Office of the Revisor of Statutes
Minnesota Session Laws - 1984, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 597-H.F.No. 2314
An act relating to capital improvements; authorizing
the acquisition and betterment of public land and
buildings and other public improvements of a capital
nature with certain conditions; reducing and canceling
certain appropriations; authorizing issuance of state
bonds; appropriating money; amending Minnesota
Statutes 1982, sections 16.72, subdivision 7; 16A.54;
16A.66, as amended; 16A.671; 16A.675; 85A.04,
subdivision 3; 115.03, subdivision 1; 116.16,
subdivisions 2, 4, 5, 9, and by adding a subdivision;
116.18, as amended; 136.40, subdivision 6; 475A.03,
subdivision 1; 475A.05, subdivision 1, and by adding a
subdivision; 475A.06, subdivision 7; Minnesota
Statutes 1983 Supplement, sections 16A.672; 116J.926,
subdivision 3; Laws 1983, chapter 344, section 6,
subdivision 8; proposing new law coded in Minnesota
Statutes, chapter 16A; and repealing Minnesota
Statutes 1982, sections 16A.63; 16A.64, as amended by
Laws 1983, chapter 301, sections 94 and 95; 16A.65;
and 116.16, subdivisions 6 and 7; and Laws 1981,
chapter 275; Laws 1981, chapter 334, section 11,
subdivision 4; Laws 1982, chapter 639, section 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CAPITAL IMPROVEMENTS; APPROPRIATIONS.]
The sums set forth in the column designated "APPROPRIATIONS"
are appropriated from the state building fund, or any other fund
designated, to the state agencies indicated, to be expended to
acquire and to better public land and buildings and other public
improvements of a capital nature, as more specifically described
in the following sections of this act.
SUMMARY
SUPREME COURT $ 400,000
ADMINISTRATION 12,959,500
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 1,700,000
NATURAL RESOURCES 3,966,700
IRON RANGE RESOURCES AND REHABILITATION BOARD 1,120,000
ZOOLOGICAL BOARD 225,000
POLLUTION CONTROL AGENCY 12,000,000
ENERGY AND ECONOMIC DEVELOPMENT 1,400,000
MILITARY AFFAIRS 1,183,500
VETERANS AFFAIRS 103,100
TRANSPORTATION 23,207,700
MINNESOTA HISTORICAL SOCIETY 3,600,000
VOCATIONAL TECHNICAL EDUCATION 10,057,600
COMMUNITY COLLEGES 25,038,400
STATE UNIVERSITIES 19,505,000
UNIVERSITY OF MINNESOTA 57,981,000
CORRECTIONS 2,598,900
PUBLIC WELFARE 4,730,400
BOND SALE EXPENSES 153,000
INTEREST RATE REDUCTION EXPENSE 7,230,000
TOTAL $189,159,800
General Fund 24,437,300
Game and Fish Fund 31,400
Special Revenue Fund 100,000
Trunk Highway Fund 9,052,700
Transportation Fund 16,000,000
Building Fund 139,538,400
APPROPRIATION REDUCTIONS ($280,408,000)
APPROPRIATIONS
Sec. 2. SUPREME COURT
Judicial Building Design
Competition $400,000
This appropriation is to the
commissioner of administration, in
consultation with the supreme court
and the capitol area architectural
and planning board, for preliminary
planning and design competition for
a judicial building that will utilize
the existing historical society
building and the site currently
occupied by the mechanic arts high
school gymnasium.
$200,000 of this appropriation is from
the general fund. The design
competition must include a challenge to
the competitors for maximum use of the
existing historical society building.
The design for reuse of that building,
new construction, landscaping, and
improving this site must not produce a
total project cost that exceeds
$36,000,000.
The plans shall not involve the
demolition of the existing mechanic
arts high school main building.
Sec. 3. ADMINISTRATION
Subdivision 1. To the
commissioner of administration for
the purposes more specifically
described in the following
subdivisions of this section 12,959,500
Subd. 2. Supplemental or prior
commitments 2,133,400
The appropriations in this subdivision
are from the general fund.
(a) Remodel central motor pool building
for life safety 40,200
(b) Remove and replace PCB
equipment statewide, phase I 1,086,100
This appropriation, combined with the
balance remaining from the
appropriation in Laws 1983, chapter
344, section 2, clause (a), shall be
used to replace or retrofill PCB
contaminated equipment in the priority
order established in the remedial
action plan.
(c) Remove or contain asbestos in
state buildings, phase I 1,007,100
This appropriation shall be used to
remove or encapsulate
asbestos-containing materials which
have been identified as constituting
risk factor 5 in the evaluation study
dated January, 1984, and its
supplement, and risk factor 4 to the
extent funds permit.
Subd. 3. Facility integrity and
life safety 2,302,500
The appropriations in this subdivision
are from the general fund, except that
items (a) and (b) are from the trunk
highway fund and item (h) is from the
special revenue fund.
(a) Renovate mechanical and
electrical systems in the
transportation building and laboratory 1,500,000
None of this appropriation shall be
expended on the mechanical and
electrical system in the transportation
building until a study of the system is
completed and the findings reported to
the chairmen of the house
appropriations and senate finance
committees. Expenditures on the
laboratory may proceed without the
study.
(b) Provide fire code required
venting, enclosed lobbies, and
electric generator for trans-
portation building 254,000
(c) Renovate laboratory ventilation
system in health building 141,900
(d) Construct hazardous material
storage facility and outside
receiving facility at health
building 110,500
(e) General purpose remodeling
contingency
This contingency totaling $550,000 is
established from unexpended balances
remaining in building fund accounts as
itemized in committee workpapers.
This appropriation is available for
individual project expenditure after
consultation with the chairmen of the
house appropriations and senate finance
committees.
(f) Reset west entrance to
Centennial building 136,500
(g) Install fire, smoke, and
emergency warning system in
Veterans Service building 59,600
(h) Seal coat Centennial parking
ramp floors 100,000
This appropriation is from the account
established in section 16.72,
subdivision 7. Future sealcoating and
routine maintenance projects shall be
financed from the parking fees
established pursuant to section 16.72.
Subd. 4. Energy conservation 1,992,600
(a) Energy conservation projects
that have an estimated payback in
energy savings in five years or less 1,897,400
Of this appropriation, $1,775,000 is
from the state building fund, $31,400
is from the game and fish fund, and
$91,000 is from the trunk highway fund.
The construction paid for from this
appropriation shall meet or exceed the
interim and final energy conservation
performance standards and guidelines
for new commercial buildings
promulgated by the United States
secretary of energy under the Energy
Conservation Standards for New
Buildings Act of 1976, as amended,
United States Code, title 33, section
6833.
(b) Modify and connect the Ford
building heating system for district
heating 95,200
Subd. 5. Program improvement and
expansion 6,531,000
(a) Provide access for the
handicapped to state buildings
statewide 2,000,000
(b) Prepare a program and feasibility
study of a combined services facility 100,000
This study shall assess the feasibility
of including the information services
bureau in the new facility.
(c) Remodel third floor of
Centennial building 1,500,000
This appropriation may not be expended
unless a report is submitted to the
chairmen of the house appropriations
and senate finance committees by
October 1, 1984; a preliminary report
is requested August 1, 1984. The
report shall include a plan for
improvements in the handling and flow
of tax documents within the department
of revenue, including improved
coordination and automation of the
mailroom, data entry, and cashier
functions. The report shall also
include the proposed layout for the
remodeled space.
(d) Construct Brainerd services
center 2,831,000
This appropriation shall establish a
consolidated government services center
at the community college site in
Brainerd. The center is intended to
include at least the local activities
of the state departments of
agriculture, labor and industry and
corrections; the pollution control
agency; and the consolidated programs
of the department of natural resources.
(e) Prepare plans for renovation of
mechanic arts high school building 100,000
This appropriation is to plan for the
renovation of the mechanic arts high
school building, excluding the
gymnasium, to provide state agency
office space. The preliminary plans
for renovation must be reviewed by the
capitol area architectural and planning
board pursuant to Minnesota Statutes,
section 15.50, subdivision 2.
(f) Land acquisition
By January 15, 1985, the commissioner
shall present to the chairmen of the
house appropriations and senate finance
committees a report proposing criteria
by which land located in or near the
Capitol complex would be assessed as
favorable for acquisition. In
proposing these criteria, the
commissioner shall consider including
such factors as effects on property
taxes, proposed programmatic uses, and
specific geographical boundaries.
(g) Building project balances
The commissioner is directed to report
to the chairmen of the house
appropriations and senate finance
committees by January 15 of each fiscal
year. The report shall list each
building project balance which was
authorized more than four years
earlier, its current status, whether
any activity occurred during the year,
and the commissioner's recommendation
and rationale for continuance. The
report shall also include those
balances, and associated projects,
which were canceled administratively
during the previous 12 month period.
Sec. 4. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD
To the commissioner of administration
for the purposes specified in this
section 1,700,000
(a) Landscape capitol mall 1,200,000
(b) Landscape John Ireland Boulevard 350,000
(c) Preliminary engineering and
design for parking facilities in the
Capitol complex 150,000
This appropriation is from the general
fund. The general fund shall be
reimbursed from the account established
in Minnesota Statutes, section 16.72 as
funds become available.
The commissioner of administration
shall study and report to the
legislature by January 1, 1985,
recommendations for increasing state
employee participation in the van pool
program, so that the need for new state
parking facilities in the capitol area
may be reduced.
The board shall seek the cooperation of
the school of architecture and
landscape architecture at the
University of Minnesota for (a) and (b)
above.
The board shall emphasize the use of
plant species native to Minnesota in
(a) and (b) above.
The board shall seek private
contributions for the landscaping
projects in (a) and (b) above. Any
contributions received shall be used to
reduce the cost to the state.
Sec. 5. NATURAL RESOURCES
Subdivision 1. To the
commissioner of administration or
the commissioner of natural resources
for the purposes more specifically
described in the following subdivisions
of this section 3,966,700
Subd. 2. To the commissioner
of administration for the purposes
specified in this subdivision 680,000
(a) Complete office and storage space
at Grand Rapids regional headquarters 139,000
(b) Construct seedling storage at
General Andrews nursery 74,000
(c) Expand storage building at
Baudette area headquarters 50,000
(d) Construct New Ulm Shop
and Warehouse 317,000
(e) Plan for consolidation at
the Bemidji regional office of all
natural resources employees in Bemidji,
Cass Lake, and Guthrie 100,000
Subd. 3. To the commissioner
of natural resources to reconstruct
the state-owned dam at New London 126,700
Subd. 4. To the commissioner of
natural resources for the purposes
specified in this subdivision 3,160,000
(a) Construct convention
center and dormitory facility at
Deep Portage Conservation Reserve 800,000
This appropriation is for payment to
Cass County. This appropriation is
available only upon a determination by
the commissioner of natural resources
that the additional financing necessary
to complete the project has been
committed by nonstate sources. Cass
County shall repay $320,000 to the
state over a period of not more than
ten years from the date this
appropriation is paid to the county.
Repayments shall be made in equal
installments deposited in the state
treasury and credited to the state bond
fund before November 1 each year.
(b) Develop River Bend Nature
Center 200,000
This appropriation is for payment to
the city of Faribault. This
appropriation is available only upon a
determination by the commissioner of
natural resources that the additional
financing necessary to complete the
project has been committed by nonstate
sources. The city of Faribault shall
repay $80,000 to the state over a
period of not more than ten years from
the date this appropriation is paid to
the city. Repayments shall be made in
equal installments deposited in the
state treasury and credited to the
state bond fund before November 1 each
year.
(c) Develop facilities at Long Lake
Conservation Center 160,000
This appropriation is for payment to
Aitkin County. This appropriation is
available only upon a determination by
the commissioner of natural resources
that the additional financing necessary
to complete the project has been
committed by nonstate sources. Aitkin
County shall repay $64,000 to the state
over a period of not more than ten
years from the date this appropriation
is paid to the county. Repayments
shall be made in equal installments
deposited in the state treasury and
credited to the state bond fund before
November 1 each year.
(d) Construct Winger Dam 2,000,000
This appropriation is for payment to
the Lower Red River Watershed
Management Board to construct the
Winger dam on the Sand Hill River,
Winger township, Polk County. This
appropriation is available only upon a
determination by the commissioner of
natural resources that the additional
financing necessary to complete the
project has been committed by other
sources. The Lower Red River Watershed
Management Board shall repay $800,000
from its property tax receipts to the
state over a period of not more than
ten years from the date this
appropriation is paid to the board.
Repayments shall be made in equal
installments deposited in the state
treasury and credited to the state bond
fund before November 1 each year.
Notwithstanding sections 16A.41, 16.02,
or any other law to the contrary, the
commissioner of natural resources may
pay to the city of Lanesboro up to
$60,000 of unexpended funds that were
appropriated to the commissioner under
Laws 1977, chapter 421, section 12,
subdivision 3, for the acquisition of
trails, upon receipt of a 30 year lease
from the city of Lanesboro approved by
the attorney general for use of an
interpretive trail center on the Root
River trail.
Notwithstanding any other law to the
contrary the commissioner of natural
resources may use for the betterment of
state trails, without a public hearing,
up to $24,081 of unexpended funds that
were appropriated to the commissioner
under Laws 1979, chapter 301, section
3, subdivision 1, for acquisition of
state trails.
Sec. 6. IRON RANGE RESOURCES
AND REHABILITATION BOARD 1,120,000
This appropriation is for construction
of an outdoor amphitheater at the Iron
Range Interpretative Center at Chisholm.
The board shall repay $448,000 to the
state bond fund over a period of not
more than ten years from the date this
appropriation is paid to the board.
Repayments shall be made in equal
installments deposited in the state
treasury and credited to the state bond
fund before November 1 each year.
Sec. 7. ZOOLOGICAL BOARD
To the commissioner of administration
for a wolf and caribou exhibit 225,000
The appropriation in this section is
from the general fund.
This appropriation is available only to
match contributions received from
nonstate sources in the amount of
$225,000. No money may be expended
until the entire match has been
received.
Sec. 8. ENERGY AND ECONOMIC
DEVELOPMENT
Regional Solid Waste Disposal 1,400,000
This appropriation is for payment of a
grant to the city of Bagley to develop
a solid waste disposal, incineration,
and district heating pilot project
involving seven counties. The purpose
of the project must be to deal with
solid waste disposal as a rural problem
and provide more reliable energy to the
incinerator site through a district
heating system. The grant may not be
paid until the commissioner of energy
and economic development has determined
that additional financing in the amount
of $10,000,000 has been committed by
other sources.
This appropriation is from the general
fund.
Sec. 9. MILITARY AFFAIRS
To the adjutant general for the
purposes specified in this section 1,183,500
The construction paid for from this
appropriation shall meet or exceed the
interim and final energy conservation
performance standards and guidelines
for new commercial buildings
promulgated by the United States
secretary of energy under the Energy
Conservation Standards for New
Buildings Act of 1976, as amended,
United States Code, title 33, section
6833.
(a) Replace roofs statewide 362,500
(b) Replace windows or close up
openings in facilities 40 years of
age or older 478,000
This appropriation is from the general
fund.
(c) Rehabilitate and improve
armory at Austin 77,800
This appropriation is from the general
fund.
(d) Rehabilitate and improve armory
at 600 Cedar Street, St. Paul 265,200
This appropriation is from the general
fund.
(e) $13,000 of the appropriation made
in Laws 1983, chapter 344, section 5,
clause (a), for installing a heating
plant at Worthington may be used to
install two heating boilers at Camp
Ripley.
(f) Armory Studies
Prior to expenditure of the funds
contained in this section, the
department shall submit to the chairmen
of the house appropriations and senate
finance committees an analysis of the
current energy usage at the armories
which are funded for improvements and
the anticipated savings to be realized
from these improvements.
The department of military affairs,
with the assistance of the management
analysis division of administration,
will provide an analysis by February 1,
1985, of the options for multiple use
or time-sharing of armories. This
analysis will address space and support
requirements, utilization strength,
maintenance, and cost of the
alternatives. The engineering and
architectural component of this
analysis will be provided by the
building code division of the
department of administration.
Sec. 10. VETERANS AFFAIRS
To the commissioner of administration
for the purposes specified in this
section 103,100
The appropriations in this section are
from the general fund.
(a) Replace roof on three buildings
at veterans home - Hastings 40,100
The construction paid for from this
appropriation shall meet or exceed the
interim and final energy conservation
performance standards and guidelines
for new commercial buildings
promulgated by the United States
secretary of energy under the Energy
Conservation Standards for New
Buildings Act of 1976, as amended,
United States Code, title 33, section
6833.
(b) Repair cooling system and upgrade
linen room in building 16 at veterans
home - Minneapolis 63,000
The commissioner shall prepare a report
which presents and analyzes alternative
uses, including residential use, of
buildings 1 through 5 on the
Minneapolis campus which are compatible
with the functions and programs of the
veterans home. The report shall be
submitted to the chairmen of the house
appropriations and senate finance
committees by January 15, 1985.
Sec. 11. TRANSPORTATION
Subdivision 1. To the
commissioner of transportation
for the purposes more specifically
described in the following subdivisions
of this section 23,207,700
Subd. 2. Operating Facilities 7,207,700
The appropriations in this subdivision
are from the trunk highway fund.
(a) Construct interstate rest area
near Pine City 207,900
The commissioner of transportation
shall not expend this appropriation
until contracts have been awarded for
the construction of a highway
interchange at the junction of
interstate highway 35 and county state
aid highway 11 at Pine City.
(b) Construct addition to Oakdale
district headquarters 986,000
The addition shall include office space
for the state patrol, which shall
relocate from rental space in Eagan;
and shop and storage space for
electronic communications, which shall
relocate from rental space in St. Paul.
(c) Construct equipment storage
building at New Ulm truck station 263,000
(d) Construct equipment storage
building at Dresbach truck station 270,000
(e) Construct equipment storage
building at Buffalo truck station 325,000
(f) Construct equipment storage
building at Morris maintenance
headquarters 900,000
This appropriation is available upon
determination by the commissioner of
administration that the commissioner of
transportation has entered into a
contract for the sale of the existing
Morris maintenance equipment storage
building. The contract for purchase of
the existing Morris equipment storage
building shall not be less than
$235,000. Funds received from the sale
shall be deposited in the trunk highway
fund.
(g) Construct St. Croix interstate
rest area and travel information
center 292,500
(h) Construct St. Croix weigh
station 1,052,000
The commissioner of transportation
shall conduct an evaluation of the
feasibility of utilizing weigh in
motion facilities in conjunction with
the construction and operation of the
St. Croix weigh station.
The commissioner of public safety shall
submit a report to the legislature
regarding the utilization of the weigh
stations located on trunk highway 61
near Winona and on trunk highway 3 near
Farmington. The commissioner shall
submit the report to the chairman of
house appropriations and the chairman
of senate finance by January 15, 1985.
(i) Construct interstate rest area
near Mahtowa 207,900
(j) Construct equipment storage
building at Pine River truck station 238,000
(k) Construct cold storage sheds
statewide 65,000
(l) Construct highway information
center at Chisholm 200,000
None of the costs of maintaining,
staffing, and operating the highway
information center at the Iron Range
Interpretative Center shall be paid
from the trunk highway fund.
(m) Construct rest area and travel
information center near International
Falls 654,400
(n) Construct rest area and travel
information center at Pigeon River 956,000
(o) Construct equipment storage
building for Chaska truck station 590,000
This appropriation is available upon
determination by the commissioner of
administration that the commissioner of
transportation has entered into
contract for the sale of the existing
Chaska equipment storage building.
Funds received from the sale shall be
deposited in the trunk highway fund.
Subd. 3. Interstate Substitution 4,000,000
This appropriation is from the state
transportation fund to provide not to
exceed one-half of the nonfederal share
of right-of-way, preliminary and
construction engineering, and
construction costs of local projects
that are paid for with interstate
substitution money.
The balance of the appropriation in
Laws 1981, chapter 361, section 4,
subdivision 5, item (b) for interstate
substitution projects may only be
expended to provide not to exceed
one-half of the nonfederal share of
right-of-way, preliminary and
construction engineering, and
construction costs of local projects
that are paid for with interstate
substitution money.
Notwithstanding any other law to the
contrary, the commissioner of
transportation shall not provide funds
from this appropriation for the purpose
of preliminary planning, design, or
construction of an intercampus bus
expressway between Minneapolis and
Saint Paul
Subd. 4. Railroad Assistance 12,000,000
This appropriation is from the state
transportation fund for the purposes
specified in Minnesota Statutes,
sections 222.49 to 222.63.
Sec. 12. MINNESOTA HISTORICAL
SOCIETY
To the Minnesota historical society
for the purposes specified in this
section 3,600,000
(a) Plan for construction of
State History Center 400,000
This appropriation is to the capitol
area architectural and planning board,
for expenditure in consultation with
the Minnesota Historical Society, for a
design competition for a new state
history center.
This appropriation is available for
expenditure only after a site study has
been presented to the chairmen of the
house appropriations and senate finance
committees and they have made their
advisory recommendations on it.
The study shall be paid for by $150,000
of the appropriation made in Laws 1983,
chapter 344, section 2, clause (f),
which remains from the appropriation to
the capitol area architectual and
planning board for the history center's
design competition. The study shall be
submitted no later than November 1,
1984. The capitol area architectual
and planning board, acting with three
members to be designated by the
director of the Minnesota historical
society, must make a final siting
recommendation to the chairman of the
house appropriation committee and the
chairman of the senate finance
committee and include their rationale.
The historical society, capitol area
architectual and planning board, and
the commissioner of administration
shall cooperate with this study and
provide staff assistance as requested.
This appropriation authorizes and
continues the design competition now in
progress for the state history center.
The design competition for a new
history center, landscaping, and site
improvements shall not produce a total
projected cost that exceeds $41,000,000.
The historical society shall evaluate
and report to the legislature on the
potential for private sector support
for program enhancements for the state
history center, including but not
limited to facility furnishings and
equipment.
(b) Develop Split Rock Lighthouse
historic site 1,550,000
(c) Develop Red River Valley Center 1,000,000
This appropriation shall be expended in
accordance with Minnesota Statutes,
sections 138.92 and 138.93.
(d) Lake Superior Museum of
Transportation and Industry 50,000
This appropriation shall be expended in
accordance with Minnesota Statutes,
sections 138.92 and 138.93.
The appropriations in items (e) to (i)
are from the general fund.
(e) Develop historic interpretive
facilities statewide 150,000
(f) Stabilize Grand Mound 75,000
(g) Historic site restoration and
preventive maintenance 100,000
(h) Restore and preserve historical
objects in Capitol building 250,000
(i) Repair state monuments, markers,
and waysides 25,000
Sec. 13. VOCATIONAL-TECHNICAL
EDUCATION
Subdivision 1. To the state
board of vocational-technical education
for post-secondary vocational-technical
construction in the school districts
listed in this section 10,057,600
Independent School District No. 11,
Anoka 1,046,400
This appropriation is to remodel
warehouse and other space for other
purposes. The total cost of the
project shall not exceed $1,231,000,
whether paid from state, local, or
federal money.
Independent School District No. 492,
Austin 195,300
This appropriation is to remodel
connecting links. The total cost of
the project shall not exceed $229,800,
whether paid from state, local, or
federal money.
Independent School District No. 31,
Bemidji 138,400
(1) $96,200 is to replace a roof.
The total cost of the project shall not
exceed $113,200, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
(2) $42,200 is to construct a
vestibule.
The total cost of the project shall not
exceed $49,700, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Independent School District No. 181,
Brainerd 124,000
This appropriation is for an addition
to the auto body shop. The total cost
of the project shall not exceed
$145,900, whether paid from state,
local, or federal money.
Independent School District No. 891,
Canby 22,700
This appropriation is to complete the
replacement of a roof. The total cost
of the project shall not exceed
$26,800, whether paid from state,
local, or federal money. This
appropriation is from the general fund.
Special Intermediate School District
No. 917, Dakota County 34,100
This appropriation is to modify
boilers. The total cost of the project
shall not exceed $40,200, whether paid
from state, local, or federal money.
This appropriation is from the general
fund.
Independent School District No. 709,
Duluth 2,388,500
(1) $2,125,000 is to construct
additional space for electronics, health,
data processing, and business.
The total cost of the project shall not
exceed $2,500,000, whether paid from
state, local, or federal money.
(2) $212,500 is to resurface a
parking lot.
The total cost of the project shall not
exceed $250,000, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
(3) $51,000 is to install electronic
heat and ventilation controls.
The total cost of the project shall not
exceed $60,000, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Independent School District No. 697,
Eveleth 439,500
This appropriation is to construct a
commons area, kitchen and receiving
area, and instrumentation laboratory.
The total cost of the project shall not
exceed $517,000, whether paid from
state, local, or federal money.
Independent School District No. 423,
Hutchinson 638,700
(1) $500,000 or so much thereof as is
necessary is for the costs to acquire
the Crow River Vocational Cooperative
Center Building
The total cost of this acquisition
shall not exceed $588,200, whether paid
from state, local, or federal money.
(2) $138,700 is to connect utility
units to natural gas.
The total cost of the project shall not
exceed $163,200, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Independent School District No. 77,
Mankato 102,000
This appropriation is to construct a
graphic arts classroom and laboratory.
The total cost of the project shall not
exceed $120,000, whether paid from
state, local, or federal money.
Special School District No. 1,
Minneapolis 1,700,000
This appropriation is to acquire and to
better the Aviation Center facility.
The total cost of this project shall
not exceed $2,000,000, whether paid
from state, local, or federal money.
Special School District No. 1,
Minneapolis, may purchase the facility
presently used by the Minneapolis
Technical Institute for the Aviation
Training Center. Renovation or
expansion of this facility shall not
proceed until such time as the purchase
is complete and title has been
transferred.
Enrollment in aviation mechanics
programs at Minneapolis Technical
Institute shall not be increased beyond
the current level without submission of
documentation that placement rates have
improved. Requests to increase
enrollment shall be reviewed by the
chairmen of the House Appropriations
and Senate Finance Committees and the
chairmen shall make recommendations on
the requests. Failure or refusal to
make a recommendation promptly is
deemed a negative recommendation.
Independent School District No. 152,
Moorhead 495,600
(1) $303,900 is for a project for the
air conditioning and refrigeration
program.
Total costs of this project shall not
exceed $357,500, whether paid from
state, local, or federal money.
(2) $191,700 to reroof the 1971
addition.
The total cost of the project shall not
exceed $225,500, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Special Intermediate School District
No. 916 998,100
(1) $369,900 is for decking the
refrigeration and heating, graphic arts,
and mobile home repair shops.
The total cost of the project shall not
exceed $435,100, whether paid from
state, local, or federal money.
(2) $120,000 is to construct a
warehouse.
The total cost of the project shall not
exceed $141,200, whether paid from
state, local, or federal money.
(3) $303,400 is to encapsulate
asbestos.
The total cost of the project shall not
exceed 356,900, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
(4) $35,500 is to add an air lock to
the east entrance.
The total cost of the project shall not
exceed $41,800, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
(5) $169,300 is to insulate shop
ceilings.
The total cost of the project shall not
exceed $199,200, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Independent School District No. 625,
St. Paul 731,300
(1) $270,600 is to remove asbestos.
The total cost of the project shall not
exceed $318,200, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
(2) $460,700 is to reroof the building
and repair interior and exterior walls.
The total cost of the project shall not
exceed $542,000, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Independent School District No. 793,
Staples 76,500
This appropriation is to replace
overhead doors. The total cost of the
project shall not exceed $90,000,
whether paid from state, local, or
federal money. This appropriation is
from the general fund.
Independent School District No. 347,
Willmar 773,500
(1) $680,000 is for additional
agriculture program classrooms and labs.
The total cost of the project shall not
exceed $800,000, whether paid from
state, local, or federal money.
(2) $93,500 is for various energy
conservation measures.
The total cost of the project shall not
exceed $110,000, whether paid from
state, local, or federal money. This
appropriation is from the general fund.
Independent School District No. 861,
Winona 153,000
This appropriation is to resurface a
parking lot. The total cost of the
project shall not exceed $180,000,
whether paid from state, local, or
federal money. This appropriation is
from the general fund.
Sec. 14. COMMUNITY COLLEGES
Subdivision 1. To the
commissioner of administration for
the purposes more specifically
described in the following
subdivisions of this section 25,038,400
Subd. 2. Anoka-Ramsey Community
College 4,300,000
This building fund appropriation is for
the following:
(a) $2,800,000 for improvements or
expansion of the library, classrooms,
college center, and physical education
facilities.
(b) $1,000,000 for the Cambridge
Community College Center. Of this
amount, $185,000 or so much thereof as
is necessary, is for the costs to
acquire by direct purchase the present
facility owned by the Cambridge
Business Development Company. The
remaining $815,000 is for the costs to
construct an additional building on the
present site, additional parking, and
equipment.
(c) $500,000 to acquire by direct
purchase the Advent Lutheran Church
building and land which is adjacent to
the Anoka-Ramsey Community College
campus.
Subd. 3. Itasca Community College
Planning for library, college center,
classroom buildings and physical
education building addition 175,000
Subd. 4. Minneapolis Community
College
Construct classroom, library, college
center, and plan for a fine arts
building 8,600,000
Subd. 5. North Hennepin Community
College 2,713,000
Construct a business technology
building and improvements and plan for
additions to the physical education
facility.
Subd. 6. Rainy River Community College
Construct college center and physical
education building addition 1,200,000
Subd. 7. Rochester Community College 2,850,000
This appropriation is to plan,
construct, equip, and furnish a 30,000
gross square foot addition to Rochester
Community College. This appropriation
shall not be spent until a portion of
the former Rochester state hospital is
sold and all of the net proceeds are
deposited in the state treasury and
credited to the general fund.
"Net proceeds" means the gross proceeds
less: (1) the accumulated operating
costs associated with the heating,
maintenance, and improvements for the
property sold and provision for
security for the period beginning
December 29, 1982, and ending on the
date of sale of the real property; (2)
costs incurred by Olmsted County for
roof repairs previously made to
hospital buildings and road
improvements made necessary because of
the sale of the property; and (3)
consultant fees and advertising costs
related to the sale of the property.
The purpose of this addition is to
house the Winona State University
Center. This appropriation is from the
state building fund.
It is intended that the Winona State
University Center at Rochester shall be
used jointly by Winona State University
for upper division and graduate
instruction and by Rochester Community
College.
The chancellor of the community college
system and the chancellor of the state
university system or their designees
shall participate jointly in the design
and oversight of the building
construction. Winona State University,
in consultation with Rochester
Community College, shall be responsible
for scheduling instructional
facilities. Rochester Community
College shall be assured reasonable
access to and use of the building.
Rochester Community College shall be
responsible for the operation and
maintenance of the physical plant.
Winona State University will reimburse
Rochester Community College on a
prorated basis for fuel, utilities,
maintenance, and other attributable
expenses consistent with the procedure
agreed upon by the state university and
community college system chancellors.
Subd. 8. Vermilion Community College
Construct college center and physical education
building addition 1,900,000
Subd. 9. Systemwide repairs and
betterments 3,300,400
The appropriations in this subdivision
are from the general fund to the
community college board.
Notwithstanding Minnesota Statutes,
section 16.02, the community college
board shall supervise and control the
making of necessary repairs to all
community college buildings and
structures.
(a) Replace leaking roofs and repair
leaking membranes 225,000
(b) Construct or remodel hazardous
chemical storage areas 336,000
(c) Install emergency lighting 159,000
(d) Repair roads and parking lots 450,000
(e) Repair brick-paver sidewalks at
Inver Hills Community College 132,400
(f) Automate building energy systems 700,000
(g) Systemwide removal of asbestos 1,100,000
(h) Replace transformers 198,000
Sec. 15. STATE UNIVERSITIES
Subdivision 1. To the
State University Board for the
purposes more specifically described
in the following subdivisions of this
section 19,505,000
Notwithstanding Minnesota Statutes,
section 16.02, the state university
board shall supervise and control the
preparation of plans and specifications
for the construction, alteration, or
enlargement of the state university
buildings, structures, and improvements
provided for in this section. The
state university board shall advertise
for bids and award contracts in
connection with the improvements,
supervise and inspect the work, approve
necessary changes in the plans and
specifications, approve estimates for
payment, and accept the improvements
when completed according to the plans
and specifications.
Subd. 2. Bemidji Campus 1,280,000
(a) Plan to remodel or replace education
and art building 230,000
(b) Renovate the exterior and plan
for the rehabilitation of Sattgast Hall 1,050,000
Subd. 3. Mankato Campus 5,480,000
(a) Plan, construct, equip, and
furnish classroom/laboratory building 5,400,000
(b) Correct fire code deficiencies 80,000
This appropriation is from the general
fund.
Subd. 4. Moorhead Campus 695,000
(a) Plan, construct, equip, and
furnish addition to Nemzek Hall 490,000
(b) Planning for construction of a
library addition 205,000
Subd. 5. St. Cloud Campus 4,305,000
(a) Preliminary planning for
Stewart Hall 60,000
(b) Plan and renovate Gray
Campus Laboratory School 3,500,000
(c) Install air conditioning
system chiller loop 745,000
Subd. 6. Southwest campus 115,000
Grade and plant trees to form a
windbreak
This appropriation is from the general
fund.
Subd. 7. Winona Campus
(a) Plan, renovate, equip, and furnish
Somsen Hall 4,000,000
This appropriation includes $360,000
for planning and working drawings for
the renovation of Somsen Hall.
(b) The State University System may
seek nonstate funds from friends of
Winona State University and others in
the Winona area for the campus
landscaping and site-work project.
Once nonstate funds are obtained, the
State University System may proceed
with planning and construction of the
project.
Subd. 8. Systemwide planning and
coordination - building projects 100,000
Subd. 9. Systemwide 3,530,000
The appropriations in this subdivision
are from the general fund.
(a) Install automatic emergency
lighting 300,000
(b) Replace transformers and
capacitors 1,054,000
(c) Remove asbestos systemwide 576,000
(d) Replace roofs 1,300,000
(e) Prepare systemwide study of need
for new construction, major remodeling,
library facilities, sports and physical
education facilities, and industrial
arts facilities 300,000
Sec. 16. UNIVERSITY OF
MINNESOTA
Subdivision 1. To the regents
of the University of Minnesota for
the purposes more specifically
described in the following
subdivisions of this section 57,981,000
Subd. 2. Twin Cities Campus 46,803,000
(a) Appleby Hall 420,000
This appropriation is for working
drawings to remodel and/or add on to
Appleby Hall. The total cost of the
project may not exceed $7,000,000.
(b) Electrical engineering and
computer science building 2,700,000
This appropriation is for two
purposes. The first purpose is for
working drawings to build and equip a
facility not to exceed a total cost of
$40,000,000. The second purpose is for
the preparation of a master building
plan for physical facilities for the
Institute of Technology.
(c) Prepare working drawings and
construct animal facilities on
the St. Paul campus or at the
Rosemount Experiment Station 4,000,000
Notwithstanding the provisions of
Minnesota Statutes, sections 16.821 to
16.827, the Regents of the University
of Minnesota are not required to abide
by the state designer selection board
act for the remodeling and renovation
portions of the animal housing
facilities.
(d) Green Hall Planning 656,000
(e) Remodel Smith Hall 21,000,000
(f) Repair roof and install energy
conservation measures of Folwell Hall 855,000
(g) Remodel Amundson Hall and Mines
and Metallurgy building 1,200,000
Of this appropriation $60,000 is for
preliminary planning for phase II
construction.
(h) Remodel parts of Mayo building
for department of microbiology and
school of public health 8,160,000
(i) Music Library 1,275,000
(j) Music performance laboratory 1,638,000
This amount must be matched by no less
than an equal amount from nonstate
sources.
(k) Teaching Greenhouse and Headhouse 800,000
(l) Prepare preliminary plans for
Minneapolis Campus recreational sports
facilities and St. Paul Campus gymnasium
improvements 210,000
This appropriation is for preliminary
plans to build and equip a facility not
to exceed a total cost to the state of
$10,000,000. The plans are to include
an assessment of the availability of
recreational sports facilities in parks
and schools which are physically close
to the Minneapolis and St. Paul
campuses.
The regents of the University of
Minnesota may use nonstate funds for
the construction of new facilities for
intercollegiate football and to install
an artificial playing surface in the
Field House.
(m) Modify Williams Arena to correct
life safety deficiencies 621,000
This appropriation is from the general
fund.
(n) Repay bank loan for modifying
Minneapolis Campus heating plant 1,000,000
This appropriation is from the general
fund.
(o) Convert primary electrical
system on the Minneapolis Campus 978,000
(p) Convert primary electrical
system on the St. Paul Campus and
air condition Goldstein Gallery 1,290,000
Subd. 3. Duluth Campus 6,570,000
(a) Recreational sports/physical
education facilities 4,400,000
This amount is to be matched by at
least $487,000 from nonstate sources.
(b) Natural Resources Research
Institute-Remodel and equip sage
building 1,800,000
(c) Planning for remodeling and
construction of engineering
facilities 270,000
(d) Study heating plant and steam
distribution 100,000
This appropriation is from the general
fund.
Subd. 4. Morris Campus
Construct Greenhouse 200,000
Subd. 5. Crookston Campus 1,584,000
(a) Remodel Owen Hall 1,500,000
Of this amount, $25,000 is to plan a
partial replacement of the Dairy
Facility at the Northwest Experiment
Station, with 15 animal stations for
use by the Technical College.
(b) Construct addition to coal
storage facilities 34,000
This appropriation is from the general
fund.
(c) Food service building air
conditioning 50,000
Subd. 6. Waseca Campus
Construct mechanized agriculture
shops addition and east portion of
ring road 1,200,000
Subd. 7. Hormel Institute,
Austin
Complete, equip, and furnish the
Animal Research Annex 237,000
Subd. 8. Northwest Experiment
Station, Crookston
Remodel existing
agricultural research
center auditorium 150,000
Subd. 9. Rosemount Experiment Station
Construct addition to hazardous waste
storage facilities 75,000
This appropriation is from the general
fund.
Subd. 10. Southern Experiment
Station, Waseca
Construct farm implement storage facility 114,000
Subd. 11. Southwest Experiment
Station, Lamberton
Acquire land 98,000
Subd. 12. Systemwide 950,000
(a) Remodel facilities to accommodate
the physically handicapped 750,000
(b) Remodel facilities to meet life
and fire safety standards 200,000
This appropriation is from the general
fund.
Sec. 17. CORRECTIONS
Subdivision 1. To the commissioner
of administration for the purposes more
specifically described in the following
subdivisions of this section 2,598,900
The appropriations in this section are
from the general fund, unless otherwise
indicated.
Subd. 2. Minnesota Correctional
Facility - Lino Lakes 148,000
(a) Fire control system - "B" Building 119,000
(b) Upgrade security surveillance 29,000
Subd. 3. Minnesota Correctional
Facility - Red Wing 240,000
(a) Roof replacement, Harvard and
Stanford cottages 90,000
(b) Repair roof, replace eaves and
gutters, and tuckpoint chapel 50,000
(c) Install sprinkler system in three
maintenance buildings 100,000
Subd. 4. Minnesota Correctional
Facility - St. Cloud 554,900
(a) Roof replacement, power plant and
administration building 41,300
(b) Replace plumbing in cell houses
A and B 184,000
(c) Replace light fixtures in cells 47,000
(d) Replace windows in two shops and
administration building 43,000
(e) Tuckpointing 137,600
(f) Demolish farm buildings 2,000
(g) Replace doors and locks in school
building 100,000
Item (g) is appropriated from the state
building fund.
Subd. 5. Minnesota Correctional
Facility - Sauk Centre 186,000
(a) Repair roofs on four buildings 29,000
(b) Install fire exit stairways from
three residential cottages 30,000
(c) Install carpet and ceiling tile
in Mary Lyon School 21,000
(d) Resurface recreation area and
parking lot 10,000
(e) Remodel Sullivan Cottage 96,000
Subd. 6. Minnesota Correctional
Facility - Stillwater 1,373,000
(a) OSHA, fire and life safety projects 120,000
(b) Ventilation and heating in cell
halls A and B 52,000
(c) Replace plumbing in cell halls A
and B 210,000
(d) Enlarge and remodel communication
room 68,000
(e) Tuckpointing 553,000
(f) Lock replacement in cell hall B 180,000
(g) Renovate steam and return lines 190,000
Subd. 7. Willow River Camp 97,000
(a) Pave camp road 50,000
(b) Addition to administration
building 47,000
Sec. 18. PUBLIC WELFARE
Subdivision 1. To the commissioner
of administration for the purposes more
specifically described in the
following subdivisions of this section 4,730,400
The appropriations in this section are
from the general fund, unless otherwise
indicated.
Subd. 2. Faribault State
Hospital 344,400
(a) Reconstruct roads and parking areas 303,400
Of the amount appropriated $6,000 shall
be for sealcoating.
(b) Renovate power plant and laundry
condensation system 41,000
Subd. 3. Fergus Falls State
Hospital 502,000
(a) For air conditioning in
buildings 27 and 28 222,000
(b) Replace boiler emission
control unit with electrostatic
precipitator 280,000
Item (b) is appropriated from the state
building fund.
Subd. 4. Moose Lake State
Hospital 810,000
(a) For purchase and installment
of a new ventilation system in
buildings 1, 2, 3, and 4 578,000
(b) Renovate and replace plumbing and
shower fixtures in buildings 51 and 52 53,000
(c) Boiler conversion 179,000
Subd. 5. St. Peter State Hospital
Demolish the old Minnesota Security
Hospital building 300,000
Subd. 6. Roof Repair and
Replacement 408,000
This appropriation shall be limited to
projects at state hospitals in Anoka,
Cambridge, Faribault, Fergus Falls,
Moose Lake, and St. Peter.
Subd. 7. Floor Covering 650,000
This appropriation shall be limited to
projects for carpeting or alternative
floor coverings at state hospitals in
Brainerd, Cambridge, Faribault, Fergus
Falls, Moose Lake, St. Peter, and
Willmar.
Subd. 8. Systemwide furniture
replacement 400,000
Subd. 9. Road and parking
lot repair 184,000
This appropriation shall be limited to
projects for patching, resurfacing, and
sealcoating at Ah Gwah Ching State
Nursing Home and state hospitals in
Anoka, Brainerd, Cambridge, Fergus
Falls, Moose Lake, St. Peter, and
Willmar.
Subd. 10. Mechanical system renovation 450,000
This appropriation shall be used for
various boiler heating and hot water
projects at Oak Terrace State Nursing
Home and state hospitals in Anoka,
Brainerd, Faribault, Moose Lake, and
Willmar.
Subd. 11. Special Building
Contingent 682,000
(a) Building renovation and
structural corrections at Ah Gwah
Ching State Nursing Home and state
hospitals in Anoka, Brainerd,
Cambridge, Faribault, Moose Lake,
and Willmar 500,000
(b) Remodeling bathrooms at
Faribault and Moose Lake State
Hospitals and Ah Gwah Ching State
Nursing Home 182,000
The appropriations for the projects in
this subdivision shall be available
only after a plan for the future use of
state hospitals has been submitted by
the state planning agency to the 1985
legislature and subsequent
consideration of these projects with
the chairmen of the senate finance
committee and the house appropriations
committee.
Sec. 19. BOND SALE EXPENSES
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8 153,000
Sec. 20. INTEREST RATE REDUCTION EXPENSES
To the commissioner of finance for
payments made under contracts for
interest rate reduction measures
as authorized by this act 7,230,000
Sec. 21. [BOND SALE; DEBT SERVICE.]
To provide the money appropriated in this act from the
state building fund the commissioner of finance upon request of
the governor shall sell and issue bonds of the state in an
amount up to $139,540,000 in the manner, upon the terms, and
with the effect prescribed by Minnesota Statutes, sections
16A.63 to 16A.672, and by the Constitution, article XI, sections
4 to 7.
Sec. 22. [TRANSPORTATION BONDS.]
To provide the money appropriated in this act from the
state transportation fund the commissioner of finance upon
request of the governor shall sell and issue bonds of the state
in an amount up to $16,000,000 in the manner, upon the terms,
and with the effect prescribed by Minnesota Statutes, sections
174.50, 174.51, and by the Constitution, article XI, sections 4
to 7.
Sec. 23. [CONSULTATION REQUIRED.]
No land shall be purchased and no buildings shall be
purchased, constructed, or erected on lands of the University of
Minnesota until the regents have first consulted with the
chairman of the senate finance committee and the chairman of the
house appropriations committee and obtained their
recommendations, which are advisory only.
Sec. 24. [REVIEW OF PLANS.]
The commissioner of administration, the commissioner of
transportation, the state university board, and the board of
regents of the University of Minnesota shall not prepare final
plans and specifications for any construction or major
remodeling authorized by this act until the using agency or
department has presented the program and schematic plans and
cost estimates for all elements necessary to complete the
project to the chairman of the house appropriations committee
and the chairman of the senate finance committee and the
chairmen have made their recommendations thereon. The
recommendations are advisory only. Failure or refusal to make a
recommendation promptly is deemed a negative recommendation.
Sec. 25. [APPROPRIATIONS FOR CONSTRUCTION; TRANSFER.]
Upon the awarding of final contracts for the completion of
a project for construction or other permanent improvement
authorized by this act, the commissioners of administration and
transportation, the state university board, and the board of
regents of the University of Minnesota as to appropriations made
to them may transfer any unencumbered balance in the project
account to any other project enumerated in the same section of
the appropriation act as the project about to be completed. The
money transferred pursuant to this section is appropriated for
the purposes for which transferred. The commissioners of
administration and transportation and the board of regents of
the University of Minnesota shall report to the chairman of the
house appropriations committee and the chairman of the senate
finance committee on any transfer made pursuant to this section.
Sec. 26. [APPROPRIATIONS FOR CONSTRUCTION; FEDERAL MONEY;
EXCEEDING AUTHORIZED COST.]
The commissioner of administration, the commissioner of
transportation, the state university board, and the board of
regents of the University of Minnesota shall apply for the
maximum federal share for each capital improvement project for
which money is appropriated by this act. Encumbrance or
expenditure of money in excess of the project authorization
shall be made only after the commissioner of administration, the
commissioner of transportation, and the board of regents, as
appropriate, have consulted with the chairman of the house
appropriations committee and the chairman of the senate finance
committee and the chairmen have made their recommendations
thereon. The recommendations are advisory only. Failure or
refusal to make a recommendation promptly is deemed a negative
recommendation.
Sec. 27. [METHODS OF ACQUISITION.]
Where money has been appropriated by this act to the
commissioner of administration to acquire lands or sites for
public buildings or real estate, acquisition may be by gift,
purchase, or condemnation proceedings. Condemnation proceedings
shall be under Minnesota Statutes, chapter 117.
Sec. 28. [APPROPRIATION REDUCTIONS; CANCELLATIONS.]
The appropriation in Laws 1981, chapter 4, section 9,
subdivision 9, item (a), to remodel building 8 at Rochester
state hospital, is reduced by $68,000. The appropriation in
Laws 1981, chapter 334, section 11, subdivision 3, for district
heating at Moorhead state university, is reduced by $2,485,000.
The appropriation in Laws 1981, chapter 361, section 2, item
(e), to construct a tunnel from the Historical Society building
to the Mechanic Arts School building, is reduced by $412,000.
The appropriation in Laws 1981, chapter 361, section 2, item
(g), for Fergus Falls State Hospital Power Plant Conversion, is
reduced by $2,550,000. The appropriation in Laws 1981, chapter
361, section 4, subdivision 5, for transportation projects, is
reduced by $58,900,000. The appropriation in Laws 1981, chapter
362, section 5, subdivision 3, to construct an agronomy and
plant genetics, plant pathology, and soil science building, is
reduced by $1,400,000. The appropriation in Laws 1983, chapter
344, section 2, item (h), to acquire the MEA building, and in
item (i), to renovate the MEA building, are canceled.
The appropriation in Laws 1983, chapter 344, section 10,
subdivision 2, item (b), to construct a music facility on the
West Bank campus, is reduced by $4,525,000.
Sec. 29. [BOND SALE REDUCTIONS.]
The bond sale authorization in Laws 1981, chapter 4,
section 13, is reduced by $68,000. The bond sale authorization
in Laws 1981, chapter 334, section 12, is reduced by
$3,685,000. The bond sale authorization in Laws 1981, chapter
361, section 9, is reduced by $2,962,000. The bond sale
authorization in Laws 1981, chapter 361, section 10, is reduced
by $58,900,000. The bond sale authorization in Laws 1981,
chapter 362, section 7, is reduced by $1,400,000. The bond sale
authorization in Laws 1982, chapter 639, section 13, is reduced
by $63,000. The bond sale authorization in Laws 1983, chapter
344, section 15, is reduced by $7,660,000.
Sec. 30. Minnesota Statutes 1982, section 16.72,
subdivision 7, is amended to read:
Subd. 7. [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.]
The commissioner of administration shall impose a surcharge of
25 percent for vehicles occupied by only one person parking in a
state parking facility in the capitol area, as described by
section 15.50, subdivision 2. The revenue from this additional
charge shall be placed by the commissioner in a special
account. For the benefit of employees employed in the capitol
area, the money in the account is appropriated to the
commissioner and shall be used by the commissioner in the
following order of priority: (1) to acquire or lease commuter
vans pursuant to section 16.756 and,; (2) within such limits and
upon such conditions as the commissioner determines to be
necessary, to reimburse state departments or agencies for costs
resulting from agreements with the metropolitan transit
commission or other operators pursuant to section 473.409; and
(3) to be used for maintaining and improving parking lots or
facilities owned or operated by the state. The commissioner may
adopt rules necessary to administer the provisions of this
subdivision, subdivision 5, and section 473.409. The rules may
exempt from the surcharge vehicles operated by persons who the
commissioner determines have job requirements that make car
pooling impractical.
Sec. 31. [16A.011] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to chapter 16A.
Subd. 2. [ALLOTMENT.] "Allotment" means a limit placed by
the commissioner on the amount to be spent or encumbered during
a period of time pursuant to an appropriation.
Subd. 3. [APPROPRIATION.] "Appropriation" means an
authorization by law to expend or encumber an amount in the
treasury.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of finance.
Subd. 5. [ENCUMBRANCE.] "Encumbrance" means the commitment
of a portion or all of an allotment in order to meet an
obligation that is expected to be incurred to pay for goods or
services received by the state or to pay a grant.
Subd. 6. [TREASURER.] "Treasurer" means the state
treasurer.
Subd. 7. [TREASURY.] "Treasury" means the state treasury.
Sec. 32. Minnesota Statutes 1982, section 16A.54, is
amended to read:
16A.54 [GENERAL FUND DEFINED.]
Except as provided in section 16A.671, subdivision 3, the
term "general fund" appearing in any existing or hereafter
enacted law relating to revenues deposited in or expenditures
appropriated from the state treasury means such moneys as have
been deposited in the state treasury for the usual, ordinary,
running, and incidental expenses of the state government and
does not include moneys deposited in the state treasury for a
special or dedicated purpose.
Sec. 33. [16A.631] [ STATE BUILDING FUND.]
The state building fund is established to receive state
bond proceeds appropriated to agencies to acquire and to better
public lands and buildings and other public improvements of a
capital nature, as authorized by the Constitution, article XI,
section 5, clause (a).
Sec. 34. [16A.641] [STATE BONDS; APPROPRIATIONS.]
Subdivision 1. [AUTHORITY.] When authorized by a law
enacted in accordance with the Constitution, article XI,
sections 5 and 7, the commissioner of finance may sell and issue
general obligation bonds of the state evidencing public debt
incurred for any purpose stated in those sections. The full
faith, credit, and taxing powers of the state are irrevocably
pledged for the prompt and full payment of the bonds and
interest.
Subd. 2. [REPORT.] Before a sale of general obligation
bonds, the commissioner shall report the amount of bonds to be
issued and a detailed list of the projects or a statement of the
program to be financed to the chairmen of the house
appropriations and tax committees and of the senate finance and
tax committees, and the minority leaders of the house and
senate, for their advisory recommendation. The recommendation
is positive if not received within ten days.
Subd. 3. [SERIES OF BONDS.] Bonds authorized by a law may
be issued in more than one series, and bonds authorized by more
than one law may be combined in a single series, as determined
by order of the commissioner. The order must state the
principal amount of the bonds to be issued under each law, and
the aggregate principal amount and the maturity dates and
amounts of the bonds included in the series that are to be
issued for the purpose of each special fund.
Subd. 4. [SALE AND ISSUANCE.] State bonds must be sold and
issued upon sealed bids in the manner and on the terms and
conditions determined by the commissioner in accordance with the
laws authorizing them and subject to the approval of the
attorney general, but not subject to chapter 14. For each
series, in addition to provisions required by subdivision 3, the
commissioner may determine:
(1) the time, place, and notice of sale and method of
comparing bids;
(2) the price, not less than par for highway bonds;
(3) the principal amount and date of issue;
(4) the interest rates and payment dates;
(5) the maturity amounts and dates, not more than 20 years
from the date of issue, subject to subdivision 5;
(6) the terms, if any, on which the bonds may or must be
redeemed before maturity, including notice, times, and
redemption prices; and
(7) the form of the bonds and the method of execution,
delivery, payment, registration, conversion, and exchange, in
accordance with section 16A.672.
Subd. 5. [PLANNING MATURITIES.] In issuing each series of
state bonds the commissioner shall try to establish the
maturities and other terms so that transfers to the state bond
fund required in each year of the then current biennium under
subdivision 10 may be made with the least practical effect on
orderly spending plans for other appropriations from the general
fund.
Subd. 6. [CERTIFICATION.] The commissioner of finance
shall ascertain from state records and certify to the holders of
each series of state bonds, subject to the approval of the
attorney general, that all conditions exist and all actions have
been taken that are needed to make the bonds valid and binding
general obligations of the state in accordance with their terms.
The commissioner shall also certify for the state the facts,
estimates, and circumstances on the date of issue that lead the
commissioner reasonably to expect that the proceeds will not be
used in a way that would make the bonds arbitrage bonds under
section 103(c) of the Internal Revenue Code and related federal
regulations.
Subd. 7. [CREDIT OF PROCEEDS.] (a) Proceeds of bonds
issued under each law must be credited by the commissioner to a
special fund, as provided in this subdivision.
(b) Accrued interest and any premium received on sale of
the bonds must be credited to the state bond fund created by the
Constitution, article XI, section 7.
(c) Proceeds of state building bonds must be credited to
the state building fund under section 16A.631.
(d) Proceeds of state highway bonds must be credited to the
trunk highway fund under the Constitution, article XIV, section
6.
(e) Proceeds of bonds issued for programs of grants or
loans to political subdivisions must be credited to special
funds established by laws stating the purposes of the grants or
loans, and the standards and criteria under which an executive
agency is authorized to make them.
(f) Proceeds of refunding bonds must be credited to the
state bond fund as provided in section 16A.66, subdivision 1.
Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of
bonds issued under each law are appropriated for the purposes
described in the law and in this subdivision. This
appropriation may never be canceled.
(b) Before the proceeds are received in the proper special
fund, the commissioner may transfer to that fund from the
general fund amounts not exceeding the expected proceeds. The
commissioner shall return these amounts to the general fund by
transferring proceeds when received. The amounts of these
transfers are appropriated from the general fund and from the
bond proceeds.
(c) Actual and necessary travel and subsistence expenses of
employees and all other expenses incidental to the sale,
printing, execution, and delivery of bonds must be paid from the
proceeds. The proceeds are appropriated for this purpose.
(d) Bond proceeds remaining in a special fund after the
purposes for which the bonds were issued are accomplished or
abandoned, as certified by the head of the agency administering
the special fund, or as determined by the commissioner, unless
devoted under the appropriation act to another purpose
designated in the act, shall be transferred to the state bond
fund.
Subd. 9. [SPECIAL ACCOUNTS; APPROPRIATION.] (a) The
commissioner of finance shall establish separate accounts in the
state bond fund for:
(1) state building bonds, and for other state bonds issued
for each program of grants to political subdivisions for a
particular class of capital expenditures, to record debt service
payments and receipts of amounts appropriated from the general
fund under subdivision 10;
(2) state highway bonds, to record debt service payments,
receipts of amounts appropriated for debt service from the trunk
highway fund pursuant to the Constitution, article XIV, section
6, and additional receipts, if any, of amounts appropriated from
the general fund under subdivision 10;
(3) state bonds issued for each capital loan and for each
program of capital loans to agencies or political subdivisions,
to record debt service payments, receipts of loan repayments
appropriated for debt service or reimbursement of debt service
by the law authorizing the loan or program, and any additional
receipts of amounts appropriated from the general fund under
subdivision 10; and
(4) refunding bonds, as provided in section 16A.66,
subdivision 1.
(b) All money credited, transferred, or appropriated to the
state bond fund and all income from the investment of that money
is appropriated to the commissioner for the payment of principal
and interest on state bonds.
Subd. 10. [APPROPRIATION FROM GENERAL FUND.] There is
annually appropriated to the state bond fund from the general
fund the amount that, added to the amount in the state bond fund
on November 1 each year, is needed to pay the principal of and
interest on all state bonds due and to become due through July 1
in the second ensuing year. The money appropriated must be
available in the state bond fund each year before the tax
otherwise required by the Constitution, article XI, section 7,
is levied.
Subd. 11. [CONSTITUTIONAL TAX LEVY.] Under the
Constitution, article XI, section 7, the state auditor must levy
each year on all taxable property within the state a tax
sufficient, with the amount then on hand in the state bond fund,
to pay all principal and interest on state bonds due and to
become due to and including July 1 in the second ensuing year.
If levied, this tax must be assessed and extended against real
property used for the purposes of a homestead, as well as other
taxable property, notwithstanding section 273.13, subdivisions 6
and 7. The tax is not subject to limitation of rate or amount.
However, the amount of money appropriated from other sources as
provided in subdivision 10, and actually received and on hand
prior to the levy in any year, reduces the amount of the tax
otherwise required to be levied. The proceeds of the tax must
be credited to the state bond fund.
Subd. 12. [SUPPLEMENTAL APPROPRIATION FROM GENERAL FUND.]
If the proceeds of the tax levied under subdivision 11 are ever
insufficient to make the principal and interest payments on
state bonds when due, the balance must be paid out of the
general fund. The amount needed to pay the balance is
appropriated from the general fund to the commissioner.
Sec. 35. [16A.651] [INTEREST RATE REDUCTION.]
The commissioner may enter into contracts providing for the
issuance of letters of credit, put options, or other contractual
rights deemed necessary or desirable to reduce the interest rate
on state general obligation bonds to be issued by the
commissioner, and may pay the cost of the contracts from bond
proceeds, including premiums and accrued interest, received from
purchasers. The amount of bonds authorized to be issued by the
commissioner under any other law adopted before the effective
date of this section is increased by up to five percent in order
to provide all or a portion of the money required to be paid
under the contracts. The expenditure of bond proceeds for this
purpose is deemed to be an expenditure for the primary purpose
for which the bonds covered by the contract are authorized to be
issued by the Constitution and applicable law. So much of the
proceeds of bonds issued by the commissioner as is necessary to
pay the costs of the letters of credit, put options, or other
contractual rights is appropriated for this purpose.
Sec. 36. Minnesota Statutes 1982, section 16A.66, as
amended by Laws 1983, chapter 301, sections 96, 97, and 98, is
amended to read:
16A.66 [MINNESOTA STATE REFUNDING BONDS.]
Subdivision 1. [AUTHORITY; REDUCTION OF TAX AND
APPROPRIATION FOR REFUNDED BONDS.] For the purpose of refunding
state bonds of any series heretofore or hereafter authorized,
including interest on them, The commissioner of finance may,
with approval by resolution of the executive council, issue
state bonds of the state of Minnesota in the manner and upon the
terms and conditions prescribed in this in accordance with
section and in the Constitution, article XI, section 7. For the
prompt and full payment of all such refunding bonds and the
interest thereon the full faith and credit and taxing powers of
the state are irrevocably pledged 16A.641 to refund any
outstanding state bonds and interest on them. The proceeds of
such refunding bonds shall be credited to the account
established within the state bond fund created by the
Constitution, and within that fund to such separate bookkeeping
account as shall have been created for the payment of the bonds
to be refunded and the interest thereon, and shall be credited
only against the appropriations in section 16A.641, subdivisions
9 and 10 and the tax otherwise required by the constitution to
be levied with respect to the refunded bonds and interest.
Subd. 2. [SPECIAL PROVISIONS FOR SALE AND ISSUANCE.]
Unless otherwise expressly provided in the law authorizing the
issuance of any series of bonds, such authorization shall
include authorization to the commissioner to issue refunding
bonds for the purpose of refunding the same in the manner and
upon the terms and conditions prescribed in this section. Any
act directing the issuance of bonds for any purpose shall,
together with this section, constitute complete authority for
the issuance of bonds to refund the same, and such refunding
bonds shall not be subject to the restrictions or limitations
contained in any other law.
Subd. 3. Such Refunding bonds shall be issued and sold
upon sealed bids, or may be sold publicly, or directly to the
state board of investment without bids, or may be exchanged for
bonds refunded by agreement with the their holders thereof, and
shall be prepared, executed, and delivered, and when issued
shall be secured, in the same manner in all respects way as
provided by law and the Constitution for the refunded bonds
refunded thereby. The proceeds of the refunding bonds may be
deposited, invested, and applied to accomplish the refunding in
the manner and upon the conditions as provided in section
475.67, subdivisions 5 to 10. The interest rate on refunding
bonds may exceed that on the refunded bonds refunded when in the
judgment of if the commissioner and council purpose of refunding
is nevertheless necessary or desirable for the purpose of
extending to extend the maturities and reducing to reduce the
annual amount of the property tax or other funds needed annually
to pay and to secure the bonds and interest debt.
Subd. 4 3. [APPROPRIATION.] Such moneys as are required
The money needed to carry out the purposes of this section are
is appropriated annually therefor.
Subd. 5. Prior to each sale of general obligation bonds,
the commissioner of finance shall report to the chairmen of the
house appropriations and senate finance committees, house and
senate tax committees, and the minority leaders of the house and
senate, the amount of bonding to be issued and a detailed list
of the projects which are to be financed and shall receive their
recommendations. These recommendations are advisory only;
failure to reply within ten days is deemed a positive response.
Sec. 37. Minnesota Statutes 1982, section 16A.671, is
amended to read:
16A.671 [CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [AUTHORIZATION.] For the purpose of
assuring To ensure that cash or cash equivalent assets will be
is available at all times during each biennium when needed to
pay all warrants drawn on the general fund pursuant to under
appropriations and allotments for expenditure for any purpose
during that biennium, the governor may authorize the
commissioner of finance (1) to issue certificates of
indebtedness in anticipation of the collection of taxes levied
for and other revenues appropriated to the general fund, for
expenditure during each biennium; and (2) to issue additional
certificates to refund outstanding certificates or and interest
thereon, under the provisions of on them, under the
constitution, article XI, section 6.
Subd. 2. [ADVISORY RECOMMENDATION.] Before certificates of
indebtedness are initially sold and issued pursuant to any
authorization, except for the purpose of refunding by any of the
methods authorized in subdivision 6, the governor shall secure
seek the advisory recommendation of the legislative advisory
commission as to or, if there is no commission, the executive
council, on (1) the necessity thereof of issuing them, (2) the
terms and conditions of the sale and issuance, and (3) the
maximum amount to be issued and outstanding under the
authorization. When certificates of indebtedness are to be sold
and issued pursuant to subdivision 5, clause (b) or (c), the
governor shall secure a recommendation before the line of credit
is established or the underwriting or placement agreement is
entered into, but need not secure If the commission or council
does not make a recommendation promptly, the recommendation is
negative. An additional recommendation is not required for
refunding outstanding certificates or for each issuance of
certificates of indebtedness pursuant to that in accordance with
an approved line of credit, underwriting, or placement agreement.
The recommendation of the commission shall be advisory only. The
failure of the commission to make a recommendation promptly is a
negative recommendation. If there is no legislative advisory
commission, the governor shall request an advisory
recommendation from the executive council.
Subd. 2 3. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Allotment" means a limitation placed by the
commissioner of finance pursuant to law, upon the amount to be
expended or encumbered during any period during a biennium
pursuant to an appropriation.
(b) "Appropriation" means an authorization by law to expend
or encumber an amount in the general fund during a biennium,
including but not limited to:
(1) Direct appropriations;
(2) Open and standing appropriations;
(3) Appropriations of sums sufficient for stated purposes,
the amounts of which shall be deemed to be as estimated by the
commissioner of finance from time to time; and
(4) Appropriations of amounts to be paid or transferred in
financial records from the general fund to any special or
dedicated fund.
(c) (a) "General fund" means all cash and investments from
time to time received and held in the state treasury, except
proceeds of state bonds and amounts received and held in special
or dedicated funds created by the state constitution, or by or
pursuant to federal laws or regulations thereunder, or by bond
or trust instruments, pension contracts, or other agreements of
the state or its agencies with private persons, entered into
pursuant to state law.
(d) (b) "Maximum current cash flow requirement" means a the
commissioner's written estimate by the commissioner of finance
of the largest of the amounts by which, on a particular
designated date in each month of the term for which certificates
are to be issued, the sum of (1) the warrants then outstanding
against the general fund plus (2) those that must be drawn
thereon on the fund before the same date in the following month,
in payment of claims due for expenditure pursuant to under all
appropriations and allotments, will exceed the amount of cash or
cash equivalent assets held in the general fund on the first of
these dates, excluding the proceeds of the certificates to be
issued.
Subd. 3 4. [LIMITATIONS OF AMOUNT.] The principal amount
of certificates of indebtedness to be issued at any time shall
must not exceed the smallest smaller of the following:
(a) (1) An amount which, with interest thereon to maturity,
added to the then outstanding amount of certificates, less the
amount thereof, if any, which will be not simultaneously paid
from the proceeds, and interest thereon to maturity and retired,
will equal the then unexpended balance of all money which will
be credited to the general fund during the current biennium
under existing laws, as estimated by the commissioner of
finance; or
(b) (2) The maximum current cash flow requirement.
Subd. 4 5. [TERMS.] The commissioner of finance may
establish by order in accordance with the provisions of this
section, and with the approval of the attorney general, but not
subject to the provisions of sections 14.02, 14.04 to 14.36,
14.38, 14.44 to 14.45, and 14.57 to 14.62, the principal amount
of each series of certificates of indebtedness, the time or
times and terms of sale, the denominations and form, whether
registered or payable to bearer, with or without interest
coupons, the interest rate or rates or the basis of computation
of a variable rate, the maturity date or dates and amounts, the
provisions, if any, for redemption at times and prices and upon
notice specified, a place or places of payment which may be
suitable financial institutions within or outside the state, any
provisions for registration of ownership of principal, or both
principal and interest, and for transfer and exchange, and any
other terms the commissioner may determine with the approval of
the attorney general. All certificates shall mature not later
than the end of the biennium in which they are issued chapter
14, the terms of each series of certificates of indebtedness
including:
(1) the manner of sale under subdivision 6;
(2) the price, prinicipal amount, and date of issue;
(3) the interest rate or rates and payment dates, or the
basis of computation of a variable rate;
(4) the maturity date or dates, within the current biennium
except as provided in subdivision 10;
(5) the terms, if any, of redemption before maturity;
(6) the form and method of execution, delivery, payment,
registration, conversion, and exchange, under section 16A.672.
Subd. 5 6. [SALE.] Certificates of indebtedness may be
sold by the commissioner of finance upon public advertisement
for competitive bids, or: in any of the ways listed in
paragraphs (a) to (e).
(a) They may be sold to the state board of investment
without advertisement for bids, upon terms at least as favorable
as those on which, in the judgment of the board, direct
obligations of the United States government of comparable
maturities can at the time be purchased from funds under its
control, including the special or dedicated funds described in
clause (c) of subdivision 2, other than pension funds; The
commissioner may advertise for competitive bids.
(b) The commissioner may negotiate contracts with a
suitable bank or banks within or outside the state for a line in
or out of state to establish lines of credit whereby, for an
agreed compensation,. The contracts must provide that the
commissioner may issue certificates of indebtedness may be
issued from time to time up to a maximum outstanding amount
within an agreed period, bearing interest at a fixed or variable
interest rate and. The certificates must be subject to
redemption at par plus accrued interest at any time at the
commissioner's option of the commissioner; or.
(c) The commissioner may negotiate contracts with a firm or
firms of underwriters for the that will purchase of certificates
of indebtedness or to act as an agent agents in the placement of
certificates of indebtedness, which issued within an agreed
period, up to a maximum amount outstanding. The certificates
may be sold to the underwriters or investors (1) at a specified
an agreed discount representing with the interest included in
the face amount payable at maturity, or (2) bearing interest at
a stated interest rate on a stated principal the face amount,
payable on one or more dates. For the further security of the
these certificates of indebtedness the commissioner may
negotiate a agreements for lines of credit agreement pursuant to
under paragraph (b), providing for the payment thereof to pay
the certificates with interest to maturity, if necessary, by the
issuance of new certificates of indebtedness to the bank or
banks extending the under the lines of credit.
Subd. 6. [EXECUTION.] Certificates of indebtedness shall
be executed by the signatures of the commissioner of finance and
the state treasurer under their official seals, and any attached
interest coupons by the signature of the commissioner. The
signatures and seals may be printed, lithographed, photocopied,
or stamped, except that at least one officer shall sign manually
on the face of each certificate, unless the commissioner
designates and the certificate on its face requires a suitable
financial institution to authenticate the certificate by the
manual signature of its authorized representative.
Subd. 6a. [FISCAL AGENT BANK.] (d) The commissioner may
enter into an agreement make contracts for agreed fees with a
suitable bank or banks located within or outside the in or out
of state to authenticate, issue, pay principal and interest on,
cancel or, and otherwise deal as fiscal agents of the state with
certificates of indebtedness issued pursuant to this section,
for an agreed compensation under paragraphs (a), (b), or (c).
(e) The commissioner may sell certificates of indebtedness
to the state board of investment without advertising for bids.
The board must determine that the terms are not less favorable
than those available at the time for the purchase of direct
obligations of the federal government or its agencies, of
comparable maturities. The board may purchase the certificates
with any money under its control except money in a pension fund.
Subd. 7. [APPROPRIATION OF PROCEEDS.] The proceeds of all
certificates of indebtedness issued pursuant to this section are
appropriated to must be depositied in the general fund, and
shall be available for expenditure pursuant to spending under
any appropriation from that fund for any purpose, including
those referred subject to in subdivision 8 9.
Subd. 8. [APPROPRIATION AND ACCOUNTING FOR PAYMENT OF
CERTIFICATES AND COSTS EXPENSES FROM THE GENERAL FUND.] The
principal of and interest and premium, if any, on all
certificates of indebtedness issued hereunder, and all expenses
incidental to the sale, guaranty of sale, placement, printing,
execution, authorization, registration, and delivery thereof,
including but not limited to actual and necessary travel and
subsistence expenses of state officers and employees, and costs
arising from lines of credit obtained with respect to
outstanding debt shall be paid from the general fund and shall
be included in the computation of current cash flow requirements
and of amounts available for allotment pursuant to
appropriations, and The amounts necessary needed for these the
purposes in this subdivision are appropriated and must be paid
from the general fund. These appropriations are irrevocable and
shall not be canceled. They must be included in the computation
of current cash flow requirements and of amounts available for
allotment. The purposes of the appropriations are:
(1) payment of the principal of and interest and premium,
if any, on all certificates when due;
(2) actual and necessary travel and subsistence expenses of
state officers and employees and other expenses incidental to
the sale or placement, printing, execution, and delivery of
certificates; and
(3) costs of lines of credit.
Subd. 9. [PRIORITY OF CERTIFICATE PAYMENTS; CONVENANTS.]
(a) The proceeds of certificates of indebtedness issued in whole
or in part to refund outstanding certificates and interest as
authorized in the constitution are available only for that
purpose until the refunded certificates and interest are paid.
(b) The commissioner of finance may enter into a covenant
by order, on behalf of the state, for the security of the
holders of any certificates of indebtedness, for the segregation
of, to segregate cash and cash equivalent assets in a special
account within the general fund for the payment of interest,
principal, and premium, if any, in the amounts and at the times
in advance of the due dates that the commissioner determines to
be advisable for the state in marketing the certificates of
indebtedness, and to take action required act under section
16A.15, subdivision 1, to enable the performance of perform the
covenant. The amount in the account is available only to pay
the principal of and interest and premium, if any, on the
certificates referred to in the order.
Subd. 9 10. [BIENNIAL CASH DEFICIENCY COVENANT TO REFUND.]
If cash and cash equivalent amounts held assets in the general
fund on the date on which any certificates of indebtedness come
due, in excess of the amount of outstanding warrants then
outstanding, are is not sufficient to pay all such any
certificates of indebtedness and any or interest when due
thereon, the deficiency may be paid by the issuance of, the
commissioner may issue refunding certificates of indebtedness
maturing not later than December 1 in the ensuing next calendar
year to pay the deficiency. The commissioner, With the approval
of the governor, the commissioner may enter into a covenant on
behalf of the state that such, in the order issuing any
certificates, to offer refunding certificates of indebtedness
will be offered for sale in the event if a deficiency is
anticipated expected.
Subd. 11. [CONSTITUTIONAL TAX LEVY.] If cash and cash
equivalent amounts held assets in the general fund in excess of
the amount of outstanding warrants, on December 1 immediately
following the close of the a biennium, in excess of warrants
then outstanding, are is not sufficient to pay:
(1) all such refunding certificates of indebtedness and any
;
(2) all other certificates of indebtedness outstanding at
the end of the biennium and not refunded, with; and
(3) all interest then accrued thereon, on the certificates
referred to in clauses (1) and (2);
the state auditor shall levy upon all taxable property in the
state a the tax required by the constitution, article XI,
section 6, collectible in the ensuing next calendar year and
sufficient to pay the same all amounts described in clauses (1),
(2), and (3) on or before December 1 in the ensuing collection
year with interest to the date or dates of payment.
Sec. 38. Minnesota Statutes 1983 Supplement, section
16A.672, is amended to read:
16A.672 [BONDS AND CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [GENERAL AUTHORITY.] Notwithstanding any
contrary provision of other law, The commissioner of finance and
the state treasurer shall have the powers specified in this
section with respect to the issuance, form, execution, delivery,
registration of transfer and exchange, and payment of may issue,
execute, deliver, register, and pay bonds and certificates of
indebtedness heretofore or hereafter in the form and manner
provided in this section, when authorized to be issued or issued
by the state under section 16A.641 or 16A.671.
Subd. 2. [FORM OF OBLIGATIONS APPLICATION OF COMMERCIAL
CODE.] The bonds or certificates of indebtedness may be issued
in bearer form with interest coupons attached, with or without
provision for registration as to principal only, or in fully
registered form, in one or more denominations, and with
provisions for conversion of form, exchange of denominations,
and transfer of ownership as prescribed by the commissioner of
finance. All bonds and certificates of indebtedness, when
issued according to orders of the commissioner of finance, shall
be are securities within the meaning of under sections 336.8-101
to 336.8-408, and. The commissioner of finance and the state
treasurer may do on behalf of for the state all acts and things
which are permitted or required of issuers of securities
whatever may or must be done under those sections 336.8-101 to
336.8-408 and are consistent to comply with the orders
authorizing them. The bonds or certificates may be issued:
(1) in one or more denominations;
(2) in bearer form, with interest coupons attached; and
(3) with provision for registration as to principal only;
or
(4) in fully registered form; and
(5) with provision for registration of conversion and
exchange of forms and denominations, transfer of ownership, and
replacement of lost or damaged bonds.
Subd. 3. [PREPARATION AND EXECUTION.] The (a) Bonds or
and certificates of indebtedness may be printed, lithographed,
or otherwise reproduced in the style and form the commissioner
prescribes, but the form shall. They may state in a general way
the purpose for which they are issued and the security provided
for their payment or may incorporate the authorizing order by
reference.
Subd. 3. [EXECUTION OF OBLIGATIONS.] The bonds and
certificates of indebtedness shall (b) They must be executed by
the commissioner of finance and attested by the state treasurer
under their official seals. Facsimile The signatures and seals
of either or both of these officers may, as the commissioner of
finance deems appropriate, be printed, lithographed, stamped,
engraved, or otherwise reproduced. Every facsimiles, but no
bond and or certificate issued, whether initially or upon
transfer, exchange, or replacement, shall be is valid for any
purpose unless it is manually signed on its face by one of these
officers, the commissioner or treasurer or by a duly authorized
representative of a bank or trust company designated named by
order of the commissioner of finance, whether at or after the
time of initial issue, as registrar or otherwise as an agent of
the state to authenticate it.
Subd. 4. [DELIVERY OF OBLIGATIONS.] The commissioner of
finance may appoint name a bank or trust company within or
outside in or out of the state to act as delivery the state's
agent on behalf of the state, and to deliver the bonds or
certificates of indebtedness to the initial purchaser upon
payment therefor of the purchase price.
Subd. 5. [REGISTRAR.] The commissioner of finance, in the
order for the issuance of to issue any bonds or certificates of
indebtedness, may designate name a corporate registrar to
perform on behalf of act for the state the duties of a registrar
as set forth in under sections 336.8-101 to 336.8-408, including
but not limited to authentication and delivery and to
authenticate and deliver obligations upon initial issuance and
upon registration of transfer, exchange, or conversion into
another form. Any The registrar shall must be an incorporated
bank or trust company, within or outside in or out of the state,
authorized by the laws of the United States or of the state in
which it is located to perform these duties.
Subd. 6. [PAYMENT OF OBLIGATIONS.] The order authorizing
the issuance of any bonds or certificates of indebtedness to be
issued may provide for the payment of principal and interest in
the manner and by the means contain provisions that the
commissioner deems considers necessary to ensure full and prompt
payment of principal and interest when due, and. The order may
provide for the payment at the office of a bank or trust company
within or outside in or out of the state. In the case of fully
registered bonds or certificates of indebtedness, The order may
provide that the interest coming due on any interest payment
date shall be is payable to the person or entity who is shown as
the registered owner on of the bond or certificate in the
register on a specified date preceding the interest payment
date, by check, draft, or other transfer to the order of the
registered that owner.
Subd. 7. [AGREEMENTS.] The commissioner of finance may
enter into make agreements containing terms which are necessary
or desirable to carry out the authority given him in this
section, pursuant to applicable orders of the commissioner
issued under this section. The agreements may provide for the
payment of compensation paying for services to be performed and
expenses to be incurred on behalf of the state, and may provide
for their payment from the:
(1) proceeds of the bonds or certificates of indebtedness,
or from;
(2) other money appropriated to the commissioner of
finance, or from;
(3) charges to be imposed on the holders of the bonds or
certificates of indebtedness,; or from
(4) a combination of these sources in clauses (1), (2), and
(3).
Subd. 8. [APPROPRIATIONS.] As much of The proceeds of the
bonds or certificates as necessary is under subdivision 7 are
appropriated for this purpose as necessary to pay expenses
incurred under that subdivision.
Subd. 8 9. [APPROPRIATION.] There is appropriated annually
to the commissioner of finance from the general fund in the
state treasury an amount of The money sufficient needed to pay
when due all the compensation and expenses due to of registrars,
delivery agents, and paying agents for state bonds and
certificates of indebtedness under the terms of agreements
entered into according to subdivision 7 is appropriated annually
to the commissioner from the general fund.
Subd. 9 10. [APPROVAL BY ATTORNEY GENERAL.] No An
agreement described in under subdivision 7 shall become is not
effective until it has been approved as to form and execution by
the state attorney general or his designee.
Subd. 10 11. [REGISTRATION DATA PRIVATE NOT PUBLIC
INFORMATION.] All Information contained in any register
maintained by the state treasurer or a corporate registrar with
respect to the of ownership of state bonds or certificates of
indebtedness constitutes is nonpublic data as defined in under
section 13.02, subdivision 9, or private data on individuals as
defined in under section 13.02, subdivision 12. The information
is not public and is accessible open only to the individual,
corporation, or other entity which is the subject of it, except
as disclosure:
(a) (1) is necessary for the performance of the duties of
the registrar, the state commissioner of finance, the state
treasurer, or the state legislative auditor, to perform a duty;
or
(b) (2) is requested by an authorized representative of the
state commissioner of revenue or, the state attorney general, or
of the United States commissioner of internal revenue of the
United States for the purpose of ascertaining to determine the
application of any estate, inheritance, or other a tax,; or
(c) (3) is required under section 13.03, subdivision 4.
Sec. 39. Minnesota Statutes 1982, section 16A.675, is
amended to read:
16A.675 [BONDS AND NOTES; NONLIABILITY OF INDIVIDUALS
PERSONS EXECUTING OBLIGATIONS NOT LIABLE.]
Neither the commissioner of finance nor any No officer or
other person executing state bonds or notes shall be
certificates is liable personally on the bonds or notes or be
subject to any personal liability them or accountability
accountable by reason of the issuance of issuing them.
Sec. 40. Minnesota Statutes 1982, section 85A.04,
subdivision 3, is amended to read:
Subd. 3. [ZOO GIFT STORE CONCESSION ACCOUNT.] A working
capital concession account is established for the gift store of
the Minnesota zoological garden. Concessions are the sale of
all goods and services other than admissions, parking, food
concessions, and equipment rentals. All concession receipts
from the gift store operation shall be deposited in the state
treasury and credited to the account and are appropriated for
the purposes of the gift store concession operations. Gift
store Concession expenses, including inventory, personnel costs,
space rental, and overhead, shall be paid from the account. The
unencumbered balance in the account on June 30 of each year in
excess of the value of the inventory of the gift store on June
30, 1981 shall be calculated and disbursed as follows: For the
periods years ending June 30, 1982, and June 30, 1983, the
entire amount net income from concession operations reported on
the income statement in the Minnesota zoological garden annual
financial report shall be transferred to the general fund;. For
the year ending June 30, 1984, and each year thereafter, the
amount attributable to the period July 1, 1982, to June 30,
1983, shall be transferred to the general fund and the remainder
net income shall be retained by the zoological garden. Any The
amount so retained shall be dedicated to is appropriated for
capital improvements at the zoological garden and are
appropriated for that purpose. If improvements or expansions
are planned for the gift store operation to be paid with gift
store receipts, the plan must be first approved by the governor
after receiving the recommendation of the legislative advisory
commission. The board shall include a report on the capital
improvements in the report required by section 85A.02,
subdivision 12.
Sec. 41. Minnesota Statutes 1982, section 115.03,
subdivision 1, is amended to read:
Subdivision 1. The agency is hereby given and charged with
the following powers and duties:
(a) To administer and enforce all laws relating to the
pollution of any of the waters of the state;
(b) To investigate the extent, character, and effect of the
pollution of the waters of this state and to gather data and
information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification
of the waters of the state as it may deem advisable;
(c) To establish and alter such reasonable pollution
standards for any waters of the state in relation to the public
use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the
pollution of waters of the state, chapter 116;
(d) To encourage waste treatment, including advanced waste
treatment, instead of stream low-flow augmentation for dilution
purposes to control and prevent pollution;
(e) To adopt, issue, reissue, modify, deny, or revoke,
enter into or enforce reasonable orders, permits, variances,
standards, regulations, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order
to prevent, control or abate water pollution, or for the
installation or operation of disposal systems or parts thereof,
or for other equipment and facilities;
(1) Requiring the discontinuance of the discharge of
sewage, industrial waste or other wastes into any waters of the
state resulting in pollution in excess of the applicable
pollution standard established under this chapter;
(2) Prohibiting or directing the abatement of any discharge
of sewage, industrial waste, or other wastes, into any waters of
the state or the deposit thereof or the discharge into any
municipal disposal system where the same is likely to get into
any waters of the state in violation of this chapter and, with
respect to the pollution of waters of the state, chapter 116, or
standards or regulations promulgated or permits issued pursuant
thereto, and specifying the schedule of compliance within which
such prohibition or abatement must be accomplished;
(3) Prohibiting the storage of any liquid or solid
substance or other pollutant in a manner which does not
reasonably assure proper retention against entry into any waters
of the state that would be likely to pollute any waters of the
state;
(4) Requiring the construction, installation, maintenance,
and operation by any person of any disposal system or any part
thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing
disposal system or any part thereof, or the adoption of other
remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any
person;
(5) Establishing, and from time to time revising, standards
of performance for new sources taking into consideration, among
other things, classes, types, sizes, and categories of sources,
processes, pollution control technology, cost of achieving such
effluent reduction, and any non-water quality environmental
impact and energy requirements. Said standards of performance
for new sources shall encompass those standards for the control
of the discharge of pollutants which reflect the greatest degree
of effluent reduction which the agency determines to be
achievable through application of the best available
demonstrated control technology, processes, operating methods,
or other alternatives, including, where practicable, a standard
permitting no discharge of pollutants. New sources shall
encompass buildings, structures, facilities, or installations
from which there is or may be the discharge of pollutants, the
construction of which is commenced after the publication by the
agency of proposed regulations prescribing a standard of
performance which will be applicable to such source.
Notwithstanding any other provision of the law of this state,
any point source the construction of which is commenced after
May 20, 1973 and which is so constructed as to meet all
applicable standards of performance for new sources shall,
consistent with and subject to the provisions of section 306(d)
of the Amendments of 1972 to the Federal Water Pollution Control
Act, not be subject to any more stringent standard of
performance for new sources during a ten-year period beginning
on the date of completion of such construction or during the
period of depreciation or amortization of such facility for the
purposes of section 167 or 169, or both, of the Federal Internal
Revenue Code of 1954, whichever period ends first. Construction
shall encompass any placement, assembly, or installation of
facilities or equipment, including contractual obligations to
purchase such facilities or equipment, at the premises where
such equipment will be used, including preparation work at such
premises;
(6) Establishing and revising pretreatment standards to
prevent or abate the discharge of any pollutant into any
publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal
system;
(7) Requiring the owner or operator of any disposal system
or any point source to establish and maintain such records, make
such reports, install, use, and maintain such monitoring
equipment or methods, including where appropriate biological
monitoring methods, sample such effluents in accordance with
such methods, at such locations, at such intervals, and in such
a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;
(8) Notwithstanding any other provision of this chapter,
and with respect to the pollution of waters of the state,
chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in
order to meet any applicable water quality standard by
establishing new effluent limitations, based upon section
115.01, subdivision 5, clause (b), including alternative
effluent control strategies for any point source or group of
point sources to insure the integrity of water quality
classifications, whenever the agency determines that discharges
of pollutants from such point source or sources, with the
application of effluent limitations required to comply with any
standard of best available technology, would interfere with the
attainment or maintenance of the water quality classification in
a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall
hold a public hearing to determine the relationship of the
economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the
affected community or communities, to the social and economic
benefits to be obtained and to determine whether or not such
effluent limitation can be implemented with available technology
or other alternative control strategies. If a person affected
by such limitation demonstrates at such hearing that, whether or
not such technology or other alternative control strategies are
available, there is no reasonable relationship between the
economic and social costs and the benefits to be obtained, such
limitation shall not become effective and shall be adjusted as
it applies to such person;
(9) Modifying, in its discretion, any requirement or
limitation based upon best available technology with respect to
any point source for which a permit application is filed after
July 1, 1977 upon a showing by the owner or operator of such
point source satisfactory to the agency that such modified
requirements will represent the maximum use of technology within
the economic capability of the owner or operator and will result
in reasonable further progress toward the elimination of the
discharge of pollutants.;
(f) To require to be submitted and to approve plans and
specifications for disposal systems or point sources, or any
part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;
(g) To prescribe and alter rules and regulations, not
inconsistent with law, for the conduct of the agency and other
matters within the scope of the powers granted to and imposed
upon it by this chapter and, with respect to pollution of waters
of the state, in chapter 116, provided that every rule or
regulation affecting any other department or agency of the state
or any person other than a member or employee of the agency
shall be filed with the secretary of state;
(h) To conduct such investigations, issue such notices,
public and otherwise, and hold such hearings as are necessary or
which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters
of the state, under chapter 116, including, but not limited to,
the issuance of permits, and to authorize any member, employee,
or agent appointed by it to conduct such investigations or,
issue such notices and hold such hearings;
(i) For the purpose of water pollution control planning by
the state and pursuant to the Federal Water Pollution Control
Act, as amended, to establish and revise planning areas, adopt
plans and programs and continuing planning processes, including,
but not limited to, basin plans and areawide waste treatment
management plans, and to provide for the implementation of any
such plans by means of, including, but not limited to,
standards, plan elements, procedures for revision,
intergovernmental cooperation, residual treatment process waste
controls, and needs inventory and ranking for construction of
disposal systems;
(j) To train water pollution control personnel, and charge
such fees therefor as are necessary to cover the agency's
costs. All such fees received shall be paid into the state
treasury and credited to the water pollution control training
fund of the agency, from which the agency shall have the power
to make disbursements to pay expenses relating to such training;
(k) To impose as additional conditions in permits to
publicly owned disposal systems appropriate measures to insure
compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic
pollutants, and any system of user charges ratably as is hereby
required under state law or said Federal Water Pollution Control
Act, as amended, or any regulations or guidelines promulgated
thereunder; and
(l) To set a period not to exceed five years for the
duration of any National Pollutant Discharge Elimination System
permit; and
(m) To require a governmental subdivision that owns or
operates a wastewater disposal system to have a plan to address
its ability to pay the costs of making major repairs to the
existing system and planning and constructing an adequate
replacement system at the end of the existing system's expected
useful life.
Sec. 42. Minnesota Statutes 1982, section 116.16,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] In this section and section
sections 116.17 and 116.18:
(1) Agency means the Minnesota pollution control agency
created by this chapter;
(2) Municipality means any county, city, and town, the
metropolitan waste control commission established in chapter 473
and the metropolitan council when acting under the provisions of
that chapter or an Indian tribe or an authorized Indian tribal
organization, and any other governmental subdivision of the
state responsible by law for the prevention, control, and
abatement of water pollution in any area of the state;
(3) Pollution control fund means the Minnesota state water
pollution control fund created by subdivision 1;
(4) Bond account means the Minnesota state water pollution
control bond account created in the state bond fund by section
116.17, subdivision 4;
(5) Terms defined in section 115.01 have the meanings
therein given them;
(6) The eligible cost of any municipal project, except as
otherwise provided in clause clauses (7) and (8), includes (a)
preliminary planning to determine the economic, engineering, and
environmental feasibility of the project; (b) engineering,
architectural, legal, fiscal, economic, sociological, project
administrative costs of the agency and the municipality, and
other investigations and studies; (c) surveys, designs, plans,
working drawings, specifications, procedures, and other actions
necessary to the planning, design, and construction of the
project; (d) erection, building, acquisition, alteration,
remodeling, improvement, and extension of disposal systems; (e)
inspection and supervision of construction; and (f) all other
expenses of the kinds enumerated in section 475.65.
(7) For state grant purposes hereunder, the eligible cost
for grant applicants shall be the eligible cost as determined by
the United States environmental protection agency under the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1314,
et seq.
(8) Notwithstanding clause (7), for state grants under the
state independent grants program, the eligible cost includes the
acquisition of land for stabilization ponds and the provision of
reserve capacity sufficient to serve the reasonable needs of the
municipality for 20 years in the case of treatment works and 40
years in the case of sewer systems. Notwithstanding clause (7),
for state grants under the state independent grants program, the
eligible cost does not include the provision of collector sewers
as defined in agency rules, the provision of service to seasonal
homes, or cost increases from contingencies that exceed three
percent of as-bid costs or cost increases from unanticipated
site conditions that exceed an additional two percent of as-bid
costs.
Sec. 43. Minnesota Statutes 1982, section 116.16,
subdivision 4, is amended to read:
Subd. 4. [DISBURSEMENTS.] Disbursements from the fund
shall be made by the state treasurer upon order of the
commissioner of finance at the times and in the amounts
requested by the agency in accordance with the applicable state
and federal laws and regulations and the state appropriation
acts law governing such disbursements; except that no
appropriation or loan of state funds for any project shall be
disbursed to any municipality until and unless the agency has by
resolution determined the total estimated cost of the project,
and ascertained that financing of the project is assured by:
(1) A grant to the municipality by an agency of the federal
government within the amount of funds then appropriated to that
agency and allocated by it to projects within the state; or
(2) A grant of funds appropriated by state law; or
(3) A loan authorized by state law; or
(4) The appropriation of proceeds of bonds or other funds
of the municipality to a fund for the construction of the
project; or
(5) Any or all of the means referred to in paragraphs (1)
to (4); and
(6) An irrevocable undertaking, by resolution of the
governing body of the municipality, to use all funds so made
available exclusively for the construction of the project, and
to pay any additional amount by which the cost of the project
exceeds the estimate, by the appropriation to the construction
fund of additional municipal funds or the proceeds of additional
bonds to be issued by the municipality; and
(7) Conformity of the project and of the loan or grant
application with the state water pollution control plan as
certified to the federal government and with all other
conditions under applicable state and federal laws and
regulations law for a grant of state or federal funds of the
nature and in the amount involved.
Sec. 44. Minnesota Statutes 1982, section 116.16,
subdivision 5, is amended to read:
Subd. 5. [RULES.] (a) The agency shall promulgate
permanent rules and may promulgate temporary rules for the
administration of grants and loans authorized to be made from
the fund or from federal funds under the Federal Water Pollution
Control Act, as amended, which rules, however, shall not be
applicable to the issuance of bonds by the commissioner of
finance as provided in section 116.17. The rules shall contain
as a minimum:
(1) procedures for application by municipalities;
(2) conditions for the administration of the grant or loan;
(3) criteria for eligibility the ranking of projects in
order of priority for grants or loans, including those specified
in subdivision 6 based on factors including the extent and
nature of pollution, technological feasibility, assurance of
proper operation, maintenance and replacement, and participation
in multi-municipal systems; and
(4) such other matters as the agency and the director find
necessary to the proper administration of the grant program.
(b) Except as otherwise provided in sections 116.16 to
116.18, the rules for the administration of state independent
grants must comply, to the extent practicable, with provisions
relating directly to protection of the environment contained in
the Federal Water Pollution Control Act, as amended, and
regulations and guidelines of the United States environmental
protection agency promulgated under the act, except provisions
regarding allocation contained in section 205 of the act and
regulations and guidelines promulgated under section 205 of the
act. This provision does not require approval from federal
agencies for the issuance of grants or for the construction of
projects under the state independent grants program.
Sec. 45. Minnesota Statutes 1982, section 116.16,
subdivision 9, is amended to read:
Subd. 9. [APPLICATIONS.] Applications by municipalities
for grants or loans from the fund shall be made to the director
of the agency on forms requiring information prescribed by rules
of the agency. The director shall certify to the agency those
applications which appear to meet the criteria set forth in
sections 116.16 to 116.18 and the rules promulgated hereunder,
and the agency shall award grants or loans on the basis of the
criteria and priorities established in its rules and in sections
116.16 to 116.18. A municipality that is designated under
agency rules to receive state or federal funding for a project
and that does not make a timely application for or that refuses
the funding is not eligible for either state or federal funding
for that project in that fiscal year or the subsequent year.
Sec. 46. Minnesota Statutes 1982, section 116.16, is
amended by adding a subdivision to read:
Subd. 9a. [SUBSEQUENT GRANTS.] A municipality awarded a
final grant of funding for a project under the program
established by the 1972 Federal Water Pollution Control Act
amendments or the state independent grants program is not
eligible for additional funding to replace that project under
the federal program or the state program, unless the funding is
necessary as a result of subsequent changes in state water
quality standards, effluent limits, or technical design
requirements, or for a municipality awarded the final grant
before October 1, 1984, if the funding is necessary for the
provision of increased capacity.
Sec. 47. Minnesota Statutes 1982, section 116.18, as
amended by Laws 1983, chapter 301, section 117, is amended to
read:
116.18 [WATER POLLUTION CONTROL FUNDS; APPROPRIATIONS AND
BONDS.]
Subdivision 1. [APPROPRIATION FROM THE FUND.] The sum of
$155,000,000 $167,000,000, or so much thereof as may be
necessary, is appropriated from the Minnesota state water
pollution control fund in the state treasury to the pollution
control agency, for the period commencing on July 23, 1971 and
ending June 30, 1985, to be granted and disbursed to
municipalities and agencies of the state in aid of the
construction of projects conforming to section 116.16, in
accordance with the rules, priorities, and criteria therein
described. Except as otherwise provided in this subdivision and
in subdivision 2, these state funds shall be expended at 15 per
centum of the eligible cost of construction and shall be
expended only
Subd. 2. [STATE MATCHING GRANTS PROGRAM ENDING SEPTEMBER
30, 1984.] (a) For projects tendered, by September 30, 1984, a
grant of federal funds under section 201(g), section 202,
section 203 or section 206(f) of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1314 et seq. United States
Code, title 33, sections 1251 to 1376, at 75 per centum of the
eligible cost for construction of the treatment works, state
money appropriated under subdivision 1 must be expended at 15
percent of the eligible cost of construction, except as
otherwise provided in this subdivision; provided, that not less
than ten percent of the cost shall be paid by the municipality
or agency constructing the project. In the event that a
municipality is tendered federal and state grants in a
percentage cumulatively exceeding 90 per centum of the eligible
cost of construction, the state pollution control agency shall
reduce the grant to the municipality under this chapter to the
extent necessary to assure that not less than ten percent of the
cost shall be paid by the municipality. It is the purpose of
this appropriation that a grant of state funds for each project
approved in each of the fiscal years ending June 30, 1971
through 1985, shall be made in an amount not less than that
required in federal law and regulations as a condition for the
grant of federal funds for the project and for all other water
pollution control projects for which federal grants are
allocated in the same year, in the maximum amount permissible
under law and regulations.
Notwithstanding any other provision, the agency may, in its
discretion, and after consideration of the amount of state funds
required to match federal funds, make a grant of state funds not
exceeding 15 per centum to a municipality that would qualify for
a grant of federal funds but desires to initiate construction of
a project without a federal grant. The agency may limit the
scope and eligible cost of the project.
(b) If a municipality is tendered a grant of federal funds
under section 201, paragraph (g), section 202, section 203 or
section 206, paragraph (f) of the Federal Water Pollution
Control Act, as amended, 33 U.S.C. 1314 et seq. United States
Code, title 33, sections 1251 to 1376, at 85 percent of the
eligible cost for construction of treatment works utilizing
innovative or alternative wastewater treatment processes and
techniques, state funds shall be expended at nine percent of the
eligible cost of construction; provided, that not less than six
percent of the eligible cost of construction shall be paid by
the municipality or agency constructing the project. In the
event that a municipality is tendered federal and state grants
in a percentage cumulatively exceeding 94 percent of the
eligible cost of construction, the state pollution control
agency shall reduce the grant to the municipality under this
chapter to the extent necessary to assure that the municipality
receives no more than 94 percent of the eligible cost of
construction.
Subd. 2. [ADDITIONAL PURPOSES OF APPROPRIATION.] (c) If
the pollution control agency, acting in accordance with section
116.16, subdivision 4 and rules promulgated by the agency
establishing criteria for financial hardship cases, determines
that the prevention, control, and abatement of water pollution
and the public health of the state requires the construction of
a project by a municipality or agency that is unable to provide
10 percent of the eligible cost thereof, the funds appropriated
in subdivision 1 may be expended to reduce or eliminate its
contribution to the eligible cost.
Subd. 2a. [STATE MATCHING GRANTS PROGRAM BEGINNING OCTOBER
1, 1984.] For projects tendered, on or after October 1, 1984, a
grant of federal money under section 201(g), section 202, 203,
or 206(f) of the Federal Water Pollution Control Act, as
amended, United States Code, title 33, sections 1251 to 1376, at
55 percent or more of the eligible cost for construction of the
treatment works, state money appropriated under subdivision 1
must be expended for up to 15 percent of the eligible cost of
construction for municipalities for which the construction would
otherwise impose significant financial hardship; provided, that
not less than 25 percent of the eligible cost must be paid by
the municipality or agency constructing the project. If a
municipality is tendered federal and state grants in a
percentage cumulatively exceeding 75 percent of the eligible
cost of construction, the state pollution control agency shall
reduce the grant to the municipality under this chapter to the
extent necessary to ensure that not less than 25 percent of the
eligible cost will be paid by the municipality. The amounts of
the matching grants must be based on per connection capital
cost, median household income, and per capita adjusted assessed
valuation.
Subd. 3a. [STATE INDEPENDENT GRANTS PROGRAM.] (a) The
agency may award independent grants for projects for 50 percent
or, if the agency requires advanced treatment, 65 percent of the
eligible cost of construction. The agency may award independent
grants for up to an additional 15 percent or, if the agency
requires advanced treatment, up to an additional ten percent of
the eligible cost of construction to municipalities for which
the construction would otherwise impose significant financial
hardship; the amounts of the additional grants shall be based on
per connection capital cost, median household income, and per
capita adjusted assessed valuation. These grants may be awarded
in separate steps for planning and design in addition to actual
construction. Not more than 20 percent of the total amount of
grants awarded under this subdivision in any single fiscal year
may be awarded for projects for the control of combined sewer
overflow as defined by federal regulation. Until December 31,
1990, not more than 20 percent of the total amount of grants
awarded under this subdivision in any single fiscal year may be
awarded to a single grantee.
(b) Up to ten percent of the money to be awarded as grants
under this subdivision in any single fiscal year shall be set
aside for municipalities having substantial economic development
projects that cannot come to fruition without municipal
wastewater treatment improvements. The agency shall forward its
municipal needs list to the commissioner of energy and economic
development at the beginning of each fiscal year, and the
commissioner shall review the list and identify those
municipalities having substantial economic development
projects. After the first 90 percent of the total available
money is allocated to municipalities in accordance with agency
priorities, the set-aside shall be used by the agency to award
grants to remaining municipalities that have been identified.
(c) Grants may also be awarded under this subdivision to
reimburse municipalities willing to proceed with projects and
apply to be reimbursed in the subsequent year conditioned upon
appropriation of sufficient money under subdivision 1 for that
year. The maximum amount of the reimbursement the agency may
commit in any single fiscal year is equal to the amount newly
appropriated under subdivision 1 for that year.
Subd. 4. [BOND AUTHORIZATION.] For the purpose of
providing money appropriated in subdivision 1 for expenditure
from the Minnesota state water pollution control fund through
grants to municipalities and agencies of the state for the
acquisition and betterment of public land, buildings, and
improvements of a capital nature needed for the prevention,
control, and abatement of water pollution, the commissioner of
finance is authorized upon request of the pollution control
agency to sell and issue Minnesota state water pollution control
bonds in the amount of $144,000,000 $156,000,000, in the manner
and upon the conditions prescribed in section 116.17 and in the
Constitution, Article XI, Sections 4 to 7. The proceeds of the
bonds, except as provided in section 116.17, subdivision 5, are
appropriated and shall be credited to the Minnesota state water
pollution control fund. The amount of bonds issued pursuant to
this authorization shall not exceed at any time the amount
needed to produce a balance in the water pollution control fund
equal to the aggregate amount of grants then approved and not
previously disbursed, plus the amount of grants to be approved
in the current and the following fiscal year, as estimated by
the pollution control agency.
Subd. 5. [FEDERAL AND OTHER FUNDS.] All federal and other
funds made available for any purpose of the water pollution
control fund are also appropriated to that fund.
Subd. 6. [CONTINUANCE OF APPROPRIATIONS.] None of the
appropriations made in this section shall lapse until the
purpose for which it is made has been accomplished or
abandoned. The amount of each grant approved for disbursement
from the water pollution control fund shall be and remain
appropriated for that purpose until the grant is fully disbursed
or part or all thereof is revoked by the pollution control
agency.
Sec. 48. Minnesota Statutes 1983 Supplement, section
116J.926, subdivision 3, is amended to read:
Subd. 3. [MUNICIPAL OBLIGATION.] A loan shall not be made
to a municipality until it has entered into an agreement with
the state providing that the municipality shall make payments of
principal and interest at least equal in the aggregate to the
principal amount of the loan plus interest at the rate payable
on the state bonds. The annual amounts of the payments shall be
determined by the commissioner of finance, and need not coincide
with the principal and interest payments on the bonds. However,
the amounts due each year shall be payable prior to the times
transfers are required to be made pursuant to section 16A.65
16A.641. The agreement shall obligate the municipality to levy
an ad valorem property tax equal to the amounts necessary to
make the payments. The amount required to be levied may be
reduced by any other available amounts contained in a special
fund dedicated to payment of the loan obligation.
Sec. 49. Minnesota Statutes 1982, section 136.40,
subdivision 6, is amended to read:
Subd. 6. [APPROPRIATIONS TO STATE UNIVERSITY BOND
ACCOUNT.] All loan payments to be deposited in the state bond
fund in accordance with subdivision 2 shall be credited to the
state university bond account therein. In order to reduce the
amount of taxes otherwise required to be levied, in accordance
with section 16A.65 16A.641, there shall also be transferred to
the state university bond account from the general fund in the
state treasury, on November 1 in each year, a sum of money
sufficient in amount, when added to the balance then on hand
therein, to pay all Minnesota state university bonds and
interest thereon due and to become due to and including July 1
in the second ensuing year. All money so credited and all
income from the investment thereof is annually appropriated for
the payment of such bonds and interest thereon, and shall be
available in the state university bond account prior to the levy
of the tax in any year required by the Constitution, Article 11,
Section 7. The legislature may also appropriate to the state
university bond account any other moneys in the state treasury
not otherwise appropriated, for the security of Minnesota state
university bonds in the event that sufficient money should not
be available in the account from the sources herein
appropriated, prior to the levy of such tax in any year. The
commissioner of finance and treasurer are directed to make the
appropriate entries in the accounts of the respective funds.
Sec. 50. Minnesota Statutes 1982, section 475A.03,
subdivision 1, is amended to read:
Subdivision 1. The governing body of any municipality,
upon compliance with the terms of sections 475A.01 to 475A.06
and approval of the commissioner of finance may, after July 1,
1971 and before May 1, 1984, include in general obligation bonds
of the municipality issued for the purpose of providing funds
for acquisition to acquire or betterment of to better public
lands and buildings and other public improvements of a capital
nature, or bonds issued to refund guaranteed bonds, the
following statement or such modification thereof consistent with
sections 475A.01 to 475A.06 as the secretary shall prescribe:
The payment of this bond and the interest thereon is
secured by the state municipal bond guaranty fund in accordance
with the Minnesota municipal debt service aid law.
The bonds may also include the designation "secured by the
state municipal bond guaranty fund", and the notice of sale of
such bonds may include a reference to such guaranty.
Sec. 51. Minnesota Statutes 1982, section 475A.05,
subdivision 1, is amended to read:
Subdivision 1. For the purpose of providing money to be
loaned to municipalities for the acquisition to acquire and
betterment of to better public lands and buildings and other
public improvements of a capital nature, when needed to pay the
principal of or interest on bonds issued for this purpose, or
bonds issued to refund such guaranteed bonds, the municipal bond
guaranty loan fund is created as a separate bookkeeping account
in the general books of account of the state. All proceeds of
state bonds credited to this fund, all amounts transferred from
the general fund, all guaranty fees received, and all repayments
of principal and interest on loans made from the fund are
appropriated for construction and other permanent improvement
and shall be available until the purposes for which the
appropriation was made have been accomplished, except that at
any time when the balance on hand in the state municipal bond
guaranty fund exceeds ten percent of the principal amount of all
then outstanding bonds secured by the fund, the state may
reappropriate to the general fund the balance in excess of this
amount.
Sec. 52. Minnesota Statutes 1982, section 475A.05, is
amended by adding a subdivision to read:
Subd. 1a. [GENERAL FUND APPROPRIATION.] In order to
eliminate the need to sell Minnesota state municipal aid bonds,
there is annually appropriated from the general fund to the
commissioner of finance for transfer to the municipal bond
guaranty loan fund the amounts needed to meet the state's
obligations under sections 475A.01 to 475A.06, not to exceed a
total of $4,330,000. This subdivision does not prevent the sale
of state municipal aid bonds to the extent that the amount
available for transfer from the general fund is not sufficient
to meet all the state's obligations under sections 475A.01 to
475A.06.
Sec. 53. Minnesota Statutes 1982, section 475A.06,
subdivision 7, is amended to read:
Subd. 7. The commissioner of finance is authorized to sell
and issue Minnesota state municipal aid bonds in an aggregate
principal amount not to exceed $20,000,000 $4,330,000, the
proceeds of which, except as provided in subdivision 1, are
appropriated to the state municipal bond guaranty fund for the
purpose of providing funds to be loaned to municipalities for
the acquisition and betterment of public lands and buildings and
other public improvements of a capital nature, when needed to
pay the principal of or interest on bonds issued for this
purpose or bonds issued to refund such guaranteed bonds, in
accordance with the provisions of sections 475A.01 to 475A.06.
The bonds shall be sold, issued, and secured as provided in
subdivisions 1 to 6 and in Article XI, Section 7 of the
Constitution.
Sec. 54. Laws 1983, chapter 344, section 6, subdivision 8,
is amended to read:
Subd. 8. Split Rock Baptism River
Rest Area 620,000
Sec. 55. [REPEALER.]
Minnesota Statutes 1982, sections 16A.63; 16A.64, as
amended by Laws 1983, chapter 301, sections 94 and 95; 16A.65;
and 116.16, subdivisions 6 and 7; and Laws 1981, chapter 275;
Laws 1981, chapter 334, section 11, subdivision 4; Laws 1982,
chapter 639, section 5, are repealed.
Sec. 56. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Approved April 26, 1984
Official Publication of the State of Minnesota
Revisor of Statutes