Senate Amendment 5080


PAG LIN




     1  1    Amend Senate File 2197 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  NEW SECTION.  466B.1  SHORT TITLE.
     1  5    This chapter shall be known and may be cited as the
     1  6 "Surface Water Protection Act".
     1  7    Sec. 2.  NEW SECTION.  466B.2  DEFINITIONS.
     1  8    For the purposes of this chapter, unless the
     1  9 context otherwise requires:
     1 10    1.  "Council" means the water resources
     1 11 coordinating council created in section 466B.3.
     1 12    2.  "Department" means the department of natural
     1 13 resources.
     1 14    3.  "Regional watershed" means a watershed of
     1 15 hydrologic unit code scale 8.
     1 16    4.  "Subwatershed" means a watershed of
     1 17 hydrological unit code scale 12 or smaller.
     1 18    5.  "Watershed" means a geographic area in which
     1 19 surface water is drained by rivers, streams, or other
     1 20 bodies of water.
     1 21    Sec. 3.  NEW SECTION.  466B.3  WATER RESOURCES
     1 22 COORDINATING COUNCIL.
     1 23    1.  COUNCIL ESTABLISHED.  A water resources
     1 24 coordinating council is established within the office
     1 25 of the governor.
     1 26    2.  PURPOSE.  The purpose of the council shall be
     1 27 to preserve and protect Iowa's water resources, and to
     1 28 coordinate the management of those resources in a
     1 29 sustainable and fiscally responsible manner.  In the
     1 30 pursuit of this purpose, the council shall use an
     1 31 integrated approach to water resource management,
     1 32 recognizing that insufficiencies exist in current
     1 33 approaches and practices, as well as in funding
     1 34 sources and the utilization of funds.  The integrated
     1 35 approach used by the council shall attempt to overcome
     1 36 old categories, labels, and obstacles with the primary
     1 37 goal of managing the state's water resources
     1 38 comprehensively rather than compartmentally.
     1 39    3.  ACCOUNTABILITY.  The success of the council's
     1 40 efforts shall ultimately be measured by the following
     1 41 outcomes:
     1 42    a.  Whether the citizens of Iowa can more easily
     1 43 organize local watershed projects.
     1 44    b.  Whether the citizens of Iowa can more easily
     1 45 access available funds and water quality program
     1 46 resources.
     1 47    c.  Whether the funds, programs, and regulatory
     1 48 efforts coordinated by the council eventually result
     1 49 in a long=term improvement to the quality of surface
     1 50 water in Iowa.
     2  1    4.  MEMBERSHIP.  The council shall consist of the
     2  2 following members:
     2  3    a.  The director of the department of natural
     2  4 resources or the director's designee.
     2  5    b.  The director of the soil conservation division
     2  6 of the department of agriculture and land stewardship
     2  7 or the director's designee.
     2  8    c.  The secretary of agriculture or the secretary's
     2  9 designee.
     2 10    d.  The director of the department of public health
     2 11 or the director's designee.
     2 12    e.  The director of the homeland security and
     2 13 emergency management division of the department of
     2 14 public defense or the director's designee.
     2 15    f.  The dean of the college of agriculture at Iowa
     2 16 state university or the dean's designee.
     2 17    g.  The dean of the college of public health at the
     2 18 university of Iowa or the dean's designee.
     2 19    h.  The dean of the college of natural sciences at
     2 20 the university of northern Iowa, or the dean's
     2 21 designee.
     2 22    i.  The director of the department of
     2 23 transportation or the director's designee.
     2 24    j.  The director of the department of economic
     2 25 development or the director's designee.
     2 26    k.  The director of the Iowa finance authority, or
     2 27 the director's designee.
     2 28    l.  The governor, who shall be the chairperson, or
     2 29 the governor's designee.  As the chairperson, and in
     2 30 order to further the coordination efforts of the
     2 31 council, the governor may invite representatives from
     2 32 any other public agency, private organization,
     2 33 business, citizen group, or nonprofit entity to give
     2 34 public input at council meetings provided the entity
     2 35 has an interest in the coordinated management of land
     2 36 resources, soil conservation, or water quality.  The
     2 37 governor shall also invite and solicit advice from the
     2 38 following:
     2 39    (1)  The director of the Iowa water science center
     2 40 of the United States geological survey or the
     2 41 director's designee.
     2 42    (2)  The state conservationist from the Iowa office
     2 43 of the United States department of agriculture's
     2 44 natural resources conservation service or the state
     2 45 conservationist's designee.
     2 46    (3)  The executive director for Iowa from the
     2 47 United States department of agriculture's farm
     2 48 services agency or the executive director's designee.
     2 49    (4)  The state director for Iowa from the United
     2 50 States department of agriculture's office of rural
     3  1 development or the state director's designee.
     3  2    (5)  The director of region seven of the United
     3  3 States environmental protection agency or the
     3  4 director's designee.
     3  5    (6)  The corps commander from the United States
     3  6 army corps of engineers' Rock Island district or the
     3  7 commander's designee.
     3  8    5.  MEETINGS AND QUORUM.
     3  9    a.  The council shall be convened by the office of
     3 10 the governor at least quarterly.
     3 11    b.  A majority of the members fixed by statute
     3 12 shall constitute a quorum, and any action taken by the
     3 13 council must be adopted by a majority of the voting
     3 14 membership.
     3 15    6.  DUTIES AND POWERS.
     3 16    a.  The council shall engage in the regular
     3 17 coordination of water resource=related functions,
     3 18 including protection strategies, planning, assessment,
     3 19 prioritization, review, concurrence, advocacy, and
     3 20 education.
     3 21    b.  In coordinating water resource related
     3 22 functions, the council may do all of the following:
     3 23    (1)  Consider the steps necessary to address the
     3 24 planning, management, and implementation of water
     3 25 resource improvement.
     3 26    (2)  Identify ways to facilitate communication and
     3 27 participation among all water resource stakeholders,
     3 28 including owners of land in Iowa whether they are
     3 29 residents or not.
     3 30    (3)  Identify inefficiencies in current programs
     3 31 and recommend ways to eliminate duplicative services.
     3 32    (4)  Improve the availability and management of
     3 33 water resource information.
     3 34    (5)  Provide incentives for, and recognition of,
     3 35 environmental excellence.
     3 36    (6)  Regularly assess and identify measurable
     3 37 improvements in water quality.
     3 38    (7)  Oversee the complete, statewide regional
     3 39 watershed assessment, prioritization, and planning
     3 40 process described in section 466B.5, including a
     3 41 short=term interim program and a long=term
     3 42 comprehensive state water quality and quantity plan
     3 43 updated every five years as provided in sections
     3 44 466B.5 and 466B.6.
     3 45    (8)  Develop a protocol which identifies high
     3 46 priority watersheds, including local and
     3 47 community=based subwatersheds, and which appropriately
     3 48 directs resources to those watersheds.
     3 49    (9)  Review best available technologies on a
     3 50 regular basis, so that investments of time and program
     4  1 resources can be prioritized and directed to projects
     4  2 that will best and most effectively improve water
     4  3 quality within regional and community subwatersheds.
     4  4    (10)  Review voluntary, performance=based standards
     4  5 for water resource management, land management, and
     4  6 soil conservation.
     4  7    (11)  Develop a protocol for assigning multiagency
     4  8 teams to regional watersheds and local subwatersheds
     4  9 and guide those teams in the coordination of citizen
     4 10 and agency activities within those watersheds.
     4 11    (12)  Engage in dialogue with, and pursue efforts
     4 12 to make cooperative agreements with, other states when
     4 13 a watershed extends beyond borders of this state.
     4 14    (13)  Enter into agreements and make contracts with
     4 15 third parties for the performance of duties imposed by
     4 16 this chapter.
     4 17    (14)  Prepare a memorandum of understanding
     4 18 identifying the roles and responsibilities of council
     4 19 members in the coordination of the implementation of
     4 20 community=based subwatershed improvement plans.  The
     4 21 memorandum shall be a commitment by the agencies
     4 22 participating in council meetings to reach consensus
     4 23 regarding communications with subwatershed planning
     4 24 units.
     4 25    Sec. 4.  NEW SECTION.  466B.4  LEGISLATIVE FINDINGS
     4 26 AND MARKETING CAMPAIGN.
     4 27    1.  FINDINGS.  The general assembly finds all of
     4 28 the following:
     4 29    a.  Most Iowans desire to have improved water
     4 30 quality throughout the state, but many Iowans do not
     4 31 understand the problems with local water quality.
     4 32    b.  Most Iowans believe that the protection of fish
     4 33 and wildlife benefits all Iowans.
     4 34    c.  The benefits of improving water quality could
     4 35 far outweigh the costs of implementing mechanisms to
     4 36 improve it.
     4 37    d.  Most Iowans look to some level of government
     4 38 for the protection of water resources rather than to
     4 39 themselves and their own actions.  However, it is not
     4 40 possible or desirable for state government to take
     4 41 complete control and responsibility for water quality.
     4 42    2.  MARKETING CAMPAIGN.  The water resources
     4 43 coordinating council shall develop a marketing
     4 44 campaign to educate Iowans about the need to take
     4 45 personal responsibility for the quality of water in
     4 46 their local watersheds.  The emphasis of the campaign
     4 47 shall be that not only is everyone responsible for
     4 48 clean water, but that everyone benefits from it as
     4 49 well.  The goals of the campaign shall be to convince
     4 50 Iowans to take personal responsibility for clean water
     5  1 and to equip them with the tools necessary to effect
     5  2 change through local water quality improvement
     5  3 projects.
     5  4    3.  CONTINGENT ON FUNDING.  The duties imposed in
     5  5 subsection 2 are contingent upon the receipt of
     5  6 funding sufficient to cover the costs associated with
     5  7 the marketing campaign.
     5  8    Sec. 5.  NEW SECTION.  466B.5  REGIONAL WATERSHED
     5  9 ASSESSMENT, PLANNING, AND PRIORITIZATION.
     5 10    1.  REGIONAL WATERSHED ASSESSMENT PROGRAM.  The
     5 11 department shall create a regional watershed
     5 12 assessment program.  The program shall assess all the
     5 13 regional watersheds in the state.
     5 14    a.  The statewide assessment shall be conducted at
     5 15 the rate of approximately one=fifth of the watersheds
     5 16 per year, and an initial full assessment shall be
     5 17 completed within five years.  Thereafter, the
     5 18 department shall review and update the assessments on
     5 19 a regular basis.
     5 20    b.  Each regional watershed assessment shall
     5 21 provide a summary of the overall condition of the
     5 22 watershed.  The information provided in the summary
     5 23 may include land use patterns, soil types, slopes,
     5 24 management practices, stream conditions, and both
     5 25 point and nonpoint source impairments.
     5 26    c.  In conducting a regional watershed assessment,
     5 27 the department may provide opportunities for local
     5 28 data collection and input into the assessment process.
     5 29    2.  PLANNING AND PRIORITIZATION.  In conducting the
     5 30 regional watershed assessment program, the department
     5 31 shall provide hydrological and geological information
     5 32 sufficient for the water resources coordinating
     5 33 council to prioritize watersheds statewide and for the
     5 34 various communities in those watersheds to plan
     5 35 remedial efforts in their local communities and
     5 36 subwatersheds.
     5 37    3.  REPORT TO COUNCIL.  Upon completion of the
     5 38 statewide assessment, and upon updating the
     5 39 assessments, the department shall report the results
     5 40 of the assessment to the council and the general
     5 41 assembly, and shall make the report publicly
     5 42 available.
     5 43    Sec. 6.  NEW SECTION.  466B.6  COMMUNITY=BASED
     5 44 SUBWATERSHED IMPROVEMENT PLANS.
     5 45    1.  FACILITATION OF COMMUNITY=BASED SUBWATERSHED
     5 46 PLANS.  After the department's completion of the
     5 47 initial regional watershed assessment, and after the
     5 48 council's prioritization of the regional watersheds,
     5 49 the council shall designate one or more of the
     5 50 agencies represented on the council to facilitate the
     6  1 development and implementation of local,
     6  2 community=based subwatershed improvement plans.
     6  3    2.  ASSESSMENT, PLANNING, PRIORITIZATION, AND
     6  4 IMPLEMENTATION.  In facilitating the development of
     6  5 community=based subwatershed improvement plans, the
     6  6 agency or agencies designated by the council shall,
     6  7 based on the results of the regional watershed
     6  8 assessment program, identify critical subwatersheds
     6  9 within priority regional watersheds and recruit
     6 10 communities, citizen groups, local governmental
     6 11 entities, or other stakeholders to engage in the
     6 12 assessment, planning, prioritization, and
     6 13 implementation of a local community=based subwatershed
     6 14 improvement plan.  The agency or agencies designated
     6 15 by the council may assist in the formation of a group
     6 16 of initial local community=based subwatershed
     6 17 improvement plans that can be implemented as pilot
     6 18 projects, in order to develop an effective process
     6 19 that can be replicated across the state.
     6 20    Sec. 7.  NEW SECTION.  466B.7  COMMUNITY=BASED
     6 21 SUBWATERSHED MONITORING.
     6 22    1.  MONITORING ASSISTANCE.  After completion of the
     6 23 statewide regional watershed assessment and
     6 24 prioritization, and throughout the implementation of
     6 25 local community=based subwatershed improvement plans,
     6 26 the department shall assist communities with the
     6 27 monitoring and measurement of local subwatersheds.
     6 28 The monitoring and measurement shall be designed for
     6 29 the particular needs of individual communities.
     6 30    2.  DATA COLLECTION AND USE.  Local communities in
     6 31 which the department conducts subwatershed monitoring
     6 32 shall use the information to support subwatershed
     6 33 planning activities, do local data collection, and
     6 34 identify priority areas needing additional resources.
     6 35 Local communities shall also collect data over time
     6 36 and use the data to evaluate the impacts of their
     6 37 management efforts.
     6 38    Sec. 8.  NEW SECTION.  466B.8  WASTEWATER AND STORM
     6 39 WATER INFRASTRUCTURE ASSESSMENT.
     6 40    The department shall assess and prioritize
     6 41 communities within a watershed presenting the greatest
     6 42 level of risk to water quality and the health of
     6 43 residents.  This prioritization shall include both
     6 44 sewered and unsewered communities.
     6 45    Sec. 9.  NEW SECTION.  466B.9  RULEMAKING
     6 46 AUTHORITY.
     6 47    The department and the department of agriculture
     6 48 and land stewardship shall have the power and
     6 49 authority reasonably necessary to carry out the duties
     6 50 imposed by this chapter.  As to the department, this
     7  1 includes rulemaking authority to carry out the
     7  2 regional watershed assessment program described in
     7  3 section 466B.5.  As to the department of agriculture
     7  4 and land stewardship, this includes rulemaking
     7  5 authority to assist in the implementation of
     7  6 community=based subwatershed improvement plans.>
     7  7 #2.  Title page, by striking lines 1 through 6 and
     7  8 inserting the following:  <An Act relating to water
     7  9 quality by establishing a water resources coordinating
     7 10 council, authorizing a marketing campaign, directing
     7 11 assistance to local communities for monitoring and
     7 12 measurement, providing for a wastewater and storm
     7 13 water infrastructure assessment, and creating a
     7 14 regional assessment program and a community=based
     7 15 improvement program.>
     7 16
     7 17
     7 18                               
     7 19 BRIAN SCHOENJAHN
     7 20 SF 2197.301 82
     7 21 tw/nh/11194

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