Relating to water quality and soil conservation efforts, including election requirements and powers and duties of commissioners of soil and water conservation districts, and related powers and duties of county boards of supervisors, county treasurers, the state soil conservation committee, the department of agriculture and land stewardship’s division of soil and water conservation, and the attorney general

ELECTION OF COMMISSIONERS. The bill removes the prohibition against more than one commissioner residing in the same township, requiring only residence within the district to be eligible for election at large to the office of commissioner. Provisions relating to appointments for vacancies in the office of commissioner are changed to allow for appointments to be made by the remaining commissioners, not the state soil conservation committee. The bill specifies that the person appointed does not serve out the full remaining term, but only for the time until the next succeeding general election. Appointed commissioners are then able to stand for election if they so choose. COMMISSIONERS, BOARDS, AND THE ATTORNEY GENERAL —— ESTABLISHING AND ENFORCING SOIL LOSS LIMITS. The commissioners are to establish criteria for determining what constitutes significant soil loss for land located within the district, including soil loss caused by erosion occurring on neighboring land. The commissioners are to adopt a regulation establishing soil loss limits which shall be not more than five tons per acre during any 12-month period. The regulations establishing soil loss limits are no longer required to be approved by the committee. The commissioners must perform an inspection of land located in their district after receipt of a written complaint or upon a majority vote at an open meeting. After the inspection, the commissioners must issue an administrative order against a person if the commissioners find the loss of soil exceeds the soil loss limit for the land in question. The order must describe the commissioners’ findings, be delivered to the person responsible for causing the soil loss, and establish a period for compliance with the order. Evidence of compliance with the order includes applying for public moneys, such as cost-share financing, in order to defray a portion of the costs associated with complying with the order. The bill requires the commissioners to give preference to applications which seek to comply with an administrative order. After the compliance period expires, if work to comply with the order is not being performed, the commissioners must enforce the order by referring the matter to the attorney general or the board of supervisors in the county in which the land is located. A person whose land is damaged due to neighboring land’s erosion may also petition the board of supervisors to enforce the order. If the board takes action to enforce compliance with the order, the board must notify the county treasurer of the costs associated with taking its action. The treasurer must enter an amount equal to the costs plus a percent penalty on the tax books, which shall be collected as ordinary taxes and constitutes a lien against the property. However, the board of supervisors may instead refer the matter to the attorney general. The commissioners, or the board or attorney general acting under a referral, must petition the district court to enforce the order. COMMITTEE AND DIVISION —— PRIORITIZING SOIL CONSERVATION EFFORTS AND WATER QUALITY INITIATIVES.22).3).