Minnesota Legislature
SF 2404
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/11/2023 05:10pm
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A bill for an act
relating to natural resources; proposing an amendment to the Minnesota
Constitution, article XI, section 14; providing for the renewal of the environment
and natural resources trust fund; establishing the environment and natural resources
trust fund community grant program; appropriating money; amending Minnesota
Statutes 2022, section 349A.08, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapter 116P; proposing coding for new law as Minnesota
Statutes, chapter 116X.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CONSTITUTIONAL AMENDMENT
Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end
new text begin
An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article XI, section 14, will read:
new text end
Sec. 14.
A permanent environment and natural resources trust fund is established in the
state treasury. deleted text begin Loans may be made of up to five percent of the principal of the fund for water
system improvements as provided by law.deleted text end The assets of the fund shall be appropriated by
law for the public purpose of protection, conservation, preservation, and enhancement of
the state's air, water, land, fish, wildlife, and other natural resources. new text begin The assets of the fund
shall not be used to pay the principal or interest of any bonds. The assets of the fund shall
not be used to pay for any costs related to the construction, repair, improvement, or operation
of any facility or system that processes wastewater, but may be used to pay for research
related to wastewater. new text end The amount appropriated each year of a biennium, commencing on
July 1 in each odd-numbered year and ending on and including June 30 in the next
odd-numbered year, may be up to deleted text begin 5-1/2deleted text end new text begin sevennew text end percent of the market value of the fund on
June 30 one year before the start of the biennium. Not less than deleted text begin 40deleted text end new text begin 50new text end percent of the net
proceeds from any state-operated lottery must be credited to the fund deleted text begin until the year 2025deleted text end .
Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end
new text begin
(a) The proposed amendment must be submitted to the people at the 2024 general election.
The question submitted must be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to protect drinking water sources; protect
the water quality of lakes, rivers, and streams; and protect forests to improve air quality,
wildlife habitat, natural areas, parks, and trails by extending the transfer of proceeds from
the state-operated lottery to the environment and natural resources trust fund, to increase
the portion of lottery proceeds transferred to the fund from the lottery from 40 to 50 percent,
and to limit the uses of trust fund money?
new text end
|
new text begin
Yes
.
new text end |
||
|
new text begin
No
.
new text end |
new text begin
" new text end |
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(b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the
question submitted to the people under paragraph (a) shall be: "Environment and Natural
Resources Trust Fund Renewal."
new text end
ARTICLE 2
STATUTORY CHANGES
Section 1.
new text begin
[116P.011] CHAPTER DOES NOT APPLY TO CERTAIN
APPROPRIATIONS.
new text end
new text begin
This chapter does not apply to appropriations from the environment and natural resources
trust fund under section 116X.03 or to projects funded with those appropriations.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
If the constitutional amendment in article 1, section 1, of this act
is approved by the voters at the 2024 general election, this section is effective January 1,
2025.
new text end
Sec. 2.
new text begin
[116X.01] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Advisory council. new text end
new text begin
"Advisory council" means the council created under section
116X.05.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of natural resources.
new text end
new text begin Subd. 4. new text end
new text begin Grant program. new text end
new text begin
"Grant program" means the program established under section
116X.03.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the date following the day on which the
constitutional amendment in article 1, section 1, of this act is approved by the voters at the
2024 general election.
new text end
Sec. 3.
new text begin
[116X.03] ENVIRONMENT AND NATURAL RESOURCES TRUST FUND
COMMUNITY GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish the environment and
natural resources trust fund community grant program for the benefit of current residents
and future generations. The commissioner must make awards under the program to partner
organizations that will select and fund projects that are eligible to be funded under the terms
of the Minnesota Constitution, article XI, section 14, but have not traditionally been funded
from that source.
new text end
new text begin Subd. 2. new text end
new text begin Priority. new text end
new text begin
In awarding grants under this section, the commissioner must give
priority to awarding grants to partner organizations that will fund projects that will:
new text end
new text begin
(1) be undertaken in census tracts that are overburdened or underserved, including
communities disproportionately affected by agriculture loss, building loss, wildfire risk,
low incomes, high energy costs, rates of asthma, rates of diabetes, rates of heart disease,
low life expectancy, high housing costs, lack of green space, lack of indoor plumbing,
presence of lead paint, proximity to hazardous waste and related facilities, particulate matter
exposure, linguistic isolation, or unemployment; and
new text end
new text begin
(2) provide multiple public benefits.
new text end
new text begin Subd. 3. new text end
new text begin Appropriation. new text end
new text begin
Each year of a biennium, commencing on July 1 in each
odd-numbered year and ending on and including June 30 in the next odd-numbered year,
1.5 percent of the market value of the environment and natural resources trust fund on June
30 one year before the start of the biennium is appropriated to the commissioner of natural
resources to provide grants under the grant program.
new text end
new text begin Subd. 4. new text end
new text begin Administrative expenses. new text end
new text begin
No more than four percent of a grant made under
the grant program may be used by the partner organization for administration and monitoring
of the grant.
new text end
new text begin Subd. 5. new text end
new text begin Improper expenditure of funds. new text end
new text begin
The commissioner may require a recipient
of a grant under this section to return all money awarded to the recipient if the recipient
does not use the money to complete the project in accordance with the applicable agreement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
If the constitutional amendment in article 1, section 1, of this act
is approved by the voters at the 2024 general election, this section is effective January 1,
2025.
new text end
Sec. 4.
new text begin
[116X.05] ENVIRONMENT AND NATURAL RESOURCES TRUST FUND
COMMUNITY GRANT ADVISORY COUNCIL; REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of natural resources must establish
an Environment and Natural Resources Trust Fund Community Grant Advisory Council.
new text end
new text begin Subd. 2. new text end
new text begin Membership; terms. new text end
new text begin
(a) The commissioner, in consultation with the
commissioner of health, must appoint 11 residents of Minnesota to the advisory council as
follows:
new text end
new text begin
(1) three members who reside in and represent various genders, ethnicities, ages, and
other demographics from rural communities in Minnesota;
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new text begin
(2) three members who reside in and represent various genders, ethnicities, ages, and
other demographics from urban or suburban communities in Minnesota;
new text end
new text begin
(3) two members who are members of the Ojibwe Tribe;
new text end
new text begin
(4) two members who are members of the Dakota Tribe; and
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new text begin
(5) one member who identifies as Black or African American, Hispanic or Latino, Asian,
or Pacific Islander or as a member of a community of color.
new text end
new text begin
(b) In addition to the members appointed under paragraph (a), the commissioner, in
consultation with the commissioner of health, may appoint up to eight additional residents
of Minnesota to the advisory council when, in the commissioner's discretion, it is necessary
in order to ensure that the advisory council is sufficiently representative of various Minnesota
communities.
new text end
new text begin
(c) The membership appointed under paragraphs (a) and (b) must include persons who:
new text end
new text begin
(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources, including expertise in understanding the cultural context in
which these activities are undertaken from the perspective of Tribal communities;
new text end
new text begin
(2) have strong knowledge of the state's environment and natural resource issues around
the state, including those that are of particular importance to Tribal communities; and
new text end
new text begin
(3) have demonstrated the ability to work in a collaborative environment.
new text end
new text begin
(d) Members shall serve staggered three-year terms, beginning in January of the first
year and continuing through the end of December of the final year. Members continue to
serve until their replacement is named. Initial appointees may be appointed to terms of less
than three years in order to establish a structure of staggered terms.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The advisory council must:
new text end
new text begin
(1) advise the commissioner on the development of criteria, forms, applications, and
reporting for grants awarded under the grant program created in section 116X.03;
new text end
new text begin
(2) review proposed grant program policies and budgets for the coming year;
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new text begin
(3) propose changes to the grant program as needed;
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new text begin
(4) review other relevant information;
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new text begin
(5) make recommendations to the legislature and the commissioner for improvements
in the management of the grant program; and
new text end
new text begin
(6) review and advise on partner organization eligibility.
new text end
new text begin
(b) The commissioner must provide the council with the information required to perform
its duties under this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Per diem. new text end
new text begin
Members of the council are entitled to per diem and reimbursement
for expenses incurred in the services of the commission, as provided in section 15.059,
subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin Reporting. new text end
new text begin
(a) By October 1 each year, a partner organization that receives a
grant under this section must report to the commissioner and the advisory council on the
use of the grant money during the previous fiscal year. The report must include information
about projects funded with the grant, the purpose and amount funded for each project, and
the amount of administrative expenses for each project.
new text end
new text begin
(b) By February 1 each year, the commissioner must report to the chairs and ranking
minority members of the house of representatives and senate committees and divisions with
jurisdiction over the environment and natural resources on the activities of the grant program
during the previous fiscal year. The report must summarize the information received under
paragraph (a) and must present additional relevant information about the functioning and
outcomes of the program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the date following the day on which the
constitutional amendment in article 1, section 1, of this act is approved by the voters at the
2024 general election.
new text end
Sec. 5.
Minnesota Statutes 2022, section 349A.08, subdivision 5, is amended to read:
Subd. 5.
Payment; unclaimed prizes.
A prize in the state lottery must be claimed by
the winner within one year of the date of the drawing at which the prize was awarded or
the last day sales were authorized for a game where a prize was determined in a manner
other than by means of a drawing. If a valid claim is not made for a prize payable directly
by the lottery by the end of this period, the prize money is considered unclaimed and the
winner of the prize shall have no further claim to the prize. A prize won by a person who
purchased the winning ticket in violation of section 349A.12, subdivision 1, or won by a
person ineligible to be awarded a prize under subdivision 7 must be treated as an unclaimed
prize under this section. The director must transfer all unclaimed prize money at the end of
each fiscal year from the lottery cash flow account to the deleted text begin generaldeleted text end new text begin environment and natural
resources trustnew text end fund.
Sec. 6. new text begin INITIAL REPORTING DATES.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 116X.05, subdivision 5, a partner
organization is not required to submit a report before October 1, 2026, and the commissioner
of natural resources is not required to submit a report before February 1, 2027.
new text end