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House File 711 - EnrolledAn Actrelating to levee and drainage districts, by providing
for the repair or reconstruction of levees, making
appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 8.57, subsection 5, paragraph f,
subparagraph (1), Code 2023, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION. (0e) (i) For the fiscal year
beginning July 1, 2023, and for each fiscal year thereafter
through the fiscal year beginning July 1, 2027, of the wagering
tax receipts received pursuant to sections 99D.17 and 99F.11,
the next five million dollars shall be deposited in the levee
improvement fund created in section 8.57D.
(ii) This subparagraph division is repealed July 1, 2028.
Sec. 2. NEW SECTION. 8.57D Levee improvement fund —
creation — appropriations.
1. A levee improvement fund is created within the department
of homeland security and emergency management created pursuant
to section 29C.5 which shall be under the control of that
department.
2. The levee improvement fund shall consist of moneys
deposited in the fund pursuant to section 8.57, subsection 5,
paragraph “f”, subparagraph (1), subparagraph division (0e);
appropriations made to the fund; and transfers of interest,
earnings, and moneys from other funds as provided by law.
3. The levee improvement fund shall be separate from the
general fund of the state and the balance in the fund shall
not be considered part of the balance of the general fund of
the state. However, the fund shall be considered a special
account for the purposes of section 8.53, relating to generally
accepted accounting principles.
4. a. Moneys in the levee improvement fund are appropriated
to the department of homeland security and emergency management
for the exclusive purpose of supporting all of the following:
(1) The office of levee safety, including to conduct a
statewide analysis of the condition of the state’s levees as
provided in section 418A.4.
(2) The flood mitigation board, including to award
cost-share moneys to levee districts pursuant to the levee
-1-improvement program as provided in section 418A.5.
b. Not more than five percent of moneys in the levee
improvement fund shall be available to defray expenses incurred
in administering chapter 418A by the department, including the
office of levee safety and flood mitigation board.
5. a. Notwithstanding section 8.33, moneys in the levee
improvement fund that remain unencumbered or unobligated at
the close of a fiscal year shall not revert but shall remain
available for the expenditure for the purposes designated.
b. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
6. This section is repealed July 1, 2028.
Sec. 3. NEW SECTION. 418A.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Board” means the flood mitigation board created in
section 418.5.
2. “Department” means the department of homeland security
and emergency management created in section 29C.5.
3. “Hazardous event” means an event caused by a levee’s
uncontrolled or controlled release of surface water in a manner
that may injure humans and animals or damage real and personal
property used for agricultural, commercial, industrial,
residential, or public purposes.
4. “Levee district” means a levee district, including a
subdistrict, established pursuant to chapter 468.
5. “Office” means the office of levee safety created in
section 418A.3.
6. “Program” means the levee improvement program established
pursuant to section 418A.5.
7. “Survey” means the Iowa geological survey created in
section 456.1.
Sec. 4. NEW SECTION. 418A.2 Purpose.
The purpose of this chapter is to reduce and manage
risks associated with a hazardous event caused by a levee’s
-2-inadequate design, structural performance, or operational
control.
Sec. 5. NEW SECTION. 418A.3 Office of levee safety.
1. An office of levee safety is created within the
department.
2. a. In administering this chapter, all of the following
apply:
(1) The office shall cooperate with the flood mitigation
board.
(2) The office and the board shall cooperate with the Iowa
geological survey.
b. The office and board may cooperate with other state
and federal agencies, including the United States army corps
of engineers and the federal emergency management agency,
administering the national levee safety program, as provided in
33 U.S.C.ch.46.
3. The office, in cooperation with the board, shall assist
communities benefiting from a levee, including levee districts.
The office, in cooperation with the board, shall evaluate
methods to best carry out the purpose of this chapter.
Sec. 6. NEW SECTION. 418A.4 Statewide analysis.
1. The office of levee safety, in cooperation with the Iowa
geological survey, shall conduct a statewide analysis of the
condition of the state’s levees. The office and survey shall
identify each levee requiring repair or reconstruction based on
a scale adopted by the office which assigns a number based on
the levee’s level of critical need. The office shall consider
all of the following:
a. Deficiencies in the construction, maintenance, and
operation of each levee in a levee district.
b. The amount of capital expenditures required for the
repair or reconstruction for each levee in a levee district.
c. Payment obligations creating legal indebtedness incurred
by the levee district, including those evidenced by bonds,
warrants, certificates, contracts, or judgments.
-3- d. The current total revenue collected by the levee
district, and the budgeted revenue ceiling of the levee
district based on a maximum assessment rate for classified
lands used to maintain the levee as apportioned to each owner
of such land.
2. The governing body of each levee district shall assist
the office in conducting the analysis for the governing body’s
levee district.
3. This section is repealed July 1, 2028.
Sec. 7. NEW SECTION. 418A.5 Flood mitigation board — levee
improvement program.
1. A levee improvement program is established to provide
for the repair or reconstruction of those levees requiring
immediate capital expenditure in order to reduce and manage
a hazardous event. The program shall be administered by the
flood mitigation board acting in cooperation with the office of
levee safety.
2. In administering the program, the board, acting in
cooperation with the office, shall award moneys to levee
districts applying for assistance on a cost-share basis. The
amount of cost-share moneys contributed by the board shall not
exceed fifty percent of the estimated cost or fifty percent of
the actual cost of the improvement, whichever is less.
3. a. The department shall provide for the publication and
submission of applications for an award of cost-share moneys
under the program. The board, in cooperation with the office,
shall approve or disapprove the applications based on criteria
established by the board.
b. (1) The board shall consider the scale number assigned
to the levee by the office as provided in section 418A.4.
(2) This paragraph is repealed July 1, 2028.
4. The department may enter into a chapter 28E agreement in
order to administer the program on behalf of the board.
Sec. 8. NEW SECTION. 418A.6 Department — statewide levee
improvement report.
-4- 1. The department of homeland security and emergency
management shall prepare and submit a statewide levee
assessment report to the governor and general assembly not
later than January 5 of each year.
2. a. (1) The statewide levee assessment report must
include a summary of the condition of levees in each levee
district.
(2) This paragraph is repealed July 1, 2028.
b. The statewide levee assessment report must identify those
levees having the highest level of critical need of repair or
reconstruction and the budget of a levee district to finance
the repair or reconstruction.
3. The statewide levee assessment report must include
the results of efforts to repair or reconstruct levees using
cost-share moneys awarded to the governing bodies of levee
districts under the levee improvement program.
4. The statewide levee assessment report must include
a summary of future plans to administer the program. The
statewide levee assessment report may include recommendations
for additional funding and legislation necessary to carry out
the purpose of this chapter.
Sec. 9. NEW SECTION. 456.15 Levees.
The Iowa geological survey shall assist the office of levee
safety as provided in chapter 418A.
Sec. 10. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 711, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorda/ns/md
for the repair or reconstruction of levees, making
appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 8.57, subsection 5, paragraph f,
subparagraph (1), Code 2023, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION. (0e) (i) For the fiscal year
beginning July 1, 2023, and for each fiscal year thereafter
through the fiscal year beginning July 1, 2027, of the wagering
tax receipts received pursuant to sections 99D.17 and 99F.11,
the next five million dollars shall be deposited in the levee
improvement fund created in section 8.57D.
(ii) This subparagraph division is repealed July 1, 2028.
Sec. 2. NEW SECTION. 8.57D Levee improvement fund —
creation — appropriations.
1. A levee improvement fund is created within the department
of homeland security and emergency management created pursuant
to section 29C.5 which shall be under the control of that
department.
2. The levee improvement fund shall consist of moneys
deposited in the fund pursuant to section 8.57, subsection 5,
paragraph “f”, subparagraph (1), subparagraph division (0e);
appropriations made to the fund; and transfers of interest,
earnings, and moneys from other funds as provided by law.
3. The levee improvement fund shall be separate from the
general fund of the state and the balance in the fund shall
not be considered part of the balance of the general fund of
the state. However, the fund shall be considered a special
account for the purposes of section 8.53, relating to generally
accepted accounting principles.
4. a. Moneys in the levee improvement fund are appropriated
to the department of homeland security and emergency management
for the exclusive purpose of supporting all of the following:
(1) The office of levee safety, including to conduct a
statewide analysis of the condition of the state’s levees as
provided in section 418A.4.
(2) The flood mitigation board, including to award
cost-share moneys to levee districts pursuant to the levee
-1-improvement program as provided in section 418A.5.
b. Not more than five percent of moneys in the levee
improvement fund shall be available to defray expenses incurred
in administering chapter 418A by the department, including the
office of levee safety and flood mitigation board.
5. a. Notwithstanding section 8.33, moneys in the levee
improvement fund that remain unencumbered or unobligated at
the close of a fiscal year shall not revert but shall remain
available for the expenditure for the purposes designated.
b. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys in the fund shall be credited to the fund.
6. This section is repealed July 1, 2028.
Sec. 3. NEW SECTION. 418A.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Board” means the flood mitigation board created in
section 418.5.
2. “Department” means the department of homeland security
and emergency management created in section 29C.5.
3. “Hazardous event” means an event caused by a levee’s
uncontrolled or controlled release of surface water in a manner
that may injure humans and animals or damage real and personal
property used for agricultural, commercial, industrial,
residential, or public purposes.
4. “Levee district” means a levee district, including a
subdistrict, established pursuant to chapter 468.
5. “Office” means the office of levee safety created in
section 418A.3.
6. “Program” means the levee improvement program established
pursuant to section 418A.5.
7. “Survey” means the Iowa geological survey created in
section 456.1.
Sec. 4. NEW SECTION. 418A.2 Purpose.
The purpose of this chapter is to reduce and manage
risks associated with a hazardous event caused by a levee’s
-2-inadequate design, structural performance, or operational
control.
Sec. 5. NEW SECTION. 418A.3 Office of levee safety.
1. An office of levee safety is created within the
department.
2. a. In administering this chapter, all of the following
apply:
(1) The office shall cooperate with the flood mitigation
board.
(2) The office and the board shall cooperate with the Iowa
geological survey.
b. The office and board may cooperate with other state
and federal agencies, including the United States army corps
of engineers and the federal emergency management agency,
administering the national levee safety program, as provided in
33 U.S.C.ch.46.
3. The office, in cooperation with the board, shall assist
communities benefiting from a levee, including levee districts.
The office, in cooperation with the board, shall evaluate
methods to best carry out the purpose of this chapter.
Sec. 6. NEW SECTION. 418A.4 Statewide analysis.
1. The office of levee safety, in cooperation with the Iowa
geological survey, shall conduct a statewide analysis of the
condition of the state’s levees. The office and survey shall
identify each levee requiring repair or reconstruction based on
a scale adopted by the office which assigns a number based on
the levee’s level of critical need. The office shall consider
all of the following:
a. Deficiencies in the construction, maintenance, and
operation of each levee in a levee district.
b. The amount of capital expenditures required for the
repair or reconstruction for each levee in a levee district.
c. Payment obligations creating legal indebtedness incurred
by the levee district, including those evidenced by bonds,
warrants, certificates, contracts, or judgments.
-3- d. The current total revenue collected by the levee
district, and the budgeted revenue ceiling of the levee
district based on a maximum assessment rate for classified
lands used to maintain the levee as apportioned to each owner
of such land.
2. The governing body of each levee district shall assist
the office in conducting the analysis for the governing body’s
levee district.
3. This section is repealed July 1, 2028.
Sec. 7. NEW SECTION. 418A.5 Flood mitigation board — levee
improvement program.
1. A levee improvement program is established to provide
for the repair or reconstruction of those levees requiring
immediate capital expenditure in order to reduce and manage
a hazardous event. The program shall be administered by the
flood mitigation board acting in cooperation with the office of
levee safety.
2. In administering the program, the board, acting in
cooperation with the office, shall award moneys to levee
districts applying for assistance on a cost-share basis. The
amount of cost-share moneys contributed by the board shall not
exceed fifty percent of the estimated cost or fifty percent of
the actual cost of the improvement, whichever is less.
3. a. The department shall provide for the publication and
submission of applications for an award of cost-share moneys
under the program. The board, in cooperation with the office,
shall approve or disapprove the applications based on criteria
established by the board.
b. (1) The board shall consider the scale number assigned
to the levee by the office as provided in section 418A.4.
(2) This paragraph is repealed July 1, 2028.
4. The department may enter into a chapter 28E agreement in
order to administer the program on behalf of the board.
Sec. 8. NEW SECTION. 418A.6 Department — statewide levee
improvement report.
-4- 1. The department of homeland security and emergency
management shall prepare and submit a statewide levee
assessment report to the governor and general assembly not
later than January 5 of each year.
2. a. (1) The statewide levee assessment report must
include a summary of the condition of levees in each levee
district.
(2) This paragraph is repealed July 1, 2028.
b. The statewide levee assessment report must identify those
levees having the highest level of critical need of repair or
reconstruction and the budget of a levee district to finance
the repair or reconstruction.
3. The statewide levee assessment report must include
the results of efforts to repair or reconstruct levees using
cost-share moneys awarded to the governing bodies of levee
districts under the levee improvement program.
4. The statewide levee assessment report must include
a summary of future plans to administer the program. The
statewide levee assessment report may include recommendations
for additional funding and legislation necessary to carry out
the purpose of this chapter.
Sec. 9. NEW SECTION. 456.15 Levees.
The Iowa geological survey shall assist the office of levee
safety as provided in chapter 418A.
Sec. 10. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 711, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorda/ns/md