SF 804

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to port development; exempting certain port 
  1.3             development projects from certain review procedures; 
  1.4             changing eligibility criteria for port development 
  1.5             assistance projects; appropriating money to the 
  1.6             commissioner of transportation for state port 
  1.7             development assistance; amending Minnesota Statutes 
  1.8             1996, sections 16B.335, subdivision 1; and 457A.04, 
  1.9             subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 16B.335, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [CONSTRUCTION AND MAJOR REMODELING.] (a) 
  1.14  The commissioner, or any other recipient to whom an 
  1.15  appropriation is made to acquire or better public lands or 
  1.16  buildings or other public improvements of a capital nature, must 
  1.17  not prepare final plans and specifications for any construction, 
  1.18  major remodeling, or land acquisition in anticipation of which 
  1.19  the appropriation was made until the agency that will use the 
  1.20  project has presented the program plan and cost estimates for 
  1.21  all elements necessary to complete the project to the chair of 
  1.22  the senate finance committee and the chair of the house ways and 
  1.23  means committee and the chairs have made their recommendations, 
  1.24  and the chair of the house capital investment committee is 
  1.25  notified.  "Construction or major remodeling" means construction 
  1.26  of a new building or substantial alteration of the exterior 
  1.27  dimensions or interior configuration of an existing building.  
  2.1   The presentation must note any significant changes in the work 
  2.2   that will be done, or in its cost, since the appropriation for 
  2.3   the project was enacted or from the predesign submittal.  The 
  2.4   program plans and estimates must be presented for review at 
  2.5   least two weeks before a recommendation is needed.  The 
  2.6   recommendations are advisory only.  Failure or refusal to make a 
  2.7   recommendation is considered a negative recommendation.  The 
  2.8   chairs of the senate finance committee, the house capital 
  2.9   investment committee, and the house ways and means committee 
  2.10  must also be notified whenever there is a substantial change in 
  2.11  a construction or major remodeling project, or in its cost. 
  2.12     (b) Capital projects exempt from the requirements of this 
  2.13  section include construction, renovation, or improvements to 
  2.14  dams, highway rest areas, truck stations, storage facilities not 
  2.15  consisting primarily of offices or heated work areas, trails, 
  2.16  bike paths, sewer separation projects, water and wastewater 
  2.17  facilities, campgrounds, roads, bridges, port development 
  2.18  projects for which the commissioner of transportation has 
  2.19  entered into an assistance agreement under section 457A.04, or 
  2.20  any other capital project with a construction cost of less than 
  2.21  $200,000. 
  2.22     Sec. 2.  Minnesota Statutes 1996, section 457A.04, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [COSTS.] An assistance agreement must specify 
  2.25  those project costs which may be paid in whole or in part with 
  2.26  assistance from the commissioner.  Assistance agreements may 
  2.27  provide that only the following costs may be so paid: 
  2.28     (1) final engineering costs on a commercial navigation 
  2.29  facility project; 
  2.30     (2) capital improvements to a commercial navigation 
  2.31  facility; and 
  2.32     (3) costs of dredging necessary to open a new commercial 
  2.33  navigation facility project, to provide access to on-shore 
  2.34  facilities from existing channels, to provide for fleeting 
  2.35  operations, and for disposal of dredged material. 
  2.36     The following costs may not be paid with assistance from 
  3.1   the commissioner: 
  3.2      (1) the applicant's administrative, insurance, and legal 
  3.3   costs; 
  3.4      (2) costs of acquiring project permits; 
  3.5      (3) costs of preparing environmental documents, feasibility 
  3.6   studies, or project designs; 
  3.7      (4) interest on money borrowed by the applicant or charged 
  3.8   to the applicant for late payment of project costs; 
  3.9      (5) any costs related to the routine maintenance, repair, 
  3.10  or operation of a commercial navigation facility; and 
  3.11     (6) costs of dredging to maintain an existing channel; and 
  3.12     (7) costs for a project that involves only dredging. 
  3.13     Sec. 3.  [PORT DEVELOPMENT ASSISTANCE; APPROPRIATION.] 
  3.14     $3,000,000 is appropriated from the general fund to the 
  3.15  commissioner of transportation for the purposes of Minnesota 
  3.16  Statutes, chapter 457A.  This appropriation is available until 
  3.17  spent. 
  3.18     Sec. 4.  [EFFECTIVE DATE.] 
  3.19     Sections 1 to 3 are effective July 1, 1997.