Bill Text: IA SF2302 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the funding of the water quality initiative, by supporting selected watersheds, making appropriations to a water quality initiative fund for agriculture and a water quality initiative fund for communities, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-21 - Subcommittee, Dvorsky, Danielson, and Garrett. S.J. 760. [SF2302 Detail]
Download: Iowa-2015-SF2302-Introduced.html
Senate File 2302 - Introduced SENATE FILE BY HOGG A BILL FOR 1 An Act relating to the funding of the water quality initiative, 2 by supporting selected watersheds, making appropriations 3 to a water quality initiative fund for agriculture and a 4 water quality initiative fund for communities, and including 5 effective date provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5811XS (5) 86 da/lh PAG LIN 1 1 Section 1. Section 466B.2, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 2A. "Division" means the division of soil 1 4 conservation and water quality created within the department of 1 5 agriculture and land stewardship pursuant to section 159.5. 1 6 Sec. 2. Section 466B.3, subsection 6, Code 2016, is amended 1 7 by adding the following new paragraph: 1 8 NEW PARAGRAPH. d. The council shall solicit applications 1 9 from persons seeking to participate in a regional watershed and 1 10 clean water program created in section 466B.43. The council, 1 11 with assistance from the division and department, shall select 1 12 not more than two applications based on the following criteria: 1 13 (1) The watershed's immediate need for improved surface 1 14 water quality. 1 15 (2) The existence of political subdivisions and watershed 1 16 management authorities created pursuant to subchapter II, 1 17 actively engaged in water quality efforts. 1 18 (3) The degree to which the governing body of a watershed 1 19 management authority, political subdivision, or other political 1 20 unit demonstrates a willingness and has the resources to 1 21 participate in a program. 1 22 (4) The degree to which the regional watershed and clean 1 23 water program can attract additional funding from private and 1 24 public sources including federal funding. 1 25 Sec. 3. Section 466B.41, subsections 3 and 4, Code 2016, are 1 26 amended by striking the subsections. 1 27 Sec. 4. NEW SECTION. 466B.43 Water quality initiative == 1 28 regional watershed and clean water programs. 1 29 1. As part of the water quality initiative established 1 30 pursuant to section 466B.42, the division, in cooperation with 1 31 the department, shall administer three separate and distinct 1 32 regional watershed and clean water programs. A program 1 33 shall be established in each of the three following selected 1 34 watersheds: 1 35 a. Not more than two regional watersheds designated by the 2 1 water resources coordinating council. 2 2 b. The Raccoon river watershed. 2 3 2. The water quality goal of each regional watershed and 2 4 clean water program is to reduce nitrates, nitrites, or other 2 5 contaminants as designated by the division, in cooperation with 2 6 the department, in untreated surface waters of each selected 2 7 watershed so that by January 1, 2032, nitrates, nitrites, or 2 8 other designated contaminants in those surface waters do not 2 9 exceed the maximum contaminant levels established by the United 2 10 States environmental protection agency under the Safe Drinking 2 11 Water Act as defined in section 455B.291. 2 12 3. a. The division, in cooperation with the department, 2 13 shall adopt a regional watershed and clean water program 2 14 plan for each of the three selected watersheds described in 2 15 subsection 1. The plan shall do all of the following: 2 16 (1) To the extent feasible, use existing data and amend, 2 17 augment, and consolidate existing plans or strategies which 2 18 have improved or which promise to improve watershed management 2 19 strategies for the selected watershed. 2 20 (2) Provide water quality objectives to be achieved by 2 21 dates identified in the plan in order to meet the selected 2 22 watershed's water quality goal described in subsection 2. 2 23 (3) Provide a framework for improving water quality by 2 24 administering regional watershed and clean water projects. 2 25 b. The division shall cooperate with the department, 2 26 interested government bodies, landowners, and stakeholders in 2 27 adopting each regional watershed and clean water program plan. 2 28 The division, in cooperation with the department, shall conduct 2 29 public hearings throughout each selected watershed prior to and 2 30 during the duration of the watershed and clean water program in 2 31 order to do all of the following: 2 32 (1) Educate persons residing within the selected watershed 2 33 regarding the regional watershed and clean water program. 2 34 (2) Recruit persons to participate in regional watershed 2 35 and clean water projects. 3 1 (3) Receive comments regarding how to establish and improve 3 2 the program or administer the projects. 3 3 4. The division shall be responsible for the implementation 3 4 of regional watershed and clean water projects on cropland 3 5 and pastureland within each selected watershed. A project 3 6 may include but is not limited to in=field and edge=of=field 3 7 practices, wetland restoration and construction, vegetated 3 8 buffer strips, and other management practices. 3 9 5. The department, in cooperation with the division, shall 3 10 be responsible for the implementation of watershed and clean 3 11 water projects within cities and other communities within 3 12 each selected watershed. A project may include but is not 3 13 limited to improving wastewater, sewer and septic tank systems, 3 14 storm water drainage, or sewage treatment services for both 3 15 sewered and unsewered communities, including incorporated and 3 16 unincorporated communities. 3 17 6. In establishing and administering regional watershed 3 18 and clean water projects, the division and department shall 3 19 identify and actively seek participation from persons who 3 20 in the aggregate contribute at least ninety percent of the 3 21 maximum contaminant levels. A person may participate in a 3 22 project on a voluntary basis by entering into an agreement 3 23 with either the division under subsection 4 or the department 3 24 under subsection 5. An agreement may provide for the award of 3 25 financial incentives to the participating person, which may be 3 26 in the form of a loan, grant, or cost=share basis arrangement 3 27 as determined by the division or department who enters into the 3 28 agreement with the person. 3 29 7. The division, in cooperation with the department, shall 3 30 regularly monitor the surface water quality in each selected 3 31 watershed to measure progress in achieving the objectives 3 32 of the regional watershed and clean water program plan as 3 33 described in subsection 3. 3 34 8. a. The division, in cooperation with the department, 3 35 shall prepare and submit interim reports to the governor and 4 1 general assembly every two years beginning January 15, 2018, 4 2 and ending January 15, 2030. The division, in cooperation with 4 3 the department, shall prepare and submit a final report to the 4 4 governor and general assembly by January 15, 2032. 4 5 b. A report shall include all of the following: 4 6 (1) A description and update of the current status of the 4 7 regional watershed and clean water programs and projects, and 4 8 the expenditure of moneys appropriated to support the programs 4 9 and projects. 4 10 (2) An evaluation of the successes and failures of each 4 11 program and project in meeting the program's water quality 4 12 objectives and the water quality goal. If a program has failed 4 13 to meet an objective, the report shall recommend methods to 4 14 improve the program, including but not limited to amending 4 15 statutes, administrative rules, or the program's plan. 4 16 Sec. 5. Section 466B.45, subsections 1 and 3, Code 2016, are 4 17 amended to read as follows: 4 18 1. A water quality initiative fund for agriculture is 4 19 created in the state treasury under the management and control 4 20 of the division. 4 21 3. Moneys in the fund are appropriated to the division 4 22 and shall be used exclusively to carry out the provisions of 4 23 this subchapter as determined by the division, and shall not 4 24 require further special authorization by the general assembly. 4 25 The department may transfer moneys from this fund to the water 4 26 quality initiative fund for communities created in section 4 27 466B.45A and may reallocate moneys from this fund to support 4 28 regional watershed and clean water programs under section 4 29 466B.43 as necessary to accomplish the water quality objectives 4 30 identified in the regional watershed and clean water program 4 31 plan for that selected watershed. 4 32 Sec. 6. NEW SECTION. 466B.45A Water quality initiative fund 4 33 for communities. 4 34 1. A water quality initiative fund for communities is 4 35 created in the state treasury under the management and control 5 1 of the department. 5 2 2. The fund shall include moneys appropriated by the general 5 3 assembly. The fund may include other moneys available to and 5 4 obtained or accepted by the department, including moneys from 5 5 public or private sources. 5 6 3. Moneys in the fund are appropriated to the department 5 7 and shall be used exclusively to carry out the provisions of 5 8 this subchapter as determined by the department, and shall not 5 9 require further special authorization by the general assembly. 5 10 The department may transfer moneys from this fund to the water 5 11 quality initiative fund for agriculture created in section 5 12 466B.45 and may reallocate moneys from this fund to support 5 13 the regional watershed and clean water programs under section 5 14 466B.43 as necessary to accomplish the water quality objectives 5 15 identified in the regional watershed and clean water plan for 5 16 that selected watershed. 5 17 4. a. Notwithstanding section 12C.7, interest or earnings 5 18 on moneys in the fund shall be credited to the fund. 5 19 b. Notwithstanding section 8.33, moneys appropriated or 5 20 otherwise credited to the fund for a fiscal year shall not 5 21 revert to the fund from which appropriated at the close of the 5 22 fiscal year for which the appropriation was made but shall 5 23 remain available for expenditure for the purposes designated 5 24 until the close of the fiscal year that begins three years 5 25 from the beginning date of the fiscal year for which the 5 26 appropriation was made. 5 27 Sec. 7. APPROPRIATIONS == WATER QUALITY INITIATIVE == 5 28 REGIONAL WATERSHED AND CLEAN WATER PROGRAMS. 5 29 1. There is appropriated from the general fund of the 5 30 state to the soil conservation division of the department of 5 31 agriculture and land stewardship for the fiscal year beginning 5 32 July 1, 2015, and ending June 30, 2016, the following amount, 5 33 or so much thereof as is necessary, to be used for the purposes 5 34 designated: 5 35 For deposit into the water quality initiative fund for 6 1 agriculture as created in section 466B.45, as amended in this 6 2 Act, for purposes of administering regional watershed and clean 6 3 water programs, as provided in section 466B.43 as created in 6 4 this Act, including the implementation of regional watershed 6 5 and clean water projects on cropland and pastureland within 6 6 each selected watershed: 6 7 .................................................. $ 60,000,000 6 8 2. There is appropriated from the general fund of the state 6 9 to the department of natural resources for the fiscal year 6 10 beginning July 1, 2015, and ending June 30, 2016, the following 6 11 amount, or so much thereof as is necessary, to be used for the 6 12 purposes designated: 6 13 For deposit into the water quality initiative fund for 6 14 communities as created in section 466B.45A, as enacted in this 6 15 Act, for purposes of administering regional watershed and clean 6 16 water programs, as provided in section 466B.43 as created in 6 17 this Act, including the implementation of regional watershed 6 18 and clean water projects within cities and other communities 6 19 within each selected watershed: 6 20 .................................................. $ 30,000,000 6 21 3. Notwithstanding section 8.33, moneys appropriated for 6 22 the fiscal year beginning July 1, 2015, in this section that 6 23 remain unencumbered or unobligated at the close of the fiscal 6 24 year shall not revert but shall remain available to be used for 6 25 the purposes designated until January 1, 2032. 6 26 Sec. 8. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 6 27 immediate importance, takes effect upon enactment. 6 28 EXPLANATION 6 29 The inclusion of this explanation does not constitute agreement with 6 30 the explanation's substance by the members of the general assembly. 6 31 This bill relates to the state's water quality initiative 6 32 that provides for the assessment and reduction of nutrients 6 33 in this state's watersheds, including regional watersheds 6 34 (Code section 466B.42). The bill provides programs to support 6 35 three watersheds, including two regional watersheds selected 7 1 by the water resources coordinating council (Code section 7 2 466B.3 as amended) and the Raccoon river watershed. The bill 7 3 appropriates moneys for the fiscal year beginning July 1, 2015, 7 4 and ending June 30, 2016, to two funds: (1) the water quality 7 5 initiative fund for agriculture administered by the division of 7 6 soil conservation and water quality and (2) the water quality 7 7 initiative fund for communities administered by the department 7 8 of natural resources. The goal for each program is to reduce 7 9 nitrates, nitrites, or other contaminants designated by the 7 10 division so that by January 1, 2032, contaminants in surface 7 11 waters do not exceed the maximum contaminant levels established 7 12 by the United States environmental protection agency under the 7 13 Safe Drinking Water Act. The division, in cooperation with 7 14 the department, must prepare and submit interim reports to the 7 15 governor and general assembly every two years, with a final 7 16 report to be delivered January 15, 2032. 7 17 The bill takes effect upon enactment. LSB 5811XS (5) 86 da/lh
