.22 Sec. 5. [116J.563] [GRANT APPLICATIONS.] 7.23 Subdivision 1. [APPLICATION REQUIRED.] To obtain a 7.24 predevelopment and job creation grant, a development authority 7.25 shall apply to the commissioner. 7.26 Subd. 2. [REQUIRED CONTENT.] The commissioner shall 7.27 prescribe and provide the application form. An application must 7.28 include at least the following information: 7.29 (1) identification of the site; 7.30 (2) a detailed estimate, along with necessary supporting 7.31 evidence, of the total predevelopment costs for the site; 7.32 (3) an assessment of the development potential or likely 7.33 use of the site, including any specific commitments from third 7.34 parties to construct improvements on the site; and 7.35 (4) any additional information or material that the 7.36 commissioner prescribes. 8.1 Sec. 6. [116J.564] [GRANTS.] 8.2 Subdivision 1. [AUTHORITY.] The commissioner may make 8.3 grants to development authorities for up to 75 percent of the 8.4 predevelopment costs at qualifying sites. The determination of 8.5 whether to make a grant for a qualifying site is within the sole 8.6 discretion of the commissioner, subject to the process and 8.7 criteria provided by this section and available appropriations. 8.8 The commissioner's decisions and application of the priorities 8.9 under subdivision 3 are not subject to judicial review, except 8.10 for abuse of discretion. 8.11 Subd. 2. [QUALIFYING SITES.] A site qualifies for a grant 8.12 under this section if: 8.13 (1) the appraised value of the site, after adjusting for 8.14 the effect on the value of the presence or possible presence of 8.15 contaminants, using accepted appraisal methodology (i) is less 8.16 than 50 percent of the estimated cleanup costs for the site or 8.17 (ii) is less than or equal to the estimated cleanup costs for 8.18 the site and the cleanup costs equal or exceed $3 per square 8.19 foot for the site; or 8.20 (2) the site is a qualifying site under section 116J.562, 8.21 subdivision 5, clause (2); and 8.22 (3) after completion of the grant-funded project, it is 8.23 expected that the site will be further improved in a manner that 8.24 complies with the conditions in subdivision 4. 8.25 Subd. 3. [PRIORITIES] (a) The legislature expects that 8.26 applications for grants will exceed the available appropriations 8.27 and the commissioner will be able to provide grants to only some 8.28 of the applicant development authorities. 8.29 (b) The commissioner shall make grants for sites that, in 8.30 the commissioner's judgment, provide the highest return in 8.31 public benefits for the public costs incurred and that meet all 8.32 of the requirements provided by law. In making this judgment, 8.33 the commissioner shall consider the following factors: 8.34 (1) the number of jobs expected to be created and retained 8.35 after development of a qualified site and the average 8.36 anticipated wage levels of the jobs; 9.1 (2) the total amount of the requested assistance in 9.2 relation to the total full-time jobs which will result from the 9.3 redevelopment on the qualified site; 9.4 (3) the proportion of the requested assistance to the 9.5 estimated total predevelopment costs for a qualified site; 9.6 (4) the probability that a qualified site will be 9.7 redeveloped without use of public money in the reasonably 9.8 foreseeable future; 9.9 (5) the proportion of the estimated total costs of 9.10 contamination cleanup at a qualified site to the estimated total 9.11 of redevelopment costs; 9.12 (6) the availability of funds for contamination cleanup; 9.13 (7) the current unemployment rate in the municipality in 9.14 which the qualified site is located; 9.15 (8) the level of reliance on public assistance in the 9.16 municipality in which the qualified site is located, as measured 9.17 by the applicable county welfare rolls; and 9.18 (9) the extent of poverty in the municipality in which the 9.19 qualified site is located, as measured by percentage of 9.20 population living below the poverty line, percentage of children 9.21 under 18 years of age living below the poverty line, and 9.22 percentage of ethnic minorities living below the poverty line. 9.23 (c) The factors in paragraph (b) are not listed in order of 9.24 priority and the commissioner may weigh each factor, depending 9.25 upon the facts and circumstances, as the commissioner considers 9.26 appropriate. The absence of a specific commitment from a third 9.27 party to construct improvements on a site does not make the site 9.28 ineligible for a grant. The commissioner shall provide a 9.29 written statement of the supporting reasons for each grant. 9.30 Subd. 4. [GRANT CONDITIONS.] A grant awarded under this 9.31 section is subject to the following conditions applicable to the 9.32 use of the site when fully developed: 9.33 (1) the site must be used for industrial purposes; 9.34 (2) at least 30 percent of the site must be covered by 9.35 buildings; 9.36 (3) the buildings constructed on the site must have an 10.1 average construction value of at least $30 per square foot if 10.2 the qualified site is located in the metropolitan area and $20 10.3 per square foot if the qualified site is located outside of the 10.4 metropolitan area; 10.5 (4) the site must provide at least one job for each 1,000 10.6 square feet of building space; and 10.7 (5) preference for employees hired to work at a business 10.8 located at the site must be given to qualified residents of the 10.9 municipality in which the site is located. If at least 60 10.10 percent of the employees hired to work at a business are not 10.11 residents, then the business must certify to the municipality 10.12 that a sufficient number of qualified residents are not 10.13 available and agree to fill vacant positions with qualified 10.14 residents referred to the business by the municipality, until 10.15 the 60 percent level is attained. 10.16 Subd. 5. [APPLICATION CYCLES; REPORTS.] (a) In making 10.17 grants, the commissioner shall establish semiannual application 10.18 deadlines in which grants will be authorized from all or part of 10.19 the available appropriations of money in the account. 10.20 (b) The commissioner shall annually report to the 10.21 legislature on the status of the predevelopment and job creation 10.22 projects undertaken under grants made under this program. The 10.23 commissioner shall include in the annual report information on 10.24 the predevelopment and job creation activities undertaken for 10.25 the grants made in that and previous fiscal years. The 10.26 commissioner shall make this report no later than 120 days after 10.27 the end of the fiscal year. 10.28 Sec. 7. [APPROPRIATION.] 10.29 $13,500,000 in fiscal year 1998 and $8,500,000 in fiscal 10.30 year 1999 is appropriated from the general fund to the 10.31 commissioner of trade and economic development for transfer to 10.32 the contaminated site cleanup and predevelopment account and is 10.33 appropriated to the commissioner of the department of trade and 10.34 economic development for the purposes specified in Minnesota 10.35 Statutes, section 116J.551. Of this amount, $7,000,000 for the 10.36 biennium is included in the department's base. 11.1 ARTICLE 3 11.2 INDIVIDUAL SEWAGE AND WASTEWATER TREATMENT PROGRAMS 11.3 Section 1. Minnesota Statutes 1996, section 116.18, 11.4 subdivision 3c, is amended to read: 11.5 Subd. 3c. [INDIVIDUAL ON-SITE TREATMENT SYSTEMS PROGRAM.] 11.6 (a) Beginning in fiscal year 1989, up to ten percent of the 11.7 money to be awarded as grants under subdivision 3a in any single 11.8 fiscal year, up to a maximum of $1,000,000, may be set aside for 11.9 the award of grants by theauthorityagency to municipalities to 11.10 reimburse owners of individual on-site wastewater treatment 11.11 systems for a part of the costs of upgrading or replacing the 11.12 systems. 11.13 (b) An individual on-site treatment system is a wastewater 11.14 treatment system, or part thereof, that uses soil treatment and 11.15 disposal technology to treat 5,000 gallons or less of wastewater 11.16 per day from dwellings or other establishments. 11.17 (c) Municipalities may apply yearly for grants of up to 50 11.18 percent of the cost of replacing or upgrading individual on-site 11.19 treatment systems within their jurisdiction, up to a limit of 11.20 $5,000 per system or per connection to a cluster system. Before 11.21 agency approval of the grant application, a municipality must 11.22 certify that: 11.23 (1) it has adopted and is enforcing the requirements of 11.24 Minnesota Rules governing individual sewage treatment systems; 11.25 (2) the existing systems for which application is made do 11.26 not conform to those rules,were constructed prior to January 1,11.271977are at least 20 years old, do not serve seasonal 11.28 residences, and were not constructed with state or federal 11.29 funds; and 11.30 (3) the costs requested do not include administrative 11.31 costs, costs for improvements or replacements made before the 11.32 application is submitted to theauthorityagency unless it 11.33 pertains to the plan finally adopted, and planning and 11.34 engineering costs other than those for the individual site 11.35 evaluations and system design. 11.36 (d) The federal and state regulations regarding the award 12.1 of state and federal wastewater treatment grants do not apply to 12.2 municipalities or systems funded under this subdivision, except 12.3 as provided in this subdivision. 12.4 (e)The authority shall award individual on-site wastewater12.5treatment grants to municipalities selected by the state12.6pollution control commissioner upon certification by the state12.7pollution control commissioner that the municipalities'12.8applications have been reviewed and approved in accordance with12.9this subdivision and agency rules adopted under paragraph (f).12.10(f)The agency shall adopt permanent rules regarding 12.11 priorities, distribution of funds, payments, 12.12 inspections, procedures for administration of the agency's 12.13 duties, and other matters that the agency finds necessary for 12.14 proper administration of grants awarded under this subdivision. 12.15(g) The commissioner of trade and economic development may12.16adopt rules containing procedures for administration of the12.17authority's duties as set forth in paragraph (e).12.18 Sec. 2. Minnesota Statutes 1996, section 446A.072, is 12.19 amended by adding a subdivision to read: 12.20 Subd. 4a. [LOAN REPAYMENT; NEW DEVELOPMENT.] (a) For the 12.21 purposes of this subdivision, "loan" includes a loan that has 12.22 been forgiven under this section. 12.23 (b) A municipality that receives a supplemental assistance 12.24 loan under this section that later extends sewer service to 12.25 serve a residential, industrial, or commercial development that 12.26 is completed on unplatted land after March 1, 1996, or that is 12.27 on a lot whose plat was recorded after that date, must repay a 12.28 portion of the loan to the authority prior to providing the 12.29 sewer connection. The commissioner shall calculate the amount 12.30 to be repaid by first determining the number of households 12.31 included in the extension financed by the original loan. The 12.32 commissioner must then determine the present value of the 12.33 original loan amount. The interest rate used to calculate the 12.34 present value must be equivalent to the interest rate on the 12.35 loan made to the municipality under section 446A.07 at the time 12.36 of the original supplemental assistance loan under this 13.1 section. The commissioner must then divide the present value of 13.2 the loan by the number of households included in the original 13.3 loan. For an extension to a residential development, the 13.4 repayment to the authority must be equal to the per household 13.5 amount calculated for the original loan multiplied by the number 13.6 of households in the proposed extension. For an extension to a 13.7 commercial or industrial development, the commissioner shall 13.8 determine the repayment to the authority by using the per 13.9 household amount calculated for the original loan to calculate a 13.10 proportionally equivalent amount based on the projected 13.11 wastewater discharge from the proposed development. The total 13.12 repayments to the authority under this paragraph may not exceed 13.13 the original amount of the supplemental assistance loan. The 13.14 repayment must be processed as provided in subdivision 7. 13.15 Sec. 3. [APPROPRIATION FOR COUNTYWIDE INDIVIDUAL SEWAGE 13.16 TREATMENT SYSTEM LOAN PROGRAMS.] 13.17 $10,000,000 in fiscal year 1998 and $5,000,000 in fiscal 13.18 year 1999 from the general fund is appropriated to the 13.19 commissioner of agriculture to provide loans to counties for 13.20 loans to property owners under Minnesota Statutes, section 13.21 115.57 or 17.117. Individual counties may elect to apply for 13.22 and administer the loans pursuant to the agricultural best 13.23 management loan practices program established in Minnesota 13.24 Statutes, section 17.117, or under section 115.57. Regardless 13.25 of the section a county applies under, the commissioner shall 13.26 review and rank allocation requests from counties pursuant to 13.27 the procedure and relevant criteria listed in Minnesota 13.28 Statutes, section 17.117, subdivision 9. Loans made under 13.29 Minnesota Statutes, section 17.117 with funds appropriated under 13.30 this section must be used for site evaluation, design, 13.31 installation, repair, and replacement of individual sewage 13.32 treatment systems only. Notwithstanding the eligibility 13.33 criteria in Minnesota Statutes, section 17.117, subdivision 1 13.34 and subdivision 4, paragraph (e), all private landowners in a 13.35 county may apply for loans made under this section. Loans made 13.36 under Minnesota Statutes, section 115.57 may be used for any of 14.1 the purposes specified in that section. Counties receiving 14.2 funds under this section must use the funds to administer loan 14.3 programs on a countywide basis. This biennial appropriation is 14.4 a one-time appropriation and must not be included in the 14.5 agency's base. 14.6 Sec. 4. [APPROPRIATION TO WASTEWATER INFRASTRUCTURE 14.7 FUNDING PROGRAMS.] 14.8 $12,500,000 is appropriated from the bond proceeds fund to 14.9 the public facilities authority for loans to eligible 14.10 municipalities under the wastewater infrastructure funding 14.11 program established in Minnesota Statutes, section 446A.072. 14.12 Sec. 5. [BOND SALE.] 14.13 To provide the money appropriated in this act from the 14.14 state bond proceeds fund, the commissioner of finance, on 14.15 request of the governor, shall sell and issue bonds of the state 14.16 in an amount up to $12,500,000 in the manner, upon the terms, 14.17 and with the effect presented by Minnesota Statutes, sections 14.18 16A.631 to 16A.675, the Minnesota Constitution, article XI, 14.19 sections 4 to 7. 14.20 Sec. 6. [APPROPRIATION; INDIVIDUAL SEWAGE TREATMENT SYSTEM 14.21 GRANTS.] 14.22 $1,500,000 in fiscal year 1998 and $1,500,000 in fiscal 14.23 year 1999 from the general fund is appropriated to the 14.24 commissioner of the pollution control agency for grants to 14.25 municipalities for the purposes specified in Minnesota Statutes, 14.26 section 116.18, subdivision 3c. For purposes of grants awarded 14.27 under this section, the definition of "individual on-site 14.28 treatment system" in Minnesota Statutes, section 116.18, 14.29 subdivision 3c, paragraph (b), also includes an alternative 14.30 discharging sewage system serving one or more dwellings and 14.31 other establishments that discharges less than 10,000 gallons of 14.32 water per day and uses any treatment and disposal methods other 14.33 than subsurface soil treatment and disposal, as permitted under 14.34 Minnesota Statutes, section 115.58. Up to ten percent of this 14.35 appropriation may be used for administration of the grants. 14.36 This biennial appropriation is a one-time appropriation and must 15.1 not be included in the agency's base. 15.2 ARTICLE 4 15.3 USED MOTOR OIL AND USED MOTOR OIL FILTER COLLECTION 15.4 Section 1. Minnesota Statutes 1996, section 115A.916, is 15.5 amended to read: 15.6 115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 15.7 (a) A person may not knowingly place motor oil, brake 15.8 fluid, power steering fluid, transmission fluid, motor oil 15.9 filters, or motor vehicle antifreeze: 15.10 (1) in solid waste or in a solid waste management facility 15.11 other than a recycling facility or a household hazardous waste 15.12 collection facility; 15.13 (2) in or on the land, unless approved by the agency; or 15.14 (3) in or on the waters of the state or in a stormwater or 15.15 wastewater collection or treatment system. 15.16 (b) For the purposes of this section, "antifreeze" does not 15.17 include small amounts of antifreeze contained in water used to 15.18 flush the cooling system of a vehicle after the antifreeze has 15.19 been drained and does not include deicer that has been used on 15.20 the exterior of a vehicle. 15.21 (c) For businesses that purchase or use an annual average 15.22 of over15050 gallons of motor vehicle antifreeze per month for 15.23 on-site installation in motor vehicles, this section does not 15.24 apply to antifreeze placed in a wastewater collection system 15.25 that includes a publicly owned treatment works that is permitted 15.26 by the agency until December 31,19961997. For businesses that 15.27 purchase or use an annual average of15050 gallons or less of 15.28 motor vehicle antifreeze per month for on-site installation in 15.29 motor vehicles, this section does not apply to antifreeze placed 15.30 in a wastewater collection system that includes a publicly owned 15.31 treatment works that is permitted by the agency untilDecember15.3231, 1997July 1, 1998. 15.33 (d) Notwithstanding paragraph (a), motor oil filters and 15.34 portions of motor oil filters may be processed at a permitted 15.35 mixed municipal solid waste resource recovery facility that 15.36 directly burns the waste if: 16.1 (1) the facility is subject to an industrial waste 16.2 management plan that addresses management of motor oil filters 16.3 and the owner or operator of the facility can demonstrate to the 16.4 satisfaction of the commissioner that the facility is in 16.5 compliance with that plan; 16.6 (2) the facility recovers ferrous metal after incineration 16.7 for recycling as part of its operation; and 16.8 (3) the motor oil filters are collected separately from 16.9 mixed municipal solid waste and are not combined with it except 16.10 for the purpose of incinerating the waste. 16.11 (e) The commissioner of the pollution control agency, 16.12 industry organizations representing automotive repair businesses 16.13 and antifreeze recycling businesses, and environmental 16.14 organizations shall work together to develop and promote 16.15 opportunities to recycle waste motor vehicle antifreeze and to 16.16 review the impact of alternative antifreeze disposal or 16.17 recycling methods on businesses and the environment. 16.18 Sec. 2. Minnesota Statutes 1996, section 325E.10, 16.19 subdivision 2, is amended to read: 16.20 Subd. 2. "Motor oil" meanspetroleum basedoil used as a 16.21 lubricant or hydraulics in a transmission or internal combustion 16.22 engine motor vehicle as defined in section 168.011, subdivision 16.23 4. 16.24 Sec. 3. Minnesota Statutes 1996, section 325E.10, is 16.25 amended by adding a subdivision to read: 16.26 Subd. 2a. "Motor oil filter" means any filter used in 16.27 combination with motor oil. 16.28 Sec. 4. Minnesota Statutes 1996, section 325E.10, is 16.29 amended by adding a subdivision to read: 16.30 Subd. 5. "Used motor oil filter" means a motor oil filter 16.31 which through use, storage, or handling has become unsuitable 16.32 for its original purpose due to the presence of impurities or 16.33 loss of original properties. 16.34 Sec. 5. Minnesota Statutes 1996, section 325E.11, is 16.35 amended to read: 16.36 325E.11 [COLLECTION FACILITIES; NOTICE.] 17.1 (a) Any person selling at retail or offering motor oil or 17.2 motor oil filters for retail sale in this state shall: 17.3 (1) post a notice indicating the nearest location where 17.4 used motor oil and used motor oil filters may be returned at no 17.5 cost for recycling or reuse, post a toll-free telephone number 17.6 that may be called by the public to determine a convenient 17.7 location, or post a listing of locations where used motor oil 17.8 and used motor oil filters may be returned at no cost for 17.9 recycling or reuse; or 17.10 (2) if the person is subject to section 325E.112, post a 17.11 notice informing customers purchasing motor oil or motor oil 17.12 filters of the location of the used motor oil and used motor oil 17.13 filter collection site established by the retailer in accordance 17.14 with section 325E.112 where used motor oil and used motor oil 17.15 filters may be returned at no cost. 17.16 (b) A notice under paragraph (a) shall be posted on or 17.17 adjacent to the motor oil and motor oil filter displays, be at 17.18 least 8-1/2 inches by 11 inches in size, contain the universal 17.19 recycling symbol with the following language: 17.20 (1) "It is illegal to put used oil and used motor oil 17.21 filters in the garbage."; 17.22 (2) "Recycle your used oil and used motor oil filters."; 17.23 and 17.24 (3)(i) "There is a free collection site here for your used 17.25 oil and used motor oil filters.";or17.26 (ii) "There is a free collection site for used oil and used 17.27 motor oil filters located at (name of business and street 17.28 address)."; 17.29 (iii) "For the location of a free collection site for used 17.30 oil and used motor oil filters call (toll-free phone number)."; 17.31 or 17.32 (iv) "Here is a list of free collection sites for used oil 17.33 and used motor oil filters." 17.34 (c) The division of weights and measures under the 17.35 department of public service shall enforce compliance with this 17.36 section as provided in section 239.54. The pollution control 18.1 agency shall enforce compliance with this section under sections 18.2 115.071 and 116.072 in coordination with the division of weights 18.3 and measures. 18.4 Sec. 6. Minnesota Statutes 1996, section 325E.112, 18.5 subdivision 2, is amended to read: 18.6 Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used 18.7 motor oil reimbursement program is established to provide 18.8partialreimbursement of the costs of disposing of contaminated 18.9 used motor oil. In order to receive reimbursement, persons who 18.10 accept used motor oil from the public or parties that they have 18.11 contracted with to accept used motor oil must provide to the 18.12 commissioner of the pollution control agency proof of 18.13 contamination, information on methods the person used to prevent 18.14 the contamination of used motor oil at the site, a copy of the 18.15 billing for disposal costs incurred because of the contamination 18.16 and proof of payment, and a copy of the hazardous waste manifest 18.17 or shipping paper used to transport the waste. The commissioner 18.18 shall reimburse a recipient of contaminated used motor oil9018.19 100 percent of the costs of properly disposing of the 18.20 contaminated used motor oil. The commissioner may not reimburse 18.21 persons who intentionally place contaminants or do not take 18.22 precautions to prevent contaminants from being placed in used 18.23 motor oil, or operate a private collection site that: 18.24 (1) is not publicly promotable or listed with the agency; 18.25 (2) does not accept up to five gallons of used motor oil 18.26 and five used motor oil filters per person per day without 18.27 charging a fee; or 18.28 (3) does not control access to the site during times when 18.29 the site is closed. 18.30 A person operating a collection site may refuse to accept 18.31 any used motor oil or used motor oil filter: 18.32 (1) that is from a business; 18.33 (2) that appears to be contaminated with antifreeze, 18.34 hazardous waste, or other materials that may increase the cost 18.35 of used motor oil management and disposal; or 18.36 (3) when the storage equipment for that particular waste is 19.1 temporarily filled. 19.2 Persons operating government collection sites are eligible for 19.3 reimbursement of the costs of disposing of contaminated used 19.4 motor oil. Reimbursements made under this subdivision are 19.5 limited to the money available in the contaminated used motor 19.6 oil reimbursement account. 19.7 Sec. 7. Laws 1996, chapter 351, section 2, is amended to 19.8 read: 19.9 Sec. 2. [PLANRECYCLING GOALS AND ACTIONS.] 19.10(a) By September 1, 1996, an industry group representing19.11retailers and manufacturers in Minnesota that sell motor oil and19.12motor oil filters shall submit a list to the commissioner of the19.13pollution control agency of all existing current sites that19.14collect used motor oil, used motor oil filters, or both, from19.15the public, delineating which sites collect for free, that can19.16be publicly promoted.19.17(b) By September 1, 1996, an industry group representing19.18retailers and manufacturers that sell motor oil and motor oil19.19filters shall submit to the commissioner of the pollution19.20control agency a plan for a collection and recycling system for19.21used motor oil and used motor oil filters generated by the19.22public under which:19.23(1) at least 90 percent of state residents outside the19.24seven-county metropolitan area would have access to a free19.25collection site for used motor oil and used motor oil filters19.26within 25 miles of their residences;19.27 (2) at least 90 percent of state residents within the19.28seven-county metropolitan area and state residents of cities19.29with populations of greater than 2,000 residents would have19.30access to a free collection site for used motor oil and used19.31motor oil filters within five miles of their residences; and19.32(3) at least one free collection site for used motor oil19.33and used motor oil filters generated by the public would be19.34located in each county.19.35(c) The plan required in paragraph (b) must include:19.36(1) an explanation of the proposed system for collecting20.1and recycling used motor oil and used motor oil filters;20.2(2) a clear assignment of responsibility and accountability20.3for implementation;20.4(3) a strategy for educating the parties responsible for20.5implementing the plan;20.6(4) a strategy for educating the public on how to recycle20.7used motor oil and used motor oil filters;20.8(5) a description of government's role, if any; and20.9(6) recommendations for legislation, if necessary.20.10(d) The plan must be implemented by June 1, 1997, and the20.11requirements in paragraph (b), clauses (1) to (3), must be met20.12by December 31, 1997. The industry group must also submit a20.13list of sites that collect used motor oil and used motor oil20.14filters from the public, specifying those sites that collect20.15used motor oil and used motor filters for free, to the pollution20.16control agency by December 31, 1997. The agency must be20.17informed by the industry group when sites begin and cease to20.18collect, or charge for the collection of, used motor oil and20.19used motor oil filters from the public, in order to allow the20.20agency to provide the public with accurate information regarding20.21collection sites.20.22(e) The industry group and the agency shall monitor the20.23effects of the collection system set forth in the plan required20.24in paragraph (b) to determine whether the requirements in20.25clauses (1) to (3) of that paragraph have been met. By November20.261, 1998, the industry group shall submit information to the20.27agency on the amount of used oil and the number of used oil20.28filters collected.20.29 Subdivision 1. (a) The following recycling or reuse goals 20.30 shall be considered met if the actions in this subdivision are 20.31 initiated by the identified parties on or before September 1, 20.32 1997, and are fully completed by December 31, 1998. 20.33 Additionally, the goals in paragraph (b) must be met in at least 20.34 50 percent of counties by December 31, 1997; 75 percent by June 20.35 1, 1998; and 100 percent by December 31, 1998. 20.36 (b) Motor oil and motor oil filter manufacturers and 21.1 retailers shall ensure that: 21.2 (1) at least 90 percent of residents within the 21.3 seven-county metropolitan area and residents of a city or town 21.4 with a population greater than 1,500 have access to a free 21.5 nongovernment collection site for used motor oil and used motor 21.6 oil filters within five miles of their residences; and 21.7 (2) at least one free nongovernment collection site for 21.8 used motor oil and used motor oil filters generated by the 21.9 public would be located in each county. 21.10 (c) Motor oil and motor oil filter manufacturers and 21.11 retailers shall inform the public about environmental problems 21.12 associated with improper disposal of used motor oil and used 21.13 motor oil filters and proper disposal practices for used motor 21.14 oil and used motor oil filters. At a minimum, this shall 21.15 include public service announcements designed to reach residents 21.16 of the state that generate used motor oil and used motor oil 21.17 filters. 21.18 (d) The commissioner of the pollution control agency shall, 21.19 by December 31, 1997, and at least annually thereafter or more 21.20 frequently if deemed necessary, request motor oil and motor oil 21.21 filter manufacturers and retailers, persons who haul used motor 21.22 oil and used motor oil filters, and nongovernment persons who 21.23 accept used motor oil and used motor oil filters from the public 21.24 to provide an updated list of all existing sites that collect 21.25 used motor oil, used motor oil filters, or both, from the 21.26 public, delineating for public promotion which sites collect for 21.27 free. The commissioner shall use this information to determine 21.28 whether the parties identified in paragraph (b) have met the 21.29 goals listed in that paragraph. A collection site operated by 21.30 the state or a political subdivision, as defined in Minnesota 21.31 Statutes, section 115A.03, subdivision 24, may be counted 21.32 towards meeting recycling goals, provided that the parties 21.33 responsible for meeting the goals of this subdivision 21.34 voluntarily reimburse the state or political subdivision for all 21.35 of the costs at that collection site that are associated with 21.36 used motor oil and used motor oil filter recycling. Persons who 22.1 accept used motor oil and used motor oil filters from the public 22.2 shall cooperate with manufacturers and retailers of motor oil 22.3 and motor oil filters to inform the agency within ten days of 22.4 initiating or ceasing to collect used motor oil or used motor 22.5 oil filters from the public. The information shall be provided 22.6 in a form and manner prescribed by the commissioner. 22.7 (e) Motor oil filter manufacturers shall disclose to 22.8 retailers whether lead has been intentionally introduced in 22.9 manufacturing, and retailers shall not knowingly sell motor oil 22.10 filters containing lead intentionally introduced in 22.11 manufacturing. 22.12 Subd. 2. The commissioner of the pollution control agency 22.13 may appoint an advisory group of diverse interests to assist the 22.14 agency with experimentation with various approaches to public 22.15 education, financial incentives, waste management, and other 22.16 issues that might affect the effectiveness of recycling 22.17 efforts. The commissioner may request parties responsible for 22.18 meeting the recycling goals in subdivision 1 to voluntarily pay 22.19 for some of the experimentation costs. The existence of this 22.20 advisory group in no way relieves the parties identified in 22.21 subdivision 1 of responsibility for meeting the goals listed in 22.22 that subdivision. The commissioner of the pollution control 22.23 agency shall appoint an advisory group chair. 22.24(f)Subd. 3. By January 15, 1999, the commissioner of the 22.25 pollution control agency shall report to the environment and 22.26 natural resources committees of the senate and the house of 22.27 representatives on the amount of used motor oil and used motor 22.28 oil filters being recycled and whether therequirementsgoals in 22.29paragraph (b), clauses (1) to (3),subdivision 1 have been met 22.30 and recommend whether the mandate for retailers of motor oil and 22.31 filters described in Minnesota Statutes, section 325E.112, 22.32 subdivision 1, is needed to achieve the recycling goals. 22.33 Sec. 8. [EFFECTIVE DATE.] 22.34 This article is effective the day following final enactment. 22.35 ARTICLE 5 22.36 CAPITAL BUDGET MODIFICATIONS 23.1 Section 1. Minnesota Statutes 1996, section 16B.335, 23.2 subdivision 3, is amended to read: 23.3 Subd. 3. [PREDESIGN REQUIREMENT.] The definitions in 23.4 paragraphs (a) and (b) apply to this section. 23.5 (a) "Predesign" means the stage in the development of a 23.6 project during which the purpose, scope, cost, and schedule of 23.7 the complete project are defined and instructions to design 23.8 professionals are produced. 23.9 (b) "Design" means the stage in the development of a 23.10 project during which schematic, design development, and contract 23.11 documents are produced. 23.12 (c) A recipient to whom an appropriation is made for a 23.13 project subject to review under subdivision 1 or notice under 23.14 subdivision 2 shall prepare a predesign package and submit it to 23.15 the commissioner for review and recommendation before proceeding 23.16 with design activities. The commissioner must complete the 23.17 review and recommendation within ten working days after 23.18 receiving it. Failure to review and recommend within the ten 23.19 days is considered a positive recommendation. The predesign 23.20 package must be sufficient to define the purpose, scope, cost, 23.21 and schedule of the project and must demonstrate that the 23.22 project has been analyzed according to appropriate space needs 23.23 standards. 23.24 Sec. 2. Minnesota Statutes 1996, section 268.917, is 23.25 amended to read: 23.26 268.917 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION 23.27 FACILITIES.] 23.28 The commissioner may make grants to state agencies and 23.29 political subdivisions to construct or rehabilitate facilities 23.30 for Head Start, early childhood and family education 23.31facilitiesprograms, other early childhood intervention 23.32 programs, or demonstration family service centers housing 23.33 multiagency collaboratives, with priority to centers in counties 23.34 or municipalities with the highest number of children living in 23.35 poverty. The commissioner may also make grants to state 23.36 agencies and political subdivisions to construct or rehabilitate 24.1 facilities for crisis nurseries or child visitation centers. 24.2 The facilities must be owned by the state or a political 24.3 subdivision, but may be leased under section 16A.695 to 24.4 organizations that operate the programs. The commissioner shall 24.5 prescribe the terms and conditions of the leases. A grant for 24.6 an individual facility must not exceed $200,000 for each program 24.7 that is housed in the facility, up to a maximum of $500,000 for 24.8 a facility that houses three programs or more. The commissioner 24.9 shall give priority to grants that involve collaboration among 24.10 sponsors of programs under this section. At least 25 percent of 24.11 the amounts appropriated for these grants must be used in 24.12 conjunction with the youth employment and training programs 24.13 operated by the commissioner. Eligible programs must consult 24.14 with appropriate labor organizations to deliver education and 24.15 training. 24.16 Sec. 3. Laws 1994, chapter 643, section 3, subdivision 2, 24.17 is amended to read: 24.18 Subd. 2. Restore and Renovate 24.19 Capitol Building Exterior 5,000,000 24.20 To the commissioner of administration 24.21 to renovate and improve the capitol 24.22 including reroofing, repair of the roof 24.23 balustrade,andQuadriga restoration, 24.24 and for an exterior stone testing 24.25 program. No more than $35,000 of this 24.26 appropriation is to the capitol area 24.27 architectural and planning board for 24.28 design review fees. 24.29 Sec. 4. Laws 1994, chapter 643, section 15, subdivision 2, 24.30 is amended to read: 24.31 Subd. 2. Bloomington Ferry Bridge7,631,0005,131,000 24.32 This appropriation is from the state 24.33 transportation fund as provided in 24.34 Minnesota Statutes, section 174.50, to 24.35 match federal funds to complete 24.36 construction of the Bloomington ferry 24.37 bridge and approaches. 24.38 This appropriation is added to the 24.39 appropriation in Laws 1993, chapter 24.40 373, section 14, subdivision 2. 24.41 Sec. 5. Laws 1994, chapter 643, section 15, subdivision 4, 24.42 is amended to read: 24.43 Subd. 4. Local Bridge 24.44 Replacement and Rehabilitation12,445,00014,945,000 25.1 This appropriation is from the state 25.2 transportation fund as provided in 25.3 Minnesota Statutes, section 174.50, to 25.4 match federal funds and to replace or 25.5 rehabilitate local deficient bridges. 25.6 Political subdivisions may use grants 25.7 made under this section to construct or 25.8 reconstruct bridges, including: 25.9 (1) matching federal-aid grants to 25.10 construct or reconstruct key bridges; 25.11 (2) paying the costs to abandon an 25.12 existing bridge that is deficient and 25.13 in need of replacement, but where no 25.14 replacement will be made; 25.15 (3) paying the costs to construct a 25.16 road or street to facilitate the 25.17 abandonment of an existing bridge 25.18 determined by the commissioner to be 25.19 deficient, if the commissioner 25.20 determines that construction of the 25.21 road or street is more cost-efficient 25.22 than the replacement of the existing 25.23 bridge; and 25.24 (4) paying the costs of preliminary 25.25 engineering and environmental studies 25.26 authorized under Minnesota Statutes, 25.27 section 174.50, subdivision 6a. 25.28 Sec. 6. Laws 1994, chapter 643, section 23, subdivision 25.29 28, as amended by Laws 1995, First Special Session chapter 2, 25.30 article 1, section 48, is amended to read: 25.31 Subd. 28. Environmental 25.32 Learning Centers 11,500,000 25.33 This appropriation is to the 25.34 commissioner of natural resources to 25.35 plan, design, and construct facilities 25.36 owned by political subdivisions at 25.37 residential environmental learning 25.38 centers as provided in this subdivision 25.39 and new Minnesota Statutes, section 25.40 84.0875. 25.41 The appropriations in items (a)through25.42(e)and (b) are available as follows: 25.43 (1) of the $7,500,000 total, $5,000,000 25.44 is available only when the commissioner 25.45 has determined thatmatchingmoney in 25.46 the sum of $12,500,000, up to 25 25.47 percent of which may consist of loans, 25.48 has been committed by nonstate 25.49 sources for predesign, design, and 25.50 construction of the facilities named in 25.51 items (a) and (b), and the following 25.52 privately owned residential 25.53 environmental learning centers: Wolf 25.54 Ridge Environmental Learning Center, 25.55 Northwoods Audubon Center, and 25.56 Southeastern Minnesota Forest Resource 25.57 Center; and (2) the remaining 25.58 $2,500,000 is available to the extent 25.59 thatmatchingmoney, which may include 25.60 loans, in the amount of$2$1 for each 26.1 $1 of state money is committed by 26.2 nonstate sources, as determined by the 26.3 commissioner, provided that money may 26.4 not be spent under this sentence until 26.5 the amount available, including 26.6matchingany money from nonstate 26.7 sources that is allocated to a facility 26.8 in item (a) or (b), is sufficient to 26.9 complete a functional improvement at 26.10 the facility. Up to 25 percent of the 26.11 total amount of money committed by 26.12 nonstate sources under this subdivision 26.13 may consist of loans. 26.14 After the first $12,500,000 has been 26.15 committed by nonstate sources for the 26.16 Long Lake Conservation Center, the Deep 26.17 Portage Conservation Reserve, the Wolf 26.18 Ridge Environmental Learning Center, 26.19 the Northwoods Audubon Center, and the 26.20 Southeastern Minnesota Forest Resource 26.21 Center, the appropriations in items (a) 26.22 and (b) must be distributed and 26.23 administered separately for each 26.24 facility. Money from nonstate sources 26.25 required for the balances of the 26.26 appropriations in items (a) and (b) 26.27 must be committed as required in this 26.28 section for each facility separately to 26.29 allow functional improvements, but work 26.30 at the facilities need not proceed 26.31 simultaneously. Funds raised or 26.32 borrowed after January 1, 1992, and 26.33 spent or committed to be spent for 26.34 predesign, design, or construction of 26.35 these facilities are eligible to count 26.36 toward the required commitment from 26.37 nonstate sources, and, upon proper 26.38 application, nonstate money spent after 26.39 that date for qualified capital 26.40 expenditures at the Long Lake 26.41 Conservation Center and the Deep 26.42 Portage Conservation Reserve shall be 26.43 reimbursed by the commissioner from 26.44 money appropriated for these 26.45 facilities, to allow the nonstate money 26.46 to be used for qualified capital 26.47 expenditures at the Wolf Ridge 26.48 Environmental Learning Center, the 26.49 Northwoods Audubon Center, and the 26.50 Southeastern Minnesota Forest Resource 26.51 Center. 26.52 The predesign and design requirements 26.53 of Minnesota Statutes, section 16B.335, 26.54 do not apply to the specific 26.55 appropriations for these facilities in 26.56 this section. 26.57 (a) Long Lake Conservation Center1,200,0003,370,000 26.58 This appropriation is for a grant to 26.59 Aitkin county. 26.60 (b) Deep Portage Conservation Reserve1,470,0004,130,000 26.61 This appropriation is for a grant to 26.62 Cass county. 26.63(c) Wolf Ridge Environmental26.64Learning Center2,100,00027.1This appropriation is for a grant to27.2independent school district No. 381,27.3Lake Superior.27.4(d) Northwoods Audubon Center1,080,00027.5This appropriation is for a grant to27.6independent school district No. 2580,27.7East Central.27.8(e)(c) Southeastern Minnesota 27.9 Forest Resource Center1,650,00027.10This appropriation is for a grant to27.11independent school district No. 229,27.12Lanesboro.27.13 If land and improvements in Fillmore 27.14 county that were conveyed by the state 27.15 toSouthernSoutheastern Minnesota 27.16 Forest Resource Center, Inc., under 27.17 Laws 1990, chapter 452, section 7, are 27.18 pledged as security for a loan 27.19 toassist with the completion of this27.20projectprovide financing for the 27.21 predesign, design, or construction of 27.22 environmental education facilities at 27.23 Southeastern Minnesota Forest Resource 27.24 Center, the right of reverter retained 27.25 by the state is waived in favor of the 27.26 lender. 27.27 For the purposes of this subdivision, 27.28 "nonstate source" means a source of 27.29 money other than a direct state 27.30 appropriation for an environmental 27.31 learning center. 27.32(f)(d) Agassiz Environmental 27.33 Learning Center 300,000 27.34 This appropriation is for a grant to 27.35 the city of Fertile. 27.36(g)(e) Laurentian Environmental 27.37 Learning Center 450,000 27.38 This appropriation is for a grant to 27.39 independent school district No. 621, 27.40 Mounds View. 27.41(h)(f) Prairie Woods 27.42 Environmental Learning Center 250,000 27.43 This appropriation is for a grant to 27.44 Kandiyohi county. 27.45(i)(g) Prairie Wetlands 27.46 Environmental Learning Center 3,000,000 27.47 This appropriation is for a grant to 27.48 the city of Fergus Falls. 27.49 Appropriations in this subdivision must 27.50 be used for qualified capital 27.51 expenditures. 27.52 Sec. 7. Laws 1994, chapter 643, section 23, is amended by 27.53 adding a subdivision to read: 28.1 Subd. 31. St. Croix Valley 28.2 Heritage Center 150,000 28.3 To the commissioner of natural 28.4 resources for a grant to the city of 28.5 Taylors Falls to prepare a preliminary 28.6 design for a heritage center, subject 28.7 to Minnesota Statutes, section 16A.695. 28.8 Sec. 8. Laws 1996, chapter 407, section 8, subdivision 3, 28.9 is amended to read: 28.10 Subd. 3. Parks and Trails 28.11 (a) Metropolitan Regional Park System1,000,000850,000 28.12 This appropriation is from the future 28.13 resources fund for payment by the 28.14 commissioner of natural resources to 28.15 the metropolitan council for subgrants 28.16 to rehabilitate, develop, acquire, and 28.17 retrofit the metropolitan regional park 28.18 system consistent with the metropolitan 28.19 council regional recreation open space 28.20 capital improvement program. 28.21 This appropriation may be used for the 28.22 purchase of homes only if the purchases 28.23 are expressly included in the work 28.24 program approved by the legislative 28.25 commission on Minnesota resources. 28.26 (b) State Park and Recreation 28.27 Area Acquisition 1,000,000 28.28 This appropriation is from the trust 28.29 fund to the commissioner of natural 28.30 resources for acquisition of land 28.31 within the statutory boundaries of 28.32 state parks and recreation areas. 28.33 (c) Local Grants 895,000 28.34 This appropriation is from the future 28.35 resources fund to the commissioner of 28.36 natural resources to provide matching 28.37 grants to local units of government for 28.38 local park and recreation areas; trail 28.39 linkages between communities, trails, 28.40 and parks; and at least $100,000 for 28.41 the conservation partners program as 28.42 provided in Laws 1995, chapter 220, 28.43 section 19, subdivision 4, paragraph 28.44 (e). In addition to the required work 28.45 program, grants may not be approved 28.46 until grant proposals to be funded have 28.47 been submitted to the legislative 28.48 commission on Minnesota resources, and 28.49 the commission has either made a 28.50 recommendation or allowed 60 days to 28.51 pass without making a recommendation. 28.52 The above appropriations are available 28.53 half for the seven-county metropolitan 28.54 area and half for outside the 28.55 metropolitan area. For the purposes of 28.56 this paragraph, match includes nonstate 28.57 contributions in either cash or in-kind. 28.58 (d) Chippewa County Regional Trail 410,000 29.1 This appropriation is to the 29.2 commissioner of natural resources from 29.3 the future resources fund for a grant 29.4 to the city of Montevideo for 29.5 acquisition and development of the 29.6 Chippewa county regional trail. 29.7 Sec. 9. Laws 1996, chapter 463, section 3, subdivision 7, 29.8 is amended to read: 29.9 Subd. 7. Twin Cities 29.10 (a) Architecture Renovation 9,000,000 29.11 Design,renovateconstruct, furnish, 29.12 and equip an addition to the 29.13 architecture building and partially 29.14 renovate the existing building. 29.15 (b) Haecker Hall Renovation 12,000,000 29.16 Design, renovate, furnish, and equip 29.17 Haecker Hall and related space. 29.18 (c) Magnetic Resonance Research 29.19 Building 3,500,000 29.20 Design, construct, furnish, and equip a 29.21 new magnetic resonance research 29.22 building. 29.23 (d) Minnesota Library Access 29.24 Center 38,500,000 29.25 Construct, furnish, and equip the 29.26 Minnesota library access center to 29.27 house the university's archives and 29.28 special collections, immigration 29.29 history research center documents and 29.30 collections, to store less frequently 29.31 used library materials for state 29.32 university, private college, city, 29.33 county, and regional libraries in the 29.34 state, and to house Minitex services. 29.35 (e) Molecular and Cellular 29.36 Therapeutics Facility Remodeling 3,000,000 29.37 Remodel and equip the molecular and 29.38 cellular therapeutics facility, 29.39 including the modification of 29.40 utilities, air filtration, and 29.41 distribution systems, to accommodate 29.42 new research programs. 29.43 Sec. 10. Laws 1996, chapter 463, section 7, subdivision 9, 29.44 is amended to read: 29.45 Subd. 9. Metro Regional Park 29.46 Rehabilitation, Acquisition, and 29.47 Development9,400,0009,550,000 29.48 This appropriation is for payment by 29.49 the commissioner of natural resources 29.50 to the metropolitan council. The 29.51 commissioner shall pay the amount on a 29.52 reimbursement basis to the metropolitan 29.53 council upon receipt of a certified 29.54 copy of a council resolution requesting 30.1 payment. The appropriation must be 30.2 used to pay the cost of rehabilitation, 30.3 acquisition, and development by the 30.4 council and local government units of 30.5 regional recreational open-space lands 30.6 in accordance with the council's policy 30.7 plan as provided in Minnesota Statutes, 30.8 section 473.315. The metropolitan 30.9 council, in cooperation with the city 30.10 of St. Paul, must develop a plan and 30.11 fund the restoration of oak savannah 30.12 remnants in two regional parks in 30.13 Ramsey county. This appropriation must 30.14 not be used for research, planning, 30.15 administration, or tax equivalency 30.16 payments. This appropriation may be 30.17 used for the purchase of homes only if 30.18 the purchases are included in the work 30.19 program required by law and they are 30.20 expressly approved by the legislative 30.21 commission on Minnesota resources. 30.22 Sec. 11. Laws 1996, chapter 463, section 13, subdivision 30.23 2, is amended to read: 30.24 Subd. 2. Capital Asset 30.25 Preservation and Replacement (CAPRA) 12,000,000 30.26 To be spent in accordance with 30.27 Minnesota Statutes, section 16A.632. 30.28 Up to $900,000 of the money 30.29 appropriated in this subdivision may be 30.30 used as necessary to renovate the 30.31 Governor's Residence in St. Paul for 30.32 life safety, code, security, and 30.33 ancillary storage facility improvements. 30.34 Up to $600,000 of the money 30.35 appropriated in this subdivision may be 30.36 used to continue the electrical utility 30.37 infrastructure conversion of the 30.38 primary feeder loop system to a primary 30.39 selective system by rerouting the 30.40 system around the capitol. 30.41 In accordance with Minnesota Statutes, 30.42 section 16B.31, subdivision 6, the 30.43 commissioner of administration shall 30.44 identify the condition and suitability 30.45 of all major state buildings and office 30.46 space and report the commissioner's 30.47 findings by June 30, 1997, to the 30.48 chairs of the senate committee on 30.49 finance and the house of 30.50 representatives committees on ways and 30.51 means and on capital investment. The 30.52 report must identify the useful life, 30.53 the current condition, the estimated 30.54 cost of currently needed repairs, and 30.55 the suitability for the current state 30.56 purposes of all major state-owned 30.57 buildings and office space owned or 30.58 leased by the state. The legislature 30.59 intends to use the report in 30.60 considering future appropriations to 30.61 the commissioner of administration and 30.62 to state agencies for asset 30.63 preservation. 31.1 Sec. 12. Laws 1996, chapter 463, section 13, subdivision 31.2 4, is amended to read: 31.3 Subd. 4. Renovate Capitol 31.4 Building 7,400,000 31.5$4,800,000$3,765,000 is to predesign, 31.6 design, and reconstruct the 31.7 northeast terrace and predesign and 31.8 design the northwestterracesterrace 31.9 of the capitol building. 31.10 $1,400,000 is to renovate the lantern 31.11 and related structures on the capitol 31.12 dome. 31.13$1,200,000$2,235,000 is to predesign, 31.14 design, construct, furnish, and equip 31.15 the renovation of the capitol cafeteria 31.16 and related spaces. 31.17 The balance of the appropriation in 31.18 this subdivision that is not needed for 31.19 the projects specified may be used for 31.20 other structural stabilization projects 31.21 at the capitol or to improve the 31.22 capitol mall. 31.23 Sec. 13. Laws 1996, chapter 463, section 13, subdivision 31.24 8, is amended to read: 31.25 Subd. 8. Revenue Facilities 31.26 Design1,950,00031.27 49,500,000 31.28 To design, acquire, construct, furnish, 31.29 and equip new revenue department 31.30 facilities. $1,450,000 of this 31.31 appropriation is not available until 31.32 the report required by subdivision 10 31.33 has been completed. No more than 31.34 $23,000,000 of this appropriation may 31.35 be used to purchase the building 31.36 presently occupied by the department of 31.37 revenue at 10 River Park Place. 31.38 Notwithstanding Minnesota Statutes, 31.39 section 15.50, subdivision 2, paragraph 31.40 (e), plans for the building need not be 31.41 selected through a design competition. 31.42The plans for the facilities for the31.43department of revenue may provide for31.44two or more buildings in separate31.45locations. The principal31.46administrative offices of the31.47department must be located in or near31.48 the capitol area. Other operations may31.49be located outside of the capitol area31.50as appropriate and conveniently31.51situated for efficient operations of31.52the department.31.53The design development phase of the31.54revenue department building project31.55must include an analysis of the cost,31.56benefit, and operational feasibility of31.57relocating revenue department jobs to31.58areas in greater Minnesota.32.1 The commissioner of administration may 32.2 use a design-build method of project 32.3 development and construction for this 32.4 project. The commissioner may award a 32.5 design-build contract on the basis of 32.6 requests for proposals or requests for 32.7 qualifications without bids. 32.8 Sec. 14. Laws 1996, chapter 463, section 22, subdivision 32.9 8, is amended to read: 32.10 Subd. 8. Pickwick Mill 150,000 32.11 For a grantto Winona countyfor 32.12 renovation of the historic Pickwick 32.13 Mill. 32.14 This appropriation is from the 32.15 Minnesota future resources fund and is 32.16 available until June 30, 1999. 32.17 Sec. 15. Laws 1996, chapter 463, section 24, subdivision 32.18 8, is amended to read: 32.19 Subd. 8. Lyn/Lake/Jungle32.20TheatrePerforming Arts Center 335,000 32.21 For a grant to Hennepin county to 32.22 design, construct, furnish, and equip 32.23 the Lyn/Lake/Jungle Theatrecommunity 32.24 performing arts center to provide a 32.25 community theater and rehearsal space, 32.26 offices, classrooms and meeting rooms 32.27 for performing arts organizations, arts 32.28 education, and arts development and 32.29 outreach in a formerly tax-forfeited 32.30 structure in Hennepin county. Hennepin 32.31 county may contract with a nonprofit 32.32 organization for operation of the 32.33 center, subject to Minnesota Statutes, 32.34 section 16A.695. This appropriation is 32.35 not available until the commissioner 32.36 has determined that at least $1,630,000 32.37 has been committed by nonstate sources 32.38 to complete theLyn/Lake/Jungle Theatre 32.39 main stage in a nearby building owned 32.40 and operated by the Jungle Theater and 32.41 that $100,000 has been committed by 32.42 nonstate sources to complete the 32.43 community performing arts center. This 32.44 is the final state appropriation for 32.45 this project. 32.46 Sec. 16. [APPROPRIATION FOR LOCAL BRIDGES.] 32.47 $5,800,000 is appropriated to the commissioner of 32.48 transportation from the state transportation fund, as provided 32.49 in Minnesota Statutes, section 174.50, to match federal funds 32.50 and to replace or rehabilitate local bridges. 32.51 Sec. 17. [TRANSPORTATION FUND.] 32.52 To provide the additional money appropriated in this act 32.53 from the state transportation fund, the commissioner of finance, 33.1 on request of the governor, shall sell and issue general 33.2 obligation bonds of the state in an amount up to $5,800,000 in 33.3 the manner, upon the terms, and with the effect prescribed by 33.4 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 33.5 Minnesota Constitution, article XI, sections 4 to 7. The 33.6 proceeds of the bonds, except accrued interest and any premium 33.7 received on the sale of the bonds, must be credited to a bond 33.8 proceeds account in the state transportation fund. 33.9 Sec. 18. [APPROPRIATION.] 33.10 $6,400,000 is transferred from the general fund to the 33.11 environmental response, compensation, and compliance account in 33.12 the environmental fund and is appropriated for the purposes 33.13 provided in Minnesota Statutes, chapter 115B. 33.14 Sec. 19. [BOND SALE.] 33.15 To provide the money appropriated in section 13 from the 33.16 bond proceeds fund, the commissioner of finance, on request of 33.17 the governor, shall sell and issue bonds of the state in an 33.18 amount up to $47,600,000 in the manner, upon the terms, and with 33.19 the effect presented by Minnesota Statutes, sections 16A.631 to 33.20 16A.675, the Minnesota Constitution, article XI, sections 4 to 7. 33.21 Sec. 20. [FLOOD DAMAGE REDUCTION; APPROPRIATION.] 33.22 $12,000,000 is appropriated from the bond proceeds fund to 33.23 the commissioner of natural resources to fund flood damage 33.24 reduction projects under Minnesota Statutes, section 103F.161, 33.25 including the non-federal portion of federal hazard mitigation 33.26 grant program projects. $2,000,000 of this appropriation is to 33.27 implement flood water storage projects proposed by watershed 33.28 districts in the Red River Valley. Up to $200,000 of this 33.29 appropriation is available for staffing and related expenses to 33.30 assist local governments in applying for federal grants and to 33.31 administer contracts for the grants. The appropriation is 33.32 available until expended. 33.33 Sec. 21. [BOND SALE AUTHORIZATION.] 33.34 To provide the money appropriated in section 20 from the 33.35 bond proceeds fund the commissioner of finance, on request of 33.36 the governor, shall sell and issue bonds of the state in an 34.1 amount up to $12,000,000 in the manner, upon the terms, and with 34.2 the effect prescribed by Minnesota Statutes, sections 16A.631 to 34.3 16A.675, and by the Minnesota Constitution, article XI, sections 34.4 4 to 7. 34.5 Sec. 22. [REPEALER.] 34.6 Laws 1994, chapter 643, section 19, subdivision 11, and 34.7 Laws 1996, chapter 463, section 7, subdivision 26, are repealed. 34.8 Sec. 23. [EFFECTIVE DATE.] 34.9 This article is effective the day following final enactment.