HF 1429

as introduced - 87th Legislature (2011 - 2012) Posted on 04/11/2011 09:45am

A bill for an act
relating to transportation; establishing and appropriating money for a safe routes
to school program; authorizing the sale and issuance of state bonds; proposing
coding for new law in Minnesota Statutes, chapter 174.

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

Section 1.

new text begin [174.40] SAFE ROUTES TO SCHOOL PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Bond eligible cost" means expenditures under this section for acquisition of
land or permanent easements, predesign, design, preliminary and final engineering,
environmental analysis, construction, and reconstruction of publicly owned infrastructure
in this state with a useful life of at least ten years that provides for nonmotorized
transportation to and from public schools; preparation of land for which a route to school
is established, including demolition of structures and remediation of any hazardous
conditions on the land; and the unpaid principal on debt issued by a political subdivision
for a safe routes to school project.
new text end

new text begin (c) "Federal program" means the safe routes to school program under Title I, section
1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) of 2005, Public Law 109-59.
new text end

new text begin (d) "School" means a public school, as defined in section 120A.05, subdivisions 9,
11, 13, and 17, and a charter school operated under section 124D.10.
new text end

new text begin Subd. 2. new text end

new text begin Program creation. new text end

new text begin (a) A safe routes to school program is established
to provide assistance in capital investments for safe and appealing nonmotorized
transportation to and from a school. The commissioner shall develop and implement the
safe routes to school program as provided in this section. Financial assistance under
this section is to supplement or replace aid for infrastructure projects under the federal
program.
new text end

new text begin (b) The commissioner may provide grants or other financial assistance for a safe
routes to school project at the commissioner's discretion, subject to the requirements
of this section.
new text end

new text begin Subd. 3. new text end

new text begin Safe routes to school accounts. new text end

new text begin (a) A safe routes to school account is
established in the bond proceeds fund. The account consists of state bond proceeds
appropriated to the commissioner. Money in the account may only be expended on
bond-eligible costs of a project receiving financial assistance as provided under this
section. All uses of funds from the account must be for publicly owned property.
new text end

new text begin (b) A safe routes to school account is established in the general fund. The account
consists of funds as provided by law, and any other money donated, allotted, transferred,
or otherwise provided to the account. Money in the account may only be expended on a
project receiving financial assistance as provided under this section.
new text end

new text begin Subd. 4. new text end

new text begin State general obligation bond funds. new text end

new text begin Minnesota Constitution, article XI,
section 5, clause (a), 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. The legislature has determined that many school transportation
infrastructure projects will constitute betterments and capital improvements within the
meaning of the Minnesota 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.
new text end

new text begin Subd. 5. new text end

new text begin Program administration. new text end

new text begin (a) The commissioner shall establish general
program requirements and a competitive process for financial assistance, including but
not limited to eligibility requirements for grant recipients and projects; procedures for
solicitation of grants; application requirements; procedures for payment of financial
assistance awards; and a schedule for application, evaluation, and award of financial
assistance.
new text end

new text begin (b) An application must include:
new text end

new text begin (1) a detailed and specific description of the project;
new text end

new text begin (2) an estimate, along with necessary supporting evidence, of the total costs for the
project and the allocation of identified and proposed funding sources for the project;
new text end

new text begin (3) an assessment of the need for and benefits of the project;
new text end

new text begin (4) a resolution adopted by the school board of the school for which a safe routes
to school grant is requested, certifying that (i) the school board supports the project, and
(ii) funds, if any, required to be supplied by the school district to complete the project are
available and committed;
new text end

new text begin (5) a timeline indicating the major milestones of the project and their anticipated
completion dates; and
new text end

new text begin (6) any additional information or material the commissioner prescribes.
new text end

new text begin (c) The commissioner shall make reasonable efforts to (1) publicize each solicitation
for applications among all eligible recipients, and (2) provide technical and informational
assistance in creating and submitting applications.
new text end

new text begin (d) By January 1, 2013, the commissioner of transportation shall publish and
maintain a manual on the safe routes to school program that assists applicants for and
recipients of financial assistance. The manual must include identification of eligibility
and general program requirements, explanation of the application process, and review of
criteria for evaluation of projects.
new text end

new text begin Subd. 6. new text end

new text begin Evaluation criteria. new text end

new text begin The commissioner shall establish criteria for
evaluation of applications and selection of projects. The criteria must include:
new text end

new text begin (1) establishment or capital improvement of transportation infrastructure that
improves safety and encourages nonmotorized transportation to and from a school;
new text end

new text begin (2) compliance with all applicable requirements for capital infrastructure projects
established by the Federal Highway Administration, U.S. Department of Transportation,
for the federal program; and
new text end

new text begin (3) other components as determined by the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Grant cancellation. new text end

new text begin If, five years after execution of a grant agreement,
the commissioner determines that the grantee has not proceeded in a timely manner
with implementation of the project funded, the commissioner must cancel the grant
and the grantee must repay to the commissioner all grant money paid to the grantee.
Section 16A.642 applies to any appropriations made from the bond proceeds fund to the
commissioner under this section that have not been awarded as financial assistance.
new text end

new text begin Subd. 8. new text end

new text begin Legislative report. new text end

new text begin By November 1 annually, the commissioner shall
submit a report on the safe routes to school program to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
transportation policy and finance. The report must at a minimum:
new text end

new text begin (1) summarize program implementation;
new text end

new text begin (2) provide an overview of grant evaluation and criteria used in project selection;
new text end

new text begin (3) provide a brief description of each project funded in the previous fiscal year,
including the amount of money provided from each safe routes to school account under
this section and the amount provided under the federal program;
new text end

new text begin (4) summarize the status of the federal program or successor legislation; and
new text end

new text begin (5) identify any recommendations for legislative changes, including proposals to
improve program effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin GENERAL OBLIGATION BONDS; SAFE ROUTES TO SCHOOL.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $3,000,000 is appropriated from the bond proceeds
fund to the commissioner of transportation for grants under the safe routes to school
program in Minnesota Statutes, section 174.40.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in subdivision 1 from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $3,000,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end