SF 5192

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 11:40am

A bill for an act
relating to economic development; modifying the public skate park construction
and renovation program; modifying an earlier appropriation; appropriating money;
amending Laws 2023, chapter 71, article 1, section 14, subdivision 1, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116J;
repealing Minnesota Statutes 2022, section 240A.20, subdivisions 2, 4, 5; Minnesota
Statutes 2023 Supplement, section 240A.20, subdivisions 1, 3, 6, 7; Laws 2023,
chapter 71, article 1, section 7.

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

Section 1.

new text begin [116J.9927] PROMOTING CONSTRUCTION AND RENOVATION OF
PUBLIC SKATE PARKS THROUGHOUT THE STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "skate" or "skate sports" means
wheeled nonmotorized recreation, including skateboarding, roller blading, roller skating,
and BMX biking.
new text end

new text begin Subd. 2. new text end

new text begin Nonprofit organization. new text end

new text begin By July 1, 2024, and every three years thereafter, the
commissioner must enter into a three-year contract with a tax-exempt organization under
section 501(c)(3) of the Internal Revenue Code with a primary purpose to facilitate and
promote skate sports for the organization to evaluate applications from local units of
government for grants under this section and to select recipients for grants from available
appropriations. The commissioner may pay the nonprofit organization up to four percent
of the funds appropriated for grants under this section to compensate the nonprofit
organization for its work evaluating grant applications and selecting grant recipients.
new text end

new text begin Subd. 3. new text end

new text begin Grants. new text end

new text begin The commissioner must use money appropriated for this purpose to
make grants to local units of government to construct or renovate public skate parks
throughout the state. The grants must be made to local units of government for projects
selected by the nonprofit organization for an amount determined by the nonprofit
organization. Grants may be for the full cost of the project or may supplement local funding
as necessary to complete funding for a project.
new text end

new text begin Subd. 4. new text end

new text begin Application process. new text end

new text begin The commissioner must facilitate a process for soliciting
applications for grants from local governments and provide the applications to the nonprofit
organization responsible to select grantees.
new text end

new text begin Subd. 5. new text end

new text begin Grant selection process. new text end

new text begin (a) The nonprofit organization must consider the
following criteria in selecting projects for funding:
new text end

new text begin (1) the demonstrated interest of the community in a skate park project, including the
commitment of local government money and private donations for the project;
new text end

new text begin (2) the accessibility of the proposed site to an arterial highway, transit, or pedestrian or
bike path;
new text end

new text begin (3) equitable geographic dispersion to maximize potential for full utilization;
new text end

new text begin (4) commitment to accommodate noncompetitive family and community skating for all
ages and to encourage use of skate parks by a diverse population; and
new text end

new text begin (5) whether the project is requested by more than one local government unit.
new text end

new text begin (b) The nonprofit organization must give priority to applicants that propose projects
designed by experts in the field of concrete skate park design and are to be constructed by
professionals with experience in the construction of concrete skate parks.
new text end

new text begin Subd. 6. new text end

new text begin Skate park requirements. new text end

new text begin To be eligible for a grant under this section, a skate
park must be:
new text end

new text begin (1) accessible to the public without charge for personal use;
new text end

new text begin (2) constructed of concrete; and
new text end

new text begin (3) developed and programmed with input from youth during the planning, design, and
programming for the skate park.
new text end

new text begin Subd. 7. new text end

new text begin Agreements with local governments and cooperative purchasing
agreements. new text end

new text begin The commissioner may enter into cooperative purchasing agreements under
section 471.59 with local governments to purchase skate park equipment and services
through state contracts. The cooperative skate park equipment purchasing revolving fund
is created as a separate account in the state treasury. The commissioner may charge a fee
to cover the commissioner's administrative expenses to government units that have joint or
cooperative purchasing agreements with the state under section 471.59. The fees collected
must be deposited in the revolving fund established by this subdivision. Money in the fund
is appropriated to the commissioner to administer the programs and services covered by
this section.
new text end

new text begin Subd. 8. new text end

new text begin Awarding a design-build contract. new text end

new text begin Notwithstanding section 471.345, cities,
towns, counties, park boards, and school districts may solicit and award a design-build or
construction manager at-risk contract for a construction or upgrade project funded under
this section on the basis of a best value selection process. The city, town, county, park board,
or school district must consider at least two proposals when awarding a design-build contract
under this section.
new text end

new text begin Subd. 9. new text end

new text begin Availability of funds. new text end

new text begin A grant of money from an appropriation under this
program is available to each grantee until the project that is the subject of the grant is
completed or abandoned, subject to section 16A.642.
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.

Laws 2023, chapter 71, article 1, section 14, subdivision 1, is amended to read:

Subdivision 1. Total Appropriation

$

deleted text begin 395,567,000 deleted text end new text begin 398,067,000 new text end

To the commissioner of employment and
economic development for the purposes
specified in this section.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Laws 2023, chapter 71, article 1, section 14, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end new text begin Skate Parks new text end

new text begin 2,500,000 new text end

new text begin For grants to cities, towns, counties, park
boards, and school districts to plan, predesign,
design, and construct public skate parks under
Minnesota Statutes, section 116J.9927.
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. 4. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Laws 2023, chapter 71, article 1, section 7, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, section 240A.20, subdivisions 2, 4, and 5, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2023 Supplement, section 240A.20, subdivisions 1, 3, 6, and 7, new text end new text begin
are repealed.
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

APPENDIX

Repealed Minnesota Statutes: 24-07694

240A.20 PROMOTING CONSTRUCTION AND RENOVATION OF PUBLIC SKATE PARKS THROUGHOUT THE STATE.

Subdivision 1.

Definition.

For purposes of this section, "skate" means wheeled, nonmotorized recreation, including skateboarding, roller blading, roller skating, and BMX biking.

Subd. 2.

Promotion of public skate parks.

The Minnesota Amateur Sports Commission shall:

(1) develop new public skate parks statewide; and

(2) provide matching grants to local units of government for public skate parks based on the criteria in this section.

Subd. 3.

Criteria for grants to local units of government for public skate parks.

(a) The commission shall administer a site selection process for the skate parks. The commission shall invite proposals from cities, towns, counties, consortia of cities, park boards, and school districts that are eligible to receive a grant under this program. A proposal for a skate park must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.

(b) The skate park must be accessible to the public without charge for personal use.

(c) The skate park must be constructed of concrete.

(d) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway, transit, or pedestrian or bike path.

(e) To the extent possible, all proposed facilities must be dispersed equitably, must be located to maximize potential for full utilization, must accommodate noncompetitive family and community skating for all ages, and must encourage use of skate parks by a diverse population.

(f) The commission will give priority to proposals that come from more than one local government unit.

(g) The commission may also use the money to upgrade current facilities.

(h) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.

(i) A grant awarded under subdivision 2, clause (2), may not exceed $500,000 unless the grantee demonstrates that the facility will have a regional or statewide draw. A grant awarded under subdivision 2, clause (2), may be for up to $1,000,000 for a skate park with regional impact. A grant awarded under subdivision 2, clause (2), may be for up to $2,000,000 for a skate park that has or will have more than 40,000 square feet.

(j) In selecting projects to be awarded grants under this section, the commission must give priority to those projects that are designed by experts in the field of concrete skate park design and are to be constructed by professionals with experience in the construction of concrete skate parks.

(k) To be eligible for a grant under this section, a local government must have engaged or must commit to engage youth in the planning, design, and programming for the concrete skate park.

Subd. 4.

Technical assistance.

To the extent possible, the commission shall provide technical assistance on skate park planning, design, and operation to communities.

Subd. 5.

Agreements with local governments and cooperative purchasing agreements.

(a) The Minnesota Amateur Sports Commission may enter into agreements with local units of government and provide financial assistance in the form of grants for the construction of skate parks that, in the determination of the commission, conform to its criteria.

(b) The commission may enter into cooperative purchasing agreements under section 471.59 with local governments to purchase skate park equipment and services through state contracts. The cooperative skate park equipment purchasing revolving fund is a separate account in the state treasury. The commission may charge a fee to cover the commission's administrative expenses to government units that have joint or cooperative purchasing agreements with the state under section 471.59. The fees collected must be deposited in the revolving fund established by this subdivision. Money in the fund is appropriated to the commission to administer the programs and services covered by this subdivision.

Subd. 6.

Awarding a design-build contract.

Notwithstanding section 471.345, cities, towns, counties, park boards, and school districts may solicit and award a design-build or construction manager at-risk contract for a construction or upgrade project funded under this section on the basis of a best value selection process. The city, town, county, park board, or school district must consider at least three proposals when awarding a design-build contract under this section.

Subd. 7.

Availability of funds.

A grant of money from an appropriation under this program is available to each grantee until the project that is the subject of the grant is completed or abandoned, subject to section 16A.642.

Repealed Minnesota Session Laws: 24-07694

Laws 2023, chapter 71, article 1, section 7

Sec. 7. new text begin AMATEUR SPORTS COMMISSION new text end

new text begin $ new text end

new text begin 4,000,000 new text end

new text begin (a) To the Minnesota Amateur Sports Commission for grants to cities, towns, counties, park boards, and school districts for the planning and building of public skate parks under Minnesota Statutes, section 240A.20, subdivision 3, with the assistance of the nonprofit consultant hired under paragraph (b). new text end

new text begin (b) Of this appropriation, up to $100,000 may be used to hire a Minnesota nonprofit consultant with expertise in public skate park development to assist the commission in developing and applying the criteria for awarding grants under Minnesota Statutes, section 240A.20, subdivision 3. new text end