Bill Text: IA HF416 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to water quality and soil conservation efforts, including election requirements and powers and duties of commissioners of soil and water conservation districts, and related powers and duties of county boards of supervisors, county treasurers, the state soil conservation committee, the department of agriculture and land stewardship’s division of soil and water conservation, and the attorney general.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-02-23 - Introduced, referred to Agriculture. H.J. 457. [HF416 Detail]
Download: Iowa-2017-HF416-Introduced.html
House File 416 - Introduced HOUSE FILE BY ISENHART A BILL FOR 1 An Act relating to water quality and soil conservation efforts, 2 including election requirements and powers and duties of 3 commissioners of soil and water conservation districts, and 4 related powers and duties of county boards of supervisors, 5 county treasurers, the state soil conservation committee, 6 the department of agriculture and land stewardship's 7 division of soil and water conservation, and the attorney 8 general. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1359YH (7) 87 sr/sc PAG LIN 1 1 DIVISION I 1 2 ELECTIONS 1 3 Section 1. Section 161A.5, subsection 2, Code 2017, is 1 4 amended to read as follows: 1 5 2. The governing body of each district shall consist of 1 6 five commissioners elected at large on a nonpartisan basis 1 7 for staggered four=year terms commencing on the first day 1 8 of January that is not a Sunday or holiday following their 1 9 election. Any eligible elector residing in the district is 1 10 eligible to the office of commissioner, except that no more 1 11 than one commissioner shall at any one time be a resident 1 12 of any one township.A vacancy is created in the office of 1 13 any commissioner who changes residence into a township where 1 14 another commissioner then resides.If a commissioner is absent 1 15 for sixty or more percent of monthly meetings during any 1 16 twelve=month period, the other commissioners by their unanimous 1 17 vote may declare the member's office vacant. A vacancy in 1 18 the office of commissioner shall be filled by appointment 1 19 of thestate soil conservation committeeremaining district 1 20 commissioners until the next succeeding general election,. 1 21 The new appointee shall not serve out any unexpired time of 1 22 term beyond the next succeeding general election, at which 1 23 time the balance of the unexpired term shall be filled as 1 24 provided by section 69.12. Appointees to unexpired terms may 1 25 choose to stand for election at the next succeeding general 1 26 election. The state soil conservation committee shall not 1 27 name or otherwise have authority to approve of commissioner 1 28 appointments to fill unexpired terms. 1 29 Sec. 2. Section 161A.5, subsection 3, paragraph e, Code 1 30 2017, is amended by striking the paragraph. 1 31 DIVISION II 1 32 SOIL LOSS LIMITS 1 33 Sec. 3. Section 161A.44, unnumbered paragraph 1, Code 2017, 1 34 is amended to read as follows: 1 35 The commissioners of each soil and water conservation 2 1 district shall, with approval of and within time limits set by 2 2 administrative order of the state soil conservation committee,2 3 adopt any reasonableregulations as areregulation deemed 2 4 necessary to establish a soil loss limitor limitsfor the 2 5 district,andprovide for the implementation of the soil loss 2 6 limitor limits, and may subsequently amend or repealtheir 2 7 regulationsa regulation as they deem necessary. However, a 2 8 soil loss limit shall not exceed five tons per acre occurring 2 9 within any twelve=month period. The committee shall review 2 10 the soil loss limit regulations adopted by thesoil and water 2 11 conservation districtscommissioners at least once every five 2 12 years, and shall recommend changes in the regulationsof a 2 13 soil and water conservation districtwhich the committee deems 2 14 necessary to assure that the district's soil loss limits are 2 15 reasonable and attainable. The adoption, amendment, or repeal 2 16 of a regulation shall not take effect until after a public 2 17 hearing on the matter is conducted pursuant to section 161A.45. 2 18 The commissioners may do any of the following: 2 19 Sec. 4. Section 161A.45, Code 2017, is amended to read as 2 20 follows: 2 21 161A.45 Submission of regulations to committee == hearing. 2 22 1.RegulationsA regulation, other than a regulation 2 23 establishing soil loss limits, which the commissioners propose 2 24 to adopt, amend, or repeal shall be submitted to the committee, 2 25 in a form prescribed by the committee, foritsthe committee's 2 26 approval. The committee may approvethe regulationsany 2 27 regulation as submitted, or withamendmentsany related 2 28 amendment asitthe committee deems necessary. 2 29 2. The commissioners shall, and after committee approval 2 30 if necessary, publish notice of a hearing ontheany proposed 2 31regulations, as approved,regulation under section 161A.44 in 2 32 a newspaper of general circulation in the district, setting a 2 33 date and time not less than ten nor more than thirty days after 2 34 the publication when a hearing on the proposedregulations 2 35regulation will be held at a specified place. The notice shall 3 1 include the full text of the proposedregulationsregulation 3 2 or shall state that the proposedregulations areregulation is 3 3 on file and available for review at the office of the affected 3 4soil and water conservationdistrict. 3 5 Sec. 5. Section 161A.46, Code 2017, is amended to read as 3 6 follows: 3 7 161A.46 Conduct of hearing. 3 8 At the hearing, the commissioners or their designees shall 3 9 explain, in reasonable detail, the reasons why the adoption, 3 10 amendment, or repeal ofthe regulationsa regulation is 3 11 deemed necessary or advisable. Any landowner, or any occupant 3 12 of land who would be affected by theregulationsproposed 3 13 regulation, shall be afforded an opportunity to be heard 3 14 for or against the proposedregulationsregulation. At the 3 15 conclusion of the hearing, the commissioners shall announce 3 16 and enter of record their decision whether to adopt or modify 3 17 the proposedregulationsregulation. Any modification, other 3 18 than establishing soil loss limits, must be approved by the 3 19 committee, which may at its discretion order the commissioners 3 20 to republish theregulationsregulation and hold another 3 21 hearing in the manner prescribed by this chapter. 3 22 Sec. 6. Section 161A.47, Code 2017, is amended to read as 3 23 follows: 3 24 161A.47 Inspection of land on complaint ==== administrative 3 25 order. 3 26 1. a. The commissioners shall inspect or cause to be 3 27 inspected any land located within the district todetermine 3 28find ifland is being damaged by sediment, fromthere exists 3 29 credible evidence of significant soil loss caused by erosion 3 30 occurring onneighboringthat landin excess of the limits 3 31 established by the district's soil erosion control regulations 3 32or neighboring land.If the land is privately owned, theThe 3 33 commissioners shall make or cause to be made the inspection, 3 34 upon receiving aunder any of the following circumstances: 3 35 (1) Receipt of a written complaint signed by an owner, 4 1 lessee, or occupant of land claiming that the owner'sor, 4 2 lessee's, or occupant's land is being damaged bysediment 4 3erosion occurring on neighboring land.If the land is subject 4 4 to a public interest, the commissioners shall make or cause to 4 5 be made the inspection upon a4 6 (2) Receipt of a written complaint by any person, if the 4 7 complaint contains allegations or information that would cause 4 8 a reasonable person to conclude that significant soil loss 4 9 caused by erosion has occurred. 4 10 (3) A majority vote of commissioners at an open meeting held 4 11 pursuant to chapter 21.Land is subject to a public interest 4 12 if the land is publicly held, subject to an easement held by 4 13 the public, or the subject of an improvement made at public 4 14 expense.4 15 (4) By the discretionary authority of the commissioners as 4 16 provided in section 161A.61. 4 17 b. The commissioners shall establish criteria to determine 4 18 what constitutes credible evidence of significant soil loss 4 19 based on the soil loss limits established for the district. 4 20 2. If, after the inspection, the commissioners findthat 4 21 sediment damages are occurring to land which is owned or 4 22 occupied by the person filing the complaint or subject to a 4 23 public interest, and that excess soil erosion is occurring 4 24 on neighboring landsoil loss exceeding the soil loss limits 4 25 for the land in question, the commissioners shall issue 4 26 an administrative order. The administrative order shall 4 27 describe the commissioners' findings, including the cause of 4 28 the significant soil loss, the extent to which the soil loss 4 29 exceeds the soil loss limits, the location of the erosion, 4 30 and whether land has been damaged by soil loss due to erosion 4 31 occurring on neighboring land. The administrative order 4 32 shall be delivered tothepersons responsible for causing the 4 33 significant soil loss, including each landowneror landowners4 34 of record, lessee of the land, andto theoccupant of the land, 4 35 if known to the commissioners.The order shall describe the 5 1 land and state as nearly as possible the extent to which soil 5 2 erosion on the land exceeds the limits established by the 5 3 district's regulations.Upon request, the commissioners shall 5 4 deliver a copy of the administrative order to the owner of any 5 5 land damaged by erosion occurring on neighboring land. The 5 6 administrative 5 73.Theorder shall be delivered either by personal service 5 8 or by restricted certified mail to each of the persons to whom 5 9 it is directed, and shall:. 5 10 3. The administrative order shall establish a compliance 5 11 period as follows: 5 12 a. In the case of erosion occurring on the site ofany 5 13a construction project or similar undertaking involving the 5 14 removal of all or a major portion of the vegetation or other 5 15 cover,and exposing bare soil directly to water or wind,state 5 16 a time not more than five days after service or mailing of 5 17 the notice of the order whenwork necessary to establish or 5 18 maintain all erosion control practices must be commenced, and a 5 19 time not more than thirty days after service or mailing of the 5 20 notice of the order when thenot later than five days after the 5 21 administrative order has been delivered. The workis tomust 5 22 be satisfactorily completed not later than thirty days after 5 23 the administrative order has been delivered. 5 24 b. In all other cases,state a time not more than six 5 25 months after service or mailing of the notice of the order, 5 26 by whichworkneedednecessary to establish or maintainthe 5 27all necessary soil and water conservation practices or erosion 5 28 controlmeasurespractices must be commenced, and a time not 5 29 more than one year after the service or mailing of the notice 5 30 of the order when the work is to be satisfactorily completed 5 31and satisfactorily completed not later than one year after 5 32 the administrative order has been delivered, unless the 5 33 requirements of the administrative order are superseded by the 5 34 provisions of section 161A.48. 5 35 Sec. 7. Section 161A.48, subsection 2, Code 2017, is amended 6 1 to read as follows: 6 2 2. Evidence that an application for cost=share or other 6 3 public moneys, from a source or sources having authority to 6 4 pay a portion of the cost of work needed to comply with an 6 5 administrative order issued pursuant to section 161A.47, has 6 6 been submitted to the proper officer or agency constitutes 6 7 commencement of the work within the meaning of sections 161A.43 6 8 through 161A.53. The commissioners shall give preference to 6 9 applications that seek to comply with an administrative order 6 10 issued pursuant to section 161A.47. 6 11 Sec. 8. Section 161A.49, Code 2017, is amended to read as 6 12 follows: 6 13 161A.49Petition for court orderAdministrative order == 6 14 noncompliance. 6 15The commissioners shall petition the district court for a 6 16 court order requiring immediate compliance with anUpon the 6 17 expiration of the compliance period for an administrative order 6 18previouslyissued by the commissioners as provided in section 6 19 161A.47,ifthe person to whom the order is directed shall be 6 20 deemed to be in noncompliance if any of the following apply: 6 21 1. The work necessary to comply with the administrative 6 22 orderishas not commenced on or before the date specified 6 23 in such order, or in any supplementary order subsequently 6 24 issued as provided in section 161A.48, unless. However, 6 25 this subsection does not apply if, in the judgment of the 6 26 commissioners, the failure to commence or complete the work 6 27 as required by the administrative order is due to factors 6 28 beyond the control of the person or persons to whom such order 6 29 is directed and the person or persons can be relied upon to 6 30 commence and complete the necessary work at the earliest 6 31 possible time. 6 32 2.SuchThe work is not being performed with due diligence, 6 33 or is not satisfactorily completed by the date specified in 6 34 the administrative order, or when completed does not reduce 6 35 soil erosion fromsuchthe land below thelimitsapplicable 7 1 soil loss limits established by the soil and water conservation 7 2 district's regulations. 7 3 3. The person or persons to whom the administrative order is 7 4 directedadvisehave advised the commissioners that they do not 7 5 intend to commence or complete such work. 7 6 Sec. 9. NEW SECTION. 161A.49A Administrative order ==== 7 7 referral or petition to enforce. 7 8 1. a. Upon the expiration of the compliance period 7 9 described in sections 161A.47 and 161A.48, the commissioners 7 10 shall enforce the administrative order against a person who 7 11 is deemed to be in noncompliance under section 161A.49 by 7 12 referring the matter to any of the following: 7 13 (1) The board of supervisors of a county in which the land 7 14 causing the erosion is located. 7 15 (2) The attorney general pursuant to section 161A.6. 7 16 b. The referral shall include a copy of the administrative 7 17 order and other information required by the recipient. 7 18 2. The commissioners shall notify any person whose land 7 19 is damaged by erosion occurring on neighboring land that the 7 20 compliance period has expired. The person may petition the 7 21 board of supervisors of the county in which the land causing 7 22 the erosion is located to take action necessary to enforce 7 23 the administrative order. The petition shall include a copy 7 24 of the administrative order and other information required by 7 25 the board. A copy of the petition must be delivered to the 7 26 commissioners who issued the administrative order. 7 27 3. A board of supervisors receiving a referral or petition 7 28 under this section shall do any of the following: 7 29 a. Take action necessary to enforce compliance with the 7 30 administrative order. Upon completion of board action, 7 31 the board shall deliver a statement to the county treasurer 7 32 certifying the costs of taking the action plus a penalty equal 7 33 to five percent of that amount, together with a copy of the 7 34 administrative order. The total amount due shall be assessed 7 35 against the property which is the subject of the administrative 8 1 order, shall be placed upon the county system, and shall be 8 2 collected in the same manner as ordinary taxes. The amount due 8 3 shall be a lien on the land until paid. 8 4 b. Refer the matter to the attorney general. 8 5 Sec. 10. Section 161A.50, Code 2017, is amended to read as 8 6 follows: 8 7 161A.50Burden == court orderCourt action. 8 8 1. Upon the expiration of the compliance period for an 8 9 administrative order issued by the commissioners as provided in 8 10 sections 161A.47 through 161A.49, the commissioners, or either 8 11 a county board of supervisors or attorney general acting upon a 8 12 referral under section 161A.49A, shall petition the district 8 13 court to order a person deemed to be in noncompliance with 8 14 the administrative order under section 161A.49 to immediately 8 15 comply with the order. 8 16 2. In any action brought undersection 161A.49subsection 8 17 1, the burden of proof shall be upon the commissioners to 8 18 show that soil erosion is in fact occurring in excess of the 8 19 applicable soil losslimitsand that the defendant has not 8 20 established or maintained soil and water conservation practices 8 21 or erosion control practices in compliance with the soil and 8 22 water conservation district's regulations. With respect to 8 23 construction, repair, or maintenance of any public street, 8 24 road, or highway, evidence that the defendant has met soil 8 25 erosion control standards equivalent to or in excess of those 8 26 currently imposed by the United States government on the 8 27 project or like projects involving use of federal funds shall 8 28 create a presumption of compliance with the applicable soil 8 29 loss limit. 8 30 3. Upon receiving satisfactory proof of the defendant's 8 31 noncompliance, the court shall issue an order directing 8 32 thelandowner or landownersdefendant to comply with the 8 33 administrative order previously issued by the commissioners. 8 34 The court may modify such administrative order if deemed 8 35 necessary. Notice of the court order shall be given either by 9 1 personal service or by restricted certified mail to each of the 9 2 persons to whom the order is directed, who may within thirty 9 3 days from the date of the court order appeal to the supreme 9 4 court. Any person who fails to comply with a court order 9 5 issued pursuant to this section within the time specified in 9 6 such order, unless the order has been stayed pending an appeal, 9 7 shall be deemed in contempt of court and may be punished 9 8 accordingly. 9 9 DIVISION III 9 10 WATER QUALITY INITIATIVES 9 11 Sec. 11. Section 161A.4, Code 2017, is amended by adding the 9 12 following new subsection: 9 13 NEW SUBSECTION. 8. The committee and division shall 9 14 establish policies that prioritize the allocation of moneys, 9 15 personnel, and technical expertise necessary to administer this 9 16 chapter and chapter 466B to support water quality initiatives 9 17 sponsored by a watershed management authority as described in 9 18 section 466B.43. 9 19 Sec. 12. NEW SECTION. 466B.43 Priority allocations. 9 20 The state soil conservation committee established in 9 21 section 161A.4 and the division shall establish policies that 9 22 prioritize the allocation of moneys, personnel, and technical 9 23 expertise necessary to administer this chapter and chapter 161A 9 24 to support water quality initiatives sponsored by a watershed 9 25 management authority created by two or more soil and water 9 26 conservation districts under section 466B.22. The highest 9 27 priority shall be given to support initiatives carried out in 9 28 high=priority watersheds identified by the water resources 9 29 coordinating council pursuant to section 466B.3. 9 30 EXPLANATION 9 31 The inclusion of this explanation does not constitute agreement with 9 32 the explanation's substance by the members of the general assembly. 9 33 GENERAL. This bill relates to the powers and duties of 9 34 the five soil commissioners who govern each soil and water 9 35 conservation district (district) and who are elected to serve 10 1 four=year terms on a nonpartisan basis. The bill also relates 10 2 to the powers and duties of a number of other state and local 10 3 entities, including county boards of supervisors (boards), 10 4 county treasurers, the state soil conservation committee 10 5 (committee), the soil conservation division of the department 10 6 of agriculture and land stewardship (division), and the 10 7 attorney general. 10 8 ELECTION OF COMMISSIONERS. The bill removes the prohibition 10 9 against more than one commissioner residing in the same 10 10 township, requiring only residence within the district to be 10 11 eligible for election at large to the office of commissioner. 10 12 Provisions relating to appointments for vacancies in the 10 13 office of commissioner are changed to allow for appointments 10 14 to be made by the remaining commissioners, not the state soil 10 15 conservation committee. The bill specifies that the person 10 16 appointed does not serve out the full remaining term, but 10 17 only for the time until the next succeeding general election. 10 18 Appointed commissioners are then able to stand for election if 10 19 they so choose. 10 20 COMMISSIONERS, BOARDS, AND THE ATTORNEY GENERAL ==== 10 21 ESTABLISHING AND ENFORCING SOIL LOSS LIMITS. The commissioners 10 22 are to establish criteria for determining what constitutes 10 23 significant soil loss for land located within the district, 10 24 including soil loss caused by erosion occurring on neighboring 10 25 land. The commissioners are to adopt a regulation establishing 10 26 soil loss limits which shall be not more than five tons per 10 27 acre during any 12=month period. The regulations establishing 10 28 soil loss limits are no longer required to be approved by the 10 29 committee. 10 30 The commissioners must perform an inspection of land located 10 31 in their district after receipt of a written complaint or upon 10 32 a majority vote at an open meeting. After the inspection, 10 33 the commissioners must issue an administrative order against 10 34 a person if the commissioners find the loss of soil exceeds 10 35 the soil loss limit for the land in question. The order must 11 1 describe the commissioners' findings, be delivered to the 11 2 person responsible for causing the soil loss, and establish a 11 3 period for compliance with the order. Evidence of compliance 11 4 with the order includes applying for public moneys, such as 11 5 cost=share financing, in order to defray a portion of the costs 11 6 associated with complying with the order. The bill requires 11 7 the commissioners to give preference to applications which seek 11 8 to comply with an administrative order. 11 9 After the compliance period expires, if work to comply 11 10 with the order is not being performed, the commissioners must 11 11 enforce the order by referring the matter to the attorney 11 12 general or the board of supervisors in the county in which 11 13 the land is located. A person whose land is damaged due to 11 14 neighboring land's erosion may also petition the board of 11 15 supervisors to enforce the order. If the board takes action 11 16 to enforce compliance with the order, the board must notify 11 17 the county treasurer of the costs associated with taking its 11 18 action. The treasurer must enter an amount equal to the costs 11 19 plus a 5 percent penalty on the tax books, which shall be 11 20 collected as ordinary taxes and constitutes a lien against 11 21 the property. However, the board of supervisors may instead 11 22 refer the matter to the attorney general. The commissioners, 11 23 or the board or attorney general acting under a referral, must 11 24 petition the district court to enforce the order. 11 25 COMMITTEE AND DIVISION ==== PRIORITIZING SOIL CONSERVATION 11 26 EFFORTS AND WATER QUALITY INITIATIVES. The committee and 11 27 division are to establish policies that prioritize the 11 28 allocation of moneys, personnel, and technical expertise 11 29 to support soil conservation efforts (Code chapter 161A), 11 30 and water quality initiatives as sponsored by a watershed 11 31 management authority formed by two or more districts (Code 11 32 section 466B.43). The highest priority is to be given to 11 33 support efforts in high=priority watersheds identified by the 11 34 water resources coordinating council (Code section 466B.3). LSB 1359YH (7) 87 sr/sc
