Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2001, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 12-H.F.No. 8
An act relating to capital improvements; authorizing
spending for public purposes, including, but not
limited to, acquiring and bettering public land and
buildings and other public improvements of a capital
nature with certain conditions; authorizing the sale
of state bonds; appropriating money; reenacting
certain corrections made by Laws 2000, chapter 499,
sections 12, 15, 17, and 18; amending Minnesota
Statutes 2000, section 16B.335, subdivision 1; Laws
1998, chapter 404, section 23, subdivision 30; Laws
2000, chapter 492, article 1, section 7, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies or officials indicated, to be spent for
public purposes, including, but not limited to, acquiring and
bettering public land and buildings and other public
improvements of a capital nature, as specified in this act.
Unless otherwise specified, the appropriations in this act are
available until the project is completed or abandoned.
SUMMARY
CHILDREN, FAMILIES, AND LEARNING 20,700,000
NATURAL RESOURCES 2,000,000
BOARD OF WATER AND SOIL RESOURCES 53,487,000
POLLUTION CONTROL AGENCY 20,500,000
ADMINISTRATION 3,400,000
TRANSPORTATION 10,000,000
TRADE AND ECONOMIC DEVELOPMENT 8,000,000
BOND SALE EXPENSES 118,000
TOTAL $ 118,205,000
Bond Proceeds Fund 99,205,000
Maximum Effort School Loan Fund 19,000,000
APPROPRIATIONS
$
Sec. 2. CHILDREN, FAMILIES, AND LEARNING
Subdivision 1. To the commissioner of
children, families, and learning for
the purposes specified in this section 20,700,000
Subd. 2. Metropolitan Magnet Schools 1,700,000
For a metropolitan magnet school grant
to school district No. 6067,
Tri-District, to complete construction
of, furnish, and equip the East Metro
middle school. This appropriation is
added to the appropriations in Laws
1998, chapter 404, section 5,
subdivision 5; Laws 1999, chapter 240,
article 1, section 3; and Laws 2000,
chapter 492, article 1, section 5,
subdivision 2, for the same project.
Subd. 3. Maximum Effort Capital
Loan 19,000,000
For a capital loan to independent
school district No. 2580, East Central,
under Minnesota Statutes 2000, sections
126C.60 to 126C.72. A capital loan in
this amount is approved.
Notwithstanding the timelines in
Minnesota Statutes 2000, section
126C.69, subdivision 3, 6, 7, or 11, or
the application limitation in Laws
2000, chapter 492, article 1, section
5, subdivision 5, independent school
district No. 2580, East Central, may
apply to the department of children,
families, and learning for a maximum
effort capital loan.
The commissioner of children, families,
and learning shall complete the review
and comment process according to
Minnesota Statutes 2000, section
126C.69, subdivisions 3, 4, 5, and 8,
for the project approved in this
subdivision.
The commissioner shall review the
proposed plan and budget of the project
approved in this subdivision and may
reduce the amount of a loan to ensure
that the project will be economical.
The commissioner may recover the cost
incurred by the commissioner for any
professional services associated with
the final review by reducing the
proceeds of the loan paid to a district.
Notwithstanding Minnesota Statutes,
section 123B.53, subdivision 3,
independent school district No. 2580,
East Central, must notify the
commissioner of children, families and
learning of the amount of its intended
debt service revenue calculated under
section 123B.53, subdivision 1, for all
bonds sold by the district prior to the
notification by September 1, 2001.
Sec. 3. NATURAL RESOURCES 2,000,000
Flood Hazard Mitigation Grants
To the commissioner of natural
resources for grants to local units of
government under Minnesota Statutes,
section 103F.161, for publicly owned
capital improvements to assist with the
cost of mitigative storm drainage
system improvement and other flood
mitigation measures.
$234,000 of this appropriation is for
projects in the Red River basin.
Sec. 4. BOARD OF WATER AND SOIL RESOURCES
Subdivision 1. To the board of water and soil
resources for the purposes specified in
this section 53,487,000
Subd. 2. Minnesota River Basin
Conservation Reserve Enhancement Program 51,487,000
To acquire easements and implement
conservation practices on frequently
flooded cropland, including land within
the 100-year floodplain and the major
tributaries; on marginal cropland along
rivers and streams; and on drained or
altered wetlands in the Minnesota River
basin to protect soil, enhance water
quality, and support fish and wildlife
habitat as provided in Minnesota
Statutes, sections 103F.515 and
103F.516.
Of this amount, $43,000,000 is to
acquire easements and $8,487,000 is for
administrative costs to acquire the
easements, both under this act and
under Laws 2000, chapter 492, article
1, section 9, subdivision 3.
Subd. 3. Wetland Replacement Due to
Public Road Projects 2,000,000
To acquire land for wetlands or restore
wetlands to be used to replace wetlands
drained or filled as a result of the
repair, maintenance, or rehabilitation
of existing public roads as required by
Minnesota Statutes, section 103G.222,
subdivision 1, paragraph (1).
The purchase price paid for acquisition
of land, fee, or perpetual easement,
must be the amount deemed reasonable by
the board. The board may enter into
agreements with the federal government,
other state agencies, political
subdivisions, and nonprofit
organizations or fee owners to acquire
land and restore and create wetlands
and to acquire existing wetland banking
credits with money provided by this
appropriation. Acquisition of or the
conveyance of land may be in the name
of the political subdivision.
Sec. 5. POLLUTION CONTROL AGENCY 20,500,000
Closed Landfill Cleanup Program
To the commissioner of the pollution
control agency for capital costs of
response actions at qualified
facilities under the closed landfill
cleanup program under Minnesota
Statutes, sections 115B.39 to 115B.445.
Notwithstanding Minnesota Statutes,
section 16A.642, any part of this
appropriation not expended, encumbered,
or otherwise obligated on February 1,
2005, must be included in the report
submitted under Minnesota Statutes,
section 16A.642, in 2005.
Sec. 6. ADMINISTRATION
Subdivision 1. To the commissioner of
administration for the purposes
specified in this section 3,400,000
Subd. 2. State Office Building 2,200,000
To complete tuckpointing and masonry
repair on the north and west sides of
the building and the associated
interior remediation work.
Subd. 3. Electrical Utility 1,200,000
Infrastructure, Phase 5
To upgrade the primary electrical
distribution system in the capitol
complex.
Sec. 7. TRANSPORTATION 10,000,000
To the commissioner of transportation
for local bridge replacement and
rehabilitation.
This appropriation is from the state
transportation fund as provided in
Minnesota Statutes, section 174.50, to
match federal funds and to replace or
rehabilitate local deficient bridges.
Political subdivisions may use grants
made under this section to construct or
reconstruct bridges, including:
(1) matching federal aid grants to
construct or reconstruct key bridges;
(2) paying the costs of preliminary
engineering and environmental studies
authorized under Minnesota Statutes,
section 174.50, subdivision 6a;
(3) paying the costs to abandon an
existing bridge that is deficient and
in need of replacement, but where no
replacement will be made; and
(4) paying the costs to construct a
road or street to facilitate the
abandonment of an existing bridge
determined by the commissioner to be
deficient, if the commissioner
determines that construction of the
road or street is more cost efficient
than the replacement of the existing
bridge.
Sec. 8. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. To the commissioner of
trade and economic development for the purposes
specified in this section 8,000,000
Subd. 2. For a grant of 7,000,000
$5,000,000 to the city of Eagan, and a
grant of $2,000,000 to the city of
Austin, to pay costs not covered by
federal disaster programs under the
Presidential Declaration of Major
Disaster No. 1333, for publicly owned
capital improvements, including storm
drainage system improvements,
acquisition, relocation, and other
mitigation measures.
Subd. 3. Port Authority of
St. Paul 1,000,000
For a grant to the port authority of
the city of Saint Paul for the
acquisition of the Trillium site in the
city of Saint Paul. * (The preceding
subdivision was indicated as vetoed by
the governor.)
Sec. 9. BOND SALE EXPENSES 118,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8.
Sec. 10. BOND SALE SCHEDULE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 2003, no more
than $629,739,000 will need to be
transferred from the general fund to
the state bond fund to pay principal
and interest due and to become due on
outstanding state general obligation
bonds. During the biennium, before
each sale of state general obligation
bonds, the commissioner of finance
shall calculate the amount of debt
service payments needed on bonds
previously issued and shall estimate
the amount of debt service payments
that will be needed on the bonds
scheduled to be sold. The commissioner
shall adjust the amount of bonds
scheduled to be sold so as to remain
within the limit set by this section.
The amount needed to make the debt
service payments is appropriated from
the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 11. [BOND SALE AUTHORIZATION.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this act from the bond proceeds fund, the
commissioner of finance shall sell and issue bonds of the state
in an amount up to $99,205,000 in the manner, on the terms, and
with the effect prescribed by Minnesota Statutes, sections
16A.631 to 16A.675, and by the Minnesota Constitution, article
XI, sections 4 to 7.
Subd. 2. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the
money appropriated by this act from the maximum effort school
loan fund, the commissioner of finance shall sell and issue
bonds of the state in an amount up to $19,000,000 in the manner,
on the terms, and with the effect prescribed by Minnesota
Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7. The proceeds of the
bonds, except accrued interest and any premium received on the
sale of the bonds, must be credited to a bond proceeds account
in the maximum effort school loan fund.
Sec. 12. Minnesota Statutes 2000, section 16B.335,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] (a)
The commissioner, or any other recipient to whom an
appropriation is made to acquire or better public lands or
buildings or other public improvements of a capital nature, must
not prepare final plans and specifications for any construction,
major remodeling, or land acquisition in anticipation of which
the appropriation was made until the agency that will use the
project has presented the program plan and cost estimates for
all elements necessary to complete the project to the chair of
the senate finance committee and the chair of the house ways and
means committee and the chairs have made their recommendations,
and the chair of the house capital investment committee is
notified. "Construction or major remodeling" means construction
of a new building, a substantial addition to an existing
building, or a substantial change to the interior configuration
of an existing building. The presentation must note any
significant changes in the work that will be done, or in its
cost, since the appropriation for the project was enacted or
from the predesign submittal. The program plans and estimates
must be presented for review at least two weeks before a
recommendation is needed. The recommendations are advisory
only. Failure or refusal to make a recommendation is considered
a negative recommendation. The chairs of the senate finance
committee, the house capital investment committee, and the house
ways and means committee must also be notified whenever there is
a substantial change in a construction or major remodeling
project, or in its cost.
(b) Capital projects exempt from the requirements of this
subdivision include demolition or decommissioning of state
assets, hazardous material projects, utility infrastructure
projects, environmental testing, parking lots, exterior
lighting, fencing, highway rest areas, truck stations, storage
facilities not consisting primarily of offices or heated work
areas, roads, bridges, trails, pathways, campgrounds, athletic
fields, dams, floodwater retention systems, water access sites,
harbors, sewer separation projects, water and wastewater
facilities, port development projects for which the commissioner
of transportation has entered into an assistance agreement under
section 457A.04, ice centers, a local government project with a
construction cost of less than $1,500,000, or any other capital
project with a construction cost of less than $500,000 $750,000.
Sec. 13. Laws 1998, chapter 404, section 23, subdivision
30, is amended to read:
Subd. 30. Itasca County School-to-Work
Training and Technology Center 2,000,000
For a grant to Itasca county to design
and construct a school-to-work training
and technology center in conjunction
with the school district, the city of
Nashwauk, and private industry. Each
dollar of state money must be matched
by $1 of nonstate money. For every
dollar of nonstate money committed to
the project, two dollars of this
appropriation are available to the
county, up to the total amount
appropriated.
This appropriation is from the general
fund.
Sec. 14. Laws 2000, chapter 492, article 1, section 7,
subdivision 3, is amended to read:
Subd. 3. Office Facility Development 3,250,000
To design, acquire, remodel, refurbish,
construct, furnish, and equip a
consolidated area office and service
facility in Fergus Falls.
Sec. 15. [REENACTMENT OF CORRECTIONS TO 2000 BOND
PROVISIONS.]
The amendments made to Laws 2000, chapter 492, article 1,
sections 1; 22, subdivision 3; 25; and 26, subdivision 1; by
Laws 2000, chapter 499, sections 12, 15, 17, and 18,
respectively, are reenacted.
Sec. 16. [EFFECTIVE DATE.]
This act is effective the day following its final enactment.
Presented to the governor June 30, 2001
Signed by the governor June 30, 2001, 8:37 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes