Bill > HF2642

Introduced Session

GENERAL. This bill amends four Code chapters providing for soil and water conservation, water quality, and flood control primarily administered by the department of agriculture and land stewardship (DALS), the department of natural resources (DNR), and Iowa state university of science and technology (ISU). The Code chapters include Iowa’s “Soil Conservation Districts Law” (Code chapter 161A), the “Groundwater Protection Act” (Code chapter 455E), the “Initiative on Improving Our Watershed Attributes (I on IOWA)” (Code chapter 466), and the “Surface Water Protection and Flood Mitigation Act” (Code chapter 466B) which includes a number of subchapters, including surface water protection and flood mitigation (subchapter I), watershed management authorities (subchapter II), watershed planning activities (subchapter III), and water quality initiative —— nutrients (subchapter IV). The bill then transfers Code sections in Code chapters 466 and 466B to new Code chapter 467, including subchapters. SOIL CONSERVATION DISTRICTS LAW —— BACKGROUND. Code chapter 161A is administered by the soil conservation and water quality division (division) of DALS in cooperation with the state soil conservation and water quality committee and the commissioners (commissioners) of Iowa’s 100 soil and water conservation districts (districts) (Code section 161A.5). The Code chapter authorizes the payment of cost-share incentive payments to landowners voluntarily installing practices to control erosion and conserve water resources, and preserve or improve water quality. The installation of a soil and water conservation practice is designed to prevent erosion by wind or water in excess of the district’s soil loss limit, meaning the maximum amount of soil loss measured in tons per acre per year due to erosion determined by the commissioners to be acceptable in their district (Code section 161A.42). A soil and water conservation practice may be permanent, meaning that it has an existence of multiple crop years, or temporary, meaning that it has an existence of a single crop year. The division is responsible for providing funding to assist in the installation of a soil and water conservation practice (Code section 161A.73) and assisting each district in developing a district soil and water resource conservation plan (district plan) to meet its soil loss limit (Code sections 161A.4 and 161A.7). SOIL CONSERVATION DISTRICTS LAW (SOIL CONSERVATION AND WATER QUALITY AND SOIL HEALTH) —— BILL. The bill provides for efforts to improve soil health, defined as the continuing capacity of soil to function as a vital ecosystem that sustains plants, animals, and humans (Code section 161A.3). The bill provides that a district plan must provide for the improvement of soil health and that the division may support the establishment of soil and water conservation practices that improve soil health. SOIL CONSERVATION DISTRICTS LAW (TEMPORARY SOIL AND WATER CONSERVATION PRACTICES) —— BILL. The bill expands the definition of a temporary soil and water conservation practice to include the use of cover crops, no-tillage, the installation of an agriculture practice, silviculture practice, aquaculture practice, or permaculture practice, or the use of extended crop rotation or rotational grazing (Code section 161A.42). SOIL CONSERVATION DISTRICTS LAW/BLUFFLANDS PROTECTION —— BACKGROUND AND BILL. A blufflands protection program (Code section 161A.80A) and blufflands protection revolving fund were enacted in 2015 (2015 Iowa Acts, chapter 132, sections 45 and 46). The purpose of the program and fund is to make loans to conservation organizations purchasing bluffland properties adjacent to state public lands. The principal and interest from any loan made from the fund outstanding on July 1, 2025, that would have been payable to the fund must instead be payable to the rebuild Iowa infrastructure fund created in Code section 8.57 (Code section 161A.80B). The bill eliminates the program and fund on October 1, 2024. Under current law, the program and fund are to be eliminated on July 1, 2030. Until then, the administration of the program and fund are suspended other than as needed to wind up their affairs. Moneys in the fund are transferred to a new state parks and recreation areas operations fund under the control of DNR. The new fund is also supported by principal and interest on loans that would otherwise be paid into the eliminated fund or later to the rebuild Iowa infrastructure fund. For FY 2024-2025, moneys in the new fund are appropriated to support the purchase of interoperative park officer radios and improving accessibility to state parks and recreational areas by persons with disabilities. GROUNDWATER PROTECTION ACT (ANNUAL REPORT) —— BACKGROUND AND BILL. The declared policy of the state is to prevent groundwater contamination from point and nonpoint sources and to restore the state’s groundwater to a potable condition (Code section 455E.4). The bill amends the groundwater protection fund (Code section 455E.11). The fund receives moneys from various fees, is divided into several accounts, and moneys from the fund are distributed to various entities to carry out a stated purpose. DNR’s director is responsible for administering the fund and preparing a budget each year regarding the expenditure of moneys in the fund. The secretary of agriculture is required to submit a report to the governor on a biennial basis regarding past and future expenditures. The bill eliminates that requirement. INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) —— BACKGROUND AND BILL. The bill eliminates the provisions naming the Code chapter (Code section 466.1) and its purpose to develop a comprehensive water quality program that will result in water quality improvements while reducing proposed regulatory impacts (Code section 466.2). The bill also eliminates the clean water award administered by DALS and DNR (Code section 466.3). The bill revises the conservation buffer strip program administered by DALS (Code section 466.4). The bill eliminates a provision enacted as part of that program in 2000, setting a five-year goal of enrolling an additional 475,000 acres. It also strikes a subsection and reenacts it as a new stand-alone Code section requiring DNR to establish a prairie seed harvest program (Code section 466.4A). The bill revises the conservation reserve enhancement program established to restore or construct wetlands, administered by DALS (Code section 466.5). It eliminates a subsection enacted in 2000, setting a five-year goal of establishing 32,500 acres of wetlands. The bill does not amend a provision requiring DNR to operate water quality monitoring stations (Code section 466.6). The bill amends the Code section enacting the water quality protection program (Code section 466.7). That Code section includes nine subsections, each specifying responsibilities to be carried by DALS or DNR, with the first three of the nine subsections administered by DALS and the last six of the nine subsections administered by DNR. Subsection 1 provides for multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation, which is not revised. Subsection 2 provides for a statewide, voluntary farm management demonstration program which is eliminated. Subsection 3 provides financial assistance for the establishment of permanent soil and water conservation practices, which is also eliminated. The next three of the nine subsections, administered by DNR, relate to the collection or analysis of data for use in determining water quality on a watershed level. Subsection 4 provides for the collection and use of geographic information system data, which is not amended; subsection 5 requires DNR to support local volunteer management efforts; and subsection 6 requires DNR to support the analysis of water quality monitoring data. The provisions in each of these three subsections are eliminated and reenacted as subsections in a new Code section (Code section 466.7A). The last three of the nine subsections, administered by DNR, relate to the same powers exercised under Code chapter 455B, subchapter III, regulating water quality. Subsection 7 authorizes DNR to enter into contracts to assist its staff in reviewing national pollutant discharge elimination permit system (NPDES) permits; subsection 8 requires DNR to expand floodplain education; and subsection 9 requires DNR to develop a total maximum daily load (TMDL) program. All three of these final subsections are eliminated. The bill does not revise the on-site wastewater systems assistance program (Code section 466.8) or the on-site wastewater systems assistance fund (Code section 466.9), both administered by DNR. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT —— BACKGROUND. Code chapter 466B requires DALS, DNR, and ISU to administer programs providing measures to preserve and improve surface water and prevent or mitigate floods. The Code chapter is divided into the following subchapters: subchapter I providing for surface water protection and flood mitigation, first enacted in 2008 (2008 Iowa Acts, chapter 1034); subchapter II providing for watershed management authorities, first enacted in 2010 (2010 Iowa Acts, chapter 1116); subchapter III providing for watershed planning activities, also first enacted in that same Act; and subchapter IV providing for a water quality initiative and water quality initiative fund, first enacted in 2013 (2013 Iowa Acts, chapter 132), and the Iowa nutrient research center enacted in the same Act. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (GENERAL) —— BILL. The bill does not amend the Code chapter’s short title (Code section 466B.1). It amends the definitions Code section by eliminating two terms, “council” and “political subdivision”, that do not apply to the entire Code chapter (Code section 466B.2) and reenacts those terms in their relevant subchapters. The definition of the term “council” is enacted as a new Code section in the subchapter providing for surface water protection and the flood mitigation (Code section 466B.2A) and the definition of the term “political subdivision” is enacted in the subchapter providing for watershed management authorities (Code section 466B.21). SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER RESOURCES COORDINATING COUNCIL) —— BILL. The bill revises the purposes of the water resources coordinating council by eliminating a provision that refers to using an integrated approach of water resource management (Code section 466B.3). The bill strikes three subsections and reenacts them as new Code sections, including subsections 4 and 5 providing for the council’s membership, meetings, and quorums (Code section 466B.3A) and subsection 6 providing for the council’s powers and duties (Code section 466B.3B). The bill amends a provision authorizing DALS and DNR to adopt rules necessary to administer the Code chapter, including by eliminating provisions that refer to repealed Code sections (Code section 466B.9). Those repealed Code sections include legislative findings and a marketing campaign (Code section 466B.4), the creation of a regional watershed assessment, planning, and prioritization, administered by DNR (Code section 466B.5), the creation of community-based subwatershed improvement plans administered by DNR (Code section 466B.6), community-based subwatershed monitoring administered by DNR (Code section 466B.7), a wastewater and storm water infrastructure assessment administered by DNR (Code section 466B.8), efforts to form a chapter of the association of floodplain managers administered by the council (Code section 466B.10), and education provided to the general public regarding floodplains (Code section 466B.11). SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED MANAGEMENT AUTHORITIES) —— BACKGROUND. Two or more political subdivisions may enter into a Code chapter 28E agreement to participate in joint projects to improve watershed quality by forming an entity referred to as a watershed management authority (authority). The relevant provisions include definitions (Code section 466B.21), procedures to create an authority (Code section 466B.22), the duties of an authority (Code section 466B.23), the authority’s board of directors (Code section 466B.24), and the authority’s ability to coordinate its activities with DNR. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED MANAGEMENT AUTHORITIES) —— BILL. The bill changes the name of a watershed management authority to a watershed management partnership (partnership). The bill provides that a partnership may identify, plan for, and assess options to reduce the risk of flood in the watershed (Code section 466B.23). It also eliminates provisions in that Code section authorizing a partnership to assess water quality, and engage in education efforts regarding water quality. The bill authorizes a partnership to coordinate its efforts with DALS, DNR, councils of governments, a public drinking water utility, and a soil and water conservation district. The bill prohibits a partnership from allocating moneys for water quality, unless the moneys are expended consistent with the Iowa nutrient reduction strategy (see Code section 455B.171) or DNR’s Iowa storm water management manual. The name of the governing body is changed from a board of directors to a joint board in conformance with chapter 28E agreement requirements (Code section 28E.6). The bill eliminates requirements establishing a number of board members and their terms, cause for their removals, the designation of officers, and quorum requirements. The bill includes a temporary provision carrying over the terms of the board of directors and continuing actions taken by the board of directors. The bill eliminates the provision which expressly allows a partnership to coordinate its activities with DNR (Code section 466B.25). SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED PLANNING ADVISORY COUNCIL) —— BACKGROUND AND BILL. The watershed planning advisory council represents diverse stakeholders for purposes of reviewing research and making recommendations to various state entities regarding methods to protect water resources in the state, assure an adequate supply of water, mitigate and prevent floods, and coordinate the management of those resources in a sustainable, fiscally responsible, and environmentally responsible manner (Code section 466B.31). The bill eliminates the council. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER QUALITY INITIATIVE) —— BACKGROUND AND BILL. The water quality initiative is established in order to assess and reduce nutrients in this state’s watersheds, including subwatersheds and regional watersheds, and to implement programs to reduce nutrients in surface waters from nonpoint sources in a scientific, reasonable, and cost-effective manner (Code section 466B.42). The initiative is administered by DALS acting through the division. Information received by these entities that identifies participating landowners is confidential (Code section 466B.49). The division administers two water quality agriculture infrastructure programs, including an edge-of-field infrastructure program and an in-field infrastructure program (Code section 466B.43). The purpose of the programs is to support projects that reduce contributing nutrient loads, associated sediment, or contaminants to surface waters consistent with the Iowa nutrient reduction strategy. The division also administers an urban infrastructure program to support watershed projects that decrease erosion, precipitation-induced surface runoff, and storm water discharges and that increase water infiltration rates based on DNR’s Iowa’s storm water management manual (Code section 466B.44). Moneys deposited into the water quality initiative fund (Code section 466B.45) are used to support the initiative. The bill eliminates the term “fund” from the Code section defining terms in the subchapter since the subchapter includes two funds (Code section 466B.41). The bill does not revise the remaining Code sections other than to provide coordinating amendments due to their transfer to Code chapter 467. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (NUTRIENT RESEARCH) —— BACKGROUND AND BILL. The Iowa nutrient research center is established as part of ISU to pursue a science-based approach to nutrient management research that provides recommendations for the development and implementation of nutrient management practices (Code section 466.47). An Iowa nutrient research center advisory council recommends possible research issues for the center (Code section 466B.48). Moneys deposited into the Iowa nutrient research fund are used to support the initiative (Code section 466B.46). The bill does not revise the remaining Code sections other than to provide coordinating amendments due to their transfer to Code chapter 467. TRANSFERS. The bill provides that the amended or enacted Code sections in Code chapters 466 and 466B are to be transferred to new Code chapter 467 which is to be divided into five subchapters. The bill also makes a number of conforming changes by amending provisions which refer to repealed Code sections discussed above. Many of the conforming changes amend Code sections that provide sources of moneys used to support water quality initiative programs and the Iowa nutrient research center without making substantive changes. Sources of moneys used to support initiative programs include the groundwater protection fund (Code section 455E.11) and the water quality infrastructure fund (Code section 8.57B) that includes moneys from the rebuild Iowa infrastructure fund (Code section 8.57) and the water quality financial assistance fund (Code section 16.134A) financed from moneys generated from water service tax revenues (Code section 423G.6); and any future moneys from the soil conservation and water protection account (Code section 461.33) of the natural resources and outdoor recreation trust fund (Code section 461.31). Amended Code sections that provide sources of moneys used to support the center include the groundwater protection fund and the moneys collected from persons assessed civil penalties for violating animal feeding operation statutes and rules (Code sections 459.602, 459.603, 459.604, 459A.502, and 459B.402).

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Amendments H-8355, H-8356, H-8357, and H-8358 filed. H.J. 874. (on 04/18/2024)

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