Bill Text: IA HF2440 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 2440 (Prior Session Legislation)

Bill Title: A bill for an act relating to certain water quality programs and other provisions properly related to water quality, making appropriations, and including effective date provisions. (Formerly HSB 645.) Effective 7-1-18, with exception of Sections 18 & 19, effective 5-16-18.

Sponsorship: Committee Bill

Status: (Passed) 2018-05-16 - Signed by Governor. H.J. 997. [HF2440 Detail]

Download: Iowa-2017-HF2440-Enrolled.html

House File 2440 - Enrolled

HOUSE FILE
BY COMMITTEE ON
AGRICULTURE

(SUCCESSOR TO HSB 645)
\5
A BILL FOR
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House File 2440

AN ACT
RELATING TO CERTAIN WATER QUALITY PROGRAMS AND OTHER
PROVISIONS PROPERLY RELATED TO WATER QUALITY, MAKING
APPROPRIATIONS, AND INCLUDING EFFECTIVE DATE PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 16.1, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 18A. "Iowa nutrient reduction strategy"
means the same as defined in section 455B.171, as amended by
2018 Iowa Acts, Senate File 512, section 18.
Sec. 2. Section 16.134, subsection 4, paragraph f, as
enacted by 2018 Iowa Acts, Senate File 512, section 4, is
amended to read as follows:
f. Priority shall also be given to communities that employ
technology to address the latest version goals of the "Iowa
Nutrient Reduction Strategy" initially presented in November
2012 by the department of agriculture and land stewardship, the
department of natural resources, and Iowa state university of
science and technology Iowa nutrient reduction strategy.
Sec. 3. Section 16.134, subsection 4, Code 2017, as amended
by 2018 Iowa Acts, Senate File 512, section 4, is amended by
adding the following new paragraph:
NEW PARAGRAPH. 0g. Priority shall also be given to
communities whose drinking water facilities and systems use as
a supply, or to projects whose completion will improve, surface
waters on the state's impaired waters list as described in
section 455B.194 and 455B.195.
Sec. 4. Section 16.142, subsection 2, as enacted by 2018
Iowa Acts, Senate File 512, section 6, is amended to read as
follows:
2. "Eligible entity" means a municipality or a landowner,
as determined by the authority, a public utility as defined in
section 476.1, a specified industry, or a rural water district
or rural water association as defined in section 357A.1.
Sec. 5. Section 16.142, as enacted by 2018 Iowa Acts, Senate
File 512, section 6, is amended by adding the following new
subsection:
NEW SUBSECTION. 7. "Specified industry" means any of the
following:
a. An entity engaged in an industry identified in the Iowa
nutrient reduction strategy, as determined by the authority,
which industry is or will be required pursuant to the Iowa
nutrient reduction strategy to collect data on the source,
concentration, and mass of total nitrogen or total phosphorus
in its effluent, and to evaluate alternatives for reducing the
amount of nutrients in its discharge.
b. An entity implementing technology or operational
improvements to reduce nutrients in its discharge.
Sec. 6. Section 16.144, subsection 4, as enacted by 2018
Iowa Acts, Senate File 512, section 8, is amended to read as
follows:
4. By October 1, 2018 2019, and by October 1 of each year
thereafter, the authority shall submit a report to the governor
and the general assembly itemizing expenditures from the fund,
if any, during the previous fiscal year.
Sec. 7. Section 16.145, subsection 1, paragraph a, as
enacted by 2018 Iowa Acts, Senate File 512, section 9, is
amended to read as follows:
a. The plan includes one or more projects that improve
water quality in the local area or watershed. Projects
shall use practices identified in the latest version of the
document entitled "Iowa Nutrient Reduction Strategy" initially
presented in November 2012 by the department of agriculture
and land stewardship, the department of natural resources,
and Iowa state university of science and technology Iowa
nutrient reduction strategy. A drainage or levee district
established under chapter 468 shall utilize the installation of
edge=of=field infrastructure as described in section 466B.43.
Sec. 8. Section 16.145, subsection 2, as enacted by 2018
Iowa Acts, Senate File 512, section 9, is amended to read as
follows:
2. The authority shall review and approve or deny
applications for financial assistance. The provision of
financial assistance under the program shall take into account,
as applicable, the number of municipalities, landowners,
public utilities, specified industries, rural water districts,
or rural water associations comprising an eligible entity
and the eligible entity's financing capacity. The authority
shall score applications for financial assistance according to
rules adopted pursuant to this part. The authority shall only
provide financial assistance to eligible entities that have
sufficient financing capacity and that submit an appropriate
plan designed to improve water quality.
Sec. 9. Section 466B.2, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 2A. "Iowa nutrient reduction strategy"
means the same as defined in section 455B.171, as amended by
2018 Iowa Acts, Senate File 512, section 18.
Sec. 10. Section 466B.2, subsection 3, Code 2018, is amended
by adding the following new paragraph:
NEW PARAGRAPH. e. A rural improvement zone established
pursuant to chapter 357H.
Sec. 11. Section 466B.3, subsection 3, paragraph c, Code
2017, as amended by 2018 Iowa Acts, Senate File 512, section
21, is amended to read as follows:
c. Whether the funds, programs, and regulatory efforts
coordinated by the council eventually result in a long=term
improvement to the quality of surface water in Iowa. To
evaluate the progress achieved over time toward the goals of
the Iowa nutrient reduction strategy, as defined in section
455B.171, and the United States environmental protection agency
gulf hypoxia action plan, the baseline condition shall be
calculated for the time period from 1980 to 1996.
Sec. 12. Section 466B.42, Code 2017, as amended by 2018
Iowa Acts, Senate File 512, section 22, is amended to read as
follows:
466B.42 Water quality initiative.
The division shall establish a water quality initiative
in order to assess and reduce nutrients in this state's
watersheds, including subwatersheds and regional watersheds,
and for implementing its responsibilities under the Iowa
nutrient reduction strategy as defined in section 455B.171.
The division shall establish and administer projects to
reduce nutrients in surface waters from nonpoint sources in
a scientific, reasonable, and cost=effective manner. The
division shall utilize a pragmatic, strategic, and coordinated
approach with the goal of accomplishing reductions over time.
To evaluate the progress achieved over time toward the goals
of the Iowa nutrient reduction strategy and the United States
environmental protection agency gulf hypoxia action plan, the
baseline condition shall be calculated for the time period from
1980 to 1996.
Sec. 13. Section 466B.43, subsection 2, as enacted by 2018
Iowa Acts, Senate File 512, section 23, is amended to read as
follows:
2. The purpose of the programs is to support projects for
the installation of infrastructure, including conservation
structures, practices, or other measures that reduce
contributing nutrient loads, associated sediment, or
contaminants from sources to surface waters including but not
limited to surface waters on the impaired waters list of the
state that are used as a drinking water supply. The programs
shall be administered in a manner that is consistent with
the latest version of the "Iowa Nutrient Reduction Strategy"
initially presented in November 2012 by the department of
agriculture and land stewardship, the department of natural
resources, and Iowa state university of science and technology
Iowa nutrient reduction strategy.
Sec. 14. Section 466B.43, subsection 6, as enacted by 2018
Iowa Acts, Senate File 512, section 23, is amended to read as
follows:
6. By October 1, 2018 2019, and each October 1, thereafter,
the division shall submit a report to the governor and the
general assembly itemizing expenditures, by hydrologic unit
code 8 watershed, under the programs during the previous fiscal
year, if any.
Sec. 15. Section 466B.44, subsections 2 and 7, as enacted
by 2018 Iowa Acts, Senate File 512, section 24, are amended to
read as follows:
2. The purpose of the program is to support watershed
projects and advance implementation of the latest version of
the "Iowa Nutrient Reduction Strategy" initially presented
in November 2012 by the department of agriculture and
land stewardship, the department of natural resources,
and Iowa state university of science and technology Iowa
nutrient reduction strategy, which program support may
include demonstration projects that decrease erosion,
precipitation=induced surface runoff, and storm water
discharges and that increase water infiltration rates. The
program's projects shall be based on Iowa's storm water
management manual published by the department of natural
resources.
7. By October 1, 2018 2019, and by October 1 of each year
thereafter, the division shall submit a report to the governor
and the general assembly itemizing expenditures under the
program, if any, during the previous fiscal year.
Sec. 16. 2018 Iowa Acts, Senate File 512, section 25,
subsections 1 and 3, are amended to read as follows:
1. The legislative council is requested to establish a
study committee for the 2017 2018 interim to identify and
comprehensively review the financial and other challenges faced
by small cities in complying with the various state and federal
clean water standards, and to consider options for addressing
those challenges.
3. The interim committee shall submit its findings and
recommendations to the general assembly for consideration
during the 2018 2019 legislative session.
Sec. 17. 2015 Iowa Acts, chapter 132, section 18, subsection
1, is amended by adding the following new paragraph:
NEW PARAGRAPH. 0b. The soil conservation and water quality
division of the department of agriculture and land stewardship,
in cooperation with Iowa state university of science and
technology, shall use moneys appropriated in paragraph "a"
to administer education and outreach programs that provide
information regarding in=field agricultural practices, and
their value, in order to further enhance the rate that such
practices are adopted.
Sec. 18. 2015 Iowa Acts, chapter 132, section 18, subsection
1, paragraph b, is amended to read as follows:
b. Notwithstanding section 8.33, moneys appropriated in
paragraph "a" that remain unencumbered or unobligated at the
close of the fiscal year shall not revert but shall remain
available for expenditure for the purposes designated until the
close of the fiscal year beginning July 1, 2017 2019.
Sec. 19. EFFECTIVE UPON ENACTMENT. The sections of this Act
amending 2015 Iowa Acts, chapter 132, section 18, take effect
upon enactment.

LINDA UPMEYER

CHARLES SCHNEIDE

CARMINE BOAL

KIM REYNOLDS

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