HOUSE BILL No. 4768 June 10, 1999, Introduced by Reps. Mead, Green, Rick Johnson, Ehardt, Jelinek and Jellema and referred to the Committee on Agriculture and Resource Management. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, 36207, and 36208. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 36204. (1) THE FARMLAND TRUST FUND BOARD IS CREATED 2 WITHIN THE DEPARTMENT. 3 (2) THE BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS: 4 (A) THE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES OR 5 HIS OR HER DESIGNEE AS A NONVOTING MEMBER. 6 (B) THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR HIS OR 7 HER DESIGNEE AS A NONVOTING MEMBER. 8 (C) FIVE INDIVIDUALS APPOINTED BY THE GOVERNOR AS FOLLOWS: 9 (i) TWO INDIVIDUALS REPRESENTING CONSERVATION INTERESTS. 00298'99 JCB 2 1 (ii) TWO INDIVIDUALS REPRESENTING AGRICULTURAL INTERESTS. 2 (iii) ONE INDIVIDUAL REPRESENTING THE GENERAL PUBLIC. 3 (3) THE MEMBERS FIRST APPOINTED TO THE BOARD SHALL BE 4 APPOINTED WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS 5 SECTION. 6 (4) MEMBERS OF THE BOARD SHALL SERVE FOR TERMS OF 4 YEARS OR 7 UNTIL A SUCCESSOR IS APPOINTED, WHICHEVER IS LATER, EXCEPT THAT 8 OF THE MEMBERS FIRST APPOINTED SHALL SERVE AS FOLLOWS: 9 (A) ONE OF THE INDIVIDUALS APPOINTED UNDER 10 SUBSECTION (2)(C)(i) AND 1 OF THE INDIVIDUALS APPOINTED UNDER 11 SUBSECTION (2)(C)(ii) SHALL SERVE FOR 3 YEARS. 12 (B) ONE OF THE INDIVIDUALS APPOINTED UNDER 13 SUBSECTION (2)(C)(i) AND 1 OF THE INDIVIDUALS APPOINTED UNDER 14 SUBSECTION (2)(C)(ii) SHALL SERVE FOR 2 YEARS. 15 (C) THE INDIVIDUAL APPOINTED UNDER SUBSECTION (2)(C)(iii) 16 SHALL SERVE FOR 1 YEAR. 17 (5) IF A VACANCY OCCURS ON THE BOARD, THE VACANCY SHALL BE 18 FILLED FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL 19 APPOINTMENT. 20 (6) THE BOARD MAY REMOVE A MEMBER OF THE BOARD FOR INCOMPE- 21 TENCY, DERELICTION OF DUTY, MALFEASANCE, MISFEASANCE, OR NONFEA- 22 SANCE IN OFFICE, OR ANY OTHER GOOD CAUSE. 23 (7) THE FIRST MEETING OF THE BOARD SHALL BE CALLED BY THE 24 DIRECTOR OF THE DEPARTMENT. AT THE FIRST MEETING, THE BOARD 25 SHALL ELECT FROM AMONG ITS MEMBERS A CHAIRPERSON AND OTHER OFFI- 26 CERS AS IT CONSIDERS NECESSARY OR APPROPRIATE. AFTER THE FIRST 27 MEETING, THE BOARD SHALL MEET AT LEAST QUARTERLY, OR MORE 00298'99 3 1 FREQUENTLY AT THE CALL OF THE CHAIRPERSON OR IF REQUESTED BY 3 OR 2 MORE MEMBERS. 3 (8) A MAJORITY OF THE MEMBERS OF THE BOARD CONSTITUTE A 4 QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING OF THE 5 BOARD. A MAJORITY OF THE MEMBERS PRESENT AND SERVING ARE 6 REQUIRED FOR OFFICIAL ACTION OF THE BOARD. 7 (9) THE BUSINESS THAT THE BOARD MAY PERFORM SHALL BE CON- 8 DUCTED AT A PUBLIC MEETING OF THE BOARD HELD IN COMPLIANCE WITH 9 THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. 10 (10) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF, 11 OR RETAINED BY THE BOARD IN THE PERFORMANCE OF AN OFFICIAL FUNC- 12 TION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 442, 13 MCL 15.231 TO 15.246. 14 (11) MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION. 15 HOWEVER, MEMBERS OF THE BOARD MAY BE REIMBURSED FOR THEIR ACTUAL 16 AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFI- 17 CIAL DUTIES AS MEMBERS OF THE BOARD. 18 SEC. 36205. (1) THE BOARD SHALL DETERMINE WHICH LOCAL UNITS 19 OF GOVERNMENT ARE ELIGIBLE FOR DISTRIBUTION OF FUNDS AS PROVIDED 20 IN SECTION 36203. 21 (2) THE BOARD SHALL ANNUALLY DETERMINE WHICH GRANTS SHOULD 22 BE APPROVED AND SHALL SUBMIT TO THE LEGISLATURE A LIST OF THOSE 23 GRANTS, COMPILED IN ORDER OF PRIORITY. THE BOARD SHALL REQUIRE 24 THE LOCAL UNIT OF GOVERNMENT OR OTHER PERSON TO PROVIDE AT LEAST 25 25% OF THE COST OF ACQUIRING THE AGRICULTURE CONSERVATION EASE- 26 MENTS OR RESOURCE CONSERVATION EASEMENTS THAT WILL BE FUNDED WITH 27 THE GRANT. 00298'99 4 1 (3) THE BOARD SHALL CONSIDER ALL OF THE FOLLOWING IN 2 REVIEWING GRANT APPLICATIONS FOR THE ACQUISITION OF AGRICULTURE 3 CONSERVATION EASEMENTS IN THE FOLLOWING PRIORITY ORDER: 4 (A) THE PRODUCTIVE CAPACITY OF THE FARMLAND SUITED FOR THE 5 PRODUCTION OF FEED, FOOD, AND FIBER, INCLUDING, BUT NOT LIMITED 6 TO, PRIME OR UNIQUE FARMLAND OR FARMLAND OF LOCAL IMPORTANCE, AS 7 DEFINED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE-NATURAL 8 RESOURCES CONSERVATION SERVICE. 9 (B) WHETHER THE FARMLAND MEETS ANY OF THE FOLLOWING: 10 (i) THE FARMLAND WOULD COMPLEMENT AND IS PART OF A DOCU- 11 MENTED, LONG-RANGE EFFORT OR PLAN FOR LAND PRESERVATION BY THE 12 GOVERNING BODY OF THE LOCAL UNIT OF GOVERNMENT. 13 (ii) THE FARMLAND IS LOCATED WITHIN AN AGRICULTURAL SECURITY 14 AREA OR AN AREA THAT COMPLEMENTS OTHER LAND PROTECTION EFFORTS BY 15 CREATING A BLOCK OF FARMLAND. 16 (iii) THE FARMLAND IS ADJACENT TO FARMLAND THAT IS SUBJECT 17 TO AN AGRICULTURE CONSERVATION EASEMENT OR OTHER EASEMENT THAT 18 RESTRICTS DEVELOPMENT ON THE LAND IN PERPETUITY. 19 (C) THE AMOUNT OF MATCHING FUNDS OR PERCENTAGE OF THE AGRI- 20 CULTURE CONSERVATION EASEMENT THAT IS DONATED FROM THE LOCAL UNIT 21 OF GOVERNMENT OR OTHER PERSON, IN EXCESS OF THE MINIMUM MATCH 22 AMOUNT REQUIRED. 23 (D) WHETHER THE FARMLAND IS FACED WITH DEVELOPMENT PRESSURE 24 THAT WILL PERMANENTLY ALTER THE ABILITY FOR THAT LAND TO BE USED 25 FOR PRODUCTIVE AGRICULTURAL ACTIVITY. 26 (E) WHETHER THE FARMLAND IS ENROLLED UNDER PART 361. 00298'99 5 1 (F) WHETHER THE FARMLAND HAS A CONSERVATION PLAN APPROVED BY 2 A SOIL CONSERVATION DISTRICT UNDER PART 93. 3 (4) THE BOARD SHALL CONSIDER ALL OF THE FOLLOWING IN REVIEW- 4 ING GRANT APPLICATIONS FOR THE ACQUISITION OF RESOURCE CONSERVA- 5 TION EASEMENTS: 6 (A) WHETHER THE ACQUISITION IS AT A MINIMUM CONSISTENT WITH 7 TECHNICAL SPECIFICATIONS ESTABLISHED BY THE UNITED STATES DEPART- 8 MENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE. 9 (B) WHETHER THE ACQUISITION IS CONSISTENT WITH LOCAL CONSER- 10 VATION PLANS. 11 (C) WHETHER THE ACQUISITION WOULD COMPLEMENT FEDERAL, STATE, 12 LOCAL, OR PRIVATE PROGRAMS THAT REDUCE NONPOINT SOURCE POLLUTION, 13 IMPROVE WATER QUALITY, OR ENHANCE WILDLIFE HABITAT. 14 (D) THE DEGREE TO WHICH THE RESOURCE CONSERVATION EASEMENT 15 WOULD RESULT IN OFF-SITE BENEFITS. 16 (E) THE PERCENTAGE OF THE RESOURCE CONSERVATION EASEMENT 17 DONATED. 18 (F) WHETHER PUBLIC ACCESS IS GRANTED TO THE LAND SUBJECT TO 19 THE RESOURCE CONSERVATION EASEMENT. 20 (G) THE TYPE OF VEGETATIVE COVER TO BE MAINTAINED. 21 (5) THE BOARD SHALL DEVELOP A STANDARDIZED NONAPPRAISAL 22 BASED SCORING FORMULA FOR EVALUATING THE CRITERIA LISTED IN 23 SUBSECTIONS (3) AND (4). THE BOARD SHALL PROVIDE THE FORMULA 24 DEVELOPED FOR SUBSECTION (4) TO THE DEPARTMENT OF NATURAL 25 RESOURCES FOR ITS CONSIDERATION IN EVALUATING ITS ACQUISITION OF 26 RESOURCE CONSERVATION EASEMENTS. 00298'99 6 1 (6) THE DEPARTMENT SHALL PROVIDE THE BOARD WITH STAFF AND 2 ASSISTANCE NECESSARY TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS 3 PART. 4 (7) THE LEGISLATURE SHALL APPROVE BY LAW THE GRANTS TO BE 5 FUNDED WITH MONEY IN THE TRUST FUND. 6 SEC. 36206. (1) UPON APPROPRIATION, THE DEPARTMENT SHALL 7 DISTRIBUTE GRANTS TO RECIPIENTS. THE DEPARTMENT SHALL CONDITION 8 THE RECEIPT OF A GRANT UPON THE DEPARTMENT'S APPROVAL OF THE 9 AGRICULTURE CONSERVATION EASEMENT OR THE RESOURCE CONSERVATION 10 EASEMENT, AS APPROPRIATE. 11 (2) IN REVIEWING PERMITTED USES CONTAINED WITHIN AN AGRICUL- 12 TURE CONSERVATION EASEMENT UNDER SUBSECTION (1), THE DEPARTMENT 13 SHALL CONSIDER ALL OF THE FOLLOWING: 14 (A) WHETHER THE USE ADVERSELY AFFECTS THE PRODUCTIVITY OF 15 FARMLAND. 16 (B) WHETHER THE USE MATERIALLY ALTERS OR NEGATIVELY AFFECTS 17 THE EXISTING CONDITIONS OR USE OF THE LAND. 18 (C) WHETHER THE USE RESULTS IN A MATERIAL ALTERATION OF AN 19 EXISTING STRUCTURE TO A NONAGRICULTURAL USE. 20 (D) WHETHER THE USE CONFORMS WITH ALL APPLICABLE FEDERAL, 21 STATE, AND LOCAL LAWS AND ORDINANCES. 22 SEC. 36207. THE CONVEYANCE OF AN AGRICULTURAL CONSERVATION 23 EASEMENT OR A RESOURCE CONSERVATION EASEMENT UNDER THIS PART OR 24 PART 361 SHALL NOT AFFECT THE ASSESSED VALUATION OF THE PROPERTY 25 UNDER THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 26 211.157. 00298'99 7 1 SEC. 36208. THE DEPARTMENT MAY PROMULGATE RULES TO 2 IMPLEMENT THIS PART. 3 Enacting section 1. This amendatory act does not take 4 effect unless Senate Bill No. _____ or House Bill No. _____ 5 (request no. 00297'99) of the 90th Legislature is enacted into 6 law. 00298'99 Final page. JCB