Bill Text: IA HF2133 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to requiring water quality plans for persons receiving financial assistance for establishing soil and water conservation plans.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2018-01-30 - Introduced, referred to Agriculture. H.J. 165. [HF2133 Detail]
Download: Iowa-2017-HF2133-Introduced.html
House File 2133 - Introduced HOUSE FILE BY STAED A BILL FOR 1 An Act relating to requiring water quality plans for persons 2 receiving financial assistance for establishing soil and 3 water conservation plans. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5551YH (3) 87 da/rj PAG LIN 1 1 Section 1. Section 161A.42, subsection 3, Code 2018, is 1 2 amended to read as follows: 1 3 3. "Cost=share" or "cost=sharing" means a contribution of 1 4 money made by the state in order to pay a percentage of the 1 5 costs related to the establishment of voluntary or mandatory 1 6 practices as provided under this chapter, including but not 1 7 limited to soil and water conservation practices,anderosion 1 8 control practices, or water quality practices. 1 9 Sec. 2. Section 161A.42, Code 2018, is amended by adding the 1 10 following new subsections: 1 11 NEW SUBSECTION. 6A. "Farming practice" includes but is 1 12 not limited to a decision regarding crop production, including 1 13 crop types and varieties to plant, cultivation and harvesting 1 14 methods, and the application of materials including manure and 1 15 commercial fertilizers, tillage, and crop rotation systems. 1 16 NEW SUBSECTION. 7A. "Major water source" means the same as 1 17 defined in section 459.102. 1 18 NEW SUBSECTION. 12. "Water quality plan" means an 1 19 instrument that requires a party to comply with water quality 1 20 practices or farming practices as a condition to receiving 1 21 financial assistance as provided in section 161A.77. 1 22 NEW SUBSECTION. 13. a. "Water quality practice" means 1 23 a land use change or the establishment and maintenance of a 1 24 measure that limits sediment or nutrients from being conveyed 1 25 by surface water runoff or leaching. 1 26 b. "Water quality practice" includes the establishment of 1 27 any of the following: 1 28 (1) A terrace. 1 29 (2) A cover crop that is used as part of crop rotation 1 30 cycle. 1 31 (3) A bioreactor installed as part of or connected to a 1 32 field drainage system. 1 33 (4) A wetland established as part of or connected to a crop 1 34 field. 1 35 (5) A saturated buffer. 2 1 (6) Cropland integrated with a prairie grass strip. 2 2 (7) A riparian buffer strip. 2 3 (8) A grassed waterway. 2 4 (9) An area maintained in permanent vegetation cover, 2 5 including perennial vegetation cover consisting of grasses or 2 6 legumes, including but not limited to grasslands or forages. 2 7 (10) A wetland area if the area is mostly underwater or 2 8 waterlogged during the growing season and is characterized by 2 9 vegetation of hydric soils. 2 10 (11) Any other measure recognized by the division that 2 11 manages nutrients and reduces contributing contaminant loads to 2 12 receiving surface waters, including by detaining sediment=laden 2 13 water, reducing the volume or velocity of precipitation=induced 2 14 surface water, filtering sediment=laden water, or reducing 2 15 nutrient loss through tile drainage systems. 2 16 NEW SUBSECTION. 14. "Water source" means the same as 2 17 defined in section 459.102. 2 18 Sec. 3. NEW SECTION. 161A.77 Financing conditional upon 2 19 maintaining a water quality plan. 2 20 1. In order to receive financing under this chapter, the 2 21 owner of agricultural land, or an operator managing the farming 2 22 activities occurring on the agricultural land shall execute a 2 23 water quality plan. The commissioners shall assist the owner 2 24 or operator in developing the plan. The person executing the 2 25 plan shall file the plan with the commissioners subject to 2 26 their approval. A copy of the plan shall be delivered to the 2 27 division. An updated plan must be filed and approved each 2 28 three years in the same manner as the original plan. 2 29 2. a. A person is not required to file a water quality plan 2 30 until December 31, 2020. 2 31 b. This subsection is repealed on January 1, 2021. 2 32 3. The water quality plan shall apply to the same farm unit 2 33 as an applicable farm unit conservation plan or conservation 2 34 agreement. The plan may be made part of the farm unit 2 35 conservation plan or soil conservation agreement. However, 3 1 a plan may cover one or more farm units as specified in the 3 2 plan so long as all farm units are located as part of the 3 3 same district. The plan shall identify those water quality 3 4 practices or farming practices that manage nutrients and 3 5 reduces contributing contaminant loads to receiving surface 3 6 waters as required under this section. 3 7 4. The water quality plan shall be completed on forms 3 8 prepared by the division in consultation with the Iowa nutrient 3 9 research center established pursuant to section 466B.47. 3 10 The plan shall be based on an analysis of the nutrient loss 3 11 potential of a farm's farming practices and water quality 3 12 practices by the water quality model established by the Iowa 3 13 nutrient research center pursuant to section 466B.50. The plan 3 14 must provide that the farm unit's nutrient load contribution to 3 15 surface water sources shall not exceed its assigned tolerance 3 16 values for nitrogen or phosphorus. The plan shall account for 3 17 all of the following: 3 18 a. The location of each field and its size in acres. 3 19 b. The proximity of the field to a water source, including 3 20 any major water source. 3 21 c. The amount and timing of nutrients or commercial 3 22 fertilizers applied to each field. 3 23 d. Whether the application occurs on snow=covered ground or 3 24 frozen ground. 3 25 e. If the farm unit includes an animal feeding operation, 3 26 whether the animal feeding operation is a confinement feeding 3 27 operation as defined in section 459.102 or an open feedlot 3 28 operation as defined in section 459A.102. For each animal 3 29 feeding operation, the plan shall state the type of animals 3 30 confined, and the animal unit capacity of the operation. 3 31 f. The maintenance of any water quality practice, soil and 3 32 water conservation practice, or erosion control practice. 3 33 g. The types of farming practices utilized. 3 34 h. Whether the agricultural land has been subject to soil 3 35 erosion in excess of the applicable soil loss limits. 4 1 i. The predicted loads of nitrogen and phosphorus 4 2 respectively contributed to a surface water source, including 4 3 a major water source, and the extent that such loads are less 4 4 than the tolerance values assigned to that farm unit. 4 5 j. The results of a test conducted according to a schedule 4 6 adopted in the plan that indicates the average loads of 4 7 nitrogen and phosphorus respectively being contributed to a 4 8 surface water source, including a major water source. The test 4 9 shall be conducted by the division, the commissioners, or a 4 10 person approved by the division or the commissioners. 4 11 5. The commissioners shall ensure that a person receiving 4 12 financial assistance under this chapter is complying with the 4 13 terms and conditions of the water quality plan. 4 14 6. The commissioners shall inspect or cause to be inspected 4 15 agricultural land covered by a water quality plan, if 4 16 reasonable grounds exist to believe that a failure to comply 4 17 with the plan is occurring. If the commissioners determine 4 18 a failure is occurring, a notice of that finding shall be 4 19 delivered to the person who filed the plan, to the landowner or 4 20 landowners of record, and to each occupant of the agricultural 4 21 land if known to the commissioners. The notice shall describe 4 22 the agricultural land affected and shall describe the failure. 4 23 The notice shall also describe the corrective action required 4 24 and the time limit for commencing and accomplishing such 4 25 action. 4 26 7. If corrective action has not been commenced or 4 27 accomplished as described in the notice, the commissioners 4 28 shall issue an administrative order to the person who filed the 4 29 water quality plan. The administrative order shall address the 4 30 same subjects provided in the notice. However, the corrective 4 31 action must be commenced not more than six months after the 4 32 date the order is issued and must be completed not more than 4 33 one year after that date. 4 34 8. The commissioners shall petition the district court 4 35 to issue an order requiring immediate compliance with an 5 1 administrative order if the commissioners have determined any 5 2 of the following: 5 3 a. The corrective action has not been commenced or completed 5 4 by the date specified in the administrative order. 5 5 b. The corrective action has been commenced but is not 5 6 being performed with due diligence or in a manner that will 5 7 reasonably result in compliance with the water quality plan. 5 8 Sec. 4. Section 466B.41, Code 2018, is amended to read as 5 9 follows: 5 10 466B.41 Definitions. 5 11 As used in this subchapter, unless the context otherwise 5 12 requires: 5 13 1. "Center" means the Iowa nutrient research center 5 14 established pursuant to section 466B.47. 5 15 2. "Committee" means the state soil conservation and water 5 16 quality committee established in section 161A.4. 5 172.3. "Council" means the Iowa nutrient research center 5 18 advisory council established pursuant to section 466B.48. 5 193.4. "Division" means the division of soil conservation 5 20 and water quality created within the department of agriculture 5 21 and land stewardship pursuant to section 159.5. 5 22 5. "Farming practice" means the same as defined in section 5 23 161A.42. 5 244.6. "Fund" means the water quality initiative fund 5 25 created in section 466B.45. 5 26 7. "Iowa nutrient reduction strategy" means the latest 5 27 edition of the publication of the same name initially presented 5 28 in November 2012 by the department of agriculture and land 5 29 stewardship, the department of natural resources, and Iowa 5 30 state university of science and technology. 5 31 8. "Model" means the crop field water quality model as 5 32 provided in section 466B.50. 5 335.9. "Nutrient" includes nitrogen and phosphorus. 5 34 10. "Water quality plan" or "plan" means the same as defined 5 35 in section 161A.42. 6 1 11. "Water quality practice" means the same as defined in 6 2 section 161A.42. 6 3 Sec. 5. NEW SECTION. 466B.43 Policy. 6 4 It is the policy of this state that Iowa must reduce 6 5 its contribution of nutrient loading to the Gulf of Mexico 6 6 contributed from nonpoint sources occurring on agricultural 6 7 land by the following percentages: 6 8 1. For nitrogen, forty=one percent. 6 9 2. For phosphorus, twenty=nine percent. 6 10 Sec. 6. NEW SECTION. 466B.50 Iowa nutrient research center 6 11 == crop field water quality model. 6 12 1. Not later than July 1, 2019, the center shall establish 6 13 a crop field water quality model based on the policy objective 6 14 described in section 466.43. The center shall establish the 6 15 model in cooperation with other entities, including all of the 6 16 following: 6 17 a. Iowa state university of science and technology. 6 18 b. The department. 6 19 c. The division. 6 20 d. The state soil conservation and water quality committee. 6 21 2. The model shall be based on findings and recommendations 6 22 contained in the Iowa nutrient reduction strategy, and on other 6 23 pertinent research data. 6 24 3. The model shall be used to predict contaminant loads to 6 25 receiving surface waters caused by farming practices and the 6 26 application of nutrients on agricultural land. 6 27 4. The model shall take into account all of the following: 6 28 a. Water quality practices and farming practices. The 6 29 model shall allow sufficient flexibility to allow a person 6 30 required to file a water quality plan to select those farming 6 31 practices and water quality practices that are compatible with 6 32 the person's business operations consistent with the policy 6 33 described in section 466B.43. 6 34 b. Special characteristics associated with various types 6 35 of agricultural land, including field slopes, soil types, the 7 1 presence of highly erodible land, the presence of tile drainage 7 2 systems, and proximity of water sources, including major water 7 3 sources as defined in section 459.102. The model shall also 7 4 take into account the effects of the special characteristics on 7 5 the predicted loadings of nitrogen and phosphorus using farming 7 6 practices described in the plan. 7 7 c. Tolerance values for nitrogen and phosphorus loads from 7 8 farm fields based on the goals of the center normalized to a 7 9 crop field level basis. 7 10 EXPLANATION 7 11 The inclusion of this explanation does not constitute agreement with 7 12 the explanation's substance by the members of the general assembly. 7 13 This bill requires a water quality plan to be executed by 7 14 a person as a condition to receiving financial assistance for 7 15 establishing a soil and water conservation practice. The plan 7 16 would cover water quality practices such as land use changes 7 17 or the establishment and maintenance of a measure that limits 7 18 sediment or nutrients from being conveyed by surface water 7 19 runoff or leaching. It would also cover farming practices 7 20 regarding crop production, including those associated with 7 21 tillage. A water quality plan must be executed by the owner 7 22 of agricultural land or an operator managing the farming 7 23 activities occurring on the agricultural land. The plan is 7 24 to develop in cooperation with the commissioners of the soil 7 25 and water conservation district where the agricultural land is 7 26 located. However, a plan is not required to be filed until 7 27 December 31, 2020. The plan must be based on a crop field water 7 28 quality model required to be developed by the Iowa nutrient 7 29 research center with the objective that the contribution of 7 30 nonpoint sources of nutrients occurring on agricultural land 7 31 must be reduced by 41 percent for nitrogen and 29 percent for 7 32 phosphorus. The commissioners must conduct inspections to 7 33 ensure compliance with the plan and take administrative or 7 34 judicial action to enforce its provisions. LSB 5551YH (3) 87 da/rj
