Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992 CHAPTER 558-H.F.No. 1903 An act relating to public administration; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; authorizing assessments for debt service; appropriating money, with certain conditions; amending Minnesota Statutes 1990, sections 16B.24, subdivision 2; 16B.30; 16B.31, subdivision 1; and 136C.05, subdivision 5; Minnesota Statutes 1991 Supplement, sections 124.479; proposing coding for new law in Minnesota Statutes, chapters 16A; and 136; repealing Minnesota Statutes 1990, sections 136.03, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. CAPITAL IMPROVEMENTS APPROPRIATIONS The sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent to acquire and to better public land and buildings and other public improvements of a capital nature, as specified in this act. SUMMARY TECHNICAL COLLEGES $ 12,907,000 COMMUNITY COLLEGES 14,630,000 STATE UNIVERSITIES 12,870,000 UNIVERSITY OF MINNESOTA 61,900,000 K-12 EDUCATION 25,836,000 HUMAN SERVICES 24,105,000 CORRECTIONS 15,382,000 JOBS AND TRAINING 2,000,000 HOUSING FINANCE AGENCY 3,000,000 ADMINISTRATION 26,396,000 MILITARY AFFAIRS 2,400,000 TRADE AND ECONOMIC DEVELOPMENT 4,550,000 PUBLIC FACILITIES AUTHORITY 7,500,000 SCIENCE MUSEUM OF MINNESOTA 200,000 NATURAL RESOURCES 11,682,000 BOARD OF WATER AND SOIL RESOURCES 1,250,000 AGRICULTURE 365,000 POLLUTION CONTROL AGENCY 13,050,000 OFFICE OF WASTE MANAGEMENT 2,000,000 MINNESOTA ZOOLOGICAL GARDEN 1,820,000 HISTORICAL SOCIETY 2,375,000 TRANSPORTATION 28,849,000 BOND SALE EXPENSES 260,000 CANCELLATIONS (327,000) TOTAL $275,000,000 Bond Proceeds Fund 231,695,000 General Fund 1,889,000 Maximum Effort School Loan Fund 12,130,000 State Airports Fund 2,000,000 Trunk Highway Fund 10,113,000 Transportation Fund 17,500,000 APPROPRIATIONS $ Sec. 2. TECHNICAL COLLEGES Subdivision 1. To the state board of technical colleges for the purposes specified in this section. 12,907,000 Notwithstanding Minnesota Statutes, section 475.61, subdivision 4, the state board of technical colleges may approve a request by a local school board to use any unobligated balance in the technical college debt redemption fund to pay the district's share of construction projects authorized in this section. In contracting for projects funded in this section, the state board must not restrict its access to litigation or limit its methods of redress to arbitration or other nonjudicial procedures. Notwithstanding Minnesota Statutes, section 136C.44, during the biennium the state board of technical colleges must not make grants to school districts but shall directly supervise and control the preparation of plans and specifications to construct, alter, or enlarge the technical college buildings, structures, and improvements provided for in this section. During the biennium, the state board shall advertise for bids and award contracts in connection with the improvements, supervise and inspect the work, approve necessary changes in the plans and specifications, approve estimates for payment, and accept the improvements when completed according to the plans and specifications. Until June 30, 1994, the state board of technical colleges may acquire lands or sites for public buildings or real estate by gift, purchase, or condemnation proceedings. Condemnation proceedings must be under Minnesota Statutes, chapter 117. During the biennium, the state board may delegate the authority provided in this section to the campus president for repair and replacement projects with a total cost of less than $50,000, if the state board determines that the projects can be efficiently managed at the campus level. Plans must be paid for out of this appropriation. The remainder of the appropriation must not be spent until the board has secured suitable plans and specifications, prepared by a competent architect or engineer. The plans and specifications must be accompanied by a detailed statement of the cost, quality, and description of all material and labor required for the completion of the work. No plan may be adopted, and no improvement made or building constructed, that contemplates the expenditure for its completion of more money than the appropriation for it, unless otherwise provided in this act. The state board may delegate responsibilities to technical college staff. Subd. 2. Repair and Betterment (a) Systemwide Capital Improvements 4,700,000 This appropriation is for roof repair and replacement, code compliance, critically needed repair of buildings, hazardous material and asbestos abatement, parking lots, and handicap access throughout the technical college system. This appropriation includes up to $70,000 to rehabilitate the existing diesel shop at Willmar Technical College. (b) Minneapolis Technical College 5,700,000 This appropriation is for the restoration of the exterior walls and roof. The total cost of this project must not exceed $6,706,000 whether paid from state, local, or federal money. Subd. 3. Brainerd Technical College 1,200,000 This appropriation is for working drawings for the joint campus with Brainerd Community College. The technical college board must consult with the community college board throughout the project. This appropriation may not be used to relocate or replace athletic fields or facilities. Costs associated with this relocation or replacement must be paid from local money. The state board of technical colleges may sell the current Brainerd Technical College site to independent school district No. 181, Brainerd, for the appraised value of the property. Subd. 4. Duluth Technical College 680,000 (a) This appropriation is for working drawings to remodel and construct classroom, lab, library, and child care space. This project will accommodate general education offered by the community college system and technical education offered by the technical college system on a single site. Duluth Technical College must consult with the community college system throughout the project. The total cost of this project must not exceed $800,000 whether paid from state, local, or federal money. (b) The state board shall supervise the construction of an aircraft rescue firefighting training center. The total cost of the project shall be paid from federal and local money. Subd. 5. Red Wing Technical College 327,000 (a) The appropriation in Laws 1988, chapter 703, article 2, section 2, subdivision 2, paragraph (d), is canceled. (b) $327,000 is for remodeling to consolidate the campuses. Subd. 6. Northwest Minnesota Interactive Television Project 300,000 This appropriation is from the general fund. Sec. 3. COMMUNITY COLLEGES Subdivision 1. To the commissioner of administration for the purposes specified in this section. 14,630,000 During the biennium, the state board for community colleges shall supervise and control the making of necessary repairs to all community college buildings and structures. In contracting for projects funded in this section, the state board must not restrict its access to litigation or limit its methods of redress to arbitration or other nonjudicial procedures. Subd. 2. Repair and Betterment (a) Systemwide Capital Improvements 4,500,000 This appropriation is for code compliance, critically needed repair of buildings, roof replacement and repair, hazardous material and asbestos abatement, mechanical/electrical system rehabilitation, parking lots, and handicap access throughout the community college system. (b) North Hennepin Community College 2,980,000 This appropriation is to construct and equip a new heating and cooling plant, upgrade energy control systems, install a dedicated fire suppression loop and hydrants, and make traffic modifications. Subd. 3. Austin Community College 7,150,000 This appropriation is for the construction and remodeling of a learning resource center, offices, campus center, classrooms, lab space, fitness center, and mechanical systems upgrade. This appropriation may be supplemented with local money. The community college board, in consultation with the technical college board, shall reexamine the proposed location of the learning resources center to determine a cost-effective strategy to locate the center on a site more readily accessible to both campuses. Prior to construction, the boards shall report their recommendations to the chairs of the house appropriations and senate finance committees. Sec. 4. STATE UNIVERSITY SYSTEM Subdivision 1. To the state university board for the purposes specified in this section. 12,870,000 During the biennium, the state university board shall supervise and control the preparation of plans and specifications for the construction, alteration, or enlargement of the state university buildings, structures, and improvements for which appropriations are made to the board. The board shall advertise for bids and award contracts in connection with the improvements, supervise and inspect the work, approve necessary changes in the plans and specifications, approve estimates for payment, and accept the improvements when completed according to the plans and specifications. Plans must be paid for out of this appropriation. The remainder of the appropriation must not be spent until the board has secured suitable plans and specifications, prepared by a competent architect or engineer. The plans and specifications must be accompanied by a detailed statement of the cost, quality, and description of all material and labor required for the completion of the work. No plan may be adopted, and no improvement made or building constructed, that contemplates the expenditure for its completion of more money than the appropriation for it, unless otherwise provided in this act. In contracting for projects funded in this section, the state board must not restrict its access to litigation or limit its methods of redress to arbitration or other nonjudicial procedures. The state university board shall supervise and control the making of necessary repairs to all state university buildings and structures. Subd. 2. Repair and Betterment (a) Systemwide Capital Improvements 4,500,000 This appropriation is for code compliance, critically needed repair of buildings, hazardous material and asbestos abatement, parking lots, and roof repair and replacement throughout the state university system. (b) Mankato State, Utility Tunnel 1,750,000 This appropriation is for upgrade and extension of the campus utility system tunnel, replacement of steam system piping, electrical upgrade, and asbestos abatement. (c) Mankato State, Nelson Hall 670,000 This appropriation is for emergency construction to repair fire damage. (d) Moorhead State, Heating Plant 4,090,000 This appropriation is for rehabilitation and capacity expansion of the university heating plant. Subd. 3. Bemidji State 100,000 This appropriation is for schematic plans to remodel the library and construct an addition. Subd. 4. Metro State University 140,000 This appropriation is for schematic plans to remodel buildings A and C. Subd. 5. St. Cloud State 290,000 This appropriation is for schematic plans to construct a new library. Subd. 6. Winona State 870,000 This appropriation is for working drawings for a new library and for remodeling the existing library for office and classroom use. Subd. 7. Library Services It is the intention of the legislature that the regional services provided by university libraries be recognized. The state university board and the board of regents cooperatively shall study the patterns of library usage by users not affiliated with the systems. The boards also shall analyze how they could equitably recover costs of library usage by these users and estimate potential revenues. The boards shall use this information to recommend an equitable formula for their systems' share of debt service on library facilities. The boards shall report their recommendations to the appropriations and finance committees by July 1, 1993. Subd. 8. Systemwide Land Acquisition 460,000 This appropriation is to continue to acquire needed land adjacent to or in the vicinity of Metropolitan State, Moorhead State, and St. Cloud State campuses. The state university board may acquire land at St. Cloud State University for improvement of a recreation area. Sec. 5. UNIVERSITY OF MINNESOTA 61,900,000 Subdivision 1. To the regents of the University of Minnesota for the purposes specified in this section. Subd. 2. Repair and Betterment 9,200,000 This appropriation is for code compliance, critically needed repair of buildings, hazardous material and asbestos abatement, water pipe repair, and improved handicap access throughout the university system. Subd. 3. Twin Cities Campus 52,700,000 This appropriation is for construction of the Basic Sciences and Biomedical Engineering Building. The university must match this appropriation with a minimum of $10,000,000 of federal or other nonstate money. The legislature requests the board of regents to expend federal and other nonstate money prior to expenditure of this appropriation. Tuition revenue must not be used to meet the University's annual share of debt service for this project. Sec. 6. POST-SECONDARY SYSTEMS Each post-secondary governing board shall report on its petroleum tank release cleanup account reimbursements as part of each biennial budget request. The board shall specify its costs in relation to any tank removal, replacement, and cleanup and shall identify all petroleum tank release cleanup account reimbursements it received or assigned and the specific activity for which the reimbursement or assignment was made. The board must place all reimbursements it receives into its capital repair and betterment account. Sec. 7. K-12 EDUCATION Subdivision 1. To the commissioner of administration or the commissioner of education for the purposes specified in this section 25,836,000 Subd. 2. Minnesota Library for the Blind and Physically Handicapped 1,325,000 To the commissioner of administration to construct and equip an addition to the current library for the blind and physically handicapped, remodel the existing building, and improve the utility system serving the library. Subd. 3. Hoffman Center 400,000 To the commissioner of administration for construction of an educational facility at Hoffman Center in St. Peter. The facility must be constructed to meet the educational needs of court-placed adolescent sex offenders for whom independent school district No. 508, St. Peter, has the responsibility of providing educational services. The commissioner of administration and the school district must establish a contract that provides for the operation and maintenance of the facility and that specifies that the state will retain ownership of the facility. The contract must also provide that the district will make the debt service payments on the bonds issued to construct the facility and that independent school district No. 508, St. Peter, will add these debt service payments to the amount charged back to resident districts according to Minnesota Statutes, section 120.17, subdivision 6, or 120.181. The payments by the school district to the state for debt service are to be deposited in the state bond fund. If, for any reason, the receipt of payments from resident districts is not sufficient to make the required debt service payments, the commissioner of education shall reduce appropriations for special education aid and transfer the required amount to the state bond fund. Subd. 4. Grant County School Districts 100,000 This is to the commissioner of education for a grant and administrative expenses to facilitate planning for cooperation and combination, including facility needs, for a group of school districts in Grant county. This appropriation is from the general fund. Subd. 5. Cooperative Facilities Grants 5,881,000 This appropriation is for a grant under Minnesota Statutes, sections 124.492 to 124.496, the cooperative secondary facilities grant act, to a group of school districts consisting of independent school districts No. 240, Blue Earth, No. 225, Winnebago, No. 219, Elmore, and No. 218, Delavan. Subd. 6. Maximum Effort School Loans 12,130,000 To the commissioner of education from the maximum effort school loan fund to make debt service loans and capital loans to school districts as provided in Minnesota Statutes, sections 124.36 to 124.46. The commissioner shall review the proposed plan and budgets of the projects and may reduce the amount of a loan to ensure that the project will be economical. The commissioner may recover the cost incurred by the commissioner for any professional services associated with the final review by reducing the proceeds of the loan paid to the district. $10,000,000 is approved for a capital loan to independent school district No. 38, Red Lake public schools for construction of a new elementary school and remodeling of the present elementary school into a middle school facility. $2,130,000 is approved for a capital loan to independent school district No. 139, Rush City public schools for construction of a new high school. Subd. 7. Independent School District No. 15, St. Francis (a) To provide funds for the construction of a facility to meet the educational needs of court-placed adolescents for whom independent school district No. 15, has the responsibility of providing services, independent school district No. 15 may, by two thirds majority plus one vote of all the members of the school board, issue general obligation bonds in one or more series in calendar years 1992 and 1993 as provided in this section. The aggregate principal amount of any bonds issued under this subdivision for calendar years 1992 and 1993 may not exceed $4,000,000. Issuance of the bonds is not subject to Minnesota Statutes, section 475.58 or 475.59. If the school board proposes to issue bonds under this subdivision, it must publish a resolution describing the proposed bond issue once each week for two successive weeks in a legal newspaper published in the county of Anoka. The bonds may be issued without the submission of the question of their issue to the electors unless, within 30 days after the second publication of the resolution, a petition requesting an election signed by a number of people residing in the school district equal to ten percent of the people registered to vote in the last general election in the school district is filed with the recording officer. If such a petition is filed, no bonds shall be issued under this subdivision unless authorized by a majority of the electors voting on the question at the next general or special election called to decide the issue. The bonds must otherwise be issued as provided in Minnesota Statutes, chapter 475. The authority to issue bonds under this subdivision is in addition to any bonding authority authorized by Minnesota Statutes, chapter 124, or other law. (b) Independent school district No. 15 shall include the yearly debt service amounts in its required debt service levy under Minnesota Statutes, section 124.95, subdivision 1, for purposes of receiving debt service equalization aid. The district may add the portion of the debt service levy remaining after equalization aid is paid to the amount charged back to resident districts according to Minnesota Statutes, section 120.17, subdivision 6, or 120.181. If, for any reason, the receipt of payments from resident districts and debt service equalization aid attributable to this debt service is not sufficient to make the required debt service payments, the district may levy under paragraph (c). (c) To pay the principal of and interest on bonds issued under paragraph (a), independent school district No. 15 shall levy a tax in an amount sufficient under Minnesota Statutes, section 475.61, subdivisions 1 and 3, to pay any portion of the principal of and interest on the bonds that is not paid through the receipt of debt service equalization aid and tuition payments under paragraph (b). The tax authorized under this subdivision is in addition to the taxes authorized to be levied under Minnesota Statutes, chapter 124A or 275, or other law. Subd. 8. School District Construction Grant 2,000,000 To the commissioner of education to make a grant for construction of a secondary facility for independent school districts No. 145, Glyndon-Felton, and No. 147, Dilworth. The grant may not be awarded until each district has passed a referendum under Minnesota Statutes, section 122.23 or 122.243 and the project has received a positive review and comment under Minnesota Statutes, section 121.15. Subd. 9. Capital Improvement Desegregation Grants 4,000,000 To the commissioner of education for grants under Minnesota Statutes, sections 124C.55 to 124C.57. Sec. 8. HUMAN SERVICES Subdivision 1. To the commissioner of administration for purposes specified in this section 24,105,000 Subd. 2. St. Peter Regional Treatment Center 8,100,000 To program, design, equip, and construct a 50-bed addition on the Minnesota Security Hospital to accommodate psychopathic personality commitments. Subd. 3. Brainerd Regional Treatment Center 210,000 (a) To rehabilitate and improve the regional laundry facility at Brainerd regional treatment center. (b) The debt service cost on bonds sold to finance the facility described in paragraph (a) must be paid from laundry service fees charged and collected by the commissioner of human services under Minnesota Statutes, section 246.57. Laundry service fees established by the commissioner must include appropriate charges for this debt service, which must be paid to the commissioner of finance as required by section 32. Subd. 4. For the construction of a 34-bed nursing facility annex and ten-bed infirmary at the Rice County District Hospital location. 2,145,000 * * (Subdivision 4 was vetoed by the governor.) Subd. 5. For the installation of air conditioning in Oakview building at Cambridge Regional Human Services Center. 250,000 Subd. 6. Mental Health Units 13,400,000 To reconstruct or remodel mental health units at a regional treatment center or centers, to be selected by the commissioner of human services. Sec. 9. CORRECTIONS Subdivision 1. To the commissioner of administration for the purposes listed in this section. 15,382,000 Subd. 2. Minnesota Correctional Facility - Faribault 4,300,000 To renovate two living units for an additional 160 inmates. Bonds are not authorized and may not be issued for this project until the project in section 8, subdivision 4, has been approved and contracts have been awarded to carry it out. * (Subdivision 2 was vetoed by the governor.) Subd. 3. Minnesota Correctional Facility - Shakopee 10,900,000 To plan, design, and construct living units and program space for an additional 100 inmates and a ten-bed mental health unit addition to Higbee Hall. Subd. 4. Minnesota Correctional Facility - Lino Lakes To infill the area between buildings G and F1 at the Minnesota correctional facility - Lino Lakes 182,000 Money appropriated by Laws 1990, chapter 610, article 1, section 11, subdivision 3, items (a) and (b), that is not needed to expand the "Q" building or construct two medium security cottages at the Minnesota correctional facility - Lino Lakes, approximately $182,000, is canceled. Sec. 10. JOBS AND TRAINING 2,000,000 To the commissioner of jobs and training for grants to agencies and political subdivisions of the state for construction or rehabilitation of facilities for Head Start or other early intervention education programs. The facilities must be owned by the state or a political subdivision, but may be leased to organizations that operate the programs. The commissioner shall prescribe the terms and conditions of leases. The grants must be distributed according to a demonstrated need for the facilities. The grants shall also be geographically distributed across the state to the extent that this is not inconsistent with need for the facilities. No grant for any individual facility shall exceed $200,000. At least 25 percent of the total appropriation under this section must be used in conjunction with the youth employment program under Minnesota Statutes, sections 268.361 to 268.367, the training and housing program for homeless adults under Laws 1992, chapter 376, article 6, and other employment and training programs. Sec. 11. HOUSING FINANCE AGENCY 3,000,000 (a) $2,000,000 of this appropriation is to the Minnesota housing finance agency's local government unit housing account established in Minnesota Statutes, section 462A.202, for loans with or without interest to a city to purchase or acquire land and buildings for purposes of the neighborhood land trust program under Minnesota Statutes, sections 462A.30 and 462A.31, upon terms and conditions the agency determines. (b) $1,000,000 is to the commissioner of the housing finance agency for grants to agencies and political subdivisions of the state for construction or rehabilitation of shelters for battered women or other facilities serving crime victims. The shelters or facilities must be owned by the state or a political subdivision, but may be leased to organizations that operate the shelters or facilities. The commissioner shall prescribe the terms and conditions of leases. The grants must be distributed according to a demonstrated need for the facilities. The grants shall also be geographically distributed across the state, to the extent that this is not inconsistent with need for the facilities. No grant for any individual facility shall exceed $200,000. (c) At least 25 percent of the total appropriation under paragraph (b) must be used in conjunction with the youth employment program under Minnesota Statutes, sections 268.361 to 268.367, the training and housing program for homeless adults under Laws 1992, chapter 376, article 6, and other employment and training programs. Eligible employment and training programs must demonstrate the ability and experience to operate a construction training program and consult with appropriate labor organizations to deliver education and training. Facilities for battered women include, but are not limited to, shelters and transitional housing. Sec. 12. ADMINISTRATION Subdivision 1. To the commissioner of administration for purposes specified in this section 26,396,000 Subd. 2. Capital Asset Preservation and Repair 6,500,000 For critically needed repair of buildings, health and life safety code compliance, and preservation of capital assets throughout the state in accordance with Minnesota Statutes, section 16A.632. The commissioner shall give all state agencies, other than higher education systems, an opportunity to apply for funding of urgently needed projects. The commissioner shall determine project priorities as appropriate based upon need. Subd. 3. Centennial Parking Ramp Repair 1,200,000 To complete the structural repair of the upper three floors of the centennial ramp, to be redesignated Central Park. The debt service cost on bonds sold to finance this repair shall be paid from parking fee revenue. Parking fees established by the commissioner, pursuant to Minnesota Statutes, section 16B.58, shall include appropriate charges for this debt service which shall then be paid to the commissioner of finance as required by section 32. Subd. 4. Judicial Center - Phase II 6,000,000 To renovate the old Historical Society Building to meet the program needs of the new Judicial Center. Subd. 5. For partial renovation of the Transportation Building. The balances of $6,392,000 from the following trunk highway fund appropriations: Laws 1981, chapter 361, section 2, clause (h); Laws 1983, chapter 344, section 2, clause (1); Laws 1984, chapter 597, section 3, subdivision 3, clauses (a) and (b); and Laws 1987, chapter 400, section 3, subdivision 1, clause (h), are transferred to be used for the first phase of this building renovation project. Renovation shall address current life safety and environmental deficiencies, electrical power distribution, and lighting. Subd. 6. Plan to Locate State Agencies 420,000 This appropriation is from the general fund to complete a strategic long-range plan for state agency office space in the metropolitan area. Subd. 7. Agency Relocation 1,633,000 $869,000 is from the general fund for relocation costs. $764,000 is from the trunk highway fund for the partial relocation of the Department of Transportation. Subd. 8. Sewer Separation 5,900,000 To separate the sanitary and storm sewers in the capitol area under state jurisdiction in conjunction with the combined sewer overflow program established by the 1985 legislature. Subd. 9. For land acquisition in the capitol area. 800,000 Subd. 10. Capitol building 1,643,000 To provide a state-of-the-art fire management system for the capitol building and to plan for roof replacement, long-term testing and monitoring of the building's exterior, and restoration of the Quadriga. Subd. 11. Lake Superior Center Authority 2,000,000 This appropriation is to the commissioner of administration for a grant to the Lake Superior Center authority for the costs of design and engineering of exhibition space and exhibits, offices, meeting rooms, and other capital facilities for the Lake Superior Center Authority. $500,000 of the appropriation is available immediately. $1,500,000 is contingent upon the authority obtaining at least $1,500,000 in additional funding from nonstate sources to establish a construction escrow. Future appropriations from the bond proceeds fund for acquisition, construction, and other costs are contingent upon the authority obtaining matching funds from nonstate sources. The authority shall report to the house appropriations and senate finance committees and their environmental and natural resources divisions by January 15 each year on the status of the project and the status as to meeting the contingencies. Subd. 12. Lake Superior Zoological Gardens 300,000 To the commissioner of administration for a grant to the Lake Superior Zoological garden for construction cost of the Przewalski Horse/zebra and animal interaction projects. Sec. 13. MILITARY AFFAIRS 2,400,000 To the adjutant general to construct an educational facility at Camp Ripley, to be known as the Minnesota national guard education center. Sec. 14. TRADE AND ECONOMIC DEVELOPMENT 4,550,000 $2,250,000 of this appropriation is for payment by the commissioner of trade and economic development to the metropolitan council established under Minnesota Statutes, section 473.123. The commissioner shall transfer the amount to the metropolitan council upon receipt of a certified copy of a council resolution requesting payment. The appropriation must be used to pay the cost of acquisition and betterment by the metropolitan council and local government units of regional recreational open space lands in accordance with the council's policy plan as provided in Minnesota Statutes, sections 473.315 and 473.341, including relocation costs and tax equivalents required to be paid by Minnesota Statutes, sections 473.315 and 473.341. $1,900,000 of this appropriation is for the city of Roseville to construct the John Rose Memorial Oval Speedskating/Bandy Multi-Use Facility in consultation with the amateur sports commission, contingent on the receipt of at least $1,000,000 in matching funds from other sources, not including in-kind contributions. $400,000 of this appropriation is to the national sports center for purchase and development of land for additional soccer fields. None of the proceeds from the sale of bonds authorized by this appropriation may be used to reimburse a development agency of a city of the first class for land acquisition or development costs incurred prior to 1988. Sec. 15. PUBLIC FACILITIES AUTHORITY 7,500,000 To the public facilities authority for the state match to federal grants to capitalize the state water pollution control revolving fund under Minnesota Statutes, section 446A.07. Sec. 16. AMATEUR SPORTS COMMISSION $2,500,000 allocated in Laws 1990, chapter 610, article 1, section 25, for a grant to the city of Bloomington for construction of the Holmenkollen ski jump is canceled as of July 1, 1993, if matching funds have not been obtained. Sec. 17. SCIENCE MUSEUM OF MINNESOTA 200,000 This appropriation is to the Science Museum of Minnesota for planning and working drawings for capital remodeling and additions. This appropriation is from the general fund. The planning and working drawings shall include the use of the site in the city of St. Paul on which the Public Health Building is currently located. Sec. 18. NATURAL RESOURCES Subdivision 1. To the commissioner of the department of natural resources for the purposes specified in this section. 11,682,000 Subd. 2. Dam Repair and Replacement 1,570,000 For the emergency repair or removal of publicly owned dams under Minnesota Statutes, section 103G.511. Money for removal of a dam is only available after the state has acquired title to the dam structure. The commissioner shall negotiate with the owners to obtain title to the structure at no cost to the state, and shall remove it immediately after obtaining title. The state is not liable for events occurring at dam sites before the state gets title. Subd. 3. Flood hazard mitigation 500,000 This appropriation is for flood hazard mitigation grants for capital projects under Minnesota Statutes, section 103F.161. $200,000 is for the Jack Creek project. $300,000 is for the Good Lake project. Subd. 4. Field offices consolidation 1,731,000 This appropriation is for capital acquisition, construction, and renovations of field offices, including the Two Harbors field office. Subd. 5. Parks 2,751,000 This appropriation is for development of state parks according to the management plans required in Minnesota Statutes, chapter 86A. Subd. 6. Trails 1,000,000 This appropriation is for betterment of state trails in accordance with the department's priorities and including the Willmar-New London Trail. Subd. 7. State Fish Hatchery Improvement 1,250,000 Subd. 8. Scientific and Natural Area Acquisition 100,000 This appropriation is for the acquisition of lands as Scientific and Natural Areas (SNA). As a first priority, lands containing great lakes white pine communities in Anoka or Washington county must be pursued for acquisition in accordance with the SNA Long Range Plan. Subd. 9. Underground Fuel Tank Replacement 295,000 To remove or replace underground fuel storage tanks on department property. Subd. 10. State Park Acquisition 600,000 Subd. 11. State Forest Acquisition 385,000 To acquire state forest lands in the Richard J. Dorer Hardwood Forest that are priority instant units. Subd. 12. Well Sealing 250,000 To seal abandoned wells on property owned by the department. Subd. 13. Critical Habitat Acquisition 1,250,000 For transfer to the critical habitat private sector matching account under Minnesota Statutes, section 84.943. Subd. 14. Work Program The commissioner of natural resources must submit a work program and semiannual progress reports in the form determined by the legislative commission on Minnesota resources and request its recommendation before spending any money appropriated by subdivisions 4, 5, 6, 7, 8, 10, 11, 12, and 13. The commission's recommendation is advisory only. Failure to respond to a request within 60 days after receipt is a negative recommendation. Work programs involving land acquisition must include a land acquisition plan. Sec. 19. BOARD OF WATER AND SOIL RESOURCES 1,250,000 To the board of water and soil resources for the reinvest in Minnesota conservation reserve program under Minnesota Statutes, section 103F.515. Sec. 20. AGRICULTURE 365,000 (a) To the commissioner of administration for the construction of a new East Grand Forks potato inspection facility to consolidate and replace inadequate facilities in Crookston and East Grand Forks. (b) The debt service cost on bonds sold to finance the facility described in paragraph (a) must be paid from potato inspection fees charged and collected by the commissioner of agriculture pursuant to Minnesota Statutes, sections 21.115 and 27.07. Inspection fees established by the commissioner of agriculture shall include appropriate charges for this debt service which shall then be paid to the commissioner of finance as required by section 32. Sec. 21. POLLUTION CONTROL AGENCY 13,050,000 To the commissioner of the pollution control agency for the state share of combined sewer overflow grants under Minnesota Statutes, section 116.162 for projects begun during fiscal years 1992 or 1993. The city of St. Paul shall use all revenues derived from its clawback funding of sewer financing only for sewer separation projects that directly result in the elimination of combined sewer overflow. Sec. 22. OFFICE OF WASTE MANAGEMENT 2,000,000 To the director of the office of waste management for capital assistance program grants under Minnesota Statutes, section 115A.54. Sec. 23. MINNESOTA ZOOLOGICAL GARDEN 1,820,000 For roof replacement and the replacement of skylights in the tropics exhibit building. One-third of the debt service cost on bonds sold to finance this appropriation must be paid from the dedicated receipts of the zoological garden, which shall be paid to the commissioner of finance as required by section 32. Sec. 24. HISTORICAL SOCIETY 2,375,000 Subdivision 1. To the Minnesota historical society for the purposes specified in this section. Subd. 2. State History Center 1,400,000 To match approximately $4,500,000 in nonstate funds for the development and construction of major permanent exhibits in the new State History Center. Subd. 3. Fort Snelling 375,000 For emergency life safety repairs and critical code compliance at historic Fort Snelling, including retaining walls and public areas. Subd. 4. St. Anthony Falls 500,000 This appropriation is for grant-in-aid purposes of the St. Anthony Falls Heritage Board in accordance with Minnesota Statutes, section 138.763. Grants may be made for public improvements of a capital nature according to the St. Anthony Falls interpretive plan for preservation. The matching requirements for the grants may be established by the St. Anthony Falls Heritage Board. Subd. 5. Battle Point Historic Site The appropriation for this project in Laws 1990, chapter 610, article 1, section 17, is transferred to the Minnesota Historical Society. Subd. 6. Prairieland Expo Center 100,000 To the Minnesota Historical Society for schematic drawings for the Southwest Regional Development Commission's proposed Prairieland Expo facility. Sec. 25. TRANSPORTATION 28,849,000 Subdivision 1. To the commissioner of transportation for the purposes specified in this section. Subd. 2. Trunk Highway Facility Projects 9,349,000 To the commissioner of transportation for the purposes specified in this subdivision. The appropriations in this subdivision are from the trunk highway fund. (a) construct additions to welding shops at Rochester, Owatonna, Windom, Morris, Virginia, and Mankato 1,104,000 (b) replace or add to chemical storage sheds at 27 locations statewide 560,000 (c) construct a new equipment storage building at Montevideo 430,000 (d) construct an addition for a resident office for the truck station and construct an addition for storage of large pieces of snow and ice removal equipment, both at Winona 450,000 (e) construct an equipment storage addition and remodel building to upgrade crew room and sanitary facilities to meet code, in Motley 300,000 (f) construct building for road maintenance equipment and bridge maintenance crew, and construct a matching chemical/cold storage structure, both at Spring Lake Park 1,950,000 (g) Owatonna radio and bridge shops addition 270,000 (h) Roseau truck station replacement 520,000 (i) Le Sueur truck station replacement 500,000 (j) MN road research project building at Monticello/Albertville 198,000 (k) design fees to complete construction documents for projects at Bemidji, Spring Lake Park, St. Cloud, Maplewood, Eden Prairie, and Thief River Falls 338,000 (l) land acquisition for new replacement truck station sites at Tracy, Effie, Glencoe, and Hutchinson 125,000 (m) plan for a facilities study to determine what space and additions should be made to headquarters building in Rochester 12,000 (n) construct pole type storage buildings at 14 truck stations, headquarters sites, and storage yards statewide 300,000 (o) removal of asbestos from department of transportation facilities statewide 230,000 (p) construct a metropolitan area recycling center to include buildings to store and recycle MN DOT generated hazardous and nonhazardous waste 530,000 (q) interior remodeling to convert design office space into office space for construction at Oakdale and Golden Valley headquarters buildings 75,000 (r) construct Luverne truck station addition 225,000 (s) construct truck station addition and remodel existing building to provide new crew room and sanitary facilities, both at Worthington 250,000 (t) construct an addition to garage/shop areas at the Virginia headquarters building 325,000 (u) construct Fergus Falls truck station addition 225,000 (v) construct Olivia truck station addition 140,000 (w) construct St. Charles truck station addition 160,000 (x) construct Nopeming truck station addition 132,000 Subd. 3. Saint Paul Airport Hangar 2,000,000 This appropriation is from the state airport fund. To construct a state hangar facility at the Saint Paul downtown airport to house state-owned aircraft, facility office space, and a passenger waiting area. Subd. 4. Local Road and Bridge Replacement and Rehabilitation 17,500,000 To the commissioner of transportation for the purposes specified in this subdivision. The appropriations in this subdivision are from the state transportation fund. (a) Bloomington Ferry Bridge 10,000,000 This appropriation is to match federal funds to complete the Bloomington ferry bridge. (b) Other Bridges on Local Road Systems 5,000,000 The commissioner shall spend this sum as grants to political subdivisions for the construction and reconstruction of key bridges on the state transportation system. This appropriation is available until spent. Grants shall be allocated as follows: (1) to counties, 2,680,000 (2) to cities, 1,085,000 (3) to towns, 1,235,000 (c) Political subdivisions may use grants made under this section for purposes of construction and reconstruction of bridges, including: (1) matching federal-aid grants for the construction or reconstruction of key bridges; (2) paying the costs of abandoning an existing bridge that is deficient and in need of replacement, but where no replacement will be made; (3) paying the costs of constructing a road or street that would facilitate the abandonment of an existing bridge determined by the commissioner to be deficient, if the commissioner determines that construction of the road or street is more cost-efficient than the replacement of the existing bridge; and (4) paying the costs of preliminary engineering and environmental studies authorized under Minnesota Statutes, section 174.50, subdivision 6a. (d) Mankato Route Improvements 2,500,000 This appropriation is to match federal funds. Sec. 26. BOND SALE EXPENSES 260,000 To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. Sec. 27. DEBT SERVICE The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 1993, no more than $412,000,000 will need to be transferred from the general fund to the state bond fund to pay principal and interest due and to become due on outstanding state general obligation bonds. 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. 28. [BOND SALE.] Subdivision 1. [BOND PROCEEDS FUND.] To provide the money appropriated in this act from the bond proceeds fund the commissioner of finance, on request of the governor, shall sell and issue bonds of the state in an amount up to $231,695,000 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, on request of the governor, shall sell and issue bonds of the state in an amount up to $12,130,000 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, on request of the governor, shall sell and issue bonds of the state in an amount up to $17,500,000 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. 29. Minnesota Statutes 1991 Supplement, section 124.479, is amended to read: 124.479 [BOND ISSUE; MAXIMUM EFFORT SCHOOL LOANS, 1991.] To provide money to be loaned to school districts as agencies and political subdivisions of the state to acquire and to better public land and buildings and other public improvements of a capital nature, in the manner provided by the maximum effort school aid law, the commissioner of finance shall issue and sell school loan bonds of the state of Minnesota in the maximum amount of $45,065,000, in addition to the bonds already authorized for this purpose. The same amount is appropriated to the maximum effort school loan fund and must be spent under the direction of the commissioner of education to make debt service loans and capital loans to school districts as provided in sections 124.36 to 124.47. The bonds must be issued and sold and provision for their payment must be made according to section 124.46. Expenses incidental to the sale, printing, execution, and delivery of the bonds, including, but without limitation, actual and necessary travel and subsistence expenses of state officers and employees for those purposes, must be paid from the maximum effort school loan fund, and the money necessary for the expenses is appropriated from that fund.No bonds may be sold or issued under this section until allbonds authorized by Laws 1990, chapter 610, sections 2 to 7, aresold and issued and the authorized project contracts have beeninitiated or abandoned.Sec. 30. [PLANNING.] During the biennium, in its planning for new program offerings at a particular campus, each public post-secondary education governing board shall consider the availability of physical space and the adequacy of facilities at that campus. If the board determines that new space or facilities are required, it shall examine the feasibility of developing the program at a different campus within its system or in cooperation with other systems. Sec. 31. [DEBT SERVICE SHARE.] (a) Each post-secondary governing board shall pay one-third of the debt service on state bonds sold to finance appropriations to that board for projects in this act, except for repair and betterment projects under subdivision 2 of sections 2 to 5. After each sale of general obligation bonds, the commissioner of finance shall notify the state board of technical colleges, the state board for community colleges, the state university board, and the regents of the University of Minnesota of the amounts for which each system is assessed for each year for the life of the bonds. (b) The commissioner shall reduce each system's assessment each year under paragraph (a) by one-third of the net income from investment of general obligation bond proceeds that must be allocated among the systems in proportion to the amount of principal and interest otherwise required to be paid by each. Each higher education system shall pay its resulting net assessment to the commissioner of finance by December 1 each year. If a higher education system fails to make a payment when due, the commissioner of finance shall reduce allotments for appropriations from the general fund otherwise payable to the system and apply the amount of the reduction to cover the missed debt service payment. The commissioner of finance shall credit the payments received from the higher education systems to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under section 16A.641, subdivision 10. Sec. 32. [16A.643] [ASSESSMENTS IF AGENCY MUST PAY DEBT SERVICE.] Subdivision 1. [WHEN PAYMENT REQUIRED.] The commissioner of finance shall assess each board, agency, or other public entity, other than the higher education systems described in section 31, for the amount that would otherwise need to be paid for debt service with respect to general obligation bonds sold to finance capital improvement projects for the entity if the law authorizing the project requires debt service for the project to be paid by the agency. Subd. 2. [METHOD OF PAYMENT.] After each sale of state general obligation bonds, the commissioner of finance shall notify the entity of the amounts for which the entity is responsible under subdivision 1 for each year for the life of the bonds. Each entity shall pay its assessment of debt service payments to the commissioner of finance by December 1 each year. If an entity fails to make an assessment payment when due, the commissioner of finance shall reduce allotments for appropriations from the appropriate accounts to be used by the entity to pay the assessment payment and apply the amount of the reduction to cover the missed payment. The commissioner of finance shall credit the payments received from the entities, or the amount of the reduction made, to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under section 16A.641, subdivision 10. Sec. 33. Minnesota Statutes 1990, section 16B.24, subdivision 2, is amended to read: Subd. 2. [REPAIRS.] The commissioner shall supervise and control the making of necessary repairs to all state buildings and structures, except: (1) structures, other than buildings, under the control of the state transportation department;provided thatand (2) buildings and structures under the control of the state university board or the state board for community colleges. All repairs to the public and ceremonial areas and the exterior of the state capitol building shall be carried out subject to the standards and policies of the capitol area architectural and planning board and the commissioner of administration adopted pursuant to section 15.50, subdivision 2, clause (h). Sec. 34. Minnesota Statutes 1990, section 16B.30, is amended to read: 16B.30 [GENERAL AUTHORITY.] Subject to other provisions in this chapter, the commissioner shall supervise and control the making of all contracts for the construction of buildings and for other capital improvements to state buildings and structures, other than buildings and structures under the control of the state university board. Sec. 35. Minnesota Statutes 1990, section 16B.31, subdivision 1, is amended to read: Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.] 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 state university board; (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. Sec. 36. [136.261] [STATE UNIVERSITY SITES; ACQUISITION.] Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY.] The state university board may purchase property adjacent to or in the vicinity of the campuses as necessary for the development of the universities. Before taking action, the board shall consult with the chairs of the senate finance committee and the house appropriations 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. Subd. 2. [METHODS OF ACQUISITION.] If money has been appropriated to the state university board to acquire lands or sites for public buildings or real estate, the acquisition may be by gift, purchase, or condemnation proceedings. Condemnation proceedings must be under chapter 117. Subd. 3. [RELOCATION COSTS.] The state university board may pay relocation costs, at its discretion, when acquiring property. Sec. 37. Minnesota Statutes 1990, section 136C.05, subdivision 5, is amended to read: Subd. 5. [USE OF PROPERTY.] (a) A school board must not sell, lease, or assign technical college property for purposes other than technical college activities without the approval of the chancellor.A school board need not obtain approval foruses that are incidental.(b) Notwithstanding section 123.36, subdivision 13, proceeds from the sale, exchange, lease, or assignment of technical college land or buildings shall be used to repay any remaining debt service on the land or buildings. Subject to the approval of the chancellor, any remaining proceeds shall be placed in the post-secondary capital expenditure, repair and replacement, or construction fund. (c) The proceeds of any arbitration or litigation resulting from claims involving technical college property shall be placed in the technical college repair and replacement fund. Sec. 38. [REPEALER.] Minnesota Statutes 1990, section 136.03, subdivision 2, is repealed. Sec. 39. [EFFECTIVE DATE.] This act is effective the day after its final enactment. Presented to the governor April 17, 1992 Signed by the governor April 29, 1992, 11:08 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes