H-8186

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

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ISENHART of Dubuque

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ANDERSON of Polk

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BERRY of Black Hawk

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BROWN-POWERS of Black Hawk

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FINKENAUER of Dubuque

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FORBES of Polk

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GASKILL of Wapello

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HANSON of Jefferson

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KELLEY of Jasper

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LENSING of Johnson

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MEYER of Polk

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OLSON of Polk

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PRICHARD of Floyd

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STAED of Linn

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STUTSMAN of Johnson

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WESSEL-KROESCHELL of Story

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WINCKLER of Scott

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WOLFE of Clinton