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PAG LIN 1 1 SENATE FILE 2295 1 2 1 3 AN ACT 1 4 RELATING TO AND MAKING APPROPRIATIONS FOR AGRICULTURE AND 1 5 NATURAL RESOURCES AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 1 10 Section 1. GENERAL APPROPRIATION. There is appropriated 1 11 from the general fund of the state to the department of 1 12 agriculture and land stewardship for the fiscal year beginning 1 13 July 1, 1998, and ending June 30, 1999, the following amounts, 1 14 or so much thereof as is necessary, to be used for the 1 15 purposes designated: 1 16 1. ADMINISTRATIVE DIVISION 1 17 a. For salaries, support, maintenance, the support of the 1 18 state 4-H foundation, support of the statistics bureau, and 1 19 miscellaneous purposes, and for the salaries and support of 1 20 not more than the following full-time equivalent positions: 1 21 .................................................. $ 1,853,756 1 22 ............................................... FTEs 42.78 1 23 (1) Of the amount appropriated and full-time equivalent 1 24 positions authorized in this paragraph "a", $322,329 and 7.00 1 25 FTEs shall be used to support horticulture. 1 26 (2) Of the amount appropriated in this paragraph "a", 1 27 $55,000 shall be allocated to the state 4-H foundation to 1 28 foster the development of Iowa's youth and to encourage them 1 29 to study the subject of agriculture. 1 30 (3) Of the amount appropriated and full-time equivalent 1 31 positions authorized in this paragraph "a", $129,167 and 4.00 1 32 FTEs shall be allocated to the statistics bureau to provide 1 33 county-by-county information on land in farms, production by 1 34 crop, acres by crop, and county prices by crop. This 1 35 information shall be made available to the department of 2 1 revenue and finance for use in the productivity formula for 2 2 valuing and equalizing the values of agricultural land. 2 3 (4) Of the amount appropriated in this paragraph "a", 2 4 $12,000 shall be used by the agricultural statistics bureau 2 5 for purposes of collecting, summarizing, and publishing 2 6 marketing information on a monthly basis, regarding finished 2 7 cattle in cooperation with the Iowa cattlemen's association, 2 8 including unfinished cattle for market, cattle placed on feed, 2 9 and cattle on hand under marketing arrangements. 2 10 (5) Of the amount appropriated in this paragraph "a", 2 11 $24,000 shall be used by the domestic marketing bureau through 2 12 an existing federal and state cooperative agreement to develop 2 13 accurate, reliable market information regarding segregated 2 14 early-weaned pigs and alternate feeder pigs marketing systems. 2 15 (6) Of the amount appropriated and the number of full-time 2 16 equivalent positions authorized in this paragraph "a", at 2 17 least $38,000 shall be used for livestock market news 2 18 reporting. 2 19 (7) Of the full-time equivalent positions authorized in 2 20 paragraph "a", 1.33 of the FTE positions relate to the 2 21 transition of personnel services contractors to FTE positions. 2 22 The merit system provisions of Code chapter 19A and the 2 23 provisions of the state or union collective bargaining 2 24 agreements shall not govern movement into these FTE positions 2 25 until September 1, 1998. This subparagraph shall no longer 2 26 apply after September 1, 1998. 2 27 b. For the operations of the dairy trade practices bureau: 2 28 .................................................. $ 69,984 2 29 c. For the purpose of performing commercial feed audits: 2 30 .................................................. $ 67,807 2 31 d. For the purpose of performing fertilizer audits: 2 32 .................................................. $ 67,807 2 33 2. REGULATORY DIVISION 2 34 a. For salaries, support, maintenance, miscellaneous 2 35 purposes, and for not more than the following full-time 3 1 equivalent positions: 3 2 .................................................. $ 4,057,274 3 3 ............................................... FTEs 125.50 3 4 (1) Of the amount appropriated in this paragraph "a", 3 5 $10,000 shall be used by the regulatory division for purposes 3 6 of inspecting livestock exhibited at the Iowa state fair, with 3 7 particular attention to the inspection of livestock for club- 3 8 lamb fungus. 3 9 (2) Of the full-time equivalent positions authorized in 3 10 paragraph "a", 1.00 FTE position relates to the transition of 3 11 personnel services contractors to FTE positions. The merit 3 12 system provisions of Code chapter 19A and the provisions of 3 13 the state or union collective bargaining agreements shall not 3 14 govern movement into these FTE positions until September 1, 3 15 1998. This subparagraph shall no longer apply after September 3 16 1, 1998. 3 17 b. For the costs of inspection, sampling, analysis, and 3 18 other expenses necessary for the administration of chapters 3 19 192, 194, and 195: 3 20 .................................................. $ 670,796 3 21 3. LABORATORY DIVISION 3 22 a. For salaries, support, maintenance, and miscellaneous 3 23 purposes, including the administration of the gypsy moth 3 24 program, and for not more than the following full-time 3 25 equivalent positions: 3 26 .................................................. $ 997,161 3 27 ............................................... FTEs 85.10 3 28 (1) Of the amount appropriated in this paragraph "a", 3 29 $110,000 shall be used to administer a program relating to the 3 30 detection, surveillance, and eradication of the gypsy moth. 3 31 The department shall allocate and use the appropriation made 3 32 in this paragraph before moneys other than those appropriated 3 33 in this paragraph are used to support the program. 3 34 (2) Of the amount appropriated and the authorized full- 3 35 time equivalent positions in this paragraph "a", $136,022 and 4 1 2.00 FTEs shall be used to administer a certification program 4 2 to assure that organic foods sold commercially within the 4 3 state comply with federal and state regulations relating to 4 4 organic foods. However, if Senate File 2332 or other 4 5 legislation providing for the production, handling, 4 6 processing, and sale of organic agricultural products as 4 7 provided in Senate File 2332, is not enacted by the Seventy- 4 8 seventh General Assembly, 1998 Session, the full-time 4 9 equivalent positions authorized and the amount appropriated 4 10 under this subparagraph shall be reduced by 1.00 FTE and 4 11 $68,011. 4 12 b. For the operations of the commercial feed programs: 4 13 .................................................. $ 787,906 4 14 c. For the operations of the pesticide programs: 4 15 .................................................. $ 1,257,056 4 16 Of the amount appropriated in this paragraph "c", $200,000 4 17 shall be allocated to Iowa state university for purposes of 4 18 training commercial pesticide applicators. 4 19 d. For the operations of the fertilizer programs: 4 20 .................................................. $ 671,854 4 21 4. SOIL CONSERVATION DIVISION 4 22 a. For salaries, support, maintenance, assistance to soil 4 23 conservation districts, miscellaneous purposes, and for not 4 24 more than the following full-time equivalent positions: 4 25 .................................................. $ 6,600,518 4 26 ............................................... FTEs 171.28 4 27 Of the amount appropriated in this paragraph "a", $418,376 4 28 shall be used to reimburse commissioners of soil and water 4 29 conservation districts for administrative expenses, including 4 30 but not limited to, travel expenses and technical training. 4 31 Moneys used for the payment of meeting dues by counties shall 4 32 be matched on a dollar-for-dollar basis by the soil 4 33 conservation division. 4 34 b. To provide financial incentives for soil conservation 4 35 practices under chapter 161A: 5 1 .................................................. $ 6,500,850 5 2 c. The following requirements apply to the moneys 5 3 appropriated in paragraph "b": 5 4 (1) Not more than 5 percent of the moneys appropriated in 5 5 paragraph "b" may be allocated for cost sharing to abate 5 6 complaints filed under section 161A.47. 5 7 (2) Of the moneys appropriated in paragraph "b", 5 percent 5 8 shall be allocated for financial incentives to establish 5 9 practices to protect watersheds above publicly owned lakes of 5 10 the state from soil erosion and sediment as provided in 5 11 section 161A.73. 5 12 (3) Not more than 30 percent of a district's allocation of 5 13 moneys as financial incentives may be provided for the purpose 5 14 of establishing management practices to control soil erosion 5 15 on land that is row cropped, including but not limited to no- 5 16 till planting, ridge-till planting, contouring, and contour 5 17 strip-cropping as provided in section 161A.73. 5 18 (4) The state soil conservation committee created in 5 19 section 161A.4 may allocate moneys to conduct research and 5 20 demonstration projects to promote conservation tillage and 5 21 nonpoint source pollution control practices. 5 22 (5) The financial incentive payments may be used in 5 23 combination with department of natural resources moneys. 5 24 d. The provisions of section 8.33 shall not apply to the 5 25 moneys appropriated in paragraph "b". Unencumbered or 5 26 unobligated moneys remaining on June 30, 2002, from moneys 5 27 appropriated in paragraph "b" for the fiscal year beginning 5 28 July 1, 1998, shall revert to the general fund of the state on 5 29 August 31, 2002. 5 30 Sec. 2. FARMERS' MARKET COUPON PROGRAM. There is 5 31 appropriated from the general fund of the state to the 5 32 department of agriculture and land stewardship for the fiscal 5 33 year beginning July 1, 1998, and ending June 30, 1999, the 5 34 following amount, or so much thereof as is necessary, to be 5 35 used for the purposes designated: 6 1 For salaries, support, maintenance, and miscellaneous 6 2 purposes, to be used by the department to continue and expand 6 3 the farmers' market coupon program by providing federal 6 4 special supplemental food program recipients with coupons 6 5 redeemable at farmers' markets, and for not more than the 6 6 following full-time equivalent positions: 6 7 .................................................. $ 258,995 6 8 ............................................... FTEs 1.00 6 9 DEPARTMENT OF NATURAL RESOURCES 6 10 Sec. 3. GENERAL APPROPRIATION. There is appropriated from 6 11 the general fund of the state to the department of natural 6 12 resources for the fiscal year beginning July 1, 1998, and 6 13 ending June 30, 1999, the following amounts, or so much 6 14 thereof as is necessary, to be used for the purposes 6 15 designated: 6 16 1. ADMINISTRATIVE AND SUPPORT SERVICES 6 17 a. For salaries, support, maintenance, miscellaneous 6 18 purposes, and for not more than the following full-time 6 19 equivalent positions: 6 20 .................................................. $ 2,101,715 6 21 ............................................... FTEs 119.25 6 22 b. Of the amount appropriated in paragraph "a", $12,000 6 23 shall be allocated to pay dues for membership in the upper 6 24 Mississippi river basin commission. 6 25 c. Of the amount appropriated and the number of full-time 6 26 equivalent positions authorized in paragraph "a", at least 6 27 $150,000 and 3.00 FTEs shall be used by administrative and 6 28 support services to support a compliance and permit assistance 6 29 team to facilitate cooperation between the department and 6 30 persons regulated by the department in order to ensure 6 31 efficient compliance with applicable legal requirements. 6 32 d. Of the amount appropriated and the number of full-time 6 33 equivalent positions authorized in paragraph "a", not less 6 34 than $34,000 and 1.00 FTE shall be used by administrative and 6 35 support services to support the inspection and oversight of 7 1 manure management plans associated with confinement feeding 7 2 operations regulated by the department. 7 3 2. PARKS AND PRESERVES DIVISION 7 4 For salaries, support, maintenance, miscellaneous purposes, 7 5 and for not more than the following full-time equivalent 7 6 positions: 7 7 .................................................. $ 5,993,308 7 8 ............................................... FTEs 195.73 7 9 Of the amount appropriated in this subsection 2, at least 7 10 $50,000 shall be allocated for the replacement of maintenance 7 11 equipment used by the division. 7 12 3. FORESTS AND FORESTRY DIVISION 7 13 For salaries, support, maintenance, miscellaneous purposes, 7 14 and for not more than the following full-time equivalent 7 15 positions: 7 16 .................................................. $ 1,653,846 7 17 ............................................... FTEs 48.71 7 18 4. ENERGY AND GEOLOGICAL RESOURCES DIVISION 7 19 a. For salaries, support, maintenance, miscellaneous 7 20 purposes, and for not more than the following full-time 7 21 equivalent positions: 7 22 .................................................. $ 1,854,059 7 23 ............................................... FTEs 54.00 7 24 b. Of the amount appropriated and the number of full-time 7 25 equivalent positions authorized in paragraph "a", not less 7 26 than $76,000 and 2.00 FTEs shall be used by the energy and 7 27 geological resources division to review soil and hydrology 7 28 data for construction permits and manure management plans 7 29 associated with confinement feeding operations regulated by 7 30 the department. 7 31 5. ENVIRONMENTAL PROTECTION DIVISION 7 32 a. For salaries, support, maintenance, miscellaneous 7 33 purposes, and for not more than the following full-time 7 34 equivalent positions: 7 35 .................................................. $ 3,616,627 8 1 ............................................... FTEs 236.50 8 2 b. Of the amount appropriated and the number of full-time 8 3 equivalent positions authorized in paragraph "a", at least 8 4 $424,600 and 9.00 FTEs shall be primarily used to support the 8 5 regulation of animal feeding operations. 8 6 c. Of the amount appropriated and the number of full-time 8 7 equivalent positions authorized in paragraph "a", at least 8 8 $700,467 and 10.00 FTEs shall be used to support the 8 9 regulation of wastewater treatment systems, including issuing 8 10 permits and conducting inspections. 8 11 d. Of the amount appropriated and the number of full-time 8 12 equivalent positions authorized in paragraph "a", at least 8 13 $270,000 and 6.00 FTEs shall be used to support on-site 8 14 inspections and the oversight of manure management plans 8 15 associated with confinement feeding operations regulated by 8 16 the department. 8 17 6. WATER QUALITY PROTECTION FUND 8 18 a. For deposit in the administration account of the water 8 19 quality protection fund established pursuant to section 8 20 455B.183A, to carry out the purpose of that account: 8 21 .................................................. $ 729,000 8 22 (1) Of the number of full-time equivalent positions 8 23 authorized in subsection 5, paragraph "a", 32.50 FTEs shall be 8 24 dedicated to carrying out the provisions of chapter 455B 8 25 relating to the administration, regulation, and enforcement of 8 26 the federal Safe Drinking Water Act and to support the program 8 27 to assist water supply systems as provided in section 8 28 455B.183B. However, the limitation on full-time equivalent 8 29 positions provided in subsection 5, paragraph "a", shall not 8 30 limit the number of additional full-time equivalent positions 8 31 supported by moneys deposited in the water quality protection 8 32 fund as provided in section 455B.183A, in order to carry out 8 33 the provisions of division III of chapter 455B relating to the 8 34 administration, regulation, and enforcement of the federal 8 35 Safe Drinking Water Act, and the administration of the program 9 1 to assist water supply systems pursuant to section 455B.183B. 9 2 (2) In providing assistance to water supply systems, the 9 3 department shall give priority to water supply systems serving 9 4 a population of seven thousand or less. At least 2.00 FTEs 9 5 shall be allocated to provide assistance to systems serving a 9 6 population of seven thousand or less. 9 7 b. Of the amount appropriated to the administration 9 8 account of the water quality protection fund as provided in 9 9 paragraph "a", $300,000 shall be allocated to Iowa state 9 10 university of science and technology for purposes of 9 11 conducting studies regarding groundwater and surface water 9 12 contamination in this state. The identity of a site selected 9 13 in conducting testing shall remain confidential and shall not 9 14 be subject to disclosure under chapter 22. However, the 9 15 identity of the site shall be provided to the department of 9 16 natural resources, which shall keep the identity confidential. 9 17 The findings of the testing shall not be used in a case or 9 18 proceeding brought against a person based upon a violation of 9 19 state law. The university shall cooperate with the department 9 20 of natural resources in designing, implementing, and 9 21 conducting the studies. The university shall report all 9 22 results of the studies to the department, the legislative 9 23 fiscal bureau, and the members of the joint appropriations 9 24 subcommittee on agriculture and natural resources. 9 25 c. Of the amount appropriated to the administration 9 26 account of the water quality protection fund as provided in 9 27 paragraph "a", $15,000 shall be allocated to support a grant 9 28 to local sponsors of the Lewis and Clark rural water system in 9 29 order to construct a system to provide safe and adequate 9 30 municipal and rural water supplies for residential, 9 31 commercial, agricultural, and industrial uses, to preserve 9 32 wetlands, and to mitigate water conservation efforts. 9 33 7. FISH AND WILDLIFE DIVISION 9 34 For not more than the following full-time equivalent 9 35 positions: 10 1 ............................................... FTEs 344.18 10 2 8. WASTE MANAGEMENT ASSISTANCE DIVISION 10 3 For not more than the following full-time equivalent 10 4 positions: 10 5 ............................................... FTEs 17.75 10 6 Sec. 4. STATE FISH AND GAME PROTECTION FUND 10 7 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 10 8 1. a. There is appropriated from the state fish and game 10 9 protection fund to the division of fish and wildlife of the 10 10 department of natural resources for the fiscal year beginning 10 11 July 1, 1998, and ending June 30, 1999, the following amount, 10 12 or so much thereof as is necessary, to be used for the 10 13 purposes designated: 10 14 For administrative support, and for salaries, support, 10 15 maintenance, equipment, and miscellaneous purposes: 10 16 .................................................. $ 23,128,434 10 17 b. Of the amount appropriated in paragraph "a", $105,000 10 18 may be used for purposes of providing compensation to 10 19 conservation peace officers employed in a protection 10 20 occupation who retire, pursuant to section 97B.49. 10 21 c. Of the amount appropriated in paragraph "a", $300,000 10 22 shall be used by the division for the replacement of worn 10 23 boats, motors, and trailers used by fish and wildlife water 10 24 patrol officers. 10 25 2. The department shall not expend more moneys from the 10 26 fish and game protection fund than provided in this section, 10 27 unless the expenditure derives from contributions made by a 10 28 private entity, or a grant or moneys received from the federal 10 29 government, and is approved by the natural resource 10 30 commission. The department of natural resources shall 10 31 promptly notify the legislative fiscal bureau and the 10 32 chairpersons and ranking members of the joint appropriations 10 33 subcommittee on agriculture and natural resources concerning 10 34 the commission's approval. 10 35 Sec. 5. SNOWMOBILE FEES TRANSFER FOR ENFORCEMENT 11 1 PURPOSES. There is transferred on July 1, 1998, from the fees 11 2 deposited under section 321G.7 to the fish and game protection 11 3 fund and appropriated to the department of natural resources 11 4 for the fiscal year beginning July 1, 1998, and ending June 11 5 30, 1999, the following amount, or so much thereof as is 11 6 necessary, to be used for the purpose designated: 11 7 For enforcing snowmobile laws as part of the state 11 8 snowmobile program administered by the department of natural 11 9 resources: 11 10 .................................................. $ 100,000 11 11 Sec. 6. VESSEL FEES TRANSFER FOR ENFORCEMENT PURPOSES. 11 12 There is transferred on July 1, 1998, from the fees deposited 11 13 under section 462A.52 to the fish and game protection fund and 11 14 appropriated to the natural resource commission for the fiscal 11 15 year beginning July 1, 1998, and ending June 30, 1999, the 11 16 following amount, or so much thereof as is necessary, to be 11 17 used for the purpose designated: 11 18 For the administration and enforcement of navigation laws 11 19 and water safety: 11 20 .................................................. $ 1,630,000 11 21 1. Of the amount appropriated in this section and the 11 22 full-time equivalent positions authorized in this Act for the 11 23 fish and wildlife division, not more than $100,000 and 1.00 11 24 FTE may be used for purposes of controlling and eradicating 11 25 eurasian milfoil. 11 26 2. Of the amount appropriated in this section, not more 11 27 than $30,000 shall be used by the department to carry out the 11 28 provisions of 1998 Iowa Acts, Senate File 429, if enacted by 11 29 the Seventy-seventh General Assembly, 1998 Session. However, 11 30 if Senate File 429 is not enacted, the amount appropriated 11 31 under this section for the administration and enforcement of 11 32 navigation laws and water safety shall be reduced by $30,000. 11 33 3. Notwithstanding section 8.33, moneys transferred and 11 34 appropriated pursuant to this section which are unencumbered 11 35 or unobligated on June 30, 1999, shall be transferred on July 12 1 1, 1999, to the special conservation fund established by 12 2 section 462A.52 to be used as provided in that section, and 12 3 shall not revert as provided in section 8.33. 12 4 Sec. 7. MARINE FUEL TAX RECEIPTS BOATING FACILITIES. 12 5 There is appropriated from the marine fuel tax receipts 12 6 deposited in the general fund of the state to the department 12 7 of natural resources for the fiscal year beginning July 1, 12 8 1998, and ending June 30, 1999, the following amount, or so 12 9 much thereof as is necessary, to be used for the purposes 12 10 designated: 12 11 For purposes of maintaining and developing boating 12 12 facilities and access to public waters by the parks and 12 13 preserves division: 12 14 .................................................. $ 411,311 12 15 RESOURCES ENHANCEMENT AND PROTECTION 12 16 Sec. 8. GENERAL APPROPRIATION. Notwithstanding the amount 12 17 of the standing appropriation from the general fund of the 12 18 state under section 455A.18, subsection 3, there is 12 19 appropriated from the general fund of the state to the Iowa 12 20 resources enhancement and protection fund, in lieu of the 12 21 appropriation made in section 455A.18, for the fiscal year 12 22 beginning July 1, 1998, and ending June 30, 1999, the sum of 12 23 $9,000,000, of which all moneys shall be allocated as provided 12 24 in section 455A.19. 12 25 ANIMAL HEALTH AND INDUSTRY 12 26 Sec. 9. HORSE AND DOG RACING. 12 27 1. There is appropriated from the moneys available under 12 28 section 99D.13 to the regulatory division of the department of 12 29 agriculture and land stewardship for the fiscal year beginning 12 30 July 1, 1998, and ending June 30, 1999, the following amount, 12 31 or so much thereof as is necessary, to be used for the 12 32 purposes designated: 12 33 For salaries, support, maintenance, and miscellaneous 12 34 purposes for the administration of section 99D.22: 12 35 .................................................. $ 250,211 13 1 2. Of the amount appropriated and FTE authorized in 13 2 subsection 1, $42,752 is allocated and 1.00 FTE shall be used 13 3 for purposes of supporting an additional livestock inspector 13 4 to inspect horses and dogs involved in racing under chapter 13 5 99D. 13 6 Sec. 10. PSEUDORABIES ERADICATION PROGRAM. 13 7 1. There is appropriated from the general fund of the 13 8 state to the department of agriculture and land stewardship 13 9 for the fiscal year beginning July 1, 1998, and ending June 13 10 30, 1999, the following amount, or so much thereof as is 13 11 necessary, to be used for the purpose designated: 13 12 For support of the pseudorabies eradication program: 13 13 .................................................. $ 900,500 13 14 2. Persons, including organizations interested in swine 13 15 production in this state and in the promotion of Iowa pork 13 16 products who contribute support to the program, are encouraged 13 17 to increase financial support for purposes of ensuring the 13 18 program's effective continuation. 13 19 Sec. 11. PORCINE REPRODUCTIVE AND RESPIRATORY SYNDROME. 13 20 There is appropriated from the general fund of the state to 13 21 Iowa state university of science and technology for the fiscal 13 22 year beginning July 1, 1998, and ending June 30, 1999, the 13 23 following amount, or so much thereof as is necessary, to be 13 24 used for the purpose designated: 13 25 For the purpose of supporting research to manage or 13 26 eradicate porcine reproductive and respiratory syndrome: 13 27 .................................................. $ 50,000 13 28 1. As a condition of the appropriation made in this 13 29 section, each dollar from the appropriation expended under 13 30 this section must be matched by one dollar contributed by a 13 31 nonstate source. 13 32 2. Moneys appropriated in this section shall be expended 13 33 in accordance with the direction of the livestock health 13 34 advisory council established pursuant to section 267.2. 13 35 Sec. 12. LEGISLATIVE STUDY. The legislative council is 14 1 requested to establish an interim study committee consisting 14 2 of members of both political parties from both houses of the 14 3 general assembly to review and consider the need for 14 4 improvements in the division of responsibilities regarding on- 14 5 site inspections of animal feeding operations between the 14 6 department of natural resources and the department of 14 7 agriculture and land stewardship. The legislative council is 14 8 requested to authorize one day for a meeting regarding the 14 9 issues. The committee shall submit its findings, together 14 10 with any recommendations, in a report to the general assembly 14 11 which convenes in January 1999. 14 12 RELATED APPROPRIATIONS 14 13 Sec. 13. REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE 14 14 UNDERGROUND STORAGE TANK FUND BOARD. There is appropriated 14 15 from the unassigned revenue fund administered by the Iowa 14 16 comprehensive underground storage tank fund board, to the 14 17 department of natural resources for the fiscal year beginning 14 18 July 1, 1998, and ending June 30, 1999, the following amount, 14 19 or so much thereof as is necessary, to be used for the purpose 14 20 designated: 14 21 For administration expenses of the underground storage tank 14 22 section of the department of natural resources: 14 23 .................................................. $ 75,000 14 24 Sec. 14. PRIVATE WELL TESTING. Notwithstanding section 14 25 455E.11, subsection 2, paragraph "b", prior to any 14 26 appropriation from the agriculture management account of the 14 27 groundwater protection fund, as provided in section 455E.11, 14 28 subsection 2, paragraph "b", the following amount is 14 29 appropriated for use as provided in this section during the 14 30 fiscal period beginning July 1, 1998, and ending June 30, 14 31 1999, as follows: 14 32 To Iowa state university for purposes of supporting the 14 33 Iowa state university cooperative extension service in 14 34 agriculture and home economics in providing for a program to 14 35 assist counties in testing private wells and waters of the 15 1 state for pollution caused by animal production: 15 2 .................................................. $ 50,000 15 3 Moneys appropriated in this section shall be used to 15 4 support testing programs administered by counties which may 15 5 submit an application to the extension service to participate 15 6 in the state assistance program, as provided by the extension 15 7 service. The county shall perform testing within a test area. 15 8 As used in this section, "test area" means an area within a 15 9 two-mile radius of any structure used to store manure which is 15 10 part of a confinement feeding operation. Iowa state 15 11 university of science and technology shall adopt necessary 15 12 standards, protocols, and criteria for the establishment of 15 13 baselines for testing by counties. The program shall be 15 14 administered within each participating county by the county 15 15 agricultural extension district serving that county in 15 16 collaboration with the local board of health. The testing may 15 17 be performed with volunteer assistance. However, all testing 15 18 shall be performed under the supervision of a county 15 19 sanitarian. The samples of the testing shall be analyzed by 15 20 the state hygienic laboratory at the state university of Iowa 15 21 or an environmental laboratory for drinking water analysis 15 22 certified by the department of natural resources. The samples 15 23 shall be evaluated in accordance with standards established by 15 24 the department of agricultural biosystems engineering within 15 25 the college of agriculture and the college of engineering at 15 26 Iowa state university. All moneys appropriated in this 15 27 section shall only be used for the following purposes: 15 28 1. Analyzing test samples by the state hygienic 15 29 laboratory. 15 30 2. Performing tests in counties. However, not more than 15 31 $50 of the moneys appropriated in this section shall be used 15 32 to pay for administering testing within any test area, 15 33 including labor and equipment costs, regardless of the number 15 34 of tests performed within the test area. 15 35 Sec. 15. Of the amount appropriated to Iowa state 16 1 university for supporting odor control applications for animal 16 2 feeding operations, as provided in 1997 Iowa Acts, chapter 16 3 213, section 12, subsection 1, any amount which is 16 4 unencumbered or unobligated on June 30, 1998, shall be 16 5 transferred to the livestock disease research fund established 16 6 pursuant to section 267.8 for use by the Iowa state university 16 7 college of veterinary medicine upon recommendation of the 16 8 livestock health advisory council in a manner consistent with 16 9 the provisions of chapter 267. 16 10 MISCELLANEOUS 16 11 Sec. 16. Notwithstanding the provision of section 16 12 455B.103A, subsection 4, for the fiscal year beginning July 1, 16 13 1998, the department of natural resources may use additional 16 14 funds for the staffing of two additional full-time staff 16 15 members to reduce the department's flood plain permit backlog. 16 16 Sec. 17. REDUCTION OF APPROPRIATIONS. This section shall 16 17 apply to each appointed nonelected position which is supported 16 18 by moneys appropriated in sections 1 and 3 of this Act. If 16 19 the amount of moneys to be used for a salary during the fiscal 16 20 year beginning July 1, 1998, and ending June 30, 1999, is more 16 21 than the amount actually required to pay that salary for the 16 22 fiscal year, the amount of the relevant appropriation shall be 16 23 reduced by the amount equal to the difference. The amount 16 24 appropriated in section 1, subsection 4, of this Act, to 16 25 support financial incentives for soil conservation practices 16 26 under chapter 161A shall be increased by the amount of the 16 27 difference. However, the amount of the difference shall be 16 28 allocated in the same manner as other moneys which are 16 29 reallocated to soil and water conservation districts after the 16 30 moneys are returned by a district to the soil conservation 16 31 division. 16 32 Sec. 18. COOPERATION BETWEEN DEPARTMENTS. It is the 16 33 intent of the general assembly that the division of soil 16 34 conservation of the department of agriculture and land 16 35 stewardship may provide technical assistance to the department 17 1 of natural resources regarding the design and engineering of 17 2 unformed manure storage structures pursuant to chapter 455B. 17 3 As used in this section an unformed manure storage structure 17 4 means the same as defined in section 455B.161, as amended by 17 5 1998 Iowa Acts, House File 2494. 17 6 Sec. 19. TRANSFER OF MONEYS OR POSITIONS CHANGES IN 17 7 TABLES OF ORGANIZATION NOTIFICATION. In addition to the 17 8 requirements of section 8.39, in each fiscal quarter, the 17 9 department of agriculture and land stewardship and the 17 10 department of natural resources shall notify the chairpersons, 17 11 vice chairpersons, and ranking members of the joint 17 12 appropriations subcommittee on agriculture and natural 17 13 resources for the previous fiscal quarter of any transfer of 17 14 moneys or full-time equivalent positions made by either 17 15 department which is not authorized in this Act, or any 17 16 permanent position added to or deleted from either 17 17 department's table of organization. 17 18 Sec. 20. TRANSFER AIR QUALITY. For the fiscal year 17 19 beginning July 1, 1998, and ending June 30, 1999, the 17 20 department of natural resources may transfer up to $775,000 17 21 for the fiscal year from the hazardous substance remedial fund 17 22 created pursuant to section 455B.423 to support purposes 17 23 related to carrying out the duties of the commission under 17 24 section 455B.133, or the director under section 455B.134, or 17 25 for carrying out the provisions of chapter 455B, division II. 17 26 Notwithstanding section 455B.133B, the department may use 17 27 moneys deposited in the air contaminant source fund created in 17 28 section 455B.133B during the fiscal year for any purpose 17 29 related to carrying out the duties of the commission under 17 30 section 455B.133 or the director under section 455B.134, or 17 31 for carrying out the provisions of chapter 455B, division II. 17 32 Sec. 21. 1997 Iowa Acts, chapter 213, section 21, 17 33 subsection 3, is amended by striking the subsection. 17 34 Sec. 22. Section 455E.11, subsection 2, paragraph b, 17 35 subparagraph (3), subparagraph subdivision (d), Code 1997, is 18 1 amended to read as follows: 18 2 (d) Thirteen percent of the moneys is appropriated 18 3 annually to the department of agriculture and land stewardship 18 4 for financial incentive programs related to agricultural 18 5 drainage wells and sinkholes, for studies and administrative 18 6 costs relating to sinkholes and agricultural drainage wells 18 7 programs.Of the thirteen percent allocated for financial18 8incentive programs, not more than fifty thousand dollars is18 9appropriated for the fiscal year beginning July 1, 1987, and18 10ending June 30, 1988, to the department of natural resources18 11for grants to county conservation boards for the development18 12and implementation of projects regarding alternative practices18 13in the remediation of noxious weeds or other vegetation within18 14highway rights-of-way. Any remaining balance of the18 15appropriation made for the purpose of funding of projects18 16regarding alternative practices in the remediation of noxious18 17weeds or other vegetation within highway rights-of-way for the18 18fiscal year beginning July 1, 1987, and ending June 30, 1988,18 19shall not revert to the account, notwithstanding section 8.33,18 20but shall remain available for the purpose of funding the18 21projects during the fiscal period beginning July 1, 1988, and18 22ending June 30, 1990.Of the moneys allocated for financial 18 23 incentive programs, the department may reimburse landowners 18 24 for engineering costs associated with voluntarily closing 18 25 agricultural drainage wells. The financial incentives 18 26 allocated for voluntary closing of agricultural drainage wells 18 27 shall be provided on a cost-share basis which shall not exceed 18 28 fifty percent of the estimated cost or fifty percent of the 18 29 actual cost, whichever is less. Engineering costs do not 18 30 include construction costs, including costs associated with 18 31 earth moving. 18 32 Sec. 23. EFFECTIVE DATES. 18 33 1. 1997 Iowa Acts, chapter 213, section 21, subsection 3, 18 34 as amended by this Act, takes effect on January 1, 1999. 18 35 2. Section 15 of this Act takes effect upon enactment. 19 1 19 2 19 3 19 4 MARY E. KRAMER 19 5 President of the Senate 19 6 19 7 19 8 19 9 RON J. CORBETT 19 10 Speaker of the House 19 11 19 12 I hereby certify that this bill originated in the Senate and 19 13 is known as Senate File 2295, Seventy-seventh General Assembly. 19 14 19 15 19 16 19 17 MARY PAT GUNDERSON 19 18 Secretary of the Senate 19 19 Approved , 1998 19 20 19 21 19 22 19 23 TERRY E. BRANSTAD 19 24 Governor
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