Introduction
Many states have developed an impressive policy capacity
to slow sprawl, including statewide growth plans, smart
growth legislation, mapping out green infrastructure, and
conservation financing. The following bills are examples
of differing, yet effective approaches to conservation funding.
While funding levels and mechanisms differ among states,
all effective conservation funding legislation should:
- Include provisions for matching funds;
- Include an objective panel to review project proposals;
- Allow for public access;
- Provide options in the types of protection available;
and
- Make room for the expertise of local governments, nonprofit
organizations and, sometimes, private citizens.
For each, the concept of long-term protection of critically
identified areas is the foremost goal. Human life depends
on healthy ecosystems. They purify our air and water, detoxify
and decompose wastes, regulate the climate, regenerate soil
fertility, and produce and maintain biodiversity, from which
key ingredients of our agricultural, pharmaceutical, and
industrial enterprises are derived. Conservation is not
an investment that produces a quick profit; it’s a smart
buy, with immeasurable, long-term rewards. And, if we do
not invest in it today, we will miss out on those rewards,
and cut off the very lifelines that insure our survival.
Existing State Laws
Arizona
In 1990, Arizona established the Heritage
Fund, which uses proceeds from the state’s lottery to
provide $10 million a year to preserve natural and cultural
resources, and to promote environmental education.
California
In 1990, California voters approved the Wildlife Protection
Act. This act created the Habitat Conservation Fund, which
uses funds from the state’s cigarette tax to provide $30
million, over a 30-year period, for the acquisition and
restoration of wetland, stream, and riparian habitat.
Colorado
Great Outdoors Colorado (GOCO)
Colorado has a heritage rooted in the outdoors. In the
face of a rapidly growing population (34% between 1990 and
2001), both its citizens and politicians have made land
conservation a priority. This priority is reflected in the
accomplishments of Great
Outdoors Colorado (GOCO). Between 1994 and April 2003,
$338 million in GOCO funds were allocated to 1,800 conservation
projects, including 361,145 acres of open space preservation
and 47,041 acres of parks and wildlife areas. GOCO owes
its success, in large part, to its unorthodox, yet highly
stable funding source – half the state’s lottery proceeds
are dedicated to GOCO. It received $46.5 million from lottery
proceeds in FY 2002 alone. This invaluable source of cash
is immune from cuts because it is separate from the state
budget. GOCO gets an additional boost through a voter-approved
bonding authority of up to $115 million per year. The 17-member
governor-appointed, senate-approved GOCO board runs seven
grant programs that require up to 50 percent matching funds
from local communities.
Florida
From 1990-2000, Florida’s Preservation
2000 provided funds generated from bond revenue and
a documentary stamp tax on real estate transfers for land
acquisition programs. With the help of $3 billion over 10
years and provisions for local government matches to state
funds, the program was instrumental in the preservation
of over 1 million acres over a 10-year tenure. As the program
came to an end, overwhelming bi-partisan support led to
its successor program, Florida
Forever.
Illinois
The Illinois Department of Natural Resources’ Open
Space Lands Acquisition and Development (OSLAD) Program
was created in 1985. Since its inception, $161 million in
matching grants to local conservation authorities and organizations
for 900 conservation projects have been allocated. This
highly successful program is run by the state Department
of Natural Resources, and is funded by the real estate transfer
tax. Project proposals are based on how well they address
state and local conservation issues identified in Illinois’
Statewide Comprehensive Outdoor Recreation Plan.
Indiana
The Indiana
Heritage Trust was established in 1992 to ensure that
Indiana’s rich natural heritage would be preserved
and enhanced for present and succeeding generations. The
trust acquires state interests in real property that are
examples of outstanding natural resources and habitats;
have historical or archaeological significance; or, provide
areas for conservation, recreation, protection, or restoration
of native biological diversity within the state of Indiana.
The use of the power of eminent to carry out its purposes
is expressly prohibited. In the past, the Indiana legislature
has provided the Indiana Heritage Trust with about 25% of
its funding. Proceeds from Environmental License Plates
provides some 27% of IHT funds, with the remaining 48% coming
from partnering organizations that are interested in protecting
heritage. Due to the national recession, legislative appropriations
have ceased.
Iowa
In 1989, Iowa established the Resource
Enhancement and Protection Program (REAP). REAP utilizes
a combination of funding sources including lottery sales,
the general fund, and environmental license plate sales
to acquire and manage public lands, upgrade public parks
and preserves, and provide additional environmental education,
monitoring, and research at a level upwards of $10 million
a year with only one percent allocated to administrative
costs.
Maryland
Created by the state legislature in 1969, Program
Open Space provides funding for the acquisition of park
land, forests, wildlife habitat, greenways, and natural,
scenic, and cultural resources. Funded by the state real
estate transfer tax, Program Open Space is an example of
one of the first and longest running conservation funding
programs.
Massachusetts
Community Preservation Act (CPA)
The Community
Preservation Act (CPA) forges a strong bond between
state and local authorities and conservation organizations.
CPA funds provided $26 million in matching grants between
2000 and 2003 to municipalities that passed Community Preservation
Trusts. The program is funding by charges on recording fees.
Minnesota
Minnesota boasts not just one comprehensive conservation
policy, but an entire toolbox of conservation strategies
and funding sources. The state’s use of general obligation
bonds for conservation purposes is 46 percent above the
national average. In addition to generous bond issuances,
Minnesota uses lottery revenue, a cigarette tax, and fees
from environmental license plates to fund conservation projects.
Among Minnesota’s many notable conservation programs are
its Environment
and Natural Resources Trust Fund, and the Reinvest in
Minnesota Reserve Program. The Environment and Natural Resources
Trust Fund was approved by voters in 1988. The fund receives
40% of the revenue from state lottery sales (approximately
$25 million annually) and is administered by a bipartisan
joint legislative commission. The Reinvest in Minnesota
Reserve Program authorizes the Department
of Natural Resources to purchase conservation easements
from willing landowners in exchange for landowners agreeing
to specific actions, such as ending grazing or enhancing
habitat.
New Jersey
Approved 2-1 in a 1998 ballot initiative, the Garden
State Preservation Trust Act established a trust fund
account of $98 million per year from bond sales and sales
and use tax revenue. Funds are used for the preservation
of open space, historic areas, agricultural lands, acquisition,
park development, and maintenance.
New York
In 1993, New York established the Environmental
Protection Fund, which is a permanent, dedicated fund
for natural areas acquisition and other environmental programs.
With a funding base of up to $50 million per year through
the sale of “bluebird” license plates and real estate transfer
tax, the program allows for purchase of fee-title land,
conservation and agricultural easements, and agreements
with nonprofit organizations to purchase specific parcels
from them.
South Carolina
Starting in July 2004, the South
Carolina Conservation Bank Act will allow the state
to regularly issue grants to buy land or purchase development
rights from landowners. The program will receive $9 million
per year through a portion of the real estate transfer fee.
Supported by a bipartisan coalition of business associations,
outdoors groups, and environmental organizations, it will
allow the state to spend millions of dollars to protect
wildlands from development.
Pennsylvania
When signed into law in 1999, Pennsylvania’s Growing
Greener Program planned to invest nearly $650 million
over the following five years to preserve farmland and protect
open space; clean up abandoned mines and restore watersheds;
and, provide new and upgraded water and sewer systems. |