As of January 1, 2026, this bill creates a special account in the state treasury to be known as the Urban Green Space Development fund ("fund"). Moneys in the fund must be used exclusively by the department of environment and conservation ("department") to provide grants to local government entities and private nonprofit organizations solely for the fee simple purchase of, or purchase of protective interests in, green space located in urban areas. As used in this bill, "green space" means areas of land, which by reason of having natural and historic features, scenic beauty, or location, possess natural or potential physical, aesthetic, scientific, creative, social, or other recreational values, and are dedicated to and reserved and administered by a local government entity or private nonprofit organization for the recreational and cultural use and enjoyment of the public; and includes community gardens. The department must establish, administer, manage, and make expenditures and allocations from the fund. MATCHING FUNDS This bill requires a private nonprofit organization seeking grant funding to provide matching funds from nonstate sources on a basis established by the department in rule. As used in this bill, "matching funds" means both cash and the value of any noncash contribution due to a bargain sale or the donation of land or interest therein made by the landowner as part of a proposed project. However, state funds must not be included in determining the amount of the match. ELIGIBLE COSTS This bill provides that eligible costs for which moneys from the fund may be allocated include the acquisition of land and any improvements thereon; and permanent protective interests. Grants from the fund may be awarded for prospective purchases or for acquisitions for which the applicant has closed as long as, for closed acquisitions, the applicant demonstrates that (i) the closing occurred no more than 12 months prior to the date of application for the grant; and (ii) an identifiable threat to the future availability of the resource existed at the time of the purchase. EASEMENTS AND TRANSFERS This bill requires a private nonprofit organization making an acquisition of land or interest therein to grant to the local government where such land is located a perpetual easement placing restrictions on the use or development of the land for a purpose other than green space. However, this bill does not prevent the subsequent transfer of property acquired pursuant to this bill to the state. AWARDS OF GRANTS This bill requires the department to establish guidelines for applications, prioritization, and award of grants from the development fund in consultation with appropriate stakeholders. Consideration must be given to the financial and administrative capacity of the applicant to complete the project and to maintain and manage the property consistent with the public investment and public interests, such as education, recreation, research, tourism promotion, or orderly community development. Additionally, all grant recipients are subject to audit by the comptroller of the treasury as to the funds received pursuant to this bill. GIFTS AND GRANTS TO THE FUND In addition to appropriations made to the fund, this bill authorizes the department to accept other funds, public or private, by way of gift or grant to the fund. COMMUNITY-LED PROJECTS TO IMPROVE AIR QUALITY Present law establishes an air pollution control board composed of the commissioner of environment and conservation, the commissioner of economic and community development, and 12 other members who are appointed by the governor. The director of the air pollution control division or service of the department serves as the technical secretary of the board. Present law delineates the powers of the technical secretary. As of January 1, 2026, this bill adds to such powers the power to establish a program to incentivize community-led projects that improve air quality.

Statutes affected:
Introduced: 68-201-107