HF 735

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 04:37pm

A bill for an act
relating to taxation; establishing an aid program for soil and water conservation
districts; appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 477A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [477A.23] SOIL AND WATER CONSERVATION DISTRICT AID.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
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new text begin (1) "joint powers entity" means a joint powers entity created by section 471.59;
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new text begin (2) "nonpublic lands" means "real property" as defined by section 272.03 that is not
owned by the federal government, the state, or a local government unit; and
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new text begin (3) "soil and water conservation district" means a district created by chapter 103C, and
that is implementing the duties under that chapter as determined by the Board of Water and
Soil Resources as of the board's certification to the commissioner of revenue required by
subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to provide ongoing financial support
to soil and water conservation districts to aid in the execution of chapter 103C and other
duties and services prescribed by statute.
new text end

new text begin Subd. 3. new text end

new text begin Distribution. new text end

new text begin The Board of Water and Soil Resources must calculate the amount
of aid to be distributed to the certified soil and water conservation districts from the
appropriation in subdivision 7 as follows:
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new text begin (1) 70 percent of the appropriation must be distributed equally among the districts;
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new text begin (2) 20 percent of the appropriation must be distributed proportionally among the districts
according to the amount of nonpublic land located in a district as compared to the amount
of nonpublic land in the state; and
new text end

new text begin (3) ten percent of the appropriation must be distributed proportionally among the districts
on a tiered basis according to the population in the district as compared to the total state
population included in the latest United States Census data.
new text end

new text begin Subd. 4. new text end

new text begin Certification to commissioner. new text end

new text begin On or before June 1 each year, the Board of
Water and Soil Resources must certify to the commissioner of revenue the soil and water
conservation districts that will receive a payment under this section and the amount of each
payment.
new text end

new text begin Subd. 5. new text end

new text begin Use of proceeds. new text end

new text begin (a) Notwithstanding section 103C.401, subdivision 2, a soil
and water conservation district that receives a distribution under this section must use the
proceeds to implement chapter 103C and other duties and services as prescribed by statute.
new text end

new text begin (b) The board of each soil and water conservation district must establish, by resolution,
annual guidelines for using payments received under this section. Current year guidelines
and guidelines from the year immediately prior must be posted on the district's website.
new text end

new text begin (c) A soil and water conservation district that receives a payment under this section may
use the proceeds directly or may appropriate any portion of the payment to a governmental
unit with which the district has a cooperative agreement under section 103C.231. Any
payment received under this section and appropriated by the district must be used as required
under this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Payments. new text end

new text begin The commissioner of revenue must distribute soil and water
conservation district aid in the same manner and at the same times as aid payments provided
under section 477A.015.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin $22,000,000 is annually appropriated from the general fund
to the commissioner of revenue to make the payments required under this section.
new text end

new text begin Subd. 8. new text end

new text begin Aid amount corrections. new text end

new text begin If there is a clerical error made in calculating an aid
payment under this section, the Board of Water and Soil Resources shall recertify the correct
amounts to the commissioner of revenue and communicate the error and the corrected
amount to the affected soil and water conservation district as soon as practical after the error
is discovered. The commissioner of revenue shall then distribute additional aid payments
in the same manner as additional aid payments are made under section 477A.014. The
additional aid payments shall be made from the general fund and shall not diminish the
distributions made to other soil and water conservation districts under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with aids payable in 2023 and
thereafter.
new text end