as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to natural resources; modifying certain 1.3 responsibilities of the advisory committee and the 1.4 legislative commission on Minnesota resources 1.5 regarding the environmental and natural resources 1.6 trust fund; modifying availability of funds for 1.7 disbursement; providing a penalty for failure to 1.8 comply with restrictions on certain state-funded 1.9 acquisitions of land; requiring recipients of certain 1.10 state funding for acquisitions of interests in land to 1.11 record a notice of funding agreement regarding the 1.12 interests; amending Minnesota Statutes 2000, sections 1.13 116P.06, subdivision 2; 116P.07; 116P.11; Minnesota 1.14 Statutes 2001 Supplement, section 116P.15. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2000, section 116P.06, 1.17 subdivision 2, is amended to read: 1.18 Subd. 2. [DUTIES.] (a) The advisory committee shall: 1.19 (1) prepare and submit to the commission a draft strategic 1.20 plan to guide expenditures from the trust fund; 1.21 (2) review the reinvest in Minnesota program during 1.22 development of the draft strategic plan; 1.23 (3) gather public inputfrom the resources congressduring 1.24 development of the draft strategic plan; 1.25 (4) advise the commission on project proposals to receive 1.26 funding from the trust fund; and 1.27 (5) advise the commission on development of the budget plan. 1.28 (b) The advisory committee may review all project proposals 1.29 for funding and may make recommendations to the commission on 1.30 whether the projects: 2.1 (1) meet the standards and funding categories set forth in 2.2 sections 116P.01 to 116P.12; 2.3 (2) duplicate existing federal, state, or local projects 2.4 being conducted within the state; and 2.5 (3) are consistent with the most recent strategic plan 2.6 adopted by the commission. 2.7 Sec. 2. Minnesota Statutes 2000, section 116P.07, is 2.8 amended to read: 2.9 116P.07 [RESOURCES CONGRESSINFORMATION GATHERING.] 2.10 The commissionmustmay convenea resources congress at2.11least once every biennium and shall develop procedures for the2.12congresspublic forums to gather information for establishing 2.13 priorities for funding.The congress must be open to all2.14interested individuals. The purpose of the congress is to2.15collect public input necessary to allow the commission, with the2.16advice of the advisory committee, to develop a strategic plan to2.17guide expenditures from the trust fund. The congress also may2.18be convened to receive and review reports on trust fund projects.2.19The congress shall also review the reinvest in Minnesota program.2.20 Sec. 3. Minnesota Statutes 2000, section 116P.11, is 2.21 amended to read: 2.22 116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] 2.23 (a) The amount biennially available from the trust fund for 2.24 the budget plan developed by the commissionconsists of the2.25earnings generated from the trust fundis as defined in the 2.26 Minnesota Constitution, article XI, section 14.Earnings2.27generated from the trust fund shall equal the amount of interest2.28on debt securities and dividends on equity securities. Gains2.29and losses arising from the sale of securities shall be2.30apportioned as follows:2.31(1) if the sale of securities results in a net gain during2.32a fiscal year, the gain shall be apportioned in equal2.33installments over the next ten fiscal years to offset net losses2.34in those years. If any portion of an installment is not needed2.35to recover subsequent losses identified in paragraph (b), it2.36shall be added to the principal of the fund; and3.1(2) if the sale of securities results in a net loss during3.2a fiscal year, the net loss shall be recovered from the gains in3.3paragraph (a) apportioned to that fiscal year. If such gains3.4are insufficient, any remaining net loss shall be recovered from3.5interest and dividend income in equal installments over the3.6following ten fiscal years.3.7(b) For funding projects until fiscal year 1997, the3.8following additional amounts are available from the trust fund3.9for the budget plans developed by the commission:3.10(1) for the 1991-1993 biennium, up to 25 percent of the3.11revenue deposited in the trust fund in fiscal years 1990 and3.121991;3.13(2) for the 1993-1995 biennium, up to 20 percent of the3.14revenue deposited in the trust fund in fiscal year 1992 and up3.15to 15 percent of the revenue deposited in the fund in fiscal3.16year 1993;3.17(3) for the 1993-1995 biennium, up to 25 percent of the3.18revenue deposited in the trust fund in fiscal years 1994 and3.191995, to be expended only for capital investments in parks and3.20trails; and3.21(4) for the 1995-1997 biennium, up to 25 percent of the3.22revenue deposited in the fund in fiscal year 1996, to be3.23expended only for capital investments in parks and trails.3.24(c)(b) Any appropriated funds not encumbered in the 3.25 biennium in which they are appropriated cancel and must be 3.26 credited to the principal of the trust fund. 3.27 Sec. 4. Minnesota Statutes 2001 Supplement, section 3.28 116P.15, is amended to read: 3.29 116P.15 [LAND ACQUISITION RESTRICTIONS.] 3.30 Subdivision 1. [SCOPE.] A recipient of an appropriation 3.31 from the trust fund or the Minnesota future resources fund who 3.32 acquires an interest in real property with the appropriation 3.33 must comply with this section. If the recipient fails to comply 3.34 with the terms of this section, ownership of the interest in 3.35 real property transfers to the state. For the purposes of this 3.36 section, "interest in real property" includes, but is not 4.1 limited to, an easement or fee title to property. 4.2 Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 4.3 interest in real property acquired with an appropriation from 4.4 the trust fund or the Minnesota future resources fund must be 4.5 used in perpetuity or for the specific term of an easement 4.6 interest for the purpose for which the appropriation was made. 4.7 (b) A recipient of funding who acquires an interest in real 4.8 property subject to this section may not alter the intended use 4.9 of the interest in real property or convey any interest in the 4.10 real property acquired with the appropriation without the prior 4.11 review and approval of the commission. The commission shall 4.12 establish procedures to review requests from recipients to alter 4.13 the use of or convey an interest in real property. These 4.14 procedures shall allow for the replacement of the interest in 4.15 real property with another interest in real property meeting the 4.16 following criteria: 4.17 (1) the interest is at least equal in fair market value, as 4.18 certified by the commissioner of natural resources, to the 4.19 interest being replaced; and 4.20 (2) the interest is in a reasonably equivalent location, 4.21 and has a reasonably equivalent usefulness compared to the 4.22 interest being replaced. 4.23 (c)An interest in real property acquired with an4.24appropriation from the trust fund or the Minnesota future4.25resources fund to be held by an entity other than this state4.26shall include the following restrictive covenant on the4.27conveyance instrument used to acquire the real property4.28interests:A recipient of funding who acquires an interest in 4.29 real property under paragraph (a) must separately record a 4.30 notice of funding restrictions in the appropriate local 4.31 government office where the conveyance of the interest in real 4.32 property is filed. The notice of funding agreement must contain: 4.33 (1) a legal description of the interest in real property 4.34 covered by the funding agreement; 4.35 (2) a reference to the underlying funding agreement; 4.36 (3) a reference to this section; and 5.1 (4) the following statement: 5.2 "The above describedThis interest in real property shall 5.3 be administered in accordance with the terms, conditions, and 5.4 purposes of the grant agreement or work program controlling the 5.5 acquisition of the property. The interest in real property, or 5.6 any portion of the interest in real property, shall not be sold, 5.7 transferred, pledged, or otherwise disposed of or further 5.8 encumbered without obtaining the prior written approval of the 5.9 legislative commission on Minnesota resources or its successor. 5.10 If the holder of the interest in real property fails to comply 5.11 with the terms and conditions of the grant agreement or work 5.12 program, ownership of the interest in real property shallrevert5.13 transfer to this state." 5.14 Sec. 5. [EFFECTIVE DATE.] 5.15 Sections 1 to 4 are effective the day following final 5.16 enactment.