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IN HB1592
Bill
Status
1/22/2019
Primary Sponsor
Carey Hamilton
Click for details
AI Summary
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County surveyors may classify regulated drains as needing reconstruction if functionality is compromised and the drain could be cost-effectively rebuilt to serve public health, reduce environmental effects, or provide flood reduction benefits.
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County surveyors may classify drains as needing periodic maintenance if cleaning, spraying, removing obstructions, and minor repairs can restore function while also improving public health, reducing environmental effects, or providing flood benefits.
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Maintenance funds for regulated drains may now be used for public health improvements, reducing environmental effects, flood reduction, drainage control, and water storage infrastructure.
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"Undesirable environmental effects" is defined to include transport of nutrients/chemicals/pesticides, soil erosion, failure to store water when useful, and facilitating unnecessary downstream flooding.
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County surveyors may consider cost-effective drainage designs that limit environmental effects, improve public health, or reduce flooding when planning drain reconstruction or new drain establishment.
Legislative Description
Regulated drains and environmental concerns. Authorizes a county surveyor to classify a regulated drain as a drain in need of reconstruction if: (1) the functionality of the drain is compromised; and (2) the drain could, at a reasonable cost, be reconstructed to perform the function for which it was designed while also better serving the interests of public health or significantly reducing undesirable environmental effects, or while also providing flood reduction benefits. Authorizes a county surveyor to classify a regulated drain as a drain in need of periodic maintenance if the drain can be made: (1) to perform the function for which it was designed and constructed; (2) to properly drain affected land; and (3) to better serve the interest of public health, produce fewer undesirable environmental effects, or provide flood reduction benefits; through periodically cleaning, spraying, removing obstructions from, and making minor repairs, additions, or alterations to the regulated drain. Provides that the maintenance fund established for a regulated drain or combination of regulated drains may be used to: (1) better serve the interests of public health; (2) reduce undesirable environmental effects; (3) provide flood reduction benefits; (4) improve drainage control; or (5) provide drainage water storage infrastructure or technology associated with water that flows in or into a particular regulated drain or combination of regulated drains. Authorizes a county surveyor, when determining the best method of reconstructing a regulated drain or the best method of drainage for the area to which a petition to establish a new regulated drain relates, to consider cost effective drainage designs that limit undesirable environmental effects, improve public health, or provide flood reduction benefits.
Last Action
First reading: referred to Committee on Local Government
1/22/2019