Key: (1) language to be deleted (2) new language
CHAPTER 20-H.F.No. 8 An act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; requiring certain studies and reports; authorizing sale of bonds; appropriating money; amending Laws 2002, chapter 393, section 13, subdivision 8. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 CAPITAL IMPROVEMENTS Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.] The sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent for public purposes. Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire and better public land and buildings and other public improvements of a capital nature, or as authorized by article XI, section 5, paragraphs (b) to (j), or article XIV. Unless otherwise specified, the appropriations in this article are available until the project is completed or abandoned. SUMMARY UNIVERSITY OF MINNESOTA $ 48,708,000 MINNESOTA STATE COLLEGES AND UNIVERSITIES 59,716,000 CHILDREN, FAMILIES, AND LEARNING 11,500,000 NATURAL RESOURCES 10,755,000 BOARD OF WATER AND SOIL RESOURCES 6,400,000 AMATEUR SPORTS COMMISSION 5,000,000 ARTS 30,000,000 TRANSPORTATION 26,500,000 METROPOLITAN COUNCIL 1,000,000 HEALTH 775,000 TRADE AND ECONOMIC DEVELOPMENT 29,800,000 MINNESOTA HISTORICAL SOCIETY 500,000 BOND SALE EXPENSES 236,000 TOTAL $ 230,890,000 Bond Proceeds Fund (General Fund Debt Service) 183,256,000 Bond Proceeds Fund (User Financed Debt Service) 47,634,000 APPROPRIATIONS $ Sec. 2. UNIVERSITY OF MINNESOTA Subdivision 1. To the board of regents of the University of Minnesota for the purposes specified in this section 48,708,000 Subd. 2. Twin Cities - Minneapolis (a) Jones Hall 8,000,000 To renovate Jones Hall on the Minneapolis campus. The board of regents may use the single-phase design-build method described in Minnesota Statutes, section 16C.31, subdivision 6, paragraph (c), to implement this project. (b) Translational Research Facility 24,700,000 To design, construct, furnish, and equip the Translational Research Facility, an addition to the Lyons Research Lab building on the Minneapolis campus. This appropriation is not available until the commissioner of finance has determined that at least $12,300,000 has been committed from nonstate sources. The board of regents may use the two-phase design-build method described in Minnesota Statutes, section 16C.31, to implement this project. (c) Teaching and Technology Center 3,000,000 To predesign and design a teaching and technology center for the Institute of Technology. Subd. 3. Twin Cities - St. Paul Veterinary Diagnostic Laboratory 1,500,000 To renovate and upgrade the veterinary diagnostic laboratory to provide additional laboratory space for a veterinary molecular diagnostic laboratory. The renovation and upgrade must include space for molecular diagnostic testing for paratuberculosis (Johne's Disease), porcine reproductive and respiratory syndrome virus in swine, avian pneumovirus in turkeys, bovine mastitis, and emerging and foreign animal diseases. Subd. 4. Morris 8,600,000 To design, renovate, furnish, and equip the social science building to correct building code deficiencies, remodel the interior, install new windows, upgrade the building's mechanical and electrical systems, replace the roof, and construct an addition over the existing auditorium wing to create space for faculty offices, and to install fire protection systems in three student housing facilities. This appropriation is not available until the commissioner of finance has determined that at least $400,000 has been committed from nonstate sources. Subd. 5. Research and Outreach Centers 2,508,000 To acquire land and design, construct, furnish, and equip facilities at research and outreach centers. Projects funded by this appropriation include: (1) research laboratory and office space at the Northwest ROC at Crookston; (2) an addition to the aspen/larch genetics laboratory at the North Central ROC at Grand Rapids and acquisition of land for the development of two test planting sites to conduct research on fast-growing trees; (3) an addition to the administration building at the Southern ROC at Waseca; and (4) of this amount, $70,000 is to construct an environmentally friendly swine farrowing demonstration facility at the West Central ROC, subject to Minnesota Statutes, section 16A.695. Subd. 6. Genomics Building - Rochester 400,000 To predesign and design a medical genomics research building at the Mayo Clinic in Rochester, Minnesota, subject to Minnesota Statutes, section 16A.695. Subd. 7. Debt Service (a) The board of regents shall pay the debt service on one-third of the principal amount of state bonds sold to finance projects authorized by this section, except that, where a nonstate match is required, the debt service is due on a principal amount equal to one-third of the total project cost, less the match committed before the bonds are sold. After each sale of general obligation bonds, the commissioner of finance shall notify the board of regents of the amounts assessed for each year for the life of the bonds. (b) The commissioner shall reduce the board's assessment each year by one-third of the net income from investment of general obligation bond proceeds in proportion to the amount of principal and interest otherwise required to be paid by the board. The board shall pay its resulting net assessment to the commissioner of finance by December 1 each year. If the board fails to make a payment when due, the commissioner of finance shall reduce allotments for appropriations from the general fund otherwise available to the board and apply the amount of the reduction to cover the missed debt service payment. The commissioner of finance shall credit the payments received from the board to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under Minnesota Statutes, section 16A.641, subdivision 10. Subd. 8. Contingencies The commissioner of finance must combine into one account, under the control of the board of regents, the portion of each appropriation in this section that is attributable to the amount budgeted for contingencies for projects in this section. The board must manage the account to pay for exceptional but necessary costs of projects authorized in this section. Upon substantial completion or abandonment of all projects authorized in this section, the board must use any funds remaining in the contingency account for HEAPR under Minnesota Statutes, section 135A.046. The board of regents must report by February 1 of each even-numbered year to the chairs of the house and senate committees with jurisdiction over capital investments and higher education finance, and to the chairs of the house ways and means committee and the senate finance committee on how the money in the contingency account has been allocated or spent. Sec. 3. MINNESOTA STATE COLLEGES AND UNIVERSITIES Subdivision 1. To the board of trustees of the Minnesota state colleges and universities for the purposes specified in this section 59,716,000 Subd. 2. Bemidji State University 1,000,000 To design the colocation of the emerging technologies and health care programs of Bemidji State University and Northwest Technical College. Subd. 3. Dakota Technical College 500,000 To design the renovation of the west side of the main campus facility to create an information technology and telecommunications center of excellence and an integrated library and library information technology center. Subd. 4. Fergus Falls Community College 760,000 To design, construct, furnish, and equip an expansion of the existing maintenance shop. To design an addition to link Administration and Fine Arts to provide a one-stop student service shop, smart classrooms, open computer laboratories; design renovation to provide space for technology support next to the library; and design asset preservation work. Subd. 5. Hennepin Technical College 2,000,000 To design, renovate, furnish, and equip existing space at the Brooklyn Park and Eden Prairie campuses. Subd. 6. Inver Hills Community College 500,000 To design renovation of existing space and construction of an addition to create a one-stop student services shop; enlarge and colocate central services, the bookstore, and a new loading dock; upgrade mechanical systems; and provide a welcoming front door and help desk for the campus. Subd. 7. Lake Superior Community and Technical College 700,000 To design a student center addition to house a consolidated system of student services, smart classrooms, and open laboratories. Subd. 8. Minnesota State University - Mankato - Phase 3 8,400,000 To renovate, furnish, and equip Otto Arena and adjacent areas to provide a student fitness facility. Subd. 9. Minnesota West Community and Technical College at Worthington 6,300,000 To design, construct, furnish, and equip a one-stop student services shop and welcome counter addition. To design, renovate, furnish, and equip two science laboratories and associated preparation, storage, and office spaces. To design, renovate, furnish, and equip consolidated nursing and allied health department and other classroom spaces. Subd. 10. Northeast Higher Education District - Virginia 5,496,000 To design, renovate, and equip science laboratories, a learning resource center, a student commons, and classrooms, including technology-equipped classrooms, and construct new loading dock and driveway. Subd. 11. Northwest Technical College - Moorhead Campus 400,000 To design the renovation of existing facilities and design new facilities for an allied health and applied technology laboratory and support facilities. Subd. 12. Ridgewater Community and Technical College 2,880,000 To design, renovate, furnish, and equip existing chemistry, physics, and biology laboratories and convert a classroom into a geology laboratory on the Willmar campus. To design, renovate, furnish, and equip interior space to convert obsolete applied laboratory space on the Hutchinson campus into chemistry, physics, and biology laboratories. Subd. 13. South Central Technical College 300,000 To design renovation of teaching laboratories at the North Mankato campus and design asset preservation at the Faribault campus. Subd. 14. Southeast Technical College 580,000 To design, renovate, furnish, and equip a one-stop student services area and workforce center entrance at Winona. To design the renovation of a one-stop student services area and student center entrance at Red Wing. Subd. 15. Southwest State University 9,200,000 To renovate and reconfigure, furnish, and equip the library and construct a new entrance. Subd. 16. St. Cloud State University 10,000,000 To design the renovation of Centennial Hall and to renovate, furnish, and equip the renovation of Centennial Hall and its conversion from library to classroom use and to design the code correction and renovation of Riverview Hall. This appropriation may also be used for design of the renovation of Brown Hall and Eastman Hall. Subd. 17. St. Cloud Technical College 700,000 To design the construction of a multistory building connected to the existing facility and the renovation of part of "G" wing. Subd. 18. Land Acquisition 10,000,000 To acquire real property near the state college and university campuses. Subd. 19. Debt Service (a) The board shall pay the debt service on one-third of the principal amount of state bonds sold to finance projects authorized by this section, except that, where a nonstate match is required, the debt service is due on a principal amount equal to one-third of the total project cost, less the match committed before the bonds are sold. After each sale of general obligation bonds, the commissioner of finance shall notify the board of the amounts assessed for each year for the life of the bonds. (b) The commissioner shall reduce the board's assessment each year by one-third of the net income from investment of general obligation bond proceeds in proportion to the amount of principal and interest otherwise required to be paid by the board. The board shall pay its resulting net assessment to the commissioner of finance by December 1 each year. If the board fails to make a payment when due, the commissioner of finance shall reduce allotments for appropriations from the general fund otherwise available to the board and apply the amount of the reduction to cover the missed debt service payment. The commissioner of finance shall credit the payments received from the board to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under Minnesota Statutes, section 16A.641, subdivision 10. Subd. 20. Contingencies The commissioner of finance must combine into one account, under the control of the board of trustees, the portion of each appropriation in this section that is attributable to the amount budgeted for contingencies for projects in this section. The board must manage the account to pay for exceptional but necessary costs of projects authorized in this section. Upon substantial completion or abandonment of all projects authorized in this section, the board must use any funds remaining in the contingency account for HEAPR under Minnesota Statutes, section 135A.046. The board of trustees must report by February 1 of each even-numbered year to the chairs of the house and senate committees with jurisdiction over capital investments and higher education finance, and to the chairs of the house ways and means committee and the senate finance committee on how the money in the contingency account has been allocated or spent. Sec. 4. CHILDREN, FAMILIES, AND LEARNING Subdivision 1. To the commissioner of children, families, and learning to be known as the commissioner of education as of August 1, 2003, for the purposes specified in this section 11,500,000 Subd. 2. Library Access Grants 1,000,000 For library access grants under Minnesota Statutes, section 134.45, to remove architectural barriers from a library building or site. Subd. 3. Paul and Sheila Wellstone Center for Community Building 5,000,000 For a grant to the city of St. Paul to acquire land for and to design, construct, furnish, and equip the Paul and Sheila Wellstone center for community building. The city may enter into a lease or management agreement for the center, subject to Minnesota Statutes, section 16A.695. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources. Subd. 4. Trollwood Performing Arts School 5,500,000 For a grant to the city of Moorhead to acquire land for and to design, construct, furnish, and equip Trollwood Performing Arts School in the city of Moorhead, subject to Minnesota Statutes, section 16A.695. Trollwood must be available to regional arts groups. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources. Sec. 5. NATURAL RESOURCES Subdivision 1. To the commissioner of natural resources for the purposes specified in this section 10,755,000 Subd. 2. State Park and Recreation Area Acquisition 1,000,000 For acquisition of land under Minnesota Statutes, section 86A.05, subdivision 2, from willing sellers of private lands within state park and recreation area boundaries established by law. Subd. 3. Metro Regional Park Acquisition and Betterment 2,700,000 For a grant to the metropolitan council to complete renovation of the Como Park conservatory under phase 2. The project must include renovation of the fern room and construction of a bonsai collection space, an orchid growing and display house, and a children's activity zone, as well as corridors and connections to the education resource building. Subd. 4. State Trail Acquisition and Development 475,000 To acquire, develop, and renovate state trails as specified in Minnesota Statutes, section 85.015. $475,000 is for the Goodhue Pioneer trail. Subd. 5. Red Rock Rural Water System 125,000 For a grant to the Red Rock rural water system to acquire land, predesign, design, construct, and equip the southwest Minnesota regional water supply project. This appropriation is not available until at least an equal amount of nonstate money has been committed to the project. Subd. 6. Dam Improvements 1,050,000 For a grant to the city of Crookston for phases 2 and 3 of the Red Lake River restoration and habitat improvement project. Subd. 7. Flood Hazard Mitigation Grants 1,405,000 For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161. This appropriation includes money for the following projects: Warren and Hay Creek. To the extent that the cost of the project in Warren exceeds two percent of the median household income in the municipality multiplied by the number of households in the municipality, this appropriation is also for the local share of the project. Subd. 8. Stream Protection and Restoration 500,000 For the design and implementation of stream restoration projects that employ natural channel design principles. Subd. 9. Scientific and Natural Area Acquisition and Improvement 2,000,000 To acquire land for scientific and natural areas and for development, protection, or improvements of a capital nature to scientific and natural areas throughout the state under Minnesota Statutes, sections 84.033 and 86A.05, subdivision 5. Up to $1,500,000 is to acquire and make improvements of a capital nature to restore and develop the Seminary fen in the Assumption creek watershed in Carver county. The commissioner shall manage the Seminary fen in accordance with Minnesota Statutes, chapter 86A, in part as an aquatic management area, in part as a scientific and natural area, and in part as a wildlife management area. Subd. 10. Native Prairie Bank Easements 1,000,000 For acquisition of native prairie bank easements under Minnesota Statutes, section 84.96. Subd. 11. National Eagle Center 500,000 To the commissioner of administration for a grant to the city of Wabasha to construct the National Eagle Center. The city of Wabasha may enter into a lease or management agreement with a nonprofit corporation under Minnesota Statutes, section 16A.695. This appropriation is not available until at least $1,000,000 has been committed from nonstate sources. Sec. 6. BOARD OF WATER AND SOIL RESOURCES Subdivision 1. To the board of water and soil resources for the purposes specified in this section 6,400,000 Subd. 2. RIM Conservation Easements 1,000,000 This appropriation is to acquire conservation easements from landowners on marginal lands to protect soil and water quality and to support fish and wildlife habitat as provided in Minnesota Statutes, section 103F.515. Subd. 3. Wetland Replacement Due to Public Road Projects 2,700,000 To acquire land for wetlands or restore wetlands to be used to replace wetlands drained or filled as a result of the repair, maintenance, or rehabilitation of existing public roads as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraph (l). The purchase price paid for acquisition of land, fee, or perpetual easement must be the fair market value as determined by the board. The board may enter into agreements with the federal government, other state agencies, political subdivisions, and nonprofit organizations or fee owners to acquire land and restore and create wetlands and to acquire existing wetland banking credits with money provided by this appropriation. Acquisition of or the conveyance of land may be in the name of the political subdivision. Subd. 4. Lazarus Creek 1,400,000 For a grant to Area II Minnesota River Basin Projects, Inc. for construction of the LQP-25/Lazarus Creek floodwater retention project. The grant may not exceed 75 percent of the project's cost. The remaining share must be provided by Area II Minnesota River Basin Projects, Inc. Subd. 5. Stillwater - Brown's Creek 1,300,000 For a grant to the city of Stillwater to provide environmental protection capital improvements for Brown's Creek. Sec. 7. AMATEUR SPORTS COMMISSION Subdivision 1. To the amateur sports commission for the purposes specified in this section 5,000,000 Subd. 2. National Sport Event Center 5,000,000 To construct, furnish, and equip a national sport event center on the campus of the National Sports Center and for related capital development costs, subject to Minnesota Statutes, section 16A.695. No portion of this appropriation may be used for either the National Youth Golf Course or its clubhouse. Release of this appropriation is subject to approval by the commissioner of finance of a plan for the financing and operation of this facility which describes the relationship between the conference center and the other elements of the National Sports Center and the involvement in this facility of the National Sports Center Foundation. Sec. 8. ARTS Subdivision 1. To the commissioner of administration for the purposes specified in this section 30,000,000 Subd. 2. Minneapolis - Children's Theatre Company 5,000,000 For a grant to Hennepin county to design, construct, furnish, and equip an expansion of the Children's Theatre Company's current facility. Hennepin county may enter into a lease or management agreement for operation of the theater, subject to Minnesota Statutes, section 16A.695. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources. Subd. 3. Minneapolis - Guthrie Theater 25,000,000 For a grant to the Minneapolis community development agency or its successor to design, construct, furnish, and equip a new Guthrie Theater in the city of Minneapolis. The Minneapolis community development agency or its successor may enter into a lease or management agreement for the theater, subject to Minnesota Statutes, section 16A.695. This appropriation is not available until the commissioner has determined that at least three times the amount of this appropriation has been committed from nonstate sources. Sec. 9. TRANSPORTATION Subdivision 1. To the commissioner of transportation for the purposes specified in this section 26,500,000 Subd. 2. Local Road Improvement Program 20,000,000 To the commissioner of transportation for deposit in the trunk highway corridor projects account in the local road improvement fund under Minnesota Statutes, section 174.52, subdivision 2. This appropriation is only available for loans. Debt service on the bonds sold to finance this appropriation must be paid by the commissioner of transportation from money in the trunk highway corridor projects account in the manner provided in Minnesota Statutes, section 16A.643. Subd. 3. Port Development Assistance 2,000,000 For grants under Minnesota Statutes, sections 457A.01 to 457A.06. Any improvements made with the proceeds of these grants must be publicly owned. Subd. 4. Freight Access Improvements 3,500,000 For a grant to the port authority of Winona to construct intermodal improvements at the Winona harbor. The improvements may include commercial harbor dredging, overpass construction, street widening, signal installation, and intersection reconstruction. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from any combination of municipal state-aid money and nonstate sources. The state share may be allocated to any one or more of the project elements, with the nonstate money used to complete any elements not completed with state money. Subd. 5. Greater Minnesota Transit Facilities 1,000,000 For capital assistance for greater Minnesota transit systems to be used for transit capital facilities under Minnesota Statutes, section 174.24, subdivision 3c. Money from this appropriation may be used to pay up to 80 percent of the nonfederal share of these facilities. Sec. 10. METROPOLITAN COUNCIL 1,000,000 To the metropolitan council to design the Northwest Busway Corridor. Sec. 11. HEALTH 775,000 To design and construct a community dental clinic at Lake Superior Community College in Duluth and design and renovate the Northwest Technical College dental hygiene clinic in Moorhead, subject to Minnesota Statutes, section 16A.695. Sec. 12. TRADE AND ECONOMIC DEVELOPMENT Subdivision 1. To the commissioner of trade and economic development, to be known as the commissioner of employment and economic development as of July 1, 2003, or other named agency for the purposes specified in this section 29,800,000 Subd. 2. Redevelopment Account 1,000,000 For transfer to the redevelopment account created in Minnesota Statutes, section 116J.571. This appropriation is only available for grants to projects located outside of the seven-county metropolitan area. For a grant to the city of Little Falls for environmental cleanup of the Hennepin Paper Company property in the city of Little Falls. No match is required for this grant. Subd. 3. Wastewater Infrastructure Funding Program 15,000,000 To the public facilities authority for grants to eligible municipalities under the wastewater infrastructure program established in Minnesota Statutes, section 446A.072. To the greatest practical extent, the authority should use the grants for projects on the 2002 project priority list in priority order to qualified applicants that submit plans and specifications to the pollution control agency or receive a funding commitment from USDA rural development before December 1, 2003. $1,500,000 is for grants to the Larsmont portion of the Knife River-Larsmont sanitary district. This appropriation must be used to reduce the amount of the municipality's loan from the water pollution revolving fund that exceeds five percent of the market value of the properties in the project service area. This appropriation is in addition to grants from other appropriations. Subd. 4. Greater Minnesota Business Development Infrastructure Grant Program 7,500,000 For grants under Minnesota Statutes, section 116J.431. Subd. 5. St. Paul - Roy Wilkins Auditorium 2,300,000 For a grant to the city of St. Paul for asset preservation of the Roy Wilkins Auditorium. Subd. 6. St. Paul - Phalen Boulevard 4,000,000 For a grant to the city of St. Paul to acquire land and to complete contamination remediation on Phalen Boulevard between I-35E and Johnson Parkway. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources. Sec. 13. MINNESOTA HISTORICAL SOCIETY Subdivision 1. To the Minnesota Historical Society for the purposes specified in this section 500,000 Subd. 2. County and Local Preservation Grants 300,000 To be allocated to county and local jurisdictions as matching money for historic preservation projects of a capital nature. Grant recipients must be public entities and must match state funds on at least an equal basis. The facilities must be publicly owned. Subd. 3. Fort Belmont 200,000 For a grant to Jackson county to design, construct, furnish, and equip a new site for historic Fort Belmont, subject to Minnesota Statutes, section 16A.695. Sec. 14. BOND SALE EXPENSES 236,000 To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. This appropriation is from the bond proceeds fund. Sec. 15. BOND SALE SCHEDULE The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 2005, no more than $673,625,000 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. 16. [BOND SALE AUTHORIZATION.] To provide the money appropriated in this article from the bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $230,890,000 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. Sec. 17. [FOREST ELEMENTARY SCHOOL.] Subdivision 1. [BONDS AUTHORIZED.] Independent school district No. 281, Robbinsdale, upon approval of its board and subject to subdivision 4, may issue and sell general obligation bonds under this section to finance the Forest Elementary School project. The bonds must be issued in accord with Minnesota Statutes, chapter 475, except that Minnesota Statutes, sections 475.58 and 475.59, do not apply. The total amount of bonds authorized under this section must not exceed $11,315,000. The authority to issue bonds under this section is in addition to any bonding authority authorized by other law. Subd. 2. [LEVY AUTHORIZED.] Independent school district No. 281, Robbinsdale, may levy the amounts necessary to make payments for the bonds issued under this section. Subd. 3. [NOTICE REQUIRED.] Before independent school district No. 281, Robbinsdale, levies under this section, it must publish notice of the intended project, including the total estimated project cost and the estimated property tax impact of the project. Subd. 4. [REVERSE REFERENDUM.] A levy tentatively authorized by the board under this section becomes finally authorized unless a petition signed by more than 15 percent of the registered voters of the district is filed with the school board within 30 days of the board's adoption of a resolution stating the board's intention to levy. The percentage is to be determined with reference to the number of registered voters in the district on the last day before the petition is filed with the board. The petition must call for a referendum on the question of whether to levy for the project authorized under this section. The approval of 50 percent plus one of those voting on the question is required to pass a referendum authorized by this section. The referendum must be held on a date set by the board. The ballot must provide a general description of the proposed project and state the estimated total cost of the project, the specific number of years, not to exceed 20, for which the referendum authorization applies, the maximum amount of the levy for each year, and the estimated tax rate as a percentage of net tax capacity for the amount specified for the first year and for the maximum amount specified in the schedule. The ballot must contain a textual portion with the information required in this subdivision and a question stating substantially the following: "Shall the special facilities levy for the Forest Elementary School project proposed by the board of Independent School District No. 281, Robbinsdale, be approved?" If approved, the amount stated for each year may be certified for the number of years approved. The district must notify the commissioner of the results of the referendum. [EFFECTIVE DATE.] This section is effective the day following final enactment. Sec. 18. Laws 2002, chapter 393, section 13, subdivision 8, is amended to read: Subd. 8. State-owned Property The commissioner may enter into a ground lease for state-owned property in the capitol complex in conjunction with the execution of a lease-purchase agreement for any improvements constructed on that site. Notwithstanding the requirements of Minnesota Statutes, section 16A.695, subdivision 2, paragraph (b), the ground lease must be for a term equal to the term of the lease-purchase agreement, and must include an option to purchase the land at its then fair market value if the improvements are not purchased by the state at the end of the term of the lease-purchase agreement, or at any earlier time that the lease-purchase agreement is terminated. The commissioner of administration may lease surface, air, and utility rights for state-owned property in a parking structure constructed under subdivision 7 and this subdivision for a term up to 50 years, subject to the right of the state to terminate the lease if the parking structure is demolished. Sec. 19. [FLOOD HAZARD MITIGATION GRANTS; PARTIAL COMPLETION OF PROJECTS.] The commissioner of natural resources may allocate money for the flood hazard mitigation grants from the appropriation in Laws 2002, chapter 393, section 7, subdivision 20, as amended by Laws 2002, First Special Session chapter 1, section 12, and from the appropriations in this act, for partial construction of projects, notwithstanding that the projects will not be completed until an additional appropriation is made, and notwithstanding Minnesota Statutes, section 16B.31, subdivision 2. Sec. 20. [EFFECTIVE DATE.] This article is effective the day following final enactment. ARTICLE 2 ROSEAU FLOOD APPROPRIATIONS Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.] The sums in the column under "APPROPRIATIONS" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent for public purposes. Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, article XI, section 5, paragraph (a), to acquire and better public land and buildings and other public improvements of a capital nature, or as authorized by article XI, section 5, paragraphs (b) to (j), or article XIV. Unless otherwise specified, the appropriations in this article are available until the project is completed or abandoned. If there is a shortage of money for a program or project funded in this article, or in the money available for state and local match under Minnesota Statutes, section 12.221, unused general fund money appropriated for any other program or project in this article may be transferred by an interagency agreement approved by the commissioner of finance to cover the shortfall. The term "the area included in DR-1419," when used in this article, means the area designated under Presidential Declaration of Major Disaster, DR-1419, whether included in the original declaration or added later by federal government action. SUMMARY TRADE AND ECONOMIC DEVELOPMENT $ 1,625,000 NATURAL RESOURCES 3,000,000 TRANSPORTATION 1,400,000 TOTAL $ 6,025,000 Bond Proceeds Fund 4,625,000 Transportation Fund 1,400,000 APPROPRIATIONS $ Sec. 2. TRADE AND ECONOMIC DEVELOPMENT Subdivision 1. To the commissioner of trade and economic development, to be known as the commissioner of employment and economic development as of July 1, 2003, for the purposes specified in this section 1,625,000 Subd. 2. Public Infrastructure 1,125,000 To the public facilities authority for grants to local units of government to assist with the cost of rehabilitation and replacement of publicly owned infrastructure, including storm sewers, wastewater and municipal utility service, drinking water systems, and other infrastructure damaged by flooding in the area included in DR-1419. For the purposes of this appropriation, criteria, limitations, and repayment requirements in Minnesota Statutes, sections 446A.07, 446A.072, and 446A.081, are waived. Subd. 3. Capital Project Grant 500,000 For a grant to the city of Roseau to relocate the flood damaged city hall, auditorium, library, museum, and police department out of the Roseau River floodway as a result of flooding as declared in DR-1419, and in accordance with Minnesota Statutes, section 16A.86. Sec. 3. NATURAL RESOURCES Subdivision 1. To the commissioner of natural resources for the purposes specified in this section 3,000,000 Subd. 2. Flood Hazard Mitigation Grants 3,000,000 For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161. The commissioner shall determine project priorities as appropriate based on need. To the extent that the costs of the 100-year flood protection projects in Roseau exceed two percent of the median household income in the municipality multiplied by the number of households in the municipality, this appropriation is also for the local share of the project. $1,000,000 is to buy out property substantially damaged by flooding in the area included in DR-1419. Sec. 4. TRANSPORTATION To the commissioner of transportation for the purposes specified in this section 1,400,000 This appropriation is from the bond proceeds account in the state transportation fund. $1,000,000 is from grants to local governments for capital costs related to the rehabilitation, replacement, or reconstruction of roads or bridges damaged or destroyed by flooding or that provide future protection from flood damages in the area included in DR-1419. A grantee must submit to the commissioner of transportation final plans for each project before grant money may be released. The commissioner shall determine project priorities and plans and require changes to ensure the most prudent use of state resources. $400,000 is for a grant to the county of Polk to repair a structure north of Climax on marked state highway 220 damaged by flooding. For grants under this section, the requirements of Minnesota Statutes, section 174.50, subdivisions 4, 5, 6, 6a, and 7, are waived. Sec. 5. [BOND SALE AUTHORIZATION.] Subdivision 1. [BOND PROCEEDS FUND.] To provide the money appropriated in this article from the bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $4,625,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. Subd. 2. [TRANSPORTATION FUND.] To provide the money appropriated in this article from the state transportation fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $1,400,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued interest and any premium received on the sale of the bonds, must be credited to a bond proceeds account in the state transportation fund. Sec. 6. [EFFECTIVE DATE.] This article is effective the day following final enactment. Presented to the governor May 30, 2003 Signed by the governor June 12, 2003, 9:41 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes