SF 2028

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:33pm

A bill for an act
relating to natural resources; establishing eligibility requirements for parks and
trails funding; establishing priorities for appropriating money from the parks and
trails fund; requiring the development of a statewide parks and trails system
inventory; 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 fund may be spent only to
support parks and trails of regional or statewide significance. All interest earned from the
fund shall remain in the fund. 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 this section are eligible
to receive money from the fund.
new text end

new text begin Subd. 3. new text end

new text begin Distributions. new text end

new text begin Money from the parks and trails fund shall be distributed to
the commissioner of natural resources and the Metropolitan Council to establish grant
programs to provide grants to local units of government throughout the state for the
acquisition of and improvements to public lands to support parks and trails of regional
or statewide significance. A portion of the money shall remain in the fund as a reserve
for special projects of statewide significance. The commissioner of natural resources
and the Metropolitan Council shall establish a separate account for administering grants
with parks and trails fund money. The commissioner and the Metropolitan Council
shall make a proportional geographic distribution of funds that takes into account the
priorities established in subdivision 8. As used in this section, "commissioner" means the
commissioner of natural resources.
new text end

new text begin Subd. 4. new text end

new text begin Regional or statewide significance; eligibility requirements. new text end

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

new text begin (1) at least 30 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 (2) the total usage of the park or trail must exceed 30,000 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.
new text end

new text begin (b) To be eligible for a grant under this section, a park must consist of at least 100
acres of contiguous land or have special and unique characteristics that qualify the site as
having state and regional significance. In the case of a proposed land acquisition for a new
park, the grant applicant must conclusively demonstrate that the land, once acquired and
developed as a park, 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 Subd. 5. new text end

new text begin Matching requirements. new text end

new text begin Recipients of grants under subdivision 3 must
provide a nonstate match of at least 25 percent of the total eligible project costs. The
commissioner and the Metropolitan Council shall make a disbursement to a grant recipient
only upon receiving documentation of reimbursable matching expenditures.
new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin The commissioner and the Metropolitan Council may use
up to two percent of the money distributed under this section for the 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 and the Metropolitan
Council on the expenditure of money received under this section. The report shall be in
a form prescribed by the commissioner and the Metropolitan Council and must detail
outcomes in terms of increased use of park or trail resources, user satisfaction surveys, and
other appropriate measurable outcomes.
new text end

new text begin Subd. 7. new text end

new text begin Equitable distribution; reports. new text end

new text begin The commissioner and the Metropolitan
Council shall award grants under this section equitably and fairly throughout all areas of
the state. The commissioner and the Metropolitan Council shall report to the chairs and
ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over natural resources policy and finance on the grants made
under this section annually by January 15.
new text end

new text begin Subd. 8. new text end

new text begin Parks and trails funding priorities. new text end

new text begin (a) In making grants with money
from the parks and trails fund, the commissioner and the Metropolitan Council must
consider whether proposed projects will fulfill and are consistent with the priorities
established in this section.
new text end

new text begin (b) The commissioner and the Metropolitan Council shall give priority to projects
that expand use and access to parks and trails in this state. Projects meeting this objective
should demonstrate how the project will increase attendance at parks and trails and
participation in parks and trails programs 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 (c) The commissioner and the Metropolitan Council shall give priority to projects
that accelerate the management, restoration, and protection of natural landscapes and
resources of state and regional parks and trails.
new text end

new text begin (d) The commissioner and the Metropolitan Council shall give priority to projects
that accelerate facility maintenance and rehabilitation, including improved energy
conservation by making infrastructure enhancements.
new text end

new text begin (e) The commissioner and the Metropolitan Council shall give priority to projects
that use energy-efficient, innovative green technology; upgrade or renew facilities for
day and overnight use; and enhance energy efficiency in existing facilities, buildings,
equipment, and operations.
new text end

new text begin (f) The commissioner and the Metropolitan Council shall give priority to projects
that involve youth and local citizens in activities aimed at developing, beautifying, and
conserving parks or trails of state and regional significance.
new text end

new text begin (g) The commissioner and the Metropolitan Council shall give priority to projects
that will acquire land to create new parks or trails of state and regional significance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and expires on June
30, 2012.
new text end

Sec. 2.

new text begin [85.531] COMPREHENSIVE STATEWIDE PARKS AND TRAILS
FRAMEWORK AND SYSTEM INVENTORY.
new text end

new text begin A statewide parks and trails framework and system inventory is established to:
new text end

new text begin (1) provide clear direction to subsequent state and regional parks and trails planning;
new text end

new text begin (2) improve overall management direction and coordination of the state parks and
trails system;
new text end

new text begin (3) determine priorities for maintenance and expansion of trails;
new text end

new text begin (4) connect parks and trails systems;
new text end

new text begin (5) increase access to parks and trails, including allowing for expanded opportunities
for ecotourism, cultural tourism, and public recreation; and
new text end

new text begin (6) determine priorities for land acquisition.
new text end

Sec. 3. new text begin CREATION OF FRAMEWORK AND INVENTORY; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Framework development. new text end

new text begin (a) The University of Minnesota
Center for Changing Landscapes is directed to create a long-range, 25-year framework
for an integrated statewide parks and trails system that provides information on the
natural resource-based recreational opportunities available throughout the state. The
detailed framework must include an inventory of existing regionally and statewide
significant parks and trails, respond to recreational trends and demographic changes,
and identify underserved areas, overused facilities, and gaps in the current parks and
trails system. The framework must identify opportunities for enhancing existing assets,
developing new assets, and linking those assets together effectively. In developing the
framework and creating the inventory, the Center for Changing Landscapes shall use
geographic information system technology, aerial photographs, and other pertinent data
from government agencies.
new text end

new text begin (b) As part of the inventory, the Center for Changing Landscapes shall develop
a user-friendly Web-based application that will function as a guide for information on
state and regional parks in the state. The Department of Natural Resources and the
Metropolitan Council shall work with the Center for Changing Landscapes to ensure that
all the information currently available on their Web sites is incorporated into the newly
developed statewide Web system. The statewide parks and trails Web guide shall be
incorporated into the Department of Natural Resources Web site.
new text end

new text begin (c) In developing the framework and inventory, the Center for Changing Landscapes
shall consult with the Department of Natural Resources, the Metropolitan Council, local
units of government, park and trail groups, the public, and other stakeholder groups. The
Center for Changing Landscapes shall ensure public participation and active involvement
of user groups and local communities.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The Center for Changing Landscapes shall submit the framework
in a report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over natural resources policy
and finance by October 1, 2010.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation. new text end

new text begin $700,000 is appropriated in fiscal year 2010 from the
parks and trails fund to the Board of Regents of the University of Minnesota for the Center
for Changing Landscapes to create a comprehensive statewide parks and trails framework
and system inventory.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and expires on June
30, 2012.
new text end

Sec. 4. 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. This appropriation is not available
until October 15, 2009.
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 the purposes of Minnesota Statutes,
section 85.53, subdivision 4. This appropriation is not available until October 15, 2009.
new text end