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
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