Bill Text: IA SF386 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act relating to disaster mitigation and predisaster planning by providing for comprehensive watershed management planning, creating a watershed management grant program, providing floodplain management regulation incentives, creating a predisaster hazard mitigation grant program, and making appropriations. (Formerly SF 53.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF386 Detail]

Download: Iowa-2011-SF386-Introduced.html

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Senate File 386 - Introduced
SENATE FILE 386
BY COMMITTEE ON NATURAL
RESOURCES AND ENVIRONMENT
(SUCCESSOR TO SF 53)
A BILL FOR
An Act relating to disaster mitigation and predisaster
planning by providing for comprehensive watershed management
planning, creating a watershed management grant program,
providing floodplain management regulation incentives,
creating a predisaster hazard mitigation grant program, and
making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
COMPREHENSIVE WATERSHED
MANAGEMENT PLANNING
Section 1. NEW SECTION . 455B.263A Flood water reduction
planning.
1. In consultation with stakeholders representing
agriculture, local governments, environmental interests,
recreational interests, federal agencies, and any other related
interests, the department shall do all of the following:
a. Establish goals for reducing future flood damage through
the holding of flood waters measured in acre-feet of water
held.
b. Identify strategies for achieving flood water reduction
goals for at least six basins in the state and at least three
major river regions.
c. Identify specific flood water reduction projects that
can be implemented and the time frame for implementing such
projects.
d. Identify private, local, and federal funding sources for
flood water reduction projects and strategies.
e. Identify suggested land use strategies to avoid
identified flood hazards.
f. Identify agencies or entities within a basin or major
river region that will be responsible for implementing and
updating flood water reduction plans within each basin and
major river region.
Sec. 2. NEW SECTION . 455B.283 Comprehensive watershed
management planning —— appropriation.
For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, there is appropriated each fiscal year from
the general fund of the state to the department of natural
resources three million dollars for purposes of comprehensive
watershed management planning for at least six basins in the
state and at least three major river regions as determined by
the department. The department shall prioritize the planning
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for the basins and major river regions based on flood risk,
opportunity for improvement, and interest in planning from
entities within the basin or major river region. However, all
planning for at least six basins and at least three major river
regions shall be completed by June 30, 2021.
Sec. 3. WATER RESOURCES COORDINATING COUNCIL —— STUDIES.
1. The water resources coordinating council established
pursuant to section 466B.3 shall assess state programs and
funding for watershed management purposes for the effectiveness
of the programs in reducing flood damage and improving water
quality and the geographic distribution of funding. By
November 15, 2011, the council shall submit a report to the
general assembly detailing the council’s findings, conclusions,
and recommendations for future action.
2. The water resources coordinating council shall analyze
and assess incentives for landowners and developers in both
rural and urban settings to retain flood water on their
property. The incentives to be examined shall include but
not be limited to bounties for retention of flood water,
property tax incentives, and tradeable permits. By November
15, 2011, the council shall submit a report to the general
assembly detailing the council’s findings, conclusions, and
recommendations for future action.
DIVISION II
WATERSHED MANAGEMENT
GRANT PROGRAM
Sec. 4. NEW SECTION . 466B.41 Watershed management grant
program and fund —— appropriation.
1. The department of natural resources shall establish a
watershed management grant program for purposes of providing
financial assistance for voluntary watershed management
projects. The department shall provide administrative
assistance and support to the watershed management grant board
established in subsection 2.
2. A watershed management grant board is established
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consisting of the following members:
a. The director of the department of natural resources or
the director’s designee.
b. The secretary of agriculture or the secretary’s designee.
c. The administrator of the homeland security and emergency
management division of the department of public defense or the
administrator’s designee.
d. One member selected by the Iowa flood center at the
university of Iowa.
e. One member selected by the center for energy and
environmental education at the university of northern Iowa.
f. One member selected by the water center at Iowa state
university of science and technology.
g. The governor shall appoint the following members:
(1) One member representing agricultural producers.
(2) One member representing county conservation boards.
(3) One member representing soil and water conservation
districts.
(4) One member representing city governments.
(5) One member representing environmental interests.
3. All member appointments made pursuant to subsection 2,
paragraph “g” , shall comply with sections 69.16, 69.16A, and
69.16C, and shall be subject to confirmation by the senate.
All members appointed pursuant to subsection 2, paragraph “g” ,
shall be appointed to three-year staggered terms, and the terms
shall commence and end as provided by section 69.19. If a
vacancy occurs, a successor shall be appointed to serve the
unexpired term. A successor shall be appointed in the same
manner and subject to the same qualifications as the original
appointment. During the first meeting of each new fiscal year,
the board shall elect one member to serve as the chairperson.
A majority of the board constitutes a quorum.
4. The watershed management grant board shall meet at least
twice a year for purposes of considering applications and
awarding financial assistance under the watershed management
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grant program. In making grant awards for watershed management
projects under the program, the board shall consider all of the
following criteria:
a. The project must be designed to hold a demonstrable
amount of water during flood events measured in acre-feet of
water.
b. The project must be a voluntary project that does not
involve condemnation of property.
c. Additional consideration shall be given to applications
that contain any of the following:
(1) Projects identified or recognized through comprehensive
watershed management plans.
(2) Projects that leverage federal moneys through programs
including but not limited to the federal wetland reserve
program, the federal emergency watershed protection program,
the federal farm and ranch lands protection program, and the
federal conservation reserve program.
(3) Projects that leverage private or local moneys.
5. A watershed management grant program fund is created
in the state treasury under the control of the department of
natural resources and consisting of any moneys appropriated
by the general assembly and any other moneys available to and
obtained or accepted by the department for placement in the
fund. The fund shall be used to provide grants under the
watershed management grant program established in this section.
Moneys in the fund are not subject to section 8.33 and shall
not be transferred, used, obligated, appropriated, or otherwise
encumbered except as provided in this section.
6. For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, there is appropriated each fiscal year from the
general fund to the department of natural resources thirty
million dollars for deposit in the watershed management grant
program fund.
7. The department of natural resources shall adopt rules
pursuant to chapter 17A necessary for the administration of
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this subchapter.
DIVISION III
MISCELLANEOUS APPROPRIATIONS
Sec. 5. NEW SECTION . 161C.8 Technical assistance.
For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, there is appropriated each fiscal year from
the general fund to the department of agriculture and land
stewardship four million two hundred thousand dollars for
purposes of providing watershed project technical assistance.
Assistance may be provided to landowners, soil and water
conservation districts, county conservation boards, and the
department of natural resources.
Sec. 6. NEW SECTION . 455B.284 Floodplain management ——
appropriation.
1. For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, there is appropriated each fiscal year from the
general fund to the department of natural resources two million
dollars for purposes of floodplain management activities.
2. For the fiscal period beginning July 1, 2011, and
ending June 30, 2021, there is appropriated each fiscal year
from the general fund to the department of natural resources
fifty thousand dollars for purposes of providing a grant to
an organization for the establishment of a mentor network for
floodplain managers that fosters dialogue, education, and
technical support to floodplain managers to assist cities and
counties in the establishment of federally compliant floodplain
programs. The organization must be an organization by and
consisting of local floodplain managers.
Sec. 7. NEW SECTION . 466C.2 Appropriation.
For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, there is appropriated each fiscal year from the
general fund to the state board of regents one million three
hundred thousand dollars for purposes of the Iowa flood center.
DIVISION IV
FLOODPLAIN MANAGEMENT
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REGULATION INCENTIVES
Sec. 8. NEW SECTION . 29C.23 Local disaster planning.
1. The homeland security and emergency management division
of the department of public defense, in consultation with the
department of natural resources, shall educate cities and
counties regarding the community rating system of the national
flood insurance program of the federal emergency management
agency.
2. The homeland security and emergency management division
of the department of public defense shall provide state
matching funds in addition to matching funds provided under
section 29C.20, subsection 3, but not to exceed an additional
fifteen percent, to communities located within an area declared
to be a disaster area due to flooding in a declaration issued
by the president of the United States or the governor based on
the extent to which the community meets any of the following
criteria:
a. Adoption of exemplary floodplain management regulations
under the community rating system of the national flood
insurance program of the federal emergency management agency or
participation in a watershed management authority.
b. Participation in a comprehensive watershed management
planning process that has resulted in a completed comprehensive
watershed management plan.
c. Adoption of floodplain regulation at levels more
protective than the one hundred year floodplain.
d. Completion of projects to flood proof critical facilities
located within a five hundred year floodplain.
e. Adoption of soil restoration standards for development.
f. Adoption of storm water management standards equal to the
department of natural resources storm water management manual.
g. Adoption of superior predisaster hazard mitigation plans.
3. The homeland security and emergency management division
of the department of public defense shall adopt rules pursuant
to chapter 17A as necessary for the administration of this
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section.
DIVISION V
PREDISASTER HAZARD
MITIGATION GRANT PROGRAM
Sec. 9. NEW SECTION . 29C.24 Predisaster hazard mitigation
grant program and fund —— appropriation.
1. The homeland security and emergency management
division of the department of public defense shall establish
a predisaster hazard mitigation grant program for purposes of
providing financial assistance for predisaster planning. The
division shall provide administrative assistance and support to
the predisaster hazard mitigation grant board established in
subsection 2.
2. A predisaster hazard mitigation grant board is
established consisting of the following members:
a. The director of the department of natural resources or
the director’s designee.
b. The director of the Iowa finance authority or the
director’s designee.
c. The administrator of the homeland security and emergency
management division of the department of public defense or the
administrator’s designee.
d. The director of the department of economic development or
the director’s designee.
e. The governor shall appoint the following members:
(1) One member representing city governments.
(2) One member representing county governments.
(3) Three members with expertise in finance, engineering,
or construction.
3. All member appointments made pursuant to subsection 2,
paragraph “e” , shall comply with sections 69.16, 69.16A, and
69.16C, and shall be subject to confirmation by the senate.
All members appointed pursuant to subsection 2, paragraph “e ”,
shall be appointed to three-year staggered terms and the terms
shall commence and end as provided by section 69.19. If a
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vacancy occurs, a successor shall be appointed to serve the
unexpired term. A successor shall be appointed in the same
manner and subject to the same qualifications as the original
appointment. During the first meeting of each new fiscal year,
the board shall elect one member to serve as the chairperson.
A majority of the board constitutes a quorum.
4. The predisaster hazard mitigation grant board shall meet
at least twice a year for purposes of considering applications
and awarding financial assistance under the predisaster hazard
mitigation grant program to cities and counties. In making
grant awards under the program, the board shall consider all of
the following criteria:
a. The project must reduce projected damage from anticipated
future disasters.
b. The project must propose leveraging federal, local, or
private moneys.
5. A predisaster hazard mitigation grant program fund
is created in the state treasury under the control of the
department of natural resources and consisting of any moneys
appropriated by the general assembly and any other moneys
available to and obtained or accepted by the department for
placement in the fund. The fund shall be used to provide
grants under the predisaster hazard mitigation grant program
established in this section. Moneys in the fund are not
subject to section 8.33 and shall not be transferred, used,
obligated, appropriated, or otherwise encumbered except as
provided in this section.
6. For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, there is appropriated each fiscal year from the
general fund to the homeland security and emergency management
division of the department of public defense twenty million
dollars for deposit in the predisaster hazard mitigation grant
program fund.
7. The homeland security and emergency management division
of the department of public defense shall adopt rules pursuant
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to chapter 17A necessary for the administration of this
section.
EXPLANATION
This bill relates to disaster mitigation and predisaster
planning by providing for comprehensive watershed management
planning, creating a watershed management grant program,
providing floodplain management regulation incentives, creating
a predisaster hazard mitigation grant program, and making
appropriations. The bill is divided into divisions.
COMPREHENSIVE WATERSHED MANAGEMENT PLANNING. The division
requires the department of natural resources to consult with
certain stakeholders to establish goals for reducing future
flood damage through the holding of flood waters measured in
acre-feet of water held, to identify strategies for achieving
flood water reduction goals for at least six basins and at
least three major river regions, to identify specific flood
water reduction projects that can be implemented and the time
frame for implementing such projects, to identify private,
local, and federal funding sources for flood water reduction
projects and strategies, to identify suggested land use
strategies to avoid identified flood hazards, and to identify
certain agencies or entities to be responsible for implementing
and updating flood water reduction plans.
For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, the division appropriates each fiscal year from
the general fund of the state to the department of natural
resources $3 million for purposes of comprehensive watershed
management planning for at least six basins in the state and
at least three major river regions. The bill requires the
planning to be prioritized based on certain criteria.
The division requires the water resources coordinating
council to submit two reports to the general assembly by
November 15, 2011. The reports relate to an assessment of
state programs and funding for watershed management purposes
and an assessment of incentives for landowners and developers
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in both the rural and urban settings to retain flood water on
their property.
WATERSHED MANAGEMENT GRANT PROGRAM. The division creates
a watershed management grant program and fund for purposes
of providing financial assistance for voluntary watershed
projects. Under the program, grants are awarded by a watershed
management grant board created in the division. The board is
required to meet at least twice a year and in making the awards
is required to consider certain criteria. The criteria include
that the project must be designed to hold a demonstrable amount
of water during flood events measured in acre-feet of water and
the project must be a voluntary project that does not involve
condemnation of property. Additional consideration is given
to applications that are identified or recognized through
comprehensive watershed management plans, that leverage certain
federal moneys, or that leverage private or local moneys. For
the fiscal period beginning July 1, 2011, and ending June 30,
2021, the division appropriates each fiscal year from the
general fund to the department of natural resources $30 million
for deposit in the watershed management grant program fund for
use under the program. The division requires the department of
natural resources to adopt administrative rules for the program
and requires the department to provide administrative support
to the board.
MISCELLANEOUS APPROPRIATIONS. For the fiscal period
beginning July 1, 2011, and ending June 30, 2021, the division
appropriates each fiscal year from the general fund to the
department of agriculture and land stewardship $4.2 million for
purposes of providing watershed project technical assistance
to landowners, soil and water conservation districts, county
conservation boards, and the department of natural resources.
For the fiscal period beginning July 1, 2011, and ending June
30, 2021, the division appropriates each fiscal year from the
general fund to the department of natural resources $2 million
for purposes of floodplain management activities.
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For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, the division appropriates each fiscal year from
the general fund to the department of natural resources $50,000
for purposes of providing a grant to an organization for the
establishment of a mentor network for floodplain managers
that fosters dialogue, education, and technical support to
floodplain managers to assist cities and counties in the
establishment of federally compliant floodplain programs.
For the fiscal period beginning July 1, 2011, and ending
June 30, 2021, the division appropriates each fiscal year from
the general fund to the state board of regents $1.3 million for
purposes of the Iowa flood center.
FLOODPLAIN MANAGEMENT REGULATION INCENTIVES. The division
requires the homeland security and emergency management
division of the department of public defense, in consultation
with the department of natural resources, to educate cities
and counties regarding the community rating system of the
national flood insurance program of the federal emergency
management agency. The division requires the homeland security
and emergency management division to provide state matching
moneys in addition to certain other matching funds, but not to
exceed an additional 15 percent, to communities within an area
declared to be a disaster area due to flooding in a declaration
issued by the president of the United States or the governor
when the community meets one of several listed criteria.
PREDISASTER HAZARD MITIGATION GRANT PROGRAM. The division
requires the homeland security and emergency management
division of the department of public defense to establish a
predisaster hazard mitigation grant program for purposes of
providing financial assistance for predisaster planning. The
division creates a predisaster hazard mitigation grant board
that is required to meet at least twice a year for purposes of
considering grant applications. In making grant awards under
the program, the board is required to consider projects that
must reduce projected damage from anticipated future disasters
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and propose leveraging federal, local, and private moneys.
For the fiscal period beginning July 1, 2011, and ending June
30, 2021, the division appropriates each fiscal year from the
general fund to the homeland security and emergency management
division $20 million for deposit in the predisaster hazard
mitigation grant program fund for use under the program. The
homeland security and emergency management division is required
to adopt administrative rules for purposes of the program and
to provide administrative support to the board.
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