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PAG LIN 1 1 HOUSE FILE 708 1 2 1 3 AN ACT 1 4 RELATING TO AGRICULTURE AND NATURAL RESOURCES BY PROVIDING FOR 1 5 APPROPRIATIONS, RELATED STATUTORY CHANGES, AND PROVIDING AN 1 6 EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 1 11 Section 1. GENERAL APPROPRIATION. There is appropriated 1 12 from the general fund of the state to the department of 1 13 agriculture and land stewardship for the fiscal year beginning 1 14 July 1, 1997, and ending June 30, 1998, the following amounts, 1 15 or so much thereof as is necessary, to be used for the 1 16 purposes designated: 1 17 1. ADMINISTRATIVE DIVISION 1 18 a. For salaries, support, maintenance, the support of the 1 19 state 4-H foundation, support of the statistics bureau, and 1 20 miscellaneous purposes, and for the salaries and support of 1 21 not more than the following full-time equivalent positions: 1 22 .................................................. $ 1,780,278 1 23 ............................................... FTEs 41.45 1 24 (1) Of the amount appropriated and full-time equivalent 1 25 positions authorized in this paragraph "a", $322,329 and 7.00 1 26 FTEs shall be used to support horticulture. 1 27 (2) Of the amount appropriated in this paragraph "a", 1 28 $55,500 shall be allocated to the state 4-H foundation to 1 29 foster the development of Iowa's youth and to encourage them 1 30 to study the subject of agriculture. 1 31 (3) Of the amount appropriated and full-time equivalent 1 32 positions authorized in this paragraph "a", $129,167 and 4.00 1 33 FTEs shall be allocated to the statistics bureau to provide 1 34 county-by-county information on land in farms, production by 1 35 crop, acres by crop, and county prices by crop. This 2 1 information shall be made available to the department of 2 2 revenue and finance for use in the productivity formula for 2 3 valuing and equalizing the values of agricultural land. 2 4 (4) Of the amount appropriated and full-time equivalent 2 5 positions authorized in this paragraph "a", $73,304 and 1.00 2 6 FTE shall be allocated to support the administrative assistant 2 7 VI position created pursuant to 1996 Iowa Acts, chapter 1214, 2 8 section 26, as amended by this Act. 2 9 (5) Of the amount appropriated and the number of full-time 2 10 equivalent positions authorized in this paragraph "a", at 2 11 least $38,000 shall be used to contract for part-time 2 12 livestock market news specialist positions. 2 13 b. For the operations of the dairy trade practices bureau: 2 14 .................................................. $ 66,969 2 15 c. For the purpose of performing commercial feed audits: 2 16 .................................................. $ 64,945 2 17 d. For the purpose of performing fertilizer audits: 2 18 .................................................. $ 64,945 2 19 2. REGULATORY DIVISION 2 20 a. For salaries, support, maintenance, miscellaneous 2 21 purposes, and for not more than the following full-time 2 22 equivalent positions: 2 23 .................................................. $ 3,938,176 2 24 ............................................... FTEs 123.50 2 25 Of the amount appropriated in this paragraph "a", not more 2 26 than $21,009 and 1.00 FTE shall be used to support the hiring 2 27 and training of a meat and poultry inspector. 2 28 b. For the costs of inspection, sampling, analysis, and 2 29 other expenses necessary for the administration of chapters 2 30 192, 194, and 195: 2 31 .................................................. $ 656,801 2 32 3. LABORATORY DIVISION 2 33 a. For salaries, support, maintenance, and miscellaneous 2 34 purposes, including the administration of the gypsy moth 2 35 program, and for not more than the following full-time 3 1 equivalent positions: 3 2 .................................................. $ 824,833 3 3 ............................................... FTEs 84.10 3 4 (1) Of the amount appropriated in this paragraph "a", 3 5 $110,000 shall be used to administer a program relating to the 3 6 detection, surveillance, and eradication of the gypsy moth. 3 7 The department shall allocate and use the appropriation made 3 8 in this paragraph before moneys other than those appropriated 3 9 in this paragraph are used to support the program. 3 10 (2) Of the number of full-time equivalent positions 3 11 authorized in this paragraph "a" and funded in paragraph "c", 3 12 1.00 FTE shall be used to support an organics program 3 13 coordinator who shall assure compliance of organic foods sold 3 14 commercially within the state with federal and state 3 15 regulations relating to organic foods. 3 16 b. For the operations of the commercial feed programs: 3 17 .................................................. $ 760,236 3 18 c. For the operations of the pesticide programs: 3 19 .................................................. $ 1,307,865 3 20 Of the amount appropriated in this paragraph "c", $200,000 3 21 shall be allocated to Iowa state university for purposes of 3 22 training commercial pesticide applicators. 3 23 d. For the operations of the fertilizer programs: 3 24 .................................................. $ 647,203 3 25 4. SOIL CONSERVATION DIVISION 3 26 a. For salaries, support, maintenance, assistance to soil 3 27 conservation districts, miscellaneous purposes, and for not 3 28 more than the following full-time equivalent positions: 3 29 .................................................. $ 6,058,717 3 30 ............................................... FTEs 171.28 3 31 Of the amount appropriated in this paragraph "a", $347,376 3 32 shall be used to reimburse commissioners of soil and water 3 33 conservation districts for administrative expenses, including 3 34 but not limited to, travel expenses and technical training. 3 35 Moneys used for the payment of meeting dues by counties shall 4 1 be matched on a dollar-for-dollar basis by the soil 4 2 conservation division. 4 3 b. To provide financial incentives for soil conservation 4 4 practices under chapter 161A: 4 5 .................................................. $ 6,461,850 4 6 c. The following requirements apply to the moneys 4 7 appropriated in paragraph "b": 4 8 (1) Not more than 5 percent of the moneys appropriated in 4 9 paragraph "b" may be allocated for cost sharing to abate 4 10 complaints filed under section 161A.47. 4 11 (2) Of the moneys appropriated in paragraph "b", 5 percent 4 12 shall be allocated for financial incentives to establish 4 13 practices to protect watersheds above publicly owned lakes of 4 14 the state from soil erosion and sediment as provided in 4 15 section 161A.73. 4 16 (3) Not more than 30 percent of a district's allocation of 4 17 moneys as financial incentives may be provided for the purpose 4 18 of establishing management practices to control soil erosion 4 19 on land that is row cropped, including but not limited to no- 4 20 till planting, ridge-till planting, contouring, and contour 4 21 strip-cropping as provided in section 161A.73. 4 22 (4) The state soil conservation committee created in 4 23 section 161A.4 may allocate moneys to conduct research and 4 24 demonstration projects to promote conservation tillage and 4 25 nonpoint source pollution control practices. 4 26 (5) The financial incentive payments may be used in 4 27 combination with department of natural resources moneys. 4 28 d. The provisions of section 8.33 shall not apply to the 4 29 moneys appropriated in paragraph "b". Unencumbered or 4 30 unobligated moneys remaining on June 30, 2001, from moneys 4 31 appropriated in paragraph "b" for the fiscal year beginning 4 32 July 1, 1997, shall revert to the general fund on August 31, 4 33 2001. 4 34 Sec. 2. FARMERS' MARKET COUPON PROGRAM. There is 4 35 appropriated from the general fund of the state to the 5 1 department of agriculture and land stewardship for the fiscal 5 2 year beginning July 1, 1997, and ending June 30, 1998, the 5 3 following amount, or so much thereof as is necessary, to be 5 4 used for the purposes designated: 5 5 For salaries, support, maintenance, and miscellaneous 5 6 purposes, to be used by the department to continue and expand 5 7 the farmers' market coupon program by providing federal 5 8 special supplemental food program recipients with coupons 5 9 redeemable at farmers' markets, and for not more than the 5 10 following full-time equivalent positions: 5 11 .................................................. $ 216,113 5 12 ............................................... FTEs 1.00 5 13 Sec. 3. PSEUDORABIES ERADICATION PROGRAM. 5 14 1. There is appropriated from the general fund of the 5 15 state to the department of agriculture and land stewardship 5 16 for the fiscal year beginning July 1, 1997, and ending June 5 17 30, 1998, the following amount, or so much thereof as is 5 18 necessary, to be used for the purpose designated: 5 19 For support of the pseudorabies eradication program: 5 20 .................................................. $ 900,400 5 21 2. Persons, including organizations interested in swine 5 22 production in this state and in the promotion of Iowa pork 5 23 products who contribute support to the program, are encouraged 5 24 to increase financial support for purposes of ensuring the 5 25 program's effective continuation. 5 26 Sec. 4. HORSE AND DOG RACING. There is appropriated from 5 27 the moneys available under section 99D.13 to the regulatory 5 28 division of the department of agriculture and land stewardship 5 29 for the fiscal year beginning July 1, 1997, and ending June 5 30 30, 1998, the following amount, or so much thereof as is 5 31 necessary, to be used for the purpose designated: 5 32 For salaries, support, maintenance, and miscellaneous 5 33 purposes for the administration of section 99D.22: 5 34 .................................................. $ 202,146 5 35 DEPARTMENT OF NATURAL RESOURCES 6 1 Sec. 5. GENERAL APPROPRIATION. There is appropriated from 6 2 the general fund of the state to the department of natural 6 3 resources for the fiscal year beginning July 1, 1997, and 6 4 ending June 30, 1998, the following amounts, or so much 6 5 thereof as is necessary, to be used for the purposes 6 6 designated: 6 7 1. ADMINISTRATIVE AND SUPPORT SERVICES 6 8 For salaries, support, maintenance, miscellaneous purposes, 6 9 and for not more than the following full-time equivalent 6 10 positions: 6 11 .................................................. $ 2,105,343 6 12 ............................................... FTEs 118.25 6 13 Of the amount appropriated and the number of full-time 6 14 equivalent positions authorized in this subsection 1, at least 6 15 $150,000 and 3.00 FTEs shall be used by administrative and 6 16 support services to support a compliance and permit assistance 6 17 team to facilitate cooperation between the department and 6 18 persons regulated by the department in order to ensure 6 19 efficient compliance with applicable legal requirements. 6 20 2. PARKS AND PRESERVES DIVISION 6 21 For salaries, support, maintenance, miscellaneous purposes, 6 22 and for not more than the following full-time equivalent 6 23 positions: 6 24 .................................................. $ 5,728,615 6 25 ............................................... FTEs 195.73 6 26 Of the amount appropriated in this subsection 2, at least 6 27 $50,000 shall be allocated for the replacement of maintenance 6 28 equipment used by the division. 6 29 3. FORESTS AND FORESTRY DIVISION 6 30 For salaries, support, maintenance, miscellaneous purposes, 6 31 and for not more than the following full-time equivalent 6 32 positions: 6 33 .................................................. $ 1,539,416 6 34 ............................................... FTEs 48.71 6 35 4. ENERGY AND GEOLOGICAL RESOURCES DIVISION 7 1 For salaries, support, maintenance, miscellaneous purposes, 7 2 and for not more than the following full-time equivalent 7 3 positions: 7 4 .................................................. $ 1,723,286 7 5 ............................................... FTEs 52.00 7 6 5. a. ENVIRONMENTAL PROTECTION DIVISION 7 7 (1) For salaries, support, maintenance, miscellaneous 7 8 purposes, and for not more than the following full-time 7 9 equivalent positions: 7 10 .................................................. $ 2,798,698 7 11 ............................................... FTEs 228.50 7 12 (2) Of the amount appropriated and the number of full-time 7 13 equivalent positions authorized in subparagraph (1), at least 7 14 $424,600 and 9.00 FTEs shall be used to support the regulation 7 15 of animal feeding operations. 7 16 (3) Of the amount appropriated and the number of full-time 7 17 equivalent positions authorized in subparagraph (1), at least 7 18 $700,467 and 10.00 FTEs shall be used to support the 7 19 regulation of wastewater treatment systems, including issuing 7 20 permits and conducting inspections. 7 21 b. WATER QUALITY PROTECTION FUND 7 22 For allocation to the administration account of the water 7 23 quality protection fund established pursuant to section 7 24 455B.183A, to carry out the purpose of that account: 7 25 .................................................. $ 729,000 7 26 (1) Of the number of full-time equivalent positions 7 27 authorized in paragraph "a", 32.50 FTEs shall be dedicated to 7 28 carrying out the provisions of chapter 455B relating to the 7 29 administration, regulation, and enforcement of the federal 7 30 Safe Drinking Water Act and to support the program to assist 7 31 water supply systems as provided in section 455B.183B. 7 32 However, the limitation on full-time equivalent positions 7 33 provided in paragraph "a", shall not limit the number of 7 34 additional full-time equivalent positions supported by moneys 7 35 deposited in the water quality protection fund as provided in 8 1 section 455B.183A, in order to carry out the provisions of 8 2 division III of chapter 455B relating to the administration, 8 3 regulation, and enforcement of the federal Safe Drinking Water 8 4 Act, and the administration of the program to assist water 8 5 supply systems pursuant to section 455B.183B. 8 6 (2) In providing assistance to water supply systems, the 8 7 department shall provide priority to water supply systems 8 8 serving a population of seven thousand or less. At least 2.00 8 9 FTEs shall be allocated to provide assistance to systems 8 10 serving a population of seven thousand or less. 8 11 6. FISH AND WILDLIFE DIVISION 8 12 For not more than the following full-time equivalent 8 13 positions: 8 14 ............................................... FTEs 342.18 8 15 7. WASTE MANAGEMENT ASSISTANCE DIVISION 8 16 For not more than the following full-time equivalent 8 17 positions: 8 18 ............................................... FTEs 17.75 8 19 Sec. 6. STATE FISH AND GAME PROTECTION FUND – 8 20 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 8 21 1. a. There is appropriated from the state fish and game 8 22 protection fund to the division of fish and wildlife of the 8 23 department of natural resources for the fiscal year beginning 8 24 July 1, 1997, and ending June 30, 1998, the following amount, 8 25 or so much thereof as is necessary, to be used for the 8 26 purposes designated: 8 27 For administrative support, and for salaries, support, 8 28 maintenance, equipment, and miscellaneous purposes: 8 29 .................................................. $ 21,951,394 8 30 b. Of the amount appropriated in paragraph "a", $105,000 8 31 may be used for purposes of providing compensation to 8 32 conservation peace officers employed in a protection 8 33 occupation who retire, pursuant to section 97B.49. 8 34 2. The department shall not expend more moneys from the 8 35 fish and game protection fund than provided in this section, 9 1 unless the expenditure derives from contributions made by a 9 2 private entity, or a grant or moneys received from the federal 9 3 government, and is approved by the natural resource 9 4 commission. The department of natural resources shall 9 5 promptly notify the legislative fiscal bureau and the 9 6 chairpersons and ranking members of the joint appropriations 9 7 subcommittee on agriculture and natural resources concerning 9 8 the commission's approval. 9 9 Sec. 7. MARINE FUEL TAX RECEIPTS – BOATING FACILITIES AND 9 10 ACCESS. There is appropriated from the marine fuel tax 9 11 receipts deposited in the general fund of the state to the 9 12 department of natural resources for the fiscal year beginning 9 13 July 1, 1997, and ending June 30, 1998, the following amount, 9 14 or so much thereof as is necessary, to be used for the purpose 9 15 designated: 9 16 For maintaining and developing boating facilities and 9 17 access to public waters by the parks and preserves division: 9 18 .................................................. $ 411,311 9 19 Sec. 8. SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT 9 20 PURPOSES. There is transferred on July 1, 1997, from the fees 9 21 deposited under section 321G.7 to the fish and game protection 9 22 fund and appropriated to the department of natural resources 9 23 for the fiscal year beginning July 1, 1997, and ending June 9 24 30, 1998, the following amount, or so much thereof as is 9 25 necessary, to be used for the purpose designated: 9 26 For enforcing snowmobile laws as part of the state 9 27 snowmobile program administered by the department of natural 9 28 resources: 9 29 .................................................. $ 100,000 9 30 Sec. 9. VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES. 9 31 There is transferred on July 1, 1997, from the fees deposited 9 32 under section 462A.52 to the fish and game protection fund and 9 33 appropriated to the natural resource commission for the fiscal 9 34 year beginning July 1, 1997, and ending June 30, 1998, the 9 35 following amount, or so much thereof as is necessary, to be 10 1 used for the purpose designated: 10 2 For the administration and enforcement of navigation laws 10 3 and water safety: 10 4 .................................................. $ 1,350,000 10 5 1. Of the amount appropriated in this section and the 10 6 full-time equivalent positions authorized for the fish and 10 7 wildlife division in section 5, subsection 6, of this Act, not 10 8 more than $100,000 and 1.00 FTE may be used for purposes of 10 9 controlling and eradicating eurasian milfoil. 10 10 2. Notwithstanding section 8.33, moneys transferred 10 11 pursuant to this section which are unencumbered or unobligated 10 12 on June 30, 1998, shall be transferred on July 1, 1998, to the 10 13 special conservation fund established by section 462A.52 to be 10 14 used as provided in that section, and shall not revert as 10 15 provided in section 8.33. 10 16 RESOURCES ENHANCEMENT AND PROTECTION 10 17 Sec. 10. GENERAL APPROPRIATION. Notwithstanding the 10 18 amount of the standing appropriation from the general fund of 10 19 the state under section 455A.18, subsection 3, there is 10 20 appropriated from the general fund of the state to the Iowa 10 21 resources enhancement and protection fund, in lieu of the 10 22 appropriation made in section 455A.18, for the fiscal year 10 23 beginning July 1, 1997, and ending June 30, 1998, the sum of 10 24 $9,000,000, of which all moneys shall be allocated as provided 10 25 in section 455A.19. 10 26 RELATED APPROPRIATIONS 10 27 Sec. 11. ANIMAL FEEDING OPERATIONS. Notwithstanding 10 28 section 455E.11, subsection 2, paragraph "b", prior to any 10 29 appropriation from the agriculture management account of the 10 30 groundwater protection fund, as provided in section 455E.11, 10 31 subsection 2, paragraph "b", the following amounts are 10 32 appropriated for use as provided in this section during the 10 33 fiscal period beginning July 1, 1997, and ending January 1, 10 34 1999, as follows: 10 35 1. To Iowa state university for purposes of conducting a 11 1 study of sites where there is located earthen waste storage 11 2 structures: 11 3 .................................................. $ 200,000 11 4 2. The moneys appropriated in this section shall be used 11 5 to determine the extent to which the structures contribute to 11 6 point and nonpoint pollution in this state. Iowa state 11 7 university shall select test sites where earthen waste storage 11 8 structures are located, and shall perform tests at the sites 11 9 with the owner's consent and according to established testing 11 10 procedures. For purposes of establishing a baseline for the 11 11 study, test sites shall include locations where the structures 11 12 are not located. To every extent feasible, the tests shall be 11 13 conducted to ensure the most efficient use of moneys 11 14 appropriated under this section to obtain accurate samples, 11 15 which may include the use of hydraulically powered, percussion 11 16 and probing equipment designed specifically for use in the 11 17 environmental industry to drive borings in order to obtain 11 18 groundwater samples. Iowa state university shall collect 11 19 samples and evaluate the results of the tests. Iowa state 11 20 university shall submit a report, including standards, 11 21 criteria, and protocols used to conduct the testing, to the 11 22 general assembly regarding the findings of the study not later 11 23 than January 1, 1999. 11 24 3. Except as provided in this subsection, the identity of 11 25 a site selected pursuant to this section, including a person 11 26 holding an interest in the earthen waste storage structure, 11 27 shall be confidential and shall not be subject to disclosure 11 28 under chapter 22, and the findings of the testing shall not be 11 29 used in a case or proceeding brought against a person based 11 30 upon a violation of state law. This subsection shall not 11 31 apply to a person or an animal feeding operation in which the 11 32 person holds a controlling interest, if the person is 11 33 classified as a habitual violator for a violation of state law 11 34 involving an animal feeding operation as regulated by the 11 35 department of natural resources. 12 1 4. Notwithstanding section 8.33, the moneys appropriated 12 2 pursuant to this section shall revert to the account from 12 3 which appropriated on January 1, 1999. 12 4 Sec. 12. TRANSFER FROM ORGANIC NUTRIENT MANAGEMENT FUND. 12 5 There is transferred from the organic nutrient management 12 6 fund, as created in section 161C.5, for the fiscal year 12 7 beginning July 1, 1997, and ending June 30, 1998, the 12 8 following amounts, or so much thereof as is necessary, to be 12 9 used for the purposes designated: 12 10 1. To Iowa state university for supporting odor control 12 11 applications for animal feeding operations, including 12 12 confinement feeding operations, regulated by the department of 12 13 natural resources pursuant to chapter 455B: 12 14 .................................................. $ 400,000 12 15 2. To the state board of regents for Iowa state university 12 16 for the fiscal year beginning July 1, 1997, and ending June 12 17 30, 1998, to be used for the purpose designated: 12 18 For purposes of supporting the Iowa state university 12 19 cooperative extension service in agriculture and home 12 20 economics in providing for a program to assist counties in 12 21 testing private wells and waters of the state for pollution 12 22 caused by animal production: 12 23 .................................................. $ 50,000 12 24 Moneys appropriated in subsection shall support testing 12 25 programs administered by counties which may submit an 12 26 application to the extension service to participate in the 12 27 state assistance program, as provided by the extension 12 28 service. The county shall perform testing within a test area. 12 29 As used in this section, "test area" means an area within a 12 30 two-mile radius of any structure used to store manure which is 12 31 part of a confinement feeding operation. Iowa state 12 32 university of science and technology shall adopt necessary 12 33 standards, protocols, and criteria for the establishment of 12 34 baselines for testing by counties. The program shall be 12 35 administered within each participating county by the county 13 1 agricultural extension district serving that county in 13 2 collaboration with the local board of health. The testing may 13 3 be performed with volunteer assistance. However, all testing 13 4 shall be performed under the supervision of a county 13 5 sanitarian. The samples of the testing shall be analyzed by 13 6 the state hygienic laboratory at the state university of Iowa 13 7 or an environmental laboratory for drinking water analysis 13 8 certified by the department of natural resources. The samples 13 9 shall be evaluated in accordance with standards established by 13 10 the department of agricultural biosystems engineering within 13 11 the college of agriculture and the college of engineering at 13 12 Iowa state university. All moneys available under this 13 13 subsection shall only be used for the following purposes: 13 14 a. Analyzing test samples by the state hygienic 13 15 laboratory. 13 16 b. Performing tests in counties. However, not more than 13 17 $50 of the moneys available under this section shall be used 13 18 to pay for administering testing within any test area, 13 19 including labor and equipment costs, regardless of the number 13 20 of tests performed within the test area. 13 21 3. To the soil conservation division of the department of 13 22 agriculture and land stewardship for purposes of supporting 13 23 technical training and administrative expenses of 13 24 commissioners of soil and water conservation districts: 13 25 .................................................. $ 99,000 13 26 Sec. 13. NONREVERSION OF MONEYS ALLOCATED TO IOWA GRAIN 13 27 QUALITY INITIATIVE. Notwithstanding 1995 Iowa Acts, chapter 13 28 216, section 19, subsection 2, moneys allocated pursuant to 13 29 1995 Iowa Acts, chapter 216, section 19, subsection 1, 13 30 paragraph "f", subparagraph (1), which remain unencumbered or 13 31 unobligated on June 30, 1997, shall not revert pursuant to 13 32 section 8.33, but shall remain available to Iowa state 13 33 university for purposes of supporting the Iowa cooperative 13 34 extension service in agriculture and home economics in 13 35 establishing and administering an Iowa grain quality 14 1 initiative in subsequent fiscal years. 14 2 Sec. 14. TRANSFERS OF MONEYS REQUIRED TO BE DEPOSITED IN 14 3 THE WATER PROTECTION FUND. Notwithstanding section 161C.4 and 14 4 the reversion and allocation provisions in section 455A.19, 14 5 subsection 1, paragraph "c", of the unencumbered and 14 6 unobligated moneys remaining, which are required to be 14 7 deposited in the water protection fund created in section 14 8 161C.4, as provided in section 455A.19, subsection 1, 14 9 paragraph "c", the following amount shall be transferred first 14 10 from moneys required to be deposited in the water protection 14 11 practices account, and if necessary from moneys required to be 14 12 deposited in the water quality protection projects account, 14 13 which shall be used for the following purposes: 14 14 To the Loess Hills development and conservation authority, 14 15 for deposit in the Loess Hills development and conservation 14 16 fund created in section 161D.2 for the purposes specified in 14 17 section 161D.1: 14 18 .................................................. $ 400,000 14 19 Sec. 15. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 14 20 UNDERGROUND STORAGE TANK FUND BOARD – TRANSFER. There is 14 21 appropriated from the unassigned revenue fund administered by 14 22 the Iowa comprehensive underground storage tank fund board, to 14 23 the department of natural resources for the fiscal year 14 24 beginning July 1, 1997, and ending June 30, 1998, the 14 25 following amount, or so much thereof as is necessary, to be 14 26 used for the purpose designated: 14 27 For administration expenses of the underground storage tank 14 28 section of the department of natural resources: 14 29 .................................................. $ 75,000 14 30 Sec. 16. TRANSFER – AIR QUALITY. For the fiscal year 14 31 beginning July 1, 1997, and ending June 30, 1998, the 14 32 department of natural resources may transfer up to $430,000 14 33 from the hazardous substance remedial fund created pursuant to 14 34 section 455B.423, to support purposes related to carrying out 14 35 the duties of the commission under section 455B.133, or the 15 1 director under section 455B.134, or for carrying out the 15 2 provisions of chapter 455B, division II. 15 3 Sec. 17. LEWIS AND CLARK RURAL WATER SYSTEM. There is 15 4 appropriated from the general fund of the state to the 15 5 department of natural resources for a grant to local sponsors 15 6 of the Lewis and Clark rural water system for the fiscal year 15 7 beginning July 1, 1997, and ending June 30, 1998, the 15 8 following amount, or so much thereof as is necessary, to be 15 9 used for the purpose designated: 15 10 For a grant for the purpose of providing safe and adequate 15 11 municipal and rural water supplies for residential, 15 12 agricultural, and industrial uses, to preserve wetlands, and 15 13 to mitigate water conservation efforts: 15 14 .................................................. $ 15,000 15 15 MISCELLANEOUS 15 16 Sec. 18. TRANSFER OF MONEYS OR POSITIONS – CHANGES IN 15 17 TABLES OF ORGANIZATION – NOTIFICATION. In addition to the 15 18 requirements of section 8.39, in each fiscal quarter, the 15 19 department of agriculture and land stewardship and the 15 20 department of natural resources shall notify the chairpersons, 15 21 vice chairpersons, and ranking members of the joint 15 22 appropriations subcommittee on agriculture and natural 15 23 resources for the previous fiscal quarter of any transfer of 15 24 moneys or full-time equivalent positions made by either 15 25 department which is not authorized in this Act, or any 15 26 permanent position added to or deleted from either 15 27 department's table of organization. 15 28 Sec. 19. GENERAL ASSEMBLY – DECLARATION OF INTENTION NOT 15 29 TO SUPPORT CERTAIN PROJECTS IN SUBSEQUENT FISCAL YEARS FROM 15 30 THE GENERAL FUND. The general assembly declares its intention 15 31 that for the fiscal year beginning July 1, 1998, and ending 15 32 June 30, 1999, and for subsequent fiscal years, all of the 15 33 following shall apply: 15 34 1. Moneys appropriated from the general fund of the state 15 35 shall not be used to support the administration of the organic 16 1 food program by the department of agriculture and land 16 2 stewardship, including the position of a program coordinator 16 3 within the department's laboratory division. The general 16 4 assembly intends that the program shall be supported by 16 5 revenues from fees imposed upon organic producers as may be 16 6 established or required by the general assembly, upon 16 7 finalization of organic production guidelines by the federal 16 8 government. 16 9 2. Moneys appropriated from the water protection fund as 16 10 created in section 161C.4 shall not be used to support the 16 11 Loess Hills development and conservation fund created in 16 12 section 161D.2. However, the general assembly supports 16 13 continued state funding of the loess hills development and 16 14 conservation authority as provided in section 161D.1. 16 15 Sec. 20. AIR QUALITY PROGRAM – NONGENERAL FUND SUPPORT. 16 16 The department of natural resources for the fiscal year 16 17 beginning July 1, 1997, and ending June 30, 1998, shall not 16 18 use moneys appropriated from the general fund of the state 16 19 pursuant to this Act, to support any purpose related to 16 20 carrying out the duties of the commission under section 16 21 455B.133 or the director under section 455B.134, or for 16 22 carrying out the provisions of chapter 455B, division II. 16 23 Notwithstanding section 455B.133B, the department may use 16 24 moneys deposited in the air contaminant source fund created in 16 25 section 455B.133B during the fiscal year beginning July 1, 16 26 1997, and ending June 30, 1998, for any purpose related to 16 27 carrying out the duties of the commission under section 16 28 455B.133 or the director under section 455B.134, or for 16 29 carrying out the provisions of chapter 455B, division II. 16 30 Sec. 21. ELIMINATION OF POSITIONS. The following 16 31 positions are eliminated from the administrative division of 16 32 the department of agriculture and land stewardship: 16 33 1. One position in the information bureau of the 16 34 administrative division. 16 35 2. The position of interim assistant secretary of 17 1 agriculture as created in 1996 Iowa Acts, chapter 1214, 17 2 section 27. 17 3 3. The position of deputy secretary of agriculture as 17 4 provided in 1996 Iowa Acts, chapter 1214, sections 25 and 33. 17 5 Sec. 22. APPROPRIATIONS CONDITIONAL UPON IMPLEMENTATION OF 17 6 ADMINISTRATIVE FUNCTIONS. As a condition of the 17 7 appropriations made to the department of agriculture and land 17 8 stewardship in sections 1 through 4 of this Act, all of the 17 9 following shall apply: 17 10 1. The office from which the position of deputy secretary 17 11 of agriculture performed duties on January 1, 1996, shall 17 12 remain vacated until the position of deputy secretary of 17 13 agriculture is filled. 17 14 2. The position of administrative assistant VI shall not 17 15 perform duties relating to personnel, administration, or 17 16 budgeting for the department, or have jurisdiction over the 17 17 heads of the department's administrative units, as provided by 17 18 1996 Iowa Acts, chapter 1214, section 26, as amended by this 17 19 Act. 17 20 Sec. 23. APPROPRIATIONS CONDITIONAL UPON EXECUTION OF A 17 21 MEMORANDUM OF UNDERSTANDING FOR ANIMAL CONTROL. 17 22 1. As a condition of the appropriations made to the 17 23 department of natural resources in section 5 of this Act, the 17 24 department shall, not later than June 1, 1997, execute a 17 25 memorandum of understanding with the United States department 17 26 of agriculture, animal and plant health inspection service, 17 27 animal damage control, for purposes of supporting measures by 17 28 the federal agency for the fiscal year beginning July 1, 1997, 17 29 to prevent or minimize damage to agricultural production 17 30 caused by all wild animals. 17 31 2. If the department of natural resources denies the 17 32 federal agency a depredation permit the department shall 17 33 notify the chairpersons, vice-chairpersons, and the minority 17 34 party ranking members of the general assembly's senate 17 35 standing committee on natural resources and environment and 18 1 the house standing committee on natural resources within ten 18 2 days from the date that denial occurred. 18 3 Sec. 24. SUPPORT OF WILD ANIMAL DEPREDATION BIOLOGISTS. 18 4 There is appropriated from the state fish and game protection 18 5 fund to the division of fish and wildlife of the department of 18 6 natural resources for the fiscal year beginning July 1, 1997, 18 7 and ending June 30, 1998, an amount necessary to support 18 8 necessary full-time equivalent positions which shall be filled 18 9 by persons serving as wild animal depredation biologists 18 10 within the wild animal depredation unit established within the 18 11 fish and wildlife division of the department of natural 18 12 resources, as provided in 1997 Iowa Acts, Senate File 362, if 18 13 enacted. 18 14 Sec. 25. 1996 Iowa Acts, chapter 1214, section 26, is 18 15 amended to read as follows: 18 16 SEC. 26. ADMINISTRATIVE ASSISTANT VI POSITION.An18 17additionalThe position of administrative assistant VIis18 18createdshall be maintained within the department of 18 19 agriculture and land stewardship. The duties of the position 18 20 shall not include any matter relating to personnel, including18 21the appointment of an interim assistant secretary of18 22agriculture as provided in section 27 of this Act;or the 18 23 administration of or budgeting for the department or its 18 24 administrative units, including divisions within the 18 25 department. The position shall not have jurisdiction over the 18 26 heads of the department's administrative units, including 18 27 division directors. Notwithstanding chapter 19A, the person 18 28 appointed to fill the position shall serve at the pleasure of 18 29 the secretary of agriculture.The secretary of agriculture18 30shall prepare and submit a written report to the chairpersons18 31and ranking members of the house and senate standing18 32committees on appropriations and to the legislative fiscal18 33bureau director not later than August 31, 1996, describing the18 34duties and responsibilities of the position.18 35 CODIFIED CHANGES 19 1 Sec. 26. NEW SECTION. 455A.12 GIFT CERTIFICATES FOR 19 2 SPECIAL PRIVILEGE FEES ON STATE PARKS AND RECREATION AREAS. 19 3 The department of natural resources shall publish and make 19 4 available for purchase by the general public, gift 19 5 certificates entitling the bearer of the certificate to free 19 6 camping and other special privileges at state parks and 19 7 recreation areas. The department shall establish prices for 19 8 the certificates based on amounts required to be paid in fees 19 9 for camping and special privileges pursuant to section 19 10 461A.47. 19 11 Sec. 27. NEW SECTION. 455A.13 STATE NURSERIES. 19 12 Notwithstanding section 17A.2, subsection 10, paragraph 19 13 "g", the department of natural resources shall adopt 19 14 administrative rules establishing a range of prices of plant 19 15 material grown at the state forest nurseries to cover all 19 16 expenses related to the growing of the plants. 19 17 1. The department shall develop programs to encourage the 19 18 wise management and preservation of existing woodlands and 19 19 shall continue its efforts to encourage forestation and 19 20 reforestation on private and public lands in the state. 19 21 2. The department shall encourage a cooperative 19 22 relationship between the state forest nurseries and private 19 23 nurseries in the state in order to achieve these goals. 19 24 REPEALS 19 25 Sec. 28. 1996 Iowa Acts, chapter 1214, section 33, is 19 26 amended to read as follows: 19 27 SEC. 33. FUTURE REPEAL. Sections 25through 27and 26 of 19 28 this Act are repealed on December 31, 1998. 19 29 Sec. 29. 1995 Iowa Acts, chapter 216, section 13, 19 30 subsection 3, is amended by striking the subsection. 19 31 Sec. 30. 1995 Iowa Acts, chapter 195, section 41, is 19 32 repealed. 19 33 Sec. 31. 1996 Iowa Acts, chapter 1214, section 27, is 19 34 repealed. 19 35 EFFECTIVE DATE 20 1 Sec. 32. EFFECTIVE DATE. Section 23 of this Act, being 20 2 deemed of immediate importance, takes effect upon enactment. 20 3 20 4 20 5 20 6 RON J. CORBETT 20 7 Speaker of the House 20 8 20 9 20 10 20 11 MARY E. KRAMER 20 12 President of the Senate 20 13 20 14 I hereby certify that this bill originated in the House and 20 15 is known as House File 708, Seventy-seventh General Assembly. 20 16 20 17 20 18 20 19 ELIZABETH ISAACSON 20 20 Chief Clerk of the House 20 21 Approved , 1997 20 22 20 23 20 24 20 25 TERRY E. BRANSTAD 20 26 Governor
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