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April 2004 state briefs In Maryland ... The legislature finally passed a budget - along with an expected $800 million shortfall and further cuts to programs this fiscal year - with the legislature closing its 2004 session April 12. With Gov. Robert Ehrlich rejecting new taxes and the House Democratic leadership rejecting slot machines as a revenue booster, program budgets continue to be vulnerable to severe cuts, including programs under Program Open Space despite its dedicated transfer tax revenue stream. The state's real estate transfer tax has once again been tapped to supplement the general fund - for this budget, $186 million - the largest amount ever taken from land conservation in a single year according to POS figures. The Rural Legacy Program, zeroed out in the governor's budget, received more sympathy from the legislature, which transferred $2 million to Rural Legacy from the Greenprint program, which now has $3 million instead of $5 million. The legislature rejected the governor's budget advisors' suggestion to delete language in the Rural Legacy statute that requires a minimum $5 million allocation annually. "I don't know how they can reconcile the statutory language with the fact that Rural Legacy is not getting the full $5 million;' said Steve Bunker of The Nature Conservancy. "However, since the statutory language stays, Rural Legacy remains an actively funded program." MALPF's budget appears unchanged from the governor's proposal of $5 million in bond funds, except it will receive less from its 25 percent portion of Greenprint funds. The program expects $500,000 from its ag transfer tax and $7 million in local matches. According to MDA administrative officer Doug Wilson, MALPF fared well in a session where severity in budget cuts was wide- spread. "This is Secretary Riley's cornerstone program - you can't get much better support than that. So we're hoping for a better economy. I farmland preservation report think next year there will be pressure to look at transfer taxes again. I think they like the idea of using bonds for acquisition." In Ohio ... The state program closed its third application cycle, having received 271 applications looking for purchases. The program has $3.1 million from the Clean Ohio Fund for 2004, and the pilot program's allocation of $25 million is now half depleted, according to director Howard Wise. Ashland, Fulton and Miami Counties lead the state in number of applicants, with more than 25 each. In the legislature, the state's new projection of a $300 million revenue shortfall for FY '05- amidst an overall $3 billion deficit - ended a move to offer tax incentives for agricultural security area formation. This is the second year financial incentives were erased from the bill. In New York ... The New York Department of Parks coordinated the sale of state -owned and preserved agricultural lands on Long Island Sound in March. More than half of the 529 -acre parcel, formerly owned by The Trust for Public Land, was divided up and development rights retired. Forty -five Long Island farmers entered a lottery to win the chance to purchase the available land. Seven farmers won and will pay $13,000 per acre for their allotments of tillable land of between 20.6 and 39.5 acres, according to Marsha Kenny of Peconic Land Trust. Farmland in the area sells for $50,000 per acre. In Pennsylvania ... State program totals following board approvals in March show 275,593 acres pre- served, including March approvals not yet closed, and 2,370 farms. The state has spent to date $581 million. Cumberland County will allocate $2 million in bond funds to its farmland preservation program in an attempt to cut down its backlog of 100 farm applicants. The county may borrow between $10 and $20 million to support a farmland and open space plan to be presented in May. In Michigan ... The Kent County Farm Bureau has made a challenge grant pledge to Kent County of $10,000 as start-up money for the county's as yet unfunded PDR Page 5 program, if the county puts up twice that sum. According to the Michigan Farmland and Community Alliance, several local groups have pledged money to the Kent program, including $500,000 from the Wege Foundation, $50,000 from the Lowell Area Community Foundation, and $200,000 from Steelcase. The Frey Foundation has also approved a 2 -to- 1 challenge grant of $200,000, contingent on a county allocation of at least $400,000. The program was created in 2002. Kent County lies on the eastern side of Grand Rapids. Meanwhile in Lenawee County, where a committee last November recommended a PDR program, county commissioners are split in their support and took no action on the proposal after discussion April 13. Two months ago program opponents brought an extension specialist from New Mexico to speak against easement programs (see Feb. FPR). In New Jersey... The Highlands Water Protection and Planning Act will create a 15- member council that could veto major development projeds. in -designated preservation areas. The Council will draft a master plan which would be updated every five years for preservation areas. The bill's protection provisions are ambitious: it would expand the authority of the Dept. of Environ- mental Protection and give it the right of first refusal on property sales in the Highland's preservation areas, and all development projects affecting more than one acre would require a special permit. In Virginia ... Fauquier County approved $1.3 million for PDR and will hold a public hearing on a proposed special taxing district for PDR funding this month. State PDR guidelines will be announced at a James City Co. farm June 30. ALL States: Both the House and Senate have passed reauthorizations of the transportation programs. Later this month, House and Senate negotiators are expected to write a compromise version for the president's signature. The Transpor- tation Enhancements Program was not changed in either version of the legislation. It will remain a 10% set - aside from the surface transporta- tion program. r i _