HF 2703

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:07pm

A bill for an act
relating to legacy; modifying requirements for certain grants from the parks and
trails fund; amending Minnesota Statutes 2018, section 85.53, subdivisions 2, 3,
by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 85.53, subdivision 2, is amended to read:

Subd. 2.

Expenditures; accountability.

(a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to support
parks and trails of regional or statewide significance. A project or program receiving funding
from the parks and trails fund must include measurable outcomes, new text begin as identified in the 25-year
parks and trails legacy plan and new text end as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project or program must be consistent with current
science and incorporate state-of-the-art technology, except when the project or program is
a portrayal or restoration of historical significance.

(b) Money from the parks and trails fund shall be expended to balance the benefits across
all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the parks and trails
fund must compile and submit all information for funded projects or programs, including
the proposed measurable outcomes and all other items required under section 3.303,
subdivision 10, to the Legislative Coordinating Commission as soon as practicable or by
January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating
Commission must post submitted information on the website required under section 3.303,
subdivision 10, as soon as it becomes available.

(d) Grants funded by the parks and trails fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the parks and trails fund may only be spent on projects located in
Minnesota.

(f) When practicable, a direct recipient of an appropriation from the parks and trails fund
shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(g) Future eligibility for money from the parks and trails fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the parks and trails fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the parks and trails fund until the recipient demonstrates compliance
to the legislative auditor.

(h) Any state agency or organization requesting a direct appropriation from the parks
and trails fund must inform the house of representatives and senate committees having
jurisdiction over the parks and trails fund, at the time the request for funding is made,
whether the request is supplanting or is a substitution for any previous funding that was not
from a legacy fund and was used for the same purpose.

Sec. 2.

Minnesota Statutes 2018, section 85.53, subdivision 3, is amended to read:

Subd. 3.

Metropolitan area distribution formula.

Money appropriated from the parks
and trails fund to the Metropolitan Council shall be distributed to implementing agencies deleted text begin ,
as defined in section 473.351, subdivision 1, paragraph (a), deleted text end as grants new text begin based on the
recommendations of the technical peer review committee according to subdivision 6. The
committee must make recommendations on appropriations of money from the parks and
trails fund that are consistent with the constitution and state law new text end according to the following
deleted text begin formula deleted text end :

deleted text begin (1) 45 percent of the money must be disbursed according to the allocation formula in
section 473.351, subdivision 3, to each implementing agency;
deleted text end

deleted text begin (2) 31.5 percent of the money must be distributed based on each implementing agency's
relative share of the most recent estimate of the population of the metropolitan area;
deleted text end

deleted text begin (3) 13.5 percent of the money must be distributed based on each implementing agency's
relative share of nonlocal visits based on the most recent user visitation survey conducted
by the Metropolitan Council; and
deleted text end

new text begin (1) 50 percent of the money must be distributed as grants to implementing agencies to
achieve the outcomes of existing natural resource plans that directly relate to the restoration,
protection, and enhancement of wetlands, prairies, forests, and habitat for fish and wildlife
and that prevent forest fragmentation, encourage forest consolidation, and expand restored
native prairie;
new text end

deleted text begin (4) deleted text end new text begin (2) new text end ten percent of the money must be distributed as grants to implementing agencies
for land acquisition within Metropolitan Council approved regional parks and trails master
plan boundaries under the council's park acquisition opportunity grant program. The
Metropolitan Council must provide a match of $2 of the council's park bonds for every $3
of state funds for the park acquisition opportunity grant program deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) the remaining 40 percent of the money must be distributed as grants to implementing
agencies to achieve the desired outcomes as defined by the 25-year parks and trails legacy
plan; and
new text end

new text begin (4) any money not used must be returned to the fund.
new text end

Sec. 3.

Minnesota Statutes 2018, section 85.53, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Proposal requirements; technical peer review committee. new text end

new text begin (a) Project
proposals must include a stated purpose directly connected to the constitutional mandate of
the parks and trails fund, this chapter, and the natural resources plan under subdivision 3;
a timeline; and potential outcomes to be achieved. All project proposals must be peer
reviewed before receiving an appropriation.
new text end

new text begin (b) The technical peer review committee must be comprised of five members with
backgrounds in conservation biology, Minnesota's ecology, limnology, natural resources,
soil science, or similar expertise and must include one technical representative from the
Board of Water and Soil Resources, one technical representative from the Department of
Natural Resources, one technical expert from the University of Minnesota or the Minnesota
State Colleges and Universities, and two other representatives. Public members appointed
must have practical experience or expertise or demonstrated knowledge in the science,
ecology, policy, or practice of restoring, protecting, and enhancing wetlands, prairies, forests,
and habitat for fish and wildlife. The commissioner may add a technical representative from
a unit of federal or local government. The members of the technical peer review committee
may not be associated with the projects being reviewed, may vary depending upon the
projects being reviewed, and must avoid any potential conflicts of interest.
new text end

new text begin (c) In conducting project proposal reviews, the peer reviewers must:
new text end

new text begin (1) comment on the proposed project and whether the project can be expected to achieve
the natural resource restoration goals of the natural resource restoration plans;
new text end

new text begin (2) comment on the need for additional activities to achieve the goals;
new text end

new text begin (3) provide suggestions as to how the proposed projects could be improved to further
advance natural resource protection, restoration, and enhancement; and
new text end

new text begin (4) recommend projects for funding and report the projects to the legislature.
new text end

new text begin (d) It is a condition of acceptance of money appropriated from the parks and trails fund
that the agency or entity using the appropriation submits an accomplishment plan and final
report to the technical peer review committee. The accomplishment plan must identify the
project manager responsible for expending the appropriation and for the final product. The
accomplishment plan must account for the use of the appropriation and outcomes of the
expenditure in measures of wetlands, prairies, forests, and fish and wildlife habitat restored,
protected, and enhanced. The plan must include an evaluation of results. No money
appropriated from the fund may be expended unless the technical peer review committee
approves the pertinent accomplishment plan.
new text end

new text begin (e) Up to one-tenth of one percent of forecasted receipts from the parks and trails fund
may be used for technical peer review under this section.
new text end