Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 373-H.F.No. 1749 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 and canceling previous authorizations; appropriating money, with certain conditions and reducing certain appropriations; amending Laws 1990, chapter 610, article 1, section 12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 124C. 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 other 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 $ 667,000 COMMUNITY COLLEGES 1,367,000 STATE UNIVERSITIES 1,161,000 UNIVERSITY OF MINNESOTA 2,000,000 K-12 EDUCATION 12,000,000 HUMAN SERVICES 8,765,000 CORRECTIONS 9,812,000 ADMINISTRATION 11,255,000 PUBLIC FACILITIES AUTHORITY 4,000,000 POLLUTION CONTROL AGENCY 11,000,000 TRANSPORTATION 9,900,000 HISTORICAL SOCIETY 150,000 VETERANS HOMES BOARD 400,000 BOND SALE EXPENSES 63,000 CANCELLATIONS ( 8,115,000) TOTAL $64,425,000 Bond Proceeds Fund 54,640,000 Transportation Fund 9,900,000 Maximum Effort School Loan Fund 5,000,000 Trunk Highway Fund 3,000,000 Cancellations ( 8,115,000) APPROPRIATIONS $ Sec. 2. TECHNICAL COLLEGES Subdivision 1. To the state board of technical colleges for the purposes specified in this section 667,000 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. 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 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. The state board may delegate responsibilities to technical college staff. Subd. 2. Capital Asset Preservation and Repair 413,000 This appropriation is for roof repair and replacement, code compliance, critically needed repair of buildings, hazardous material and asbestos abatement, tank removal and replacement, emergency lighting, parking lots, and handicap access throughout the technical college system. Subd. 3. Thief River Falls Technical College 254,000 To install a new water main to meet code requirements. Subd. 4. Dakota County Technical College Dakota County Technical College may complete the decision driving course using local money. Subd. 5. Red Wing Technical College Up to $500,000 of proceeds from the sale of the Towerview campus is appropriated to the state board of technical colleges to remodel and improve the Red Wing campus to house the programs moved from the Towerview campus. Sec. 3. COMMUNITY COLLEGES Subdivision 1. To the state board for community colleges for the purposes specified in this section 1,367,000 Subd. 2. Capital Asset Preservation and Repair 667,000 This appropriation is for code compliance, critically needed repair of buildings, roof replacement and repair, hazardous material and asbestos abatement, mechanical/electrical system rehabilitation, emergency lighting, parking lots, and handicap access throughout the community college system. Subd. 3. University Center at Rochester 700,000 For capital equipment at the new university center. Sec. 4. STATE UNIVERSITIES Subdivision 1. To the state university board for the purposes specified in this section 1,161,000 Subd. 2. Capital Asset Preservation and Repair 466,000 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. Subd. 3. St. Cloud State University 200,000 Plan for new boiler. Subd. 4. Land Acquisition 495,000 To acquire land for the campuses of Metropolitan state university, Moorhead state university, and St. Cloud state university. At least $400,000 is available for land acquisition at Metropolitan state university. Up to $123,000 of the unencumbered balance remaining from the money appropriated in Laws 1989, chapter 300, article 1, section 4, subdivision 6, to repair the exterior of the business building at St. Cloud State University may be used to acquire additional land adjacent to or in the vicinity of St. Cloud State campus. Sec. 5. UNIVERSITY OF MINNESOTA 2,000,000 To the regents of the University of Minnesota for the purposes specified in this section This appropriation is for code compliance, critically needed repair of buildings, hazardous material and asbestos abatement, emergency lighting, water pipe repair, and improved handicap access throughout the university system. Sec. 6. EDUCATION Subdivision 1. To the commissioner of education for the purposes specified in this section 12,000,000 Subd. 2. Maximum Effort School Loans 5,000,000 To the commissioner of education from the maximum effort school loan fund to make capital loans to school districts as provided in Minnesota Statutes, sections 124.36 to 124.46. 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 by reducing the proceeds of the loan paid to the district. $7,967,000 is approved for a capital loan to independent school district No. 707, Nett Lake, of which $5,000,000 is included in this appropriation. Subd. 3. School District Construction Grant - Grant County 6,000,000 This appropriation is from the bond proceeds fund for a cooperative secondary facilities grant under Minnesota Statutes, sections 124.491 to 124.495. Notwithstanding those sections, the commissioner of education shall award the grant to the group of districts that make up the Grant county project, consisting of independent school district Nos. 209, Kensington; 262, Barrett; 263, Elbow Lake-Wendell; and 265, Hoffman. Subd. 4. Architectural Barriers Grants 1,000,000 $1,000,000 is for grants under sections 20 to 23. Up to $25,000 of this appropriation is available to the department of education for administrative expenses specifically related to the disbursement of the grants. The department may contract for these services. Sec. 7. HUMAN SERVICES Subdivision 1. To the commissioner of administration for the purposes listed in this section 8,765,000 Subd. 2. St. Peter Regional Treatment Center 400,000 This appropriation is added to the appropriation in Laws 1992, chapter 558, section 8, subdivision 2, and shall be used to plan, design, construct, and equip a 50-bed facility at the Minnesota security hospital for psychopathic personality patients and for mentally ill and dangerous patients. The facility must be built to psychopathic personality licensing standards. Subd. 3. Design of Psychopathic Personality Facilities In order to expedite the design of the psychopathic personality facilities at both Moose Lake and St. Peter, the commissioner of administration may select for both projects the design firm originally selected for the psychopathic personality facility authorized in Laws 1992, section 8, subdivision 2, without further procedures under Minnesota Statutes, section 16B.33. Subd. 4. St. Peter Regional Treatment Center 115,000 For remodeling the kitchen, including kitchen fixtures, at the regional treatment center at St. Peter. Subd. 5. Moose Lake Regional Treatment Center 7,250,000 To plan, design, construct, and equip a new supervised living facility for 100 psychopathic personality patients adjacent to the Moose Lake regional treatment center. The total cost for this project must not exceed $20,050,000. This appropriation is added to the appropriation in Laws 1992, chapter 558, section 8, subdivision 6. In accordance with Minnesota Statutes, section 15.16, the commissioners of human services and natural resources shall develop a recommendation by July 15, 1993, for transferring custodial control of state land necessary to properly site the new psychopathic personality facility at Moose Lake. Construction on the 100 unit facility at Moose Lake for psychopathic personality patients must not be commenced until construction has been commenced on the 50-bed facility at St. Peter provided for in subdivision 2, except that this limitation does not restrict site preparation. The commissioner of administration shall report to the legislature by February 1, 1994, on the progress on both of the authorized facilities for psychopathic personality patients and related projects. Subd. 6. Brainerd Regional Human Services Center 700,000 To plan, design, equip, and remodel the Brainerd regional human services center to accommodate 75 patients to be transferred from the Moose Lake regional treatment center. The unencumbered balance of the appropriation in Laws 1990, chapter 610, article 1, section 12, subdivision 7, that is for remodeling at Brainerd, estimated to be $1,409,000, must also be used for this facility. Subd. 7. Cambridge Regional Human Services Center 300,000 To remodel Boswell Hall so that services for clients at the Cambridge center can be consolidated and moved from older buildings, and to bring Boswell Hall into compliance with life safety building codes and program licensure standards. This appropriation must not be used to prepare space for or to move clients from another regional treatment center to the Cambridge center. Sec. 8. CORRECTIONS Subdivision 1. To the commissioner of administration for the purposes listed in this section 9,812,000 Subd. 2. Minnesota Correctional Facility at Willow River/Moose Lake 9,600,000 To convert the Moose Lake regional treatment center to a medium security prison housing up to 620 inmates, to meet safety codes, to design and construct a prison industry building and to design a gym building. This amount may be spent for design, engineering, construction, remodeling of existing buildings, and for fencing and security improvements. The total cost of the project must not exceed $25,800,000. Subd. 3. Minnesota Correctional Facility - Red Wing 212,000 To plan to replace Dayton Cottage with a 30-bed residential facility for the secure detention of violent and predatory juvenile offenders until they are able to control their behavior in an open campus environment. The total cost of the project must not exceed $3,020,000. Sec. 9. ADMINISTRATION Subdivision 1. To the commissioner of administration for purposes specified in this section 11,255,000 Subd. 2. Sewer Separation 1,300,000 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. 3. Arden Hills State Facilities 285,000 To provide funding for new water, sewer, and fire safety service for the surplus property facility and public safety training center in Arden Hills. Subd. 4. Transportation Building 3,000,000 This appropriation is from the trunk highway fund for partial renovation of the transportation building. Authorized expenditures include renovation of the seventh and eighth floors, purchase and installation of basic mechanical and electrical equipment for all floors, and removal of hazardous waste materials. Of this appropriation, $80,000 is for relocation within the transportation building. Subd. 5. Judicial Center - Phase IIb 6,670,000 To complete the renovation of the old historical society building to meet the facility and program needs of the new judicial center. Sec. 10. PUBLIC FACILITIES AUTHORITY 4,000,000 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. 11. POLLUTION CONTROL AGENCY 11,000,000 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 1993 or 1994. 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. Under Minnesota Statutes, section 446A.071, subdivision 8, the pollution control agency shall transfer all free, unencumbered balances from appropriations in Laws 1987, chapter 400, section 7, clause (a); Laws 1989, chapter 300, article 1, section 17, clause (b); and Laws 1990, chapter 610, article 1, section 22, clauses (c) and (d), to the public facilities authority for use in the wastewater infrastructure funding program. The transfer shall be made before July 1, 1993, except that up to $100,000 need not be transferred before September 30, 1995. Sec. 12. NATURAL RESOURCES Subdivision 1. Stillwater Flood Control Project $200,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the commissioner of natural resources for a grant to the city of Stillwater for up to one half of the required nonfederal share of the construction of a flood control levee. This funding is contingent upon passage of the federal appropriation. Subd. 2. State Forest Inholdings $60,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the commissioner of natural resources to acquire inholdings in an existing state forest. Subd. 3. Dam Repair and Replacement $100,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the commissioner of natural resources for the emergency repair of the publicly-owned Stewartville dam under Minnesota Statutes, section 103G.511. Subd. 4. Wildlife Management Areas $90,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the commissioner of natural resources to complete the acquisition of Byrne lake in Swift county so that it may be established as a wildlife management area. Subd. 5. Split Rock Creek Dam $350,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the commissioner of natural resources for emergency repair of the Split Rock Creek dam. Sec. 13. BOARD OF WATER AND SOIL RESOURCES Subdivision 1. Conservation Reserve $500,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the board of water and soil resources for the reinvest in Minnesota conservation reserve program under Minnesota Statutes, section 103F.515. Subd. 2. Redwood River Dam Land Acquisition $250,000 of the appropriation in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, is reappropriated to the board of water and soil resources for the southern Minnesota rivers basin area II program under Minnesota Statutes, sections 103F.171 to 103F.187. This is for land acquisition for the RW-22 project in Lyon county. Sec. 14. TRANSPORTATION Subdivision 1. To the commissioner of transportation for the purposes specified in this section 9,900,000 Subd. 2. Bloomington Ferry Bridge 6,900,000 This appropriation is from the state transportation fund as provided in Minnesota Statutes, section 174.50, to the commissioner of transportation to match federal funds to complete the Bloomington ferry bridge. Subd. 3. Local Bridge Replacement and Rehabilitation 3,000,000 This appropriation is from the state transportation fund. The commissioner of transportation shall make grants to political subdivisions for the construction and reconstruction of key bridges on highways and streets under their jurisdiction. The grants may be used by a political subdivision to construct and reconstruct key bridges under its jurisdiction; match federal aid grants for construction and reconstruction of the bridges; pay the costs of preliminary engineering and environmental studies for the bridges; pay the costs of abandoning an existing bridge that is deficient and is in need of replacement, but where no replacement is made; and pay the cost of constructing a road or street that would facilitate the abandonment of an existing deficient bridge. The construction of the road or street must be judged by the commissioner to be more economical than the reconstruction or replacement of the existing bridge. Sec. 15. HISTORICAL SOCIETY 150,000 This appropriation is for matching funds for emergency capital improvements to publicly owned county and publicly owned local historical societies' buildings. The state's share must not exceed 50 percent of the cost of each project. Sec. 16. VETERANS HOMES BOARD 400,000 To the veterans homes board for architectural design, engineering, and structural analysis for the renovation of the Minneapolis veterans home campus. The veterans home board may apply for federal participation in the renovation of the Minneapolis veterans home campus. The veterans home board may use the unencumbered balance remaining from the appropriation in Laws 1990, article 1, chapter 610, section 9, for life safety improvements at the Minneapolis veterans home. Sec. 17. BOND SALE EXPENSES 63,000 To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. Sec. 18. BOND SALE SCHEDULE The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 1995, no more than $457,455,000 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. 19. [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, on request of the governor, shall sell and issue bonds of the state in an amount up to $54,640,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. Subd. 2. [TRANSPORTATION FUND.] To provide the money appropriated in this act from the state transportation fund, the commissioner of finance, on request of the governor, shall sell and issue bonds of the state in an amount up to $9,900,000 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. Subd. 3. [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 $5,000,000 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 maximum effort school loan fund. Sec. 20. [124C.71] [SCHOOL BUILDING ACCESSIBILITY CAPITAL IMPROVEMENT GRANT ACT.] Sections 20 to 22 may be cited as the "school building accessibility capital improvement grant act." Sec. 21. [124C.72] [APPROVAL; APPLICATION FORMS.] Subdivision 1. [APPROVAL BY COMMISSIONER.] The commissioner of education may approve or disapprove applications under section 22. The grant money must be used only to remove architectural barriers from a building or site. Subd. 2. [APPLICATION FORMS.] The commissioner of education shall prepare application forms and establish application dates. Subd. 3. [MATCH.] A district applying for a grant under this section must match the grant with local district funds. Sec. 22. [124C.73] [GRANT APPLICATION PROCESS.] Subdivision 1. [QUALIFICATION.] A school district that meets the criteria required under subdivision 2 may apply for a grant in an amount up to 50 percent of the approved costs of removing architectural barriers from a building or site. Subd. 2. [PROJECT REVIEW.] The commissioner, in consultation with the Minnesota state council on disability, shall review applications for grants. A school district must apply by July 1 of each year in order to be considered for a grant. Subd. 3. [AWARD OF GRANTS.] (a) The commissioner shall examine and consider all applications for grants, and if a district is found not qualified, the commissioner shall promptly notify the district board. The commissioner shall give first priority to school districts that have entered into the cooperation and combination process under sections 122.241 to 122.248, or that have consolidated since January 1, 1987. The commissioner shall further prioritize grants on the basis of the following: the district's tax burden, the long-term feasibility of the project, the suitability of the project, and the district's need for the project. If the total amount of the applications exceeds the amount that is or can be made available, the commissioner shall award grants according to the commissioner's judgment and discretion and based upon a ranking of the projects according to the factors listed above. The commissioner shall promptly certify to each district the amount, if any, of the grant awarded to it. (b) For fiscal year 1994, the commissioner may develop criteria in addition to the factors listed in paragraph (a), in order to award demonstration grants. Subd. 4. [MATCHING REVENUE.] Upon being awarded a grant under subdivision 3, the board shall determine the need for additional revenue. If the board determines that the local match cannot be made from existing revenue, the board may levy according to section 124.84. Subd. 5. [PROJECT BUDGET.] A district that receives a grant must provide the commissioner with the project budget and any other information the commissioner requests. Sec. 23. [1994 GRANTS.] For fiscal year 1994 only, grants under section 22 may not exceed the lesser of 50 percent of the approved costs of the project or $150,000. Sec. 24. [SALE OF WASECA CAMPUS.] Notwithstanding any other law, the board of regents of the University of Minnesota may sell all or part of the land, buildings, and improvements at the Waseca campus to the city of Waseca or other political subdivision in which the campus is located for use for a public purpose, provided that the sale must be subject to the terms and conditions which the commissioner of finance imposes to ensure that the transfer of the property will not affect the validity of or cause the interest on state general obligation bonds issued to finance improvements at the campus to become taxable under the federal tax code. The board of regents must use any proceeds from the sale for capital improvements and report the amount of any proceeds to the education committees of the legislature. Sec. 25. [CANCELLATIONS AND REDUCTIONS.] Subdivision 1. [RUSH CITY SCHOOL DISTRICT CAPITAL LOAN.] The approval of a capital loan to independent school district No. 139, Rush City, authorized in Laws 1992, chapter 558, section 7, subdivision 6, is canceled. The bond authorization in Laws 1992, chapter 558, section 28, subdivision 2, is reduced by $2,130,000, the amount of the canceled loan. Subd. 2. [INTERSTATE SUBSTITUTION.] The unencumbered balance remaining at the end of fiscal year 1993 in the appropriation in Laws 1985, First Special Session, chapter 15, section 9, subdivision 7, is canceled. The bond authorization in Laws 1985, First Special Session, chapter 15, section 21, subdivision 3, is reduced by $235,000. Subd. 3. [CAMBRIDGE REGIONAL CENTER.] The unencumbered balance remaining at the end of fiscal year 1993 in the appropriation in Laws 1987, chapter 400, section 22, subdivision 8, is canceled. The bond authorization in Laws 1987, chapter 400, section 25, subdivision 1, is reduced by $700,000. Subd. 4. [1990; HOLMENKOLLEN SKI JUMP.] The unencumbered balance remaining at the end of fiscal year 1993 in the appropriation in Laws 1990, chapter 610, article 1, section 25, clause (a), is canceled. The bond authorization in Laws 1990, chapter 610, article 1, section 30, subdivision 1, is reduced by $2,500,000. Subd. 5. [DULUTH PORT DREDGING.] With the mutual consent by July 1, 1993, of the commissioner of trade and economic development, the seaway port authority of Duluth, the U.S. Army Corps of Engineers, and any private parties who have pledged private investment to match the $6,100,000 appropriated in Laws 1989, chapter 300, article 1, section 19, item (a), to dredge the upper harbor area of Duluth harbor, the commissioner of finance shall reduce the appropriation to $2,000,000. The appropriation is available to the extent it is matched, dollar for dollar, by federal money. No private match is required. If the appropriation is reduced to $2,000,000, then $1,550,000 is reappropriated as provided in sections 12 and 13. The bond sale authorization in Laws 1989, chapter 300, article 1, section 23, subdivision 1, is reduced by $2,550,000. Sec. 26. [PROJECT CANCELLATIONS.] The commissioner of finance, after consultation with the commissioner of administration and affected agencies, shall cancel appropriations for capital improvement projects that have been completed and shall recommend to the legislature for action at the 1994 session the cancellation of any excess bond authorizations for projects that have been completed or abandoned. Sec. 27. Laws 1990, chapter 610, article 1, section 12, subdivision 4, is amended to read: Subd. 4. State-operated community-based residences 1,000,000 This appropriation is to plan,and design, and to renovateor, constructtwo, lease, or purchase state-operated community-basedresidencesresidential facilities for people with mental illness. Each facility must be located in conformance with deconcentration requirements.One facility must belocated in the Twin Cities metropolitanarea, must have no more than 16 beds,and must serve adults. One facilitymust be located outside the Twin Citiesmetropolitan area, must have 10 beds,and must serve adolescents.Before beginning construction, the commissioner shall consult with the chairs of theHealth andHuman Services Finance Division of the HouseAppropriations Committeeof Representatives and the Health Care andHumanFamily Services Division of the SenateFinance Committee. Sec. 28. [EFFECTIVE DATE.] This act is effective the day after its final enactment. Presented to the governor May 20, 1993 Signed by the governor May 24, 1993, 5:54 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes