Bill Text: IA HF571 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the management of soil and water resources, including projects described in the Iowa nutrient reduction strategy, and the use of a county tax levy. (See HF 735.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-20 - Withdrawn. H.J. 598. [HF571 Detail]
Download: Iowa-2019-HF571-Introduced.html
House
File
571
-
Introduced
HOUSE
FILE
571
BY
MOMMSEN
A
BILL
FOR
An
Act
relating
to
the
management
of
soil
and
water
resources,
1
including
projects
described
in
the
Iowa
nutrient
reduction
2
strategy,
and
the
use
of
a
county
tax
levy.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
161A.3,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
9A.
“Iowa
nutrient
reduction
strategy”
3
means
the
same
as
defined
in
section
455B.171.
4
NEW
SUBSECTION
.
12A.
“Point
source”
means
the
same
as
5
defined
in
section
455B.171.
6
Sec.
2.
Section
161A.7,
subsection
1,
paragraph
d,
Code
7
2019,
is
amended
to
read
as
follows:
8
d.
To
cooperate,
or
enter
into
agreements
with,
and
within
9
the
limits
of
appropriations
duly
made
available
to
it
by
law,
10
to
furnish
financial
or
other
aid
assistance
to
any
agency,
11
governmental
or
otherwise,
or
any
owner
or
occupier
of
lands
12
within
the
district,
in
the
carrying
on
of
including
by
doing
13
all
of
the
following:
14
(1)
Carrying
out
erosion-control
and
watershed
protection
15
and
flood
prevention
operations
within
the
district,
subject
16
to
such
conditions
as
the
commissioners
may
deem
necessary
to
17
advance
the
purposes
of
this
chapter
.
18
(2)
Carrying
out
projects
or
operations
within
the
19
district,
as
provided
in
paragraph
“p”
,
subject
to
such
20
conditions
as
the
commissioners
may
deem
necessary
to
advance
21
the
purposes
of
this
chapter.
22
Sec.
3.
Section
161A.7,
subsection
1,
Code
2019,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
p.
To
carry
out
soil
erosion
control,
25
watershed
protection
or
improvement,
water
resource
26
restoration,
flood
prevention
or
control,
and
water
quality
27
protection
projects
and
operations,
within
the
district.
The
28
water
quality
protection
projects
and
operations
may
include
29
but
are
not
limited
to
efforts
to
maintain,
protect,
and
30
improve
the
quality
of
surface
water
and
groundwater
from
point
31
and
nonpoint
sources,
including
by
doing
all
of
the
following:
32
(1)
Reducing
or
eliminating
pollution
caused
by
access
to
33
agricultural
drainage
or
sinkholes,
sedimentation,
or
chemical
34
pollutants.
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(2)
Reducing
or
removing
nutrients
and
other
pollutants
in
1
or
from
surface
water
and
groundwater.
2
(3)
Reducing
or
eliminating
nutrient
loads
from
surface
3
water
or
groundwater.
4
(4)
Achieving
or
furthering
any
of
the
objectives,
goals,
5
and
targets
described
in
the
Iowa
nutrient
strategy.
6
Sec.
4.
Section
161A.13,
Code
2019,
is
amended
to
read
as
7
follows:
8
161A.13
Purpose
of
subdistricts.
9
Subdistricts
of
a
soil
and
water
conservation
district
may
10
be
formed
as
provided
in
this
chapter
for
the
purposes
of
11
carrying
out
watershed
protection
and
flood
prevention
programs
12
to
carry
out
the
same
purposes
of
the
district
under
section
13
161A.7,
within
the
territory
of
the
subdistrict
but
shall
not
14
be
formed
solely
for
the
purpose
of
establishing
or
taking
over
15
the
operation
of
an
existing
drainage
district.
16
Sec.
5.
Section
161C.1,
Code
2019,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
01.
“Authorized
project”
means
a
project
19
that
is
carried
out
to
support
any
of
the
following:
20
a.
Soil
erosion
control.
21
b.
Watershed
protection
or
improvement.
22
c.
Water
resource
restoration.
23
d.
Flood
prevention
or
control.
24
e.
Water
quality
protection
practices.
25
f.
Water
quality
projects
and
operations,
including
as
26
required
to
achieve
or
further
any
of
the
objectives,
goals,
27
and
targets
described
in
the
Iowa
nutrient
strategy.
28
NEW
SUBSECTION
.
4A.
“Iowa
nutrient
reduction
strategy”
29
means
the
same
as
defined
in
section
455B.171.
30
NEW
SUBSECTION
.
5A.
“Point
source”
means
the
same
as
31
defined
in
section
455B.171.
32
NEW
SUBSECTION
.
5B.
“Qualified
government
entity”
means
a
33
county,
city,
or
other
political
subdivision,
or
other
local
34
agency.
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Sec.
6.
Section
161C.2,
subsection
1,
paragraph
a,
Code
1
2019,
is
amended
to
read
as
follows:
2
a.
Each
A
soil
and
water
conservation
district,
alone
3
and
whenever
practical
in
conjunction
with
other
districts,
4
shall
qualified
government
entities,
or
financing
entities
5
may
carry
out
district-wide
and
multiple-district
projects
6
to
support
water
protection
practices
in
the
district
or
7
districts
,
including
but
not
limited
to
authorized
projects
8
to
protect
this
state’s
groundwater
and
surface
water
from
9
point
and
nonpoint
sources
of
contamination,
including
but
10
not
limited
to
contamination
by
agricultural
drainage
wells,
11
sinkholes,
sedimentation,
or
chemical
pollutants
.
The
projects
12
and
operations
include
but
are
not
limited
to
practices
or
13
other
efforts
to
reduce
or
eliminate
pollution
caused
by
access
14
to
agricultural
drainage
wells
or
sinkholes,
sedimentation,
15
or
chemical
pollutants,
as
described
in
the
Iowa
nutrient
16
reduction
strategy.
17
Sec.
7.
Section
161C.3,
Code
2019,
is
amended
to
read
as
18
follows:
19
161C.3
Cooperation
with
other
agencies
qualified
government
20
entities
and
financing
entities
.
21
Soil
A
soil
and
water
conservation
districts
district
may
22
enter
into
agreements
an
agreement
with
the
United
States
23
federal
government
,
as
provided
by
state
law,
or
with
the
state
24
of
Iowa
or
any
agency
of
the
state,
any
other
soil
and
water
25
conservation
district,
or
other
political
subdivision
of
this
26
state
a
qualified
government
entity,
or
a
financing
entity
,
27
for
cooperation
in
preventing,
controlling,
or
attempting
to
28
prevent
or
control
contamination
the
pollution
of
groundwater
29
or
surface
water
or
groundwater
by
point
and
nonpoint
sources
30
of
pollution
.
Soil
and
water
conservation
districts
may
31
accept,
as
provided
by
state
law,
any
money
disbursed
for
water
32
quality
preservation
purposes
by
the
federal
government
or
any
33
agency
of
the
federal
government,
and
expend
the
money
for
the
34
purposes
for
which
it
was
received.
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Sec.
8.
Section
161E.1,
Code
2019,
is
amended
to
read
as
1
follows:
2
161E.1
Authority
of
board.
3
1.
a.
If
a
county,
soil
and
water
conservation
district,
4
a
subdistrict
of
a
soil
and
water
conservation
district,
5
political
subdivision
of
the
state,
or
other
local
agency
a
6
qualified
government
entity,
or
a
financing
entity
engages
or
7
in,
participates
in
a
project
for
flood
or
erosion
control,
8
flood
prevention
,
or
carries
out
an
authorized
project,
9
including
but
not
limited
to
a
water
quality
project
or
10
operation
,
or
engages
in,
participates
in,
or
carries
out
a
11
project
for
the
conservation,
development,
utilization,
and
12
disposal
of
water,
in
cooperation
with
the
federal
government,
13
or
a
department
or
agency
of
the
federal
government,
the
14
counties
in
which
the
project
is
carried
on
out
may
,
act
15
through
the
board
of
supervisors,
construct,
or
under
a
chapter
16
28E
or
28F
agreement,
to
do
any
of
the
following:
17
(1)
Construct,
operate,
and
maintain
the
project
on
lands
18
under
the
control
or
jurisdiction
of
the
county
dedicated
to
19
county
use
,
or
furnish
.
20
(2)
Furnish
financial
and
other
assistance
in
connection
21
with
the
projects.
Flood,
soil
erosion
control,
and
watershed
22
improvement
23
b.
Authorized
projects
,
including
but
not
limited
to
water
24
quality
projects
and
operations,
are
presumed
to
be
for
the
25
protection
of
the
tax
base
of
the
county,
for
the
protection
of
26
public
roads
and
lands,
and
for
the
protection
of
the
public
27
health,
sanitation,
safety,
and
general
welfare.
28
Sec.
9.
NEW
SECTION
.
161E.1A
Definitions.
29
As
used
in
this
chapter,
unless
the
context
otherwise
30
requires:
31
1.
“Authorized
project”
means
a
project
that
is
carried
out
32
to
support
any
of
the
following:
33
a.
Soil
erosion
control
project.
34
b.
Watershed
protection
or
improvement
project.
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c.
Water
resource
restoration
project.
1
d.
Flood
prevention
or
control.
2
e.
Water
quality
protection
practices.
3
f.
Water
quality
projects
and
operations,
including
those
4
projects
described
in
the
Iowa
nutrient
reduction
strategy.
5
2.
“Iowa
nutrient
reduction
strategy”
means
the
same
as
6
defined
in
section
455B.171.
7
3.
“Point
source”
means
the
same
as
defined
in
section
8
455B.171.
9
4.
“Qualified
government
entity”
means
a
county,
city,
or
10
other
political
subdivision,
or
a
local
agency.
11
Sec.
10.
Section
161E.2,
Code
2019,
is
amended
to
read
as
12
follows:
13
161E.2
Federal
aid
assistance
.
14
A
county
may,
in
accordance
with
this
chapter
,
accept
15
federal
funds
for
aid
moneys
to
assist
in
a
supporting
an
16
authorized
project
for
flood
or
soil
erosion
control,
flood
17
prevention
,
or
the
conservation,
development,
utilization,
18
and
disposal
of
water
,
and
.
A
county
may
cooperate
with
19
the
federal
government
or
a
department
or
agency
of
the
20
federal
government,
a
soil
and
water
conservation
district,
21
subdistrict
of
a
soil
and
water
conservation
district,
22
political
subdivision
of
the
state,
or
other
local
agency,
and
23
the
or
a
qualified
government
entity.
The
county
may
assume
24
a
proportion
of
the
cost
of
the
authorized
project
as
deemed
25
appropriate,
and
may
assume
the
maintenance
cost
of
the
project
26
on
lands
under
the
control
or
jurisdiction
of
the
county
which
27
will
not
be
discharged
by
federal
aid
assistance
or
grant.
28
Sec.
11.
Section
161E.3,
Code
2019,
is
amended
to
read
as
29
follows:
30
161E.3
Cooperation.
31
The
counties,
county,
soil
and
water
conservation
districts,
32
and
subdistricts
of
soil
and
water
conservation
districts
,
33
and
qualified
government
entities
concerned,
shall
advise
and
34
consult
with
each
other,
upon
the
request
of
any
of
them
or
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any
affected
landowners,
and
may
cooperate
with
each
other
1
or
with
other
state
subdivisions
or
instrumentalities,
and
2
affected
landowners,
as
well
as
with
the
federal
government
or
3
a
department
or
agency
of
the
federal
government,
or
with
a
4
financing
entity,
to
construct,
operate,
and
maintain
suitable
5
authorized
projects
for
flood
or
soil
erosion
control,
flood
6
prevention
,
including
but
not
limited
to
water
quality
projects
7
and
operations
,
or
the
conservation,
development,
utilization,
8
and
disposal
of
water
on
public
roads
or
other
public
lands
or
9
other
land
granted
county
use.
10
Sec.
12.
Section
161E.5,
Code
2019,
is
amended
to
read
as
11
follows:
12
161E.5
Maintenance
cost.
13
If
construction
of
projects
has
been
completed
by
the
soil
14
and
water
conservation
district,
subdistricts
a
subdistrict
of
15
the
soil
and
water
conservation
districts
district
,
political
16
subdivisions
of
the
state,
or
other
local
agencies
a
qualified
17
government
entity
,
or
the
federal
government,
or
a
department
18
or
agency
of
the
federal
government,
on
private
lands
under
the
19
easement
granted
to
the
county,
only
the
cost
of
maintenance
20
may
be
assumed
by
the
county.
21
Sec.
13.
Section
161E.9,
Code
2019,
is
amended
to
read
as
22
follows:
23
161E.9
Tax
levy.
24
The
county
board
of
supervisors
may
annually
levy
a
tax
not
25
to
exceed
six
and
three-fourths
cents
per
thousand
dollars
of
26
assessed
value
of
all
agricultural
lands
in
the
county,
to
27
be
used
for
flood
and
erosion
control,
including
authorized
28
projects,
including
but
not
limited
to
furnishing
financial
29
assistance
in
connection
with
water
quality
projects
and
30
operations,
and
for
the
acquisition
of
land
or
interests
in
31
land,
and
repair,
alteration,
maintenance,
and
operation
of
32
works
of
improvement
on
lands
under
the
control
or
jurisdiction
33
of
the
county
as
provided
in
this
chapter
.
34
Sec.
14.
Section
161F.2,
Code
2019,
is
amended
to
read
as
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follows:
1
161F.2
Board
of
supervisors
to
establish
districts
——
strip
2
coal
mining.
3
1.
The
board
of
supervisors
of
any
a
county
shall
have
4
jurisdiction,
power
and
authority
at
any
regular,
special
or
5
adjourned
session
to
establish,
subject
to
the
provisions
6
of
this
chapter
,
districts
having
for
their
purpose
soil
7
conservation
,
and
the
control
of
flood
waters
,
or
the
8
improvement
of
water
quality,
and
to
cause
to
be
constructed
9
as
hereinafter
provided,
such
improvements
and
facilities
as
10
shall
be
deemed
essential
for
the
accomplishment
of
the
purpose
11
of
soil
conservation
,
and
flood
control
,
or
the
improvement
of
12
water
quality
.
13
2.
Such
The
board
of
supervisors
of
a
county
shall
also
14
have
jurisdiction,
power
and
authority
at
any
regular,
special
15
or
adjourned
session
to
establish,
in
the
same
manner
that
16
the
districts
hereinabove
referred
to
described
in
subsection
17
1
are
established,
districts
having
for
their
purpose
soil
18
conservation
in
mining
areas
within
the
county,
and
provide
19
that
anyone
engaged
in
removing
the
surface
soil
over
any
20
bed
or
strata
of
coal
in
such
district
for
the
purpose
of
21
obtaining
such
coal
shall
replace
the
surface
soil
as
nearly
22
as
practicable
to
its
original
position,
and
provide
that,
23
upon
abandonment
of
such
removal
operation,
all
surface
soil
24
shall
be
so
replaced.
This
section
subsection
shall
apply
only
25
to
surface
soil
so
removed
after
July
4,
1949,
and
then
only
26
if
it
is
essential
for
the
accomplishment
of
the
purpose
of
27
soil
conservation
and
flood
control
within
the
purview
of
this
28
chapter
.
29
Sec.
15.
Section
161F.3,
Code
2019,
is
amended
to
read
as
30
follows:
31
161F.3
Combination
of
functions.
32
Such
districts
shall
have
the
power
to
combine
in
their
33
functions
activities
affecting
soil
conservation,
flood
34
control
,
and
drainage,
water
quality
improvement,
or
any
of
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these
objects,
singly
or
in
combination
with
another.
1
Sec.
16.
CODE
EDITOR
DIRECTIVE.
2
1.
The
Code
editor
is
directed
to
make
the
following
3
transfers:
4
a.
Section
161E.1A
as
enacted
in
this
Act
to
section
161E.1.
5
b.
Section
161E.1,
as
amended
by
this
Act,
to
section
6
161E.1A.
7
2.
The
Code
editor
shall
correct
internal
references
in
the
8
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
9
enactment
of
this
section.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
amends
various
provisions
relating
to
the
14
management
of
soil
and
water
resources
including
Code
chapter
15
161A,
the
“Soil
Conservation
Districts
Law”
(Code
section
16
161A.1)
which
regulates
soil
erosion
and
authorizes
the
payment
17
of
cost-share
incentives
for
soil
and
water
conservation
18
practices
administered
by
the
department
of
agriculture
and
19
land
stewardship
(department)
and
soil
and
water
conservation
20
districts
(districts)
throughout
the
state;
Code
chapter
21
161C
authorizing
districts
and
other
political
subdivisions
22
to
work
in
conjunction
in
carrying
out
districtwide
and
23
multiple
district
water
protection
projects;
Code
chapter
161E,
24
authorizing
counties
and
districts,
political
subdivisions,
25
and
other
local
agencies
(qualified
government
entities)
to
26
provide
for
flood
control
or
soil
erosion
control,
including
27
by
levying
a
tax
of
6.75
cents
per
$1,000
of
assessed
value
on
28
agricultural
land
in
the
county;
and
Code
chapter
161F
which
29
authorizes
the
board
of
supervisors
of
a
county
to
establish
30
soil
conservation
and
flood
control
districts.
31
The
bill
provides
that
along
with
traditional
duties
and
32
powers
exercised
by
these
bodies
relating
to
soil
erosion
33
and
flood
protection,
they
may
also
carry
out
water
quality
34
protection
projects
and
operations
which
include
efforts
to
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maintain,
protect,
and
improve
the
quality
of
surface
water
1
and
groundwater
from
point
and
nonpoint
sources
in
a
manner
2
consistent
with
the
Iowa
nutrient
reduction
strategy.
The
3
bill
authorizes
cooperation
between
districts,
subdistricts,
4
and
political
subdivisions
including
through
the
use
of
5
Code
chapter
28E
and
Code
chapter
28F
agreements.
The
bill
6
authorizes
joint
financing
agreements
and
the
involvement
of
7
financing
entities
which
are
presumably
business
organizations
8
engaged
in
bonding
or
other
financing
arrangements.
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