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H.F. No. 886, 1st Engrossment - 85th Legislative Session (2007-2008) Posted on Mar 22, 2007
1.2relating to capital improvements; authorizing spending to acquire and better
1.3public land and buildings and other improvements of a capital nature with 1.4certain conditions; authorizing the sale of state bonds; appropriating money; 1.5amending Minnesota Statutes 2006, sections 16A.695, subdivisions 2, 3, by 1.6adding subdivisions; 16A.86, subdivision 3; 116R.01, subdivision 6; 116R.02, 1.7subdivisions 1, 2, 4, 5; 116R.03; 116R.05, subdivision 2; 116R.11, subdivision 1; 1.8116R.12, by adding a subdivision; 272.01, subdivision 2; 290.06, subdivision 1.924; 297A.71, subdivision 10; 360.013, subdivision 39; 360.032, subdivision 1; 1.10360.038, subdivision 4; Laws 2005, chapter 20, article 1, sections 7, subdivision 1.1121; 20, subdivision 3; 23, subdivisions 8, 16; Laws 2006, chapter 258, sections 1.124, subdivision 4; 7, subdivision 11; 21, subdivisions 6, 15; repealing Minnesota 1.13Statutes 2006, sections 116R.02, subdivisions 3, 6, 7, 9; 116R.16. 1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17agencies and for the purposes specified in this act. The appropriations are from the 1.18bond proceeds fund to the state agencies or officials indicated, to be spent for public 1.19purposes. Appropriations of bond proceeds must be spent as authorized by the Minnesota 1.20Constitution, article XI, section 5, paragraph (a), to acquire and better public land and 1.21buildings and other public improvements of the capital nature, or as authorized by the 1.22Minnesota Constitution, article XI, section 5, paragraphs (b) to (j). Unless otherwise 1.23specified, the appropriations in this act are available until the project is completed or 1.24abandoned subject to Minnesota Statutes, section 16A.642.
2.25of Minnesota for the purposes specified in 2.26this section.
2.30Statutes, section 135A.046.
2.33for use as a biomedical science research 2.34facility. This appropriation is intended to 2.35cover approximately 80 percent of the cost 2.36of the project. The remaining costs must be 2.37paid from university sources.
3.5State Colleges and Universities for the 3.6purposes specified in this section.
3.10specified in Minnesota Statutes, section 3.11135A.046. Of this, $720,000 is for HVAC 3.12replacement and asbestos removal at 3.13the Brooklyn Park campus of Hennepin 3.14Technical College.
3.17University.
3.21approximately 3.9 acres in six residential 3.22properties adjacent to the Fond du Lac Tribal 3.23and Community College.
3.26one-third of the principal amount of state 3.27bonds sold to finance projects authorized by 3.28this section, except for higher education asset 3.29preservation and replacement, except that, 3.30where a nonstate match is required, the debt 3.31service is due on a principal amount equal 3.32to one-third of the total project cost, less the 3.33match committed before the bonds are sold. 4.1After each sale of general obligation bonds, 4.2the commissioner of finance shall notify the 4.3board of the amounts assessed for each year 4.4for the life of the bonds. 4.5(b) The commissioner shall reduce the 4.6board's assessment each year by one-third of 4.7the net income from investment of general 4.8obligation bond proceeds in proportion to the 4.9amount of principal and interest otherwise 4.10required to be paid by the board. The board 4.11shall pay its resulting net assessment to the 4.12commissioner of finance by December 1 each 4.13year. If the board fails to make a payment 4.14when due, the commissioner of finance 4.15shall reduce allotments for appropriations 4.16from the general fund otherwise available 4.17to the board and apply the amount of the 4.18reduction to cover the missed debt service 4.19payment. The commissioner of finance 4.20shall credit the payments received from the 4.21board to the bond debt service account in 4.22the state bond fund each December 1 before 4.23money is transferred from the general fund 4.24under Minnesota Statutes, section 16A.641, 4.25subdivision 10.
4.28authorized in this section and after written 4.29notice to the commissioner of finance, the 4.30Board of Trustees must use any money 4.31remaining in the appropriation for that 4.32project for HEAPR under Minnesota 4.33Statutes, section 135A.046. The Board 4.34of Trustees must report by February 1 of 4.35each even-numbered year to the chairs 5.1of the house and senate committees with 5.2jurisdiction over capital investments and 5.3higher education finance, and to the chairs of 5.4the house Ways and Means Committee and 5.5the senate Finance Committee, on how the 5.6remaining money has been allocated or spent. 5.7(b) The unspent portion of an appropriation 5.8for a project in this section that is complete, 5.9is available for higher education asset 5.10preservation and replacement under this 5.11subdivision, at the same campus as the 5.12project for which the original appropriation 5.13was made and the debt service requirement 5.14under subdivision 5 is reduced accordingly. 5.15Minnesota Statutes, section 16A.642, applies 5.16from the date of the original appropriation to 5.17the unspent amount transferred.
5.22purposes specified in this section.
5.26No. 11, Anoka-Hennepin, to acquire land 5.27adjacent to Riverview Elementary School 5.28and for improvements of a capital nature 5.29to develop and restore wetland and native 5.30prairie habitat on the land.
5.34effort school loan fund for a capital loan to 5.35Independent School District No. 38, Red 6.1Lake, as provided in Minnesota Statutes, 6.2sections 126C.60 to 126C.72, to design, 6.3construct, renovate, furnish, and equip 6.4school facilities, and for health and safety 6.5capital improvements at the Red Lake 6.6School District. This appropriation is to 6.7first complete the education spaces in the 6.8high school-middle school. Unexpended 6.9funds remaining after completion of the high 6.10school-middle school may be used for the 6.11Red Lake Elementary School project.
6.15the purposes specified in this section. 6.16The appropriations in this section are subject 6.17to the requirements of the natural resources 6.18capital improvement program set forth in 6.19new Minnesota Statutes, section 86A.12, 6.20unless this section or the statutes referred 6.21to in this section provide more specific 6.22standards, criteria, or priorities for projects 6.23than section 86A.12.
6.26fund for a grant under Minnesota Statutes, 6.27section 103F.161, to the city of Stillwater to 6.28predesign, design, and begin construction 6.29of Phase III of the Stillwater flood control 6.30project, including flood control structures 6.31and pumping stations. This appropriation 6.32is not available until the commissioner has 6.33determined that at least $2,000,000 has been 6.34committed from nonstate sources.
7.3Planning Board to construct siphons, a 7.4conveyance system, and other improvements 7.5to accommodate water level and outflow 7.6control of the water level in the Canisteo 7.7mine pit in Itasca County. This appropriation 7.8does not require a local match. The 7.9commissioner of natural resources shall be 7.10responsible to maintain the improvements 7.11after completion of the project.
7.14predesign, design, redevelop, and expand the 7.15Springbrook Nature Center.
7.18improvements in the recreation area, and 7.19forest restoration and interpretation at the 7.20Big Bog State Recreation Area.
7.23for a grant to Hennepin County to conduct 7.24emergency building stabilization at Fort 7.25Snelling Upper Bluff. This appropriation 7.26is not available until the commissioner of 7.27finance has determined that Hennepin County 7.28has entered into appropriate agreements to 7.29use Sentence to Serve labor for the project 7.30that will train Sentence to Serve laborers in 7.31the skills needed for the work.
8.2to develop and implement a high resolution 8.3digital elevation model for the Red River 8.4basin.
8.7Minnesota Statutes, section 103F.161, for: 8.8(a) the city of Roseau, for the state share of 8.9land acquisition, engineering, design, and 8.10construction costs for the U.S. Army Corps 8.11of Engineers Flood Control Project, which 8.12will protect the city of Roseau from recurring 8.13flooding; and 8.14(b) flood hazard mitigation projects in 8.15Browns Valley. 8.16To the extent that the cost of the project 8.17in Roseau and Browns Valley exceeds two 8.18percent of the median household income in 8.19the municipality multiplied by the number 8.20of households in the municipality, this 8.21appropriation is also for the local share of the 8.22project.
8.26to develop a natural surface multiuse trail in 8.27the Cuyuna Country State Recreation Area.
8.30replace an at-grade crossing of the Gateway 8.31Trail at Highway 120 with a tunnel.
8.34acquire land for, develop, and rehabilitate the 9.1Luce Line Trail, under Minnesota Statutes, 9.2section 85.015.
9.5for acquisition of the Browns Creek segment 9.6of the Willard Munger Trail System.
9.9to the Pollution Control Agency for a grant 9.10to the city of Albert Lea for construction 9.11costs of remedial systems at the Albert 9.12Lea landfill. This includes relocating and 9.13incorporating waste from the former Albert 9.14Lea dump owned by the city of Albert Lea 9.15pursuant to Minnesota Statutes, section 9.16115B.403, which action may be taken by the 9.17Pollution Control Agency notwithstanding 9.18the provisions of Minnesota Statutes, section 9.19115B.403, paragraphs (a) and (b). 9.20The appropriation in this section is added to 9.21the amounts for the city of Albert Lea landfill 9.22funding in Laws 2006, chapter 258, section 9.238, subdivision 2.
9.28for the purposes specified in this section.
9.31to acquire conservation easements from 9.32landowners on marginal lands to protect soil 9.33and water quality and to support fish and 10.1wildlife habitat as provided in Minnesota 10.2Statutes, sections 103F.501 to 103F.535. 10.3Of this, $1,200,000 is to implement the 10.4program. The board must submit to the 10.5legislative committees with jurisdiction over 10.6environment finance and capital investment 10.7an interim report on this program by October 10.81, 2007, and a final report by February 1, 10.92008.
10.13and design holding ponds upstream from 10.14Lake Titlow. The design must include the 10.15best location for the ponds, an estimate of 10.16the cost of land acquisition or easements, 10.17construction costs of the holding ponds, and 10.18the estimated expense of maintaining the 10.19structures and who will be responsible for 10.20the expense. The city must also coordinate 10.21with state and county conservation officials 10.22to ensure correct conservation practices and 10.23improvements in the watershed district. 10.24Of this, $15,000 is from the general fund to 10.25purchase open intake tile covers or cones that 10.26limit soil erosion and chemicals from entering 10.27the water ditch systems and waterways of 10.28the Lake Titlow watershed. These water 10.29control devices must be provided at low 10.30cost to landowners to promote conservation 10.31improvement and clean up groundwater. 10.32Volunteers from the city of Gaylord and local 10.33clubs and high school students must be used 10.34to install the water control devices at no cost 10.35to the landowner. 11.1The criteria, limitations, and assessment 11.2requirements in Minnesota Statutes, sections 11.3103D.701, 103D.705, and 103D.901 do not 11.4apply to this subdivision.
11.9to the Minnesota Zoological Garden for 11.10design and construction of improvements to 11.11its water management system. The project 11.12must be designed to address inflow and 11.13infiltration problems associated with the 11.14Minnesota Zoo's water discharge flow to the 11.15city of Eagan.
11.19the purposes specified in this section.
11.23account in the trunk highway fund to repair 11.24and renovate the exterior of the Department 11.25of Transportation Building at 395 John 11.26Ireland Boulevard in St. Paul.
11.29to acquire property at 639 Jackson Street in 11.30St. Paul adjacent to the Harold E. Stassen 11.31Building, to demolish existing structures 11.32on the property, and to develop temporary 11.33parking on the site and adjacent areas.
12.3for a grant to the city of Eden Prairie to 12.4design and construct improvements of a 12.5capital nature for a veterans memorial in 12.6Purgatory Creek Recreation Area in the city 12.7of Eden Prairie.
12.10for the biennium ending June 30, 2009, for 12.11grants to noncommercial television stations 12.12to assist with the continued conversion to a 12.13digital broadcast signal as mandated by the 12.14federal government. This appropriation must 12.15be used to assist each station to complete its 12.16digital production facilities and interconnect 12.17with other Minnesota public television 12.18stations. In order to qualify for these grants, 12.19a station must meet the criteria established 12.20for grants in Minnesota Statutes, section 12.21129D.12, subdivision 2.
12.24for the fiscal year beginning July 1, 2007, for 12.25grants to Minnesota Public Radio to assist 12.26with conversion to a digital broadcast signal.
12.29to the commissioner of public safety for a 12.30grant to Anoka County to construct, furnish, 12.31and equip a regional forensic laboratory at 12.32Anoka County's public safety facility.
13.3purposes specified in this section.
13.7for the state transportation fund provided in 13.8Minnesota Statutes, section 174.50, to match 13.9federal money and to replace or rehabilitate 13.10local deficient bridges. 13.11Political subdivisions may use grants made 13.12under this section to construct or reconstruct 13.13bridges, including: 13.14(1) matching federal aid grants to construct 13.15or reconstruct key bridges; 13.16(2) paying the costs of preliminary 13.17engineering and environmental studies 13.18authorized under Minnesota Statutes, section 13.19174.50, subdivision 6a; 13.20(3) paying the costs to abandon an existing 13.21bridge that is deficient and in need of 13.22replacement, but where no replacement will 13.23be made; and 13.24(4) paying the costs to construct a road 13.25or street to facilitate the abandonment 13.26of an existing bridge determined by 13.27the commissioner to be deficient, if the 13.28commissioner determines that construction 13.29of the road or street is more cost efficient 13.30than the replacement of the existing bridge.
13.33general fund for grants under Minnesota 14.1Statutes, chapter 457A. Any improvements 14.2made with the proceeds of these grants must 14.3be publicly owned.
14.6account in the trunk highway fund to 14.7design, construct, furnish, and equip a 14.8new Department of Transportation district 14.9headquarters facility in Mankato.
14.12line between St. Paul and Chicago. No 14.13part of this appropriation may be spent to 14.14acquire or better capital improvements that 14.15are located outside the state of Minnesota, 14.16that may be used from time to time outside 14.17the state of Minnesota, or that are part of 14.18a rail corridor that is not designated by the 14.19Midwest Interstate Passenger Rail Compact.
14.22Development Authority to fund advanced 14.23preliminary engineering, updated 14.24environmental documentation, property 14.25appraisals, and negotiations with the railroad 14.26to extend commuter rail service on the 14.27Burlington Northern Santa Fe rail line 14.28between Big Lake and Rice.
14.32County Regional Rail Authority for 14.33railroad acquisition and track restoration, 14.34environmental impact studies, advanced 15.1corridor planning, preliminary design and 15.2preliminary engineering, station design, 15.3analysis of railroad capacity, and easement 15.4costs for intercity and passenger rail service 15.5between the city of Duluth and the cities of 15.6Minneapolis and St. Paul.
15.10specified in this section.
15.13design, final design, and construction of 15.14the central corridor transit way between 15.15downtown Minneapolis and downtown St. 15.16Paul, terminating in downtown St. Paul at 15.17the Union Depot. 15.18This appropriation may not be spent for 15.19capital improvements within a trunk highway 15.20right-of-way.
15.23Railroad Authority to acquire land and 15.24structures, to renovate structures, and for 15.25design, engineering, and environmental 15.26work to revitalize Union Depot for use as a 15.27multimodal transit center in St. Paul.
15.30Railroad Authority to acquire land for, 15.31design, and construct park-and-ride or 15.32park-and-pool lots located along the Rush 15.33Line Corridor along I-35E/I-35W and 16.1Highway 61 from the Union Depot in 16.2downtown St. Paul to Hinckley.
16.5park-and-ride lots for the Red Rock 16.6Corridor transit way between Hastings and 16.7Minneapolis via St. Paul, and any extension 16.8between Hastings and Red Wing.
16.11Regional Rail Authority to prepare a draft 16.12environmental impact statement (DEIS) 16.13and for preliminary engineering for the 16.14Southwest Transit Way Corridor, from the 16.15Hiawatha light rail in downtown Minneapolis 16.16to the vicinity of the Southwest Station 16.17transit hub in Eden Prairie.
16.20for a feasibility study, environmental studies, 16.21and preliminary engineering of transit options 16.22for an Interstate 494 corridor transit way, 16.23along a corridor on or near marked Interstate 16.24Highway 494, from Minneapolis-St. Paul 16.25International Airport to a transit station on 16.26the proposed southwest transit way, and other 16.27transit corridors in the metropolitan area.
16.30predesign and preliminary engineering of 16.31transportation and transit improvements, 16.32including busways or rail transit in the 16.33marked Interstate Highway 94 Corridor 16.34between the Union Depot Concourse 17.1Multimodal Transit Hub, located in 17.2downtown St. Paul in the area south of 17.3Kellogg Boulevard and east of Jackson Street, 17.4extending eastward through Washington 17.5County to the Minnesota-Wisconsin border, 17.6to terminate in St. Croix County, Wisconsin. 17.7No part of this appropriation may be spent to 17.8acquire or better capital improvements that 17.9are located outside the state of Minnesota.
17.13for a grant to the city of St. Paul to construct, 17.14furnish, and equip river park development 17.15and redevelopment infrastructure in National 17.16Great River Park along the Mississippi River 17.17in St. Paul.
17.20to the commissioner of administration to 17.21predesign a multicounty regional secured 17.22treatment facility in west central Minnesota. 17.23The commissioner of human services 17.24shall prepare a report to the legislature 17.25assessing the need for and the viability of 17.26the facility and the benefits derived from a 17.27coordinated multicounty, regional approach 17.28to local chemical dependency needs in west 17.29central Minnesota. The report is due to the 17.30legislature by February 1, 2008.
17.34the purposes specified in this section.
18.5renovate the perimeter system at the Oak Park 18.6Heights Correctional Facility by replacing 18.7the security fence system for the inside wall 18.8of the main prison yard and exterior fence, 18.9replacing the perimeter lighting system and 18.10the security razor ribbon, and installing 18.11cameras and lighting to correspond to the 18.12perimeter system's added security zones.
18.15to renovate the ventilation system at the 18.16Oak Park Heights Correctional Facility by 18.17demolishing sections of existing ductwork, 18.18installing new ductwork, installing an 18.19ultraviolet lighting system, installing system 18.20air controls and electronics, and cleaning 18.21or otherwise renovating sections of existing 18.22ductwork.
18.27economic development or other named 18.28agency for the purposes specified in this 18.29section.
18.32for a grant to the Duluth Entertainment 18.33and Convention Center Authority to 18.34design, construct, furnish, and equip capital 19.1improvements and renovations to the Duluth 19.2Entertainment and Convention Center. The 19.3capital improvements and renovations must 19.4include an approximately 217,446 square 19.5foot arena with an ice sheet of at least 200 19.6feet by 85 feet; trade show and concert space; 19.7seating capacity of at least 6,630 with suites, 19.8club seats, and concessions; state-of-the-art 19.9locker and training facilities; and accessible 19.10and expanded media space. Notwithstanding 19.11any law to the contrary, the authority may 19.12adopt a design and construction procurement 19.13process as determined by the authority, in 19.14its discretion, to be in the public interest in 19.15connection with the Duluth Entertainment 19.16and Convention Center improvements.
19.19infrastructure needed to support a steel plant 19.20in Itasca County. Grant money may be used 19.21by Itasca County to acquire rights-of-way 19.22and mitigate loss of wetlands and runoff of 19.23storm water, to predesign, design, construct, 19.24and equip roads and rail lines, and, in 19.25cooperation with municipal public utilities, 19.26to predesign, design, construct, and equip 19.27natural gas pipelines, electric infrastructure, 19.28water supply systems, and wastewater 19.29collection and treatment systems.
19.32the renovation and expansion of the Mayo 19.33Civic Center Complex.
20.2for a grant to the Wildlife Rehabilitation 20.3Center of Minnesota to retire loans incurred 20.4by the center for construction of its facility in 20.5the city of Roseville, and for completion of 20.6educational technology infrastructure at the 20.7center.
20.10the preliminary planning, design, and 20.11engineering of the Rice Street bridge where 20.12it crosses marked Trunk Highway 36 in 20.13Ramsey County.
20.16expenses under Minnesota Statutes, section 20.1716A.641, subdivision 8.
20.20the sale of state general obligation bonds so 20.21that, during the biennium ending June 30, 20.222009, no more than $918,620,000 will need 20.23to be transferred from the general fund to the 20.24state bond fund to pay principal and interest 20.25due and to become due on outstanding 20.26state general obligation bonds. During 20.27the biennium, before each sale of state 20.28general obligation bonds, the commissioner 20.29of finance shall calculate the amount of 20.30debt service payments needed on bonds 20.31previously issued and shall estimate the 20.32amount of debt service payments that will 20.33be needed on the bonds scheduled to be 21.1sold. The commissioner shall adjust the 21.2amount of bonds scheduled to be sold so as 21.3to remain within the limit set by this section. 21.4The amount needed to make the debt service 21.5payments is appropriated from the general 21.6fund as provided in Minnesota Statutes, 21.7section 16A.641. 21.8 Sec. 18. BOND SALE AUTHORIZATION. 21.9 Subdivision 1. Bond proceeds fund. To provide the money appropriated in this act 21.10from the bond proceeds fund, the commissioner of finance shall sell and issue bonds of the 21.11state in an amount up to $110,282,000 in the manner, upon the terms, and with the effect 21.12prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota 21.13Constitution, article XI, sections 4 to 7. 21.14 Subd. 2. Maximum effort school loan fund. To provide the money appropriated in 21.15this act from the maximum effort school loan fund, the commissioner of finance shall sell 21.16and issue bonds of the state in an amount up to $30,000,000 in the manner, upon the terms, 21.17and with the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by 21.18the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except 21.19accrued interest and any premium received on the sale of the bonds, must be credited to a 21.20bond proceeds account in the maximum effort school loan fund. 21.21 Subd. 3. Trunk highway bonds. To provide the money appropriated in this act 21.22from the bond proceeds account in the trunk highway fund, the commissioner of finance 21.23shall sell and issue trunk highway bonds in an amount up to $33,420,000 in the manner, on 21.24the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, 21.25and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts 21.26requested by the commissioner of transportation. The proceeds of the bonds, except 21.27accrued interest and any premium received on the sale of the bonds, must be credited to 21.28the bond proceeds account in the trunk highway fund. 21.29 Sec. 19. BOND SALE AUTHORIZATION REDUCTIONS. 21.30 The bond sale authorization in Laws 2005, chapter 20, article 1, section 28, 21.31subdivision 1, is reduced by $2,000,000. 21.32 The bond sale authorization in Laws 2006, chapter 258, section 25, subdivision 1, is 21.33reduced by $3,282,000. 22.1 Sec. 20. Minnesota Statutes 2006, section 16A.695, subdivision 2, is amended to read: 22.2 Subd. 2. Leases and management contracts. (a) A public officer or agency that is 22.3authorized by law to lease or enter into a management contract with respect to state bond 22.4financed property shall comply with this subdivision. 22.5 (b) The lease or management contract may be entered into for the express purpose of 22.6carrying out a governmental program established or authorized by law and established by 22.7official action of the contracting public officer or agency, in accordance with orders of the 22.8commissioner intended to ensure the legality and tax-exempt status of bonds issued to 22.9finance the property, and with the approval of the commissioner. A lease or management 22.10contract, including any renewals that are solely at the option of the lessee, must be for a 22.11term substantially less than the useful life of the property, but may allow renewal beyond 22.12that term 22.13lessor that the use continues to carry out the governmental program. In the event that the 22.14lessor and lessee do not renew the lease or management contract and if the lessee has 22.15contributed to the land and the capital improvements on the state bond financed property, 22.16the lessor may agree to reimburse the lessee for its investment in the land and capital 22.17improvements by purchasing the lessee's interest in the property or otherwise, which 22.18amount may be paid, at the option of the lessor and lessee, at the time of nonrenewal 22.19without a requirement of a prior escrow for funds or at such later date and additional 22.20terms as are agreed to by the lessor and the lessee. A lease or management contract must 22.21be terminable by the contracting public officer or agency if the other contracting party 22.22defaults under the contract or if the governmental program is terminated or changed, and 22.23must provide for program oversight by the contracting public officer or agency. Money 22.24received by the public officer or agency under the lease or management contract that is 22.25not needed to pay and not authorized to be used to pay operating costs of the property, 22.26or to pay the principal, interest, redemption premiums, and other expenses when due on 22.27debt related to the property other than state bonds, must be: 22.28 (1) paid to the commissioner in the same proportion as the state bond financing is 22.29to the total public debt financing for the property, excluding debt issued by a unit of 22.30government for which it has no financial liability; 22.31 (2) deposited in the state bond fund; and 22.32 (3) used to pay or redeem or defease bonds issued to finance the property in 22.33accordance with the commissioner's order authorizing their issuance. 22.34 The money paid to the commissioner is appropriated for this purpose. 22.35 (c) With the approval of the commissioner, a lease or management contract between 22.36a city and a nonprofit corporation under section 23.1the lessee to pay rentals sufficient to pay the principal, interest, redemption premiums, 23.2and other expenses when due with respect to state bonds issued to acquire and better 23.3the facilities. 23.4EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 23.5and applies to lease or management agreements entered into on or after that date. 23.6 Sec. 21. Minnesota Statutes 2006, section 16A.695, subdivision 3, is amended to read: 23.7 Subd. 3. Sale of property. A public officer or agency shall not sell any state bond 23.8financed property unless the public officer or agency determines by official action that 23.9the property is no longer usable or needed by the public officer or agency to carry out 23.10the governmental program for which it was acquired or constructed, the sale is made as 23.11authorized by law, the sale is made for fair market value, and the sale is approved by the 23.12commissioner. If any state bonds issued to purchase or better the state bond financed 23.13property that is sold remain outstanding on the date of sale, the net proceeds of sale must 23.14be applied as follows: 23.15 (1) if the state bond financed property was acquired and bettered solely with state 23.16bond proceeds, the net proceeds of sale must be paid to the commissioner, deposited in 23.17the state bond fund, and used to pay or redeem or defease the outstanding state bonds in 23.18accordance with the commissioner's order authorizing their issuance, and the proceeds are 23.19appropriated for this purpose; or 23.20 (2) if the state bond financed property was acquired or bettered partly with state 23.21bond proceeds and partly with other money, the net proceeds of sale must be used: first, to 23.22pay to the state the amount of state bond proceeds used to acquire or better the property; 23.23second, to pay in full any outstanding public or private debt incurred to acquire or better 23.24the property; 23.25private lender already paid in full, the amount of money contributed to the acquisition 23.26or betterment of the property; and fourth, any excess over the amount needed for those 23.27purposes must be divided in proportion to the shares contributed to the acquisition or 23.28betterment of the property and paid to the interested public and private entities, other than 23.29any private lender already paid in full, and the proceeds are appropriated for this purpose. 23.30In calculating the share contributed by each entity, the amount to be attributed to the owner 23.31of the property shall be the fair market value of the property that was bettered by state 23.32bond proceeds at the time the betterment began. 23.33 When all of the net proceeds of sale have been applied as provided in this 23.34subdivision, this section no longer applies to the property. 24.1EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 24.2and applies to lease or management agreements entered into on or after that date. 24.3 Sec. 22. Minnesota Statutes 2006, section 16A.695, is amended by adding a 24.4subdivision to read: 24.5 Subd. 6. Match requirements. Recipients of grants from money appropriated 24.6from the bond proceeds fund may be required to demonstrate a commitment of funds 24.7from nonstate sources. These matching funds may be pledged payments that have been 24.8deposited into a segregated account and/or multiyear pledges that are converted into 24.9cash or cash equivalent through a loan or irrevocable letter of credit from a financial 24.10institution. The loan or irrevocable letter of credit may be secured by a lien on the state 24.11bond financed property. 24.12EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 24.13and applies to lease or management agreements entered into on or after that date. 24.14 Sec. 23. Minnesota Statutes 2006, section 16A.695, is amended by adding a 24.15subdivision to read: 24.16 Subd. 7. Leased state bond financed property. A public officer or agency may 24.17lease real property and improvements which are to be acquired or improved with state 24.18bond proceeds. The lease shall be for a term equal to or longer than the useful life of the 24.19property. The expiration of the lease upon the end of its term shall not require that the 24.20state be repaid or that the property be sold and upon such expiration the real property and 24.21improvements shall no longer be state bond financed property. 24.22EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 24.23and applies to lease or management agreements entered into on or after that date. 24.24 Sec. 24. Minnesota Statutes 2006, section 16A.86, subdivision 3, is amended to read: 24.25 Subd. 3. Evaluation. (a) The commissioner shall evaluate all requests from political 24.26subdivisions for state assistance based on the following criteria: 24.27 (1) the political subdivision has provided for local, private, and user financing for 24.28the project to the maximum extent possible; 24.29 (2) the project helps fulfill an important state mission; 24.30 (3) the project is of regional or statewide significance; 24.31 (4) the project will 24.32or exceed sustainable building guidelines established under section 16B.325; 25.1 (5) the project will 25.2building designs to the extent possible; 25.3 (6) state funding for the project will not create significant inequities among local 25.4jurisdictions; 25.5 (7) the project will not compete with other facilities in such a manner that they lose a 25.6significant number of users to the new project; 25.7 (8) the governing bodies of those political subdivisions primarily benefiting from the 25.8project have passed resolutions in support of the project and have established priorities 25.9for all projects within their jurisdictions for which bonding appropriations are requested 25.10when submitting multiple requests; and 25.11 (9) if a predesign that meets the requirements of section 25.12and is available at the time the project request is submitted to the commissioner of finance, 25.13the applicant has submitted the project predesign to the commissioner of administration. 25.14 (b) The commissioner's evaluation of each request, including whether it meets 25.15each of the criteria in paragraph (a), must be submitted to the legislature along with the 25.16governor's recommendations under section 25.17governor recommends that the request be funded. 25.18 Sec. 25. Minnesota Statutes 2006, section 116R.01, subdivision 6, is amended to read: 25.19 Subd. 6. Project. "Project" means the facilities or any property described in section 25.21 Sec. 26. Minnesota Statutes 2006, section 116R.02, subdivision 1, is amended to read: 25.22 Subdivision 1. Sale authorization. The commissioner of finance, upon the request 25.23of the governor, may issue and sell revenue bonds as provided under sections 25.25in the aggregate principal amount of up to $350,000,000, except for refunding bonds. 25.26Proceeds of the bonds and investment income on the proceeds are appropriated in the 25.27amounts and for the purposes specified in subdivisions 2 25.28 Sec. 27. Minnesota Statutes 2006, section 116R.02, subdivision 2, is amended to read: 25.29 Subd. 2. Loan, lease, and revenue agreements. (a) The commissioner may loan 25.30the proceeds of the bonds, make other loans or enter into lease agreements or other 25.31revenue agreements for the 25.325. The commissioner may provide for servicing of the loans and agreements, the times 25.33they are payable and the amounts of payments, the amount of the loans and agreements, 26.1their security, and other terms, conditions, and provisions necessary or convenient in 26.2connection with them and may enter into all necessary contracts and security instruments 26.3in connection with them. The commissioner shall seek to obtain the best available terms 26.4and security for the loans or agreements. The terms and security must be reasonably 26.5determined by the commissioner to be adequate and of the kind and degree which would 26.6be required by an investment banking or other financial institution. The facilities described 26.7in 26.8bonds issued under sections 26.9 (b) To reduce the risk that state general funds will be needed to pay debt service on 26.10the state guaranteed bonds, the commissioner must require that the financing arrangements 26.11include a coverage test satisfactory to the commissioner so that the sum of the value of the 26.12assets and other security pledged to the payment of bonds or the rent due under any lease 26.13of the project and taken into account by the commissioner is no less than 125 percent of 26.14the difference between the outstanding state guaranteed bonds, and any cash collateral 26.15held in a debt service reserve account and pledged to the payment of principal and interest 26.16for the state guaranteed bonds and no other bonds. Assets and other security that may be 26.17taken into account include (1) net unencumbered value of the project and any collateral 26.18or third party guaranty, including a letter of credit, pledged or otherwise furnished by a 26.19user of the project or by a benefited airline company as security for the payment of rent, 26.20(2) bond proceeds, including earnings thereon, and (3) prepayments of rent, after making 26.21such adjustments the commissioner determines to be appropriate to take into account 26.22any outstanding bonds secured by a lien on the project or rent that is prior to the lien 26.23securing the state guaranteed bonds, but excluding any cash collateral deducted from the 26.24outstanding state guaranteed bonds in applying the coverage test. The commissioner may 26.25adopt the method of valuing the assets and other security as the commissioner determines 26.26to be appropriate, including valuation of the project at its original cost less depreciation. 26.27 Sec. 28. Minnesota Statutes 2006, section 116R.02, subdivision 4, is amended to read: 26.28 Subd. 4. Security. (a) If so provided in the commissioner's order or any indenture 26.29authorizing the applicable series of bonds, up to $125,000,000 principal amount of bonds 26.30for the facility described in subdivision 5, 26.31 26.32be secured by either of the following methods: 26.33 (1) upon the occurrence of any deficiency in a debt service reserve fund for a series 26.34of bonds as provided in section 26.35sell deficiency bonds in a principal amount not to exceed 27.1described in subdivision 5 27.2 27.3 (2) the bonds may be directly secured by a pledge of the full faith, credit, and taxing 27.4power of the state and issued as general obligation revenue bonds of the state in accordance 27.5with the Minnesota Constitution, article XI, sections 4 to 7. In no event may the security 27.6provided by this paragraph extend in whole or part to any series of bonds other than the 27.7initial series of bonds so secured and any series of bonds issued to refund these bonds. 27.8 Deficiency bonds and bonds issued under clause (2) must be issued in accordance 27.9with and subject to sections 27.111, and except that the bonds may be sold at public or private sale at a price or prices 27.12determined by the commissioner as provided in section 27.13 (b) The commissioner may request St. Louis County to pay or secure payment of 27.14principal and interest due on up to $12,600,000 principal amount of revenue bonds for the 27.15facility described in subdivision 5 27.16 27.17request of the commissioner, St. Louis County shall, by resolution of its county board, 27.18unconditionally and irrevocably pledge as a general obligation, its full faith, credit, and 27.19taxing power to pay or secure payment of principal and interest due on the principal 27.20amount or amounts requested by the commissioner. The general obligation and pledge of 27.21St. Louis County are not subject to and shall not be taken into account for purposes of any 27.22debt limitation. A levy of taxes for the St. Louis County general obligation is not subject 27.23to and shall not be taken into account for purposes of any levy limitations. The general 27.24obligation and the bonds secured by the general obligation may be issued without an 27.25election. Except for sections 27.26obligation or to the bonds secured by the general obligation. 27.27 (c) The commissioner may request the city of Duluth to pay or secure payment of 27.28principal and interest due on up to $47,600,000 principal amount of revenue bonds for the 27.29facility described in subdivision 5. At the request of the commissioner, the city of Duluth 27.30shall pledge specified revenues of the city, as provided in Laws 1991, chapter 350, article 27.311, section 24, to pay principal and interest due on the principal amount requested by 27.32the commissioner. 27.33 (d) Bonds and deficiency bonds issued under sections 27.34and any indenture entered into in connection with the issuance of the bonds are not subject 27.35to section 28.1 Sec. 29. Minnesota Statutes 2006, section 116R.02, subdivision 5, is amended to read: 28.2 Subd. 5. Use of proceeds; aircraft maintenance facility. The proceeds of the 28.3bonds issued in a principal amount not to exceed $250,000,000 may be used to finance 28.4the costs related to the planning, construction, improvement, or equipping of a heavy 28.5maintenance facility for aircraft and facilities subordinate and related to the facility to be 28.6located at the Duluth International Airport and any costs of issuance, reserves, credit 28.7enhancement, or an initial period of interest payments related to the bonds or the facility. 28.8The bond proceeds are appropriated to the commissioner for the purposes specified in this 28.9subdivision. 28.10 28.11 28.12mortgage or security interest lien on the facility or any interest in or part of the facility. 28.13The mortgage is exempt from the mortgage registry tax imposed under chapter 287. In 28.14the event of a default under the loan, lease agreement, or other revenue agreement, the 28.15facility, or any part of the facility, may be leased or sold to another person for any lawful 28.16purpose, subject to the approval of the commissioner. The approval of the commissioner 28.17is not required if the bond trustee has taken control of the facility as a result of a default. 28.18 The ownership of the facility by the owner may create no liability of the owner for 28.19payment of the debt service on the bonds if so determined by the commissioner. The 28.20owner may require as a condition of entering into the lease of the facility that the lessee or 28.21other party pay all costs, expenses, or any other obligations of ownership of the facility. 28.22 No revenues derived from the lease of the project may be used other than for a 28.23purpose related to the project, including its operation, administration, maintenance, 28.24improvement, or financing. 28.25 Sec. 30. Minnesota Statutes 2006, section 116R.03, is amended to read: 28.26116R.03 GENERAL POWERS. 28.27 For the purpose of exercising the specific powers authorized under sections 28.28to 28.29116R.15, the commissioner may: 28.30 (1) acquire, hold, pledge, assign, lease, or dispose of real or personal property or 28.31any interest in property, including a mortgage or security interest in a facility described in 28.32section 28.33 (2) enter into agreements, contracts, or other transactions with any federal or state 28.34agency, any person and any domestic or foreign partnership, corporation, association, or 29.1organization, including contracts or agreements for administration and implementation of 29.2all or part of sections 29.3 (3) acquire real property, or an interest therein, by purchase or foreclosure, where 29.4the acquisition is necessary or appropriate; 29.5 (4) enter into agreements with lenders, borrowers, or the issuers of securities for the 29.6purpose of regulating the development and management of any facility financed in whole 29.7or in part by the proceeds of bonds or loans; 29.8 (5) enter into agreements with other appropriate federal, state, or local governmental 29.9units; 29.10 (6) contract with, use, or employ any federal, state, regional, or local public or 29.11private agency or organization, legal counsel, financial advisors, investment bankers or 29.12others, upon terms the commissioner considers necessary or desirable, to assist in the 29.13exercise of any of the powers authorized under sections 29.14to carry out the objectives of sections 29.15services from bond proceeds or otherwise available department money 29.16 (7) in the event of a default under the loan, lease agreement, or other revenue 29.17agreement, the facility, or any part of the facility, may be leased or sold to another person 29.18for any lawful purpose, subject to the approval of the commissioner. The approval of the 29.19commissioner is not required if the bond trustee has taken control of the facility as a 29.20result of a default. 29.21 Sec. 31. Minnesota Statutes 2006, section 116R.05, subdivision 2, is amended to read: 29.22 Subd. 2. Sources of payment. Except as otherwise provided for bonds issued 29.23under section 29.24thereon are payable solely from the following sources and are irrevocably appropriated 29.25for that purpose, but only to the extent provided in the order or indenture authorizing or 29.26securing the bonds: 29.27 (1) revenues of any nature derived from the ownership, lease, operation, sale, 29.28foreclosure, or refinancing of a project described in section 29.29 (2) repayments of any loans made under sections 29.30 (3) proceeds of any bonds or deficiency bonds; 29.31 (4) amounts in any account or accounts authorized by section 29.32 (5) amounts paid by St. Louis County under its obligations referred to in section 29.3424 or 25, for the payment of bonds or interest thereon; 30.1 (6) amounts payable under any insurance policy, guaranty, letter of credit, or other 30.2instrument securing the bonds; 30.3 (7) any other revenues which the commissioner may pledge but excluding state 30.4appropriations unless the appropriation was specifically designated for that purpose; and 30.5 (8) investment income on any of the sources specified in clauses (1) to (7). 30.6 Sec. 32. Minnesota Statutes 2006, section 116R.11, subdivision 1, is amended to read: 30.7 Subdivision 1. Funds. The commissioner or any trustee appointed by the 30.8commissioner under sections 30.9aircraft facilities fund for 30.10 30.11be deposited in a debt service account, proceeds of each issue of bonds authorized under 30.12section 30.13reserve, or other account designated by the commissioner. Money in the account is 30.14appropriated to the commissioner. The commissioner or the owner of 30.15described in section 30.16of bonds for application to the appropriated purposes in the manner provided by order 30.17of the commissioner or in any indenture authorized by order of the commissioner. The 30.18commissioner may establish whatever accounts might be necessary to carry out sections 30.20purposes and from the sources of revenue authorized by sections 30.21116R.15 and provided in an order of the commissioner or an indenture or other agreement 30.22authorized by the commissioner are appropriated for that purpose. 30.23 Sec. 33. Minnesota Statutes 2006, section 116R.12, is amended by adding a subdivision 30.24to read: 30.25 Subd. 4. Approval. The approval of the commissioner is not required if the bond 30.26trustee has taken control of the facility as a result of a default. 30.27 Sec. 34. Minnesota Statutes 2006, section 272.01, subdivision 2, is amended to read: 30.28 Subd. 2. Exempt property used by private entity for profit. (a) When any real or 30.29personal property which is exempt from ad valorem taxes, and taxes in lieu thereof, is 30.30leased, loaned, or otherwise made available and used by a private individual, association, 30.31or corporation in connection with a business conducted for profit, there shall be imposed a 30.32tax, for the privilege of so using or possessing such real or personal property, in the same 30.33amount and to the same extent as though the lessee or user was the owner of such property. 31.1 (b) The tax imposed by this subdivision shall not apply to: 31.2 (1) property leased or used as a concession in or relative to the use in whole 31.3or part of a public park, market, fairgrounds, port authority, economic development 31.4authority established under chapter 469, municipal auditorium, municipal parking facility, 31.5municipal museum, or municipal stadium; 31.6 (2) property of an airport owned by a city, town, county, or group thereof which is: 31.7 (i) leased to or used by any person or entity including a fixed base operator; and 31.8 (ii) used as a hangar for the storage or repair of aircraft or to provide aviation goods, 31.9services, or facilities to the airport or general public; 31.10the exception from taxation provided in this clause does not apply to: 31.11 (i) property located at an airport owned or operated by the Metropolitan Airports 31.12Commission or by a city of over 50,000 population according to the most recent federal 31.13census or such a city's airport authority; or 31.14 (ii) hangars leased by a private individual, association, or corporation in connection 31.15with a business conducted for profit other than an aviation-related business; 31.16 31.17 31.18 31.19 31.20 (3) property constituting or used as a public pedestrian ramp or concourse in 31.21connection with a public airport; 31.22 (4) property constituting or used as a passenger check-in area or ticket sale counter, 31.23boarding area, or luggage claim area in connection with a public airport but not the 31.24airports owned or operated by the Metropolitan Airports Commission or cities of over 31.2550,000 population or an airport authority therein. Real estate owned by a municipality 31.26in connection with the operation of a public airport and leased or used for agricultural 31.27purposes is not exempt; 31.28 (5) property leased, loaned, or otherwise made available to a private individual, 31.29corporation, or association under a cooperative farming agreement made pursuant to 31.30section 31.31 (6) property leased, loaned, or otherwise made available to a private individual, 31.32corporation, or association under section 31.33 (c) Taxes imposed by this subdivision are payable as in the case of personal property 31.34taxes and shall be assessed to the lessees or users of real or personal property in the same 31.35manner as taxes assessed to owners of real or personal property, except that such taxes 31.36shall not become a lien against the property. When due, the taxes shall constitute a debt 32.1due from the lessee or user to the state, township, city, county, and school district for 32.2which the taxes were assessed and shall be collected in the same manner as personal 32.3property taxes. If property subject to the tax imposed by this subdivision is leased or used 32.4jointly by two or more persons, each lessee or user shall be jointly and severally liable for 32.5payment of the tax. 32.6 (d) The tax on real property of the state or any of its political subdivisions that is 32.7leased by a private individual, association, or corporation and becomes taxable under 32.8this subdivision or other provision of law must be assessed and collected as a personal 32.9property assessment. The taxes do not become a lien against the real property. 32.10 Sec. 35. Minnesota Statutes 2006, section 290.06, subdivision 24, is amended to read: 32.11 Subd. 24. Credit for job creation. (a) A corporation that leases and operates 32.12a heavy maintenance base for aircraft that is owned by the state of Minnesota or one 32.13of its political subdivisions 32.14 32.15 (b) For the first taxable year when the facility has been in operation for at least three 32.16consecutive months, the credit is equal to $5,000 multiplied by the number of persons 32.17employed by the corporation on a full-time basis at the facility on the last day of the taxable 32.18year, not to exceed the number of persons employed by the corporation on a full-time basis 32.19at the facility on the date 90 days before the last day of the taxable year. For each of the 32.20succeeding four taxable years, the credit is equal to $5,000 multiplied by the number of 32.21persons employed by the corporation on a full-time basis at the facility on the last day of 32.22the taxable year, not to exceed the number of persons employed by the corporation on a 32.23full-time basis at the facility on the date 90 days before the last day of the taxable year. 32.24 (c) For the first taxable year in which the credit is allowed for the facility, the credit 32.25must not exceed 80 percent of the wages paid to or incurred for persons employed by the 32.26taxpayer at the facility during the taxable year. For the succeeding four taxable years, the 32.27credit must not exceed 20 percent of the wages paid to or incurred for persons employed 32.28by the taxpayer at the facility during the taxable year. For purposes of this section, 32.29"wages" has the meaning given under section 3121(b) of the Internal Revenue Code, 32.30except the limitation to the contribution and benefit base does not apply. 32.31 (d) If the credit provided under this subdivision exceeds the tax liability of the 32.32corporation for the taxable year, the excess amount of the credit may be carried over to 32.33each of the 20 taxable years succeeding the taxable year. The entire amount of the credit 32.34must be carried to the earliest taxable year to which the amount may be carried. The 32.35unused portion of the credit must be carried to the following taxable year. No credit 33.1may be carried to a taxable year more than 20 years after the taxable year in which the 33.2credit was earned. 33.3 (e) If an unused portion of the credit remains at the end of the carryover period under 33.4paragraph (d), the commissioner shall refund the unused portion to the taxpayer. The 33.5provisions of this paragraph do not apply if the corporation that earned the credit under this 33.6subdivision or a successor in interest to the corporation filed for bankruptcy protection. 33.7 Sec. 36. Minnesota Statutes 2006, section 297A.71, subdivision 10, is amended to read: 33.8 Subd. 10. Aircraft heavy maintenance facility. Materials, equipment, and supplies 33.9used or consumed in constructing a heavy maintenance facility for aircraft that is to be 33.10owned by the state of Minnesota or one of its political subdivisions and leased by an airline 33.11company 33.12 33.13equipment, and tools necessary to the construction and equipping of that facility in order 33.14to provide those services are also exempt. 33.15 Sec. 37. Minnesota Statutes 2006, section 360.013, subdivision 39, is amended to read: 33.16 Subd. 39. Airport. "Airport" means any area of land or water, except a restricted 33.17landing area, which is designed for the landing and takeoff of aircraft, whether or not 33.18facilities are provided for the shelter, surfacing, or repair of aircraft, or for receiving or 33.19discharging passengers or cargo, and all appurtenant areas used or suitable for airport 33.20buildings or other airport facilities, 33.21 33.22established. The operation and maintenance of airports is an essential public service. 33.23 Sec. 38. Minnesota Statutes 2006, section 360.032, subdivision 1, is amended to read: 33.24 Subdivision 1. Acquisition. Every municipality is hereby authorized, through its 33.25governing body, to acquire property, real or personal, for the purpose of establishing, 33.26constructing, and enlarging airports and other air navigation facilities and to acquire, 33.27establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports 33.28and other air navigation facilities and structures and other property incidental to their 33.29operation, either within or without the territorial limits of such municipality and within 33.30or without this state; to make, prior to any such acquisition, investigations, surveys, and 33.31plans; to construct, install, and maintain airport facilities for the servicing 33.32aircraft 33.33and accommodation of air travelers; and to purchase and sell equipment and supplies as 34.1an incident to the operation of its airport properties. It may not acquire, or take over any 34.2airport or other air navigation facility owned or controlled by any other municipality of 34.3the state without the consent of such municipality. It may use for airport purposes any 34.4available property that is now or may at any time hereafter be owned or controlled by it. 34.5Such air navigation facilities as are established on airports shall be supplementary to and 34.6coordinated in design and operation with those established and operated by the federal and 34.7state governments. It may assist other municipalities in the construction of approach roads 34.8leading to any airport or restricted landing area owned or controlled by it. 34.9 34.10 34.11 34.12 Sec. 39. Minnesota Statutes 2006, section 360.038, subdivision 4, is amended to read: 34.13 Subd. 4. Leased property. To lease for a term not exceeding 30 years such airports 34.14or other air navigation facilities 34.15 34.16municipal or state government or the national government, or any department of either 34.17thereof, for operation; to lease or assign for a term not exceeding 99 years to private 34.18parties, any municipal or state government, or the national government, or any department 34.19of either thereof, for operation or use consistent with the purposes of sections 34.21other provisions in this subdivision, to lease ground area for a term not exceeding 99 years 34.22to private persons for the construction of structures which in its opinion are essential and 34.23necessary to serve aircraft, persons, and things engaged in or incidental to aeronautics, 34.24including but not limited to shops, hangars, offices, restaurants, hotels, motels, factories, 34.25storage space, and any and all other structures necessary or essential to and consistent with 34.26the purposes of sections 34.27navigation facilities, or real property to any municipal or state government, or to the 34.28United States or any department or instrumentality thereof, for aeronautical purposes 34.29incidental thereto, and to confer the privileges of concessions of supplying upon its 34.30airports goods, commodities, things, services, and facilities; provided that in each case in 34.31so doing the public is not deprived of its rightful, equal, and uniform use thereof. 34.32 Sec. 40. Laws 2005, chapter 20, article 1, section 7, subdivision 21, is amended to read:
35.2Statutes, section 35.33, from willing sellers of private lands within 35.4state park and recreation area boundaries 35.5established by law. 35.6$500,000 is to purchase land within the 35.7boundaries of Greenleaf Lake state park 35.8in Meeker county. The commissioner of 35.9natural resources, in consultation with the 35.10local elected officials and citizens of Meeker 35.11County, shall develop a plan for Greenleaf 35.12Lake State Park. The commissioner shall 35.13submit the plan to the legislative committees 35.14with jurisdiction over state parks and capital 35.15investment by February 1, 2008. 35.16 Sec. 41. Laws 2005, chapter 20, article 1, section 20, subdivision 3, is amended to read:
35.20nonfunctional, or deteriorated facilities and 35.21infrastructure at Department of Human 35.22Services campuses statewide. 35.23(a) Up to $8,600,000 may be used to 35.24predesign, design, construct, furnish, 35.25and equip renovation of existing space 35.26or construction of new space for skilled 35.27nursing home capacity for forensic treatment 35.28programs operated by state-operated services 35.29on the campus of St. Peter Regional 35.30Treatment Center. 35.31(b) $4,000,000 may be used to prepare 35.32and develop a site, including demolition of 35.33buildings and infrastructure, to implement 35.34the redevelopment and reuse of the 36.1Ah-Gwah-Ching Regional Treatment Center 36.2campus. If the property is sold or transferred 36.3to a local unit of government, the unspent 36.4portion of this appropriation may be granted 36.5to the local unit of government that acquires 36.6the campus for the purposes stated in this 36.7subdivision. Notwithstanding Minnesota 36.8Statutes, section 16A.642, this appropriation 36.9and its corresponding bond authorization do 36.10not cancel until June 30, 2010. 36.11(c) $1,000,000 may be used to renovate one 36.12or more buildings for chemical dependency 36.13treatment specializing in methamphetamine 36.14addiction, and demolish buildings, on the 36.15Willmar Regional Treatment Center campus. 36.16If the property is sold or transferred to a local 36.17unit of government, the unspent portion of 36.18this appropriation may be granted to the local 36.19unit of government that acquires the campus 36.20for the purposes stated in this subdivision. 36.21(d) Up to $2,210,000 may be spent by the 36.22commissioner of finance to retire municipal 36.23bonds issued by the city of Fergus Falls and 36.24to retire interfund loans incurred by the city 36.25of Fergus Falls in connection with the waste 36.26incinerator and steam heating facility at the 36.27Fergus Falls Regional Treatment Center. 36.28(e) Up to $400,000 may be used for a grant to 36.29the city of Fergus Falls to demolish the city's 36.30waste-to-energy incineration plant located 36.31on the grounds of the Fergus Falls Regional 36.32Treatment Center. 36.33(f) The provisions, terms, and conditions 36.34of any grant made by the director of the 36.35Office of Environmental Assistance under 37.1Minnesota Statutes, chapter 115A, to the 37.2city of Fergus Falls for the waste incinerator 37.3steam heating facility that supports the 37.4Fergus Falls Regional Treatment Center and 37.5that may come into effect as a result of the 37.6incinerator and facility being closed, are 37.7hereby waived. 37.8 Sec. 42. Laws 2005, chapter 20, article 1, section 23, subdivision 8, is amended to read:
37.12to the Public Facilities Authority for grants 37.13to the 37.14 37.15 37.16 37.17Board to acquire land, predesign, design, 37.18construct, furnish, and equip 37.19water transmission and storage facilities 37.20 37.21Lewis and Clark Rural Water System, Inc. 37.22that will serve southwestern Minnesota. 37.23 37.24Rural Water System, Inc., must be 37.25 37.26Joint Powers Board. 37.27This appropriation is available only to the 37.28extent that each $1 of state money is matched 37.29by at least $1 of local money paid to the 37.30Lewis and Clark Rural Water System, Inc. 37.31 37.32 37.33This appropriation is the first phase of the 37.34state share for the Lewis and Clark Rural 38.1Water System, Inc. project as defined in the 38.2federal Lewis and Clark Rural Water System 38.3Act of 2000. 38.4 Sec. 43. Laws 2005, chapter 20, article 1, section 23, subdivision 16, is amended to 38.5read:
38.9Hennepin County to complete design and 38.10to construct, furnish, and equip a new 38.11Minnesota planetarium and space discovery 38.12center in conjunction with the Minneapolis 38.13downtown library.
38.1631, 2004, in the appropriation made by 38.17Laws 2000, chapter 492, article 1, section 38.1822, subdivision 10, for a grant to the city of 38.19Minneapolis, may be used by the city for 38.20improvements to the Heritage Park project.
38.23predesign and design and provide for related 38.24capital costs for an associated atrium to 38.25create the Minnesota Shubert Center. 38.26EFFECTIVE DATE.This section is effective on the same date as H.F. 1973/S.F. 38.271812, if enacted in the 2007 legislative session. 38.28 Sec. 44. Laws 2006, chapter 258, section 4, subdivision 4, is amended to read:
38.31predesign, design, construct, furnish, and 39.1equip a new facility for the MacPhail Center 39.2for Music. The city of Minneapolis may 39.3enter into a lease or management agreement 39.4to operate the center, subject to Minnesota 39.5Statutes, section 39.6is not available until the commissioner has 39.7determined that not less than $15,000,000 39.8has been committed to the MacPhail Center 39.9for Music from nonstate sources, and that 39.10the available money is sufficient to complete 39.11a functional facility. Money secured before 39.12the effective date of this section may count 39.13toward the required commitment of nonstate 39.14sources, provided it is used for qualified 39.15capital expenditures. Any land acquisition 39.16costs paid by MacPhail Center for Music 39.17qualify as capital expenditures. 39.18(b) The city of Minneapolis may provide 39.19money to predesign, design, construct, 39.20furnish, and equip a center for music 39.21education, including classrooms and a 39.22recital hall in the city of Minneapolis, 39.23to provide a facility for education of 39.24students, music therapy programs for 39.25persons with disabilities, music teacher 39.26training opportunities, curriculum and 39.27program development, and to provide the 39.28programming in public and private schools 39.29and in partnership with other organizations 39.30throughout the state. 39.31(c) The required demonstration of a 39.32commitment of funds from nonstate sources 39.33has been met by cash, prepaid qualified 39.34expenses, and private multiyear pledges that 39.35have been converted into cash through bond 39.36financing and a letter of credit secured by 40.1a mortgage lien on the state bond financed 40.2property. The $5,000,000 construction grant 40.3shall be disbursed without requirement that 40.4the mortgage lien be released. 40.5(d) The commissioners of education and 40.6finance shall agree to a provision in the 40.7ground lease that permits the city of 40.8Minneapolis to purchase for fair market 40.9value, as that term is defined in Minnesota 40.10Statutes, section 16A.695, subdivision 1, 40.11paragraph (d), the interest of the operating 40.12lease lessee in the state bond financed 40.13property (based on investment in land 40.14and capital improvements) in the event of 40.15nonrenewal of the operating lease at the time 40.16of nonrenewal without requirement of a prior 40.17escrow for funds by the city of Minneapolis. 40.18EFFECTIVE DATE.This section is effective retroactively from June 2, 2006. 40.19 Sec. 45. Laws 2006, chapter 258, section 7, subdivision 11, is amended to read:
40.22structures used to manage shallow lakes and 40.23wetlands for waterfowl habitat on wildlife 40.24management areas under Minnesota Statutes, 40.25section 40.26purposes of public water reserves under 40.27Minnesota Statutes, section 97A.101. 40.28 Sec. 46. Laws 2006, chapter 258, section 21, subdivision 6, is amended to read:
40.31under Minnesota Statutes, section 41.1$800,000 is for a grant to the city of 41.2Worthington to remediate contaminated 41.3soil and redevelop the site of the former 41.4Campbell Soup factory. This grant is exempt 41.5from the requirements of Minnesota Statutes, 41.6sections 116J.572 to 116J.575. 41.7$250,000 is for a grant to the city of 41.8Winona to predesign facilities for the 41.9Shakespeare Festival as part of the riverfront 41.10redevelopment plan. This grant is exempt 41.11from the requirements of Minnesota Statutes, 41.12sections 41.13 Sec. 47. Laws 2006, chapter 258, section 21, subdivision 15, is amended to read:
41.17to the Public Facilities Authority for grants 41.18to the 41.19 41.20 41.21 41.22Board to acquire land, predesign, design, 41.23construct, furnish, and equip 41.24water transmission and storage facilities 41.25 41.26Lewis and Clark Rural Water System, Inc. 41.27that will serve southwestern Minnesota. 41.28 41.29Rural Water System, Inc., must be 41.30 41.31Joint Powers Board. 41.32This appropriation is available to the extent 41.33that each $1 of state money is matched by at 41.34least $1 of local money paid to the Lewis and 42.1Clark Rural Water System, Inc. 42.2 42.3 42.4 Sec. 48. REPORT ON EAST PHILLIPS CULTURAL AND COMMUNITY 42.5CENTER. 42.6 The Metropolitan Council shall report by January 1, 2008, to the legislative 42.7committees with jurisdiction over capital investment on the terms of the grant agreement 42.8and progress on design and construction of the East Phillips Cultural and Community 42.9Center by the Minneapolis Park and Recreation Board with the appropriation in Laws 42.102006, chapter 258, section 17, subdivision 8. 42.11 Sec. 49. PUBLIC FACILITIES AUTHORITY FUNDING. 42.12 To the greatest practical extent, projects on the Public Facilities Authority's 2007 42.13intended use plan, the listings for which were based on the Pollution Control Agency's 42.142006 project priority list, shall be carried over to the 2008 intended use plan. Projects that 42.15qualified for funding from the Public Facilities Authority under Laws 2006, chapter 258, 42.16section 21, that could not be certified by the Pollution Control Agency by the applicable 42.17deadline shall have until May 1, 2008, or six months after the Minnesota Supreme Court 42.18issues an opinion in the cities of Maple Lake and Annandale matter, whichever is later, to 42.19obtain the required certification from the Pollution Control Agency. 42.20 Sec. 50. REVISOR'S INSTRUCTION. 42.21 The revisor of statutes shall change "116R.01 to 116R.16" to "116R.01 to 116R.15" 42.22wherever it appears in Minnesota Statutes. 42.23 Sec. 51. REPEALER. 42.24Minnesota Statutes 2006, sections 116R.02, subdivisions 3, 6, 7, and 9; and 116R.16, 42.25are repealed. 42.26 Sec. 52. EFFECTIVE DATE. 42.27 Except as otherwise provided, this act is effective the day following final enactment.
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