Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 393-H.F.No. 3618
An act relating to capital improvements; authorizing
spending to acquire and better public land and
buildings and other public improvements of a capital
nature with certain conditions; requiring certain
studies and reports; authorizing sale of state bonds;
canceling earlier appropriations and reducing earlier
bond authorizations; making technical corrections and
clarifications; making changes to statutes related to
administration of the state's capital improvement
program; requiring an inventory of state-owned land;
clarifying that the commissioner of administration
does not have authority over construction plans and
specifications at the University of Minnesota;
authorizing the design-build method for certain
construction projects; establishing the greater
Minnesota business development public infrastructure
grant program; creating a trunk highway corridor
projects account; changing the wastewater
infrastructure funding program; authorizing an
agreement in connection with the Great River Road
project; prohibiting certain actions in connection
with the Dan Patch commuter rail line; authorizing a
multiagency working group on the DM&E rail project
mitigations; providing for the conversion of certain
general fund expenditures to bond fund expenditures;
establishing a shoreland protection program; requiring
a report; appropriating money; amending Minnesota
Statutes 2000, sections 16A.11, subdivision 6;
16A.501; 16A.632, subdivision 2; 16A.86, subdivision
3; 16B.31, subdivision 1; 16B.33, by adding a
subdivision; 16B.335, subdivision 3; 85.019,
subdivisions 4a, 4c; 103F.205, subdivision 1; 134.45,
subdivision 5; 135A.046, subdivision 2; 136F.60,
subdivision 1; 240A.02, subdivision 1; 446A.07,
subdivision 4; 446A.072, subdivisions 1, 3, 6, 7, 8,
9, 11, 12, by adding subdivisions; 446A.12,
subdivision 1; Laws 1987, chapter 400, section 8,
subdivision 5; Laws 2000, chapter 492, article 1,
section 3, subdivision 5; Laws 2000, chapter 492,
article 1, section 12, subdivision 7; Laws 2000,
chapter 492, article 1, section 15, subdivision 4;
Laws 2000, chapter 492, article 1, section 22,
subdivision 3, as amended; Laws 2000, chapter 492,
article 1, section 22, subdivision 4; Laws 2000,
chapter 492, article 1, section 27; Laws 2001, First
Special Session chapter 12, section 10; 2002 H.F. No.
3270, article 11, if enacted; proposing coding for new
law in Minnesota Statutes, chapters 16B; 16C; 103F;
116J; 174; 383B; repealing Minnesota Statutes 2000,
sections 116J.561, 116J.562, 116J.563, 116J.564,
116J.565, 116J.566, 116J.567, 446A.072, subdivisions
2, 4, 5, 10, 13.
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. Appropriations of bond proceeds must be spent
as authorized by the Minnesota Constitution, article XI, section
5, paragraph (a), to acquire and better public land and
buildings and other public improvements of a capital nature, or
as authorized by article XI, section 5, paragraphs (b) to (j),
or article XIV. Unless otherwise specified, the appropriations
in this act are available until the project is completed or
abandoned. Appropriations for asset preservation not spent or
encumbered by June 30, 2004, are canceled July 1, 2004.
SUMMARY
UNIVERSITY OF MINNESOTA $ 160,209,000
MINNESOTA STATE COLLEGES AND UNIVERSITIES 209,563,000
PERPICH CENTER FOR ARTS EDUCATION 768,000
CHILDREN, FAMILIES, AND LEARNING 34,900,000
MINNESOTA STATE ACADEMIES 1,500,000
NATURAL RESOURCES 101,612,000
POLLUTION CONTROL AGENCY 10,000,000
OFFICE OF ENVIRONMENTAL ASSISTANCE 4,750,000
BOARD OF WATER AND SOIL RESOURCES 8,250,000
AGRICULTURE 15,292,000
ZOOLOGICAL GARDENS 11,184,000
ADMINISTRATION 83,722,000
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 646,000
AMATEUR SPORTS COMMISSION 8,250,000
ARTS 31,000,000
MILITARY AFFAIRS 4,357,000
TRANSPORTATION 92,500,000
METROPOLITAN COUNCIL 30,500,000
COMMERCE 5,000,000
HEALTH 775,000
HUMAN SERVICES 22,838,000
VETERANS HOMES BOARD 12,898,000
CORRECTIONS 25,870,000
TRADE AND ECONOMIC DEVELOPMENT 84,650,000
IRON RANGE RESOURCES AND REHABILITATION BOARD 1,500,000
HOUSING FINANCE AGENCY 16,200,000
MINNESOTA HISTORICAL SOCIETY 3,967,000
BOND SALE EXPENSES 880,000
CANCELLATIONS (4,437,000)
TOTAL $ 979,144,000
Bond Proceeds Fund
(General Fund Debt Service) 836,085,000
Bond Proceeds Fund
(User Financed Debt Service) 96,550,000
General Fund 5,946,000
General Fund Cancellations (2,488,000)
Bond Proceeds Cancellations (1,949,000)
State Transportation Fund
Bond Proceeds Account 45,000,000
APPROPRIATIONS
$
Sec. 2. UNIVERSITY OF MINNESOTA
Subdivision 1. To the board of regents
of the University of Minnesota for the
purposes specified in this section 160,209,000
Subd. 2. Higher Education Asset
Preservation and Replacement 35,000,000
To be spent in accordance with
Minnesota Statutes, section 135A.046.
The unspent portion of an
appropriation, but not to exceed ten
percent of the appropriation, for a
project in this section that is
complete, is available for higher
education asset preservation and
replacement under this subdivision, at
the same campus as the project for
which the original appropriation was
made and the debt service requirement
under subdivision 10 is reduced
accordingly. Minnesota Statutes,
section 16A.642, applies from the date
of the original appropriation to the
unspent amount transferred.
The board of regents must report by
February 1 each even-numbered year to
the chairs of the house and senate
committees with jurisdiction over
capital investments, and to the chairs
of the house ways and means committee
and the senate finance committee, any
project savings and reallocations for
higher education asset preservation and
replacement.
Subd. 3. Twin Cities - Minneapolis
(a) Jones Hall 8,000,000
To renovate Jones Hall on the
Minneapolis campus.
The board of regents may use the
single-phase design-build method
described in new Minnesota Statutes,
section 16C.31, subdivision 6,
paragraph (c), to implement this
project. * (The preceding text
beginning "(a) Jones Hall" was
indicated as vetoed by the governor.)
(b) Nicholson Hall 24,000,000
To design, renovate, furnish, and equip
Nicholson Hall, including complete
renovation of the original building and
demolition of the 1925 wing and 1946
auditorium.
The board of regents may use the
single-phase design-build method
described in new Minnesota Statutes,
section 16C.31, subdivision 6,
paragraph (c), to implement the
Nicholson Hall renovation project.
(c) Translational Research Facility 24,700,000
To design, construct, furnish, and
equip the Translational Research
Facility, an addition to the Lyons
Research Lab building on the
Minneapolis campus.
This appropriation is not available
until the commissioner of finance has
determined that at least $12,300,000
has been committed from nonstate
sources.
The board of regents may use the
two-phase design-build method described
in new Minnesota Statutes, section
16C.31, to implement this project. *
(The preceding text beginning "(c)
Translational Research Facility" was
indicated as vetoed by the governor.)
(d) Teaching and Technology Center 3,000,000
To predesign and design a teaching and
technology center for the Institute of
Technology. * (The preceding text
beginning "(d) Teaching and Technology
Center" was indicated as vetoed by the
governor.)
Subd. 4. Twin Cities - St. Paul
(a) Plant Growth Facilities - Phase 2 17,700,000
To complete design, construction,
furnishing, and equipping the
containment greenhouse, replace the
teaching and research greenhouses,
demolish the northwest greenhouses on
the St. Paul campus, and renovate the
remaining greenhouses to meet current
code requirements.
(b) Veterinary Diagnostic Laboratory 1,500,000
To renovate and upgrade the veterinary
diagnostic laboratory to provide
additional laboratory space for a
veterinary molecular diagnostic
laboratory. The renovation and upgrade
must include space for molecular
diagnostic testing for paratuberculosis
(Johne's disease), porcine reproductive
and respiratory syndrome virus in
swine, avian pneumovirus in turkeys,
bovine mastitis, and emerging and
foreign animal diseases. * (The
preceding text beginning "(b)
Veterinary Diagnostic Laboratory" was
indicated as vetoed by the governor.)
Subd. 5. Crookston
Replace Bede Hall 7,701,000
To demolish Bede Hall and to design,
construct, furnish, and equip a
replacement facility.
Subd. 6. Duluth
Laboratory Science Building 25,500,000
To design, construct, furnish, and
equip a new laboratory science building
to meet the needs of the chemistry and
biology programs.
This appropriation is not available
until the commissioner of finance has
determined that at least $7,500,000 has
been committed from nonstate sources.
Subd. 7. Morris 8,600,000
To design, renovate, furnish, and equip
the social science building to correct
building code deficiencies, remodel the
interior, install new windows, upgrade
the building's mechanical and
electrical systems, replace the roof,
and construct an addition over the
existing auditorium wing to create
space for faculty offices, and to
install fire protection systems in
three student housing facilities.
This appropriation is not available
until the commissioner of finance has
determined that at least $400,000 has
been committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 8. Classroom Improvements 2,000,000
To design, renovate, furnish, and equip
classrooms on all four University of
Minnesota campuses. Projects will
focus on installing basic technology
infrastructure, such as video
projection and Internet access,
improving disability access, and making
basic improvements to enhance the
classroom learning environment.
Priority must be given to high-use
undergraduate classrooms.
Subd. 9. Research and Outreach
Centers 2,508,000
To acquire land and design, construct,
furnish and equip facilities at
research and outreach centers.
Projects funded by this appropriation
include:
(1) research laboratory and office
space at the Northwest ROC at
Crookston;
(2) an addition to the aspen/larch
genetics laboratory at the North
Central ROC at Grand Rapids and
acquisition of land for the development
of two test planting sites to conduct
research on fast growing trees;
(3) an addition to the administration
building at the Southern ROC at Waseca;
and
(4) of this amount, $70,000 is to
construct an environmentally friendly
swine farrowing demonstration facility
at the West Central ROC, subject to
Minnesota Statutes, section 16A.695. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 10. Debt Service
(a) The board of regents shall pay the
debt service on one-third of the
principal amount of state bonds sold to
finance projects authorized by this
section, except for higher education
asset preservation and replacement, and
except that, where a nonstate match is
required, the debt service is due on a
principal amount equal to one-third of
the total project cost, less the match
committed before the bonds are sold.
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.
(b) The commissioner shall reduce the
board's assessment each year by
one-third of the net income from
investment of general obligation bond
proceeds in proportion to the amount of
principal and interest otherwise
required to be paid by the board. The
board shall pay its resulting net
assessment to the commissioner of
finance by December 1 each year. If
the board fails to make a payment when
due, the commissioner of finance shall
reduce allotments for appropriations
from the general fund otherwise
available to the board 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 board 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.
Subd. 11. Contingencies
The commissioner of finance must
combine into one account, under the
control of the board of regents, the
portion of each appropriation in this
section that is attributable to the
amount budgeted for contingencies for
projects in this section. The board
must manage the account to pay for
exceptional but necessary costs of
projects authorized in this section.
Upon substantial completion or
abandonment of all projects authorized
in this section, the board must use any
funds remaining in the contingency
account for HEAPR under Minnesota
Statutes, section 135A.046. The board
of regents must report by February 1 of
each even-numbered year to the chairs
of the house and senate committees with
jurisdiction over capital investments,
and higher education finance, and to
the chairs of the house ways and means
committee and the senate finance
committee on how the money in the
contingency account has been allocated
or spent.
Subd. 12. Minnesota Goods and Services
The board of regents of the University
of Minnesota shall make a reasonable
attempt to give preference to
construction contractors who employ
Minnesota residents and to purchase
products manufactured in Minnesota for
use in construction projects undertaken
through a design-build process.
Sec. 3. MINNESOTA STATE COLLEGES AND
UNIVERSITIES
Subdivision 1. To the board of trustees
of the Minnesota state colleges and
universities for the purposes specified in
this section 209,563,000
Subd. 2. Higher Education Asset
Preservation and Replacement 60,000,000
(a) This appropriation is for the
purposes specified in Minnesota
Statutes, section 135A.046, including
safety and statutory compliance,
envelope integrity, mechanical systems,
and space restoration.
(b) The unspent portion of an
appropriation, but not to exceed ten
percent of the appropriation, for a
project in this section that is
complete, is available for higher
education asset preservation and
replacement under this subdivision, at
the same campus as the project for
which the original appropriation was
made and the debt service requirement
under subdivision 29 is reduced
accordingly. Minnesota Statutes,
section 16A.642, applies from the date
of the original appropriation to the
unspent amount transferred.
Subd. 3. Alexandria Technical College 9,150,000
To construct, furnish, and equip a
smart classroom and computer laboratory
building, including an auditorium,
connected to the college's office
education building.
Subd. 4. Bemidji State University 1,000,000
To design the colocation of the
emerging technologies and health care
programs of Bemidji state university
and Northwest technical college. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 5. Century Community and
Technical College 2,500,000
To purchase the transition wing of
intermediate school district No. 916
and design renovation of space for
expansion of the computer center,
offices, and smart classrooms.
Subd. 6. Dakota Technical College 500,000
To design the renovation of the west
side of the main campus facility to
create an information technology and
telecommunications center of excellence
and an integrated library and library
information technology center. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 7. Fergus Falls
Community College 760,000
To design, construct, furnish, and
equip an expansion of the existing
maintenance shop.
To design an addition to link
Administration and Fine Arts to provide
a one-stop student service shop, smart
classrooms, open computer laboratories;
design renovation to provide space for
technology support next to the library;
and design asset preservation work. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 8. Hennepin Technical College 2,000,000
To design, renovate, furnish, and equip
existing space at the Brooklyn Park and
Eden Prairie campuses. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 9. Inver Hills Community
College 500,000
To design renovation of existing space
and construction of an addition to
create a one-stop student services
shop; enlarge and colocate central
services, the bookstore, and a new
loading dock; upgrade mechanical
systems; and provide a welcoming front
door and help desk for the campus. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 10. Lake Superior Community
and Technical College 700,000
To design a student center addition to
house a consolidated system of student
services, smart classrooms, and open
laboratories. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 11. Metropolitan State
University 17,442,000
To construct, furnish, and equip a
library and information access center.
This appropriation is not available
until the commissioner of finance has
determined that at least $2,504,000 has
been committed from nonstate sources.
Subd. 12. Minneapolis Community
and Technical College 9,000,000
To design, renovate, furnish, and equip
the former technical college buildings
and to provide space to begin to
colocate Metropolitan State University
classrooms, offices, and student
service areas.
Subd. 13. Minnesota State University -
Mankato - Phase 3 8,400,000
To renovate, furnish, and equip Otto
Arena and adjacent areas to provide a
student fitness facility. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 14. Minnesota West Community and
Technical College at Worthington 6,300,000
To design, construct, furnish, and
equip a one-stop student services shop
and welcome counter addition.
To design, renovate, furnish, and equip
two science laboratories and associated
preparation, storage, and office spaces.
To design, renovate, furnish, and equip
consolidated nursing and allied health
department and other classroom spaces.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 15. Minnesota State University -
Moorhead 18,955,000
To construct, furnish, and equip a new
science laboratory and auditorium
addition to Hagen Hall.
Subd. 16. Normandale Community
College 9,900,000
To design, renovate, furnish, and equip
the vacated science laboratories.
Subd. 17. Northeast Higher Education
District - Virginia 5,496,000
To design, renovate, and equip science
laboratories, a learning resource
center, a student commons, and
classrooms, including technology
equipped classrooms, and construct new
loading dock and driveway. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 18. Northwest Technical College -
Moorhead Campus 400,000
To design the renovation of existing
facilities and design new facilities
for an allied health and applied
technology laboratory and support
facilities. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 19. Ridgewater Community and
Technical College 2,880,000
To design, renovate, furnish, and equip
existing chemistry, physics, and
biology laboratories and convert a
classroom into a geology laboratory on
the Willmar campus.
To design, renovate, furnish, and equip
interior space to convert obsolete
applied laboratory space on the
Hutchinson campus into chemistry,
physics, and biology laboratories. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 20. South Central Technical
College 300,000
To design renovation of teaching
laboratories at the North Mankato
campus and design asset preservation at
the Faribault campus. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 21. Southeast Technical
College 580,000
To design, renovate, furnish, and equip
a one-stop student services area and
workforce center entrance at Winona.
To design the renovation of a one-stop
student services areas and student
center entrance at Red Wing. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 22. Southwest State University 9,200,000
To renovate and reconfigure, furnish,
and equip the library and construct a
new entrance. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 23. St. Cloud State University 10,000,000
To design the renovation of Centennial
Hall and to renovate, furnish, and
equip the renovation of Centennial Hall
and its conversion from library to
classroom use and to design the code
correction and renovation of Riverview
Hall. This appropriation may also be
used for design of the renovation of
Brown Hall and Eastman Hall. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 24. St. Cloud Technical College 700,000
To design the construction of a
multistory building connected to the
existing facility and the renovation of
part of "G" wing. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 25. St. Paul Technical College
The Pipefitters Local 455/JATC may
donate money for or build a building
for academic purposes of the pipe
trades at a site approved by the board
of trustees of the Minnesota state
colleges and universities on the campus
of the St. Paul technical college. If
the donor builds the building, before
the beginning of construction, (1) the
board must grant a temporary
construction easement to the donor for
the area upon which the building is to
be built, along with necessary staging
and ingress and egress areas, (2) the
board must approve the design, and (3)
the donor must agree in a writing
approved by the attorney general to
donate the building to the state,
effective upon the state entering into
possession, at which time title to the
building passes to the state.
Subd. 26. Winona State University 30,000,000
To design, construct, furnish, and
equip a new science building to serve
programs in biology, chemistry,
geoscience, physics, nursing, health
sciences, engineering, and K-12 science
teacher preparation.
Subd. 27. Science Lab Renovations 1,900,000
To design, renovate, furnish, and equip
science laboratories at the campuses of
Southeast technical college at Winona
and Red Wing, Minnesota West at Canby
and Worthington, Minneapolis community
and technical college, and South
Central technical college at Faribault.
Subd. 28. Land Acquisition 1,000,000
To acquire real property near the state
college and university campuses from
willing sellers. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 29. Debt Service
(a) The board shall pay the debt
service on one-third of the principal
amount of state bonds sold to finance
projects authorized by this section,
except for higher education asset
preservation and replacement in
subdivision 2, and except that, where a
nonstate match is required, the debt
service is due on a principal amount
equal to one-third of the total project
cost, less the match committed before
the bonds are sold. After each sale of
general obligation bonds, the
commissioner of finance shall notify
the board of the amounts assessed for
each year for the life of the bonds.
(b) The commissioner shall reduce the
board's assessment each year by
one-third of the net income from
investment of general obligation bond
proceeds in proportion to the amount of
principal and interest otherwise
required to be paid by the board. The
board shall pay its resulting net
assessment to the commissioner of
finance by December 1 each year. If
the board fails to make a payment when
due, the commissioner of finance shall
reduce allotments for appropriations
from the general fund otherwise
available to the board 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 board 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.
Subd. 30. Contingencies
The commissioner of finance must
combine into one account, under the
control of the board of trustees, the
portion of each appropriation in this
section that is attributable to the
amount budgeted for contingencies for
projects in this section. The board
must manage the account to pay for
exceptional but necessary costs of
projects authorized in this section.
Upon substantial completion or
abandonment of all projects authorized
in this section, the board must use any
funds remaining in the contingency
account for HEAPR under Minnesota
Statutes, section 135A.046. The board
of trustees must report by February 1
of each even-numbered year to the
chairs of the house and senate
committees with jurisdiction over
capital investments, and higher
education finance, and to the chairs of
the house ways and means committee and
the senate finance committee on how the
money in the contingency account has
been allocated or spent.
Sec. 4. PERPICH CENTER FOR ARTS EDUCATION
Subdivision 1. To the commissioner
of administration for the purposes
specified in this section 768,000
Subd. 2. Asset Preservation 643,000
For asset preservation capital
improvements on the campus, including
east wing climate control improvements,
ceiling replacements, centerwide
asbestos removal, flooring
replacements, and water pipe
replacement.
Subd. 3. Performance Hall Catwalk 125,000
To design and construct a lighting
catwalk along the east wall of the
performance hall.
Sec. 5. CHILDREN, FAMILIES, AND LEARNING
Subdivision 1. To the commissioner of
children, families, and learning for the
purposes specified in this section 34,900,000
Subd. 2. Maximum Effort Capital
Loans 12,400,000
This appropriation is from the maximum
effort school loan fund for a capital
loan to independent school district No.
38, Red Lake, as provided in Minnesota
Statutes, sections 126C.60 to 126C.72,
to design, construct, renovate,
furnish, and equip school facilities,
and for health and safety capital
improvements to schools.
Up to $500,000 of this appropriation is
for predesign. Any unused portion of
the $500,000 for predesign may be spent
for health and safety capital
improvements to the high school and
middle school.
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 and construction by reducing the
proceeds of the loan paid by the
district. The commissioner shall
report to the legislature any
reductions to the appropriations in
this subdivision by January 10, 2003.
Subd. 3. Southwest Integration
Magnet Schools 1,000,000
For a grant in accordance with the
metropolitan magnet school grant
program under Minnesota Statutes,
section 124D.88, to the West Metro
Education Program joint powers board to
acquire land, prepare a site,
predesign, and design a new building
for the Southwest Integration Magnet
School in St. Louis Park, to serve a
population of approximately 500
kindergarten through grade 8 students.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 4. Library Access Grants 1,000,000
For library access grants under
Minnesota Statutes, section 134.45, to
remove architectural barriers from a
library building or site. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 5. Minnesota
Planetarium 9,500,000
For a grant to the city of Minneapolis
to design, construct, furnish, and
equip a new Minnesota planetarium,
subject to Minnesota Statutes, section
16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. The
proportional share of the in-kind
contributions for the planetarium of
land, parking facilities, skyways, and
municipal infrastructure for the
planetarium may be counted as part of
the match. The proportional share of
the costs to the city of constructing
mechanical and electrical systems,
common areas, service areas, freight
elevators, and walls and roofs for the
planetarium shared with the Minneapolis
library and included in the costs of
constructing the library may also be
counted as part of the match.
The legislature intends not to
appropriate additional money to
construct the planetarium until at
least $4,000,000 in cash contributions
have been committed to the project from
other than state or local government
funds. * (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 6. Asian Community Center 1,000,000
For a grant to the city of St. Paul to
design, construct, furnish, and equip
an Asian community center, subject to
Minnesota Statutes, section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 7. Colin Powell Youth
Leadership Center 700,000
For a grant to Hennepin county to
acquire land for and to design,
construct, furnish, and equip the Colin
Powell Youth Leadership center in
Minneapolis, subject to Minnesota
Statutes, section 16A.695. The center
will include a national guard drill
area, an education wing, including a
computer lab, a multipurpose arts
facility, a community education space,
a nutrition education and cooking
skills work-preparation area, and four
new basketball courts.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 8. Neighborhood
House/El Rio Vista 1,800,000
For a grant to the city of St. Paul to
acquire land for and to design,
construct, furnish, and equip an
expansion of Neighborhood House/El Rio
Vista, subject to Minnesota Statutes,
section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 9. Trollwood
Performing Arts School 5,500,000
For a grant to the city of Moorhead to
acquire land for and to design,
construct, furnish, and equip Trollwood
Arts Village in the city of Moorhead,
subject to Minnesota Statutes, section
16A.695. Trollwood must be available
to regional arts groups.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 10. Early Childhood Learning
and Child Protection Facilities 2,000,000
For grants to construct or rehabilitate
facilities for programs under Minnesota
Statutes, section 119A.45. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Sec. 6. MINNESOTA STATE ACADEMIES 1,500,000
To the commissioner of administration
for asset preservation capital
improvements on both campuses of the
Minnesota state academies for the deaf
and the blind, including demolition of
the West Cottage.
Sec. 7. NATURAL RESOURCES
Subdivision 1. To the
commissioner of natural resources
for the purposes specified
in this section 101,612,000
Subd. 2. Statewide Asset Preservation 2,600,000
For asset preservation improvements and
betterments at department of natural
resources buildings statewide,
including removal of life safety
hazards and structural defects;
elimination or containment of hazardous
materials; code compliance
improvements; accessibility
improvements; replacement or renovation
of roofs, windows, tuckpointing, and
structural members; and improvements
necessary to preserve the interior and
exterior of buildings and other
infrastructure. The commissioner shall
determine project priorities as
appropriate based upon need.
The unspent portion of an
appropriation, but not to exceed ten
percent of the appropriation, for a
project in this section that is
complete, is available for asset
preservation. Minnesota Statutes,
section 16A.642, applies from the date
of the original appropriation to the
unspent amount transferred.
Subd. 3. Field Office Renovations 1,000,000
To design, acquire, renovate,
construct, furnish, and equip field
offices to relieve substandard employee
working conditions in existing
facilities.
Until June 30, 2006, the commissioner
of natural resources must not close
offices in Brainerd or Rochester,
Minnesota without first receiving
approval from the legislature.
Subd. 4. Office Facility Development 1,500,000
To acquire, design, construct, furnish,
and equip a consolidated area office
and service facility at Thief River
Falls.
Subd. 5. ADA Compliance 500,000
For improvements and betterments of a
capital nature to remove barriers and
make department of natural resources
buildings, programs, and services
accessible to individuals with
disabilities, in compliance with state
and federal ADA guidelines.
Subd. 6. State Park Initiative 28,000,000
For building, utility, and natural
resource projects within the Minnesota
state park system according to the
management plan required in Minnesota
Statutes, chapter 86A, as follows:
(1) to design, renovate, construct,
furnish, and equip state park
buildings; and
(2) to design, renovate, furnish, and
equip capital facilities at state
parks, state recreation areas, and
forest recreation areas, including, but
not limited to, roads, trails, bridges,
campgrounds, and utility systems.
This appropriation must be used to
substantially implement the master plan
for improvements dated June 23, 1997,
for the historic golf course at Fort
Ridgely state park.
$1,600,000 is for improvements and
betterments of a capital nature to
develop the Big Bog state recreation
area, including constructing,
furnishing, and equipping a visitors
center. * (The preceding text beginning
"$1,600,000 is for improvements" was
indicated as vetoed by the governor.)
$2,900,000 is for improvements and
betterments of a capital nature to
develop the Red River state recreation
area, including construction of a
visitor's center. * (The preceding text
beginning "$2,900,000 is for
improvements" was indicated as vetoed
by the governor.)
Subd. 7. State Park and Recreation Area
Acquisition 3,000,000
For acquisition of land under Minnesota
Statutes, section 86A.05, subdivision
2, from willing sellers of private
lands within state park and recreation
area boundaries established by law. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 8. Metro Regional Park Acquisition
and Betterment 8,700,000
$6,000,000 is for a grant 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 improvements and
betterments of a capital nature, and
acquisition 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. 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.
$2,700,000 is for a grant to the
metropolitan council to complete
renovation of the Como Park
conservatory under phase 2. The
project must include renovation of the
fern room and construction of a bonsai
collection space, an orchid growing and
display house, and a children's
activity zone, as well as corridors and
connections to the education resource
building. * (The preceding text
beginning "$2,700,000 is for a grant"
was indicated as vetoed by the
governor.)
Subd. 9. Regional Parks:
Greater Minnesota 4,000,000
For grants to public regional parks
organizations located outside the
metropolitan area as defined in
Minnesota Statutes, section 473.121,
subdivision 2, to acquire land, design,
and construct and redevelop regional
parks and trails, open space, and
recreational facilities. The
improvements must be of a capital
nature. A greater Minnesota regional
parks organization with a project
previously funded through the regional
parks program, whether with bond funds
or other funds, at less than the total
eligible amount may reapply for the
total eligible amount from this
appropriation. If it is awarded, the
organization must return the original
grant award. Each $3 of state grants
must be matched by $2 of nonstate funds.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 10. Forest Road and Bridge
Projects 1,200,000
For reconstruction, resurfacing,
replacement, or construction of other
improvements of a capital nature to
state forest roads and bridges
throughout the state under Minnesota
Statutes, section 89.002. The
commissioner shall determine project
priorities as appropriate based on need.
Subd. 11. Reforestation 1,500,000
For improvements authorized under the
Minnesota Constitution, article XI,
section 5, clause (f). To increase
reforestation activities to meet the
reforestation requirements of Minnesota
Statutes, section 89.002, subdivision
2, including planting, seeding, site
preparation, purchasing tree seeds and
seedlings, improving forest stands, and
protecting plantations. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 12. State Forest Land Acquisition 500,000
To acquire private lands from willing
sellers within established boundaries
of state forests throughout the state
under Minnesota Statutes, section
86A.05, subdivision 7. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 13. State Trail Acquisition
and Development 3,650,000
To acquire, develop, and renovate state
trails as specified in Minnesota
Statutes, section 85.015.
$725,000 is for the Gitchi-Gami trail.
* (The preceding text beginning
"$725,000 is for" was indicated as
vetoed by the governor.)
$450,000 is for the Shooting Star trail.
* (The preceding text beginning
"$450,000 is for" was indicated as
vetoed by the governor.)
$300,000 is for the Luce Line trail.
$300,000 is for the Douglas trail.
$600,000 is for a grant to the city of
Austin to acquire land for the Blazing
Star trail. * (The preceding text
beginning "$600,000 is for a grant" was
indicated as vetoed by the governor.)
$475,000 is for the Goodhue Pioneer
trail. * (The preceding text beginning
"$475,000 is for" was indicated as
vetoed by the governor.)
$300,000 is for the Willard Munger
trail.
$500,000 is to connect the portions of
the Paul Bunyan trail in the city of
Bemidji, including constructing an
underpass. This appropriation is not
available until the commissioner has
determined that an equal amount has
been committed by the city of Bemidji.
* (The preceding text beginning
"$500,000 is to connect" was indicated
as vetoed by the governor.)
Subd. 14. Trail Connections 1,857,000
For matching grants under Minnesota
Statutes, section 85.019, subdivision
4c, including a grant to the city of
St. Louis Park to design and construct
a grade separated pedestrian and
regional trail crossing over CSAH No.
25/Trunk Highway 7 at Trunk Highway 100
to connect the Cedar Lake Regional
Trail and the Southwest LRT Regional
Trail, a grant to the city of New Ulm
to connect the city trail to Flandrau
state park, and a grant to Stearns
county for the Lake Koronis trail.
The commissioner shall determine other
project priorities as appropriate based
on need. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 15. Metro Greenways and Natural
Areas 1,000,000
To provide grants to local units of
government for acquisition or
betterment of greenways and natural
areas in the metro region and to
acquire greenways and natural areas in
the metro region through the purchase
of conservation easements or fee
titles. The commissioner shall
determine the project priorities and
shall consult with representatives of
local units of government, nonprofit
organizations, and other interested
parties. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 16. Well Sealing 600,000
To identify and seal inactive wells on
state-owned land under Minnesota
Statutes, section 103I.311.
Subd. 17. Lewis and Clark
Rural Water System 180,000
This appropriation is from the general
fund.
For a grant to the Lewis and Clark
joint powers board to acquire land for,
and to predesign, design, construct,
furnish, and equip, a rural water
system to serve southwestern
Minnesota. This appropriation is
available when matched by $8 of federal
money and $1 of local money for each $1
of state money. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 18. Red Rock Rural
Water System 125,000
For a grant to the Red Rock rural water
system to acquire land, predesign,
design, construct, and equip the
southwest Minnesota regional water
supply project. This appropriation is
not available until at least an equal
amount of nonstate money has been
committed to the project. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 19. Dam Improvements 1,800,000
To renovate or remove publicly owned
dams.
Of this amount, up to $100,000 is for a
grant to Blue Earth county for
renovation of the Rapidan dam. This
grant is not available until at least
an equal amount is committed to the
project from nonstate sources. * (The
preceding text beginning "Of this
amount, up to $100,000" was indicated
as vetoed by the governor.)
Up to $1,050,000 is for a grant to the
city of Crookston for phases 2 and 3 of
the Red Lake River restoration and
habitat improvement project. * (The
preceding text beginning "Up to
$1,050,000 is for a grant" was
indicated as vetoed by the governor.)
The commissioner shall determine other
project priorities as appropriate based
on need as provided in Minnesota
Statutes, sections 103G.511 and
103G.515.
Subd. 20. Flood Hazard Mitigation Grants 30,000,000
For the state share of flood hazard
mitigation grants for publicly owned
capital improvements to prevent or
alleviate flood damage under Minnesota
Statutes, section 103F.161.
The commissioner shall determine
project priorities as appropriate based
on need.
This appropriation includes money for
the following projects: Warren, East
Grand Forks, Agassiz, Montevideo, St.
Anthony, Granite Falls, Minneapolis at
27th and Knox Avenue North, St. Louis
Park, North Ottawa, Lebanon Hills in
Dakota county, Hay Creek, and Two River
watershed district Ross No. 7. For any
project listed in this paragraph that
is not ready to proceed, the
commissioner may allocate that
project's money to the next project on
the commissioner's priority list and
St. Paul.
To the extent that the cost of a
project in Warren, East Grand Forks,
Montevideo, Breckenridge, Granite
Falls, Oakport, or Crookston exceeds
two percent of the median household
income in the municipality multiplied
by the number of households in the
municipality, this appropriation is
also for the local share of the project.
Subd. 21. Stream Protection
and Restoration 1,000,000
For the design and implementation of
stream restoration projects that employ
natural channel design principles. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 22. Water Access
Acquisition and Development 1,500,000
For public water access acquisition,
construction, and renovation to capital
projects on lakes and rivers, including
construction of a fishing pier at Blue
Mound state park and other water access
through the provision of fishing piers
and shoreline access under Minnesota
Statutes, section 86A.05, subdivision 9.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 23. Lake Superior
Safe Harbor 1,100,000
To complete construction of the public
access at McQuade Road on Lake Superior
in cooperation with the U.S. Army Corps
of Engineers and the joint powers board
made up of the city of Duluth, St.
Louis county, the town of Duluth, and
the town of Lakewood. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 24. Fish Hatchery
Improvements 300,000
For improvements of a capital nature to
design, construct, renovate, furnish,
and equip fish culture facilities under
Minnesota Statutes, section 97A.045,
subdivision 1. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 25. Fisheries Acquisition
and Improvement 500,000
To acquire aquatic management areas and
to make public improvements and
betterments of a capital nature to fish
habitat under Minnesota Statutes,
section 86A.05, subdivision 14. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 26. Scientific and Natural Area
Acquisition and Improvement 2,500,000
To acquire land for scientific and
natural areas and for development,
protection, or improvements of a
capital nature to scientific and
natural areas throughout the state
under Minnesota Statutes, sections
84.033 and 86A.05, subdivision 5.
Up to $1,500,000 is to acquire and make
improvements of a capital nature to
restore, and develop the Seminary fen
in the Assumption creek watershed in
Carver county. The commissioner shall
manage the Seminary fen in accordance
with Minnesota Statutes, chapter 86A,
in part as an aquatic management area,
in part as a scientific and natural
area, and in part as a wildlife
management area. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 27. Natural and Scenic Area
Land Acquisition Grants 1,000,000
For matching grants to local units of
government to acquire and better local
natural and scenic areas under
Minnesota Statutes, section 85.019,
subdivision 4a. The commissioner shall
determine project priorities as
appropriate based on project
significance and need. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 28. RIM Consolidated
Wildlife and Critical Habitat Match 1,000,000
To acquire land and interests in land
for wildlife management area purposes
under Minnesota Statutes, section
97A.145; for improvements of a capital
nature to develop, protect, or improve
wildlife management areas and other
state lands throughout the state under
Minnesota Statutes, section 86A.05,
subdivision 8; and to provide state
match for the critical habitat private
sector matching account under Minnesota
Statutes, section 84.943, for the
acquisition or improvement of critical
fish, wildlife, and native plant
habitats.
Subd. 29. Native Prairie
Bank Easements 1,000,000
For acquisition of native prairie bank
easements under Minnesota Statutes,
section 84.96. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Sec. 8. POLLUTION CONTROL AGENCY 10,000,000
To the pollution control agency to
design and construct remedial systems
and acquire land at landfills
throughout the state in accordance with
the closed landfill program under
Minnesota Statutes, section 115B.39.
Sec. 9. OFFICE OF ENVIRONMENTAL ASSISTANCE
Subdivision 1. To the office of environmental
assistance for the purposes specified
in this section 4,750,000
Subd. 2. Solid Waste Capital
Assistance Grants 3,600,000
To the office of environmental
assistance for the solid waste capital
assistance grants program under
Minnesota Statutes, section 115A.54.
Grants from this appropriation must be
awarded to applicants whose
applications were on file with the
office before January 1, 2002. The
office must give priority for grants to
projects that expand processing
capacity. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 3. Fergus Falls -
Solid Waste Combustor 1,150,000
For a grant to the city of Fergus Falls
to design, construct, and equip the
city's municipal solid waste combustor
with new air pollution control
equipment to meet federal and state
environmental guidelines. This grant
is in addition to any other state
grants previously awarded for this
project, including the 1997 grant to
the city of Fergus Falls by the office
of environmental assistance. This
appropriation is not available until
the commissioner has determined that at
least $1,150,000 has been committed
from nonstate sources.
Sec. 10. BOARD OF WATER AND SOIL RESOURCES
Subdivision 1. To the board
of water and soil resources for the
purposes specified in this section 8,250,000
Subd. 2. RIM Conservation
Easements 2,000,000
This appropriation is 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. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 3. Shoreland Protection
Program 750,000
To acquire conservation easements in
environmentally sensitive lake and
river shoreland areas from private
landowners. The board may award grants
to local soil and water conservation
districts and participating local units
of government to accomplish the
purposes of this program, in accordance
with new Minnesota Statutes, section
103F.225.
$100,000 of this amount may be used to
administer the program. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 4. Wetland Replacement
Due to Public Road Projects 2,700,000
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 (l).
The purchase price paid for acquisition
of land, fee, or perpetual easement
must be the fair market value as
determined 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. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 5. Lazarus Creek 1,500,000
For a grant to Area II Minnesota River
Basin Projects, Inc. for construction
of the LQP-25/Lazarus Creek floodwater
retention project. The grant may not
exceed 75 percent of the project's
cost. The remaining share must be
provided by Area II Minnesota River
Basin Projects, Inc. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 6. Stillwater -
Brown's Creek 1,300,000
For a grant to the city of Stillwater
to provide environmental protection
capital improvements for Brown's Creek.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Sec. 11. AGRICULTURE
Subdivision 1. To the commissioner of
administration or another named agency for
the purposes specified in this section 15,292,000
Subd. 2. Rural Finance Authority
Loan Participation 15,000,000
For purposes as set forth in the
Minnesota Constitution, article XI,
section 5, clause (h). To the rural
finance authority to purchase
participation interests in or to make
direct agricultural loans to farmers
under Minnesota Statutes, chapter 41B.
This appropriation is for the beginning
farmer program under Minnesota
Statutes, section 41B.039, the loan
restructuring program under Minnesota
Statutes, section 41B.04, the
seller-sponsored program under
Minnesota Statutes, section 41B.042,
the agricultural improvement loan
program under Minnesota Statutes,
section 41B.043, and the livestock
expansion loan program under Minnesota
Statutes, section 41B.045. All debt
service on bond proceeds used to
finance this appropriation must be
repaid by the rural finance authority
under Minnesota Statutes, section
16A.643. Loan participations must be
priced to provide full interest and
principal coverage and a reserve for
potential losses.
Priority for loans must be given first
to basic beginning farmer loans;
second, to seller-sponsored loans; and
third, to agricultural improvement
loans.
Subd. 3. Expansion of Metro
Greenhouse and Storage Bay 292,000
To design, construct, furnish, and
equip an expansion of the greenhouse
facility owned by the department of
agriculture on the campus of
Metropolitan state university in St.
Paul. * (The preceding subdivision was
indicated as vetoed by the governor.)
Sec. 12. MINNESOTA ZOOLOGICAL
GARDENS
Subdivision 1. To the Minnesota
Zoological Gardens for the purposes
specified in this section 11,184,000
Subd. 2. Asset Preservation 3,000,000
For capital asset preservation
improvements and betterments.
Subd. 3. Phase 1 of Master Plan 8,184,000
To design, construct, furnish, and
equip zoo facilities consistent with
phase 1 of the facilities and business
master plan for the Asia Trail. Up to
$1,000,000 of this appropriation may be
used to design other components of
phase 1.
This appropriation is not available
until the commissioner of finance has
determined that additional money at
least equal to 25 percent of the
appropriated amount has been committed
to the project from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Sec. 13. ADMINISTRATION
Subdivision 1. To the commissioner
of administration for the purposes
specified in this section 83,722,000
Subd. 2. Capital Asset
Preservation and Replacement (CAPRA) 14,000,000
To be spent in accordance with
Minnesota Statutes, section 16A.632.
The unspent portion of an
appropriation, but not to exceed ten
percent of the appropriation, for a
project in this section that is
complete, is available for capital
asset preservation and replacement.
Minnesota Statutes, section 16A.642,
applies from the date of the original
appropriation to the unspent amount
transferred.
Subd. 3. Electrical Utility
Infrastructure - Phase 6 3,231,000
To complete the upgrade of the
high-voltage primary electrical
distribution system in the capitol
complex, replace the emergency
generator in the Capitol, and upgrade
the non-high-voltage electrical system
in the Capitol building.
Subd. 4. Agency Relocation 1,500,000
This appropriation is from the general
fund.
For relocation of state agencies as
determined by the commissioner of
administration, including, but not
limited to, the bureau of criminal
apprehension, tenants in the Veterans
Services building, and the departments
of Trade and Economic Development and
Economic Security or their successor.
Subd. 5. Renovate Governor's
Residence 4,291,000
To design, renovate, furnish, and equip
the Governor's residence in St. Paul.
$45,000 is from the general fund for
relocation expenses. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 6. Health and Agriculture
Laboratories 60,000,000
To design, construct, furnish, and
equip a joint laboratory facility in
St. Paul for the departments of health
and agriculture.
Subd. 7. Health, Agriculture, and Human Services
Office Facilities
The commissioner of administration may
enter into one or more long-term
lease-purchase agreements with the St.
Paul port authority or any other
governmental entity, for terms of up to
25 years, for the development of office
facilities in St. Paul for the
departments of health, agriculture, and
human services. The commissioner must
submit each agreement to the
legislative commission on planning and
fiscal policy for its recommendation.
If the commission does not provide the
commissioner with a recommendation
within 30 days of receiving the
agreement, the recommendation is
considered to be positive. A
recommendation is advisory only. The
lease-purchase agreements are exempt
from Minnesota Statutes, sections
15.50, subdivision 2, paragraph (e);
and 16B.24, subdivisions 6 and 6a. The
lease-purchase agreements must not be
terminated except for nonappropriation
of money. The lease-purchase
agreements must provide the state with
a unilateral right to purchase the
leased premises at specified times for
specified amounts. The office facility
for the department of human services
must not have more gross square feet of
space than the department occupies as
of the effective date of this section
for offices that will be moved to the
new facility.
Subd. 8. State-owned Property
The commissioner may enter into a
ground lease for state-owned property
in the capitol complex in conjunction
with the execution of a lease-purchase
agreement for any improvements
constructed on that site.
Notwithstanding the requirements of
Minnesota Statutes, section 16A.695,
subdivision 2, paragraph (b), the
ground lease must be for a term equal
to the term of the lease-purchase
agreement, and must include an option
to purchase the land at its then fair
market value if the improvements are
not purchased by the state at the end
of the term of the lease-purchase
agreement, or at any earlier time that
the lease-purchase agreement is
terminated.
Subd. 9. Government Services
Center 700,000
To predesign in Olmsted county a
government services facility to
colocate federal, state, and local
government offices, to the extent that
the predesign determines their
colocation to be feasible and
practical. Participating agencies to
be evaluated in the predesign must
include, but need not be limited to,
the city of Rochester; Olmsted county;
the state departments of natural
resources, commerce, economic security,
health, pollution control, revenue, and
the board of water and soil resources;
and appropriate federal agencies. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Sec. 14. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 646,000
The appropriation in this section may
not be spent on any project that
affects space under the control of the
senate without the approval of the
secretary of the senate nor on any
project that affects space under the
control of the house of representatives
without the approval of the chief clerk
of the house.
To the commissioner of administration
to plaster and repaint public spaces
and to conserve and repair existing
artwork on the ground, first, and
second floors of the capitol building.
This appropriation is from the general
fund.
Sec. 15. AMATEUR SPORTS COMMISSION
Subdivision 1. To the amateur sports
commission for the purposes specified
in this section 8,250,000
Subd. 2. Sports Conference Center 5,000,000
To construct, furnish, and equip a
sports conference center on the campus
of the National Sports Center and for
related capital development costs,
subject to Minnesota Statutes, section
16A.695. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 3. National Volleyball
Center - Phase 2 3,000,000
To design, construct, furnish, and
equip Phase 2 of the National
Volleyball Center in Rochester. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 4. Mount Itasca Biathlon
Training Facility 250,000
To complete construction of the Mount
Itasca biathlon training project. This
appropriation is not available until at
least an equal amount has been
committed to the project from nonstate
sources. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Sec. 16. ARTS
Subdivision 1. To the commissioner of
administration for the purposes specified
in this section 31,000,000
Subd. 2. Bloomington -
Bloomington Center for the Arts 1,000,000
This appropriation is from the general
fund.
For a grant to the city of Bloomington
to furnish and equip a new multipurpose
public arts facility to facilitate the
economic development, education, and
cultural activities in the city of
Bloomington that will serve the
southern and southwest metro areas.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 3. Minneapolis -
Children's Theatre Company 5,000,000
For a grant to Hennepin county to
design, construct, furnish, and equip
an expansion of the Children's Theatre
Company's current facility. Hennepin
county may enter into a lease or
management agreement for operation of
the theater, subject to Minnesota
Statutes, section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 4. Minneapolis -
Guthrie Theater 24,000,000
For a grant to the Minneapolis
community development agency to acquire
and prepare a site for and to design,
construct, furnish, and equip a new
Guthrie Theater in the city of
Minneapolis. The Minneapolis community
development agency may enter into a
lease or management agreement for the
theater, subject to Minnesota Statutes,
section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 5. Rochester -
Rochester Art Center 1,000,000
This appropriation is from the general
fund.
For a grant to the city of Rochester to
design the new Rochester Art Center.
This appropriation is not available
until the commissioner has determined
that an equal amount has been committed
from nonstate sources. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 6. St. Paul -
Minnesota African-American
Performing Arts Center
Notwithstanding Minnesota Statutes,
section 16A.642, $1,250,000 of the
appropriation in Laws 1999, chapter
240, article 2, section 12, subdivision
14, is available until July 1, 2003.
Sec. 17. MILITARY AFFAIRS
Subdivision 1. To the adjutant
general for the purposes specified
in this section 4,357,000
Subd. 2. Asset Preservation 2,500,000
For asset preservation improvements and
betterments of a capital nature at
military affairs facilities statewide.
Subd. 3. ADA Improvements 357,000
For improvements and betterments of a
capital nature to remove barriers and
make department of military affairs
buildings, programs, and services
accessible to individuals with
disabilities, in compliance with state
and federal ADA guidelines.
Subd. 4. Facility Life Safety
Improvements 1,000,000
For life/safety improvements and
betterments of a capital nature at
military affairs facilities statewide.
Subd. 5. Camp Ripley Antiterrorism
Facility 500,000
For predesign of a joint military/law
enforcement antiterrorism training
facility at Camp Ripley. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Sec. 18. TRANSPORTATION
Subdivision 1. To the
commissioner of transportation for
the purposes specified in this section 92,500,000
Subd. 2. Local Bridge Replacement
and Rehabilitation 45,000,000
This appropriation is from the bond
proceeds account in the state
transportation fund as provided in
Minnesota Statutes, section 174.50, to
match federal money 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.
Subd. 3. Local Road Improvement Program 20,000,000
Of this appropriation:
(1) $10,000,000 is for deposit in the
trunk highway corridor projects account
in the local road improvement fund
under new Minnesota Statutes, section
174.52, subdivision 2.
(2) $10,000,000 is for deposit in the
local road account for routes of
regional significance in the local road
improvement fund under new Minnesota
Statutes, section 174.52, subdivision 4.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 4. Town Road Sign Replacement 1,000,000
For grants to political subdivisions to
pay the local share of costs of town
road sign replacement under the federal
highway administration's hazard
elimination program. Grants under this
subdivision may only be used for the
purchase of signs that conform to the
commissioner of transportation's
uniform manual of traffic control
devices, including applicable
reflective sheeting requirements, and
that have a useful life of at least 20
years. * (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 5. Duluth Aerial
Lift Bridge 1,000,000
For a grant to the city of Duluth for
capital restoration of the aerial lift
bridge. This appropriation is
available when matched by $1 of money
secured or provided by the city of
Duluth for each $1 of state money. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 6. Port Development Assistance 3,000,000
For grants under Minnesota Statutes,
sections 457A.01 to 457A.06. Any
improvements made with the proceeds of
these grants must be publicly owned. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 7. Freight Access Improvements 7,000,000
Each grant is not available until the
commissioner has determined that at
least an equal amount has been
committed from any combination of
municipal state-aid money and nonstate
sources. The state share may be
allocated to any one or more of the
project elements, with the nonstate
money used to complete any elements not
completed with state money.
$3,500,000 is for a grant to the city
of Savage to improve highway access to
the ports of Savage. The improvements
may include local frontage roads,
access consolidations, road closures,
new signals, and acceleration and
deceleration lanes.
$3,500,000 is for a grant to the port
authority of Winona to construct
intermodal improvements at the Winona
harbor. The improvements may include
commercial harbor dredging, overpass
construction, street widening, signal
installation, and intersection
reconstruction. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 8. Greater Minnesota
Transit Facilities 2,000,000
For capital assistance for greater
Minnesota transit systems to be used
for transit capital facilities. Money
from this appropriation may be used to
pay up to 80 percent of the nonfederal
share of these facilities. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 9. Radio Communications
Statewide System 13,000,000
To design and construct the statewide
public safety radio communications
system infrastructure, coordinating it
with other state and local units of
government, and extending it to all of
the southeast district of the state
patrol, and into the central district
of the state patrol, with first
priority given to development in
Stearns, Sherburne, Benton, and Wright
counties, subject to the requirements
of Minnesota Statutes, section 16A.695.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 10. DM&E Working Group 500,000
This appropriation is from the general
fund and is for the purposes of section
86. * (The preceding subdivision was
indicated as vetoed by the governor.)
Sec. 19. METROPOLITAN COUNCIL
Subdivision 1. To the metropolitan
council for the purposes specified
in this section 30,500,000
Subd. 2. Northwest Busway 20,000,000
To design and construct a busway in the
northwest metropolitan area between
downtown Minneapolis and Rogers. This
appropriation is contingent on
$12,000,000 from Hennepin county and
$5,000,000 from the metropolitan
council for the project. Total funding
from all sources may be used for
roadway design, reconstruction,
acquisition of land and right-of-way,
and to design, construct, furnish, and
equip transit stations and park and
rides. Design-build under new
Minnesota Statutes, sections 383B.158
to 383B.1586, may be used for
implementing this project.
Subd. 3. Livable Communities Grant
Program 9,000,000
For public infrastructure grants for
development and redevelopment projects
of the livable communities grant
program under Minnesota Statutes,
sections 473.25 to 473.255, as
applicable.
In development of the project, the
council shall:
(1) take into consideration livable
communities principles, including
support of housing production and
ensuring integration of land use and
transportation needs of communities
along the route of the busway;
(2) take advantage of any local funding
for the project that may be available;
and
(3) encourage citizen and stakeholder
participation in development of the
project.
Before soliciting any applications for
grants, the council must present its
proposed criteria for ranking projects
and the proposed application process to
the legislative commission on
metropolitan government for review and
recommendations. Before making any
grant awards after receiving
applications for funding, the council
must present to the legislative
commission on metropolitan government
for review and comment, a complete list
of applications received by the council
by the application deadline, the
council's ranking under the adopted
criteria, and the proposed funding
awards. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 4. Park-and-Ride Facilities 500,000
For land acquisition and construction
of park-and-ride facilities in the
seven-county metropolitan area outside
the transit taxing district defined in
Minnesota Statutes, section 473.446,
subdivision 2. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 5. Central Corridor
Transitway 1,000,000
For predesign, design, final
environmental impact statement, and
preliminary engineering of the Central
Corridor Bus Transitway between St.
Paul and the city of Minneapolis. This
appropriation must not be used for any
work on rail transportation. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Sec. 20. COMMERCE 5,000,000
To the commissioner of finance for the
energy conservation investment loan
program under Minnesota Statutes,
section 216C.37.
Sec. 21. HEALTH 775,000
To design and construct a community
dental clinic at Lake Superior
community college in Duluth and design
and renovate the Northwest technical
college dental hygiene clinic in
Moorhead, subject to Minnesota
Statutes, section 16A.695. * (The
preceding section was indicated as
vetoed by the governor.)
Sec. 22. HUMAN SERVICES
Subdivision 1. To the
commissioner of administration
for the purposes specified
in this section 22,838,000
Subd. 2. Systemwide Roof
Renovation and Replacement 2,789,000
For renovation and replacement of roofs
at department of human services
facilities statewide.
Subd. 3. Systemwide Asset
Preservation 4,000,000
For asset preservation improvements and
betterments of a capital nature at
state regional treatment centers.
The unspent portion of an
appropriation, but not to exceed ten
percent of the appropriation, for a
project in this section that is
complete, is available for asset
preservation. Minnesota Statutes,
section 16A.642, applies from the date
of the original appropriation to the
unspent amount transferred.
Subd. 4. Systemwide -
Building and Structure Demolition 2,750,000
To demolish and dispose of hazardous
materials from obsolete buildings at
state regional treatment centers.
Subd. 5. Brainerd
Regional Treatment Center 6,305,000
To design, renovate, furnish, and equip
the residential and program areas in
building No. 20. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 6. Fergus Falls
Regional Treatment Center 3,000,000
To design, renovate, construct,
furnish, and equip ancillary support
and program facilities, including
improvements to basic infrastructure,
hazardous materials abatement, and
demolition that will facilitate the
relocation of the facility's ancillary
support, treatment, and residential
programs from the Kirkbride buildings.
Subd. 7. St. Peter
Regional Treatment Center 3,619,000
To design and replace the high-pressure
steam boilers and convert the system to
a low-pressure steam system at the St.
Peter regional treatment center.
Subd. 8. People, Inc.
North Side Community Support Program 375,000
This appropriation is from the general
fund.
For a grant to Minneapolis Community
Development Agency to purchase,
remodel, and complete accessibility
upgrades to an existing building or to
acquire land or construct a building to
be used by the People, Inc. North Side
Community Support Program, which may
provide office space for state
employees.
This grant is available when matched by
at least $175,000 from nonstate sources.
* (The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 9. Designer Selection
Notwithstanding Minnesota Statutes,
section 16B.33, the commissioner of
administration may select design firms
for projects funded in this section
that are considered repair,
replacement, or asset preservation in
nature and are not intended to
construct, erect, or remodel a
building. For this purpose, remodeling
means reconfiguring and upgrading
interior space, not replacing building
components or equipment.
Sec. 23. VETERANS HOMES BOARD
Subdivision 1. To the commissioner
of administration for the purposes
specified in this section 12,898,000
Subd. 2. Asset Preservation 2,000,000
For asset preservation improvements and
betterments of a capital nature at
veterans homes statewide.
Subd. 3. Hastings Veterans Home - Phase 3 8,553,000
For design and renovation of the
utility infrastructure systems and
related improvements at the campus of
the Hastings veterans home.
Subd. 4. Silver Bay Veterans Home 2,345,000
To replace the roof.
Sec. 24. CORRECTIONS
Subdivision 1. To the commissioner of
administration for the purposes specified
in this section 25,870,000
Subd. 2. Asset Preservation 17,000,000
For improvements and betterments of a
capital nature at Minnesota
correctional facilities statewide,
including, but not limited to,
completing the perimeter wall and
security improvements at
MCF-Stillwater. A portion of this
appropriation may be used for wetland
mitigation for the Rush City prison.
The unspent portion of an
appropriation, but not to exceed ten
percent of the appropriation, for a
project in this section that is
complete, is available for asset
preservation. Minnesota Statutes,
section 16A.642, applies from the date
of the original appropriation to the
unspent amount transferred.
Subd. 3. Minnesota Correctional
Facility - Lino Lakes 4,160,000
To design, construct, furnish, and
equip a new 416-bed unit to house
offenders.
This appropriation is not available
until the commissioner has determined
that at least $10,179,000 has been
committed from federal sources.
Subd. 4. Minnesota Correctional
Facility - Shakopee 3,070,000
To design, construct, renovate,
furnish, and equip the Independent
Living Center (ILC) into a 48-bed
general population living unit;
increase space in the kitchen, serving,
and eating areas; increase space in the
visitation area; and modify the staff
control station in the segregation unit
to provide adequate space for updated
technical equipment and more room for
staff.
Subd. 5. Minnesota Correctional
Facility - Stillwater 90,000
To predesign a new 150-bed segregation
unit on the facility grounds. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 6. Bayport Storm Sewer 1,550,000
For a grant to the city of Bayport for
the Middle St. Croix River Watershed
Management organization to complete
construction of the sewer system
extending from Minnesota department of
natural resources pond 82-310P (the
prison pond) in Bayport through the
Stillwater prison grounds to the St.
Croix river. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Sec. 25. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. To the commissioner of
trade and economic development or other
named agency for the purposes
specified in this section 84,650,000
Subd. 2. Redevelopment Account 4,000,000
For transfer to the redevelopment
account created in new Minnesota
Statutes, section 116J.571. This
appropriation is only available for
grants to projects located outside of
the seven-county metropolitan area.
$1,000,000 is for a grant to the city
of Little Falls for environmental
cleanup of the Hennepin Paper Company
property in the city of Little Falls.
No match is required for this grant. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 3. State Match for Federal Grants 16,000,000
To the public facilities authority to
match federal grants for eligible
projects in the water pollution control
revolving fund under Minnesota
Statutes, section 446A.07, and the
drinking water revolving loan fund
under Minnesota Statutes, section
446A.081.
Subd. 4. Wastewater Infrastructure
Funding Program 30,600,000
$600,000 of this appropriation is from
the general fund to administer the
wastewater infrastructure program.
To the public facilities authority for
grants to eligible municipalities under
the wastewater infrastructure program
established in Minnesota Statutes,
section 446A.072.
To the greatest practical extent, the
authority should use the grants for
projects on the 2002 project priority
list in priority order to qualified
applicants that submit plans and
specifications to the pollution control
agency or receive a funding commitment
from USDA rural development before
December 1, 2003.
The pollution control agency shall
prepare amendments to Minnesota Rules,
part 7077.0115, for ranking wastewater
projects on the project priority list
that take into account issues such as,
but not limited to, the age and
condition of existing wastewater
treatment systems, issues associated
with growth, and the effects on
municipalities when a moratorium on new
sewer connections is imposed. The
agency shall report on its recommended
rule amendments to the chairs of the
house environment and natural resources
finance committee, the house jobs and
economic development finance committee,
the house capital investment committee,
the senate environment and agricultural
finance division, the senate jobs,
housing and community development
committee, and the senate capital
investment committee by February 1,
2003.
$1,500,000 is for grants to the
Larsmont portion of the Knife
River-Larsmont sanitary district. This
appropriation must be used to reduce
the amount of the municipality's loan
from the water pollution revolving fund
that exceeds five percent of the market
value of the properties in the project
service area. This appropriation is in
addition to grants from other
appropriations. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Subd. 5. Fairmont -
Winnebago Avenue Sports Complex 500,000
For a grant to the city of Fairmont to
acquire land for, renovate, and expand
the Winnebago Avenue sports complex,
including reconfiguring two ball
fields, adding two fields, paving a
parking lot, and building other
amenities.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 6. Greater Minnesota Business
Development Infrastructure Grant Program 12,000,000
For grants under new Minnesota
Statutes, section 116J.431. * (The
preceding subdivision was indicated as
vetoed by the governor.)
Subd. 7. Itasca County - Children's
Discovery Museum 300,000
For a grant to Itasca county to design,
construct, furnish, and equip the
Children's Discovery Museum in Grand
Rapids. The county may enter into a
lease or management agreement for the
center, subject to Minnesota Statutes,
section 16A.695. This appropriation is
not available until the commissioner
has determined that at least an equal
amount has been committed from nonstate
sources. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 8. Minneapolis -
Empowerment Zone Projects 3,000,000
For a grant to the city of Minneapolis
to acquire land and to design,
construct, furnish, and equip public
infrastructure improvements in the
following empowerment zone projects:
the Near Northside redevelopment
project; the Chicago/Lake project; and
the South East Minneapolis industrial
redevelopment project.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 9. Olivia -
Minnesota Center for Agricultural Innovation 1,000,000
For a grant to the city of Olivia to
acquire land and to design, construct,
furnish, and equip the Minnesota Center
for Agricultural Innovation, subject to
Minnesota Statutes, section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 10. St. Cloud -
Civic Center Expansion 3,250,000
For a grant to the city of St. Cloud
for asset preservation, land
acquisition, and to predesign, design,
construct, furnish, and equip the
expansion of the St. Cloud Civic Center.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 11. St. Paul -
Roy Wilkins Auditorium 4,000,000
For a grant to the city of St. Paul for
asset preservation of the Roy Wilkins
Center.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 12. St. Paul-Phalen Boulevard 8,000,000
For a grant to the city of St. Paul to
acquire land and to complete
contamination remediation on Phalen
Boulevard between I-35E and Johnson
Parkway. This appropriation is not
available until the commissioner has
determined that at least an equal
amount has been committed from nonstate
sources. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 13. St. Paul -
2004 Renaissance Project 2,000,000
For a grant to the city of St. Paul to
design and construct river edge
improvements and make capital
improvements and betterments for a
public park on Raspberry Island.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Sec. 26. IRON RANGE RESOURCES AND
REHABILITATION BOARD 1,500,000
To design, construct, furnish, and
equip Mesabi station as the central
guest services facility for the Mesabi
trail. * (The preceding section was
indicated as vetoed by the governor.)
Sec. 27. HOUSING FINANCE AGENCY 16,200,000
To the commissioner of the housing
finance agency for loans and grants for
publicly owned transitional and
permanent housing under Minnesota
Statutes, section 462A.202,
subdivisions 2 and 3a. Notwithstanding
Minnesota Statutes, section 462A.202,
subdivision 3a, the loans or grants
must be used for the development,
construction, acquisition, or
rehabilitation of transitional or
permanent housing to serve veterans and
single adults who are homeless or at
risk of becoming homeless. The loans
or grants must be used for two housing
projects that:
(1) are located on property owned by
the United States Department of
Veterans Affairs that is leased by the
Department of Veterans Affairs to the
owners of the housing projects;
(2) provide or coordinate health and
social services needed by the
residents; and
(3) are a collaborative partnership
between community agencies, local units
of government, and the federal
government.
Sec. 28. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. To the Minnesota
Historical Society for the purposes
specified in this section 3,967,000
Subd. 2. Historic Site Asset
Preservation 2,442,000
(a) For capital improvements and
betterments at state historic sites,
buildings, landscaping at historic
buildings, exhibits, markers, and
monuments. The society shall determine
project priorities as appropriate based
on need.
(b) Of this amount, $1,000,000 is for
asset preservation of the William G.
LeDuc house. This appropriation is
available only if the historical
society enters into an agreement with
the city of Hastings, or another public
entity, providing for transfer of
ownership of the property to the city
or the other public entity when the
asset preservation work is completed,
and providing that the city or other
public entity will provide for
additional renovation and operation of
the site. If an agreement for the
transfer of ownership of the LeDuc
house site is not entered into by March
31, 2003, this amount is available for
asset preservation under paragraph
(a). This appropriation is available
until spent, notwithstanding section
1. The city or other public entity may
enter into an agreement with a
nonprofit organization for the
operation of the site subject to
Minnesota Statutes, section 16A.695.
Subd. 3. County and Local
Preservation Grants 300,000
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. The
facilities must be publicly owned. *
(The preceding subdivision was
indicated as vetoed by the governor.)
Subd. 4. Sibley House Historic Site 300,000
To renovate buildings at the site and
design future renovations.
Subd. 5. Fort Snelling Historic Site 500,000
$400,000 is to design a variety of
construction projects needed for a
major redevelopment and renewal of
historic Fort Snelling.
$100,000 is to expand restrooms in the
current visitor center.
Subd. 6. Fort Belmont 200,000
For a grant to Jackson county to
design, construct, furnish, and equip a
new site for historic Fort Belmont,
subject to Minnesota Statutes, section
16A.695. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 7. New Brighton
Caboose and History Center 100,000
This appropriation is from the general
fund.
For a grant to the New Brighton area
historical society to renovate its
caboose and history center in Long Lake
Regional Park.
This appropriation is not available
until the commissioner of finance has
determined that at least an equal
amount has been committed from nonstate
sources. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Subd. 8. Pipestone County Museum 125,000
For a grant to the city of Pipestone to
design and construct an external shaft
and hoist way and install an elevator
adjacent to the Pipestone County Museum
and renovate a third-floor area to be
used as a community room and a museum
programs room, subject to Minnesota
Statutes, section 16A.695.
This appropriation is not available
until the commissioner of finance has
determined that at least an equal
amount has been committed from nonstate
sources. * (The preceding subdivision
was indicated as vetoed by the
governor.)
Sec. 29. BOND SALE EXPENSES 880,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8. This
appropriation is from the bond proceeds
fund.
Sec. 30. [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 $920,235,000 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. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the
money appropriated in 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 $12,400,000 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.
Subd. 3. [TRANSPORTATION FUND.] To provide the money
appropriated in this act from the state transportation fund, the
commissioner of finance shall sell and issue 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.
Sec. 31. [CANCELLATIONS.]
Subdivision 1. $500,000 of the appropriation in Laws 1996,
chapter 463, section 4, subdivision 2, for youth initiative
grants, is canceled. The bond sale authorization in Laws 1996,
chapter 463, section 27, subdivision 1, is reduced by $500,000.
Subd. 2. $1,449,000 of the appropriation in Laws 1996,
chapter 463, section 21, for early childhood learning facilities
is canceled. The bond sale authorization in Laws 1996, chapter
463, section 27, subdivision 1, is reduced by $1,449,000.
Subd. 3. The unobligated balance of the appropriation in
Laws 1998, chapter 404, section 7, subdivision 28, for the Sand
Dunes state forest center, estimated to be $113,000, is canceled
to the general fund.
Subd. 4. $100,000 of the appropriation in Laws 1998,
chapter 404, section 7, subdivision 30, for the Hartley nature
center is canceled to the general fund.
Subd. 5. The $375,000 appropriation in Laws 1998, chapter
404, section 18, subdivision 4, for the People, Inc. North Side
community support program, is canceled to the general fund.
Subd. 6. $500,000 of the appropriation in Laws 1998,
chapter 404, section 23, subdivision 27, for a production
facility associated with an educational and training facility,
is canceled to the general fund.
Subd. 7. The $400,000 appropriation in Laws 1998, chapter
404, section 25, subdivision 9, for a treaty site history
center, is canceled to the general fund.
Subd. 8. $1,000,000 of the appropriation in Laws 2000,
chapter 492, article 1, section 14, subdivision 3, to the
commissioner of administration for a grant to the Minneapolis
community development agency, for the Guthrie Theater, vetoed on
May 15, 2000, and approved by the legislature overriding the
veto on May 17, 2000, is canceled to the general fund.
Sec. 32. Minnesota Statutes 2000, section 16A.11,
subdivision 6, is amended to read:
Subd. 6. [BUILDING MAINTENANCE AND CAPITAL BETTERMENT.]
The detailed operating budget and capital budget must include
amounts necessary to maintain and better state buildings. The
commissioner of finance, in consultation with the commissioner
of administration, the board of trustees of the Minnesota state
colleges and universities, and the regents of the University of
Minnesota, shall establish budget guidelines for building
maintenance and betterment appropriations. Unless otherwise
provided by the commissioner of finance, the combined amount to
be budgeted each year for building maintenance and betterment in
the operating budget and capital budget is two one percent of
the replacement cost of the building, adjusted up or down
depending on the age and condition of the building.
Sec. 33. Minnesota Statutes 2000, section 16A.501, is
amended to read:
16A.501 [REPORT ON EXPENDITURE OF BOND PROCEEDS.]
The commissioner of finance must report annually to the
legislature on the degree to which entities receiving
appropriations of bond proceeds for capital projects in previous
omnibus capital improvement acts have encumbered or expended
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 2000, section 16A.632,
subdivision 2, is amended to read:
Subd. 2. [STANDARDS.] Article XI, section 5, clause (a),
of the constitution states general obligation bonds may be
issued to finance only the acquisition or betterment of state
land, buildings, and improvements of a capital nature. In
interpreting this and applying it to the purposes of the program
contemplated in this section, the following standards are
adopted for the disbursement of money from the capital asset
preservation and replacement account:
(a) No new land, buildings, or major new improvements will
be acquired. These projects, including all capital expenditures
required to permit their effective use for the intended purpose
on completion, will be estimated and provided for individually
through a direct appropriation for each project.
(b) An expenditure will be made from the account only when
it is a capital expenditure on a capital asset previously owned
by the state, within the meaning of accepted accounting
principles as applied to public expenditures. The commissioner
of administration will consult with the commissioner of finance
to the extent necessary to ensure this and will furnish the
commissioner of finance a list of projects to be financed from
the account in order of their priority. The commissioner shall
also furnish each revision of the list. The legislature assumes
that many provisions for preservation and replacement of
portions of existing capital assets will constitute betterments
and capital improvements within the meaning of the constitution
and capital expenditures under correct accounting principles,
and will be financed more efficiently and economically under the
program than by direct appropriations for specific projects.
However, the purpose of the program is to accumulate data
showing how additional costs may be saved by appropriating money
from the general fund for preservation measures, the necessity
of which is predictable over short periods.
(c) The commissioner of administration will furnish
instructions to agencies to apply for funding of capital
expenditures for preservation and replacement from the account,
will review applications, will make initial allocations among
types of eligible projects enumerated below, will determine
priorities, and will allocate money in priority order until the
available appropriation has been committed.
(d) Categories of projects considered likely to be most
needed and appropriate for financing are the following:
(1) unanticipated emergencies of all kinds, for which a
relatively small amount should be initially reserved, replaced
from money allocated to low-priority projects, if possible, as
emergencies occur, and used for stabilization rather than
replacement if the cost would exhaust the account and should be
specially appropriated;
(2) projects to remove life safety hazards, like
replacement of mechanical systems, building code violations, or
structural defects, at costs not large enough to require major
capital requests to the legislature;
(3) elimination or containment of hazardous substances like
asbestos or PCBs; and
(4) moderate cost replacement and repair of roofs, windows,
tuckpointing, and structural members necessary to preserve the
exterior and interior of existing buildings; and
(5) up to ten percent of an appropriation awarded under
this section may be used for design costs for projects eligible
to be funded from this account in anticipation of future funding
from the account.
Sec. 35. Minnesota Statutes 2000, section 16A.86,
subdivision 3, is amended to read:
Subd. 3. [EVALUATION.] (a) The commissioner shall evaluate
all requests from political subdivisions for state assistance
based on the following criteria:
(1) the political subdivision has provided for local,
private, and user financing for the project to the maximum
extent possible;
(2) the project helps fulfill an important state mission;
(3) the project is of regional or statewide significance;
(4) the project will not require new or any additional
state operating subsidies;
(5) the project will not expand the state's role in a new
policy area;
(6) state funding for the project will not create
significant inequities among local jurisdictions;
(7) the project will not compete with other facilities in
such a manner that they lose a significant number of users to
the new project; and
(8) the governing bodies of those political subdivisions
primarily benefiting from the project have passed resolutions in
support of the project and have established priorities for all
projects within their jurisdictions for which bonding
appropriations are requested when submitting multiple requests;
and
(9) if a predesign that meets the requirements of section
16B.335 has been completed and is available at the time the
project request is submitted to the commissioner of finance, the
applicant has submitted the project predesign to the
commissioner of administration.
(b) The commissioner's evaluation of each request,
including whether it meets each of the criteria in paragraph
(a), must be submitted to the legislature along with the
governor's recommendations under section 16A.11, subdivision 1,
whether or not the governor recommends that the request be
funded.
Sec. 36. [16B.245] [INVENTORY OF STATE-OWNED LAND.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, "state-owned land" means land, with or without
improvements upon it, for which the state owns fee title. It
does not include:
(1) land held in trust by the state for political
subdivisions of the state;
(2) permanent school trust fund lands;
(3) university trust fund lands;
(4) mineral interests; or
(5) trunk highway right-of-way.
Subd. 2. [INVENTORY.] The commissioner of administration
must inventory all state-owned land and determine the number of
acres owned by the state as of December 31, 2002. The inventory
must identify for each parcel the state agency responsible for
the parcel, its location, size, and whether it is (1) currently
being used for a public purpose, (2) anticipated to be used for
a public purpose in the future, or (3) not currently being used
or anticipated to be used for a public purpose. The inventory
must also identify how much land is included in each
classification under section 86A.05. Within two months of
completing the inventory, and by January 15 each odd-numbered
year thereafter, the commissioner must report on the inventory
to the chairs of the house and senate committees with
jurisdiction over higher education, capital investment, and
natural resources and environment finance, and the chairs of the
house committee on ways and means and the senate committee on
finance.
Sec. 37. Minnesota Statutes 2000, section 16B.31,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.] (a)
The commissioner shall (1) have plans and specifications
prepared for the construction, alteration, or enlargement of all
state buildings, structures, and other improvements except
highways and bridges, and except for buildings and structures
under the control of the board of regents of the university of
Minnesota or of the board of trustees of the Minnesota state
colleges and universities; (2) approve those plans and
specifications; (3) advertise for bids and award all contracts
in connection with the improvements; (4) supervise and inspect
all work relating to the improvements; (5) approve all lawful
changes in plans and specifications after the contract for an
improvement is let; and (6) approve estimates for payment. This
subdivision does not apply to the construction of the zoological
gardens.
(b) Notwithstanding any law to the contrary, the
commissioner, the board of regents of the university of
Minnesota, and the board of trustees of the Minnesota state
colleges and universities may solicit and award a design-build
contract for those projects specifically designated by law for
design-build using the procedures provided in section 16C.31.
(c) Paragraph (b) expires January 1, 2004.
(d) The commissioner, the board, the board of regents of
the university of Minnesota, and the board of trustees of the
Minnesota state colleges and universities shall create a panel
of representatives, including representatives of the
construction industry and the architecture and engineering
professions, to evaluate the use of design-build and the
procedures for design-builder selection under section 16C.31,
and shall report to the legislature on or before January 1,
2004, as to the success of design-build as a method of
construction and the need and desirability for any changes in
the selection procedure.
Sec. 38. Minnesota Statutes 2000, section 16B.33, is
amended by adding a subdivision to read:
Subd. 5. [DESIGN-BUILD.] (a) The board shall select
design-builders under section 16C.31 for all design-build
projects with an estimated cost greater than $750,000. If a
project is undertaken with an estimated cost of less than
$750,000, the commissioner or board, in the commissioner's sole
discretion, may select the design-builder following the
requirements in section 16C.31. If the commissioner elects to
make the selection, the commissioner shall perform the duties
prescribed for the board in section 16C.31. This paragraph does
not apply to projects under the control of the board of regents
of the university of Minnesota or the board of trustees of the
Minnesota state colleges and universities.
(b) Upon written request by the board of regents of the
university of Minnesota or the board of trustees of the
Minnesota state colleges and universities, the board shall
evaluate and recommend at least three design-builders following
the requirements in section 16C.31 for any design-build project
under the control of the board of regents or the board of
trustees.
(c) The commissioner, the board of regents of the
university of Minnesota, or the board of trustees of the
Minnesota state colleges and universities shall forward to the
board a written report describing each instance in which the
performance of a design-builder has been less than satisfactory
for projects under their supervision.
(d) This subdivision expires January 1, 2004.
Sec. 39. Minnesota Statutes 2000, 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. All predesign, design, and construction projects
shall include consideration of the state of Minnesota's
correctional industries program, MINNCOR Industries, consistent
with section 16B.181, subdivision 2, paragraph (c), in predesign
planning and product specifications.
(d) This subdivision does not apply to capital projects for
park buildings owned by a local government unit in the
metropolitan area defined in section 473.121, subdivision 2.
Sec. 40. [16C.30] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For purposes of section 16C.31,
the terms in this section have the meanings given them, unless
the context clearly indicates otherwise.
Subd. 2. [BOARD.] "Board" means the designer selection
board, as described in section 16B.33.
Subd. 3. [CLARIFICATIONS.] "Clarifications" means a
written or oral exchange of information that takes place after
the receipt of proposals to ensure conformance with the request
for proposals and to address minor, clerical revisions in a
proposal.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of administration.
Subd. 5. [DESIGNER.] "Designer" means an architect,
landscape architect, or engineer licensed or certified under
sections 326.02 to 326.15 or a partnership, association, or
corporation composed primarily of registered architects,
landscape architects, or engineers or of all three.
Subd. 6. [OWNER'S REPRESENTATIVE.] "Owner's
representative" means a qualified professional who may oversee
scheduling, cost control, constructability, project management,
quality control, life-cycle costing, and building technology.
Subd. 7. [PERSON.] "Person" means an individual,
partnership, corporation, association, or any other legal entity.
Subd. 8. [PHASE-ONE SUBMITTAL.] "Phase-one submittal"
means statements of qualifications from design-builders under
section 16C.31, subdivision 5.
Subd. 9. [PHASE-TWO PROPOSAL.] "Phase-two proposal" means
an offer by a design-builder to enter into a design-build
contract for a project under section 16C.31, subdivision 6, in
response to a request for proposals.
Subd. 10. [PROJECT.] "Project" means an undertaking to
design and construct, erect, or remodel a building by or for the
state or an agency under the supervision and control of the
commissioner under section 16B.30 or the board of regents of the
university of Minnesota or the board of trustees of the
Minnesota state colleges and universities.
Subd. 11. [EXPIRATION.] This section expires January 1,
2004.
Sec. 41. [16C.31] [DESIGN-BUILD CONTRACTS.]
Subdivision 1. [GENERAL AUTHORITY.] (a) Notwithstanding
section 16C.03, subdivision 3, the commissioner may solicit and
award a design-build contract between the commissioner and a
design-builder utilizing the competitive acquisition process
described in subdivisions 5 through 9 if the commissioner meets
the conditions in paragraph (b). A design-build contract may
provide the architectural, engineering, and related design
services as well as the labor, materials, supplies, equipment,
and construction services for a project. A design-build
contract may include telecommunications cabling but must not
include acquisition of personal property related to the
operations of the occupants. The commissioner may make changes
to the project without invalidating the design-build contract.
(b) The commissioner shall, for each project for which the
commissioner intends to use the design-build method, make a
written determination that it is in the best interest of the
state to use the design-build method to complete the project.
In making this determination, the commissioner shall use the
following criteria as the minimum basis for the determination:
(1) the extent to which the project requirements can be
adequately defined in a request for proposal before completing
the design process;
(2) the suitability of the delivery method with respect to
scope, schedule, cost, and quality factors;
(3) the suitability of the delivery method to minimize
life-cycle costs to the extent available within the project
budget;
(4) the suitability of the delivery method to efficiently
achieve functionality requirements;
(5) the impact of the project schedule on the agency's
delivery of services and project cost;
(6) the resources of the department of administration to
manage the project through employment of experienced personnel
or hiring of consultants;
(7) the resources of the department of administration to
oversee the project with persons who are familiar and
experienced with the design-build method of project delivery or
similar experience; and
(8) other criteria that the commissioner deems relevant and
that are included in the written determination.
(c) The authority and duties prescribed for the board, the
commissioner, and department of administration under this
section are granted to and must be performed by the board of
regents of the university of Minnesota and the board of trustees
of the Minnesota state colleges and universities on projects
under their control.
Subd. 2. [LICENSING REQUIREMENTS.] (a) Each design-builder
shall be, employ, or have as a partner, member, coventurer, or
subcontractor, persons duly licensed, certified, or registered
to provide the services required to complete the project and do
business in this state.
(b) A design-builder may contract with the commissioner to
provide professional or construction services that the
design-builder is not itself licensed, certified, registered, or
qualified to perform, so long as the design-builder provides the
services through subcontracts with duly licensed, certified, or
registered, or otherwise qualified persons in accordance with
this section.
(c) Nothing in this section authorizing design-build
contracts is intended to limit or eliminate the responsibility
or liability owed by a professional on a design-build project to
the state or other third parties under existing law. The design
service portion of a design-build contract is considered a
service and not a product.
Subd. 3. [UNIVERSITY OF MINNESOTA AND MINNESOTA STATE
COLLEGES AND UNIVERSITIES SELECTION PROCESS.] (a) The board of
regents of the university of Minnesota and the board of trustees
of the Minnesota state colleges and universities shall select
design-builders for all design-build projects under their
supervision and control and funded by the state following the
procedures and performing the duties prescribed for the board
and commissioner in subdivisions 5 through 9. The board of
regents and the board of trustees shall either use the board or
establish an evaluation team of at least seven persons to
evaluate and recommend design-builders under this section to
include three persons selected as provided in paragraph (b).
The final selection must be made by the board of regents or the
board of trustees.
(b) Upon written request from the board of regents or the
board of trustees, each of the following three organizations
shall nominate one individual whose name and qualifications must
be submitted to the board of trustees for consideration: the
Consulting Engineers Council of Minnesota after consultation
with other professional engineering societies in the state; the
AIA Minnesota; and the Minnesota chapter of the Associated
General Contractors after consultation with other commercial
contractor associations in the state. The board of regents or
the board of trustees may appoint the three named individuals to
the evaluation team or reject a nominated individual and request
another nomination. The board of regents or the board of
trustees shall determine the term of the appointment. The other
members of the evaluation team must be representatives of the
university of Minnesota or the Minnesota state colleges and
universities. The interviews are public meetings and a video or
audio recording of the meetings must be made and is public
information. The final recommendations and rankings must be in
writing.
Subd. 4. [DEVELOPMENT OF DESIGN CRITERIA.] (a) Each
request for proposals for a design-build contract must contain
design criteria prepared by a design criteria professional who
holds licenses or certifications under sections 326.02 to 326.15
and is either an employee of the state, the university of
Minnesota, or a consultant hired by the commissioner. If the
design criteria professional is a consultant hired by the state,
the licensure requirement may be met by employing individuals
who hold a license or licenses under sections 326.02 to 326.15.
The commissioner may elect to designate the board to select the
consultant in compliance with section 16B.33.
(b) Design criteria set forth in the request for proposals
must specify all information needed to adequately describe the
project, including performance-based criteria such as
sustainability and life-cycle costing requirements; interior
space requirements, including adjacency diagrams; material
quality standards; architectural image and building form
standards; building air quality requirements; commissioning
requirements; building burn-in requirements; cost estimates;
design and construction schedules; site development
requirements; utility requirements; storm water retention and
disposal requirements; and parking requirements. If necessary
to adequately describe the project, the design criteria must
include a boundary and topographic survey of the site, with the
legal description and geotechnical and environmental information
concerning the site.
(c) There must be an owner's representative for each
design-build project. The owner's representative must be either
an employee of the state, university of Minnesota, or a
consultant hired by the commissioner. Subject to the minimum
requirements of paragraphs (a) and (b), the commissioner, in
consultation with the agency, the owner's representative, and
the design criteria professional, shall determine the scope and
level of detail required for the design criteria to be included
in the request for proposals.
Subd. 5. [SOLICITATION OF PROPOSALS.] (a) The commissioner
shall prepare a request for proposals, which must contain, at a
minimum, the following elements:
(1) the identity of the agency that will utilize the
completed project;
(2) the procedures for submitting proposals, the criteria
for evaluation of proposals and their relative weight for each
phase, how those criteria will be scored, and the procedures for
making awards;
(3) the terms and conditions for the design-build contract;
(4) the design criteria;
(5) the qualifications the design builder will be required
to have;
(6) a request for a critical path method schedule for
commencement and completion of the project;
(7) budget limits for the project;
(8) affirmative action, disadvantaged businesses, small
business, or set-aside goals or requirements for the
design-build contract;
(9) requirements for insurance, performance and payment
bonds, bid bonds, and cash deposits;
(10) a description of the drawings, specifications, or
other submittals to be submitted with the phase-two proposal,
with guidance as to the form and level of completeness of the
drawings, specifications, or submittals that will be acceptable;
(11) the professional and technical services contract to be
entered into with the design-builders selected to submit
phase-two proposals, including scope of work, use of ideas or
information, and compensation; and
(12) identification of any other material information
available from the commissioner or board, including, without
limitation, surveys, soils reports, drawings or models of
existing structures, environmental studies, photographs, or
references to public records.
(b) The solicitation of request for proposals does not
obligate the commissioner to enter into a design-build
contract. In accordance with the stated criteria for evaluating
proposals, the commissioner may accept or reject any or all
proposals received as a result of the request. The notification
of rejection of all proposals must include an explanation for
all proposals being rejected. The solicitation for proposals
may be canceled at any time in the commissioner's sole
discretion if it is considered to be in the state's best
interest. If the commissioner rejects all proposals or cancels
the solicitation for proposals, the commissioner may resolicit a
request for proposals using the same or different requirements
or request the board to select a designer under section 16B.33
and proceed with the design-bid-build delivery method.
Subd. 6. [QUALIFICATION; PHASE-ONE SUBMITTAL.] (a) In
phase one, the board and commissioner shall evaluate the
design-build qualifications of the design-builders who responded
to the request for proposals with phase-one submittals based on
each design-builder's experience, technical competence, and
capability to perform; the past performance of the
design-builder and its employees, quality control organization
and system, sustainability, and life-cycle costing methodology;
and other appropriate facts submitted by each design-builder in
response to the request for proposals all in accordance with the
weighted criteria that are stated for phase-one evaluations in
the request for proposals. The phase-one or phase-two
evaluation of the "past performance" or "experience" of a
proposer must not include the exercise or assertion of a
person's legal rights. The board or commissioner may require
clarifications from design-builders.
(b) If the project is within the capitol area, the capitol
area architecture and planning board, as defined in section
15.50, shall participate in the evaluation of phase-one
submittals.
(c) The board shall select to a short list the most
qualified design-builders that have responded with phase-one
submittals based on the weighted criteria for phase-one
evaluations stated in the request for proposals. For projects
involving only renovation, in the discretion of the
commissioner, the design-builder may be selected only on the
phase-one submissions, or after a phase-two submission. For all
other projects, the board shall prepare a list of at least three
potential design-builders to submit phase-two proposals. The
board shall not proceed to obtain phase-two proposals or make a
selection, as applicable, unless it receives phase-one
submittals from at least three qualified design-builders. If
the board receives fewer than three phase-one submittals from
qualified design-builders, the commissioner may cancel the
solicitation for proposals, revise the request for proposals,
and solicit new proposals or request the board to select a
designer under section 16B.33 and proceed with the
design-bid-build delivery method.
(d) The commissioner shall enter into the professional and
technical services contract included in the request for
proposals with each of the design-builders qualified by the
board to submit phase-two proposals.
Subd. 7. [PHASE-TWO PROPOSALS.] (a) The professional and
technical services contract with the design-builders selected to
submit phase-two proposals provided in the request for proposals
must require at least the following:
(1) preliminary plans and specifications, renderings, and
models as may be required in the request for proposals in
sufficient detail, to describe the character, quality, and scope
of the project;
(2) a design and construction schedule;
(3) the all-inclusive fixed price at which the
design-builder will complete the project if the phase-two
proposal is accepted, including a total development cost budget
in detail by building component with all soft costs, allowances,
and design fees; and
(4) other materials the board or commissioner determines
are necessary to fix the design, schedule, and cost of the
project.
(b) Phase-two proposals must be sealed and may not be
opened until expiration of the time established for making
proposals as set forth in the request for proposals.
(c) Phase-two proposals must identify each person with whom
the design-builder proposes to enter into subcontracts for
primary design and construction obligations under the
design-build contract. Persons so identified may not be
replaced without the approval of the commissioner, or the award
may be revoked.
(d) The design-builder must submit a written statement that
the phase-two proposal meets all requirements of the request for
proposals.
(e) The commissioner may require each design-builder to
submit with its phase-one or phase-two proposal, as applicable,
a cash deposit or bid bond in the amount of five percent of the
budget for the design-build contract. If the phase-one or
phase-two proposal, as applicable, is accepted but the
design-builder fails to execute the design-build contract, the
deposit or bond is forfeited to the extent allowable under law,
including the cost to the state of delays, resolicitation, and
other results of the failure of the selected design-builder to
enter into the design-build contract.
Subd. 8. [STIPULATED FEE.] The commissioner may award a
stipulated fee not less than two-tenths of one percent of the
department's estimated cost of design and construction to each
short-listed, responsible proposer who provides a responsive but
unsuccessful proposal. If the commissioner does not award a
contract, all short-listed proposers may receive the stipulated
fee. If the commissioner cancels the contract before reviewing
the technical proposals, the commissioner may award each
design-builder on the short list a stipulated fee of not less
than two-tenths of one percent of the commissioner's estimated
cost of design and construction. The commissioner shall pay the
stipulated fee, if any, to each proposer within 90 days after
the award of the contract or the decision not to award a
contract. In consideration for paying the stipulated fee, the
commissioner may use any ideas or information contained in the
proposals in connection with any contract awarded for the
project or in connection with a subsequent procurement, without
any obligation to pay any additional compensation to the
unsuccessful proposers. Notwithstanding the other provisions of
this subdivision, an unsuccessful short-list proposer may elect
to waive the stipulated fee. If an unsuccessful short-list
proposer elects to waive the stipulated fee, the commissioner
may not use ideas and information contained in that proposer's
proposal. Upon the request of the commissioner, a proposer who
waived a stipulated fee may withdraw the waiver, in which case
the commissioner shall pay the stipulated fee, if any, to the
proposer and thereafter may use ideas and information in the
proposer's proposal.
Subd. 9. [DESIGN-BUILDER SELECTION.] (a) After obtaining
and evaluating proposals from each design-builder according to
the criteria and procedures in the request for proposals, the
board shall rank the phase-one or phase-two proposals, as
applicable, and select the proposal that is rated the highest
based on the weighted evaluation criteria in the request for
proposal. The board or commissioner may require clarifications
from design-builders during the evaluation process. Selection
according to this method may result in an award not being made
to the lowest cost proposal.
(b) If the project is within the capitol area, the capitol
area architectural and planning board shall participate in the
evaluation of phase-two proposals.
Subd. 10. [AWARD OF DESIGN-BUILD CONTRACT.] If the
commissioner decides not to reject all proposals, the
commissioner shall award and enter into the design-build
contract with the design-builder that submitted the phase-one or
phase-two proposal, as applicable, rated highest based on the
weighted evaluation criteria as evaluated under the request for
qualifications or request for proposals as applicable.
Subd. 11. [EXPIRATION.] This section expires January 1,
2004.
Sec. 42. Minnesota Statutes 2000, section 85.019,
subdivision 4a, is amended to read:
Subd. 4a. [NATURAL AND SCENIC AREAS.] The commissioner
shall administer a program to provide grants to units of
government and school districts 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 or $500,000, whichever is less, of the
costs of acquisition and betterment of land acquired under this
subdivision. The commissioner shall make payment to a unit of
government upon receiving documentation of reimbursable
expenditures.
Sec. 43. Minnesota Statutes 2000, section 85.019,
subdivision 4c, is amended to read:
Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner
shall administer a program to provide grants to units of
government for up to 50 percent of the costs of acquisition and
betterment of public land and improvements needed for trails
that connect communities, trails, and parks and thereby increase
the effective length of trail experiences. Recipients must
provide a nonstate cash match of at least one-half of total
eligible project costs. If land used for the trails is not in
full public ownership, then the recipients must prove it is
dedicated to the purposes of the grants for at least 20
years. The commissioner shall make payment to a unit of
government upon receiving documentation of reimbursable
expenditures. A unit of government may enter into a lease or
management agreement for the trail, subject to section 16A.695.
Sec. 44. Minnesota Statutes 2000, section 103F.205,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 103F.201 to 103F.221 103F.225.
Sec. 45. [103F.225] [SHORELAND PROTECTION PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The board of water and
soil resources shall establish a program to acquire conservation
easements in environmentally sensitive lake and river shoreland
areas from private landowners. The board may award grants to
local soil and water conservation districts and participating
local units of government to accomplish the purposes of the
program. The board shall coordinate the acquisition of lake and
river shoreland conservation easements with shoreland protection
and enhancement activities of the commissioner of natural
resources, the pollution control agency, and other public and
private entities.
Subd. 2. [LOCAL ACQUISITION CRITERIA.] A participating
soil and water conservation district or local unit of government
must establish a working group of interested individuals. The
working groups, along with the county board and the soil and
water conservation district, must develop criteria for
acquisition of lake and river shoreland conservation easements
and the preservation and enhancement of degraded or eroded
shoreland.
Subd. 3. [USE OF GRANTS.] The board, a participating soil
and water conservation district, or local unit of government may
use a grant for the acquisition of shoreland conservation
easements. The grant may be up to 100 percent of the cost of
acquisition of the easement. A conservation easement, as
defined in section 84C.01, must be permanent and is subject to
applicable provisions relating to easement acquisition in
section 103F.515, subdivisions 3 to 6, 8 and 9, except the
easement may be held by the board, a local unit of government,
or a soil and water conservation district. Section 273.117
applies to conservation easements acquired under this section.
Subd. 4. [CONSERVATION PLAN; GRANT PRIORITY.] (a) An
entity applying for a grant to acquire a shoreland conservation
easement under this section, must prepare a conservation plan
for the area subject to the easement to provide for the
preservation and enhancement of the natural shoreline. The
conservation plan shall also include information on identified
and committed funding sources to implement the plan.
(b) The board shall give priority for grants based on:
(1) the environmental sensitivity of the shoreland;
(2) the need for preservation and enhancement of the
shoreland due to existing degradation and erosion; and
(3) the extent that funding, including in-kind
contributions, has been committed to implement the conservation
plan.
Subd. 5. [EXPIRATION.] This section expires June 30, 2004.
Sec. 46. [116J.431] [GREATER MINNESOTA BUSINESS
DEVELOPMENT PUBLIC INFRASTRUCTURE GRANT PROGRAM.]
Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The
commissioner shall make grants to cities to provide up to 50
percent of the capital costs of public infrastructure necessary
for an eligible economic development project. The city
receiving a grant must provide for the remainder of the costs of
the project, either in cash or in kind. In-kind contributions
may include the value of site preparation other than the public
infrastructure needed for the project.
For purposes of this section, "city" means a statutory or
home rule charter city located outside the metropolitan area, as
defined in section 473.121, subdivision 2.
"Public infrastructure" means publicly owned physical
infrastructure necessary to support economic development
projects, including, but not limited to, sewers, water supply
systems, utility extensions, streets, wastewater treatment
systems, stormwater management systems, and facilities for
pretreatment of wastewater to remove phosphorus.
The purpose of the grants is to keep or enhance jobs in the
area, increase the tax base, or to expand or create new economic
development.
Subd. 2. [ELIGIBLE PROJECTS.] An economic development
project for which a city may be eligible to receive a grant
under this section includes:
(1) manufacturing;
(2) technology;
(3) warehousing and distribution;
(4) research and development;
(5) agricultural processing, defined as transforming,
packaging, sorting, or grading livestock or livestock products
into goods that are used for intermediate or final consumption,
including goods for nonfood use; or
(6) industrial park development that would be used by any
other business listed in this subdivision.
Subd. 3. [INELIGIBLE PROJECTS.] The following projects are
not eligible for a grant under this section:
(1) retail development; or
(2) office space development, except as incidental to an
eligible purpose.
Subd. 4. [APPLICATION.] The commissioner must develop
forms and procedures for soliciting and reviewing applications
for grants under this section. At a minimum, a city must
include in its application a resolution of the city council
certifying that the required local match is available. The
commissioner must evaluate complete applications for eligible
projects using the following criteria:
(1) the project is an eligible project as defined under
subdivision 2;
(2) the project will result in substantial public and
private capital investment and provide substantial economic
benefit to the city in which the project would be located;
(3) the project is not relocating substantially the same
operation from another location in the state, unless the
commissioner determines the project cannot be reasonably
accommodated within the city in which the business is currently
located, or the business would otherwise relocate to another
state; and
(4) the project will create or maintain full-time jobs.
The determination of whether to make a grant for a site is
within the discretion of the commissioner, subject to this
section. The commissioner's decisions and application of the
priorities are not subject to judicial review, except for abuse
of discretion.
Subd. 5. [SET ASIDES.] (a) During the first two years of
the program, $2,000,000, must be used only for grants to cities
with a population of less than 5,000.
(b) Twenty percent of the amount available must be used
only for grants for industrial park developments.
Subd. 6. [MAXIMUM GRANT AMOUNT.] A city may receive no
more than $1,000,000 in two years for one or more projects.
Subd. 7. [CANCELLATION OF GRANT; RETURN OF GRANT
MONEY.] If after five years, the commissioner determines that a
project has not proceeded in a timely manner and is unlikely to
be completed, the commissioner must cancel the grant and require
the grantee to return all grant money awarded for that project.
For industrial park development projects, if after five years
the industrial park is not developed and available for business
use, the commissioner must cancel the grant and require the
grantee to return all grant money for that project. If the
industrial park is developed and available for use within five
years, but no businesses have located in the park, the grantee
is not required to return any grant money.
Subd. 8. [APPROPRIATION.] Grant money returned to the
commissioner is appropriated to the commissioner to make
additional grants under this section.
Sec. 47. [116J.571] [CREATION OF ACCOUNTS.]
Two greater Minnesota redevelopment accounts are created,
one in the general fund and one in the bond proceeds fund.
Money in the accounts may be used to make grants as provided in
section 116J.575. Money in the bond proceeds fund may only be
used for eligible costs for publicly owned property. Money in
the general fund may be used to pay for the commissioner's costs
in reviewing the applications.
Sec. 48. [116J.572] [DEFINITIONS.]
Subdivision 1. [SCOPE OF APPLICATION.] For purposes of
sections 116J.571 to 116J.575, the terms in this section have
the meanings given.
Subd. 2. [DEVELOPMENT AUTHORITY.] "Development authority"
includes a statutory or home rule charter city, county, housing
and redevelopment authority, economic development authority, or
port authority located outside the seven-county metropolitan
area, as defined in section 473.121, subdivision 2.
Subd. 3. [ELIGIBLE COSTS OR COSTS.] "Eligible costs" or
"costs" means the costs of land acquisition, stabilizing
unstable soils, demolition, infrastructure improvements, ponding
or other environmental infrastructure; building construction,
design and engineering; and adaptive reuse of buildings.
Eligible costs do not include project administration and legal
fees.
Subd. 4. [REDEVELOPMENT.] "Redevelopment" means recycling
obsolete, abandoned, or underutilized properties for new
industrial, commercial, or residential uses.
Sec. 49. [116J.573] [CRITERIA FOR ACCOUNTS AND PROJECTS.]
Subdivision 1. [ACCOUNTS.] Criteria for use of the
accounts created in section 116J.571 must be consistent with and
promote the purposes of sections 116J.571 to 116J.575. They
include, but are not limited to:
(1) creating and preserving living wage jobs in greater
Minnesota;
(2) creating incentives for communities to include a full
range of housing opportunities;
(3) creating incentives for all communities to implement
compact, efficient, and mixed-use development; and
(4) creating incentives to assist communities in
maintaining a unique sense of place by preserving local,
cultural assets.
Subd. 2. [PROJECTS.] To be eligible for funding by the
greater Minnesota redevelopment account, a project must:
(1) interrelate redevelopment with other public investments
in transportation, housing, schools, energy, utilities
information infrastructure, and other public services;
(2) interrelate affordable housing and employment growth
areas;
(3) intensify land use that leads to more compact
redevelopment;
(4) involve redevelopment that mixes incomes of residents
in housing, including introducing or reintroducing higher value
housing in lower income areas to achieve a mix of housing
opportunities;
(5) involve participation from citizens and the business
community in the planning and development of the proposed
redevelopment plan;
(6) encourage public infrastructure investments which
attract private sector redevelopment investment in commercial,
industrial, and residential properties adjacent to public
improvements, and provide project area residents with expanded
opportunities for private sector employment; or
(7) be sustainable at the local level and reduce the
probability of future requests for state development,
maintenance, or replacement assistance.
Subd. 3. [OTHER FACTORS.] The factors listed in
subdivisions 1 and 2 are not ranked in order of priority.
Rather, the commissioner may weigh each factor depending upon
the facts and circumstances as the commissioner considers
appropriate. The commissioner may consider other factors
including, but not limited to, blight reduction, community
stabilization, and property tax base maintenance or improvement.
Subd. 4. [PARTNERSHIPS.] The commissioner shall give
priority to proposals using innovative financial partnerships
between government, private for-profit, and nonprofit sectors as
well as to proposals that meet current tax increment financing
requirements for a redevelopment district and contribute tax
increment financing towards the project.
Subd. 5. [ANNUAL REPORT.] The commissioner shall prepare
and submit to the legislature an annual report on the greater
Minnesota redevelopment account. The report must include
information on the amount of money in the account, the amount
distributed, to whom the grants were distributed and for what
purposes, and an evaluation of the effectiveness of the projects
funded in meeting the policies and goals of the program.
Sec. 50. [116J.574] [GRANT APPLICATIONS.]
Subdivision 1. [APPLICATION REQUIRED.] To obtain a grant,
a development authority shall apply to the commissioner.
Subd. 2. [REQUIRED CONTENT.] The commissioner shall
prescribe and provide the application form. The application
must include at least the following information:
(1) identification of the site;
(2) a detailed budget, including necessary supporting
evidence, of the total costs for the site including the total
eligible redevelopment costs;
(3) a complete redevelopment plan, including any specific
commitments from third parties to construct improvements on the
site;
(4) a complete financing plan, including the manner in
which the development authority uses innovative financial
partnerships between government, private for-profit, and
nonprofit sectors; and
(5) any additional information or material that the
commissioner prescribes.
Sec. 51. [116J.575] [GRANTS.]
Subdivision 1. [COMMISSIONER DISCRETION.] The commissioner
may make a grant for up to 50 percent of the eligible costs of a
project. The determination of whether to make a grant for a
site is within the discretion of the commissioner, subject to
this section and sections 116J.571 to 116J.574 and available
unencumbered money in the greater Minnesota redevelopment
account. The commissioner's decisions and application of the
priorities under this section are not subject to judicial
review, except for abuse of discretion.
Subd. 2. [APPLICATION CYCLES.] In making grants, the
commissioner shall establish semiannual application deadlines in
which grants will be authorized from all or part of the
available money in the account.
Sec. 52. Minnesota Statutes 2000, section 134.45,
subdivision 5, is amended to read:
Subd. 5. [QUALIFICATION.] A public library jurisdiction
may apply for a grant in an amount up to $150,000 or 50 percent
of the approved costs of removing architectural barriers from a
building or site, whichever is less. Grants may be made only
for projects in existing buildings used as a library, or to
prepare another existing building for use as a
library. Renovation of an existing building may include an
addition to the building if the additional space is necessary to
provide accessibility or if relocating public spaces to the
ground level provides improved overall accessibility. Grants
must not be used to pay part of the cost of meeting
accessibility requirements in a new building.
Sec. 53. Minnesota Statutes 2000, section 135A.046,
subdivision 2, is amended to read:
Subd. 2. [STANDARDS.] Capital budget expenditures for
Higher Education Asset Preservation and Replacement (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; or 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. Up to ten
percent of an appropriation awarded under this section may be
used for design costs for projects eligible to be funded from
this account in anticipation of future funding from the account.
Sec. 54. Minnesota Statutes 2000, section 136F.60,
subdivision 1, is amended to read:
Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY; STATE
UNIVERSITIES.] The board may purchase property adjacent to or in
the vicinity of the campuses as necessary for the development of
a state college or university. 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 colleges and universities, including, but not limited
to, general fund appropriations for instructional or
noninstructional expenditures, general fund appropriations
carried forward, or state college and university activity fund
appropriations. The board may pay relocation costs, at its
discretion, when acquiring property.
Sec. 55. [174.52] [LOCAL ROAD IMPROVEMENT FUND.]
Subdivision 1. [FUND CREATED.] A local road improvement
fund is created in the state treasury. The fund consists of
money transferred to the fund through appropriation, gift, or
grant.
Subd. 2. [TRUNK HIGHWAY CORRIDOR PROJECTS ACCOUNT.] A
trunk highway corridor projects account is established in the
local road improvement fund. Money in the account is annually
appropriated to the commissioner of transportation for
expenditure as specified in this section. Money in the account
must be used as grants or loans to statutory or home rule
charter cities, towns, and counties to assist in paying the
local share of trunk highway projects that have local costs that
are directly or partially related to the trunk highway
improvement and that are not funded or are only partially funded
with other state and federal funds. The commissioner shall
determine the amount of the local share of costs eligible for
assistance from the account.
Subd. 3. [ADVISORY COMMITTEE.] The commissioner shall
establish an advisory committee consisting of five members,
including:
(1) one county commissioner;
(2) one county engineer;
(3) one city engineer;
(4) one city council member or city administrator
representing a city with a population over 5,000; and
(5) one city council member or city administrator
representing a city with a population under 5,000. The advisory
committee shall provide recommendations to the commissioner
regarding expenditures from the trunk highway corridor projects
account.
Subd. 4. [LOCAL ROAD ACCOUNT FOR ROUTES OF REGIONAL
SIGNIFICANCE.] A local road account for routes of regional
significance is established in the local road improvement fund.
Money in the account is annually appropriated to the
commissioner of transportation for expenditure as specified in
this section. Money in the account must be used as grants or
loans to statutory or home rule charter cities, towns, and
counties to assist in paying the costs of constructing or
reconstructing city streets, county highways, or town roads with
statewide or regional significance that has not been fully
funded through other state, federal, or local funding sources.
Subd. 5. [GRANT PROCEDURES AND CRITERIA.] The commissioner
shall establish procedures for statutory or home rule charter
cities, towns, and counties to apply for grants or loans from
the fund and criteria to be used to select projects for funding.
The commissioner shall establish these procedures and criteria
in consultation with representatives appointed by the
association of Minnesota counties, league of Minnesota cities,
and Minnesota township officers association. The criteria for
determining project priority and the amount of a grant or loan
must be based upon consideration of:
(1) the availability of other state, federal, and local
funds;
(2) the regional significance of the route;
(3) effectiveness of the proposed project in eliminating a
transportation system deficiency;
(4) the number of persons who will be positively impacted
by the project;
(5) the project's contribution to other local, regional, or
state economic development or redevelopment efforts; and
(6) ability of the local unit of government to adequately
provide for the safe operation and maintenance of the facility
upon project completion.
Subd. 6. [ADMINISTRATIVE COSTS.] A sum of 0.25 percent of
the total amount in the fund, other than amounts deposited in
the fund from the proceeds from the sale of state bonds, is
available to be used for administrative costs incurred by the
department in carrying out the provisions of this section.
Sec. 56. Minnesota Statutes 2000, section 240A.02,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP; COMPENSATION; CHAIR.] (a) The
Minnesota amateur sports commission consists of 12 14 voting
members, four of whom must be experienced in promoting amateur
sports. Nine Of the voting members, nine shall be appointed by
the governor and two shall be appointed by the commission to
three-year terms. Of the total commission membership, including
voting and nonvoting members, one member must reside in each of
the state's congressional districts. Four legislators, two from
each house appointed according to its rules, shall be nonvoting
members. One member from each house shall be from the minority
caucus. Compensation and removal of members and the filling of
membership vacancies are as provided in section 15.0575. A
member may be reappointed. The governor shall appoint the chair
of the commission after consideration of the commission's
recommendation.
(b) The governor, speaker of the house of representatives,
and senate majority leader shall each appoint one additional
voting member to the commission to a two-year term. The purpose
of adding three members to the commission is to ensure gender
balance in commission membership. Compensation, removal, and
filling of vacancies of members appointed under this paragraph
are as provided in section 15.0575. A member appointed under
this paragraph may be reappointed.
Sec. 57. [383B.158] [DESIGN-BUILD CONTRACTS.]
Subdivision 1. [DEFINITIONS.] (a) In sections 383B.158 to
383B.1586, the definitions in this subdivision apply.
(b) "Best value" describes a result intended in acquiring
design-build services. Best value determination must include
price and must measure a responder's qualifications, experience,
prior performance, and responses to technical and qualitative
criteria.
(c) "County board" means the Hennepin county board of
commissioners.
(d) "Designer selection committee" means the designer
selection committee appointed by the county to advise the county
administrator and county board in preparing and conducting the
design-build selection process. At least three members of the
committee must be individuals who are not county employees, a
minimum of two members must be professionally licensed under
chapter 326, and at least one must be or must have been a
commercial contractor. No committee member shall have personal
financial interest in the project or with any of the
design-build proposals.
(e) "Design-build contract" means a single contract between
the county and a design-builder to furnish the architectural,
engineering, and related design services as well as the labor,
materials, supplies, equipment, and construction services for a
project.
(f) "Design-build firm" means a proprietorship,
partnership, limited liability partnership, joint venture,
corporation, or any type of limited liability company,
professional corporation, or any legal entity.
(g) "Design-builder" means the design-build firm that
proposes to design and build a project governed by the
procedures of this section.
(h) "Design professional" means a person who holds or
employs individuals who hold a license under chapter 326 and who
is required to be registered under Minnesota law.
(i) "Project" means an undertaking for the county to
design, construct, erect, or remodel a building or facility, or
to design, construct, or reconstruct a county road, bridge, or
other infrastructure relating to a county roadway.
(j) "Proposal" means an offer by a design-builder to enter
into a design-build contract for a project in response to a
request for proposals, including a phase-one or phase-two
proposal.
(k) "Request for proposals" or "RFP" means the document or
publication through which the county solicits proposals from
prequalified design-builders to design and construct a
design-build project.
(l) "Request for qualifications" or "RFQ" means a document
to prequalify and short-list potential design-builders for a
project.
Subd. 2. [AUTHORITY.] Notwithstanding section 471.345 or
any other law to the contrary, the county board may solicit and
award a design-build contract for a project on the basis of a
best value selection process as provided in this section.
Subd. 3. [RESTRICTION.] (a) The authority granted in
sections 383B.158 to 383B.1586 shall be to evaluate the
effectiveness of the design-build process for a county project.
(b) The board may not enter into a design-build contract
under this section unless the county has as employees at least
one of each of the following, each of whom must be licensed and
registered under state law: an architect, a mechanical
engineer, and a civil engineer. In addition, the county must
employ a full-time project manager with at least five years of
construction management experience.
Subd. 4. [PROCEDURES.] (a) The county board shall, by
resolution, adopt implementation procedures consistent with this
section for the award of design-build contracts.
(b) The implementation procedures must, at a minimum,
govern:
(1) the establishment of a designer selection committee
appointed by the county to advise the county administrator and
the county board in preparing and conducting the design-build
selection process, including a recommendation for the selection
of a design-build proposal it considers to be of best value to
the public;
(2) preparing requests for proposals, including procedures
for determining the appropriate content for each request for
proposal;
(3) standards to be used to qualify or prequalify
design-builders;
(4) preparing and submitting proposals;
(5) establishing procedures for evaluating proposals in as
objective a manner as possible;
(6) establishing safeguards to preserve confidential
information and proprietary information supplied by those
submitting proposals including, but not limited to, an offeror's
price, technical solutions, innovative or unique technology, and
innovative or unique use of commercially available items; and
(7) awarding and executing design-build contracts.
Subd. 5. [LICENSING REQUIREMENTS.] (a) A design-builder
must be licensed and registered to provide the services required
to complete the project and do business in this state.
(b) A design-builder may enter into a contract with the
county to provide professional or construction services that the
design-builder is not licensed, registered, or qualified to
perform, so long as the design-builder provides the services
through subcontracts with licensed, registered, or otherwise
qualified persons in accordance with this section.
(c) This section does not intend to limit or eliminate the
responsibility or liability owed by a professional on a
design-build project to the county or other parties under other
law.
Sec. 58. [383B.1581] [DESIGN-BUILD PROCESS.]
Subdivision 1. [TWO-PHASE PROCEDURE.] If the county board
determines that the design-build best value method of project
delivery is appropriate for a project, the county board shall
establish a two-phase procedure for awarding the design-build
contract.
Subd. 2. [CONTENTS.] The county, after considering
recommendations from the designer selection committee, shall
prepare or have prepared an RFQ. The RFQ must include the
following:
(1) the minimum qualifications of design-builders necessary
to meet the requirements for acceptance;
(2) a scope of work statement and schedule;
(3) documents defining the project requirements;
(4) the form of contract to be awarded;
(5) the weighted selection criteria for compiling a short
list and the number of firms to be included in the short list,
which must be at least two but not more than five;
(6) a description of the request for proposals (RFP)
requirements;
(7) the maximum time allowed for design and construction;
(8) the county board's estimated cost range of design and
construction;
(9) requirements for construction experience, design
experience, financial, personnel, and equipment resources
available from potential design-builders for the project and
experience in other design-build projects or similar projects,
provided that these requirements may not unduly restrict
competition; and
(10) a statement that "past performance" or "experience"
does not include the exercise or assertion of a person's legal
rights.
Subd. 3. [EVALUATION.] (a) The county shall solicit and
evaluate proposals and select a design-builder in two phases.
(b) In phase one, the county board, after considering the
recommendations from the designer selection committee, shall
adopt a short list of at least two but no more than five of the
most highly qualified firms in accordance with qualifications
criteria described in the RFQ. Prior to adoption of the short
list, the designer selection committee or the county board may
require clarification from the design-builders to ensure
conformance of proposals to the RFQ. The county must not
consider cost-related or price-related evaluation factors in
phase one.
(c) In phase two, the designer selection committee and the
county shall use the evaluation criteria in the RFP to determine
the design-build proposal to be the most advantageous and the
best value to the public. Prior to award of a contract, the
designer selection committee and, if necessary, the county board
may require clarification from the design-builders to ensure
conformance of proposals to the RFP.
Sec. 59. [383B.1582] [RFP FOR DESIGN-BUILD.]
During phase two, the county shall issue an RFP to the
design-builders on the short list. The request must include:
(1) the scope of work, including (i) performance and
technical requirements, (ii) conceptual design, (iii) minimum
specifications, and (iv) functional and operational elements for
the delivery of the completed project, which must be prepared by
a design professional qualified to prepare the necessary
documents;
(2) a description of the qualifications required of the
design-builder;
(3) a description of the selection criteria, including the
weighting of each criterion;
(4) copies of the contract documents that the successful
proposer will be expected to sign;
(5) the maximum time allowable for design and construction;
(6) the county's estimated range of cost for design and
construction;
(7) the requirement that a submitted proposal be segmented
into two parts, a technical proposal and a price proposal;
(8) the requirement that each proposal be in a separately
sealed, clearly identified package and include the date and time
of the submittal deadline;
(9) the requirement that the technical proposal include a
critical path method, bar schedule of the work to be performed,
or similar schematic; design plans and specifications; technical
reports; calculations; permit requirements; applicable
development fees; and other data requested in the RFP;
(10) the requirement that the price proposal contain all
design, construction, engineering, inspection, and
construction-related costs, and all other costs of any kind of
the proposed project;
(11) the date, time, and location of the public opening of
the sealed price proposals;
(12) a statement that "past performance" or "experience"
does not include the exercise or assertion of a person's legal
rights; and
(13) other information relevant to the project.
Sec. 60. [383B.1583] [REPLACING TEAM MEMBERS.]
An individual or a design-build firm identified in a
response to an RFQ or RFP may not be replaced without the
written approval of the county board. The county board may
revoke an awarded contract if an individual or a design-build
firm identified in a response to an RFQ or RFP is replaced
without the county board's written approval. To qualify for the
approval, the written request must document that the proposed
replacement individual or design-build firm will be equal to or
better than that described in the response to the RFQ or RFP.
The county board shall use the criteria specified in the RFQ or
RFP to evaluate the request.
Sec. 61. [383B.1584] [DESIGN-BUILD AWARD.]
The county board, after considering the recommendations of
the designer selection committee, shall award the design-build
contract to the proposer with the highest scored proposal based
on the evaluation criteria in the RFP. The rationale for the
selection of the proposal must be stated at the time of the
contract award. The county board may reject any or all
proposals, but must not do so to evade the other provisions and
policies of this section. If the county board rejects all
proposals, it may then solicit new proposals after making
appropriate modifications to performance criteria, budget
constraints, or qualifications.
Sec. 62. [383B.1585] [STIPULATED FEE.]
The county board, depending on the project's complexity and
scope and at the board's discretion for each project, may
determine that a stipulated fee be paid to each short-listed
responsible proposer who provides a responsive but unsuccessful
proposal. If a stipulated fee is to be paid, it must be clearly
identified in the RFQ or RFP. If the county board does not
award a contract, all short-listed proposers must receive the
stipulated fee. If the county board cancels the contract before
reviewing the technical proposals, the county board shall award
each design-builder on the short list a stipulated minimum fee
as set out in the RFP. The county board shall pay the
stipulated fee to each proposer within 90 days after the award
of the contract or the decision not to award a contract. In
consideration for paying the stipulated fee, the county board
may use any ideas or information contained in the proposals in
connection with any contract awarded for the project or in
connection with a subsequent procurement, without any obligation
to pay any additional compensation to the unsuccessful
proposers. Notwithstanding the other provisions of this
subdivision, an unsuccessful short-list proposer may elect to
waive the stipulated fee. If an unsuccessful short-list
proposer elects to waive the stipulated fee, the county may not
use ideas and information contained in that proposer's
proposal. Upon the request of the county, a proposer who waived
a stipulated fee may withdraw the waiver, in which case the
county board shall pay the stipulated fee to the proposer and
thereafter may use ideas and information in the proposer's
proposal.
Sec. 63. [383B.1586] [EXPIRATION.]
Sections 383B.158 to 383B.1586 expire December 31, 2007,
and apply only to design-build contracts entered into on or
before January 1, 2008, for the Northwest busway and the Lowry
Avenue bridge.
Sec. 64. Minnesota Statutes 2000, section 446A.07,
subdivision 4, is amended to read:
Subd. 4. [INTENDED USE PLAN.] (a) The pollution control
agency public facilities authority shall annually prepare and
submit to the United States Environmental Protection Agency an
intended use plan. The plan must identify the intended uses of
the amounts available to the water pollution control revolving
fund, including a list of wastewater treatment and storm water
projects and all other eligible activities to be funded during
the fiscal year. Information regarding eligible activities must
be submitted to the pollution control agency by the appropriate
state agency or department within 30 days of written
notification by the pollution control agency.
(b) To be eligible for placement on the intended use plan:
(1) a project must be listed on the pollution control
agency's project priority list;
(2) the applicant must submit a written request to the
public facilities authority, including a brief description of
the project, a project cost estimate and the requested loan
amount, and a proposed project schedule; and
(3) for a construction loan, the project must have a
facility plan approved by the pollution control agency.
(c) The pollution control agency shall annually provide to
the public facilities authority its project priority list of
wastewater and storm water projects to be considered for
funding. The pollution control agency public facilities
authority may not submit the plan until it has received the
review and comment of the authority pollution control agency or
until 30 days have elapsed since the plan was submitted to
the authority pollution control agency, whichever occurs first.
In addition, the public facilities authority shall offer
municipalities seeking placement on the intended use plan an
opportunity to review and comment on the plan before it is
adopted. The plan may be amended to add additional projects for
consideration for funding as it determines funds are available
and additional projects are able to proceed.
Sec. 65. Minnesota Statutes 2000, section 446A.072,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF PROGRAM.] The authority
will establish a wastewater infrastructure funding program to
provide supplemental assistance to municipalities applying
for receiving funding under through the water pollution control
revolving loan program or the United States Department of
Agriculture Rural Economic and Community Development's
(USDA/RECD) Water and Waste Disposal Loans and Grants program
for the design and planning, improvements to, and construction
of municipal wastewater treatment systems. The purpose of the
program is to assist municipalities demonstrating financial need
in building cost-efficient projects to address existing
environmental or public health problems. To implement the
program, the authority shall establish a wastewater
infrastructure fund to provide grants and loans for the purposes
authorized under title VI of the Federal Water Pollution Control
Act. The fund shall be credited with all investment income from
the fund and all repayments of loans, grants, and penalties.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 66. Minnesota Statutes 2000, section 446A.072,
subdivision 3, is amended to read:
Subd. 3. [PROGRAM ADMINISTRATION.] (a) The authority shall
provide supplemental assistance, as provided in subdivision 2,
5a to municipalities demonstrating financial need, as provided
in subdivision 4, whose projects have been certified to the
authority by the commissioner of the agency. The authority
shall reserve supplemental assistance for projects in order of
their priority ranking established by the agency.:
(1) whose projects are listed on the agency's project
priority list;
(2) that demonstrate their projects are a cost-effective
solution to an existing environmental or public health problem;
and
(3) whose projects are approved by the USDA/RECD or
certified by the commissioner of the agency.
(b) For a municipality receiving grant funding from the
USDA/RECD, applications must be made to the USDA/RECD with
additional information submitted to the authority as required by
the authority. Eligible project costs and affordability
criteria shall be determined by the USDA/RECD.
(c) For a municipality not receiving grant funding from the
USDA/RECD, application must be made to the authority on forms
prescribed by the authority for the water pollution control
revolving fund program with additional information as required
by the authority. In accordance with section 116.182, the
agency shall:
(1) calculate the essential project component percentage
which must be multiplied by the total project cost to determine
the eligible project cost; and
(2) review and certify approved projects to the authority.
(d) At the time funds are appropriated under this section,
the authority shall reserve supplemental assistance for projects
in order of their rankings on the agency's project priority list
and in an amount based on their most recent cost estimates
submitted to the authority or the as-bid costs, whichever is
less.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 67. Minnesota Statutes 2000, section 446A.072, is
amended by adding a subdivision to read:
Subd. 5a. [TYPE AND AMOUNT OF ASSISTANCE.] (a) For a
municipality receiving grant funding from the USDA/RECD, the
authority shall provide assistance in the form of a grant of up
to one-half of the eligible grant amount determined by
USDA/RECD. A municipality may not receive a grant under this
paragraph for more than $4,000,000 or $15,000 per existing
connection, whichever is less, unless specifically approved by
law. In the case of a sanitary district or other
multijurisdictional project for which the USDA/RECD is unable to
fully fund up to one-half of the eligible grant amount, the
authority may provide up to an additional $1,000,000 for each
additional municipality participating up to a maximum of
$8,000,000 or $15,000 per existing connection, whichever is
less, but not to exceed the maximum grant level determined by
the USDA/RECD as needed to keep the project affordable.
(b) For a municipality not receiving grant funding from the
USDA/RECD, the authority shall provide assistance in the form of
a loan for the eligible project costs that exceed five percent
of the market value of properties in the project service area.
A municipality may not receive a loan under this paragraph for
more than $4,000,000 or $15,000 per existing connection,
whichever is less, unless specifically approved by law. In the
case of a sanitary district or other multijurisdictional
project, the authority may provide a loan under this paragraph
for up to an additional $1,000,000 for each additional
municipality participating up to a maximum of $8,000,000 or
$15,000 per existing connection, whichever is less, unless
specifically approved by law. A loan under this paragraph must
bear no interest, must be repaid as provided in subdivision 7,
and must only be provided in conjunction with a loan from the
water pollution control revolving fund under section 446A.07.
(c) Notwithstanding the limits in paragraphs (a) and (b),
for a municipality receiving supplemental assistance under this
section after January 1, 2002, if the authority determines that
the municipality's construction and installation costs are
significantly increased due to geological conditions of
crystalline bedrock or karst areas and discharge limits that are
more stringent than secondary treatment, the authority shall
provide assistance in the form of half grant and half loan.
Assistance from the authority may not be more than $25,000 per
existing connection. Any additional grant amount received for
the same project must be used to reduce the amount of the
municipality's loan from the water pollution control revolving
fund that exceeds five percent of the market value of properties
in the project service area.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 68. Minnesota Statutes 2000, section 446A.072, is
amended by adding a subdivision to read:
Subd. 5b. [SPECIAL ASSESSMENT DEFERRAL.] A municipality
receiving a loan under subdivision 5a that levies special
assessments to repay the loan under subdivision 5a or section
446A.07 may defer payment of such assessments under the
provisions of sections 435.193 to 435.195.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 69. Minnesota Statutes 2000, section 446A.072,
subdivision 6, is amended to read:
Subd. 6. [DISBURSEMENTS.] Disbursements made of grants or
loans awarded under this section by the authority to recipients
must be made for eligible project costs as incurred by the
recipients, and must be made by the authority in accordance with
the project financing agreement and applicable state and federal
laws and rules governing the payments.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 70. Minnesota Statutes 2000, section 446A.072,
subdivision 7, is amended to read:
Subd. 7. [LOAN REPAYMENTS.] All loan repayments received
by the authority under subdivision 2 must be used to provide
additional assistance under this section. A municipality
receiving a loan under this section shall repay the loan in
semiannual payment amounts determined by the authority. The
payment amount must be based on the average payments on the
municipality's water pollution control revolving fund loan or,
if greater, the minimum amount required to fully repay the loan
by the maturity date. Payments must begin within one year of
the date of the municipality's final payment on the water
pollution control revolving fund loan. The maturity date of the
loan must be no later than 20 years from the date of the first
payment.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 71. Minnesota Statutes 2000, section 446A.072,
subdivision 8, is amended to read:
Subd. 8. [ELIGIBILITY.] A municipality is eligible for
assistance under this section only after grant funding from
other sources has been applied for, obtained, rejected, or the
authority has determined that the potential funding is unlikely.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 72. Minnesota Statutes 2000, section 446A.072,
subdivision 9, is amended to read:
Subd. 9. [LOAN LIMITATION.] Supplemental assistance may
not be used to reduce the sewer service charges of a significant
wastewater contributor, or a single user that has caused the
need for the project or whose current or projected flow and load
exceed one-half of the current wastewater treatment plant's
capacity, unless the applicant can demonstrate to the authority
that the significant wastewater contributor cannot pay its fair
share. Funding will not be provided for projects that are not
qualified for assistance or that would violate the state's
constitution or laws regarding the use of funds appropriated for
the program.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 73. Minnesota Statutes 2000, section 446A.072,
subdivision 11, is amended to read:
Subd. 11. [REPORT ON NEEDS.] By October 15 February 1 of
each odd-numbered even-numbered year, the authority, in
conjunction with the pollution control agency, shall prepare a
report to the finance division of the senate environment and
natural resources committee and the house environment and
natural resources finance committee on wastewater funding
assistance needs of municipalities under this section.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 74. Minnesota Statutes 2000, section 446A.072,
subdivision 12, is amended to read:
Subd. 12. [SYSTEM REPLACEMENT FUND.] Each recipient of
assistance municipality receiving a loan under this section
shall establish a system replacement fund setting aside and
shall annually deposit a minimum of $.10 $.50 per 1,000 gallons
of flow for major rehabilitation, expansion, or replacement of
the treatment plant system at the end of its useful life. Money
must remain in the account, for the life of the loan associated
with the supplemental assistance under this section, unless use
of the fund is approved in writing by the authority for major
rehabilitation, expansion, or replacement of the treatment
plant. Failure to maintain the fund will cancel the loan
forgiveness provided under subdivision 2 system. By March 1
each year during the life of the loan, each municipality shall
submit a report to the authority regarding the amount deposited
and the fund balance for the prior calendar year. Failure to
comply with the requirements of this subdivision shall result in
the authority assessing a penalty fee to the municipality equal
to one percent of the outstanding loan balance for each year of
noncompliance. Failure to make the required deposit or pay the
penalty fee as required constitutes a default on the loan.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 75. Minnesota Statutes 2000, section 446A.072, is
amended by adding a subdivision to read:
Subd. 14. [CONSISTENCY WITH LAND USE PLANS.] A
municipality applying for a project in an unsewered area shall
include in its application to the authority a certification from
the county in which the project is located that:
(1) the project is consistent with the county comprehensive
land use plan, if the county has adopted one;
(2) the project is consistent with the county water plan,
if the county has adopted one; and
(3) the county has adopted specific land use ordinances or
controls so as to meet or exceed the requirements of Minnesota
Rules, part 7080.0305.
[EFFECTIVE DATE.] This section is effective for funds
appropriated after January 1, 2002.
Sec. 76. Minnesota Statutes 2000, section 446A.12,
subdivision 1, is amended to read:
Subdivision 1. [BONDING AUTHORITY.] The authority may
issue negotiable bonds in a principal amount that the authority
determines necessary to provide sufficient funds for achieving
its purposes, including the making of loans and purchase of
securities, the payment of interest on bonds of the authority,
the establishment of reserves to secure its bonds, the payment
of fees to a third party providing credit enhancement, and the
payment of all other expenditures of the authority incident to
and necessary or convenient to carry out its corporate purposes
and powers, but not including the making of grants. Bonds of
the authority may be issued as bonds or notes or in any other
form authorized by law. The principal amount of bonds issued
and outstanding under this section at any time may not exceed
$850,000,000 $1,000,000,000, excluding bonds for which refunding
bonds or crossover refunding bonds have been issued.
Sec. 77. Laws 1987, chapter 400, section 8, subdivision 5,
is amended to read:
Subd. 5. Great River Road Project 3,000,000
This appropriation is for a grant to
the Minneapolis park and recreation
board for land acquisition for the
Great River Road project in the central
Mississippi regional park along the
central waterfront area in downtown
Minneapolis, provided that the city of
Minneapolis issues $3,000,000 in bonds
to be used to acquire land for the same
project by January 1, 1988. The
Minneapolis park and recreation board
may enter into an agreement to operate
the property known as the Fuji Ya
restaurant property, as a restaurant or
entertainment facility, subject to
Minnesota Statutes, section 16A.695.
An agreement entered into by the
Minneapolis park and recreation board
to operate the property known as the
Fuji Ya restaurant property as a
restaurant or entertainment facility
would benefit the Great River Road
project, further public efforts to
reclaim the Mississippi Riverfront in
Minneapolis, and be a program that
furthers the governmental purpose of
the Great River Road project.
Sec. 78. Laws 2000, chapter 492, article 1, section 3,
subdivision 5, is amended to read:
Subd. 5. Bemidji State University
(a) American Indian History Center 2,000,000
To predesign, design, construct,
furnish, and equip a museum and center
for American Indian history and
policy. In addition to the
appropriation in this subdivision, up
to $1,000,000 in nonstate money may be
added to this project.
(b) Northwest Technical College 5,000,000
(a) To design, construct, furnish, and
equip a technology laboratory building.
(b) The remaining money from the
appropriation in Laws 1998, chapter
404, section 3, subdivision 5, may be
used for predesign and design of the
project in paragraph (a), and predesign
of phase II.
(c) The board of trustees must not
convey the technical college to the
school district.
(d) The board of trustees shall advise
the chairs of the senate higher
education budget division and the house
higher education finance committee
before initiating predesign of phase II.
Sec. 79. Laws 2000, chapter 492, article 1, section 12,
subdivision 7, is amended to read:
Subd. 7. World War II Veterans Memorial 150,000
This appropriation is from the general
fund.
For design, architectural drawings, and
the start of construction for a World
War II veterans memorial on the state
capitol mall. The design is subject to
approval by the capitol area
architectural and planning board. The
commissioner of veterans affairs shall
convene an advisory group, including
members of veterans organizations to
review and make recommendations about
the design of the memorial. The
appropriation must be matched by an
equal amount from nonstate sources.
The commissioner may accept donations
from nonstate sources for purposes
stated in this subdivision.
Sec. 80. Laws 2000, chapter 492, article 1, section 15,
subdivision 4, is amended to read:
Subd. 4. Minnesota
Military Museum at Camp Ripley 125,000
To upgrade the electrical and lighting,
and heating, ventilation, and air
conditioning systems in the main
building of the Minnesota military
museum, to design and, construct,
furnish, and equip, including permanent
display cases, an addition to the
museum, and to insulate a heating
system in building I-40. The adjutant
general may enter into a lease or
management agreement for the museum,
subject to Minnesota Statutes, section
16A.695.
Sec. 81. Laws 2000, chapter 492, article 1, section 22,
subdivision 3, as amended by Laws 2000, chapter 499, section 15,
which amendment was reenacted in Laws 2001, First Special
Session chapter 12, section 15, is amended to read:
Subd. 3. Wastewater Infrastructure
Funding Program 18,319,000
$6,309,000 $4,309,000 of this
appropriation is from the general fund
of which $319,000 is to administer the
wastewater infrastructure fund program.
To the public facilities authority for
grants to eligible municipalities under
the wastewater infrastructure program
established in Minnesota Statutes,
section 446A.072.
To the greatest extent practical, the
authority should use the grants for
projects on the 2000 intended use plan
in priority order to qualified
applicants that submit plans and
specifications to the pollution control
agency or receive a funding commitment
from USDA rural development before
December 1, 2001. In determining
whether the penalty factor under
Minnesota Rules, part 7077.0196, should
be applied to a project, the pollution
control agency shall, beginning with
the 2001 Intended Use Plan and Project
Priority list, first assess the impact
of the new or expanded discharge
compared to the impact of the
preexisting conditions and to the
impact of alternative discharge
locations. If the agency determines
that the new or expanded discharge is
to a less environmentally sensitive
area or that it is the preferable
location for the discharge compared to
the alternatives, the agency shall not
apply the penalty factor to the
project. The pollution control agency
shall include as a factor in
prioritizing projects whether a project
is a multijurisdictional project
connecting areas with failing onsite
treatment systems with an existing or
regional wastewater treatment system.
The authority shall set aside up to
$400,000 for the Innovative Technology
Grants Program to provide 50 percent
reimbursement for the cost of equipment
and installation into an existing
municipal wastewater treatment system.
The project must be approved by the
pollution control agency and
demonstrate the application of existing
technology that has not been used
before in the treatment of municipal
wastewater, but has the potential to
improve the treatment of wastewater or
make the treatment process more cost
effective.
Beginning with the 2001 intended use
plan, the pollution control agency
shall include whether a community has a
moratorium on development as a factor
in prioritizing projects. The agency
shall adopt rules implementing the
provisions of this paragraph under
Minnesota Statutes, section 14.389.
Sec. 82. Laws 2000, chapter 492, article 1, section 22,
subdivision 4, is amended to read:
Subd. 4. Clean Water Partnership 2,000,000
For deposit in the water pollution
control fund under Minnesota Statutes,
section 446A.07, for the clean water
partnership loan program under
Minnesota Statutes, section
103F.725. This appropriation is from
the general fund.
Sec. 83. Laws 2000, chapter 492, article 1, section 27, is
amended to read:
Sec. 27. [CANCELLATIONS AND TRANSFERS.]
(a) The $734,000 appropriation in Laws 1994, chapter 643,
section 18, for the design of the labor interpretive center is
canceled. The bond sale authorization in Laws 1994, chapter
643, section 31, subdivision 1, is reduced by $734,000.
(b) The $1,100,000 appropriation in Laws 1994, chapter 643,
section 19, subdivision 9, as amended by Laws 1995, chapter 224,
section 124, and Laws 1997, chapter 183, article 3, section 30,
for the American Indian history center at Bemidji state
university is canceled. The bond sale authorization in Laws
1994, chapter 643, section 31, subdivision 1, is reduced by
$1,100,000.
(c) $130,000 of the appropriation in Laws 1994, chapter
643, section 23, for dam improvements is canceled. The bond
sale authorization in Laws 1994, chapter 643, section 31,
subdivision 1, is reduced by $130,000.
(d) $383,000 of the appropriation in Laws 1996, chapter
463, section 13, subdivision 9, for a support services facility
near the corner of Mississippi Street and University Avenue is
canceled. The bond sale authorization in Laws 1996, chapter
463, section 27, subdivision 1, is reduced by $383,000.
(e) The unobligated balance of the appropriation in Laws
1996, chapter 463, section 15, subdivision 4, for an armory
facility and ramp near the corner of Rice Street and University
Avenue, estimated to be $197,000, is canceled to the general
fund.
(f) $1,355,000 of the appropriation in Laws 1996, chapter
463, section 16, subdivision 5, for the Brainerd bed expansion
project is canceled. The bond sale authorization in Laws 1996,
chapter 463, section 27, subdivision 1, is reduced by $1,355,000.
(g) The $500,000 appropriation in Laws 1996, chapter 463,
section 22, subdivision 7, for the Battle Point historic site is
canceled. The bond sale authorization in Laws 1996, chapter
463, section 27, subdivision 1, is reduced by $500,000.
(h) $10,000,000 of the appropriation in Laws 1997, Second
Special Session chapter 2, section 2, for public safety disaster
assistance funds is canceled. The bond sale authorization in
Laws 1997, Second Special Session chapter 2, section 12, is
reduced by $10,000,000.
(i) $5,800,000 of the appropriation in Laws 1998, chapter
404, section 13, subdivision 5, for the Minnesota labor
interpretive center is canceled to the general fund.
(j) $1,893,000 of the appropriation in Laws 1998, chapter
404, section 5, subdivision 5, for the Southwest Metropolitan
Integration Magnet School in Edina is canceled to the general
fund.
(k) The $800,000 appropriation in Laws 1998, chapter 404,
section 15, subdivision 5, for a tennis facility in the city of
St. Paul is canceled to the general fund.
(l) The $1,700,000 appropriation in Laws 1998 1999, chapter
404 240, article 2, section 22 11, for the Battle Point cultural
education center is canceled. The bond sale authorization in
Laws 1998 1999, chapter 404 240, article 2, section 27 16,
subdivision 1, is reduced by $1,700,000.
(m) The balance of the appropriation in Laws 1998 1999,
chapter 404 240, article 2, section 23 12, subdivision 11 5,
for the St. Cloud community events center is transferred to the
board of trustees of the Minnesota state colleges and
universities to construct a new athletic facility on the south
side of the existing St. Cloud State University campus. The
balance of the bond sale authorization in Laws 1998 1999,
chapter 404 240, article 2, section 27 16, subdivision 1,
attributable to the events center project is to provide the
money for the athletic facility project.
(n) $1,000,000 of the appropriation in Laws 1998 1999,
chapter 404 240, article 2, section 23 12, subdivision 24
14, for the Minnesota African-American Performing Arts Center is
canceled. The bond sale authorization in Laws 1998 1999,
chapter 404 240, article 2, section 27 16, subdivision 1, is
reduced by $1,000,000.
(o) The $4,000,000 appropriation in Laws 1999, chapter 240,
article 1, section 3, for the Southwest Metropolitan Integration
Magnet School in Edina is canceled. The bond sale authorization
in Laws 1999, chapter 240, article 1, section 13, is reduced by
$4,000,000.
(p) $321,000 of the unobligated balance of the
appropriation in Laws 1999, chapter 250, article 1, section 12,
subdivision 5, to demolish the capitol square building and
restructure the site as a temporary parking lot is canceled to
the general fund.
[EFFECTIVE DATE.] This section is effective retroactively
to May 16, 2000.
Sec. 84. Laws 2001, First Special Session chapter 12,
section 10, is amended to read:
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 $622,260,000 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. 85. [DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.]
Subdivision 1. [DEFINITION.] For purposes of this section,
"Dan Patch commuter rail line" means the commuter rail line
between Northfield and Minneapolis identified in the
metropolitan council's transit 2020 master plan as the Dan Patch
line.
Subd. 2. [METROPOLITAN COUNCIL; PROHIBITIONS.] The
metropolitan council must not take any action or spend any money
for study, planning, preliminary engineering, final design, or
construction for the Dan Patch commuter rail line. The council
must remove all references, other than references for historical
purposes, to the Dan Patch commuter rail line from any future
revisions to the council's transportation development guide and
the council's regional transit master plan.
Subd. 3. [COMMISSIONER OF TRANSPORTATION.] The
commissioner of transportation must not expend any money for
study, planning, preliminary engineering, final design, or
construction for the Dan Patch commuter rail line. The
commissioner must remove all references, other than references
for historical purposes, to the Dan Patch commuter rail line
from any future revisions to the state transportation plan and
the commissioner's commuter rail system plan.
Subd. 4. [REGIONAL RAIL AUTHORITIES.] No regional rail
authority may expend any money for study, planning, preliminary
engineering, final design, or construction for the Dan Patch
commuter rail line.
Sec. 86. [DM&E; WORKING GROUP.]
Subdivision 1. [MEMBERSHIP.] The commissioner of
transportation or the commissioner's designee shall convene a
multiagency working group on DM&E rail project mitigation,
consisting of the commissioners of public safety, the pollution
control agency, trade and economic development, and
transportation; and director of Minnesota planning; or their
designees. The director of Minnesota planning or the director's
designee shall serve as chair of the working group.
Subd. 2. [TASKS.] The working group shall:
(1) evaluate the economic effects of the DM&E rail
expansion project in southern Minnesota on each local unit of
government impacted by the project, including costs related to
noise mitigation costs, right-of-way acquisition, and
rail-highway grade crossing protection and upgrade;
(2) determine the availability of federal assistance and
other resources available to such local units of government for
mitigation costs, including the timing of the assistance and
resources;
(3) involve local units of government in issues discussed
by the working group; and
(4) determine what direct and indirect costs are likely to
accrue to private property owners as a result of the project
including, but not limited to, costs for mitigation,
right-of-way acquisitions, and crossing safety.
Subd. 3. [REPORTS.] The working group shall present an
interim report to the legislature by January 15, 2003, and a
final report to the legislature no later than January 15, 2004.
Sec. 87. [EXEMPTION FROM MORATORIUM.]
Notwithstanding Laws 2002, chapter 220, article 10, section
37, projects authorized in this act, Laws 2001, First Special
Session chapter 12, Laws 2000, chapter 492, and Laws 1999,
chapter 240, are exempt from any moratorium on professional or
technical contracts, as defined in Minnesota Statutes, section
16C.08, subdivision 1.
Sec. 88. [STATE BUILDING SALE TO COUNTY.]
Subdivision 1. [AUTHORIZED.] (a) Notwithstanding Minnesota
Statutes, section 16A.695 and chapter 94 or other law,
administrative rule, or commissioner's order to the contrary,
the state of Minnesota by and through its department of
administration, shall at the request of the St. Louis county
board of commissioners, sell and convey to St. Louis county by
July 31, 2002, for a consideration in the amount of $3,052,700
certain real property known as the government services center
and parking ramp legally described as: lots 50, 52, 54, 56, 58,
60, 62, 64, Duluth proper first division, West Second Street.
(b) The conveyance must be in a form approved by the
attorney general.
(c) $450,000 of the proceeds from the sale must be
deposited in the department of administration's asset
preservation account to reimburse the department of
administration for costs related to the recent installation of a
chiller at the Duluth Government Services Center. A portion of
the proceeds from the sale equal in amount to the survey,
appraisal, legal, advertising, and other related expenses
incurred by the commissioner of administration or other state
official rendering the property saleable shall be remitted to
the account from which the expenses were paid, and are
appropriated and immediately available for expenditure in the
same manner as other money in the account. The remaining
balance from the proceeds of the sale must be deposited in the
general fund.
Subd. 2. [RIGHTS, OBLIGATIONS.] The existing leases
between the state of Minnesota and St. Louis county of the real
property described in subdivision 1 are merged into the fee
ownership with this conveyance. All other leases with their
current terms and conditions concerning the real property must
be assigned to St. Louis county.
Subd. 3. [STATE LEASES.] (a) For a period of at least ten
years following sale of the real property described in
subdivision 1, St. Louis county must allow the state of
Minnesota to lease the space occupied by the state of Minnesota
at the time of the sale at the state's current lease rate with
annual adjustments for operational cost increases, which cost
must not include any capital improvement costs.
(b) The lease must be in a form approved by the attorney
general.
Sec. 89. [REPORT TO LEGISLATURE.]
Hennepin county must report to the legislature after the
completion of the Northwest busway but no later than June 1,
2007, on its evaluation of the effectiveness of the design-build
process.
Sec. 90. [CORRECTION.] 2002 H.F. No. 3270, article 11, if
enacted, is amended to read:
ARTICLE 11
GENERAL FUND CONVERSION TO BOND FUNDS
Section 1. [INTENT.]
This article intends to return to the unreserved general
fund $75,043,000 by changing the fund source of the projects
listed in this article in the amounts shown in sections 2 to 14,
by decreasing the appropriation from the general fund and by
appropriating an equal amount from the aggregate of the bond
proceeds fund and the transportation fund. This action changes
the designation of the fund sources made under the cumulative
effect of Laws 1998, chapter 404; Laws 1999, chapter 250; and
Laws 2000, chapters 479 and 492. This article also makes a new
appropriation of $77,000 from the bond proceeds fund for bond
sale expenses in connection with the bonds authorized in this
article.
Sec. 2. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund or other named fund to
the state agencies or officials indicated, to be spent for
public purposes, including to acquire and to better public land
and buildings and other public improvements of a capital nature,
as specified in this article.
SUMMARY
UNIVERSITY OF MINNESOTA $ 500,000
CHILDREN, FAMILIES, AND LEARNING 500,000
300,000
NATURAL RESOURCES 6,973,000
WATER AND SOIL RESOURCES BOARD 300,000
ADMINISTRATION 43,350,000
45,550,000
CAPITOL AREA ARCHITECTURAL AND
PLANNING BOARD 250,000
AMATEUR SPORTS COMMISSION 690,000
TRANSPORTATION 13,590,000
HUMAN SERVICES 1,500,000
CORRECTIONS 250,000
TRADE AND ECONOMIC DEVELOPMENT 5,590,000
3,590,000
MINNESOTA HISTORICAL SOCIETY 1,550,000
BOND SALE EXPENSES 77,000
TOTAL $ 75,120,000
Bond Proceeds Fund 61,530,000
Transportation Fund 13,590,000
APPROPRIATIONS
$
Sec. 3. UNIVERSITY OF MINNESOTA 500,000
To the board of regents of the
University of Minnesota for 1998 Higher
Education Asset Preservation and
Replacement.
Sec. 4. CHILDREN, FAMILIES, AND LEARNING 500,000
300,000
To the commissioner of children,
families, and learning for 1998 Early
Childhood Learning Facilities.
Sec. 5. NATURAL RESOURCES
Subdivision 1. To the commissioner
of natural resources for the purposes
specified in this section 6,973,000
Subd. 2. 1998 Park Building Rehabilitation 500,000
Subd. 3. 1998 Park Betterment
and Rehabilitation 500,000
Subd. 4. 1998 Forest Roads and Bridges 750,000
Subd. 5. 1998 Metro Greenways Acquisition 2,000,000
Subd. 6. Safe Harbors Program 3,223,000
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 300,000
To the board of water and soil
resources for local road replacement.
Sec. 7. ADMINISTRATION
Subdivision 1. To the commissioner of
administration for the purposes specified
in this section 45,350,000
45,550,000
Subd. 2. 2000 Asset Preservation 350,000
Subd. 3. 2000 Bureau of Criminal
Apprehension Facility 40,000,000
42,700,000
Subd. 4. 2000 Property Acquisition 450,000
Subd. 5. 1998 Asset Preservation 1,250,000
750,000
Subd. 6. 1998 Real Property Acquisition 1,000,000
Subd. 7. 1998 BCA Land Acquisition 300,000
Sec. 8. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD 250,000
To the commissioner of administration
for the HHH Memorial.
Sec. 9. AMATEUR SPORTS COMMISSION 690,000
To the amateur sports commission for
the Giants Ridge Facility.
Sec. 10. TRANSPORTATION
Subdivision 1. To the commissioner of
transportation for the purposes specified
in this section 13,590,000
This appropriation is from the
transportation fund.
Subd. 2. 2000 County and Local Bridges 13,000,000
Subd. 3. 1998 CSAH Highway 90 590,000
Sec. 11. HUMAN SERVICES 1,500,000
To the commissioner of administration
for 1998 Asset Preservation.
Sec. 12. CORRECTIONS 250,000
To the commissioner of administration
for 1998 Asset Preservation.
Sec. 13. TRADE AND ECONOMIC DEVELOPMENT 5,590,000
3,590,000
To the commissioner of trade and
economic development for 2000
Wastewater Infrastructure.
Sec. 14. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. To the Minnesota
historical society for the purposes
specified in this section 1,550,000
Subd. 2. 1998 Historic Site
Preservation and Repair 850,000
Subd. 3. Split Rock Lighthouse 700,000
Sec. 15. BOND SALE EXPENSES 77,000
To the commissioner of finance for
bond sale expenses under Minnesota
Statutes, section 16A.641, subdivision 8.
Sec. 16. [IDENTICAL PROJECTS.]
The purpose and use of appropriations in this article are
for the same purpose and use and for identical projects as
authorized in Laws 1998, chapter 404; Laws 1999, chapter 250;
and Laws 2000, chapters 479 and 492. Except for the fund source
of unspent parts of the appropriations listed in this article,
this article does not change or limit the purpose and use of the
appropriations and related requirements in Laws 1998, chapter
404; Laws 1999, chapter 250; and Laws 2000, chapters 479 and 492.
Sec. 17. [BOND SALE AUTHORIZATIONS.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this article from the bond proceeds fund, the
commissioner of finance shall sell and issue bonds of the state
in an amount up to $61,530,000 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 article from the transportation fund, the
commissioner of finance shall sell and issue bonds of the state
in an amount up to $13,590,000 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. 18. [CANCELLATION TO GENERAL FUND.]
Money appropriated from the general fund pursuant to 1998,
1999, and 2000 acts and not yet spent for the projects listed in
this article is canceled to the general fund in the amount shown
for each project.
Sec. 19. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
Sec. 91. [REPEALER.]
Minnesota Statutes 2000, sections 116J.561, 116J.562,
116J.563, 116J.564, 116J.565, 116J.566, 116J.567, and 446A.072,
subdivisions 2, 4, 5, 10, and 13, are repealed.
Sec. 92. [EFFECTIVE DATE; LOCAL APPROVAL.]
New Minnesota Statutes, sections 383B.158 to 383B.1586 are
effective the day after the governing body of Hennepin county
and its chief clerical officer timely complete their compliance
with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
Sec. 93. [EFFECTIVE DATE.]
Except as otherwise provided in this act, this act is
effective the day following final enactment.
Presented to the governor May 20, 2002
Signed by the governor May 22, 2002, 4:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes