Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 643-H.F.No. 218
An act relating to public administration; authorizing
spending to acquire and to better public land and
buildings and other public improvements of a capital
nature with certain conditions; authorizing issuance
of bonds; requiring payment for debt service; reducing
certain earlier project authorizations and
appropriations; establishing a library planning task
force; providing for appointments; appropriating
money, with certain conditions; amending Minnesota
Statutes 1992, sections 16A.641, subdivision 8;
16A.85, subdivision 1; 16B.24, subdivision 1; 16B.305,
subdivision 2; 85.015, subdivision 4; 103G.005, by
adding a subdivision; 103G.511; 103G.521, subdivision
1; 103G.535; 116.162, subdivision 2; 124.494,
subdivisions 3, 4, 5, and 6; 135A.06, subdivision 4;
136.651; 167.51, subdivision 1; and 471.191,
subdivision 1; Minnesota Statutes 1993 Supplement,
sections 16B.335, by adding subdivisions; 85.019, by
adding a subdivision; 124.494, subdivisions 1, 2, and
4a; and 136.261, subdivisions 1 and 1; Laws 1993,
chapter 373, section 18; proposing coding for new law
in Minnesota Statutes, chapters 16A; 16B; 84; 116J;
124C; 134; 135A; 216C; 268; and 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CAPITAL IMPROVEMENTS APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies or officials indicated, to be spent to
acquire and to better public land and buildings and other public
improvements of a capital nature, as specified in this act.
SUMMARY
ADMINISTRATION $ 47,526,000
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 5,163,000
AMATEUR SPORTS COMMISSION 3,119,000
MILITARY AFFAIRS 366,000
FINANCE 5,500,000
CORRECTIONS 72,953,000
HUMAN SERVICES 47,550,000
VETERANS HOMES BOARD 10,630,000
TECHNICAL COLLEGES 45,505,000
COMMUNITY COLLEGES 36,945,000
STATE UNIVERSITIES 57,250,000
UNIVERSITY OF MINNESOTA 68,700,000
EDUCATION 40,304,000
TRANSPORTATION 58,016,000
HOUSING FINANCE AGENCY 2,500,000
JOBS AND TRAINING 2,600,000
LABOR INTERPRETIVE CENTER 750,000
MINNESOTA HISTORICAL SOCIETY 7,035,000
PUBLIC SERVICE 4,000,000
TRADE AND ECONOMIC DEVELOPMENT 4,900,000
MINNESOTA TECHNOLOGIES, INC. 400,000
NATURAL RESOURCES 58,917,000
POLLUTION CONTROL AGENCY 23,401,000
PUBLIC FACILITIES AUTHORITY 13,400,000
BOARD OF WATER AND SOIL RESOURCES 9,800,000
MINNESOTA ZOOLOGICAL GARDEN 21,500,000
BOND SALE EXPENSES 628,000
TOTAL $649,358,000
Bond Proceeds Fund 573,383,000
Maximum Effort School Loan Fund 2,967,000
Transportation Fund 45,000,000
Trunk Highway Fund 27,492,000
General Fund 516,000
APPROPRIATIONS
$
Sec. 2. ADMINISTRATION
Subdivision 1. To the
commissioner of administration
for purposes specified in this section 47,526,000
Subd. 2. Capital Asset
Preservation and Replacement (CAPRA) 10,150,000
This appropriation is for unanticipated
emergencies of a capital nature,
projects to remove life safety hazards,
elimination or containment of hazardous
substances, and replacement and repair
of roofs, windows, and other capital
assets in accordance with Minnesota
Statutes, section 16A.632. This
appropriation is available for use at
state facilities throughout the state.
The commissioner shall give all state
agencies, other than higher education
systems, higher education board, and
University of Minnesota an opportunity
to apply for money for urgently needed
projects under this appropriation. The
commissioner shall determine project
priorities as appropriate based upon
need.
Up to $250,000 of the money
appropriated in subdivisions 2 and 3
may be used as necessary to acquire
land or interests in land within the
capitol area as defined in Minnesota
Statutes, section 15.50.
Subd. 3. Statewide Building Access 11,500,000
For improvements of a capital nature to
remove barriers and make state-owned
buildings, programs, and services
accessible to individuals with
disabilities, including compliance with
federal ADA guidelines. The
commissioner shall determine project
priorities as appropriate based upon
need. In determining project
priorities, the commissioner must give
lower priority to projects in
facilities which the state intends to
demolish, sell, or abandon within five
years.
Subd. 4. Transportation
Building Phase III 13,416,000
To continue life safety renovation at
the transportation building in the
basement and on the ground, third,
fourth, fifth, and sixth floors. This
renovation is to include new heating,
ventilation, and air conditioning
systems, elevators, lighting, windows,
and raised floors.
This appropriation is from the trunk
highway fund.
Account balances from previous
appropriations for earlier phases of
this continuing project may be used for
phase III.
Subd. 5. Agency Relocation 1,060,000
This appropriation is from the trunk
highway fund for the partial relocation
of the department of transportation.
Subd. 6. Health Building
Predesign 400,000
For predesign of a new health building
and parking ramp in the capitol complex
area in St. Paul.
Subd. 7. Military Affairs
Facility Predesign 100,000
Subd. 8. Install Security Lighting
and Surveillance Equipment 400,000
To proceed with the installation of
capitol area security and surveillance
equipment of a capital nature.
Subd. 9. Electric Utility
Infrastructure 600,000
To improve and upgrade the utility
infrastructure in the capitol complex
area through installation of a third
switchgear.
Subd. 10. Lake Superior Center
Authority 4,000,000
To the commissioner of administration
for a grant to the Lake Superior center
authority for costs to design,
construct, furnish, and equip the
center.
Use of this appropriation is contingent
upon the authority obtaining matching
funds of $8,000,000 from federal and
other nonstate sources.
Subd. 11. Southwest Minnesota
Public Television 1,200,000
This appropriation is for a grant to
Murray county to construct a
noncommercial television tower to
enable Pioneer Public Television to
provide broadcast services to
southwestern Minnesota, subject to new
Minnesota Statutes, section 16A.695.
The appropriation is available only as
matched by an equal amount from
nonstate sources.
Subd. 12. Hopkins Performing Arts Center 500,000
This appropriation is for a grant to
the city of Hopkins to acquire and
better a performing arts center,
subject to new Minnesota Statutes,
section 16A.695.
This appropriation is not available
until the commissioner has determined
that the necessary additional financing
to complete a $3,100,000 project has
been committed by nonstate sources.
Subd. 13. St. Louis County
Heritage and Arts Center 750,000
This appropriation is for a grant to
St. Louis county to construct an
addition to the St. Louis county
heritage and arts center in Duluth,
subject to new Minnesota Statutes,
section 16A.695.
This appropriation is available only as
matched by $2 of nonstate money for
every $1 of state money.
Subd. 14. Minnesota
Children's Museum 1,250,000
This appropriation is for a grant to
the city of St. Paul to acquire and
better a children's museum as
authorized by section 81, subject to
new Minnesota Statutes, section 16A.695.
This appropriation is not available
until the commissioner has determined
that the necessary financing to
complete the project has been committed
by nonstate sources.
Subd. 15. Science Museum of
Minnesota 1,000,000
This appropriation is for a grant to
the city of St. Paul to plan and design
a science museum as authorized by
section 81, subject to new Minnesota
Statutes, section 16A.695.
This appropriation is not available
until the city of St. Paul has
delivered to the commissioner a
certified copy of a resolution of the
city of St. Paul requesting payment and
evidencing the commitment of the city
to make a city-owned riverfront site
available for the museum at no cost to
the nonprofit organization that will
operate the museum and the commissioner
has determined that the necessary
financing to complete the design of the
museum has been committed by nonstate
sources.
Subd. 16. Gillette Renovation For
Humanities Commission 1,200,000
To the commissioner of administration
for a grant to the city of St. Paul for
renovation of the Gillette Hospital
west wing for use by the Minnesota
Humanities Commission to operate its
educational programs as authorized by
section 72.
Sec. 3. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD
Subdivision 1. To the capitol area architectural
and planning board for the purposes specified
in this section 5,163,000
Subd. 2. Restore and Renovate
Capitol Building Exterior 5,000,000
To the commissioner of administration
to renovate and improve the capitol
including reroofing, repair of the roof
balustrade, and Quadriga restoration.
No more than $35,000 of this
appropriation is to the capitol area
architectural and planning board for
design review fees.
Subd. 3. Capitol Building Exterior
Maintenance Manual 65,000
This appropriation is from the general
fund.
$65,000 of the unencumbered balance of
the appropriation in Laws 1988, chapter
686, article 1, section 6, paragraph
(j), is canceled to the general fund.
Subd. 4. Renovate and Improve
Security of Attorney General's Office 98,000
Sec. 4. AMATEUR SPORTS COMMISSION
Subdivision 1. To the amateur
sports commission for the purposes
specified in this section 3,119,000
Subd. 2. National Sports
Center Parking Expansion 119,000
To the amateur sports commission to
construct 500 additional parking spaces
at the national sports center in
Blaine. All of the debt service costs
on the bonds sold to finance this
project must be paid by the national
sports center to the commissioner of
finance as required by Minnesota
Statutes, section 16A.643, but the
first payment need not be made until
three years after construction is
completed.
Subd. 3. John Rose Memorial
Oval Speedskating Facility 500,000
To the city of Roseville to complete
construction of the John Rose memorial
oval speedskating facility in
consultation with the amateur sports
commission, contingent on the receipt
of $500,000 in matching funds from
other sources.
Subd. 4. Indoor National Shooting
Sports Center 2,500,000
This appropriation is to construct an
indoor national shooting sports center
at any site in the taconite tax relief
area as defined in Minnesota Statutes,
section 273.134.
The appropriation in Laws 1990, chapter
610, article 1, section 25, paragraph
(b), for a grant to construct an indoor
national shooting sports center at
Giant's Ridge in Biwabik, is canceled
to the state bond fund.
Sec. 5. MILITARY AFFAIRS 366,000
To the adjutant general to renovate
kitchen facilities at national guard
training and community centers in
Anoka, Camp Ripley, Chisholm, Cloquet,
Detroit Lakes, Grand Rapids, Hibbing,
Litchfield, Marshall, and St. James.
Sec. 6. FINANCE
Defease Prior Local Bonds 5,500,000
$2,600,000 is for a grant to the city
of Minneapolis to be used, together
with such other money of the city as
may be necessary, to pay and redeem or
defease $2,600,000 principal amount of
bonds issued by the city to finance
construction of the Great River Road
under Laws 1988, chapter 686, article
1, section 14, item (k).
$2,900,000 is for a grant to the city
of St. Paul to be used, together with
such other money of the city as may be
necessary, to pay and redeem or defease
$2,900,000 principal amount of bonds
issued by the city to finance capital
improvements at the Como Park
conservatory under Laws 1988, chapter
686, article 1, section 14, item (l).
The commissioner of finance may propose
additional conditions on the use and
investment of the proceeds as may be
necessary in his judgment to ensure
that the interest on the state bonds
issued to fund this appropriation is
exempt from federal income taxation.
Sec. 7. CORRECTIONS
Subdivision 1. To the
commissioner of administration or
another named commissioner for
the purposes specified in this section 72,953,000
Subd. 2. Minnesota Correctional
Facility-Faribault
(a) Add 300 medium
security beds 10,000,000
This appropriation includes new
construction, demolition, and
renovation of a capital nature of the
hospital and Poppy, Alpine, Oak,
Sierra, Fern, and Rose buildings and
related security improvements of a
capital nature. Until all the clients
of the Faribault regional center are
discharged, the Minnesota correctional
facility-Faribault shall give
preference to the Faribault regional
center employees in recruiting,
training, and hiring for new Minnesota
correctional facility-Faribault
positions created by the 300-bed
expansion.
(b) Rehabilitate facilities 832,000
This appropriation is to renovate
Rogers building to meet fire codes and
remove hazardous materials, erect a
section of security fence by the
hospital building, replace inadequate
heating systems in Maple and Cedar
living units, and construct internal
roads.
Subd. 3. Minnesota Correctional
Facility-Lino Lakes
(a) Add 485 adult male beds 10,444,000
This appropriation is to remodel B
building from an industries building to
living units, construct two new living
units, and upgrade security and support
service areas.
(b) Education Building 182,000
This appropriation is to improve and
expand the Lino Lakes facility's school
building.
$182,000 of the appropriation in Laws
1992, chapter 558, section 9,
subdivision 4, to infill the area
between buildings G and F1 at the
MCF-Lino Lakes is canceled to the state
bond fund.
Subd. 4. Minnesota Correctional
Facility-Moose Lake 19,000,000
This appropriation is to complete the
conversion of the Moose Lake regional
treatment center into a medium security
prison housing up to 620 inmates. This
includes relocation of state highway
289, purchase of an emergency
generator, upgrading the elevators to
meet fire codes, securing stairways and
tunnels, and major repair or
replacement of ceilings, windows,
exterior doors, and the electrical
distribution system.
This appropriation is added to the
appropriation in Laws 1993, chapter
373, section 8, subdivision 2, and the
maximum total cost of the facility is
increased from $25,800,000 to
$28,600,000.
Subd. 5. Minnesota Correctional
Facility-Red Wing
(a) Construct 30-bed facility 2,700,000
This appropriation is to construct,
furnish, and equip a new 30-bed
residential facility for the secure
detention of violent and juvenile
offenders until they are able to
control their behavior in an open
campus environment.
(b) Replace emergency generators 315,000
Subd. 6. Minnesota Correctional
Facility-Shakopee 80,000
This appropriation is to predesign a
new 60-bed living unit and support
areas at Minnesota correctional
facility-Shakopee.
Subd. 7. Minnesota Correctional
Facility-Stillwater
(a) Education complex and C annex 4,500,000
This appropriation is to convert the
auditorium building into an education
complex and convert C annex into a
library with interview rooms for
inmates.
(b) Industry buildings 1,700,000
This appropriation is to renovate
existing facilities and to construct,
furnish, and equip industry buildings.
This includes renovation of a capital
nature of the farm machinery building,
cordage warehouse, and foundry building.
Subd. 8. Thistledew Education
Building 1,200,000
This appropriation is to construct,
furnish, and equip an education
building at Thistledew Camp to serve 48
students.
Subd. 9. Close Custody Facility 2,000,000
This appropriation is for predesign and
design development for a new 800-bed
close custody facility in or near the
Twin Cities metropolitan area.
Subd. 10. Juvenile Detention Facilities
Construction Grants 16,565,000
To the commissioner of corrections for
grants to counties for construction of
secure juvenile detention and treatment
facilities, as provided in section 79.
Of this amount, $1,250,000 is for
detention facilities that provide
culturally sensitive programming for
male and female juveniles in Hennepin
and Ramsey counties.
Subd. 11. Northwestern Minnesota Juvenile
Training Center Supplemental Grant 3,435,000
To the commissioner of corrections for
a grant to Beltrami county as fiscal
agent for the northwestern Minnesota
juvenile training center, to design,
construct, equip, and furnish a
juvenile detention and treatment
facility.
Sec. 8. HUMAN SERVICES
Subdivision 1. To the
commissioner of administration for
purposes specified in this section 47,550,000
Subd. 2. Homes for State-Operated
Waiver Services (SOCS) 8,835,000
$6,135,000 is to purchase and remodel,
or construct up to 43 four-bed homes
for purposes of state-operated waiver
services programs for developmentally
disabled individuals at various
locations throughout the state.
$2,700,000 of this appropriation is for
a contingency to acquire and better
additional four-bed homes for purposes
of state-operated waiver services
programs for developmentally disabled
individuals under the terms of future
negotiated downsizing of regional
treatment centers under the ten-year
plan.
Debt service costs on the bonds sold to
finance this project must be paid to
the commissioner of finance in
accordance with Minnesota Statutes,
section 16A.643, from group residential
housing fees charged and collected by
the commissioner of human services
under Minnesota Statutes, chapter 256I.
Subd. 3. Metro Area
Predischarge Program 1,500,000
To purchase two 16-bed apartment
complexes in the Twin Cities
metropolitan area for state-operated
predischarge programs for persons with
mental illness.
Subd. 4. Anoka Metro Regional
Treatment Center
Consolidate and restructure campus 37,000,000
To construct, remodel, furnish, and
equip new residential, program, and
ancillary service facilities for the
Anoka metro regional treatment center.
This includes construction for 150
psychiatric hospital beds, ancillary
service facilities, and site
improvements.
For this project the commissioner will
use plans and designs previously
developed for a psychiatric hospital at
Fergus Falls regional treatment center
to the maximum extent possible.
Subd. 5. St. Peter Regional Treatment
Center
Air Condition Tomlinson Hall 215,000
To upgrade the ventilation and air
conditioning of Tomlinson Hall so it
can be utilized year round.
Sec. 9. VETERANS HOMES BOARD
Renovate Minneapolis veterans home 10,630,000
(a) This appropriation is to the
commissioner of administration.
(b) This campus renovation project
includes money for:
(1) renovation of building 6 to skilled
nursing care standards;
(2) renovation of building 9 to board
and care standards;
(3) renovation of buildings 1, 2, and 4
to current health care standards;
(4) renovation of the Minnehaha Creek
bridge;
(5) creation of a new campus entrance
and adaption of the building 17
entrance;
(6) demolition of building 7 and
improvements to the road system for
circulation and access to all
buildings;
(7) renovation of building 16 to board
and care standards; and
(8) campuswide asbestos removal, road
upgrading, installation and integration
of fire alarms, improved exterior
lighting, power plant upgrades, and
federal Americans with Disabilities Act
improvements.
(c) This appropriation represents 35
percent of the estimated cost of the
renovation project.
The Minnesota veterans homes board must
apply for the federal money needed to
complete this project. The
commissioner of administration shall
receive the federal money and use the
money to complete the project. The
total appropriation may be spent for
this renovation project before the
federal money for the project is
received, but the project must not be
started until enough federal or other
money has been committed to complete it.
Sec. 10. TECHNICAL COLLEGES
Subdivision 1. To the state board of
technical colleges for the purposes
specified in this section 45,505,000
Notwithstanding Minnesota Statutes,
section 475.61, subdivision 4, the
state board of technical colleges may
approve a request by a local school
board to use any unobligated balance in
the technical college debt redemption
fund to pay the district's share of
construction projects authorized in
this section.
In contracting for projects funded in
this section, the state board must not
restrict its access to litigation or
limit its methods of redress to
arbitration or other nonjudicial
procedures.
Notwithstanding Minnesota Statutes,
section 136C.44, during the biennium
the state board of technical colleges
must not make grants to school
districts but shall directly supervise
and control the preparation of plans
and specifications to construct, alter,
or enlarge the technical college
buildings, structures, and improvements
provided for in this section.
During the biennium, the state 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.
During the biennium, the state board
may delegate the authority provided in
this section to the campus president
for repair and replacement projects
with a total cost of less than $50,000,
if the state board determines that the
projects can be efficiently managed at
the campus level.
Plans must be paid for out of this
appropriation. The remainder of the
appropriation must not be spent until
the board has secured suitable plans
and specifications, prepared by a
competent architect or engineer. The
plans and specifications must be
accompanied by a detailed statement of
the cost, quality, and description of
all material and labor required for the
completion of the work. No plan may be
adopted, and no improvement made or
building constructed, that contemplates
the expenditure for its completion of
more money than the appropriation for
it, unless otherwise provided in this
act.
The state board may delegate
responsibilities to technical college
staff.
Subd. 2. Higher Education
Asset Preservation and Renewal 8,838,000
This appropriation must be spent in
accordance with new Minnesota Statutes,
section 135A.046.
State appropriations for parking
repairs under this subdivision must not
be used for more than one-half of the
construction or repair cost at any
campus. The campus must provide the
remaining costs through parking fees.
The state board must report on parking
fees to the chairs of the senate
finance and house ways and means
committees by February 1, 1995.
Subd. 3. Brainerd Technical College 21,300,000
This appropriation is to construct a
joint campus with Brainerd Community
College. The technical college board
must consult with the community college
board throughout the project. This
appropriation is contingent upon the
approval of the independent school
district No. 181 bond referendum to
purchase the current technical college
campus for the appraised value of the
property. The payment for the purchase
of the current technical college is
appropriated for this project.
This appropriation must not be used for
road construction, except for a loop
road that is used for fire safety
access.
The total additional cost to complete
this project must not exceed
$24,117,000 whether paid from state,
local, or federal money.
Subd. 4. Dakota County Technical College 600,000
This appropriation is to complete the
decision driving course. The total
additional cost to complete the project
must not exceed $1,200,000 whether paid
from state, local, or federal money.
Subd. 5. Duluth Technical College 10,800,000
This appropriation is to remodel and
construct a campus that is integrated
with Duluth Community College center.
The technical college board must
consult with the community college
board throughout the project.
Subd. 6. East Grand Forks Technical College 1,000,000
This appropriation is to complete
additions to the college, including the
medical labs and laboratory equipment,
and student service offices.
Subd. 7. Hibbing Technical College 1,000,000
This appropriation is to prepare
working drawings for a new integrated
technical college attached to the
Hibbing Community College. The new
technical college shall maximize the
current services, space, and programs
of the community college. The public
post-secondary boards shall develop a
master academic plan for the integrated
campus before the development of
working drawings.
Subd. 8. Hutchinson Technical College 380,000
This appropriation is to plan, design,
and prepare working drawings for an
addition to the west side of the campus
for a media library and a child care
center and laboratory, and to prepare
working drawings for an exhibit and
concourse entrance and a center of
excellence for nondestructive testing
technology.
Subd. 9. Northeast Metro Technical College 162,000
To construct a truck driving classroom
support facility.
Subd. 10. Rochester Technical College 1,200,000
This appropriation is to prepare
working drawings for an integrated
campus in accordance with this
subdivision.
(1) Rochester independent school
district No. 535 and the state board of
technical colleges may enter into an
agreement for the sale of the Rochester
Technical College. The sale is
contingent on state board of technical
colleges approval and passage of a
referendum by the voters in Rochester
school district No. 535. The sale
price shall equal the appraised value.
It is the intent of the legislature
that no technical college program
reduction, apart from normal program
review, shall occur as a result of this
sale.
(2) The sale shall not cause the
technical college to lease space or to
move to any temporary site.
(3) Prior to the preparation of design
documents, the post-secondary boards
and the relevant campus staff shall
jointly prepare a master academic plan
for an integrated campus for the
Rochester center facility. The boards
shall consider the creation of a
polytechnic university. Program review
by the higher education coordinating
board shall be done in accordance with
Minnesota Statutes, section 136A.04.
The plan shall be submitted to the
higher education board for approval by
December 1, 1994. If approved, the
plan shall be submitted for review to
the higher education finance divisions
by January 15, 1995. The state board
of technical colleges, in cooperation
with the state board of community
colleges, shall not proceed with
working drawings until after passage of
the referendum and after the master
academic plan has been approved by the
higher education board.
(4) The proceeds from the sale of the
technical college to Rochester
independent school district No. 535,
are appropriated for the planning and
construction necessary to integrate
technical college programs into the
Rochester center and to add or modify
space where necessary. The new
technical college program space must be
attached to and must maximize the
current services, space, and programs
of the technical college, community
college, state university, and
University of Minnesota cooperative
campus. The state board of technical
colleges may not begin construction of
this project until the legislature has
approved the construction plans.
(5) The state board of technical
colleges shall develop a plan to
relocate to the Austin, Faribault, and
other Southeastern Minnesota campuses
all Rochester campus programs that are
not essential to the integrated mission
planned for the Rochester center
facility. This plan must be completed
prior to preparing design documents for
the technical college addition to the
Rochester center.
(6) The state board of technical
colleges shall consider relocating the
horticulture technology program from
the Rochester campus to the Austin
campus of Riverland technical college
before the start of the 1995-1996
academic year.
Subd. 11. St. Cloud Technical College 225,000
This appropriation is to remodel and
construct an addition for classrooms,
labs, and student and staff areas. The
state university and technical college
in St. Cloud shall review the academic
plan for the campus before the
expenditure of this appropriation.
Independent school district No. 742
must spend at least $1,336,000 of local
money for this project.
Subd. 12. St. Paul Technical College
Independent school district No. 625,
St. Paul, may make expenditures and
transfers from its technical college
debt redemption fund as authorized in
this subdivision, notwithstanding
Minnesota Statutes, section 475.61,
subdivision 4. Before making any other
expenditures, the school district must
first pay, redeem, or defease the
entire amount of bond obligations
issued for acquisition and betterment
of the St. Paul technical college.
Thereafter the school district may
spend $834,000 to acquire and better
properties adjacent to the technical
college campus for use for educational
purposes and to plan and design for
remodeling the student services area
and the chemical technology laboratory
and for upgrading the building
automation system at the technical
college. After the $834,000 has been
obligated and when all bond obligations
issued by the school district for the
acquisition and betterment of the St.
Paul technical college have been
redeemed in accordance with their
terms, any amounts escrowed for the
defeasance of those bond obligations,
approximately $310,000, must be
transferred to the district's general
fund and used to reduce the district's
property tax levy.
Sec. 11. COMMUNITY COLLEGES
Subdivision 1. To the state board
for community colleges for the
purposes specified in this section 36,945,000
During the biennium, the state board
for community colleges shall supervise
and control the making of necessary
repairs to all community college
buildings and structures.
During the biennium, the community
college board shall supervise and
control the preparation of plans and
specifications for the construction,
alteration, or enlargement of the
community college buildings,
structures, and improvements for which
appropriations are made to the board.
The 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.
Plans must be paid for out of this
appropriation. The remainder of the
appropriation must not be spent until
the board has secured suitable plans
and specifications, prepared by a
competent architect or engineer. The
plans and specifications must be
accompanied by a detailed statement of
the cost, quality, and description of
all material and labor required for the
completion of the work. No plan may be
adopted, and no improvement made or
building constructed, that contemplates
the expenditure for its completion of
more money than the appropriation for
it, unless otherwise provided in this
act.
In contracting for projects funded in
this section, the state board must not
restrict its access to litigation or
limit its methods of redress to
arbitration or other nonjudicial
procedures.
Subd. 2. Higher Education Asset
Preservation and Renewal 7,000,000
This appropriation must be spent in
accordance with new Minnesota Statutes,
section 135A.046.
Subd. 3. Anoka Ramsey Community College 400,000
This appropriation is to prepare design
documents to remodel and add space to
the campus.
Subd. 4. Cambridge Community College Center 8,000,000
This appropriation is to construct
classrooms, ITV facilities, teaching
laboratories, learning resource center,
campus center, offices, and
institutional services.
Subd. 5. Inver Hills Community College 350,000
This appropriation is to acquire land
and relocate the campus entry road and
to prepare schematic plans for an
addition and remodeling space for
classrooms, a learning resource center,
laboratories, health and physical
education areas, a campus center, and
related space.
Subd. 6. Lakewood Community College 170,000
This appropriation is to prepare
schematic plans for a learning
resources center for joint use with
northeast metro technical college, and
for remodeling of classrooms, labs,
Americans with Disabilities Act
accessible locker and fitness space,
and institutional services. The
appropriation is available only after a
master academic plan has been developed
for the campus and approved by the
higher education board. The master
academic plan shall be developed
jointly with representation from each
of the public post-secondary systems.
Subd. 7. Mesabi Community College 180,000
This appropriation is to prepare
schematic plans to remodel and
construct space for the learning
resources center, labs, classrooms,
student services, campus center, and
institutional services. The
appropriation is available only after a
master academic plan has been developed
for the campus and approved by the
higher education board. The master
academic plan shall be developed
jointly with representation from each
of the public post-secondary systems.
Subd. 8. Minneapolis Community College 375,000
This appropriation is to prepare
working drawings to remodel and
construct new space at the campus. The
appropriation is available only after
an approved master academic plan has
been developed for the campus. The
master academic plan shall be developed
jointly with representation from each
of the public post-secondary systems.
The higher education board shall review
the plan. The appropriation is
available if the higher education board
approves the plan.
Subd. 9. Normandale Community College 10,500,000
This appropriation is to construct and
remodel space for educational programs,
student services and administration,
the campus center, faculty offices, and
institutional services.
Subd. 10. North Hennepin Community College 6,000,000
This appropriation is to plan, design,
remodel, and construct space for
classrooms, labs, student services,
learning resource center, the campus
center, and administrative and related
space.
Subd. 11. Northland Community College
(a) Integrate community college
and technical college 100,000
This appropriation is to prepare
working drawings for remodeling
necessary for the integration of the
community college and the technical
college. The project will begin with
the integration of the student services
area and the learning resources center.
(b) Construct regional multievent
cultural center 3,000,000
This appropriation is to construct a
regional multievent cultural center.
All cities, counties, and school
districts in region 8A, and public
post-secondary education systems shall
cooperate in the construction and joint
use of the facility. Up to $2,000,000
is available immediately for this
project, but the remainder of the money
is not available unless matched by an
equal amount of money or in-kind
contributions from nonstate sources.
The nonstate match added to this
project is in lieu of the debt service
payment assessed to higher education
projects.
Subd. 12. Rainy River Community College
Student Housing 750,000
To the state board for community
colleges to acquire existing facilities
for use as a dormitory or other student
residence at International Falls for
the use and benefit of Rainy River
Community College. The state board for
community colleges or its successor
shall establish, maintain, revise when
necessary, and collect rates and
charges for the use of the student
housing facilities. The rates and
charges must be sufficient, as
estimated by the board, to pay all
expenses of operation and maintenance
of the facilities, and to establish and
maintain the reserve funds that the
board considers necessary for repair,
replacement, and maintenance of the
facilities. The rates and charges
collected are appropriated for these
purposes. Funds and accounts
established in furtherance of these
purposes are not subject to Minnesota
Statutes, section 136.67, subdivision
2, or its successor provision and are
not subject to the budgetary control of
the commissioner of finance. The state
board for community colleges need not
pay debt service for the appropriation
in this subdivision.
Subd. 13. Vermilion Community College 120,000
This appropriation is to prepare
schematic plans to remodel and
construct space for labs, classrooms,
student services, campus center, and
institutional services. The
appropriation is available only after a
master academic plan has been developed
for the campus and approved by the
higher education board. The master
academic plan shall be developed
jointly with representation from each
of the public post-secondary systems.
Sec. 12. STATE UNIVERSITY SYSTEM
Subdivision 1. To the state university
board for the purposes specified in
this section 57,250,000
During the biennium, 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 for which appropriations
are made to the board. The 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.
Plans must be paid for out of this
appropriation. The remainder of the
appropriation must not be spent until
the board has secured suitable plans
and specifications, prepared by a
competent architect or engineer. The
plans and specifications must be
accompanied by a detailed statement of
the cost, quality, and description of
all material and labor required for the
completion of the work. No plan may be
adopted, and no improvement made or
building constructed, that contemplates
the expenditure for its completion of
more money than the appropriation for
it, unless otherwise provided in this
act.
The state university board shall
supervise and control the making of
necessary repairs to all state
university buildings and structures.
In contracting for projects funded in
this section, the state board must not
restrict its access to litigation or
limit its methods of redress to
arbitration or other nonjudicial
procedures.
Subd. 2. Higher Education Assets
Preservation and Restoration 8,900,000
This appropriation must be spent in
accordance with new Minnesota Statutes,
section 135A.046.
Subd. 3. Bemidji State 8,300,000
$8,000,000 is to remodel and expand the
library.
$300,000 is for facility planning. The
state university board and the state
board of technical colleges shall
develop a master academic and
facilities plan for vocational and
academic programs provided by the
Bemidji state university and technical
college to maximize current and new
space and facilities.
Subd. 4. Metro State 12,300,000
To design, rehabilitate, and remodel
buildings A and C and plan to
rehabilitate the attached power plant
upper level. Metro state must not
lease additional space during the
remodeling to accommodate programs and
personnel currently housed in building
C.
Subd. 5. Moorhead State 1,000,000
This appropriation is to acquire land
in the five-block area adjacent to the
campus.
Subd. 6. St. Cloud State
(a) Acquire a new boiler and
related equipment 2,100,000
(b) Construct central chiller facility
and prepare working drawings for a
new library 4,000,000
(c) Acquire land in the six-block area
adjacent to the campus 400,000
Subd. 7. Southwest State 250,000
This appropriation is to complete the
recreational sports building authorized
by Laws 1990, chapter 610, article 1,
section 4, subdivision 6, and is not
available unless matched by an equal
amount from nonstate sources.
Subd. 8. Winona State 20,000,000
This appropriation is to construct a
new library and chiller plant.
Sec. 13. UNIVERSITY OF MINNESOTA
Subdivision 1. To the board of regents
of the University of Minnesota for the
purpose specified in this section 68,700,000
Subd. 2. Higher Education Asset
Preservation and Renewal 15,000,000
This appropriation must be spent in
accordance with new Minnesota Statutes,
section 135A.046.
Subd. 3. Facility Renewal 9,000,000
This appropriation is to repair and
replace capital facilities, including
Johnston Hall, Williamson Hall, and the
civil and mineral engineering building.
Subd. 4. Twin Cities Campus
(a) Archival Research Facility 2,700,000
To design the archival research library
to house all collections, and
university manuscripts, special
collections, and Immigration History
Research Center documents and
collections, and accommodate
collections overflow for university,
state university, private college,
city, county, and regional libraries,
and to house Minitex services. The
facility must include a public viewing
area for display of materials to
educate visitors on the importance of
the archives and their historical
context.
(b) Carlson School of Management 25,000,000
This appropriation is to design and
construct a new facility to house the
Carlson School of Management to provide
space for all teaching, research, and
service activities associated with the
school's academic and community service
programs.
The board of regents must match this
appropriation with a minimum of
$20,000,000 of nonstate money. The
legislature requests the board of
regents to expend nonstate money prior
to expenditure of this appropriation.
(c) Mechanical Engineering 13,000,000
To renovate and reconstruct labs,
classrooms, and offices in the
electrical engineering building. This
appropriation is contingent upon the
commitment of $6,700,000 in nonstate
funds. This appropriation is intended
to complete the project.
Subd. 5. Duluth Medical School 4,000,000
To construct an addition to the medical
school to house laboratories and
support functions.
Subd. 6. Debt Service
The board of regents is not required to
pay any debt service for the
appropriations in this section, except
for the Duluth medical school in
subdivision 5. The matching money
requirements in this section exceed the
one-third debt service requirement.
Sec. 14. EDUCATION
Subdivision 1. To the commissioner
of education, or another named officer,
for the purposes specified in this section 40,304,000
Subd. 2. Center for Arts Education
The appropriations in this subdivision
are to the commissioner of
administration.
Renovate the Beta
dormitory into a recreation center 789,000
Subd. 3. Faribault Academies
The appropriations in this subdivision
are to the commissioner of
administration.
(a) Renovate the east wing of Noyes
hall 1,465,000
This appropriation is to renovate,
furnish, and equip the east wing of
Noyes hall to provide additional
classrooms, library media center, and
office space for support services.
Maintenance employees of the academies
may do the demolition work necessary to
complete this project.
(b) Renovate science classroom 35,000
Subd. 4. Maximum Effort School Loans 2,967,000
To the commissioner of education from
the maximum effort school loan fund to
make capital loans to school districts
as provided in Minnesota Statutes,
sections 124.36 to 124.46.
The commissioner shall review the
proposed plan and budget of the project
and may reduce the amount of the loan
to ensure that the project will be
economical. The commissioner may
recover the cost incurred by the
commissioner for any professional
services associated with the final
review by reducing the proceeds of the
loan paid to the district.
$2,967,000 is for a capital loan to
independent school district No. 707,
Nett Lake.
Subd. 5. Cooperative Secondary Facilities
(a) Atwater, Cosmos, and Grove City 6,000,000
For cooperative secondary facilities
grants under Minnesota Statutes,
sections 124.491 to 124.494.
Notwithstanding Minnesota Statutes,
sections 124.491 to 124.494 to the
contrary, the commissioner of education
shall award a grant of $5,000,000
according to Minnesota Statutes,
section 124.494, subdivision 1, and a
grant of $1,000,000 according to
Minnesota Statutes, section 124.494,
subdivision 4a, to a group of
independent school district Nos. 341,
Atwater; 461, Cosmos; and 464, Grove
City. The group of districts must
enter into a joint powers agreement and
must comply with Minnesota Statutes,
section 124.494, subdivision 6.
Notwithstanding the 180-day requirement
of Minnesota Statutes, section 124.494,
subdivision 5, the joint powers board
must submit the question to the voters
as required in that subdivision between
the effective date of this section and
November 15, 1994.
(b) Reorganized Districts 778,000
For grants to reorganized districts for
remodeling and improving secondary
facilities under Minnesota Statutes,
section 124.494.
Subd. 6. Community Service Centers 1,200,000
For a grant to independent school
district No. 432, Mahnomen, to
construct a community service center at
Nay-Tay-Waush in Mahnomen county on the
White Earth Indian reservation. The
center must be constructed on land
leased to the school district by the
White Earth Band of Chippewa Indians
under a ground lease having an initial
term of at least 20 years and a total
term of at least 40 years, including
renewal options. The school district
must contract with the White Earth Band
to operate the center on behalf of the
school district, subject to new
Minnesota Statutes, section 16A.695.
The center and all the services
provided by the center must be open to
the public. This grant is contingent
on a match of $1,300,000 from the White
Earth Band of Chippewa Indians.
Subd. 7. Metropolitan Magnet Schools 20,000,000
The commissioner of education shall
award grants to groups of qualified
metropolitan school districts under new
Minnesota Statutes, section 124C.498.
Subd. 8. Lakeview School 2,070,000
For a grant to independent school
district No. 518, Worthington, to
acquire land, construct, and equip
three cottages to meet the residential
needs of children attending the
Lakeview school. The commissioner of
education shall not award the grant
until the school district can
demonstrate to the commissioner's
satisfaction that appropriate
department of human services approval,
including licensure, will be granted.
Subd. 9. School Building Accessibility Grants 4,000,000
To the commissioner of education for
grants according to Minnesota Statutes,
sections 124C.71 to 124C.73. Up to
$25,000 of this appropriation is
available to the department of
education for administrative expenses
specifically related to the
disbursement of the grants after grants
from the 1993 appropriation are
distributed to school districts.
Subd. 10. Library Accessibility 1,000,000
To the commissioner of education to
make grants for library accessibility
capital projects under new Minnesota
Statutes, section 134.45.
Sec. 15. TRANSPORTATION
Subdivision 1. To the commissioner
of transportation for the purposes
specified in this section 58,016,000
Subd. 2. Bloomington Ferry Bridge 7,631,000
This appropriation is from the state
transportation fund as provided in
Minnesota Statutes, section 174.50, to
match federal funds to complete
construction of the Bloomington ferry
bridge and approaches.
This appropriation is added to the
appropriation in Laws 1993, chapter
373, section 14, subdivision 2.
Subd. 3. I-494 and U.S. 61 Interchange;
Wakota Bridge; E.I.S. 1,000,000
This appropriation is from the state
transportation fund for the
environmental impact statement and
preliminary engineering to upgrade the
highways I-494 and U.S. 61 interchange
including the Wakota Bridge.
Subd. 4. Local Bridge
Replacement and Rehabilitation 12,445,000
This appropriation is from the state
transportation fund as provided in
Minnesota Statutes, section 174.50, to
match federal funds and to replace or
rehabilitate local deficient bridges.
Political subdivisions may use grants
made under this section to construct or
reconstruct bridges, including:
(1) matching federal-aid grants to
construct or reconstruct key bridges;
(2) paying the costs to abandon an
existing bridge that is deficient and
in need of replacement, but where no
replacement will be made;
(3) paying the costs to construct a
road or street to facilitate the
abandonment of an existing bridge
determined by the commissioner to be
deficient, if the commissioner
determines that construction of the
road or street is more cost-efficient
than the replacement of the existing
bridge; and
(4) paying the costs of preliminary
engineering and environmental studies
authorized under Minnesota Statutes,
section 174.50, subdivision 6a.
Subd. 5. Federal Aid
Demonstration Projects 3,924,000
This appropriation is from the state
transportation fund as provided in
Minnesota Statutes, section 174.50, to
fund the nonfederal matching
requirement for demonstration projects
of Forest Highway 11 in St. Louis and
Lake counties, and County State-Aid
Highway 41 in Nicollet county, and to
fund half of the nonfederal matching
requirement for the interstate
substitution project in Duluth. The
portion of the appropriation for the
Duluth project is contingent upon
payment by local government units of
the remainder of the nonfederal share.
Subd. 6. Light Rail Transit 10,000,000
This appropriation is from the state
transportation fund as provided in
Minnesota Statutes, section 174.50, to
match a $10,000,000 federal grant for
preliminary engineering and final
design of light rail transit in the
central corridor. The project must be
managed by the commissioner of
transportation.
Subd. 7. Transit Capital Improvements 10,000,000
This appropriation is from the state
transportation fund for a grant to the
metropolitan transit commission, or its
successor agency, to acquire, construct
and improve land, buildings, and
related improvements for transit
purposes. None of this appropriation
may be used for light rail transit.
Subd. 8. Trunk Highway
Facility Projects 13,016,000
To the commissioner of transportation
for the purposes specified in this
subdivision. The appropriations in
this subdivision are from the trunk
highway fund.
(a) Installation of automatic
fire sprinkler systems at maintenance
headquarters in Virginia, Owatonna,
and Windom 365,000
(b) Repair, replace, or
construct chemical and salt storage
buildings at 36 department of
transportation locations statewide 1,030,000
(c) Construct, furnish, and
equip a truck enforcement site and
weigh scale in the Albert Lea area
to replace the Lakeville site 886,000
(d) Construct, furnish, and equip
a truck station and maintenance facility
in Hutchinson on a new site to replace
the current facility 897,000
(e) Construct, furnish, and equip a
new truck station on Maryland Avenue
in St. Paul to replace the current
facility 5,440,000
(f) Construct an addition to the
Detroit Lakes welding shop 355,000
(g) Remodel facilities and construct
additions to truck stations in Ely,
Montgomery, and Forest Lake 302,000
(h) Purchase, remodel, and expand
the Minnesota National Guard truck
maintenance facility in Tracy to fit the
needs of a department of transportation
truck station 359,000
(i) Build an unheated equipment
storage building at the Golden Valley
headquarters site 435,000
(j) Construct, furnish, and equip
a truck station in Wadena on a new site
to replace the current facility 527,000
(k) Remodel facility and construct an
addition to the Preston truck station 174,000
(l) Construct, furnish, and equip
class II safety rest areas in Darwin Winter
park, Preston/Fountain vicinity, Pioneer
monument, Camp Release historic monument,
and Lake Shetek 200,000
(m) Land acquisition for new replacement
truck station sites at Illgen City, Rushford,
Gaylord, Madelia, Sherburne, and Litchfield 250,000
(n) Design fees to complete construction
drawings for projects at Windom, Maplewood,
Hastings, central services building, Arden
Hills training center, and Albert Lea
weigh scale 371,000
(o) Construct pole type storage
buildings at department of transportation
locations throughout the state 611,000
(p) Remove asbestos from various
department of transportation buildings
statewide 150,000
(q) Remodel facility and construct an
addition to the Carlton truck station 259,000
(r) Remodel facility and construct
an addition to the Sauk Centre truck station 255,000
(s) Remodel the old Burlington Northern
train depot in Floodwood into a safety
information center and rest area and
phase out the wayside rest at Trunk
Highways 2 and 73 150,000
After completion of the project, the
commissioner of transportation shall
convey the newly remodeled rest area
for no or nominal consideration to the
city of Floodwood, which thereafter
shall operate and maintain it.
(t) The commissioner may use the
balance of funds appropriated by Laws
1985, first special session chapter 15,
section 9, subdivision 6, paragraph
(c), for land acquisition for a weigh
station on interstate highway 94 at
Moorhead to supplement funds
appropriated by Laws of 1989, chapter
269, section 2, subdivision 11,
paragraph (d), for construction of the
Moorhead weigh station.
Sec. 16. HOUSING FINANCE AGENCY
Subdivision 1. To the commissioner
of the housing finance agency for
the purposes specified in this section 2,500,000
Subd. 2. Transitional Housing Loans 1,500,000
To the commissioner of the housing
finance agency for the purpose of
making transitional housing loans,
including loans for housing for
homeless youths, to local government
units authorized under Minnesota
Statutes, section 462A.202, subdivision
2.
Subd. 3. Battered Women's Residences 1,000,000
This appropriation is to acquire and
better five battered women's
residences, two in the seven-county
metropolitan area and three in greater
Minnesota. Grants may be up to
$200,000 for each facility.
At least 25 percent of the total
appropriation under this section must
utilize youthbuild, Minnesota Statutes,
sections 268.361 to 268.367, or other
youth employment and training programs
to do the construction. Eligible
programs must consult with appropriate
labor organizations to deliver
education and training. In making
grants under this section, the
commissioner shall use a request for
proposal process.
Sec. 17. JOBS AND TRAINING
Subdivision 1. To the commissioner
of jobs and training for the
purposes specified in this section 2,600,000
Subd. 2. Early Childhood
Learning Facilities 2,100,000
$100,000 is from the general fund and
must be used to reimburse the bond
proceeds fund for any expenditures made
under Laws 1992, chapter 558, section
10, that the attorney general has
determined are ineligible for bond
proceeds funding under that
appropriation.
$2,000,000 is for grants to state
agencies and political subdivisions to
construct or rehabilitate facilities
for head start or other early childhood
learning programs under new Minnesota
Statutes, section 268.917.
Subd. 3. Truancy and Curfew Centers 500,000
This appropriation is for grants
through the department's community
based services division, youth
programs, for two truancy and curfew
centers, one in Hennepin county and one
in Ramsey county.
At least 25 percent of the total
appropriation under this section must
utilize youthbuild, Minnesota Statutes,
sections 268.361 to 268.367, or other
youth employment and training programs
to do the construction. Eligible
programs must consult with appropriate
labor organizations to deliver
education and training. In making
grants under this section, the
commissioner shall use a request for
proposal process.
Sec. 18. LABOR INTERPRETIVE CENTER BOARD 750,000
To the labor interpretive center board
for design of the labor interpretive
center.
Sec. 19. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. To the Minnesota
historical society for the purposes
specified in this section 7,035,000
Subd. 2. Historic Site
Preservation and Repair 1,775,000
For capital repair, reconstruction, or
replacement at the Jeffers Petroglyphs,
Forest History Center, Lower Sioux
Agency, James J. Hill House, and of the
state's other historic sites and
markers. $25,000 of this appropriation
is from the general fund for fencing at
Stumne mounds. The society shall
determine project priorities as
appropriate based on need.
Subd. 3. Historic Site Permanent
Exhibit Repair and Replacement 350,000
For capital repair or replacement of
exhibits at historic sites throughout
the state. The society shall determine
project priorities as appropriate based
on need. This appropriation is not
available for exhibits at the history
center.
Subd. 4. County and Local
Preservation Projects 500,000
To be allocated to county and local
jurisdictions as matching money for
historic preservation projects of a
capital nature. Grant recipients must
be public entities and must match state
funds on at least an equal basis.
Subd. 5. ISTEA Preservation Grants 950,000
To be allocated to county and local
jurisdictions or the Minnesota
Historical Society as matching money
for federal Intermodal Surface
Transportation Efficiency Act grants.
The society shall determine project
priorities as appropriate based on
historic preservation purposes and need.
Use of the appropriation for the
projects specified is contingent upon
award of federal matching money.
Subd. 6. St. Anthony Falls
Heritage Zone 1,000,000
For grant-in-aid purposes of the St.
Anthony Falls Heritage Board in
accordance with Minnesota Statutes,
section 138.763. Grants may be made
for public improvements of a capital
nature according to the St. Anthony
Falls Heritage Board.
Subd. 7. North West Company
Fur Post Interpretive Center 310,000
To be used for the drawings for the
construction of a visitor center, site
landscaping, and parking area in
accordance with the master plan
developed and approved under the
Outdoor Recreation Act of 1975.
Subd. 8. Battle Point
Historic Site 350,000
For construction of the Battle Point
historic site, preliminary plans for
which were authorized in Laws 1990,
chapter 610, article 1, section 17, and
Laws 1992, chapter 558, section 24,
subdivision 5.
Subd. 9. Museum and Center for
American Indian History 1,100,000
This appropriation is for the Minnesota
historical society to plan, design, and
construct a museum and center for
American Indian history and policy.
The facility shall be located at an
institution of higher education,
selected by the state university board,
which serves a region including the
three most populous Indian
reservations. This appropriation is
not available unless matched by
$1,000,000 from nonpublic sources.
Subd. 10. Sibley House 550,000
$50,000 of this amount is from the
general fund and is for state matching
money for federal Intermodel Surface
Transportation Efficiency Act grants to
restore the Sibley House site in
Mendota.
$500,000 is to stabilize and repair
buildings on the Sibley House site and
to conduct an archaeological study of
the property. This appropriation is
available only after the Sibley House
Association has conveyed the Sibley
House to the state, to be under the
general administration and control of
the Minnesota historical society. The
Minnesota historical society may enter
into a lease or management agreement
with the Sibley House Association under
new Minnesota Statutes, section 16A.695.
Subd. 11. St. Croix Valley
Heritage Center 150,000
This appropriation is for a grant to
the city of Taylors Falls to prepare a
preliminary design for a heritage
center, subject to new Minnesota
Statutes, section 16A.695.
Sec. 20. PUBLIC SERVICE 4,000,000
To the commissioner of finance for the
energy conservation investment loan
program in the department of public
service under Minnesota Statutes,
section 216C.37.
Sec. 21. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. To the commissioner of
trade and economic development for the
purposes specified in this section 4,900,000
Subd. 2. Contamination Cleanup Grants 1,500,000
This appropriation is for contamination
cleanup grants under Minnesota
Statutes, sections 116J.551 to 116J.557.
Subd. 3. Seaway Port Authority
of Duluth Bulk Cargo Facility 1,200,000
This appropriation is for a grant to
the seaway port authority of Duluth to
develop a down-river bulk cargo
handling alternative whereby the seaway
port authority of Duluth will demolish
an existing abandoned grain elevator
facility owned by the seaway port
authority of Duluth and prepare the
site for the handling, storage, care,
and shipment of bulk cargo or other
waterborne freight.
This appropriation is not available
until the seaway port authority of
Duluth and the U.S. Army Corps of
Engineers have advised the commissioner
of trade and economic development that
no further state of Minnesota money
will be required for the upper harbor
cross-channel dredging project
authorized by Laws 1993, chapter 373,
section 25, subdivision 5, the seaway
port authority of Duluth has advised
the commissioner that upper river
deepening will terminate at the Erie
Pier site, and the commissioner of
finance has canceled the unobligated
balance of the 1993 appropriation to
the state bond fund.
Subd. 4. Tourism and Exposition
Centers 2,200,000
For two grants to political
subdivisions for exhibition space for
tourism and exposition centers. One
grant must be for $1,000,000 to the
southwest regional development
commission for the Prairieland Expo
facility to develop construction
planning documents for capital
improvements. This grant is subject to
new Minnesota Statutes, section
16A.695. It is the legislature's
expectation that the commission will
secure a grant from the department of
transportation's intermodal surface
transportation efficiency act funds.
The other grant must be for capital
improvements for a publicly owned
tourism and exposition center selected
by the commissioner and located in
northeastern Minnesota.
Sec. 22. MINNESOTA TECHNOLOGY, INC. 400,000
To Minnesota Technology, Inc., for
capital improvements at the natural
resources research institute, Coleraine
laboratory facility, to match federal
grants.
Sec. 23. NATURAL RESOURCES
Subdivision 1. To the commissioner
of natural resources for the purposes
specified in this section 58,917,000
Subd. 2. Statewide Deferred Renewal 1,400,000
For repair and renovation of department
of natural resources land, buildings,
or other improvements of a capital
nature throughout the state. The
commissioner shall determine project
priorities as appropriate based upon
need.
Up to $50,000 of this appropriation may
be used for improving accessibility at
facilities in the Carlos Avery wildlife
management area that are being leased
to the Wildlife Science Center.
Subd. 3. Underground Storage Tank
Removal and Replacement 1,000,000
To remove and replace state-owned
underground fuel storage tanks that are
subject to related federal
regulations. The commissioner shall
determine project priorities as
appropriate based upon need.
Subd. 4. State Park Building
Rehabilitation 2,000,000
For improvements of a capital nature to
repair, rehabilitate, construct, or add
to state park buildings throughout the
state, according to the management plan
required in Minnesota Statutes, chapter
86A. The commissioner shall determine
project priorities as appropriate based
upon need.
Subd. 5. State Park Building
Development 1,000,000
To construct, furnish, and equip new
facilities in the state park system,
according to the management plan
required in Minnesota Statutes, chapter
86A. This includes shower and toilet
facilities, visitor contact stations,
and storage facilities. The
commissioner shall determine project
priorities as appropriate based upon
need.
Subd. 6. Farmland Wildlife Populations
and Research Center 631,000
To renovate, rehabilitate, demolish,
and construct facilities at the center
and meet accessibility requirements.
To upgrade the sewage system, water
lines, and electrical wiring, and to
provide for chemical storage.
Subd. 7. Forestry Air
Tanker Facilities 368,000
To replace temporary buildings, upgrade
equipment, and construct fuel and fire
retardant spill containment systems at
air tanker bases at Bemidji, Hibbing,
and Brainerd.
$183,000 of this appropriation is for
state funding of the Bemidji site and
is contingent upon commitment of
$200,000 in matching funds from the
United States Bureau of Indian Affairs.
Subd. 8. Hibbing Drill Core
Library and Reclamation
Demonstration Facility 650,000
To expand the division of minerals
drill core library facility and
relocate its reclamation demonstration
facility from Babbit to Hibbing.
The minerals and drill core library
shall include space that will serve as
a public viewing area that will educate
visitors on the geology of Minnesota.
Subd. 9. Lac qui Parle Improvements 500,000
To construct, furnish, and equip
offices and a hunter contact and
education center at the Lac qui Parle
wildlife management area.
The commissioner shall consult with
local residents when selecting a site
for the facility.
Subd. 10. International Wolf Center 750,000
For improvements of a capital nature at
the international wolf center in St.
Louis county. This includes expansion
of the facility for live wolf viewing,
signage improvements, construction of
storage facilities and staging areas,
and parking and site improvements.
Subd. 11. State Park Betterment
and Rehabilitation 1,250,000
To upgrade, repair, or rehabilitate
improvements of a capital nature at
state park facilities throughout the
state including, but not limited to,
campsite improvements, trail
resurfacing, road repair and
resurfacing, parking area improvements,
utility system upgrades, erosion
control, lakeshore stabilization, and
prairie restoration. The commissioner
shall determine project priorities as
appropriate based upon need.
Subd. 12. Well Sealing 500,000
To seal inactive wells on state-owned
land. $276,000 of this appropriation
is from the general fund and is added
to the appropriation made in Laws 1993,
chapter 172, section 5, subdivision 3.
The commissioner shall determine
project priorities as appropriate based
upon need.
Subd. 13. Trail Rehabilitation 1,350,000
To upgrade, repair, or rehabilitate
improvements of a capital nature at
Willard Munger trail, Luce Line trail,
Sakatah Singing Hills trail, and
Northshore trail. Of this amount,
$500,000 is for the completion of the
Sakatah Singing Hills trail.
$150,000 is for the Northshore trail,
and debt service on the bonds sold to
finance this appropriation must be paid
from the snowmobile trails account in
the natural resources fund to the
commissioner of finance as required by
Minnesota Statutes, section 16A.643.
Subd. 14. Dam Improvements 4,100,000
For the emergency repair,
reconstruction, or removal of publicly
owned dams throughout the state. The
commissioner shall determine project
priorities as appropriate based upon
need as provided in Minnesota Statutes,
section 103G.511. Of this
appropriation, $600,000 is for payment
to the metropolitan council for a grant
to the suburban Hennepin regional park
district to replace the walkway at the
Coon Rapids dam.
Work on the Coon Rapids dam must be
done in a manner that enhances the
potential for future development of
hydropower at the site.
Up to $40,000 of this appropriation may
be used for removal of an obstruction
and sediment from the Lac Qui Parle
river in section 22 of Oshkosh
township, Yellow Medicine county.
$100,000 appropriated in Laws 1993,
chapter 373, section 12, subdivision 3,
for the repair of the Stewartville dam,
may be used for the removal of the
Stewartville dam and restoration of the
natural river channel under Minnesota
Statutes, section 103G.511, except that
no local match is required for removal.
Subd. 15. Flood Hazard Mitigation Grants 2,600,000
For the flood hazard mitigation grant
assistance program to local government
units for capital improvements to
prevent or alleviate flood damages to
public lands, facilities, or capital
improvements. The commissioner shall
determine project priorities as
appropriate based upon need as provided
in Minnesota Statutes, section
103F.161. $50,000 is for preliminary
engineering for water retention
projects in Renville county.
Subd. 16. Forestry Roads
and Bridges 300,000
For reconstruction, resurfacing,
replacement, or construction of
improvements of a capital nature to
state forest roads and bridges
throughout the state. The commissioner
shall determine project priorities as
appropriate based upon need.
Subd. 17. Forestry Recreation
Facilities 500,000
For improvements of a capital nature to
rehabilitate, improve, or develop
forestry recreation facilities
throughout the state. The commissioner
shall determine project priorities as
appropriate based upon need.
Subd. 18. RIM Wildlife, Natural
Area and Prairie Bank Improvements 2,000,000
For development, protection, or
improvements of a capital nature to
wildlife management areas, state lands,
scientific and natural areas, and
prairie bank areas throughout the
state. Of this amount, $1,315,000 is
for wildlife management areas and other
state lands, $615,000 is for scientific
and natural areas, and $70,000 is for
prairie bank areas. The commissioner
shall determine project priorities as
appropriate based upon need.
Appropriations must be used for
qualified capital expenditures.
Subd. 19. Metropolitan Council
Regional Parks 10,000,000
This appropriation is for payment by
the commissioner of natural resources
to the metropolitan council. The
commissioner shall transfer the amount
to the metropolitan council upon
receipt of a certified copy of a
council resolution requesting payment.
The appropriation must be used to pay
the cost of acquisition and betterment
by the metropolitan council and local
government units of regional
recreational open space lands in
accordance with the council's policy
plan as provided in Minnesota Statutes,
section 473.315. This appropriation
must not be used for research,
planning, administration, or tax
equivalency payments. This
appropriation may be used for the
purchase of homes only if the purchases
are included in the work program
required by subdivision 30 and they are
expressly approved by the legislative
commission on Minnesota resources.
Subd. 20. Local Recreation Grants 1,400,000
For matching grants to be provided to
local units of government for
acquisition, development, or renovation
of a capital nature of local park and
recreation areas. Recipients must
provide a match of at least one-half of
total eligible project costs. The
commissioner shall make payment to
local units of government upon
receiving documentation of reimbursable
expenditures. The commissioner shall
determine project priorities as
appropriate based upon need.
Of this appropriation, $300,000 is to
provide a grant to Winona county for
the purchase of the scenic vista on
Hiawatha-Appleblossom Scenic Drive in
Winona county. These funds must be
matched on a dollar-for-dollar basis.
$500,000 of this appropriation is for
grants to units of government to
acquire and better natural and scenic
areas under new Minnesota Statutes,
section 85.019, subdivision 4a.
Subd. 21. Trail Acquisition
and Development 4,778,000
For acquisition and betterment of state
trails as specified in Minnesota
Statutes, section 85.015.
This appropriation includes $378,000
for the Northshore trail. Debt service
on the bonds sold to finance the
Northshore trail part of this
appropriation is appropriated and must
be paid from the snowmobile trails
account in the natural resources fund
to the commissioner of finance as
required by Minnesota Statutes, section
16A.643.
Of this appropriation, $100,000 is to
build a nonmotorized trail between the
entrance to Lake Louise State Park and
the city of LeRoy.
The commissioner shall determine all
other project priorities as appropriate
based on need.
Subd. 22. St. Louis River
Land Acquisition 1,200,000
To acquire and preserve undeveloped
lands located along the St. Louis,
Cloquet, and Whiteface rivers.
This and previous appropriations fund
the first phase of a two-phase
acquisition of the lands described. It
is the intent of the legislature to
appropriate money needed to complete
the acquisition of approximately 20,000
acres of blocks of contiguous riparian
lands before July 1, 1996. The
appropriation in this subdivision is
not available until one or more willing
sellers have committed themselves to
making the lands available for purchase
by the state until July 1, 1997.
Subd. 23. RIM Wildlife and Natural
Area Land Acquisition 4,000,000
To acquire land related to wildlife
management areas, scientific and
natural areas, and prairie bank
easements. The commissioner shall
determine project priorities as
appropriate based upon need.
Subd. 24. Water Access Acquisition
and Betterment 350,000
This appropriation is for acquisition
and construction of a multipurpose
access on Lake Minnetonka.
Subd. 25. State Park Acquisition 2,000,000
To acquire from willing sellers private
lands within park boundaries
established by law. The commissioner
shall determine project priorities as
appropriate based upon need.
Subd. 26. Forestry Land Acquisition 250,000
To acquire private lands within
established boundaries of state forests
throughout the state. The commissioner
shall determine project priorities as
appropriate based upon need.
Subd. 27. Lake Superior
Safe Harbors 2,200,000
To develop a new small craft harbor in
Silver Bay or, if a suitable site is
not available in Silver Bay, at another
site determined by the commissioner in
consultation with the North Shore
Management Board. This appropriation
is contingent on receipt of the federal
matching grant.
Subd. 28. Environmental
Learning Centers 11,500,000
This appropriation is to the
commissioner of natural resources to
plan, design, and construct facilities
owned by political subdivisions at
residential environmental learning
centers as provided in this subdivision
and new Minnesota Statutes, section
84.0875.
The appropriations in items (a) through
(e) are available only when the
commissioner has determined that
matching money in the sum of
$17,500,000 has been committed by
nonstate sources.
(a) Long Lake Conservation Center 1,200,000
This appropriation is for a grant to
Aitkin county.
(b) Deep Portage Conservation Reserve 1,470,000
This appropriation is for a grant to
Cass county.
(c) Wolf Ridge Environmental
Learning Center 2,100,000
This appropriation is for a grant to
independent school district No. 381,
Lake Superior.
(d) Northwoods Audubon Center 1,080,000
This appropriation is for a grant to
independent school district No. 2580,
East Central.
(e) Forest Resource Center 1,650,000
This appropriation is for a grant to
independent school district No. 229,
Lanesboro.
If land and improvements in Fillmore
county that were conveyed by the state
to Southern Minnesota Forest Resource
Center under Laws 1990, chapter 452,
section 7, are pledged as security for
a loan to assist with the completion of
this project, the right of reverter
retained by the state is waived in
favor of the lender.
(f) Agassiz Environmental
Learning Center 300,000
This appropriation is for a grant to
the city of Fertile.
(g) Laurentian Environmental
Learning Center 450,000
This appropriation is for a grant to
independent school district No. 621,
Mounds View.
(h) Prairie Woods
Environmental Learning Center 250,000
This appropriation is for a grant to
Kandiyohi county.
(i) Prairie Wetlands
Environmental Learning Center 3,000,000
This appropriation is for a grant to
the city of Fergus Falls.
Appropriations in this subdivision must
be used for qualified capital
expenditures.
Subd. 29. White Oak Fur Post 340,000
To the commissioner of natural
resources for a grant to the city of
Deer River for site improvements and
construction of a campground service
building and education center for the
White Oak Fur Post tourism and
education facility. The facility shall
be owned by the city. The city may
enter into a lease or management
contract with a nonprofit entity under
Minnesota Statutes, section 16A.695,
for operation of the facilities. The
rental amount need not require the
lessee to pay rentals sufficient to pay
debt service on the state bonds issued
to acquire and better the facilities.
Subd. 30. Work Program
The commissioner of natural resources
must submit a work program and
semiannual progress reports in the form
determined by the legislative
commission on Minnesota resources and
request its recommendation before
spending any money appropriated by this
section. The commission's
recommendation is advisory only.
Failure to respond to a request within
60 days after receipt is a negative
recommendation. Work programs
involving land acquisition must include
a land acquisition plan.
Sec. 24. POLLUTION CONTROL AGENCY
Subdivision 1. To the commissioner
of the pollution control agency for the
purposes specified in this section 23,401,000
Subd. 2. Combined Sewer Overflow (CSO) 20,201,000
For the state share of combined sewer
overflow grants under Minnesota
Statutes, section 116.162, to complete
the combined sewer overflow program.
This appropriation includes $5,890,000
for the city of Minneapolis,
$13,970,000 for the city of St. Paul,
and $216,000 for the city of South St.
Paul. This is the final appropriation
for these projects.
This appropriation includes $125,000
for the city of Red Wing.
The city of St. Paul shall use all
revenues derived from its clawback
funding of sewer financing only for
sewer separation projects that directly
result in the elimination of combined
sewer overflow.
Subd. 3. Water Quality
Monitoring System 200,000
To purchase and install ten permanent
water quality monitoring systems to be
located throughout the state at sites
selected by the commissioner.
Subd. 4. Solid Waste Capital
Assistance Program 3,000,000
For state grants to cities, counties,
and solid waste management districts to
finance capital costs related to
construction of publicly owned solid
waste processing facilities, including
resource recovery facilities, under
Minnesota Statutes, sections 115A.49 to
115A.54.
Subd. 5. Eagle Lake Bond Defeasance
Of the amounts transferred to the
public facilities authority under
Minnesota Statutes, section 446A.071,
subdivision 8, $154,000 shall be
transferred and is appropriated to the
commissioner of the pollution control
agency for a grant to the city of Eagle
Lake. The grant must be used to pay,
redeem or defease $154,000 principal
amount of outstanding indebtedness
incurred by the city to pay for an
interceptor connection to the
wastewater treatment plant in the city
of Mankato. This grant is for payment
in the last quarter of fiscal year
1995. The commissioner of finance may
propose further conditions on the use
and investment of the proceeds as may
be necessary to ensure that the
interest on the state bonds issued to
fund this appropriation is exempt from
federal income taxation.
Sec. 25. PUBLIC FACILITIES
AUTHORITY 13,400,000
To the public facilities authority for
state matching money to federal grants
to capitalize the state water pollution
control revolving fund under Minnesota
Statutes, section 446A.07.
Expenditure of this appropriation is
limited to the minimum amount necessary
to match the allotment of federal funds
to Minnesota.
This appropriation must be used for
qualified capital projects.
Sec. 26. BOARD OF WATER AND
SOIL RESOURCES
Subdivision 1. To the board
of water and soil resources for the
purposes in this section 9,800,000
Subd. 2. Redwood 22 Reservoir Project 800,000
For land acquisition and permanent
easements for the Redwood 22 reservoir
project, contingent upon local matching
money of $266,666. These funds are not
intended to be used for construction.
Subd. 3. RIM Conservation Easement
Acquisition 9,000,000
This appropriation is for the purposes
specified in paragraphs (a) to (c).
(a) To acquire conservation easements
from landowners on marginal lands to
protect soil and water quality and to
support fish and wildlife habitat as
provided in Minnesota Statutes, section
103F.515.
(b) To acquire perpetual conservation
easements on existing type 1, 2, and 3
wetlands, adjacent lands, and for the
establishment of permanent cover on
adjacent lands, in accordance with
Minnesota Statutes, section 103F.516.
(c) Up to $300,000 of this
appropriation may be used to establish
and restore wetlands to provide credits
for deposit in the state wetland bank
established under Minnesota Statutes,
section 103G.2242, subdivision 1. The
board may enter into agreements with
local government units and the
commissioner of transportation for this
purpose. An agreement with the
commissioner of transportation may
provide for borrowing or acquiring
existing wetland credits from the
wetland bank established by the
commissioner. Proceeds from the sale
of credits provided under this
paragraph are appropriated to the board
for the purposes of paragraph (b).
Subd. 4. Work Program
The board of water and soil resources
must submit a work program and
semiannual progress reports in the form
determined by the legislative water
commission and request its
recommendation before spending any
money appropriated by subdivisions 4
and 5. The commission's recommendation
is advisory only. Failure to respond
to a request within 60 days after
receipt is a negative recommendation.
Work programs involving land
acquisition must include a land
acquisition plan.
Sec. 27. MINNESOTA ZOOLOGICAL
GARDEN
Subdivision 1. To the board
of the Minnesota zoological garden
for purposes specified in this section 21,500,000
Subd. 2. Marine Education Center 20,500,000
To design, construct, furnish, and
equip a marine education center and
related visitor improvements at the
zoo. This appropriation is intended to
complete the project.
All of the debt service costs on the
bonds sold to finance this project must
be paid from dedicated receipts of the
Minnesota zoological garden to the
commissioner of finance as required by
Minnesota Statutes, section 16A.643.
Subd. 3. Infrastructure
Repair and Maintenance 1,000,000
Sec. 28. BOND SALE EXPENSES 628,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8.
Sec. 29. Laws 1993, chapter 373, section 18, is amended to
read:
Sec. 18. [BOND SALE SCHEDULE.]
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1995, no more
than $457,455,000 $437,000,000 will
need to be transferred from the general
fund to the state bond fund to pay
principal and interest due and to
become due on outstanding state general
obligation bonds. During the biennium,
before each sale of state general
obligation bonds, the commissioner of
finance shall calculate the amount of
debt service payments needed on bonds
previously issued and shall estimate
the amount of debt service payments
that will be needed on the bonds
scheduled to be sold, the commissioner
shall adjust the amount of bonds
scheduled to be sold so as to remain
within the limit set by this section.
The amount needed to make the debt
service payments is appropriated from
the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 30. [BOND SALE AUTHORIZATIONS REDUCED.]
In consideration of capital improvement projects that have
been completed or abandoned and their remaining appropriation
balances canceled by the commissioner of finance, the bond sale
authorizations in the following laws are reduced by the amounts
indicated:
(a) Laws 1980, chapter 564, article VII, section 3 $ 2,500,000
(b) Laws 1987, chapter 400, section 25 240,000
(c) Laws 1989, chapter 300, section 23 895,000
(d) Laws 1990, chapter 610, article 1, section 30 115,000
(e) Laws 1992, chapter 558, section 28 65,000
(f) Laws 1993, chapter 373, section 19 15,000
TOTAL $ 3,830,000
Sec. 31. [BOND SALE AUTHORIZATION.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this act from the bond proceeds fund the
commissioner of finance, on request of the governor, shall sell
and issue bonds of the state in an amount up to $573,385,000 in
the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
Subd. 2. [TRANSPORTATION FUND.] To provide the money
appropriated in this act from the state transportation fund, the
commissioner of finance, on request of the governor, shall sell
and issue general obligation bonds of the state in an amount up
to $45,000,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 16A.631 to
16A.675, and by the Minnesota Constitution, article XI, sections
4 to 7. The proceeds of the bonds, except accrued interest and
any premium received on the sale of the bonds, must be credited
to a bond proceeds account in the state transportation fund.
Subd. 3. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the
money appropriated in this act from the maximum effort school
loan fund, the commissioner of finance, on request of the
governor, shall sell and issue bonds of the state in an amount
up to $2,970,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 16A.631 to
16A.675, and by the Minnesota Constitution, article XI, sections
4 to 7. The proceeds of the bonds, except accrued interest and
any premium received on the sale of the bonds, must be credited
to a bond proceeds account in the maximum effort school loan
fund.
Sec. 32. [16A.115] [RELOCATION REQUESTS.]
An agency request for an appropriation to fund relocation
of all or part of the agency must include a statement of the
cost per square foot of space currently occupied by the affected
part of the agency, and the anticipated cost per square foot of
the space the affected part of the agency will occupy after the
proposed relocation.
Sec. 33. [16A.501] [REPORT ON MATCHING MONEY.]
The commissioner of finance must report annually to the
legislature on the degree to which entities receiving
appropriations of bond proceeds contingent upon obtaining
matching money have been successful in raising that money. The
report must be submitted to the chairs of the house of
representatives ways and means committee and the senate finance
committee by February 1 of each year.
Sec. 34. Minnesota Statutes 1992, section 16A.641,
subdivision 8, is amended to read:
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 nonsalary expenses incidental to the
sale, printing, execution, and delivery of bonds must be paid
from the proceeds. The proceeds are appropriated for this
purpose. Bond proceeds must not be used to pay any part of the
salary of a state employee involved in the sale, printing,
execution, or delivery of the bonds.
(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.
Sec. 35. [HIGHER EDUCATION DEBT SERVICE SHARE.]
Subdivision 1. [HIGHER EDUCATION BOARDS.] The state board
of technical colleges, the state board for community colleges,
the state university board, or their successors shall pay
one-third of the debt service on state bonds sold to finance
projects authorized by this act. Appropriations for higher
education asset preservation and renewal are not subject to the
one-third debt service requirement. After each sale of general
obligation bonds, the commissioner of finance shall notify the
state board of technical colleges, the state board for community
colleges, the state university board, and the higher education
board of the amounts for which each system is assessed of each
year for the life of the bonds.
Subd. 2. [UNIVERSITY OF MINNESOTA.] The board of regents
of the University of Minnesota shall pay one-third of the debt
service on state bonds sold to finance projects authorized by
this act. Appropriations for higher education asset
preservation and renewal are not subject to the one-third debt
service requirement. After each sale of general obligation
bonds, the commissioner of finance shall notify the board of
regents of the amounts assessed for each year for the life of
the bonds.
Subd. 3. [METHOD OF PAYMENT.] The commissioner shall
reduce each system's assessment each year under subdivisions 1
and 2 by one-third of the net income from investment of general
obligation bond proceeds that must be allocated among the
systems in proportion to the amount of principal and interest
otherwise required to be paid by each. Each higher education
system shall pay its resulting net assessment to the
commissioner of finance by December 1 each year. If a higher
education system fails to make a payment when due, the
commissioner of finance shall reduce allotments for
appropriations from the general fund otherwise available to the
system and apply the amount of the reduction to cover the missed
debt service payment. The commissioner of finance shall credit
the payments received from the higher education systems to the
bond debt service account in the state bond fund each December 1
before money is transferred from the general fund under
Minnesota Statutes, section 16A.641, subdivision 10.
Sec. 36. [16A.695] [PROPERTY PURCHASED WITH STATE BOND
PROCEEDS.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "State bond financed property" means property acquired
or bettered in whole or in part with the proceeds of state
general obligation bonds authorized to be issued under article
XI, section 5, clause (a), of the Minnesota Constitution.
(c) "Public officer or agency" means a state officer or
agency, the University of Minnesota, the Minnesota historical
society, and any county, home rule charter or statutory city,
school district, special purpose district, or other public
entity, or any officer or employee thereof.
(d) "Fair market value" means, with respect to the sale of
state bond financed property, the price that would be paid by a
willing and qualified buyer to a willing and qualified seller as
determined by an appraisal of the property, or the price bid by
a purchaser under a public bid procedure after reasonable public
notice.
Subd. 2. [LEASES AND MANAGEMENT CONTRACTS.] (a) A public
officer or agency that is authorized by law to lease or enter
into a management contract with respect to state bond financed
property shall comply with this subdivision.
(b) The lease or management contract may be entered into
for the express purpose of carrying out a governmental program
established or authorized by law and established by official
action of the contracting public officer or agency, in
accordance with orders of the commissioner intended to ensure
the legality and tax-exempt status of bonds issued to finance
the property, and with the approval of the commissioner. A
lease or management contract, including any renewals that are
solely at the option of the lessee, must be for a term
substantially less than the useful life of the property, but may
allow renewal beyond that term upon a determination by the
lessor that the use continues to carry out the governmental
program. A lease or management contract must be terminable by
the contracting public officer or agency if the other
contracting party defaults under the contract or if the
governmental program is terminated or changed, and must provide
for program oversight by the contracting public officer or
agency. Money received by the public officer or agency under
the lease or management contract that is not needed to pay and
not authorized to be used to pay operating costs of the property
must be paid to the commissioner in the same proportion as the
state bond financing is to the total public financing for the
property, deposited in the state bond fund, and used to pay or
redeem or defease bonds issued to finance the property in
accordance with the commissioner's order authorizing their
issuance; the money paid to the commissioner is appropriated for
this purpose.
(c) With the approval of the commissioner, a lease or
management contract between a city and a nonprofit corporation
under section 471.191, subdivision 1, need not require the
lessee to pay rentals sufficient to pay the principal, interest,
redemption premiums, and other expenses when due with respect to
state bonds issued to acquire and better the facilities.
Subd. 3. [SALE OF PROPERTY.] A public officer or agency
shall not sell any state bond financed property unless the
public officer or agency determines by official action that the
property is no longer usable or needed by the public officer or
agency to carry out the governmental program for which it was
acquired or constructed, the sale is made as authorized by law,
the sale is made for fair market value, and the sale is approved
by the commissioner. If any state bonds issued to purchase or
better the state bond financed property that is sold remain
outstanding on the date of sale, the net proceeds of sale must
be applied as follows:
(1) if the state bond financed property was acquired and
bettered solely with state bond proceeds, the net proceeds of
sale must be paid to the commissioner, deposited in the state
bond fund, and used to pay or redeem or defease the outstanding
bonds in accordance with the commissioner's order authorizing
their issuance, and the proceeds are appropriated for this
purpose; or
(2) if the state bond financed property was acquired or
bettered partly with state bond proceeds and partly with other
money, the net proceeds of sale must first be used to pay or
redeem or defease the state bonds as provided in clause (1), and
any excess over the amount needed for that purpose must be
divided in proportion to the shares contributed to its
acquisition or betterment and paid to the interested public and
private entities, and the proceeds are appropriated for this
purpose.
Subd. 4. [RELATION TO OTHER LAWS.] This section applies to
all state bond financed property unless otherwise provided by
law.
Sec. 37. [REPORTS.]
Subdivision 1. [LEASES OR MANAGEMENT CONTRACTS.] A public
officer or agency that has entered into a lease or management
contract with respect to state bond financed property on or
after January 1, 1989, and before the effective date of this act
shall file a report with the commissioner stating the purpose of
the lease or contract, the name and nature of the lessee or
contracting party, the terms of the lease or contract, and the
use or disposition of any money received by the public officer
or agency under the lease or contract.
Subd. 2. [SALES.] A public officer or agency that has sold
state bond financed property on or after January 1, 1989, and
before the effective date of this act shall file a report with
the commissioner stating the reason for sale, the method of
sale, the purchaser, the sale price, and the use or disposition
of the net sale proceeds.
Sec. 38. Minnesota Statutes 1992, section 16A.85,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] The commissioner of
administration may determine, in conjunction with the
commissioner of finance, the personal property needs of the
various state departments, agencies, boards, and commissions and
the legislature of the kinds of property identified in this
subdivision that may be economically funded through a master
lease program and request the commissioner of finance to execute
a master lease. The master lease may be used only to finance
the following kinds of purchases:
(a) The master lease may be used to finance purchases by
the commissioner of administration with money from an internal
services fund.
(b) The master lease may be used to refinance a purchase of
equipment already purchased under a lease-purchase agreement.
(c) The master lease may be used to finance purchases of
large equipment with a capital value of more than $100,000 and a
useful life of more than ten years.
(d) The legislature may specifically authorize a particular
purchase to be financed using the master lease. The legislature
anticipates that this authorization will be given only to
finance the purchase of major pieces of equipment with a capital
value of more than $10,000.
The commissioner of finance may authorize the sale and
issuance of certificates of participation relative to a master
lease in an amount sufficient to fund these personal property
needs. The term of the certificates must be less than the
expected useful life of the equipment whose purchase is financed
by the certificates. The commissioner of administration may use
the proceeds from the master lease or the sale of the
certificates of participation to acquire the personal property
through the appropriate procurement procedure in chapter 16B.
Money appropriated for the lease or acquisition of this personal
property is appropriated to the commissioner of finance to make
master lease payments.
Sec. 39. Minnesota Statutes 1992, section 16B.24,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION AND MAINTENANCE OF BUILDINGS.]
The commissioner is authorized to maintain and operate the state
capitol building and grounds, subject to whatever standards and
policies are set for its appearance and cleanliness by the
capitol area architectural and planning board and the
commissioner under section 15.50, subdivision 2, clause (h), and
the state office building, the judicial center, the jobs and
training buildings in Minneapolis and St. Paul, the state
department of health building, and the surplus property
building, and their grounds, and, when the commissioner
considers it advisable and practicable, any other building or
premises owned or rented by the state for the use of a state
agency. The commissioner shall assign and reassign office space
in the capitol and state buildings to make an equitable division
of available space among agencies. The commissioner shall
regularly update the long-range strategic plan for locating
agencies and shall follow the plan in assigning and reassigning
space to agencies. The plan must include locational and urban
design criteria, a cost-analysis method to be used in weighing
state ownership against leasing of space in specific instances,
and a transportation management plan. If the commissioner
determines that a deviation from the plan is necessary or
desirable in a specific instance, the commissioner shall provide
the legislature with a timely written explanation of the reasons
for the deviation. The power granted in this subdivision does
not apply to state hospitals or to educational, penal,
correctional, or other institutions not enumerated in this
subdivision the control of which is vested by law in some other
agency.
Sec. 40. [16B.241] [COORDINATED FACILITY PLANNING.]
The commissioner of administration shall develop a
coordinated facility planning process for offices located
outside the metropolitan area for the following agencies: the
departments of health, agriculture, and natural resources; the
pollution control agency; and the board of water and soil
resources. Any proposals for consolidation or construction of
facilities for these agencies that are included in budget
documents submitted to the legislature under section 16A.11 must
first be considered as part of the planning process required by
this section.
Sec. 41. Minnesota Statutes 1992, section 16B.305,
subdivision 2, is amended to read:
Subd. 2. [REVIEW OF REQUESTS.] The commissioner shall
review agency requests for state buildings and help agencies
prepare adequate plans for use in presenting their capital
budget requests to the commissioner of finance, the governor,
and the legislature. The commissioner shall consider locational
questions in siting state buildings and include answers to
locational questions provide information on how a building
project is consistent with the department's long-range strategic
plan for locating state agencies in the commissioner's
recommendations on a request.
Sec. 42. Minnesota Statutes 1993 Supplement, section
16B.335, is amended to read:
16B.335 [REVIEW OF PLANS AND PROJECTS.]
Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] The
commissioner, or any other agency recipient to whom an
appropriation is made to acquire or better public lands or
buildings or other public improvements of a capital nature, must
not prepare final plans and specifications for any construction,
major remodeling, or land acquisition authorized by in
anticipation of which the appropriation was made until the
agency that will use the project has presented the program plan
and cost estimates for all elements necessary to complete the
project to the chair of the senate finance committee and the
chair of the house ways and means committee and the chairs have
made their recommendations. "Construction or major remodeling"
means construction of a new building or substantial alteration
of the exterior dimensions or interior configuration of an
existing building. The presentation must note any significant
changes in the work that will be done, or in its cost, since the
appropriation for the project was enacted. The program plans
and estimates must be presented for review at least two weeks
before a recommendation is needed. The recommendations are
advisory only. Failure or refusal to make a recommendation is
considered a negative recommendation.
Subd. 2. [OTHER PROJECTS.] All other capital projects
except for those contained in agency operations budgets,
including building improvements, small structures at experiment
stations, asbestos removal, life safety, PCB removal,
tuckpointing, roof repair, code compliance, landscaping,
drainage, electrical and mechanical systems work, paving of
streets, parking lots, and the like for which a specific
appropriation is made must not proceed until the agency
recipient undertaking the project has notified the chair of the
senate finance committee and the chair of the house ways and
means committee that the work is ready to begin. Notice is not
required for capital projects needed to comply with the
Americans with Disabilities Act or funded by an agency's
operating budget or by a capital asset preservation and
replacement account under section 16A.632, or a higher education
capital asset preservation and renewal account under section
135A.046.
Sec. 43. Minnesota Statutes 1993 Supplement, section
16B.335, is amended by adding a subdivision to read:
Subd. 3. [PREDESIGN REQUIREMENT.] A recipient to whom an
appropriation is made for a project subject to review under
subdivision 1 or notice under subdivision 2 shall prepare a
predesign package and submit it to the commissioner for review
and recommendation before proceeding with design activities.
The commissioner must complete the review and recommendation
within ten working days after receiving it. Failure to review
and recommend within the ten days is considered a positive
recommendation. The predesign package must be sufficient to
define the scope, cost, and schedule of the project and must
demonstrate that the project has been analyzed according to
appropriate space needs standards.
Sec. 44. Minnesota Statutes 1993 Supplement, section
16B.335, is amended by adding a subdivision to read:
Subd. 4. [ENERGY CONSERVATION.] A recipient to whom a
direct appropriation is made for a capital improvement project
shall ensure that the project complies with the applicable
energy conservation standards contained in law, including
sections 216C.19 to 216C.21, and rules adopted thereunder. The
recipient may use the energy planning and intervention and
energy technologies units of the department of public service to
obtain information and technical assistance on energy
conservation and alternative energy development relating to the
planning and construction of the capital improvement project.
Sec. 45. Minnesota Statutes 1993 Supplement, section
16B.335, is amended by adding a subdivision to read:
Subd. 5. [INFORMATION TECHNOLOGY.] Agency requests for
construction and remodeling funds shall include money for
cost-effective information technology investments that would
enable an agency to reduce its need for office space, provide
more of its services electronically, and decentralize its
operations. The information policy office must review and
approve the information technology portion of construction and
major remodeling program plans before the plans are submitted to
the chairs of the senate finance committee and the house of
representatives ways and means committee for their
recommendations as required by subdivision 1.
Sec. 46. [84.0875] [ENVIRONMENTAL LEARNING CENTERS.]
The commissioner may acquire and better, or make grants to
counties, home rule charter or statutory cities, or school
districts to acquire and better, residential environmental
learning centers where students may learn how to use, preserve,
and renew the natural resources of this state. A facility and
reasonable access to it must be owned by the state or a
political subdivision but may be leased to or managed by a
nonprofit organization to carry out an environmental learning
program established by the commissioner. The lease or
management agreement must comply with the requirements of
section 16A.695.
Sec. 47. Minnesota Statutes 1992, section 85.015,
subdivision 4, is amended to read:
Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE
COUNTIES.] (a) The trail shall originate at Rochester in Olmsted
county and shall follow the route of the Chicago Great Western
Railroad to Pine Island in Goodhue county and there terminate.
(b) Additional trails may be established that extend the
Douglas Trail System to include Pine Island, Mazeppa in Wabasha
county to Zumbrota, Goodhue, and Red Wing in Goodhue county. In
addition to the criteria in section 86A.05, subdivision 4, these
trails must utilize abandoned railroad rights-of-way where
possible.
(c) The trail shall be developed primarily for riding and
hiking.
(c) (d) Under no circumstances shall the commissioner
acquire any of the right-of-way of the Chicago Great Western
Railroad until the abandonment of the line of railway described
in this subdivision has been approved by the Interstate Commerce
Commission.
Sec. 48. Minnesota Statutes 1993 Supplement, section
85.019, is amended by adding a subdivision to read:
Subd. 4a. [GRANTS FOR NATURAL AND SCENIC AREAS.] The
commissioner shall administer a program to provide grants to
units of government for the acquisition and betterment of
natural and scenic areas such as blufflands, prairies,
shorelands, wetlands, and wooded areas. A grant may not exceed
50 percent of the costs of acquisition and betterment of land
acquired under this subdivision.
Sec. 49. Minnesota Statutes 1992, section 103G.005, is
amended by adding a subdivision to read:
Subd. 14a. [POLITICAL SUBDIVISION.] "Political subdivision"
means a county, city, town, school district, or other local
government jurisdiction to which the state provides state aids
or on which the state imposes state mandates.
Sec. 50. Minnesota Statutes 1992, section 103G.511, is
amended to read:
103G.511 [PUBLICLY OWNED DAM REPAIR.]
Subdivision 1. [AUTHORIZATION.] The commissioner may:
(1) repair or reconstruct state-owned dams;
(2) make engineering evaluations related to the repair or
reconstruction of dams owned by local governmental units
political subdivisions; and
(3) grant aid to local governmental units political
subdivisions to repair or reconstruct dams owned by local
governmental units political subdivisions.
Subd. 2. [ENGINEERING EVALUATIONS.] The engineering
evaluations may include studies of the feasibility,
practicality, and environmental effects of using dams for
hydroelectric power generation.
Subd. 3. [FUNDING.] (a) Except as provided in this
section, a grant to a local government unit political
subdivision may not exceed the amount contributed to the project
by the local government unit political subdivision from local
funds.
(b) Federal general revenue sharing money may be counted as
local funds, but other federal grants or loans must be used to
reduce equally the state share and the local share of project
costs.
(c) A grant to study the feasibility, practicality, and
environmental effects of using a dam for hydroelectric power
generation may be for an amount up to 90 percent of the costs of
the study.
Subd. 4. [INVESTIGATION.] The commissioner may repair or
reconstruct a state-owned dam or make a grant to a local
governmental unit political subdivision only after making an
investigation of the dam.
Subd. 5. [APPLICATION.] A local governmental unit
political subdivision desiring a grant for the repair or
reconstruction of a dam may apply for the grant on forms
supplied by the commissioner.
Subd. 6. [DETERMINATION OF GRANT.] The commissioner shall
consider all relevant factors in determining whether to repair
or reconstruct a state-owned dam or to make a grant to a local
governmental unit political subdivision including:
(1) the age and type of construction of the dam;
(2) the use of the dam for water supply, flood control,
navigation, hydroelectric power generation, recreation, wildlife
management, scenic value, or other purposes related to public
health, safety, and welfare;
(3) the consequences of abandonment, removal, or alteration
of the dam;
(4) prospective future uses of the dam; and
(5) the relative importance of the dam to the statewide
water resource program.
Subd. 7. [HEARING.] The commissioner may hold a public
hearing under section 103G.311 on the proposed repair or
reconstruction after giving notice. If the hearing is held at
the request of a local government unit political subdivision,
the costs of publishing notice and of taking and preparing the
stenographic record must be paid by the local government unit
political subdivision.
Subd. 8. [OPERATION AGREEMENT.] To receive a grant,
the local government unit political subdivision must enter into
an agreement with the commissioner giving assurance that the
government unit will operate and maintain the dam in a safe
condition for the benefit of the public and must agree to other
conditions the commissioner considers reasonable.
Subd. 9. [LIMITATIONS.] (a) If the cost of repair or
reconstruction of a state-owned dam or a grant to a local
government unit political subdivision is less than $250,000, the
commissioner may direct that the state-owned dam be repaired or
reconstructed or that a grant be made to repair or reconstruct a
dam owned by a local government unit political subdivision.
(b) If the cost of repair or reconstruction of a
state-owned claim or grant to a local government unit political
subdivision is $250,000 or more, the commissioner may recommend
the project to the legislature for its consideration and action,
except in an emergency under paragraph (c).
(c) The commissioner, with the approval of the commissioner
of finance after consulting with the legislative advisory
commission, may direct that a state-owned dam be repaired or
reconstructed or a grant be made to a local government unit
political subdivision if the commissioner determines that an
emergency exists and:
(1) there is danger that life will be lost; or
(2) that substantial property losses will be suffered if
action is not promptly taken.
Subd. 10. [LOANS FOR LOCAL SHARE OF PROJECT COSTS.] (a) If
the commissioner decides to recommend a dam repair or
reconstruction grant for a local government unit political
subdivision to the legislature, the commissioner must notify the
local government unit political subdivision and the commissioner
of finance of the decision. After being notified by the
commissioner of natural resources, the local government unit
political subdivision may apply to the commissioner of finance
on forms supplied by the commissioner of finance for a loan up
to 90 percent of the local share of the project costs.
(b) The loan is repayable over a period not longer than 20
years, with interest at a rate sufficient to cover the cost to
the state of borrowing the money.
(c) A local government unit political subdivision receiving
a dam safety loan must levy for the loan payment in the year the
loan proceeds were received and each later year, until the loan
is paid. The levy must be for:
(1) the amount of the annual loan payment; or
(2) the amount of the loan payment less the amount the
local government unit political subdivision certifies is
available from other sources for the loan payment.
(d) Upon approval of the project grant by the legislature,
the commissioner of finance shall make the loan in an amount and
on terms that are appropriate. Loans made under this
subdivision do not require approval by the electors of the local
government unit political subdivision as provided in section
475.58.
(e) Principal and interest payments received by the
commissioner of finance in repayment of these loans are
appropriated to the state building bond account fund.
Subd. 11. [COMMISSIONER'S ORDER TO REPAIR OR RECONSTRUCT A
DAM.] (a) If a local government unit political subdivision fails
to comply with a commissioner's order to repair or remove a dam
under section 103G.515, the commissioner may repair or remove
the dam as provided in this subdivision.
(b) The commissioner must hold a hearing under section
103G.311 on the failure of the local government unit political
subdivision to repair or remove the dam. After the hearing, the
commissioner must make findings specifying the failure of
the local government unit political subdivision to act and
shall, by order, assume the powers of the legislative authority
of the local government unit political subdivision in regard to
the repair or removal of dams.
(c) After issuing the order, the commissioner has the same
powers, insofar as applicable to the repair or removal of dams,
as the commissioners of administration and the pollution control
agency have in the construction, installation, maintenance, or
operation of a municipal disposal system, or part of a system,
or issuing bonds and levying taxes under section 115.48.
Subd. 12. [PRIORITY LIST OF DAMS NEEDING REPAIR.] After
reviewing examinations of dams owned by the state and local
government units political subdivisions, the commissioner shall
prioritize the state and local government unit political
subdivision dams in need of repair or reconstruction and report
annually to the legislature. The commissioner must prioritize
projects considering danger to life, damage to property, and the
factors listed in subdivision 6.
Sec. 51. Minnesota Statutes 1992, section 103G.521,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR TRANSFER.] (a) Upon
application by resolution of the governing body of a local
government unit political subdivision authorized to maintain and
operate dams or other control structures affecting public
waters, the commissioner, with the approval of the executive
council, may transfer to the local government unit political
subdivision the custody of a dam or other control structures
owned by the state and under the supervision or control of the
commissioner if the commissioner determines that the transfer
will promote the best interests of the public. The transfer
must be made by order of the commissioner on the terms and
conditions the commissioner sets for maintenance and operation
of the project.
(b) In connection with the transfer, the commissioner may
convey land, easements, or other state property pertaining to
the project to the transferee by deed or another appropriate
instrument in the name of the state, subject to conditions and
reservations prescribed by the commissioner. A duplicate of
each order, conveyance, or other instrument executed by the
commissioner in connection with a transfer must be filed with
the commissioner of finance.
Sec. 52. Minnesota Statutes 1992, section 103G.535, is
amended to read:
103G.535 [HYDROPOWER GENERATION.]
Subdivision 1. [PUBLIC PURPOSE.] The legislature finds
that:
(1) the public health, safety, and welfare of the state is
also promoted by the use of state waters to produce
hydroelectric or hydromechanical power in a manner consistent
with laws relating to dam construction, reconstruction, repair,
and maintenance; and
(2) the leasing of existing dams and potential dam sites
primarily for power generation is a valid public purpose.
Subd. 2. [AUTHORITY FOR LEASE OF SITES.] A local
government unit political subdivision, or the commissioner with
the approval of the state executive council for state-owned
dams, may provide by a lease or development agreement for the
development and operation of dams, dam sites, and hydroelectric
or hydromechanical power generation plants by an individual, a
corporation, an organization, or other legal entity on terms and
conditions in subdivision 5.
Subd. 3. [INSTALLATIONS LESS THAN 15,000 KILOWATTS UNUSED
ON JANUARY 1, 1984.] If an installation of 15,000 kilowatts or
less at a dam site and reservoir was unused on January 1, 1984,
in connection with the production of hydroelectric or
hydromechanical power, the lease or development agreement
negotiated by the local government unit political subdivision
and the developer constitutes full payment by the lessee and may
be in lieu of all real or personal property taxes that might
otherwise be due to a local government unit political
subdivision.
Subd. 4. [MUNICIPALITY OR TOWN APPROVAL.] If the dam, dam
site, or power generation plant is located in or contiguous to a
municipality or town, other than the lessor local government
unit political subdivision, the lease or agreement is not
effective unless it is approved by the governing body of the
municipality or town.
Subd. 5. [CONTENTS OF DEVELOPMENT AGREEMENT.] (a) An
agreement for the development or redevelopment of a hydropower
site must contain provisions to assure the maximum financial
return to the local government unit political subdivision or the
commissioner.
(b) An agreement may contain:
(1) the period of the development agreement up to 99 years,
subject to negotiations between the parties, and conditions for
extension, modification, or termination;
(2) provisions for a performance bond on the developer or
certification that the equipment and its installation have a
design life at least as long as the lease; and
(3) provisions to assure adequate maintenance and safety in
impoundment structures and access to recreational sites.
Sec. 53. Minnesota Statutes 1992, section 116.162,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM PURPOSE.] The agency shall administer a
state financial assistance program to assist eligible recipients
to abate combined sewer overflow to the Mississippi river from
its confluence with the Rum river to its confluence with the St.
Croix river easternmost boundary of the city of Red Wing.
Sec. 54. [116J.558] [EFFECT OF ISSUANCE OF GRANTS.]
The issuance of a contamination cleanup grant under
sections 116J.551 to 116J.557 has no effect on the
responsibility or the liability of the state, under chapter 115B
or any other law, in relation to the contamination at a site or
sites for which the grant is issued. The issuance of a grant
neither implies any state responsibility for the contamination
nor imposes any obligation on the state to participate in the
cleanup of the contamination or in the cleanup costs beyond the
amount of the grant.
Sec. 55. Minnesota Statutes 1993 Supplement, section
124.494, subdivision 1, is amended to read:
Subdivision 1. [QUALIFICATION.] Any group of school
districts that meets the criteria required under subdivision 2
may apply for an incentive grant in an amount not to exceed for
construction of a new secondary facility or for remodeling and
improving an existing secondary facility. A grant for new
construction must not exceed the lesser of $5,000,000 or 75
percent of the approved construction costs of a cooperative
secondary education facility. A grant for remodeling and
improving an existing facility must not exceed $200,000.
Sec. 56. Minnesota Statutes 1993 Supplement, section
124.494, subdivision 2, is amended to read:
Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of
districts that submits an application for a grant shall submit a
proposal to the commissioner for review and comment under
section 121.15, and the commissioner shall prepare a review and
comment on the proposed facility, regardless of the amount of
the capital expenditure required to acquire, construct, remodel
or improve the secondary facility. The commissioner must not
approve an application for an incentive grant for any secondary
facility unless the facility receives a favorable review and
comment under section 121.15 and the following criteria are met:
(1) a minimum of three two or more districts, with
kindergarten to grade 12 enrollments in each district of no more
than 1,200 pupils, enter into a joint powers agreement;
(2) a joint powers board representing all participating
districts is established under section 471.59 to govern the
cooperative secondary facility;
(3) the planned secondary facility will result in the joint
powers district meeting the requirements of Minnesota Rules,
parts 3500.2010 and 3500.2110;
(4) at least 198 pupils would be served in grades 10 to 12,
264 pupils would be served in grades 9 to 12, or 396 pupils
would be served in grades 7 to 12;
(5) no more than one superintendent is employed by the
joint powers board as a result of the cooperative secondary
facility agreement;
(6) a statement of need is submitted, that may include
reasons why the current secondary facilities are inadequate,
unsafe or inaccessible to the handicapped;
(7) an educational plan is prepared, that includes input
from both community and professional staff;
(8) a combined seniority list for all participating
districts is developed by the joint powers board;
(9) an education program is developed that provides for
more learning opportunities and course offerings, including the
offering of advanced placement courses, for students than is
currently available in any single member district;
(10) a plan is developed for providing instruction of any
resident students in other districts when distance to the
secondary education facility makes attendance at the facility
unreasonably difficult or impractical; and
(11) the joint powers board established under clause (2)
discusses with technical colleges located in the area how
vocational education space in the cooperative secondary facility
could be jointly used for secondary and post-secondary purposes.
(b) To the extent possible, the joint powers board is
encouraged to provide for severance pay or for early retirement
incentives under section 125.611, for any teacher or
administrator, as defined under section 125.12, subdivision 1,
who is placed on unrequested leave as a result of the
cooperative secondary facility agreement.
(c) For the purpose of paragraph (a), clause (8), each
school district must be considered to have started school each
year on the same date.
(d) The districts may develop a plan that provides for the
location of social service, health, and other programs serving
pupils and community residents within the cooperative secondary
facility. The commissioner shall consider this plan when
preparing a review and comment on the proposed facility.
(e) The districts shall schedule and conduct a meeting on
library services. The school districts, in cooperation with the
regional public library system and its appropriate member
libraries, shall discuss the possibility of including jointly
operated library services at the cooperative secondary facility.
(f) The school board of a district that has reorganized
under section 122.23 or 122.243 and that is applying for a grant
for remodeling or improving an existing facility may act in the
place of a joint powers board to meet the criteria of this
subdivision.
Sec. 57. Minnesota Statutes 1992, section 124.494,
subdivision 3, is amended to read:
Subd. 3. [DISTRICT PROCEDURES.] A joint powers board of a
secondary district established under subdivision 2 or a school
board of a reorganized district that intends to apply for a
grant shall adopt a resolution stating the proposed costs of the
project, the purpose for which the debt is costs are to be
incurred, and an estimate of the dates when the facilities for
which the grant is requested will be contracted for and
completed. Applications for the state grants must be
accompanied by (a) a copy of the resolution, (b) a certificate
by the clerk and treasurer of the joint powers board showing the
current outstanding indebtedness of each member district, and
(c) a certificate by the county auditor of each county in which
a portion of the joint powers district lies showing the
information in the auditor's official records that is required
to be used in computing the debt limit of the district under
section 475.53, subdivision 4. The clerk's and treasurer's
certificate shall show, as to each outstanding bond issue of
each member district, the amount originally issued, the purpose
for which issued, the date of issue, the amount remaining unpaid
as of the date of the resolution, and the interest rates and due
dates and amounts of principal thereon. Applications and
necessary data must be in the form prescribed by the
commissioner and the rules of the state board of education.
When an application is received, the commissioner shall obtain
from the commissioner of revenue, and from the public utilities
commission when required, the information in their official
records that is required to be used in computing the debt limit
of the joint powers district under section 475.53, subdivision 4.
Sec. 58. Minnesota Statutes 1992, section 124.494,
subdivision 4, is amended to read:
Subd. 4. [AWARD OF GRANTS.] (a) The commissioner shall
examine and consider all applications for grants, and if any
joint powers district is found not qualified, the commissioner
shall promptly notify that joint powers board. On July 1 of
1989, the commissioner shall make awards to no more than two
qualified applicants whose applications have been on file with
the commissioner more than one month.
(b) On July 1, 1992, the commissioner shall make awards to
no more than two groups of districts. Notwithstanding
paragraphs (a) and (c), the first grant shall be made to the
group of districts consisting of independent school districts
No. 240, Blue Earth; No. 225, Winnebago; No. 219, Elmore; and
No. 218, Delevan, if that group has submitted an application and
if the application has been approved. The second grant, if
money remains, shall be made to the group of districts that make
up the Grant county project, if that group has submitted an
application and if that application has been approved.
Applications must be filed on or before June 1, 1992, for the
July 1, 1992, grant award consideration.
(c) A grant award is subject to verification by the joint
powers districts district as specified in subdivision 6. A
grant award for a new facility must not be made until the site
of the secondary facility has been determined. A grant award to
remodel or improve an existing facility must not be made until
the districts have reorganized. If the total amount of the
approved applications exceeds the amount that is or can be made
available, the commissioner shall allot the available amount
equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified joint
powers district the amount, if any, of the grant awarded to it.
Sec. 59. Minnesota Statutes 1993 Supplement, section
124.494, subdivision 4a, is amended to read:
Subd. 4a. [COLOCATION GRANT.] A group of districts that
receives a grant for a new facility under subdivision 4 is also
eligible to receive an additional grant in the amount of
$1,000,000. To receive the additional grant, the group of
districts must develop a plan under subdivision 2, paragraph
(d), that provides for the location of a significant number of
noneducational student and community service programs within the
cooperative secondary facility.
Sec. 60. Minnesota Statutes 1992, section 124.494,
subdivision 5, is amended to read:
Subd. 5. [REFERENDUM; BOND ISSUE.] Within 180 days after
being awarded a grant for a new facility under subdivision 4,
the joint powers board shall submit the question of authorizing
the borrowing of funds for the secondary facility to the voters
of the joint powers district at a special election, which may be
held in conjunction with the annual election of the school board
members of the member districts. The question submitted shall
state the total amount of funding needed from all sources. A
majority of those voting in the affirmative on the question is
sufficient to authorize the joint powers board to accept the
grant and to issue the bonds on public sale in accordance with
chapter 475. The clerk of the joint powers board must certify
the vote of the bond election to the commissioner of education.
If the question is approved by the voters, the commissioner
shall notify the approved applicant districts that the grant
amount certified under subdivision 4 is available and
appropriated for payment under this subdivision. If a majority
of those voting on the question do not vote in the affirmative,
the grant must be canceled.
Sec. 61. Minnesota Statutes 1992, section 124.494,
subdivision 6, is amended to read:
Subd. 6. [CONTRACT.] Each grant must be evidenced by a
contract between the joint powers board and the state acting
through the commissioner. The contract obligates the state to
pay to the joint powers board an amount computed according to
subdivision 4, and according to a schedule, and terms and
conditions acceptable to the commissioner of finance.
Sec. 62. [124C.498] [METROPOLITAN MAGNET SCHOOL GRANTS.]
Subdivision 1. [POLICY AND PURPOSE.] A metropolitan magnet
school grant program is established for the purpose of promoting
integrated education for students in prekindergarten through
grade 12, increase mutual understanding among all students, and
address the inability of local school districts to provide
required construction funds through local property taxes. The
program seeks to encourage school districts located in whole or
in part within the seven county metropolitan area to make
available to school age children residing in the metropolitan
area those educational programs, services, and facilities that
are essential to meeting all children's needs and abilities.
The program anticipates using the credit of the state, to a
limited degree, to provide grants to metropolitan area school
districts to improve the educational opportunities and academic
achievement of disadvantaged children and the facilities that
are available to those children.
Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.] To the
extent money is available, the commissioner of education, may
approve projects from applications submitted under this
section. The grant money must be used only to acquire,
construct, remodel, or improve the building or site of a magnet
school facility according to contracts entered into within 15
months after the date on which a grant is awarded.
Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of
school districts that meets the criteria required under
paragraph (b)(i) may apply for a magnet school grant in an
amount not to exceed $10,000,000 for the approved construction
costs of a magnet school facility.
(b)(i) Any group of districts that submits an application
for a grant shall submit a proposal to the commissioner for
review and comment under section 121.15, and the commissioner
shall prepare a review and comment on the proposed magnet school
facility, regardless of the amount of the capital expenditure
required to acquire, construct, remodel, or improve the
facility. The commissioner must not approve an application for
a magnet school grant for any facility unless the facility
receives a favorable review and comment under section 121.15 and
the participating districts:
(1) establish a joint powers board under section 471.59 to
represent all participating districts and govern the magnet
school facility;
(2) design the planned magnet school facility to meet the
applicable requirements contained in Minnesota Rules, chapter
3535;
(3) submit a statement of need, including reasons why the
magnet school will facilitate integration and improve learning;
(4) prepare an educational plan, that includes input from
both community and professional staff; and
(5) develop an education program that will improve learning
opportunities for students attending the magnet school.
(ii) The districts may develop a plan that permits social
service, health, and other programs serving students and
community residents to be located within the magnet school
facility. The commissioner shall consider this plan when
preparing a review and comment on the proposed facility.
(c) When two or more districts enter into an agreement
establishing a joint powers board to govern the magnet school
facility, all member districts shall have the same powers.
(d) A joint powers board of participating school districts
established under paragraphs (b) and (c) that intends to apply
for a grant shall adopt a resolution stating the costs of the
proposed project, the purpose for which the debt is to be
incurred, and an estimate of the dates when the contracts for
the proposed project will be completed. A copy of the
resolution must accompany any application for a state grant
under this section.
(e)(i) The commissioner shall examine and consider all
grant applications. If the commissioner finds that any joint
powers district is not a qualified grant applicant, the
commissioner shall promptly notify that joint powers board. The
commissioner shall make awards to no more than two qualified
applicants whose applications have been on file with the
commissioner more than 30 days.
(ii) A grant award is subject to verification by the joint
powers board under paragraph (f). A grant award must not be
made until the participating districts determine the site of the
magnet school facility. If the total amount of the approved
applications exceeds the amount of grant funding that is or can
be made available, the commissioner shall allot the available
amount equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified joint
powers board the amount, if any, of the grant awarded to it.
(f) Each grant must be evidenced by a contract between the
joint powers board and the state acting through the
commissioner. The contract obligates the state to pay to the
joint powers board an amount computed according to paragraph
(e)(ii) and a schedule, and terms and conditions acceptable to
the commissioner of finance.
Sec. 63. [134.45] [LIBRARY ACCESSIBILITY GRANTS.]
Subdivision 1. [APPLICATION; DEFINITION.] Public library
jurisdictions may apply to the commissioner of education for
grants to improve accessibility to their library facilities.
For the purposes of this section, "public library jurisdictions"
means regional public library systems, regional library
districts, cities, and counties operating libraries under
chapter 134.
Subd. 2. [APPROVAL BY COMMISSIONER.] The commissioner of
education, in consultation with the state council on disability,
may approve or disapprove applications under this section. The
grant money must be used only to remove architectural barriers
from a building or site.
Subd. 3. [APPLICATION FORMS.] The commissioner of
education shall prepare application forms and establish
application dates.
Subd. 4. [MATCH.] A public library jurisdiction applying
for a grant under this section must match the grant with local
funds.
Subd. 5. [QUALIFICATION.] A public library jurisdiction
may apply for a grant in an amount up to 50 percent of the
approved costs of removing architectural barriers from a
building or site.
Subd. 6. [AWARD OF GRANTS.] The commissioner, in
consultation with the state council on disability, shall examine
and consider all applications for grants. If a public library
jurisdiction is found not qualified, the commissioner shall
promptly notify it. The commissioner shall prioritize grants on
the following bases: the public library jurisdiction's tax
burden, the long-term feasibility of the project, the
suitability of the project, and the need for the project. If
the total amount of the applications exceeds the amount that is
or can be made available, the commissioner shall award grants
according to the commissioner's judgment and discretion and
based upon a ranking of the projects according to the factors
listed in this subdivision. The commissioner shall promptly
certify to each public library jurisdiction the amount, if any,
of the grant awarded to it.
Subd. 7. [PROJECT BUDGET.] A public library jurisdiction
that receives a grant must provide the commissioner with the
project budget and any other information the commissioner
requests.
Sec. 64. [135A.045] [POST-SECONDARY SYSTEMS.]
Each post-secondary governing board shall report on any
petroleum tank release cleanup account reimbursements as part of
each biennial budget request. The board shall specify its costs
in relation to any tank removal, replacement, and cleanup and
shall identify all petroleum tank release cleanup account
reimbursements it received or assigned and the specific activity
for which the reimbursement or assignment was made. The board
must place all reimbursements it receives into its capital
repair and betterment account.
Sec. 65. [135A.046] [HIGHER EDUCATION ASSET PRESERVATION
AND RENEWAL.]
Subdivision 1. [PURPOSE.] The legislature recognizes that
post-secondary governing boards operate campus physical plants
that in number, size, and programmatic use differ significantly
from the physical plants operated by state departments and
agencies. However, the legislature recognizes the need for
standards to aid in categorizing and funding capital projects.
The purpose of this section is to provide standards for those
higher education projects that are intended to preserve and
replace existing campus facilities.
Subd. 2. [STANDARDS.] Capital budget expenditures for
Higher Education Asset Preservation and Renewal (HEAPR) projects
must be for one or more of the following: code compliance
including health and safety, Americans with Disabilities Act
requirements, hazardous material abatement, access improvement,
or air quality improvement; building or infrastructure repairs
necessary to preserve the interior and exterior of existing
buildings; or renewal to support the existing programmatic
mission of the campuses.
Subd. 3. [REPORTING PRIORITIES.] Each post-secondary
governing board shall establish priorities within its HEAPR
projects. By December 31 of each year, it shall submit a list
of those priorities for which capital bonding appropriations
will be sought in the next legislative session, as well as a
list of the projects that have received bond proceeds during
that calendar year to the chairs of the higher education finance
divisions, the senate finance committee, and the house of
representatives capital investment committee.
Sec. 66. Minnesota Statutes 1992, section 135A.06,
subdivision 4, is amended to read:
Subd. 4. [CAPITAL REQUESTS.] A capital budget request
submitted by a system must specifically relate a proposed
capital project to the plans required under this section.
In its planning for new program offerings at a particular
campus, each public post-secondary governing board shall
consider the availability of physical space and the adequacy of
facilities at that campus. If the board determines that new
space or facilities are required, it shall examine the
feasibility of developing the program at a different campus
within its system or in cooperation with other systems and the
higher education board. In planning for new library facilities,
each public post-secondary governing board shall consider
whether on-campus student study space needs can be more
efficiently accommodated within existing facilities.
Sec. 67. Minnesota Statutes 1993 Supplement, section
136.261, subdivision 1, is amended to read:
Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY.] The
state university board may purchase property adjacent to or in
the vicinity of the campuses as necessary for the development of
the universities. Before taking action, the board shall consult
with the chairs of the senate finance committee and the house
ways and means committee about the proposed action. The board
shall explain the need to acquire property, specify the property
to be acquired, and indicate the source and amount of money
needed for the acquisition. The amount needed may be spent from
sums previously appropriated for purposes of the state
universities, including but not limited to general fund
appropriations for instructional or noninstructional
expenditures, general fund appropriations carried forward, or
university activity fund appropriations.
Sec. 68. Minnesota Statutes 1992, section 136.651, is
amended to read:
136.651 [SURPLUS COMMUNITY COLLEGE LAND.]
At the request of the state board for community colleges,
the commissioner of administration shall transfer and convey, or
lease for a term of years, state land under the control of but
no longer needed by a community college to the city where the
community college is located. The land must be used by the city
for student housing. The conveyance must be made for no
monetary consideration, and by quitclaim deed in a form approved
by the attorney general. The deed must provide that the land
reverts to the state if it is no longer used for student housing
unless the owner of improvements on the land agrees before the
reversion to pay the state the value of the unimproved land as
determined by the commissioner before the improvements were
made. The commissioner shall inflate the value of the
unimproved land by three percent compounded annually for each
year of ownership after the improvements were made. For
purposes of determining the value, the commissioner shall
designate two or more of the regularly appointed and qualified
state appraisers to determine the value of the land.
Sec. 69. [LIBRARY PLANNING TASK FORCE.]
Subdivision 1. [TASK FORCE MEMBERSHIP.] An 18-member
planning task force for library and information services shall
be established and shall be composed of: three representatives
appointed by the chancellor of the higher education board, one
of whom may be serving on the MINITEX advisory committee; two
representatives appointed by the president of the University of
Minnesota, one of whom may be serving on the MINITEX advisory
committee; one representative appointed by the president of the
Minnesota private college council; the director of MINITEX; one
representative appointed by the commissioner of finance; one
representative appointed by the executive director of the
Minnesota higher education coordinating board; the director of
the office of library development and services; five
representatives of public libraries appointed by the director of
library development and services; two representatives of
elementary and secondary schools appointed by the commissioner
of education; and one representative appointed by the governor.
The executive director of the Minnesota higher education
coordinating board shall confer with the other appointing
authorities to ensure that at least one-half of the task force
members are employed in occupations unrelated to library
science. The executive director of the Minnesota higher
education coordinating board shall convene the first meeting of
the task force.
Subd. 2. [PLAN REVIEW.] The task force may review plans
for proposed library projects, not including projects which have
construction money available before January 1, 1995, to ensure
that they:
(1) provide statewide access to and are integrated with
library, information and archival services and networks;
(2) promote coordinated exchange of information among
Minnesota's post-secondary systems, public libraries, and school
libraries;
(3) include the use of appropriate technologies for current
and future storage of electronic library information;
(4) coordinate use of electronic storage and transmission
in providing library and information services;
(5) collaborate with multitype and regional public library
systems established in Minnesota Statutes, sections 134.20 and
134.351; and
(6) maximize current library funding sources and identify
additional sources.
Proposed library projects may be considered for an
appropriation after task force review. The task force shall
report on its review of library projects to the legislature by
December 15 each year.
The task force shall expire on June 30, 1999.
Sec. 70. Minnesota Statutes 1992, section 167.51,
subdivision 1, is amended to read:
Subdivision 1. [ACCOUNT; APPROPRIATION.] The commissioner
of finance shall maintain in the state bond fund a separate
account which shall be designated the Minnesota trunk highway
bond account. On the first day of November December of each
year there shall be transferred from the trunk highway fund to
the Minnesota trunk highway bond account a sum sufficient, with
all money previously transferred to such account, and all income
from the investment of such money, to pay all principal and
interest then and theretofore due and to become due within the
next ensuing year and to and including July 1 in the second
ensuing year on Minnesota trunk highway bonds. There is
annually appropriated from the trunk highway fund a sum of money
sufficient to carry out the provisions of this subdivision.
Sec. 71. [216C.41] [HYDROPOWER PRODUCTION INCENTIVE.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, a "qualified hydroelectric facility" or "facility"
means a hydroelectric generating facility in this state that:
(1) is located at the site of a dam, if the dam was in
existence as of March 31, 1994; and
(2) begins generating electricity after July 1, 1994.
Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be
made according to this section to the owner or operator of a
qualified hydropower facility for electric energy generated and
sold by the facility. Payment may only be made upon receipt by
the commissioner of finance of an incentive payment application
that establishes that the applicant is eligible to receive an
incentive payment and that satisfies other requirements the
commissioner deems necessary. The application shall be in a
form and submitted at a time the commissioner establishes.
There is annually appropriated from the general fund sums
sufficient to make the payments required under this section.
Subd. 3. [ELIGIBILITY WINDOW.] Payments may be made under
this section only for electricity generated from a qualified
hydroelectric facility that is operational and generating
electricity before January 1, 2001.
Subd. 4. [PAYMENT PERIOD.] A facility may receive payments
under this section for a ten-year period. No payment under this
section may be made for electricity generated after December 31,
2010. The payment period begins and runs consecutively from the
first year in which electricity generated from the facility is
eligible for incentive payment.
Subd. 5. [AMOUNT OF PAYMENT.] An incentive payment is
based on the number of kilowatt hours of electricity generated.
The amount of the payment is 1.5 cents per kilowatt hour.
Sec. 72. [TEACHER TRAINING INSTITUTE; CITY OF ST. PAUL.]
The city of St. Paul may establish and maintain a teacher
training institute and related activities that provides new
models for professional development for teachers. The city may
exercise the powers granted in Minnesota Statutes, section
471.191, to acquire and better facilities for the institute.
Facilities that have been acquired or bettered in whole or in
part with the proceeds of state bonds must be owned by the city
but may be leased or managed by a nonprofit organization to
carry out the purposes of the institute program established by
the city. The lease or management agreement must comply with
the requirements of new Minnesota Statutes, section 16A.695.
Sec. 73. [268.917] [EARLY CHILDHOOD LEARNING FACILITIES.]
The commissioner may make grants to state agencies and
political subdivisions to construct or rehabilitate facilities
for head start, early childhood and family education facilities,
other early childhood intervention programs, or demonstration
family service centers housing multiagency collaboratives, with
priority to centers in counties or municipalities with the
highest number of children living in poverty. The facilities
must be owned by the state or a political subdivision, but may
be leased under section 16A.695 to organizations that operate
the programs. The commissioner shall prescribe the terms and
conditions of the leases. A grant for an individual facility
must not exceed $200,000. The commissioner shall give priority
to grants that involve collaboration among sponsors of early
childhood learning programs. At least 25 percent of the amounts
appropriated for these grants must be used in conjunction with
the youth employment and training programs operated by the
commissioner. Eligible programs must consult with appropriate
labor organizations to deliver education and training.
Sec. 74. [462.3911] [PRAIRIELAND EXPO.]
The southwest regional development commission is authorized
to establish, construct, and operate a facility to display,
preserve, and interpret historical information and to enhance
the tourism potential of the region. The commission may enter
into a lease or management contract with another entity for
operation of the facility.
Sec. 75. Minnesota Statutes 1992, section 471.191,
subdivision 1, is amended to read:
Subdivision 1. Any city operating a program of public
recreation and playgrounds pursuant to sections 471.15 to 471.19
may acquire or lease, equip, and maintain land, buildings, and
other recreational facilities, including, but without
limitation, outdoor or indoor swimming pools, skating rinks and
arenas, athletic fields, golf courses, marinas, concert halls,
museums, and facilities for other kinds of athletic or cultural
participation, contests, and exhibitions, together with related
automobile parking facilities as defined in section 459.14, and
may expend funds for the operation of such program and borrow
and expend funds for capital costs thereof pursuant to the
provisions of this section. Any facilities to be operated by a
nonprofit corporation, as contemplated in section 471.16, may be
leased to the corporation upon such rentals and for such term,
not exceeding 30 years, and subject to such other provisions as
may be agreed; including but not limited to provisions (a)
permitting the lessee, subject to whatever conditions are
stated, to provide for the construction and equipment of the
facilities by any means available to it and in the manner
determined by it, without advertisement for bids as required for
other municipal facilities, and (b) granting the lessee the
option to renew the lease upon such conditions and rentals, or
to purchase the facilities at such price, as may be agreed;
provided that (c) any such lease shall require the lessee to pay
net rentals sufficient to pay the principal, interest,
redemption premiums, and other expenses when due with respect to
all city bonds issued for the acquisition or betterment of the
facilities, less such amount of taxes and special assessments,
if any, as may become payable in any year of the term of the
lease, on the land, building, or other facilities leased, and
(d) no option shall be granted to purchase the facilities at any
time at a price less than the amount required to pay all
principal and interest to become due on such bonds to the
earliest date or dates on which they may be paid and redeemed,
and all redemption premiums and other expenses of such payment
and redemption.
Sec. 76. [PROGRAM FUNDING.]
Recipients of grants from money appropriated in this act
must demonstrate to the commissioner of the agency making the
grant that the recipient has the ability and a plan to fund the
program intended for the facility.
Sec. 77. [RENT STUDY.]
The commissioner of administration must report on rent
billing to state agencies for the use of state facilities. The
report must include:
(1) the amount of rent billed;
(2) a description of the way rent amounts are determined;
(3) an explanation of the disposition of rent proceeds;
(4) recommendations on ways that state agency rent billings
can be used to fund capital asset preservation and repair needs
in state facilities, replacing the program established in
Minnesota Statutes, section 16A.632; and
(5) other information which the commissioner deems relevant.
The report must be submitted to the legislature by January
31, 1995.
Sec. 78. [AGENCY LOCATION STUDY.]
To enable the legislature to assess the administration's
assertion that public agencies need to be located in close
proximity to the state capitol, the commissioner of
administration shall study the feasibility of developing a
public agency corridor in St. Paul. The study shall include the
area that runs from I94 south to east 7th place between Cedar
and Jackson streets. The study shall include a comparison of
the building costs and building restrictions in the designated
area as compared to the immediate capitol area. In addition the
study shall evaluate the issues of public and employee
locational preferences, access to locations by the public using
various forms of transportation, parking availability,
interagency convenience in communications and the general
overall impact the development would have on the city of St.
Paul. The study shall be completed and a report made to the
legislature by December 15, 1994.
Sec. 79. [SECURE JUVENILE DETENTION FACILITY CONSTRUCTION
GRANTS.]
Subdivision 1. [GRANTS AUTHORIZED.] The commissioner of
corrections shall make grants to Hennepin county, Ramsey county,
or groups of counties, excluding counties in the joint powers
board operating the northwestern Minnesota juvenile training
center for grants made in 1994 or 1995, for up to 75 percent of
the construction cost of secure juvenile detention and treatment
facilities. The commissioner shall ensure that grants are
distributed so that facilities are available for both male and
female juveniles, and that the needs of very young offenders can
be met. The commissioner shall also require that programming in
the facilities be culturally specific and sensitive. To the
extent possible, grants should be made for facilities or living
units of 15 beds or fewer. No more than one grant shall be made
in each judicial district. Grant proposals may include more
than one site.
Subd. 2. [APPLICATIONS.] Applications for grants shall be
submitted to the commissioner using forms and instructions which
the commissioner shall provide. The commissioner must notify
counties, excluding counties in the joint powers board operating
the northwestern Minnesota juvenile training center for grants
made in 1994 or 1995, of the amount available for grants under
this section for the counties in their judicial district.
Applications can be submitted by Hennepin county, Ramsey county,
or by a group of counties, excluding counties in the joint
powers board operating the northwestern Minnesota juvenile
training center for grants made in 1994 or 1995. The
application must indicate that all counties in the judicial
district have been consulted in the development of the proposal
for the facility. If a county bordering a judicial district
requests to join with counties in the adjoining judicial
district, the commissioner may allow the county to cooperate in
the grant application with the counties in the adjoining
district. If the commissioner allows this, the commissioner
shall reallocate the grant money attributable to that county to
the judicial district with which the county will be cooperating.
Subd. 3. [ELIGIBILITY.] Applicants must include a
cooperative plan for the secure detention and treatment of
juveniles among the applicant counties. The cooperative plan
must identify the location of facilities. Facilities must be
located within 15 miles of a permanent chambers within the
judicial district, as specified in section 2.722, or at the site
of an existing county home facility, as authorized in section
260.094, or at the site of an existing detention home, as
authorized in section 260.101.
Subd. 4. [ALLOCATION FORMULA.] (a) The commissioner must
determine the amount available for grants for counties in each
judicial district under this subdivision.
(b) Five percent of the money appropriated for these grants
shall be allocated for the counties in each judicial district
for a mileage distribution allowance in proportion to the
percent each county's surface area comprises of the total
surface area of the state. Ninety-five percent of the money
appropriated for these grants shall be allocated for the
counties in each judicial district using the formula in section
401.10.
(c) The amount allocated for all counties within a judicial
district shall be totaled to determine the amount available for
a grant within that judicial district. Amounts attributable to
a county which the commissioner has authorized to cooperate in a
grant with a county or counties in an adjacent judicial district
shall be reallocated to that judicial district.
Subd. 5. [AWARD OF GRANT.] The commissioner shall
determine the amount of the grant for each applicant. Prior to
determining the amount of the grant, the commissioner must
determine that a facility of the size proposed is needed in the
proposed service area, and that the proposed facility meets the
minimum standards and requirements established by the
commissioner under section 241.0221, subdivision 4, paragraph
(a). The commissioner may reduce the amount of the grant below
the amount requested by the applicant if the commissioner
determines that the facility could be constructed at lesser
cost, or that a smaller facility is warranted. Grants shall be
for up to 75 percent of the cost of the facility, but not to
exceed the amount allocated for the counties in the judicial
district under subdivision 4. The grant may only be used for
capital expenditures to acquire, design, construct, renovate,
equip, and furnish a secure juvenile detention and treatment
facility.
Subd. 6. [AGREEMENT.] Counties receiving grants must agree
to provide the money needed to finance the nonstate share of the
cost of construction of the facility, and if the grant is to a
group of counties, the counties must specify how this cost is
allocated among the counties in the group. In Hennepin and
Ramsey counties, no more than 50 percent of this amount may be
used for short-term preadjudication secure beds, and each
facility shall have secure long-term postadjudication beds but
may have no more than 15 secure long-term postadjudication
beds. Counties receiving grants must also agree that the county
or group of counties will operate the facility according to the
minimum standards and requirements established by the
commissioner under section 241.0221, subdivision 4, paragraph
(a). Counties and groups of counties receiving grants must also
agree to make beds available to all other counties in the
judicial district. All costs of operation of the facility must
be paid by the county or counties receiving the grants, except
that costs for juveniles placed in the facility may be billed to
their county of residence by agreement among the counties or by
law.
Subd. 7. [BONDS FOR LOCAL SHARE.] Counties receiving a
grant under this section may issue general obligation bonds
under chapter 475 without an election to finance the nonstate
share of the cost of the facility, and the indebtedness will not
be included in the net debt limit of the county. Groups of
counties receiving a grant may issue these bonds individually,
or may agree that the bonds will be issued by a single county,
with the full faith, credit, and taxing power of each of the
counties in the group pledged for the repayment of the
obligations.
Subd. 8. [REALLOCATION OF UNUSED GRANT MONEY.] On December
31, 1995, the commissioner shall determine whether any money
remains of the appropriations made in 1994 for the purposes of
this section. If any money remains that has not been granted to
counties, the commissioner shall invite counties to submit
applications for capital improvements to acquire or better
publicly owned secure juvenile detention facilities. The
commissioner shall consider the needs of applicants for
improvements at the facilities and shall make grants to counties
whose needs, in the commissioner's judgment, are greatest.
Sec. 80. [PROGRAM FUNDING.]
A private nonprofit organization that leases or manages a
facility acquired or bettered with grant money appropriated in
this act must demonstrate to the commissioner of the agency
making the grant that the organization has the ability and a
plan to fund the program intended for the facility.
Sec. 81. [MUSEUMS IN ST. PAUL.]
The city of St. Paul may establish and maintain one or more
museums for purposes of public education and enlightenment,
including but not limited to a museum of natural science and
technology and a museum for children. The city may exercise the
powers granted in Minnesota Statutes, section 471.191, to
acquire and better facilities for a museum. Museum facilities
that have been acquired or bettered in whole or in part with the
proceeds of state bonds must be owned by the city but may be
leased to or managed by a nonprofit organization to carry out
the purposes of the museum program established by the city. The
lease or management agreement must comply with the requirements
of new Minnesota Statutes, section 16A.695.
Sec. 82. [GUIDELINES FOR CAPITAL PROJECT GRANTS.]
The commissioner of finance shall develop budget guidelines
for capital improvement projects that involve grants to
political subdivisions to acquire and better facilities to be
used for educational or cultural purposes. The commissioner
shall give particular attention to projects where the facilities
will be leased to or managed by a nonprofit organization. The
commissioner shall review budget guidelines and processes used
by other states to evaluate and prioritize projects of this
kind. The commissioner shall consider for inclusion in the
guidelines a method of measuring the fiscal capacity and fiscal
effort of nonprofit organizations and the political subdivisions
to whom the grants are proposed to be paid. The commissioner
shall report proposed guidelines to the legislature by November
15, 1994.
Sec. 83. [EFFECTIVE DATE.]
This act is effective the day after its final enactment,
except that section 71 is effective July 1, 1994, and applies to
electricity produced on and after that date.
Section 68 applies to land improved after July 1, 1994.
Presented to the governor May 9, 1994
Signed by the governor May 16, 1994, 3:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes