Senate Amendment 3200
PAG LIN
1 1 Amend House File 759, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by inserting before line 1, the
1 4 following:
1 5 <Section 1. Section 8A.321, subsection 7, Code
1 6 2009, is amended by adding the following new
1 7 paragraph:
1 8 NEW PARAGRAPH. c. For real property projects
1 9 beginning construction on or after July 1, 2013, a
1 10 project must incorporate applicable storm water
1 11 management standards adopted pursuant to section
1 12 455B.277A.
1 13 Sec. 2. NEW SECTION. 15A.5 ECONOMIC DEVELOPMENT
1 14 FINANCIAL ASSISTANCE == STORM WATER MANAGEMENT
1 15 STANDARDS.
1 16 Financial assistance for economic development shall
1 17 not be given for purposes of a vertical infrastructure
1 18 project unless the project incorporates applicable
1 19 storm water management standards adopted pursuant to
1 20 section 455B.277A. For purposes of this section,
1 21 "vertical infrastructure" means the same as defined in
1 22 section 8.57, subsection 6, paragraph "c". This
1 23 section applies to projects that begin construction on
1 24 or after July 1, 2013.
1 25 Sec. 3. Section 262.9, subsection 4, unnumbered
1 26 paragraph 1, Code 2009, is amended to read as follows:
1 27 Manage and control the property, both real and
1 28 personal, belonging to the institutions. For any
1 29 construction project beginning on or after July 1,
1 30 2013, the project must incorporate applicable storm
1 31 water management standards adopted pursuant to section
1 32 455B.277A. The board shall purchase or require the
1 33 purchase of, when the price is reasonably competitive
1 34 and the quality as intended, soybean=based inks. All
1 35 inks purchased that are used internally or are
1 36 contracted for by the board shall be soybean=based to
1 37 the extent formulations for such inks are available.>
1 38 #2. Page 1, by inserting after line 29, the
1 39 following:
1 40 <Sec. . NEW SECTION. 455B.277A STORM WATER
1 41 MANAGEMENT STANDARDS.
1 42 1. By July 1, 2010, the department of natural
1 43 resources, in cooperation with the department of
1 44 agriculture and land stewardship, shall adopt storm
1 45 water management standards designed to limit water
1 46 runoff, reduce future flood damage, and improve water
1 47 quality.
1 48 2. All cities and counties shall adopt development
1 49 standards to incorporate storm water management
1 50 standards adopted pursuant to subsection 1 and limit
2 1 development in a five hundred year floodplain, unless
2 2 the development is designed to mitigate future flood
2 3 damage, by the following dates:
2 4 a. By July 1, 2015, for each city with a
2 5 population of, and for each county whose largest city
2 6 has a population of, more than two hundred thousand,
2 7 according to the most recent federal decennial census.
2 8 b. By July 1, 2013, for each city with a
2 9 population of, and for each county whose largest city
2 10 has a population of, one hundred thousand but not more
2 11 than two hundred thousand, according to the most
2 12 recent federal decennial census.
2 13 c. By July 1, 2015, for each city with a
2 14 population of, and for each county whose largest city
2 15 has a population of, ten thousand but less than one
2 16 hundred thousand, according to the most recent federal
2 17 decennial census.
2 18 d. By July 1, 2017, for each city with a
2 19 population of, and for each county whose largest city
2 20 has a population of, one thousand but less than ten
2 21 thousand, according to the most recent federal
2 22 decennial census.
2 23 e. For each city with a population of less than
2 24 one thousand, this subsection is not applicable.
2 25 3. A city or county shall not approve public
2 26 funding or the use of tax increment financing for any
2 27 project or development that does not conform to storm
2 28 water management standards, by the following dates:
2 29 a. On or after July 1, 2015, for each city with a
2 30 population of, and for each county whose largest city
2 31 has a population of, more than two hundred thousand,
2 32 according to the most recent federal decennial census.
2 33 b. On or after July 1, 2013, for each city with a
2 34 population of, and for each county whose largest city
2 35 has a population of, one hundred thousand but not more
2 36 than two hundred thousand, according to the most
2 37 recent federal decennial census.
2 38 c. On or after July 1, 2015, for each city with a
2 39 population of, and for each county whose largest city
2 40 has a population of, ten thousand but less than one
2 41 hundred thousand, according to the most recent federal
2 42 decennial census.
2 43 d. On or after July 1, 2017, for each city with a
2 44 population of, and for each county whose largest city
2 45 has a population of, one thousand but less than ten
2 46 thousand, according to the most recent federal
2 47 decennial census.
2 48 e. For each city with a population of less than
2 49 one thousand, this subsection is not applicable.
2 50 4. A city or county shall not approve public
3 1 funding or the use of tax increment financing for any
3 2 project or development within a five hundred year
3 3 flood plain that is not designed to mitigate future
3 4 flood damage, by the following dates:
3 5 a. On or after July 1, 2015, for each city with a
3 6 population of, and for each county whose largest city
3 7 has a population of, more than two hundred thousand,
3 8 according to the most recent federal decennial census.
3 9 b. On or after July 1, 2013, for each city with a
3 10 population of, and for each county whose largest city
3 11 has a population of, one hundred thousand but not more
3 12 than two hundred thousand, according to the most
3 13 recent federal decennial census.
3 14 c. On or after July 1, 2015, for each city with a
3 15 population of, and for each county whose largest city
3 16 has a population of, ten thousand but less than one
3 17 hundred thousand, according to the most recent federal
3 18 decennial census.
3 19 d. On or after July 1, 2017, for each city with a
3 20 population of, and for each county whose largest city
3 21 has a population of, one thousand but less than ten
3 22 thousand, according to the most recent federal
3 23 decennial census.
3 24 e. For each city with a population of less than
3 25 one thousand, this subsection is not applicable.
3 26 5. If a county or city does not currently have an
3 27 effective flood insurance rate map or flood hazard
3 28 boundary map published by the federal emergency
3 29 management agency that identifies a special flood
3 30 hazard area within the political boundaries of the
3 31 county or city, the county or city shall have sixty
3 32 months from the effective date of any future flood
3 33 insurance rate map or flood hazard boundary map
3 34 published by the federal emergency management agency
3 35 or the applicable time period for that county or city
3 36 to implement the provisions of subsections 2, 3, and
3 37 4, to comply with the requirements of this section,
3 38 whichever period is longer.
3 39 Sec. . Section 466A.2, subsection 2, paragraph
3 40 c, Code 2009, is amended by adding the following new
3 41 subparagraphs:
3 42 NEW SUBPARAGRAPH. (8) Structures and conservation
3 43 systems for the prevention and mitigation of floods
3 44 within the watershed of the project.
3 45 NEW SUBPARAGRAPH. (9) Removal of channels of
3 46 waterways to allow waterways to meander.
3 47 Sec. . Section 466B.1, Code 2009, is amended to
3 48 read as follows:
3 49 466B.1 SHORT TITLE.
3 50 This chapter shall be known and may be cited as the
4 1 "Surface Water Protection and Flood Mitigation Act".
4 2 Sec. . Section 466B.3, subsection 3, Code 2009,
4 3 is amended by adding the following new paragraph:
4 4 NEW PARAGRAPH. d. Whether the potential for flood
4 5 damage in each watershed in the state has been
4 6 reduced.
4 7 Sec. . Section 466B.3, subsection 4, paragraph
4 8 l, unnumbered paragraph 1, Code 2009, is amended to
4 9 read as follows:
4 10 The governor, who shall be the chairperson, or the
4 11 governor's designee. As the chairperson, and in order
4 12 to further the coordination efforts of the council,
4 13 the governor may invite representatives from any other
4 14 public agency, private organization, business, citizen
4 15 group, or nonprofit entity to give public input at
4 16 council meetings provided the entity has an interest
4 17 in the coordinated management of land resources, soil
4 18 conservation, flood mitigation, or water quality. The
4 19 governor shall also invite and solicit advice from the
4 20 following:
4 21 Sec. . Section 466B.3, subsection 4, Code 2009,
4 22 is amended by adding the following new paragraphs:
4 23 NEW PARAGRAPH. m. The dean of the college of
4 24 engineering at the university of Iowa or the dean's
4 25 designee.
4 26 NEW PARAGRAPH. n. The director of the rebuild
4 27 Iowa office or the director's designee, until June 30,
4 28 2011.
4 29 Sec. . Section 466B.3, subsection 6, paragraph
4 30 b, subparagraph (9), Code 2009, is amended to read as
4 31 follows:
4 32 (9) Review best available technologies on a
4 33 regular basis, so that investments of time and program
4 34 resources can be prioritized and directed to projects
4 35 that will best and most effectively improve water
4 36 quality and reduce flood damage within regional and
4 37 community subwatersheds.
4 38 Sec. . Section 466B.3, subsection 6, Code 2009,
4 39 is amended by adding the following new paragraph:
4 40 NEW PARAGRAPH. c. The council shall develop
4 41 recommendations for policies and funding promoting a
4 42 watershed management approach to reduce the adverse
4 43 impact of future flooding on this state's residents,
4 44 businesses, communities, and soil and water quality.
4 45 Policy and funding recommendations shall be submitted
4 46 to the governor and the general assembly no later than
4 47 November 15, 2009. The council shall consider
4 48 policies and funding options for various strategies to
4 49 reduce the impact of flooding including but not
4 50 limited to additional floodplain regulation; wetland
5 1 protection, restoration, and construction; the
5 2 promulgation and implementation of statewide storm
5 3 water management standards; conservation easements and
5 4 other land management; perennial ground cover and
5 5 other agricultural conservation practices; pervious
5 6 pavement, bioswales, and other urban conservation
5 7 practices; and permanent or temporary water retention
5 8 structures. In developing recommendations, the
5 9 council shall consult with hydrological and land use
5 10 experts, representatives of cities, counties, and soil
5 11 and water conservation districts, and other urban and
5 12 regional planning experts.
5 13 Sec. . Section 466B.4, subsection 1, Code 2009,
5 14 is amended by adding the following new paragraph:
5 15 NEW PARAGRAPH. e. The land in watersheds and
5 16 flood plains should be managed to reduce flooding,
5 17 reduce flood damage, ameliorate the effects of
5 18 drought, improve water quality, improve habitat and
5 19 the natural environment, increase renewable energy
5 20 production, and enhance economic and recreational
5 21 opportunities.>
5 22 #3. Title page, line 1, by inserting after the
5 23 word <Act> the following: <relating to the management
5 24 of water, including adoption of storm water management
5 25 standards,>.
5 26 #4. Title page, line 3, by inserting after the
5 27 word <program> the following: <and relating to
5 28 regional watershed, land use, and floodplain
5 29 management policies>.
5 30 #5. By renumbering as necessary.
5 31
5 32
5 33
5 34 PAM JOCHUM
5 35
5 36
5 37
5 38 ROBERT M. HOGG
5 39 HF 759.502 83
5 40 av/rj/23330
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