1999 Minnesota Statutes

     16B.335 Review of plans and projects. 

    Subdivision 1.    Construction and major remodeling.  (a)
 The commissioner, or any other recipient to whom an 
 appropriation is made to acquire or better public lands or 
 buildings or other public improvements of a capital nature, must 
 not prepare final plans and specifications for any construction, 
 major remodeling, or land acquisition in anticipation of which 
 the appropriation was made until the agency that will use the 
 project has presented the program plan and cost estimates for 
 all elements necessary to complete the project to the chair of 
 the senate finance committee and the chair of the house ways and 
 means committee and the chairs have made their recommendations, 
 and the chair of the house capital investment committee is 
 notified.  "Construction or major remodeling" means construction 
 of a new building, a substantial addition to an existing 
 building, or a substantial change to the interior configuration 
 of an existing building.  The presentation must note any 
 significant changes in the work that will be done, or in its 
 cost, since the appropriation for the project was enacted or 
 from the predesign submittal.  The program plans and estimates 
 must be presented for review at least two weeks before a 
 recommendation is needed.  The recommendations are advisory 
 only.  Failure or refusal to make a recommendation is considered 
 a negative recommendation.  The chairs of the senate finance 
 committee, the house capital investment committee, and the house 
 ways and means committee must also be notified whenever there is 
 a substantial change in a construction or major remodeling 
 project, or in its cost. 

    (b) Capital projects exempt from the requirements of this 
 subdivision include demolition or decommissioning of state 
 assets, hazardous material projects, utility infrastructure 
 projects, environmental testing, parking lots, exterior 
 lighting, fencing, highway rest areas, truck stations, storage 
 facilities not consisting primarily of offices or heated work 
 areas, roads, bridges, trails, pathways, campgrounds, athletic 
 fields, dams, floodwater retention systems, water access sites, 
 harbors, sewer separation projects, water and wastewater 
 facilities, port development projects for which the commissioner 
 of transportation has entered into an assistance agreement under 
 section 457A.04, ice centers, or any other capital project with 
 a construction cost of less than $500,000. 

    Subd. 2.    Other projects.  All other capital projects 
 for which a specific appropriation is made must not proceed 
 until the recipient undertaking the project has notified the 
 chair of the senate finance committee, the chair of the house 
 capital investment committee, and the chair of the house ways 
 and means committee that the work is ready to begin.  Notice is 
 not required for capital projects needed to comply with the 
 Americans with Disabilities Act or funded by an agency's 
 operating budget or by a capital asset preservation and 
 replacement account under section 16A.632, or a higher education 
 capital asset preservation and renewal account under section 
 135A.046. 

    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. 

    Subd. 4.    Energy conservation.  A recipient to whom a 
 direct appropriation is made for a capital improvement project 
 shall ensure that the project complies with the applicable 
 energy conservation standards contained in law, including 
 sections 216C.19 to 216C.20, and rules adopted thereunder.  The 
 recipient may use the energy planning and intervention and 
 energy technologies units of the department of public service to 
 obtain information and technical assistance on energy 
 conservation and alternative energy development relating to the 
 planning and construction of the capital improvement project. 

    Subd. 5.    Information technology.  Agency requests for 
 construction and remodeling funds shall include money for 
 cost-effective information technology investments that would 
 enable an agency to reduce its need for office space, provide 
 more of its services electronically, and decentralize its 
 operations.  The office of technology must review and approve 
 the information technology portion of construction and major 
 remodeling program plans before the plans are submitted to the 
 chairs of the senate finance committee and the house of 
 representatives ways and means committee for their 
 recommendations and the chair of the house of representatives 
 capital investment committee is notified as required by 
 subdivision 1. 

    Subd. 6.    Information technology review precondition.  
 No state agency or department shall propose and the legislature 
 shall not consider building or relocation projects without 
 reviewing implications of utilizing information technology on 
 space utilization. 

    HIST: 1989 c 300 art 1 s 27; 1990 c 591 art 6 s 1; 1990 c 610 
 art 1 s 42; 1992 c 513 art 4 s 23; 1993 c 4 s 11; 1994 c 643 s 
 42-45; 1Sp1995 c 2 art 1 s 24-26; 1996 c 463 s 35; 1997 c 159 
 art 2 s 5; 1997 c 202 art 3 s 35; 1997 c 246 s 11; 1998 c 404 s 
 34; 1999 c 86 art 1 s 9