SB 2572

This bill establishes the Tennessee Outdoor Stewardship Trust Fund ("the fund""), which is a special fund designated by the state treasury for grants and loans to counties, municipalities, state agencies, and nongovernmental entities for improvement and restoration projects . This bill creates a board of trustees for the fund. APPROPRIATIONS This bill provides that t he fund consists of funds appropriated or otherwise made available by the general assembly in any manner and funds from any other source designated for deposit into the fund. This bill requires funds to be accounted for as unobligated funds or obligated funds. Unexpended amounts remaining in the fund at the end of a fiscal year do not lapse into the state general fund, and any investment earnings or interest earned on amount s in the fund must be deposited to the credit of the fund . H owever, any unobligated monies in excess of $ 20 million remaining in the fund at the end of a fiscal year that have not been appropriated must revert to the general fund. HOW FUNDS MAY BE USED This bill authorizes monies in the fund to be used by the department of finance and administration, upon appropriation by the general assembly, based upon the recommendation of the board of trustees of the f und for the purposes of providing assistance to counties, municipalities, state agencies, and nongovernmental entities. However, t he board must not use more than 1% of monies in the fund to defray the expenses of the board in carrying out its duties, and t he department of finance and administration mus t not use more than 3% of monies in the fund to defray the expenses of the board in carrying out its duties. This bill authorizes m onies in the fund to be used and expended by the board to provide funds for grants to counties, municipalities, state agencies, and nongovernmental entities for the following projects :  Improvement of state park outdoor recreation features and trails.  Restoration or enhancement on privately owned working agricultural lands and forests that support conservation of soil, water, habitat of fish, and wildlife resources.  Acquisition and improv ement of parks and trails under the control and within the jurisdiction of such counties and municipalities.  Restoration or enhancement projects to create or improve access to public waters and lands for public outdoor recreation, conservation education, use or safe enjoyment of permanently protected conservation land.  Restoration or enhancement of wetlands, native forests, native grasslands, and other unique habitats important for this state's fish and wildlife.  Acquisition of critical areas for the provision or protection of clean water, wildlife, hunting or fishing, for military installation buffering, or for natural resource-based outdoor recreation. However, this bill provides that r eal property m ust only be acquired under the following circumstances:  Where the property is, at the time of acquisition, being leased by the state as a wildlife management area.  Where the property adjoins or is in close proximity to state or federal wildlife management areas, state parks, or would provide better public access to such areas.  Lands identified in any wildlife action plan developed by a state agency.  Riparian lands so as to protect any drinking water supply .  Lands surrounding any military base or military installation.  Acquisition of land by means other than the exercise of any power of eminent domain or condemnation proceeding. This bill also authorizes m onies in the fund to be used and expended by the board to provide funds for loans to municipalities, counties, nongovernmental entities, and state agencies to defray the costs of the projects described above. Unless otherwise authorized by the board, this bill requires a county, municipality, state agency, or nongovernmental entity that receives funds for a project to expend the funds for the project within two years after receipt of the funds in order to be eligible to apply for additional funds for the project. If a county, municipality, state agency, or nongovernmental entity does not expend such funds within such two - year period, then the county, municipality, state agency, or nongovernmental entity must p rovide an accounting of such unused funds and the reason for the failure to expend the funds. This bill clarifies that m onies in the fund must not be used, expended, or transferred for any other purpose other than as authorized under this bill. APPLICATIONS This bill requires a county, municipality, state agency, or nongovernmental entity seeking assistance to submit a complete application to the board. The application must include a description of the purpose for which assistance is requested, the type and amount of assistance requested, and any other information required by the board. This bill requires t he board to review an application for assistance and determine whether the applicant is eligible for assistance and whether the applicant should receive assistance. In reviewing applications, the board must give increased priority to projects that meet the following criteria:  That leverage or match other nonfederal or federal funds that are available for similar purposes.  That support and promote hunting, fishing, and provision for recreation in the form of archery, boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, shooting facilities, or similar outdoor activities.  That contribute to improving the quality and quantity of surface water and ground water.  That contribute to the conservation of soil, water, and fish and wildlife resources on privately owned working agricultural lands or forests.  That contribute to achieving the goals and objectives of local, state, regional, and national conservation or outdoor recreational plans. If the board determines that an applicant should receive assistance, then this bill requires the board to prepare a recommendation for assistance, which would state the purpose for which the assistance is to be provided, the type of assistance to be provided, the amount of assistance to be provided, and any other information determined necessary by the board . The board must provide its recommendation for assistance to the department of finance and administration, and the department must use funds from the fund to provide the assistance. BOARD OF TRUSTEES This bill establishes the board of trustees of the fund, which must consist of the following 12 members:  The state forester, who is an ex officio nonvoting member.  The executive director of the Tennessee soil and water conservation commission, who is an ex officio nonvoting member.  The director of the division of parks and recreation, who is an ex officio nonvoting member.  The commissioner of agriculture, who is an ex officio nonvoting member  Three members appointed by the governor.  Two members appointed by the speaker of the senate.  Two members appointed by the speaker of the house of representatives. This bill prohibits the board from approving any funding to a county, municipality, state agency, or nongovernmental entity in which a voting member of the board is an executive, other employee, or is a voting member of a governing board with such county, municipality, state agency, or nongovernmental entity. This bill requires t he members of the board appointed to be appointed from the private sectors of forestry, conservation, agriculture, marine resources, hunting, or fishing. Such members must be residents of this state during their tenure on the board and must possess a demonstrated knowledge of and commitment to land conservation and outdoor recrea tion. A fter staggered initial terms, all appointments to the board expire on June 30 and begin on July 1, for four - year terms. BOARD MEETINGS AND STAFF – MEMBER COMPENSATION AND PROHIBITIONS This bill provides that a majority of the voting members of the board constitutes a quorum for the conduct of meetings, and all actions of the board require a majority vote of the voting members of the board. The board must annually elect one member to serve as chair and one m ember to serve as vice chair. This bill provides that t he ex officio members and the members appointed by the governor serve without compensation but are eligible for reimbursement of travel expenses incurred. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as pr omulgated by the commissioner of finance and administration and approved by the attorney general. The members appointed by the speaker of the senate and the speaker of the house of representatives are eligible for reimbursement of travel expenses incurre d in conformity with present law, and may expend funds. This bill prohibits a member of the board from using the member's official position to obtain, or attempt to obtain, a pecuniary benefit for the member other than that compensation provided for by law, or to obtain, or attempt to obtain, a pecuniary benefit for any relative or any business with which the member is associated. This bill requires t he department of finance and administration to provide the office space, staff, and other support necessary for the board to perform its duties. REPORTING Following the close of each state fiscal year, this bill requires the board to submit an annual report of its activities for the preceding state fiscal year to the governor; the speaker of the senate; the speaker of the house of representatives; the chair of the finance, ways and means committee of the senate; and the chair of the committee of the house of representatives having jurisdiction over matters relating to the establishment of funds to finance state projects and activities. RULEMAKING This bill authorizes the department of revenue, in consultation with the board, to promulgate rules to establish allocations of revenue or other proceeds received under this bill and to effectuate this bill."