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


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.

Spectrum: 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
 \1
                                        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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