Senate Study Bill 1194
SENATE FILE
BY (PROPOSED COMMITTEE ON
REBUILD IOWA BILL BY
CHAIRPERSON HOGG)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to flood damage prevention and insurance.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2143SC 83
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PAG LIN
1 1 DIVISION I
1 2 PUBLIC POLICY
1 3 Section 1. LAND MANAGEMENT == PUBLIC POLICY. It is the
1 4 policy of this state that the land in watersheds and
1 5 floodplains should be managed to reduce flooding, reduce flood
1 6 damage, ameliorate the effects of drought, improve water
1 7 quality, improve habitat and the natural environment, increase
1 8 renewable energy production, and enhance economic and
1 9 recreational opportunities.
1 10 DIVISION II
1 11 URBAN WATER CONSERVATION STANDARDS
1 12 Sec. 2. Section 8A.321, subsection 7, Code 2009, is
1 13 amended by adding the following new paragraph:
1 14 NEW PARAGRAPH. c. For real property projects beginning
1 15 construction on or after January 1, 2010, a project must
1 16 incorporate applicable urban water conservation standards
1 17 adopted pursuant to section 455B.277A.
1 18 Sec. 3. NEW SECTION. 15A.5 ECONOMIC DEVELOPMENT
1 19 FINANCIAL ASSISTANCE == URBAN WATER CONSERVATION STANDARDS.
1 20 Financial assistance for economic development shall not be
1 21 given for purposes of a vertical infrastructure project unless
1 22 the project incorporates applicable urban water conservation
1 23 standards adopted pursuant to section 455B.277A. For purposes
1 24 of this section, "vertical infrastructure" means the same as
1 25 defined in section 8.57, subsection 6, paragraph "c". This
1 26 section applies to projects that begin construction on or
1 27 after January 1, 2010.
1 28 Sec. 4. Section 262.9, subsection 4, Code 2009, is amended
1 29 to read as follows:
1 30 4. Manage and control the property, both real and
1 31 personal, belonging to the institutions. The board shall
1 32 purchase For any construction project beginning on or after
1 33 January 1, 2010, the project must incorporate applicable urban
1 34 water conservation standards adopted pursuant to section
1 35 455B.277A.
2 1 4A. Purchase or require the purchase of, when the price is
2 2 reasonably competitive and the quality as intended,
2 3 soybean=based inks. All inks purchased that are used
2 4 internally or are contracted for by the board shall be
2 5 soybean=based to the extent formulations for such inks are
2 6 available.
2 7 a. The department of natural resources shall review the
2 8 procurement specifications currently used by the board to
2 9 eliminate, wherever possible, discrimination against the
2 10 procurement of products manufactured with soybean=based inks.
2 11 b. The department of natural resources shall assist the
2 12 board in locating suppliers of recycled content products and
2 13 soybean=based inks and collecting data on recycled content and
2 14 soybean=based ink purchases.
2 15 c. The board, in conjunction with the department of
2 16 natural resources, shall adopt rules to carry out the
2 17 provisions of this section subsection.
2 18 d. The department of natural resources shall cooperate
2 19 with the board in all phases of implementing this section
2 20 subsection.
2 21 Sec. 5. NEW SECTION. 455B.277A URBAN WATER CONSERVATION
2 22 STANDARDS.
2 23 1. By January 1, 2010, the department of natural
2 24 resources, in cooperation with the department of agriculture
2 25 and land stewardship, shall adopt urban water conservation
2 26 standards designed to limit water runoff, reduce future flood
2 27 damage, and improve water quality.
2 28 2. All cities and counties shall adopt development
2 29 standards to incorporate urban water conservation standards
2 30 adopted pursuant to subsection 1 and limit development in
2 31 flood plains. A city or county shall not allow development in
2 32 an area located in a five hundred year flood plain as
2 33 determined by the federal emergency management agency unless
2 34 the development is designed to mitigate future flood damage.
2 35 3. All cities and counties shall do the following:
3 1 a. Only provide public funding for projects that conform
3 2 to urban water conservation standards.
3 3 b. Only provide tax increment financing for projects that
3 4 conform to urban water conservation standards.
3 5 DIVISION III
3 6 FLOOD INSURANCE
3 7 Sec. 6. NEW SECTION. 455B.262A NATIONAL FLOOD INSURANCE
3 8 PROGRAM.
3 9 All cities in this state shall meet the requirements for
3 10 participation in the national flood insurance program on or
3 11 before July 30, 2011. The department shall assist cities with
3 12 developing and administering local flood plain management
3 13 programs and with otherwise meeting the requirements for
3 14 participation in the national flood insurance program. A city
3 15 may apply to the department for a waiver from the
3 16 participation requirements in this section. The department
3 17 shall grant a waiver if it is determined by the department
3 18 that the city is not susceptible to flood damage.
3 19 Sec. 7. NEW SECTION. 505.41 FLOOD INSURANCE.
3 20 By January 1, 2010, a person owning property in a five
3 21 hundred year flood plain as determined by the federal
3 22 emergency management agency shall purchase insurance providing
3 23 coverage against direct or indirect or consequential loss or
3 24 damage, including loss of use or occupancy and the
3 25 depreciation of property lost or damaged by flood unless the
3 26 owner submits a certificate of self=insurance to the
3 27 commissioner of insurance for approval. The commissioner of
3 28 insurance shall develop the form, submission procedure, and
3 29 approval process for certificates of self=insurance.
3 30 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3 31 3, shall not apply to this division of this Act.
3 32 EXPLANATION
3 33 This bill relates to flood damage prevention and insurance.
3 34 DIVISION I. Division I of the bill states general public
3 35 policy for land management.
4 1 DIVISION II. Division II of the bill relates to urban
4 2 water conservation standards.
4 3 The division requires the department of natural resources,
4 4 in cooperation with the department of agriculture and land
4 5 stewardship, to adopt urban water conservation standards
4 6 designed to limit water runoff, reduce future flood damage,
4 7 and improve water quality. The division requires all cities
4 8 and counties to adopt development standards to incorporate
4 9 urban water conservation standards and limit development in
4 10 flood plains. The division prohibits a city or county from
4 11 allowing development in an area located in a 500 year flood
4 12 plain unless the development is designed to mitigate future
4 13 flood damage. The division requires cities and counties to
4 14 only provide public funding for projects that conform to urban
4 15 water conservation standards and only provide tax increment
4 16 financing for projects that conform to urban water
4 17 conservation standards.
4 18 The division requires construction projects beginning on or
4 19 after January 1, 2010, that are coordinated by the department
4 20 of administrative services to incorporate applicable urban
4 21 water conservation standards.
4 22 The division requires that financial assistance for
4 23 economic development shall not be given for purposes of a
4 24 vertical infrastructure project unless the project
4 25 incorporates applicable urban water conservation standards.
4 26 This requirement applies to projects that begin construction
4 27 on or after January 1, 2010.
4 28 The division requires construction projects beginning on or
4 29 after January 1, 2010, that are under the control of the state
4 30 board of regents to incorporate applicable urban water
4 31 conservation standards.
4 32 DIVISION III. Division III of the bill relates to flood
4 33 insurance.
4 34 The division requires all cities in this state to meet the
4 35 requirements for participation in the national flood insurance
5 1 program on or before July 30, 2011. The division allows the
5 2 application for a waiver from this requirement if the city
5 3 demonstrates to the department of natural resources that the
5 4 city is not susceptible to flood damage.
5 5 The division requires a person owning property in a 500
5 6 year flood plain to purchase insurance providing coverage
5 7 against flood damage unless the owner submits a certificate of
5 8 self=insurance to the insurance commissioner for approval.
5 9 The division requires the insurance to be purchased by January
5 10 1, 2010.
5 11 The division may include a state mandate as defined in Code
5 12 section 25B.3. The division makes inapplicable Code section
5 13 25B.2, subsection 3, which would relieve a political
5 14 subdivision from complying with a state mandate if funding for
5 15 the cost of the state mandate is not provided or specified.
5 16 Therefore, political subdivisions are required to comply with
5 17 any state mandate included in the division.
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