HF 998

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 05:38pm

A bill for an act
relating to natural resources; providing for audits and reviews of soil and water
conservation districts; amending Minnesota Statutes 2014, sections 103C.331,
subdivision 16; 103C.401, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 103C.331, subdivision 16, is amended to
read:

Subd. 16.

Budget.

new text begin (a) new text end The district board shall annually present a budget consisting
of an itemized statement of district expenses for the ensuing calendar year to the boards of
county commissioners of the counties in which the district is located. The county boards
deleted text begin may deleted text end new text begin must new text end levy an annual tax on all taxable real property in the district for the amount deleted text begin that
the boards determine is necessary to meet the requirements of the district deleted text end new text begin presented in the
budget new text end . The amount levied shall be collected and distributed to the district as prescribed
by chapter 276. The amount may be spent by the district board for a district purpose
authorized by law.

new text begin (b) A county board of commissioners may appeal the budget amount submitted
under paragraph (a) to the state board if the county board believes that the funding level
exceeds the amount necessary to comply with statewide programs and policies or that the
district is not complying with statewide programs and policies.
new text end

Sec. 2.

Minnesota Statutes 2014, section 103C.401, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

In addition to the powers and duties of the state
board provided by other law, the state board shall:

(1) offer to assist the district boards to implement their programs;

(2) keep the district boards of the state informed of the activities and experience of
other districts and facilitate cooperation and an interchange of advice and experience
among the districts;

(3) coordinate the programs and activities of the districts with appropriate agencies
by advice and consultation;

(4) approve or disapprove the plans or programs of districts relating to the use of
state funds administered by the state board;

(5) secure the cooperation and assistance of agencies in the work of the districts
and develop a program to advise and assist appropriate agencies in obtaining state and
federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
control programs;

(6) develop and implement a public information program concerning the districts'
activities and programs, the problems and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood prevention, and the advantages of
formation of districts in areas where their organization is desirable;

(7) consolidate districts without a hearing or a referendum;

(8) assist the statewide program to inventory and classify the types of soils in the
state as determined by the Minnesota Cooperative Soil Survey;

(9) identify research needs and cooperate with other public agencies in research
concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
related pollution, the amounts and sources of sediment and pollutants delivered to the
waters of the state, and long-term soil productivity;

(10) develop structural, land use management practice, and other programs to reduce
or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;

(11) develop a system of priorities to identify the erosion, flooding, sediment, and
agriculturally related pollution problem areas that most need control systems;

(12) ensure compliance with statewide programs and policies established by the state
board by advice, consultation, and approval of grant agreements with the districts; deleted text begin and
deleted text end

(13) service requests from districts to consolidate districts across county boundaries
and facilitate other agreed-to reorganizations of districts with other districts or other local
units of government, including making grants, within the limits of available funds, to
offset the cost of consolidation or reorganization deleted text begin . deleted text end new text begin ;
new text end

new text begin (14) audit district budgets upon appeals of county boards of commissioners
involving excessive budget requests under section 103C.331, subdivision 16. An audit
must determine whether adequate funding is available for the district to comply with
statewide programs and policies. If the audit determines that the budget amount exceeds
the amount necessary to comply with statewide programs and policies, the state board
must reduce the budget amount; and
new text end

new text begin (15) review appeals of county boards of commissioners involving noncomplying
districts under section 103C.331, subdivision 16. If a review determines that a district is
not in compliance with statewide programs and policies, the state board must develop a
plan with the district to ensure compliance with statewide programs and policies.
new text end