HB 1639 IN

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Became Law

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.

• Mike Aylesworth Republican · author
• Susan Glick Republican · sponsor

1. Jan 19, 2023 Coauthored by Representatives Ledbetter, Hamilton, Abbott · lower
2. Jan 19, 2023 Authored by Representative Aylesworth · lower
3. Jan 19, 2023 First reading: referred to Committee on Natural Resources · lower
4. Feb 2, 2023 Committee report: amend do pass, adopted · lower
5. Feb 2, 2023 Referred to the Committee on Ways and Means pursuant to House Rule 127 · lower
6. Feb 14, 2023 Committee report: do pass, adopted · lower
7. Feb 16, 2023 Amendment #1 (Dvorak) prevailed; voice vote · lower
8. Feb 16, 2023 Second reading: amended, ordered engrossed · lower
9. Feb 20, 2023 Third reading: passed; Roll Call 158: yeas 97, nays 0 · lower
10. Feb 20, 2023 Senate sponsor: Senator Glick · lower
11. Feb 21, 2023 Referred to the Senate · lower
12. Mar 1, 2023 First reading: referred to Committee on Natural Resources · upper
13. Mar 14, 2023 Committee report: amend do pass adopted; reassigned to Committee on Tax and Fiscal Policy · upper
14. Mar 14, 2023 Senator Breaux added as cosponsor · upper
15. Apr 11, 2023 Committee report: amend do pass, adopted · upper
16. Apr 13, 2023 Amendment #1 (Glick) prevailed; voice vote · upper
17. Apr 13, 2023 Amendment #2 (Glick) prevailed; voice vote · upper
18. Apr 13, 2023 Amendment #4 (Glick) prevailed; voice vote · upper
19. Apr 13, 2023 Second reading: amended, ordered engrossed · upper
20. Apr 17, 2023 Third reading: passed; Roll Call 427: yeas 47, nays 1 · upper
21. Apr 18, 2023 Returned to the House with amendments · upper
22. Apr 18, 2023 Motion to dissent filed · lower
23. Apr 18, 2023 House dissented from Senate amendments · lower
24. Apr 18, 2023 House conferees appointed: Aylesworth and Hamilton · lower
25. Apr 18, 2023 House advisors appointed: Ledbetter, Abbott and Boy · lower
26. Apr 24, 2023 Senate conferees appointed: Glick and Breaux · upper
27. Apr 24, 2023 Senate advisors appointed: Alexander and Qaddoura · upper
28. Apr 26, 2023 CCR # 1 filed in the House · lower
29. Apr 26, 2023 CCR # 1 filed in the Senate · upper
30. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 528: yeas 95, nays 0 · lower
31. Apr 27, 2023 Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 514: yeas 44, nays 5 · upper
32. Apr 28, 2023 Signed by the President of the Senate · upper
33. Apr 28, 2023 Signed by the President Pro Tempore · upper
34. May 1, 2023 Signed by the Speaker · lower
35. May 4, 2023 Signed by the Governor · executive
36. May 4, 2023 Public Law 251 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 27, 2023 · PDF
• Introduced House Bill (H) · Jan 19, 2023 · PDF
• House Bill (H) · Feb 2, 2023 · PDF
• House Bill (H) · Feb 14, 2023 · PDF
• Engrossed House Bill (H) · Feb 16, 2023 · PDF
• House Bill (S) · Mar 14, 2023 · PDF
• House Bill (S) · Apr 11, 2023 · PDF
• Engrossed House Bill (S) · Apr 13, 2023 · PDF