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Amendments › HF 2574

Amendment H-8279 to HF 2574

Relating to boards, commissions, committees, councils, and other entities of state government, and including transition provisions

Withdrawn · April 16, 2024Strike everything: replaces the whole bill

Filed April 8, 2024 in the House by

What it changes

  1. By striking everything after the enacting clause and inserting: “DIVISION I SOIL CONSERVATION AND WATER QUALITY COMMITTEE Section
  2. Section 159.5, subsection 12, Code 2024, is amended to read as follows:
  3. Create and maintain a division of soil conservation and water quality as provided in chapter 161A . The division’s director shall be appointed by the secretary from a list of names of persons recommended by the soil conservation and water quality committee, pursuant to section 161A.4 , and shall serve at the pleasure of the secretary. The director shall be the administrator responsible for carrying out the provisions of chapters 207 and 208 . Sec.
  4. Section 161A.3, subsection 4, Code 2024, is amended to read as follows:
  5. “Committee” means the state soil conservation and water quality committee established in section 161A.4 161A.4A . Sec.
  6. Section 161A.4, subsections 1, 6, and 7, Code 2024, are amended to read as follows:
  7. The division of soil conservation and water quality created within the department pursuant to section 159.5 shall perform the functions conferred upon it in this chapter and chapters 161C , 161E , 161F , 207 , and 208 , and 466B . The division shall be administered in accordance with the policies of the committee, which shall advise the division and which shall approve administrative rules proposed by the division for the administration of this chapter and chapters 161C , 161E , 161F , 207 , and 208 before the rules are adopted pursuant to section 17A.5 . If a difference exists between the committee and secretary regarding the content of a proposed rule, the secretary shall notify the chairperson of the committee of the difference within thirty days from the committee’s action on the rule. The secretary and the committee shall meet to resolve the difference within thirty days after the secretary provides the committee with notice of the difference.
  8. a. The committee division may perform acts, hold public hearings, and propose and approve rules pursuant to chapter 17A as necessary for the execution of its functions. b. The committee shall recommend to the secretary each year a budget for the division. The secretary, at the earliest opportunity and prior to formulating a budget, shall meet with representatives of the committee to discuss the committee’s recommendation. c. The committee shall recommend three persons to the secretary of agriculture who shall appoint from the persons recommended a director to head the division and serve at the pleasure of the secretary. After reviewing the names submitted, the secretary may request that the committee submit additional names for consideration.
  9. The committee or division may call upon the attorney general of the state for necessary legal services. The committee may delegate to its chairperson, to one or more of its members, or to one or more agents or employees, powers and duties as it deems proper. Upon request of the committee, for the purpose of carrying out any of the functions assigned the committee or the department by law, the supervising officer of any state agency, or of any state institution of learning shall, insofar as possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail the request to the staff or personnel of the agency or institution of learning, and make the special reports, surveys, or studies as the committee requests. Sec.
  10. Section 161A.4, subsections 4 and 5, Code 2024, are amended by striking the subsections. Sec.
  11. NEW SECTION . 161A.4A State soil conservation and water quality committee.
  12. A state soil conservation and water quality committee is established within the department. The committee exists to provide expert advice and consultation related to technical and financial assistance programs administered by the division and promote the installation of soil and water conservation practices to the citizens of the state of Iowa. a. The members of the committee shall be appointed by the secretary of agriculture and shall include the following: (1) Six of the members shall be persons engaged in actual farming operations, each of whom shall be a resident of one of six different geographic regions in the state, including northwest, southwest, north central, south central, northeast, and southeast Iowa. One member shall be actively engaged in tree farming. The boundaries of the geographic regions shall be established by the department by rule. (2) One member shall be an elected commissioner from a soil and water conservation district. (3) One member shall be a representative of the mining industry. (4) One member shall be a representative of cities and towns. (5) One member shall be a representative of an organization working in conservation or outdoor recreation. (6) One member shall be a representative of agribusiness. (7) One member shall be a representative of an engineering or contracting business engaged in conservation work. b. The following shall serve as ex officio, nonvoting members of the committee: (1) The director of the Iowa cooperative extension service in agriculture and home economics, or the director’s designee. (2) The director of the department of natural resources, or the director’s designee. (3) The state conservationist for the state of Iowa of the natural resources conservation service.
  13. a. The committee shall designate its chairperson, and may change the designation. The members appointed by the secretary of agriculture shall serve for a period of two years. Members designated to represent the director of the department of natural resources and the director of the Iowa cooperative extension service in agriculture and home economics shall serve at the pleasure of the officer making the designation. b. Members are entitled to actual expenses necessarily incurred in the discharge of their duties as members of the committee. The expenses paid to the committee members shall be paid from moneys appropriated to the department. Each member of the committee may also be eligible to receive compensation as provided in section 7E.6. The committee shall provide for the keeping of a full and accurate record of all proceedings. Sec.
  14. Section 161A.5, subsection 1, Code 2024, is amended to read as follows:
  15. The one hundred soil and water conservation districts established in the manner which was prescribed by law prior to July 1, 1975 shall continue in existence with the boundaries and the names in effect on July 1,
  16. If the existence of a district so established is discontinued pursuant to section 161A.10 , a petition for reestablishment of the district or for annexation of the former district’s territory to any other abutting district may be submitted to, and shall be acted upon by, the committee division in substantially the manner provided by section 467A.5, Code 1975 . Sec.
  17. Section 161A.5, subsection 2, paragraph c, Code 2024, is amended to read as follows: c. If a commissioner is absent for sixty or more percent of monthly meetings during any twelve-month period, the other commissioners by their unanimous vote may declare the member’s office vacant. A vacancy in the office of commissioner shall be filled by appointment of the committee remaining members of the district until the next succeeding general election, at which time the balance of the unexpired term shall be filled as provided by section 69.12 . Within thirty days of an appointment pursuant to this paragraph, the district shall notify the division of any change to its membership. Sec.
  18. Section 161A.7, subsection 1, paragraph k, Code 2024, is amended to read as follows: k. Subject to the approval of the committee division , to change the name of the soil and water conservation district. Sec.
  19. Section 161A.7, subsection 1, paragraph n, subparagraph (1), unnumbered paragraph 1, Code 2024, is amended to read as follows: The district plan shall contain a comprehensive long-range assessment of soil and surface water resources in the district consistent with rules approved by the committee division under section 161A.4 . In developing the plan the district may receive technical support from the United States department of agriculture natural resources conservation service and the county board of supervisors in the county where the district is located. The division and the Iowa cooperative extension service in agriculture and home economics may provide technical support to the district. The support may include but is not limited to the following: Sec.
  20. Section 161A.7, subsection 1, paragraph n, subparagraph (2), Code 2024, is amended to read as follows: (2) The title page of the district plan and a notification stating where the plan may be reviewed shall be recorded with the recorder in the county in which the district is located, and updated as necessary, after the committee director of the division approves and the director of the division signs the district plan. The commissioners shall provide notice of the recording and may provide a copy of the approved district plan to the county board of supervisors in the county where the district is located. The district plan shall be filed with the division as part of the state soil and water resource conservation plan provided in section 161A.4 . Sec.
  21. Section 161A.7, subsection 3, Code 2024, is amended to read as follows:
  22. The commissioners, as a condition for the receipt of any state cost-sharing funds for permanent soil conservation practices, shall require the owner of the land on which the practices are to be established to covenant and file, in the office of the district of the county in which the land is located, an agreement identifying the particular lands upon which the practices for which state cost-sharing funds are to be received will be established, and providing that the project will not be removed, altered, or modified so as to lessen its effectiveness without the consent of the commissioners, obtained in advance and based on guidelines drawn up by the committee division , for a period not to exceed twenty years after the date of receiving payment. The commissioners shall assist the division in the enforcement of this subsection . The agreement does not create a lien on the land, but is a charge personally against the owner of the land at the time of removal, alteration, or modification if an administrative order is made under section 161A.61, subsection 3 . Sec.
  23. Section 161A.10, Code 2024, is amended to read as follows: 161A.10 Discontinuance of districts.
  24. At any time after five years after the organization of a district under this chapter , any twenty-five owners of land lying within the boundaries of the district, but in no case less than twenty percent of the owners of land lying within the district, may file a petition with the committee division asking that the operations of the district be terminated and the existence of the district discontinued. The committee division may conduct public meetings and public hearings upon the petition as necessary to assist in the consideration of the petition. Within sixty days after a petition has been received by the committee division , the division shall give due notice of the holding of a referendum, shall supervise the referendum, and shall issue appropriate rules governing the conduct of the referendum. The question is to be submitted by ballots upon which the words “For terminating the existence of the ..... (name of the soil and water conservation district to be here inserted)” and “Against terminating the existence of the ..... (name of the soil and water conservation district to be here inserted)” shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions as the voter favors or opposes discontinuance of the district. All owners of lands lying within the boundaries of the district are eligible to vote in the referendum. No informalities in the conduct of the referendum or in any matters relating to the referendum invalidate the referendum or the result of the referendum if notice was given substantially as provided in this section and if the referendum was fairly conducted.
  25. When sixty-five percent of the landowners vote to terminate the existence of the district, the committee division shall advise the commissioners to terminate the affairs of the district. The commissioners shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of the sale to be deposited into the state treasury. The commissioners shall then file an application, duly verified, with the secretary of state for the discontinuance of the district, and shall transmit with the application the certificate of the committee division setting forth the determination of the committee division that the continued operation of the district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over as provided in this section , and shall set forth a full accounting of the properties and proceeds of the sale. The secretary of state shall issue to the commissioners a certificate of dissolution and shall record the certificate in an appropriate book of record in the secretary of state’s office.
  26. Upon issuance of a certificate of dissolution under this section , all ordinances and regulations previously adopted and in force within the districts are of no further force and effect. All contracts previously entered into, to which the district or commissioners are parties, remain in force and effect for the period provided in the contracts. The committee division is substituted for the district or commissioners as party to the contracts. The committee division is entitled to all benefits and subject to all liabilities under the contracts and has the same right and liability to perform, to require performance, to sue and be sued, and to modify or terminate the contracts by mutual consent or otherwise, as the commissioners of the district would have had.
  27. The committee division shall not entertain petitions for the discontinuance of any district nor conduct referenda upon discontinuance petitions nor make determinations pursuant to the petitions in accordance with this chapter , more often than once in five years. Sec.
  28. Section 161A.22, subsection 2, Code 2024, is amended to read as follows:
  29. The governing body of the subdistrict, upon determination that benefits from works of improvement as set forth in the watershed work plan to be installed will exceed costs thereof, and that funds needed for purposes of the subdistrict require levy of a special benefit assessment as provided in section 161A.23 , in lieu of the special annual tax as provided in section 161A.20 , shall record its decision to use its taxing authority and, upon majority vote of the governing body and with the approval of the committee division , may issue warrants or bonds payable in not more than forty semiannual installments in connection with the special benefit assessment, and pledge and assign the proceeds of the special benefit assessment and other revenues of the subdistrict as security for the warrants or bonds. The warrants and bonds of indebtedness are general obligations of the subdistrict, exempt from all taxes, state and local, and are not indebtedness of the district or the state of Iowa. Sec.
  30. Section 161A.42, subsection 9, paragraphs a and b, Code 2024, are amended to read as follows: a. “Permanent soil and water conservation practices” means planting of perennial grasses, legumes, shrubs, or trees, the establishment of grassed waterways, and the construction of terraces, or other permanent soil and water practices approved by the committee division . b. “Temporary soil and water conservation practices” means planting of annual or biennial crops, use of strip-cropping, contour planting, or minimum or mulch tillage, and any other cultural practices approved by the committee division . Sec.
  31. Section 161A.44, unnumbered paragraph 1, Code 2024, is amended to read as follows: The commissioners of each district shall, with approval of and within time limits set by administrative order of the committee division , adopt reasonable regulations as are deemed necessary to establish a soil loss limit or limits for the district and provide for the implementation of the limit or limits. A district may subsequently amend or repeal its regulations as it deems necessary. The committee division shall review the soil loss limit regulations adopted by the districts at least once every five years, and shall recommend changes in the regulations of a district which the committee division deems necessary to assure that the district’s soil loss limits are reasonable and attainable. The commissioners may: Sec.
  32. Section 161A.44, subsection 2, Code 2024, is amended to read as follows:
  33. Establish different soil loss limits for different classes of land in the district if in their judgment and that of the committee division a lower soil loss limit should be applied to some land than can reasonably be applied to other land in the district, it being the intent of the general assembly that no land in the state be assigned a soil loss limit that cannot reasonably be applied to such land. Sec.
  34. Section 161A.45, Code 2024, is amended to read as follows: 161A.45 Submission of regulations to committee division —— hearing. Regulations which the commissioners propose to adopt, amend, or repeal shall be submitted to the committee division , in a form prescribed by the committee division , for its approval. The committee division may approve the regulations as submitted, or with amendments as it deems necessary. The commissioners shall, after approval, publish notice of hearing on the proposed regulations, as approved, in a newspaper of general circulation in the district, setting a date and time not less than ten nor more than thirty days after the publication when a hearing on the proposed regulations will be held at a specified place. The notice shall include the full text of the proposed regulations or shall state that the proposed regulations are on file and available for review at the office of the affected soil and water conservation district. Sec.
  35. Section 161A.46, Code 2024, is amended to read as follows: 161A.46 Conduct of hearing. At the hearing, the commissioners or their designees shall explain, in reasonable detail, the reasons why adoption, amendment, or repeal of the regulations is deemed necessary or advisable. Any landowner, or any occupant of land who would be affected by the regulations, shall be afforded an opportunity to be heard for or against the proposed regulations. At the conclusion of the hearing, the commissioners shall announce and enter of record their decision whether to adopt or modify the proposed regulations. Any modification must be approved by the committee division , which may at its discretion order the commissioners to republish the regulations and hold another hearing in the manner prescribed by this chapter . Sec.
  36. Section 161A.71, subsections 1 and 4, Code 2024, are amended to read as follows:
  37. The division may establish a conservation practices revolving loan fund composed of any money appropriated by the general assembly for that purpose, and of any other moneys available to and obtained or accepted by the committee division from the federal government or private sources for placement in that fund. Except as otherwise provided by subsection 3 , the assets of the conservation practices revolving loan fund shall be used only to make loans directly to owners of land in this state for the purpose of establishing on that land any new permanent soil and water conservation practice which the commissioners of the soil and water conservation district in which the land is located have found is necessary or advisable to meet the soil loss limits established for that land. A loan shall not be made for establishing a permanent soil and water conservation practice on land that is subject to the restriction on state cost-sharing funds of section 161A.76 . Revolving loan funds and public cost-sharing funds may be used in combination for funding a particular soil and water conservation practice. Each loan made under this section shall be for a period not to exceed ten years, shall bear no interest, and shall be repayable to the conservation practices revolving loan fund in equal yearly installments due March 1 of each year the loan is in effect. The interest rate upon loans for which payment is delinquent shall accelerate immediately to the current legal usury limit. Applicants are eligible for no more than twenty thousand dollars in loans outstanding at any time under this program. “Permanent soil and water conservation practices” has the same meaning as defined in section 161A.42 and those established under this program are subject to the requirements of section 161A.7, subsection 3 . Loans made under this program shall come due for payment upon sale of the land on which those practices are established.
  38. This section does not negate the provisions of section 161A.48 that an owner or occupant of land in this state shall not be required to establish any new soil and water conservation practice unless public cost-sharing funds have been approved and are available for the land affected. However, the owner of land with respect to which an administrative order to establish soil and water conservation practices has been issued under section 161A.47 but not complied with for lack of public cost-sharing funds, may waive the right to await availability of such funds and instead apply for a loan under this section to establish any permanent soil and water conservation practices necessary to comply with the order. If a landowner does so, that loan application shall be given reasonable preference by the committee division if there are applications for more loans under this section than can be made from the money available in the conservation practices revolving loan fund. If it is found necessary to deny an application for a soil and water conservation practices loan to a landowner who has waived the right to availability of public cost-sharing funds before complying with an administrative order issued under section 161A.47 , the landowner’s waiver is void. Sec.
  39. Section 161A.71, subsection 3, paragraph a, Code 2024, is amended to read as follows: a. Contract, sue and be sued, and promulgate administrative rules necessary to carry out the provisions of this section , but the committee division shall not in any manner directly or indirectly pledge the credit of the state of Iowa. Sec.
  40. Section 161A.72, subsection 1, Code 2024, is amended to read as follows:
  41. Financial incentives provided under this chapter shall be administered by the division. The incentives shall be supported with funds appropriated by the general assembly, and moneys available to or obtained by the division or the committee from public or private sources, including but not limited to the United States, other states, or private organizations. The division shall adopt all rules consistent with chapter 17A necessary to carry out the purpose of this subchapter as provided in section 161A.70 . Sec.
  42. Section 161A.74, subsection 1, paragraph a, Code 2024, is amended to read as follows: a. The financial incentives shall not exceed more than fifty percent of the estimated cost of establishing the practices as determined by the commissioners, or fifty percent of the actual cost of establishing the practices, whichever is less. However, the commissioners may allocate an amount determined by the committee division for management of soil and water conservation practices, except as otherwise provided regarding land classified as agricultural land under conservation cover. Sec.
  43. Section 161A.74, subsection 2, Code 2024, is amended to read as follows:
  44. The committee division shall review requirements of this section once each year. The committee division may authorize commissioners in districts to condition the establishment of a mandatory soil and water conservation practice in a specific case on a higher proportion of public cost-sharing than is required by this section . The commissioners shall determine the amount of cost-sharing moneys allocated to establish a specific soil and water conservation practice in accordance with an administrative order issued pursuant to section 161A.47 by considering the extent to which the practice will contribute benefits to the individual owner or occupant of the land on which the practice is to be established. Sec.
  45. Section 161A.75, subsection 3, Code 2024, is amended to read as follows:
  46. Following the disaster emergency, the commissioners shall submit a report to the committee division providing information regarding restoration projects and moneys allocated under this section for the projects. Sec.
  47. Section 161C.1, subsection 1, Code 2024, is amended by striking the subsection. Sec.
  48. Section 161C.4, subsection 1, Code 2024, is amended to read as follows:
  49. A water protection fund is created within the division. The fund is composed of money appropriated by the general assembly for that purpose, and moneys available to and obtained or accepted by the committee division from the United States or private sources for placement in the fund. The fund shall be a revolving fund from which moneys may be used for loans, grants, administrative costs, and cost-sharing. Sec.
  50. Section 161C.4, subsection 3, paragraph a, Code 2024, is amended to read as follows: a. Contract, sue and be sued, and adopt rules necessary to carry out the provisions of this section , but the division or committee shall not in any manner directly or indirectly pledge the credit of this state. Sec.
  51. Section 207.2, subsection 2, Code 2024, is amended by striking the subsection. Sec.
  52. Section 207.3, subsections 2, 3, and 4, Code 2024, are amended to read as follows:
  53. The division may , after notification to the committee, commence proceedings to suspend, revoke, or refuse to renew a license of a licensee for repeated or willful violation of any of the provisions of this chapter or of the federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §801 et seq.
  54. The hearing shall be held pursuant to chapter 17A not less than fifteen nor more than thirty days after the mailing or service of the notice. If the licensee is found to have willfully or repeatedly violated any of the provisions of this chapter or of the federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §801 et seq., the committee division may affirm or modify the proposed suspension, revocation, or refusal to renew the license.
  55. Suspension or revocation of a license shall become effective thirty days after the mailing or service of the decision to the licensee. If the committee division finds the license should not be renewed, the renewal fee shall be refunded and the license shall expire on the expiration date or thirty days after mailing or service of the decision to the licensee, whichever is later. Sec.
  56. Section 207.9, subsection 5, Code 2024, is amended to read as follows:
  57. Within sixty days a person having an interest which is or may be adversely affected may appeal to the committee the decision of the division granting or denying a permit as a contested case under chapter 17A . Sec.
  58. Section 207.14, subsection 4, paragraph a, Code 2024, is amended to read as follows: a. A permittee may request in writing an appeal to the committee division of a decision made in a hearing under subsection 3 within thirty days of the decision. The committee division shall review the record made in the contested case hearing, and may hear additional evidence upon a showing of good cause for failure to present the evidence in the hearing, or if evidence concerning events occurring after the hearing is deemed relevant to the proceeding. However, the committee division shall not review a decision in a proceeding if the division seeks to collect a civil penalty pursuant to section 207.15 , and those decisions are final agency actions subject to direct judicial review as provided in chapter 17A . Sec.
  59. Section 207.14, subsection 5, Code 2024, is amended to read as follows:
  60. In any administrative proceeding under this chapter or judicial review, the amount of all reasonable costs and expenses, including reasonable attorney fees incurred by a person in connection with the person’s participation in the proceedings or judicial review, may be assessed against either party as the court in judicial review or the committee division in administrative proceedings deems proper. Sec.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book