Bill Text: IA HF2692 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for a surface water protection user fee assessed and imposed on the sale of nitrogen-based fertilizer and making appropriations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-12 - Introduced, referred to Ways and Means. H.J. 780. [HF2692 Detail]
Download: Iowa-2023-HF2692-Introduced.html
House
File
2692
-
Introduced
HOUSE
FILE
2692
BY
ISENHART
A
BILL
FOR
An
Act
providing
for
a
surface
water
protection
user
fee
1
assessed
and
imposed
on
the
sale
of
nitrogen-based
2
fertilizer
and
making
appropriations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2692
Section
1.
LEGISLATIVE
DECLARATION.
The
general
assembly
1
finds
and
declares
all
of
the
following:
2
1.
The
Iowa
nutrient
reduction
strategy
represents
a
water
3
quality
initiative
developed
and
updated
in
order
to
assess
4
and
reduce
nutrients
in
this
state’s
watersheds
based
on
5
the
science-based
determination
that
ninety-five
percent
of
6
nitrogen
and
phosphorus
pollution
stems
from
nonpoint
sources,
7
a
majority
of
which
originates
from
agricultural
field
runoff
8
of
nitrogen
fertilizers.
9
2.
Waters
of
the
state
are
being
used
to
collect
and
10
transport
contamination
throughout
Iowa,
damaging
lakes
and
11
streams
and
infiltrating
groundwater
aquifers,
putting
drinking
12
water
sources
and
public
health
at
risk.
13
3.
Since
the
publication
of
the
Iowa
nutrient
reduction
14
strategy
in
2013,
significant
public
resources
have
been
15
expended
to
support
demonstration
projects
in
attempts
to
show
16
how
the
volume
of
nutrients
reaching
waters
of
the
state
can
17
be
reduced.
18
4.
Users
depending
on
the
state’s
hydrological
systems
to
19
dispose
of
pollutants
should
be
assessed
user
fees
to
protect,
20
maintain,
and
restore
water
resources
most
important
to
human
21
and
ecosystem
health,
with
such
funds
dedicated
to
making
22
watershed-scale
investments
to
prevent
further
degradation
of
23
the
state’s
natural
wealth.
24
Sec.
2.
Section
200.8,
Code
2024,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
5.
In
addition
to
the
fees
imposed
under
27
subsections
1
and
4,
a
surface
water
protection
user
fee
28
shall
be
assessed
and
imposed
upon
nitrogen-based
fertilizer.
29
The
user
fee
shall
be
based
upon
the
percentage
of
actual
30
nitrogen
contained
in
the
product.
An
eighty-two
percent
31
nitrogen
solution
shall
be
subject
to
a
rate
of
eight
dollars
32
and
seventy
cents
per
ton.
The
user
fee
amount
for
other
33
nitrogen-based
product
formulations
shall
be
based
on
the
34
percentage
of
actual
nitrogen
contained
in
the
formulations
35
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with
the
eighty-two
percent
nitrogen
solution
serving
as
the
1
base.
The
user
fee
shall
be
paid
by
each
licensee
registering
2
to
sell
fertilizer
to
the
secretary
of
agriculture.
The
3
user
fees
collected
shall
be
deposited
in
the
water
quality
4
initiative
fund
created
in
section
466B.45.
The
secretary
5
of
agriculture
shall
adopt
rules
for
the
payment,
filing,
6
and
collection
of
the
user
fees.
The
secretary
shall,
by
7
rule,
allow
an
exemption
to
the
payment
of
the
user
fee
for
8
fertilizers
which
contain
trace
amounts
of
nitrogen.
9
Sec.
3.
Section
466B.45,
subsection
3,
Code
2024,
is
amended
10
to
read
as
follows:
11
3.
a.
Moneys
Except
as
provided
in
paragraph
“b”
,
moneys
12
in
the
fund
are
appropriated
to
the
division
and
shall
be
used
13
exclusively
to
carry
out
the
provisions
of
this
subchapter
14
as
determined
by
the
division,
and
shall
not
require
further
15
special
authorization
by
the
general
assembly.
16
b.
(1)
Moneys
contributed
to
the
fund
from
surface
water
17
protection
user
fees
collected
pursuant
to
section
200.8
are
18
appropriated
to
the
division
and
shall
be
expended
according
to
19
the
following
allocation
schedule:
20
(a)
At
least
ten
percent
shall
be
allocated
to
the
IIHR
——
21
hydroscience
and
engineering
within
the
college
of
engineering
22
of
the
state
university
of
Iowa
for
water
quality
monitoring,
23
measuring,
and
reporting
in
priority
watersheds
or
in
support
24
of
projects
conducted
or
approved
by
a
watershed
management
25
authority
benefiting
that
watershed.
26
(b)
At
least
twenty-five
percent
shall
be
allocated
27
to
support
projects
conducted
or
approved
by
a
watershed
28
management
authority
in
the
benefited
watershed.
29
(c)
Any
remaining
moneys
shall
be
expended
as
provided
in
30
paragraph
“a”
.
31
(2)
All
moneys
contributed
to
the
fund
from
surface
water
32
protection
fees
shall
be
expended
to
support
a
project
in
a
33
manner
consistent
with
the
source
water
protection
plans
of
34
public
and
private
water
utilities
in
the
benefited
watershed.
35
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
includes
a
provision
finding
and
declaring
that
4
waters
of
the
state
are
being
used
to
collect
and
transport
5
contamination
throughout
Iowa,
damaging
lakes
and
streams
and
6
infiltrating
groundwater
aquifers.
The
bill
imposes
a
surface
7
water
protection
user
fee
on
the
sale
of
fertilizer
based
on
8
the
percentage
of
nitrogen
contained
in
the
fertilizer.
An
9
82
percent
solution
is
assessed
a
rate
of
$.70
per
ton
(Code
10
section
200.8).
The
bill
requires
that
the
collected
user
fees
11
be
deposited
in
the
water
quality
initiative
fund
administered
12
by
the
division
of
soil
conservation
and
water
quality
of
13
the
department
of
agriculture
and
land
stewardship
(Code
14
section
466B.45).
The
bill
provides
for
the
expenditure
of
15
moneys
collected
from
user
fees
to
support
clean
water
efforts
16
administered
by
the
division.
A
portion
of
the
user
fees
are
17
allocated
to
support
the
IIHR
——
hydroscience
and
engineering
18
within
the
college
of
engineering
of
the
state
university
19
of
Iowa
and
to
support
projects
conducted
or
approved
by
a
20
watershed
management
authority
in
a
benefited
watershed.
21
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