HB1639: Watershed development commissions.

Legislative Summary

Watershed development commissions. Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission and that the proposed watershed development commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Allows a watershed development commission to be established for certain flood damage reduction, drainage, storm water management, recreation, and water infrastructure purposes, but provides that "water infrastructure purposes" excludes any drinking water project in a county or municipality. Requires the natural resources commission, in deciding whether to recognize a proposed watershed development commission, to answer certain questions. Provides that a nonmember county may become a member of an established watershed development commission if its membership is accepted by the member counties and recognized by the natural resources commission. Requires the department of natural resources (department), with the approval of the natural resources commission, to certify the area of a member county that is within a watershed development commission's designated watershed. Provides that a watershed development commission may also have water quality purposes if its board develops a water quality improvement plan that is approved by the natural resources commission. Specifies that a water quality purpose, goal, project, or interstate agreement does not convey water quality regulatory authority to a watershed development commission. Provides for a watershed development commission to be governed by a board that includes: (1) the director of the department or the director's designee; (2) the county surveyor of each county that is a member of the commission and is entitled to membership on the board; (3) an individual other than the county surveyor representing each county that is a member of the commission and is entitled to membership on the board; and (4) either: (A) one individual appointed to represent each second class city that is located in a participating county and within the designated watershed of the watershed development commission; or (B) if a participating county does not include a second class city that is located within the designated watershed of the watershed development commission, one individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the designated watershed of the watershed development commission. Requires a watershed development commission to develop a flood damage reduction and drainage plan for its designated watershed. Grants a watershed development commission exclusive authority to perform drainage and flood damage reduction activities within the channel of the river that is the surface water outlet of its designated watershed. Authorizes a watershed development commission to enter into an interlocal cooperation agreement with an existing local governmental authority to apportion flood damage reduction authority and financial support between the two entities. Provides for the funding of a watershed development commission through an annual special assessment that may be imposed against each taxable parcel of real property located: (1) in a member county; and (2) within the designated watershed of the watershed development commission. Establishes maximum assessment levels and allows the board of a watershed development commission to reduce the special assessment to lower levels. Authorizes a member county to adopt any of three alternative methods of funding the watershed development commission. Prohibits the use of money collected from a special assessment for highway bridge repairs or reconstruction. Authorizes a watershed development commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Establishes a procedure under which the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission may be transformed into a watershed development commission. Provides that if the St. Joseph River basin commission is transformed into a watershed development commission, the members of the St. Joseph River basin commission become the first members of the St. Joseph River watershed development commission's advisory committee.