HSB 674

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.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.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.7). SOIL CONSERVATION DISTRICTS LAW (SOIL CONSERVATION AND WATER QUALITY AND SOIL HEALTH) —— BILL.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.42). SOIL CONSERVATION DISTRICTS LAW/BLUFFLAND PROTECTION —— BACKGROUND AND BILL.80A) and bluffland 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.80B). The bill eliminates the program and fund. Otherwise, the program and fund are to be eliminated on July 1, 2030. GROUNDWATER PROTECTION ACT (ANNUAL REPORT) —— BACKGROUND AND BILL.4).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.2).3).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.4A).5). It eliminates a subsection enacted in 2000, setting a five-year goal of establishing 32,500 acres of wetlands.6).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.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.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.1).2) and reenacts those terms in their relevant subchapters.21). SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER RESOURCES COORDINATING COUNCIL) —— BILL.3).3B).9).11). SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED MANAGEMENT AUTHORITIES) —— BACKGROUND. _____ authority (authority).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).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.171) or DNR’s Iowa storm water management manual.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.25). SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED PLANNING ADVISORY COUNCIL) —— BACKGROUND AND BILL.31). The bill eliminates the council. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER QUALITY INITIATIVE) —— BACKGROUND AND BILL.42). The initiative is administered by DALS acting through the division.49).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.44).45) are used to support the initiative.41). _____ amendments due to their transfer to Code chapter 467. SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (NUTRIENT RESEARCH) —— BACKGROUND AND BILL.47).48).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.31).402).