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House File 282 - IntroducedA Bill ForAn Act 1relating to the management of soil and water resources,
2by providing for certain practices and projects, including
3projects described in the Iowa nutrient reduction strategy.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.2, Code 2023, is amended to read as
2follows:
3161A.2 Declaration of policy.
4It is hereby declared to be the policy of the legislature
5to integrate the conservation of soil and water resources
6into the production of agricultural commodities to insure
7the long-term protection of the soil and water resources of
8the state of Iowa, and to encourage the development of farm
9management and agricultural practices that are consistent with
10the capability of the land to sustain agriculture, and thereby
11to preserve natural resources,; promote soil health; control
12floods,; prevent the impairment of dams and reservoirs,; assist
13and maintain the navigability of rivers and harbors,; preserve
14wildlife,; protect the tax base,; protect public lands; and
15promote the health, safety, and public welfare of the people
16of this state.
17 Sec. 2. Section 161A.3, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 9A. “Iowa nutrient reduction strategy”
20means the same as defined in section 455B.171.
21 NEW SUBSECTION. 12A. “Point source” means the same as
22defined in section 455B.171.
23 NEW SUBSECTION. 12B. “Soil health” means the continuing
24capacity of soil to function as a vital living ecosystem that
25sustains plants, animals, and humans.
26 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code
272023, is amended to read as follows:
28g. To assist each soil and water conservation district in
29developing a district soil and water resource conservation plan
30as provided under section 161A.7. The plan shall be developed
31according to rules adopted by the division to preserve and
32protect the public interest in the soil and water resources
33of this state for future generations and for this purpose to
34encourage, promote, facilitate, and where such public interest
35requires, to mandate the conservation and proper control of and
-1-1use of the soil and water resources of this state, by measures
2including but not limited to the control of floods, the control
3of erosion by water or by wind, the improvement of soil health,
4 the preservation of the quality of water for its optimum
5use for agricultural, irrigation, recreational, industrial,
6and domestic purposes, all of which shall be presumed to be
7conducive to the public health, convenience, and welfare, both
8present and future.
9 Sec. 4. Section 161A.7, subsection 1, paragraphs d, f, h,
10and m, Code 2023, are amended to read as follows:
11d. To cooperate, or enter into agreements with, and within
12the limits of appropriations duly made available to it by law,
13to furnish financial or other aid assistance to any agency,
14governmental or otherwise, or any owner or occupier of lands
15within the district, in the carrying on of including by doing
16any of the following:
17(1) Carrying outerosion-control and watershed protection
18and flood prevention operations within the district, subject
19to such conditions as the commissioners may deem necessary to
20advance the purposes of this chapter.
21(2) Carrying out projects or operations within the
22district, as provided in paragraph “p”, subject to such
23conditions as the commissioners may provide to advance the
24purposes of this chapter.
25f. To make available on such terms as it shall prescribe,
26to landowners or occupiers within the district,; agricultural
27and engineering machinery and equipment, fertilizer, lime, and
28such other material or equipment as will assist such landowners
29or occupiers to carry on operations upon their lands for the
30conservation of soil resources and the improvement of soil
31health; and for the prevention and control of soil erosion
32and for the prevention of erosion, floodwater, and sediment
33damages.
34h. To develop comprehensive plans for the conservation of
35soil resources and the improvement of soil health; for the
-2-1control and prevention of soil erosion; and for the prevention
2of erosion, floodwater, and sediment damages within the
3district, which. The comprehensive plans shall specify in such
4detail as may be possible, the acts, procedures, performances,
5and avoidances which are necessary or desirable for the
6effectuation of such plans, including the specification of
7engineering operations, methods of cultivation, the growing of
8vegetation, cropping programs, tillage practices, and changes
9in the use of land; and to. The district shall publish such
10plans and information and bring them to the attention of owners
11and occupiers of lands within the district.
12m. To encourage local school districts to provide
13instruction in the importance of and in some of the basic
14methods of soil conservation and healthy soil practices, as a
15part of course work relating to agriculture, the conservation
16of natural resources, and environmental awareness as required
17in rules adopted by the state board of education pursuant
18to section 256.11, subsections 3 and 4 through 5, and to
19offer technical assistance to schools in developing such
20instructional programs.
21 Sec. 5. Section 161A.7, subsection 1, paragraph n,
22subparagraph (1), subparagraph divisions (a) and (b), Code
232023, are amended to read as follows:
24(a) Assessing the condition of soil and surface water in
25the district, including an evaluation of the type, amount,
26and quality of soil and water,; the threat of soil erosion
27and erosion, floodwater, and sediment damages,; and necessary
28preventative, restoration, and control measures.
29(b) Developing methods to maintain or improve soil health
30 and water condition quality.
31 Sec. 6. Section 161A.7, subsection 1, Code 2023, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. p. To carry out soil erosion prevention and
34mitigation, watershed protection or improvement, water resource
35restoration, flood prevention or control, and water quality
-3-1protection projects and operations, within the district. The
2water quality protection projects and operations may include
3but are not limited to efforts to maintain, protect, and
4improve the quality of surface water and groundwater from point
5sources and nonpoint sources, including by doing any of the
6following:
7(1) Reducing or preventing pollution caused by access to
8agricultural drainage or sinkholes, sedimentation, or chemical
9pollutants.
10(2) Reducing nutrients and other pollutants in or from
11surface water and groundwater.
12(3) Reducing or eliminating nutrient loads from surface
13water or groundwater.
14(4) Achieving or furthering any of the objectives, goals,
15and targets described in the Iowa nutrient reduction strategy.
16 Sec. 7. Section 161A.13, Code 2023, is amended to read as
17follows:
18161A.13 Purpose of subdistricts.
19Subdistricts of a soil and water conservation district may
20be formed as provided in this chapter for the purposes of
21carrying out watershed protection and flood prevention programs
22 to carry out the same purposes of the district under section
23161A.7, within the territory of the subdistrict but shall not
24be formed solely for the purpose of establishing or taking over
25the operation of an existing drainage district.
26 Sec. 8. Section 161A.42, subsection 9, paragraph b, Code
272023, is amended to read as follows:
28b. “Temporary soil and water conservation practices”
29means the planting of annual or biennial crops,; the use of
30strip-cropping, cover cropping, or contour planting, or; the
31use of no-tillage, minimum or tillage, or mulch tillage, and;
32the use of an agriculture practice, silviculture practice,
33aquaculture practice, or permaculture practice; the use of
34extended crop rotations or rotational grazing; or the use
35of any other cultural practices practice approved by the
-4-1committee.
2 Sec. 9. Section 161A.53, Code 2023, is amended to read as
3follows:
4161A.53 Cooperation with other agencies.
5Soil and water conservation districts may enter into
6agreements with the federal government or an agency of the
7federal government, as provided by state law, or with the state
8of Iowa or an agency of the state, any other soil and water
9conservation district, or any other political subdivision of
10this state, for cooperation in preventing, controlling, or
11attempting to prevent or control soil erosion, improving or
12attempting to improve soil health, or performing a soil health
13assessment. Soil and water conservation districts may accept,
14as provided by state law, money disbursed for soil erosion
15control purposes by the federal government or an agency of the
16federal government, and expend the money for the purposes for
17which it was received.
18 Sec. 10. Section 161A.73, subsection 1, paragraph b, Code
192023, is amended to read as follows:
20b. The allocation of moneys as financial incentives provided
21for the purpose of establishing management practices to control
22 prevent and mitigate soil erosion on land that is row cropped
23 and promote soil health, including but not limited to cover
24crops, no-till planting, ridge-till planting, contouring, and
25contour strip-cropping. The division shall by rule establish
26limits on the amount of incentives which shall be authorized
27for payment to landowners upon establishment of the practice.
28 Sec. 11. Section 161C.1, Code 2023, is amended by adding the
29following new subsections:
30 NEW SUBSECTION. 01. “Authorized project” means a project
31that is carried out to support any of the following:
32a. Soil erosion prevention and mitigation.
33b. Watershed protection or improvement.
34c. Water resource restoration.
35d. Flood prevention or control.
-5- 1e. Water quality protection practices.
2f. Water quality projects and operations, including as
3required to achieve or further any of the objectives, goals,
4and targets described in the Iowa nutrient reduction strategy.
5g. Soil health protection and improvement.
6 NEW SUBSECTION. 4A. “Financial partner” means a public
7agency or private agency, as those terms are defined in
8section 28E.2, that provides funding to persons through loans,
9forgivable loans, grants, or other financial instruments.
10 NEW SUBSECTION. 4B. “Iowa nutrient reduction strategy”
11means the same as defined in section 455B.171.
12 NEW SUBSECTION. 5A. “Nonpoint source” means any source of
13pollution other than a point source.
14 NEW SUBSECTION. 5B. “Point source” means the same as
15defined in section 455B.171.
16 Sec. 12. Section 161C.2, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. Each A soil and water conservation district, alone and
19whenever practical in conjunction with other districts, or
20financial partners, shall carry out individual, district-wide,
21 and multiple-district projects to support water protection
22practices in the district or districts, including but not
23limited to authorized projects to protect this state’s
24groundwater and surface water from point sources and nonpoint
25sources of contamination, including but not limited to
26contamination by agricultural drainage wells, sinkholes,
27sedimentation, or chemical pollutants. The projects and
28operations include but are not limited to practices or other
29efforts to reduce pollution caused by access to agricultural
30drainage wells or sinkholes, sedimentation, or chemical
31pollutants, as described in the Iowa nutrient reduction
32strategy.
33 Sec. 13. Section 161C.3, Code 2023, is amended to read as
34follows:
35161C.3 Cooperation with other agencies financial partners.
-6- 1Soil A soil and water conservation districts district may
2enter into agreements an agreement with the United States
3 federal government, as provided by state law, or with the state
4of Iowa or any agency of the state, any other soil and water
5conservation district, or other political subdivision of this
6state, or a financial partner, for cooperation in preventing,
7controlling, or attempting to prevent or control contamination
8 the pollution of groundwater or surface water or groundwater
9 by point sources and nonpoint sources of pollution. Soil
10and water conservation districts may accept, as provided by
11state law, any money disbursed for water quality preservation
12purposes by the federal government or any agency of the federal
13government, and expend the money for the purposes for which it
14was received.
15 Sec. 14. Section 161E.1, Code 2023, is amended to read as
16follows:
17161E.1 Authority of board.
181. a. If a county, soil and water conservation district,
19a subdistrict of a soil and water conservation district,
20political subdivision of the state, or other local agency, or
21a financial partner engages or in, participates in a project
22for flood or erosion control, flood prevention, or carries out
23an authorized project, including but not limited to a water
24quality project or operation, or engages in, participates in,
25or carries out a project for the conservation, development,
26utilization, and disposal of water, in cooperation with the
27federal government, or a department or agency of the federal
28government, the counties in which the project is carried on out
29 may, act through the board of supervisors, construct, or under
30a chapter 28E or 28F agreement, to do any of the following:
31(1) Construct,operate, and maintain the project on lands
32under the control or jurisdiction of the county dedicated to
33county use, or furnish.
34(2) Furnishfinancial and other assistance in connection
35with the projects. Flood, soil erosion control, and watershed
-7-1improvement
2b. Authorizedprojects, including but not limited to water
3quality projects and operations, are presumed to be for the
4protection of the tax base of the county, for the protection of
5public roads and lands, and for the protection of the public
6health, sanitation, safety, and general welfare.
7 Sec. 15. NEW SECTION. 161E.1A Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Authorized project” means the same as defined in section
11161C.1.
122. “Financial partner” means the same as defined in section
13161C.1.
143. “Iowa nutrient reduction strategy” means the same as
15defined in section 455B.171.
16 Sec. 16. Section 161E.2, Code 2023, is amended to read as
17follows:
18161E.2 Federal aid assistance.
19A county may, in accordance with this chapter, accept
20federal funds for aid moneys to assist in a supporting an
21authorized project for flood or soil erosion control, flood
22prevention, or the conservation, development, utilization,
23and disposal of water, and. A county may cooperate with the
24federal government or a department or agency of the federal
25government, a soil and water conservation district, subdistrict
26of a soil and water conservation district, political
27subdivision of the state, or other local agency, and the. The
28 county may assume a proportion of the cost of the authorized
29 project as deemed appropriate, and may assume the maintenance
30cost of the project on lands under the control or jurisdiction
31of the county which will not be discharged by federal aid
32 assistance or grant.
33 Sec. 17. Section 161E.3, Code 2023, is amended to read as
34follows:
35161E.3 Cooperation.
-8- 1The counties, soil and water conservation districts,
2and subdistricts of soil and water conservation districts
3concerned, shall advise and consult with each other, upon the
4request of any of them or any affected landowners, and may
5cooperate with each other or with other state subdivisions or
6instrumentalities, and affected landowners, as well as with the
7federal government or a department or agency of the federal
8government, or with a financial partner, to construct, operate,
9and maintain suitable authorized projects for flood or soil
10erosion control, flood prevention, including but not limited
11to water quality projects and operations, or the conservation,
12development, utilization, and disposal of water on public roads
13or other public lands or other land granted county use.
14 Sec. 18. Section 161E.5, Code 2023, is amended to read as
15follows:
16161E.5 Maintenance cost.
17If construction of projects has been completed by the soil
18and water conservation district, subdistricts a subdistrict of
19the soil and water conservation districts district, a political
20subdivisions subdivision of the state, or other local agencies
21 agency, or the federal government, or a department or agency
22of the federal government, on private lands under the easement
23granted to the county, only the cost of maintenance may be
24assumed by the county.
25 Sec. 19. NEW SECTION. 161F.2A Board of supervisors to
26establish districts — water quality improvement.
27The board of supervisors may establish, subject to the
28provisions of this chapter, a district in the county with the
29purpose of improving water quality. The district may be part
30of a district established pursuant to section 161F.2.
31 Sec. 20. Section 161F.3, Code 2023, is amended to read as
32follows:
33161F.3 Combination of functions.
34Such districts shall have the power to combine in their
35functions activities affecting soil conservation, flood
-9-1control, and drainage, soil health, water quality improvement,
2 or any of these objects, singly or in combination with another.
3 Sec. 21. CODE EDITOR DIRECTIVE.
41. The Code editor is directed to make the following
5transfers:
6a. Section 161E.1A, as enacted in this Act, to section
7161E.1.
8b. Section 161E.1, as amended in this Act, to section
9161E.1A.
102. The Code editor shall correct internal references in the
11Code and in any enacted legislation as necessary due to the
12enactment of this section.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill amends various provisions relating to the
17management of soil and water resources including Code
18chapter 161A, the “Soil Conservation Districts Law” (Code
19section 161A.1), which regulates soil erosion and authorizes
20the payment of cost-share incentives for soil and water
21conservation practices administered by the department of
22agriculture and land stewardship (department) and soil and
23water conservation districts (districts) throughout the
24state; Code chapter 161C, authorizing districts and other
25political subdivisions to work in conjunction in carrying out
26districtwide and multiple district water protection projects;
27Code chapter 161E, authorizing counties and districts,
28political subdivisions, and other local agencies to provide for
29flood control or soil erosion control; and Code chapter 161F,
30authorizing the board of supervisors of a county to establish
31soil conservation and flood control districts.
32The bill amends Code chapter 161A by providing for efforts
33that promote and improve soil health. The division of soil
34conservation and water quality is required to carry out
35authorized projects relating to soil erosion prevention and
-10-1mitigation, watershed protection or improvement, water resource
2restoration, flood prevention or control, water quality
3protection practices, water quality projects and operations,
4and soil health protection and improvement. The bill amends
5Code chapters 161C, 161E, and 161F to provide that along with
6traditional duties and powers exercised by districts and
7political subdivisions to prevent soil erosion and flooding,
8they may also carry out projects to maintain, protect, and
9improve water quality. The bill amends Code chapters 161C and
10161E to allow financial partners to participate in funding
11authorized projects. A financial partner includes a public or
12private agency that extends funding through different financial
13instruments to support public works.
-11-da/ns
2by providing for certain practices and projects, including
3projects described in the Iowa nutrient reduction strategy.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.2, Code 2023, is amended to read as
2follows:
3161A.2 Declaration of policy.
4It is hereby declared to be the policy of the legislature
5to integrate the conservation of soil and water resources
6into the production of agricultural commodities to insure
7the long-term protection of the soil and water resources of
8the state of Iowa, and to encourage the development of farm
9management and agricultural practices that are consistent with
10the capability of the land to sustain agriculture, and thereby
11to preserve natural resources,; promote soil health; control
12floods,; prevent the impairment of dams and reservoirs,; assist
13and maintain the navigability of rivers and harbors,; preserve
14wildlife,; protect the tax base,; protect public lands; and
15promote the health, safety, and public welfare of the people
16of this state.
17 Sec. 2. Section 161A.3, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 9A. “Iowa nutrient reduction strategy”
20means the same as defined in section 455B.171.
21 NEW SUBSECTION. 12A. “Point source” means the same as
22defined in section 455B.171.
23 NEW SUBSECTION. 12B. “Soil health” means the continuing
24capacity of soil to function as a vital living ecosystem that
25sustains plants, animals, and humans.
26 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code
272023, is amended to read as follows:
28g. To assist each soil and water conservation district in
29developing a district soil and water resource conservation plan
30as provided under section 161A.7. The plan shall be developed
31according to rules adopted by the division to preserve and
32protect the public interest in the soil and water resources
33of this state for future generations and for this purpose to
34encourage, promote, facilitate, and where such public interest
35requires, to mandate the conservation and proper control of and
-1-1use of the soil and water resources of this state, by measures
2including but not limited to the control of floods, the control
3of erosion by water or by wind, the improvement of soil health,
4 the preservation of the quality of water for its optimum
5use for agricultural, irrigation, recreational, industrial,
6and domestic purposes, all of which shall be presumed to be
7conducive to the public health, convenience, and welfare, both
8present and future.
9 Sec. 4. Section 161A.7, subsection 1, paragraphs d, f, h,
10and m, Code 2023, are amended to read as follows:
11d. To cooperate, or enter into agreements with, and within
12the limits of appropriations duly made available to it by law,
13to furnish financial or other aid assistance to any agency,
14governmental or otherwise, or any owner or occupier of lands
15within the district, in the carrying on of including by doing
16any of the following:
17(1) Carrying outerosion-control and watershed protection
18and flood prevention operations within the district, subject
19to such conditions as the commissioners may deem necessary to
20advance the purposes of this chapter.
21(2) Carrying out projects or operations within the
22district, as provided in paragraph “p”, subject to such
23conditions as the commissioners may provide to advance the
24purposes of this chapter.
25f. To make available on such terms as it shall prescribe,
26to landowners or occupiers within the district,; agricultural
27and engineering machinery and equipment, fertilizer, lime, and
28such other material or equipment as will assist such landowners
29or occupiers to carry on operations upon their lands for the
30conservation of soil resources and the improvement of soil
31health; and for the prevention and control of soil erosion
32and for the prevention of erosion, floodwater, and sediment
33damages.
34h. To develop comprehensive plans for the conservation of
35soil resources and the improvement of soil health; for the
-2-1control and prevention of soil erosion; and for the prevention
2of erosion, floodwater, and sediment damages within the
3district, which. The comprehensive plans shall specify in such
4detail as may be possible, the acts, procedures, performances,
5and avoidances which are necessary or desirable for the
6effectuation of such plans, including the specification of
7engineering operations, methods of cultivation, the growing of
8vegetation, cropping programs, tillage practices, and changes
9in the use of land; and to. The district shall publish such
10plans and information and bring them to the attention of owners
11and occupiers of lands within the district.
12m. To encourage local school districts to provide
13instruction in the importance of and in some of the basic
14methods of soil conservation and healthy soil practices, as a
15part of course work relating to agriculture, the conservation
16of natural resources, and environmental awareness as required
17in rules adopted by the state board of education pursuant
18to section 256.11, subsections 3 and 4 through 5, and to
19offer technical assistance to schools in developing such
20instructional programs.
21 Sec. 5. Section 161A.7, subsection 1, paragraph n,
22subparagraph (1), subparagraph divisions (a) and (b), Code
232023, are amended to read as follows:
24(a) Assessing the condition of soil and surface water in
25the district, including an evaluation of the type, amount,
26and quality of soil and water,; the threat of soil erosion
27and erosion, floodwater, and sediment damages,; and necessary
28preventative, restoration, and control measures.
29(b) Developing methods to maintain or improve soil health
30 and water condition quality.
31 Sec. 6. Section 161A.7, subsection 1, Code 2023, is amended
32by adding the following new paragraph:
33 NEW PARAGRAPH. p. To carry out soil erosion prevention and
34mitigation, watershed protection or improvement, water resource
35restoration, flood prevention or control, and water quality
-3-1protection projects and operations, within the district. The
2water quality protection projects and operations may include
3but are not limited to efforts to maintain, protect, and
4improve the quality of surface water and groundwater from point
5sources and nonpoint sources, including by doing any of the
6following:
7(1) Reducing or preventing pollution caused by access to
8agricultural drainage or sinkholes, sedimentation, or chemical
9pollutants.
10(2) Reducing nutrients and other pollutants in or from
11surface water and groundwater.
12(3) Reducing or eliminating nutrient loads from surface
13water or groundwater.
14(4) Achieving or furthering any of the objectives, goals,
15and targets described in the Iowa nutrient reduction strategy.
16 Sec. 7. Section 161A.13, Code 2023, is amended to read as
17follows:
18161A.13 Purpose of subdistricts.
19Subdistricts of a soil and water conservation district may
20be formed as provided in this chapter for the purposes of
21carrying out watershed protection and flood prevention programs
22 to carry out the same purposes of the district under section
23161A.7, within the territory of the subdistrict but shall not
24be formed solely for the purpose of establishing or taking over
25the operation of an existing drainage district.
26 Sec. 8. Section 161A.42, subsection 9, paragraph b, Code
272023, is amended to read as follows:
28b. “Temporary soil and water conservation practices”
29means the planting of annual or biennial crops,; the use of
30strip-cropping, cover cropping, or contour planting, or; the
31use of no-tillage, minimum or tillage, or mulch tillage, and;
32the use of an agriculture practice, silviculture practice,
33aquaculture practice, or permaculture practice; the use of
34extended crop rotations or rotational grazing; or the use
35of any other cultural practices practice approved by the
-4-1committee.
2 Sec. 9. Section 161A.53, Code 2023, is amended to read as
3follows:
4161A.53 Cooperation with other agencies.
5Soil and water conservation districts may enter into
6agreements with the federal government or an agency of the
7federal government, as provided by state law, or with the state
8of Iowa or an agency of the state, any other soil and water
9conservation district, or any other political subdivision of
10this state, for cooperation in preventing, controlling, or
11attempting to prevent or control soil erosion, improving or
12attempting to improve soil health, or performing a soil health
13assessment. Soil and water conservation districts may accept,
14as provided by state law, money disbursed for soil erosion
15control purposes by the federal government or an agency of the
16federal government, and expend the money for the purposes for
17which it was received.
18 Sec. 10. Section 161A.73, subsection 1, paragraph b, Code
192023, is amended to read as follows:
20b. The allocation of moneys as financial incentives provided
21for the purpose of establishing management practices to control
22 prevent and mitigate soil erosion on land that is row cropped
23 and promote soil health, including but not limited to cover
24crops, no-till planting, ridge-till planting, contouring, and
25contour strip-cropping. The division shall by rule establish
26limits on the amount of incentives which shall be authorized
27for payment to landowners upon establishment of the practice.
28 Sec. 11. Section 161C.1, Code 2023, is amended by adding the
29following new subsections:
30 NEW SUBSECTION. 01. “Authorized project” means a project
31that is carried out to support any of the following:
32a. Soil erosion prevention and mitigation.
33b. Watershed protection or improvement.
34c. Water resource restoration.
35d. Flood prevention or control.
-5- 1e. Water quality protection practices.
2f. Water quality projects and operations, including as
3required to achieve or further any of the objectives, goals,
4and targets described in the Iowa nutrient reduction strategy.
5g. Soil health protection and improvement.
6 NEW SUBSECTION. 4A. “Financial partner” means a public
7agency or private agency, as those terms are defined in
8section 28E.2, that provides funding to persons through loans,
9forgivable loans, grants, or other financial instruments.
10 NEW SUBSECTION. 4B. “Iowa nutrient reduction strategy”
11means the same as defined in section 455B.171.
12 NEW SUBSECTION. 5A. “Nonpoint source” means any source of
13pollution other than a point source.
14 NEW SUBSECTION. 5B. “Point source” means the same as
15defined in section 455B.171.
16 Sec. 12. Section 161C.2, subsection 1, paragraph a, Code
172023, is amended to read as follows:
18a. Each A soil and water conservation district, alone and
19whenever practical in conjunction with other districts, or
20financial partners, shall carry out individual, district-wide,
21 and multiple-district projects to support water protection
22practices in the district or districts, including but not
23limited to authorized projects to protect this state’s
24groundwater and surface water from point sources and nonpoint
25sources of contamination, including but not limited to
26contamination by agricultural drainage wells, sinkholes,
27sedimentation, or chemical pollutants. The projects and
28operations include but are not limited to practices or other
29efforts to reduce pollution caused by access to agricultural
30drainage wells or sinkholes, sedimentation, or chemical
31pollutants, as described in the Iowa nutrient reduction
32strategy.
33 Sec. 13. Section 161C.3, Code 2023, is amended to read as
34follows:
35161C.3 Cooperation with other agencies financial partners.
-6- 1Soil A soil and water conservation districts district may
2enter into agreements an agreement with the United States
3 federal government, as provided by state law, or with the state
4of Iowa or any agency of the state, any other soil and water
5conservation district, or other political subdivision of this
6state, or a financial partner, for cooperation in preventing,
7controlling, or attempting to prevent or control contamination
8 the pollution of groundwater or surface water or groundwater
9 by point sources and nonpoint sources of pollution. Soil
10and water conservation districts may accept, as provided by
11state law, any money disbursed for water quality preservation
12purposes by the federal government or any agency of the federal
13government, and expend the money for the purposes for which it
14was received.
15 Sec. 14. Section 161E.1, Code 2023, is amended to read as
16follows:
17161E.1 Authority of board.
181. a. If a county, soil and water conservation district,
19a subdistrict of a soil and water conservation district,
20political subdivision of the state, or other local agency, or
21a financial partner engages or in, participates in a project
22for flood or erosion control, flood prevention, or carries out
23an authorized project, including but not limited to a water
24quality project or operation, or engages in, participates in,
25or carries out a project for the conservation, development,
26utilization, and disposal of water, in cooperation with the
27federal government, or a department or agency of the federal
28government, the counties in which the project is carried on out
29 may, act through the board of supervisors, construct, or under
30a chapter 28E or 28F agreement, to do any of the following:
31(1) Construct,operate, and maintain the project on lands
32under the control or jurisdiction of the county dedicated to
33county use, or furnish.
34(2) Furnishfinancial and other assistance in connection
35with the projects. Flood, soil erosion control, and watershed
-7-1improvement
2b. Authorizedprojects, including but not limited to water
3quality projects and operations, are presumed to be for the
4protection of the tax base of the county, for the protection of
5public roads and lands, and for the protection of the public
6health, sanitation, safety, and general welfare.
7 Sec. 15. NEW SECTION. 161E.1A Definitions.
8As used in this chapter, unless the context otherwise
9requires:
101. “Authorized project” means the same as defined in section
11161C.1.
122. “Financial partner” means the same as defined in section
13161C.1.
143. “Iowa nutrient reduction strategy” means the same as
15defined in section 455B.171.
16 Sec. 16. Section 161E.2, Code 2023, is amended to read as
17follows:
18161E.2 Federal aid assistance.
19A county may, in accordance with this chapter, accept
20federal funds for aid moneys to assist in a supporting an
21authorized project for flood or soil erosion control, flood
22prevention, or the conservation, development, utilization,
23and disposal of water, and. A county may cooperate with the
24federal government or a department or agency of the federal
25government, a soil and water conservation district, subdistrict
26of a soil and water conservation district, political
27subdivision of the state, or other local agency, and the. The
28 county may assume a proportion of the cost of the authorized
29 project as deemed appropriate, and may assume the maintenance
30cost of the project on lands under the control or jurisdiction
31of the county which will not be discharged by federal aid
32 assistance or grant.
33 Sec. 17. Section 161E.3, Code 2023, is amended to read as
34follows:
35161E.3 Cooperation.
-8- 1The counties, soil and water conservation districts,
2and subdistricts of soil and water conservation districts
3concerned, shall advise and consult with each other, upon the
4request of any of them or any affected landowners, and may
5cooperate with each other or with other state subdivisions or
6instrumentalities, and affected landowners, as well as with the
7federal government or a department or agency of the federal
8government, or with a financial partner, to construct, operate,
9and maintain suitable authorized projects for flood or soil
10erosion control, flood prevention, including but not limited
11to water quality projects and operations, or the conservation,
12development, utilization, and disposal of water on public roads
13or other public lands or other land granted county use.
14 Sec. 18. Section 161E.5, Code 2023, is amended to read as
15follows:
16161E.5 Maintenance cost.
17If construction of projects has been completed by the soil
18and water conservation district, subdistricts a subdistrict of
19the soil and water conservation districts district, a political
20subdivisions subdivision of the state, or other local agencies
21 agency, or the federal government, or a department or agency
22of the federal government, on private lands under the easement
23granted to the county, only the cost of maintenance may be
24assumed by the county.
25 Sec. 19. NEW SECTION. 161F.2A Board of supervisors to
26establish districts — water quality improvement.
27The board of supervisors may establish, subject to the
28provisions of this chapter, a district in the county with the
29purpose of improving water quality. The district may be part
30of a district established pursuant to section 161F.2.
31 Sec. 20. Section 161F.3, Code 2023, is amended to read as
32follows:
33161F.3 Combination of functions.
34Such districts shall have the power to combine in their
35functions activities affecting soil conservation, flood
-9-1control, and drainage, soil health, water quality improvement,
2 or any of these objects, singly or in combination with another.
3 Sec. 21. CODE EDITOR DIRECTIVE.
41. The Code editor is directed to make the following
5transfers:
6a. Section 161E.1A, as enacted in this Act, to section
7161E.1.
8b. Section 161E.1, as amended in this Act, to section
9161E.1A.
102. The Code editor shall correct internal references in the
11Code and in any enacted legislation as necessary due to the
12enactment of this section.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill amends various provisions relating to the
17management of soil and water resources including Code
18chapter 161A, the “Soil Conservation Districts Law” (Code
19section 161A.1), which regulates soil erosion and authorizes
20the payment of cost-share incentives for soil and water
21conservation practices administered by the department of
22agriculture and land stewardship (department) and soil and
23water conservation districts (districts) throughout the
24state; Code chapter 161C, authorizing districts and other
25political subdivisions to work in conjunction in carrying out
26districtwide and multiple district water protection projects;
27Code chapter 161E, authorizing counties and districts,
28political subdivisions, and other local agencies to provide for
29flood control or soil erosion control; and Code chapter 161F,
30authorizing the board of supervisors of a county to establish
31soil conservation and flood control districts.
32The bill amends Code chapter 161A by providing for efforts
33that promote and improve soil health. The division of soil
34conservation and water quality is required to carry out
35authorized projects relating to soil erosion prevention and
-10-1mitigation, watershed protection or improvement, water resource
2restoration, flood prevention or control, water quality
3protection practices, water quality projects and operations,
4and soil health protection and improvement. The bill amends
5Code chapters 161C, 161E, and 161F to provide that along with
6traditional duties and powers exercised by districts and
7political subdivisions to prevent soil erosion and flooding,
8they may also carry out projects to maintain, protect, and
9improve water quality. The bill amends Code chapters 161C and
10161E to allow financial partners to participate in funding
11authorized projects. A financial partner includes a public or
12private agency that extends funding through different financial
13instruments to support public works.
-11-da/ns