Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 246-H.F.No. 632
An act relating to capital improvements; cleaning up
lands contaminated by petroleum leaks; providing for
replacement of leaking underground petroleum tanks;
cleaning up contaminated building sites; transferring
authority to administer individual on-site sewage
treatment programs to the pollution control agency;
modifying sewer loan repayment provisions;
appropriating money for flood damage reduction and for
local bridges; modifying previous appropriations for
certain capital improvements; changing the source of
funds for certain projects; defining design and
predesign; transferring authority to administer grants
for certain projects; appropriating money; authorizing
the sale of state bonds; amending Minnesota Statutes
1996, sections 16B.335, subdivision 3; 115C.09, by
adding a subdivision; 116.18, subdivision 3c;
116J.554, subdivisions 1 and 2; 116J.556; and
446A.072, by adding a subdivision; Laws 1994 chapter
643, sections 3, subdivision 2; 10, subdivision 10, as
amended; 15, subdivisions 2 and 4; 19, subdivision 8,
as amended; and 23, subdivision 28, as amended, and by
adding a subdivision; Laws 1996, chapters 407, section
8, subdivision 3; and 463, sections 7, subdivision 9;
13, subdivisions 2, 4, and 8; 14, subdivision 7; 22,
subdivision 8; and 24, subdivision 8; Laws 1997,
chapter 202, article 1, section 35; proposing coding
for new law in Minnesota Statutes, chapter 116J;
repealing Laws 1994, chapter 643, section 19,
subdivision 11; Laws 1996, chapter 463, section 7,
subdivision 26; and Laws 1997, chapter 200, article 2,
section 5.
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
MINNESOTA STATE COLLEGES AND UNIVERSITIES $ 4,500,000
NATURAL RESOURCES 4,000,000
POLLUTION CONTROL AGENCY 7,400,000
PUBLIC FACILITIES AUTHORITY 7,000,000
AGRICULTURE 4,000,000
ADMINISTRATION 74,035,000
TRADE AND ECONOMIC DEVELOPMENT 7,000,000
TRANSPORTATION 3,000,000
BOND SALE EXPENSES 90,000
TOTAL $ 111,025,000
Bond Proceeds Fund 86,625,000
Transportation Fund 3,000,000
General Fund 13,600,000
Motor Vehicle Transfer Fund 7,800,000
APPROPRIATIONS
$
Sec. 2. MINNESOTA STATE COLLEGES
AND UNIVERSITIES
Hibbing Community and
Technical Colleges 4,500,000
This appropriation is to the board of
trustees of the Minnesota state
colleges and universities to construct
additions and install related
electrical and mechanical utilities at
the community college site to prepare
for collocation of programs.
Sec. 3. NATURAL RESOURCES
Flood Damage Reduction 4,000,000
This appropriation is to the
commissioner of natural resources to
fund flood damage reduction projects
under Minnesota Statutes, section
103F.161, including the nonfederal
portion of federal hazard mitigation
grant program projects. The
appropriation is available until
expended.
Sec. 4. POLLUTION CONTROL AGENCY
Subdivision 1. To the commissioner
of the pollution control agency for the
purposes specified in this section 7,400,000
Subd. 2. Individual Sewage Treatment Grants 1,000,000
This one-time appropriation is from the
general fund for grants to
municipalities for the purposes
specified in Minnesota Statutes,
section 116.18, subdivision 3c.
For purposes of grants awarded under
this section, the definition of
"individual on-site treatment system"
in Minnesota Statutes, section 116.18,
subdivision 3c, paragraph (b), also
includes an alternative discharging
sewage system serving one or more
dwellings and other establishments that
discharges less than 10,000 gallons of
water per day and uses any treatment
and disposal methods other than
subsurface soil treatment and disposal,
as permitted under Minnesota Statutes,
section 115.58.
Up to ten percent of this appropriation
may be used for administration of the
grants.
Subd. 3. Environmental Response,
Compensation, and Compliance 6,400,000
This appropriation is from the motor
vehicle transfer fund for transfer to
the environmental response,
compensation, and compliance fund and
is appropriated for the purposes
provided in Minnesota Statutes, chapter
115B. This amount must be included in
the agency's budgetary base for the
next biennium.
Sec. 5. PUBLIC FACILITIES AUTHORITY
Wastewater Infrastructure Fund Loans 7,000,000
$3,000,000 of this appropriation is
from the general fund.
This appropriation is to the public
facilities authority for loans to
eligible municipalities under the
wastewater infrastructure funding
program established in Minnesota
Statutes, section 446A.072.
From this appropriation, the public
facilities authority shall provide
supplemental assistance to a
municipality that, before the first
loans were made from the wastewater
infrastructure fund, incurred increased
project costs as a result of a
wastewater discharge into outstanding
resource value water. "Outstanding
resource value water" is water that has
high water quality, wilderness
characteristics, unique scientific or
ecological significance, exceptional
recreational value, or other special
qualities that warrant stringent
protection from pollution. The amount
of supplemental assistance under this
paragraph is up to 100 percent of the
increased project costs to comply with
the applicable discharge restrictions.
The agency shall determine the amount
of project costs attributable to the
discharge restrictions to the
outstanding resource value water. A
municipality may appeal the agency's
determination to the public facilities
authority within 60 days of
notification of the determination.
The public facilities authority, in
conjunction with the pollution control
agency, shall analyze and report to the
legislature by January 15, 1998, the
long-term financial implications to the
wastewater infrastructure fund of
providing supplemental assistance for
increased costs incurred for projects
that discharge wastewater into
outstanding resource value water.
Sec. 6. AGRICULTURE
Individual Sewage Treatment Systems 4,000,000
This one-time appropriation from the
general fund is to the commissioner of
agriculture to provide loans to
counties for loans to property owners
under Minnesota Statutes, section
17.117 or 115.57.
Individual counties may elect to apply
for and administer the loans under the
agricultural best management loan
practices program established in
Minnesota Statutes, section 17.117, or
under section 115.57. Regardless of
the section a county applies under, the
commissioner shall review and rank
allocation requests from counties under
the procedure and relevant criteria
listed in Minnesota Statutes, section
17.117, subdivision 9. Loans made
under Minnesota Statutes, section
17.117, with money appropriated under
this section must be used for site
evaluation, design, installation,
repair, and replacement of individual
sewage treatment systems only.
Notwithstanding the eligibility
criteria in Minnesota Statutes, section
17.117, subdivisions 1; and 4,
paragraph (e), all private landowners
in a county may apply for loans made
under this section. Loans made under
Minnesota Statutes, section 115.57, may
be used for any of the purposes
specified in that section. Counties
receiving funds under this section must
use the funds to administer loan
programs on a countywide basis.
Sec. 7. TRADE AND ECONOMIC DEVELOPMENT
Contaminated Site Cleanup 7,000,000
$5,600,000 of this appropriation is
from the general fund.
$1,400,000 of this appropriation is
from the motor vehicle transfer fund.
This appropriation is for transfer to
the contaminated site cleanup and
development account and is appropriated
for the purposes specified in Minnesota
Statutes, section 116J.551. Of this
amount, $7,000,000 must be included in
the department's budget base for the
next biennium.
Sec. 8. TRANSPORTATION
Local Bridge Replacement and
Rehabilitation 3,000,000
This appropriation is from the
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.
Sec. 9. BOND SALE EXPENSES 90,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8.
Sec. 10. [BOND SALE AUTHORIZATIONS.]
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 $86,625,000 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 $3,000,000 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.
Sec. 11. Minnesota Statutes 1996, section 16B.335,
subdivision 3, is amended to read:
Subd. 3. [PREDESIGN REQUIREMENT.] The definitions in
paragraphs (a) and (b) apply to this section.
(a) "Predesign" means the stage in the development of a
project during which the purpose, scope, cost, and schedule of
the complete project are defined and instructions to design
professionals are produced.
(b) "Design" means the stage in the development of a
project during which schematic, design development, and contract
documents are produced.
(c) 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 purpose, scope, cost,
and schedule of the project and must demonstrate that the
project has been analyzed according to appropriate space needs
standards.
Sec. 12. Minnesota Statutes 1996, section 115C.09, is
amended by adding a subdivision to read:
Subd. 3f. [REIMBURSEMENTS; SMALL GASOLINE RETAILERS.] (a)
As used in this subdivision, "small gasoline retailer" means a
responsible person who owns no more than one location where
motor fuel was dispensed into motor vehicles or aircraft in the
previous year.
(b) For eligible applicants who are small gasoline
retailers that have dispensed less than 500,000 gallons of motor
fuel during the most recent calendar year that petroleum
products were dispensed at the location owned by the retailer,
the board shall reimburse the applicant for 90 percent of the
applicant's total reimbursable cost for tank removal projects
started after January 1, 1997, including, but not limited to,
closure in place, backfill, resurfacing, and utility service
restoration costs, provided that the tank involved is a
regulated underground storage tank.
(c) For eligible applicants who are small gasoline
retailers that have dispensed less than 250,000 gallons of motor
fuel during the most recent calendar year that petroleum
products were dispensed at the location owned by the retailer,
provided that the tank involved is a regulated underground
storage tank, the board shall reimburse the applicant for 95
percent of the following costs:
(1) tank removal costs described in paragraph (b); and
(2) petroleum contamination cleanup as provided under
subdivision 1.
(d) This subdivision expires January 1, 2000.
Sec. 13. Minnesota Statutes 1996, section 116.18,
subdivision 3c, is amended to read:
Subd. 3c. [INDIVIDUAL ON-SITE TREATMENT SYSTEMS PROGRAM.]
(a) Beginning in fiscal year 1989, up to ten percent of the
money to be awarded as grants under subdivision 3a in any single
fiscal year, up to a maximum of $1,000,000, may be set aside for
the award of grants by the authority agency to municipalities to
reimburse owners of individual on-site wastewater treatment
systems for a part of the costs of upgrading or replacing the
systems.
(b) An individual on-site treatment system is a wastewater
treatment system, or part thereof, that uses soil treatment and
disposal technology to treat 5,000 gallons or less of wastewater
per day from dwellings or other establishments.
(c) Municipalities may apply yearly for grants of up to 50
percent of the cost of replacing or upgrading individual on-site
treatment systems within their jurisdiction, up to a limit of
$5,000 per system or per connection to a cluster system. Before
agency approval of the grant application, a municipality must
certify that:
(1) it has adopted and is enforcing the requirements of
Minnesota Rules governing individual sewage treatment systems;
(2) the existing systems for which application is made do
not conform to those rules, were constructed prior to January 1,
1977 are at least 20 years old, do not serve seasonal
residences, and were not constructed with state or federal
funds; and
(3) the costs requested do not include administrative
costs, costs for improvements or replacements made before the
application is submitted to the authority agency unless it
pertains to the plan finally adopted, and planning and
engineering costs other than those for the individual site
evaluations and system design.
(d) The federal and state regulations regarding the award
of state and federal wastewater treatment grants do not apply to
municipalities or systems funded under this subdivision, except
as provided in this subdivision.
(e) The authority shall award individual on-site wastewater
treatment grants to municipalities selected by the state
pollution control commissioner upon certification by the state
pollution control commissioner that the municipalities'
applications have been reviewed and approved in accordance with
this subdivision and agency rules adopted under paragraph (f).
(f) The agency shall adopt permanent rules regarding
priorities, distribution of funds, payments,
inspections, procedures for administration of the agency's
duties, and other matters that the agency finds necessary for
proper administration of grants awarded under this subdivision.
(g) The commissioner of trade and economic development may
adopt rules containing procedures for administration of the
authority's duties as set forth in paragraph (e).
Sec. 14. Minnesota Statutes 1996, section 116J.554,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] (a) The commissioner may make
a grant to an applicant development authority to pay for up to
75 percent of the cleanup project costs for a qualifying site,
except the grant may not exceed 50 percent of the project costs.
(b) The commissioner may also make a grant to an applicant
development authority to pay up to 75 percent or $50,000,
whichever is less, toward the cost of performing contaminant
investigations and the development of a response action plan for
a qualifying site.
(c) The commissioner may also make a grant to an applicant
to fill a site that would represent more than 50 percent of the
remaining land in a city suitable for industrial development if
it were properly filled.
(d) The determination of whether to make a grant for a
qualifying site is within the sole discretion of the
commissioner, subject to the process provided by this section,
and available unencumbered money in the appropriation. The
commissioner's decisions and application of the priorities under
section 116J.555 are not subject to judicial review, except for
abuse of discretion.
(e) The total amount of money provided in grants under
paragraph (b) may not exceed $250,000 per fiscal year.
(f) In making grants under paragraph (b), the commissioner
shall give priority to applicants that have not received a grant
under paragraph (a) or section 473.252 during the year ending on
the date of application.
Sec. 15. Minnesota Statutes 1996, section 116J.554,
subdivision 2, is amended to read:
Subd. 2. [QUALIFYING SITES.] A site qualifies for a grant
under this section, if the following criteria are met:
(1) the site is not scheduled for funding during the
current or next fiscal year under the Comprehensive
Environmental Response, Compensation, and Liability Act, United
States Code, title 42, section 9601, et seq. or under the
environmental response, and liability act under sections 115B.01
to 115B.24;
(2) the appraised value of the site after adjusting for the
effect on the value of the presence or possible presence of
contaminants using accepted appraisal methodology (i) is less
than 50 75 percent of the estimated cleanup project costs for
the site or (ii) is less than or equal to the estimated cleanup
costs for the site and the cleanup costs equal or exceed $3 per
square foot for the site; and
(3) if the proposed cleanup is completed, it is expected
that the site will be improved with buildings or other
improvements and these improvements will provide a substantial
increase in the property tax base within a reasonable period of
time or the site will be used for an important publicly owned or
tax-exempt facility.
Sec. 16. Minnesota Statutes 1996, section 116J.556, is
amended to read:
116J.556 [LOCAL MATCH REQUIREMENT.]
(a) In order to qualify for a grant under sections 116J.551
to 116J.557, the municipality must pay for at least one-half
one-quarter of the project costs as a local match. The
municipality shall pay an amount of the project costs equal to
at least 12 percent of the cleanup costs from the municipality's
general fund, a property tax levy for that purpose, or other
unrestricted money available to the municipality (excluding tax
increments). These unrestricted moneys may be spent for project
costs, other than cleanup costs, and qualify for the local match
payment equal to 12 percent of cleanup costs. The rest of the
local match may be paid with tax increments, regional, state, or
federal money available for the redevelopment of brownfields or
any other money available to the municipality.
(b) If the development authority establishes a tax
increment financing district or hazardous substance subdistrict
on the site to pay for part of the local match requirement, the
district or subdistrict is not subject to the state aid
reductions under section 273.1399. In order to qualify for the
exemption from the state aid reductions, the municipality must
elect, by resolution, on or before the request for certification
is filed that all tax increments from the district or
subdistrict will be used exclusively to pay (1) for project
costs for the site and (2) administrative costs for the district
or subdistrict. The district or subdistrict must be decertified
when an amount of tax increments equal to no more than three
times the costs of implementing the response action plan for the
site and the administrative costs for the district or
subdistrict have been received, after deducting the amount of
the state grant.
Sec. 17. [116J.57] [UNDERGROUND PETROLEUM TANK REPLACEMENT
LOAN PROGRAM.]
Subdivision 1. [LOAN PROGRAM.] (a) The commissioner shall
establish and implement an underground petroleum tank
replacement loan program to facilitate the continued operation
of small gasoline retailers, as defined in section 115C.09,
subdivision 3f, paragraph (a), in this state.
(b) The commissioner may make a direct loan for the cost of
a replacement tank to a small gasoline retailer who has
dispensed less than 500,000 gallons of motor fuel during the
previous year who demonstrates an ability to repay the loan.
The interest rate on the loan shall not exceed three percent per
year, and the term of the loan may not exceed seven years.
Loans made under this subdivision may not exceed $10,000 or the
total out-of-pocket expenses of the small gasoline retailer for
tank replacement, whichever is less. Payments on the principal
shall be credited to the petroleum tank fund under section
115C.08. The interest payments must be deposited in the state
treasury and credited to an account in the special revenue
fund. Money in this account is appropriated to the commissioner
for administrative expenses of the underground petroleum tank
replacement loan program.
Subd. 2. [APPROPRIATION.] An amount necessary is
appropriated from the petroleum tank release cleanup fund to the
commissioner of trade and economic development for the
underground petroleum tank replacement loan program established
under this section.
Subd. 3. [EXPIRATION.] This section expires January 1,
2000.
Sec. 18. Minnesota Statutes 1996, section 446A.072, is
amended by adding a subdivision to read:
Subd. 4a. [LOAN REPAYMENT; NEW DEVELOPMENT.] (a) For the
purposes of this subdivision, "loan" includes a loan that has
been forgiven under this section.
(b) A municipality that receives a supplemental assistance
loan under this section that, within 20 years after receiving
the assistance, extends sewer service to serve a residential,
industrial, or commercial development that is completed on
unplatted land after March 1, 1996, or that is on a lot whose
plat was recorded after that date, must repay a portion of the
loan to the authority before providing the sewer connection.
The commissioner shall calculate the amount to be repaid by
first determining the number of households included in the
extension financed by the original loan. The commissioner must
then determine the present value of the original loan amount.
The interest rate used to calculate the present value must be
equivalent to the interest rate on the loan made to the
municipality under section 446A.07 at the time of the original
supplemental assistance loan under this section. The
commissioner must then divide the present value of the loan by
the number of households included in the original loan. For an
extension to a residential development, the repayment to the
authority must be equal to the per household amount calculated
for the original loan multiplied by the number of households in
the proposed extension. For an extension to a commercial or
industrial development, the commissioner shall determine the
repayment to the authority by using the per household amount
calculated for the original loan to calculate a proportionally
equivalent amount based on the projected wastewater discharge
from the proposed development. The total repayments to the
authority under this paragraph may not exceed the original
amount of the supplemental assistance loan. The repayment must
be processed as provided in subdivision 7.
(c) The authority shall waive the loan repayment if the
commissioner determines that the community in which the sewer
extension is undertaken meets the following conditions:
(1) there is a shortage of decent, safe, and affordable
housing;
(2) the housing units served by the sewer extension are
located in an incorporated area; and
(3) the housing units served by the sewer extension are
moderately priced.
The authority shall also waive the loan repayment if the
commissioner determines that the population of the community in
which the sewer extension is undertaken has declined by more
than ten percent since the preceding federal decennial census.
The commissioner shall provide the determinations made
under this paragraph to the authority to be included in the
reports required by subdivision 11.
Sec. 19. Laws 1994, chapter 643, section 3, subdivision 2,
is amended to read:
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,
and for an exterior stone testing
program. No more than $35,000 of this
appropriation is to the capitol area
architectural and planning board for
design review fees.
Sec. 20. Laws 1994, chapter 643, section 10, subdivision
10, as amended by Laws 1995, First Special Session chapter 2,
article 1, section 42, is amended to read:
Subd. 10. Rochester Technical College University
Center Rochester 1,200,000
This appropriation is to the board of
trustees of the Minnesota state
colleges and universities for predesign
and design of an integrated campus in
accordance with this subdivision.
$600,000 of this appropriation is
available immediately. The remainder
is available after a master academic
plan has been approved under clause (3)
and the technical college has been
sold., remodeling of student support
facilities, remodeling of facilities
for joint academic programming, and
construction of roads and other
infrastructure to integrate the campus
for the delivery of consolidated
college, state university, and
University of Minnesota programs at the
University Center Rochester. Planning
may include consideration of
codevelopment of facilities with local
units of government.
(1) The board of trustees of the
Minnesota state colleges and
universities may enter into an
agreement for the sale of the Rochester
Technical College. The sale is
contingent on the approval of the board
of trustees and a determination by the
board of trustees that the sale is
consistent with its priorities. The
sale price shall equal the appraised
value if sold to independent school
district No. 535, Rochester, or, if
sold to any other party, the sale price
shall not be less than 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. The plan shall
be submitted for review to the higher
education finance divisions by January
16, 1996, and must be approved by the
legislature before the remaining
$600,000 of the appropriation is
available.
(4) The proceeds from the sale of the
technical college are appropriated for
the design 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 trustees
may not begin construction of this
project until the legislature has
approved the construction plans.
(5) The state board of trustees 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 trustees 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.
Sec. 21. Laws 1994, chapter 643, section 15, subdivision
2, is amended to read:
Subd. 2. Bloomington Ferry Bridge 7,631,000 5,131,000
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.
Sec. 22. Laws 1994, chapter 643, section 15, subdivision
4, is amended to read:
Subd. 4. Local Bridge
Replacement and Rehabilitation 12,445,000 14,945,000
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.
Sec. 23. Laws 1994, chapter 643, section 19, subdivision
8, as amended by Laws 1995, First Special Session chapter 2,
article 1, section 45, is amended to read:
Subd. 8. Battle Point
Historic Site 350,000
This appropriation is to the Indian
Affairs Council for design 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.
Notwithstanding Laws 1990, chapter 610,
article 1, section 17, the planned
educational center will be owned by
independent school district No. 115,
Cass Lake-Bena the state with custodial
control assigned to the Indian Affairs
Council, and is subject to Minnesota
Statutes, section 16A.695. The center
must be constructed on land leased to
the school district state by the Leech
Lake 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 ground lease must be
executed by the commissioner of
administration under Minnesota
Statutes, section 16B.24, subdivision
6, based on the recommendations of the
Indian Affairs Council, provided that,
notwithstanding the limitations of
section 16B.24, subdivision 6, the
lease must be for the initial term
described in this subdivision. The
ground lease must be administered by
the Indian Affairs Council. The school
district Indian Affairs Council must
contract with the Leech Lake Band to
operate the center on behalf of the
council. The center and all classes
and programs run by or through the
center must be open to the
public. Notwithstanding Minnesota
Statutes, section 3.922, for the
purposes of carrying out the duties
assigned to it in this subdivision, the
Indian Affairs Council is authorized to
assume custodial control over the
planned educational center, administer
the ground lease, enter into the
contract described in this subdivision
with the Leech Lake Band to operate the
center, and take any other action
necessary to carry out the duties
assigned to it in this subdivision and
to a public officer or agency by
Minnesota Statutes, section 16A.695.
Sec. 24. Laws 1994, chapter 643, section 23, subdivision
28, as amended by Laws 1995, First Special Session chapter 2,
article 1, section 48, is amended to read:
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) and (b) are available as follows:
(1) of the $7,500,000 total, $5,000,000
is available only when the commissioner
has determined that matching money in
the sum of $12,500,000, up to 25
percent of which may consist of loans,
has been committed by nonstate
sources for predesign, design, and
construction of the facilities named in
items (a) and (b), and the following
privately owned residential
environmental learning centers: Wolf
Ridge Environmental Learning Center,
Northwoods Audubon Center, and
Southeastern Minnesota Forest Resource
Center; and (2) the remaining
$2,500,000 is available to the extent
that matching money, which may include
loans, in the amount of $2 $1 for each
$1 of state money is committed by
nonstate sources, as determined by the
commissioner, provided that money may
not be spent under this sentence until
the amount available, including
matching any money from nonstate
sources that is allocated to a facility
in item (a) or (b), is sufficient to
complete a functional improvement at
the facility. Up to 25 percent of the
total amount of money committed by
nonstate sources under this subdivision
may consist of loans.
After the first $12,500,000 has been
committed by nonstate sources for the
Long Lake Conservation Center, the Deep
Portage Conservation Reserve, the Wolf
Ridge Environmental Learning Center,
the Northwoods Audubon Center, and the
Southeastern Minnesota Forest Resource
Center, the appropriations in items (a)
and (b) must be distributed and
administered separately for each
facility. Money from nonstate sources
required for the balances of the
appropriations in items (a) and (b)
must be committed as required in this
section for each facility separately to
allow functional improvements, but work
at the facilities need not proceed
simultaneously. Funds raised or
borrowed after January 1, 1992, and
spent or committed to be spent for
predesign, design, or construction of
these facilities are eligible to count
toward the required commitment from
nonstate sources, and, upon proper
application, nonstate money spent after
that date for qualified capital
expenditures at the Long Lake
Conservation Center and the Deep
Portage Conservation Reserve shall be
reimbursed by the commissioner from
money appropriated for these
facilities, to allow the nonstate money
to be used for qualified capital
expenditures at the Wolf Ridge
Environmental Learning Center, the
Northwoods Audubon Center, and the
Southeastern Minnesota Forest Resource
Center.
The predesign and design requirements
of Minnesota Statutes, section 16B.335,
do not apply to the specific
appropriations for these facilities in
this section.
(a) Long Lake Conservation Center 1,200,000 3,370,000
This appropriation is for a grant to
Aitkin county.
(b) Deep Portage Conservation Reserve 1,470,000 4,130,000
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) (c) Forest Resource Eagle Bluff
Environmental Learning 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 provide financing for the
predesign, design, or construction of
environmental education facilities at
the Eagle Bluff Environmental Learning
Center, the right of reverter retained
by the state is waived in favor of the
lender.
For the purposes of this subdivision,
"nonstate source" means a source of
money other than a direct state
appropriation for an environmental
learning center.
(f) (d) Agassiz Environmental
Learning Center 300,000
This appropriation is for a grant to
the city of Fertile.
(g) (e) Laurentian Environmental
Learning Center 450,000
This appropriation is for a grant to
independent school district No. 621,
Mounds View.
(h) (f) Prairie Woods
Environmental Learning Center 250,000
This appropriation is for a grant to
Kandiyohi county.
(i) (g) 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.
Sec. 25. Laws 1994, chapter 643, section 23, is amended by
adding a subdivision to read:
Subd. 31. St. Croix Valley
Heritage Center 150,000
To the commissioner of natural
resources for a grant to the city of
Taylors Falls to prepare a preliminary
design for a heritage center, subject
to Minnesota Statutes, section 16A.695.
Sec. 26. Laws 1996, chapter 407, section 8, subdivision 3,
is amended to read:
Subd. 3. Parks and Trails
(a) Metropolitan Regional Park System 1,000,000 850,000
This appropriation is from the future
resources fund for payment by the
commissioner of natural resources to
the metropolitan council for subgrants
to rehabilitate, develop, acquire, and
retrofit the metropolitan regional park
system consistent with the metropolitan
council regional recreation open space
capital improvement program.
This appropriation may be used for the
purchase of homes only if the purchases
are expressly included in the work
program approved by the legislative
commission on Minnesota resources.
(b) State Park and Recreation
Area Acquisition 1,000,000
This appropriation is from the trust
fund to the commissioner of natural
resources for acquisition of land
within the statutory boundaries of
state parks and recreation areas.
(c) Local Grants 895,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide matching
grants to local units of government for
local park and recreation areas; trail
linkages between communities, trails,
and parks; and at least $100,000 for
the conservation partners program as
provided in Laws 1995, chapter 220,
section 19, subdivision 4, paragraph
(e). In addition to the required work
program, grants may not be approved
until grant proposals to be funded have
been submitted to the legislative
commission on Minnesota resources, and
the commission has either made a
recommendation or allowed 60 days to
pass without making a recommendation.
The above appropriations are available
half for the seven-county metropolitan
area and half for outside the
metropolitan area. For the purposes of
this paragraph, match includes nonstate
contributions in either cash or in-kind.
(d) Chippewa County Regional Trail 410,000
This appropriation is to the
commissioner of natural resources from
the future resources fund for a grant
to the city of Montevideo for
acquisition and development of the
Chippewa county regional trail.
Sec. 27. Laws 1996, chapter 463, section 7, subdivision 9,
is amended to read:
Subd. 9. Metro Regional Park
Rehabilitation, Acquisition, and
Development 9,400,000 9,550,000
This appropriation is for payment by
the commissioner of natural resources
to the metropolitan council. The
commissioner shall pay the amount on a
reimbursement basis 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 rehabilitation,
acquisition, and development by the
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. The metropolitan
council, in cooperation with the city
of St. Paul, must develop a plan and
fund the restoration of oak savannah
remnants in two regional parks in
Ramsey county. 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 law and they are
expressly approved by the legislative
commission on Minnesota resources.
Sec. 28. Laws 1996, chapter 463, section 13, subdivision
2, is amended to read:
Subd. 2. Capital Asset
Preservation and Replacement (CAPRA) 12,000,000
To be spent in accordance with
Minnesota Statutes, section 16A.632.
Up to $900,000 of the money
appropriated in this subdivision may be
used as necessary to renovate the
Governor's Residence in St. Paul for
life safety, code, security, and
ancillary storage facility improvements.
Up to $600,000 of the money
appropriated in this subdivision may be
used to continue the electrical utility
infrastructure conversion of the
primary feeder loop system to a primary
selective system by rerouting the
system around the capitol.
In accordance with Minnesota Statutes,
section 16B.31, subdivision 6, the
commissioner of administration shall
identify the condition and suitability
of all major state buildings and office
space and report the commissioner's
findings by June 30, 1997, to the
chairs of the senate committee on
finance and the house of
representatives committees on ways and
means and on capital investment. The
report must identify the useful life,
the current condition, the estimated
cost of currently needed repairs, and
the suitability for the current state
purposes of all major state-owned
buildings and office space owned or
leased by the state. The legislature
intends to use the report in
considering future appropriations to
the commissioner of administration and
to state agencies for asset
preservation.
Sec. 29. Laws 1996, chapter 463, section 13, subdivision
4, is amended to read:
Subd. 4. Renovate Capitol
Building 7,400,000
8,435,000
$4,800,000 is to predesign, design, and
reconstruct the northeast terrace and
predesign and design the northwest
terraces terrace of the capitol
building.
$1,400,000 is to renovate the lantern
and related structures on the capitol
dome.
$1,200,000 $2,235,000 is to predesign,
design, construct, furnish, and equip
the renovation of the capitol cafeteria
including full-service kitchen and
related spaces. The appropriation is
available after review and comment by
the council on disability.
The balance of the appropriation in
this subdivision that is not needed for
the projects specified may be used for
other structural stabilization projects
at the capitol or to improve the
capitol mall.
Sec. 30. Laws 1996, chapter 463, section 13, subdivision
8, is amended to read:
Subd. 8. Revenue Facilities
Design 1,950,000
74,950,000
To design, construct, furnish, and
equip new revenue department
facilities, including parking to
accommodate approximately 950 vehicles.
$1,450,000 of this appropriation is not
available until the report required by
subdivision 10 has been completed.
Notwithstanding Minnesota Statutes,
section 15.50, subdivision 2, paragraph
(e), plans for the building need not be
selected through a design competition.
The plans for the facilities for the
department of revenue may provide for
two or more buildings in separate
locations. The principal
administrative offices of the
department must be located in or near
the capitol area. Other operations may
be located outside of the capitol area
as appropriate and conveniently
situated for efficient operations of
the department.
The design development phase of the
revenue department building project
must include an analysis of the cost,
benefit, and operational feasibility of
relocating revenue department jobs to
areas in greater Minnesota.
The commissioner of administration may
use a design-build method of project
development and construction for this
project. The commissioner may award a
design-build contract on the basis of
requests for proposals or requests for
qualifications without bids.
The building must be located within an
eight-mile radius of the capitol,
providing approximately 315,000 net
square feet, and at a cost not to
exceed $74,950,000, including the
parking ramp, inflation adjustments,
and other contingencies.
Notwithstanding Minnesota Statutes,
section 15.50, subdivision 2,
paragraphs (c) and (e), if the building
is constructed within the capitol area
as defined in paragraph (a) of that
subdivision, plans for the building
need not conform to the comprehensive
plan for the area and need not be
selected through a design competition.
As an alternative to constructing a new
building, the commissioner of
administration may use this
appropriation to purchase the building
currently leased and occupied by the
department of revenue as its
headquarters at 10 River Park Place.
This appropriation may not be used to
remodel or renovate 10 River Park
Place. Any appropriation for those
purposes should be requested by the
commissioner of administration as part
of the 1998 capital budget.
If the commissioner of administration
determines that it is not feasible to
construct the new facilities within the
capitol area within the time allowed
and within the limits of this
appropriation, and that the
commissioner is not able to purchase
the building and land leased by the
state at 10 River Park Place for
$23,000,000 or less, the commissioner
may locate the new facilities within
the city of Inver Grove Heights. If
the facilities are located within the
city of Inver Grove Heights, this
appropriation is reduced to $46,000,000.
Sec. 31. Laws 1996, chapter 463, section 14, subdivision
7, is amended to read:
Subd. 7. Mariucci Ice
and Tennis Facility 7,000,000
To the board of regents of the
University of Minnesota to predesign,
design, construct, and equip a new
facility adjacent to Mariucci arena on
the Minneapolis campus to include an
ice sheet one or more ice sheets and
tennis courts.
Sec. 32. Laws 1996, chapter 463, section 22, subdivision
8, is amended to read:
Subd. 8. Pickwick Mill 150,000
For a grant to Winona county for
renovation of the historic Pickwick
Mill.
This appropriation is from the
Minnesota future resources fund and is
available until June 30, 1999.
Sec. 33. Laws 1996, chapter 463, section 24, subdivision
8, is amended to read:
Subd. 8. Lyn/Lake/Jungle
Theatre Performing Arts Center 335,000
For a grant to Hennepin county to
design, construct, furnish, and equip
the Lyn/Lake/Jungle Theatre community
performing arts center to provide a
community theater and rehearsal space,
offices, classrooms and meeting rooms
for performing arts organizations, arts
education, and arts development and
outreach in a formerly tax-forfeited
structure in Hennepin county. Hennepin
county may contract with a nonprofit
organization for operation of the
center, subject to Minnesota Statutes,
section 16A.695. This appropriation is
not available until the commissioner
has determined that at least $1,630,000
has been committed by nonstate sources
to complete the Lyn/Lake/Jungle Theatre
main stage in a nearby building owned
and operated by the Jungle Theater and
that $100,000 has been committed by
nonstate sources to complete the
community performing arts center. This
is the final state appropriation for
this project.
Sec. 34. Laws 1997, chapter 202, article 1, section 35, if
enacted, is amended to read:
Sec. 35. BOND SALE SCHEDULE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1999, no more
than $545,457,000 $560,457,000 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. 35. [REPEALER.]
Laws 1994, chapter 643, section 19, subdivision 11; Laws
1996, chapter 463, section 7, subdivision 26; and Laws 1997,
chapter 200, article 2, section 5, are repealed.
Sec. 36. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Presented to the governor May 29, 1997
Signed by the governor June 2, 1997, 2:04 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes