House Amendment 1398


PAG LIN




     1  1    Amend Senate File 343, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 455B.171, subsection 4, Code
     1  6 2003, is amended to read as follows:
     1  7    4.  "Credible data" means scientifically valid
     1  8 chemical, physical, or biological monitoring data
     1  9 collected under a scientifically accepted sampling and
     1 10 analysis plan, including quality control and quality
     1 11 assurance procedures, and scientifically valid
     1 12 evaluative data and information documented by a
     1 13 qualified professional in the department such as a
     1 14 professional engineer, biologist, or hydrologist, or
     1 15 by a professional designee of the department, as
     1 16 defined in section 455B.193, subsection 1.  Data dated
     1 17 more than five ten years before the department's date
     1 18 of listing or other determination under section
     1 19 455B.194, subsection 1, shall be presumed not to be
     1 20 credible data unless the department identifies
     1 21 compelling reasons as to why the data is credible.
     1 22    Sec.    .  Section 455B.171, subsection 8, Code
     1 23 2003, is amended to read as follows:
     1 24    8.  "Historical data" means data collected more
     1 25 than five ten years before the department's date of
     1 26 listing or other determination under section 455B.194,
     1 27 subsection 1.>
     1 28 #2.  Page 1, line 11, by inserting after the word
     1 29 <methods> the following:  <using credible data>.
     1 30 #3.  Page 1, by inserting after line 12 the
     1 31 following:
     1 32    <Sec.    .  Section 455B.193, subsection 1, Code
     1 33 2003, is amended to read as follows:
     1 34    1.  Data is not credible data unless the data
     1 35 originates from studies and samples collected by the
     1 36 department, a professional designee of the department,
     1 37 or a qualified volunteer.  For purposes of this
     1 38 subsection, "professional designee" includes
     1 39 governmental agencies other than the department, and a
     1 40 person hired by, or under contract for compensation
     1 41 with, the department to collect or study data, and a
     1 42 qualified volunteer who has passed the third level of
     1 43 training in quality control and quality assessment
     1 44 measures under the Iowa water pollution control works
     1 45 and drinking water facilities financing program.
     1 46    Sec.    .  Section 455B.194, subsection 1,
     1 47 paragraph a, Code 2003, is amended by striking the
     1 48 paragraph.
     1 49    Sec.    .  Section 455B.195, subsection 1,
     1 50 paragraph b, Code 2003, is amended to read as follows:
     2  1    b.  The data quality for removal of water of the
     2  2 state from any list of impaired waters including any
     2  3 section 303(d) list shall be the same as the data
     2  4 quality for adding a water to that list.  A water of
     2  5 the state that is placed on a section 303(d) list
     2  6 shall not be removed from a section 303(d) list due to
     2  7 lack of credible data.>
     2  8 #4.  Title page, line 1, by inserting after the
     2  9 word <systems> the following:  <and credible data
     2 10 concerning water quality>.
     2 11 #5.  By renumbering as necessary.
     2 12
     2 13
     2 14                               
     2 15 GREIMANN of Story
     2 16 SF 343.302 80
     2 17 tm/cf

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