Bill Text: IA HF2614 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the conservation and improvement of soil and water resources, including by providing for the administration of associated programs and regulations, making appropriations, and including effective date provisions.(Formerly HSB 674; See HF 2642.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-06 - Committee report approving bill, renumbered as HF 2642. [HF2614 Detail]
Download: Iowa-2023-HF2614-Introduced.html
House
File
2614
-
Introduced
HOUSE
FILE
2614
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
674)
A
BILL
FOR
An
Act
relating
to
the
conservation
and
improvement
of
1
soil
and
water
resources,
including
by
providing
for
the
2
administration
of
associated
programs
and
regulations,
3
making
appropriations,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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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,
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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
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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
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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
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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
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performing
a
soil
health
assessment.
1
2.
A
soil
and
water
conservation
districts
district
may
2
accept,
as
provided
by
state
law,
money
disbursed
for
soil
3
erosion
control
and
soil
health
assessment
purposes
by
the
4
federal
government
or
an
agency
of
the
federal
government,
and
5
expend
the
money
for
the
purposes
for
which
it
was
received.
6
Sec.
7.
Section
161A.71,
subsection
1,
Code
2024,
is
amended
7
to
read
as
follows:
8
1.
a.
The
division
may
establish
a
conservation
practices
9
revolving
loan
fund
composed
of
any
money
appropriated
by
the
10
general
assembly
for
that
purpose,
and
of
any
other
moneys
11
available
to
and
obtained
or
accepted
by
the
committee
from
the
12
federal
government
or
private
sources
for
placement
in
that
13
fund.
Except
as
otherwise
provided
by
subsection
3
,
the
assets
14
of
the
conservation
practices
revolving
loan
fund
shall
be
used
15
only
to
make
loans
directly
to
owners
of
land
in
this
state
16
for
the
purpose
of
establishing
on
that
land
any
new
permanent
17
soil
and
water
conservation
practice
which
the
commissioners
of
18
the
soil
and
water
conservation
district
in
which
the
land
is
19
located
have
found
is
necessary
or
advisable
to
meet
the
soil
20
loss
limits
established
for
that
land.
21
(1)
A
loan
made
under
this
section
shall
not
be
made
22
for
establishing
a
permanent
soil
and
water
conservation
23
practice
on
land
that
is
subject
to
the
restriction
on
state
24
cost-sharing
funds
of
section
161A.76
.
Revolving
loan
funds
25
and
public
cost-sharing
funds
may
be
used
in
combination
for
26
funding
a
particular
soil
and
water
conservation
practice.
27
(2)
Each
loan
made
under
this
section
shall
be
for
a
period
28
not
to
exceed
ten
years,
shall
bear
no
interest,
and
shall
be
29
repayable
to
the
conservation
practices
revolving
loan
fund
in
30
equal
yearly
installments
due
March
1
of
each
year
the
loan
is
31
in
effect.
The
interest
rate
upon
loans
for
which
payment
is
32
delinquent
shall
accelerate
immediately
to
the
current
legal
33
usury
limit.
Applicants
are
34
(3)
An
applicant
is
eligible
for
no
not
more
than
twenty
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thousand
dollars
in
loans
outstanding
at
any
time
under
this
1
program.
“Permanent
soil
and
water
conservation
practices”
2
b.
As
used
in
this
section,
“permanent
soil
and
water
3
conservation
practice”
has
the
same
meaning
as
defined
in
4
section
161A.42
and
those
established
under
this
program
are
5
subject
to
the
requirements
of
section
161A.7,
subsection
3
.
6
c.
Loans
made
under
this
program
shall
come
due
for
payment
7
upon
sale
of
the
land
on
which
those
practices
are
established.
8
Sec.
8.
Section
161A.73,
subsection
1,
paragraph
b,
Code
9
2024,
is
amended
to
read
as
follows:
10
b.
The
allocation
of
moneys
as
financial
incentives
11
provided
for
the
purpose
of
establishing
management
practices
12
to
control
soil
erosion
on
land
that
is
row
cropped
and
13
promote
soil
health
,
including
but
not
limited
to
cover
crops,
14
no-till
planting,
ridge-till
planting,
contouring,
and
contour
15
strip-cropping.
The
division
shall
by
rule
establish
limits
on
16
the
amount
of
incentives
which
shall
be
authorized
for
payment
17
to
landowners
upon
establishment
of
the
practice.
18
Sec.
9.
Section
161A.80A,
subsection
3,
Code
2024,
is
19
amended
to
read
as
follows:
20
3.
This
section
is
repealed
on
July
October
1,
2030
2024
.
21
Sec.
10.
Section
161A.80B,
subsection
1,
Code
2024,
is
22
amended
to
read
as
follows:
23
1.
The
principal
and
interest
from
any
loan
made
pursuant
24
to
section
161A.80A
,
as
enacted
in
2015
Iowa
Acts,
ch
132,
25
§45
Code
2024
,
remaining
that
are
outstanding
on
July
1,
2025
26
or
after
the
effective
date
of
this
section
of
this
Act
,
and
27
that
prior
to
October
1,
2024,
would
have
been
payable
to
28
the
blufflands
protection
revolving
fund
created
in
section
29
161A.80A
,
shall
instead
be
paid
to
the
division
on
or
after
30
July
1,
2025,
pursuant
to
the
terms
of
the
loan
agreement
31
deposited
by
the
department
of
natural
resources
in
the
state
32
parks
and
recreation
areas
operations
fund
created
in
section
33
455A.10A
.
The
moneys
paid
to
the
division
shall
be
credited
to
34
the
rebuild
Iowa
infrastructure
fund
created
in
section
8.57
.
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Sec.
11.
Section
161D.7,
Code
2024,
is
amended
to
read
as
1
follows:
2
161D.7
Program
coordination.
3
1.
The
department
of
natural
resources
shall
coordinate
the
4
blufflands
protection
program
with
the
program
and
projects
of
5
the
loess
hills
alliance.
6
2.
This
section
is
repealed
on
October
1,
2024.
7
Sec.
12.
NEW
SECTION
.
455A.10A
State
parks
and
recreation
8
areas
operations
fund.
9
1.
A
state
parks
and
recreation
areas
operations
fund
is
10
created
in
the
state
treasury
under
the
management
and
control
11
of
the
department.
12
2.
The
state
parks
and
recreation
areas
operations
fund
13
shall
include
all
of
the
following:
14
a.
(1)
Principal
and
interest
paid
from
any
loan
made
15
pursuant
to
section
161A.80A,
Code
2024,
instead
of
being
paid
16
to
the
blufflands
protection
revolving
fund
as
described
in
17
section
161A.80B.
18
(2)
This
paragraph
is
repealed
on
July
1,
2030.
19
b.
Other
moneys
available
to
and
obtained
or
accepted
by
the
20
department
from
public
or
private
sources.
21
3.
Moneys
in
the
state
parks
and
recreation
areas
operations
22
fund
are
appropriated
to
and
shall
be
used
exclusively
by
the
23
department
to
pay
for
maintaining
and
improving
state
parks
24
and
recreation
areas,
including
by
supporting
infrastructure
25
and
the
professional
needs
of
park
rangers
and
conservation
26
officers.
27
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
28
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
29
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
30
remain
unencumbered
or
unobligated
at
the
end
of
a
fiscal
year
31
shall
not
revert.
32
Sec.
13.
BLUFFLANDS
PROTECTION
REVOLVING
FUND
——
TRANSFER
33
TO
STATE
PARKS
AND
RECREATION
AREAS
OPERATIONS
FUND.
The
34
balance
in
the
blufflands
protection
revolving
fund
created
in
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section
161A.80A
shall
be
transferred
to
the
state
parks
and
1
recreation
areas
operations
fund
created
in
this
Act
not
later
2
than
September
30,
2024.
3
Sec.
14.
STATE
PARKS
AND
RECREATION
AREAS
OPERATIONS
FUND
——
4
APPROPRIATION.
There
is
appropriated
from
the
state
parks
and
5
recreation
areas
operations
fund
created
in
section
455A.10A
6
to
the
department
of
natural
resources
for
the
fiscal
year
7
beginning
July
1,
2024,
and
ending
June
30,
2025,
the
following
8
amounts,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
9
purposes
designated:
10
1.
For
purposes
of
equipping
park
rangers
with
11
interoperative
park
officer
radios:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
456,000
13
2.
For
purposes
of
improving
accessibility
to
state
parks
14
and
recreational
areas
by
persons
with
disabilities,
any
15
unencumbered
or
unobligated
moneys
remaining
in
the
fund.
16
Sec.
15.
SUSPENSION
OF
BLUFFLANDS
PROTECTION
PROGRAM
17
AND
LIMITATION
OF
MONEYS
EXPENDED
FROM
BLUFFLANDS
PROTECTION
18
REVOLVING
FUND.
19
1.
The
blufflands
protection
program
created
in
section
20
161A.80A
is
suspended
and
moneys
shall
not
be
expended
from
the
21
blufflands
protection
revolving
fund
other
than
to
wind
down
22
existing
obligations
until
its
termination
date.
23
2.
This
section
is
repealed
on
October
1,
2024.
24
Sec.
16.
EFFECTIVE
DATES.
25
1.
Except
as
provided
in
subsection
2,
this
division
of
this
26
Act
takes
effect
July
1,
2024.
27
2.
The
section
of
this
division
of
this
Act
suspending
the
28
blufflands
protection
program,
and
limiting
the
expenditure
of
29
moneys
from
the
blufflands
protection
revolving
fund,
being
30
deemed
of
immediate
importance,
takes
effect
upon
enactment.
31
DIVISION
II
32
GROUNDWATER
PROTECTION
ACT
33
Sec.
17.
Section
455E.11,
subsection
1,
paragraph
c,
Code
34
2024,
is
amended
by
striking
the
paragraph.
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DIVISION
III
1
INITIATIVE
ON
IMPROVING
OUR
WATERSHED
ATTRIBUTES
(I
ON
IOWA)
2
Sec.
18.
Section
466.4,
subsection
2,
paragraphs
d
and
e,
3
Code
2024,
are
amended
by
striking
the
paragraphs.
4
Sec.
19.
NEW
SECTION
.
466.4A
Prairie
seed
harvest
program.
5
The
department
of
natural
resources
shall
establish
a
6
prairie
seed
harvest
program
to
assist
in
the
restoration
of
7
prairies
and
provide
for
private
land
stewardship
and
public
8
resource
management
through
assistance
with
the
implementation
9
of
buffer
and
filter
strip
practices,
and
public
or
private
10
habitat
development
and
management.
The
department
shall
carry
11
out
these
efforts
through
landowner
contacts
and
cooperation
12
with
private
and
public
organizations.
13
Sec.
20.
Section
466.5,
subsection
5,
Code
2024,
is
amended
14
by
striking
the
subsection.
15
Sec.
21.
Section
466.7,
Code
2024,
is
amended
to
read
as
16
follows:
17
466.7
Water
quality
protection
program.
18
1.
The
department
of
agriculture
and
land
stewardship
shall
19
implement,
in
conjunction
with
the
federal
government
and
other
20
entities,
a
program
that
provides
multiobjective
resource
21
protections
for
flood
control,
water
quality,
erosion
control,
22
and
natural
resource
conservation.
23
2.
The
department
of
agriculture
and
land
stewardship
shall
24
implement
a
statewide,
voluntary
farm
management
demonstration
25
program
to
demonstrate
the
effectiveness
and
adaptability
of
26
emerging
practices
in
agronomy
that
protect
water
resources
and
27
provide
other
environmental
benefits.
A
demonstration
program
28
under
this
subsection
may
complement,
but
shall
not
duplicate,
29
projects
conducted
by
Iowa
state
university
extension
service.
30
The
demonstration
program
shall
be
designed
to
concentrate
on
31
management
techniques
in
both
the
livestock
and
crop
genres
32
and
shall
be
offered
to
farm
operators
through
an
educational
33
setting
and
demonstration
projects.
The
demonstration
program
34
shall
be
offered
in
conjunction
with
the
community
colleges,
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Iowa
state
university,
and
private
farmer
demonstrations.
1
Continuing
education
units
shall
be
offered.
The
educational
2
program
shall
be
offered
at
no
cost
to
farm
operators
who
file
3
a
schedule
F
with
the
internal
revenue
service
and
do
not
have
4
permitted
livestock
facilities
or
are
certified
under
a
manure
5
management
plan.
6
3.
The
department
of
agriculture
and
land
stewardship
shall
7
provide
financial
assistance
for
the
establishment
of
permanent
8
soil
and
water
conservation
practices.
9
4.
The
department
of
natural
resources
shall
provide
local
10
watershed
managers
with
geographic
information
system
data
for
11
their
use
in
developing,
monitoring,
and
displaying
results
12
of
their
watershed
work.
The
local
watershed
data
shall
be
13
considered
public
records
and
are
accessible
to
the
public
14
pursuant
to
chapter
22
.
15
5.
The
department
of
natural
resources
shall
develop
a
16
program
that
provides
support
to
local
volunteer
management
17
efforts
to
the
different
programs
concerned
with
water
quality.
18
The
department
shall
assist
in
coordinating
and
tracking
of
the
19
volunteer
component
of
these
programs
to
increase
efficiency
20
and
avoid
duplication
of
efforts
in
water
quality
monitoring
21
and
watershed
improvement.
22
6.
The
department
of
natural
resources
shall
provide
for
23
activities
supporting
the
analysis
of
water
quality
monitoring
24
data
for
trends
and
for
the
preparation
and
presentation
of
25
data
to
the
public.
26
7.
The
department
of
natural
resources
shall
contract
27
to
assist
its
staff
with
the
review
of
national
pollutant
28
discharge
elimination
system
permits.
29
8.
The
department
of
natural
resources
shall
expand
30
floodplain
protection
education
to
better
inform
local
31
officials
that
make
decisions
with
regard
to
floodplain
32
management.
33
9.
The
department
of
natural
resources
shall
continue
34
the
establishment
of
an
effective
and
efficient
method
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of
developing
a
total
maximum
daily
load
program,
based
1
on
information
gathered
on
other
states’
programs
and
2
investigation
into
alternative
methods
for
satisfying
the
3
requirements.
4
Sec.
22.
NEW
SECTION
.
466.7A
Water
quality
analysis.
5
1.
The
department
of
natural
resources
shall
provide
local
6
watershed
managers
with
geographic
information
system
data
for
7
their
use
in
developing,
monitoring,
and
displaying
results
8
of
their
watershed
work.
The
local
watershed
data
shall
be
9
considered
public
records
and
are
accessible
to
the
public
10
pursuant
to
chapter
22.
11
2.
The
department
of
natural
resources
shall
support
12
local
volunteer
management
efforts
to
the
different
programs
13
concerned
with
water
quality.
The
department
shall
assist
14
in
coordinating
and
tracking
of
the
volunteer
component
of
15
these
programs
to
increase
efficiency
and
avoid
duplication
of
16
efforts
in
water
quality
monitoring
and
watershed
improvement.
17
3.
The
department
of
natural
resources
shall
provide
for
18
activities
supporting
the
analysis
of
water
quality
monitoring
19
data
for
trends
and
for
the
preparation
and
presentation
of
20
data
to
the
public.
21
4.
The
department
of
natural
resources
shall
continue
22
the
establishment
of
an
effective
and
efficient
method
23
of
developing
a
total
maximum
daily
load
program,
based
24
on
information
gathered
on
other
states’
programs
and
25
investigation
into
alternative
methods
for
satisfying
the
26
requirements.
27
Sec.
23.
Section
466.9,
subsection
1,
Code
2024,
is
amended
28
to
read
as
follows:
29
1.
An
on-site
wastewater
systems
assistance
fund
is
30
established
as
a
separate
fund
in
the
state
treasury
under
the
31
control
of
the
department
of
natural
resources.
Moneys
in
the
32
fund
are
appropriated
to
the
department
of
natural
resources
33
for
the
exclusive
purpose
of
supporting
and
administering
the
34
on-site
wastewater
systems
assistance
program
as
established
in
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section
466.8
467.414
.
1
Sec.
24.
REPEAL.
Sections
466.1,
466.2,
and
466.3,
Code
2
2024,
are
repealed.
3
DIVISION
IV
4
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
5
PART
A
6
GENERAL
7
Sec.
25.
Section
466B.2,
Code
2024,
is
amended
to
read
as
8
follows:
9
466B.2
Definitions
——
chapter
.
10
For
the
purposes
of
this
chapter
,
unless
the
context
11
otherwise
requires:
12
1.
“Council”
means
the
water
resources
coordinating
council
13
created
in
section
466B.3
.
14
2.
1.
“Iowa
nutrient
reduction
strategy”
means
the
same
as
15
defined
in
section
455B.171
.
16
3.
“Political
subdivision”
means
any
of
the
following:
17
a.
A
city.
18
b.
A
county.
19
c.
A
soil
and
water
conservation
district
described
in
20
section
161A.5
.
21
d.
A
benefited
recreational
lake
district
or
a
water
quality
22
district
or
a
combined
district
incorporated
as
a
public
entity
23
and
organized
pursuant
to
chapter
357E
.
24
e.
A
rural
improvement
zone
established
pursuant
to
chapter
25
357H
.
26
4.
2.
“Regional
watershed”
means
a
watershed
of
hydrologic
27
unit
code
scale
8.
28
5.
3.
“Subwatershed”
means
a
watershed
of
hydrologic
unit
29
code
scale
12
or
smaller.
30
6.
4.
“Watershed”
means
a
geographic
area
in
which
surface
31
water
is
drained
by
rivers,
streams,
or
other
bodies
of
water.
32
PART
B
33
WATER
RESOURCE
COORDINATING
COUNCIL
34
Sec.
26.
NEW
SECTION
.
466B.2A
Definitions
——
subchapter.
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As
used
in
this
subchapter,
unless
the
context
otherwise
1
requires:
2
1.
“Council”
means
the
water
resources
coordinating
council
3
established
in
section
467.202.
4
2.
“Secretary”
means
the
secretary
of
agriculture.
5
Sec.
27.
Section
466B.3,
subsection
2,
Code
2024,
is
amended
6
to
read
as
follows:
7
2.
Purpose.
The
purpose
of
the
council
shall
be
to
preserve
8
and
protect
Iowa’s
water
resources,
and
to
coordinate
the
9
management
of
those
resources
in
a
sustainable
and
fiscally
10
responsible
manner.
In
the
pursuit
of
this
purpose,
the
11
council
shall
use
an
integrated
approach
to
water
resource
12
management,
recognizing
that
insufficiencies
exist
in
current
13
approaches
and
practices,
as
well
as
in
funding
sources
and
14
the
utilization
of
funds.
The
integrated
approach
used
by
the
15
council
shall
attempt
to
overcome
old
categories,
labels,
and
16
obstacles
with
the
primary
goal
of
managing
the
state’s
water
17
resources
comprehensively
rather
than
compartmentally.
18
Sec.
28.
Section
466B.3,
subsections
4,
5,
and
6,
Code
2024,
19
are
amended
by
striking
the
subsections.
20
Sec.
29.
NEW
SECTION
.
466B.3A
Membership,
meetings,
and
21
quorum.
22
1.
The
water
resources
coordinating
council
shall
consist
23
of
all
of
the
following
members:
24
a.
The
secretary
of
agriculture,
who
shall
be
the
25
chairperson,
or
the
secretary’s
designee.
26
b.
The
director
of
the
department
of
natural
resources
or
27
the
director’s
designee.
28
c.
The
director
of
the
division
of
soil
conservation
and
29
water
quality
within
the
department
of
agriculture
and
land
30
stewardship
or
the
director’s
designee.
31
d.
The
director
of
the
department
of
health
and
human
32
services
or
the
director’s
designee.
33
e.
The
director
of
the
department
of
homeland
security
and
34
emergency
management
or
the
director’s
designee.
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f.
The
dean
of
the
college
of
agriculture
and
life
sciences
1
at
Iowa
state
university
or
the
dean’s
designee.
2
g.
The
dean
of
the
college
of
public
health
at
the
3
university
of
Iowa
or
the
dean’s
designee.
4
h.
The
dean
of
the
college
of
natural
sciences
at
the
5
university
of
northern
Iowa
or
the
dean’s
designee.
6
i.
The
director
of
transportation
or
the
director’s
7
designee.
8
j.
The
director
of
the
economic
development
authority
or
the
9
director’s
designee.
10
k.
The
dean
of
the
college
of
engineering
at
the
university
11
of
Iowa
or
the
dean’s
designee.
12
2.
As
the
chairperson,
and
in
order
to
further
the
13
coordination
efforts
of
the
council,
the
secretary
may
14
invite
representatives
from
any
other
public
agency,
private
15
organization,
business,
citizen
group,
or
nonprofit
entity
to
16
give
public
input
at
council
meetings,
provided
the
entity
has
17
an
interest
in
the
coordinated
management
of
land
resources,
18
soil
conservation,
flood
mitigation,
or
water
quality.
The
19
secretary
shall
also
invite
and
solicit
advice
from
the
20
following:
21
a.
The
director
of
the
Iowa
water
science
center
of
the
22
United
States
geological
survey
or
the
director’s
designee.
23
b.
The
state
conservationist
from
the
Iowa
office
of
the
24
United
States
department
of
agriculture’s
natural
resources
25
conservation
service
or
the
state
conservationist’s
designee.
26
c.
The
state
director
for
Iowa
from
the
United
States
27
department
of
agriculture’s
farm
services
agency
or
the
state
28
director’s
designee.
29
d.
The
state
director
for
Iowa
from
the
United
States
30
department
of
agriculture’s
office
of
rural
development
or
the
31
state
director’s
designee.
32
e.
The
director
of
region
seven
of
the
United
States
33
environmental
protection
agency
or
the
director’s
designee.
34
f.
The
corps
commander
from
the
United
States
army
corps
of
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engineers’
Rock
Island
district
or
the
commander’s
designee.
1
3.
a.
The
council
shall
be
convened
by
the
secretary
at
2
least
quarterly.
3
b.
A
majority
of
the
members
fixed
by
statute
shall
4
constitute
a
quorum,
and
any
action
taken
by
the
council
must
5
be
adopted
by
a
majority
of
the
voting
membership.
6
Sec.
30.
NEW
SECTION
.
466B.3B
Duties
and
powers.
7
1.
The
water
resources
coordinating
council
shall
engage
in
8
the
regular
coordination
of
water
resource-related
functions,
9
including
protection
strategies,
planning,
assessment,
10
prioritization,
review,
concurrence,
advocacy,
and
education.
11
2.
In
coordinating
water
resource-related
functions,
12
the
water
resources
coordinating
council
may
do
all
of
the
13
following:
14
a.
Consider
the
steps
necessary
to
address
the
planning,
15
management,
and
implementation
of
water
resource
improvement.
16
b.
Identify
ways
to
facilitate
communication
and
17
participation
among
all
water
resource
stakeholders,
including
18
owners
of
land
in
Iowa
whether
they
are
residents
or
not.
19
c.
Identify
inefficiencies
in
current
programs
and
recommend
20
ways
to
eliminate
duplicative
services.
21
d.
Improve
the
availability
and
management
of
water
resource
22
information.
23
e.
Regularly
assess
and
identify
measurable
improvements
in
24
water
quality.
25
f.
Develop
a
protocol
which
identifies
high-priority
26
watersheds,
including
local
and
community-based
subwatersheds,
27
and
which
appropriately
directs
resources
to
those
watersheds.
28
g.
Review
best
available
technologies
on
a
regular
basis,
29
so
that
investments
of
time
and
program
resources
can
be
30
prioritized
and
directed
to
projects
that
will
best
and
most
31
effectively
improve
water
quality
and
reduce
flood
damage
32
within
regional
and
community
subwatersheds.
33
h.
Review
voluntary,
performance-based
standards
for
water
34
resource
management,
land
management,
and
soil
conservation.
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i.
Engage
in
dialogue
with,
and
pursue
efforts
to
make
1
cooperative
agreements
with,
other
states
when
a
watershed
2
extends
beyond
borders
of
this
state.
3
Sec.
31.
Section
466B.9,
Code
2024,
is
amended
to
read
as
4
follows:
5
466B.9
Rulemaking
authority.
6
The
department
of
natural
resources
and
the
department
7
of
agriculture
and
land
stewardship
and
the
department
of
8
natural
resources
shall
have
the
power
and
authority
reasonably
9
necessary
to
carry
out
the
duties
imposed
by
this
chapter
,
10
including
the
adoption
of
rules
pursuant
to
chapter
17A
.
As
to
11
the
department
of
natural
resources,
this
includes
rulemaking
12
authority
to
carry
out
the
regional
watershed
assessment
13
program
described
in
section
466B.5
.
As
to
the
department
of
14
agriculture
and
land
stewardship,
this
includes
rulemaking
15
authority
to
assist
in
the
implementation
of
community-based
16
subwatershed
improvement
plans.
17
Sec.
32.
REPEAL.
Sections
466B.4,
466B.5,
466B.6,
466B.7,
18
466B.8,
466B.10,
and
466B.11,
Code
2024,
are
repealed.
19
PART
C
20
WATERSHED
PARTNERSHIPS
21
Sec.
33.
Section
466B.21,
Code
2024,
is
amended
to
read
as
22
follows:
23
466B.21
Definitions.
24
As
used
in
this
subchapter
,
unless
the
context
otherwise
25
requires:
26
1.
“Authority”
means
a
watershed
management
authority
27
created
pursuant
to
a
chapter
28E
agreement
as
provided
in
this
28
subchapter
.
29
2.
1.
“Board”
means
a
board
of
directors
of
a
watershed
30
management
authority
the
governing
body
of
the
watershed
31
partnership
as
provided
in
section
467.504
.
32
2.
“Partnership”
means
a
watershed
partnership
created
33
pursuant
to
section
467.502.
34
3.
“Political
subdivision”
means
any
of
the
following:
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a.
A
city.
1
b.
A
county.
2
c.
A
soil
and
water
conservation
district
described
in
3
section
161A.5.
4
d.
A
benefited
recreational
lake
district
or
a
water
quality
5
district
or
a
combined
district
incorporated
as
a
public
entity
6
and
organized
pursuant
to
chapter
357E.
7
e.
A
rural
improvement
zone
established
pursuant
to
chapter
8
357H.
9
Sec.
34.
Section
466B.22,
Code
2024,
is
amended
to
read
as
10
follows:
11
466B.22
Watershed
management
authorities
created
partnerships
12
——
establishment
.
13
1.
Two
or
more
political
subdivisions
may
create
establish
,
14
by
chapter
28E
agreement,
a
watershed
management
authority
15
partnership
pursuant
to
this
subchapter
.
The
participating
16
political
subdivisions
must
be
located
in
the
same
United
17
States
geological
survey
hydrologic
unit
code
8
watershed.
All
18
political
subdivisions
within
a
watershed
must
be
notified
19
within
thirty
days
prior
to
organization
of
any
watershed
20
management
authority
partnership
within
the
watershed,
and
21
provided
the
opportunity
to
participate.
22
2.
The
chapter
28E
agreement
shall
include
a
map
showing
the
23
area
and
boundaries
of
the
authority
watershed
partnership’s
24
jurisdiction
.
25
3.
A
political
subdivision
may
participate
in
more
than
26
one
authority
watershed
partnership
created
pursuant
to
this
27
subchapter
.
28
4.
A
political
subdivision
is
not
required
to
participate
in
29
a
watershed
management
authority
partnership
or
be
a
party
to
a
30
chapter
28E
agreement
under
this
subchapter
.
31
5.
If
a
portion
of
a
United
States
geological
survey
32
hydrologic
unit
code
8
watershed
is
located
outside
of
this
33
state,
any
political
subdivision
in
such
a
watershed
may
34
participate
in
any
watershed
management
authority
partnership
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which
includes
the
county
in
which
the
political
subdivision
1
is
located.
2
6.
A
watershed
partnership
is
not
a
partnership
governed
3
under
chapter
486A
or
488.
4
Sec.
35.
Section
466B.23,
Code
2024,
is
amended
to
read
as
5
follows:
6
466B.23
Duties
Watershed
partnership
——
duties
.
7
1.
A
watershed
management
authority
partnership
may
perform
8
all
of
the
following
duties:
9
1.
a.
Assess
the
flood
risks
in
the
watershed
Identify,
10
plan
for,
and
assess
options
for
reducing
the
risk
of
floods
11
in
the
watershed
.
12
2.
b.
Assess
the
water
quality
in
the
watershed.
13
3.
c.
Assess
options
for
reducing
flood
risk
and
improving
14
water
quality
in
the
watershed.
15
4.
d.
Monitor
federal
flood
risk
planning
and
activities.
16
5.
e.
Educate
residents
of
the
watershed
area
regarding
17
water
quality
and
flood
risks.
18
f.
Support
and
implement
water
quality
projects
in
the
19
watershed
that
are
consistent
with
the
Iowa
nutrient
reduction
20
strategy.
21
g.
Engage
in
efforts
to
maximize
efficiency
and
increase
22
capacity
for
implementation
of
water
quality
practices
that
are
23
consistent
with
the
Iowa
nutrient
reduction
strategy.
24
6.
h.
Allocate
moneys
made
available
to
the
authority
25
watershed
partnership
for
purposes
of
water
quality
and
flood
26
mitigation
and
water
quality
.
27
i.
Coordinate
its
undertakings
with
the
department
of
28
agriculture
and
land
stewardship,
the
department
of
natural
29
resources,
councils
of
governments,
public
drinking
water
30
utilities,
and
soil
and
water
conservation
districts.
31
7.
j.
Make
and
enter
into
contracts
and
agreements
32
and
execute
all
instruments
necessary
or
incidental
to
33
the
performance
of
the
duties
of
the
authority
watershed
34
partnership
.
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2.
A
watershed
partnership
shall
not
allocate
moneys
for
1
water
quality
nutrient
reduction
practices
unless
the
moneys
2
are
expended
in
a
manner
that
is
consistent
with
the
Iowa
3
nutrient
reduction
strategy
or
the
Iowa
storm
water
management
4
manual
published
by
the
department
of
natural
resources.
5
3.
A
watershed
management
authority
partnership
shall
not
6
acquire
property
by
eminent
domain.
7
Sec.
36.
Section
466B.24,
Code
2024,
is
amended
to
read
as
8
follows:
9
466B.24
Board
of
directors
Watershed
partnership
——
governing
10
body
.
11
1.
An
authority
A
watershed
partnership
shall
be
governed
12
administered
by
a
board
of
directors
joint
board
as
provided
in
13
section
28E.6
.
Members
of
a
board
of
directors
of
an
authority
14
shall
be
divided
among
the
political
subdivisions
comprising
15
the
authority
watershed
partnership
and
shall
be
appointed
16
by
the
their
respective
political
subdivision’s
elected
17
legislative
body
bodies
.
18
2.
A
board
of
directors
shall
consist
of
one
representative
19
of
each
participating
political
subdivision.
This
subsection
20
shall
not
apply
if
a
chapter
28E
agreement
under
this
21
subchapter
provides
an
alternative
board
composition
method.
22
3.
The
directors
shall
serve
staggered
terms
of
four
years.
23
The
initial
board
shall
determine,
by
lot,
the
initial
terms
24
to
be
shortened
and
lengthened,
as
necessary,
to
achieve
25
staggered
terms.
A
person
appointed
to
fill
a
vacancy
shall
be
26
appointed
in
the
same
manner
as
the
original
appointment
for
27
the
duration
of
the
unexpired
term.
A
director
is
eligible
for
28
reappointment.
This
subsection
shall
not
apply
if
a
chapter
29
28E
agreement
under
this
subchapter
provides
an
alternative
30
for
the
length
of
term,
appointment,
and
reappointment
of
31
directors.
32
4.
A
board
may
provide
procedures
for
the
removal
of
a
33
director
who
fails
to
attend
three
consecutive
regular
meetings
34
of
the
board.
If
a
director
is
so
removed,
a
successor
shall
be
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appointed
for
the
duration
of
the
unexpired
term
of
the
removed
1
director
in
the
same
manner
as
the
original
appointment.
The
2
appointing
body
may
at
any
time
remove
a
director
appointed
by
3
it
for
misfeasance,
nonfeasance,
or
malfeasance
in
office.
4
5.
A
board
shall
adopt
bylaws
and
shall
elect
one
director
5
as
chairperson
and
one
director
as
vice
chairperson,
each
for
a
6
term
of
two
years,
and
shall
appoint
a
secretary
who
need
not
7
be
a
director.
8
6.
A
majority
of
the
membership
of
a
board
of
directors
9
shall
constitute
a
quorum
for
the
purpose
of
holding
a
meeting
10
of
the
board.
The
affirmative
vote
of
a
majority
of
a
quorum
11
shall
be
necessary
for
any
action
taken
by
an
authority
unless
12
the
authority’s
bylaws
specify
those
particular
actions
of
the
13
authority
requiring
a
greater
number
of
affirmative
votes.
A
14
vacancy
in
the
membership
of
the
board
shall
not
impair
the
15
rights
of
a
quorum
to
exercise
all
the
rights
and
perform
all
16
the
duties
of
the
authority.
17
Sec.
37.
REPEAL.
Section
466B.25,
Code
2024,
is
repealed.
18
Sec.
38.
TRANSITIONAL
PROVISIONS
——
APPOINTMENT
AND
TERMS
19
OF
BOARD
OF
DIRECTORS
AND
PRIOR
ACTIONS
BY
THE
BOARD.
20
1.
This
division
of
this
Act,
and
the
transfers
directed
21
by
this
Act,
shall
not
affect
the
appointment
or
any
term
of
22
office
of
an
individual
who
served
as
a
director
of
a
watershed
23
management
authority
immediately
prior
to
the
effective
date
24
of
this
Act
and
who
now
serves
as
a
member
of
a
joint
board
25
for
a
watershed
partnership.
That
individual
shall
continue
26
to
serve
on
the
joint
board
of
the
watershed
partnership
until
27
the
individual’s
term
would
otherwise
expire
or
the
individual
28
is
otherwise
replaced.
29
2.
A
watershed
partnership
which
existed
as
a
watershed
30
management
authority
shall
change
its
name
as
it
appears
on
31
all
formal
documents
which
are
in
force
and
effect
as
soon
as
32
practicable
in
a
cost-effective
manner.
33
3.
Any
affirmative
action
adopted
by
a
political
34
subdivision
creating
a
watershed
management
authority
under
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section
466B.22,
Code
2024,
or
the
board
of
directors
of
a
1
watershed
management
authority
operating
under
section
466B.24,
2
Code
2024,
that
is
in
force
and
effect
immediately
prior
to
the
3
effective
date
of
this
Act,
shall
continue
in
full
force
and
4
effect
until
the
earlier
of
the
following:
5
a.
It
is
amended,
rescinded,
or
supplemented
by
the
6
affirmative
action
of
the
watershed
partnership.
7
b.
It
expires
by
its
own
terms.
8
PART
D
9
WATERSHED
PLANNING
ADVISORY
COUNCIL
10
Sec.
39.
REPEAL.
Section
466B.31,
Code
2024,
is
repealed.
11
PART
E
12
WATER
QUALITY
INITIATIVE
——
NUTRIENTS
13
Sec.
40.
Section
466B.41,
Code
2024,
is
amended
to
read
as
14
follows:
15
466B.41
Definitions.
16
As
used
in
this
subchapter,
unless
the
context
otherwise
17
requires:
18
1.
“Center”
means
the
Iowa
nutrient
research
center
19
established
pursuant
to
section
466B.47
467.321
.
20
2.
“Council”
means
the
Iowa
nutrient
research
center
21
advisory
council
established
pursuant
to
section
466B.48
22
467.322
.
23
3.
“Division”
means
the
division
of
soil
conservation
and
24
water
quality
created
within
the
department
of
agriculture
and
25
land
stewardship
pursuant
to
section
159.5
.
26
4.
“Fund”
means
the
water
quality
initiative
fund
created
27
in
section
466B.45
.
28
5.
4.
“Nutrient”
includes
nitrogen
and
phosphorus.
29
Sec.
41.
Section
466B.43,
subsection
1,
Code
2024,
is
30
amended
to
read
as
follows:
31
1.
As
part
of
the
water
quality
initiative
established
32
pursuant
to
section
466B.42
467.311
,
the
division
shall
33
administer
water
quality
agriculture
infrastructure
programs
34
created
in
this
section
.
35
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(3)
90
da/ns
22/
37
H.F.
2614
Sec.
42.
Section
466B.44,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
As
part
of
the
water
quality
initiative
established
3
pursuant
to
section
466B.42
467.311
,
the
division
shall
4
administer
a
water
quality
urban
infrastructure
program.
5
Sec.
43.
Section
466B.44,
subsection
5,
paragraph
b,
Code
6
2024,
is
amended
to
read
as
follows:
7
b.
Support
water
quality
agriculture
infrastructure
programs
8
created
in
section
466B.43
467.313
,
to
the
extent
that
moneys
9
are
not
obligated
or
encumbered
during
a
fiscal
year
to
10
adequately
support
all
urban
infrastructure
program
projects
11
that
meet
the
division’s
requirements.
12
Sec.
44.
Section
466B.46,
subsection
3,
Code
2024,
is
13
amended
to
read
as
follows:
14
3.
Moneys
in
the
fund
are
appropriated
to
the
center
and
15
shall
be
used
exclusively
by
the
center
to
carry
out
its
16
purpose
as
described
in
section
466B.47
467.321
.
17
Sec.
45.
Section
466B.48,
subsection
4,
Code
2024,
is
18
amended
to
read
as
follows:
19
4.
The
council
shall
function
on
a
continuing
basis
for
the
20
study
and
recommendation
of
solutions
for
consideration
by
the
21
Iowa
nutrient
research
center
in
carrying
out
its
purpose
as
22
provided
in
section
466B.47
467.321
.
23
DIVISION
V
24
COORDINATING
AMENDMENTS
25
Sec.
46.
Section
8.57B,
subsection
3,
Code
2024,
is
amended
26
to
read
as
follows:
27
3.
Moneys
in
the
fund
are
appropriated
to
the
division
28
of
soil
conservation
and
water
quality
of
the
department
of
29
agriculture
and
land
stewardship
for
the
exclusive
purpose
of
30
supporting
water
quality
agriculture
infrastructure
programs
31
created
in
section
466B.43
467.313
.
32
Sec.
47.
Section
16.134A,
subsection
3,
paragraph
c,
Code
33
2024,
is
amended
to
read
as
follows:
34
c.
Fifteen
percent
to
the
division
of
soil
conservation
35
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(3)
90
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23/
37
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2614
and
water
quality
of
the
department
of
agriculture
and
land
1
stewardship
to
support
the
water
quality
urban
infrastructure
2
program
created
in
section
466B.44
467.314
.
3
Sec.
48.
Section
455B.109,
subsection
5,
paragraph
b,
Code
4
2024,
is
amended
to
read
as
follows:
5
b.
Civil
penalties
assessed
and
collected
by
or
on
behalf
of
6
the
department
and
interest
on
the
civil
penalties
as
provided
7
in
sections
459.602
,
459.603
,
459.604
,
459A.502
,
and
459B.402
8
shall
be
credited
to
the
Iowa
nutrient
research
fund
created
in
9
section
466B.46
467.323
.
10
Sec.
49.
Section
455E.11,
subsection
2,
paragraph
b,
11
subparagraph
(2),
subparagraph
division
(a),
Code
2024,
is
12
amended
to
read
as
follows:
13
(a)
Thirty-five
percent
is
appropriated
annually
to
the
14
Iowa
nutrient
research
fund
created
in
section
466B.46
467.323
.
15
Of
the
moneys
appropriated
pursuant
to
this
subparagraph
16
division,
five
hundred
thousand
dollars
or
one-third
of
the
17
moneys
appropriated,
whichever
is
higher,
shall
be
deposited
in
18
the
water
quality
initiative
fund
created
in
section
466B.45
19
467.312
for
purposes
of
supporting
the
water
quality
initiative
20
administered
by
the
division
of
soil
conservation
and
water
21
quality
as
provided
in
section
466B.42
467.311
.
22
Sec.
50.
Section
459.602,
Code
2024,
is
amended
to
read
as
23
follows:
24
459.602
Air
quality
violations
——
civil
penalty.
25
A
person
who
violates
subchapter
II
shall
be
subject
to
26
a
civil
penalty
which
shall
be
established,
assessed,
and
27
collected
in
the
same
manner
as
provided
in
section
455B.109
.
28
Any
collected
civil
penalty
and
interest
on
a
civil
penalty
29
shall
be
credited
to
the
Iowa
nutrient
research
fund
created
in
30
section
466B.46
467.323
.
31
Sec.
51.
Section
459.603,
Code
2024,
is
amended
to
read
as
32
follows:
33
459.603
Water
quality
violations
——
civil
penalty.
34
A
person
who
violates
subchapter
III
shall
be
subject
to
35
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6306HV
(3)
90
da/ns
24/
37
H.F.
2614
a
civil
penalty
which
shall
be
established,
assessed,
and
1
collected
in
the
same
manner
as
provided
in
section
455B.109
or
2
455B.191
.
Any
collected
civil
penalty
and
interest
on
a
civil
3
penalty
shall
be
credited
to
the
Iowa
nutrient
research
fund
4
created
in
section
466B.46
467.323
.
5
Sec.
52.
Section
459.604,
subsection
2,
Code
2024,
is
6
amended
to
read
as
follows:
7
2.
Moneys
assessed
and
collected
in
civil
penalties,
and
8
interest
earned
on
civil
penalties,
arising
out
of
a
violation
9
involving
an
animal
feeding
operation
shall
be
credited
to
the
10
Iowa
nutrient
research
fund
created
in
section
466B.46
467.323
.
11
Sec.
53.
Section
459A.502,
Code
2024,
is
amended
to
read
as
12
follows:
13
459A.502
Violations
——
civil
penalty.
14
A
person
who
violates
this
chapter
shall
be
subject
to
15
a
civil
penalty
which
shall
be
established,
assessed,
and
16
collected
in
the
same
manner
as
provided
in
section
455B.191
.
17
Any
collected
civil
penalty
and
interest
on
a
civil
penalty
18
shall
be
credited
to
the
Iowa
nutrient
research
fund
created
19
in
section
466B.46
467.323
.
A
person
shall
not
be
subject
to
a
20
penalty
under
this
section
and
a
penalty
under
section
459.603
21
for
the
same
violation.
22
Sec.
54.
Section
459B.402,
Code
2024,
is
amended
to
read
as
23
follows:
24
459B.402
Violations
——
civil
penalty.
25
A
person
who
violates
section
459B.301
shall
be
subject
to
26
the
same
penalty
as
provided
in
section
459.602
,
and
a
person
27
who
violates
any
other
provision
of
this
chapter
shall
be
28
subject
to
the
same
penalty
as
provided
in
section
459.603
.
29
Any
collected
civil
penalty
and
interest
on
a
civil
penalty
30
shall
be
credited
to
the
Iowa
nutrient
research
fund
created
in
31
section
466B.46
467.323
.
32
Sec.
55.
Section
461.33,
subsection
2,
paragraph
a,
Code
33
2024,
is
amended
to
read
as
follows:
34
a.
Soil
conservation
and
watershed
protection,
including
by
35
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6306HV
(3)
90
da/ns
25/
37
H.F.
2614
supporting
the
division
of
soil
conservation
and
water
quality
1
within
the
department
of
agriculture
and
land
stewardship
2
and
soil
and
water
conservation
district
commissioners.
The
3
department
may
provide
for
the
installation
of
conservation
4
practices
and
watershed
protection
improvements
as
provided
in
5
chapters
161A
,
161C
,
461A
,
and
466
467
.
6
Sec.
56.
Section
461.34,
subsection
2,
Code
2024,
is
amended
7
to
read
as
follows:
8
2.
The
account
shall
be
used
cooperatively
by
the
department
9
of
natural
resources
and
the
department
of
agriculture
and
land
10
stewardship
to
support
all
of
the
following
initiatives:
11
a.
Water
resource
projects
administered
by
the
department
12
of
natural
resources
to
preserve
watersheds,
including
but
not
13
limited
to
all
of
the
following:
14
(1)
Projects
projects
to
protect,
restore,
or
enhance
15
water
quality
in
the
state
through
the
provision
of
financial
16
assistance
to
communities
for
impairment-based,
locally
17
directed
watershed
projects.
The
department
may
use
the
18
account
to
support
the
water
resource
restoration
sponsor
19
program
as
provided
in
section
455B.199
.
20
(2)
Regional
and
community
watershed
assessment,
planning,
21
and
prioritization
efforts,
including
as
provided
in
chapter
22
466B
.
23
b.
Surface
water
protection
projects
and
practices
24
administered
by
the
department
of
agriculture
and
land
25
stewardship
or
the
department
of
natural
resources
,
including
26
but
not
limited
to
the
installation
of
permanent
vegetation
27
cover,
filter
strips,
grass
waterways,
and
riparian
forest
28
buffers;
dredging;
and
bank
stabilization.
The
departments
29
of
agriculture
and
land
stewardship
and
natural
resources
30
department
may
use
the
account
to
support
the
conservation
31
buffer
strip
program
provided
in
section
466.4
467.401
and
the
32
conservation
reserve
enhancement
program
as
provided
in
section
33
466.5
467.402
.
34
c.
The
prairie
seed
harvest
program
administered
by
the
35
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(3)
90
da/ns
26/
37
H.F.
2614
department
of
natural
resources
as
provided
in
section
467.405.
1
DIVISION
VI
2
CODE
ORGANIZATION
3
Sec.
57.
DIRECTIONS
TO
CODE
EDITOR
——
TRANSFERS.
The
4
Code
editor
is
directed
to
place
chapter
467
in
Title
XI,
5
subtitle
2,
and
organize
chapter
467
in
subchapters,
parts,
6
and
sections,
including
as
amended
or
enacted
by
this
Act,
as
7
follows:
8
1.
Subchapter
I
which
shall
include
the
following
9
transferred
sections:
10
a.
Section
466B.1
to
section
467.101.
11
b.
Section
466B.2
to
section
467.102.
12
c.
Section
466B.9
to
section
467.103.
13
2.
Subchapter
II,
which
shall
include
the
following
14
transferred
sections:
15
a.
Section
466B.2A
to
section
467.201.
16
b.
Section
466B.3
to
section
467.202.
17
c.
Section
466B.3A
to
section
467.203.
18
d.
Section
466B.3B
to
section
467.204.
19
3.
Subchapter
III,
which
shall
include
the
following
parts:
20
a.
Part
1
which
shall
include
the
following
transferred
21
sections:
22
(1)
Section
466B.41
to
section
467.301.
23
(2)
Section
466B.49
to
section
467.302.
24
b.
Part
2
which
shall
include
the
following
transferred
25
sections:
26
(1)
Section
466B.42
to
section
467.311.
27
(2)
Section
466B.45
to
section
467.312.
28
(3)
Section
466B.43
to
section
467.313.
29
(4)
Section
466B.44
to
section
467.314.
30
c.
Part
3
which
shall
include
the
following
transferred
31
sections:
32
(1)
Section
466B.47
to
section
467.321.
33
(2)
Section
466B.48
to
section
467.322.
34
(3)
Section
466B.46
to
section
467.323.
35
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4.
Subchapter
IV
which
shall
include
the
following
parts:
1
a.
Part
1
which
shall
include
the
following
transferred
2
sections:
3
(1)
Section
466.4
to
section
467.401.
4
(2)
Section
466.5
to
section
467.402.
5
(3)
Section
466.7
to
section
467.403.
6
b.
Part
2
which
shall
include
the
following
transferred
7
sections:
8
(1)
Section
466.4A
to
section
467.405.
9
(2)
Section
466.6
to
section
467.411.
10
(3)
Section
466.7A
to
section
467.412.
11
(4)
Section
466.9
to
section
467.413.
12
(5)
Section
466.8
to
section
467.414.
13
5.
Subchapter
V
which
shall
include
the
following
14
transferred
sections:
15
a.
Section
466B.21
to
section
467.501.
16
b.
Section
466B.22
to
section
467.502.
17
c.
Section
466B.23
to
section
467.503.
18
d.
Section
466B.24
to
section
467.504.
19
Sec.
58.
DIRECTIONS
TO
CODE
EDITOR
——
CORRECTIONS.
The
Code
20
editor
shall
correct
internal
references
in
the
Code
and
in
any
21
enacted
legislation
as
necessary
due
to
the
enactment
of
this
22
division
of
this
Act.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
GENERAL.
This
bill
amends
four
Code
chapters
providing
for
27
soil
and
water
conservation,
water
quality,
and
flood
control
28
primarily
administered
by
the
department
of
agriculture
and
29
land
stewardship
(DALS),
the
department
of
natural
resources
30
(DNR),
and
Iowa
state
university
of
science
and
technology
31
(ISU).
The
Code
chapters
include
Iowa’s
“Soil
Conservation
32
Districts
Law”
(Code
chapter
161A),
the
“Groundwater
Protection
33
Act”
(Code
chapter
455E),
the
“Initiative
on
Improving
Our
34
Watershed
Attributes
(I
on
IOWA)”
(Code
chapter
466),
and
35
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37
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the
“Surface
Water
Protection
and
Flood
Mitigation
Act”
1
(Code
chapter
466B)
which
includes
a
number
of
subchapters,
2
including
surface
water
protection
and
flood
mitigation
3
(subchapter
I),
watershed
management
authorities
(subchapter
4
II),
watershed
planning
activities
(subchapter
III),
and
water
5
quality
initiative
——
nutrients
(subchapter
IV).
The
bill
then
6
transfers
Code
sections
in
Code
chapters
466
and
466B
to
new
7
Code
chapter
467,
including
subchapters.
8
SOIL
CONSERVATION
DISTRICTS
LAW
——
BACKGROUND.
Code
chapter
9
161A
is
administered
by
the
soil
conservation
and
water
quality
10
division
(division)
of
DALS
in
cooperation
with
the
state
soil
11
conservation
and
water
quality
committee
and
the
commissioners
12
(commissioners)
of
Iowa’s
100
soil
and
water
conservation
13
districts
(districts)
(Code
section
161A.5).
The
Code
chapter
14
authorizes
the
payment
of
cost-share
incentive
payments
to
15
landowners
voluntarily
installing
practices
to
control
erosion
16
and
conserve
water
resources,
and
preserve
or
improve
water
17
quality.
The
installation
of
a
soil
and
water
conservation
18
practice
is
designed
to
prevent
erosion
by
wind
or
water
in
19
excess
of
the
district’s
soil
loss
limit,
meaning
the
maximum
20
amount
of
soil
loss
measured
in
tons
per
acre
per
year
due
21
to
erosion
determined
by
the
commissioners
to
be
acceptable
22
in
their
district
(Code
section
161A.42).
A
soil
and
water
23
conservation
practice
may
be
permanent,
meaning
that
it
has
an
24
existence
of
multiple
crop
years,
or
temporary,
meaning
that
25
it
has
an
existence
of
a
single
crop
year.
The
division
is
26
responsible
for
providing
funding
to
assist
in
the
installation
27
of
a
soil
and
water
conservation
practice
(Code
section
28
161A.73)
and
assisting
each
district
in
developing
a
district
29
soil
and
water
resource
conservation
plan
(district
plan)
to
30
meet
its
soil
loss
limit
(Code
sections
161A.4
and
161A.7).
31
SOIL
CONSERVATION
DISTRICTS
LAW
(SOIL
CONSERVATION
AND
32
WATER
QUALITY
AND
SOIL
HEALTH)
——
BILL.
The
bill
provides
33
for
efforts
to
improve
soil
health,
defined
as
the
continuing
34
capacity
of
soil
to
function
as
a
vital
ecosystem
that
35
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6306HV
(3)
90
da/ns
29/
37
H.F.
2614
sustains
plants,
animals,
and
humans
(Code
section
161A.3).
1
The
bill
provides
that
a
district
plan
must
provide
for
the
2
improvement
of
soil
health
and
that
the
division
may
support
3
the
establishment
of
soil
and
water
conservation
practices
that
4
improve
soil
health.
5
SOIL
CONSERVATION
DISTRICTS
LAW
(TEMPORARY
SOIL
AND
6
WATER
CONSERVATION
PRACTICES)
——
BILL.
The
bill
expands
the
7
definition
of
a
temporary
soil
and
water
conservation
practice
8
to
include
the
use
of
cover
crops,
no-tillage,
the
installation
9
of
an
agriculture
practice,
silviculture
practice,
aquaculture
10
practice,
or
permaculture
practice,
or
the
use
of
extended
crop
11
rotation
or
rotational
grazing
(Code
section
161A.42).
12
SOIL
CONSERVATION
DISTRICTS
LAW/BLUFFLANDS
PROTECTION
——
13
BACKGROUND
AND
BILL.
A
blufflands
protection
program
(Code
14
section
161A.80A)
and
blufflands
protection
revolving
fund
15
were
enacted
in
2015
(2015
Iowa
Acts,
chapter
132,
sections
45
16
and
46).
The
purpose
of
the
program
and
fund
is
to
make
loans
17
to
conservation
organizations
purchasing
bluffland
properties
18
adjacent
to
state
public
lands.
The
principal
and
interest
19
from
any
loan
made
from
the
fund
outstanding
on
July
1,
2025,
20
that
would
have
been
payable
to
the
fund
must
instead
be
21
payable
to
the
rebuild
Iowa
infrastructure
fund
created
in
Code
22
section
8.57
(Code
section
161A.80B).
The
bill
eliminates
the
23
program
and
fund
on
October
1,
2024.
Under
current
law,
the
24
program
and
fund
are
to
be
eliminated
on
July
1,
2030.
Until
25
then,
the
administration
of
the
program
and
fund
are
suspended
26
other
than
as
needed
to
wind
up
their
affairs.
Moneys
in
the
27
fund
are
transferred
to
a
new
state
parks
and
recreation
areas
28
operations
fund
under
the
control
of
DNR.
The
new
fund
is
29
also
supported
by
principal
and
interest
on
loans
that
would
30
otherwise
be
paid
into
the
eliminated
fund
or
later
to
the
31
rebuild
Iowa
infrastructure
fund.
For
FY
2024-2025,
moneys
32
in
the
new
fund
are
appropriated
to
support
the
purchase
of
33
interoperative
park
officer
radios
and
improving
accessibility
34
to
state
parks
and
recreational
areas
by
persons
with
35
-30-
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6306HV
(3)
90
da/ns
30/
37
H.F.
2614
disabilities.
1
GROUNDWATER
PROTECTION
ACT
(ANNUAL
REPORT)
——
BACKGROUND
2
AND
BILL.
The
declared
policy
of
the
state
is
to
prevent
3
groundwater
contamination
from
point
and
nonpoint
sources
and
4
to
restore
the
state’s
groundwater
to
a
potable
condition
5
(Code
section
455E.4).
The
bill
amends
the
groundwater
6
protection
fund
(Code
section
455E.11).
The
fund
receives
7
moneys
from
various
fees,
is
divided
into
several
accounts,
8
and
moneys
from
the
fund
are
distributed
to
various
entities
9
to
carry
out
a
stated
purpose.
DNR’s
director
is
responsible
10
for
administering
the
fund
and
preparing
a
budget
each
year
11
regarding
the
expenditure
of
moneys
in
the
fund.
The
secretary
12
of
agriculture
is
required
to
submit
a
report
to
the
governor
13
on
a
biennial
basis
regarding
past
and
future
expenditures.
14
The
bill
eliminates
that
requirement.
15
INITIATIVE
ON
IMPROVING
OUR
WATERSHED
ATTRIBUTES
(I
ON
IOWA)
16
——
BACKGROUND
AND
BILL.
The
bill
eliminates
the
provisions
17
naming
the
Code
chapter
(Code
section
466.1)
and
its
purpose
18
to
develop
a
comprehensive
water
quality
program
that
will
19
result
in
water
quality
improvements
while
reducing
proposed
20
regulatory
impacts
(Code
section
466.2).
The
bill
also
21
eliminates
the
clean
water
award
administered
by
DALS
and
DNR
22
(Code
section
466.3).
The
bill
revises
the
conservation
buffer
23
strip
program
administered
by
DALS
(Code
section
466.4).
The
24
bill
eliminates
a
provision
enacted
as
part
of
that
program
25
in
2000,
setting
a
five-year
goal
of
enrolling
an
additional
26
475,000
acres.
It
also
strikes
a
subsection
and
reenacts
it
27
as
a
new
stand-alone
Code
section
requiring
DNR
to
establish
28
a
prairie
seed
harvest
program
(Code
section
466.4A).
The
29
bill
revises
the
conservation
reserve
enhancement
program
30
established
to
restore
or
construct
wetlands,
administered
by
31
DALS
(Code
section
466.5).
It
eliminates
a
subsection
enacted
32
in
2000,
setting
a
five-year
goal
of
establishing
32,500
acres
33
of
wetlands.
The
bill
does
not
amend
a
provision
requiring
34
DNR
to
operate
water
quality
monitoring
stations
(Code
35
-31-
LSB
6306HV
(3)
90
da/ns
31/
37
H.F.
2614
section
466.6).
The
bill
amends
the
Code
section
enacting
1
the
water
quality
protection
program
(Code
section
466.7).
2
That
Code
section
includes
nine
subsections,
each
specifying
3
responsibilities
to
be
carried
by
DALS
or
DNR,
with
the
first
4
three
of
the
nine
subsections
administered
by
DALS
and
the
last
5
six
of
the
nine
subsections
administered
by
DNR.
Subsection
6
1
provides
for
multiobjective
resource
protections
for
flood
7
control,
water
quality,
erosion
control,
and
natural
resource
8
conservation,
which
is
not
revised.
Subsection
2
provides
9
for
a
statewide,
voluntary
farm
management
demonstration
10
program
which
is
eliminated.
Subsection
3
provides
financial
11
assistance
for
the
establishment
of
permanent
soil
and
water
12
conservation
practices,
which
is
also
eliminated.
The
next
13
three
of
the
nine
subsections,
administered
by
DNR,
relate
to
14
the
collection
or
analysis
of
data
for
use
in
determining
water
15
quality
on
a
watershed
level.
Subsection
4
provides
for
the
16
collection
and
use
of
geographic
information
system
data,
which
17
is
not
amended;
subsection
5
requires
DNR
to
support
local
18
volunteer
management
efforts;
and
subsection
6
requires
DNR
to
19
support
the
analysis
of
water
quality
monitoring
data.
The
20
provisions
in
each
of
these
three
subsections
are
eliminated
21
and
reenacted
as
subsections
in
a
new
Code
section
(Code
22
section
466.7A).
The
last
three
of
the
nine
subsections,
23
administered
by
DNR,
relate
to
the
same
powers
exercised
under
24
Code
chapter
455B,
subchapter
III,
regulating
water
quality.
25
Subsection
7
authorizes
DNR
to
enter
into
contracts
to
assist
26
its
staff
in
reviewing
national
pollutant
discharge
elimination
27
permit
system
(NPDES)
permits;
subsection
8
requires
DNR
to
28
expand
floodplain
education;
and
subsection
9
requires
DNR
to
29
develop
a
total
maximum
daily
load
(TMDL)
program.
All
three
30
of
these
final
subsections
are
eliminated.
The
bill
does
not
31
revise
the
on-site
wastewater
systems
assistance
program
(Code
32
section
466.8)
or
the
on-site
wastewater
systems
assistance
33
fund
(Code
section
466.9),
both
administered
by
DNR.
34
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
——
35
-32-
LSB
6306HV
(3)
90
da/ns
32/
37
H.F.
2614
BACKGROUND.
Code
chapter
466B
requires
DALS,
DNR,
and
ISU
1
to
administer
programs
providing
measures
to
preserve
and
2
improve
surface
water
and
prevent
or
mitigate
floods.
The
3
Code
chapter
is
divided
into
the
following
subchapters:
4
subchapter
I
providing
for
surface
water
protection
and
flood
5
mitigation,
first
enacted
in
2008
(2008
Iowa
Acts,
chapter
6
1034);
subchapter
II
providing
for
watershed
management
7
authorities,
first
enacted
in
2010
(2010
Iowa
Acts,
chapter
8
1116);
subchapter
III
providing
for
watershed
planning
9
activities,
also
first
enacted
in
that
same
Act;
and
subchapter
10
IV
providing
for
a
water
quality
initiative
and
water
quality
11
initiative
fund,
first
enacted
in
2013
(2013
Iowa
Acts,
chapter
12
132),
and
the
Iowa
nutrient
research
center
enacted
in
the
same
13
Act.
14
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(GENERAL)
15
——
BILL.
The
bill
does
not
amend
the
Code
chapter’s
short
16
title
(Code
section
466B.1).
It
amends
the
definitions
Code
17
section
by
eliminating
two
terms,
“council”
and
“political
18
subdivision”,
that
do
not
apply
to
the
entire
Code
chapter
19
(Code
section
466B.2)
and
reenacts
those
terms
in
their
20
relevant
subchapters.
The
definition
of
the
term
“council”
is
21
enacted
as
a
new
Code
section
in
the
subchapter
providing
for
22
surface
water
protection
and
the
flood
mitigation
(Code
section
23
466B.2A)
and
the
definition
of
the
term
“political
subdivision”
24
is
enacted
in
the
subchapter
providing
for
watershed
management
25
authorities
(Code
section
466B.21).
26
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(WATER
27
RESOURCES
COORDINATING
COUNCIL)
——
BILL.
The
bill
revises
28
the
purposes
of
the
water
resources
coordinating
council
by
29
eliminating
a
provision
that
refers
to
using
an
integrated
30
approach
of
water
resource
management
(Code
section
466B.3).
31
The
bill
strikes
three
subsections
and
reenacts
them
as
32
new
Code
sections,
including
subsections
4
and
5
providing
33
for
the
council’s
membership,
meetings,
and
quorums
(Code
34
section
466B.3A)
and
subsection
6
providing
for
the
council’s
35
-33-
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6306HV
(3)
90
da/ns
33/
37
H.F.
2614
powers
and
duties
(Code
section
466B.3B).
The
bill
amends
a
1
provision
authorizing
DALS
and
DNR
to
adopt
rules
necessary
2
to
administer
the
Code
chapter,
including
by
eliminating
3
provisions
that
refer
to
repealed
Code
sections
(Code
section
4
466B.9).
Those
repealed
Code
sections
include
legislative
5
findings
and
a
marketing
campaign
(Code
section
466B.4),
the
6
creation
of
a
regional
watershed
assessment,
planning,
and
7
prioritization,
administered
by
DNR
(Code
section
466B.5),
the
8
creation
of
community-based
subwatershed
improvement
plans
9
administered
by
DNR
(Code
section
466B.6),
community-based
10
subwatershed
monitoring
administered
by
DNR
(Code
section
11
466B.7),
a
wastewater
and
storm
water
infrastructure
assessment
12
administered
by
DNR
(Code
section
466B.8),
efforts
to
form
a
13
chapter
of
the
association
of
floodplain
managers
administered
14
by
the
council
(Code
section
466B.10),
and
education
provided
15
to
the
general
public
regarding
floodplains
(Code
section
16
466B.11).
17
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(WATERSHED
18
MANAGEMENT
AUTHORITIES)
——
BACKGROUND.
Two
or
more
political
19
subdivisions
may
enter
into
a
Code
chapter
28E
agreement
to
20
participate
in
joint
projects
to
improve
watershed
quality
21
by
forming
an
entity
referred
to
as
a
watershed
management
22
authority
(authority).
The
relevant
provisions
include
23
definitions
(Code
section
466B.21),
procedures
to
create
an
24
authority
(Code
section
466B.22),
the
duties
of
an
authority
25
(Code
section
466B.23),
the
authority’s
board
of
directors
26
(Code
section
466B.24),
and
the
authority’s
ability
to
27
coordinate
its
activities
with
DNR.
28
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(WATERSHED
29
MANAGEMENT
AUTHORITIES)
——
BILL.
The
bill
changes
the
30
name
of
a
watershed
management
authority
to
a
watershed
31
management
partnership
(partnership).
The
bill
provides
that
32
a
partnership
may
identify,
plan
for,
and
assess
options
33
to
reduce
the
risk
of
flood
in
the
watershed
(Code
section
34
466B.23).
It
also
eliminates
provisions
in
that
Code
section
35
-34-
LSB
6306HV
(3)
90
da/ns
34/
37
H.F.
2614
authorizing
a
partnership
to
assess
water
quality,
and
engage
1
in
education
efforts
regarding
water
quality.
The
bill
2
authorizes
a
partnership
to
coordinate
its
efforts
with
DALS,
3
DNR,
councils
of
governments,
a
public
drinking
water
utility,
4
and
a
soil
and
water
conservation
district.
The
bill
prohibits
5
a
partnership
from
allocating
moneys
for
water
quality,
unless
6
the
moneys
are
expended
consistent
with
the
Iowa
nutrient
7
reduction
strategy
(see
Code
section
455B.171)
or
DNR’s
Iowa
8
storm
water
management
manual.
The
name
of
the
governing
9
body
is
changed
from
a
board
of
directors
to
a
joint
board
10
in
conformance
with
chapter
28E
agreement
requirements
(Code
11
section
28E.6).
The
bill
eliminates
requirements
establishing
12
a
number
of
board
members
and
their
terms,
cause
for
their
13
removals,
the
designation
of
officers,
and
quorum
requirements.
14
The
bill
includes
a
temporary
provision
carrying
over
the
terms
15
of
the
board
of
directors
and
continuing
actions
taken
by
the
16
board
of
directors.
The
bill
eliminates
the
provision
which
17
expressly
allows
a
partnership
to
coordinate
its
activities
18
with
DNR
(Code
section
466B.25).
19
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(WATERSHED
20
PLANNING
ADVISORY
COUNCIL)
——
BACKGROUND
AND
BILL.
The
21
watershed
planning
advisory
council
represents
diverse
22
stakeholders
for
purposes
of
reviewing
research
and
making
23
recommendations
to
various
state
entities
regarding
methods
24
to
protect
water
resources
in
the
state,
assure
an
adequate
25
supply
of
water,
mitigate
and
prevent
floods,
and
coordinate
26
the
management
of
those
resources
in
a
sustainable,
fiscally
27
responsible,
and
environmentally
responsible
manner
(Code
28
section
466B.31).
The
bill
eliminates
the
council.
29
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(WATER
30
QUALITY
INITIATIVE)
——
BACKGROUND
AND
BILL.
The
water
quality
31
initiative
is
established
in
order
to
assess
and
reduce
32
nutrients
in
this
state’s
watersheds,
including
subwatersheds
33
and
regional
watersheds,
and
to
implement
programs
to
reduce
34
nutrients
in
surface
waters
from
nonpoint
sources
in
a
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scientific,
reasonable,
and
cost-effective
manner
(Code
section
1
466B.42).
The
initiative
is
administered
by
DALS
acting
2
through
the
division.
Information
received
by
these
entities
3
that
identifies
participating
landowners
is
confidential
4
(Code
section
466B.49).
The
division
administers
two
water
5
quality
agriculture
infrastructure
programs,
including
6
an
edge-of-field
infrastructure
program
and
an
in-field
7
infrastructure
program
(Code
section
466B.43).
The
purpose
of
8
the
programs
is
to
support
projects
that
reduce
contributing
9
nutrient
loads,
associated
sediment,
or
contaminants
to
surface
10
waters
consistent
with
the
Iowa
nutrient
reduction
strategy.
11
The
division
also
administers
an
urban
infrastructure
12
program
to
support
watershed
projects
that
decrease
erosion,
13
precipitation-induced
surface
runoff,
and
storm
water
14
discharges
and
that
increase
water
infiltration
rates
based
15
on
DNR’s
Iowa’s
storm
water
management
manual
(Code
section
16
466B.44).
Moneys
deposited
into
the
water
quality
initiative
17
fund
(Code
section
466B.45)
are
used
to
support
the
initiative.
18
The
bill
eliminates
the
term
“fund”
from
the
Code
section
19
defining
terms
in
the
subchapter
since
the
subchapter
includes
20
two
funds
(Code
section
466B.41).
The
bill
does
not
revise
21
the
remaining
Code
sections
other
than
to
provide
coordinating
22
amendments
due
to
their
transfer
to
Code
chapter
467.
23
SURFACE
WATER
PROTECTION
AND
FLOOD
MITIGATION
ACT
(NUTRIENT
24
RESEARCH)
——
BACKGROUND
AND
BILL.
The
Iowa
nutrient
research
25
center
is
established
as
part
of
ISU
to
pursue
a
science-based
26
approach
to
nutrient
management
research
that
provides
27
recommendations
for
the
development
and
implementation
of
28
nutrient
management
practices
(Code
section
466.47).
An
Iowa
29
nutrient
research
center
advisory
council
recommends
possible
30
research
issues
for
the
center
(Code
section
466B.48).
Moneys
31
deposited
into
the
Iowa
nutrient
research
fund
are
used
to
32
support
the
initiative
(Code
section
466B.46).
The
bill
does
33
not
revise
the
remaining
Code
sections
other
than
to
provide
34
coordinating
amendments
due
to
their
transfer
to
Code
chapter
35
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467.
1
TRANSFERS.
The
bill
provides
that
the
amended
or
enacted
2
Code
sections
in
Code
chapters
466
and
466B
are
to
be
3
transferred
to
new
Code
chapter
467
which
is
to
be
divided
into
4
five
subchapters.
The
bill
also
makes
a
number
of
conforming
5
changes
by
amending
provisions
which
refer
to
repealed
Code
6
sections
discussed
above.
Many
of
the
conforming
changes
7
amend
Code
sections
that
provide
sources
of
moneys
used
to
8
support
water
quality
initiative
programs
and
the
Iowa
nutrient
9
research
center
without
making
substantive
changes.
Sources
10
of
moneys
used
to
support
initiative
programs
include
the
11
groundwater
protection
fund
(Code
section
455E.11)
and
the
12
water
quality
infrastructure
fund
(Code
section
8.57B)
that
13
includes
moneys
from
the
rebuild
Iowa
infrastructure
fund
14
(Code
section
8.57)
and
the
water
quality
financial
assistance
15
fund
(Code
section
16.134A)
financed
from
moneys
generated
16
from
water
service
tax
revenues
(Code
section
423G.6);
and
any
17
future
moneys
from
the
soil
conservation
and
water
protection
18
account
(Code
section
461.33)
of
the
natural
resources
and
19
outdoor
recreation
trust
fund
(Code
section
461.31).
Amended
20
Code
sections
that
provide
sources
of
moneys
used
to
support
21
the
center
include
the
groundwater
protection
fund
and
the
22
moneys
collected
from
persons
assessed
civil
penalties
for
23
violating
animal
feeding
operation
statutes
and
rules
(Code
24
sections
459.602,
459.603,
459.604,
459A.502,
and
459B.402).
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