Iowa-2015-SF2302-Introduced
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:
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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.
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