HF 726

  1.1                          A bill for an act 
  1.2             relating to capital improvements; providing standards 
  1.3             for state assistance to capital improvement projects 
  1.4             of cities and counties; authorizing municipalities' 
  1.5             use of designer selection board and primary designers 
  1.6             in certain cases; amending Minnesota Statutes 1998, 
  1.7             sections 16B.33, subdivision 1; 16B.335, by adding a 
  1.8             subdivision; and 471.345, by adding a subdivision; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 16A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [16A.86] [CAPITAL PROJECT GRANTS TO CITIES AND 
  1.13  COUNTIES.] 
  1.14     Subdivision 1.  [PROJECTS COVERED.] The capital improvement 
  1.15  projects covered by this section are only those not covered by 
  1.16  another state program of assistance to political subdivisions. 
  1.17     Subd. 2.  [BUDGET REQUEST.] A political subdivision that 
  1.18  requests an appropriation of state general obligation bond 
  1.19  proceeds for a local capital improvement project shall submit 
  1.20  the request to the commissioner of finance by June 1 of an 
  1.21  odd-numbered year.  The request must be submitted in the form 
  1.22  and with the supporting documentation required by the 
  1.23  commissioner of finance.  All requests timely received by the 
  1.24  commissioner must be forwarded to the legislature, along with 
  1.25  agency requests, by the deadline established in section 16A.11, 
  1.26  subdivision 1. 
  1.27     Subd. 3.  [EVALUATION.] (a) The commissioner shall evaluate 
  1.28  all requests from political subdivisions for state assistance 
  2.1   and give higher priority to requests that meet the following 
  2.2   criteria: 
  2.3      (1) the political subdivision has provided for local, 
  2.4   private, and user financing for the project to the maximum 
  2.5   extent possible; 
  2.6      (2) the project is of strategic value to the state; 
  2.7      (3) the project is of regional or statewide significance; 
  2.8      (4) the project will not require new or any additional 
  2.9   state operating subsidies; 
  2.10     (5) the project will not expand the state's role in a new 
  2.11  policy area; 
  2.12     (6) state funding for the project will not create 
  2.13  inequities among local jurisdictions; and 
  2.14     (7) the project does not compete with a private-sector 
  2.15  enterprise. 
  2.16     (b) The commissioner's evaluation of each request must be 
  2.17  submitted to the legislature along with the governor's 
  2.18  recommendations under section 16A.11, subdivision 1, whether or 
  2.19  not the governor recommends that the request be funded.  
  2.20     Subd. 4.  [FUNDING.] (a) If the commissioner recommends to 
  2.21  the governor that a project covered by this section be funded, 
  2.22  the amount of funding must be no more than half the total cost 
  2.23  of the project, including predesign, design, construction, 
  2.24  furnishings, and equipment.  This subdivision does not apply to 
  2.25  a project proposed by a school district or other school 
  2.26  organization. 
  2.27     (b) Notwithstanding paragraph (a), more than half the total 
  2.28  cost of a project may be funded if the project is deemed needed 
  2.29  as a result of a disaster or to prevent a disaster. 
  2.30     Sec. 2.  Minnesota Statutes 1998, section 16B.33, 
  2.31  subdivision 1, is amended to read: 
  2.32     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.33  following terms have the meanings given them:  
  2.34     (a) "Agency" has the meaning given in section 16B.01 and 
  2.35  also includes a municipality acting in accordance with section 
  2.36  471.345, subdivision 5b.  
  3.1      (b) "Architect" means an architect or landscape architect 
  3.2   registered to practice under sections 326.02 to 326.15.  
  3.3      (c) "Board" means the state designer selection board.  
  3.4      (d) "Designer" means an architect or engineer, or a 
  3.5   partnership, association, or corporation comprised primarily of 
  3.6   architects or engineers or of both architects and engineers.  
  3.7      (e) "Engineer" means an engineer registered to practice 
  3.8   under sections 326.02 to 326.15.  
  3.9      (f) "Person" includes an individual, corporation, 
  3.10  partnership, association, or any other legal entity.  
  3.11     (g) "Primary designer" means the designer who is to have 
  3.12  primary design responsibility for a project, and does not 
  3.13  include designers who are merely consulted by the user agency 
  3.14  and do not have substantial design responsibility, or designers 
  3.15  who will or may be employed or consulted by the primary designer.
  3.16     (h) "Project" means an undertaking to construct, erect, or 
  3.17  remodel a building by or for the state or an agency.  
  3.18     (i) "User agency" means the agency undertaking a specific 
  3.19  project.  
  3.20     Sec. 3.  Minnesota Statutes 1998, section 16B.335, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 7.  [NOTICE TO MUNICIPALITIES.] The commissioner 
  3.23  shall give reasonable notice to municipalities of the 
  3.24  availability of the designer selection board to review requests 
  3.25  from municipalities for a primary designer as provided by 
  3.26  section 471.345, subdivision 5b. 
  3.27     Sec. 4.  Minnesota Statutes 1998, section 471.345, is 
  3.28  amended by adding a subdivision to read: 
  3.29     Subd. 5b.  [DESIGNER SELECTION BOARD.] If a contract for 
  3.30  construction or alteration of real property is estimated to 
  3.31  exceed $2,000,000, and if the state has granted or loaned to the 
  3.32  municipality at least $1,000,000 to cover the cost of the 
  3.33  contract, the municipality may submit a written request for a 
  3.34  primary designer to the state designer selection board in 
  3.35  accordance with section 16B.33, subdivision 3. 
  3.36     Sec. 5.  [REQUESTS SUBMITTED IN 1999.] 
  4.1      Notwithstanding Minnesota Statutes, section 16A.86, 
  4.2   subdivision 2, a request from a political subdivision under that 
  4.3   subdivision in 1999 must be submitted by September 1, 1999.