House File 2614 - Introduced HOUSE FILE 2614 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 674) A BILL FOR An Act relating to the conservation and improvement of 1 soil and water resources, including by providing for the 2 administration of associated programs and regulations, 3 making appropriations, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6306HV (3) 90 da/ns
H.F. 2614 DIVISION I 1 SOIL CONSERVATION DISTRICTS LAW 2 Section 1. Section 161A.2, Code 2024, is amended to read as 3 follows: 4 161A.2 Declaration of policy. 5 It is hereby declared to be the policy of the legislature 6 state to integrate the conservation of soil and water resources 7 into the production of agricultural commodities to insure 8 ensure the long-term protection of the soil and water resources 9 of the state of Iowa, and to encourage the development of farm 10 management and agricultural practices that are consistent 11 with the capability of the land to sustain agriculture, and 12 thereby to preserve natural resources, control floods, prevent 13 impairment of dams and reservoirs, assist and maintain the 14 navigability of rivers and harbors, preserve wildlife, protect 15 the tax base, protect public lands , and promote the health, 16 safety , and public welfare of the people of this state. 17 Sec. 2. Section 161A.3, Code 2024, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 12A. Soil health means the continuing 20 capacity of soil to function as a vital living ecosystem that 21 sustains plants, animals, and humans. 22 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code 23 2024, is amended to read as follows: 24 g. To assist each soil and water conservation district in 25 developing a district soil and water resource conservation plan 26 as provided under section 161A.7 . The plan shall be developed 27 according to rules adopted by the division to preserve and 28 protect the public interest in the soil and water resources 29 of this state for future generations and for this purpose to 30 encourage, promote, facilitate, and where such public interest 31 requires, to mandate the conservation and proper control of and 32 use of the soil and water resources of this state, by measures 33 including but not limited to the control of floods, the control 34 of erosion by water or by wind, the improvement of soil health, 35 -1- LSB 6306HV (3) 90 da/ns 1/ 37
H.F. 2614 and the preservation of the quality of water for its optimum 1 use for agricultural, irrigation, recreational, industrial, 2 and domestic purposes, all of which shall be presumed to be 3 conducive to the public health, convenience, and welfare, both 4 present and future. 5 Sec. 4. Section 161A.7, subsection 1, paragraphs f, h, m, 6 and n, Code 2024, are amended to read as follows: 7 f. To make available on such terms as it shall prescribe, 8 to landowners or occupiers within the district, agricultural 9 and engineering machinery and equipment, fertilizer, lime, 10 and such other material or equipment as will assist such 11 landowners or occupiers to carry on operations upon their lands 12 for the conservation of soil resources and for the prevention 13 and control of soil erosion ; the improvement of soil health; 14 and for the prevention of erosion, floodwater, and sediment 15 damages. 16 h. To develop comprehensive plans for the conservation of 17 soil resources and for ; the improvement of soil health; the 18 control and prevention of soil erosion ; and for the prevention 19 of erosion, floodwater, and sediment damages within the 20 district , which . The comprehensive plans shall specify in such 21 detail as may be possible, the acts, procedures, performances, 22 and avoidances which are necessary or desirable for the 23 effectuation of such plans, including the specification of 24 engineering operations, methods of cultivation, the growing of 25 vegetation, cropping programs, tillage practices, and changes 26 in the use of land ; and to . The district shall publish such 27 plans and information and bring them to the attention of owners 28 and occupiers of lands within the district. 29 m. To encourage local school districts to provide 30 instruction in the importance of and in some of the basic 31 methods of soil conservation and soil health practices , as a 32 part of course work relating to agriculture, the conservation 33 of natural resources , and environmental awareness as required 34 in rules adopted by the state board of education pursuant 35 -2- LSB 6306HV (3) 90 da/ns 2/ 37
H.F. 2614 to section 256.11, subsections 3 and 4 through 5 , and to 1 offer technical assistance to schools in developing such 2 instructional programs. 3 n. To develop a soil and water resource conservation 4 district plan for the district . 5 (1) The district plan shall contain a comprehensive 6 long-range assessment of soil and surface water resources in 7 the district consistent with rules approved by the committee 8 under section 161A.4 . 9 (2) In developing the district plan , the district may 10 receive technical support from the United States department 11 of agriculture natural resources conservation service and the 12 county board of supervisors in the county where the district 13 is located. The division and the Iowa cooperative extension 14 service in agriculture and home economics may provide technical 15 support to the district. The support may include but is not 16 limited to the following: 17 (a) Assessing the condition of soil and surface water in 18 the district, including an evaluation of the type, amount, 19 and quality of soil and water , ; the threat of soil erosion 20 and erosion, floodwater, and sediment damages ; , and necessary 21 preventative and control measures ; and soil restoration 22 efforts . 23 (b) Developing methods to maintain or improve soil health 24 and water condition quality . 25 (c) Cooperating with other state and federal agencies to 26 carry out this support. 27 (2) (3) The title page of the district plan and a 28 notification stating where the plan may be reviewed shall be 29 recorded with the recorder in the county in which the district 30 is located, and updated as necessary, after the committee 31 approves and the director of the division signs the district 32 plan. The commissioners shall provide notice of the recording 33 and may provide a copy of the approved district plan to the 34 county board of supervisors in the county where the district is 35 -3- LSB 6306HV (3) 90 da/ns 3/ 37
H.F. 2614 located. The district plan shall be filed with the division 1 as part of the state soil and water resource conservation plan 2 provided in section 161A.4 . 3 Sec. 5. Section 161A.42, subsections 4 and 9, Code 2024, are 4 amended to read as follows: 5 4. Erosion control practices Erosion control practice 6 means any of the following : 7 a. The construction or installation of , and or the 8 maintenance of , of such structures a structure or devices 9 device as are is necessary to carry to a suitable outlet from 10 the site of any building housing four or more residential 11 units, any commercial or industrial development , or any 12 publicly or privately owned recreational or service facility of 13 any kind, not served by a central storm sewer system, any water 14 which that complies with all of the following : 15 (1) Would otherwise cause erosion in excess of the 16 applicable soil loss limit ; and . 17 (2) Does not carry nor constitute sewage, industrial waste, 18 or other waste as defined by section 455B.171 . 19 b. The employment of a temporary devices device or 20 structures structure , temporary seeding, fibre mats, plastic, 21 straw, or other measures measure adequate to prevent erosion in 22 excess of the applicable soil loss limits from the site of, or 23 land directly affected by, the construction of any public or 24 private street, road , or highway, any residential, commercial, 25 or industrial building or development, or any publicly or 26 privately owned recreational or service facility of any kind, 27 at all times prior to completion of such construction. 28 c. The establishment and maintenance of vegetation upon the 29 right-of-way of any completed portion of any public street, 30 road, or highway, or the construction or installation thereon 31 of structures or devices, or other measures adequate to prevent 32 erosion from the right-of-way in excess of the applicable soil 33 loss limits. 34 9. a. Soil and water conservation practices Soil and 35 -4- LSB 6306HV (3) 90 da/ns 4/ 37
H.F. 2614 water conservation practice means any of the practices practice 1 designated in or pursuant to this subsection which serve serves 2 to prevent erosion of soil by wind or water, in excess of the 3 applicable soil loss limits, from land used for agricultural 4 or horticultural purposes only. 5 b. Soil and water conservation practice includes any of the 6 following: 7 a. (1) Permanent soil and water conservation practices 8 Permanent soil and water conservation practice which means the 9 planting of perennial grasses, legumes, shrubs, or trees, the 10 establishment of grassed waterways, and the construction of 11 terraces, or other permanent soil and water practices approved 12 by the committee. 13 b. (2) Temporary soil and water conservation practices 14 Temporary soil and water conservation practice which means 15 the planting of annual or biennial crops , ; the use of 16 strip-cropping, cover cropping, or contour planting , or ; 17 no-tillage, minimum tillage, or mulch tillage , and ; the 18 installation of an agriculture practice, silviculture practice, 19 aquaculture practice, or permaculture practice; the use of 20 extended crop rotation or rotational grazing; or the use of any 21 other cultural practices practice approved by the committee. 22 Sec. 6. Section 161A.53, Code 2024, is amended to read as 23 follows: 24 161A.53 Cooperation with other agencies. 25 1. Soil A soil and water conservation districts district 26 may enter into agreements an agreement with the federal 27 government or an agency of the federal government, as provided 28 by state law, or with the state of Iowa or an agency of the 29 state, any other soil and water conservation district, or any 30 other political subdivision of this state, for cooperation in 31 preventing, doing any of the following: 32 a. Preventing, controlling, or attempting to prevent or 33 control soil erosion. Soil 34 b. Improving or attempting to improve soil health, or 35 -5- LSB 6306HV (3) 90 da/ns 5/ 37
H.F. 2614 performing a soil health assessment. 1 2. A soil and water conservation districts district may 2 accept, as provided by state law, money disbursed for soil 3 erosion control and soil health assessment purposes by the 4 federal government or an agency of the federal government, and 5 expend the money for the purposes for which it was received. 6 Sec. 7. Section 161A.71, subsection 1, Code 2024, is amended 7 to read as follows: 8 1. a. The division may establish a conservation practices 9 revolving loan fund composed of any money appropriated by the 10 general assembly for that purpose, and of any other moneys 11 available to and obtained or accepted by the committee from the 12 federal government or private sources for placement in that 13 fund. Except as otherwise provided by subsection 3 , the assets 14 of the conservation practices revolving loan fund shall be used 15 only to make loans directly to owners of land in this state 16 for the purpose of establishing on that land any new permanent 17 soil and water conservation practice which the commissioners of 18 the soil and water conservation district in which the land is 19 located have found is necessary or advisable to meet the soil 20 loss limits established for that land. 21 (1) A loan made under this section shall not be made 22 for establishing a permanent soil and water conservation 23 practice on land that is subject to the restriction on state 24 cost-sharing funds of section 161A.76 . Revolving loan funds 25 and public cost-sharing funds may be used in combination for 26 funding a particular soil and water conservation practice. 27 (2) Each loan made under this section shall be for a period 28 not to exceed ten years, shall bear no interest, and shall be 29 repayable to the conservation practices revolving loan fund in 30 equal yearly installments due March 1 of each year the loan is 31 in effect. The interest rate upon loans for which payment is 32 delinquent shall accelerate immediately to the current legal 33 usury limit. Applicants are 34 (3) An applicant is eligible for no not more than twenty 35 -6- LSB 6306HV (3) 90 da/ns 6/ 37
H.F. 2614 thousand dollars in loans outstanding at any time under this 1 program. Permanent soil and water conservation practices 2 b. As used in this section, permanent soil and water 3 conservation practice has the same meaning as defined in 4 section 161A.42 and those established under this program are 5 subject to the requirements of section 161A.7, subsection 3 . 6 c. Loans made under this program shall come due for payment 7 upon sale of the land on which those practices are established. 8 Sec. 8. Section 161A.73, subsection 1, paragraph b, Code 9 2024, is amended to read as follows: 10 b. The allocation of moneys as financial incentives 11 provided for the purpose of establishing management practices 12 to control soil erosion on land that is row cropped and 13 promote soil health , including but not limited to cover crops, 14 no-till planting, ridge-till planting, contouring, and contour 15 strip-cropping. The division shall by rule establish limits on 16 the amount of incentives which shall be authorized for payment 17 to landowners upon establishment of the practice. 18 Sec. 9. Section 161A.80A, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. This section is repealed on July October 1, 2030 2024 . 21 Sec. 10. Section 161A.80B, subsection 1, Code 2024, is 22 amended to read as follows: 23 1. The principal and interest from any loan made pursuant 24 to section 161A.80A , as enacted in 2015 Iowa Acts, ch 132, 25 45 Code 2024 , remaining that are outstanding on July 1, 2025 26 or after the effective date of this section of this Act , and 27 that prior to October 1, 2024, would have been payable to 28 the blufflands protection revolving fund created in section 29 161A.80A , shall instead be paid to the division on or after 30 July 1, 2025, pursuant to the terms of the loan agreement 31 deposited by the department of natural resources in the state 32 parks and recreation areas operations fund created in section 33 455A.10A . The moneys paid to the division shall be credited to 34 the rebuild Iowa infrastructure fund created in section 8.57 . 35 -7- LSB 6306HV (3) 90 da/ns 7/ 37
H.F. 2614 Sec. 11. Section 161D.7, Code 2024, is amended to read as 1 follows: 2 161D.7 Program coordination. 3 1. The department of natural resources shall coordinate the 4 blufflands protection program with the program and projects of 5 the loess hills alliance. 6 2. This section is repealed on October 1, 2024. 7 Sec. 12. NEW SECTION . 455A.10A State parks and recreation 8 areas operations fund. 9 1. A state parks and recreation areas operations fund is 10 created in the state treasury under the management and control 11 of the department. 12 2. The state parks and recreation areas operations fund 13 shall include all of the following: 14 a. (1) Principal and interest paid from any loan made 15 pursuant to section 161A.80A, Code 2024, instead of being paid 16 to the blufflands protection revolving fund as described in 17 section 161A.80B. 18 (2) This paragraph is repealed on July 1, 2030. 19 b. Other moneys available to and obtained or accepted by the 20 department from public or private sources. 21 3. Moneys in the state parks and recreation areas operations 22 fund are appropriated to and shall be used exclusively by the 23 department to pay for maintaining and improving state parks 24 and recreation areas, including by supporting infrastructure 25 and the professional needs of park rangers and conservation 26 officers. 27 4. a. Notwithstanding section 12C.7, interest or earnings 28 on moneys in the fund shall be credited to the fund. 29 b. Notwithstanding section 8.33, moneys in the fund that 30 remain unencumbered or unobligated at the end of a fiscal year 31 shall not revert. 32 Sec. 13. BLUFFLANDS PROTECTION REVOLVING FUND TRANSFER 33 TO STATE PARKS AND RECREATION AREAS OPERATIONS FUND. The 34 balance in the blufflands protection revolving fund created in 35 -8- LSB 6306HV (3) 90 da/ns 8/ 37
H.F. 2614 section 161A.80A shall be transferred to the state parks and 1 recreation areas operations fund created in this Act not later 2 than September 30, 2024. 3 Sec. 14. STATE PARKS AND RECREATION AREAS OPERATIONS FUND 4 APPROPRIATION. There is appropriated from the state parks and 5 recreation areas operations fund created in section 455A.10A 6 to the department of natural resources for the fiscal year 7 beginning July 1, 2024, and ending June 30, 2025, the following 8 amounts, or so much thereof as is necessary, to be used for the 9 purposes designated: 10 1. For purposes of equipping park rangers with 11 interoperative park officer radios: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 456,000 13 2. For purposes of improving accessibility to state parks 14 and recreational areas by persons with disabilities, any 15 unencumbered or unobligated moneys remaining in the fund. 16 Sec. 15. SUSPENSION OF BLUFFLANDS PROTECTION PROGRAM 17 AND LIMITATION OF MONEYS EXPENDED FROM BLUFFLANDS PROTECTION 18 REVOLVING FUND. 19 1. The blufflands protection program created in section 20 161A.80A is suspended and moneys shall not be expended from the 21 blufflands protection revolving fund other than to wind down 22 existing obligations until its termination date. 23 2. This section is repealed on October 1, 2024. 24 Sec. 16. EFFECTIVE DATES. 25 1. Except as provided in subsection 2, this division of this 26 Act takes effect July 1, 2024. 27 2. The section of this division of this Act suspending the 28 blufflands protection program, and limiting the expenditure of 29 moneys from the blufflands protection revolving fund, being 30 deemed of immediate importance, takes effect upon enactment. 31 DIVISION II 32 GROUNDWATER PROTECTION ACT 33 Sec. 17. Section 455E.11, subsection 1, paragraph c, Code 34 2024, is amended by striking the paragraph. 35 -9- LSB 6306HV (3) 90 da/ns 9/ 37
H.F. 2614 DIVISION III 1 INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) 2 Sec. 18. Section 466.4, subsection 2, paragraphs d and e, 3 Code 2024, are amended by striking the paragraphs. 4 Sec. 19. NEW SECTION . 466.4A Prairie seed harvest program. 5 The department of natural resources shall establish a 6 prairie seed harvest program to assist in the restoration of 7 prairies and provide for private land stewardship and public 8 resource management through assistance with the implementation 9 of buffer and filter strip practices, and public or private 10 habitat development and management. The department shall carry 11 out these efforts through landowner contacts and cooperation 12 with private and public organizations. 13 Sec. 20. Section 466.5, subsection 5, Code 2024, is amended 14 by striking the subsection. 15 Sec. 21. Section 466.7, Code 2024, is amended to read as 16 follows: 17 466.7 Water quality protection program. 18 1. The department of agriculture and land stewardship shall 19 implement, in conjunction with the federal government and other 20 entities, a program that provides multiobjective resource 21 protections for flood control, water quality, erosion control, 22 and natural resource conservation. 23 2. The department of agriculture and land stewardship shall 24 implement a statewide, voluntary farm management demonstration 25 program to demonstrate the effectiveness and adaptability of 26 emerging practices in agronomy that protect water resources and 27 provide other environmental benefits. A demonstration program 28 under this subsection may complement, but shall not duplicate, 29 projects conducted by Iowa state university extension service. 30 The demonstration program shall be designed to concentrate on 31 management techniques in both the livestock and crop genres 32 and shall be offered to farm operators through an educational 33 setting and demonstration projects. The demonstration program 34 shall be offered in conjunction with the community colleges, 35 -10- LSB 6306HV (3) 90 da/ns 10/ 37
H.F. 2614 Iowa state university, and private farmer demonstrations. 1 Continuing education units shall be offered. The educational 2 program shall be offered at no cost to farm operators who file 3 a schedule F with the internal revenue service and do not have 4 permitted livestock facilities or are certified under a manure 5 management plan. 6 3. The department of agriculture and land stewardship shall 7 provide financial assistance for the establishment of permanent 8 soil and water conservation practices. 9 4. The department of natural resources shall provide local 10 watershed managers with geographic information system data for 11 their use in developing, monitoring, and displaying results 12 of their watershed work. The local watershed data shall be 13 considered public records and are accessible to the public 14 pursuant to chapter 22 . 15 5. The department of natural resources shall develop a 16 program that provides support to local volunteer management 17 efforts to the different programs concerned with water quality. 18 The department shall assist in coordinating and tracking of the 19 volunteer component of these programs to increase efficiency 20 and avoid duplication of efforts in water quality monitoring 21 and watershed improvement. 22 6. The department of natural resources shall provide for 23 activities supporting the analysis of water quality monitoring 24 data for trends and for the preparation and presentation of 25 data to the public. 26 7. The department of natural resources shall contract 27 to assist its staff with the review of national pollutant 28 discharge elimination system permits. 29 8. The department of natural resources shall expand 30 floodplain protection education to better inform local 31 officials that make decisions with regard to floodplain 32 management. 33 9. The department of natural resources shall continue 34 the establishment of an effective and efficient method 35 -11- LSB 6306HV (3) 90 da/ns 11/ 37
H.F. 2614 of developing a total maximum daily load program, based 1 on information gathered on other states programs and 2 investigation into alternative methods for satisfying the 3 requirements. 4 Sec. 22. NEW SECTION . 466.7A Water quality analysis. 5 1. The department of natural resources shall provide local 6 watershed managers with geographic information system data for 7 their use in developing, monitoring, and displaying results 8 of their watershed work. The local watershed data shall be 9 considered public records and are accessible to the public 10 pursuant to chapter 22. 11 2. The department of natural resources shall support 12 local volunteer management efforts to the different programs 13 concerned with water quality. The department shall assist 14 in coordinating and tracking of the volunteer component of 15 these programs to increase efficiency and avoid duplication of 16 efforts in water quality monitoring and watershed improvement. 17 3. The department of natural resources shall provide for 18 activities supporting the analysis of water quality monitoring 19 data for trends and for the preparation and presentation of 20 data to the public. 21 4. The department of natural resources shall continue 22 the establishment of an effective and efficient method 23 of developing a total maximum daily load program, based 24 on information gathered on other states programs and 25 investigation into alternative methods for satisfying the 26 requirements. 27 Sec. 23. Section 466.9, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. An on-site wastewater systems assistance fund is 30 established as a separate fund in the state treasury under the 31 control of the department of natural resources. Moneys in the 32 fund are appropriated to the department of natural resources 33 for the exclusive purpose of supporting and administering the 34 on-site wastewater systems assistance program as established in 35 -12- LSB 6306HV (3) 90 da/ns 12/ 37
H.F. 2614 section 466.8 467.414 . 1 Sec. 24. REPEAL. Sections 466.1, 466.2, and 466.3, Code 2 2024, are repealed. 3 DIVISION IV 4 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT 5 PART A 6 GENERAL 7 Sec. 25. Section 466B.2, Code 2024, is amended to read as 8 follows: 9 466B.2 Definitions chapter . 10 For the purposes of this chapter , unless the context 11 otherwise requires: 12 1. Council means the water resources coordinating council 13 created in section 466B.3 . 14 2. 1. Iowa nutrient reduction strategy means the same as 15 defined in section 455B.171 . 16 3. Political subdivision means any of the following: 17 a. A city. 18 b. A county. 19 c. A soil and water conservation district described in 20 section 161A.5 . 21 d. A benefited recreational lake district or a water quality 22 district or a combined district incorporated as a public entity 23 and organized pursuant to chapter 357E . 24 e. A rural improvement zone established pursuant to chapter 25 357H . 26 4. 2. Regional watershed means a watershed of hydrologic 27 unit code scale 8. 28 5. 3. Subwatershed means a watershed of hydrologic unit 29 code scale 12 or smaller. 30 6. 4. Watershed means a geographic area in which surface 31 water is drained by rivers, streams, or other bodies of water. 32 PART B 33 WATER RESOURCE COORDINATING COUNCIL 34 Sec. 26. NEW SECTION . 466B.2A Definitions subchapter. 35 -13- LSB 6306HV (3) 90 da/ns 13/ 37
H.F. 2614 As used in this subchapter, unless the context otherwise 1 requires: 2 1. Council means the water resources coordinating council 3 established in section 467.202. 4 2. Secretary means the secretary of agriculture. 5 Sec. 27. Section 466B.3, subsection 2, Code 2024, is amended 6 to read as follows: 7 2. Purpose. The purpose of the council shall be to preserve 8 and protect Iowas water resources, and to coordinate the 9 management of those resources in a sustainable and fiscally 10 responsible manner. In the pursuit of this purpose, the 11 council shall use an integrated approach to water resource 12 management, recognizing that insufficiencies exist in current 13 approaches and practices, as well as in funding sources and 14 the utilization of funds. The integrated approach used by the 15 council shall attempt to overcome old categories, labels, and 16 obstacles with the primary goal of managing the states water 17 resources comprehensively rather than compartmentally. 18 Sec. 28. Section 466B.3, subsections 4, 5, and 6, Code 2024, 19 are amended by striking the subsections. 20 Sec. 29. NEW SECTION . 466B.3A Membership, meetings, and 21 quorum. 22 1. The water resources coordinating council shall consist 23 of all of the following members: 24 a. The secretary of agriculture, who shall be the 25 chairperson, or the secretarys designee. 26 b. The director of the department of natural resources or 27 the directors designee. 28 c. The director of the division of soil conservation and 29 water quality within the department of agriculture and land 30 stewardship or the directors designee. 31 d. The director of the department of health and human 32 services or the directors designee. 33 e. The director of the department of homeland security and 34 emergency management or the directors designee. 35 -14- LSB 6306HV (3) 90 da/ns 14/ 37
H.F. 2614 f. The dean of the college of agriculture and life sciences 1 at Iowa state university or the deans designee. 2 g. The dean of the college of public health at the 3 university of Iowa or the deans designee. 4 h. The dean of the college of natural sciences at the 5 university of northern Iowa or the deans designee. 6 i. The director of transportation or the directors 7 designee. 8 j. The director of the economic development authority or the 9 directors designee. 10 k. The dean of the college of engineering at the university 11 of Iowa or the deans designee. 12 2. As the chairperson, and in order to further the 13 coordination efforts of the council, the secretary may 14 invite representatives from any other public agency, private 15 organization, business, citizen group, or nonprofit entity to 16 give public input at council meetings, provided the entity has 17 an interest in the coordinated management of land resources, 18 soil conservation, flood mitigation, or water quality. The 19 secretary shall also invite and solicit advice from the 20 following: 21 a. The director of the Iowa water science center of the 22 United States geological survey or the directors designee. 23 b. The state conservationist from the Iowa office of the 24 United States department of agricultures natural resources 25 conservation service or the state conservationists designee. 26 c. The state director for Iowa from the United States 27 department of agricultures farm services agency or the state 28 directors designee. 29 d. The state director for Iowa from the United States 30 department of agricultures office of rural development or the 31 state directors designee. 32 e. The director of region seven of the United States 33 environmental protection agency or the directors designee. 34 f. The corps commander from the United States army corps of 35 -15- LSB 6306HV (3) 90 da/ns 15/ 37
H.F. 2614 engineers Rock Island district or the commanders designee. 1 3. a. The council shall be convened by the secretary at 2 least quarterly. 3 b. A majority of the members fixed by statute shall 4 constitute a quorum, and any action taken by the council must 5 be adopted by a majority of the voting membership. 6 Sec. 30. NEW SECTION . 466B.3B Duties and powers. 7 1. The water resources coordinating council shall engage in 8 the regular coordination of water resource-related functions, 9 including protection strategies, planning, assessment, 10 prioritization, review, concurrence, advocacy, and education. 11 2. In coordinating water resource-related functions, 12 the water resources coordinating council may do all of the 13 following: 14 a. Consider the steps necessary to address the planning, 15 management, and implementation of water resource improvement. 16 b. Identify ways to facilitate communication and 17 participation among all water resource stakeholders, including 18 owners of land in Iowa whether they are residents or not. 19 c. Identify inefficiencies in current programs and recommend 20 ways to eliminate duplicative services. 21 d. Improve the availability and management of water resource 22 information. 23 e. Regularly assess and identify measurable improvements in 24 water quality. 25 f. Develop a protocol which identifies high-priority 26 watersheds, including local and community-based subwatersheds, 27 and which appropriately directs resources to those watersheds. 28 g. Review best available technologies on a regular basis, 29 so that investments of time and program resources can be 30 prioritized and directed to projects that will best and most 31 effectively improve water quality and reduce flood damage 32 within regional and community subwatersheds. 33 h. Review voluntary, performance-based standards for water 34 resource management, land management, and soil conservation. 35 -16- LSB 6306HV (3) 90 da/ns 16/ 37
H.F. 2614 i. Engage in dialogue with, and pursue efforts to make 1 cooperative agreements with, other states when a watershed 2 extends beyond borders of this state. 3 Sec. 31. Section 466B.9, Code 2024, is amended to read as 4 follows: 5 466B.9 Rulemaking authority. 6 The department of natural resources and the department 7 of agriculture and land stewardship and the department of 8 natural resources shall have the power and authority reasonably 9 necessary to carry out the duties imposed by this chapter , 10 including the adoption of rules pursuant to chapter 17A . As to 11 the department of natural resources, this includes rulemaking 12 authority to carry out the regional watershed assessment 13 program described in section 466B.5 . As to the department of 14 agriculture and land stewardship, this includes rulemaking 15 authority to assist in the implementation of community-based 16 subwatershed improvement plans. 17 Sec. 32. REPEAL. Sections 466B.4, 466B.5, 466B.6, 466B.7, 18 466B.8, 466B.10, and 466B.11, Code 2024, are repealed. 19 PART C 20 WATERSHED PARTNERSHIPS 21 Sec. 33. Section 466B.21, Code 2024, is amended to read as 22 follows: 23 466B.21 Definitions. 24 As used in this subchapter , unless the context otherwise 25 requires: 26 1. Authority means a watershed management authority 27 created pursuant to a chapter 28E agreement as provided in this 28 subchapter . 29 2. 1. Board means a board of directors of a watershed 30 management authority the governing body of the watershed 31 partnership as provided in section 467.504 . 32 2. Partnership means a watershed partnership created 33 pursuant to section 467.502. 34 3. Political subdivision means any of the following: 35 -17- LSB 6306HV (3) 90 da/ns 17/ 37
H.F. 2614 a. A city. 1 b. A county. 2 c. A soil and water conservation district described in 3 section 161A.5. 4 d. A benefited recreational lake district or a water quality 5 district or a combined district incorporated as a public entity 6 and organized pursuant to chapter 357E. 7 e. A rural improvement zone established pursuant to chapter 8 357H. 9 Sec. 34. Section 466B.22, Code 2024, is amended to read as 10 follows: 11 466B.22 Watershed management authorities created partnerships 12 establishment . 13 1. Two or more political subdivisions may create establish , 14 by chapter 28E agreement, a watershed management authority 15 partnership pursuant to this subchapter . The participating 16 political subdivisions must be located in the same United 17 States geological survey hydrologic unit code 8 watershed. All 18 political subdivisions within a watershed must be notified 19 within thirty days prior to organization of any watershed 20 management authority partnership within the watershed, and 21 provided the opportunity to participate. 22 2. The chapter 28E agreement shall include a map showing the 23 area and boundaries of the authority watershed partnerships 24 jurisdiction . 25 3. A political subdivision may participate in more than 26 one authority watershed partnership created pursuant to this 27 subchapter . 28 4. A political subdivision is not required to participate in 29 a watershed management authority partnership or be a party to a 30 chapter 28E agreement under this subchapter . 31 5. If a portion of a United States geological survey 32 hydrologic unit code 8 watershed is located outside of this 33 state, any political subdivision in such a watershed may 34 participate in any watershed management authority partnership 35 -18- LSB 6306HV (3) 90 da/ns 18/ 37
H.F. 2614 which includes the county in which the political subdivision 1 is located. 2 6. A watershed partnership is not a partnership governed 3 under chapter 486A or 488. 4 Sec. 35. Section 466B.23, Code 2024, is amended to read as 5 follows: 6 466B.23 Duties Watershed partnership duties . 7 1. A watershed management authority partnership may perform 8 all of the following duties: 9 1. a. Assess the flood risks in the watershed Identify, 10 plan for, and assess options for reducing the risk of floods 11 in the watershed . 12 2. b. Assess the water quality in the watershed. 13 3. c. Assess options for reducing flood risk and improving 14 water quality in the watershed. 15 4. d. Monitor federal flood risk planning and activities. 16 5. e. Educate residents of the watershed area regarding 17 water quality and flood risks. 18 f. Support and implement water quality projects in the 19 watershed that are consistent with the Iowa nutrient reduction 20 strategy. 21 g. Engage in efforts to maximize efficiency and increase 22 capacity for implementation of water quality practices that are 23 consistent with the Iowa nutrient reduction strategy. 24 6. h. Allocate moneys made available to the authority 25 watershed partnership for purposes of water quality and flood 26 mitigation and water quality . 27 i. Coordinate its undertakings with the department of 28 agriculture and land stewardship, the department of natural 29 resources, councils of governments, public drinking water 30 utilities, and soil and water conservation districts. 31 7. j. Make and enter into contracts and agreements 32 and execute all instruments necessary or incidental to 33 the performance of the duties of the authority watershed 34 partnership . 35 -19- LSB 6306HV (3) 90 da/ns 19/ 37
H.F. 2614 2. A watershed partnership shall not allocate moneys for 1 water quality nutrient reduction practices unless the moneys 2 are expended in a manner that is consistent with the Iowa 3 nutrient reduction strategy or the Iowa storm water management 4 manual published by the department of natural resources. 5 3. A watershed management authority partnership shall not 6 acquire property by eminent domain. 7 Sec. 36. Section 466B.24, Code 2024, is amended to read as 8 follows: 9 466B.24 Board of directors Watershed partnership governing 10 body . 11 1. An authority A watershed partnership shall be governed 12 administered by a board of directors joint board as provided in 13 section 28E.6 . Members of a board of directors of an authority 14 shall be divided among the political subdivisions comprising 15 the authority watershed partnership and shall be appointed 16 by the their respective political subdivisions elected 17 legislative body bodies . 18 2. A board of directors shall consist of one representative 19 of each participating political subdivision. This subsection 20 shall not apply if a chapter 28E agreement under this 21 subchapter provides an alternative board composition method. 22 3. The directors shall serve staggered terms of four years. 23 The initial board shall determine, by lot, the initial terms 24 to be shortened and lengthened, as necessary, to achieve 25 staggered terms. A person appointed to fill a vacancy shall be 26 appointed in the same manner as the original appointment for 27 the duration of the unexpired term. A director is eligible for 28 reappointment. This subsection shall not apply if a chapter 29 28E agreement under this subchapter provides an alternative 30 for the length of term, appointment, and reappointment of 31 directors. 32 4. A board may provide procedures for the removal of a 33 director who fails to attend three consecutive regular meetings 34 of the board. If a director is so removed, a successor shall be 35 -20- LSB 6306HV (3) 90 da/ns 20/ 37
H.F. 2614 appointed for the duration of the unexpired term of the removed 1 director in the same manner as the original appointment. The 2 appointing body may at any time remove a director appointed by 3 it for misfeasance, nonfeasance, or malfeasance in office. 4 5. A board shall adopt bylaws and shall elect one director 5 as chairperson and one director as vice chairperson, each for a 6 term of two years, and shall appoint a secretary who need not 7 be a director. 8 6. A majority of the membership of a board of directors 9 shall constitute a quorum for the purpose of holding a meeting 10 of the board. The affirmative vote of a majority of a quorum 11 shall be necessary for any action taken by an authority unless 12 the authoritys bylaws specify those particular actions of the 13 authority requiring a greater number of affirmative votes. A 14 vacancy in the membership of the board shall not impair the 15 rights of a quorum to exercise all the rights and perform all 16 the duties of the authority. 17 Sec. 37. REPEAL. Section 466B.25, Code 2024, is repealed. 18 Sec. 38. TRANSITIONAL PROVISIONS APPOINTMENT AND TERMS 19 OF BOARD OF DIRECTORS AND PRIOR ACTIONS BY THE BOARD. 20 1. This division of this Act, and the transfers directed 21 by this Act, shall not affect the appointment or any term of 22 office of an individual who served as a director of a watershed 23 management authority immediately prior to the effective date 24 of this Act and who now serves as a member of a joint board 25 for a watershed partnership. That individual shall continue 26 to serve on the joint board of the watershed partnership until 27 the individuals term would otherwise expire or the individual 28 is otherwise replaced. 29 2. A watershed partnership which existed as a watershed 30 management authority shall change its name as it appears on 31 all formal documents which are in force and effect as soon as 32 practicable in a cost-effective manner. 33 3. Any affirmative action adopted by a political 34 subdivision creating a watershed management authority under 35 -21- LSB 6306HV (3) 90 da/ns 21/ 37
H.F. 2614 section 466B.22, Code 2024, or the board of directors of a 1 watershed management authority operating under section 466B.24, 2 Code 2024, that is in force and effect immediately prior to the 3 effective date of this Act, shall continue in full force and 4 effect until the earlier of the following: 5 a. It is amended, rescinded, or supplemented by the 6 affirmative action of the watershed partnership. 7 b. It expires by its own terms. 8 PART D 9 WATERSHED PLANNING ADVISORY COUNCIL 10 Sec. 39. REPEAL. Section 466B.31, Code 2024, is repealed. 11 PART E 12 WATER QUALITY INITIATIVE NUTRIENTS 13 Sec. 40. Section 466B.41, Code 2024, is amended to read as 14 follows: 15 466B.41 Definitions. 16 As used in this subchapter, unless the context otherwise 17 requires: 18 1. Center means the Iowa nutrient research center 19 established pursuant to section 466B.47 467.321 . 20 2. Council means the Iowa nutrient research center 21 advisory council established pursuant to section 466B.48 22 467.322 . 23 3. Division means the division of soil conservation and 24 water quality created within the department of agriculture and 25 land stewardship pursuant to section 159.5 . 26 4. Fund means the water quality initiative fund created 27 in section 466B.45 . 28 5. 4. Nutrient includes nitrogen and phosphorus. 29 Sec. 41. Section 466B.43, subsection 1, Code 2024, is 30 amended to read as follows: 31 1. As part of the water quality initiative established 32 pursuant to section 466B.42 467.311 , the division shall 33 administer water quality agriculture infrastructure programs 34 created in this section . 35 -22- LSB 6306HV (3) 90 da/ns 22/ 37
H.F. 2614 Sec. 42. Section 466B.44, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. As part of the water quality initiative established 3 pursuant to section 466B.42 467.311 , the division shall 4 administer a water quality urban infrastructure program. 5 Sec. 43. Section 466B.44, subsection 5, paragraph b, Code 6 2024, is amended to read as follows: 7 b. Support water quality agriculture infrastructure programs 8 created in section 466B.43 467.313 , to the extent that moneys 9 are not obligated or encumbered during a fiscal year to 10 adequately support all urban infrastructure program projects 11 that meet the divisions requirements. 12 Sec. 44. Section 466B.46, subsection 3, Code 2024, is 13 amended to read as follows: 14 3. Moneys in the fund are appropriated to the center and 15 shall be used exclusively by the center to carry out its 16 purpose as described in section 466B.47 467.321 . 17 Sec. 45. Section 466B.48, subsection 4, Code 2024, is 18 amended to read as follows: 19 4. The council shall function on a continuing basis for the 20 study and recommendation of solutions for consideration by the 21 Iowa nutrient research center in carrying out its purpose as 22 provided in section 466B.47 467.321 . 23 DIVISION V 24 COORDINATING AMENDMENTS 25 Sec. 46. Section 8.57B, subsection 3, Code 2024, is amended 26 to read as follows: 27 3. Moneys in the fund are appropriated to the division 28 of soil conservation and water quality of the department of 29 agriculture and land stewardship for the exclusive purpose of 30 supporting water quality agriculture infrastructure programs 31 created in section 466B.43 467.313 . 32 Sec. 47. Section 16.134A, subsection 3, paragraph c, Code 33 2024, is amended to read as follows: 34 c. Fifteen percent to the division of soil conservation 35 -23- LSB 6306HV (3) 90 da/ns 23/ 37
H.F. 2614 and water quality of the department of agriculture and land 1 stewardship to support the water quality urban infrastructure 2 program created in section 466B.44 467.314 . 3 Sec. 48. Section 455B.109, subsection 5, paragraph b, Code 4 2024, is amended to read as follows: 5 b. Civil penalties assessed and collected by or on behalf of 6 the department and interest on the civil penalties as provided 7 in sections 459.602 , 459.603 , 459.604 , 459A.502 , and 459B.402 8 shall be credited to the Iowa nutrient research fund created in 9 section 466B.46 467.323 . 10 Sec. 49. Section 455E.11, subsection 2, paragraph b, 11 subparagraph (2), subparagraph division (a), Code 2024, is 12 amended to read as follows: 13 (a) Thirty-five percent is appropriated annually to the 14 Iowa nutrient research fund created in section 466B.46 467.323 . 15 Of the moneys appropriated pursuant to this subparagraph 16 division, five hundred thousand dollars or one-third of the 17 moneys appropriated, whichever is higher, shall be deposited in 18 the water quality initiative fund created in section 466B.45 19 467.312 for purposes of supporting the water quality initiative 20 administered by the division of soil conservation and water 21 quality as provided in section 466B.42 467.311 . 22 Sec. 50. Section 459.602, Code 2024, is amended to read as 23 follows: 24 459.602 Air quality violations civil penalty. 25 A person who violates subchapter II shall be subject to 26 a civil penalty which shall be established, assessed, and 27 collected in the same manner as provided in section 455B.109 . 28 Any collected civil penalty and interest on a civil penalty 29 shall be credited to the Iowa nutrient research fund created in 30 section 466B.46 467.323 . 31 Sec. 51. Section 459.603, Code 2024, is amended to read as 32 follows: 33 459.603 Water quality violations civil penalty. 34 A person who violates subchapter III shall be subject to 35 -24- LSB 6306HV (3) 90 da/ns 24/ 37
H.F. 2614 a civil penalty which shall be established, assessed, and 1 collected in the same manner as provided in section 455B.109 or 2 455B.191 . Any collected civil penalty and interest on a civil 3 penalty shall be credited to the Iowa nutrient research fund 4 created in section 466B.46 467.323 . 5 Sec. 52. Section 459.604, subsection 2, Code 2024, is 6 amended to read as follows: 7 2. Moneys assessed and collected in civil penalties, and 8 interest earned on civil penalties, arising out of a violation 9 involving an animal feeding operation shall be credited to the 10 Iowa nutrient research fund created in section 466B.46 467.323 . 11 Sec. 53. Section 459A.502, Code 2024, is amended to read as 12 follows: 13 459A.502 Violations civil penalty. 14 A person who violates this chapter shall be subject to 15 a civil penalty which shall be established, assessed, and 16 collected in the same manner as provided in section 455B.191 . 17 Any collected civil penalty and interest on a civil penalty 18 shall be credited to the Iowa nutrient research fund created 19 in section 466B.46 467.323 . A person shall not be subject to a 20 penalty under this section and a penalty under section 459.603 21 for the same violation. 22 Sec. 54. Section 459B.402, Code 2024, is amended to read as 23 follows: 24 459B.402 Violations civil penalty. 25 A person who violates section 459B.301 shall be subject to 26 the same penalty as provided in section 459.602 , and a person 27 who violates any other provision of this chapter shall be 28 subject to the same penalty as provided in section 459.603 . 29 Any collected civil penalty and interest on a civil penalty 30 shall be credited to the Iowa nutrient research fund created in 31 section 466B.46 467.323 . 32 Sec. 55. Section 461.33, subsection 2, paragraph a, Code 33 2024, is amended to read as follows: 34 a. Soil conservation and watershed protection, including by 35 -25- LSB 6306HV (3) 90 da/ns 25/ 37
H.F. 2614 supporting the division of soil conservation and water quality 1 within the department of agriculture and land stewardship 2 and soil and water conservation district commissioners. The 3 department may provide for the installation of conservation 4 practices and watershed protection improvements as provided in 5 chapters 161A , 161C , 461A , and 466 467 . 6 Sec. 56. Section 461.34, subsection 2, Code 2024, is amended 7 to read as follows: 8 2. The account shall be used cooperatively by the department 9 of natural resources and the department of agriculture and land 10 stewardship to support all of the following initiatives: 11 a. Water resource projects administered by the department 12 of natural resources to preserve watersheds, including but not 13 limited to all of the following: 14 (1) Projects projects to protect, restore, or enhance 15 water quality in the state through the provision of financial 16 assistance to communities for impairment-based, locally 17 directed watershed projects. The department may use the 18 account to support the water resource restoration sponsor 19 program as provided in section 455B.199 . 20 (2) Regional and community watershed assessment, planning, 21 and prioritization efforts, including as provided in chapter 22 466B . 23 b. Surface water protection projects and practices 24 administered by the department of agriculture and land 25 stewardship or the department of natural resources , including 26 but not limited to the installation of permanent vegetation 27 cover, filter strips, grass waterways, and riparian forest 28 buffers; dredging; and bank stabilization. The departments 29 of agriculture and land stewardship and natural resources 30 department may use the account to support the conservation 31 buffer strip program provided in section 466.4 467.401 and the 32 conservation reserve enhancement program as provided in section 33 466.5 467.402 . 34 c. The prairie seed harvest program administered by the 35 -26- LSB 6306HV (3) 90 da/ns 26/ 37
H.F. 2614 department of natural resources as provided in section 467.405. 1 DIVISION VI 2 CODE ORGANIZATION 3 Sec. 57. DIRECTIONS TO CODE EDITOR TRANSFERS. The 4 Code editor is directed to place chapter 467 in Title XI, 5 subtitle 2, and organize chapter 467 in subchapters, parts, 6 and sections, including as amended or enacted by this Act, as 7 follows: 8 1. Subchapter I which shall include the following 9 transferred sections: 10 a. Section 466B.1 to section 467.101. 11 b. Section 466B.2 to section 467.102. 12 c. Section 466B.9 to section 467.103. 13 2. Subchapter II, which shall include the following 14 transferred sections: 15 a. Section 466B.2A to section 467.201. 16 b. Section 466B.3 to section 467.202. 17 c. Section 466B.3A to section 467.203. 18 d. Section 466B.3B to section 467.204. 19 3. Subchapter III, which shall include the following parts: 20 a. Part 1 which shall include the following transferred 21 sections: 22 (1) Section 466B.41 to section 467.301. 23 (2) Section 466B.49 to section 467.302. 24 b. Part 2 which shall include the following transferred 25 sections: 26 (1) Section 466B.42 to section 467.311. 27 (2) Section 466B.45 to section 467.312. 28 (3) Section 466B.43 to section 467.313. 29 (4) Section 466B.44 to section 467.314. 30 c. Part 3 which shall include the following transferred 31 sections: 32 (1) Section 466B.47 to section 467.321. 33 (2) Section 466B.48 to section 467.322. 34 (3) Section 466B.46 to section 467.323. 35 -27- LSB 6306HV (3) 90 da/ns 27/ 37
H.F. 2614 4. Subchapter IV which shall include the following parts: 1 a. Part 1 which shall include the following transferred 2 sections: 3 (1) Section 466.4 to section 467.401. 4 (2) Section 466.5 to section 467.402. 5 (3) Section 466.7 to section 467.403. 6 b. Part 2 which shall include the following transferred 7 sections: 8 (1) Section 466.4A to section 467.405. 9 (2) Section 466.6 to section 467.411. 10 (3) Section 466.7A to section 467.412. 11 (4) Section 466.9 to section 467.413. 12 (5) Section 466.8 to section 467.414. 13 5. Subchapter V which shall include the following 14 transferred sections: 15 a. Section 466B.21 to section 467.501. 16 b. Section 466B.22 to section 467.502. 17 c. Section 466B.23 to section 467.503. 18 d. Section 466B.24 to section 467.504. 19 Sec. 58. DIRECTIONS TO CODE EDITOR CORRECTIONS. The Code 20 editor shall correct internal references in the Code and in any 21 enacted legislation as necessary due to the enactment of this 22 division of this Act. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanations substance by the members of the general assembly. 26 GENERAL. This bill amends four Code chapters providing for 27 soil and water conservation, water quality, and flood control 28 primarily administered by the department of agriculture and 29 land stewardship (DALS), the department of natural resources 30 (DNR), and Iowa state university of science and technology 31 (ISU). The Code chapters include Iowas Soil Conservation 32 Districts Law (Code chapter 161A), the Groundwater Protection 33 Act (Code chapter 455E), the Initiative on Improving Our 34 Watershed Attributes (I on IOWA) (Code chapter 466), and 35 -28- LSB 6306HV (3) 90 da/ns 28/ 37
H.F. 2614 the Surface Water Protection and Flood Mitigation Act 1 (Code chapter 466B) which includes a number of subchapters, 2 including surface water protection and flood mitigation 3 (subchapter I), watershed management authorities (subchapter 4 II), watershed planning activities (subchapter III), and water 5 quality initiative nutrients (subchapter IV). The bill then 6 transfers Code sections in Code chapters 466 and 466B to new 7 Code chapter 467, including subchapters. 8 SOIL CONSERVATION DISTRICTS LAW BACKGROUND. Code chapter 9 161A is administered by the soil conservation and water quality 10 division (division) of DALS in cooperation with the state soil 11 conservation and water quality committee and the commissioners 12 (commissioners) of Iowas 100 soil and water conservation 13 districts (districts) (Code section 161A.5). The Code chapter 14 authorizes the payment of cost-share incentive payments to 15 landowners voluntarily installing practices to control erosion 16 and conserve water resources, and preserve or improve water 17 quality. The installation of a soil and water conservation 18 practice is designed to prevent erosion by wind or water in 19 excess of the districts soil loss limit, meaning the maximum 20 amount of soil loss measured in tons per acre per year due 21 to erosion determined by the commissioners to be acceptable 22 in their district (Code section 161A.42). A soil and water 23 conservation practice may be permanent, meaning that it has an 24 existence of multiple crop years, or temporary, meaning that 25 it has an existence of a single crop year. The division is 26 responsible for providing funding to assist in the installation 27 of a soil and water conservation practice (Code section 28 161A.73) and assisting each district in developing a district 29 soil and water resource conservation plan (district plan) to 30 meet its soil loss limit (Code sections 161A.4 and 161A.7). 31 SOIL CONSERVATION DISTRICTS LAW (SOIL CONSERVATION AND 32 WATER QUALITY AND SOIL HEALTH) BILL. The bill provides 33 for efforts to improve soil health, defined as the continuing 34 capacity of soil to function as a vital ecosystem that 35 -29- LSB 6306HV (3) 90 da/ns 29/ 37
H.F. 2614 sustains plants, animals, and humans (Code section 161A.3). 1 The bill provides that a district plan must provide for the 2 improvement of soil health and that the division may support 3 the establishment of soil and water conservation practices that 4 improve soil health. 5 SOIL CONSERVATION DISTRICTS LAW (TEMPORARY SOIL AND 6 WATER CONSERVATION PRACTICES) BILL. The bill expands the 7 definition of a temporary soil and water conservation practice 8 to include the use of cover crops, no-tillage, the installation 9 of an agriculture practice, silviculture practice, aquaculture 10 practice, or permaculture practice, or the use of extended crop 11 rotation or rotational grazing (Code section 161A.42). 12 SOIL CONSERVATION DISTRICTS LAW/BLUFFLANDS PROTECTION 13 BACKGROUND AND BILL. A blufflands protection program (Code 14 section 161A.80A) and blufflands protection revolving fund 15 were enacted in 2015 (2015 Iowa Acts, chapter 132, sections 45 16 and 46). The purpose of the program and fund is to make loans 17 to conservation organizations purchasing bluffland properties 18 adjacent to state public lands. The principal and interest 19 from any loan made from the fund outstanding on July 1, 2025, 20 that would have been payable to the fund must instead be 21 payable to the rebuild Iowa infrastructure fund created in Code 22 section 8.57 (Code section 161A.80B). The bill eliminates the 23 program and fund on October 1, 2024. Under current law, the 24 program and fund are to be eliminated on July 1, 2030. Until 25 then, the administration of the program and fund are suspended 26 other than as needed to wind up their affairs. Moneys in the 27 fund are transferred to a new state parks and recreation areas 28 operations fund under the control of DNR. The new fund is 29 also supported by principal and interest on loans that would 30 otherwise be paid into the eliminated fund or later to the 31 rebuild Iowa infrastructure fund. For FY 2024-2025, moneys 32 in the new fund are appropriated to support the purchase of 33 interoperative park officer radios and improving accessibility 34 to state parks and recreational areas by persons with 35 -30- LSB 6306HV (3) 90 da/ns 30/ 37
H.F. 2614 disabilities. 1 GROUNDWATER PROTECTION ACT (ANNUAL REPORT) BACKGROUND 2 AND BILL. The declared policy of the state is to prevent 3 groundwater contamination from point and nonpoint sources and 4 to restore the states groundwater to a potable condition 5 (Code section 455E.4). The bill amends the groundwater 6 protection fund (Code section 455E.11). The fund receives 7 moneys from various fees, is divided into several accounts, 8 and moneys from the fund are distributed to various entities 9 to carry out a stated purpose. DNRs director is responsible 10 for administering the fund and preparing a budget each year 11 regarding the expenditure of moneys in the fund. The secretary 12 of agriculture is required to submit a report to the governor 13 on a biennial basis regarding past and future expenditures. 14 The bill eliminates that requirement. 15 INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) 16 BACKGROUND AND BILL. The bill eliminates the provisions 17 naming the Code chapter (Code section 466.1) and its purpose 18 to develop a comprehensive water quality program that will 19 result in water quality improvements while reducing proposed 20 regulatory impacts (Code section 466.2). The bill also 21 eliminates the clean water award administered by DALS and DNR 22 (Code section 466.3). The bill revises the conservation buffer 23 strip program administered by DALS (Code section 466.4). The 24 bill eliminates a provision enacted as part of that program 25 in 2000, setting a five-year goal of enrolling an additional 26 475,000 acres. It also strikes a subsection and reenacts it 27 as a new stand-alone Code section requiring DNR to establish 28 a prairie seed harvest program (Code section 466.4A). The 29 bill revises the conservation reserve enhancement program 30 established to restore or construct wetlands, administered by 31 DALS (Code section 466.5). It eliminates a subsection enacted 32 in 2000, setting a five-year goal of establishing 32,500 acres 33 of wetlands. The bill does not amend a provision requiring 34 DNR to operate water quality monitoring stations (Code 35 -31- LSB 6306HV (3) 90 da/ns 31/ 37
H.F. 2614 section 466.6). The bill amends the Code section enacting 1 the water quality protection program (Code section 466.7). 2 That Code section includes nine subsections, each specifying 3 responsibilities to be carried by DALS or DNR, with the first 4 three of the nine subsections administered by DALS and the last 5 six of the nine subsections administered by DNR. Subsection 6 1 provides for multiobjective resource protections for flood 7 control, water quality, erosion control, and natural resource 8 conservation, which is not revised. Subsection 2 provides 9 for a statewide, voluntary farm management demonstration 10 program which is eliminated. Subsection 3 provides financial 11 assistance for the establishment of permanent soil and water 12 conservation practices, which is also eliminated. The next 13 three of the nine subsections, administered by DNR, relate to 14 the collection or analysis of data for use in determining water 15 quality on a watershed level. Subsection 4 provides for the 16 collection and use of geographic information system data, which 17 is not amended; subsection 5 requires DNR to support local 18 volunteer management efforts; and subsection 6 requires DNR to 19 support the analysis of water quality monitoring data. The 20 provisions in each of these three subsections are eliminated 21 and reenacted as subsections in a new Code section (Code 22 section 466.7A). The last three of the nine subsections, 23 administered by DNR, relate to the same powers exercised under 24 Code chapter 455B, subchapter III, regulating water quality. 25 Subsection 7 authorizes DNR to enter into contracts to assist 26 its staff in reviewing national pollutant discharge elimination 27 permit system (NPDES) permits; subsection 8 requires DNR to 28 expand floodplain education; and subsection 9 requires DNR to 29 develop a total maximum daily load (TMDL) program. All three 30 of these final subsections are eliminated. The bill does not 31 revise the on-site wastewater systems assistance program (Code 32 section 466.8) or the on-site wastewater systems assistance 33 fund (Code section 466.9), both administered by DNR. 34 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT 35 -32- LSB 6306HV (3) 90 da/ns 32/ 37
H.F. 2614 BACKGROUND. Code chapter 466B requires DALS, DNR, and ISU 1 to administer programs providing measures to preserve and 2 improve surface water and prevent or mitigate floods. The 3 Code chapter is divided into the following subchapters: 4 subchapter I providing for surface water protection and flood 5 mitigation, first enacted in 2008 (2008 Iowa Acts, chapter 6 1034); subchapter II providing for watershed management 7 authorities, first enacted in 2010 (2010 Iowa Acts, chapter 8 1116); subchapter III providing for watershed planning 9 activities, also first enacted in that same Act; and subchapter 10 IV providing for a water quality initiative and water quality 11 initiative fund, first enacted in 2013 (2013 Iowa Acts, chapter 12 132), and the Iowa nutrient research center enacted in the same 13 Act. 14 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (GENERAL) 15 BILL. The bill does not amend the Code chapters short 16 title (Code section 466B.1). It amends the definitions Code 17 section by eliminating two terms, council and political 18 subdivision, that do not apply to the entire Code chapter 19 (Code section 466B.2) and reenacts those terms in their 20 relevant subchapters. The definition of the term council is 21 enacted as a new Code section in the subchapter providing for 22 surface water protection and the flood mitigation (Code section 23 466B.2A) and the definition of the term political subdivision 24 is enacted in the subchapter providing for watershed management 25 authorities (Code section 466B.21). 26 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER 27 RESOURCES COORDINATING COUNCIL) BILL. The bill revises 28 the purposes of the water resources coordinating council by 29 eliminating a provision that refers to using an integrated 30 approach of water resource management (Code section 466B.3). 31 The bill strikes three subsections and reenacts them as 32 new Code sections, including subsections 4 and 5 providing 33 for the councils membership, meetings, and quorums (Code 34 section 466B.3A) and subsection 6 providing for the councils 35 -33- LSB 6306HV (3) 90 da/ns 33/ 37
H.F. 2614 powers and duties (Code section 466B.3B). The bill amends a 1 provision authorizing DALS and DNR to adopt rules necessary 2 to administer the Code chapter, including by eliminating 3 provisions that refer to repealed Code sections (Code section 4 466B.9). Those repealed Code sections include legislative 5 findings and a marketing campaign (Code section 466B.4), the 6 creation of a regional watershed assessment, planning, and 7 prioritization, administered by DNR (Code section 466B.5), the 8 creation of community-based subwatershed improvement plans 9 administered by DNR (Code section 466B.6), community-based 10 subwatershed monitoring administered by DNR (Code section 11 466B.7), a wastewater and storm water infrastructure assessment 12 administered by DNR (Code section 466B.8), efforts to form a 13 chapter of the association of floodplain managers administered 14 by the council (Code section 466B.10), and education provided 15 to the general public regarding floodplains (Code section 16 466B.11). 17 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED 18 MANAGEMENT AUTHORITIES) BACKGROUND. Two or more political 19 subdivisions may enter into a Code chapter 28E agreement to 20 participate in joint projects to improve watershed quality 21 by forming an entity referred to as a watershed management 22 authority (authority). The relevant provisions include 23 definitions (Code section 466B.21), procedures to create an 24 authority (Code section 466B.22), the duties of an authority 25 (Code section 466B.23), the authoritys board of directors 26 (Code section 466B.24), and the authoritys ability to 27 coordinate its activities with DNR. 28 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED 29 MANAGEMENT AUTHORITIES) BILL. The bill changes the 30 name of a watershed management authority to a watershed 31 management partnership (partnership). The bill provides that 32 a partnership may identify, plan for, and assess options 33 to reduce the risk of flood in the watershed (Code section 34 466B.23). It also eliminates provisions in that Code section 35 -34- LSB 6306HV (3) 90 da/ns 34/ 37
H.F. 2614 authorizing a partnership to assess water quality, and engage 1 in education efforts regarding water quality. The bill 2 authorizes a partnership to coordinate its efforts with DALS, 3 DNR, councils of governments, a public drinking water utility, 4 and a soil and water conservation district. The bill prohibits 5 a partnership from allocating moneys for water quality, unless 6 the moneys are expended consistent with the Iowa nutrient 7 reduction strategy (see Code section 455B.171) or DNRs Iowa 8 storm water management manual. The name of the governing 9 body is changed from a board of directors to a joint board 10 in conformance with chapter 28E agreement requirements (Code 11 section 28E.6). The bill eliminates requirements establishing 12 a number of board members and their terms, cause for their 13 removals, the designation of officers, and quorum requirements. 14 The bill includes a temporary provision carrying over the terms 15 of the board of directors and continuing actions taken by the 16 board of directors. The bill eliminates the provision which 17 expressly allows a partnership to coordinate its activities 18 with DNR (Code section 466B.25). 19 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED 20 PLANNING ADVISORY COUNCIL) BACKGROUND AND BILL. The 21 watershed planning advisory council represents diverse 22 stakeholders for purposes of reviewing research and making 23 recommendations to various state entities regarding methods 24 to protect water resources in the state, assure an adequate 25 supply of water, mitigate and prevent floods, and coordinate 26 the management of those resources in a sustainable, fiscally 27 responsible, and environmentally responsible manner (Code 28 section 466B.31). The bill eliminates the council. 29 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER 30 QUALITY INITIATIVE) BACKGROUND AND BILL. The water quality 31 initiative is established in order to assess and reduce 32 nutrients in this states watersheds, including subwatersheds 33 and regional watersheds, and to implement programs to reduce 34 nutrients in surface waters from nonpoint sources in a 35 -35- LSB 6306HV (3) 90 da/ns 35/ 37
H.F. 2614 scientific, reasonable, and cost-effective manner (Code section 1 466B.42). The initiative is administered by DALS acting 2 through the division. Information received by these entities 3 that identifies participating landowners is confidential 4 (Code section 466B.49). The division administers two water 5 quality agriculture infrastructure programs, including 6 an edge-of-field infrastructure program and an in-field 7 infrastructure program (Code section 466B.43). The purpose of 8 the programs is to support projects that reduce contributing 9 nutrient loads, associated sediment, or contaminants to surface 10 waters consistent with the Iowa nutrient reduction strategy. 11 The division also administers an urban infrastructure 12 program to support watershed projects that decrease erosion, 13 precipitation-induced surface runoff, and storm water 14 discharges and that increase water infiltration rates based 15 on DNRs Iowas storm water management manual (Code section 16 466B.44). Moneys deposited into the water quality initiative 17 fund (Code section 466B.45) are used to support the initiative. 18 The bill eliminates the term fund from the Code section 19 defining terms in the subchapter since the subchapter includes 20 two funds (Code section 466B.41). The bill does not revise 21 the remaining Code sections other than to provide coordinating 22 amendments due to their transfer to Code chapter 467. 23 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (NUTRIENT 24 RESEARCH) BACKGROUND AND BILL. The Iowa nutrient research 25 center is established as part of ISU to pursue a science-based 26 approach to nutrient management research that provides 27 recommendations for the development and implementation of 28 nutrient management practices (Code section 466.47). An Iowa 29 nutrient research center advisory council recommends possible 30 research issues for the center (Code section 466B.48). Moneys 31 deposited into the Iowa nutrient research fund are used to 32 support the initiative (Code section 466B.46). The bill does 33 not revise the remaining Code sections other than to provide 34 coordinating amendments due to their transfer to Code chapter 35 -36- LSB 6306HV (3) 90 da/ns 36/ 37
H.F. 2614 467. 1 TRANSFERS. The bill provides that the amended or enacted 2 Code sections in Code chapters 466 and 466B are to be 3 transferred to new Code chapter 467 which is to be divided into 4 five subchapters. The bill also makes a number of conforming 5 changes by amending provisions which refer to repealed Code 6 sections discussed above. Many of the conforming changes 7 amend Code sections that provide sources of moneys used to 8 support water quality initiative programs and the Iowa nutrient 9 research center without making substantive changes. Sources 10 of moneys used to support initiative programs include the 11 groundwater protection fund (Code section 455E.11) and the 12 water quality infrastructure fund (Code section 8.57B) that 13 includes moneys from the rebuild Iowa infrastructure fund 14 (Code section 8.57) and the water quality financial assistance 15 fund (Code section 16.134A) financed from moneys generated 16 from water service tax revenues (Code section 423G.6); and any 17 future moneys from the soil conservation and water protection 18 account (Code section 461.33) of the natural resources and 19 outdoor recreation trust fund (Code section 461.31). Amended 20 Code sections that provide sources of moneys used to support 21 the center include the groundwater protection fund and the 22 moneys collected from persons assessed civil penalties for 23 violating animal feeding operation statutes and rules (Code 24 sections 459.602, 459.603, 459.604, 459A.502, and 459B.402). 25 -37- LSB 6306HV (3) 90 da/ns 37/ 37