Senate File 509 S-3356 Amend the House amendment, S-3227, to Senate File 1 509, as amended, passed, and reprinted by the Senate, 2 as follows: 3 1. By striking page 1, line 5, through page 21, 4 line 38, and inserting: 5 << DIVISION I 6 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 7 GENERAL APPROPRIATIONS FOR FY 2011-2012 8 Section 1. GENERAL FUND —— DEPARTMENT. 9 1. There is appropriated from the general fund of 10 the state to the department of agriculture and land 11 stewardship for the fiscal year beginning July 1, 2011, 12 and ending June 30, 2012, the following amount, or 13 so much thereof as is necessary, to be used for the 14 purposes designated: 15 For purposes of supporting the department, including 16 its divisions, for administration, regulation, and 17 programs; for salaries, support, maintenance, and 18 miscellaneous purposes; and for not more than the 19 following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,497,308 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 345.00 22 2. The department shall submit a report each 23 quarter of the fiscal year to the legislative services 24 agency, the department of management, the members of 25 the joint appropriations subcommittee on agriculture 26 and natural resources, and the chairpersons and 27 ranking members of the senate and house committees on 28 appropriations. The report shall describe in detail 29 the expenditure of moneys appropriated in this section 30 to support the department’s administration, regulation, 31 and programs. 32 3. Of the amount appropriated in this section, 33 $238,000 is transferred to Iowa state university of 34 science and technology, to be used for the university’s 35 midwest grape and wine industry institute. 36 DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY 37 Sec. 2. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 38 HORSE AND DOG RACING. There is appropriated from the 39 moneys available under section 99D.13 to the department 40 of agriculture and land stewardship for the fiscal year 41 beginning July 1, 2011, and ending June 30, 2012, the 42 following amount, or so much thereof as is necessary, 43 to be used for the purposes designated: 44 For purposes of supporting the department’s 45 administration and enforcement of horse and dog racing 46 law pursuant to section 99D.22, including for salaries, 47 support, maintenance, and miscellaneous purposes: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 305,516 49 DESIGNATED APPROPRIATIONS —— MOTOR FUEL 50 -1- S3227.3343 (38) 84 da/jp 1/ 30 #1.
Sec. 3. RENEWABLE FUEL INFRASTRUCTURE FUND —— 1 MOTOR FUEL INSPECTION. There is appropriated from 2 the renewable fuel infrastructure fund created in 3 section 15G.205 to the department of agriculture and 4 land stewardship for the fiscal year beginning July 1, 5 2011, and ending June 30, 2012, the following amount, 6 or so much thereof as is necessary, to be used for the 7 purposes designated: 8 For purposes of the inspection of motor fuel, 9 including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 12 The department shall establish and administer 13 programs for the auditing of motor fuel including 14 biofuel processing and production plants, for screening 15 and testing motor fuel, including renewable fuel, 16 and for the inspection of motor fuel sold by dealers 17 including retail dealers who sell and dispense motor 18 fuel from motor fuel pumps. 19 DESIGNATED APPROPRIATIONS —— LOCAL FOOD AND FARM 20 COORDINATOR 21 Sec. 4. APPROPRIATION —— DEPARTMENT OF AGRICULTURE 22 AND LAND STEWARDSHIP —— LOCAL FOOD AND FARM PROGRAM 23 COORDINATOR. 24 1. There is appropriated from the general fund of 25 the state to the department of agriculture and land 26 stewardship for the fiscal year beginning July 1, 2011, 27 and ending June 30, 2012, the following amount, or 28 so much thereof as is necessary, to be used for the 29 purposes designated: 30 For purposes of supporting a local food and farm 31 program coordinator as provided in chapter 267A, 32 as enacted by this Act, for salaries, support, 33 maintenance, and miscellaneous purposes, and for not 34 more than the following full-time equivalent positions: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 37 2. The department shall enter into a cost-sharing 38 agreement with Iowa state university to support 39 the local food and farm program coordinator. The 40 coordinator shall be stationed at Iowa state university 41 as provided in chapter 267A, as enacted by this Act. 42 DESIGNATED APPROPRIATIONS —— AGRICULTURAL EDUCATION 43 Sec. 5. AGRICULTURAL EDUCATION. There is 44 appropriated from the general fund of the state to the 45 department of agriculture and land stewardship for the 46 fiscal year beginning July 1, 2011, and ending June 30, 47 2012, the following amount, or so much thereof as is 48 necessary, to be used for the purposes designated: 49 For purposes of allocating moneys to an Iowa 50 -2- S3227.3343 (38) 84 da/jp 2/ 30
association affiliated with a national organization 1 which promotes agricultural education providing for 2 future farmers: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 4 DIVISION II 5 DEPARTMENT OF NATURAL RESOURCES 6 GENERAL APPROPRIATIONS FOR FY 2011-2012 7 Sec. 6. GENERAL FUND —— DEPARTMENT. 8 1. There is appropriated from the general fund of 9 the state to the department of natural resources for 10 the fiscal year beginning July 1, 2011, and ending June 11 30, 2012, the following amount, or so much thereof as 12 is necessary, to be used for the purposes designated: 13 For purposes of supporting the department, including 14 its divisions, for administration, regulation, and 15 programs; for salaries, support, maintenance, and 16 miscellaneous purposes; and for not more than the 17 following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,291,688 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 20 2. Of the number of full-time equivalent positions 21 authorized to the department pursuant to subsection 1, 22 50.00 full-time equivalent positions shall be allocated 23 by the department for seasonal employees for purposes 24 of providing maintenance, upkeep, and sanitary services 25 at state parks. 26 3. The department shall submit a report each 27 quarter of the fiscal year to the legislative services 28 agency, the department of management, the members of 29 the joint appropriations subcommittee on agriculture 30 and natural resources, and the chairpersons and 31 ranking members of the senate and house committees on 32 appropriations. The report shall describe in detail 33 the expenditure of moneys appropriated under this 34 section to support the department’s administration, 35 regulation, and programs. 36 Sec. 7. STATE FISH AND GAME PROTECTION FUND —— 37 DIVISION OF FISH AND WILDLIFE. 38 1. There is appropriated from the state fish and 39 game protection fund to the department of natural 40 resources for the fiscal year beginning July 1, 2011, 41 and ending June 30, 2012, the following amount, or 42 so much thereof as is necessary, to be used for the 43 purposes designated: 44 For purposes of supporting the division of fish and 45 wildlife, including for administration, regulation, 46 and programs; and for salaries, support, maintenance, 47 equipment, and miscellaneous purposes: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,793,154 49 2. Notwithstanding section 455A.10, the department 50 -3- S3227.3343 (38) 84 da/jp 3/ 30
may use the unappropriated balance remaining in the 1 state fish and game protection fund to provide for the 2 funding of health and life insurance premium payments 3 from unused sick leave balances of conservation peace 4 officers employed in a protection occupation who 5 retire, pursuant to section 97B.49B. 6 3. Notwithstanding section 455A.10, the department 7 of natural resources may use the unappropriated 8 balance remaining in the state fish and game protection 9 fund for the fiscal year beginning July 1, 2011, 10 and ending June 30, 2012, as is necessary to fund 11 salary adjustments for departmental employees which 12 the general assembly has made an operating budget 13 appropriation for in subsection 1. 14 Sec. 8. GROUNDWATER PROTECTION FUND —— WATER 15 QUALITY. There is appropriated from the groundwater 16 protection fund created in section 455E.11 to the 17 department of natural resources for the fiscal year 18 beginning July 1, 2011, and ending June 30, 2012, from 19 those moneys which are not allocated pursuant to that 20 section, the following amount, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 For purposes of supporting the department’s 23 protection of the state’s groundwater, including 24 for administration, regulation, and programs, and 25 for salaries, support, maintenance, equipment, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,455,832 28 DESIGNATED APPROPRIATIONS —— MISCELLANEOUS 29 Sec. 9. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE 30 PROGRAM. There is appropriated from the special 31 snowmobile fund created under section 321G.7 to the 32 department of natural resources for the fiscal year 33 beginning July 1, 2011, and ending June 30, 2012, the 34 following amount, or so much thereof as is necessary, 35 to be used for the purpose designated: 36 For purposes of administering and enforcing the 37 state snowmobile programs: 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 39 Sec. 10. UNASSIGNED REVENUE FUND —— UNDERGROUND 40 STORAGE TANK SECTION EXPENSES. There is appropriated 41 from the unassigned revenue fund administered by the 42 Iowa comprehensive underground storage tank fund 43 board to the department of natural resources for the 44 fiscal year beginning July 1, 2011, and ending June 30, 45 2012, the following amount, or so much thereof as is 46 necessary, to be used for the purpose designated: 47 For purposes of paying for administration expenses 48 of the department’s underground storage tank section: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 50 -4- S3227.3343 (38) 84 da/jp 4/ 30
Sec. 11. STORM WATER DISCHARGE PERMIT FEES —— 1 SUPPORT FOR SPECIAL PURPOSES. Notwithstanding any 2 contrary provision of state law, for the fiscal year 3 beginning July 1, 2011, and ending June 30, 2012, the 4 department of natural resources may use additional 5 moneys available to the department collected from 6 storm water discharge permit fees as provided in 7 sections 455B.103A and 455B.197 for the staffing of the 8 following additional full-time equivalent positions for 9 the purposes designated: 10 1. For purposes of reducing the department’s 11 floodplain permit backlog: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 13 2. For purposes of implementing the federal total 14 maximum daily load program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 16 DIVISION III 17 IOWA STATE UNIVERSITY 18 APPROPRIATION FOR FY 2011-2012 19 Sec. 12. GENERAL FUND —— VETERINARY DIAGNOSTIC 20 LABORATORY. 21 1. There is appropriated from the general fund 22 of the state to Iowa state university of science and 23 technology for the fiscal year beginning July 1, 2011, 24 and ending June 30, 2012, the following amount, or 25 so much thereof as is necessary, to be used for the 26 purposes designated: 27 For purposes of supporting the college of veterinary 28 medicine for the operation of the veterinary diagnostic 29 laboratory and for not more than the following 30 full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,237,636 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 33 2. a. Iowa state university of science and 34 technology shall not reduce the amount that it 35 allocates to support the college of veterinary medicine 36 from any other source due to the appropriation made in 37 this section. 38 b. Paragraph “a” does not apply to a reduction made 39 to support the college of veterinary medicine, if the 40 same percentage of reduction imposed on the college 41 of veterinary medicine is also imposed on all of Iowa 42 state university’s budget units. 43 3. If by June 30, 2012, Iowa state university 44 of science and technology fails to allocate the 45 moneys appropriated in this section to the college of 46 veterinary medicine in accordance with this section, 47 the moneys appropriated in this section for that fiscal 48 year shall revert to the general fund of the state. 49 Sec. 13. VETERINARY DIAGNOSTIC LABORATORY —— 50 -5- S3227.3343 (38) 84 da/jp 5/ 30
FUTURE YEAR. This section applies if appropriations 1 made in this Act and all other Acts enacted by the 2 Eighty-fourth General Assembly during the 2011 regular 3 session and all extraordinary sessions, for the 4 fiscal year beginning July 1, 2011, and ending June 5 30, 2012, for purposes of supporting the operation 6 of the veterinary diagnostic laboratory associated 7 with the college of veterinary medicine at Iowa state 8 university, total less than $4,000,000. It is the 9 intent of the general assembly that the amount of any 10 deficit will be appropriated by the general assembly 11 during its 2012 regular session for purposes of 12 supporting the operation of the veterinary diagnostic 13 laboratory for the fiscal year beginning July 1, 2012, 14 and ending June 30, 2013. 15 DIVISION IV 16 ENVIRONMENT FIRST FUND 17 GENERAL APPROPRIATIONS FOR FY 2011-2012 18 Sec. 14. DEPARTMENT OF AGRICULTURE AND LAND 19 STEWARDSHIP. There is appropriated from the 20 environment first fund created in section 8.57A to the 21 department of agriculture and land stewardship for the 22 fiscal year beginning July 1, 2011, and ending June 30, 23 2012, the following amounts, or so much thereof as is 24 necessary, to be used for the purposes designated: 25 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 26 a. For the conservation reserve enhancement program 27 to restore and construct wetlands for the purposes of 28 intercepting tile line runoff, reducing nutrient loss, 29 improving water quality, and enhancing agricultural 30 production practices: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 32 b. Not more than 10 percent of the moneys 33 appropriated in paragraph “a” may be used for costs of 34 administration and implementation of soil and water 35 conservation practices. 36 c. Notwithstanding any other provision in law, 37 the department may provide state resources from this 38 appropriation, in combination with other appropriate 39 environment first fund appropriations, for cost sharing 40 to match United States department of agriculture, 41 natural resources conservation service, wetlands 42 reserve enhancement program (WREP) funding available 43 to Iowa. 44 2. WATERSHED PROTECTION 45 a. For continuation of a program that provides 46 multiobjective resource protections for flood control, 47 water quality, erosion control, and natural resource 48 conservation: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 900,000 50 -6- S3227.3343 (38) 84 da/jp 6/ 30
b. Not more than 10 percent of the moneys 1 appropriated in paragraph “a” may be used for costs of 2 administration and implementation of soil and water 3 conservation practices. 4 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 5 a. For continuation of a statewide voluntary farm 6 management demonstration program to demonstrate the 7 effectiveness and adaptability of emerging practices in 8 agronomy that protect water resources and provide other 9 environmental benefits: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 525,000 11 b. Not more than 10 percent of the moneys 12 appropriated in paragraph “a” may be used for costs of 13 administration and implementation of soil and water 14 conservation practices. 15 c. The department of agriculture and land 16 stewardship shall allocate an amount of moneys 17 appropriated in paragraph “a” to an organization 18 representing soybean growers for purposes of supporting 19 an agriculture and environment performance program in 20 order to carry out the purposes of this subsection as 21 specified in paragraph “a”. The amount of the moneys 22 allocated shall be determined by the secretary of 23 agriculture. 24 4. SOIL AND WATER CONSERVATION —— ADMINISTRATION 25 For use by the department for costs of 26 administration and implementation of soil and water 27 conservation practices: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 29 5. CONSERVATION RESERVE PROGRAM (CRP) 30 a. To encourage and assist farmers in enrolling 31 in and the implementation of the federal conservation 32 reserve program and to work with them to enhance their 33 revegetation efforts to improve water quality and 34 habitat: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 36 b. Not more than 10 percent of the moneys 37 appropriated in paragraph “a” may be used for costs of 38 administration and implementation of soil and water 39 conservation practices. 40 6. SOIL AND WATER CONSERVATION 41 a. For use by the department in providing for soil 42 and water conservation administration, the conservation 43 of soil and water resources, or the support of soil and 44 water conservation district commissioners: 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,300,000 46 b. Not more than 5 percent of the moneys 47 appropriated in paragraph “a” may be allocated for 48 cost sharing to address complaints filed under section 49 161A.47. 50 -7- S3227.3343 (38) 84 da/jp 7/ 30
c. Of the moneys appropriated in paragraph “a”, 1 5 percent shall be allocated for financial incentives 2 to establish practices to protect watersheds above 3 publicly owned lakes of the state from soil erosion and 4 sediment as provided in section 161A.73. 5 d. Not more than 30 percent of a soil and water 6 conservation district’s allocation of moneys as 7 financial incentives may be provided for the purpose 8 of establishing management practices to control soil 9 erosion on land that is row cropped, including but 10 not limited to no-till planting, ridge-till planting, 11 contouring, and contour strip-cropping as provided in 12 section 161A.73. 13 e. The state soil conservation committee 14 established by section 161A.4 may allocate moneys 15 appropriated in paragraph “a” to conduct research and 16 demonstration projects to promote conservation tillage 17 and nonpoint source pollution control practices. 18 f. The allocation of moneys as financial incentives 19 as provided in section 161A.73 may be used in 20 combination with moneys allocated by the department of 21 natural resources. 22 g. Not more than 15 percent of the moneys 23 appropriated in paragraph “a” may be used for costs of 24 administration and implementation of soil and water 25 conservation practices. 26 h. In lieu of moneys appropriated in section 27 466A.5, not more than $50,000 of the moneys 28 appropriated in paragraph “a” shall be used by the soil 29 conservation division of the department of agriculture 30 and land stewardship to provide administrative support 31 to the watershed improvement review board established 32 in section 466A.3. 33 Sec. 15. DEPARTMENT OF NATURAL RESOURCES. There is 34 appropriated from the environment first fund created in 35 section 8.57A to the department of natural resources 36 for the fiscal year beginning July 1, 2011, and ending 37 June 30, 2012, the following amounts, or so much 38 thereof as is necessary, to be used for the purposes 39 designated: 40 1. KEEPERS OF THE LAND 41 For statewide coordination of volunteer efforts 42 under the water quality and keepers of the land 43 programs: 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 45 2. STATE PARKS MAINTENANCE AND OPERATIONS 46 For regular maintenance of state parks and staff 47 time associated with these activities: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,410,000 49 3. FORESTRY HEALTH MANAGEMENT 50 -8- S3227.3343 (38) 84 da/jp 8/ 30
To provide for forestry health management programs: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 2 4. GEOGRAPHIC INFORMATION SYSTEM (GIS) 3 To provide local watershed managers with geographic 4 information system data for their use in developing, 5 monitoring, and displaying results of their watershed 6 work: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,000 8 5. WATER QUALITY MONITORING 9 For continuing the establishment and operation of 10 water quality monitoring stations: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,955,000 12 6. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 13 For deposit in the public water supply system 14 account of the water quality protection fund created 15 in section 455B.183A: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 17 7. REGULATION OF ANIMAL FEEDING OPERATIONS 18 For the regulation of animal feeding operations, 19 including as provided for in chapters 459 through 459B: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 520,000 21 8. AMBIENT AIR QUALITY 22 For the abatement, control, and prevention of 23 ambient air pollution in this state, including measures 24 as necessary to assure attainment and maintenance of 25 ambient air quality standards from particulate matter: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 27 9. WATER QUANTITY REGULATION 28 For regulating water quantity from surface and 29 subsurface sources by providing for the allocation and 30 use of water resources, the protection and management 31 of water resources, and the preclusion of conflicts 32 among users of water resources, including as provided 33 in chapter 455B, division III, part 4: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 35 10. GEOLOGICAL AND WATER SURVEY 36 For continuing the operations of the department’s 37 geological and water survey including but not limited 38 to providing analysis, data collection, investigative 39 programs, and information for water supply development 40 and protection: 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 42 Sec. 16. REVERSION. Notwithstanding section 8.33, 43 moneys appropriated for the fiscal year beginning 44 July 1, 2011, in this division of this Act that remain 45 unencumbered or unobligated at the close of the fiscal 46 year shall not revert but shall remain available to 47 be used for the purposes designated until the close 48 of the fiscal year beginning July 1, 2012, or until 49 the project for which the appropriation was made is 50 -9- S3227.3343 (38) 84 da/jp 9/ 30
completed, whichever is earlier. 1 DIVISION V 2 RESOURCES ENHANCEMENT AND PROTECTION 3 (REAP) FUND FOR FY 2011-2012 4 GENERAL APPROPRIATIONS 5 Sec. 17. ENVIRONMENT FIRST FUND. Notwithstanding 6 the amount of the standing appropriation from the 7 general fund of the state to the Iowa resources 8 enhancement and protection fund as provided in section 9 455A.18, there is appropriated from the environment 10 first fund created in section 8.57A to the Iowa 11 resources enhancement and protection fund, in lieu of 12 the appropriation made in section 455A.18, for the 13 fiscal year beginning July 1, 2011, and ending June 30, 14 2012, the following amount, to be allocated as provided 15 in section 455A.19: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,375,000 17 DIVISION VI 18 AGRICULTURAL DRAINAGE WELL CLOSURE 19 Sec. 18. REPORT. The department of agriculture 20 and land stewardship shall prepare a report regarding 21 agricultural drainage wells that have not been closed 22 as provided in chapter 460. The report shall include 23 an inventory of agricultural drainage wells that 24 remain unclosed, a projected timeline for closing the 25 agricultural drainage wells, and an estimate of the 26 costs for closing each agricultural drainage well. The 27 department shall submit the report to the governor and 28 fiscal services division of the legislative services 29 agency not later than November 15, 2011. 30 DIVISION VII 31 SOIL NUTRIENT MASS STUDY 32 Sec. 19. WATERSHED IMPROVEMENT REVIEW BOARD. 33 1. Notwithstanding any provision to the contrary in 34 chapter 466A, the watershed improvement review board 35 established in section 466A.3 may authorize up to fifty 36 thousand dollars of moneys available in the watershed 37 improvement fund created in section 466A.2, for the 38 fiscal period beginning July 1, 2011, and ending 39 January 1, 2013, to finance a study of soil nutrient 40 mass balance issues. 41 2. The study financed by the board under this 42 section shall be conducted by the department of 43 agriculture and land stewardship in cooperation with 44 the Iowa state university college of agriculture. 45 The department, in cooperation with the college of 46 agriculture, shall study the leaching of nutrients from 47 the soil; the related impacts on soil sustainability; 48 productivity; water quality, including erosion, 49 sediment, and phosphorus attached to sediment; and the 50 -10- S3227.3343 (38) 84 da/jp 10/ 30
soil’s capacity to absorb and hold water. 1 3. The department of agriculture and land 2 stewardship shall submit the results of the study 3 financed by the board under this section to the board, 4 the governor, and general assembly by January 10, 2013. 5 DIVISION VIII 6 ELIMINATION OF POSITION AND EXPENDITURE OF MONEYS 7 Sec. 20. ELIMINATION OF CHIEF AND ASSISTANT CHIEF 8 OF THE LAW ENFORCEMENT BUREAU OF THE DEPARTMENT OF 9 NATURAL RESOURCES. Effective August 1, 2011, the 10 position of assistant chief of the law enforcement 11 bureau of the department of natural resources is 12 eliminated. 13 Sec. 21. USE OF MONEYS SAVED FROM THE ELIMINATION 14 OF POSITION —— ADDITIONAL CONSERVATION OFFICER. For 15 the fiscal year beginning July 1, 2011, and ending June 16 30, 2012, the department of natural resources shall 17 use moneys saved by the elimination of the position 18 of assistant chief of the law enforcement bureau of 19 the department of natural resources as provided in 20 this division for purposes of supporting an additional 21 full-time equivalent position including salaries, 22 support, maintenance, and miscellaneous purposes. The 23 full-time equivalent position shall be a conservation 24 officer assigned to field duties. 25 DIVISION IX 26 AGRICULTURE AND NATURAL RESOURCES 27 DEPARTMENT OF NATURAL RESOURCES 28 USE OF MONEYS IN THE STATE FISH AND GAME PROTECTION 29 FUND FOR FY 2010-2011 30 Sec. 22. USE OF MONEYS —— RADIOS. 31 1. Notwithstanding 2010 Iowa Acts, chapter 1191, 32 section 7, the department of natural resources may use 33 the unappropriated balance remaining in the state fish 34 and game protection fund for the fiscal year beginning 35 July 1, 2010, and ending June 30, 2011, to purchase 36 mobile radios to meet federal and state requirements 37 for homeland security and public safety. This section 38 applies to those moneys in the fund that are not 39 otherwise used, obligated, or encumbered for payment 40 of health and life insurance premium payments for 41 conservation peace officer retirements for that fiscal 42 year. The department may use such moneys until October 43 31, 2011. 44 2. Of the amount appropriated in subsection 1, 45 the department of natural resources may enter into 46 a public-private partnership, through a competitive 47 bidding process, for the provision of the statewide 48 network and the purchase of compatible equipment. 49 3. On or before January 13, 2012, the department of 50 -11- S3227.3343 (38) 84 da/jp 11/ 30
natural resources in cooperation with the department of 1 public safety shall provide a report to the legislative 2 services agency and the department of management. 3 The report shall detail the status of the moneys 4 appropriated in subsection 1 and shall include the 5 estimated needs of the department of natural resources 6 to achieve interoperability and to meet the federal 7 narrowbanding mandate, any changes in estimated costs 8 to meet those needs, and the status of requests for 9 proposals to develop a public-private partnership. 10 Sec. 23. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 11 APPLICABILITY. This division of this Act, being deemed 12 of immediate importance, takes effect upon enactment 13 and, if approved by the governor on or after July 1, 14 2011, shall apply retroactively to June 30, 2011. 15 DIVISION X 16 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 17 RURAL IMPROVEMENT ZONES 18 Sec. 24. Section 357H.7, Code 2011, is amended to 19 read as follows: 20 357H.7 Board of trustees —— power. 21 The trustees of a rural improvement zone elected 22 pursuant to section 357H.6 shall constitute the board 23 of trustees of the zone and shall manage and control 24 the affairs, property, and facilities of the zone. The 25 board of trustees shall elect a president, a clerk, 26 and a treasurer from its membership. The trustees 27 may authorize construction, reconstruction, or repair 28 of improvements within the zone following procedures 29 set out in section 331.341 . For these purposes, the 30 trustees may purchase material, employ personnel, 31 acquire real estate and interests in real estate, and 32 perform all other acts necessary to properly maintain 33 and operate the zone. The trustees are allowed 34 necessary expenses in the discharge of their duties, 35 but they shall not receive salaries. 36 DIVISION XI 37 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 38 GROUNDWATER PROTECTION FUND 39 Sec. 25. Section 455E.11, subsection 2, paragraph 40 a, subparagraph (1), subparagraph division (a), 41 subparagraph subdivision (ii), subparagraph part (B), 42 Code 2011, is amended to read as follows: 43 (B) Expend not more than fifty percent of the 44 moneys for a community partnership program designed to 45 support community beautification projects including 46 the deconstruction, renovation, or removal of derelict 47 buildings. Eligible communities are limited to cities 48 of five thousand or fewer in population. Eligible 49 costs shall include but are not limited to asbestos 50 -12- S3227.3343 (38) 84 da/jp 12/ 30
abatement and removal, the recovery and processing 1 of recyclable or reusable material from derelict 2 buildings, and reimbursement for purchased recycled 3 content materials used in the renovation of buildings. 4 Special consideration may be given to communities that 5 hire the unemployed to deconstruct structures, clean 6 up the properties, and, if there is no immediate buyer 7 for the properties, turn the properties into green 8 spaces. Any business entity or individual engaged in 9 the removal or abatement of asbestos must have obtained 10 a valid license or permit as required in chapter 88B . 11 Sec. 26. Section 455E.11, subsection 2, paragraph 12 a, subparagraph (1), Code 2011, is amended by adding 13 the following new subparagraph division: 14 NEW SUBPARAGRAPH DIVISION . (0e) Not more than 15 four hundred thousand dollars to the department for 16 purposes of providing funding assistance to eligible 17 communities to address abandoned buildings by promoting 18 waste abatement, diversion, selective dismantlement 19 of building components, and recycling. Eligible 20 communities include a city with a population of 21 five thousand or fewer. Eligible costs for program 22 assistance include but are not limited to asbestos and 23 other hazardous material abatement and removal, the 24 recovery processing of recyclable or reusable material 25 through the selective dismantlement of abandoned 26 buildings, and reimbursement for purchased recycled 27 content materials used in the renovation of buildings. 28 For projects that support community beautification, the 29 department may elect to administer funding to eligible 30 communities in collaboration with the organization 31 awarded the beautification grant in accordance with 32 subparagraph division (a), subparagraph subdivision 33 (i). 34 DIVISION XII 35 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 36 IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK 37 FUND 38 Sec. 27. Section 455G.3, subsections 6 through 8, 39 Code 2011, are amended to read as follows: 40 6. a. For the fiscal year beginning July 1, 41 2010, and each fiscal year thereafter, there is 42 appropriated from the Iowa comprehensive petroleum 43 underground storage tank fund to the department of 44 natural resources two hundred thousand dollars for 45 purposes of technical review support to be conducted 46 by nongovernmental entities for leaking underground 47 storage tank assessments. 48 b. Notwithstanding section 8.33, moneys 49 appropriated in this subsection that remain 50 -13- S3227.3343 (38) 84 da/jp 13/ 30
unencumbered or unobligated at the close of the fiscal 1 year shall not revert but shall remain available for 2 expenditure for the purposes designated until the close 3 of the succeeding fiscal year. 4 7. a. For the fiscal year beginning July 1, 2010, 5 there is appropriated from the Iowa comprehensive 6 petroleum underground storage tank fund to the 7 department of natural resources one hundred thousand 8 dollars for purposes of database modifications 9 necessary to accept batched external data regarding 10 underground storage tank inspections conducted by 11 nongovernmental entities. 12 b. Notwithstanding section 8.33, moneys 13 appropriated in this subsection that remain 14 unencumbered or unobligated at the close of the fiscal 15 year shall not revert but shall remain available for 16 expenditure for the purposes designated until the close 17 of the succeeding fiscal year. 18 8. a. For the fiscal year beginning July 1, 2010, 19 and each fiscal year thereafter, there is appropriated 20 from the Iowa comprehensive petroleum underground 21 storage tank fund to the department of agriculture and 22 land stewardship two hundred fifty thousand dollars 23 for the sole and exclusive purpose of inspecting 24 fuel quality at pipeline terminals and renewable fuel 25 production facilities, including salaries, support, 26 maintenance, and miscellaneous purposes. 27 b. Notwithstanding section 8.33, moneys 28 appropriated in this subsection that remain 29 unencumbered or unobligated at the close of the fiscal 30 year shall not revert but shall remain available for 31 expenditure for the purposes designated until the close 32 of the succeeding fiscal year. 33 Sec. 28. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 34 APPLICABILITY. This division of this Act, being deemed 35 of immediate importance, takes effect upon enactment 36 and, if approved by the governor on or after July 1, 37 2011, shall apply retroactively to June 30, 2011. 38 DIVISION XIII 39 AGRICULTURE AND NATURAL RESOURCES 40 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2011 —— 41 LOCAL FOOD AND FARM INITIATIVE 42 Sec. 29. NEW SECTION . 267A.1 Purpose and goals. 43 1. The purpose of this chapter is to empower 44 farmers and food entrepreneurs to provide for strong 45 local food economies that promote self-sufficiency 46 and job growth in the agricultural sector and allied 47 sectors of the economy. 48 2. The goals of this chapter are to accomplish all 49 of the following: 50 -14- S3227.3343 (38) 84 da/jp 14/ 30
a. Promote the expansion of the production of local 1 foods, including all of the following: 2 (1) The production of Iowa-grown food, including 3 but not limited to livestock, eggs, milk, fruit, 4 vegetables, grains, herbs, honey, and nuts. 5 (2) The processing of Iowa-grown agricultural 6 products into food products, including canning, 7 freezing, dehydrating, bottling, or otherwise packaging 8 and preserving such products. 9 (3) The distribution and marketing of fresh and 10 processed Iowa-grown agricultural food products to 11 markets in this state and neighboring states. 12 b. Increase consumer and institutional spending on 13 Iowa-produced and marketed foods. 14 c. Increase the profitability of farmers and 15 businesses engaged in enterprises related to producing, 16 processing, distributing, and marketing local food. 17 d. Increase the number of jobs in this state’s 18 farm and business economies associated with producing, 19 processing, distributing, and marketing local food. 20 Sec. 30. NEW SECTION . 267A.2 Definitions. 21 As used in this section, unless the context 22 otherwise requires: 23 1. “Coordinator” means the local food and farm 24 program coordinator created in section 267A.4. 25 2. “Council” means the local food and farm program 26 council established in section 267A.3. 27 3. “Department” means the department of agriculture 28 and land stewardship. 29 4. “Fund” means the local food and farm program 30 fund created in section 267A.5. 31 Sec. 31. NEW SECTION . 267A.3 Local food and farm 32 program council. 33 1. A local food and farm program council is 34 established to advise the local food and farm program 35 coordinator carrying out the purpose and goals of this 36 chapter as provided in section 267A.1. 37 2. The council shall be composed of the following 38 voting members: 39 a. The secretary of agriculture or the secretary’s 40 designee. 41 b. Members appointed by the designated 42 organizations, at the discretion of the organization, 43 to represent the private sector as follows: 44 (1) One person by the practical farmers of Iowa who 45 is involved in local food production. 46 (2) One person by the Iowa farmers market 47 association. 48 c. Members appointed by the governor to represent 49 public or private entities involved in local food 50 -15- S3227.3343 (38) 84 da/jp 15/ 30
distribution, marketing, or processing as follows: 1 (1) One person who is associated with a resource 2 conservation and development office in this state. 3 (2) One person actively engaged in the distribution 4 of local food to processors, wholesalers, or retailers. 5 (3) One person from the regional food systems 6 working group who is actively engaged or an expert in 7 local food. 8 3. A member designated by the secretary of 9 agriculture shall serve at the pleasure of the 10 secretary. A member appointed by an organization shall 11 serve at the pleasure of that organization. A member 12 appointed by the governor shall serve at the pleasure 13 of the governor. 14 4. The council shall be part of the department. 15 The department shall perform administrative functions 16 necessary for the operation of the council. 17 5. The council shall elect a chairperson from among 18 its members each year on a rotating basis as provided 19 by the council. The council shall meet on a regular 20 basis and at the call of the chairperson or upon the 21 written request to the chairperson of a majority of the 22 members. 23 6. The members of the council shall not receive 24 compensation for their services including as provided 25 in section 7E.6. However, the members may be 26 reimbursed for their actual and necessary expenses 27 incurred in the performance of their duties as members 28 of the council if allowed by the council. 29 7. A majority of the members constitutes a quorum 30 and the affirmative vote of a majority of the members 31 present is necessary for any substantive action to 32 be taken by the council. The majority shall not 33 include any member who has a conflict of interest and a 34 statement by a member that the member has a conflict 35 of interest is conclusive for this purpose. A vacancy 36 in the membership does not impair the duties of the 37 council. 38 Sec. 32. NEW SECTION . 267A.4 Local food and farm 39 program coordinator. 40 The position of local food and farm program 41 coordinator is created within Iowa state university 42 as part of its cooperative extension service in 43 agriculture and home economics. The coordinator shall 44 be the primary state official charged with carrying out 45 the purposes and goals of this chapter. 46 Sec. 33. NEW SECTION . 267A.5 Local food and farm 47 program fund. 48 A local food and farm program fund is created in the 49 state treasury under the control of the department. 50 -16- S3227.3343 (38) 84 da/jp 16/ 30
The fund is separate from the general fund of the 1 state. The fund is composed of moneys appropriated 2 by the general assembly and moneys available to and 3 obtained or accepted by the local food and farm program 4 from the United States government or private sources 5 for placement in the fund. Moneys in the fund shall 6 be used to carry out the purpose and goals of this 7 chapter as provided in section 267A.1, including but 8 not limited to administering the local food and farm 9 program as provided in section 267A.6. The fund shall 10 be managed by the department in consultation with the 11 local food and farm coordinator, under the supervision 12 of the local food and farm program council. 13 Sec. 34. NEW SECTION . 267A.6 Local food and farm 14 program. 15 The local food and farm program coordinator, with 16 advice from the local food and farm program council, 17 shall develop and administer a local food and farm 18 program necessary to carry out the purpose and goals of 19 this chapter as provided in section 267A.1, including 20 but not limited to by improving any of the following: 21 1. Communication and cooperation between and among 22 farmers, food entrepreneurs, and consumers. 23 2. Coordination between and among government 24 agencies, public universities and community colleges, 25 organizations, and private-sector firms working on 26 local food and farm-related issues. 27 Sec. 35. NEW SECTION . 267A.7 Local food and farm 28 program report. 29 The local food and farm program coordinator shall 30 prepare an annual report dated June 30, which shall 31 evaluate the state’s progress in accomplishing the 32 purpose and goals of this chapter. The report shall 33 be delivered to the governor and general assembly not 34 later than October 1 of each year. 35 DIVISION XIV 36 AGRICULTURE AND NATURAL RESOURCES 37 RELATED STATUTORY CHANGES FOR CODIFICATION 38 IN 2011 —— ANIMAL AGRICULTURE 39 COMPLIANCE CIVIL PENALTIES 40 Sec. 36. Section 455B.109, subsection 5, Code 2011, 41 is amended by striking the subsection and inserting in 42 lieu thereof the following: 43 5. a. Except as provided in paragraph “b” , all 44 civil penalties assessed by the department and interest 45 on the civil penalties shall be deposited in the 46 general fund of the state. 47 b. Civil penalties assessed and collected by or 48 on behalf of the department and interest on the civil 49 penalties as provided in sections 459.602, 459.603, 50 -17- S3227.3343 (38) 84 da/jp 17/ 30
459.604, 459A.502, and 459B.402 shall be deposited 1 into the watershed improvement fund created in section 2 466A.2. 3 Sec. 37. Section 459.401, subsection 2, paragraph 4 a, subparagraph (5), Code 2011, is amended by striking 5 the subparagraph. 6 Sec. 38. Section 459.602, Code 2011, is amended to 7 read as follows: 8 459.602 Air quality violations —— civil penalty. 9 A person who violates subchapter II shall be 10 subject to a civil penalty which shall be established, 11 assessed, and collected in the same manner as provided 12 in section 455B.109 . Any civil penalty collected shall 13 be deposited in the animal agriculture compliance 14 fund created in section 459.401 into the watershed 15 improvement fund created in section 466A.2 . 16 Sec. 39. Section 459.603, Code 2011, is amended to 17 read as follows: 18 459.603 Water quality violations —— civil penalty. 19 A person who violates subchapter III shall be 20 subject to a civil penalty which shall be established, 21 assessed, and collected in the same manner as provided 22 in section 455B.109 or 455B.191 . Any civil penalty 23 collected shall be deposited in the animal agriculture 24 compliance fund created in section 459.401 into the 25 watershed improvement fund created in section 466A.2 . 26 Sec. 40. Section 459.604, subsection 2, Code 2011, 27 is amended to read as follows: 28 2. Moneys assessed and collected in civil penalties 29 and interest earned on civil penalties, arising out 30 of a violation involving an animal feeding operation, 31 shall be deposited in the animal agriculture compliance 32 fund as created in section 459.401 into the watershed 33 improvement fund created in section 466A.2 . 34 Sec. 41. Section 459A.502, Code 2011, is amended to 35 read as follows: 36 459A.502 Violations —— civil penalty. 37 A person who violates this chapter shall be subject 38 to a civil penalty which shall be established, 39 assessed, and collected in the same manner as provided 40 in section 455B.191 . Any civil penalty collected and 41 interest on a civil penalty shall be deposited in the 42 animal agriculture compliance fund created in section 43 459.401 into the watershed improvement fund created in 44 section 466A.2 . A person shall not be subject to a 45 penalty under this section and a penalty under section 46 459.603 for the same violation. 47 Sec. 42. Section 459B.402, Code 2011, is amended to 48 read as follows: 49 459B.402 Violations —— civil penalty. 50 -18- S3227.3343 (38) 84 da/jp 18/ 30
A person who violates section 459B.301 shall be 1 subject to the same penalty as provided in section 2 459.602 , and a person who violates any other provision 3 of this chapter shall be subject to the same penalty 4 as provided in section 459.603 . Any civil penalty 5 collected shall be deposited in the animal agriculture 6 compliance fund created in section 459.401 into the 7 watershed improvement fund created in section 466A.2 . 8 Sec. 43. Section 466A.2, subsection 1, Code 2011, 9 is amended to read as follows: 10 1. a. A watershed improvement fund is created in 11 the state treasury which shall be administered by the 12 treasurer of state upon direction under the supervision 13 of the watershed improvement review board. Moneys in 14 the fund are appropriated to the treasurer of state for 15 expenditure as authorized by the board to carry out the 16 purposes of this chapter. 17 b. The fund shall include a general account and 18 special account. 19 (1) Moneys Other than as provided in subparagraph 20 (2), the general account shall include all moneys 21 appropriated to the fund and any other moneys available 22 to and obtained or accepted by the treasurer of state 23 for placement in the fund shall be deposited in the 24 fund. Additionally, payments of interest, recaptures 25 of awards, and other repayments to the fund account 26 shall be deposited in the fund account . 27 (2) The special account shall exclusively include 28 moneys assessed and collected by or on behalf of 29 the department of natural resources as provided in 30 sections 455B.109, 459.602, 459.603, 459.604, 459A.502, 31 and 459B.402. Additionally, payments of interest, 32 recaptures of awards, and other repayments to the 33 account shall be deposited in the account. 34 c. Notwithstanding section 12C.7, subsection 2 , 35 interest or earnings on moneys in the fund an account 36 of the fund that shall be credited to the fund that 37 account . 38 d. Notwithstanding section 8.33 , moneys in the fund 39 that remain unencumbered or unobligated at the end of 40 the fiscal year shall not revert, but shall remain 41 available for the same purpose in the succeeding fiscal 42 year. 43 e. The moneys Moneys in the fund general account of 44 the fund shall be used exclusively for carrying out the 45 purposes of the fund as provided in this section this 46 chapter . Moneys in the special account of the fund 47 shall be used exclusively by the board for purposes 48 of awarding local watershed improvement grants and 49 monitoring the progress of local watershed improvement 50 -19- S3227.3343 (38) 84 da/jp 19/ 30
projects awarded grants as provided in section 466A.3. 1 f. Moneys appropriated to the treasurer of state 2 and deposited in the fund shall not be used by the 3 treasurer of state for its administrative purposes. 4 Sec. 44. Section 466A.3, subsection 4, unnumbered 5 paragraph 1, Code 2011, is amended to read as follows: 6 The watershed improvement review board shall carry 7 out the purposes of this chapter as provided in section 8 466A.2, including by determining how moneys are to 9 be expended from the watershed improvement fund and 10 authorizing the expenditure of moneys from the fund. 11 In carrying out those purposes, the board shall do all 12 of the following: 13 Sec. 45. Section 466A.3, subsection 4, paragraph a, 14 Code 2011, is amended to read as follows: 15 a. Award local watershed improvement grants and 16 monitor the progress of local watershed improvement 17 projects awarded grants. 18 (1) A local watershed improvement grant may be 19 awarded for an original period not to exceed five 20 years. However, during those five years, the board 21 may extend the period of the award for up to five 22 additional years after the date that the original 23 period would have ended. 24 (2) Each local watershed improvement grant awarded 25 shall not exceed ten percent of the moneys appropriated 26 for the grants during a fiscal year. 27 (3) Moneys deposited into the fund’s special 28 account shall be used exclusively for awarding local 29 watershed improvement grants and monitoring the 30 progress of local watershed improvement projects 31 awarded grants as provided in this paragraph “a” . 32 However, any other moneys may also be used for awarding 33 grants and monitoring the progress of projects. 34 Sec. 46. Section 466A.5, Code 2011, is amended to 35 read as follows: 36 466A.5 Administration. 37 The soil conservation division of the department 38 of agriculture and land stewardship shall provide 39 administrative support to the board. Not more than one 40 percent of the total moneys deposited in the general 41 account of the watershed improvement fund on July 1 of 42 a fiscal year or fifty thousand dollars, whichever is 43 less, is appropriated each fiscal year to the division 44 for the purposes of assisting the watershed improvement 45 review board in administering this chapter . 46 DIVISION XV 47 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 48 GENERAL APPROPRIATIONS FOR FY 2012-2013 49 Sec. 47. GENERAL FUND —— DEPARTMENT. 50 -20- S3227.3343 (38) 84 da/jp 20/ 30
1. There is appropriated from the general fund of 1 the state to the department of agriculture and land 2 stewardship for the fiscal year beginning July 1, 2012, 3 and ending June 30, 2013, the following amount, or 4 so much thereof as is necessary, to be used for the 5 purposes designated: 6 For purposes of supporting the department, including 7 its divisions, for administration, regulation, and 8 programs; for salaries, support, maintenance, and 9 miscellaneous purposes; and for not more than the 10 following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,343,252 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 347.00 13 2. The department shall submit a report each 14 quarter of the fiscal year to the legislative services 15 agency, the department of management, the members of 16 the joint appropriations subcommittee on agriculture 17 and natural resources, and the chairpersons and 18 ranking members of the senate and house committees on 19 appropriations. The report shall describe in detail 20 the expenditure of moneys appropriated in this section 21 to support the department’s administration, regulation, 22 and programs. 23 3. Of the amount appropriated in this section, 24 $119,000 is transferred to Iowa state university of 25 science and technology, to be used for the university’s 26 midwest grape and wine industry institute. 27 DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY 28 Sec. 48. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 29 HORSE AND DOG RACING. There is appropriated from the 30 moneys available under section 99D.13 to the department 31 of agriculture and land stewardship for the fiscal year 32 beginning July 1, 2012, and ending June 30, 2013, the 33 following amount, or so much thereof as is necessary, 34 to be used for the purposes designated: 35 For purposes of supporting the department’s 36 administration and enforcement of horse and dog racing 37 law pursuant to section 99D.22, including for salaries, 38 support, maintenance, and miscellaneous purposes: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 152,758 40 DESIGNATED APPROPRIATIONS —— MOTOR FUEL 41 Sec. 49. RENEWABLE FUEL INFRASTRUCTURE FUND —— 42 MOTOR FUEL INSPECTION. There is appropriated from 43 the renewable fuel infrastructure fund created in 44 section 15G.205 to the department of agriculture and 45 land stewardship for the fiscal year beginning July 1, 46 2012, and ending June 30, 2013, the following amount, 47 or so much thereof as is necessary, to be used for the 48 purposes designated: 49 For purposes of the inspection of motor fuel, 50 -21- S3227.3343 (38) 84 da/jp 21/ 30
including salaries, support, maintenance, and 1 miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 3 The department shall establish and administer 4 programs for the auditing of motor fuel including 5 biofuel processing and production plants, for screening 6 and testing motor fuel, including renewable fuel, 7 and for the inspection of motor fuel sold by dealers 8 including retail dealers who sell and dispense motor 9 fuel from motor fuel pumps. 10 DESIGNATED APPROPRIATIONS —— LOCAL FOOD AND FARM 11 COORDINATOR 12 Sec. 50. APPROPRIATION —— DEPARTMENT OF AGRICULTURE 13 AND LAND STEWARDSHIP —— LOCAL FOOD AND FARM PROGRAM 14 COORDINATOR. 15 1. There is appropriated from the general fund of 16 the state to the department of agriculture and land 17 stewardship for the fiscal year beginning July 1, 2012, 18 and ending June 30, 2013, the following amount, or 19 so much thereof as is necessary, to be used for the 20 purposes designated: 21 For purposes of supporting a local food and farm 22 program coordinator as provided in chapter 267A, 23 as enacted by this Act, for salaries, support, 24 maintenance, and miscellaneous purposes, and for not 25 more than the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 28 2. The department shall enter into a cost-sharing 29 agreement with Iowa state university to support 30 the local food and farm program coordinator. The 31 coordinator shall be stationed at Iowa state university 32 as provided in chapter 267A, as enacted by this Act. 33 DESIGNATED APPROPRIATIONS —— AGRICULTURAL EDUCATION 34 Sec. 51. AGRICULTURAL EDUCATION. There is 35 appropriated from the general fund of the state to the 36 department of agriculture and land stewardship for the 37 fiscal year beginning July 1, 2012, and ending June 30, 38 2013, the following amount, or so much thereof as is 39 necessary, to be used for the purposes designated: 40 For purposes of allocating moneys to an Iowa 41 association affiliated with a national organization 42 which promotes agricultural education providing for 43 future farmers: 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 45 DIVISION XVI 46 DEPARTMENT OF NATURAL RESOURCES 47 GENERAL APPROPRIATIONS FOR FY 2012-2013 48 Sec. 52. GENERAL FUND —— DEPARTMENT. 49 1. There is appropriated from the general fund of 50 -22- S3227.3343 (38) 84 da/jp 22/ 30
the state to the department of natural resources for 1 the fiscal year beginning July 1, 2012, and ending June 2 30, 2013, the following amount, or so much thereof as 3 is necessary, to be used for the purposes designated: 4 For purposes of supporting the department, including 5 its divisions, for administration, regulation, and 6 programs; for salaries, support, maintenance, and 7 miscellaneous purposes; and for not more than the 8 following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,145,844 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 11 2. Of the number of full-time equivalent positions 12 authorized to the department pursuant to subsection 1, 13 50.00 full-time equivalent positions shall be allocated 14 by the department for seasonal employees for purposes 15 of providing maintenance, upkeep, and sanitary services 16 at state parks. 17 3. The department shall submit a report each 18 quarter of the fiscal year to the legislative services 19 agency, the department of management, the members of 20 the joint appropriations subcommittee on agriculture 21 and natural resources, and the chairpersons and 22 ranking members of the senate and house committees on 23 appropriations. The report shall describe in detail 24 the expenditure of moneys appropriated under this 25 section to support the department’s administration, 26 regulation, and programs. 27 Sec. 53. STATE FISH AND GAME PROTECTION FUND —— 28 DIVISION OF FISH AND WILDLIFE. 29 1. There is appropriated from the state fish and 30 game protection fund to the department of natural 31 resources for the fiscal year beginning July 1, 2012, 32 and ending June 30, 2013, the following amount, or 33 so much thereof as is necessary, to be used for the 34 purposes designated: 35 For purposes of supporting the division of fish and 36 wildlife, including for administration, regulation, 37 and programs; and for salaries, support, maintenance, 38 equipment, and miscellaneous purposes: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,396,577 40 2. Notwithstanding section 455A.10, the department 41 may use the unappropriated balance remaining in the 42 state fish and game protection fund to provide for the 43 funding of health and life insurance premium payments 44 from unused sick leave balances of conservation peace 45 officers employed in a protection occupation who 46 retire, pursuant to section 97B.49B. 47 3. Notwithstanding section 455A.10, the department 48 of natural resources may use the unappropriated 49 balance remaining in the state fish and game protection 50 -23- S3227.3343 (38) 84 da/jp 23/ 30
fund for the fiscal year beginning July 1, 2012, 1 and ending June 30, 2013, as is necessary to fund 2 salary adjustments for departmental employees which 3 the general assembly has made an operating budget 4 appropriation for in subsection 1. 5 Sec. 54. GROUNDWATER PROTECTION FUND —— WATER 6 QUALITY. There is appropriated from the groundwater 7 protection fund created in section 455E.11 to the 8 department of natural resources for the fiscal year 9 beginning July 1, 2012, and ending June 30, 2013, from 10 those moneys which are not allocated pursuant to that 11 section, the following amount, or so much thereof as is 12 necessary, to be used for the purposes designated: 13 For purposes of supporting the department’s 14 protection of the state’s groundwater, including 15 for administration, regulation, and programs, and 16 for salaries, support, maintenance, equipment, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,916 19 DESIGNATED APPROPRIATIONS —— MISCELLANEOUS 20 Sec. 55. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE 21 PROGRAM. There is appropriated from the special 22 snowmobile fund created under section 321G.7 to the 23 department of natural resources for the fiscal year 24 beginning July 1, 2012, and ending June 30, 2013, the 25 following amount, or so much thereof as is necessary, 26 to be used for the purpose designated: 27 For purposes of administering and enforcing the 28 state snowmobile programs: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 30 Sec. 56. UNASSIGNED REVENUE FUND —— UNDERGROUND 31 STORAGE TANK SECTION EXPENSES. There is appropriated 32 from the unassigned revenue fund administered by the 33 Iowa comprehensive underground storage tank fund 34 board to the department of natural resources for the 35 fiscal year beginning July 1, 2012, and ending June 30, 36 2013, the following amount, or so much thereof as is 37 necessary, to be used for the purpose designated: 38 For purposes of paying for administration expenses 39 of the department’s underground storage tank section: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 41 Sec. 57. STORM WATER DISCHARGE PERMIT FEES —— 42 SUPPORT FOR SPECIAL PURPOSES. Notwithstanding any 43 contrary provision of state law, for the fiscal year 44 beginning July 1, 2012, and ending June 30, 2013, the 45 department of natural resources may use additional 46 moneys available to the department collected from 47 storm water discharge permit fees as provided in 48 sections 455B.103A and 455B.197 for the staffing of the 49 following additional full-time equivalent positions for 50 -24- S3227.3343 (38) 84 da/jp 24/ 30
the purposes designated: 1 1. For purposes of reducing the department’s 2 floodplain permit backlog: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 4 2. For purposes of implementing the federal total 5 maximum daily load program: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 7 DIVISION XVII 8 IOWA STATE UNIVERSITY 9 APPROPRIATION FOR FY 2012-2013 10 Sec. 58. GENERAL FUND —— VETERINARY DIAGNOSTIC 11 LABORATORY. 12 1. There is appropriated from the general fund 13 of the state to Iowa state university of science and 14 technology for the fiscal year beginning July 1, 2012, 15 and ending June 30, 2013, the following amount, or 16 so much thereof as is necessary, to be used for the 17 purposes designated: 18 For purposes of supporting the college of veterinary 19 medicine for the operation of the veterinary diagnostic 20 laboratory and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,618,818 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 24 2. a. Iowa state university of science and 25 technology shall not reduce the amount that it 26 allocates to support the college of veterinary medicine 27 from any other source due to the appropriation made in 28 this section. 29 b. Paragraph “a” does not apply to a reduction made 30 to support the college of veterinary medicine, if the 31 same percentage of reduction imposed on the college 32 of veterinary medicine is also imposed on all of Iowa 33 state university’s budget units. 34 3. If by June 30, 2013, Iowa state university 35 of science and technology fails to allocate the 36 moneys appropriated in this section to the college of 37 veterinary medicine in accordance with this section, 38 the moneys appropriated in this section for that fiscal 39 year shall revert to the general fund of the state. 40 Sec. 59. VETERINARY DIAGNOSTIC LABORATORY —— 41 FUTURE YEAR. This section applies if appropriations 42 made in this Act and all other Acts enacted by the 43 Eighty-fourth General Assembly during the 2012 regular 44 session and all extraordinary sessions, for the 45 fiscal year beginning July 1, 2012, and ending June 46 30, 2013, for purposes of supporting the operation 47 of the veterinary diagnostic laboratory associated 48 with the college of veterinary medicine at Iowa state 49 university, total less than $4,000,000. It is the 50 -25- S3227.3343 (38) 84 da/jp 25/ 30
intent of the general assembly that the amount of any 1 deficit will be appropriated by the general assembly 2 during its 2013 regular session for purposes of 3 supporting the operation of the veterinary diagnostic 4 laboratory for the fiscal year beginning July 1, 2013, 5 and ending June 30, 2014. 6 DIVISION XVIII 7 ENVIRONMENT FIRST FUND 8 GENERAL APPROPRIATIONS FOR FY 2012-2013 9 Sec. 60. DEPARTMENT OF AGRICULTURE AND LAND 10 STEWARDSHIP. There is appropriated from the 11 environment first fund created in section 8.57A to the 12 department of agriculture and land stewardship for the 13 fiscal year beginning July 1, 2012, and ending June 30, 14 2013, the following amounts, or so much thereof as is 15 necessary, to be used for the purposes designated: 16 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 17 a. For the conservation reserve enhancement program 18 to restore and construct wetlands for the purposes of 19 intercepting tile line runoff, reducing nutrient loss, 20 improving water quality, and enhancing agricultural 21 production practices: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 23 b. Not more than 10 percent of the moneys 24 appropriated in paragraph “a” may be used for costs of 25 administration and implementation of soil and water 26 conservation practices. 27 c. Notwithstanding any other provision in law, 28 the department may provide state resources from this 29 appropriation, in combination with other appropriate 30 environment first fund appropriations, for cost sharing 31 to match United States department of agriculture, 32 natural resources conservation service, wetlands 33 reserve enhancement program (WREP) funding available 34 to Iowa. 35 2. WATERSHED PROTECTION 36 a. For continuation of a program that provides 37 multiobjective resource protections for flood control, 38 water quality, erosion control, and natural resource 39 conservation: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450,000 41 b. Not more than 10 percent of the moneys 42 appropriated in paragraph “a” may be used for costs of 43 administration and implementation of soil and water 44 conservation practices. 45 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 46 a. For continuation of a statewide voluntary farm 47 management demonstration program to demonstrate the 48 effectiveness and adaptability of emerging practices in 49 agronomy that protect water resources and provide other 50 -26- S3227.3343 (38) 84 da/jp 26/ 30
environmental benefits: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262,500 2 b. Not more than 10 percent of the moneys 3 appropriated in paragraph “a” may be used for costs of 4 administration and implementation of soil and water 5 conservation practices. 6 c. The department of agriculture and land 7 stewardship shall allocate an amount of moneys 8 appropriated in paragraph “a” to an organization 9 representing soybean growers for purposes of supporting 10 an agriculture and environment performance program in 11 order to carry out the purposes of this subsection as 12 specified in paragraph “a”. The amount of the moneys 13 allocated shall be determined by the secretary of 14 agriculture. 15 4. SOIL AND WATER CONSERVATION —— ADMINISTRATION 16 For use by the department for costs of 17 administration and implementation of soil and water 18 conservation practices: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 20 5. CONSERVATION RESERVE PROGRAM (CRP) 21 a. To encourage and assist farmers in enrolling 22 in and the implementation of the federal conservation 23 reserve program and to work with them to enhance their 24 revegetation efforts to improve water quality and 25 habitat: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 27 b. Not more than 10 percent of the moneys 28 appropriated in paragraph “a” may be used for costs of 29 administration and implementation of soil and water 30 conservation practices. 31 6. SOIL AND WATER CONSERVATION 32 a. For use by the department in providing for soil 33 and water conservation administration, the conservation 34 of soil and water resources, or the support of soil and 35 water conservation district commissioners: 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,150,000 37 b. Not more than 5 percent of the moneys 38 appropriated in paragraph “a” may be allocated for 39 cost sharing to address complaints filed under section 40 161A.47. 41 c. Of the moneys appropriated in paragraph “a”, 42 5 percent shall be allocated for financial incentives 43 to establish practices to protect watersheds above 44 publicly owned lakes of the state from soil erosion and 45 sediment as provided in section 161A.73. 46 d. Not more than 30 percent of a soil and water 47 conservation district’s allocation of moneys as 48 financial incentives may be provided for the purpose 49 of establishing management practices to control soil 50 -27- S3227.3343 (38) 84 da/jp 27/ 30
erosion on land that is row cropped, including but 1 not limited to no-till planting, ridge-till planting, 2 contouring, and contour strip-cropping as provided in 3 section 161A.73. 4 e. The state soil conservation committee 5 established by section 161A.4 may allocate moneys 6 appropriated in paragraph “a” to conduct research and 7 demonstration projects to promote conservation tillage 8 and nonpoint source pollution control practices. 9 f. The allocation of moneys as financial incentives 10 as provided in section 161A.73 may be used in 11 combination with moneys allocated by the department of 12 natural resources. 13 g. Not more than 15 percent of the moneys 14 appropriated in paragraph “a” may be used for costs of 15 administration and implementation of soil and water 16 conservation practices. 17 h. In lieu of moneys appropriated in section 18 466A.5, not more than $50,000 of the moneys 19 appropriated in paragraph “a” shall be used by the soil 20 conservation division of the department of agriculture 21 and land stewardship to provide administrative support 22 to the watershed improvement review board established 23 in section 466A.3. 24 Sec. 61. DEPARTMENT OF NATURAL RESOURCES. There is 25 appropriated from the environment first fund created in 26 section 8.57A to the department of natural resources 27 for the fiscal year beginning July 1, 2012, and ending 28 June 30, 2013, the following amounts, or so much 29 thereof as is necessary, to be used for the purposes 30 designated: 31 1. KEEPERS OF THE LAND 32 For statewide coordination of volunteer efforts 33 under the water quality and keepers of the land 34 programs: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 36 2. STATE PARKS MAINTENANCE AND OPERATIONS 37 For regular maintenance of state parks and staff 38 time associated with these activities: 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,705,000 40 3. FORESTRY HEALTH MANAGEMENT 41 To provide for forestry health management programs: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 43 4. GEOGRAPHIC INFORMATION SYSTEM (GIS) 44 To provide local watershed managers with geographic 45 information system data for their use in developing, 46 monitoring, and displaying results of their watershed 47 work: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,500 49 5. WATER QUALITY MONITORING 50 -28- S3227.3343 (38) 84 da/jp 28/ 30
For continuing the establishment and operation of 1 water quality monitoring stations: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,477,500 3 6. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 4 For deposit in the public water supply system 5 account of the water quality protection fund created 6 in section 455B.183A: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 8 7. REGULATION OF ANIMAL FEEDING OPERATIONS 9 For the regulation of animal feeding operations, 10 including as provided for in chapters 459 through 459B: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 260,000 12 8. AMBIENT AIR QUALITY 13 For the abatement, control, and prevention of 14 ambient air pollution in this state, including measures 15 as necessary to assure attainment and maintenance of 16 ambient air quality standards from particulate matter: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,500 18 9. WATER QUANTITY REGULATION 19 For regulating water quantity from surface and 20 subsurface sources by providing for the allocation and 21 use of water resources, the protection and management 22 of water resources, and the preclusion of conflicts 23 among users of water resources, including as provided 24 in chapter 455B, division III, part 4: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 247,500 26 10. GEOLOGICAL AND WATER SURVEY 27 For continuing the operations of the department’s 28 geological and water survey including but not limited 29 to providing analysis, data collection, investigative 30 programs, and information for water supply development 31 and protection: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 33 Sec. 62. REVERSION. Notwithstanding section 8.33, 34 moneys appropriated for the fiscal year beginning 35 July 1, 2012, in this division of this Act that remain 36 unencumbered or unobligated at the close of the fiscal 37 year shall not revert but shall remain available to 38 be used for the purposes designated until the close 39 of the fiscal year beginning July 1, 2013, or until 40 the project for which the appropriation was made is 41 completed, whichever is earlier. 42 DIVISION XIX 43 RESOURCES ENHANCEMENT AND PROTECTION 44 (REAP) FUND FOR FY 2012-2013 45 GENERAL APPROPRIATIONS 46 Sec. 63. ENVIRONMENT FIRST FUND. Notwithstanding 47 the amount of the standing appropriation from the 48 general fund of the state to the Iowa resources 49 enhancement and protection fund as provided in section 50 -29- S3227.3343 (38) 84 da/jp 29/ 30
455A.18, there is appropriated from the environment 1 first fund created in section 8.57A to the Iowa 2 resources enhancement and protection fund, in lieu of 3 the appropriation made in section 455A.18, for the 4 fiscal year beginning July 1, 2012, and ending June 30, 5 2013, the following amount, to be allocated as provided 6 in section 455A.19: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,000,000 8 DIVISION XX 9 CONDITIONAL RETROACTIVE APPLICABILITY 10 Sec. 64. EFFECTIVE DATE AND RETROACTIVE 11 APPLICABILITY. Unless otherwise provided, this Act, 12 if approved by the governor on or after July 1, 2011, 13 takes effect upon enactment and applies retroactively 14 to July 1, 2011. > 15 2. Title page, line 4, after < effective date > by 16 inserting < and retroactive and other applicability > 17 3. By renumbering as necessary. > 18 ______________________________ DENNIS H. BLACK -30- S3227.3343 (38) 84 da/jp 30/ 30 #2. #3.