Colorado § 12-15-103 - Conservation easement oversight commission - created.

§ 12-15-103. Conservation easement oversight commission - created.

(1) There is created in the division a conservation easement oversight commission. The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division. The commission consists of nine members as follows:

(a) One voting member representing the great outdoors Colorado trust fund, appointed by and serving at the pleasure of the executive director of the state board of the great outdoors Colorado trust fund;

(b) One voting member representing the department of natural resources, appointed by and serving at the pleasure of the executive director of the department of natural resources;

(c) One voting member representing the department of agriculture, appointed by and serving at the pleasure of the commissioner of agriculture;

(d) Four voting members appointed by the governor as follows:

(I) Two voting representatives of certified conservation easement holders;

(II) A voting individual who is competent and qualified to analyze the conservation purpose of conservation easements; and

(III) A voting individual who meets the definition of "socially disadvantaged farmer or rancher" in 7 U.S.C. sec. 2279;

(e) Two voting members of the general public, one appointed by the president of the senate to serve at the pleasure of the president and one appointed by the speaker of the house of representatives to serve at the pleasure of the speaker. Appointments made pursuant to this subsection (1)(e) are for three-year terms and no member shall serve more than two consecutive terms.

(2) In making appointments to the commission, the governor shall consult with the three members of the commission appointed pursuant to subsections (1)(a) to (1)(c) of this section and with appropriate organizations representing the particular interest or area of expertise that the appointees in subsections (1)(d)(I) and (1)(d)(II) of this section represent. Not more than two of the governor's appointees serving at the same time shall be from the same political party. In making the initial appointments, the governor shall appoint one member for a term of two years. All other appointments by the governor are for terms of three years. No member shall serve more than two consecutive terms. In the event of a vacancy by death, resignation, removal, or otherwise, the governor shall appoint a member to fill the unexpired term. The governor may remove any member for misconduct, neglect of duty, or incompetence.

(3) (a) At the request of the division or the department of revenue, the commission shall advise the division and the department of revenue regarding conservation easements for which a state income tax credit is claimed pursuant to section 39-22-522.

(b) The commission shall review conservation easement tax credit certificate applications and requests for optional preliminary advisory opinions in accordance with section 12-15-106.

(4) The commission shall meet at least quarterly. The division shall convene the meetings of the commission and provide staff support as requested by the commission. A majority of the voting members of the commission constitutes a quorum for the transaction of all business, and actions of the commission require a vote of a majority of the voting members present in favor of the action taken. The commission may delegate to the director of the division the authority to act on behalf of the commission on occasions and in circumstances that the commission deems necessary for the efficient and effective administration and execution of the commission's responsibilities under this article 15.

(5) The commission shall establish a conflict-of-interest policy to ensure that any member of the commission is disqualified from performing an act that conflicts with a private pecuniary interest of the member or from participating in the deliberation or decision-making process for certification for an applicant represented by the member.

(6) The commission shall advise and make recommendations to the director of the division regarding the certification of conservation easement holders in accordance with section 12-15-104.

(7) Commission members are immune from liability in accordance with the provisions of the "Colorado Governmental Immunity Act", article 10 of title 24.

(8) Repealed.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 718, § 1, effective October 1; (8) amended, (HB 19-1264), ch. 420, p. 3681, § 13, effective October 1. L. 2022: IP(1) amended, (SB 22-162), ch. 469, p. 3393, § 114, effective August 10. L. 2024: IP(1), (1)(a), IP(1)(d), and (1)(d)(I) amended, (1)(d)(III) added, and (8) repealed, (SB 24-126), ch. 211, p. 1290, § 2, effective August 7. L. 2025: IP(1) amended, (SB 25-275), ch. 377, p. 2041, § 56, effective August 6.

Editor's note: (1) This section is similar to former § 12-61-1103 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in HB 19-1264. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019.

Cross references: (1) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

(2) For the legislative declaration in SB 24-126, see section 1 of chapter 211, Session Laws of Colorado 2024.