House File 2451 H-8186 Amend the amendment, H-8161, to House File 2451 as 1 follows: 2 1. Page 2, after line 34 by inserting: 3 < ___. Page 1, line 10, by striking < authority > and 4 inserting < authority clean water commission created in 5 section 466D.1 >> 6 2. Page 3, after line 6 by inserting: 7 < ___. Page 3, by striking lines 4 through 6. > 8 3. Page 6, line 10, by striking < authority > and 9 inserting < clean water commission created in section 10 466D.1 > 11 4. By striking page 7, line 34, through page 8, 12 line 3. 13 5. Page 9, after line 16 by inserting: 14 < ___. Page 6, after line 16 by inserting: 15 < Sec. ___. Section 466B.2, Code 2016, is amended by 16 adding the following new subsection: 17 NEW SUBSECTION . 01. “Commission” means the clean 18 water commission created in section 466D.1. 19 Sec. ___. Section 466B.3, subsections 1 and 2, Code 20 2016, are amended to read as follows: 21 1. Council established. A water resources 22 coordinating council is established within the 23 department of agriculture and land stewardship. The 24 council shall carry out the powers and duties described 25 in this section in accordance with the policies and 26 under the direction and supervision of the commission. 27 The council shall advise the commission as required by 28 the commission. 29 2. Purpose. The purpose of the council shall be 30 to advise the commission regarding strategies and 31 methods to preserve and protect Iowa’s water resources, 32 and to coordinate the management of those resources 33 in a sustainable and fiscally responsible manner. In 34 the pursuit of this purpose providing advice to the 35 -1- H8161.3392 (3) 86 mm/sc 1/ 11 #1. #2. #3. #4. #5.
commission and acting in accordance with its policies, 1 and under its direction and supervision , the council 2 shall use an integrated approach to water resource 3 management, recognizing that insufficiencies exist 4 in current approaches and practices, as well as in 5 funding sources and the utilization of funds. The 6 integrated approach used by the council shall attempt 7 to overcome old categories, labels, and obstacles 8 with the primary goal of managing the state’s water 9 resources comprehensively rather than compartmentally. 10 Sec. ___. Section 466B.3, subsection 3, unnumbered 11 paragraph 1, Code 2016, is amended to read as follows: 12 The success of the council’s efforts made under this 13 section shall ultimately be measured by the following 14 outcomes: 15 Sec. ___. Section 466B.3, subsection 6, paragraph 16 c, Code 2016, is amended to read as follows: 17 c. The council , acting in accordance with the 18 policies and under the direction and supervision of the 19 commission, shall develop recommendations for policies 20 and funding promoting a watershed management approach 21 to reduce the adverse impact of future flooding on this 22 state’s residents, businesses, communities, and soil 23 and water quality. The council and the commission 24 shall consider policies and funding options for various 25 strategies to reduce the impact of flooding , including 26 but not limited to additional floodplain regulation; 27 wetland protection, restoration, and construction; the 28 promulgation and implementation of statewide storm 29 water management standards; conservation easements and 30 other land management; perennial ground cover and other 31 agricultural conservation practices; pervious pavement, 32 bioswales, and other urban conservation practices; and 33 permanent or temporary water retention structures. 34 In developing recommendations, the council and the 35 -2- H8161.3392 (3) 86 mm/sc 2/ 11
commission shall consult with hydrological and land use 1 experts, representatives of cities, counties, drainage 2 and levee districts, agricultural interests, and soil 3 and water conservation districts, and other urban and 4 regional planning experts. 5 Sec. ___. Section 466B.31, subsection 1, Code 2016, 6 is amended to read as follows: 7 1. a. A watershed planning advisory council is 8 established for purposes of assembling a diverse 9 group of stakeholders to review research and make 10 recommendations to various state entities regarding 11 methods to protect water resources in the state, 12 assure an adequate supply of water, mitigate and 13 prevent floods, and coordinate the management of those 14 resources in a sustainable, fiscally responsible, and 15 environmentally responsible manner. 16 b. The council shall carry out the powers and 17 duties described in this section in accordance with the 18 policies and under the direction and supervision of the 19 commission. The council shall advise the commission as 20 required by the commission. 21 c. The advisory commission shall supervise the 22 council may seek in seeking input from councils of 23 governments or other organizations in the development 24 of its recommendations. The advisory council shall 25 meet once a year and at other times as deemed necessary 26 to meet the requirements of this section . The advisory 27 council may appoint a task force to assist the advisory 28 council in completing its duties. 29 Sec. ___. Section 466B.31, subsection 3, unnumbered 30 paragraph 1, Code 2016, is amended to read as follows: 31 By December 1 of each year, the watershed planning 32 advisory council with approval by the commission shall 33 submit a report to the governor, the general assembly, 34 the department of agriculture and land stewardship, 35 -3- H8161.3392 (3) 86 mm/sc 3/ 11
the department of natural resources, and the water 1 resources coordinating council. The report shall 2 include recommendations regarding all of the following: 3 Sec. ___. Section 466B.42, Code 2016, is amended to 4 read as follows: 5 466B.42 Water quality initiative. 6 The division shall establish a A water quality 7 initiative is established in order to assess and 8 reduce nutrients in this state’s watersheds, including 9 subwatersheds, and regional watersheds. The division 10 commission shall establish oversee and the division, 11 acting in accordance with the policies and under the 12 direction and supervision of the commission, shall 13 administer the water quality initiative and advise the 14 commission as required by the commission. As part of 15 the initiative, the division shall administer projects 16 to reduce nutrients in surface waters from nonpoint 17 sources in a scientific, reasonable, and cost-effective 18 manner. The commission and the division shall utilize 19 a pragmatic, strategic, and coordinated approach with 20 the goal of accomplishing reductions over time. >> 21 6. Page 11, by striking lines 4 through 8. 22 7. Page 12, by striking lines 23 through 27. 23 8. Page 12, after line 31 by inserting: 24 < ___. Page 6, after line 16 by inserting: 25 < Sec. ___. Section 466B.45, subsections 1 through 26 3, Code 2016, are amended to read as follows: 27 1. A water quality initiative fund is created in 28 the state treasury under the management and control 29 of the commission which shall be administered by the 30 division. 31 2. The fund shall include moneys appropriated 32 by the general assembly. The fund may include other 33 moneys available to and obtained or accepted by the 34 division commission , including moneys from public or 35 -4- H8161.3392 (3) 86 mm/sc 4/ 11 #6. #7. #8.
private sources. 1 3. Moneys in the fund are appropriated to the 2 division commission and shall be used exclusively to 3 carry out the provisions of this subchapter by the 4 division as determined by the division commission , and 5 shall not require further special authorization by the 6 general assembly. >> 7 Sec. ___. NEW SECTION . 466D.1 Clean water 8 commission —— appointment and administration. 9 1. There is created a clean water commission which 10 shall be housed in the department of agriculture and 11 land stewardship. 12 2. The commission shall be composed of nine voting 13 members appointed by the governor, subject to senate 14 confirmation. 15 3. The commission shall be comprised of four 16 legislative members who shall serve in a nonvoting 17 ex officio capacity. The legislative members shall 18 include all of the following: 19 a. Two members of the senate. One senator shall be 20 appointed by the majority leader of the senate and one 21 senator shall be appointed by the minority leader of 22 the senate. 23 b. Two members of the house of representatives. 24 One member shall be appointed by the speaker of the 25 house of representatives and one member shall be 26 appointed by the minority leader of the house of 27 representatives. 28 4. The voting members shall serve four-year terms 29 and may be reappointed. The initial terms of the 30 voting members shall be staggered at the discretion of 31 the governor. Nonvoting members shall serve at the 32 pleasure of the persons making their appointments. 33 5. Sections 69.16, 69.16A, and 69.19 shall apply to 34 the voting members. 35 -5- H8161.3392 (3) 86 mm/sc 5/ 11
6. a. A member, other than a legislative member, 1 is eligible to receive compensation as provided in 2 section 7E.6, and shall be reimbursed for actual and 3 necessary expenses incurred in performance of the 4 member’s duties. All expenses shall be paid from 5 appropriations for such purposes, and the commission 6 shall be subject to the budget requirements of chapter 7 8. 8 b. A legislative member serves for a term as 9 provided in section 69.16B and is eligible for per diem 10 and expenses as provided in section 2.10. 11 7. The commission shall meet in January of each 12 year for the purpose of electing one of its voting 13 members as chairperson. 14 8. The commission shall meet on a regular basis 15 and at the call of the chairperson or upon the written 16 request to the chairperson of five or more members. 17 Written notice of the time and place of the meeting 18 shall be given to each member. 19 9. A majority of voting members constitutes a 20 quorum, and the affirmative vote of a majority of 21 voting members is necessary for any action taken by 22 the board, except that a lesser number may adjourn a 23 meeting. 24 10. Any vacancy in the membership of the commission 25 shall be filled in the same manner as regular 26 appointments are made for the unexpired portion of 27 the regular term. A vacancy in the membership of the 28 commission does not impair the rights of a quorum to 29 exercise all rights and perform all duties of the 30 commission. 31 11. A person shall not serve as a member of the 32 commission if the person has an interest in a contract 33 or job of work or material or the profits thereof 34 or service to be performed for the department of 35 -6- H8161.3392 (3) 86 mm/sc 6/ 11
agriculture and land stewardship or the department of 1 natural resources. Any member of the commission who 2 accepts employment with or acquires any stock, bonds, 3 or other interest in any company or corporation doing 4 business with the department of agriculture and land 5 stewardship or the department of natural resources 6 shall be disqualified from remaining a member of the 7 commission. 8 12. The department of agriculture and land 9 stewardship in cooperation with the department of 10 natural resources shall assist the commission by doing 11 all of the following: 12 a. Provide the commission with necessary 13 facilities, items, and clerical support. 14 b. Perform administrative functions necessary for 15 the management of the commission. 16 Sec. ___. NEW SECTION . 466D.2 Clean water 17 commission —— powers and duties. 18 1. The purpose of the clean water commission shall 19 be to oversee the management and fiscal components of 20 all of the following: 21 a. The wastewater and drinking water treatment 22 financial assistance program created in section 16.134 23 as administered by the Iowa finance authority. 24 b. The water quality financing program created 25 in section 16.144 as administered by the Iowa finance 26 authority in cooperation with the department of natural 27 resources and the department of agriculture and land 28 stewardship. 29 c. The water resources coordinating council 30 activities as provided in section 466B.3. 31 d. The activities of the watershed planning 32 advisory council as provided in section 466B.31. 33 e. The water quality initiative and water quality 34 initiative fund as provided in sections 466B.42 and 35 -7- H8161.3392 (3) 86 mm/sc 7/ 11
466B.45. 1 f. The water quality agriculture infrastructure 2 programs created in section 466B.43, including an 3 edge-of-field infrastructure program and an in-field 4 infrastructure program, as administered by the 5 division of soil conservation and water quality of the 6 department of agriculture and land stewardship. 7 g. The water quality urban infrastructure program 8 created in section 466B.44 as administered by the 9 division of soil conservation and water quality of the 10 department of agriculture and land stewardship. 11 2. The clean water commission shall establish 12 in-stream water quality improvement objectives of 13 programs described in subsection 1 to be achieved by 14 dates identified by the commission which shall include 15 program timelines and milestones. The commission 16 shall benchmark, monitor, measure, and publicly report 17 progress toward achieving program objectives on a 18 watershed basis. 19 3. The commission may develop and update 20 comprehensive water quality policies and plans, 21 including integration of existing plans, programs, 22 and projects. The commission shall use existing data 23 and amend, augment, and consolidate existing plans or 24 strategies which have improved or which promise to 25 improve water quality. The information collected by 26 the department shall be made readily available and 27 maintained in a computer-readable format. 28 4. The commission may identify additional water 29 quality improvement needs on a watershed basis, 30 including the need to develop new or innovative 31 programs or projects. 32 5. By October 1, 2017, and by October 1 of each 33 year thereafter, the commission shall submit a report 34 to the governor and the general assembly on the 35 -8- H8161.3392 (3) 86 mm/sc 8/ 11
programs described in subsection 1. A report shall 1 include all of the following: 2 a. A description and update of the current status 3 of the programs and associated projects, and the 4 expenditure of moneys appropriated to support the 5 programs and associated projects. 6 b. An evaluation of the successes and failures 7 of each program and associated project in meeting 8 the program’s objectives. The report shall include 9 any legislative proposals to enact, amend, or repeal 10 statutes and any administrative proposals to adopt, 11 revise, or rescind administrative rules. 12 6. The Iowa finance authority, the department of 13 natural resources, the department of agriculture and 14 land stewardship, and the water quality financing 15 review committee created in section 16.134 shall 16 cooperate with the commission in providing the 17 commission with all information necessary in order for 18 the commission to carry out the provisions of this 19 section. 20 7. The commission shall adopt rules pursuant to 21 chapter 17A for the administration of this chapter. 22 The commission, in consultation with the Iowa finance 23 authority, the department of natural resources, the 24 department of agriculture and land stewardship, and 25 the water quality finance review committee created in 26 section 16.134, shall adopt rules pursuant to chapter 27 17A for the administration of the programs under the 28 purview of the commission. >> 29 9. Page 13, line 16, after < initiative, > by 30 inserting < establishing a clean water commission 31 and transferring certain powers and duties to the 32 commission, > 33 10. By renumbering, redesignating, and correcting 34 internal references as necessary. 35 -9- H8161.3392 (3) 86 mm/sc 9/ 11 #9.
______________________________ ISENHART of Dubuque ______________________________ ANDERSON of Polk ______________________________ BERRY of Black Hawk ______________________________ BROWN-POWERS of Black Hawk ______________________________ FINKENAUER of Dubuque ______________________________ FORBES of Polk ______________________________ GASKILL of Wapello ______________________________ HANSON of Jefferson ______________________________ KELLEY of Jasper -10- H8161.3392 (3) 86 mm/sc 10/ 11
______________________________ LENSING of Johnson ______________________________ MEYER of Polk ______________________________ OLSON of Polk ______________________________ PRICHARD of Floyd ______________________________ STAED of Linn ______________________________ STUTSMAN of Johnson ______________________________ WESSEL-KROESCHELL of Story ______________________________ WINCKLER of Scott ______________________________ WOLFE of Clinton -11- H8161.3392 (3) 86 mm/sc 11/ 11