language to be deleted (2) new language
CHAPTER 12-H.F.No. 8 An act relating to capital improvements; authorizing spending for public purposes, including, but not limited to, acquiring and bettering public land and buildings and other public improvements of a capital nature with certain conditions; authorizing the sale of state bonds; appropriating money; reenacting certain corrections made by Laws 2000, chapter 499, sections 12, 15, 17, and 18; amending Minnesota Statutes 2000, section 16B.335, subdivision 1; Laws 1998, chapter 404, section 23, subdivision 30; Laws 2000, chapter 492, article 1, section 7, subdivision 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [CAPITAL IMPROVEMENT 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 for public purposes, including, but not limited to, acquiring and bettering public land and buildings and other public improvements of a capital nature, as specified in this act. Unless otherwise specified, the appropriations in this act are available until the project is completed or abandoned. SUMMARY CHILDREN, FAMILIES, AND LEARNING 20,700,000 NATURAL RESOURCES 2,000,000 BOARD OF WATER AND SOIL RESOURCES 53,487,000 POLLUTION CONTROL AGENCY 20,500,000 ADMINISTRATION 3,400,000 TRANSPORTATION 10,000,000 TRADE AND ECONOMIC DEVELOPMENT 8,000,000 BOND SALE EXPENSES 118,000 TOTAL $ 118,205,000 Bond Proceeds Fund 99,205,000 Maximum Effort School Loan Fund 19,000,000 APPROPRIATIONS $ Sec. 2. CHILDREN, FAMILIES, AND LEARNING Subdivision 1. To the commissioner of children, families, and learning for the purposes specified in this section 20,700,000 Subd. 2. Metropolitan Magnet Schools 1,700,000 For a metropolitan magnet school grant to school district No. 6067, Tri-District, to complete construction of, furnish, and equip the East Metro middle school. This appropriation is added to the appropriations in Laws 1998, chapter 404, section 5, subdivision 5; Laws 1999, chapter 240, article 1, section 3; and Laws 2000, chapter 492, article 1, section 5, subdivision 2, for the same project. Subd. 3. Maximum Effort Capital Loan 19,000,000 For a capital loan to independent school district No. 2580, East Central, under Minnesota Statutes 2000, sections 126C.60 to 126C.72. A capital loan in this amount is approved. Notwithstanding the timelines in Minnesota Statutes 2000, section 126C.69, subdivision 3, 6, 7, or 11, or the application limitation in Laws 2000, chapter 492, article 1, section 5, subdivision 5, independent school district No. 2580, East Central, may apply to the department of children, families, and learning for a maximum effort capital loan. The commissioner of children, families, and learning shall complete the review and comment process according to Minnesota Statutes 2000, section 126C.69, subdivisions 3, 4, 5, and 8, for the project approved in this subdivision. The commissioner shall review the proposed plan and budget of the project approved in this subdivision and may reduce the amount of a 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 a district. Notwithstanding Minnesota Statutes, section 123B.53, subdivision 3, independent school district No. 2580, East Central, must notify the commissioner of children, families and learning of the amount of its intended debt service revenue calculated under section 123B.53, subdivision 1, for all bonds sold by the district prior to the notification by September 1, 2001. Sec. 3. NATURAL RESOURCES 2,000,000 Flood Hazard Mitigation Grants To the commissioner of natural resources for grants to local units of government under Minnesota Statutes, section 103F.161, for publicly owned capital improvements to assist with the cost of mitigative storm drainage system improvement and other flood mitigation measures. $234,000 of this appropriation is for projects in the Red River basin. Sec. 4. BOARD OF WATER AND SOIL RESOURCES Subdivision 1. To the board of water and soil resources for the purposes specified in this section 53,487,000 Subd. 2. Minnesota River Basin Conservation Reserve Enhancement Program 51,487,000 To acquire easements and implement conservation practices on frequently flooded cropland, including land within the 100-year floodplain and the major tributaries; on marginal cropland along rivers and streams; and on drained or altered wetlands in the Minnesota River basin to protect soil, enhance water quality, and support fish and wildlife habitat as provided in Minnesota Statutes, sections 103F.515 and 103F.516. Of this amount, $43,000,000 is to acquire easements and $8,487,000 is for administrative costs to acquire the easements, both under this act and under Laws 2000, chapter 492, article 1, section 9, subdivision 3. Subd. 3. Wetland Replacement Due to Public Road Projects 2,000,000 To acquire land for wetlands or restore wetlands to be used to replace wetlands drained or filled as a result of the repair, maintenance, or rehabilitation of existing public roads as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraph (1). The purchase price paid for acquisition of land, fee, or perpetual easement, must be the amount deemed reasonable by the board. The board may enter into agreements with the federal government, other state agencies, political subdivisions, and nonprofit organizations or fee owners to acquire land and restore and create wetlands and to acquire existing wetland banking credits with money provided by this appropriation. Acquisition of or the conveyance of land may be in the name of the political subdivision. Sec. 5. POLLUTION CONTROL AGENCY 20,500,000 Closed Landfill Cleanup Program To the commissioner of the pollution control agency for capital costs of response actions at qualified facilities under the closed landfill cleanup program under Minnesota Statutes, sections 115B.39 to 115B.445. Notwithstanding Minnesota Statutes, section 16A.642, any part of this appropriation not expended, encumbered, or otherwise obligated on February 1, 2005, must be included in the report submitted under Minnesota Statutes, section 16A.642, in 2005. Sec. 6. ADMINISTRATION Subdivision 1. To the commissioner of administration for the purposes specified in this section 3,400,000 Subd. 2. State Office Building 2,200,000 To complete tuckpointing and masonry repair on the north and west sides of the building and the associated interior remediation work. Subd. 3. Electrical Utility 1,200,000 Infrastructure, Phase 5 To upgrade the primary electrical distribution system in the capitol complex. Sec. 7. TRANSPORTATION 10,000,000 To the commissioner of transportation for local bridge replacement and rehabilitation. 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 of preliminary engineering and environmental studies authorized under Minnesota Statutes, section 174.50, subdivision 6a; (3) paying the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made; and (4) 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. Sec. 8. TRADE AND ECONOMIC DEVELOPMENT Subdivision 1. To the commissioner of trade and economic development for the purposes specified in this section 8,000,000 Subd. 2. For a grant of 7,000,000 $5,000,000 to the city of Eagan, and a grant of $2,000,000 to the city of Austin, to pay costs not covered by federal disaster programs under the Presidential Declaration of Major Disaster No. 1333, for publicly owned capital improvements, including storm drainage system improvements, acquisition, relocation, and other mitigation measures. Subd. 3. Port Authority of St. Paul 1,000,000 For a grant to the port authority of the city of Saint Paul for the acquisition of the Trillium site in the city of Saint Paul. * (The preceding subdivision was indicated as vetoed by the governor.) Sec. 9. BOND SALE EXPENSES 118,000 To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. Sec. 10. BOND SALE SCHEDULE The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 2003, no more than $629,739,000 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. 11. [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 shall sell and issue bonds of the state in an amount up to $99,205,000 in the manner, on 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. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the money appropriated by this act from the maximum effort school loan fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $19,000,000 in the manner, on 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. 12. Minnesota Statutes 2000, section 16B.335, subdivision 1, is amended to read: Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] (a) The commissioner, or any other 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 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, and the chair of the house capital investment committee is notified. "Construction or major remodeling" means construction of a new building, a substantial addition to an existing building, or a substantial change to the 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 or from the predesign submittal. 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. The chairs of the senate finance committee, the house capital investment committee, and the house ways and means committee must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost. (b) Capital projects exempt from the requirements of this subdivision include demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the commissioner of transportation has entered into an assistance agreement under section 457A.04, ice centers, a local government project with a construction cost of less than $1,500,000, or any other capital project with a construction cost of less than
$500,000$750,000. Sec. 13. Laws 1998, chapter 404, section 23, subdivision 30, is amended to read: Subd. 30. Itasca County School-to-WorkTraining and Technology Center 2,000,000 For a grant to Itasca county to design and construct a school-to-worktraining and technology center in conjunction with the school district, the city of Nashwauk, and private industry. Each dollar of state money must be matched by $1 of nonstate money.For every dollar of nonstate money committed to the project, two dollars of this appropriation are available to the county, up to the total amount appropriated. This appropriation is from the general fund. Sec. 14. Laws 2000, chapter 492, article 1, section 7, subdivision 3, is amended to read: Subd. 3. Office Facility Development 3,250,000 To design, acquire, remodel, refurbish, construct, furnish, and equip a consolidated area office and service facility in Fergus Falls. Sec. 15. [REENACTMENT OF CORRECTIONS TO 2000 BOND PROVISIONS.] The amendments made to Laws 2000, chapter 492, article 1, sections 1; 22, subdivision 3; 25; and 26, subdivision 1; by Laws 2000, chapter 499, sections 12, 15, 17, and 18, respectively, are reenacted. Sec. 16. [EFFECTIVE DATE.] This act is effective the day following its final enactment. Presented to the governor June 30, 2001 Signed by the governor June 30, 2001, 8:37 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes