Bill Text: IA HF406 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to requiring water quality plans for persons receiving financial assistance for establishing soil and water conservation plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-18 - Introduced, referred to Environmental Protection. H.J. 302. [HF406 Detail]
Download: Iowa-2019-HF406-Introduced.html
House
File
406
-
Introduced
HOUSE
FILE
406
BY
STAED
A
BILL
FOR
An
Act
relating
to
requiring
water
quality
plans
for
persons
1
receiving
financial
assistance
for
establishing
soil
and
2
water
conservation
plans.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
161A.42,
subsection
3,
Code
2019,
is
1
amended
to
read
as
follows:
2
3.
“Cost-share”
or
“cost-sharing”
means
a
contribution
of
3
money
made
by
the
state
in
order
to
pay
a
percentage
of
the
4
costs
related
to
the
establishment
of
voluntary
or
mandatory
5
practices
as
provided
under
this
chapter
,
including
but
not
6
limited
to
soil
and
water
conservation
practices
,
and
erosion
7
control
practices
,
or
water
quality
practices
.
8
Sec.
2.
Section
161A.42,
Code
2019,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
6A.
“Farming
practice”
includes
but
is
11
not
limited
to
a
decision
regarding
crop
production,
including
12
crop
types
and
varieties
to
plant,
cultivation
and
harvesting
13
methods,
and
the
application
of
materials
including
manure
and
14
commercial
fertilizers,
tillage,
and
crop
rotation
systems.
15
NEW
SUBSECTION
.
7A.
“Major
water
source”
means
the
same
as
16
defined
in
section
459.102.
17
NEW
SUBSECTION
.
12.
“Water
quality
plan”
means
an
18
instrument
that
requires
a
party
to
comply
with
water
quality
19
practices
or
farming
practices
as
a
condition
to
receiving
20
financial
assistance
as
provided
in
section
161A.77.
21
NEW
SUBSECTION
.
13.
a.
“Water
quality
practice”
means
22
a
land
use
change
or
the
establishment
and
maintenance
of
a
23
measure
that
limits
sediment
or
nutrients
from
being
conveyed
24
by
surface
water
runoff
or
leaching.
25
b.
“Water
quality
practice”
includes
the
establishment
of
26
any
of
the
following:
27
(1)
A
terrace.
28
(2)
A
cover
crop
that
is
used
as
part
of
crop
rotation
29
cycle.
30
(3)
A
bioreactor
installed
as
part
of
or
connected
to
a
31
field
drainage
system.
32
(4)
A
wetland
established
as
part
of
or
connected
to
a
crop
33
field.
34
(5)
A
saturated
buffer.
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(6)
Cropland
integrated
with
a
prairie
grass
strip.
1
(7)
A
riparian
buffer
strip.
2
(8)
A
grassed
waterway.
3
(9)
An
area
maintained
in
permanent
vegetation
cover,
4
including
perennial
vegetation
cover
consisting
of
grasses
or
5
legumes,
including
but
not
limited
to
grasslands
or
forages.
6
(10)
A
wetland
area
if
the
area
is
mostly
underwater
or
7
waterlogged
during
the
growing
season
and
is
characterized
by
8
vegetation
of
hydric
soils.
9
(11)
Any
other
measure
recognized
by
the
division
that
10
manages
nutrients
and
reduces
contributing
contaminant
loads
to
11
receiving
surface
waters,
including
by
detaining
sediment-laden
12
water,
reducing
the
volume
or
velocity
of
precipitation-induced
13
surface
water,
filtering
sediment-laden
water,
or
reducing
14
nutrient
loss
through
tile
drainage
systems.
15
NEW
SUBSECTION
.
14.
“Water
source”
means
the
same
as
16
defined
in
section
459.102.
17
Sec.
3.
NEW
SECTION
.
161A.77
Financing
conditional
upon
18
maintaining
a
water
quality
plan.
19
1.
In
order
to
receive
financing
under
this
chapter,
the
20
owner
of
agricultural
land,
or
an
operator
managing
the
farming
21
activities
occurring
on
the
agricultural
land
shall
execute
a
22
water
quality
plan.
The
commissioners
shall
assist
the
owner
23
or
operator
in
developing
the
plan.
The
person
executing
the
24
plan
shall
file
the
plan
with
the
commissioners
subject
to
25
their
approval.
A
copy
of
the
plan
shall
be
delivered
to
the
26
division.
An
updated
plan
must
be
filed
and
approved
each
27
three
years
in
the
same
manner
as
the
original
plan.
28
2.
a.
A
person
is
not
required
to
file
a
water
quality
plan
29
until
December
31,
2021.
30
b.
This
subsection
is
repealed
on
January
1,
2022.
31
3.
The
water
quality
plan
shall
apply
to
the
same
farm
unit
32
as
an
applicable
farm
unit
conservation
plan
or
conservation
33
agreement.
The
plan
may
be
made
part
of
the
farm
unit
34
conservation
plan
or
soil
conservation
agreement.
However,
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a
plan
may
cover
one
or
more
farm
units
as
specified
in
the
1
plan
so
long
as
all
farm
units
are
located
as
part
of
the
2
same
district.
The
plan
shall
identify
those
water
quality
3
practices
or
farming
practices
that
manage
nutrients
and
4
reduces
contributing
contaminant
loads
to
receiving
surface
5
waters
as
required
under
this
section.
6
4.
The
water
quality
plan
shall
be
completed
on
forms
7
prepared
by
the
division
in
consultation
with
the
Iowa
nutrient
8
research
center
established
pursuant
to
section
466B.47.
9
The
plan
shall
be
based
on
an
analysis
of
the
nutrient
loss
10
potential
of
a
farm’s
farming
practices
and
water
quality
11
practices
by
the
water
quality
model
established
by
the
Iowa
12
nutrient
research
center
pursuant
to
section
466B.52.
The
plan
13
must
provide
that
the
farm
unit’s
nutrient
load
contribution
to
14
surface
water
sources
shall
not
exceed
its
assigned
tolerance
15
values
for
nitrogen
or
phosphorus.
The
plan
shall
account
for
16
all
of
the
following:
17
a.
The
location
of
each
field
and
its
size
in
acres.
18
b.
The
proximity
of
the
field
to
a
water
source,
including
19
any
major
water
source.
20
c.
The
amount
and
timing
of
nutrients
or
commercial
21
fertilizers
applied
to
each
field.
22
d.
Whether
the
application
occurs
on
snow-covered
ground
or
23
frozen
ground.
24
e.
If
the
farm
unit
includes
an
animal
feeding
operation,
25
whether
the
animal
feeding
operation
is
a
confinement
feeding
26
operation
as
defined
in
section
459.102
or
an
open
feedlot
27
operation
as
defined
in
section
459A.102.
For
each
animal
28
feeding
operation,
the
plan
shall
state
the
type
of
animals
29
confined,
and
the
animal
unit
capacity
of
the
operation.
30
f.
The
maintenance
of
any
water
quality
practice,
soil
and
31
water
conservation
practice,
or
erosion
control
practice.
32
g.
The
types
of
farming
practices
utilized.
33
h.
Whether
the
agricultural
land
has
been
subject
to
soil
34
erosion
in
excess
of
the
applicable
soil
loss
limits.
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i.
The
predicted
loads
of
nitrogen
and
phosphorus
1
respectively
contributed
to
a
surface
water
source,
including
2
a
major
water
source,
and
the
extent
that
such
loads
are
less
3
than
the
tolerance
values
assigned
to
that
farm
unit.
4
j.
The
results
of
a
test
conducted
according
to
a
schedule
5
adopted
in
the
plan
that
indicates
the
average
loads
of
6
nitrogen
and
phosphorus
respectively
being
contributed
to
a
7
surface
water
source,
including
a
major
water
source.
The
test
8
shall
be
conducted
by
the
division,
the
commissioners,
or
a
9
person
approved
by
the
division
or
the
commissioners.
10
5.
The
commissioners
shall
ensure
that
a
person
receiving
11
financial
assistance
under
this
chapter
is
complying
with
the
12
terms
and
conditions
of
the
water
quality
plan.
13
6.
The
commissioners
shall
inspect
or
cause
to
be
inspected
14
agricultural
land
covered
by
a
water
quality
plan,
if
15
reasonable
grounds
exist
to
believe
that
a
failure
to
comply
16
with
the
plan
is
occurring.
If
the
commissioners
determine
17
a
failure
is
occurring,
a
notice
of
that
finding
shall
be
18
delivered
to
the
person
who
filed
the
plan,
to
the
landowner
or
19
landowners
of
record,
and
to
each
occupant
of
the
agricultural
20
land
if
known
to
the
commissioners.
The
notice
shall
describe
21
the
agricultural
land
affected
and
shall
describe
the
failure.
22
The
notice
shall
also
describe
the
corrective
action
required
23
and
the
time
limit
for
commencing
and
accomplishing
such
24
action.
25
7.
If
corrective
action
has
not
been
commenced
or
26
accomplished
as
described
in
the
notice,
the
commissioners
27
shall
issue
an
administrative
order
to
the
person
who
filed
the
28
water
quality
plan.
The
administrative
order
shall
address
the
29
same
subjects
provided
in
the
notice.
However,
the
corrective
30
action
must
be
commenced
not
more
than
six
months
after
the
31
date
the
order
is
issued
and
must
be
completed
not
more
than
32
one
year
after
that
date.
33
8.
The
commissioners
shall
petition
the
district
court
34
to
issue
an
order
requiring
immediate
compliance
with
an
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administrative
order
if
the
commissioners
have
determined
any
1
of
the
following:
2
a.
The
corrective
action
has
not
been
commenced
or
completed
3
by
the
date
specified
in
the
administrative
order.
4
b.
The
corrective
action
has
been
commenced
but
is
not
5
being
performed
with
due
diligence
or
in
a
manner
that
will
6
reasonably
result
in
compliance
with
the
water
quality
plan.
7
Sec.
4.
Section
466B.41,
Code
2019,
is
amended
to
read
as
8
follows:
9
466B.41
Definitions.
10
As
used
in
this
subchapter,
unless
the
context
otherwise
11
requires:
12
1.
“Center”
means
the
Iowa
nutrient
research
center
13
established
pursuant
to
section
466B.47
.
14
2.
“Committee”
means
the
state
soil
conservation
and
water
15
quality
committee
established
in
section
161A.4.
16
2.
3.
“Council”
means
the
Iowa
nutrient
research
center
17
advisory
council
established
pursuant
to
section
466B.48
.
18
3.
4.
“Division”
means
the
division
of
soil
conservation
19
and
water
quality
created
within
the
department
of
agriculture
20
and
land
stewardship
pursuant
to
section
159.5
.
21
5.
“Farming
practice”
means
the
same
as
defined
in
section
22
161A.42.
23
4.
6.
“Fund”
means
the
water
quality
initiative
fund
24
created
in
section
466B.45
.
25
7.
“Iowa
nutrient
reduction
strategy”
means
the
same
as
26
defined
in
section
455B.171.
27
8.
“Model”
means
the
crop
field
water
quality
model
as
28
provided
in
section
466B.52.
29
5.
9.
“Nutrient”
includes
nitrogen
and
phosphorus.
30
10.
“Water
quality
plan”
or
“plan”
means
the
same
as
defined
31
in
section
161A.42.
32
11.
“Water
quality
practice”
means
the
same
as
defined
in
33
section
161A.42.
34
Sec.
5.
NEW
SECTION
.
466B.51
Policy.
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It
is
the
policy
of
this
state
that
Iowa
must
reduce
1
its
contribution
of
nutrient
loading
to
the
Gulf
of
Mexico
2
contributed
from
nonpoint
sources
occurring
on
agricultural
3
land
by
the
following
percentages:
4
1.
For
nitrogen,
forty-one
percent.
5
2.
For
phosphorus,
twenty-nine
percent.
6
Sec.
6.
NEW
SECTION
.
466B.52
Iowa
nutrient
research
center
7
——
crop
field
water
quality
model.
8
1.
Not
later
than
July
1,
2020,
the
center
shall
establish
9
a
crop
field
water
quality
model
based
on
the
policy
objective
10
described
in
section
466.51.
The
center
shall
establish
the
11
model
in
cooperation
with
other
entities,
including
all
of
the
12
following:
13
a.
Iowa
state
university
of
science
and
technology.
14
b.
The
department.
15
c.
The
division.
16
d.
The
state
soil
conservation
and
water
quality
committee.
17
2.
The
model
shall
be
based
on
findings
and
recommendations
18
contained
in
the
Iowa
nutrient
reduction
strategy,
and
on
other
19
pertinent
research
data.
20
3.
The
model
shall
be
used
to
predict
contaminant
loads
to
21
receiving
surface
waters
caused
by
farming
practices
and
the
22
application
of
nutrients
on
agricultural
land.
23
4.
The
model
shall
take
into
account
all
of
the
following:
24
a.
Water
quality
practices
and
farming
practices.
The
25
model
shall
allow
sufficient
flexibility
to
allow
a
person
26
required
to
file
a
water
quality
plan
to
select
those
farming
27
practices
and
water
quality
practices
that
are
compatible
with
28
the
person’s
business
operations
consistent
with
the
policy
29
described
in
section
466B.51.
30
b.
Special
characteristics
associated
with
various
types
31
of
agricultural
land,
including
field
slopes,
soil
types,
32
the
presence
of
highly
erodible
land,
the
presence
of
tile
33
drainage
systems,
and
proximity
of
water
sources,
including
34
any
major
water
source
as
defined
in
section
459.102.
The
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model
shall
also
take
into
account
the
effects
of
the
special
1
characteristics
on
the
predicted
loadings
of
nitrogen
and
2
phosphorus
using
farming
practices
described
in
the
plan.
3
c.
Tolerance
values
for
nitrogen
and
phosphorus
loads
from
4
farm
fields
based
on
the
goals
of
the
center
normalized
to
a
5
crop
field
level
basis.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
requires
a
water
quality
plan
to
be
executed
by
10
a
person
as
a
condition
to
receiving
financial
assistance
for
11
establishing
a
soil
and
water
conservation
practice.
The
plan
12
would
cover
water
quality
practices
such
as
land
use
changes
13
or
the
establishment
and
maintenance
of
a
measure
that
limits
14
sediment
or
nutrients
from
being
conveyed
by
surface
water
15
runoff
or
leaching.
It
would
also
cover
farming
practices
16
regarding
crop
production,
including
those
associated
with
17
tillage.
A
water
quality
plan
must
be
executed
by
the
owner
18
of
agricultural
land
or
an
operator
managing
the
farming
19
activities
occurring
on
the
agricultural
land.
The
plan
is
20
to
develop
in
cooperation
with
the
commissioners
of
the
soil
21
and
water
conservation
district
where
the
agricultural
land
is
22
located.
However,
a
plan
is
not
required
to
be
filed
until
23
December
31,
2021.
The
plan
must
be
based
on
a
crop
field
water
24
quality
model
required
to
be
developed
by
the
Iowa
nutrient
25
research
center
with
the
objective
that
the
contribution
of
26
nonpoint
sources
of
nutrients
occurring
on
agricultural
land
27
must
be
reduced
by
41
percent
for
nitrogen
and
29
percent
for
28
phosphorus.
The
commissioners
must
conduct
inspections
to
29
ensure
compliance
with
the
plan
and
take
administrative
or
30
judicial
action
to
enforce
its
provisions.
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-7-
LSB
2550YH
(1)
88
da/rn
7/
7