House File 643 H-1391 Amend House File 643 as follows: 1 1. Page 1, after line 28 by inserting: 2 < Sec. ___. Section 466B.3, subsection 6, paragraph 3 b, Code 2011, is amended by adding the following new 4 subparagraph: 5 NEW SUBPARAGRAPH . (07) Review and assess the water 6 monitoring plan of the department of natural resources 7 and develop a protocol to prioritize the use of the 8 state’s water quality monitoring resources. > 9 2. Page 5, line 24, before < administering > by 10 inserting < implementing and > 11 3. Page 5, after line 30 by inserting: 12 < Sec. ___. Section 455B.171, subsection 4, Code 13 2011, is amended to read as follows: 14 4. “Credible data” means scientifically valid 15 chemical, physical, or biological monitoring data 16 collected under a scientifically accepted sampling and 17 analysis plan, including quality control and quality 18 assurance procedures. Data dated more than five 19 years before the department’s date of listing or other 20 determination under section 455B.194, subsection 1 , by 21 the department of natural resources or the department 22 of agriculture and land stewardship, shall be presumed 23 not to be credible data unless the that department 24 identifies compelling reasons as to why the data is 25 credible. > 26 4. Page 6, by striking lines 31 and 32 and 27 inserting: 28 < 5. The department of natural resources agriculture 29 and land stewardship shall develop a methodology > 30 5. Page 7, line 16, by striking < the either 31 department, > and inserting < the department of 32 agriculture and land stewardship , > 33 6. Page 7, by striking lines 21 and 22 and 34 inserting < of agriculture and land stewardship shall 35 develop and maintain three > 36 7. By striking page 7, line 31, through page 8, 37 line 16, and inserting < list. When developing a 38 section 303(d) list, the department of agriculture 39 and land stewardship is not required to use all data, 40 but the department it shall assemble and evaluate all 41 existing and readily available water quality-related 42 data and information. The department of agriculture 43 and land stewardship shall provide documentation to the 44 regional administrator of the federal environmental 45 protection agency to support the state’s determination 46 to list or not to list its waters. 47 g. The department of agriculture and land 48 stewardship shall take into consideration any naturally 49 occurring condition when placing or removing any 50 -1- HF643.1737 (1) 84 da/nh 1/ 2 #1. #2. #3. #4. #5. #6.

water of the state on any section 303(d) list, and 1 establishing or allocating responsibility for a total 2 maximum daily load. 3 h. Numerical standards shall have a preference 4 over narrative standards when determining whether 5 a water of the state is supporting its designated 6 use or other classification . A narrative standard 7 shall not constitute the basis for determining an 8 impairment unless the department of agriculture and 9 land stewardship identifies specific factors as to why 10 a numeric standard is not sufficient to assure adequate 11 water quality. > 12 8. By striking page 8, line 32, through page 9, 13 line 15, and inserting: 14 < NEW SUBSECTION . 3. The division of soil 15 conservation of the department of agriculture and land 16 stewardship shall administer, coordinate, and promote 17 voluntary programs to address the total maximum daily 18 loads assigned to nonpoint sources and agricultural 19 sources. The department of natural resources shall 20 implement the waste load allocations assigned to 21 point sources in the total maximum daily load through 22 effluent limits if such sources are required to obtain 23 a national pollutant discharge elimination system 24 permit by section 402 of the federal Clean Water Act as 25 defined in section 455B.291. 26 NEW SUBSECTION . 4. The division of soil 27 conservation of the department of agriculture and land 28 stewardship shall prepare the water quality management 29 plan required by 33 U.S.C. § 1329, and provide the 30 plan, after notice and comment, to the governor for 31 submission to the regional administrator of the United 32 States environmental protection agency. > 33 9. Page 9, by striking lines 16 through 25. 34 10. Page 10, by striking lines 10 through 16 and 35 inserting: 36 < Sec. ___. EFFECTIVE DATE. This division of this 37 Act takes effect July 1, 2012. > 38 11. Title page, line 3, by striking < providing an 39 appropriation, > 40 12. By renumbering as necessary. 41 ______________________________ MOORE of Jackson -2- HF643.1737 (1) 84 da/nh 2/ 2 #8. #9. #10. #11. #12.