Text: S05070                            Text: S05072
Text: S05000 - S05099                   Text: S Index
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Senate Amendment 5071

Amendment Text

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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