SF 1021

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/22/2013 09:02am

A bill for an act
relating to natural resources; creating the Greater Minnesota Regional Parks
and Trails Commission; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 85.

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

Section 1.

new text begin [85.536] GREATER MINNESOTA REGIONAL PARKS AND TRAILS
COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Greater Minnesota Regional Parks and
Trails Commission is created to undertake system planning and provide recommendations
to the legislature for grants funded by the parks and trails fund to counties and cities
outside of the seven-county metropolitan area for parks and trails of regional significance.
new text end

new text begin Subd. 2. new text end

new text begin Commission. new text end

new text begin The commission shall include 13 members appointed by the
governor with two members from each of the regional parks and trails districts determined
under subdivision 5, and one member at large. Membership terms, compensation, and
removal of members and filling of vacancies are as provided in section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin First appointments. new text end

new text begin The governor shall make the first appointment by
June 15, 2013. The governor shall designate six of the first appointees to terms ending on
the first Monday in January 2015, and the remainder of the first appointees shall serve
terms ending the first Monday in January 2016.
new text end

new text begin Subd. 4. new text end

new text begin First meeting. new text end

new text begin The governor or his designee shall convene the first
meeting of the commission by July 15, 2013, and shall act as chair until the commission
elects a chair. The commission shall elect a chair at its first meeting.
new text end

new text begin Subd. 5. new text end

new text begin Districts; plans and hearings. new text end

new text begin (a) The commissioner of natural resources,
in consultation with the Greater Minnesota Regional Parks and Trails Coalition, shall
establish six regional parks and trails districts in the state encompassing the area outside
the seven-county metropolitan area. The commissioner shall establish districts by
combining counties and may not assign a county to more than one district.
new text end

new text begin (b) Counties within each district may jointly prepare, after consultation with all
affected municipalities, and submit to the commission, and from time to time revise and
resubmit to the commission, a master plan for the acquisition and development of parks
and trails of regional significance located within the district. District-wide plans and
master plans for individual parks and trails must meet the protocols and criteria as set
forth in the Greater Minnesota Regional Parks and Trails strategic plan. The counties,
after consultation with the commission, shall jointly hold a public hearing on the proposed
plan and budget at a time and place determined by the counties. Not less than 15 days
before the hearing, the counties shall provide notice of the hearing stating the date, time,
and place of the hearing, and the place where the proposed plan and budget may be
examined by any interested person. At any hearing interested persons shall be permitted to
present their views on the plan and budget.
new text end

new text begin (c) The commission shall review each master plan to determine whether it meets
the conditions of subdivision 6. If it does not, the commission shall return the plan with
its comments to the district for revision and resubmittal.
new text end

new text begin Subd. 6. new text end

new text begin Regional or statewide significance. new text end

new text begin For a park or trail to be considered
of regional or statewide significance under this section:
new text end

new text begin (1) the park or trail must be natural resource based;
new text end

new text begin (2) at least ... percent of the park or trail user visits in a calendar year must be from
users who do not reside within the area of jurisdiction of the governmental unit that has
the financial and legal responsibility to own, operate, and maintain the park or trail; and
new text end

new text begin (3) the total usage of the park or trail must exceed ....... visitors in a one-year period.
Park or trail attendance may be demonstrated by validated survey methods, actual user data
statistics, or another objective and quantifiable measure that is accurate and reliable; and
new text end

new text begin (4) for parks, the park must be: at least 100 acres in size; contain unique or unusual
landscape features; or contain an historically or culturally significant site.
new text end

new text begin Subd. 7. new text end

new text begin Recommendations. new text end

new text begin (a) In recommending grants under this section, the
commission shall make recommendations consistent with master plans.
new text end

new text begin (b) The commission shall determine recommended grant amounts through an
adopted merit-based evaluation process that includes the level of local financial support.
The evaluation process is not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
new text end

new text begin (c) When recommending grants, the commission shall consider balance of the grant
benefits across greater Minnesota.
new text end

new text begin (d) Grants may be recommended only for parks and trails included in a plan
approved by the commission under subdivision 5.
new text end

new text begin Subd. 8. new text end

new text begin Chair. new text end

new text begin The commission shall annually elect from among its members a
chair and other officers necessary for the performance of its duties.
new text end

new text begin Subd. 9. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at least twice each year.
Commission meetings are subject to chapter 13D.
new text end

new text begin Subd. 10. new text end

new text begin Report. new text end

new text begin The commission shall submit a report by January 15 each
year listing its recommendations under subdivision 7 to the chairs and ranking minority
members of the committees of the senate and house of representatives with primary
jurisdiction over legacy appropriations.
new text end

new text begin Subd. 11. new text end

new text begin Conflict of interest. new text end

new text begin A member of the commission may not participate in
or vote on a decision of the commission relating to an organization in which the member
has either a direct or indirect financial interest.
new text end

new text begin Subd. 12. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "commission" means the
Greater Minnesota Regional Parks and Trails Commission established under this section.
new text end

new text begin Subd. 13. new text end

new text begin Sunset. new text end

new text begin The commission shall sunset January 1, 2020.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2014 and $....... in fiscal year 2015 from the parks and trails fund
are appropriated to the commissioner of natural resources to contract with the Greater
Minnesota Regional Parks and Trails Commission for the purposes of Minnesota Statutes,
section 85.536, subdivision 3. Of this amount, not more than 2.5 percent each year may
be used to develop the park and trails plan under Minnesota Statutes, section 85.536,
subdivision 3, clause (1). The appropriation must be made directly to the commission
after fiscal year 2015.
new text end