Bill Text: IA HF711 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to levee and drainage districts, by providing for the repair or reconstruction of levees, making appropriations, and including effective date provisions. (Formerly HSB 244.) Effective date: 06/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. H.J. 1042. [HF711 Detail]
Download: Iowa-2023-HF711-Enrolled.html
House
File
711
-
Enrolled
House
File
711
AN
ACT
RELATING
TO
LEVEE
AND
DRAINAGE
DISTRICTS,
BY
PROVIDING
FOR
THE
REPAIR
OR
RECONSTRUCTION
OF
LEVEES,
MAKING
APPROPRIATIONS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
8.57,
subsection
5,
paragraph
f,
subparagraph
(1),
Code
2023,
is
amended
by
adding
the
following
new
subparagraph
division:
NEW
SUBPARAGRAPH
DIVISION
.
(0e)
(i)
For
the
fiscal
year
beginning
July
1,
2023,
and
for
each
fiscal
year
thereafter
through
the
fiscal
year
beginning
July
1,
2027,
of
the
wagering
tax
receipts
received
pursuant
to
sections
99D.17
and
99F.11,
the
next
five
million
dollars
shall
be
deposited
in
the
levee
improvement
fund
created
in
section
8.57D.
(ii)
This
subparagraph
division
is
repealed
July
1,
2028.
House
File
711,
p.
2
Sec.
2.
NEW
SECTION
.
8.57D
Levee
improvement
fund
——
creation
——
appropriations.
1.
A
levee
improvement
fund
is
created
within
the
department
of
homeland
security
and
emergency
management
created
pursuant
to
section
29C.5
which
shall
be
under
the
control
of
that
department.
2.
The
levee
improvement
fund
shall
consist
of
moneys
deposited
in
the
fund
pursuant
to
section
8.57,
subsection
5,
paragraph
“f”
,
subparagraph
(1),
subparagraph
division
(0e);
appropriations
made
to
the
fund;
and
transfers
of
interest,
earnings,
and
moneys
from
other
funds
as
provided
by
law.
3.
The
levee
improvement
fund
shall
be
separate
from
the
general
fund
of
the
state
and
the
balance
in
the
fund
shall
not
be
considered
part
of
the
balance
of
the
general
fund
of
the
state.
However,
the
fund
shall
be
considered
a
special
account
for
the
purposes
of
section
8.53,
relating
to
generally
accepted
accounting
principles.
4.
a.
Moneys
in
the
levee
improvement
fund
are
appropriated
to
the
department
of
homeland
security
and
emergency
management
for
the
exclusive
purpose
of
supporting
all
of
the
following:
(1)
The
office
of
levee
safety,
including
to
conduct
a
statewide
analysis
of
the
condition
of
the
state’s
levees
as
provided
in
section
418A.4.
(2)
The
flood
mitigation
board,
including
to
award
cost-share
moneys
to
levee
districts
pursuant
to
the
levee
improvement
program
as
provided
in
section
418A.5.
b.
Not
more
than
five
percent
of
moneys
in
the
levee
improvement
fund
shall
be
available
to
defray
expenses
incurred
in
administering
chapter
418A
by
the
department,
including
the
office
of
levee
safety
and
flood
mitigation
board.
5.
a.
Notwithstanding
section
8.33,
moneys
in
the
levee
improvement
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
for
the
expenditure
for
the
purposes
designated.
b.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
6.
This
section
is
repealed
July
1,
2028.
Sec.
3.
NEW
SECTION
.
418A.1
Definitions.
For
the
purposes
of
this
chapter,
unless
the
context
House
File
711,
p.
3
otherwise
requires:
1.
“Board”
means
the
flood
mitigation
board
created
in
section
418.5.
2.
“Department”
means
the
department
of
homeland
security
and
emergency
management
created
in
section
29C.5.
3.
“Hazardous
event”
means
an
event
caused
by
a
levee’s
uncontrolled
or
controlled
release
of
surface
water
in
a
manner
that
may
injure
humans
and
animals
or
damage
real
and
personal
property
used
for
agricultural,
commercial,
industrial,
residential,
or
public
purposes.
4.
“Levee
district”
means
a
levee
district,
including
a
subdistrict,
established
pursuant
to
chapter
468.
5.
“Office”
means
the
office
of
levee
safety
created
in
section
418A.3.
6.
“Program”
means
the
levee
improvement
program
established
pursuant
to
section
418A.5.
7.
“Survey”
means
the
Iowa
geological
survey
created
in
section
456.1.
Sec.
4.
NEW
SECTION
.
418A.2
Purpose.
The
purpose
of
this
chapter
is
to
reduce
and
manage
risks
associated
with
a
hazardous
event
caused
by
a
levee’s
inadequate
design,
structural
performance,
or
operational
control.
Sec.
5.
NEW
SECTION
.
418A.3
Office
of
levee
safety.
1.
An
office
of
levee
safety
is
created
within
the
department.
2.
a.
In
administering
this
chapter,
all
of
the
following
apply:
(1)
The
office
shall
cooperate
with
the
flood
mitigation
board.
(2)
The
office
and
the
board
shall
cooperate
with
the
Iowa
geological
survey.
b.
The
office
and
board
may
cooperate
with
other
state
and
federal
agencies,
including
the
United
States
army
corps
of
engineers
and
the
federal
emergency
management
agency,
administering
the
national
levee
safety
program,
as
provided
in
33
U.S.C.
ch.
46.
3.
The
office,
in
cooperation
with
the
board,
shall
assist
communities
benefiting
from
a
levee,
including
levee
districts.
House
File
711,
p.
4
The
office,
in
cooperation
with
the
board,
shall
evaluate
methods
to
best
carry
out
the
purpose
of
this
chapter.
Sec.
6.
NEW
SECTION
.
418A.4
Statewide
analysis.
1.
The
office
of
levee
safety,
in
cooperation
with
the
Iowa
geological
survey,
shall
conduct
a
statewide
analysis
of
the
condition
of
the
state’s
levees.
The
office
and
survey
shall
identify
each
levee
requiring
repair
or
reconstruction
based
on
a
scale
adopted
by
the
office
which
assigns
a
number
based
on
the
levee’s
level
of
critical
need.
The
office
shall
consider
all
of
the
following:
a.
Deficiencies
in
the
construction,
maintenance,
and
operation
of
each
levee
in
a
levee
district.
b.
The
amount
of
capital
expenditures
required
for
the
repair
or
reconstruction
for
each
levee
in
a
levee
district.
c.
Payment
obligations
creating
legal
indebtedness
incurred
by
the
levee
district,
including
those
evidenced
by
bonds,
warrants,
certificates,
contracts,
or
judgments.
d.
The
current
total
revenue
collected
by
the
levee
district,
and
the
budgeted
revenue
ceiling
of
the
levee
district
based
on
a
maximum
assessment
rate
for
classified
lands
used
to
maintain
the
levee
as
apportioned
to
each
owner
of
such
land.
2.
The
governing
body
of
each
levee
district
shall
assist
the
office
in
conducting
the
analysis
for
the
governing
body’s
levee
district.
3.
This
section
is
repealed
July
1,
2028.
Sec.
7.
NEW
SECTION
.
418A.5
Flood
mitigation
board
——
levee
improvement
program.
1.
A
levee
improvement
program
is
established
to
provide
for
the
repair
or
reconstruction
of
those
levees
requiring
immediate
capital
expenditure
in
order
to
reduce
and
manage
a
hazardous
event.
The
program
shall
be
administered
by
the
flood
mitigation
board
acting
in
cooperation
with
the
office
of
levee
safety.
2.
In
administering
the
program,
the
board,
acting
in
cooperation
with
the
office,
shall
award
moneys
to
levee
districts
applying
for
assistance
on
a
cost-share
basis.
The
amount
of
cost-share
moneys
contributed
by
the
board
shall
not
House
File
711,
p.
5
exceed
fifty
percent
of
the
estimated
cost
or
fifty
percent
of
the
actual
cost
of
the
improvement,
whichever
is
less.
3.
a.
The
department
shall
provide
for
the
publication
and
submission
of
applications
for
an
award
of
cost-share
moneys
under
the
program.
The
board,
in
cooperation
with
the
office,
shall
approve
or
disapprove
the
applications
based
on
criteria
established
by
the
board.
b.
(1)
The
board
shall
consider
the
scale
number
assigned
to
the
levee
by
the
office
as
provided
in
section
418A.4.
(2)
This
paragraph
is
repealed
July
1,
2028.
4.
The
department
may
enter
into
a
chapter
28E
agreement
in
order
to
administer
the
program
on
behalf
of
the
board.
Sec.
8.
NEW
SECTION
.
418A.6
Department
——
statewide
levee
improvement
report.
1.
The
department
of
homeland
security
and
emergency
management
shall
prepare
and
submit
a
statewide
levee
assessment
report
to
the
governor
and
general
assembly
not
later
than
January
5
of
each
year.
2.
a.
(1)
The
statewide
levee
assessment
report
must
include
a
summary
of
the
condition
of
levees
in
each
levee
district.
(2)
This
paragraph
is
repealed
July
1,
2028.
b.
The
statewide
levee
assessment
report
must
identify
those
levees
having
the
highest
level
of
critical
need
of
repair
or
reconstruction
and
the
budget
of
a
levee
district
to
finance
the
repair
or
reconstruction.
3.
The
statewide
levee
assessment
report
must
include
the
results
of
efforts
to
repair
or
reconstruct
levees
using
cost-share
moneys
awarded
to
the
governing
bodies
of
levee
districts
under
the
levee
improvement
program.
4.
The
statewide
levee
assessment
report
must
include
a
summary
of
future
plans
to
administer
the
program.
The
statewide
levee
assessment
report
may
include
recommendations
for
additional
funding
and
legislation
necessary
to
carry
out
the
purpose
of
this
chapter.
Sec.
9.
NEW
SECTION
.
456.15
Levees.
The
Iowa
geological
survey
shall
assist
the
office
of
levee
safety
as
provided
in
chapter
418A.
House
File
711,
p.
6
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
711,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
