Senate File 364 - Introduced SENATE FILE 364 BY D. JOHNSON A BILL FOR An Act relating to the creation of a water quality control 1 board. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1992XS (4) 87 sr/sc
S.F. 364 Section 1. NEW SECTION . 466D.1 Water quality control board 1 —— creation. 2 1. A water quality control board is created to provide 3 oversight of all water quality initiatives in the state that 4 are funded, in whole or in part, with public moneys in the form 5 of grants, loans, or other forms of financial assistance, and 6 to oversee implementation of a coordinated, statewide watershed 7 approach that ensures Iowans receive a good return on water 8 quality investments. 9 2. The water quality control board is established in 10 the division of soil conservation and water quality of 11 the department of agriculture and land stewardship for 12 administrative and budgetary purposes. 13 Sec. 2. NEW SECTION . 466D.2 Membership. 14 1. The governor shall appoint the members of the water 15 quality control board for staggered terms of six years 16 beginning and ending as provided by section 69.19, subject to 17 confirmation by the senate. The governor shall include within 18 the membership: 19 a. One member selected by the Iowa state association of 20 counties. 21 b. One member selected by the Iowa league of cities. 22 c. Three members who represent public or private 23 institutions or organizations experienced in agricultural 24 practices, conservation practices, water quality practices, and 25 other persons especially interested in water quality. 26 d. Two members representing the general public. 27 2. a. Sections 69.16, 69.16A, and 69.19 shall apply to the 28 members of the water quality control board. 29 b. Any vacancy in the membership of the board shall 30 be filled in the same manner as regular appointments are 31 made for the unexpired portion of the regular term. In the 32 event the governor fails to make an appointment to fill a 33 vacancy or fails to submit the appointment to the senate for 34 confirmation as required by section 2.32, the senate may make 35 -1- LSB 1992XS (4) 87 sr/sc 1/ 4
S.F. 364 the appointment prior to adjournment of the general assembly. 1 c. Each member of the board shall be compensated as provided 2 in section 7E.6. 3 3. The board shall not include any member who has a conflict 4 of interest, and a statement by a member that the member has a 5 conflict of interest is conclusive for this purpose. 6 Sec. 3. NEW SECTION . 466D.3 Administration of board. 7 1. The water quality control board shall conduct business 8 according to all of the following: 9 a. Four members constitute a quorum and the affirmative vote 10 of a majority of the members is necessary for any action taken 11 by the board. A vacancy in the membership does not impair the 12 right of a quorum of four members to exercise all rights and 13 perform all duties of the board. 14 b. Meetings of the board shall be held at the call of the 15 chairperson or whenever two members so request. 16 c. The members shall elect a chairperson and vice 17 chairperson annually, and other officers as the members 18 determine. 19 2. The department of agriculture and land stewardship in 20 cooperation with the department of natural resources shall 21 assist the board by doing all of the following: 22 a. Provide the board with necessary facilities, items, and 23 clerical support. 24 b. Perform administrative functions necessary for the 25 management of the board. 26 Sec. 4. NEW SECTION . 466D.4 Duties and powers. 27 In furthering the purposes set forth in section 466D.1, 28 subsection 1, the water quality control board shall do all of 29 the following: 30 1. Request data from the department of agriculture and land 31 stewardship, the department of natural resources, and the Iowa 32 finance authority relating to water quality initiatives that 33 each agency is required to administer. 34 2. Oversee statewide watershed assessment, prioritization 35 -2- LSB 1992XS (4) 87 sr/sc 2/ 4
S.F. 364 and planning processes of the water resources coordinating 1 council established pursuant to section 466B.3, and the 2 watershed planning advisory council established pursuant to 3 section 466B.31, and other efforts through the department of 4 agriculture and land stewardship, the department of natural 5 resources, and the Iowa finance authority. 6 3. Provide oversight and coordination of state water 7 quality project funding and cooperate with state and local 8 agencies to develop requirements and evaluation criteria for 9 awarding funds, including all of the following: 10 a. The project has a coordinated plan and timeline for 11 development of a plan. 12 b. The project plan includes goals, timelines, monitoring, 13 measurement, and progress reports. 14 c. The project has the approval and involvement of local 15 leadership and the project has received or is an applicant for 16 funding from other state, federal, local, and private sources. 17 4. Ensure monitoring and results at a small watershed level 18 (HUC-12) are available to the public. 19 5. Identify additional water quality improvement needs, 20 including the need to develop new or innovative programs or 21 projects. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill creates a water quality control board established 26 in the division of soil conservation and water quality of 27 the department of agriculture and land stewardship for 28 administrative and budgetary purposes. The purpose of the 29 board is to provide oversight of all water quality initiatives 30 in the state that are funded, in whole or in part, with 31 public moneys in the form of grants, loans, or other forms 32 of financial assistance, and to oversee implementation of a 33 coordinated, statewide watershed approach that ensures Iowans 34 receive a good return on water quality investments. This 35 -3- LSB 1992XS (4) 87 sr/sc 3/ 4
S.F. 364 includes cooperating with state and local agencies to develop 1 and monitor water quality projects. The board is composed of 2 seven voting members appointed by the governor, subject to 3 confirmation by the senate. The appointive board shall be 4 bipartisan, and no appointment or reappointment shall cause 5 the membership of one political party to be greater than 6 one-half the membership of the board (Code section 69.16). The 7 board shall also be gender balanced (Code section 69.16A). 8 Three members shall be persons representing institutions or 9 organizations experienced in agriculture, conservation, and 10 water quality, one member shall be selected by the Iowa state 11 association of counties, one member shall be selected by the 12 Iowa league of cities, and two members are to represent the 13 general public. 14 The bill provides that the board is responsible for 15 overseeing water quality initiatives in the state. The 16 board is authorized to collect data relating to water quality 17 initiatives from the department of agriculture and land 18 stewardship, the department of natural resources, and the Iowa 19 finance authority to carry out responsibilities to oversee a 20 statewide, coordinated water quality initiative approach. The 21 board shall also be assisted by the department of agriculture 22 and land stewardship and the department of natural resources 23 with necessary facilities, items, clerical support, and to 24 perform administrative functions necessary for the management 25 of the board. 26 -4- LSB 1992XS (4) 87 sr/sc 4/ 4