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1997 SESSION

974804488
HOUSE BILL NO. 2044
Offered January 13, 1997
A BILL to amend the Code of Virginia by adding sections numbered 10.1-1801.1 and 10.1-1801.2, relating to the Open-space Lands Preservation Trust Fund.
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Patrons-- Wilkins, Abbitt, Albo, Baker, Barlow, Behm, Bloxom, Brickley, Bryant, Callahan, Cantor, Christian, Connally, Councill, Cox, Croshaw, Crouch, Darner, Deeds, Dickinson, Dillard, Drake, Dudley, Forbes, Griffith, Guest, Hall, Hamilton, Hargrove, Howell, Ingram, Johnson, Katzen, Kilgore, Landes, Marshall, May, McClure, McDonnell, Mims, Morgan, Murphy, Nelms, Nixon, O'Brien, Orrock, Parrish, Phillips, Plum, Puller, Purkey, Putney, Reid, Rhodes, Robinson, Rollison, Ruff, Rust, Scott, Sherwood, Spruill, Stump, Tata, Thomas, Van Landingham, Wagner, Wardrup, Watkins, Watts, Way, Weatherholtz and Woodrum; Senators: Benedetti, Bolling, Chichester, Couric, Edwards, Hanger, Hawkins, Holland, Lambert, Martin, Marye, Maxwell, Newman, Norment, Potts, Reasor, Schrock, Stolle, Ticer, Waddell, Walker, Whipple and Woods
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Referred to Committee on Conservation and Natural Resources
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 10.1-1801.1 and 10.1-1801.2 as follows:

§ 10.1-1801.1. Open-space Lands Preservation Trust Fund.

A. The Foundation shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special nonreverting fund in the state treasury to be known as the Open-space Lands Preservation Trust Fund, hereinafter referred to as the Fund. The Foundation shall establish and administer the Fund solely for the purpose of providing grants in accordance with this section to persons conveying conservation easements, as defined by §10.1-1009, on agricultural, forestal, or other open-space land pursuant to the Open-space Land Act (§§ 10.1-1700 et seq.) and, if applicable, the Virginia Conservation Easement Act (§§ 10.1-1009 et seq.).

B. The Fund shall consist of general fund moneys, gifts, endowments or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private.

C. Any moneys remaining in the Fund at the end of a biennium shall remain in the Fund, and shall not revert to the general fund. Interest earned on moneys received by the Fund shall remain in the Fund and be credited to it.

D. The purpose of grants made from the Fund shall be to aid persons conveying conservation easements with the costs associated with such a conveyance, which may include legal costs, appraisal costs or all or part of the value of the easement. To be eligible for a grant award, the conservation easement shall provide that:

1. The easement is perpetual in duration;

2. The easement is conveyed to the Foundation and a local co-holder; and

3. If the local co-holder ceases to exist, the easement shall vest solely in the Foundation.

For the purposes of this section, "local co-holder" means the governing body of the locality in which the easement is located; a holder, as defined in § 10.1-1009; a public recreational facilities authority; or a soil and water conservation district, if authorized to hold an easement under the Open-space Land Act (§§ 10.1-1700 et seq.).

E. In awarding grants from the Fund, the Foundation shall consider the recommendations of the regional advisory boards established pursuant to § 10.1-1801.2. The Foundation shall establish guidelines for submittal and evaluation of grant applications. In evaluating grant applications, the Foundation may give priority to applications that:

1. Request a grant to pay only legal and appraisal fees for a conservation easement that is being donated by the landowner;

2. Request a grant to pay costs associated with conveying a conservation easement on a family owned or operated farm; or

3. Demonstrate the applicant's financial need for a grant.

F. No open-space land for which a grant has been awarded under this section shall be converted or diverted from open-space land use until:

1. The conversion or diversion is determined by the Foundation and co-holder to be (i) essential to the orderly development and growth of the locality and (ii) in accordance with the official comprehensive plan for the locality in effect at the time of the conversion or diversion; and

2. There is substituted for the easement on the land diverted or converted, a conservation easement on land which is (i) of greater value as permanent open-space land than the land diverted or converted and (ii) as nearly as feasible, of equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted; and

3. Such substituted conservation easement meets the grant eligibility requirements of this section.

Where the requirements of this subsection conflict with those in § 10.1-1704, this subsection shall control.

G. If a local co-holder of an easement for which a grant has been awarded under this section ceases to exist, the Foundation shall within two years convey the interest in the easement that was held by the local co-holder to another qualified local co-holder.

§ 10.1-1801.2. Regional open-space preservation advisory boards.

The Foundation shall establish six regional open-space preservation advisory boards to evaluate grant applications and develop recommendations for the distribution of funds to grant applicants. Each board shall have eight members who shall be appointed by the Governor and shall serve without compensation. Each board shall include a local government official, a representative of an organization meeting the definition of "holder" in § 10.1-1009, a representative of a sportsmen's organization, an elected director of a soil and water conservation district, a farmer, and one representative each of the tourism, forestry and real estate industries. Initial appointments shall be made on a staggered basis as follows: three members of each board shall initially be appointed for two years, three members of each board shall be initially appointed for three years, and two members of each board shall be appointed for four-year terms. The Governor shall designate the term to be served by each appointee at the time of appointment. Thereafter, all members shall be appointed for terms of four years each. Vacancies occurring, other than by expiration of a term, shall be filled by the Governor in the same manner as the original appointment for the remainder of the unexpired term. No member shall serve more than two consecutive full terms. The six regions shall be composed as follows:

1. Region 1 shall consist of the area contained within the Headwaters, Mountain Castles, Lord Fairfax, Natural Bridge, Mountain, and Shenandoah Valley Soil and Water Conservation Districts.

2. Region 2 shall consist of the area contained within the Culpeper, Northern Virginia, John Marshall, Prince William, Loudoun and Thomas Jefferson Soil and Water Conservation Districts.

3. Region 3 shall consist of the area contained within the Colonial, James River, Three Rivers, Hanover-Caroline, Monacan, Tidewater, Henricropolis, Northern Neck and Tri-County Soil and Water Conservation Districts.

4. Region 4 shall consist of the area contained within the Big Walker, Evergreen, Natural Tunnel, Tazewell, Clinch Valley, Holston River, New River, Daniel Boone, Lonesome Pine and Skyline Soil and Water Conservation Districts.

5. Region 5 shall consist of the area contained within the Blue Ridge, Peaks of Otter, Pittsylvania, Halifax, Peter Francisco, Robert E, Lee, Patrick, Piedmont and Southside Soil and Water Conservation Districts.

6. Region 6 shall consist of the area contained within the Appomattox River, Peanut, Eastern Shore, Virginia Dare and J.R. Horsely Soil and Water Conservation Districts.

Areas which are not part of any soil and water conservation district shall be part of the region containing districts contiguous to the area. Each board member shall reside in the region for which his board is appointed. Each board shall evaluate grant applications for those applicants who propose to convey easements located within the region. Of the applications each board considers, the board shall identify the applications that will provide the most significant open-space preservation benefits according to guidelines and timetables developed by the Foundation, and forward these recommendations to the Foundation.