Subdivision 1. Standards. (a) Article XI, section 5, clause (a), of the constitution requires that state general obligation bonds be issued to finance only the acquisition or betterment of public land, buildings, and other public improvements of a capital nature. Money appropriated for asset preservation, whether from state bond proceeds or from other revenue, is subject to the following additional limitations:
(b) An appropriation for asset preservation may not be used to acquire new land nor to acquire or construct new buildings, additions to buildings, or major new improvements.
(c) An appropriation for asset preservation may be used only for a capital expenditure on a capital asset previously owned by the state, within the meaning of generally accepted accounting principles as applied to public expenditures. The commissioner of administration will consult with the commissioner of management and budget to the extent necessary to ensure this and will furnish the commissioner of management and budget a list of projects to be financed from the account in order of their priority. The legislature assumes that many projects for preservation and replacement of portions of existing capital assets will constitute betterments and capital improvements within the meaning of the constitution and capital expenditures under generally accepted accounting principles, and will be financed more efficiently and economically under this section than by direct appropriations for specific projects.
(d) Categories of projects considered likely to be most needed and appropriate for asset preservation appropriations are the following:
(1) projects to remove life safety hazards, like building code violations or structural defects. Notwithstanding paragraph (b), a project in this category may include an addition to an existing building if it is a required component of the hazard removal project;
(2) projects to eliminate or contain hazardous substances like asbestos or lead paint;
(3) major projects to replace or repair roofs, windows, tuckpointing, mechanical or electrical systems, utility infrastructure, tunnels, site renovations necessary to support building use, and structural components necessary to preserve the exterior and interior of existing buildings; and
(4) projects to renovate parking structures.
(e) Up to ten percent of an appropriation subject to this section may be used for design costs for projects eligible to be funded under this section in anticipation of future asset preservation appropriations.
Subd. 2. Report. By January 15 of each year, the commissioner of an agency that has received an appropriation for asset preservation shall submit to the commissioner of management and budget, the chairs of the legislative committees or divisions that currently oversee the appropriations to the agency, and to the chairs of the senate and house of representatives Capital Investment Committees, a list of the projects that have been funded with money under this program during the preceding calendar year, as well as a list of those priority asset preservation projects for which state bond proceeds fund appropriations will be sought during that year's legislative session.
2006 c 258 s 30; 2009 c 101 art 2 s 109
Structure Minnesota Statutes
Chapters 16A - 16E — Administration And Finance
Chapter 16B — Department Of Administration
Section 16B.02 — Department Of Administration.
Section 16B.03 — Appointments.
Section 16B.05 — Delegation By Commissioner.
Section 16B.052 — Authority To Transfer Funds.
Section 16B.054 — Developmental Disabilities.
Section 16B.055 — Lead Agency.
Section 16B.24 — General Authority.
Section 16B.2405 — Capitol Building Powers And Duties.
Section 16B.2406 — Capitol Area Building Account To Address Health, Life Safety, And Security Needs.
Section 16B.241 — Coordinated Facility Planning.
Section 16B.242 — Enterprise Real Property Account.
Section 16B.2421 — Bird-safe Buildings.
Section 16B.245 — Inventory Of State-owned Land.
Section 16B.25 — Lost Property On State Lands.
Section 16B.26 — Utility Companies, Permits To Cross State-owned Lands.
Section 16B.27 — Governor's Residence.
Section 16B.275 — Capitol Area Cafeterias.
Section 16B.276 — Capitol Flag Program.
Section 16B.281 — Sale And Disposition Of Surplus State-owned Land.
Section 16B.282 — Surveys, Appraisals, And Sale.
Section 16B.283 — Terms Of Payment.
Section 16B.284 — Quitclaim Deed.
Section 16B.286 — Reservation Of Minerals.
Section 16B.287 — Disposition Of Proceeds From Surplus State-owned Land.
Section 16B.296 — Transfer Of Real Property.
Section 16B.297 — Acquisition Of Real Property.
Section 16B.2975 — Surplus Property Acquisition, Distribution, And Disposal.
Section 16B.298 — Surplus Property.
Section 16B.30 — General Authority.
Section 16B.305 — Capital Budget Requests.
Section 16B.307 — Asset Preservation Appropriations.
Section 16B.31 — Commissioner Must Approve Plans.
Section 16B.321 — Definitions.
Section 16B.322 — State Energy Improvement Financing Program.
Section 16B.323 — Solar Energy In State Buildings.
Section 16B.325 — Sustainable Building Guidelines.
Section 16B.326 — Heating And Cooling Systems; State-funded Buildings.
Section 16B.327 — Recycling Construction And Demolition Waste From State Buildings; Requirement.
Section 16B.328 — Outdoor Lighting Fixtures Model Ordinance.
Section 16B.33 — Designer Selection Board.
Section 16B.335 — Review Of Plans And Projects.
Section 16B.34 — Inmate Labor.
Section 16B.35 — Art In State Buildings.
Section 16B.355 — Cooperative Local Facilities Grants.
Section 16B.36 — Investigations.
Section 16B.37 — Reorganization Of Agencies.
Section 16B.371 — Assistance To Small Agencies.
Section 16B.38 — Dissolved Or Suspended Agencies.
Section 16B.39 — Programs For State Employees.
Section 16B.45 — Function Of Legislative Auditor.
Section 16B.48 — General Services Revolving Funds.
Section 16B.4805 — Accommodation Reimbursement.
Section 16B.481 — Fees For Training And Maintenance.
Section 16B.4821 — Provision Of Materials And Services To Mnscu.
Section 16B.485 — Interfund Loans.
Section 16B.49 — Central Mailing System.
Section 16B.495 — Hazard Identification And Accident Prevention.
Section 16B.51 — Agency Reports.
Section 16B.53 — Sale Of Laws And Resolutions.
Section 16B.531 — Travel Services.
Section 16B.54 — Enterprise Fleet; Establishment.
Section 16B.55 — Use Of State Vehicles; Compensation For Use Of Personal Vehicles.
Section 16B.56 — Commuter Vans; Use By State Employees And Spouses And Others.
Section 16B.57 — Gasoline And Petroleum Products, Source Of Supply For Agencies.
Section 16B.58 — State Parking Facilities.
Section 16B.581 — Distinctive Tax-exempt License Plates.
Section 16B.85 — Risk Management.
Section 16B.86 — State Building Energy Conservation Improvement Revolving Loan Account.
Section 16B.87 — Award And Repayment Of State Building Energy Improvement Conservation Loans.
Section 16B.875 — Review By Commissioner Of Administration.
Section 16B.97 — Grants Management.