HF 3168

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; establishing a conservation easement management
account; requiring a contribution to the account and a purpose statement for
future conservation easements; proposing coding for new law in Minnesota
Statutes, chapter 84C.

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

Section 1.

new text begin [84C.021] CONSERVATION EASEMENT PURPOSE STATEMENT.
new text end

new text begin A conservation easement executed on or after July 1, 2008, must include a statement
of the conservation purposes of the easement, including the conservation attributes
associated with the real property and the benefit to the general public intended to be served
by the restriction on uses of the real property subject to the conservation easement.
new text end

Sec. 2.

new text begin [84C.06] CONSERVATION EASEMENT MANAGEMENT ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin A conservation easement management
account is established in the special revenue fund. The commissioner of finance shall
credit to the conservation easement management account the amounts from conservation
easement holders required under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Contribution determination. new text end

new text begin (a) The responsible entity as defined
in paragraph (c) shall determine the contribution amount a conservation easement
holder shall contribute. The contribution must be an amount, with an average draw
of five percent, adequate to cover the costs of managing, monitoring, and enforcing
the conservation easement. The contribution must be calculated using an analysis of
the annual management and monitoring expense, as well as an assumption of periodic
enforcement action based on the purpose, complexity, and risk factors of the easement.
The contribution amount shall be at least $10,000. The responsible entity shall annually
adjust the minimum contribution amount for inflation.
new text end

new text begin (b) Upon the request of a conservation easement holder, the responsible entity
must waive the requirement of the holder to contribute to the conservation easement
management account if the holder demonstrates:
new text end

new text begin (1) a history of providing long-term conservation easement management,
monitoring, and enforcement;
new text end

new text begin (2) the ability to fund long-term conservation easement management, monitoring,
and enforcement for the easement, such as administering an account similar to the account
established in this section; and
new text end

new text begin (3) that funds have or will be set aside on behalf of the easement for the purpose of
conservation easement management, monitoring, and enforcement.
new text end

new text begin (c) For the purposes of this subdivision, "responsible entity" means the Board
of Water and Soil Resources for conservation easements under its authority or the
commissioner of natural resources for all other conservation easements.
new text end

new text begin Subd. 3. new text end

new text begin Contribution required. new text end

new text begin (a) A holder of a conservation easement
that is executed on or after July 1, 2008, and purchased in whole or in part by funds
appropriated by the legislature shall contribute the amount determined in subdivision 2
or an amount determined by the legislature to the conservation easement management
account established in subdivision 1 within 30 days of purchasing the easement.
new text end

new text begin (b) The Legislative-Citizen Commission on Minnesota Resources shall provide
recommendations to the legislature on the contribution amount required for conservation
easements purchased in whole or in part with funds from the environment and natural
resources trust fund.
new text end

new text begin Subd. 4. new text end

new text begin Expenditures. new text end

new text begin Money appropriated from the conservation easement
management account must only be spent on the management, monitoring, and enforcement
of conservation easements to ensure that the purposes for conservation easements, as
outlined in statements prepared according to section 84C.021, are met. Money from
the conservation easement management account must not be expended to acquire
conservation easements. The commissioner of natural resources, the Board of Water and
Soil Resources, and the Legislative-Citizen Commission on Minnesota Resources shall
provide annual funding recommendations to the legislature for the use of the funds.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2008.
new text end