2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 30. River Basin Commissions › Chapter 3. St. Joseph River Basin Commission › 14-30-3-33. Potential Transformation of St. Joseph River Basin Commission Into a Watershed Development Commission

Sec. 33. (a) The commission:
(1) may; but
(2) is not required to;
consider a proposal to transform the commission from a river basin commission subject to this chapter into a watershed development commission subject to IC 14-30.5.
(b) For the commission to be transformed from a river basin commission subject to this chapter into a watershed development commission subject to IC 14-30.5:
(1) the county executives of all participating counties:
(A) must approve the proposal described in subsection (a); and
(B) must adopt substantively identical ordinances that set forth the information required by IC 14-30.5-2-1(b), including, for the purposes of IC 14-30.5-2-0.5, the designated watershed within which the proposed watershed development commission would exercise its powers; and
(2) a majority of the voting members of the commission must vote in favor of the transformation of the commission into a watershed development commission in accordance with the ordinances adopted under subdivision (1)(B) and the provisions of this section.
(c) For the county executive of a participating county to approve a proposal described in subsection (a) under subsection (b)(1)(A), at least two (2) of the three (3) members of the county executive must vote in favor of the proposal.
(d) If a member of the county executive of a participating county has designated another individual under section 8(2) of this chapter to fill the member's position on the commission, the individual designated to fill the member's position may vote under subsection (b)(2) on the proposal described in subsection (a).
(e) If the county executives of all participating counties approve a proposal described in subsection (a) under subsection (b)(1)(A) and adopt substantively identical ordinances under subsection (b)(1)(B), a majority of the voting members of the commission vote in favor of the transformation of the commission into a watershed development commission under subsection (b)(2), and the natural resources commission approves the transformation of the commission into a watershed development commission with the purposes set forth in the ordinances adopted under subsection (b)(1)(B), the following apply:
(1) The commission shall notify the natural resources commission and the department of the approval of the proposal.
(2) The officers of the commission elected under section 11 of this chapter shall take the actions necessary and appropriate to the transformation of the commission from a river basin commission subject to this chapter into a watershed development commission subject to IC 14-30.5.
(3) The board of the watershed development commission consists of the following:
(A) The director of the department or the director's designee.
(B) The county surveyor of each county participating in the commission.
(C) An individual other than the county surveyor representing each county participating in the commission, appointed by the county executive.
(D) Either:
(i) one (1) individual appointed to represent each second class city that is located in a participating county and within the St. Joseph River basin; or
(ii) if a participating county does not include a second class city that is located within the St. Joseph River basin, one (1) individual appointed to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the St. Joseph River basin.
An individual appointed to represent a second class city under item (i) shall be appointed by the board of storm water management (as described in IC 8-1.5-5-4) of the second class city or, if the second class city has no board of storm water management, by the executive of the second class city. An individual appointed under item (ii) to represent the municipality that has the largest population of all municipalities that are located in the participating county and within the St. Joseph River basin shall be appointed by the board of storm water management (as described in IC 8-1.5-5-4) of the municipality or, if the municipality has no board of storm water management, by the executive of the municipality.
(4) The director of the department or the director's designee:
(A) shall advise the commission on the transformation of the commission into a watershed development commission subject to IC 14-30.5; and
(B) when the board of the watershed development commission is formed, shall assume the position on the board of the watershed development commission specified in IC 14-30.5-4-1(a)(1).
(5) The watershed development commission board may not meet until the natural resources commission has given the approval referred to in this subsection. Upon the convening of the first meeting under IC 14-30.5-4 of the board of the watershed development commission:
(A) the St. Joseph River basin commission ceases to exist as a separate municipal corporation under this chapter;
(B) the St. Joseph watershed development commission is established as a public body corporate and politic under IC 14-30.5;
(C) the participating counties of the St. Joseph River basin commission become member counties of the St. Joseph watershed development commission under IC 14-30.5; and
(D) each participating county of the St. Joseph River basin commission is authorized to appoint an individual described in subdivision (3)(C) to represent the county on the board of the St. Joseph watershed development commission.
(f) If established under this section, the St. Joseph watershed development commission:
(1) is a continuation of;
(2) retains the property and rights of; and
(3) is responsible for the actions and subject to the liabilities of;
the former St. Joseph River basin commission.
(g) If established under this section, the St. Joseph watershed development commission has all of the powers and duties of a watershed development commission under IC 14-30.5 in the areas of the watershed of the St. Joseph River and the tributaries of the St. Joseph River that are within the boundaries of the member counties of the St. Joseph watershed development commission. For the purposes of IC 14-30.5, the areas of the watershed of the St. Joseph River and the tributaries of the St. Joseph River that are within the boundaries of the member counties of the St. Joseph watershed development commission comprise the designated watershed of the St. Joseph watershed development commission.
(h) If the St. Joseph watershed development commission is established under this section, the board of the St. Joseph watershed development commission shall appoint an executive director under IC 14-30.5-4-2(e). An individual who was executive director of the St. Joseph River basin commission may be appointed executive director of the St. Joseph watershed development commission under this subsection.
(i) If the St. Joseph watershed development commission is established under this section, the following apply:
(1) All property, records, and funds of the St. Joseph River basin commission:
(A) become property, records, and funds of the St. Joseph watershed development commission; and
(B) shall be transmitted to the St. Joseph watershed development commission not more than sixty (60) days after the appointment of the executive director under subsection (h).
(2) Any advisory committee appointed under section 13 of this chapter is dissolved.
(3) The individuals serving as members of the St. Joseph River basin commission under section 8 of this chapter become the members of the advisory committee of the St. Joseph watershed development commission. Upon the expiration under section 9 of this chapter or other termination of the term of office of an individual described in this subdivision, the office of the individual shall be filled by a successor according to subdivision (4).
(4) As provided in subdivision (3) and IC 14-30.5-4-5(c)(3), upon the termination of the terms of office of all of the individuals who become members of the advisory committee under subdivision (3), the advisory committee of the St. Joseph watershed development commission shall consist of the following members:
(A) From each participating county the following:
(i) The executive of each second class city that is located in the participating county and within the St. Joseph River basin, or the executive's designee.
(ii) If the county does not have a second class city that is located within the St. Joseph River basin, the executive of the municipality that has the largest population of all municipalities that are located in the participating county and within the St. Joseph River basin, or the executive's designee.
(B) A member of the county executive or the county executive's designee from each participating county.
(C) The county health officer or the health officer's designee from each participating county.
(D) The county surveyor of each participating county or the county surveyor's designee.
(E) A representative of each soil and water conservation district that:
(i) is subject to IC 14-32;
(ii) includes territory in a participating county; and
(iii) includes territory in the St. Joseph river basin.
(F) The director of the St. Joseph watershed development commission or the director's designee.
As added by P.L.251-2023, SEC.11.