HB 1639

Bill Subjects

Flood Control; Floodways Natural Resources, State Department Of Public Works And Improvements; Public Buildings; Public Property Rivers And Streams Wabash River Heritage Corridor Commission Water, Availability And Quality Of Drinking Water Water, Pollution Watershed

Abstract

Provides that the executives of one or more counties may adopt ordinances designating their counties as members of a proposed watershed development commission (commission) and that the proposed commission is established as a legal entity with the counties as its members if it is recognized by the natural resources commission. Requires the natural resources commission, in deciding whether to recognize a proposed commission, to answer certain questions. Provides that a nonmember county may become a member of an established 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 commission's designated watershed. Sets forth certain flood damage reduction and drainage purposes for which a commission may be established. Provides that a commission may also have water quality purposes if the 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. Requires a commission to develop a flood damage reduction and drainage plan for its designated watershed and grants a commission exclusive authority to perform drainage and flood damage reduction activities within the channel of the river that is the surface water outlet of the commission's designated watershed. Authorizes, however, a commission to enter into an interlocal cooperation agreement with an existing local governmental entity having some flood damage reduction authority to apportion authority and financial support between the two entities. Provides for a commission to be governed by a board that includes the director of the department (or the director's designee) and one representative of each member county. Provides that the board of a single county commission also includes the county surveyor. Establishes an advisory committee for each commission to provide counsel to the board. Provides for the funding of a commission through an annual special assessment against each taxable parcel of real property that is located: (1) in a member county; and (2) within the designated watershed of the commission. Establishes maximum assessment levels and allows the board of a commission to reduce the special assessment to lower levels. Authorizes a member county to adopt any of three alternative methods of funding the commission. Authorizes a commission to give preference to an Indiana business over an out-of-state business in contracting for public works. Allows the Maumee River basin commission, the St. Joseph River basin commission, or the Upper Wabash River basin commission to transform into a watershed development commission if the county executives of all participating counties, by vote of at least two of the three members of the county executive, approve the proposed transformation. 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 members of the watershed development commission's advisory committee. Provides that the board of storm water management shall appoint an individual representing each second class city within each county on the watershed development commission. Provides that if a county does not have a second class city, the municipality with the largest population in the county shall appoint one individual. Specifies that if a second class city or the municipality with the largest population does not have a board of storm water management, then the executive of the second class city or of the municipality with the largest population shall make the appointment.