HF 1028

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 08:20pm

A bill for an act
relating to local government; discontinuing the Hennepin Soil and Water
Conservation District and transferring its duties; proposing coding for new law
in Minnesota Statutes, chapter 383B.

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

Section 1.

new text begin [383B.761] DISCONTINUANCE OF HENNEPIN COUNTY SOIL
AND WATER CONSERVATION DISTRICT; TRANSFER OF DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Petition. new text end

new text begin Notwithstanding section 103C.225, the Hennepin County
Board of Commissioners may petition the Minnesota Board of Water and Soil Resources
to discontinue the Hennepin Soil and Water Conservation District and transfer the duties
and authorities of the district to the Hennepin County Board of Commissioners. The
Minnesota Board of Water and Soil Resources has 60 days from the receipt of the petition
to conduct its review. The Minnesota Board of Water and Soil Resources shall make
its determination regarding the petition no later than its first regular meeting following
the 60-day review period.
new text end

new text begin Subd. 2. new text end

new text begin Discontinuance. new text end

new text begin The Minnesota Board of Water and Soil Resources shall
review the petition submitted under subdivision 1 to determine whether progress toward the
goals identified in section 103C.005 can be achieved by discontinuing the Hennepin Soil
and Water Conservation District and transferring the duties and authorities of the district to
the Hennepin County Board of Commissioners. If the Board of Water and Soil Resources
determines that progress toward the goals identified in section 103C.005 can be achieved
by the discontinuance of the district and the transfer of district duties and authorities to the
Hennepin County Board of Commissioners, the board shall order the discontinuance of the
Hennepin Soil and Water Conservation District. The order shall become effective within
60 days from the date of the order. The Minnesota Board of Water and Soil Resources may
discontinue the Hennepin Soil and Water Conservation District without a referendum.
new text end

new text begin Subd. 3. new text end

new text begin Transfer of duties and authorities. new text end

new text begin Upon discontinuance of the
Hennepin Soil and Water Conservation District by the Minnesota Board of Water and Soil
Resources, the Hennepin County Board of Commissioners has the duties and authorities
of a soil and water conservation district. The Hennepin County Board of Commissioners
may assign these duties and responsibilities to the Hennepin County Department of
Environmental Services or other county departments as deemed appropriate by the county
board. All contracts in effect on the date of the discontinuance of the district, to which
the Hennepin Soil and Water Conservation District is a party, remain in force and effect
for the period provided in the contracts. Hennepin County shall be substituted for the
Hennepin Soil and Water Conservation District as party to the contracts and succeed
to the district's rights and duties.
new text end

new text begin Subd. 4. new text end

new text begin Transfer of assets. new text end

new text begin The Hennepin Conservation District Board of
Supervisors shall transfer the assets of the district to the Hennepin County Board of
Commissioners no later than 60 days from the date of the order. The Hennepin County
Board of Commissioners shall use the transferred assets for purposes of implementing the
transferred duties and authorities.
new text end

new text begin Subd. 5. new text end

new text begin Grants. new text end

new text begin Upon discontinuance of the Hennepin Soil and Water
Conservation District by the Minnesota Board of Water and Soil Resources, Hennepin
County has the eligibility of a soil and water conservation district for state grant funds.
new text end

new text begin Subd. 6. new text end

new text begin Reestablishment. new text end

new text begin The Hennepin County Board of Commissioners may
petition the Minnesota Board of Water and Soil Resources to reestablish the Hennepin
Soil and Water Conservation District. Alternatively, the Minnesota Board of Water
and Soil Resources under its authority in section 103B.201, and after giving notice
of corrective actions and time to implement the corrective actions, may reestablish the
Hennepin Soil and Water Conservation District if it determines the goals identified in
section 103C.005 are not being achieved. The Minnesota Board of Water and Soil
Resources may reestablish the Hennepin Soil and Water Conservation District under this
subdivision without a referendum.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day after
the governing body of Hennepin County and its chief clerical officer timely complete their
compliance with section 645.021, subdivisions 2 and 3.
new text end