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Senate File 2430

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2430     
  1  2                                 
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS INVOLVING STATE GOVERN-
  1  5    MENT, INCLUDING PROVISIONS AFFECTING AGRICULTURE AND NATURAL
  1  6    RESOURCES AND PROVIDING EFFECTIVE DATES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                           DIVISION I
  1 11         DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
  1 12    Section 1.  GENERAL DEPARTMENT APPROPRIATION.  There is
  1 13 appropriated from the general fund of the state to the
  1 14 department of agriculture and land stewardship for the fiscal
  1 15 year beginning July 1, 2000, and ending June 30, 2001, the
  1 16 following amounts, or so much thereof as is necessary, to be
  1 17 used for the purposes designated:
  1 18    1.  ADMINISTRATIVE DIVISION
  1 19    a.  For salaries, support, maintenance, the support of the
  1 20 state 4-H foundation, support of the statistics bureau, and
  1 21 miscellaneous purposes, and for the salaries and support of
  1 22 not more than the following full-time equivalent positions:  
  1 23 .................................................. $  2,301,660
  1 24 ............................................... FTEs      47.88
  1 25    (1)  Of the amount appropriated and full-time equivalent
  1 26 positions authorized in this paragraph "a", $282,975 and 6.00
  1 27 FTEs shall be used to support horticulture.
  1 28    (2)  Of the amount appropriated in this paragraph "a",
  1 29 $55,000 shall be allocated to the state 4-H foundation to
  1 30 foster the development of Iowa's youth and to encourage them
  1 31 to study the subject of agriculture.
  1 32    (3)  Of the amount appropriated and full-time equivalent
  1 33 positions authorized in this paragraph "a", $227,489 and 7.00
  1 34 FTEs shall be allocated to the statistics bureau to provide
  1 35 county-by-county information on land in farms, production by
  2  1 crop, acres by crop, and county prices by crop.  This
  2  2 information shall be made available to the department of
  2  3 revenue and finance for use in the productivity formula for
  2  4 valuing and equalizing the values of agricultural land.
  2  5    (4)  Of the amount appropriated in this paragraph "a",
  2  6 $12,000 shall be used by the agricultural statistics bureau
  2  7 for purposes of collecting, summarizing, and publishing
  2  8 marketing information on a monthly basis, regarding finished
  2  9 cattle in cooperation with the Iowa cattlemen's association,
  2 10 including unfinished cattle for market, cattle placed on feed,
  2 11 and cattle on hand under marketing arrangements.
  2 12    (5)  Of the amount appropriated in this paragraph "a",
  2 13 $24,000 shall be used by the domestic marketing bureau through
  2 14 an existing federal and state cooperative agreement to develop
  2 15 accurate, reliable market information regarding segregated
  2 16 early-weaned pigs and alternate feeder pigs marketing systems.
  2 17    (6)  Of the amount appropriated and the number of full-time
  2 18 equivalent positions authorized in this paragraph "a", at
  2 19 least $61,500 shall be used for livestock market news
  2 20 reporting.
  2 21    (7)  Of the amount appropriated in this paragraph "a",
  2 22 $24,939 shall be used to support 1.00 FTE on contract basis
  2 23 for six part-time staff to perform functions related to
  2 24 livestock market news reporting.
  2 25    (8)  Of the amount appropriated in this paragraph "a",
  2 26 $22,883 shall be used to support 1.00 FTE to operate the
  2 27 switchboard and perform receptionist duties for the
  2 28 department.
  2 29    b.  For deposit in the international relations fund created
  2 30 in section 159.21 of this Act to carry out the purposes of
  2 31 that fund:  
  2 32 .................................................. $     20,151
  2 33    c.  For the purpose of performing commercial feed audits:  
  2 34 .................................................. $     70,774
  2 35    d.  For the purpose of performing fertilizer audits:  
  3  1 .................................................. $     70,775
  3  2    2.  REGULATORY DIVISION
  3  3    a.  For salaries, support, maintenance, and miscellaneous
  3  4 purposes, and for not more than the following full-time
  3  5 equivalent positions:  
  3  6 .................................................. $  4,454,450
  3  7 ............................................... FTEs     126.00
  3  8    (1)  Of the amount appropriated in this paragraph "a",
  3  9 $10,000 shall be used by the regulatory division for purposes
  3 10 of inspecting livestock exhibited at the Iowa state fair, with
  3 11 particular attention to the inspection of livestock for club-
  3 12 lamb fungus.
  3 13    (2)  If Senate File 2312 or House File 2490 is not enacted
  3 14 by the Seventy-eighth General Assembly, 2000 Session, the
  3 15 amount appropriated from the general fund pursuant to this
  3 16 paragraph "a" shall be decreased by $200,000 and the number of
  3 17 full-time equivalent positions authorized pursuant to this
  3 18 paragraph "a" shall be decreased by 4.00 FTEs.
  3 19    b.  For the costs of inspection, sampling, analysis, and
  3 20 other expenses necessary for the administration of chapters
  3 21 192 and 194:  
  3 22 .................................................. $    708,859
  3 23    3.  LABORATORY DIVISION
  3 24    a.  For salaries, support, maintenance, and miscellaneous
  3 25 purposes, including the administration of the gypsy moth
  3 26 program, and for not more than the following full-time
  3 27 equivalent positions:  
  3 28 .................................................. $    951,666
  3 29 ............................................... FTEs      82.00
  3 30    (1)  Of the amount appropriated and the number of full-time
  3 31 equivalent positions authorized in this paragraph "a",
  3 32 $150,000 shall be allocated and 4.93 FTEs shall be supported
  3 33 from the allocation to administer a program relating to the
  3 34 detection, surveillance, and eradication of the gypsy moth.
  3 35 The department shall use the allocation made in this
  4  1 subparagraph before other moneys appropriated under this
  4  2 paragraph "a".
  4  3    (2)  If Senate File 466 is enacted by the Seventy-eighth
  4  4 General Assembly, 2000 Session, the number of full-time
  4  5 equivalent positions authorized pursuant to this paragraph "a"
  4  6 shall be increased by 2.00 FTEs.
  4  7    b.  For the operations of the commercial feed programs:  
  4  8 .................................................. $    785,637
  4  9    c.  For the operations of the pesticide programs:  
  4 10 .................................................. $  1,285,638
  4 11    (1)  Of the amount appropriated in this paragraph "c",
  4 12 $200,000 shall be allocated to Iowa state university of
  4 13 science and technology for purposes of training commercial
  4 14 pesticide applicators.
  4 15    (2)  Of the amount appropriated in this paragraph "c",
  4 16 $13,247 shall be used to support 1.00 FTE in a temporary
  4 17 employment position to assist with the administration of
  4 18 pesticide certification examinations.
  4 19    d.  For the operations of the fertilizer programs:  
  4 20 .................................................. $    679,406
  4 21    4.  SOIL CONSERVATION DIVISION
  4 22    a.  For salaries, support, maintenance, assistance to soil
  4 23 conservation districts, and miscellaneous purposes, and for
  4 24 not more than the following full-time equivalent positions:  
  4 25 .................................................. $  6,985,526
  4 26 ............................................... FTEs     195.11
  4 27    (1)  Of the amount appropriated in this paragraph "a",
  4 28 $418,376 shall be used to reimburse commissioners of soil and
  4 29 water conservation districts for administrative expenses,
  4 30 including, but not limited to, travel expenses and technical
  4 31 training.  Moneys used for the payment of meeting dues by
  4 32 counties shall be matched on a dollar-for-dollar basis by the
  4 33 soil conservation division.
  4 34    (2)  Of the number of full-time equivalent positions
  4 35 authorized in this paragraph "a", 20.00 FTEs shall be
  5  1 supported from allocations made pursuant to } 319 of the
  5  2 federal Water Quality Act of 1987, as codified in 33 U.S.C. }
  5  3 1329, and from appropriations to the department from the Iowa
  5  4 resources enhancement and protection fund.
  5  5    (3)  Of the number of full-time equivalent positions
  5  6 authorized pursuant to this paragraph "a", 2.00 FTEs shall be
  5  7 used to support the conservation reserve enhancement program.
  5  8    b.  To provide financial incentives for soil conservation
  5  9 practices under chapter 161A:  
  5 10 .................................................. $  5,500,850
  5 11    c.  The following requirements apply to the moneys
  5 12 appropriated in paragraph "b":
  5 13    (1)  Not more than 5 percent of the moneys appropriated in
  5 14 paragraph "b" may be allocated by the department for cost-
  5 15 sharing to abate complaints filed under section 161A.47.
  5 16    (2)  Of the moneys appropriated in paragraph "b", 5 percent
  5 17 shall be allocated for financial incentives to establish
  5 18 practices to protect watersheds above publicly owned lakes of
  5 19 the state from soil erosion and sediment as provided in
  5 20 section 161A.73.
  5 21    (3)  Not more than 30 percent of a district's allocation of
  5 22 moneys as financial incentives may be provided for the purpose
  5 23 of establishing management practices to control soil erosion
  5 24 on land that is row-cropped, including but not limited to no-
  5 25 till planting, ridge-till planting, contouring, and contour
  5 26 strip-cropping as provided in section 161A.73.
  5 27    (4)  The state soil conservation committee created in
  5 28 section 161A.4 may allocate moneys appropriated in paragraph
  5 29 "b" to conduct research and demonstration projects to promote
  5 30 conservation tillage and nonpoint source pollution control
  5 31 practices.
  5 32    (5)  The financial incentive payments may be used in
  5 33 combination with department of natural resources moneys.
  5 34    d.  Notwithstanding section 8.33, moneys appropriated in
  5 35 paragraph "b" that remain unencumbered or unobligated at the
  6  1 close of the fiscal year shall not revert but shall remain
  6  2 available for expenditure for the purposes designated until
  6  3 the close of the fiscal year that begins July 1, 2003.
  6  4    Sec. 2.  FARMERS' MARKET COUPON PROGRAM.  There is
  6  5 appropriated from the general fund of the state to the
  6  6 department of agriculture and land stewardship for the fiscal
  6  7 year beginning July 1, 2000, and ending June 30, 2001, the
  6  8 following amount, or so much thereof as is necessary, to be
  6  9 used for the purposes designated:
  6 10    For salaries, support, maintenance, and miscellaneous
  6 11 purposes, to be used by the department to continue and expand
  6 12 the farmers' market coupon program by providing federal
  6 13 special supplemental food program recipients with coupons
  6 14 redeemable at farmers' markets, and for not more than the
  6 15 following full-time equivalent positions:  
  6 16 .................................................. $    301,373
  6 17 ............................................... FTEs       2.00
  6 18                           DIVISION II
  6 19                 DEPARTMENT OF NATURAL RESOURCES
  6 20                     GENERAL APPROPRIATIONS
  6 21    Sec. 3.  GENERAL DEPARTMENT APPROPRIATION.  There is
  6 22 appropriated from the general fund of the state to the
  6 23 department of natural resources for the fiscal year beginning
  6 24 July 1, 2000, and ending June 30, 2001, the following amounts,
  6 25 or so much thereof as is necessary, to be used for the
  6 26 purposes designated:
  6 27    1.  ADMINISTRATIVE AND SUPPORT SERVICES
  6 28    a.  For salaries, support, maintenance, and miscellaneous
  6 29 purposes, and for not more than the following full-time
  6 30 equivalent positions:  
  6 31 .................................................. $  2,156,396
  6 32 ............................................... FTEs     118.25
  6 33    b.  Of the amount appropriated in paragraph "a", $12,000
  6 34 shall be allocated to pay dues for membership in the upper
  6 35 Mississippi, Illinois, and Missouri river basin commission.
  7  1    c.  Of the amount appropriated and the number of full-time
  7  2 equivalent positions authorized in paragraph "a", not less
  7  3 than $34,000 and 1.00 FTE shall be used by administrative and
  7  4 support services to support the inspection and oversight of
  7  5 manure management plans associated with confinement feeding
  7  6 operations regulated by the department.
  7  7    2.  PARKS AND PRESERVES DIVISION
  7  8    For salaries, support, maintenance, and miscellaneous
  7  9 purposes, and for not more than the following full-time
  7 10 equivalent positions:  
  7 11 .................................................. $  6,316,603
  7 12 ............................................... FTEs     195.73
  7 13    Of the amount appropriated in this subsection 2, at least
  7 14 $50,000 shall be allocated for the replacement of maintenance
  7 15 equipment used by the division.
  7 16    3.  FORESTS AND FORESTRY DIVISION
  7 17    For salaries, support, maintenance, miscellaneous purposes,
  7 18 and for not more than the following full-time equivalent
  7 19 positions:  
  7 20 .................................................. $  1,764,696
  7 21 ............................................... FTEs      53.71
  7 22    4.  ENERGY AND GEOLOGICAL RESOURCES DIVISION
  7 23    a.  For salaries, support, maintenance, and miscellaneous
  7 24 purposes, and for not more than the following full-time
  7 25 equivalent positions:  
  7 26 .................................................. $  1,963,515
  7 27 ............................................... FTEs      59.00
  7 28    b.  Of the amount appropriated and the number of full-time
  7 29 equivalent positions authorized in paragraph "a", not less
  7 30 than $76,000 and 2.00 FTEs shall be used by the energy and
  7 31 geological resources division to review soil and hydrology
  7 32 data for construction permits and manure management plans
  7 33 associated with confinement feeding operations regulated by
  7 34 the department.
  7 35    5.  ENVIRONMENTAL PROTECTION DIVISION
  8  1    a.  For salaries, support, maintenance, miscellaneous
  8  2 purposes, and for not more than the following full-time
  8  3 equivalent positions:  
  8  4 .................................................. $  5,053,110
  8  5 ............................................... FTEs     246.50
  8  6    b.  Of the amount appropriated in paragraph "a", at least
  8  7 $1,350,000 shall be used by the department to carry out the
  8  8 provisions of the federal Clean Air Act, including amendments
  8  9 to the Act, and regulations adopted pursuant to the Act by the
  8 10 United States environmental protection agency; and to study
  8 11 the merits and advisability of the air quality bureau
  8 12 assisting Iowa industry in implementing the enlibre air
  8 13 quality model.
  8 14    c.  Of the amount appropriated and the number of full-time
  8 15 equivalent positions authorized in paragraph "a", at least
  8 16 $424,600 and 9.00 FTEs shall be primarily used to support the
  8 17 regulation of animal feeding operations.
  8 18    d.  Of the amount appropriated and the number of full-time
  8 19 equivalent positions authorized in paragraph "a", at least
  8 20 $370,000 and 9.00 FTEs shall be used to support on-site
  8 21 inspections and the oversight of manure management plans
  8 22 associated with confinement feeding operations regulated by
  8 23 the department.  It is the intent of the general assembly that
  8 24 3.00 FTEs and moneys used to support those full-time
  8 25 equivalent positions not be available after June 30, 2002.
  8 26    e.  Of the amount appropriated in paragraph "a", $105,564
  8 27 shall be used to contract with persons to process manure
  8 28 management plans as required by the department.
  8 29    f.  Of the amount appropriated and the number of full-time
  8 30 equivalent positions authorized in paragraph "a", at least
  8 31 $700,467 and 10.00 FTEs shall be used to support the
  8 32 regulation of wastewater treatment systems, including issuing
  8 33 permits and conducting inspections.
  8 34    6.  WATER QUALITY PROTECTION FUND
  8 35    a.  For deposit in the administration account of the water
  9  1 quality protection fund administered by the department, to
  9  2 carry out the purpose of that account:  
  9  3 .................................................. $    729,000
  9  4    b.  Of the number of full-time equivalent positions
  9  5 authorized for the environmental protection division in
  9  6 subsection 5, paragraph "a", 32.50 FTEs shall be dedicated to
  9  7 carrying out relevant Code provisions relating to the
  9  8 administration, regulation, and enforcement of the federal
  9  9 Safe Drinking Water Act and to support the program to assist
  9 10 water supply systems.  However, the limitation on full-time
  9 11 equivalent positions provided in subsection 5, paragraph "a",
  9 12 shall not limit the number of additional full-time equivalent
  9 13 positions supported by moneys deposited in the water quality
  9 14 protection fund in order to carry out Code provisions relating
  9 15 to the administration, regulation, and enforcement of the
  9 16 federal Safe Drinking Water Act, and the administration of the
  9 17 program to assist water supply systems.
  9 18    c.  In providing assistance to water supply systems, the
  9 19 department shall give priority to water supply systems serving
  9 20 a population of 7,000 or less.  At least 2.00 FTEs shall be
  9 21 allocated by the department to provide assistance to systems
  9 22 serving a population of 7,000 or less.
  9 23    7.  FISH AND WILDLIFE DIVISION
  9 24    For not more than the following full-time equivalent
  9 25 positions:  
  9 26 ............................................... FTEs     354.18
  9 27    a.  Of the number of full-time equivalent positions
  9 28 authorized in this subsection, not more than 2.00 FTEs shall
  9 29 be filled by full-time, year-round employees with fringe
  9 30 benefits.  Not more than 5.00 FTEs shall be filled by part-
  9 31 time employees who do not receive fringe benefits.  The full-
  9 32 time equivalent positions shall be dedicated to carrying out
  9 33 conservation buffer initiatives which shall include buffer
  9 34 strip sign-ups, shelter belts, the restoration of wetlands,
  9 35 and the development of private landowners natural resource
 10  1 protection plans.
 10  2    b.  Of the number of full-time equivalent positions
 10  3 authorized in this subsection, at least 3.00 FTEs shall be
 10  4 dedicated to supporting prairie seed harvest initiatives.
 10  5    8.  WASTE MANAGEMENT ASSISTANCE DIVISION
 10  6    For not more than the following full-time equivalent
 10  7 positions:  
 10  8 ............................................... FTEs      17.75
 10  9    Sec. 4.  STATE FISH AND GAME PROTECTION FUND –
 10 10 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE.
 10 11    1.  a.  There is appropriated from the state fish and game
 10 12 protection fund to the division of fish and wildlife of the
 10 13 department of natural resources for the fiscal year beginning
 10 14 July 1, 2000, and ending June 30, 2001, the following amount,
 10 15 or so much thereof as is necessary, to be used for the
 10 16 purposes designated:
 10 17    For administrative support, and for salaries, support,
 10 18 maintenance, equipment, and miscellaneous purposes:  
 10 19 .................................................. $ 25,429,883
 10 20    b.  Of the amount appropriated in paragraph "a", $250,000
 10 21 may be used for purposes of providing compensation to
 10 22 conservation peace officers employed in a protection
 10 23 occupation who retire, pursuant to section 97B.49B.
 10 24    c.  Of the amount appropriated in paragraph "a", $700,000
 10 25 shall be used for conservation buffer initiatives which shall
 10 26 include buffer strip sign-ups, shelter belts, the restoration
 10 27 of wetlands, and the development of private landowners natural
 10 28 resource protection plans.  In carrying out conservation
 10 29 buffer initiatives, the department shall collaborate with the
 10 30 department of agriculture and land stewardship.
 10 31    d.  Of the amount appropriated in paragraph "a", $600,000
 10 32 shall be used to support prairie seed harvest initiatives.
 10 33    2.  The department shall not expend more moneys from the
 10 34 fish and game protection fund than provided in this section,
 10 35 unless the expenditure derives from contributions made by a
 11  1 private entity, or a grant or moneys received from the federal
 11  2 government, and is approved by the natural resource
 11  3 commission.  The department of natural resources shall
 11  4 promptly notify the legislative fiscal bureau and the
 11  5 chairpersons and ranking members of the joint appropriations
 11  6 subcommittee on agriculture and natural resources concerning
 11  7 the commission's approval.  
 11  8                            TRANSFERS
 11  9    Sec. 5.  SNOWMOBILE FEES – TRANSFER FOR ENFORCEMENT
 11 10 PURPOSES.  There is transferred on July 1, 2000, from the fees
 11 11 deposited under section 321G.7 to the fish and game protection
 11 12 fund and appropriated to the department of natural resources
 11 13 for the fiscal year beginning July 1, 2000, and ending June
 11 14 30, 2001, the following amount, or so much thereof as is
 11 15 necessary, to be used for the purpose designated:
 11 16    For enforcing snowmobile laws as part of the state
 11 17 snowmobile program administered by the department of natural
 11 18 resources:  
 11 19 .................................................. $    100,000
 11 20    Sec. 6.  VESSEL FEES – TRANSFER FOR ENFORCEMENT PURPOSES.
 11 21 There is transferred on July 1, 2000, from the fees deposited
 11 22 under section 462A.52 to the fish and game protection fund and
 11 23 appropriated to the natural resource commission for the fiscal
 11 24 year beginning July 1, 2000, and ending June 30, 2001, the
 11 25 following amount, or so much thereof as is necessary, to be
 11 26 used for the purpose designated:
 11 27    For the administration and enforcement of navigation laws
 11 28 and water safety:  
 11 29 .................................................. $  1,400,000
 11 30    1.  Of the amount appropriated in this section and the
 11 31 full-time equivalent positions authorized in this Act for the
 11 32 fish and wildlife division, not more than $100,000 and 1.00
 11 33 FTE may be used for purposes of controlling and eradicating
 11 34 eurasian milfoil.
 11 35    2.  Notwithstanding section 8.33, moneys transferred and
 12  1 appropriated in this section that remain unencumbered or
 12  2 unobligated at the close of the fiscal year shall not revert
 12  3 to the credit of the fish and game protection fund but shall
 12  4 be credited to the special conservation fund established by
 12  5 section 462A.52 to be used as provided in that section.  
 12  6                        SICK LEAVE PAYOUT
 12  7    Sec. 7.  DEPARTMENT OF NATURAL RESOURCES – GENERAL FUND
 12  8 SICK LEAVE PAYOUT.  There is appropriated from the general
 12  9 fund of the state to the department of natural resources for
 12 10 the fiscal year beginning July 1, 1999, and ending June 30,
 12 11 2000, the following amount, or so much thereof as is
 12 12 necessary, to be used for the purpose designated:
 12 13    For the value of sick leave payout that needs to be paid
 12 14 out due to retirement of personnel in the parks and preserves
 12 15 division:  
 12 16 .................................................. $    200,000
 12 17                     SPECIAL APPROPRIATIONS
 12 18    Sec. 8.  MARINE FUEL TAX RECEIPTS – BOATING FACILITIES.
 12 19 There is appropriated from the marine fuel tax receipts
 12 20 deposited in the general fund of the state to the department
 12 21 of natural resources for the fiscal year beginning July 1,
 12 22 2000, and ending June 30, 2001, the following amount, or so
 12 23 much thereof as is necessary, to be used for the purposes
 12 24 designated:
 12 25    For purposes of maintaining and developing boating
 12 26 facilities and access to public waters by the parks and
 12 27 preserves division:  
 12 28 .................................................. $    411,311
 12 29    Sec. 9.  REVENUE ADMINISTERED BY THE IOWA COMPREHENSIVE
 12 30 UNDERGROUND STORAGE TANK FUND BOARD.  There is appropriated
 12 31 from the unassigned revenue fund administered by the Iowa
 12 32 comprehensive underground storage tank fund board, to the
 12 33 department of natural resources for the fiscal year beginning
 12 34 July 1, 2000, and ending June 30, 2001, the following amount,
 12 35 or so much thereof as is necessary, to be used for the purpose
 13  1 designated:
 13  2    For administration expenses of the underground storage tank
 13  3 section of the department of natural resources:  
 13  4 .................................................. $     75,000
 13  5    Sec. 10.  ORGANIC NUTRIENT MANAGEMENT FUND – AGRICHEMICAL
 13  6 REMEDIATION.  Notwithstanding section 161C.5, the unencumbered
 13  7 and unobligated balance of the organic nutrient management
 13  8 fund, as of July 1, 2000, is appropriated to the department of
 13  9 agriculture and land stewardship for deposit by the department
 13 10 into the agrichemical remediation fund established in chapter
 13 11 161, if enacted in 2000 Iowa Acts, Senate File 466.
 13 12    Sec. 11.  FLOODPLAIN PERMIT BACKLOG.  Notwithstanding any
 13 13 provision of state law, for the fiscal year beginning July 1,
 13 14 2000, and ending June 30, 2001, the department of natural
 13 15 resources may use additional funds available to the department
 13 16 from stormwater discharge permit fees for the staffing of the
 13 17 following additional full-time staff members to reduce the
 13 18 department's floodplain permit backlog:  
 13 19 ............................................... FTEs       2.00
 13 20    Sec. 12.  IMPLEMENTATION OF THE FEDERAL TOTAL MAXIMUM DAILY
 13 21 LOAD PROGRAM.  Notwithstanding any contrary provision of state
 13 22 law, for the fiscal year beginning July 1, 2000, and ending
 13 23 June 30, 2001, the department of natural resources may use
 13 24 additional funds available to the department from stormwater
 13 25 discharge permit fees, for the staffing of the following
 13 26 additional full-time equivalent positions for implementation
 13 27 of the federal total maximum daily load program:  
 13 28 ............................................... FTEs       2.00
 13 29                          DIVISION III
 13 30                     RELATED APPROPRIATIONS
 13 31                   ANIMAL HEALTH AND INDUSTRY
 13 32    Sec. 13.  HORSE AND DOG RACING.  There is appropriated from
 13 33 the moneys available under section 99D.13 to the regulatory
 13 34 division of the department of agriculture and land stewardship
 13 35 for the fiscal year beginning July 1, 2000, and ending June
 14  1 30, 2001, the following amount, or so much thereof as is
 14  2 necessary, to be used for the purposes designated:
 14  3    For salaries, support, maintenance, and miscellaneous
 14  4 purposes for the administration of section 99D.22:  
 14  5 .................................................. $    271,307
 14  6    Sec. 14.  PSEUDORABIES ERADICATION PROGRAM.
 14  7    1.  There is appropriated from the general fund of the
 14  8 state to the department of agriculture and land stewardship
 14  9 for the fiscal year beginning July 1, 2000, and ending June
 14 10 30, 2001, the following amount, or so much thereof as is
 14 11 necessary, to be used for the purpose designated:
 14 12    For support of the pseudorabies eradication program:  
 14 13 .................................................. $    900,700
 14 14    2.  Persons, including organizations interested in swine
 14 15 production in this state and in the promotion of Iowa pork
 14 16 products who contribute support to the program, are encouraged
 14 17 to increase financial support for purposes of ensuring the
 14 18 program's effective continuation.
 14 19    Sec. 15.  JOHNE'S DISEASE.  There is appropriated from the
 14 20 general fund of the state to the livestock disease research
 14 21 fund created in section 267.8 for the fiscal year beginning
 14 22 July 1, 2000, and ending June 30, 2001, the following amount,
 14 23 or so much thereof as is necessary, to be used for the purpose
 14 24 designated:
 14 25    For the purpose of supporting research and to evaluate
 14 26 procedures and tests by Iowa state university of science and
 14 27 technology to accurately diagnose Johne's disease:  
 14 28 .................................................. $    100,000
 14 29    1.  Notwithstanding section 8.33, moneys appropriated in
 14 30 this section that remain unencumbered or unobligated at the
 14 31 close of the fiscal year shall not revert to the general fund
 14 32 of the state but shall remain available for expenditure for
 14 33 the purpose designated in this section until the close of the
 14 34 fiscal year that begins July 1, 2002.
 14 35    2.  Moneys appropriated in this section shall only be used
 15  1 as provided in this section.  No portion of the appropriation
 15  2 shall be used to support administrative costs incurred by Iowa
 15  3 state university of science and technology or the livestock
 15  4 health advisory council.
 15  5    3.  Moneys appropriated in this section shall be expended
 15  6 in accordance with the direction of the livestock health
 15  7 advisory council established pursuant to section 267.2.  
 15  8                      OTHER APPROPRIATIONS
 15  9    Sec. 16.  REGENTS – COOPERATIVE EXTENSION.  There is
 15 10 appropriated from the general fund of the state to the state
 15 11 board of regents for the fiscal year beginning July 1, 1999,
 15 12 and ending June 30, 2000, the following amount, or so much
 15 13 thereof as may be necessary, to be used for the purpose
 15 14 designated:
 15 15    To Iowa state university of science and technology,
 15 16 cooperative extension service in agriculture and home
 15 17 economics, to support the Iowa concern hotline in providing
 15 18 stress counseling, information, and referral to farm families
 15 19 facing financial distress:  
 15 20 .................................................. $    150,000
 15 21    Notwithstanding section 8.33, moneys appropriated in this
 15 22 section which remain unobligated or unexpended at the close of
 15 23 the fiscal year shall not revert but shall remain available to
 15 24 be used for the purposes designated in the succeeding fiscal
 15 25 year.
 15 26    Sec. 17.  STATE FIRE MARSHAL'S OFFICE.  In addition to any
 15 27 allocation of full-time equivalent positions authorized by the
 15 28 Seventy-eighth General Assembly during the 2000 Session for
 15 29 the state fire marshal's office, for the fiscal year beginning
 15 30 July 1, 2000, and ending June 30, 2001, 1.00 additional FTE
 15 31 position is authorized for the office for inspections of
 15 32 aboveground petroleum storage tanks.  
 15 33                           DIVISION IV
 15 34                          MISCELLANEOUS
 15 35    Sec. 18.  PILOT PROJECT FOR REFUND OF APPLICATION FEES BY
 16  1 THE DEPARTMENT OF NATURAL RESOURCES.
 16  2    1.  The department of natural resources may establish a
 16  3 pilot project for the refund of all or a portion of fees
 16  4 required to be paid to the department for issuing a stormwater
 16  5 discharge permit pursuant to section 455B.103A, if the
 16  6 department fails to issue the permit in a manner and within a
 16  7 period of time customary for issuing such permits.  However,
 16  8 the department is not required to refund any amount of a fee
 16  9 if the failure to issue the permit is primarily caused by the
 16 10 applicant, including the applicant's failure to comply with
 16 11 legal requirements, furnish a completed application or
 16 12 document, or cooperate with the department as required of
 16 13 applicants by the department.
 16 14    2.  The department of natural resources shall adopt rules
 16 15 as necessary in order to establish and administer this
 16 16 section.
 16 17    3.  The department may consider a decision not to issue a
 16 18 refund under this section as a final agency action which is
 16 19 not subject to a contested case proceeding or further agency
 16 20 review under chapter 17A.
 16 21    Sec. 19.  1999 Iowa Acts, chapter 204, section 15,
 16 22 subsection 4, paragraph a, is amended by striking the
 16 23 paragraph.
 16 24    Sec. 20.  1999 Iowa Acts, chapter 206, section 3,
 16 25 subsection 6, paragraph d, is amended to read as follows:
 16 26    d.  Of the amount appropriated in paragraph "a", $300,000
 16 27 shall be allocated to the department of natural resources for
 16 28 purposes of conducting a study of groundwater and surface
 16 29 water contamination in this state originating from municipal
 16 30 lagoons.  The department shall not collect any fee for
 16 31 administering moneys appropriated in this section.  The
 16 32 department shall submit interim reports to the general
 16 33 assembly on January 10 8, 2000 2001, and January 8 14, 2001
 16 34 2002.  The department shall submit a final report to the
 16 35 general assembly regarding the results of its study not later
 17  1 than January 14 13, 2002 2003.  Unobligated and unencumbered
 17  2 moneys from this allocation remaining on June 30, 2001, shall
 17  3 revert to the water quality protection fund.
 17  4    Sec. 21.  NEW SECTION.  8.39A  TRANSFER OF MONEYS OR
 17  5 POSITIONS – CHANGES IN TABLES OF ORGANIZATION –
 17  6 NOTIFICATION.
 17  7    In addition to the requirements of section 8.39, in each
 17  8 fiscal quarter, the department of agriculture and land
 17  9 stewardship and the department of natural resources shall
 17 10 notify the chairpersons, vice chairpersons, and ranking
 17 11 members of the joint appropriations subcommittee on
 17 12 agriculture and natural resources for the previous fiscal
 17 13 quarter of any transfer of moneys or full-time equivalent
 17 14 positions made by either department which is not authorized by
 17 15 law, or any permanent position added to or deleted from either
 17 16 department's table of organization.
 17 17    Sec. 22.  Section 8.60, subsection 4, Code 1999, is amended
 17 18 by striking the subsection.
 17 19    Sec. 23.  Section 101.22, subsection 4, Code 1999, is
 17 20 amended to read as follows:
 17 21    4.  The registration notice of the owner or operator to the
 17 22 state fire marshal under subsections 1 through 3 shall be
 17 23 accompanied by a fee of ten dollars for each tank included in
 17 24 the notice.  All moneys collected shall be deposited in the
 17 25 general fund retained by the department of public safety and
 17 26 are appropriated for the use of the state fire marshal.  The
 17 27 annual renewal fee applies to all owners or operators who
 17 28 filed a registration notice with the state fire marshal
 17 29 pursuant to subsections 1 through 3.
 17 30    Sec. 24.  Section 101.24, subsection 1, unnumbered
 17 31 paragraph 1, Code 1999, is amended to read as follows:
 17 32    Inspect and investigate the facilities and records of
 17 33 owners and operators of aboveground petroleum storage tanks
 17 34 with a capacity of fifteen thousand or more gallons, as
 17 35 necessary to determine compliance with this division and the
 18  1 rules adopted pursuant to this division.  An inspection or
 18  2 investigation shall be conducted subject to subsection 4.  For
 18  3 purposes of developing a rule, maintaining an accurate
 18  4 inventory, or enforcing this division, the department may:
 18  5    Sec. 25.  NEW SECTION.  159.18  PUBLICIZING OF FARM
 18  6 PROGRAMS.
 18  7    1.  As used in this section, "farm programs" includes, but
 18  8 is not limited to, financial incentive programs established
 18  9 within the division of soil conservation of the department of
 18 10 agriculture and land stewardship as provided in section
 18 11 161A.70 and the beginning farmer loan program administered by
 18 12 the agricultural development authority as provided in section
 18 13 175.12.
 18 14    2.  The department shall publicize the availability of farm
 18 15 programs to women and minority persons.  The department shall
 18 16 disseminate the information electronically or by publishing
 18 17 printed brochures for distribution to locations and
 18 18 institutions serving farmers, including departmental offices,
 18 19 financial institutions participating in farm programs, and
 18 20 soil and water conservation district offices.
 18 21    3.  The department shall cooperate with private
 18 22 institutions and public agencies in order to carry out this
 18 23 section, including the department of economic development and
 18 24 the United States department of agriculture.
 18 25    Sec. 26.  NEW SECTION.  159.21  INTERNATIONAL RELATIONS
 18 26 FUND.
 18 27    1.  An international relations fund is created in the state
 18 28 treasury under the control of the department.  The fund is
 18 29 composed of moneys appropriated by the general assembly, and
 18 30 moneys available to and obtained or accepted by the department
 18 31 from the United States or private sources for placement in the
 18 32 fund.
 18 33    2.  Moneys in the fund are subject to an annual audit by
 18 34 the auditor of state.  The fund is subject to warrants written
 18 35 by the director of revenue and finance, drawn upon the written
 19  1 requisition of the department.
 19  2    3.  Moneys in the fund are appropriated exclusively to
 19  3 support costs incurred by the department related to promoting
 19  4 the sale of Iowa agricultural commodities and agricultural
 19  5 products to government officials and business leaders of other
 19  6 nations.  The department may use moneys in the fund to support
 19  7 travel, including international travel, for the secretary of
 19  8 agriculture or the secretary's designee, and hosting or
 19  9 attending trade missions, functions, or events.
 19 10    4.  Section 8.33 shall not apply to moneys in the fund.
 19 11 Notwithstanding section 12C.7, moneys earned as income or
 19 12 interest from the fund shall remain in the fund until expended
 19 13 as provided in this section.
 19 14    Sec. 27.  Section 214A.1, Code 1999, is amended by adding
 19 15 the following new subsections:
 19 16    NEW SUBSECTION.  2A.  "Motor vehicle fuel storage tank"
 19 17 means an aboveground or belowground container that is a
 19 18 fixture, used to keep an accumulation of motor vehicle fuel.
 19 19    NEW SUBSECTION.  2B.  "MTBE" means methyl tertiary butyl
 19 20 ether.
 19 21    NEW SUBSECTION.  4A.  "Sell" means to sell or to offer for
 19 22 sale.
 19 23    Sec. 28.  Section 214A.2, subsection 4, Code Supplement
 19 24 1999, is amended to read as follows:
 19 25    4.  Gasoline Motor vehicle fuel shall not contain methanol
 19 26 without an equal amount of cosolvent, and shall not contain
 19 27 more than five percent methanol more than trace amounts of
 19 28 MTBE, as provided in section 214A.18.
 19 29    Sec. 29.  Section 214A.16, Code 1999, is amended to read as
 19 30 follows:
 19 31    214A.16  NOTICE OF BLENDED FUEL – DECAL.
 19 32    All If motor vehicle fuel kept, offered, or exposed for
 19 33 sale, or sold at retail containing over one percent ethanol,
 19 34 methanol, or any combination of oxygenate octane enhancers
 19 35 shall be identified as "with" either "ethanol", "methanol",
 20  1 "ethanol/methanol", or similar wording on containing a
 20  2 renewable fuel is sold from a motor vehicle fuel pump, the
 20  3 pump shall have affixed a decal identifying the name of the
 20  4 renewable fuel.  All diesel fuel kept, offered, or exposed for
 20  5 sale, or sold at retail containing over one percent soybean
 20  6 oil by volume shall be identified as "with soydiesel" or
 20  7 similar wording on a decal.  The decal may be different based
 20  8 on the type of renewable fuel used.  The design and location
 20  9 of the decals decal shall be prescribed by rules adopted by
 20 10 the department.  The department shall adopt the rules to be
 20 11 effective by January 1, 1995.  A decal identifying a renewable
 20 12 fuel shall be consistent with standards adopted pursuant to
 20 13 section 159A.6.  Until the department establishes standards
 20 14 for decals, the wording shall be on a white adhesive decal
 20 15 with black letters at least one-half inch high and at least
 20 16 one-quarter inch wide placed between thirty and forty inches
 20 17 above the driveway level on the front sides of any container
 20 18 or pump from which the motor fuel is sold.  The department may
 20 19 approve an application to place a decal in a special location
 20 20 on a pump or container or use a decal with special lettering
 20 21 or colors, if the decal appears clear and conspicuous to the
 20 22 consumer.  The application shall be made in writing pursuant
 20 23 to procedures adopted by the department.  Designs for a decal
 20 24 identifying a renewable fuel shall be consistent with
 20 25 standards adopted pursuant to section 159A.6.
 20 26    Sec. 30.  NEW SECTION.  214A.18  MTBE PROHIBITION.
 20 27    1.  A person shall not do any of the following:
 20 28    a.  Sell motor vehicle fuel containing more than trace
 20 29 amounts of MTBE in this state.
 20 30    b.  Store motor vehicle fuel containing more than trace
 20 31 amounts of MTBE in a motor vehicle fuel storage tank located
 20 32 in this state.
 20 33    2.  As used in this section, "trace amounts" means not more
 20 34 than one-half of one percent by volume.  
 20 35                           DIVISION V
 21  1                         EFFECTIVE DATE
 21  2    Sec. 31.  EFFECTIVE DATE.  The following provisions of this
 21  3 Act, being deemed of immediate importance, take effect upon
 21  4 enactment:
 21  5    1.  Section 7, relating to department of natural resources
 21  6 general fund sick leave payout.
 21  7    2.  Section 16, relating to supporting Iowa state
 21  8 university of science and technology, cooperative extension
 21  9 service in agriculture and home economics, in providing
 21 10 assistance to farm families.
 21 11    3.  Section 20, relating to a study conducted by the
 21 12 department of natural resources relating to water
 21 13 contamination in this state.
 21 14    Sec. 32.  CONTINGENT EFFECTIVE DATE.  Section 22 of this
 21 15 Act, amending section 8.60, subsection 4, takes effect only if
 21 16 chapter 192A is repealed by the Seventy-eighth General
 21 17 Assembly during its 2000 regular session.  
 21 18 
 21 19 
 21 20                                                             
 21 21                               MARY E. KRAMER
 21 22                               President of the Senate
 21 23 
 21 24 
 21 25                                                             
 21 26                               BRENT SIEGRIST
 21 27                               Speaker of the House
 21 28 
 21 29    I hereby certify that this bill originated in the Senate and
 21 30 is known as Senate File 2430, Seventy-eighth General Assembly.
 21 31 
 21 32 
 21 33                                                             
 21 34                               MICHAEL E. MARSHALL
 21 35                               Secretary of the Senate
 22  1 Approved                , 2000
 22  2 
 22  3 
 22  4                                
 22  5 THOMAS J. VILSACK
 22  6 Governor
     

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