Text: HF00216 Text: HF00218 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 468A.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Agricultural drainage well" means a vertical opening 1 5 to an aquifer or permeable substratum which is constructed by 1 6 any means including but not limited to drilling, driving, 1 7 digging, boring, augering, jetting, washing, or coring, and 1 8 which is capable of intercepting or receiving surface or 1 9 subsurface drainage water from agricultural land. 1 10 2. "Agricultural drainage well basin" means an area of 1 11 land where surface or subsurface water drains into an 1 12 agricultural drainage well directly or through a drainage 1 13 system. 1 14 3. "Alternative drainage system" means a drainage system 1 15 constructed as part of a drainage district in order to drain 1 16 surface or subsurface water from agricultural land due to the 1 17 plugging of an agricultural drainage well. 1 18 4. "Anaerobic lagoon" means the same as defined in section 1 19 455B.161. 1 20 5. "Cost-share" means a contribution of money made by the 1 21 state in order to pay a percentage of the costs related to 1 22 plugging an agricultural drainage well or constructing an 1 23 alternative drainage system as provided in this chapter. 1 24 6. "Designated drainage area" means an agricultural 1 25 drainage well basin or a drainage district in which there is 1 26 located an anaerobic lagoon or earthen manure storage basin 1 27 for which a construction permit is required to be obtained 1 28 from the department of natural resources pursuant to section 1 29 455B.173. 1 30 7. "Division" means the soil conservation division of the 1 31 department of agriculture and land stewardship. 1 32 8. "Drainage district" means a drainage district 1 33 established pursuant to chapter 468. 1 34 9. "Drainage system" means tile lines, laterals, surface 1 35 inlets, or other improvements which are constructed to 2 1 facilitate the drainage of agricultural land. 2 2 10. "Earthen manure storage basin" means the same as 2 3 defined in section 455B.161. 2 4 Sec. 2. NEW SECTION. 468A.2 CLOSURE OF AGRICULTURAL 2 5 DRAINAGE WELLS AND CONSTRUCTION OF ALTERNATIVE DRAINAGE 2 6 SYSTEMS. 2 7 1. Not later than December 31, 2001, the owner of land 2 8 which is within a designated drainage area shall plug each 2 9 agricultural drainage well located on the land. The owner 2 10 shall plug the agricultural drainage well in a manner using 2 11 materials and according to specifications required by rules 2 12 which shall be adopted by the department of natural resources. 2 13 The department may provide different plugging requirements 2 14 based on classifications established by the department. 2 15 However, the department's requirements shall ensure that an 2 16 agricultural drainage well is plugged by using sealing 2 17 materials such as bentonite to permanently seal the 2 18 agricultural drainage well from contamination by surface or 2 19 subsurface water drainage. 2 20 2. A person owning land affected by the plugging of an 2 21 agricultural drainage well as required pursuant to subsection 2 22 1 may construct an alternative drainage system as part of an 2 23 established or new drainage district. The alternative 2 24 drainage system shall ensure that surface or subsurface water 2 25 does not drain into an agricultural drainage well. A 2 26 competent registered professional engineer shall certify that 2 27 work related to plugging an agricultural drainage well and 2 28 constructing an alternative drainage system meets all 2 29 applicable engineering standards. If the site is within an 2 30 established drainage district, the engineer shall be the 2 31 district's engineer appointed pursuant to section 468.10 or an 2 32 engineer approved by the district's engineer. 2 33 3. The department of natural resources shall provide 2 34 notice to owners of land registering agricultural drainage 2 35 wells pursuant to section 159.29 within designated drainage 3 1 areas. The notice shall include the deadline for complying 3 2 with this section, and information regarding the alternative 3 3 drainage system assistance program as provided in section 3 4 468A.5. The notice may be provided by print, electronic 3 5 media, or other notification process as determined appropriate 3 6 by the department. 3 7 Sec. 3. NEW SECTION. 468A.3 ASSESSMENT OF COSTS WITHIN 3 8 AN ESTABLISHED DRAINAGE DISTRICT. 3 9 The costs of plugging an agricultural drainage well or 3 10 constructing an alternative drainage system within an 3 11 established drainage district shall be assessed as a special 3 12 assessment by the board of the drainage district as provided 3 13 in chapter 468. 3 14 Sec. 4. NEW SECTION. 468A.4 ALTERNATIVE DRAINAGE SYSTEM 3 15 ASSISTANCE FUND. 3 16 1. An alternative drainage system assistance fund is 3 17 created in the state treasury under the control of the 3 18 division. The fund is composed of moneys appropriated by the 3 19 general assembly, and moneys available to and obtained or 3 20 accepted by the division or the state soil conservation 3 21 committee established pursuant to section 161A.4, from the 3 22 United States or private sources for placement in the fund. 3 23 2. Moneys in the fund are subject to an annual audit by 3 24 the auditor of state. The fund is subject to warrants written 3 25 by the director of revenue and finance, drawn upon the written 3 26 requisition of the division. 3 27 3. The fund shall be used to support the alternative 3 28 drainage system assistance program as provided in section 3 29 468A.5. Moneys shall be used to provide financial incentives 3 30 under the program. The division may adopt rules pursuant to 3 31 chapter 17A to administer this section. 3 32 4. The division shall not in any manner directly or 3 33 indirectly pledge the credit of the state. 3 34 5. Section 8.33 shall not apply to moneys in the fund. 3 35 Moneys earned as income, including as interest, from the fund 4 1 shall remain in the fund until expended as provided in this 4 2 section. 4 3 Sec. 5. NEW SECTION. 468A.5 ALTERNATIVE DRAINAGE SYSTEM 4 4 ASSISTANCE PROGRAM. 4 5 1. The division shall establish an alternative drainage 4 6 system assistance program as provided by rules which shall be 4 7 adopted by the division pursuant to chapter 17A. The program 4 8 shall be supported from moneys deposited in the alternative 4 9 drainage system assistance fund created pursuant to section 4 10 468A.4. 4 11 2. To the extent that moneys are available to support the 4 12 program, the division shall provide cost-share moneys to 4 13 persons plugging agricultural drainage wells and constructing 4 14 alternative drainage systems which are not part of an 4 15 established drainage district system. The amount of moneys 4 16 allocated in cost-share payments to a person qualifying under 4 17 the program shall not exceed seventy-five percent of the 4 18 estimated cost of installing the alternative drainage system 4 19 or seventy-five percent of the actual cost of installing the 4 20 drainage system, whichever is less. 4 21 3. A person shall not be eligible to participate in the 4 22 program, if the person does any of the following: 4 23 a. Owns land within the agricultural well drainage basin 4 24 where there is located an anaerobic lagoon or earthen manure 4 25 storage basin for which a construction permit is required to 4 26 be obtained from the department of natural resources pursuant 4 27 to section 455B.173 or an agricultural drainage well serving 4 28 the agricultural well drainage basin. 4 29 b. Is a party to a pending legal or administrative action, 4 30 including a contested case proceeding under chapter 17A, which 4 31 relates to an alleged violation of chapter 455B involving an 4 32 animal feeding operation. 4 33 c. Is classified as a habitual violator as provided in 4 34 section 455B.173. 4 35 The department of natural resources shall cooperate with 5 1 the division by providing information necessary to administer 5 2 this subsection. 5 3 EXPLANATION 5 4 This bill provides for plugging agricultural drainage wells 5 5 within areas where there are located anaerobic lagoons and 5 6 earthen manure storage basins required to obtain construction 5 7 permits from the department of natural resources. 5 8 The bill requires that by December 31, 2001, a landowner 5 9 must plug an agricultural drainage well located on the land, 5 10 if the land drains into an agricultural drainage well. The 5 11 well must be plugged in a manner and according to 5 12 specifications required by the department of natural 5 13 resources. The bill provides that a professional engineer 5 14 must certify that the work related to plugging the 5 15 agricultural drainage well and constructing any alternative 5 16 drainage system meets all applicable engineering standards. 5 17 The bill requires the department of natural resources to 5 18 provide notice to applicable landowners of the December 31, 5 19 2001, deadline and information regarding a state assistance 5 20 program as provided in the bill. 5 21 The bill provides that the costs of plugging an 5 22 agricultural drainage well or constructing an alternative 5 23 drainage system within an established drainage district is to 5 24 be assessed as a special assessment by the board of the 5 25 drainage district. The bill establishes a state fund 5 26 administered by the soil conservation division of the 5 27 department of agriculture and land stewardship. The purpose 5 28 of the fund is to support a program also administered by the 5 29 division which provides cost-share moneys to landowners 5 30 plugging agricultural drainage wells and constructing 5 31 alternative drainage systems which are not part of an 5 32 established drainage district. The bill places restrictions 5 33 upon persons eligible to qualify for assistance. Assistance 5 34 is not available for landowners who maintain a permitted 5 35 anaerobic lagoon or earthen manure storage basin on the land. 6 1 In addition, a landowner cannot be a party to a pending legal 6 2 or administrative action which relates to an alleged violation 6 3 involving an animal feeding operation. The landowner also 6 4 cannot be classified as a habitual violator of regulations 6 5 applying to confinement feeding operations. 6 6 LSB 1891YH 77 6 7 da/jw/5
Text: HF00216 Text: HF00218 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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