(2)

1. (a) Subsection (1) does not apply to any donation of property, funds, or services to an agency that is:

   1. (i) expressly required by statute, ordinance, or agency rule;
   2. (ii) mutually agreed to between the applicant and the entity issuing the permit, approval, or other authorization;
   3. (iii) made voluntarily by the applicant; or
   4. (iv) a condition of a consent decree, settlement agreement, or other binding instrument entered into to resolve, in whole or in part, an actual or threatened agency enforcement action.

2. (b) If a person donates property, funds, or services to an agency, the agency shall, as part of the permit or other written authorization:

   1. (i) identify that a donation has been made;
   2. (ii) describe the donation;
   3. (iii) certify, in writing, that the donation was voluntary; and
   4. (iv) place that information in its files.