Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1328

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/13/2015 03:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2015
1st Engrossment Posted on 04/13/2015

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27
2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32
3.33 3.34 3.35 4.1 4.2
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18
5.19
5.20 5.21

A bill for an act
relating to natural resources; creating conservation easement stewardship
accounts; appropriating money; proposing coding for new law in Minnesota
Statutes, chapters 84; 103B; repealing Minnesota Statutes 2014, section 84.68.

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

Section 1.

new text begin [84.69] NATURAL RESOURCES CONSERVATION EASEMENT
STEWARDSHIP ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; sources. new text end

new text begin The natural resources conservation
easement stewardship account is created in the special revenue fund. The account consists
of money credited to the account and interest and other earnings on money in the account.
The State Board of Investment must manage the account to maximize long-term gain. The
following revenue must be deposited in the natural resources conservation easement
stewardship account:
new text end

new text begin (1) contributions to the account or specified for any purpose of the account;
new text end

new text begin (2) contributions under subdivision 3; section 84.66, subdivision 11; or other
applicable law;
new text end

new text begin (3) money appropriated for any of the purposes described in subdivision 2;
new text end

new text begin (4) money appropriated for monitoring and enforcement of easements and earnings
on the money appropriated that revert to the state under section 97A.056, subdivision
17, or other applicable law; and
new text end

new text begin (5) gifts under section 84.085 for conservation easement stewardship.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation; purposes of account. new text end

new text begin Five percent of the balance on
July 1 of each year in the natural resources conservation easement stewardship account
is annually appropriated to the commissioner of natural resources and may be spent
only to cover the costs of managing conservation easements held by the Department of
Natural Resources, including costs associated with monitoring, landowner contracts,
records storage and management, processing landowner notices, requests for approval
or amendments, enforcement, and legal services associated with conservation easement
management activities.
new text end

new text begin Subd. 3. new text end

new text begin Financial contributions. new text end

new text begin The commissioner shall seek a financial
contribution to the natural resources conservation easement stewardship account for each
conservation easement acquired by or assigned to the Department of Natural Resources.
Unless otherwise provided by law, the commissioner shall determine the amount of the
contribution, which must be an amount calculated to earn sufficient money to meet
the costs of managing the conservation easement at a level that neither significantly
overrecovers nor underrecovers the costs. In determining the amount of the financial
contribution, the commissioner shall consider:
new text end

new text begin (1) the estimated annual staff hours needed to manage the conservation easement,
taking into consideration factors such as easement type, size, location, and complexity;
new text end

new text begin (2) the average hourly wages for the class or classes of employees expected to
manage the conservation easement;
new text end

new text begin (3) the estimated annual travel expenses to manage the conservation easement;
new text end

new text begin (4) the estimated annual miscellaneous costs to manage the conservation easement,
including supplies and equipment, information technology support, and aerial flyovers;
new text end

new text begin (5) the estimated annualized cost of legal services, including the cost to enforce the
easement in the event of a violation; and
new text end

new text begin (6) the expected rate of return on investments in the account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 2 of this section are effective the day
following final enactment. Subdivision 3 of this section is effective for conservation
easements acquired with money appropriated on or after July 1, 2015, and for acquisitions
of conservation easements by gift that are initiated on or after July 1, 2015.
new text end

Sec. 2.

new text begin [103B.103] EASEMENT STEWARDSHIP ACCOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Accounts established; sources. new text end

new text begin (a) The water and soil conservation
easement stewardship account and the mitigation easement stewardship account are
created in the special revenue fund. The accounts consist of money credited to the
accounts and interest and other earnings on money in the accounts. The State Board of
Investment must manage the accounts to maximize long-term gain.
new text end

new text begin (b) Revenue from contributions and money appropriated for any purposes of the
account as described in subdivision 2 must be deposited in the water and soil conservation
easement stewardship account. Revenue from contributions, wetland banking fees
designated for stewardship purposes by the board, easement stewardship payments
authorized under subdivision 3, and money appropriated for any purposes of the account
as described in subdivision 2 must be deposited in the mitigation easement stewardship
account.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation; purposes of accounts. new text end

new text begin Five percent of the balance on
July 1 each year in the water and soil conservation easement stewardship account and
five percent of the balance on July 1 each year in the mitigation easement stewardship
account are annually appropriated to the board and may be spent only to cover the costs
of managing easements held by the board, including costs associated with monitoring,
landowner contracts, records storage and management, processing landowner notices,
requests for approval or amendments, enforcement, and legal services associated with
easement management activities.
new text end

new text begin Subd. 3. new text end

new text begin Financial contributions. new text end

new text begin The board shall seek a financial contribution
to the water and soil conservation easement stewardship account for each conservation
easement acquired by the board. The board shall seek a financial contribution or assess an
easement stewardship payment to the mitigation easement stewardship account for each
wetland banking easement acquired by the board. Unless otherwise provided by law,
the board shall determine the amount of the contribution or payment, which must be an
amount calculated to earn sufficient money to meet the costs of managing the easement at
a level that neither significantly overrecovers nor underrecovers the costs. In determining
the amount of the financial contribution, the board shall consider:
new text end

new text begin (1) the estimated annual staff hours needed to manage the conservation easement,
taking into consideration factors such as easement type, size, location, and complexity;
new text end

new text begin (2) the average hourly wages for the class or classes of state and local employees
expected to manage the easement;
new text end

new text begin (3) the estimated annual travel expenses to manage the easement;
new text end

new text begin (4) the estimated annual miscellaneous costs to manage the easement, including
supplies and equipment, information technology support, and aerial flyovers;
new text end

new text begin (5) the estimated annualized costs of legal services, including the cost to enforce the
easement in the event of a violation; and
new text end

new text begin (6) the expected rate of return on investments in the account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1 and 2 of this section are effective the day
following final enactment. Subdivision 3 of this section is effective for conservation
easements acquired with money appropriated on or after July 1, 2015, and for acquisitions
of conservation easements by gift or as a condition of approval for wetland mitigation as
provided in Minnesota Rules, chapter 8420, that are initiated on or after July 1, 2015.
new text end

Sec. 3. new text begin TRANSFERS.
new text end

new text begin (a) On June 30, 2015, the commissioner of management and budget shall transfer
to the natural resources conservation easement stewardship account, established in
Minnesota Statutes, section 84.69, the remaining balance in the forests for the future
conservation easement account under Minnesota Statutes, section 84.68.
new text end

new text begin (b) On June 30, 2015, the commissioner of management and budget shall transfer
to the natural resources conservation easement stewardship account, established in
Minnesota Statutes, section 84.69, the following amounts:
new text end

new text begin (1) $114,840 from Laws 2011, First Special Session chapter 6, article 1, section
2, subdivision 3, paragraph (a);
new text end

new text begin (2) $25,000 from Laws 2012, chapter 264, article 1, section 2, subdivision 5,
paragraph (a); and
new text end

new text begin (3) $14,000 from Laws 2013, chapter 137, article 1, section 2, subdivision 2,
paragraph (c).
new text end

new text begin (c) The commissioner of management and budget shall transfer additional
amounts from Laws 2013, chapter 137, article 1, section 2, subdivision 2, paragraph
(c), to the natural resources conservation easement stewardship account, established in
Minnesota Statutes, section 84.69, upon closing on conservation easements funded by the
appropriation, provided that total transfers to the account shall not exceed $42,000.
new text end

new text begin (d) The commissioner of management and budget shall transfer amounts from
Laws 2014, chapter 256, article 1, section 2, subdivision 2, paragraph (e), to the natural
resources conservation easement stewardship account, established in Minnesota Statutes,
section 84.69, upon closing on conservation easements funded by the appropriation,
provided that total transfers to the account shall not exceed $112,000.
new text end

new text begin (e) On June 30, 2015, the commissioner of management and budget shall transfer to
the water and soil conservation easement stewardship account, established in Minnesota
Statutes, section 103B.103, the following amounts:
new text end

new text begin (1) $191,667 from Laws 2011, First Special Session chapter 6, article 1, section
2, subdivision 2, paragraph (c);
new text end

new text begin (2) $57,750 from Laws 2011, First Special Session chapter 6, article 1, section
2, subdivision 4, paragraph (a);
new text end

new text begin (3) $15,750 from Laws 2011, First Special Session chapter 6, article 1, section
2, subdivision 4, paragraph (c);
new text end

new text begin (4) $48,000 from Laws 2012, chapter 264, article 1, section 2, subdivision 2,
paragraph (a);
new text end

new text begin (5) $1,821 from Laws 2012, chapter 264, article 1, section 2, subdivision 3,
paragraph (a);
new text end

new text begin (6) $26,400 from Laws 2013, chapter 137, article 1, section 2, subdivision 3,
paragraph (b);
new text end

new text begin (7) $26,400 from Laws 2013, chapter 137, article 1, section 2, subdivision 2,
paragraph (e);
new text end

new text begin (8) $4,800 from Laws 2013, chapter 137, article 1, section 2, subdivision 4,
paragraph (d); and
new text end

new text begin (9) $4,500 from Laws 2014, chapter 256, article 1, section 2, subdivision 2,
paragraph (f).
new text end

new text begin (f) The commissioner of management and budget shall continue to transfer money,
appropriated to the Board of Water and Soil Resources on or before June 30, 2015,
for conservation easement monitoring and enforcement funds to the water and soil
conservation easement stewardship account, established in Minnesota Statutes, section
103B.103, upon closing on conservation easements, provided that total transfers to the
account shall not exceed the amount specified in each appropriation.
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 Minnesota Statutes 2014, section 84.68, new text end new text begin is repealed.
new text end