House Study Bill 674 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON SEXTON) 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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6306YC (2) 90 da/ns
H.F. _____ 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 6306YC (2) 90 da/ns 1/ 35
H.F. _____ 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 6306YC (2) 90 da/ns 2/ 35
H.F. _____ 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 6306YC (2) 90 da/ns 3/ 35
H.F. _____ 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 6306YC (2) 90 da/ns 4/ 35
H.F. _____ 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 6306YC (2) 90 da/ns 5/ 35
H.F. _____ 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 purposes by the federal government or an 4 agency of the federal government, and expend the money for the 5 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 6306YC (2) 90 da/ns 6/ 35
H.F. _____ 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. REPEAL. Sections 161A.80A, 161A.80B, and 161D.7, 19 Code 2024, are repealed. 20 DIVISION II 21 GROUNDWATER PROTECTION ACT 22 Sec. 10. Section 455E.11, subsection 1, paragraph c, Code 23 2024, is amended by striking the paragraph. 24 DIVISION III 25 INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) 26 Sec. 11. Section 466.4, subsection 2, paragraphs d and e, 27 Code 2024, are amended by striking the paragraphs. 28 Sec. 12. NEW SECTION . 466.4A Prairie seed harvest program. 29 The department of natural resources shall establish a 30 prairie seed harvest program to assist in the restoration of 31 prairies and provide for private land stewardship and public 32 resource management through assistance with the implementation 33 of buffer and filter strip practices, and public or private 34 habitat development and management. The department shall carry 35 -7- LSB 6306YC (2) 90 da/ns 7/ 35
H.F. _____ out these efforts through landowner contacts and cooperation 1 with private and public organizations. 2 Sec. 13. Section 466.5, subsection 5, Code 2024, is amended 3 by striking the subsection. 4 Sec. 14. Section 466.7, Code 2024, is amended to read as 5 follows: 6 466.7 Water quality protection program. 7 1. The department of agriculture and land stewardship shall 8 implement, in conjunction with the federal government and other 9 entities, a program that provides multiobjective resource 10 protections for flood control, water quality, erosion control, 11 and natural resource conservation. 12 2. The department of agriculture and land stewardship shall 13 implement a statewide, voluntary farm management demonstration 14 program to demonstrate the effectiveness and adaptability of 15 emerging practices in agronomy that protect water resources and 16 provide other environmental benefits. A demonstration program 17 under this subsection may complement, but shall not duplicate, 18 projects conducted by Iowa state university extension service. 19 The demonstration program shall be designed to concentrate on 20 management techniques in both the livestock and crop genres 21 and shall be offered to farm operators through an educational 22 setting and demonstration projects. The demonstration program 23 shall be offered in conjunction with the community colleges, 24 Iowa state university, and private farmer demonstrations. 25 Continuing education units shall be offered. The educational 26 program shall be offered at no cost to farm operators who file 27 a schedule F with the internal revenue service and do not have 28 permitted livestock facilities or are certified under a manure 29 management plan. 30 3. The department of agriculture and land stewardship shall 31 provide financial assistance for the establishment of permanent 32 soil and water conservation practices. 33 4. The department of natural resources shall provide local 34 watershed managers with geographic information system data for 35 -8- LSB 6306YC (2) 90 da/ns 8/ 35
H.F. _____ their use in developing, monitoring, and displaying results 1 of their watershed work. The local watershed data shall be 2 considered public records and are accessible to the public 3 pursuant to chapter 22 . 4 5. The department of natural resources shall develop a 5 program that provides support to local volunteer management 6 efforts to the different programs concerned with water quality. 7 The department shall assist in coordinating and tracking of the 8 volunteer component of these programs to increase efficiency 9 and avoid duplication of efforts in water quality monitoring 10 and watershed improvement. 11 6. The department of natural resources shall provide for 12 activities supporting the analysis of water quality monitoring 13 data for trends and for the preparation and presentation of 14 data to the public. 15 7. The department of natural resources shall contract 16 to assist its staff with the review of national pollutant 17 discharge elimination system permits. 18 8. The department of natural resources shall expand 19 floodplain protection education to better inform local 20 officials that make decisions with regard to floodplain 21 management. 22 9. The department of natural resources shall continue 23 the establishment of an effective and efficient method 24 of developing a total maximum daily load program, based 25 on information gathered on other states programs and 26 investigation into alternative methods for satisfying the 27 requirements. 28 Sec. 15. NEW SECTION . 466.7A Water quality analysis. 29 1. The department of natural resources shall provide local 30 watershed managers with geographic information system data for 31 their use in developing, monitoring, and displaying results 32 of their watershed work. The local watershed data shall be 33 considered public records and are accessible to the public 34 pursuant to chapter 22. 35 -9- LSB 6306YC (2) 90 da/ns 9/ 35
H.F. _____ 2. The department of natural resources shall support 1 local volunteer management efforts to the different programs 2 concerned with water quality. The department shall assist 3 in coordinating and tracking of the volunteer component of 4 these programs to increase efficiency and avoid duplication of 5 efforts in water quality monitoring and watershed improvement. 6 3. The department of natural resources shall provide for 7 activities supporting the analysis of water quality monitoring 8 data for trends and for the preparation and presentation of 9 data to the public. 10 4. The department of natural resources shall continue 11 the establishment of an effective and efficient method 12 of developing a total maximum daily load program, based 13 on information gathered on other states programs and 14 investigation into alternative methods for satisfying the 15 requirements. 16 Sec. 16. Section 466.9, subsection 1, Code 2024, is amended 17 to read as follows: 18 1. An on-site wastewater systems assistance fund is 19 established as a separate fund in the state treasury under the 20 control of the department of natural resources. Moneys in the 21 fund are appropriated to the department of natural resources 22 for the exclusive purpose of supporting and administering the 23 on-site wastewater systems assistance program as established in 24 section 466.8 467.413 . 25 Sec. 17. REPEAL. Sections 466.1, 466.2, and 466.3, Code 26 2024, are repealed. 27 DIVISION IV 28 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT 29 PART A 30 GENERAL 31 Sec. 18. Section 466B.2, Code 2024, is amended to read as 32 follows: 33 466B.2 Definitions chapter . 34 For the purposes of this chapter , unless the context 35 -10- LSB 6306YC (2) 90 da/ns 10/ 35
H.F. _____ otherwise requires: 1 1. Council means the water resources coordinating council 2 created in section 466B.3 . 3 2. 1. Iowa nutrient reduction strategy means the same as 4 defined in section 455B.171 . 5 3. Political subdivision means any of the following: 6 a. A city. 7 b. A county. 8 c. A soil and water conservation district described in 9 section 161A.5 . 10 d. A benefited recreational lake district or a water quality 11 district or a combined district incorporated as a public entity 12 and organized pursuant to chapter 357E . 13 e. A rural improvement zone established pursuant to chapter 14 357H . 15 4. 2. Regional watershed means a watershed of hydrologic 16 unit code scale 8. 17 5. 3. Subwatershed means a watershed of hydrologic unit 18 code scale 12 or smaller. 19 6. 4. Watershed means a geographic area in which surface 20 water is drained by rivers, streams, or other bodies of water. 21 PART B 22 WATER RESOURCE COORDINATING COUNCIL 23 Sec. 19. NEW SECTION . 466B.2A Definitions subchapter. 24 As used in this subchapter, unless the context otherwise 25 requires: 26 1. Council means the water resources coordinating council 27 established in section 467.202. 28 2. Secretary means the secretary of agriculture. 29 Sec. 20. Section 466B.3, subsection 2, Code 2024, is amended 30 to read as follows: 31 2. Purpose. The purpose of the council shall be to preserve 32 and protect Iowas water resources, and to coordinate the 33 management of those resources in a sustainable and fiscally 34 responsible manner. In the pursuit of this purpose, the 35 -11- LSB 6306YC (2) 90 da/ns 11/ 35
H.F. _____ council shall use an integrated approach to water resource 1 management, recognizing that insufficiencies exist in current 2 approaches and practices, as well as in funding sources and 3 the utilization of funds. The integrated approach used by the 4 council shall attempt to overcome old categories, labels, and 5 obstacles with the primary goal of managing the states water 6 resources comprehensively rather than compartmentally. 7 Sec. 21. Section 466B.3, subsections 4, 5, and 6, Code 2024, 8 are amended by striking the subsections. 9 Sec. 22. NEW SECTION . 466B.3A Membership, meetings, and 10 quorum. 11 1. The water resources coordinating council shall consist 12 of all of the following members: 13 a. The secretary of agriculture, who shall be the 14 chairperson, or the secretarys designee. 15 b. The director of the department of natural resources or 16 the directors designee. 17 c. The director of the division of soil conservation and 18 water quality within the department of agriculture and land 19 stewardship or the directors designee. 20 d. The director of the department of health and human 21 services or the directors designee. 22 e. The director of the department of homeland security and 23 emergency management or the directors designee. 24 f. The dean of the college of agriculture and life sciences 25 at Iowa state university or the deans designee. 26 g. The dean of the college of public health at the 27 university of Iowa or the deans designee. 28 h. The dean of the college of natural sciences at the 29 university of northern Iowa or the deans designee. 30 i. The director of transportation or the directors 31 designee. 32 j. The director of the economic development authority or the 33 directors designee. 34 k. The dean of the college of engineering at the university 35 -12- LSB 6306YC (2) 90 da/ns 12/ 35
H.F. _____ of Iowa or the deans designee. 1 2. As the chairperson, and in order to further the 2 coordination efforts of the council, the secretary may 3 invite representatives from any other public agency, private 4 organization, business, citizen group, or nonprofit entity to 5 give public input at council meetings, provided the entity has 6 an interest in the coordinated management of land resources, 7 soil conservation, flood mitigation, or water quality. The 8 secretary shall also invite and solicit advice from the 9 following: 10 a. The director of the Iowa water science center of the 11 United States geological survey or the directors designee. 12 b. The state conservationist from the Iowa office of the 13 United States department of agricultures natural resources 14 conservation service or the state conservationists designee. 15 c. The state director for Iowa from the United States 16 department of agricultures farm services agency or the state 17 directors designee. 18 d. The state director for Iowa from the United States 19 department of agricultures office of rural development or the 20 state directors designee. 21 e. The director of region seven of the United States 22 environmental protection agency or the directors designee. 23 f. The corps commander from the United States army corps of 24 engineers Rock Island district or the commanders designee. 25 3. a. The council shall be convened by the secretary at 26 least quarterly. 27 b. A majority of the members fixed by statute shall 28 constitute a quorum, and any action taken by the council must 29 be adopted by a majority of the voting membership. 30 Sec. 23. NEW SECTION . 466B.3B Duties and powers. 31 1. The water resources coordinating council shall engage in 32 the regular coordination of water resource-related functions, 33 including protection strategies, planning, assessment, 34 prioritization, review, concurrence, advocacy, and education. 35 -13- LSB 6306YC (2) 90 da/ns 13/ 35
H.F. _____ 2. In coordinating water resource-related functions, 1 the water resources coordinating council may do all of the 2 following: 3 a. Consider the steps necessary to address the planning, 4 management, and implementation of water resource improvement. 5 b. Identify ways to facilitate communication and 6 participation among all water resource stakeholders, including 7 owners of land in Iowa whether they are residents or not. 8 c. Identify inefficiencies in current programs and recommend 9 ways to eliminate duplicative services. 10 d. Improve the availability and management of water resource 11 information. 12 e. Regularly assess and identify measurable improvements in 13 water quality. 14 f. Develop a protocol which identifies high-priority 15 watersheds, including local and community-based subwatersheds, 16 and which appropriately directs resources to those watersheds. 17 g. Review best available technologies on a regular basis, 18 so that investments of time and program resources can be 19 prioritized and directed to projects that will best and most 20 effectively improve water quality and reduce flood damage 21 within regional and community subwatersheds. 22 h. Review voluntary, performance-based standards for water 23 resource management, land management, and soil conservation. 24 i. Engage in dialogue with, and pursue efforts to make 25 cooperative agreements with, other states when a watershed 26 extends beyond borders of this state. 27 Sec. 24. Section 466B.9, Code 2024, is amended to read as 28 follows: 29 466B.9 Rulemaking authority. 30 The department of natural resources and the department 31 of agriculture and land stewardship and the department of 32 natural resources shall have the power and authority reasonably 33 necessary to carry out the duties imposed by this chapter , 34 including the adoption of rules pursuant to chapter 17A . As to 35 -14- LSB 6306YC (2) 90 da/ns 14/ 35
H.F. _____ the department of natural resources, this includes rulemaking 1 authority to carry out the regional watershed assessment 2 program described in section 466B.5 . As to the department of 3 agriculture and land stewardship, this includes rulemaking 4 authority to assist in the implementation of community-based 5 subwatershed improvement plans. 6 Sec. 25. REPEAL. Sections 466B.4, 466B.5, 466B.6, 466B.7, 7 466B.8, 466B.10, and 466B.11, Code 2024, are repealed. 8 PART C 9 WATERSHED PARTNERSHIPS 10 Sec. 26. Section 466B.21, Code 2024, is amended to read as 11 follows: 12 466B.21 Definitions. 13 As used in this subchapter , unless the context otherwise 14 requires: 15 1. Authority means a watershed management authority 16 created pursuant to a chapter 28E agreement as provided in this 17 subchapter . 18 2. 1. Board means a board of directors of a watershed 19 management authority the governing body of the watershed 20 partnership as provided in section 467.504 . 21 2. Partnership means a watershed partnership created 22 pursuant to section 467.502. 23 3. Political subdivision means any of the following: 24 a. A city. 25 b. A county. 26 c. A soil and water conservation district described in 27 section 161A.5. 28 d. A benefited recreational lake district or a water quality 29 district or a combined district incorporated as a public entity 30 and organized pursuant to chapter 357E. 31 e. A rural improvement zone established pursuant to chapter 32 357H. 33 Sec. 27. Section 466B.22, Code 2024, is amended to read as 34 follows: 35 -15- LSB 6306YC (2) 90 da/ns 15/ 35
H.F. _____ 466B.22 Watershed management authorities created partnerships 1 establishment . 2 1. Two or more political subdivisions may create establish , 3 by chapter 28E agreement, a watershed management authority 4 partnership pursuant to this subchapter . The participating 5 political subdivisions must be located in the same United 6 States geological survey hydrologic unit code 8 watershed. All 7 political subdivisions within a watershed must be notified 8 within thirty days prior to organization of any watershed 9 management authority partnership within the watershed, and 10 provided the opportunity to participate. 11 2. The chapter 28E agreement shall include a map showing the 12 area and boundaries of the authority watershed partnerships 13 jurisdiction . 14 3. A political subdivision may participate in more than 15 one authority watershed partnership created pursuant to this 16 subchapter . 17 4. A political subdivision is not required to participate in 18 a watershed management authority partnership or be a party to a 19 chapter 28E agreement under this subchapter . 20 5. If a portion of a United States geological survey 21 hydrologic unit code 8 watershed is located outside of this 22 state, any political subdivision in such a watershed may 23 participate in any watershed management authority partnership 24 which includes the county in which the political subdivision 25 is located. 26 6. A watershed partnership is not a partnership governed 27 under chapter 486A or 488. 28 Sec. 28. Section 466B.23, Code 2024, is amended to read as 29 follows: 30 466B.23 Duties Watershed partnership duties . 31 1. A watershed management authority partnership may perform 32 all of the following duties: 33 1. a. Assess the flood risks in the watershed Identify, 34 plan for, and assess options for reducing the risk of floods 35 -16- LSB 6306YC (2) 90 da/ns 16/ 35
H.F. _____ in the watershed . 1 2. Assess the water quality in the watershed. 2 3. Assess options for reducing flood risk and improving 3 water quality in the watershed. 4 4. b. Monitor federal flood risk planning and activities. 5 5. c. Educate residents of the watershed area regarding 6 water quality and flood risks. 7 d. Support and implement water quality projects in the 8 watershed that are consistent with the Iowa nutrient reduction 9 strategy. 10 e. Engage in efforts to maximize efficiency and increase 11 capacity for implementation of water quality practices that are 12 consistent with the Iowa nutrient reduction strategy. 13 6. f. Allocate moneys made available to the authority 14 watershed partnership for purposes of water quality and flood 15 mitigation and water quality . 16 g. Coordinate its undertakings with the department of 17 agriculture and land stewardship, the department of natural 18 resources, councils of governments, public drinking water 19 utilities, and soil and water conservation districts. 20 7. h. Make and enter into contracts and agreements 21 and execute all instruments necessary or incidental to 22 the performance of the duties of the authority watershed 23 partnership . 24 2. A watershed partnership shall not allocate moneys for 25 water quality unless the moneys are expended in a manner that 26 is consistent with the Iowa nutrient reduction strategy or the 27 Iowa storm water management manual published by the department 28 of natural resources. 29 3. A watershed management authority partnership shall not 30 acquire property by eminent domain. 31 Sec. 29. Section 466B.24, Code 2024, is amended to read as 32 follows: 33 466B.24 Board of directors Watershed partnership governing 34 body . 35 -17- LSB 6306YC (2) 90 da/ns 17/ 35
H.F. _____ 1. An authority A watershed partnership shall be governed 1 administered by a board of directors joint board as provided in 2 section 28E.6 . Members of a board of directors of an authority 3 shall be divided among the political subdivisions comprising 4 the authority watershed partnership and shall be appointed 5 by the their respective political subdivisions elected 6 legislative body bodies . 7 2. A board of directors shall consist of one representative 8 of each participating political subdivision. This subsection 9 shall not apply if a chapter 28E agreement under this 10 subchapter provides an alternative board composition method. 11 3. The directors shall serve staggered terms of four years. 12 The initial board shall determine, by lot, the initial terms 13 to be shortened and lengthened, as necessary, to achieve 14 staggered terms. A person appointed to fill a vacancy shall be 15 appointed in the same manner as the original appointment for 16 the duration of the unexpired term. A director is eligible for 17 reappointment. This subsection shall not apply if a chapter 18 28E agreement under this subchapter provides an alternative 19 for the length of term, appointment, and reappointment of 20 directors. 21 4. A board may provide procedures for the removal of a 22 director who fails to attend three consecutive regular meetings 23 of the board. If a director is so removed, a successor shall be 24 appointed for the duration of the unexpired term of the removed 25 director in the same manner as the original appointment. The 26 appointing body may at any time remove a director appointed by 27 it for misfeasance, nonfeasance, or malfeasance in office. 28 5. A board shall adopt bylaws and shall elect one director 29 as chairperson and one director as vice chairperson, each for a 30 term of two years, and shall appoint a secretary who need not 31 be a director. 32 6. A majority of the membership of a board of directors 33 shall constitute a quorum for the purpose of holding a meeting 34 of the board. The affirmative vote of a majority of a quorum 35 -18- LSB 6306YC (2) 90 da/ns 18/ 35
H.F. _____ shall be necessary for any action taken by an authority unless 1 the authoritys bylaws specify those particular actions of the 2 authority requiring a greater number of affirmative votes. A 3 vacancy in the membership of the board shall not impair the 4 rights of a quorum to exercise all the rights and perform all 5 the duties of the authority. 6 Sec. 30. REPEAL. Section 466B.25, Code 2024, is repealed. 7 Sec. 31. TRANSITIONAL PROVISIONS APPOINTMENT AND TERMS 8 OF BOARD OF DIRECTORS AND PRIOR ACTIONS BY THE BOARD. 9 1. This division of this Act, and the transfers directed 10 by this Act, shall not affect the appointment or any term of 11 office of an individual who served as a director of a watershed 12 management authority immediately prior to the effective date 13 of this Act and who now serves as a member of a joint board 14 for a watershed partnership. That individual shall continue 15 to serve on the joint board of the watershed partnership until 16 the individuals term would otherwise expire or the individual 17 is otherwise replaced. 18 2. A watershed partnership which existed as a watershed 19 management authority shall change its name as it appears on 20 all formal documents which are in force and effect as soon as 21 practicable in a cost-effective manner. 22 3. Any affirmative action adopted by a political 23 subdivision creating a watershed management authority under 24 section 466B.22, Code 2024, or the board of directors of a 25 watershed management authority operating under section 466B.24, 26 Code 2024, that is in force and effect immediately prior to the 27 effective date of this Act, shall continue in full force and 28 effect until the earlier of the following: 29 a. It is amended, rescinded, or supplemented by the 30 affirmative action of the watershed partnership. 31 b. It expires by its own terms. 32 PART D 33 WATERSHED PLANNING ADVISORY COUNCIL 34 Sec. 32. REPEAL. Section 466B.31, Code 2024, is repealed. 35 -19- LSB 6306YC (2) 90 da/ns 19/ 35
H.F. _____ PART E 1 WATER QUALITY INITIATIVE NUTRIENTS 2 Sec. 33. Section 466B.41, Code 2024, is amended to read as 3 follows: 4 466B.41 Definitions. 5 As used in this subchapter, unless the context otherwise 6 requires: 7 1. Center means the Iowa nutrient research center 8 established pursuant to section 466B.47 467.321 . 9 2. Council means the Iowa nutrient research center 10 advisory council established pursuant to section 466B.48 11 467.322 . 12 3. Division means the division of soil conservation and 13 water quality created within the department of agriculture and 14 land stewardship pursuant to section 159.5 . 15 4. Fund means the water quality initiative fund created 16 in section 466B.45 . 17 5. 4. Nutrient includes nitrogen and phosphorus. 18 Sec. 34. Section 466B.43, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. As part of the water quality initiative established 21 pursuant to section 466B.42 467.311 , the division shall 22 administer water quality agriculture infrastructure programs 23 created in this section . 24 Sec. 35. Section 466B.44, subsection 1, Code 2024, is 25 amended to read as follows: 26 1. As part of the water quality initiative established 27 pursuant to section 466B.42 467.311 , the division shall 28 administer a water quality urban infrastructure program. 29 Sec. 36. Section 466B.44, subsection 5, paragraph b, Code 30 2024, is amended to read as follows: 31 b. Support water quality agriculture infrastructure programs 32 created in section 466B.43 467.313 , to the extent that moneys 33 are not obligated or encumbered during a fiscal year to 34 adequately support all urban infrastructure program projects 35 -20- LSB 6306YC (2) 90 da/ns 20/ 35
H.F. _____ that meet the divisions requirements. 1 Sec. 37. Section 466B.46, subsection 3, Code 2024, is 2 amended to read as follows: 3 3. Moneys in the fund are appropriated to the center and 4 shall be used exclusively by the center to carry out its 5 purpose as described in section 466B.47 467.321 . 6 Sec. 38. Section 466B.48, subsection 4, Code 2024, is 7 amended to read as follows: 8 4. The council shall function on a continuing basis for the 9 study and recommendation of solutions for consideration by the 10 Iowa nutrient research center in carrying out its purpose as 11 provided in section 466B.47 467.321 . 12 DIVISION V 13 COORDINATING AMENDMENTS 14 Sec. 39. Section 8.57B, subsection 3, Code 2024, is amended 15 to read as follows: 16 3. Moneys in the fund are appropriated to the division 17 of soil conservation and water quality of the department of 18 agriculture and land stewardship for the exclusive purpose of 19 supporting water quality agriculture infrastructure programs 20 created in section 466B.43 467.313 . 21 Sec. 40. Section 16.134A, subsection 3, paragraph c, Code 22 2024, is amended to read as follows: 23 c. Fifteen percent to the division of soil conservation 24 and water quality of the department of agriculture and land 25 stewardship to support the water quality urban infrastructure 26 program created in section 466B.44 467.314 . 27 Sec. 41. Section 455B.109, subsection 5, paragraph b, Code 28 2024, is amended to read as follows: 29 b. Civil penalties assessed and collected by or on behalf of 30 the department and interest on the civil penalties as provided 31 in sections 459.602 , 459.603 , 459.604 , 459A.502 , and 459B.402 32 shall be credited to the Iowa nutrient research fund created in 33 section 466B.46 467.323 . 34 Sec. 42. Section 455E.11, subsection 2, paragraph b, 35 -21- LSB 6306YC (2) 90 da/ns 21/ 35
H.F. _____ subparagraph (2), subparagraph division (a), Code 2024, is 1 amended to read as follows: 2 (a) Thirty-five percent is appropriated annually to the 3 Iowa nutrient research fund created in section 466B.46 467.323 . 4 Of the moneys appropriated pursuant to this subparagraph 5 division, five hundred thousand dollars or one-third of the 6 moneys appropriated, whichever is higher, shall be deposited in 7 the water quality initiative fund created in section 466B.45 8 467.312 for purposes of supporting the water quality initiative 9 administered by the division of soil conservation and water 10 quality as provided in section 466B.42 467.311 . 11 Sec. 43. Section 459.602, Code 2024, is amended to read as 12 follows: 13 459.602 Air quality violations civil penalty. 14 A person who violates subchapter II 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.109 . 17 Any collected civil penalty and interest on a civil penalty 18 shall be credited to the Iowa nutrient research fund created in 19 section 466B.46 467.323 . 20 Sec. 44. Section 459.603, Code 2024, is amended to read as 21 follows: 22 459.603 Water quality violations civil penalty. 23 A person who violates subchapter III shall be subject to 24 a civil penalty which shall be established, assessed, and 25 collected in the same manner as provided in section 455B.109 or 26 455B.191 . Any collected civil penalty and interest on a civil 27 penalty shall be credited to the Iowa nutrient research fund 28 created in section 466B.46 467.323 . 29 Sec. 45. Section 459.604, subsection 2, Code 2024, is 30 amended to read as follows: 31 2. Moneys assessed and collected in civil penalties, and 32 interest earned on civil penalties, arising out of a violation 33 involving an animal feeding operation shall be credited to the 34 Iowa nutrient research fund created in section 466B.46 467.323 . 35 -22- LSB 6306YC (2) 90 da/ns 22/ 35
H.F. _____ Sec. 46. Section 459A.502, Code 2024, is amended to read as 1 follows: 2 459A.502 Violations civil penalty. 3 A person who violates this chapter shall be subject to 4 a civil penalty which shall be established, assessed, and 5 collected in the same manner as provided in section 455B.191 . 6 Any collected civil penalty and interest on a civil penalty 7 shall be credited to the Iowa nutrient research fund created 8 in section 466B.46 467.323 . A person shall not be subject to a 9 penalty under this section and a penalty under section 459.603 10 for the same violation. 11 Sec. 47. Section 459B.402, Code 2024, is amended to read as 12 follows: 13 459B.402 Violations civil penalty. 14 A person who violates section 459B.301 shall be subject to 15 the same penalty as provided in section 459.602 , and a person 16 who violates any other provision of this chapter shall be 17 subject to the same penalty as provided in section 459.603 . 18 Any collected civil penalty and interest on a civil penalty 19 shall be credited to the Iowa nutrient research fund created in 20 section 466B.46 467.323 . 21 Sec. 48. Section 461.33, subsection 2, paragraph a, Code 22 2024, is amended to read as follows: 23 a. Soil conservation and watershed protection, including by 24 supporting the division of soil conservation and water quality 25 within the department of agriculture and land stewardship 26 and soil and water conservation district commissioners. The 27 department may provide for the installation of conservation 28 practices and watershed protection improvements as provided in 29 chapters 161A , 161C , 461A , and 466 467 . 30 Sec. 49. Section 461.34, subsection 2, Code 2024, is amended 31 to read as follows: 32 2. The account shall be used cooperatively by the department 33 of natural resources and the department of agriculture and land 34 stewardship to support all of the following initiatives: 35 -23- LSB 6306YC (2) 90 da/ns 23/ 35
H.F. _____ a. Water resource projects administered by the department 1 of natural resources to preserve watersheds, including but not 2 limited to all of the following: 3 (1) Projects projects to protect, restore, or enhance 4 water quality in the state through the provision of financial 5 assistance to communities for impairment-based, locally 6 directed watershed projects. The department may use the 7 account to support the water resource restoration sponsor 8 program as provided in section 455B.199 . 9 (2) Regional and community watershed assessment, planning, 10 and prioritization efforts, including as provided in chapter 11 466B . 12 b. Surface water protection projects and practices 13 administered by the department of agriculture and land 14 stewardship or the department of natural resources , including 15 but not limited to the installation of permanent vegetation 16 cover, filter strips, grass waterways, and riparian forest 17 buffers; dredging; and bank stabilization. The departments 18 of agriculture and land stewardship and natural resources 19 department may use the account to support the conservation 20 buffer strip program provided in section 466.4 467.401 and the 21 conservation reserve enhancement program as provided in section 22 466.5 467.402 . 23 c. The prairie seed harvest program administered by the 24 department of natural resources as provided in section 467.405. 25 DIVISION VI 26 CODE ORGANIZATION 27 Sec. 50. DIRECTIONS TO CODE EDITOR TRANSFERS. The 28 Code editor is directed to place chapter 467 in Title XI, 29 subtitle 2, and organize chapter 467 in subchapters, parts, 30 and sections, including as amended or enacted by this Act, as 31 follows: 32 1. Subchapter I which shall include the following 33 transferred sections: 34 a. Section 466B.1 to section 467.101. 35 -24- LSB 6306YC (2) 90 da/ns 24/ 35
H.F. _____ b. Section 466B.2 to section 467.102. 1 c. Section 466B.9 to section 467.103. 2 2. Subchapter II, which shall include the following 3 transferred sections: 4 a. Section 466B.2A to section 467.201. 5 b. Section 466B.3 to section 467.202. 6 c. Section 466B.3A to section 467.203. 7 d. Section 466B.3B to section 467.204. 8 3. Subchapter III, which shall include the following parts: 9 a. Part 1 which shall include the following transferred 10 sections: 11 (1) Section 466B.41 to section 467.301. 12 (2) Section 466B.49 to section 467.302. 13 b. Part 2 which shall include the following transferred 14 sections: 15 (1) Section 466B.42 to section 467.311. 16 (2) Section 466B.45 to section 467.312. 17 (3) Section 466B.43 to section 467.313. 18 (4) Section 466B.44 to section 467.314. 19 c. Part 3 which shall include the following transferred 20 sections: 21 (1) Section 466B.47 to section 467.321. 22 (2) Section 466B.48 to section 467.322. 23 (3) Section 466B.46 to section 467.323. 24 4. Subchapter IV which shall include the following parts: 25 a. Part 1 which shall include the following transferred 26 sections: 27 (1) Section 466.4 to section 467.401. 28 (2) Section 466.5 to section 467.402. 29 (3) Section 466.7 to section 467.403. 30 b. Part 2 which shall include the following transferred 31 sections: 32 (1) Section 466.4A to section 467.405. 33 (2) Section 466.6 to section 467.411. 34 (3) Section 466.7A to section 467.412. 35 -25- LSB 6306YC (2) 90 da/ns 25/ 35
H.F. _____ (4) Section 466.9 to section 467.413. 1 (5) Section 466.8 to section 467.414. 2 5. Subchapter V which shall include the following 3 transferred sections: 4 a. Section 466B.21 to section 467.501. 5 b. Section 466B.22 to section 467.502. 6 c. Section 466B.23 to section 467.503. 7 d. Section 466B.24 to section 467.504. 8 Sec. 51. DIRECTIONS TO CODE EDITOR CORRECTIONS. The Code 9 editor shall correct internal references in the Code and in any 10 enacted legislation as necessary due to the enactment of this 11 division of this Act. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanations substance by the members of the general assembly. 15 GENERAL. This bill amends four Code chapters providing for 16 soil and water conservation, water quality, and flood control 17 primarily administered by the department of agriculture and 18 land stewardship (DALS), the department of natural resources 19 (DNR), and Iowa state university of science and technology 20 (ISU). The Code chapters include Iowas Soil Conservation 21 Districts Law (Code chapter 161A), the Groundwater Protection 22 Act (Code chapter 455E), the Initiative on Improving Our 23 Watershed Attributes (I on IOWA) (Code chapter 466), and 24 the Surface Water Protection and Flood Mitigation Act 25 (Code chapter 466B) which includes a number of subchapters, 26 including surface water protection and flood mitigation 27 (subchapter I), watershed management authorities (subchapter 28 II), watershed planning activities (subchapter III), and water 29 quality initiative nutrients (subchapter IV). The bill then 30 transfers Code sections in Code chapters 466 and 466B to new 31 Code chapter 467, including subchapters. 32 SOIL CONSERVATION DISTRICTS LAW BACKGROUND. Code chapter 33 161A is administered by the soil conservation and water quality 34 division (division) of DALS in cooperation with the state soil 35 -26- LSB 6306YC (2) 90 da/ns 26/ 35
H.F. _____ conservation and water quality committee and the commissioners 1 (commissioners) of Iowas 100 soil and water conservation 2 districts (districts) (Code section 161A.5). The Code chapter 3 authorizes the payment of cost-share incentive payments to 4 landowners voluntarily installing practices to control erosion 5 and conserve water resources, and preserve or improve water 6 quality. The installation of a soil and water conservation 7 practice is designed to prevent erosion by wind or water in 8 excess of the districts soil loss limit, meaning the maximum 9 amount of soil loss measured in tons per acre per year due 10 to erosion determined by the commissioners to be acceptable 11 in their district (Code section 161A.42). A soil and water 12 conservation practice may be permanent, meaning that it has an 13 existence of multiple crop years, or temporary, meaning that 14 it has an existence of a single crop year. The division is 15 responsible for providing funding to assist in the installation 16 of a soil and water conservation practice (Code section 17 161A.73) and assisting each district in developing a district 18 soil and water resource conservation plan (district plan) to 19 meet its soil loss limit (Code sections 161A.4 and 161A.7). 20 SOIL CONSERVATION DISTRICTS LAW (SOIL CONSERVATION AND 21 WATER QUALITY AND SOIL HEALTH) BILL. The bill provides 22 for efforts to improve soil health, defined as the continuing 23 capacity of soil to function as a vital ecosystem that 24 sustains plants, animals, and humans (Code section 161A.3). 25 The bill provides that a district plan must provide for the 26 improvement of soil health and that the division may support 27 the establishment of soil and water conservation practices that 28 improve soil health. 29 SOIL CONSERVATION DISTRICTS LAW (TEMPORARY SOIL AND 30 WATER CONSERVATION PRACTICES) BILL. The bill expands the 31 definition of a temporary soil and water conservation practice 32 to include the use of cover crops, no-tillage, the installation 33 of an agriculture practice, silviculture practice, aquaculture 34 practice, or permaculture practice, or the use of extended crop 35 -27- LSB 6306YC (2) 90 da/ns 27/ 35
H.F. _____ rotation or rotational grazing (Code section 161A.42). 1 SOIL CONSERVATION DISTRICTS LAW/BLUFFLAND PROTECTION 2 BACKGROUND AND BILL. A bluffland protection program (Code 3 section 161A.80A) and bluffland protection revolving fund were 4 enacted in 2015 (2015 Iowa Acts, chapter 132, sections 45 and 5 46). The purpose of the program and fund is to make loans to 6 conservation organizations purchasing bluffland properties 7 adjacent to state public lands. The principal and interest 8 from any loan made from the fund outstanding on July 1, 2025, 9 that would have been payable to the fund must instead be 10 payable to the rebuild Iowa infrastructure fund created in Code 11 section 8.57 (Code section 161A.80B). The bill eliminates the 12 program and fund. Otherwise, the program and fund are to be 13 eliminated on July 1, 2030. 14 GROUNDWATER PROTECTION ACT (ANNUAL REPORT) BACKGROUND 15 AND BILL. The declared policy of the state is to prevent 16 groundwater contamination from point and nonpoint sources and 17 to restore the states groundwater to a potable condition 18 (Code section 455E.4). The bill amends the groundwater 19 protection fund (Code section 455E.11). The fund receives 20 moneys from various fees, is divided into several accounts, 21 and moneys from the fund are distributed to various entities 22 to carry out a stated purpose. DNRs director is responsible 23 for administering the fund and preparing a budget each year 24 regarding the expenditure of moneys in the fund. The secretary 25 of agriculture is required to submit a report to the governor 26 on a biennial basis regarding past and future expenditures. 27 The bill eliminates that requirement. 28 INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) 29 BACKGROUND AND BILL. The bill eliminates the provisions 30 naming the Code chapter (Code section 466.1) and its purpose 31 to develop a comprehensive water quality program that will 32 result in water quality improvements while reducing proposed 33 regulatory impacts (Code section 466.2). The bill also 34 eliminates the clean water award administered by DALS and DNR 35 -28- LSB 6306YC (2) 90 da/ns 28/ 35
H.F. _____ (Code section 466.3). The bill revises the conservation buffer 1 strip program administered by DALS (Code section 466.4). The 2 bill eliminates a provision enacted as part of that program 3 in 2000, setting a five-year goal of enrolling an additional 4 475,000 acres. It also strikes a subsection and reenacts it 5 as a new stand-alone Code section requiring DNR to establish 6 a prairie seed harvest program (Code section 466.4A). The 7 bill revises the conservation reserve enhancement program 8 established to restore or construct wetlands, administered by 9 DALS (Code section 466.5). It eliminates a subsection enacted 10 in 2000, setting a five-year goal of establishing 32,500 acres 11 of wetlands. The bill does not amend a provision requiring 12 DNR to operate water quality monitoring stations (Code 13 section 466.6). The bill amends the Code section enacting 14 the water quality protection program (Code section 466.7). 15 That Code section includes nine subsections, each specifying 16 responsibilities to be carried by DALS or DNR, with the first 17 three of the nine subsections administered by DALS and the last 18 six of the nine subsections administered by DNR. Subsection 19 1 provides for multiobjective resource protections for flood 20 control, water quality, erosion control, and natural resource 21 conservation, which is not revised. Subsection 2 provides 22 for a statewide, voluntary farm management demonstration 23 program which is eliminated. Subsection 3 provides financial 24 assistance for the establishment of permanent soil and water 25 conservation practices, which is also eliminated. The next 26 three of the nine subsections, administered by DNR, relate to 27 the collection or analysis of data for use in determining water 28 quality on a watershed level. Subsection 4 provides for the 29 collection and use of geographic information system data, which 30 is not amended; subsection 5 requires DNR to support local 31 volunteer management efforts; and subsection 6 requires DNR to 32 support the analysis of water quality monitoring data. The 33 provisions in each of these three subsections are eliminated 34 and reenacted as subsections in a new Code section (Code 35 -29- LSB 6306YC (2) 90 da/ns 29/ 35
H.F. _____ section 466.7A). The last three of the nine subsections, 1 administered by DNR, relate to the same powers exercised under 2 Code chapter 455B, subchapter III, regulating water quality. 3 Subsection 7 authorizes DNR to enter into contracts to assist 4 its staff in reviewing national pollutant discharge elimination 5 permit system (NPDES) permits; subsection 8 requires DNR to 6 expand floodplain education; and subsection 9 requires DNR to 7 develop a total maximum daily load (TMDL) program. All three 8 of these final subsections are eliminated. The bill does not 9 revise the on-site wastewater systems assistance program (Code 10 section 466.8) or the on-site wastewater systems assistance 11 fund (Code section 466.9), both administered by DNR. 12 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT 13 BACKGROUND. Code chapter 466B requires DALS, DNR, and ISU 14 to administer programs providing measures to preserve and 15 improve surface water and prevent or mitigate floods. The 16 Code chapter is divided into the following subchapters: 17 subchapter I providing for surface water protection and flood 18 mitigation, first enacted in 2008 (2008 Iowa Acts, chapter 19 1034); subchapter II providing for watershed management 20 authorities, first enacted in 2010 (2010 Iowa Acts, chapter 21 1116); subchapter III providing for watershed planning 22 activities, also first enacted in that same Act; and subchapter 23 IV providing for a water quality initiative and water quality 24 initiative fund, first enacted in 2013 (2013 Iowa Acts, chapter 25 132), and the Iowa nutrient research center enacted in the same 26 Act. 27 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (GENERAL) 28 BILL. The bill does not amend the Code chapters short 29 title (Code section 466B.1). It amends the definitions Code 30 section by eliminating two terms, council and political 31 subdivision, that do not apply to the entire Code chapter 32 (Code section 466B.2) and reenacts those terms in their 33 relevant subchapters. The definition of the term council is 34 enacted as a new Code section in the subchapter providing for 35 -30- LSB 6306YC (2) 90 da/ns 30/ 35
H.F. _____ surface water protection and the flood mitigation (Code section 1 466B.2A) and the definition of the term political subdivision 2 is enacted in the subchapter providing for watershed management 3 authorities (Code section 466B.21). 4 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER 5 RESOURCES COORDINATING COUNCIL) BILL. The bill revises 6 the purposes of the water resources coordinating council by 7 eliminating a provision that refers to using an integrated 8 approach of water resource management (Code section 466B.3). 9 The bill strikes three subsections and reenacts them as 10 new Code sections, including subsections 4 and 5 providing 11 for the councils membership, meetings, and quorums (Code 12 section 466B.3A) and subsection 6 providing for the councils 13 powers and duties (Code section 466B.3B). The bill amends a 14 provision authorizing DALS and DNR to adopt rules necessary 15 to administer the Code chapter, including by eliminating 16 provisions that refer to repealed Code sections (Code section 17 466B.9). Those repealed Code sections include legislative 18 findings and a marketing campaign (Code section 466B.4), the 19 creation of a regional watershed assessment, planning, and 20 prioritization, administered by DNR (Code section 466B.5), the 21 creation of community-based subwatershed improvement plans 22 administered by DNR (Code section 466B.6), community-based 23 subwatershed monitoring administered by DNR (Code section 24 466B.7), a wastewater and storm water infrastructure assessment 25 administered by DNR (Code section 466B.8), efforts to form a 26 chapter of the association of floodplain managers administered 27 by the council (Code section 466B.10), and education provided 28 to the general public regarding floodplains (Code section 29 466B.11). 30 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED 31 MANAGEMENT AUTHORITIES) BACKGROUND. Two or more political 32 subdivisions may enter into a Code chapter 28E agreement to 33 participate in joint projects to improve watershed quality 34 by forming an entity referred to as a watershed management 35 -31- LSB 6306YC (2) 90 da/ns 31/ 35
H.F. _____ authority (authority). The relevant provisions include 1 definitions (Code section 466B.21), procedures to create an 2 authority (Code section 466B.22), the duties of an authority 3 (Code section 466B.23), the authoritys board of directors 4 (Code section 466B.24), and the authoritys ability to 5 coordinate its activities with DNR. 6 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED 7 MANAGEMENT AUTHORITIES) BILL. The bill changes the 8 name of a watershed management authority to a watershed 9 management partnership (partnership). The bill provides that 10 a partnership may identify, plan for, and assess options 11 to reduce the risk of flood in the watershed (Code section 12 466B.23). It also eliminates provisions in that Code section 13 authorizing a partnership to assess water quality, and engage 14 in education efforts regarding water quality. The bill 15 authorizes a partnership to coordinate its efforts with DALS, 16 DNR, councils of governments, a public drinking water utility, 17 and a soil and water conservation district. The bill prohibits 18 a partnership from allocating moneys for water quality, unless 19 the moneys are expended consistent with the Iowa nutrient 20 reduction strategy (see Code section 455B.171) or DNRs Iowa 21 storm water management manual. The name of the governing 22 body is changed from a board of directors to a joint board 23 in conformance with chapter 28E agreement requirements (Code 24 section 28E.6). The bill eliminates requirements establishing 25 a number of board members and their terms, cause for their 26 removals, the designation of officers, and quorum requirements. 27 The bill includes a temporary provision carrying over the terms 28 of the board of directors and continuing actions taken by the 29 board of directors. The bill eliminates the provision which 30 expressly allows a partnership to coordinate its activities 31 with DNR (Code section 466B.25). 32 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED 33 PLANNING ADVISORY COUNCIL) BACKGROUND AND BILL. The 34 watershed planning advisory council represents diverse 35 -32- LSB 6306YC (2) 90 da/ns 32/ 35
H.F. _____ stakeholders for purposes of reviewing research and making 1 recommendations to various state entities regarding methods 2 to protect water resources in the state, assure an adequate 3 supply of water, mitigate and prevent floods, and coordinate 4 the management of those resources in a sustainable, fiscally 5 responsible, and environmentally responsible manner (Code 6 section 466B.31). The bill eliminates the council. 7 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER 8 QUALITY INITIATIVE) BACKGROUND AND BILL. The water quality 9 initiative is established in order to assess and reduce 10 nutrients in this states watersheds, including subwatersheds 11 and regional watersheds, and to implement programs to reduce 12 nutrients in surface waters from nonpoint sources in a 13 scientific, reasonable, and cost-effective manner (Code section 14 466B.42). The initiative is administered by DALS acting 15 through the division. Information received by these entities 16 that identifies participating landowners is confidential 17 (Code section 466B.49). The division administers two water 18 quality agriculture infrastructure programs, including 19 an edge-of-field infrastructure program and an in-field 20 infrastructure program (Code section 466B.43). The purpose of 21 the programs is to support projects that reduce contributing 22 nutrient loads, associated sediment, or contaminants to surface 23 waters consistent with the Iowa nutrient reduction strategy. 24 The division also administers an urban infrastructure 25 program to support watershed projects that decrease erosion, 26 precipitation-induced surface runoff, and storm water 27 discharges and that increase water infiltration rates based 28 on DNRs Iowas storm water management manual (Code section 29 466B.44). Moneys deposited into the water quality initiative 30 fund (Code section 466B.45) are used to support the initiative. 31 The bill eliminates the term fund from the Code section 32 defining terms in the subchapter since the subchapter includes 33 two funds (Code section 466B.41). The bill does not revise 34 the remaining Code sections other than to provide coordinating 35 -33- LSB 6306YC (2) 90 da/ns 33/ 35
H.F. _____ amendments due to their transfer to Code chapter 467. 1 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (NUTRIENT 2 RESEARCH) BACKGROUND AND BILL. The Iowa nutrient research 3 center is established as part of ISU to pursue a science-based 4 approach to nutrient management research that provides 5 recommendations for the development and implementation of 6 nutrient management practices (Code section 466.47). An Iowa 7 nutrient research center advisory council recommends possible 8 research issues for the center (Code section 466B.48). Moneys 9 deposited into the Iowa nutrient research fund are used to 10 support the initiative (Code section 466B.46). The bill does 11 not revise the remaining Code sections other than to provide 12 coordinating amendments due to their transfer to Code chapter 13 467. 14 TRANSFERS. The bill provides that the amended or enacted 15 Code sections in Code chapters 466 and 466B are to be 16 transferred to new Code chapter 467 which is to be divided into 17 five subchapters. The bill also makes a number of conforming 18 changes by amending provisions which refer to repealed Code 19 sections discussed above. Many of the conforming changes 20 amend Code sections that provide sources of moneys used to 21 support water quality initiative programs and the Iowa nutrient 22 research center without making substantive changes. Sources 23 of moneys used to support initiative programs include the 24 groundwater protection fund (Code section 455E.11) and the 25 water quality infrastructure fund (Code section 8.57B) that 26 includes moneys from the rebuild Iowa infrastructure fund 27 (Code section 8.57) and the water quality financial assistance 28 fund (Code section 16.134A) financed from moneys generated 29 from water service tax revenues (Code section 423G.6); and any 30 future moneys from the soil conservation and water protection 31 account (Code section 461.33) of the natural resources and 32 outdoor recreation trust fund (Code section 461.31). Amended 33 Code sections that provide sources of moneys used to support 34 the center include the groundwater protection fund and the 35 -34- LSB 6306YC (2) 90 da/ns 34/ 35
H.F. _____ moneys collected from persons assessed civil penalties for 1 violating animal feeding operation statutes and rules (Code 2 sections 459.602, 459.603, 459.604, 459A.502, and 459B.402). 3 -35- LSB 6306YC (2) 90 da/ns 35/ 35