House Study Bill 679 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY HOUSE APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES) A BILL FOR An Act relating to and making appropriations involving state 1 government entities involved with agriculture, natural 2 resources, and environmental protection, making related 3 statutory changes, providing for eminent domain procedures, 4 and including effective and applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5003HB (2) 85 da/jp
H.F. _____ DIVISION I 1 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 2 GENERAL APPROPRIATION FOR FY 2014-2015 3 Section 1. 2013 Iowa Acts, chapter 132, section 27, is 4 amended to read as follows: 5 SEC. 27. GENERAL FUND —— DEPARTMENT. 6 1. There is appropriated from the general fund of the state 7 to the department of agriculture and land stewardship for the 8 fiscal year beginning July 1, 2014, and ending June 30, 2015, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For purposes of supporting the department, including its 12 divisions, for administration, regulation, and programs; for 13 salaries, support, maintenance, and miscellaneous purposes; and 14 for not more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,790,664 16 17,605,492 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 372.00 18 2. Of the amount appropriated in subsection 1, the following 19 amount is transferred to Iowa state university of science and 20 technology, to be used for the university’s midwest grape and 21 wine industry institute: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119,000 23 238,000 24 3. The department shall submit a report each quarter of the 25 fiscal year to the legislative services agency, the department 26 of management, the members of the joint appropriations 27 subcommittee on agriculture and natural resources, and the 28 chairpersons and ranking members of the senate and house 29 committees on appropriations. The report shall describe in 30 detail the expenditure of moneys appropriated in this section 31 to support the department’s administration, regulation, and 32 programs. 33 DESIGNATED APPROPRIATIONS 34 MISCELLANEOUS FUNDS 35 -1- LSB 5003HB (2) 85 da/jp 1/ 40
H.F. _____ Sec. 2. 2013 Iowa Acts, chapter 132, section 28, is amended 1 to read as follows: 2 SEC. 28. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 3 HORSE AND DOG RACING. There is appropriated from the moneys 4 available under section 99D.13 to the department of agriculture 5 and land stewardship for the fiscal year beginning July 1, 6 2014, and ending June 30, 2015, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 For purposes of supporting the department’s administration 10 and enforcement of horse and dog racing law pursuant to section 11 99D.22 , including for salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 152,758 14 305,516 15 Sec. 3. 2013 Iowa Acts, chapter 132, section 29, is amended 16 to read as follows: 17 SEC. 29. RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR 18 FUEL INSPECTION. There is appropriated from the renewable 19 fuel infrastructure fund created in section 159A.16 to the 20 department of agriculture and land stewardship for the fiscal 21 year beginning July 1, 2014, and ending June 30, 2015, the 22 following amount, or so much thereof as is necessary, to be 23 used for the purposes designated: 24 For purposes of the inspection of motor fuel, including 25 salaries, support, maintenance, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 27 500,000 28 The department shall establish and administer programs 29 for the auditing of motor fuel including biofuel processing 30 and production plants, for screening and testing motor fuel, 31 including renewable fuel, and for the inspection of motor fuel 32 sold by dealers including retail dealers who sell and dispense 33 motor fuel from motor fuel pumps. 34 SPECIAL APPROPRIATIONS 35 -2- LSB 5003HB (2) 85 da/jp 2/ 40
H.F. _____ GENERAL FUND 1 Sec. 4. 2013 Iowa Acts, chapter 132, section 30, is amended 2 to read as follows: 3 SEC. 30. DAIRY REGULATION. There is appropriated from the 4 general fund of the state to the department of agriculture 5 and land stewardship for the fiscal year beginning July 1, 6 2014, and ending June 30, 2015, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 1. For purposes of performing functions pursuant to section 10 192.109 , including conducting a survey of grade “A” milk and 11 certifying the results to the secretary of agriculture: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,598 13 189,196 14 2. Notwithstanding section 8.33 , moneys appropriated in 15 this section that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available to be used for the purposes designated until the 18 close of the succeeding fiscal year. 19 Sec. 5. 2013 Iowa Acts, chapter 132, section 31, is amended 20 to read as follows: 21 SEC. 31. LOCAL FOOD AND FARM PROGRAM. There is appropriated 22 from the general fund of the state to the department of 23 agriculture and land stewardship for the fiscal year beginning 24 July 1, 2014, and ending June 30, 2015, the following amount, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 1. For purposes of supporting the local food and farm 28 program pursuant to chapter 267A : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 30 75,000 31 2. The department shall enter into a cost-sharing agreement 32 with Iowa state university to support the local food and farm 33 program coordinator position as part of the university’s 34 cooperative extension service in agriculture and home economics 35 -3- LSB 5003HB (2) 85 da/jp 3/ 40
H.F. _____ pursuant to chapter 267A . 1 3. Notwithstanding section 8.33 , moneys appropriated in 2 this section that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available to be used for the purposes designated until the 5 close of the succeeding fiscal year. 6 Sec. 6. 2013 Iowa Acts, chapter 132, section 32, is amended 7 to read as follows: 8 SEC. 32. AGRICULTURAL EDUCATION. There is appropriated 9 from the general fund of the state to the department of 10 agriculture and land stewardship for the fiscal year beginning 11 July 1, 2014, and ending June 30, 2015, the following amount, 12 or so much thereof as is necessary, to be used for the purposes 13 designated: 14 1. For purposes of allocating moneys to an Iowa association 15 affiliated with a national organization which promotes 16 agricultural education providing for future farmers: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 18 25,000 19 2. Notwithstanding section 8.33 , moneys appropriated for 20 the fiscal year beginning July 1, 2014, in this section that 21 remain unencumbered or unobligated at the close of the fiscal 22 year shall not revert but shall remain available to be used 23 for the purposes designated until the close of the succeeding 24 fiscal year. 25 Sec. 7. 2013 Iowa Acts, chapter 132, section 33, is amended 26 to read as follows: 27 SEC. 33. FARMERS WITH DISABILITIES PROGRAM. 28 1. There is appropriated from the general fund of the state 29 to the department of agriculture and land stewardship for the 30 fiscal year beginning July 1, 2014, and ending June 30, 2015, 31 the following amount, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 For purposes of supporting a program for farmers with 34 disabilities: 35 -4- LSB 5003HB (2) 85 da/jp 4/ 40
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000 1 130,000 2 2. The moneys appropriated in subsection 1 shall be used for 3 the public purpose of providing a grant to a national nonprofit 4 organization with over 80 years of experience in assisting 5 children and adults with disabilities and special needs. 6 a. The moneys shall be used to support a nationally 7 recognized program that began in 1986 and has been replicated 8 in at least 30 other states, but which is not available through 9 any other entity in this state, and that provides assistance 10 to farmers with disabilities in all 99 counties to allow the 11 farmers to remain in their own homes and be gainfully engaged 12 in farming through provision of agricultural worksite and home 13 modification consultations, peer support services, services 14 to families, information and referral, and equipment loan 15 services. 16 b. Notwithstanding section 8.33 , moneys appropriated in 17 this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 DIVISION II 22 GENERAL FUND 23 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 24 WATER QUALITY 25 APPROPRIATIONS FOR FY 2014-2015 26 Sec. 8. 2013 Iowa Acts, chapter 132, section 34, is amended 27 to read as follows: 28 SEC. 34. WATER QUALITY INITIATIVE —— GENERAL. 29 1. There is appropriated from the general fund of the state 30 to the department of agriculture and land stewardship for the 31 fiscal year beginning July 1, 2014, and ending June 30, 2015, 32 the following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For deposit in the water quality initiative fund created 35 -5- LSB 5003HB (2) 85 da/jp 5/ 40
H.F. _____ in section 466B.45 , as enacted by this Act, for purposes of 1 supporting the water quality initiative administered by the 2 soil conservation division as provided in section 466B.42 , as 3 enacted by this Act, including salaries, support, maintenance, 4 miscellaneous purposes, and for not more than the following 5 full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 8 2.00 9 2. a. The moneys appropriated in subsection 1 shall be 10 used to support reducing nutrients projects in subwatersheds 11 as designated by the division that are part of high-priority 12 watersheds identified by the water resources coordinating 13 council established pursuant to section 466B.3 . In supporting 14 reducing nutrients 15 b. The moneys appropriated in subsection 1 shall be used to 16 support projects in watersheds generally, including regional 17 watersheds, as designated by the division and high-priority 18 watersheds identified by the water resources coordinating 19 council established pursuant to section 466B.3. 20 2A. In supporting projects in subwatersheds , the division 21 shall establish and administer demonstration projects as 22 follows and watersheds as provided in subsection 2, all of the 23 following shall apply : 24 a. The demonstration projects shall utilize water quality 25 practices as described in the latest revision of the document 26 entitled “Iowa Nutrient Reduction Strategy” initially presented 27 in November 2012 by the department of agriculture and land 28 stewardship, the department of natural resources, and Iowa 29 state university of science and technology. 30 b. The division shall implement demonstration projects as 31 provided in paragraph “a” by providing for participation by 32 persons who hold a legal interest in agricultural land used in 33 farming. To every extent practical, the division shall provide 34 for collaborative participation by such persons who hold a 35 -6- LSB 5003HB (2) 85 da/jp 6/ 40
H.F. _____ legal interest in agricultural land located within the same 1 subwatershed. 2 c. The division shall implement a demonstration project on 3 a cost-share basis as determined by the division. However, the 4 state’s share of the amount shall not exceed 50 percent of the 5 estimated cost of establishing the practice as determined by 6 the division or 50 percent of the actual cost of establishing 7 the practice, whichever is less. 8 d. The demonstration projects shall be used to educate other 9 persons about the feasibility and value of establishing similar 10 water quality practices. The division shall promote field day 11 events for purposes of allowing interested persons to establish 12 water quality practices on their agricultural land. 13 e. The division shall conduct water quality evaluations 14 within supported subwatersheds. Within a reasonable period 15 after accumulating information from such evaluations, 16 the division shall create an aggregated database of water 17 quality practices. Any information identifying a person 18 holding a legal interest in agricultural land or specific 19 agricultural land shall be a confidential record under section 20 22.7 received, collected, or held under this section is a 21 confidential record and is exempted from public access pursuant 22 to section 466B.49 as enacted by this 2014 Act . 23 3. The moneys appropriated in subsection 1 shall be used 24 to support education and outreach in a manner that encourages 25 persons who hold a legal interest in agricultural land used for 26 farming to implement water quality practices, including the 27 establishment of such practices in watersheds generally, and 28 not limited to subwatersheds or high-priority watersheds. 29 4. The moneys appropriated in subsection 1 may be used 30 to contract with persons to coordinate the implementation of 31 efforts provided in this section. Not more than $150,000 shall 32 be used to support the administration of this section by a 33 full-time equivalent position. 34 5. Notwithstanding any other provision of law to the 35 -7- LSB 5003HB (2) 85 da/jp 7/ 40
H.F. _____ contrary, the department may use moneys appropriated in 1 subsection 1 to carry out the provisions of this section on a 2 cost-share basis in combination with other moneys appropriated 3 available to the department from the environment first 4 fund created in section 8.57A for cost sharing to match the 5 United States department of agriculture, natural resources 6 conservation service, wetland reserve enhancement program a 7 state or federal source . 8 Sec. 9. 2013 Iowa Acts, chapter 132, section 35, is amended 9 to read as follows: 10 SEC. 35. IOWA NUTRIENT RESEARCH CENTER. 11 1. There is appropriated from the general fund of the state 12 to Iowa state university of science and technology for the 13 fiscal year beginning July 1, 2014, and ending June 30, 2015, 14 the following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For purposes of supporting an Iowa nutrient research center 17 as established in section 466B.47 , as enacted in this Act: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 19 1,500,000 20 2. Notwithstanding section 8.33 , moneys appropriated in 21 this section that remain unencumbered or unobligated at the 22 close of the fiscal year shall not revert but shall remain 23 available for expenditure for the purposes designated until the 24 close of the fiscal year beginning July 1, 2015. 25 Sec. 10. 2013 Iowa Acts, chapter 132, section 36, is amended 26 to read as follows: 27 SEC. 36. WATER QUALITY INITIATIVE APPROPRIATIONS —— FEDERAL 28 MONEYS. The department of agriculture and land stewardship, 29 and its soil conservation division, may use moneys appropriated 30 in this division of this Act to support the water quality 31 initiative, including its projects, as provided in this 32 division of this Act, in combination with other moneys provided 33 by the United States government. 34 DIVISION III 35 -8- LSB 5003HB (2) 85 da/jp 8/ 40
H.F. _____ DEPARTMENT OF NATURAL RESOURCES 1 GENERAL APPROPRIATIONS FOR FY 2014-2015 2 Sec. 11. 2013 Iowa Acts, chapter 132, section 37, is amended 3 to read as follows: 4 SEC. 37. GENERAL FUND —— DEPARTMENT. 5 1. There is appropriated from the general fund of the state 6 to the department of natural resources for the fiscal year 7 beginning July 1, 2014, and ending June 30, 2015, the following 8 amount, or so much thereof as is necessary, to be used for the 9 purposes designated: 10 For purposes of supporting the department, including its 11 divisions, for administration, regulation, and programs; for 12 salaries, support, maintenance, and miscellaneous purposes; and 13 for not more than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,383,350 15 12,862,307 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 17 2. Of the number of full-time equivalent positions 18 authorized to the department pursuant to subsection 1, 50.00 19 full-time equivalent positions shall be allocated by the 20 department for seasonal employees for purposes of providing 21 maintenance, upkeep, and sanitary services at state parks. 22 This subsection shall not impact park ranger positions within 23 the department. 24 3. The department shall submit a report each quarter of the 25 fiscal year to the legislative services agency, the department 26 of management, the members of the joint appropriations 27 subcommittee on agriculture and natural resources, and the 28 chairpersons and ranking members of the senate and house 29 committees on appropriations. The report shall describe in 30 detail the expenditure of moneys appropriated under this 31 section to support the department’s administration, regulation, 32 and programs. 33 Sec. 12. 2013 Iowa Acts, chapter 132, section 38, is amended 34 to read as follows: 35 -9- LSB 5003HB (2) 85 da/jp 9/ 40
H.F. _____ SEC. 38. STATE FISH AND GAME PROTECTION FUND —— REGULATION 1 AND ADVANCEMENT OF OUTDOOR ACTIVITIES. 2 1. There is appropriated from the state fish and game 3 protection fund to the department of natural resources for the 4 fiscal year beginning July 1, 2014, and ending June 30, 2015, 5 the following amount, or so much thereof as is necessary, to be 6 used for the purposes designated: 7 For purposes of supporting the regulation or advancement of 8 hunting, fishing, or trapping, or the protection, propagation, 9 restoration, management, or harvest of fish or wildlife, 10 including for administration, regulation, law enforcement, and 11 programs; and for salaries, support, maintenance, equipment, 12 and miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,539,117 14 41,223,225 15 2. Notwithstanding section 455A.10 , the department may use 16 the unappropriated balance remaining in the state fish and game 17 protection fund to provide for the funding of health and life 18 insurance premium payments from unused sick leave balances of 19 conservation peace officers employed in a protection occupation 20 who retire, pursuant to section 97B.49B . 21 3. Notwithstanding section 455A.10 , the department of 22 natural resources may use the unappropriated balance remaining 23 in the state fish and game protection fund for the fiscal 24 year beginning July 1, 2014, and ending June 30, 2015, as is 25 necessary to fund salary adjustments for departmental employees 26 which the general assembly has made an operating budget 27 appropriation for in subsection 1. 28 Sec. 13. 2013 Iowa Acts, chapter 132, section 39, is amended 29 to read as follows: 30 SEC. 39. GROUNDWATER PROTECTION FUND —— WATER QUALITY. 31 There is appropriated from the groundwater protection fund 32 created in section 455E.11 to the department of natural 33 resources for the fiscal year beginning July 1, 2014, 34 and ending June 30, 2015, from those moneys which are not 35 -10- LSB 5003HB (2) 85 da/jp 10/ 40
H.F. _____ allocated pursuant to that section, the following amount, or 1 so much thereof as is necessary, to be used for the purposes 2 designated: 3 For purposes of supporting the department’s protection 4 of the state’s groundwater, including for administration, 5 regulation, and programs, and for salaries, support, 6 maintenance, equipment, and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,916 8 3,455,832 9 DESIGNATED APPROPRIATIONS 10 MISCELLANEOUS FUNDS 11 Sec. 14. 2013 Iowa Acts, chapter 132, section 40, is amended 12 to read as follows: 13 SEC. 40. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM. 14 There is appropriated from the special snowmobile fund created 15 under section 321G.7 to the department of natural resources for 16 the fiscal year beginning July 1, 2014, and ending June 30, 17 2015, the following amount, or so much thereof as is necessary, 18 to be used for the purpose designated: 19 For purposes of administering and enforcing the state 20 snowmobile programs: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 22 100,000 23 Sec. 15. 2013 Iowa Acts, chapter 132, section 41, is amended 24 to read as follows: 25 SEC. 41. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE 26 TANK SECTION EXPENSES. There is appropriated from the 27 unassigned revenue fund administered by the Iowa comprehensive 28 underground storage tank fund board to the department of 29 natural resources for the fiscal year beginning July 1, 2014, 30 and ending June 30, 2015, the following amount, or so much 31 thereof as is necessary, to be used for the purpose designated: 32 For purposes of paying for administration expenses of the 33 department’s underground storage tank section: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 35 -11- LSB 5003HB (2) 85 da/jp 11/ 40
H.F. _____ 200,000 1 SPECIAL APPROPRIATIONS 2 GENERAL FUND 3 Sec. 16. 2013 Iowa Acts, chapter 132, section 42, is amended 4 to read as follows: 5 SEC. 42. FLOODPLAIN MANAGEMENT AND DAM SAFETY. 6 1. There is appropriated from the general fund of the state 7 to the department of natural resources for the fiscal year 8 beginning July 1, 2014, and ending June 30, 2015, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 For purposes of supporting floodplain management and dam 12 safety: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 14 2,000,000 15 2. Of the amount appropriated in subsection 1, up to 16 $340,000 $400,000 may be used by the department to acquire or 17 install stream gages for purposes of tracking and predicting 18 flood events and for compiling necessary data to improve flood 19 frequency analysis. 20 3. Notwithstanding section 8.33 , moneys appropriated in 21 subsection 1 that remain unencumbered or unobligated at the 22 close of the fiscal year shall not revert but shall remain 23 available for expenditure for the purposes designated until the 24 close of the succeeding fiscal year. 25 Sec. 17. 2013 Iowa Acts, chapter 132, section 43, is amended 26 to read as follows: 27 SEC. 43. FORESTRY HEALTH MANAGEMENT. 28 1. There is appropriated from the general fund of the state 29 to the department of natural resources for the fiscal year 30 beginning July 1, 2014, and ending June 30, 2015, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 For purposes of providing for forestry health management 34 programs: 35 -12- LSB 5003HB (2) 85 da/jp 12/ 40
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 1 200,000 2 2. Notwithstanding section 8.33 , moneys appropriated in 3 this section that remain unencumbered or unobligated at the 4 close of the fiscal year shall not revert but shall remain 5 available to be used for the purposes designated until the 6 close of the succeeding fiscal year. 7 Sec. 18. 2013 Iowa Acts, chapter 132, section 44, is amended 8 to read as follows: 9 SEC. 44. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND. 10 1. There is transferred from the general fund of the state 11 to the loess hills development and conservation fund created in 12 section 161D.2 for the fiscal year beginning July 1, 2014, and 13 ending June 30, 2015, the following amount, or so much thereof 14 as is necessary, to be used for the purposes designated: 15 For supporting the purposes of the fund: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 17 75,000 18 2. a. Of the amount transferred in subsection 1, $28,125 19 $56,250 shall be allocated to the fund’s hungry canyons 20 account. 21 b. Not more than 10 percent of the moneys allocated to the 22 hungry canyons account as provided in paragraph “a” may be used 23 for administrative costs. 24 3. a. Of the amount transferred in subsection 1, $9,375 25 $18,750 shall be allocated to the fund’s loess hills alliance 26 account. 27 b. Not more than 10 percent of the moneys allocated to the 28 loess hills alliance account as provided in paragraph “a” may 29 be used for administrative costs. 30 4. Moneys deposited to the loess hills development and 31 conservation fund and its accounts for the fiscal year are 32 appropriated to the authority to be used as provided by law. 33 DIVISION IV 34 IOWA STATE UNIVERSITY 35 -13- LSB 5003HB (2) 85 da/jp 13/ 40
H.F. _____ SPECIAL GENERAL FUND APPROPRIATION FOR FY 2014-2015 1 Sec. 19. 2013 Iowa Acts, chapter 132, section 45, is amended 2 to read as follows: 3 SEC. 45. VETERINARY DIAGNOSTIC LABORATORY. 4 1. There is appropriated from the general fund of the state 5 to Iowa state university of science and technology for the 6 fiscal year beginning July 1, 2014, and ending June 30, 2015, 7 the following amount, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 For purposes of supporting the college of veterinary 10 medicine for the operation of the veterinary diagnostic 11 laboratory and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,881,318 14 4,000,000 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 16 51.00 17 2. a. Iowa state university of science and technology 18 shall not reduce the amount that it allocates to support the 19 college of veterinary medicine from any other source due to the 20 appropriation made in this section. 21 b. Paragraph “a” does not apply to a reduction made to 22 support the college of veterinary medicine, if the same 23 percentage of reduction imposed on the college of veterinary 24 medicine is also imposed on all of Iowa state university’s 25 budget units. 26 3. If by June 30, 2015, Iowa state university of science and 27 technology fails to allocate the moneys appropriated in this 28 section to the college of veterinary medicine in accordance 29 with this section, the moneys appropriated in this section for 30 that fiscal year shall revert to the general fund of the state. 31 DIVISION V 32 ENVIRONMENT FIRST FUND 33 GENERAL APPROPRIATIONS FOR FY 2014-2015 34 Sec. 20. 2013 Iowa Acts, chapter 132, section 47, is amended 35 -14- LSB 5003HB (2) 85 da/jp 14/ 40
H.F. _____ to read as follows: 1 SEC. 47. DEPARTMENT OF AGRICULTURE AND LAND 2 STEWARDSHIP. There is appropriated from the environment first 3 fund created in section 8.57A to the department of agriculture 4 and land stewardship for the fiscal year beginning July 1, 5 2014, and ending June 30, 2015, the following amounts, or so 6 much thereof as is necessary, to be used for the purposes 7 designated: 8 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 9 a. For the conservation reserve enhancement program to 10 restore and construct wetlands for the purposes of intercepting 11 tile line runoff, reducing nutrient loss, improving water 12 quality, and enhancing agricultural production practices: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 14 1,000,000 15 b. Not more than 10 percent of the moneys appropriated 16 in paragraph “a” may be used for costs of administration and 17 implementation of soil and water conservation practices. 18 c. Notwithstanding any other provision in law, the 19 department may provide state resources from this appropriation, 20 in combination with other appropriate environment first 21 fund appropriations, for cost sharing to match United States 22 department of agriculture, natural resources conservation 23 service, wetlands reserve enhancement program (WREP) funding 24 available to Iowa. 25 2. WATERSHED PROTECTION 26 a. For continuation of a program that provides 27 multiobjective resource protections for flood control, water 28 quality, erosion control, and natural resource conservation: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450,000 30 900,000 31 b. Not more than 10 percent of the moneys appropriated 32 in paragraph “a” may be used for costs of administration and 33 implementation of soil and water conservation practices. 34 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 35 -15- LSB 5003HB (2) 85 da/jp 15/ 40
H.F. _____ a. For continuation of a statewide voluntary farm 1 management demonstration program to demonstrate the 2 effectiveness and adaptability of emerging practices in 3 agronomy that protect water resources and provide other 4 environmental benefits: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 312,500 6 625,000 7 b. Not more than 10 percent of the moneys appropriated 8 in paragraph “a” may be used for costs of administration and 9 implementation of soil and water conservation practices. 10 c. Of the amount appropriated in paragraph “a”, $200,000 11 $400,000 shall be allocated to an organization representing 12 soybean growers to provide for an agriculture and environment 13 performance program in order to carry out the purposes of this 14 subsection as specified in paragraph “a”. 15 4. SOIL AND WATER CONSERVATION —— ADMINISTRATION 16 For use by the department for costs of administration and 17 implementation of soil and water conservation practices: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,275,000 19 2,550,000 20 5. CONSERVATION RESERVE PROGRAM (CRP) 21 a. To encourage and assist farmers in enrolling in and the 22 implementation of the federal conservation reserve program and 23 to work with them to enhance their revegetation efforts to 24 improve water quality and habitat: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 26 1,000,000 27 b. Not more than 10 percent of the moneys appropriated 28 in paragraph “a” may be used for costs of administration and 29 implementation of soil and water conservation practices. 30 6. SOIL AND WATER CONSERVATION 31 a. For use by the department in providing for soil and 32 water conservation administration, the conservation of soil and 33 water resources, or the support of soil and water conservation 34 district commissioners: 35 -16- LSB 5003HB (2) 85 da/jp 16/ 40
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,325,000 1 7,375,000 2 b. Not more than 5 percent of the moneys appropriated in 3 paragraph “a” may be allocated for cost sharing to address 4 complaints filed under section 161A.47 . 5 c. Of the moneys appropriated in paragraph “a”, 5 percent 6 shall be allocated for financial incentives to establish 7 practices to protect watersheds above publicly owned lakes of 8 the state from soil erosion and sediment as provided in section 9 161A.73 . 10 d. Not more than 30 percent of a soil and water conservation 11 district’s allocation of moneys as financial incentives may be 12 provided for the purpose of establishing management practices 13 to control soil erosion on land that is row cropped, including 14 but not limited to no-till planting, ridge-till planting, 15 contouring, and contour strip-cropping as provided in section 16 161A.73 . 17 e. The state soil conservation committee established by 18 section 161A.4 may allocate moneys appropriated in paragraph 19 “a” to conduct research and demonstration projects to promote 20 conservation tillage and nonpoint source pollution control 21 practices. 22 f. The allocation of moneys as financial incentives as 23 provided in section 161A.73 may be used in combination with 24 moneys allocated by the department of natural resources. 25 g. Not more than 15 percent of the moneys appropriated 26 in paragraph “a” may be used for costs of administration and 27 implementation of soil and water conservation practices. 28 h. In lieu of moneys appropriated in section 466A.5 , 29 not more than $25,000 $50,000 of the moneys appropriated in 30 paragraph “a” shall be used by the soil conservation division 31 of the department of agriculture and land stewardship to 32 provide administrative support to the watershed improvement 33 review board established in section 466A.3 . 34 i. The department may use not more than $375,000 of the 35 -17- LSB 5003HB (2) 85 da/jp 17/ 40
H.F. _____ moneys appropriated in paragraph “a” to support urban soil 1 and water conservation efforts, which may include but is not 2 limited to management practices related to bio-retention, 3 landscaping, the use of permeable pavement, and soil quality 4 restoration. The moneys shall be allocated on a cost-share 5 basis as provided in chapter 161A. 6 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND 7 a. For deposit in the loess hills development and 8 conservation fund created in section 161D.2 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262,500 10 800,000 11 b. (1) Of the amount appropriated in paragraph “a”, 12 $196,875 $600,000 shall be allocated to the fund’s hungry 13 canyons account. 14 (2) Not more than 10 percent of the moneys allocated to the 15 hungry canyons account as provided in subparagraph (1) may be 16 used for administrative costs. 17 c. (1) Of the amount appropriated in paragraph “a”, $65,625 18 $200,000 shall be allocated to the fund’s loess hills alliance 19 account. 20 (2) Not more than 10 percent of the moneys allocated to the 21 loess hills alliance account as provided in subparagraph (1) 22 may be used for administrative costs. 23 8. AGRICULTURAL DRAINAGE WELL WATER QUALITY ASSISTANCE FUND 24 For deposit in the agricultural drainage well water quality 25 assistance fund created in section 460.303 to be used for 26 purposes of supporting the agricultural drainage well water 27 quality assistance program as provided in section 460.304: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 550,000 29 9. SILOS AND SMOKESTACKS 30 For purposes of supporting the silos and smokestacks 31 national heritage area to provide continued agricultural 32 education and preservation: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 34 Sec. 21. 2013 Iowa Acts, chapter 132, section 48, is amended 35 -18- LSB 5003HB (2) 85 da/jp 18/ 40
H.F. _____ to read as follows: 1 SEC. 48. DEPARTMENT OF NATURAL RESOURCES. There is 2 appropriated from the environment first fund created in section 3 8.57A to the department of natural resources for the fiscal 4 year beginning July 1, 2014, and ending June 30, 2015, the 5 following amounts, or so much thereof as is necessary, to be 6 used for the purposes designated: 7 1. KEEPERS OF THE LAND 8 For statewide coordination of volunteer efforts under the 9 water quality and keepers of the land programs: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 11 100,000 12 2. STATE PARKS MAINTENANCE AND OPERATIONS 13 For regular maintenance and operations of state parks and 14 staff time associated with these activities: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,180,000 16 4,610,000 17 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) 18 To provide local watershed managers with geographic 19 information system data for their use in developing, 20 monitoring, and displaying results of their watershed work: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,500 22 195,000 23 4. WATER QUALITY MONITORING 24 For continuing the establishment and operation of water 25 quality monitoring stations: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,477,500 27 2,955,000 28 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 29 For deposit in the public water supply system account of the 30 water quality protection fund created in section 455B.183A : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 32 500,000 33 6. REGULATION OF ANIMAL FEEDING OPERATIONS 34 For the regulation of animal feeding operations, including 35 -19- LSB 5003HB (2) 85 da/jp 19/ 40
H.F. _____ as provided for in chapters 459 through 459B : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 660,000 2 1,320,000 3 7. AMBIENT AIR QUALITY 4 For the abatement, control, and prevention of ambient 5 air pollution in this state, including measures as necessary 6 to assure attainment and maintenance of ambient air quality 7 standards from particulate matter: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,500 9 425,000 10 8. WATER QUANTITY REGULATION 11 For regulating water quantity from surface and subsurface 12 sources by providing for the allocation and use of water 13 resources, the protection and management of water resources, 14 and the preclusion of conflicts among users of water resources, 15 including as provided in chapter 455B, division III, part 4: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 247,500 17 495,000 18 9. GEOLOGICAL AND WATER SURVEY 19 For continuing the operations of the department’s geological 20 and water survey including but not limited to providing 21 analysis, data collection, investigative programs, and 22 information for water supply development and protection: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 24 200,000 25 10. KEEP IOWA BEAUTIFUL INITIATIVE 26 For purposes of supporting a keep Iowa beautiful initiative 27 in order to assist communities in developing and implementing 28 beautification and community development plans: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 30 200,000 31 Sec. 22. 2013 Iowa Acts, chapter 132, section 49, is amended 32 to read as follows: 33 SEC. 49. REVERSION. 34 1. Notwithstanding Except as provided in subsection 2, 35 -20- LSB 5003HB (2) 85 da/jp 20/ 40
H.F. _____ and notwithstanding section 8.33 , moneys appropriated for the 1 fiscal year beginning July 1, 2014, in this division of this 2 Act that remain unencumbered or unobligated at the close of the 3 fiscal year shall not revert but shall remain available to be 4 used for the purposes designated until the close of the fiscal 5 year beginning July 1, 2015, or until the project for which the 6 appropriation was made is completed, whichever is earlier. 7 2. Notwithstanding section 8.33, moneys appropriated for 8 the fiscal year beginning July 1, 2014, in this division of 9 this Act to the department of agriculture and land stewardship 10 to provide financial assistance for the establishment of 11 permanent soil and water conservation practices that remain 12 unencumbered or unobligated at the close of the fiscal year 13 shall not revert but shall remain available for expenditure 14 for the purposes designated until the close of the fiscal year 15 beginning July 1, 2017. 16 DIVISION VI 17 ENVIRONMENT FIRST FUND 18 SPECIAL APPROPRIATION FOR FY 2014-2015 19 Sec. 23. 2013 Iowa Acts, chapter 132, is amended by adding 20 the following new section: 21 NEW SECTION . SEC. 64. REAP —— IN LIEU OF GENERAL FUND 22 APPROPRIATION. Notwithstanding the amount of the standing 23 appropriation from the general fund of the state to the Iowa 24 resources enhancement and protection fund as provided in 25 section 455A.18, there is appropriated from the environment 26 first fund created in section 8.57A to the Iowa resources 27 enhancement and protection fund, in lieu of the appropriation 28 made in section 455A.18, for the fiscal year beginning July 1, 29 2014, and ending June 30, 2015, the following amount, to be 30 allocated as provided in section 455A.19: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,000,000 32 DIVISION VII 33 SOIL AND WATER CONSERVATION PRACTICES 34 REVERSION OF APPROPRIATIONS FOR FY 2013-2014 35 -21- LSB 5003HB (2) 85 da/jp 21/ 40
H.F. _____ Sec. 24. 2013 Iowa Acts, chapter 132, section 25, is amended 1 to read as follows: 2 SEC. 25. REVERSION. 3 1. Notwithstanding Except as provided in subsection 2, 4 and notwithstanding section 8.33 , moneys appropriated for the 5 fiscal year beginning July 1, 2013, in this division of this 6 Act that remain unencumbered or unobligated at the close of 7 the fiscal year shall not revert but shall remain available 8 to be used for the purposes designated until the close of the 9 succeeding fiscal year or until the project for which the 10 appropriation was made is completed, whichever is earlier. 11 2. Notwithstanding section 8.33, moneys appropriated for 12 the fiscal year beginning July 1, 2013, in this division of 13 this Act to the department of agriculture and land stewardship 14 to provide financial assistance for the establishment of 15 permanent soil and water conservation practices that remain 16 unencumbered or unobligated at the close of the fiscal year 17 shall not revert but shall remain available for expenditure 18 for the purposes designated until the close of the fiscal year 19 beginning July 1, 2016. 20 DIVISION VIII 21 REAP —— OPEN SPACES ACCOUNT 22 SPECIAL APPROPRIATION FOR FY 2013-2014 23 Sec. 25. 2013 Iowa Acts, chapter 132, is amended by adding 24 the following new section: 25 NEW SECTION . SEC. 65. SPECIAL APPROPRIATION. 26 1. Notwithstanding section 455A.19, subsection 1, paragraph 27 “a”, there is appropriated from the open spaces account of 28 the Iowa resources enhancement and protection fund to the 29 department of natural resources for the fiscal year beginning 30 July 1, 2013, and ending June 30, 2014, the following amount, 31 or so much thereof as is necessary, to be used for the purposes 32 designated: 33 For purposes of supporting the regular maintenance and 34 operations of state parks and staff time associated with these 35 -22- LSB 5003HB (2) 85 da/jp 22/ 40
H.F. _____ activities: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 2 2. The moneys appropriated in subsection 1 shall be expended 3 on or after the effective date of this division of this Act 4 prior to the expenditure of any unobligated moneys remaining in 5 the open spaces account. 6 3. Notwithstanding section 455A.19, subsection 2, any 7 moneys appropriated in this section that remain unexpended 8 or unobligated at the close of the fiscal year beginning 9 July 1, 2013, shall revert to the Iowa resources enhancement 10 and protection fund created pursuant to section 455A.18 for 11 allocation to accounts other than the open spaces account as 12 provided in section 455A.19. 13 Sec. 26. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION IX 17 REAP —— OPEN SPACES ACCOUNT 18 SPECIAL APPROPRIATIONS FOR FY 2014-2015 19 Sec. 27. 2013 Iowa Acts, chapter 132, is amended by adding 20 the following new section: 21 NEW SECTION . SEC. 66. SPECIAL APPROPRIATIONS. 22 1. Notwithstanding section 455A.19, subsection 1, paragraph 23 “a”, there is appropriated from the open spaces account of 24 the Iowa resources enhancement and protection fund to the 25 department of natural resources for the fiscal year beginning 26 July 1, 2014, and ending June 30, 2015, the following amount, 27 or so much thereof as is necessary, to be used for the purposes 28 designated: 29 a. For purposes of supporting the regular maintenance and 30 operations of state parks and staff time associated with these 31 activities: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 33 b. For purposes of providing for forestry health management 34 programs: 35 -23- LSB 5003HB (2) 85 da/jp 23/ 40
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 1 2. The moneys appropriated in subsection 1 shall be expended 2 on or after the effective date of this division of this Act 3 prior to the expenditure or obligation of any moneys allocated 4 to the account on or after the effective date of this division 5 of this Act. 6 3. Notwithstanding section 455A.19, subsection 2, any 7 moneys appropriated in this section that remain unexpended 8 or unobligated at the close of the fiscal year beginning 9 July 1, 2014, shall revert to the Iowa resources enhancement 10 and protection fund created pursuant to section 455A.18 for 11 allocation to accounts other than the open spaces account as 12 provided in section 455A.19. 13 DIVISION X 14 RELATED STATUTORY CHANGES 15 DNR —— PURCHASE OF RADIOS 16 Sec. 28. 2011 Iowa Acts, chapter 128, section 19, subsection 17 1, as amended by 2012 Iowa Acts, chapter 1135, section 15, as 18 amended by 2013 Iowa Acts, chapter 132, section 51, is amended 19 to read as follows: 20 SEC. 19. USE OF MONEYS —— RADIOS. 21 1. Notwithstanding 2010 Iowa Acts, chapter 1191, section 7, 22 the department of natural resources may use the unappropriated 23 balance remaining in the state fish and game protection fund 24 for the fiscal year beginning July 1, 2010, and ending June 25 30, 2011, to purchase mobile radios to meet federal and state 26 requirements for homeland security and public safety. This 27 section applies to those moneys in the fund that are not 28 otherwise used, obligated, or encumbered for payment of health 29 and life insurance premium payments for conservation peace 30 officer retirements for that fiscal year. The department may 31 use such moneys until June 30, 2014 2015 . 32 Sec. 29. EFFECTIVE UPON ENACTMENT. This division of this 33 Act, being deemed of immediate importance, takes effect upon 34 enactment. 35 -24- LSB 5003HB (2) 85 da/jp 24/ 40
H.F. _____ DIVISION XI 1 RELATED STATUTORY CHANGES 2 DNR —— MANURE MANAGEMENT CERTIFICATION 3 Sec. 30. 2013 Iowa Acts, chapter 132, section 17, is amended 4 by adding the following new subsection: 5 NEW SUBSECTION . 2A. Notwithstanding section 8.33, moneys 6 appropriated in subsection 1 that remain unencumbered or 7 unobligated at the close of the fiscal year beginning July 8 1, 2013, shall not revert but shall remain available for 9 expenditure for the purposes designated until the close of the 10 fiscal year beginning July 1, 2014. 11 Sec. 31. EFFECTIVE UPON ENACTMENT. This division of this 12 Act, being deemed of immediate importance, takes effect upon 13 enactment. 14 DIVISION XII 15 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 16 WATER QUALITY INITIATIVE —— CONFIDENTIALITY 17 Sec. 32. Section 466B.47, subsection 5, Code 2014, is 18 amended by striking the subsection. 19 Sec. 33. NEW SECTION . 466B.49 Confidentiality of 20 information. 21 Any information received, collected, or held under this 22 subchapter is a confidential record, and is exempted from 23 public access as provided in section 22.7, if all of the 24 following apply: 25 1. The information is received, collected, or held by any 26 of the following: 27 a. The center. 28 b. A nonprofit organization that conducts nutrient 29 management research, including but not limited to conducting 30 evaluations, assessments, or validations. 31 2. The information identifies any of the following: 32 a. A person who holds a legal interest in agricultural land 33 or who has previously held a legal interest in agricultural 34 land. 35 -25- LSB 5003HB (2) 85 da/jp 25/ 40
H.F. _____ b. A person who is involved or who has previously been 1 involved in managing the agricultural land or producing crops 2 or livestock on the agricultural land. 3 c. The identifiable location of the agricultural land. 4 Sec. 34. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 DIVISION XIII 8 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 9 REAP RESTRICTIONS ON OPEN SPACES ACCOUNT 10 Sec. 35. Section 455A.19, subsection 1, paragraph a, Code 11 2014, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (4) The department shall not acquire 13 any interest in land using moneys allocated to the open spaces 14 account under this paragraph “a” by exercising the power of 15 eminent domain, including as provided in chapters 6A and 6B. 16 Sec. 36. PENDING EMINENT DOMAIN PROCEEDINGS 17 TERMINATED. Any proceeding commenced by the state and pending 18 on the effective date of this division of this Act to acquire 19 any interest in land using moneys allocated to the open spaces 20 account under section 455A.19, subsection 1, paragraph “a”, by 21 exercising the power of eminent domain, including as provided 22 in chapters 6A and 6B, shall be immediately terminated. 23 Sec. 37. APPROPRIATION MADE CONTINGENT. All unencumbered 24 and unobligated moneys appropriated to the department of 25 natural resources from the general fund of the state under 26 2013 Iowa Acts, chapter 132, section 37, as amended in this 27 2014 Iowa Act, shall immediately revert to the general fund of 28 the state if the department uses moneys allocated to the open 29 spaces account under section 455A.19, subsection 1, paragraph 30 “a”, to acquire any interest in land by exercising the power of 31 eminent domain, including as provided in chapters 6A and 6B. 32 Sec. 38. EFFECTIVE UPON ENACTMENT. This division of this 33 Act, being deemed of immediate importance, takes effect upon 34 enactment. 35 -26- LSB 5003HB (2) 85 da/jp 26/ 40
H.F. _____ DIVISION XIV 1 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 LOESS HILLS 2 AUTHORITY AND ALLIANCE 3 Sec. 39. NEW SECTION . 161D.9 Oversee or manage public or 4 private land —— referendum. 5 1. The loess hills development and conservation authority 6 or the board of directors of the loess hills alliance shall not 7 execute any agreement with a local government or the state or 8 federal government, if the agreement allows the authority or 9 alliance to oversee or manage public or private land situated 10 within the loess hills area, unless the question to oversee or 11 manage such land is approved by a referendum of eligible voters 12 asked to answer either “yes” or “no”. An eligible voter must 13 be an individual who is a citizen of the United States, not 14 less than eighteen years of age, and the owner of land located 15 within twenty-five miles from the borders of the land that the 16 authority or alliance proposes to oversee or manage. 17 2. a. The board of directors of the alliance shall provide 18 notice of the referendum to eligible voters by publication in 19 the same manner provided in section 331.305. A copy of the 20 notice shall also be sent by ordinary mail to the last known 21 mailing address of each eligible voter. The notice shall 22 provide eligible voters with all information necessary to cast 23 a vote at a reasonable time and a reasonable manner. 24 b. The board of directors of the alliance may conduct the 25 referendum by mail, electronic means, or a general meeting of 26 eligible voters. The board of directors shall conduct the 27 referendum and count and tabulate the ballots cast during 28 the referendum within thirty days following the close of the 29 referendum. 30 c. If the voters disapprove the question, an additional 31 referendum on the same question shall not be conducted. 32 3. This section shall not be construed to increase the 33 authority of the alliance provided in this chapter. 34 Sec. 40. NEW SECTION . 161D.10 Rules. 35 -27- LSB 5003HB (2) 85 da/jp 27/ 40
H.F. _____ The board of directors of the alliance shall adopt all rules 1 necessary to administer this subchapter. 2 Sec. 41. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 DIVISION XV 6 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 7 EMINENT DOMAIN 8 Sec. 42. NEW SECTION . 6A.15 Property on state historic 9 registry. 10 1. Property listed on the state register of historic places 11 maintained by the historical division of the department of 12 cultural affairs shall not be removed from the register solely 13 for the purpose of allowing acquisition of the property by 14 condemnation, unless such condemnation is undertaken by the 15 department of transportation. 16 2. Property listed on the state register of historic places 17 maintained by the historical division of the department of 18 cultural affairs shall not be condemned by the state or a 19 political subdivision unless a joint resolution authorizing 20 commencement of the condemnation proceedings is approved by a 21 vote of at least two-thirds of the members of both chambers of 22 the general assembly and signed by the governor. The approval 23 requirements of this subsection shall not apply to condemnation 24 undertaken by the department of transportation. 25 Sec. 43. Section 6A.19, Code 2014, is amended to read as 26 follows: 27 6A.19 Interpretative clause. 28 A grant in this chapter of right to take private property 29 for a public use shall not be construed as limiting a like 30 grant elsewhere in the Code for another and different use. 31 Unless specifically provided by law, this chapter shall not 32 be construed to limit or otherwise affect the application of 33 chapters 478 and 479 to the eminent domain authority of the 34 utilities division of the department of commerce. 35 -28- LSB 5003HB (2) 85 da/jp 28/ 40
H.F. _____ Sec. 44. Section 6A.22, subsection 2, paragraph c, 1 subparagraph (1), Code 2014, is amended to read as follows: 2 (1) (a) If private property is to be condemned for 3 development or creation of a lake, only that number of acres 4 justified as reasonable and necessary for a surface drinking 5 water source, and not otherwise acquired, may be condemned. 6 In addition, the acquiring agency shall conduct a review of 7 prudent and feasible alternatives to provision of a drinking 8 water source prior to making a determination that such 9 lake development or creation is reasonable and necessary. 10 Development or creation of a lake as a surface drinking water 11 source includes all of the following: 12 (i) Construction of the dam, including sites for suitable 13 borrow material and the auxiliary spillway. 14 (ii) The water supply pool. 15 (iii) The sediment pool. 16 (iv) The flood control pool. 17 (v) The floodwater retarding pool. 18 (vi) The surrounding area upstream of the dam no higher in 19 elevation than the top of the dam’s elevation. 20 (vii) The appropriate setback distance required by state or 21 federal laws and regulations to protect drinking water supply. 22 (b) For purposes of this subparagraph (1), “number of acres 23 justified as reasonable and necessary for a surface drinking 24 water source” means according to guidelines of the United 25 States natural resource conservation service and according to 26 analyses of surface drinking water capacity needs conducted by 27 one or more registered professional engineers. The registered 28 professional engineers may, if appropriate, employ standards 29 or guidelines other than the guidelines of the United States 30 natural resource conservation service when determining the 31 number of acres justified as reasonable and necessary for 32 a surface drinking water source. The data and information 33 used by the registered professional engineers shall include 34 data and information relating to population and commercial 35 -29- LSB 5003HB (2) 85 da/jp 29/ 40
H.F. _____ enterprise activity for the area from the two most recent 1 federal decennial censuses unless the district court of the 2 county in which the property is situated has determined by 3 a preponderance of the evidence that such data would not 4 accurately predict the population and commercial enterprise 5 activity of the area in the future. 6 (c) A second review or analysis of the drinking water 7 capacity needs shall be performed upon receipt by the acquiring 8 agency of a petition signed by not less than twenty-five 9 percent of the affected property owners. The registered 10 professional engineer to perform the second review or analysis 11 shall be selected by a committee appointed by the affected 12 property owners and whose membership is comprised of at 13 least fifty percent property owners affected by the proposed 14 condemnation action. The acquiring agency shall be responsible 15 for paying the fees and expenses of such an engineer. 16 (d) If private property is to be condemned for development 17 or creation of a lake, the plans, analyses, applications, 18 including any application for funding, and other planning 19 activities of the acquiring agency shall not include or provide 20 for the use of the lake for recreational purposes. 21 Sec. 45. Section 6B.54, subsection 10, paragraph a, Code 22 2014, is amended by adding the following new subparagraph: 23 NEW SUBPARAGRAPH . (3) Reasonable attorney fees and 24 reasonable costs not to exceed one hundred thousand dollars, 25 attributable to a determination that the creation of a lake 26 through condemnation includes a future recreational use or that 27 a violation of section 6A.22, subsection 2, paragraph “c” , 28 subparagraph (1), subparagraph division (d), has occurred, if 29 such fees and costs are not otherwise provided under section 30 6B.33. 31 Sec. 46. NEW SECTION . 6B.56B Disposition of condemned 32 property —— two-year time period. 33 1. When two years have elapsed since property was condemned 34 for the creation of a lake according to the requirements of 35 -30- LSB 5003HB (2) 85 da/jp 30/ 40
H.F. _____ section 6A.22, subsection 2, paragraph “c” , subparagraph (1), 1 and the property has not been used for or construction has 2 not progressed substantially from the date the property was 3 condemned for the purpose stated in the application filed 4 pursuant to section 6B.3, and the acquiring agency has not 5 taken action to dispose of the property pursuant to section 6 6B.56, the acquiring agency shall, within sixty days, adopt a 7 resolution offering the property for sale to the prior owner 8 at a price as provided in section 6B.56. If the resolution 9 adopted approves an offer of sale to the prior owner, the offer 10 shall be made in writing and mailed by certified mail to the 11 prior owner. The prior owner has one hundred eighty days after 12 the offer is mailed to purchase the property from the acquiring 13 agency. 14 2. If the acquiring agency has not adopted a resolution 15 described in subsection 1 within the sixty-day time period, the 16 prior owner may, in writing, petition the acquiring agency to 17 offer the property for sale to the prior owner at a price as 18 provided in section 6B.56. Within sixty days after receipt of 19 such a petition, the acquiring agency shall adopt a resolution 20 described in subsection 1. If the acquiring agency does not 21 adopt such a resolution within sixty days after receipt of the 22 petition, the acquiring agency is deemed to have offered the 23 property for sale to the prior owner. 24 3. The acquiring agency shall give written notice to the 25 owner of the right to purchase the property under this section 26 at the time damages are paid to the owner. 27 Sec. 47. Section 403.7, subsection 1, unnumbered paragraph 28 1, Code 2014, is amended to read as follows: 29 A municipality shall have the right to acquire by 30 condemnation any interest in real property, including a fee 31 simple title thereto, which it may deem necessary for or in 32 connection with an urban renewal project under this chapter , 33 subject to the limitations on eminent domain authority 34 in chapter chapters 6A and 6B . However, a municipality 35 -31- LSB 5003HB (2) 85 da/jp 31/ 40
H.F. _____ shall not condemn agricultural land included within an 1 economic development area for any use unless the owner of 2 the agricultural land consents to condemnation or unless the 3 municipality determines that the land is necessary or useful 4 for any of the following: 5 Sec. 48. NEW SECTION . 423B.11 Use of revenues —— 6 limitation. 7 The revenue raised by a local sales and services tax imposed 8 under this chapter by a county shall not be expended for any 9 purpose related to a project that includes the condemnation of 10 private property for the creation of a lake according to the 11 requirements of section 6A.22, subsection 2, paragraph “c” , 12 subparagraph (1), if the local sales and services tax has not 13 been approved at election in the area where the property to be 14 condemned is located. 15 Sec. 49. Section 455A.5, Code 2014, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 7. The authority granted to the commission 18 to acquire real property for purposes of carrying out a 19 duty related to development or maintenance of the recreation 20 resources of the state, including planning, acquisition, and 21 development of recreational projects, and areas and facilities 22 related to such projects, shall not include the authority to 23 acquire real property by eminent domain. 24 Sec. 50. Section 456A.24, subsection 2, unnumbered 25 paragraph 1, Code 2014, is amended to read as follows: 26 Acquire by purchase, condemnation, lease, agreement, 27 gift, and devise lands or waters suitable for the purposes 28 hereinafter enumerated, and rights-of-way thereto, and to 29 maintain the same for the following purposes , to wit : 30 Sec. 51. Section 456A.24, Code 2014, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 15. The authority granted the department 33 to acquire real property for any statutory purpose relating to 34 the development or maintenance of the recreation resources of 35 -32- LSB 5003HB (2) 85 da/jp 32/ 40
H.F. _____ the state, including planning, acquisition, and development 1 of recreational projects, and areas and facilities related to 2 such projects, shall not include the authority to acquire real 3 property by eminent domain. 4 Sec. 52. Section 461A.7, Code 2014, is amended to read as 5 follows: 6 461A.7 Eminent domain Purchase of lands —— public parks . 7 The commission may purchase or condemn lands from willing 8 sellers for public parks. No A contract for the purchase of 9 such public parks shall not be made to an amount in excess of 10 funds appropriated therefor by the general assembly. 11 Sec. 53. Section 461A.10, Code 2014, is amended to read as 12 follows: 13 461A.10 Title to lands. 14 The title to all lands purchased, condemned, or donated , 15 hereunder, for park or highway purposes and the title to all 16 lands purchased, condemned, or donated hereunder for highway 17 purposes , shall be taken in the name of the state and if 18 thereafter it shall be deemed advisable to sell any portion of 19 the land so purchased or condemned, the proceeds of such sale 20 shall be placed to the credit of the said public state parks 21 fund to be used for such park purposes. 22 Sec. 54. Section 463C.8, subsection 1, paragraph k, Code 23 2014, is amended to read as follows: 24 k. The power to acquire, own, hold, administer, and dispose 25 of property , except that such power is not a grant of authority 26 to acquire property by eminent domain . 27 Sec. 55. 2013 Iowa Acts, chapter 132, is amended by adding 28 the following new section: 29 NEW SECTION . SEC. 75. REPEAL. Sections 461A.9 and 461A.75, 30 Code 2014, are repealed. 31 Sec. 56. SEVERABILITY. If any provision of this division of 32 this Act is held invalid, the invalidity shall not affect other 33 provisions or applications of this division of this Act which 34 can be given effect without the invalid provision, and to this 35 -33- LSB 5003HB (2) 85 da/jp 33/ 40
H.F. _____ end the provisions of this division of this Act are severable 1 as provided in section 4.12. 2 Sec. 57. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 Sec. 58. APPLICABILITY. Except as otherwise provided in 6 this division of this Act, this division of this Act applies to 7 projects or condemnation proceedings pending or commenced on or 8 after the effective date of this division of this Act. 9 Sec. 59. RETROACTIVE APPLICABILITY. Notwithstanding any 10 provision of law to the contrary, the following provision or 11 provisions of this division of this Act apply retroactively to 12 projects or condemnation proceedings pending or commenced on or 13 after February 15, 2013: 14 1. The section of this division of this Act amending section 15 6A.22. 16 2. The section of this division of this Act enacting section 17 6B.56B. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 GENERAL. This bill relates to agriculture and natural 22 resources by making appropriations for the 2014-2015 fiscal 23 year to support related entities, including the department of 24 agriculture and land stewardship (DALS), the department of 25 natural resources (DNR), and Iowa state university (ISU). 26 DALS —— GENERAL FUND APPROPRIATION. For DALS, moneys are 27 appropriated from the general fund in order to support its 28 administrative divisions. Moneys are transferred to Iowa state 29 university to support its midwest grape and wine institute. 30 DALS —— MISCELLANEOUS FUNDS APPROPRIATIONS. The bill 31 appropriates moneys from a number of sources to support DALS 32 in order to support designated purposes, including moneys 33 derived from unclaimed winnings from horse and dog races, 34 for administration and enforcement of racing regulations 35 -34- LSB 5003HB (2) 85 da/jp 34/ 40
H.F. _____ (Code section 99D.22); and moneys from the renewable fuel 1 infrastructure fund, for purposes of motor fuel inspection and 2 auditing biofuel processing and production (Code chapter 214A). 3 DALS —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill makes 4 special appropriations from the general fund to DALS in order 5 to support specific purposes including milk inspection (Code 6 section 192.109), the local food and farm program (Code chapter 7 267A), an agricultural education organization, and assistance 8 to farmers with disabilities. 9 DALS —— WATER QUALITY INITIATIVE. Moneys are appropriated 10 from the general fund for deposit in a water quality initiative 11 fund for purposes of supporting a water quality initiative 12 administered by DALS’ soil conservation division and ISU. 13 DNR —— GENERAL FUND AND OTHER MAJOR FUNDS APPROPRIATIONS. 14 The bill makes appropriations from a number of funds to DNR in 15 order to support its administrative divisions involving natural 16 resources and environmental protection from the general fund 17 of the state, the state fish and game protection fund, and the 18 groundwater protection fund. 19 DNR —— DESIGNATED MISCELLANEOUS FUNDS APPROPRIATIONS. The 20 bill appropriates moneys to DNR from a number of sources to 21 support designated purposes, including moneys deposited in the 22 special snowmobile fund (Code section 321G.7) to provide for 23 administering and enforcing the state snowmobile programs; and 24 moneys deposited in the unassigned revenue fund for purposes 25 of paying for administration of the department’s underground 26 storage tank section. 27 DNR —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill also 28 makes special appropriations from the general fund to DNR 29 in order to support specific purposes including floodplain 30 management and dam safety, and forestry health management 31 programs. Moneys are also transferred from the general fund to 32 the loess hills development and conservation fund. 33 ISU —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill 34 appropriates moneys from the general fund to ISU to support the 35 -35- LSB 5003HB (2) 85 da/jp 35/ 40
H.F. _____ operation of its veterinary diagnostic laboratory. 1 DALS AND DNR —— GENERAL ENVIRONMENT FIRST FUND. The bill 2 appropriates moneys from the environment first fund to DALS 3 and DNR. For DALS, moneys are appropriated to support the 4 conservation reserve enhancement program, a farm management 5 demonstration program, the conservation reserve program; soil 6 and water conservation efforts, the loess hills development and 7 conservation fund, and the agricultural drainage well water 8 quality assistance fund. For DNR, moneys are appropriated to 9 support keepers of the land; the maintenance of state parks; 10 geographic information systems; water quality monitoring; the 11 public water supply system account; the regulation of animal 12 feeding operations; ambient air quality regulation; water 13 quality regulation; the operation of DNR’s geological and water 14 survey; the keep Iowa beautiful initiative; and the silos and 15 smokestacks national heritage area. 16 The bill provides that moneys appropriated to DALS for FY 17 2014 and FY 2015 to support soil and water conservation do not 18 revert until the close of the fourth fiscal year after the 19 appropriation was made. 20 RESOURCE ENHANCEMENT AND PROTECTION (REAP). The amount 21 of $16 million is appropriated from the environment first 22 fund for FY 2014-2015 in lieu of the $20 million standing 23 appropriation from the general fund (Code section 455A.18). A 24 special appropriation is made from REAP’s open spaces account 25 for FY 2013-2014 and FY 2014-2015. The appropriation for FY 26 2013-2014 is for purposes of supporting regular maintenance 27 and operations of state parks and the appropriation for 28 FY 2014-2015 is made for purposes of supporting regular 29 maintenance and operations of state parks forestry health 30 management programs. 31 DNR PURCHASE OF RADIOS. The bill extends the period for 32 one year that DNR is authorized to purchase radios using the 33 unappropriated balance remaining in the state fish and game 34 fund. 35 -36- LSB 5003HB (2) 85 da/jp 36/ 40
H.F. _____ MANURE MANAGEMENT CERTIFICATION. The bill extends for 1 another fiscal year the period when DNR may expend money 2 appropriated for FY 2013-2014 in order to implement an online 3 certification program for manure applicators. The provision is 4 effective upon enactment. 5 STATUTORY CHANGES —— REAP’s OPEN SPACES ACCOUNT. The bill 6 prohibits DNR from exercising eminent domain power in acquiring 7 land using moneys allocated to REAP’s open spaces account. 8 STATUTORY CHANGES —— WATER QUALITY INITIATIVE. The bill 9 provides that information received, collected, or held by the 10 Iowa nutrient research center or a nonprofit organization 11 acting under the water quality initiative (Code chapter 466B, 12 subchapter IV) is a confidential record and exempted from 13 public access under the public records law. 14 STATUTORY CHANGES —— LOESS HILLS DEVELOPMENT AND 15 CONSERVATION. The bill prohibits the loess hills development 16 and conservation authority or board of directors of the loess 17 hills alliance from executing any agreement with a local 18 government or the state or federal government that allows the 19 authority or alliance to oversee or manage public or private 20 land unless approved by a referendum of persons holding land 21 in proximity to the land proposed to be overseen or managed. 22 The board is also required to adopt rules to administer its 23 responsibilities. 24 STATUTORY CHANGES —— EMINENT DOMAIN PROCEDURES. 25 GENERAL. The bill includes a division that makes changes 26 relating to eminent domain authority and procedures. 27 STATE REGISTER OF HISTORIC PLACES. The bill provides that 28 property listed on the state register of historic places shall 29 not be removed from the register solely for the purpose of 30 allowing the property to be acquired by condemnation unless the 31 condemnation is undertaken by the department of transportation. 32 The bill also provides that property on the state register 33 of historic places shall not be condemned unless a joint 34 resolution authorizing the condemnation is approved by a vote 35 -37- LSB 5003HB (2) 85 da/jp 37/ 40
H.F. _____ of at least two-thirds of each chamber of the general assembly 1 and signed by the governor. This approval procedure, however, 2 does not apply to a condemnation undertaken by the department 3 of transportation. 4 UTILITIES DIVISION. The bill specifies that Code chapter 5 6A, unless specifically provided by law, is not to be construed 6 to limit or otherwise affect the application of Code chapters 7 478 and 479 providing eminent domain authority to the utilities 8 division of the department of commerce. 9 LAKES —— GENERAL. The bill makes changes relating to eminent 10 domain authority in relation to development or creation of 11 a lake. The bill provides that when determining the number 12 of acres justified as reasonable and necessary for a surface 13 drinking water source, the registered professional engineers 14 may, if appropriate, employ standards or guidelines other 15 than the guidelines of the United States natural resource 16 conservation service. The bill requires the data and 17 information used by the registered professional engineers 18 to include data and information relating to population and 19 commercial enterprise activity for the area from the two most 20 recent federal decennial censuses unless the district court of 21 the county in which the property is situated has determined 22 by a preponderance of the evidence that such data would not 23 accurately predict the population and commercial enterprise 24 activity of the area in the future. 25 LAKES —— DRINKING WATER. The bill also provides that a 26 second review or analysis of the drinking water capacity needs 27 shall be performed upon receipt by the acquiring agency of a 28 petition signed by not less than 25 percent of the affected 29 property owners. The registered professional engineer to 30 perform the second review or analysis shall be selected by 31 a committee appointed by the affected property owners and 32 comprised of at least 50 percent property owners affected by 33 the proposed condemnation action. The bill further provides 34 that the acquiring agency shall pay for the services of such 35 -38- LSB 5003HB (2) 85 da/jp 38/ 40
H.F. _____ an engineer. 1 LAKES —— RECREATIONAL PURPOSES LIMITED. The bill provides 2 that if private property is to be condemned for development 3 or creation of a lake, the plans, analyses, applications, 4 including any application for funding, and other planning 5 activities of the acquiring agency shall not include or provide 6 for the use of the lake for recreational purposes. 7 LAKES —— ATTORNEY FEES. The bill adds reasonable attorney 8 fees and reasonable costs that are attributable to certain 9 condemnation proceedings relating to the creation of a lake, 10 up to $100,000, to the list of expenses reimbursable by an 11 acquiring agency to a property owner. 12 LAKES —— RESALE TO PRIOR OWNER. The bill provides that 13 when two years have elapsed since property was condemned for 14 the creation of a lake and the property has not been used 15 for or construction has not progressed substantially for the 16 purpose stated in the application, and the acquiring agency 17 has not taken action to dispose of the property pursuant to 18 Code section 6B.56, the acquiring agency shall, within 60 19 days, adopt a resolution offering the property for sale to the 20 prior owner at a price as provided in Code section 6B.56. If 21 the acquiring agency has not adopted a resolution within the 22 60-day time period, the prior owner may petition the acquiring 23 agency to offer the property for sale to the prior owner at a 24 price as provided in Code section 6B.56. The bill requires the 25 acquiring agency to give written notice to the owner at the 26 time damages are paid to the owner of the right to purchase the 27 property under such circumstances. 28 LAKES —— LOCAL SALES AND SERVICES TAX. The bill provides 29 that the revenue raised by a local sales and services tax 30 imposed under Code chapter 423B by a county shall not be 31 expended for any purpose related to a project that includes 32 the condemnation of private property for the creation of a 33 lake if the local sales and services tax has not been approved 34 at election in the area where the property to be condemned is 35 -39- LSB 5003HB (2) 85 da/jp 39/ 40
H.F. _____ located. 1 URBAN RENEWAL. The bill also amends urban renewal law 2 relating to the circumstances in which a municipality may 3 condemn agricultural land within an economic development urban 4 renewal area to provide that condemnation may occur if viable 5 alternatives do not exist and the acquisition of the land is 6 necessary for the purposes stated in current law. 7 RECREATIONAL USES LIMITED. The bill provides that DNR and 8 the natural resource commission shall not exercise eminent 9 domain authority to acquire real property for purposes of 10 carrying out a duty related to development or maintenance of 11 the recreation resources of the state, including planning, 12 acquisition, and development of recreational projects, 13 and areas and facilities related to such projects. The 14 bill retains DNR’s authority to acquire property through 15 condemnation for highway purposes. 16 The bill’s division takes effect upon enactment and the 17 provisions amending Code section 6A.22 and enacting Code 18 section 6B.56B apply retroactively to projects or condemnation 19 proceedings pending or commenced on or after February 15, 2013. 20 -40- LSB 5003HB (2) 85 da/jp 40/ 40