AN ACT relating to soil conservation.

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AN ACT relating to soil conservation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 262 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The Division of Conservation, with the advice and input of the Department of 5
Agriculture, shall establish and implement the Healthy Soils Program in order to 6
promote the use of healthy soil practices by Kentucky's farmers, both urban and 7
rural. The division shall: 8
(a) Provide technical advice and assistance on healthy soil practices; 9
(b) Assist farmers with soil health assessments; and 10
(c) Aid farmers with the development and implementation of soil health plans. 11
(2) The commissioner of the Department for Natural Resources shall approve grants, 12
made on a competitive basis, and other types of financial incentives to local 13
governments, schools, and public, private, and charitable entities to finance 14
projects in furtherance of the Healthy Soils Program. Part of promoting healthy 15
soil practices shall be the efficient application of chemicals and amendments on 16
agricultural and nonagricultural land. The commissioner shall develop a low -17
cost loan program for Kentucky farmers to adopt and implement a soil health 18
plan. Priority for financial assistance shall be given to veteran farmers or 19
ranchers, beginning farmers or ranchers, and socially disadvantag ed farmers or 20
ranchers, as those terms are defined in 7 U.S.C. sec. 2279(a). 21
(3) Expenditures from the Healthy Soils Program fund established in Section 2 of 22
this Act shall be used for the purposes of this section to complement rather than 23
replace existing local, state, private, or federal funding for related programs. The 24
Department for Natural Resources may enter into agreements with other state 25
and federal agencies to implement the Healthy Soils Program. 26
(4) The Department for Natural Resources shall pro mulgate administrative 27
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regulations in accordance with KRS Chapter 13A to implement the Healthy Soils 1
Program pursuant to this section and administer the Healthy Soils Program fund 2
pursuant to Section 2 of this Act. 3
SECTION 2. A NEW SECTION OF KRS CHAPTER 262 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) The Healthy Soils Program fund is hereby created and established in the State 6
Treasury as a separate trust and agency account. The fund shall be used for 7
running the Healthy Soils Program, making grants and loans, and offering other 8
financial incentives in support of Section 1 of this Act. The fund may receive 9
appropriations from the General Assembly, grants, gifts, federal funds, or any 10
other funds, both public and private, for the p urpose of supporting and abetting 11
the Healthy Soils Program. 12
(2) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of 13
the fiscal year shall not lapse but shall be carried forward to the next fiscal year. 14
Any unallotted or unencumber ed balance shall be carried forward. Funds shall 15
be invested pursuant to KRS 42.500 and any income earned from the investments 16
shall be credited to and become part of the fund. 17
(3) Disbursements from the fund shall be made by the State Treasurer upon writ 18
from the commissioner of the Department for Natural Resources. 19
Section 3. KRS 146.100 is amended to read as follows: 20
(1) The secretary of the Energy and Environment Cabinet, with the approval of the Soil 21
and Water Conser vation Commission , shall appoint a director of the Division of 22
Conservation with experience in professional agricultural activities , including 23
healthy soil practices as defined in Section 5 of this Act, and who shall serve as 24
executive officer for the comm ission. The director shall serve at the will of, and 25
receive compensation as may be determined by the secretary of the Energy and 26
Environment Cabinet with the advice of the Soil and Water Conservation 27
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Commission. In addition to any other duties assigned to him or her by the secretary 1
of the Energy and Environment Cabinet, the director shall exercise, subject to the 2
approval of the secretary, general administrative supervision over all activities, 3
employees and property of the commission.[;] 4
(2) The secretary of the Energy and Environment Cabinet may employ other officers, 5
employees, and agents, who shall serve at his or her will as he or she deems 6
necessary, with the advice of the Soil and Water Conservation Commission, and 7
shall provide for surety bonds for members, the director, officers, employees or 8
agents if entrusted with funds or property. 9
Section 4. KRS 224.71-110 is amended to read as follows: 10
(1) The Agriculture Water Quality Authority is created and administratively attached to 11
the cabinet. The authority shall be a multidiscipline peer group that shall evaluate, 12
develop, and improve best-management practices in conservation plans, compliance 13
plans, and forest stewardship management plans; establish statewide and r egional 14
agriculture water quality plans; and otherwise promote soil and water conservation 15
and restoration activities that protect waters of the Commonwealth from the 16
adverse impacts of agriculture operations within the Commonwealth. The cabinet 17
shall provide staff to the authority. 18
(2) [Within six (6) months of July 15, 1994, ] The Soil and Water Conservation 19
Commission shall submit to the Governor for appointment to the Agriculture Water 20
Quality Authority a list of three (3) persons recommended by each of the following 21
state agencies and organizations: 22
(a) Kentucky Association of Conservation Districts; 23
(b) Kentucky Department of Agriculture; 24
(c) University of Kentucky College of Agriculture Cooperative Extension 25
Service; 26
(d) Kentucky Farm Bureau Federation, Inc.; 27
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(e) Division of Conservation, Energy and Environment Cabinet; 1
(f) Division of Forestry, Energy and Environment Cabinet; 2
(g) Kentucky Geological Survey;[ and] 3
(h) Environmental organizations; and 4
(i) Organic agriculture organizations. 5
The membershi p of the Agriculture Water Quality Authority appointed by the 6
Governor shall consist of one (1) representative from each of the groups identified 7
in paragraphs (a) to (i)[(h)] of this subsection and two (2) [three (3)] members at 8
large from agriculture oper ations. The Soil and Water Conservation Commission 9
shall solicit nominations from Kentucky agriculture operations organizations and 10
submit those names to the Governor for selection of the two (2)[three (3)] members 11
at large from agriculture operations. Initial terms shall be staggered, and [The 12
Governor shall select four (4) members to serve two (2) year initial terms, four (4) 13
members to serve three (3) year initial terms, and three (3) members to serve four 14
(4) year initial terms.] all succeeding terms sha ll be four (4) year terms. Vacancies 15
shall be filled in the same manner as the original appointments. A representative 16
from the Natural Resources Conservation Service and a representative from the 17
United States Department of Agriculture Farm Service Agency may also be 18
appointed by the Governor to serve on the authority. One (1) representative each 19
from the Division of Water, Energy and Environment Cabinet and the Department 20
for Public Health, Cabinet for Health and Family Services shall serve as ex officio 21
members. 22
(3) It shall be the responsibility of the Agriculture Water Quality Authority to establish, 23
at a minimum, the following five (5) [four (4)] committees for agriculture 24
operations, with membership outside the Agriculture Water Quality Authority: 25
(a) Livestock and poultry; 26
(b) Crops, including but not limited to tobacco, corn, soybeans, small grains, 27
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fruits and vegetables, pasture, and timber; 1
(c) Pesticides, fertilizers, and other agricultural chemicals;[ and] 2
(d) Farmstead issues; and 3
(e) Healthy soil practices as defined in Section 5 of this Act. 4
(4) The Agriculture Water Quality Authority shall have the following responsibilities: 5
(a) Review water quality data as available; 6
(b) Review university research on water quality and alternative b est-management 7
practices research; 8
(c) Evaluate the adoption and effectiveness of best -management practices, and 9
modify best-management practice design standards to improve water quality 10
protection practices; 11
(d) Develop by July 1, 1996, statewide agricult ure water quality plans to address 12
identifiable water pollution problems from agriculture operations, and 13
continue to evaluate and modify the agriculture water quality plans, as 14
necessary to prevent water pollution from agriculture operations; 15
(e) Assist with the review of state-funded and other water quality monitoring data 16
and with the establishment of agriculture water priority protection regions; 17
(f) Provide technical assistance to persons engaged in agriculture operations and 18
to the Soil and Water Cons ervation Commission in its efforts to coordinate 19
water quality protection as related to agriculture operations; 20
(g) Work with the Natural Resources Conservation Service, United States 21
Department of Agriculture Farm Service Agency, and conservation districts to 22
disseminate to agriculture operations the best -management practices, 23
conservation plans, compliance plans, forest stewardship management plans, 24
and agriculture water quality plans which address the protection of 25
groundwater and surface water; 26
(h) Provide the Governor and the Legislative Research Commission with biennial 27
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reports of the progress of the Agriculture Water Quality Authority program; 1
and 2
(i) Establish procedures for modifications to be incorporated into statewide or 3
regional agriculture water quality plans. 4
(5) The cabinet's Division of Water shall approve or disapprove any statewide and 5
regional water quality plan within thirty (30) days of receiving the plan from the 6
Agriculture Water Quality Authority. All provisions of a statewide or regi onal 7
water quality plan not found deficient shall be approved. If the Division of Water 8
finds any provision of the statewide or regional agriculture water quality plan 9
deficient, the Division of Water shall give written notice to the authority of those 10
provisions found to be deficient. Within the thirty (30) days following the notice of 11
deficiency, the authority shall deliver to the Division of Water a written response 12
setting forth proposed solutions to the deficiencies. Any deficiencies which remain 13
unresolved shall be resolved in a manner agreed to jointly by the Division of Water 14
and the authority within sixty (60) days unless the Division of Water and authority 15
jointly agree to an extension or alternate dispute resolution. The Division of Water 16
shall approve or disapprove all modifications to the statewide and regional plans as 17
set forth at KRS 224.71-120(8). 18
Section 5. KRS 262.010 is amended to read as follows: 19
(1) "Board" means the board of supervisors of a conservation district; 20
(2) "Commission" means the Conservation Commission; 21
(3) "District" means a conservation district whenever used in KRS 262.010 to 262.660 22
or a watershed conservancy district whenever used in KRS 262.700 to 262.795; 23
(4) "Due notice" means notice published in accordance with the legal notice provisions 24
of KRS Chapter 424; 25
(5) "Healthy soil practices" means agricultural practices supported by the United 26
States Department of Agriculture Natural R esources Conservation Service's 27
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Environmental Quality Incentives Program that feed the soil, reduce erosion, 1
improve soil structure, enhance nutrient cycling, and encourage water retention 2
by utilizing four (4) principal practices as follows: 3
(a) Using plant diversity to improve diversity in the soil; 4
(b) Managing soils with less disturbance to the soil; 5
(c) Keeping plants growing year-round to feed the soil; and 6
(d) Keeping the soil covered as much as possible; 7
(6) "Infrastructure" means the plant and assets required for maintaining a district office; 8
(7)[(6)] "Land occupier" or "occupier of land" includes any person other than the 9
landowner who is in possession of any lands lying within the district, whether as 10
lessee or otherwise; 11
(8)[(7)] "Landowner" or "owner of land" includes any person who holds legal or 12
equitable title to the land within the district determined as follows: 13
(a) By his, her, or their names appearing on the recorded deed to the land; 14
(b) By title derived through a probated will or by the laws of descent and 15
distribution under KRS Chapter 391; 16
(c) Where a minor or person adjudged mentally disabled is the owner of land 17
within the dist rict, the guardian or conservator or whoever has the power of 18
attorney shall have the right to vote for such landowner under the provisions 19
of KRS Chapter 262; 20
(d) Where the will has not been probated by the date of the referendum or 21
election as provided i n KRS Chapter 262, the executor of the deceased 22
landowner shall have the right to vote for the devisee or devisees; 23
(e) Where the land within the districts is held in trust, the trustee shall have the 24
right to vote for the landowner under the provisions of KRS Chapter 262; 25
(f) A landowner shall be entitled to but one (1) vote whenever he or she is given 26
the right to vote under KRS Chapter 262 regardless of the number of tracts or 27
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parcels of land which he or she owns either wholly or in part, within the 1
district; 2
(g) Where a trustee, executor, guardian, conservator, or other person with 3
authority to vote for a landowner exercises such duty in relation to two (2) or 4
more estates or tracts of land, within a district, such person shall have the right 5
to vote separately for each such landowner which he or she represents within 6
the district; or 7
(h) In the case of a dispute as to whether or not a person has the right to vote in an 8
election or referendum under the provisions of KRS Chapter 262, the person 9
seeking suc h right must provide to the satisfaction of the polling 10
superintendent that he or she has the right to vote under this section; 11
(9) "Soil health" means the overall composition of the soil and its continued capacity 12
to function as a vital living ecosystem that sustains plants, animals, and humans; 13
(10) "Soil health assessment" means a suite of soil health indicator measures such as 14
amount of organic matter in the soil, soil structure, infiltration and bulk density, 15
water holding capacity, microbial biomass, and soil respiration;[.] 16
(11)[(8)] "Supervisor" means one (1) of the members of the governing body of a 17
conservation district; and 18
(12) "Watershed health" means the continued capacity of surface water and 19
groundwater ecosystems to function as a vital livin g ecosystem that is resilient to 20
drought and storm events and that sustains plants, animals, and humans. 21
Section 6. KRS 262.020 is amended to read as follows: 22
The purpose of a soil and water conservation district is to c onserve, restore, and develop 23
all renewable natural resources within the district. In so doing, the district is authorized to 24
undertake, sponsor, or participate in projects and activities which promote the health, 25
conservation, restoration, development, maintenance and use of the land, water, trees and 26
other renewable natural resources of the district. Such projects and activities shall include 27
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[but not be limited to ] conservation and healthy soil practices on agricultural lands, the 1
control of soil erosion , retardation of water runoff, the construction of flood prevention 2
and control reservoirs, the maintenance of flood plains, the promotion of projects to 3
ensure[assure] an adequate municipal, industrial and agricultural supply of water, 4
watershed stabilization, the avoidance and abatement of sedimentation and pollution in 5
streams and other bodies of water, forestation and reforestation, the establishment of 6
parks and outdoor recreation areas, the protection of open space, greenbelt areas and 7
scenery, the pr eservation of wilderness areas, the protection of fish and wildlife, the 8
protection and restoration of soil and watershed health and biological diversity, 9
assisting rural and urban agricultural producers in soil health assessments and in 10
developing soil he alth plans, working for the location of highways, industries, housing 11
developments, airports and other structures as are consistent with the district's objectives 12
and will offer the least possible interference with the conservation and best multiple use 13
of the renewable natural resources, and all other activities consistent with the total natural 14
resources development of the district. 15
Section 7. KRS 262.748 is amended to read as follows: 16
(1) Upon determination by the boa rd of directors of a watershed conservancy district 17
that the improvement, continuing operation, or maintenance of a watershed project 18
is necessary, the board of directors may adopt a resolution which shall set out: 19
(a) A list of the benefited lands located in the flood plain, as determined by the 20
board of directors, giving the acreage of such lands and the names of the 21
landowners[owners] thereof as defined by KRS 262.010 [(7)] with a 22
classification of such lands or parts thereof into classes in order that 23
assessments may be made according to direct benefits; and 24
(b) The annual assessments to be levied upon the lands set out in the resolution on 25
the basis of a certain amount per acre according to benefits received, not to 26
exceed in any one (1) year a sum per acre specified in the resolution. 27
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(2) The board of directors shall cause due notice of the resolution to be given to all the 1
owners of benefited lands, as determined by the board. Said notice shall set out the 2
time and place of a meeting of the board of dir ectors of the watershed conservancy 3
district at which owners of benefited lands who may be liable for the annual 4
assessments may be heard. 5
(3) At the hearing upon the resolution, owners of benefited lands may voice their views 6
concerning the proposal as to whether it should be undertaken, and the scope 7
thereof, or the degree of benefit received by their lands. The board shall prepare a 8
record summarizing the proceedings. If the board of directors determines as a result 9
of the hearing that the proposal shoul d be carried out as planned, it may make such 10
changes or revisions in the resolution as it deems proper and shall give due notice 11
of an election to be held at which benefited landowners may vote on the question of 12
annual special assessments to defray the c ost. The notice of the election shall 13
include the text of the resolution of the board in its final form. The board of 14
directors may give due notice as provided in KRS 262.010(4). 15
(4) The board of directors shall prepare the following question to be present ed to the 16
voters: "Should the assessment for improvement, continuing operation, or 17
maintenance proposed by resolution of the........ Watershed Conservancy District be 18
adopted?" Voters shall be instructed to vote "yes" or "no" on the proposition. Only 19
owners of benefited land as set out in the resolution shall be eligible to vote. The 20
board of directors may provide for a meeting of the landowners at which the vote 21
may be cast, in which case qualified voters may vote by absentee vote. The board 22
shall appoint a polling superintendent and other necessary election officers, giving 23
representation to the opponents of the question as well as to proponents. 24
(5) If a majority of those voting upon the proposition favor the assessment the board 25
shall give due notice of the vote. Any owner of property to be benefited by the 26
project may, within forty (40) days after publication of such notice, file an action in 27
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the Circuit Court of the county in which his or her lands are located seeking relief 1
by declaratory judgme nt or injunction. If a suit is filed, the county attorney shall 2
represent the board of directors in upholding the validity of the proposed 3
assessment. After the lapse of time specified herein all actions by owners of 4
properties to be benefited shall be forever barred. 5
(6) If no suit is filed and no injunction issued within the time allowed in subsection (5) 6
of this section, the board of directors shall levy annual assessments effective only 7
upon the benefited properties and based on the acreage thereof. The annual 8
assessment shall be made by the board of directors at the same time and in the same 9
manner as provided in KRS 262.765 for taxes generally and shall be collected as 10
provided in KRS 262.770. The assessments shall constitute liens against the land 11
benefited and shall attach to the land, taking precedence over all other liens except 12
state, county and municipal taxes and prior improvement assessments. 13
Section 8. KRS 262.778 is amended to read as follows: 14
(1) Upon determination by the board of directors of a watershed conservancy district 15
that a watershed project is necessary, and upon approval of the plans for same by 16
the board of supervisors, the board of directors shall adopt a resolution which shall 17
set out: 18
(a) A description of the project in general terms; 19
(b) A list of the benefited lands located in the flood plain, as determined by the 20
board of directors, giving the acreage of such lands and the names of the 21
landowners[owners] thereof as defined by KRS 262.010 [(7)] with a 22
classification of such lands or parts thereof into classes in order that 23
assessments may be made according to direct benefits; 24
(c) The total cost of the project; and 25
(d) The fact that the cost shall be met by a bond issue payable solely from annua l 26
assessments to be levied upon the lands set out in the resolution on the basis 27
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of a certain amount per acre according to benefits received, not to exceed in 1
any one (1) year a sum per acre specified in the resolution, with the annual 2
assessments to extend over a period of years specified in the resolution not to 3
exceed thirty (30) years. 4
(2) The board of directors shall cause due notice of the resolution to be given to all the 5
owners of benefited lands, as determined by the board. Said notice shall set out the 6
time and place of a meeting of the board of directors of the watershed conservancy 7
district at which owners of benefited lands who may be liable for the annual 8
assessments may be heard. 9
(3) At the hearing upon the resolution, owners of benefited lands may voice their views 10
concerning the proposed project as to whether said project should be undertaken, 11
and the scope thereof, or the propriety of placing their lands in the project area or 12
the degree of benefit received by their lands. The board shall prepare a record 13
summarizing the proceedings. If the board of directors determines as a resu lt of the 14
hearing that the project should be carried out as planned, it may make such changes 15
or revisions in the resolution as it deems proper and shall give due notice of an 16
election to be held at which benefited landowners may vote on the question of 17
annual special assessments to defray the cost of the project. The notice of the 18
election shall include the text of the resolution of the board in its final form. The 19
board of directors may give due notice as provided in KRS 262.010(4). 20
(4) The board of direc tors shall prepare to be presented to the voters the question: 21
"Should the assessment proposed by resolution of the .... Watershed Conservancy 22
District be adopted?". Voters shall be instructed to vote "yes" or "no." Only owners 23
of benefited land as set out in the resolution shall be eligible to vote. The board of 24
directors may provide for a meeting of the landowners at which the vote may be 25
cast, in which case qualified voters may vote by absentee vote. The board shall 26
appoint a polling superintendent and o ther necessary election officers, giving 27
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representation to the opponents of the question as well as to proponents. 1
(5) If a majority of those voting upon the proposition favor the assessment, the board 2
shall give due notice of the vote and the fact that bo nds will forthwith be issued 3
payable from special assessments. Any owner of property to be benefited by the 4
project may, within forty (40) days after publication of such notice, file an action in 5
the Circuit Court of the county in which his or her lands are located seeking relief 6
by declaratory judgment or injunction. If a suit is filed, the county attorney should 7
represent the board of directors in upholding the validity of the proposed bond 8
issue. After the lapse of time specified herein, all actions by o wners of properties to 9
be benefited shall be forever barred. 10
(6) If no suit is filed and no injunction issued within the time allowed in subsection (5) 11
of this section, the board of directors shall by resolution authorize the issuance of 12
bonds designated " watershed project assessment bonds," determining the principal 13
amount thereof and establishing the denominations and maturity dates thereof and 14
shall levy an annual assessment effective only upon the benefited properties and 15
based on the acreage thereof. T he annual rate of such assessments shall be fixed 16
when other taxes of the district are levied and shall be sufficient in each year to 17
provide for the payment of such bonds and interest coupons as they mature and 18
sufficient to provide a fund equal to twenty percent (20%) of the average annual 19
principal and interest requirements, the same to constitute a "debt service reserve" 20
as a precaution against possible default by failure to collect annual levies. The 21
bonds shall state on their face that they do not con stitute a debt of the district but 22
are payable solely from collection of special assessments made upon benefited 23
lands lying in the watershed conservancy district. 24