House
File
2346
-
Introduced
HOUSE
FILE
2346
BY
ISENHART
and
BEARINGER
A
BILL
FOR
An
Act
providing
for
a
healthy
soils
and
watersheds
initiative,
1
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
161A.3,
Code
2020,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
9A.
“Healthy
soils
practice”
means
the
same
3
as
defined
in
section
161H.1.
4
NEW
SUBSECTION
.
12A.
“Soil
health”
means
the
same
as
5
defined
in
section
161H.1.
6
NEW
SUBSECTION
.
12B.
“Soil
health
assessment”
means
the
7
same
as
defined
in
section
161H.1.
8
NEW
SUBSECTION
.
15.
“Watershed
health”
means
the
same
as
9
defined
in
section
161H.1.
10
Sec.
2.
Section
161A.4,
subsection
2,
paragraph
g,
Code
11
2020,
is
amended
to
read
as
follows:
12
g.
To
assist
each
soil
and
water
conservation
district
in
13
developing
a
district
soil
and
water
resource
conservation
plan
14
as
provided
under
section
161A.7
.
The
plan
shall
be
developed
15
according
to
rules
adopted
by
the
division
to
preserve
and
16
protect
the
public
interest
in
the
soil
and
water
resources
17
of
this
state
for
future
generations
and
for
this
purpose
to
18
encourage,
promote,
facilitate,
and
where
such
public
interest
19
requires,
to
mandate
the
conservation
and
proper
control
of
20
and
use
of
the
soil
and
water
resources
of
this
state,
by
21
measures
including
but
not
limited
to
the
control
of
floods,
22
the
control
of
erosion
by
water
or
by
wind,
the
improvement
of
23
soil
health
and
quantity
of
healthy
soil,
the
improvement
of
24
watershed
health,
the
preservation
of
the
quality
of
water
for
25
its
optimum
use
for
agricultural,
irrigation,
recreational,
26
industrial,
and
domestic
purposes,
all
of
which
shall
be
27
presumed
to
be
conducive
to
the
public
health,
convenience,
and
28
welfare,
both
present
and
future.
29
Sec.
3.
Section
161A.4,
subsection
2,
Code
2020,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
j.
To
assist
landowners
or
occupiers
of
land
32
in
developing
soil
health
assessments.
33
Sec.
4.
Section
161A.4,
subsection
4,
paragraph
a,
34
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
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(1)
Six
of
the
members
shall
be
persons
engaged
in
actual
1
farming
operations,
one
of
whom
at
least
two
of
whom
shall
have
2
experience
using
healthy
soils
practices.
One
of
the
members
3
shall
be
a
resident
of
each
of
six
geographic
regions
in
the
4
state,
including
northwest,
southwest,
north
central,
south
5
central,
northeast,
and
southeast
Iowa,
and
no
more
than
one
of
6
whom
shall
be
a
resident
of
any
one
county.
The
boundaries
of
7
the
geographic
regions
shall
be
established
by
rule.
8
Sec.
5.
Section
161A.7,
subsection
1,
paragraphs
f,
h,
and
9
m,
Code
2020,
are
amended
to
read
as
follows:
10
f.
To
make
available
on
such
terms
as
it
shall
prescribe,
11
to
landowners
or
occupiers
within
the
district,
agricultural
12
and
engineering
machinery
and
equipment,
fertilizer,
lime,
and
13
such
other
material
or
equipment
as
will
assist
such
landowners
14
or
occupiers
to
carry
on
operations
upon
their
lands
for
the
15
conservation
of
soil
resources
and
for
;
the
improvement
of
soil
16
health
and
quantity
of
healthy
soil;
the
prevention
and
control
17
of
soil
erosion
;
and
for
the
prevention
of
erosion,
floodwater,
18
and
sediment
damages.
19
h.
To
develop
comprehensive
plans
for
the
conservation
of
20
soil
resources
,
for
the
improvement
of
soil
health
and
quantity
21
of
healthy
soil,
and
for
the
control
and
prevention
of
soil
22
erosion
and
for
the
prevention
of
erosion,
floodwater,
and
23
sediment
damages
within
the
district,
which
plans
shall
specify
24
in
such
detail
as
may
be
possible,
the
acts,
procedures,
25
performances,
and
avoidances
which
are
necessary
or
desirable
26
for
the
effectuation
of
such
plans,
including
the
specification
27
of
engineering
operations,
methods
of
cultivation,
the
28
growing
of
vegetation,
cropping
programs,
tillage
practices,
29
and
changes
in
use
of
land;
and
to
publish
such
plans
and
30
information
and
bring
them
to
the
attention
of
owners
and
31
occupiers
of
lands
within
the
district.
32
m.
To
encourage
local
school
districts
to
provide
33
instruction
in
the
importance
of
and
in
some
of
the
basic
34
methods
of
soil
conservation
and
healthy
soils
practices
,
as
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a
part
of
course
work
relating
to
conservation
of
natural
1
resources
and
environmental
awareness
required
in
rules
adopted
2
by
the
state
board
of
education
pursuant
to
section
256.11,
3
subsections
3
and
4
,
and
to
offer
technical
assistance
to
4
schools
in
developing
such
instructional
programs.
5
Sec.
6.
Section
161A.7,
subsection
1,
paragraph
n,
6
subparagraph
(1),
subparagraph
divisions
(a)
and
(b),
Code
7
2020,
are
amended
to
read
as
follows:
8
(a)
Assessing
the
condition
of
soil
and
surface
water
in
9
the
district,
including
an
evaluation
of
the
type,
amount,
and
10
quality
of
soil
and
water
,
;
soil
health;
watershed
health;
the
11
threat
of
soil
erosion
and
erosion,
floodwater,
and
sediment
12
damages
,
;
and
necessary
preventative
,
and
control
measures.
13
(b)
Developing
methods
to
maintain
or
improve
soil
health
14
and
water
condition
watershed
health
.
15
Sec.
7.
Section
161A.42,
subsection
9,
paragraph
b,
Code
16
2020,
is
amended
to
read
as
follows:
17
b.
“Temporary
soil
and
water
conservation
practices”
means
18
planting
of
annual
or
biennial
crops,
use
of
strip-cropping,
19
cover-cropping,
contour
planting,
or
minimum
or
mulch
or
20
no
tillage,
healthy
soils
practices,
and
any
agriculture,
21
silviculture,
aquaculture,
permaculture,
or
other
cultural
22
practices
approved
by
the
committee.
23
Sec.
8.
Section
161A.53,
Code
2020,
is
amended
to
read
as
24
follows:
25
161A.53
Cooperation
with
other
agencies.
26
Soil
and
water
conservation
districts
may
enter
into
27
agreements
with
the
federal
government
or
an
agency
of
the
28
federal
government,
as
provided
by
state
law,
or
with
the
state
29
of
Iowa
or
an
agency
of
the
state,
any
other
soil
and
water
30
conservation
district,
or
any
other
political
subdivision
of
31
this
state,
for
cooperation
in
preventing,
controlling,
or
32
attempting
to
prevent
or
control
soil
erosion
,
or
improving
or
33
attempting
to
improve
soil
health
or
performing
soil
health
34
assessments
.
Soil
and
water
conservation
districts
may
accept,
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as
provided
by
state
law,
money
disbursed
for
soil
erosion
1
control
,
soil
health
improvement,
or
soil
health
assessment
2
purposes
by
the
federal
government
or
an
agency
of
the
federal
3
government,
and
expend
the
money
for
the
purposes
for
which
it
4
was
received.
5
Sec.
9.
NEW
SECTION
.
161H.1
Definitions.
6
1.
“Department”
means
the
department
of
agriculture
and
land
7
stewardship.
8
2.
“Division”
means
the
division
of
soil
conservation
and
9
water
quality
created
within
the
department
pursuant
to
section
10
159.5.
11
3.
“Fund”
means
the
healthy
soils
and
watersheds
initiative
12
fund
created
pursuant
to
section
161H.2.
13
4.
“Healthy
soils
practice”
means
an
agricultural
practice
14
that
improves
the
health
of
soil,
including
but
not
limited
to
15
consideration
of
depth
of
topsoil
horizons,
water
infiltration
16
rate,
water
holding
capacity,
organic
matter
content,
nutrient
17
content,
bulk
density,
biological
activity,
biological
and
18
microbiological
diversity,
and
minimizing
of
bare
ground.
19
5.
“Initiative”
means
the
healthy
soils
and
watersheds
20
initiative
created
in
section
161H.3.
21
6.
“Soil
health”
means
the
overall
composition
and
fertility
22
of
soil,
including
the
amount
of
organic
matter
in
and
23
water-holding
capacity
of
the
soil;
and
the
continued
capacity
24
of
soil
to
function
as
a
vital
living
ecosystem
that
sustains
25
plants,
animals,
and
humans,
and
that
supports
the
production
26
of
diverse
food,
fiber,
and
other
agricultural
crops.
27
7.
“Soil
health
assessment”
means
a
suite
of
soil-health
28
indicator
measures,
including
but
not
limited
to
soil
organic
29
matter,
soil
structure,
infiltration
and
bulk
density,
water
30
holding
capacity,
microbial
biomass,
and
soil
respiration.
31
8.
“Watershed
health”
means
the
continued
capacity
of
32
surface
water
and
groundwater
sources
to
function
as
a
vital
33
living
ecosystem
that
is
resilient
to
drought
and
storm
events
34
and
that
sustains
plants,
animals,
and
humans.
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Sec.
10.
NEW
SECTION
.
161H.2
Healthy
soils
and
watersheds
1
initiative
fund.
2
1.
A
healthy
soils
and
watersheds
initiative
fund
is
created
3
in
the
state
treasury
under
the
control
of
the
department.
4
2.
The
fund
is
composed
of
moneys
appropriated
by
the
5
general
assembly
to
the
fund
and
moneys
available
to
and
6
obtained
or
accepted
by
the
department
from
the
United
States,
7
the
state,
or
any
other
source
for
placement
in
the
fund.
8
3.
Moneys
in
the
fund
are
appropriated
to
the
division
9
and
shall
be
used
exclusively
by
the
division
to
support
the
10
healthy
soils
and
watersheds
initiative
created
in
section
11
161H.3,
and
shall
not
require
further
special
authorization
by
12
the
general
assembly.
13
4.
a.
The
moneys
in
the
fund
are
not
subject
to
14
section
8.33
and
shall
not
be
transferred,
used,
obligated,
15
appropriated,
or
otherwise
encumbered
except
as
provided
in
16
this
section.
17
b.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
18
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
19
Sec.
11.
NEW
SECTION
.
161H.3
Healthy
soils
and
watersheds
20
initiative.
21
1.
A
healthy
soils
and
watersheds
initiative
is
created
in
22
the
department
to
be
administered
by
the
division.
23
2.
The
initiative
is
a
voluntary
program
to
assist
in
24
furthering
the
purposes
of
preserving,
optimizing,
and
25
improving
soil
health,
watershed
health,
biodiversity,
and
26
wildlife
habitat
in
the
state.
27
3.
The
division
shall
administer
the
initiative
to
28
the
extent
that
funding
is
available.
The
division
shall
29
administer
the
initiative
in
consultation
and
coordination
30
with
the
department
of
natural
resources
and
soil
and
water
31
conservation
districts.
32
4.
In
administering
the
initiative,
the
division
shall
33
support
activities
that
enhance
soil
health
and
watershed
34
health
by
doing
any
of
the
following:
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a.
(1)
Controlling
soil
erosion
and
sedimentation,
1
including
by
keeping
soil
covered
or
minimizing
soil
2
disturbance
and
external
inputs.
The
division
shall
support
3
conservation
tillage
or
no-till,
cover-cropping,
planned
4
grazing,
integrated
crop-livestock
systems,
integrated
pest
5
management,
nutrient
best
management
practices,
and
those
6
practices
described
in
the
most
recent
field
office
technical
7
guide
published
by
the
United
States
department
of
agriculture.
8
(2)
Increasing
the
quantity
of
healthy
soils.
9
(3)
Maximizing
the
presence
of
living
roots.
10
b.
Improving
water
quality
and
reliable
water
availability,
11
including
by
supporting
activities
that
do
any
of
the
12
following:
13
(1)
Manage
nitrogen
and
phosphorus
applied
to
fields
14
to
minimize
nutrient
runoff
and
reduce
downstream
nutrient
15
loading.
16
(2)
Avoid,
control,
and
trap
nutrient
runoff,
while
17
maintaining
agricultural
productivity.
18
(3)
Manage
water
runoff
and
drainage
water
for
improved
19
local
and
downstream
water
quality.
20
(4)
Improve
water
infiltration
rates
and
water
holding
21
capacities
of
soils
for
improved
stormwater
management
and
22
flood
control,
drought
resilience,
and
groundwater
supply.
23
c.
Integrating
animals
into
land
and
water
management,
24
including
for
use
by
grazing
animals,
birds,
beneficial
25
insects,
or
keystone
species
such
as
earthworms.
26
5.
The
division
shall
by
rule
establish
criteria
for
27
persons
to
participate
in
the
initiative.
A
participant
may
28
include
any
person
determined
by
the
division
who
will
further
29
the
purposes
of
the
initiative
as
described
in
subsection
2,
30
including
but
not
limited
to
any
of
the
following:
31
a.
A
person
holding
a
legal
or
equitable
interest
in
land
32
that
is
used
for
farming,
regardless
of
whether
the
land
is
33
located
within
a
city.
34
b.
An
entity
structured
and
operated
on
a
cooperative
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basis
pursuant
to
26
U.S.C.
§1381(a),
if
the
entity
meets
the
1
definitional
requirements
of
a
cooperative
association
as
2
provided
in
12
U.S.C.
§1141j(a)
or
an
association
as
provided
3
in
7
U.S.C.
§291.
4
6.
The
division
may
support
an
activity
by
providing
5
financial
incentives
in
the
form
of
a
grant,
loan,
or
on
a
6
cost-share
basis.
7
7.
The
initiative
may
be
used
to
establish
soil
and
water
8
conservation
practices
as
provided
in
chapter
161A,
the
9
development
of
soil
health
assessments,
and
efforts
to
further
10
the
education,
training,
employment,
income,
productivity,
or
11
retention
of
persons
working
or
aspiring
to
work
in
occupations
12
associated
with
healthy
soils
practices.
13
8.
In
awarding
financial
incentives,
the
division
shall
14
provide
a
preference
to
an
individual
belonging
to
a
socially
15
disadvantaged
farmer
or
rancher
as
defined
in
7
U.S.C.
16
§
2279(a).
17
Sec.
12.
NEW
SECTION
.
161H.4
Report.
18
By
January
10
of
each
year,
the
division
shall
prepare
19
and
submit
a
report
to
the
governor
and
general
assembly
20
regarding
receipts
and
expenditures
of
the
fund.
The
report
21
shall
include
information
regarding
the
initiative,
including
22
demonstrated
progress
in
furthering
its
purposes.
23
Sec.
13.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
24
immediate
importance,
takes
effect
upon
enactment.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
creates
a
healthy
soils
and
watersheds
initiative
29
(initiative)
administered
by
the
division
of
soil
conservation
30
and
water
quality
(division)
created
within
the
department
31
of
agriculture
and
land
stewardship.
The
purposes
of
the
32
initiative
include
preserving,
optimizing,
and
improving
soil
33
health,
watershed
health,
biodiversity,
and
wildlife
habitat.
34
Soil
health
refers
to
the
overall
composition
of
soil,
its
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water-holding
capacity,
and
its
capacity
to
function
as
a
vital
1
living
ecosystem.
Watershed
health
refers
to
the
capacity
of
2
surface
water
and
groundwater
sources
to
function
as
a
vital
3
living
ecosystem.
4
The
division
is
required,
to
the
extent
that
funding
is
5
available,
to
support
measures
that
further
the
purposes
of
6
the
initiative,
including
controlling
soil
erosion,
improving
7
water
quality
and
reliable
water
availability,
and
integrating
8
animals
into
land
and
water
management
practices.
The
bill
9
authorizes
the
division
to
support
activities
by
use
of
10
financial
incentives
in
the
form
of
a
grant,
loan,
or
on
a
11
cost-share
basis.
Financial
incentives
may
be
used
to
assist
12
in
the
development
of
soil
health
assessments,
and
to
further
13
efforts
of
persons
interested
in
occupations
associated
with
14
healthy
soils
practices.
Activities
are
supported
by
a
healthy
15
soils
and
watersheds
initiative
fund.
The
division
is
required
16
to
prepare
an
annual
report
for
submission
to
the
governor
and
17
general
assembly.
18
The
bill
amends
a
number
of
provisions
in
Code
chapter
161A,
19
providing
soil
and
water
conservation
practices
and
erosion
20
control
practices
administered
by
the
division,
the
state
soil
21
conservation
and
water
quality
committee,
and
commissioners
of
22
soil
and
water
conservation
districts.
The
bill
requires
that
23
at
least
two
members
of
the
committee
have
experience
using
24
healthy
soils
practices.
25
The
bill
takes
effect
upon
enactment.
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