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PAG LIN 1 1 Section 1. Section 455A.5, subsection 6, Code 1997, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. g. Establish a lake management program to 1 4 improve and protect the quality of public lakes. The 1 5 commission shall provide for the compilation of basic 1 6 scientific data on lakes in this state and assessment of 1 7 experimental and innovative techniques of lake rehabilitation 1 8 and protection. In addition, the commission shall carry out 1 9 the following duties including, but not limited to: 1 10 (1) Adopt a classification system for the selection of 1 11 eligible lakes for study or treatment and for determining 1 12 priority of treatment among eligible lakes, taking into 1 13 consideration factors such as the amount of public use and 1 14 private development, the potential for adequate pollution and 1 15 erosion controls within the drainage basin, special 1 16 environmental values, the potential for future successful 1 17 management, and other factors. 1 18 (2) Adopt standards and guidelines for lake rehabilitation 1 19 plans to ensure that rehabilitation efforts and expenditures 1 20 yield maximum returns, that environmental values are 1 21 protected, and that rehabilitated lakes are protected from 1 22 degradation to the maximum extent possible in the future. 1 23 (3) Identify specific uses of any federal or state funds 1 24 available for lake rehabilitation and supporting research 1 25 activities. 1 26 (4) Specify lakes to be used as benchmarks in measuring 1 27 man-induced effects on lake environments. 1 28 (5) Specify research programs and projects on lake 1 29 degradation, protection, or rehabilitation. 1 30 (6) Adopt procedures to ensure that projects receiving 1 31 state financial assistance comply with the requirements of 1 32 this program. 1 33 Sec. 2. Section 455A.7, subsection 1, paragraph c, Code 1 34 1997, is amended to read as follows: 1 35 c.FishLake management, fish, and wildlife division which 2 1 is responsible for programs relating to wildlife, law 2 2 enforcement, fisheries, lake management, and land acquisition 2 3 and management. 2 4 Sec. 3. NEW SECTION. 455A.25 LAKE MANAGEMENT DISTRICTS 2 5 – LEGISLATIVE INTENT – GOALS. 2 6 1. The general assembly declares that it is necessary to 2 7 embark upon a program of lake protection and rehabilitation, 2 8 to authorize a conjunctive state and local program of lake 2 9 protection and rehabilitation to fulfill the positive duty of 2 10 the state as trustee of navigable waters and to protect 2 11 environmental values. The general assembly finds that a state 2 12 effort of research, analysis, planning, and financing, and a 2 13 local effort undertaken by lake management districts of 2 14 planning and plan implementation are necessary and desirable, 2 15 and that the local districts should be formed by persons 2 16 directly affected by the deteriorated condition of lakes and 2 17 willing to assist financially, or through other means, in 2 18 remedying lake problems. The general assembly further finds 2 19 that state efforts are needed to aid and assist local efforts, 2 20 to ensure that projects are undertaken only if they promote 2 21 the public rights in navigable waters, environmental values, 2 22 and the public welfare, and to administer a program of 2 23 financial aids to support rehabilitation projects with 2 24 benefits to all state citizens. 2 25 2. The primary goal of activity under this subchapter 2 26 shall be to improve or protect the quality of public inland 2 27 lakes. In addition, compilation of basic scientific data on 2 28 lakes of this state and assessment of experimental and 2 29 innovative techniques of lake rehabilitation and protection 2 30 shall be goals of the program. Districts may undertake 2 31 protection and rehabilitation projects to achieve a program of 2 32 lake protection and rehabilitation. Projects may be 2 33 undertaken in cooperation with the department, other 2 34 government agencies, and public and private organizations. 2 35 Sec. 4. NEW SECTION. 455A.26 DEFINITIONS. 3 1 As used in this subchapter, unless the context otherwise 3 2 requires: 3 3 1. "Board" means the board of supervisors of a county, or 3 4 the joint boards of supervisors of two or more counties, in 3 5 which a district has been incorporated and organized or is 3 6 proposed to be incorporated and organized. 3 7 2. "District" means a lake management district 3 8 incorporated and organized pursuant to this subchapter. 3 9 3. "Lake rehabilitation" means the improvement or 3 10 restoration of lakes from an undesirable or degraded condition 3 11 to a former, less deteriorated condition or to a condition of 3 12 greater usefulness. 3 13 4. "Program" means measures to effect lake protection and 3 14 rehabilitation, including surveys of sources of degradation, 3 15 treatment of aquatic nuisances, securing cooperation of units 3 16 of general purpose government to enact necessary ordinances, 3 17 undertaking of projects as defined in subsection 5, and any 3 18 other necessary measures. 3 19 5. "Project" means activities or works which are described 3 20 in section 455A.41 which are subject to the procedures of this 3 21 subchapter. 3 22 6. "Public lake" or "lake" means a reservoir or 3 23 impoundment within the boundaries of the state that is 3 24 accessible to the public by way of contiguous public lands or 3 25 easements giving public access. 3 26 Sec. 5. NEW SECTION. 455A.27 INCORPORATION. 3 27 If an area of contiguous territory is situated so that the 3 28 protection and rehabilitation of public lakes for the 3 29 residents of the territory will be conducive to the public 3 30 health, comfort, convenience, water quality, or welfare, the 3 31 area may be incorporated as a lake management district as set 3 32 forth in this subchapter. 3 33 Sec. 6. NEW SECTION. 455A.28 PETITION FOR PUBLIC 3 34 HEARING. 3 35 1. The board shall, on the petition of twenty-five percent 4 1 of the property owners of a proposed district if the assessed 4 2 valuation of the property owned by the petitioners represents 4 3 at least twenty-five percent of the total assessed value of 4 4 the proposed district, hold a public hearing concerning the 4 5 establishment of a proposed district. The petition shall 4 6 include a statement containing the following information: 4 7 a. The need for the district. 4 8 b. A description of the district to be served. 4 9 c. The approximate number of residents in the district. 4 10 2. The petition shall also include the natural resource 4 11 commission's approval of the proposed district as submitted by 4 12 the petitioners. 4 13 3. The board may require a bond of the petitioners 4 14 conditioned for the payment of all costs and expenses incurred 4 15 in the proceedings in case the district is not established. 4 16 Sec. 7. NEW SECTION. 455A.29 TIME OF PUBLIC HEARING. 4 17 The public hearing required in section 455A.28 shall be 4 18 held within thirty days of the presentation of the petition. 4 19 Notice of hearing shall be given by publication as provided in 4 20 section 331.305. 4 21 Sec. 8. NEW SECTION. 455A.30 HEARING OF PETITION – 4 22 ACTION BY BOARD. 4 23 At the public hearing required in section 455A.28, the 4 24 board may consider the boundaries of a proposed district, 4 25 whether the boundaries shall be as described in the petition 4 26 or otherwise, and for that purpose may amend the petition and 4 27 change the boundaries of the proposed district as stated in 4 28 the petition. The board may adjust the boundaries of a 4 29 proposed district as needed to exclude land that has no 4 30 reasonable likelihood of benefit from inclusion in the 4 31 proposed district. However, the boundaries of a proposed 4 32 district shall not be changed to incorporate property which is 4 33 not included in the original petition. 4 34 After, and within ten days of, the hearing, the board shall 4 35 establish the district by resolution or disallow the petition. 5 1 Sec. 9. NEW SECTION. 455A.31 ENGINEER. 5 2 1. If the board establishes a district, a competent 5 3 disinterested civil engineer shall be appointed, who shall 5 4 prepare a preliminary plat showing: 5 5 a. The proper design in general outline of the district. 5 6 b. The lots and parcels of land within the proposed 5 7 district as they appear on the county auditor's plat books 5 8 with the names of the owners. 5 9 c. The assessed valuations of the lots and parcels. 5 10 2. The compensation of the engineer on the preliminary 5 11 investigation shall be determined by the board. The engineer 5 12 shall file a report with the county auditor within thirty days 5 13 of appointment. The board may extend the time upon good cause 5 14 shown. 5 15 Sec. 10. NEW SECTION. 455A.32 HEARING ON ENGINEER'S 5 16 REPORT. 5 17 After the engineer's report is filed, the board shall give 5 18 notice, as provided in section 455A.29, of a public hearing to 5 19 be held concerning the engineer's preliminary plat. After, 5 20 and within ten days of, the hearing, the board shall approve 5 21 or disapprove the preliminary plat. If the preliminary plat 5 22 is disapproved, the board may make changes in the boundaries 5 23 as deemed necessary for the board's approval of the 5 24 preliminary plat. 5 25 Sec. 11. NEW SECTION. 455A.33 ELECTION ON PROPOSED LEVY 5 26 AND CANDIDATES FOR TRUSTEES. 5 27 If a preliminary plat has been approved by the board, an 5 28 election shall be held within the district within sixty days 5 29 to approve or disapprove the levy of a tax of not more than 5 30 four dollars per thousand dollars of assessed value on all the 5 31 taxable property within the district except property assessed 5 32 as agricultural land, and to choose candidates for the offices 5 33 of trustees of the district. The tax levy shall not be levied 5 34 on property assessed as agricultural land. Notice of the 5 35 election, including the time and place of holding the 6 1 election, shall be given as provided in section 455A.29. The 6 2 vote shall be by ballot which shall state clearly the 6 3 proposition to be voted upon, and any registered voter 6 4 residing within the district at the time of the election may 6 5 vote. It is not mandatory for the county commissioner of 6 6 elections to conduct such an election, but such an election 6 7 shall be conducted in accordance with chapter 49 when not in 6 8 conflict with this subchapter. Judges shall be appointed by 6 9 the board from among the registered voters of the district to 6 10 be in charge of the election. The judges are not entitled to 6 11 receive pay. The proposition is approved if a majority of 6 12 those voting on the proposition vote in favor of it. 6 13 Sec. 12. NEW SECTION. 455A.34 TRUSTEES – TERM AND 6 14 QUALIFICATION. 6 15 At the election, the names of at least three candidates for 6 16 trustee shall be written in by the voters on blank ballots 6 17 without formal nomination and the board shall appoint three 6 18 from among the five receiving the highest number of votes as 6 19 trustees for the district. One trustee shall be appointed to 6 20 serve for one year, one for two years, and one for three 6 21 years. The terms of the succeeding trustees are for three 6 22 years. The trustees shall give bond in the amount required by 6 23 the board, the premium of which shall be paid by the district. 6 24 The trustees must be residents of the district. Vacancies 6 25 shall be filled by election, but if there are no candidates 6 26 for a trustee office, the vacancy may be filled by appointment 6 27 by the board for the remainder of the term. 6 28 Sec. 13. NEW SECTION. 455A.35 BOARD OF TRUSTEES – 6 29 POWER. 6 30 The trustees are the corporate authority of the district 6 31 and shall manage and control the affairs, property, and 6 32 facilities of the district. The board of trustees shall elect 6 33 a president, a clerk, and a treasurer from its membership. 6 34 The trustees may certify for levy an annual tax as provided in 6 35 section 455A.33. The trustees may establish a lake 7 1 rehabilitation program. For these purposes, the trustees may 7 2 purchase material, employ personnel, acquire real estate and 7 3 interests in real estate, and perform all other acts necessary 7 4 to properly maintain and operate the district. The trustees 7 5 are allowed necessary expenses in the discharge of their 7 6 duties, but they shall not receive a salary. 7 7 Sec. 14. NEW SECTION. 455A.36 BONDS IN ANTICIPATION OF 7 8 REVENUE. 7 9 A district may anticipate the collection of taxes by the 7 10 levy authorized in this subchapter, and to carry out the 7 11 purposes of this subchapter may issue bonds payable in not 7 12 more than twenty equal installments with the rate of interest 7 13 not exceeding that permitted by chapter 74A. An indebtedness 7 14 shall not be incurred under this subchapter until authorized 7 15 by an election. The election shall be held and notice given 7 16 in the same manner as provided in section 455A.33, and the 7 17 same majority vote is necessary to authorize indebtedness. 7 18 Both propositions may be submitted to the voters at the same 7 19 election. 7 20 Sec. 15. NEW SECTION. 455A.37 DISSOLUTION OF DISTRICT. 7 21 Upon petition of thirty-five percent of the resident 7 22 eligible electors, the board of supervisors may dissolve a 7 23 district and dispose of any remaining property, the proceeds 7 24 of which shall first be applied against outstanding 7 25 obligations and any balance shall be applied to tax credits 7 26 for property owners of the district. However, if the district 7 27 is annexed, the board of supervisors may transfer the 7 28 remaining property and balance to the city which annexed the 7 29 territory. The board of supervisors shall continue to levy a 7 30 tax after dissolution of a district, in an amount necessary to 7 31 pay all outstanding obligations of the district as they become 7 32 due, until all outstanding obligations of the district are 7 33 paid. 7 34 Sec. 16. NEW SECTION. 455A.38 STATE FUNDING. 7 35 If a proposed project or activity by a district involves an 8 1 application for state financial assistance, the procedures 8 2 specified in sections 455A.39 to 455A.42 apply. 8 3 Sec. 17. NEW SECTION. 455A.39 FEASIBILITY STUDY. 8 4 1. A feasibility study completed through government 8 5 agencies and public or private organizations shall include 8 6 gathering data on the lake in question, drainage basin, 8 7 sources of pollution or nutrients, or other information 8 8 necessary to determine the causes of degradation and remedial 8 9 courses of action to prevent continued degradation or to 8 10 determine potential causes of degradation and preventive 8 11 courses of action. The department shall prescribe data to be 8 12 secured, methods of analysis and evaluation, and duration of 8 13 datagathering to be used in feasibility studies. 8 14 2. a. The district may contract for a feasibility study 8 15 with the lowest responsible bidder who submits a bid in the 8 16 manner the board of trustees prescribes. 8 17 b. In order to receive financial assistance for a 8 18 feasibility study the district shall obtain the advice and 8 19 approval of the department before entering into a contract for 8 20 the feasibility study and the department shall be made a party 8 21 to the contract. 8 22 3. Data gathered shall be forwarded to the department, 8 23 which shall analyze it on an interdisciplinary basis. 8 24 4. If the study shows that pesticides are a source of lake 8 25 degradation, the district shall petition the department of 8 26 agriculture and land stewardship to impose restrictions to 8 27 mitigate or eliminate the pesticide degradation. 8 28 5. The department shall formulate suggested alternative 8 29 methods, including cost estimates, of protecting or 8 30 rehabilitating the water quality of the lake or portions of 8 31 the lake. Alternative protection schemes shall include steps 8 32 necessary to maintain the water quality of the lake. 8 33 Alternative rehabilitative schemes shall include steps 8 34 necessary to abate continued degradation of the lake following 8 35 implementation of a given rehabilitation plan. 9 1 Sec. 18. NEW SECTION. 455A.40 PLAN PREPARATION AND 9 2 ADOPTION. 9 3 1. If specific lake protection and rehabilitation measures 9 4 developed under section 455A.39 appear feasible and if 9 5 financial assistance under section 455A.42 is sought, the 9 6 board of trustees of the district shall develop a proposed 9 7 plan based upon the recommendations of the department and the 9 8 formulated alternatives or upon other technically valid bases. 9 9 2. Prior to adopting a plan by formal resolution under 9 10 section 455A.41, the board of trustees shall do all of the 9 11 following: 9 12 a. Forward a copy of the proposed plan to the department. 9 13 b. Refer the proposed plan to the appropriate regional 9 14 planning agency for the area, if any, for review and comment 9 15 within sixty days of receipt. 9 16 c. Make application for any required permits and file an 9 17 application for financial assistance. 9 18 3. Within twenty-one days after receipt of the proposed 9 19 plan and applications the department shall advise the lake 9 20 district if additional information is needed to conduct its 9 21 technical and environmental review of the proposal. If an 9 22 environmental impact statement is required, the department 9 23 shall complete its environmental impact review before taking 9 24 final action on the proposed plan. 9 25 4. Within sixty days, the department shall by order either 9 26 approve, approve with modification or disapprove the plan. 9 27 The department shall concurrently rule on all permit 9 28 applications. 9 29 Sec. 19. NEW SECTION. 455A.41 IMPLEMENTATION. 9 30 1. A plan which involves financial assistance under 9 31 section 455A.42 shall not be formally adopted for 9 32 implementation by the district until the department approves 9 33 the plan or whatever modifications the department finds 9 34 appropriate. If the department modifies an application by 9 35 order, the department shall clearly explain reasons why the 10 1 modifications are being made. 10 2 2. Following receipt of the department's order, the board 10 3 of trustees may adopt the approved plan by resolution and, if 10 4 adopted, the board of trustees shall forward a copy of the 10 5 resolution and plan to the department. 10 6 3. Implementation work may consist of any work in the lake 10 7 or its watershed which will protect or enhance the 10 8 opportunities for public enjoyment of the lake. 10 9 Sec. 20. NEW SECTION. 455A.42 FINANCIAL ASSISTANCE 10 10 PROGRAM. 10 11 1. A feasibility study contracted under section 455A.39 is 10 12 eligible for financial assistance subject to guidelines 10 13 established by rule by the department for funding feasibility 10 14 studies. The state shall match the cost of an approved 10 15 feasibility study at the ratio of three state dollars to one 10 16 district dollar. Receipt of financial assistance for a 10 17 feasibility study does not guarantee financial assistance for 10 18 implementation costs and the department shall not make this 10 19 type of commitment for future financial assistance. 10 20 2. A district desiring financial assistance shall apply to 10 21 the department on forms provided by the department and 10 22 prescribing the information to be submitted. 10 23 3. The department shall review all applications for 10 24 financial assistance under this section. In the course of 10 25 review of applications for financial assistance for 10 26 implementation work, the department shall consider factors 10 27 including, but not limited to, the following: 10 28 a. Whether the citizens of the state will reasonably 10 29 benefit from any improvements made or information obtained, 10 30 and the degree of benefit. 10 31 b. Whether sufficient long-term and short-term benefits 10 32 will be derived from the project in relation to its cost. 10 33 c. Whether the project is financially viable, given the 10 34 resources of the district and the possibility of financial and 10 35 nonmonetary aid. 11 1 d. Whether adequate steps have been or will be taken to 11 2 ensure that the improved conditions resulting from the project 11 3 will be sustained by adequate controls over potential sources 11 4 of lake degradation including, where appropriate, control of 11 5 sediments. 11 6 e. Whether experimental techniques involving a high risk 11 7 of failure are being undertaken. 11 8 f. Whether contamination from deleterious substances 11 9 emitted by residential municipal or industrial sources, 11 10 sedimentation, siltation and nutrient fertilization from 11 11 uncontrolled agricultural sources or septic tanks, 11 12 groundwater, municipal and industrial wastes and other 11 13 drainage sources, and any other sources responsible for lake 11 14 degradation, are or will be substantially eliminated as a 11 15 source of lake degradation, in order that any lake 11 16 rehabilitated under this subchapter may be protected or 11 17 maintained in its protected or rehabilitated state. 11 18 g. Whether the project involves dredging and, if it does, 11 19 the expected useful duration of the proposed dredging, whether 11 20 other techniques are available to provide relief from the 11 21 problem to be solved by dredging and whether long-term 11 22 controls are or will be undertaken to prevent sedimentation. 11 23 h. Whether the project involves algae or aquatic plant 11 24 abatement programs and, if it does, whether long-term controls 11 25 are or will be undertaken to reduce or prevent nutrient 11 26 pollution. 11 27 4. The department shall not approve an application for 11 28 financial assistance for the implementation of any project 11 29 which involves dredging if the expected useful duration of the 11 30 dredging is less than fifty years. The department shall not 11 31 approve any application for financial assistance for the 11 32 implementation of dredging if the amount of the financial 11 33 assistance to be provided for dredging for a single project 11 34 exceeds ten percent of the funds available for all projects in 11 35 the fiscal year. The department shall not approve any 12 1 application for financial assistance for the implementation of 12 2 dredging unless no other reasonable alternative is available 12 3 to provide relief from the problem to be solved by dredging. 12 4 5. The department shall act upon each application for 12 5 financial assistance within sixty days following plan approval 12 6 and issuance of permits unless lack of adequate funding or the 12 7 need to invoke a priority system dictates a delay in acting. 12 8 Plan disapproval, delay in funding, or other action not 12 9 approving the application shall be explained by the department 12 10 to the district in writing. 12 11 6. a. The department shall not grant financial assistance 12 12 for implementation work in an amount which reduces a 12 13 district's share of the project cost to less than one dollar 12 14 for each three dollars of state assistance. 12 15 b. A grant for financial assistance under this section 12 16 shall not exceed twenty-five percent of state funds available 12 17 in the fiscal year. 12 18 c. A grant for financial assistance under this section 12 19 shall not provide for funding for dredging in an amount which 12 20 exceeds ten percent of the funds available in the fiscal year. 12 21 d. The department shall not renew a grant for financial 12 22 assistance under this section in future fiscal years unless 12 23 the commission finds that a special situation exists and 12 24 recommends renewal of the grant. 12 25 Sec. 21. APPROPRIATION – PILOT PROJECTS. 12 26 1. There is appropriated from the general fund of the 12 27 state to the state fish and game protection fund the sum of 12 28 $1,500,000, or so much thereof as is necessary, to fund lake 12 29 rehabilitation programs and projects as provided in this Act. 12 30 The moneys appropriated pursuant to this subsection shall be 12 31 from the excise tax on the sale of motor fuel used in 12 32 watercraft. Of the funds appropriated by this Act, the lake 12 33 management, fish, and wildlife division may employ not more 12 34 than two additional full-time employees for the lake 12 35 management program. 13 1 2. The funds appropriated in subsection 1 shall also be 13 2 used by the lake management, fish, and wildlife division to 13 3 implement not more than two pilot lake rehabilitation projects 13 4 in cooperation with not more than two lake management 13 5 districts established pursuant to this Act. 13 6 Sec. 22. LAKE MANAGEMENT, FISH, AND WILDLIFE DIVISION. 13 7 Sections 455A.10, 456A.16, 456A.17, and 456A.19, Code 1997, 13 8 are amended by striking the phrase "fish and wildlife 13 9 division" where it exists in those sections and inserting the 13 10 phrase "lake management, fish, and wildlife division". 13 11 Sec. 23. CODIFICATION. The Code editor shall codify new 13 12 Code sections 455A.25 through 455A.42 as a new subchapter of 13 13 chapter 455A. 13 14 EXPLANATION 13 15 This bill renames the fish and wildlife division of the 13 16 department of natural resources to the lake management, fish, 13 17 and wildlife division and directs the division to establish a 13 18 lake management program to be implemented in cooperation with 13 19 lake management districts. The lake management district may 13 20 be created by affected boards of supervisors at the petition 13 21 of residents of a proposed district. The lake management 13 22 districts may be created in the same manner as benefited water 13 23 or sanitary districts are created. The primary purpose of the 13 24 lake management district is to protect and rehabilitate lakes 13 25 located in the district. 13 26 The bill also appropriates $1,500,000 from the general fund 13 27 of the state to the state fish and game protection fund to 13 28 implement not more than two pilot projects in cooperation with 13 29 two lake management districts. The appropriation is made from 13 30 moneys received from the tax revenue derived from marine fuel. 13 31 LSB 3115XC 77 13 32 tj/sc/14.1
Text: SSB02019 Text: SSB02021 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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