SF 1730

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to natural resources; providing for disposition of receipts to the parks
and trails fund; establishing a grant program; appropriating money; amending
Minnesota Statutes 2008, section 85.53; proposing coding for new law in
Minnesota Statutes, chapter 85.

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

Section 1.

Minnesota Statutes 2008, section 85.53, is amended to read:

85.53 PARKS AND TRAILS FUND.

new text begin Subdivision 1. new text end

new text begin Fund established; purpose. new text end

The parks and trails fund is established
in the Minnesota Constitution, article XI, section 15. All money earned by the parks and
trails fund must be credited to the fund. new text begin Money in the account may be spent only to
support parks and trails of regional or statewide significance. Appropriations from the
fund must supplement traditional sources of funding for parks and trails and may not be
used as a substitute.
new text end

new text begin Subd. 2. new text end

new text begin Eligible parks and trails. new text end

new text begin Only state parks under section 85.012;
state trails under section 85.015; metropolitan regional parks and trails that meet the
requirements of section 473.147 and qualify for funding under sections 473.301 to
473.351; and parks and trails that meet the requirements of section 85.535 are eligible
to receive money from the fund.
new text end

new text begin Subd. 3. new text end

new text begin Appropriations. new text end

new text begin Money in the parks and trails fund is annually
appropriated as follows:
new text end

new text begin (1) 45 percent to the commissioner of natural resources for distribution in accordance
with law;
new text end

new text begin (2) 45 percent to the Metropolitan Council for distribution according to subdivision
5; and
new text end

new text begin (3) ten percent to the commissioner of natural resources for grants under section
85.535.
new text end

new text begin Subd. 4. new text end

new text begin Use of funds. new text end

new text begin Money appropriated under subdivision 3 may be used:
new text end

new text begin (1) to provide new or enhanced visitor services and access; increase conservation
education, interpretative services, and outdoors skills training; provide and enhance
community assistance and volunteer coordination; and employ survey, marketing, and
technology enhancements, including Web site enhancements, to target new audiences and
provide new opportunities to engage citizens in order to create accessibility to facilities
and provide personal contact to visitors and potential visitors;
new text end

new text begin (2) to accelerate the management, restoration, and protection of natural landscapes
and resources;
new text end

new text begin (3) to accelerate facility maintenance and rehabilitation; improve energy
conservation by providing infrastructure enhancements; upgrade or renew facilities for
day and overnight use; and enhance energy efficiency in existing facilities, buildings,
equipment, and operations; and
new text end

new text begin (4) to acquire land and develop new facilities.
new text end

new text begin Subd. 5. new text end

new text begin Metropolitan area distribution formula. new text end

new text begin Money appropriated under
subdivision 3 to the Metropolitan Council shall be distributed to implementing agencies,
as defined in section 473.351, subdivision 1, paragraph (a), as grants according to the
following formula:
new text end

new 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;
new text end

new 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;
new text end

new 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
new text end

new text begin (4) 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.
new text end

new text begin Subd. 6. new text end

new text begin Signage. new text end

new text begin Recipients of money from the parks and trails fund must develop
and use appropriate signage and notices to the public that activities or projects funded
under this section are the results of the clean water, land, and legacy amendment to the
Minnesota Constitution adopted by the voters in November 2008.
new text end

new text begin Subd. 7. new text end

new text begin Report required. new text end

new text begin The commissioner of natural resources and the chair of
the Metropolitan Council, with data provided by implementing agencies as defined under
section 473.351, subdivision 1, paragraph (a), must submit a report on the expenditure
and use of money appropriated under subdivision 3 to the legislature by March 1 of each
year. The report must relate the expenditure of money by the categories established under
subdivision 4 and must detail the outcomes in terms of additional use of park or trail
resources, user satisfaction surveys, and other appropriate measurable outcomes.
new text end

Sec. 2.

new text begin [85.535] PARKS AND TRAILS LEGACY GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of natural resources shall
administer a program to provide grants from the parks and trails fund to units of local
government throughout Minnesota for acquisition of and improvements to public lands to
support parks and trails of regional or statewide significance.
new text end

new text begin Subd. 2. new text end

new text begin Statewide or regional significance; eligibility requirements. new text end

new text begin (a) For a
park or trail to be considered of statewide or regional significance under this section, at
least 30 percent of the park or trail user visits in a calendar year must be users who do
not live in the corporate area of the governmental unit that has the financial and legal
responsibility to own, operate, and maintain the park or trail and the total usage of the
park or trail must exceed 30,000 visitors in a one-year period. Park or trail user visitorship
can be demonstrated by validated survey methods, actual user data statistics, or another
objective and quantifiable measure that is accurate and reliable.
new text end

new text begin (b) To be eligible for a grant under this section, a park must be composed of at least
100 acres of contiguous land or be of such special and unique character and importance
that the site is of unquestionable state and regional significance. In the case of a proposed
acquisition of a new park facility, the grant applicant must conclusively demonstrate that
the park, once acquired and developed, will meet the criteria of this subdivision.
new text end

new text begin (c) To be eligible for a grant under this section, an applicant for a trail grant must
demonstrate that the trail connects or will connect to existing state or metropolitan trails.
new text end

new text begin (d) Upon receipt and verification of the user data and the required land acreage or
trail connectivity information presented by the applicant, the commissioner shall issue
a finding and determination that a park or trail is of statewide or regional significance,
publish the finding and determination in the State Register, and report the same to the
legislature by January 15 of each year.
new text end

new text begin Subd. 3. new text end

new text begin Matching requirements. new text end

new text begin Recipients of grants under subdivision 1
must provide a nonstate match of at least 25 percent of total eligible project costs. The
commissioner shall make payment to a grant recipient upon receiving documentation
of reimbursable matching expenditures.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The commissioner may use up to two and one-half
percent of the money appropriated under section 85.53, subdivision 3, clause (3), for
administration of grants, including expenses related to gathering public input for grant
criteria and priorities. Each grant recipient shall submit a report to the commissioner on the
expenditure of money received under this section. The report shall be in a form prescribed
by the commissioner and must detail outcomes in terms of additional use of park or trail
resources, user satisfaction surveys, and other appropriate measurable outcomes.
new text end

new text begin Subd. 5. new text end

new text begin Equitable distribution. new text end

new text begin The commissioner shall award grants under this
section equitably and fairly throughout all areas of the state. The commissioner shall
report to the legislature annually on the grants made under this section and their equitable
distribution.
new text end

Sec. 3. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2010 and $....... in fiscal year 2011 are appropriated from the
parks and trails fund to the commissioner of natural resources for the purposes specified in
Minnesota Statutes, section 85.53, subdivision 4.
new text end

new text begin (b) $....... in fiscal year 2010 and $....... in fiscal year 2011 are appropriated from
the parks and trails fund to the Metropolitan Council for purposes of Minnesota Statutes,
section 85.53, subdivision 4.
new text end

new text begin (c) $....... in fiscal year 2010 and $...... in fiscal year 2011 are appropriated from the
parks and trails fund to the commissioner of natural resources for purposes of Minnesota
Statutes, section 85.535.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2009, and expire June 30, 2012.
new text end