Amendment H-1201 to HF 666

Filed April 11, 2023 in the House by

What it changes

1. Page 13, after line 20 by inserting: “DIVISION ___ MANAGEMENT OF SOIL AND WATER RESOURCES Sec. ___. Section 161A.2, Code 2023, is amended to read as follows: 161A.2 Declaration of policy. It is hereby declared to be the policy of the legislature to integrate the conservation of soil and water resources into the production of agricultural commodities to insure the long-term protection of the soil and water resources of the state of Iowa, and to encourage the development of farm management and agricultural practices that are consistent with the capability of the land to sustain agriculture, and thereby to preserve natural resources , ; promote soil health; control floods , ; prevent the impairment of dams and reservoirs , ; assist and maintain the navigability of rivers and harbors , ; preserve wildlife , ; protect the tax base , ; protect public lands ; and promote the health, safety , and public welfare of the people of this state. Sec. ___. Section 161A.3, Code 2023, is amended by adding the following new subsections: NEW SUBSECTION . 9A. “Iowa nutrient reduction strategy” means the same as defined in section 455B.171. NEW SUBSECTION . 12A. “Point source” means the same as defined in section 455B.171. NEW SUBSECTION . 12B. “Soil health” means the continuing capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. Sec. ___. Section 161A.4, subsection 2, paragraph g, Code 2023, is amended to read as follows: g. To assist each soil and water conservation district in developing a district soil and water resource conservation plan as provided under section 161A.7 . The plan shall be developed according to rules adopted by the division to preserve and protect the public interest in the soil and water resources of this state for future generations and for this purpose to encourage, promote, facilitate, and where such public interest requires, to mandate the conservation and proper control of and use of the soil and water resources of this state, by measures including but not limited to the control of floods, the control of erosion by water or by wind, the improvement of soil health, the preservation of the quality of water for its optimum use for agricultural, irrigation, recreational, industrial, and domestic purposes, all of which shall be presumed to be conducive to the public health, convenience, and welfare, both present and future. Sec. ___. Section 161A.7, subsection 1, paragraphs d, f, h, and m, Code 2023, are amended to read as follows: d. To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid assistance to any agency, governmental or otherwise, or any owner or occupier of lands within the district, in the carrying on of including by doing any of the following: (1) Carrying out erosion-control and watershed protection and flood prevention operations within the district, subject to such conditions as the commissioners may deem necessary to advance the purposes of this chapter . (2) Carrying out projects or operations within the district, as provided in paragraph “p” , subject to such conditions as the commissioners may provide to advance the purposes of this chapter. f. To make available on such terms as it shall prescribe, to landowners or occupiers within the district , ; agricultural and engineering machinery and equipment, fertilizer, lime, and such other material or equipment as will assist such landowners or occupiers to carry on operations upon their lands for the conservation of soil resources and the improvement of soil health; and for the prevention and control of soil erosion and for the prevention of erosion, floodwater, and sediment damages. h. To develop comprehensive plans for the conservation of soil resources and the improvement of soil health; for the control and prevention of soil erosion ; and for the prevention of erosion, floodwater, and sediment damages within the district , which . The comprehensive plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in the use of land ; and to . The district shall publish such plans and information and bring them to the attention of owners and occupiers of lands within the district. m. To encourage local school districts to provide instruction in the importance of and in some of the basic methods of soil conservation and healthy soil practices , as a part of course work relating to agriculture, the conservation of natural resources , and environmental awareness as required in rules adopted by the state board of education pursuant to section 256.11, subsections 3 and 4 through 5 , and to offer technical assistance to schools in developing such instructional programs. Sec. ___. Section 161A.7, subsection 1, paragraph n, subparagraph (1), subparagraph divisions (a) and (b), Code 2023, are amended to read as follows: (a) Assessing the condition of soil and surface water in the district, including an evaluation of the type, amount, and quality of soil and water , ; the threat of soil erosion and erosion, floodwater, and sediment damages , ; and necessary preventative , restoration, and control measures. (b) Developing methods to maintain or improve soil health and water condition quality . Sec. ___. Section 161A.7, subsection 1, Code 2023, is amended by adding the following new paragraph: NEW PARAGRAPH . p. To carry out soil erosion prevention and mitigation, watershed protection or improvement, water resource restoration, flood prevention or control, and water quality protection projects and operations, within the district. The water quality protection projects and operations may include but are not limited to efforts to maintain, protect, and improve the quality of surface water and groundwater from point sources and nonpoint sources, including by doing any of the following: (1) Reducing or preventing pollution caused by access to agricultural drainage or sinkholes, sedimentation, or chemical pollutants. (2) Reducing nutrients and other pollutants in or from surface water and groundwater. (3) Reducing or eliminating nutrient loads from surface water or groundwater. (4) Achieving or furthering any of the objectives, goals, and targets described in the Iowa nutrient reduction strategy. Sec. ___. Section 161A.13, Code 2023, is amended to read as follows: 161A.13 Purpose of subdistricts. Subdistricts of a soil and water conservation district may be formed as provided in this chapter for the purposes of carrying out watershed protection and flood prevention programs to carry out the same purposes of the district under section 161A.7, within the territory of the subdistrict but shall not be formed solely for the purpose of establishing or taking over the operation of an existing drainage district. Sec. ___. Section 161A.42, subsection 9, paragraph b, Code 2023, is amended to read as follows: b. “Temporary soil and water conservation practices” means the planting of annual or biennial crops , ; the use of strip-cropping, cover cropping, or contour planting , or ; the use of no-tillage, minimum or tillage, or mulch tillage , and ; the use of an agriculture practice, silviculture practice, aquaculture practice, or permaculture practice; the use of extended crop rotations or rotational grazing; or the use of any other cultural practices practice approved by the committee. Sec. ___. Section 161A.53, Code 2023, is amended to read as follows: 161A.53 Cooperation with other agencies. Soil and water conservation districts may enter into agreements with the federal government or an agency of the federal government, as provided by state law, or with the state of Iowa or an agency of the state, any other soil and water conservation district, or any other political subdivision of this state, for cooperation in preventing, controlling, or attempting to prevent or control soil erosion , improving or attempting to improve soil health, or performing a soil health assessment . Soil and water conservation districts may accept, as provided by state law, money disbursed for soil erosion control purposes by the federal government or an agency of the federal government, and expend the money for the purposes for which it was received. Sec. ___. Section 161A.73, subsection 1, paragraph b, Code 2023, is amended to read as follows: b. The allocation of moneys as financial incentives provided for the purpose of establishing management practices to control prevent and mitigate soil erosion on land that is row cropped and promote soil health , including but not limited to cover crops, no-till planting, ridge-till planting, contouring, and contour strip-cropping. The division shall by rule establish limits on the amount of incentives which shall be authorized for payment to landowners upon establishment of the practice. Sec. ___. Section 161C.1, Code 2023, is amended by adding the following new subsections: NEW SUBSECTION .
2. “Authorized project” means a project that is carried out to support any of the following: a. Soil erosion prevention and mitigation. b. Watershed protection or improvement. c. Water resource restoration. d. Flood prevention or control. e. Water quality protection practices. f. Water quality projects and operations, including as required to achieve or further any of the objectives, goals, and targets described in the Iowa nutrient reduction strategy. g. Soil health protection and improvement. NEW SUBSECTION . 4A. “Financial partner” means a public agency or private agency, as those terms are defined in section 28E.2, that provides funding to persons through loans, forgivable loans, grants, or other financial instruments. NEW SUBSECTION . 4B. “Iowa nutrient reduction strategy” means the same as defined in section 455B.171. NEW SUBSECTION . 5A. “Nonpoint source” means any source of pollution other than a point source. NEW SUBSECTION . 5B. “Point source” means the same as defined in section 455B.171. Sec. ___. Section 161C.2, subsection 1, paragraph a, Code 2023, is amended to read as follows: a. Each A soil and water conservation district, alone and whenever practical in conjunction with other districts , or financial partners, shall carry out individual, district-wide , and multiple-district projects to support water protection practices in the district or districts , including but not limited to authorized projects to protect this state’s groundwater and surface water from point sources and nonpoint sources of contamination, including but not limited to contamination by agricultural drainage wells, sinkholes, sedimentation, or chemical pollutants . The projects and operations include but are not limited to practices or other efforts to reduce pollution caused by access to agricultural drainage wells or sinkholes, sedimentation, or chemical pollutants, as described in the Iowa nutrient reduction strategy. Sec. ___. Section 161C.3, Code 2023, is amended to read as follows: 161C.3 Cooperation with other agencies financial partners . Soil A soil and water conservation districts district may enter into agreements an agreement with the United States federal government , as provided by state law, or with the state of Iowa or any agency of the state, any other soil and water conservation district, or other political subdivision of this state, or a financial partner, for cooperation in preventing, controlling, or attempting to prevent or control contamination the pollution of groundwater or surface water or groundwater by point sources and nonpoint sources of pollution . Soil and water conservation districts may accept, as provided by state law, any money disbursed for water quality preservation purposes by the federal government or any agency of the federal government, and expend the money for the purposes for which it was received. Sec. ___. Section 161E.1, Code 2023, is amended to read as follows: 161E.1 Authority of board.
3. a. If a county, soil and water conservation district, a subdistrict of a soil and water conservation district, political subdivision of the state, or other local agency , or a financial partner engages or in, participates in a project for flood or erosion control, flood prevention , or carries out an authorized project, including but not limited to a water quality project or operation , or engages in, participates in, or carries out a project for the conservation, development, utilization, and disposal of water, in cooperation with the federal government, or a department or agency of the federal government, the counties in which the project is carried on out may , act through the board of supervisors, construct, or under a chapter 28E or 28F agreement, to do any of the following: (1) Construct, operate, and maintain the project on lands under the control or jurisdiction of the county dedicated to county use , or furnish . (2) Furnish financial and other assistance in connection with the projects. Flood, soil erosion control, and watershed improvement b. Authorized projects , including but not limited to water quality projects and operations, are presumed to be for the protection of the tax base of the county, for the protection of public roads and lands, and for the protection of the public health, sanitation, safety, and general welfare. Sec. ___. NEW SECTION . 161E.1A Definitions. As used in this chapter, unless the context otherwise requires:
4. “Authorized project” means the same as defined in section 161C.1.
5. “Financial partner” means the same as defined in section 161C.1.
6. “Iowa nutrient reduction strategy” means the same as defined in section 455B.171. Sec. ___. Section 161E.2, Code 2023, is amended to read as follows: 161E.2 Federal aid assistance . A county may, in accordance with this chapter , accept federal funds for aid moneys to assist in a supporting an authorized project for flood or soil erosion control, flood prevention , or the conservation, development, utilization, and disposal of water , and . A county may cooperate with the federal government or a department or agency of the federal government, a soil and water conservation district, subdistrict of a soil and water conservation district, political subdivision of the state, or other local agency , and the . The county may assume a proportion of the cost of the authorized project as deemed appropriate, and may assume the maintenance cost of the project on lands under the control or jurisdiction of the county which will not be discharged by federal aid assistance or grant. Sec. ___. Section 161E.3, Code 2023, is amended to read as follows: 161E.3 Cooperation. The counties, soil and water conservation districts, and subdistricts of soil and water conservation districts concerned, shall advise and consult with each other, upon the request of any of them or any affected landowners, and may cooperate with each other or with other state subdivisions or instrumentalities, and affected landowners, as well as with the federal government or a department or agency of the federal government, or with a financial partner, to construct, operate, and maintain suitable authorized projects for flood or soil erosion control, flood prevention , including but not limited to water quality projects and operations , or the conservation, development, utilization, and disposal of water on public roads or other public lands or other land granted county use. Sec. ___. Section 161E.5, Code 2023, is amended to read as follows: 161E.5 Maintenance cost. If construction of projects has been completed by the soil and water conservation district, subdistricts a subdistrict of the soil and water conservation districts district , a political subdivisions subdivision of the state, or other local agencies agency , or the federal government, or a department or agency of the federal government, on private lands under the easement granted to the county, only the cost of maintenance may be assumed by the county. Sec. ___. NEW SECTION . 161F.2A Board of supervisors to establish districts —— water quality improvement. The board of supervisors may establish, subject to the provisions of this chapter, a district in the county with the purpose of improving water quality. The district may be part of a district established pursuant to section 161F.2. Sec. ___. Section 161F.3, Code 2023, is amended to read as follows: 161F.3 Combination of functions. Such districts shall have the power to combine in their functions activities affecting soil conservation, flood control , and drainage, soil health, water quality improvement, or any of these objects, singly or in combination with another. Sec. ___. CODE EDITOR DIRECTIVE.
7. The Code editor is directed to make the following transfers: a. Section 161E.1A, as enacted in this division of this Act, to section 161E.1. b. Section 161E.1, as amended in this division of this Act, to section 161E.1A.
8. The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.”
9. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book