SF 3043

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 09:31am

A bill for an act
relating to local government; establishing a green zone grant program; allowing
amortization of certain facilities; appropriating money; amending Minnesota
Statutes 2014, section 462.357, subdivision 1c; proposing coding for new law
in Minnesota Statutes, chapter 116J.

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

Section 1.

new text begin [116J.445] GREEN ZONE INITIATIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program established; purpose. new text end

new text begin In order to encourage and
assist cities with development of green zones, the commissioner shall make grants to cities
for green zone projects from money appropriated to the commissioner for this program.
new text end

new text begin Subd. 2. 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.
new text end

new text begin (b) "City" means a statutory or home rule charter city.
new text end

new text begin (c) "Green zone" means a geographic area designated by a city that is
disproportionately and adversely affected by environmental pollution from past or present
industries and uses and that is socially, politically, and economically challenged or
vulnerable. In addition to any other area that may be designated a green zone, an area with
a facility that requires a permit under section 116.07 and is located:
new text end

new text begin (i) within a half-mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination and near the junctions of several
heavily trafficked state, county, and municipal roads that carry both truck and auto traffic;
and
new text end

new text begin (ii) in a community where a majority of the population are low-income persons
of color and American Indians and a disproportionate percentage of the children have
childhood lead poisoning, asthma, or other environmentally related health problems, is
a green zone.
new text end

new text begin Subd. 3. new text end

new text begin Eligible projects. new text end

new text begin A green zone project for which a city may be eligible
to receive a grant under this section must be part of an overall green zone program of
the city that targets new green infrastructure and retrofits to an area in a comprehensive
manner. Elements of the program may include:
new text end

new text begin (1) development or renovation of affordable, clean, and safe housing;
new text end

new text begin (2) improvements to energy efficiency or increasing availability and use of
renewable energy in homes, businesses, or public properties;
new text end

new text begin (3) development of urban agriculture;
new text end

new text begin (4) cleanup of contaminated property for reuse;
new text end

new text begin (5) development of projects that create living wage jobs;
new text end

new text begin (6) development of programs to foster educational, social, and economic strength
and resiliency of the residents; or
new text end

new text begin (7) development of recreational facilities and programs for the residents.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin (a) The commissioner must develop forms and procedures
for soliciting and reviewing applications for grants under this section. The commissioner
must evaluate complete applications to determine that the applicant and project are eligible
and have a strong likelihood of success at the stated goals.
new text end

new text begin (b) The determination of whether to make a grant is within the discretion of the
commissioner, subject to this section.
new text end

new text begin Subd. 5. new text end

new text begin Maximum grant amount. new text end

new text begin A city may receive no more than $....... in two
years for one or more projects.
new text end

new text begin Subd. 6. new text end

new text begin Cancellation of grant; return of grant money. new text end

new text begin If, after five years, the
commissioner determines that a project has not proceeded in a timely manner and is
unlikely to be completed, the commissioner must cancel the grant and require the grantee
to return all grant money awarded for that project.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin Grant money returned to the commissioner is appropriated
to the commissioner to make additional grants under this section.
new text end

Sec. 2.

Minnesota Statutes 2014, section 462.357, subdivision 1c, is amended to read:

Subd. 1c.

Amortization prohibited new text begin ; exceptions new text end .

new text begin (a) new text end Except as otherwise provided
in this subdivision, a municipality must not enact, amend, or enforce an ordinance
providing for the elimination or termination of a use by amortization which use was
lawful at the time of its inception.

new text begin (b) new text end This subdivision does not apply to new text begin :
new text end

new text begin (1) new text end adults-only bookstores, adults-only theaters, or similar adults-only businesses, as
defined by ordinance deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) a facility that requires a permit under section 116.07 and is located:
new text end

new text begin (i) within a half-mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination and near the junctions of several
heavily trafficked state, county, and municipal roads that carry both truck and auto traffic;
and
new text end

new text begin (ii) in a community where a majority of the population are low-income persons
of color and American Indians and a disproportionate percentage of the children have
childhood lead poisoning, asthma, or other environmentally related health problems.
new text end