Text: S05070 Text: S05072 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2371 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 466.1 SHORT TITLE. 1 5 This chapter shall be known and may be cited as 1 6 "Initiative on Improving Our Watershed Attributes (I 1 7 on IOWA)". 1 8 Sec. 2. NEW SECTION. 466.2 LEGISLATIVE GOAL. 1 9 The goal of this chapter is to develop a 1 10 comprehensive water quality program that will result 1 11 in water quality improvements while reducing proposed 1 12 regulatory impacts. The program shall use 1 13 information, education, monitoring, technical 1 14 assistance, data gathering and evaluation, incentives, 1 15 and more efficient issuance of permits. The program 1 16 is expected to have a menu of initiatives and 1 17 approaches to appeal to a broad audience of 1 18 participants and shall be coordinated so that 1 19 individual initiatives work toward the objective of 1 20 improved water quality. The departments of 1 21 agriculture and land stewardship and natural resources 1 22 shall work cooperatively with federal agencies to 1 23 obtain waivers and changes in rules and procedures at 1 24 national and state levels to improve the federal 1 25 programs' environmental and economic performance for 1 26 Iowans. State agencies shall collaborate with other 1 27 state agencies to attain the overall goal of water 1 28 quality. 1 29 Sec. 3. NEW SECTION. 466.3 CONSERVATION BUFFER 1 30 STRIP PROGRAM. 1 31 1. As used in this section, "conservation buffer 1 32 strip" means a riparian buffer, filter strip, 1 33 waterway, contour buffer strip, shallow water area for 1 34 wildlife, field border, or any vegetative barrier on 1 35 private land that meets the criteria established by 1 36 the United States department of agriculture, natural 1 37 resources conservation service. 1 38 2. a. The department of agriculture and land 1 39 stewardship, in consultation with the department of 1 40 natural resources, shall establish a program to 1 41 accelerate the United States department of 1 42 agriculture's program to install conservation buffer 1 43 strips in this state. 1 44 b. The department of agriculture and land 1 45 stewardship shall request waivers from the United 1 46 States department of agriculture to initiate pilot 1 47 projects that reward landowners maintaining current 1 48 conservation practices. The goal of the pilot 1 49 projects is to discourage the destruction of existing 1 50 conservation buffer strips and to monetarily reward 2 1 landowners who maintain quality conservation 2 2 practices. If the waivers are granted, up to twenty- 2 3 five percent of the program resources shall be 2 4 committed to establishing pilot projects. 2 5 c. The department of agriculture and land 2 6 stewardship shall request a waiver from the United 2 7 States department of agriculture for the purpose of 2 8 establishing that a person who is subject to a twenty- 2 9 five percent reduction in conservation buffer strip 2 10 payments due to grazing, shall be allowed ninety days 2 11 to graze animals. 2 12 d. The department of natural resources shall 2 13 establish a prairie seed harvest program to assist in 2 14 the restoration of prairies and provide for private 2 15 land stewardship and public resource management 2 16 through assistance with the implementation of buffer 2 17 and filter strip practices, and public or private 2 18 habitat development and management. The department 2 19 shall carry out these efforts through landowner 2 20 contacts and cooperation with private and public 2 21 organizations. 2 22 e. The five-year goal of the conservation buffer 2 23 strip program shall be to meet the objective of water 2 24 quality improvement by enrolling an additional four 2 25 hundred seven thousand five hundred acres. 2 26 Sec. 4. NEW SECTION. 466.4 CONSERVATION RESERVE 2 27 ENHANCED PROGRAM. 2 28 1. A conservation reserve enhanced program is 2 29 established within the department of agriculture and 2 30 land stewardship to restore or construct wetlands for 2 31 the purposes of intercepting tile line runoff, 2 32 reducing nutrient loss, improving water quality, and 2 33 enhancing agricultural production practices. The 2 34 program shall be directed primarily, but not 2 35 exclusively, toward the tile-drained areas of the 2 36 state. 2 37 2. The department of agriculture and land 2 38 stewardship shall request the assistance of and 2 39 consult with the United States department of 2 40 agriculture natural resources conservation service and 2 41 farm service agency to implement the conservation 2 42 reserve enhanced program. The department shall also 2 43 consult with county boards of supervisors, county 2 44 conservation boards, drainage district 2 45 representatives, department of natural resources, and 2 46 soil and water conservation districts affected by the 2 47 implementation of the conservation reserve enhanced 2 48 program. 2 49 3. The department of agriculture and land 2 50 stewardship shall maintain a record of all wetlands 3 1 established pursuant to the conservation reserve 3 2 enhanced program including any conditions that may 3 3 apply to the landowner's right to remove the wetland 3 4 after the provisions of the conservation reserve 3 5 enhanced program contract or easement is concluded. 3 6 4. When establishing a wetland under this 3 7 subsection, the department of agriculture and land 3 8 stewardship shall be governed by the following 3 9 requirements: 3 10 a. Wetland construction or restoration shall not 3 11 damage the value of property in any public or private 3 12 drainage system without the property owner's consent. 3 13 b. Wetland construction or restoration shall 3 14 improve water quality and provide aesthetic and 3 15 habitat benefits. 3 16 c. Wetland construction or restoration under this 3 17 section may be used to mitigate wetland removal by the 3 18 landowner if it meets the requirements of federal 3 19 agencies with wetland jurisdictional authorities. 3 20 Where practical, priority shall be given to mitigating 3 21 wetland removal within the same United States 3 22 geological survey hydrologic unit code 8 watershed, 3 23 but a watershed confines shall not limit the use of 3 24 duly authorized wetland mitigation banks. 3 25 5. The five-year goal of the conservation reserve 3 26 enhanced program is the establishment of thirty-two 3 27 thousand five hundred acres of wetlands. 3 28 Sec. 5. NEW SECTION. 466.5 WATER QUALITY 3 29 MONITORING. 3 30 The department of natural resources shall operate 3 31 water quality monitoring stations for the purpose of 3 32 gathering information and data to establish benchmarks 3 33 for water quality in this state. 3 34 Sec. 6. NEW SECTION. 466.6 WATER QUALITY 3 35 PROTECTION PROGRAM. 3 36 1. Conditioned on an appropriation for this 3 37 purpose, the department of agriculture and land 3 38 stewardship shall implement, in conjunction with the 3 39 federal government and other entities, a program that 3 40 provides multiobjective resource protections for flood 3 41 control, water quality, erosion control, and natural 3 42 resource conservation. 3 43 2. Conditioned on an appropriation for this 3 44 purpose, the department of agriculture and land 3 45 stewardship shall implement a statewide, voluntary 3 46 farm management demonstration program to demonstrate 3 47 the effectiveness and adaptability of emerging 3 48 practices in agronomy that protect water resources and 3 49 provide other environmental benefits. The 3 50 demonstration program shall be designed to concentrate 4 1 on management techniques in both the livestock and 4 2 crop genre and shall be offered to farm operators 4 3 through an educational setting and demonstration 4 4 projects. The demonstration program shall be offered 4 5 in conjunction with the community colleges, Iowa state 4 6 university, and private farmer demonstrations. 4 7 Continuing education units shall be offered. The 4 8 educational program shall be offered at no cost to 4 9 farm operators who file a schedule F with the Internal 4 10 Revenue Service and do not have permitted livestock 4 11 facilities or are certified under a manure management 4 12 plan. 4 13 3. Conditioned upon an appropriation for this 4 14 purpose and private funding, the department of 4 15 agriculture and land stewardship shall provide 4 16 financial assistance for the establishment of 4 17 permanent soil and water conservation practices. 4 18 4. Conditioned upon an appropriation and matching 4 19 federal funds for this purpose, the department of 4 20 natural resources shall establish a program to assist 4 21 homeowners residing outside the boundaries of a city 4 22 with improving on-site wastewater systems. The 4 23 department shall adopt rules to administer the on-site 4 24 wastewater system program. At a minimum, the rules 4 25 shall determine criteria for enrollment into the 4 26 program, identify methods and tools available for 4 27 making and securing loans, establish limits for loan 4 28 amounts and terms, and provide assistance to county 4 29 environmental health officials to inspect on-site 4 30 systems. The department of natural resources shall 4 31 report to the general assembly on the progress of the 4 32 on-site wastewater system program. 4 33 5. Conditioned upon an appropriation for this 4 34 purpose, the department of natural resources shall 4 35 provide local watershed managers with geographic 4 36 information system data for their use in developing, 4 37 monitoring, and displaying results of their watershed 4 38 work. The local watershed data shall be considered 4 39 public records and are accessible to the public 4 40 pursuant to chapter 22. 4 41 6. Conditioned upon an appropriation for this 4 42 purpose, the department of natural resources shall 4 43 develop a program that provides support to local 4 44 volunteer management efforts to the different programs 4 45 concerned with water quality. The department shall 4 46 assist in coordinating and tracking of the volunteer 4 47 component of these programs to increase efficiency and 4 48 avoid duplication of efforts in water quality 4 49 monitoring and watershed improvement. 4 50 7. Conditioned upon an appropriation for this 5 1 purpose, the department of natural resources shall 5 2 provide for activities supporting the analysis of 5 3 water quality monitoring data for trends, eco-region- 5 4 based biological standards, and for the preparation 5 5 and presentation of data to the public. 5 6 8. Conditioned upon an appropriation for this 5 7 purpose, the department of natural resources shall 5 8 contract to assist its staff with the review of 5 9 national pollutant discharge elimination system 5 10 permits. 5 11 9. Conditioned upon an appropriation for this 5 12 purpose, the department of natural resources shall 5 13 expand the floodplain protection education to better 5 14 inform local officials that make decisions with regard 5 15 to floodplain management. 5 16 10. Conditioned upon an appropriation for this 5 17 purpose, the department of natural resources shall 5 18 continue the establishment of an effective and 5 19 efficient method of developing a total maximum daily 5 20 load program, based on information gathered on other 5 21 states' programs and investigation into alternative 5 22 methods for satisfying the requirements. 5 23 Sec. 7. Section 455B.171, Code 1999, is amended by 5 24 adding the following new subsections: 5 25 NEW SUBSECTION. 10A. "Credible data" means 5 26 scientifically valid chemical, physical, or biological 5 27 monitoring data collected under a scientifically 5 28 accepted sampling and analysis plan, including quality 5 29 control and quality assurance procedures. Credible 5 30 data shall be dated within five years before the 5 31 department's date of listing or other determination 5 32 under section 455B.194, subsection 1. 5 33 NEW SUBSECTION. 14A. "Historical data" means data 5 34 collected more than five years before the department's 5 35 date of listing or other determination under section 5 36 455B.194, subsection 1. 5 37 NEW SUBSECTION. 19A. "Naturally occurring 5 38 condition" means any condition affecting water quality 5 39 which is not caused by human influence on the 5 40 environment including, but not limited to, soils, 5 41 geology, hydrology, climate, wildlife influence on the 5 42 environment, and water flow with specific 5 43 consideration given to seasonal and other natural 5 44 variations. 5 45 NEW SUBSECTION. 31A. "Section 303(d) list" means 5 46 any list required under 33 U.S.C. } 1313(d). 5 47 NEW SUBSECTION. 31B. "Section 305(b) list" means 5 48 any report or list required under 33 U.S.C. } 1315(b). 5 49 NEW SUBSECTION. 39A. "Total maximum daily load" 5 50 means the same as in the federal Water Pollution 6 1 Control Act. 6 2 Sec. 8. NEW SECTION. 455B.193 QUALIFICATIONS FOR 6 3 COLLECTION OF CREDIBLE DATA. 6 4 For purposes of this part, all of the following 6 5 shall apply: 6 6 1. Data is not credible data unless the data 6 7 originates from studies and samples collected by the 6 8 department, a professional designee of the department, 6 9 or a qualified volunteer. For purposes of this 6 10 subsection, "professional designee" includes 6 11 governmental agencies other than the department, and a 6 12 person hired by, or under contract for compensation 6 13 with, the department to collect or study data. 6 14 2. All information submitted by a qualified 6 15 volunteer shall be reviewed by the department. The 6 16 qualified volunteer shall submit a plan with data 6 17 which includes information used to obtain the data, 6 18 the sampling and analysis plan, and quality control 6 19 and quality assurance procedures used in the 6 20 monitoring process. The qualified volunteer must 6 21 provide proof to the department that the water 6 22 monitoring plan was followed. The department shall 6 23 review all data collected by a qualified volunteer, 6 24 verify the accuracy of the data collected by a 6 25 qualified volunteer, and determine that all components 6 26 of the water monitoring plan were followed. 6 27 3. The department shall adopt rules establishing 6 28 requirements for a person to become a qualified 6 29 volunteer. 6 30 The department of natural resources shall develop a 6 31 methodology for water quality assessments as used in 6 32 the section 303(d) listings and assess the validity of 6 33 the data. 6 34 Sec. 9. NEW SECTION. 455B.194 CREDIBLE DATA 6 35 REQUIRED. 6 36 1. The department shall use credible data to a 6 37 reasonable certainty when doing any of the following: 6 38 a. Developing and reviewing any water quality 6 39 standard. 6 40 b. Developing any statewide water quality 6 41 inventory or other water assessment report except that 6 42 credible data shall not be required for any section 6 43 305(b) list. 6 44 c. Determining whether any water of the state is 6 45 impaired. 6 46 d. Determining whether any water of the state is 6 47 to be placed on any section 303(d) list. 6 48 e. Determining whether any water of the state 6 49 shall be removed from any section 303(d) list. 6 50 f. Determining whether any water of the state is 7 1 supporting its designated use or other classification. 7 2 g. Determining any degradation of a water of the 7 3 state under 40 C.F.R. } 131.12. 7 4 h. Establishing a total maximum daily load for any 7 5 water of the state. 7 6 2. Notwithstanding subsection 1, credible data 7 7 shall not be required for any section 305(b) report 7 8 and credible data shall not be required for the 7 9 establishment of a designated use or other 7 10 classification of a water of the state. 7 11 3. The use of credible data shall be consistent 7 12 with the requirements of the federal Water Pollution 7 13 Control Act, 33 U.S.C. } 1251 et seq. 7 14 4. The department shall retain all information 7 15 submitted by a qualified volunteer including the 7 16 identity of the qualified volunteer submitting the 7 17 information, for a period of not less than ten years 7 18 from the date of receipt by the department. All 7 19 information submitted shall be a public record. 7 20 Sec. 10. NEW SECTION. 455B.195 USE OR ANALYSIS 7 21 OF CREDIBLE DATA. 7 22 1. For any use or analysis of credible data 7 23 described in section 455B.194, subsection 1, all of 7 24 the following shall apply: 7 25 a. The data quality for removal of water of the 7 26 state from any list of impaired waters including any 7 27 section 303(d) list shall be the same as the data 7 28 quality for adding a water to that list. 7 29 Notwithstanding section 455B.194, subsection 1, for a 7 30 water of the state placed on any section 303(d) list, 7 31 credible data on the water of the state must be 7 32 obtained in order for the water of the state to remain 7 33 on the list for the next listing cycle. 7 34 b. A water of the state shall not be placed on any 7 35 section 303(d) list if pollutant loads from a 7 36 naturally occurring condition alone is sufficient to 7 37 cause an applicable surface water quality standard to 7 38 be exceeded. 7 39 c. A water of the state shall not be placed on any 7 40 section 303(d) list if the impairment is caused solely 7 41 by violations of national pollutant discharge 7 42 elimination system program permits and the enforcement 7 43 of the pollution control measures is required. 7 44 d. A water of the state shall not be placed on any 7 45 section 303(d) list if the data shows an impairment, 7 46 but technology-based effluent limits or other required 7 47 pollution control measures are adequate to achieve 7 48 applicable water quality standards. 7 49 e. If a pollutant causing an impairment is 7 50 unknown, the water of the state may be placed on a 8 1 section 303(d) list. However, the department shall 8 2 continue to monitor the water of the state to 8 3 determine the cause of impairment before a total 8 4 maximum daily load is established for the water of the 8 5 state and a water of the state listed with an unknown 8 6 status shall retain a low priority for a total maximum 8 7 daily load development until the cause of the 8 8 impairment is determined. 8 9 f. When evaluating the waters of the state, the 8 10 department shall develop and maintain three separate 8 11 listings including a section 303(b) list, a section 8 12 305(d) list, and a listing for which further 8 13 monitoring is necessary. The section 305(b) list 8 14 shall be a cumulative listing of all potential 8 15 impairments for which credible data is not required. 8 16 If credible data is not required for a section 305(b) 8 17 list, the placement of a water of the state on any 8 18 section 305(b) list alone is not sufficient evidence 8 19 for the water of the state's placement on any section 8 20 303(d) list. A listing for which further monitoring 8 21 is necessary shall include waters of the state where 8 22 some data suggests an impairment, but which requires 8 23 further investigation to meet the definition of 8 24 credible data. 8 25 g. A water of the state shall not be placed on any 8 26 section 303(d) list unless data quality objectives, as 8 27 specified in the appropriate quality assurance plan, 8 28 are met. Data quality objectives mean the qualitative 8 29 and quantitative statements derived from the data 8 30 quality objective process that clarify a study's 8 31 technical and quality objectives, define the 8 32 appropriate type of data, and specify tolerable levels 8 33 of potential decision errors that will be used as the 8 34 basis for establishing the quality and quantity of 8 35 data needed to support decisions. 8 36 h. The department shall take into consideration 8 37 any naturally occurring condition when establishing or 8 38 allocating responsibility for a total maximum daily 8 39 load. 8 40 i. Numerical standards shall have a preference 8 41 over narrative standards. If the department has 8 42 adopted a rule establishing a numerical criterion for 8 43 a particular pollutant, a narrative criterion shall 8 44 not be the basis for determining an impairment in 8 45 connection with that pollutant unless the department 8 46 identifies specific factors as to why the numerical 8 47 criterion is not adequate to protect water quality. 8 48 j. If the department has obtained credible data 8 49 for a water of the state, the department may also use 8 50 historical data for that particular water of the state 9 1 for the purpose of determining whether any trends 9 2 exist for that water of the state. 9 3 2. This section shall not be construed to require 9 4 or authorize the department to perform any act listed 9 5 in section 455B.194, subsection 1, not otherwise 9 6 required or authorized by applicable law. 9 7 Sec. 11. APPLICABILITY OF SECTION 303(d) LISTS. 9 8 This Act takes effect July 1, 2000. However, any 9 9 requirements under this Act which apply to a section 9 10 303(d) list shall not apply for the section 303(d) 9 11 list for the year 2000, but any requirements shall 9 12 take effect for all section 303(d) lists created after 9 13 the year 2000 list." 9 14 9 15 9 16 9 17 MERLIN E. BARTZ 9 18 E. THURMAN GASKILL 9 19 JOHN P. KIBBIE 9 20 JOE BOLKCOM 9 21 BILL FINK 9 22 STEVE KING 9 23 SF 2371.201 78 9 24 tj/gg
Text: S05070 Text: S05072 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 8 03:35:50 CST 2000
URL: /DOCS/GA/78GA/Legislation/S/05000/S05071/000307.html
jhf