SF 364 (LSB 1992XS (4) 87)

SENATE FILE 364

BY  D. JOHNSON

A BILL FOR

An Act relating to the creation of a water quality control board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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