Bill Text: IA HF711 | 2023-2024 | 90th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
House
File
711
-
Introduced
HOUSE
FILE
711
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HSB
244)
A
BILL
FOR
An
Act
relating
to
levee
and
drainage
districts,
by
providing
1
for
the
repair
or
reconstruction
of
levees,
requesting
the
2
establishment
of
a
legislative
interim
committee
to
consider
3
levee
and
drainage
district
laws,
making
appropriations,
and
4
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
LEVEE
IMPROVEMENTS
2
Section
1.
Section
8.57,
subsection
5,
paragraph
f,
3
subparagraph
(1),
Code
2023,
is
amended
by
adding
the
following
4
new
subparagraph
division:
5
NEW
SUBPARAGRAPH
DIVISION
.
(0e)
(i)
For
the
fiscal
year
6
beginning
July
1,
2023,
and
for
each
fiscal
year
thereafter
7
through
the
fiscal
year
beginning
July
1,
2027,
of
the
wagering
8
tax
receipts
received
pursuant
to
sections
99D.17
and
99F.11,
9
the
next
five
million
dollars
shall
be
deposited
in
the
levee
10
improvement
fund
created
in
section
8.57D.
11
(ii)
This
subparagraph
division
is
repealed
July
1,
2028.
12
Sec.
2.
NEW
SECTION
.
8.57D
Levee
improvement
fund
——
13
creation
——
appropriations.
14
1.
A
levee
improvement
fund
is
created
within
the
department
15
of
homeland
security
and
emergency
management
created
pursuant
16
to
section
29C.5
which
shall
be
under
the
control
of
that
17
department.
18
2.
The
levee
improvement
fund
shall
consist
of
moneys
19
deposited
in
the
fund
pursuant
to
section
8.57,
subsection
5,
20
paragraph
“f”
,
subparagraph
(1),
subparagraph
division
(0e);
21
appropriations
made
to
the
fund;
and
transfers
of
interest,
22
earnings,
and
moneys
from
other
funds
as
provided
by
law.
23
3.
The
levee
improvement
fund
shall
be
separate
from
the
24
general
fund
of
the
state
and
the
balance
in
the
fund
shall
25
not
be
considered
part
of
the
balance
of
the
general
fund
of
26
the
state.
However,
the
fund
shall
be
considered
a
special
27
account
for
the
purposes
of
section
8.53,
relating
to
generally
28
accepted
accounting
principles.
29
4.
a.
Moneys
in
the
levee
improvement
fund
are
appropriated
30
to
the
department
of
homeland
security
and
emergency
management
31
for
the
exclusive
purpose
of
supporting
all
of
the
following:
32
(1)
The
office
of
levee
safety,
including
to
conduct
a
33
statewide
analysis
of
the
condition
of
the
state’s
levees
as
34
provided
in
section
418A.4.
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(2)
The
flood
mitigation
board,
including
to
award
1
cost-share
moneys
to
levee
districts
pursuant
to
the
levee
2
improvement
program
as
provided
in
section
418A.5.
3
b.
Not
more
than
five
percent
of
moneys
in
the
levee
4
improvement
fund
shall
be
available
to
defray
expenses
incurred
5
in
administering
chapter
418A
by
the
department,
including
the
6
office
of
levee
safety
and
flood
mitigation
board.
7
5.
a.
Notwithstanding
section
8.33,
moneys
in
the
levee
8
improvement
fund
that
remain
unencumbered
or
unobligated
at
9
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
10
available
for
the
expenditure
for
the
purposes
designated.
11
b.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
12
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
13
6.
This
section
is
repealed
July
1,
2028.
14
Sec.
3.
NEW
SECTION
.
418A.1
Definitions.
15
For
the
purposes
of
this
chapter,
unless
the
context
16
otherwise
requires:
17
1.
“Board”
means
the
flood
mitigation
board
created
in
18
section
418.5.
19
2.
“Department”
means
the
department
of
homeland
security
20
and
emergency
management
created
in
section
29C.5.
21
3.
“Hazardous
event”
means
an
event
caused
by
a
levee’s
22
uncontrolled
or
controlled
release
of
surface
water
in
a
manner
23
that
may
injure
humans
and
animals
or
damage
real
and
personal
24
property
used
for
agricultural,
commercial,
industrial,
25
residential,
or
public
purposes.
26
4.
“Levee
district”
means
a
levee
district,
including
a
27
subdistrict,
established
pursuant
to
chapter
468.
28
5.
“Office”
means
the
office
of
levee
safety
created
in
29
section
418A.3.
30
6.
“Program”
means
the
levee
improvement
program
established
31
pursuant
to
section
418A.5.
32
7.
“Survey”
means
the
Iowa
geological
survey
created
in
33
section
456.1.
34
Sec.
4.
NEW
SECTION
.
418A.2
Purpose.
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The
purpose
of
this
chapter
is
to
reduce
and
manage
1
risks
associated
with
a
hazardous
event
caused
by
a
levee’s
2
inadequate
design,
structural
performance,
or
operational
3
control.
4
Sec.
5.
NEW
SECTION
.
418A.3
Office
of
levee
safety.
5
1.
An
office
of
levee
safety
is
created
within
the
6
department.
7
2.
a.
In
administering
this
chapter,
all
of
the
following
8
apply:
9
(1)
The
office
shall
cooperate
with
the
flood
mitigation
10
board.
11
(2)
The
office
and
the
board
shall
cooperate
with
the
Iowa
12
geological
survey.
13
b.
The
office
and
board
may
cooperate
with
other
state
14
and
federal
agencies,
including
the
United
States
army
corps
15
of
engineers
and
the
federal
emergency
management
agency,
16
administering
the
national
levee
safety
program,
as
provided
in
17
33
U.S.C.
ch.
46.
18
3.
The
office,
in
cooperation
with
the
board,
shall
assist
19
communities
benefiting
from
a
levee,
including
levee
districts.
20
The
office,
in
cooperation
with
the
board,
shall
evaluate
21
methods
to
best
carry
out
the
purpose
of
this
chapter.
22
Sec.
6.
NEW
SECTION
.
418A.4
Statewide
analysis.
23
1.
The
office
of
levee
safety,
in
cooperation
with
the
Iowa
24
geological
survey,
shall
conduct
a
statewide
analysis
of
the
25
condition
of
the
state’s
levees.
The
office
and
survey
shall
26
identify
each
levee
requiring
repair
or
reconstruction
based
on
27
a
scale
adopted
by
the
office
which
assigns
a
number
based
on
28
the
levee’s
level
of
critical
need.
The
office
shall
consider
29
all
of
the
following:
30
a.
Deficiencies
in
the
construction,
maintenance,
and
31
operation
of
each
levee
in
a
levee
district.
32
b.
The
amount
of
capital
expenditures
required
for
the
33
repair
or
reconstruction
for
each
levee
in
a
levee
district.
34
c.
Payment
obligations
creating
legal
indebtedness
incurred
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by
the
levee
district,
including
those
evidenced
by
bonds,
1
warrants,
certificates,
contracts,
or
judgments.
2
d.
The
current
total
revenue
collected
by
the
levee
3
district,
and
the
budgeted
revenue
ceiling
of
the
levee
4
district
based
on
a
maximum
assessment
rate
for
classified
5
lands
used
to
maintain
the
levee
as
apportioned
to
each
owner
6
of
such
land.
7
2.
The
governing
body
of
each
levee
district
shall
assist
8
the
office
in
conducting
the
analysis
for
the
governing
body’s
9
levee
district.
10
3.
This
section
is
repealed
July
1,
2028.
11
Sec.
7.
NEW
SECTION
.
418A.5
Flood
mitigation
board
——
levee
12
improvement
program.
13
1.
A
levee
improvement
program
is
established
to
provide
14
for
the
repair
or
reconstruction
of
those
levees
requiring
15
immediate
capital
expenditure
in
order
to
reduce
and
manage
16
a
hazardous
event.
The
program
shall
be
administered
by
the
17
flood
mitigation
board
acting
in
cooperation
with
the
office
of
18
levee
safety.
19
2.
In
administering
the
program,
the
board,
acting
in
20
cooperation
with
the
office,
shall
award
moneys
to
levee
21
districts
applying
for
assistance
on
a
cost-share
basis.
The
22
amount
of
cost-share
moneys
contributed
by
the
board
shall
not
23
exceed
fifty
percent
of
the
estimated
cost
or
fifty
percent
of
24
the
actual
cost
of
the
improvement,
whichever
is
less.
25
3.
a.
The
department
shall
provide
for
the
publication
and
26
submission
of
applications
for
an
award
of
cost-share
moneys
27
under
the
program.
The
board,
in
cooperation
with
the
office,
28
shall
approve
or
disapprove
the
applications
based
on
criteria
29
established
by
the
board.
30
b.
(1)
The
board
shall
consider
the
scale
number
assigned
31
to
the
levee
by
the
office
as
provided
in
section
418A.4.
32
(2)
This
paragraph
is
repealed
July
1,
2028.
33
4.
The
department
may
enter
into
a
chapter
28E
agreement
in
34
order
to
administer
the
program
on
behalf
of
the
board.
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Sec.
8.
NEW
SECTION
.
418A.6
Department
——
statewide
levee
1
improvement
report.
2
1.
The
department
of
homeland
security
and
emergency
3
management
shall
prepare
and
submit
a
statewide
levee
4
assessment
report
to
the
governor
and
general
assembly
not
5
later
than
January
5
of
each
year.
6
2.
a.
(1)
The
statewide
levee
assessment
report
must
7
include
a
summary
of
the
condition
of
levees
in
each
levee
8
district.
9
(2)
This
paragraph
is
repealed
July
1,
2028.
10
b.
The
statewide
levee
assessment
report
must
identify
those
11
levees
having
the
highest
level
of
critical
need
of
repair
or
12
reconstruction
and
the
budget
of
a
levee
district
to
finance
13
the
repair
or
reconstruction.
14
3.
The
statewide
levee
assessment
report
must
include
15
the
results
of
efforts
to
repair
or
reconstruct
levees
using
16
cost-share
moneys
awarded
to
the
governing
bodies
of
levee
17
districts
under
the
levee
improvement
program.
18
4.
The
statewide
levee
assessment
report
must
include
19
a
summary
of
future
plans
to
administer
the
program.
The
20
statewide
levee
assessment
report
may
include
recommendations
21
for
additional
funding
and
legislation
necessary
to
carry
out
22
the
purpose
of
this
chapter.
23
Sec.
9.
NEW
SECTION
.
456.15
Levees.
24
The
Iowa
geological
survey
shall
assist
the
office
of
levee
25
safety
as
provided
in
chapter
418A.
26
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
27
deemed
of
immediate
importance,
takes
effect
upon
enactment.
28
DIVISION
II
29
LEGISLATIVE
INTERIM
STUDY
30
Sec.
11.
INTERIM
COMMITTEE.
The
legislative
council
is
31
requested
to
establish
an
interim
study
committee
to
review
32
Iowa’s
levee
and
drainage
district
laws,
including
chapter
468.
33
The
interim
committee,
if
established,
is
charged
to
update
34
laws
regarding
the
rights
and
duties
of
landowners
to
manage
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water
resources
within
watershed
areas;
the
establishment
and
1
governance
of
districts;
the
construction,
maintenance,
and
2
repair
of
improvements;
and
the
financing
of
improvements.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
BACKGROUND.
This
bill
amends
provisions
that
relate
to
a
7
levee
or
drainage
district,
including
subdistricts,
where
a
8
project
(improvement)
is
constructed
to
divert
or
store
water
9
in
a
manner
that
allows
land
that
would
otherwise
be
saturated
10
to
instead
be
used
for
development,
including
agricultural
11
production
(Code
chapter
468).
A
district
is
established
12
and
managed
by
different
forms
of
local
governing
bodies,
13
including
a
board
of
supervisors
or
joint
boards
of
supervisors
14
governing
intercounty
districts.
An
established
district
may
15
also
be
managed
by
a
board
of
trustees
elected
by
landowners
16
in
the
district.
An
improvement
may
include
a
facility
that
17
increases
the
district’s
capacity
to
divert
or
store
water
18
by
new
construction,
such
as
the
installation
of
a
drain
or
19
tile
line
or
ditch,
the
modification
of
a
watercourse,
or
the
20
erection
of
a
barrier
such
as
a
dam
or
embankment.
It
may
21
also
include
the
maintenance
of
a
constructed
facility
that
22
restores
the
district’s
original
capacity
such
as
dredging
a
23
drainage
ditch.
The
expense
associated
with
an
improvement
24
is
borne
by
owners
of
land
located
within
the
district.
A
25
special
property
tax
“assessment”
is
imposed
on
a
prorated
26
basis
according
to
a
formula
that
distributes
the
total
tax
27
amount
due
among
affected
landowners
based
on
the
relative
28
increase
to
the
owner’s
land
value
assigned
a
“classification”
29
according
to
40-acre
or
less
tracts.
The
land
subject
to
an
30
increased
valuation
is
referred
to
as
being
“benefited”
by
the
31
improvement.
32
BILL’S
PROVISIONS
——
LEVEE
IMPROVEMENT
FUND.
The
bill
33
establishes
a
levee
improvement
fund
(new
Code
section
34
8.57D)
supported
by
revenues
deposited
in
the
rebuild
Iowa
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711
infrastructure
fund
which
includes
moneys
derived
from
1
wagering
tax
receipts
(amended
Code
section
8.57(5)).
The
2
bill
appropriates
$5
million
to
the
levee
improvement
fund
3
for
each
of
the
next
five
fiscal
years
to
support
efforts
by
4
the
department
of
homeland
security
and
emergency
management
5
(department)
to
repair
or
reconstruct
levees
in
order
to
reduce
6
and
manage
risks
associated
with
hazardous
events
caused
by
a
7
levee’s
uncontrolled
or
controlled
release
of
surface
water
8
as
a
consequence
of
the
levee’s
inadequate
design,
structural
9
performance,
or
operational
control
(new
Code
section
418A.2).
10
BILL’S
PROVISIONS
——
LEVEE
IMPROVEMENT
PURPOSE
——
11
ADMINISTRATION.
The
bill
creates
an
office
of
levee
safety
12
(office)
within
the
department
(new
Code
section
418A.3)
13
and
assigns
new
duties
and
powers
to
the
flood
mitigation
14
board
(board).
The
office,
in
cooperation
with
the
board,
is
15
required
to
assist
communities,
including
levee
districts,
16
benefiting
from
levees.
The
office,
in
cooperation
with
the
17
Iowa
geological
survey
(survey),
is
required
to
conduct
a
18
statewide
analysis
(analysis)
of
the
condition
of
the
state’s
19
levees
and
the
budget
of
levee
districts
required
to
finance
20
the
repair
or
reconstruction
of
those
levees
(new
Code
section
21
418A.4).
The
governing
body
of
each
levee
district
is
required
22
to
assist
the
office
in
conducting
its
analysis.
The
board
is
23
required
to
administer
a
levee
improvement
program
(program)
24
(new
Code
section
418A.5).
The
purpose
of
the
program
is
to
25
finance,
on
a
cost-share
basis,
the
repair
or
reconstruction
of
26
levees
based
on
criteria
established
by
the
board,
including
27
levees
assigned
a
scale
number
by
the
office
when
conducting
28
its
analysis.
The
department
is
required
to
submit
an
annual
29
report
to
the
governor
and
general
assembly
regarding
the
30
status
of
the
analysis
and
program
(new
Code
section
418A.6).
31
BILL’S
PROVISIONS
——
LEGISLATIVE
INTERIM
STUDY.
The
bill
32
requests
the
legislative
council
to
establish
an
interim
study
33
committee
to
review
Iowa’s
levee
and
drainage
district
laws.
34
The
interim
committee
would
consider
updating
laws
regarding
35
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8
H.F.
711
the
rights
and
duties
of
landowners
to
manage
water
resources
1
within
watershed
areas;
the
establishment
and
governance
2
of
districts;
the
construction,
maintenance,
and
repair
of
3
improvements;
and
the
financing
of
improvements.
4
BILL’S
PROVISIONS
——
EFFECTIVE
DATES.
The
provisions
of
5
the
bill,
other
than
those
which
request
a
legislative
interim
6
study,
take
effect
upon
enactment.
7
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