Senate Amendment to House Amendment to Senate File 609 H-1268 Amend the House amendment, S-3171, to Senate File 609, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 5, through page 24, line 1, and 3 inserting: 4 << DIVISION I 5 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 6 GENERAL APPROPRIATION 7 Section 1. GENERAL FUND —— DEPARTMENT. 8 1. There is appropriated from the general fund of the state 9 to the department of agriculture and land stewardship for the 10 fiscal year beginning July 1, 2019, and ending June 30, 2020, 11 the following amount, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 For purposes of supporting the department, including its 14 divisions, for administration, regulation, and programs; for 15 salaries, support, maintenance, and miscellaneous purposes; and 16 for not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,327,339 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 372.00 19 2. Of the amount appropriated in subsection 1, the following 20 amount is transferred to Iowa state university of science and 21 technology, to be used for the university’s midwest grape and 22 wine industry institute: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 288,000 24 3. a. Of the amount appropriated in subsection 1, the 25 following amount is transferred to Iowa state university of 26 science and technology to be used for purposes of supporting 27 the college of veterinary medicine for the operation of the 28 veterinary diagnostic laboratory: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 30 b. The amount transferred in paragraph “a” is contingent on 31 the enactment of 2019 Iowa Acts, Senate File 601, or successor 32 legislation. 33 4. The department shall submit a report each quarter of the 34 fiscal year to the legislative services agency, the department 35 -1- S3171.2271.S (2) 88 mb 1/ 32 #1.
of management, the members of the joint appropriations 1 subcommittee on agriculture and natural resources, and the 2 chairpersons and ranking members of the senate and house 3 committees on appropriations. The report shall describe in 4 detail the expenditure of moneys appropriated in this section 5 to support the department’s administration, regulation, and 6 programs. 7 DESIGNATED APPROPRIATIONS 8 MISCELLANEOUS FUNDS 9 Sec. 2. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 10 HORSE AND DOG RACING. There is appropriated from the moneys 11 available under section 99D.13 to the department of agriculture 12 and land stewardship for the fiscal year beginning July 1, 13 2019, and ending June 30, 2020, the following amount, or so 14 much thereof as is necessary, to be used for the purposes 15 designated: 16 For purposes of supporting the department’s administration 17 and enforcement of horse and dog racing law pursuant to section 18 99D.22 , including for salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 305,516 21 Sec. 3. RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR 22 FUEL INSPECTION. There is appropriated from the renewable 23 fuel infrastructure fund created in section 159A.16 to the 24 department of agriculture and land stewardship for the fiscal 25 year beginning July 1, 2019, and ending June 30, 2020, the 26 following amount, or so much thereof as is necessary, to be 27 used for the purposes designated: 28 For purposes of the inspection of motor fuel, including 29 salaries, support, maintenance, and miscellaneous purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 31 SPECIAL APPROPRIATIONS 32 GENERAL FUND 33 Sec. 4. DAIRY REGULATION. 34 1. There is appropriated from the general fund of the state 35 -2- S3171.2271.S (2) 88 mb 2/ 32
to the department of agriculture and land stewardship for the 1 fiscal year beginning July 1, 2019, and ending June 30, 2020, 2 the following amount, or so much thereof as is necessary, to be 3 used for the purposes designated: 4 For purposes of performing functions pursuant to section 5 192.109 , including conducting a survey of grade “A” milk and 6 certifying the results to the secretary of agriculture: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 189,196 8 2. Notwithstanding section 8.33 , moneys appropriated in 9 this section that remain unencumbered or unobligated at the 10 close of the fiscal year shall not revert but shall remain 11 available to be used for the purposes designated until the 12 close of the succeeding fiscal year. 13 Sec. 5. LOCAL FOOD AND FARM PROGRAM. 14 1. There is appropriated from the general fund of the state 15 to the department of agriculture and land stewardship for the 16 fiscal year beginning July 1, 2019, and ending June 30, 2020, 17 the following amount, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 For purposes of supporting the local food and farm program 20 pursuant to chapter 267A : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 22 2. The department shall enter into a cost-sharing agreement 23 with Iowa state university of science and technology to support 24 the local food and farm program coordinator position as part of 25 the university’s cooperative extension service in agriculture 26 and home economics pursuant to chapter 267A . 27 3. Notwithstanding section 8.33 , moneys appropriated in 28 this section that remain unencumbered or unobligated at the 29 close of the fiscal year shall not revert but shall remain 30 available to be used for the purposes designated until the 31 close of the succeeding fiscal year. 32 Sec. 6. AGRICULTURAL EDUCATION. 33 1. There is appropriated from the general fund of the state 34 to the department of agriculture and land stewardship for the 35 -3- S3171.2271.S (2) 88 mb 3/ 32
fiscal year beginning July 1, 2019, and ending June 30, 2020, 1 the following amount, or so much thereof as is necessary, to be 2 used for the purposes designated: 3 For purposes of allocating moneys to an Iowa association 4 affiliated with a national organization which promotes 5 agricultural education providing for future farmers: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 7 2. Notwithstanding section 8.33 , moneys appropriated in 8 this section that remain unencumbered or unobligated at the 9 close of the fiscal year shall not revert but shall remain 10 available to be used for the purposes designated until the 11 close of the succeeding fiscal year. 12 Sec. 7. FOREIGN ANIMAL DISEASES AFFLICTING LIVESTOCK. 13 There is appropriated from the general fund of the state to the 14 department of agriculture and land stewardship for the fiscal 15 year beginning July 1, 2019, and ending June 30, 2020, the 16 following amount, or so much thereof as is necessary, to be 17 used for the purposes designated: 18 For deposit in the foreign animal disease preparedness and 19 response fund created in section 163.3B : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 21 Sec. 8. FARMERS WITH DISABILITIES PROGRAM. 22 1. There is appropriated from the general fund of the state 23 to the department of agriculture and land stewardship for the 24 fiscal year beginning July 1, 2019, and ending June 30, 2020, 25 the following amount, or so much thereof as is necessary, to be 26 used for the purposes designated: 27 For purposes of supporting a program for farmers with 28 disabilities: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 180,000 30 2. The moneys appropriated in subsection 1 shall be used for 31 the public purpose of providing a grant to a national nonprofit 32 organization with over 80 years of experience in assisting 33 children and adults with disabilities and special needs. The 34 moneys shall be used to support a nationally recognized program 35 -4- S3171.2271.S (2) 88 mb 4/ 32
that began in 1986 and has been replicated in at least 30 other 1 states, but which is not available through any other entity 2 in this state, and that provides assistance to farmers with 3 disabilities in all 99 counties to allow the farmers to remain 4 in their own homes and be gainfully engaged in farming through 5 provision of agricultural worksite and home modification 6 consultations, peer support services, services to families, 7 information and referral, and equipment loan services. 8 3. Notwithstanding section 8.33 , moneys appropriated in 9 this section that remain unencumbered or unobligated at the 10 close of the fiscal year shall not revert but shall remain 11 available for expenditure for the purposes designated until the 12 close of the succeeding fiscal year. 13 Sec. 9. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND —— 14 HUNGRY CANYONS ACCOUNT. 15 1. There is appropriated from the general fund of the state 16 to the department of agriculture and land stewardship for the 17 fiscal year beginning July 1, 2019, and ending June 30, 2020, 18 the following amount, or so much thereof as is necessary, to be 19 used for the purposes designated: 20 For deposit in the hungry canyons account of the loess hills 21 development and conservation fund created pursuant to section 22 161D.2: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 24 2. Not more than 10 percent of the moneys appropriated to 25 the hungry canyons account as provided in subsection 1 may be 26 used for administrative costs. 27 Sec. 10. AGRICULTURAL DRAINAGE WELL CLOSURES. 28 1. There is appropriated from the general fund of the state 29 to the department of agriculture and land stewardship for the 30 fiscal year beginning July 1, 2019, and ending June 30, 2020, 31 the following amount, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 For deposit in the agricultural drainage well water quality 34 assistance fund created in section 460.303 for purposes 35 -5- S3171.2271.S (2) 88 mb 5/ 32
of supporting the agricultural drainage well water quality 1 assistance program as provided in section 460.304: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,875,000 3 2. Not more than 10 percent of the moneys appropriated 4 in subsection 1 may be used for costs of administration and 5 implementation of soil conservation practices. 6 DIVISION II 7 MONEYS CREDITED TO THE WATERSHED IMPROVEMENT FUND 8 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 9 Sec. 11. FARM MANAGEMENT DEMONSTRATION PROGRAM. 10 1. Notwithstanding 2017 Iowa Acts, chapter 168, section 11 22, as amended by 2017 Iowa Acts, chapter 170, section 42, 12 of the moneys credited to the watershed improvement fund 13 that are unencumbered or unobligated and managed by and 14 otherwise appropriated to the department of agriculture and 15 land stewardship pursuant to those sections, including any of 16 these moneys transferred to the department, the department 17 shall expend the following amount, or so much thereof as is 18 necessary, for the fiscal year beginning July 1, 2019, and 19 ending June 30, 2020, for the purpose designated: 20 2. For the continuation of a statewide voluntary 21 farm management demonstration program to demonstrate the 22 effectiveness and adaptability of emerging practices in 23 agronomy that protect water resources and provide other 24 environmental benefits: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 26 3. The amount required to be expended by the department of 27 agriculture and land stewardship pursuant to subsection 1 shall 28 be allocated by the department to an organization representing 29 soybean growers to provide for an agriculture and environment 30 performance program in the same manner as enacted in 2017 Iowa 31 Acts, chapter 168, section 17, subsection 3 . 32 Sec. 12. WATER QUALITY INITIATIVE. 33 1. Notwithstanding 2017 Iowa Acts, chapter 168, section 34 22, as amended by 2017 Iowa Acts, chapter 170, section 42, of 35 -6- S3171.2271.S (2) 88 mb 6/ 32
the moneys credited to the watershed improvement fund that 1 are unencumbered or unobligated and managed by and otherwise 2 appropriated to the department of agriculture and land 3 stewardship pursuant to those sections, including any of those 4 moneys transferred to the department, the department shall 5 deposit the following amount in the water quality initiative 6 fund created in section 466B.45 for the fiscal year beginning 7 July 1, 2019, and ending June 30, 2020, to be used for the 8 purposes designated: 9 For purposes of supporting the water quality initiative 10 administered by the division of soil conservation and water 11 quality as provided in section 466B.42, including salaries, 12 support, maintenance, and miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 14 2. a. The moneys appropriated in subsection 1 shall be 15 used to support projects in subwatersheds as designated by the 16 division that are part of high-priority watersheds identified 17 by the water resources coordinating council established 18 pursuant to section 466B.3 . 19 b. The moneys appropriated in subsection 1 shall be used to 20 support projects in watersheds generally, including regional 21 watersheds, as designated by the division and high-priority 22 watersheds identified by the water resources coordinating 23 council established pursuant to section 466B.3. 24 3. In supporting projects in subwatersheds and watersheds 25 as provided in subsection 2, all of the following shall apply: 26 a. The demonstration projects shall utilize water quality 27 practices as described in the Iowa nutrient reduction strategy 28 as defined in section 455B.171 . 29 b. The division shall implement demonstration projects as 30 provided in paragraph “a” by providing for participation by 31 persons who hold a legal interest in agricultural land used in 32 farming. To every extent practical, the division shall provide 33 for collaborative participation by such persons who hold a 34 legal interest in agricultural land located within the same 35 -7- S3171.2271.S (2) 88 mb 7/ 32
subwatershed. 1 c. The division shall implement a demonstration project on 2 a cost-share basis as determined by the division. However, 3 except for edge-of-field practices, the state’s share of the 4 amount shall not exceed 50 percent of the estimated cost of 5 establishing the practice as determined by the division or 6 50 percent of the actual cost of establishing the practice, 7 whichever is less. 8 d. The demonstration projects shall be used to educate other 9 persons about the feasibility and value of establishing similar 10 water quality practices. The division shall promote field day 11 events for purposes of allowing interested persons to establish 12 water quality practices on their agricultural land. 13 e. The division shall conduct water quality evaluations 14 within supported subwatersheds. Within a reasonable period 15 after accumulating information from such evaluations, the 16 division shall create an aggregated database of water quality 17 practices. Any information identifying a person holding a 18 legal interest in agricultural land or specific agricultural 19 land shall be a confidential record under section 22.7 . 20 4. The moneys appropriated in subsection 1 shall be used 21 to support education and outreach in a manner that encourages 22 persons who hold a legal interest in agricultural land used for 23 farming to implement water quality practices, including the 24 establishment of such practices in watersheds generally, and 25 not limited to subwatersheds or high-priority watersheds. 26 5. The moneys appropriated in subsection 1 may be used 27 to contract with persons to coordinate the implementation of 28 efforts provided in this section. 29 6. The moneys appropriated in subsection 1 may be used by 30 the department to support urban soil and water conservation 31 efforts, which may include but are not limited to management 32 practices related to bioretention, landscaping, the use of 33 permeable or pervious pavement, and soil quality restoration. 34 The moneys shall be allocated on a cost-share basis as provided 35 -8- S3171.2271.S (2) 88 mb 8/ 32
in chapter 161A. 1 7. Notwithstanding any other provision of law to the 2 contrary, the department may use moneys appropriated in 3 subsection 1 to carry out the provisions of this section on a 4 cost-share basis in combination with other moneys available to 5 the department from a state or federal source. 6 8. Not more than 10 percent of the moneys appropriated in 7 this section may be used to pay for the costs of administering 8 and implementing the water quality initiative by the 9 department’s division of soil conservation and water quality as 10 provided in section 466B.42 and this section. 11 DIVISION III 12 GENERAL FUND 13 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 14 WATER QUALITY INITIATIVE 15 Sec. 13. WATER QUALITY INITIATIVE —— GENERAL. 16 1. There is appropriated from the general fund of the state 17 to the department of agriculture and land stewardship for the 18 fiscal year beginning July 1, 2019, and ending June 30, 2020, 19 the following amount, or so much thereof as is necessary, to be 20 used for the purposes designated: 21 For deposit in the water quality initiative fund created in 22 section 466B.45 , for purposes of supporting the water quality 23 initiative administered by the division of soil conservation 24 and water quality as provided in section 466B.42 , including 25 salaries, support, maintenance, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 27 2. a. The moneys appropriated in subsection 1 shall be 28 used to support projects in subwatersheds as designated by the 29 division that are part of high-priority watersheds identified 30 by the water resources coordinating council established 31 pursuant to section 466B.3 . 32 b. The moneys appropriated in subsection 1 shall be used to 33 support projects in watersheds generally, including regional 34 watersheds, as designated by the division and high-priority 35 -9- S3171.2271.S (2) 88 mb 9/ 32
watersheds identified by the water resources coordinating 1 council established pursuant to section 466B.3. 2 3. In supporting projects in subwatersheds and watersheds 3 as provided in subsection 2, all of the following shall apply: 4 a. The demonstration projects shall utilize water quality 5 practices as described in the Iowa nutrient reduction strategy 6 as defined in section 455B.171 . 7 b. The division shall implement demonstration projects as 8 provided in paragraph “a” by providing for participation by 9 persons who hold a legal interest in agricultural land used in 10 farming. To every extent practical, the division shall provide 11 for collaborative participation by such persons who hold a 12 legal interest in agricultural land located within the same 13 subwatershed. 14 c. The division shall implement a demonstration project on 15 a cost-share basis as determined by the division. However, 16 except for edge-of-field practices, the state’s share of the 17 amount shall not exceed 50 percent of the estimated cost of 18 establishing the practice as determined by the division or 19 50 percent of the actual cost of establishing the practice, 20 whichever is less. 21 d. The demonstration projects shall be used to educate other 22 persons about the feasibility and value of establishing similar 23 water quality practices. The division shall promote field day 24 events for purposes of allowing interested persons to establish 25 water quality practices on their agricultural land. 26 e. The division shall conduct water quality evaluations 27 within supported subwatersheds. Within a reasonable period 28 after accumulating information from such evaluations, the 29 division shall create an aggregated database of water quality 30 practices. Any information identifying a person holding a 31 legal interest in agricultural land or specific agricultural 32 land shall be a confidential record under section 22.7 . 33 4. The moneys appropriated in subsection 1 shall be used 34 to support education and outreach in a manner that encourages 35 -10- S3171.2271.S (2) 88 mb 10/ 32
persons who hold a legal interest in agricultural land used for 1 farming to implement water quality practices, including the 2 establishment of such practices in watersheds generally, and 3 not limited to subwatersheds or high-priority watersheds. 4 5. The moneys appropriated in subsection 1 may be used 5 to contract with persons to coordinate the implementation of 6 efforts provided in this section. 7 6. The moneys appropriated in subsection 1 may be used by 8 the department to support urban soil and water conservation 9 efforts, which may include but are not limited to management 10 practices related to bioretention, landscaping, the use of 11 permeable or pervious pavement, and soil quality restoration. 12 The moneys shall be allocated on a cost-share basis as provided 13 in chapter 161A. 14 7. Notwithstanding any other provision of law to the 15 contrary, the department may use moneys appropriated in 16 subsection 1 to carry out the provisions of this section on a 17 cost-share basis in combination with other moneys available to 18 the department from a state or federal source. 19 8. Not more than 10 percent of the moneys appropriated in 20 this section may be used to pay for the costs of administering 21 and implementing the water quality initiative by the 22 department’s division of soil conservation and water quality as 23 provided in section 466B.42 and this section. 24 DIVISION IV 25 DEPARTMENT OF NATURAL RESOURCES 26 Sec. 14. GENERAL FUND —— DEPARTMENT. 27 1. There is appropriated from the general fund of the state 28 to the department of natural resources for the fiscal year 29 beginning July 1, 2019, and ending June 30, 2020, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 For purposes of supporting the department, including its 33 divisions, for administration, regulation, and programs; for 34 salaries, support, maintenance, and miscellaneous purposes; and 35 -11- S3171.2271.S (2) 88 mb 11/ 32
for not more than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,920,987 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 3 2. Of the number of full-time equivalent positions 4 authorized to the department pursuant to subsection 1, 50.00 5 full-time equivalent positions shall be allocated by the 6 department for seasonal employees for purposes of providing 7 maintenance, upkeep, and sanitary services at state parks. 8 This subsection shall not impact park ranger or park manager 9 positions within the department. 10 3. The department shall submit a report each quarter of the 11 fiscal year to the legislative services agency, the department 12 of management, the members of the joint appropriations 13 subcommittee on agriculture and natural resources, and the 14 chairpersons and ranking members of the senate and house 15 committees on appropriations. The report shall describe in 16 detail the expenditure of moneys appropriated under this 17 section to support the department’s administration, regulation, 18 and programs. 19 Sec. 15. STATE FISH AND GAME PROTECTION FUND —— REGULATION 20 AND ADVANCEMENT OF OUTDOOR ACTIVITIES. 21 1. There is appropriated from the state fish and game 22 protection fund created pursuant to section 456A.17 to the 23 department of natural resources for the fiscal year beginning 24 July 1, 2019, and ending June 30, 2020, the following amount, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 For purposes of supporting the regulation or advancement of 28 hunting, fishing, or trapping, or the protection, propagation, 29 restoration, management, or harvest of fish or wildlife, 30 including for administration, regulation, law enforcement, and 31 programs; and for salaries, support, maintenance, equipment, 32 and miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,007,044 34 2. Notwithstanding section 455A.10 , the department may use 35 -12- S3171.2271.S (2) 88 mb 12/ 32
the unappropriated balance remaining in the state fish and game 1 protection fund to provide for the funding of health and life 2 insurance premium payments from unused sick leave balances of 3 conservation peace officers employed in a protection occupation 4 who retire, pursuant to section 97B.49B . 5 3. Notwithstanding section 455A.10 , the department of 6 natural resources may use the unappropriated balance remaining 7 in the state fish and game protection fund for the fiscal 8 year beginning July 1, 2019, and ending June 30, 2020, as is 9 necessary to fund salary adjustments for departmental employees 10 for which the general assembly has made an operating budget 11 appropriation in subsection 1. 12 Sec. 16. GROUNDWATER PROTECTION FUND —— WATER 13 QUALITY. There is appropriated from the groundwater protection 14 fund created in section 455E.11 to the department of natural 15 resources for the fiscal year beginning July 1, 2019, 16 and ending June 30, 2020, from those moneys which are not 17 allocated pursuant to that section, the following amount, or 18 so much thereof as is necessary, to be used for the purposes 19 designated: 20 For purposes of supporting the department’s protection 21 of the state’s groundwater, including for administration, 22 regulation, and programs, and for salaries, support, 23 maintenance, equipment, and miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,455,832 25 DESIGNATED APPROPRIATIONS 26 MISCELLANEOUS FUNDS 27 Sec. 17. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE 28 PROGRAM. There is appropriated from the special snowmobile 29 fund created under section 321G.7 to the department of natural 30 resources for the fiscal year beginning July 1, 2019, and 31 ending June 30, 2020, the following amount, or so much thereof 32 as is necessary, to be used for the purpose designated: 33 For purposes of administering and enforcing the state 34 snowmobile programs: 35 -13- S3171.2271.S (2) 88 mb 13/ 32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 1 Sec. 18. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE 2 TANKS SECTION EXPENSES. There is appropriated from the 3 unassigned revenue fund administered by the Iowa comprehensive 4 petroleum underground storage tank fund board established 5 pursuant to section 455G.4 to the department of natural 6 resources for the fiscal year beginning July 1, 2019, and 7 ending June 30, 2020, the following amount, or so much thereof 8 as is necessary, to be used for the purpose designated: 9 For purposes of paying for administration expenses of the 10 department’s underground storage tanks section: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 12 SPECIAL APPROPRIATIONS 13 GENERAL FUND 14 Sec. 19. FLOODPLAIN MANAGEMENT AND DAM SAFETY. 15 1. There is appropriated from the general fund of the state 16 to the department of natural resources for the fiscal year 17 beginning July 1, 2019, and ending June 30, 2020, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purpose designated: 20 For purposes of supporting floodplain management and dam 21 safety: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,510,000 23 2. Of the amount appropriated in subsection 1, up to 24 $400,000 may be used by the department to acquire or install 25 stream gages for purposes of tracking and predicting flood 26 events and for compiling necessary data to improve flood 27 frequency analysis. 28 3. Notwithstanding section 8.33 , moneys appropriated in 29 subsection 1 that remain unencumbered or unobligated at the 30 close of the fiscal year shall not revert but shall remain 31 available for expenditure for the purposes designated until the 32 close of the succeeding fiscal year. 33 Sec. 20. FORESTRY HEALTH MANAGEMENT. 34 1. There is appropriated from the general fund of the state 35 -14- S3171.2271.S (2) 88 mb 14/ 32
to the department of natural resources for the fiscal year 1 beginning July 1, 2019, and ending June 30, 2020, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purposes designated: 4 For purposes of providing for forestry health management 5 programs: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 7 2. Notwithstanding section 8.33 , moneys appropriated in 8 this section that remain unencumbered or unobligated at the 9 close of the fiscal year shall not revert but shall remain 10 available to be used for the purposes designated until the 11 close of the succeeding fiscal year. 12 DIVISION V 13 IOWA STATE UNIVERSITY 14 SPECIAL GENERAL FUND APPROPRIATION 15 VETERINARY DIAGNOSTIC LABORATORY 16 Sec. 21. VETERINARY DIAGNOSTIC LABORATORY. 17 1. There is appropriated from the general fund of the state 18 to Iowa state university of science and technology for the 19 fiscal year beginning July 1, 2019, and ending June 30, 2020, 20 the following amount, or so much thereof as is necessary, to be 21 used for the purposes designated: 22 For purposes of supporting the college of veterinary 23 medicine for the operation of the veterinary diagnostic 24 laboratory and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 51.00 28 2. a. Iowa state university of science and technology 29 shall not reduce the amount that it allocates to support the 30 college of veterinary medicine from any other source due to the 31 appropriation made in this section. 32 b. Paragraph “a” does not apply to a reduction made to 33 support the college of veterinary medicine, if the same 34 percentage of reduction imposed on the college of veterinary 35 -15- S3171.2271.S (2) 88 mb 15/ 32
medicine is also imposed on all of Iowa state university of 1 science and technology’s budget units. 2 3. If by June 30, 2020, Iowa state university of science and 3 technology fails to allocate the moneys appropriated in this 4 section to the college of veterinary medicine in accordance 5 with this section, the moneys appropriated in this section for 6 that fiscal year shall revert to the general fund of the state. 7 DIVISION VI 8 STATE UNIVERSITY OF IOWA 9 SPECIAL GENERAL FUND APPROPRIATION 10 AGRICULTURAL SAFETY AND HEALTH 11 Sec. 22. IOWA’S CENTER FOR AGRICULTURAL SAFETY AND HEALTH 12 (I-CASH). 13 1. There is appropriated from the general fund of the state 14 to the state university of Iowa for the fiscal year beginning 15 July 1, 2019, and ending June 30, 2020, the following amount, 16 or so much thereof as is necessary, to be used for the purposes 17 designated: 18 For supporting the operations of Iowa’s center for 19 agricultural safety and health, as part of the university’s 20 college of public health, and in cooperation with the 21 department of agriculture and land stewardship, to anticipate, 22 recognize, and prevent occupational illness and injury among 23 members of the agricultural community: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130,000 25 2. As a condition of the appropriation in subsection 1, 26 the state university of Iowa shall retain the director of 27 Iowa’s center for agricultural safety and health employed on 28 the effective date of this Act for at least the same number of 29 hours for the fiscal year beginning July 1, 2019, as worked by 30 the director during the fiscal year beginning July 1, 2018. 31 3. The state university of Iowa shall not reduce the amount 32 allocated to support Iowa’s center for agricultural safety from 33 any other source due to the appropriation made in this division 34 of this Act. 35 -16- S3171.2271.S (2) 88 mb 16/ 32
4. If by June 30, 2020, the state university of Iowa fails 1 to use the moneys appropriated in subsection 1 in accordance 2 with purposes and conditions of this section, any unencumbered 3 and unobligated moneys appropriated in subsection 1 for the 4 fiscal year beginning July 1, 2019, and ending June 30, 2020, 5 shall revert to the general fund of the state. In addition, if 6 moneys are required to be reverted pursuant to section 8.33, 7 the state university of Iowa shall transfer to the general 8 fund from any otherwise unencumbered and unobligated moneys 9 from any other general fund appropriation or from any moneys 10 available from other funding sources an amount equal to the 11 amount appropriated in subsection 1 less any amount reverted to 12 the general fund of the state pursuant to this subsection. 13 DIVISION VII 14 ENVIRONMENT FIRST FUND 15 GENERAL APPROPRIATIONS 16 Sec. 23. DEPARTMENT OF AGRICULTURE AND LAND 17 STEWARDSHIP. There is appropriated from the environment first 18 fund created in section 8.57A to the department of agriculture 19 and land stewardship for the fiscal year beginning July 1, 20 2019, and ending June 30, 2020, the following amounts, or so 21 much thereof as is necessary, to be used for the purposes 22 designated: 23 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 24 a. For the conservation reserve enhancement program to 25 restore and construct wetlands for the purposes of intercepting 26 tile line runoff, reducing nutrient loss, improving water 27 quality, and enhancing agricultural production practices: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 29 b. Not more than 10 percent of the moneys appropriated 30 in paragraph “a” may be used for costs of administration and 31 implementation of soil and water conservation practices. 32 c. Notwithstanding any other provision in law, the 33 department may use moneys appropriated in this subsection, 34 in combination with other appropriate environment first 35 -17- S3171.2271.S (2) 88 mb 17/ 32
fund appropriations, for cost sharing to match United States 1 department of agriculture, natural resources conservation 2 service, wetlands reserve enhancement program (WREP) funding 3 available to Iowa. 4 2. WATERSHED PROTECTION 5 a. For continuation of a program that provides 6 multiobjective resource protections for flood control, water 7 quality, erosion control, and natural resource conservation: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 900,000 9 b. Not more than 10 percent of the moneys appropriated 10 in paragraph “a” may be used for costs of administration and 11 implementation of soil and water conservation practices. 12 3. SOIL AND WATER CONSERVATION —— ADMINISTRATION 13 a. For use by the department for costs of administration and 14 implementation of soil and water conservation practices: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,800,000 16 b. Of the moneys appropriated in paragraph “a”, $150,000 17 is allocated to support field staff providing technical 18 assistance. 19 4. CONSERVATION RESERVE PROGRAM (CRP) 20 a. To encourage and assist farmers in enrolling in and the 21 implementation of the federal conservation reserve program and 22 to work with them to enhance their revegetation efforts to 23 improve water quality and habitat: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 900,000 25 b. Not more than 10 percent of the moneys appropriated 26 in paragraph “a” may be used for costs of administration and 27 implementation of soil and water conservation practices. 28 5. SOIL AND WATER CONSERVATION 29 a. For use by the department in providing for soil and water 30 conservation: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,325,000 32 b. (1) Of the amount appropriated in paragraph “a”, for 33 transfer to the loess hills development and conservation fund 34 created in section 161D.2: 35 -18- S3171.2271.S (2) 88 mb 18/ 32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 490,000 1 (2) (a) Of the amount transferred to the loess hills 2 development and conservation fund in subparagraph (1), $450,000 3 shall be allocated to the fund’s hungry canyons account. 4 (b) Not more than 10 percent of the moneys allocated to 5 the fund’s hungry canyons account as provided in subparagraph 6 division (a) may be used for administrative costs. 7 (3) (a) Of the amount transferred to the loess hills 8 development and conservation fund in subparagraph (1), $40,000 9 shall be allocated to the fund’s loess hills alliance account. 10 (b) Not more than 10 percent of the moneys allocated to the 11 fund’s loess hills alliance account as provided in subparagraph 12 division (a) may be used for administrative costs. 13 c. Of the remaining amount appropriated in paragraph “a”, 14 for use by the department in providing for soil and water 15 conservation administration, the conservation of soil and 16 water resources, or the support of soil and water conservation 17 districts: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,835,000 19 d. Of the amount appropriated in paragraph “c” that the 20 department allocates to a soil and water conservation district, 21 the first $15,000 may be expended by the district for the 22 purpose of providing financial incentives under section 161A.73 23 to establish management practices for the control of soil 24 erosion on land that is row-cropped, including but not limited 25 to nontill planting, ridge-till planting, and contouring 26 strip-cropping. Of any remaining amount of that appropriation 27 allocated by the department to a district, 30 percent may be 28 expended by the district for that same purpose. 29 e. Not more than 5 percent of the moneys appropriated in 30 paragraph “c” may be allocated for cost sharing to address 31 complaints filed under section 161A.47 . 32 f. Of the moneys appropriated in paragraph “c”, 5 percent 33 shall be allocated for financial incentives to establish 34 practices to protect watersheds above publicly owned lakes of 35 -19- S3171.2271.S (2) 88 mb 19/ 32
the state from soil erosion and sediment as provided in section 1 161A.73 . 2 g. The state soil conservation and water quality committee 3 established by section 161A.4 may allocate moneys appropriated 4 in paragraph “c” to conduct research and demonstration projects 5 to promote conservation tillage and nonpoint source pollution 6 control practices. 7 h. The allocation of moneys as financial incentives as 8 provided in section 161A.73 may be used in combination with 9 moneys allocated by the department of natural resources. 10 i. Not more than 15 percent of the moneys appropriated 11 in paragraph “c” may be used for costs of administration and 12 implementation of soil and water conservation practices. 13 Sec. 24. DEPARTMENT OF NATURAL RESOURCES. There is 14 appropriated from the environment first fund created in section 15 8.57A to the department of natural resources for the fiscal 16 year beginning July 1, 2019, and ending June 30, 2020, the 17 following amounts, or so much thereof as is necessary, to be 18 used for the purposes designated: 19 1. STATE PARKS MAINTENANCE AND OPERATIONS 20 a. For regular maintenance and operations of state parks and 21 staff time associated with these activities: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,235,000 23 b. Of the amount appropriated in paragraph “a”, up to 24 $100,000 shall be allocated for statewide coordination of 25 volunteer efforts. 26 c. Of the amount appropriated in paragraph “a”, the 27 department shall use $250,000 to support up to 3.00 full-time 28 equivalent positions as state park rangers. 29 2. GEOGRAPHIC INFORMATION SYSTEM (GIS) 30 To provide local watershed managers with geographic 31 information system data for their use in developing, 32 monitoring, and displaying results of their watershed work: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,000 34 3. WATER QUALITY MONITORING 35 -20- S3171.2271.S (2) 88 mb 20/ 32
For continuing the establishment and operation of water 1 quality monitoring stations: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,955,000 3 4. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 4 For deposit in the public water supply system account of the 5 water quality protection fund created in section 455B.183A : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 7 5. REGULATION OF ANIMAL FEEDING OPERATIONS 8 For the regulation of animal feeding operations, including 9 as provided for in chapters 459, 459A, and 459B : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,320,000 11 6. AMBIENT AIR QUALITY 12 For the abatement, control, and prevention of ambient 13 air pollution in this state, including measures as necessary 14 to assure attainment and maintenance of ambient air quality 15 standards from particulate matter: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 17 7. FLOODPLAIN MANAGEMENT AND DAM SAFETY 18 For supporting floodplain management and dam safety: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 375,000 20 Sec. 25. STATE UNIVERSITY OF IOWA —— IOWA GEOLOGICAL 21 SURVEY. There is appropriated from the environment first 22 fund created in section 8.57A to the state university of Iowa 23 for the fiscal year beginning July 1, 2019, and ending June 24 30, 2020, the following amounts, or so much thereof as is 25 necessary, to be used for the purposes designated: 26 1. OPERATIONS 27 For purposes of supporting the operations of the Iowa 28 geological survey of the state as created within the state 29 university of Iowa pursuant to section 456.1 , including but not 30 limited to providing analysis; data maintenance, collection, 31 and compilation; investigative programs; and information for 32 water supply development and protection: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 34 2. WATER RESOURCE MANAGEMENT 35 -21- S3171.2271.S (2) 88 mb 21/ 32
For purposes of supporting the Iowa geological survey in 1 measuring, assessing, and evaluating the quantity of water 2 sources in this state and assisting the department of natural 3 resources in regulating water quantity as provided in chapter 4 455B, division III, part 4 , pursuant to sections 455B.262B and 5 456.14 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 7 Sec. 26. REVERSION. 8 1. a. Except as provided in paragraph “b”, and 9 notwithstanding section 8.33 , moneys appropriated for the 10 fiscal year beginning July 1, 2019, in this division of this 11 Act that remain unencumbered or unobligated at the close of the 12 fiscal year shall not revert but instead shall remain available 13 to be used for the purposes designated until the close of the 14 succeeding fiscal year, or until the project for which the 15 appropriation was made is completed, whichever is earlier. 16 b. Notwithstanding section 8.33, moneys appropriated for 17 the fiscal year beginning July 1, 2019, in this division of 18 this Act to the department of agriculture and land stewardship 19 to provide financial assistance for the establishment of 20 permanent soil and water conservation practices that remain 21 unencumbered or unobligated at the close of the fiscal year 22 shall not revert but instead shall remain available for 23 expenditure for the purposes designated until the close of the 24 fiscal year beginning July 1, 2022. 25 2. Subsection 1 does not apply to moneys transferred 26 pursuant to this division to the loess hills development and 27 conservation fund created in section 161D.2 which shall not 28 revert as provided in that section. 29 DIVISION VIII 30 ENVIRONMENT FIRST FUND 31 SPECIAL APPROPRIATIONS 32 Sec. 27. WATER QUALITY INITIATIVE —— DEPARTMENT OF 33 AGRICULTURE AND LAND STEWARDSHIP. 34 1. There is appropriated from the environment first fund 35 -22- S3171.2271.S (2) 88 mb 22/ 32
created in section 8.57A to the department of agriculture 1 and land stewardship for the fiscal year beginning July 1, 2 2019, and ending June 30, 2020, the following amount, or so 3 much thereof as is necessary, to be used for the purposes 4 designated: 5 For deposit in the water quality initiative fund created in 6 section 466B.45 , for purposes of supporting the water quality 7 initiative administered by the division of soil conservation 8 and water quality as provided in section 466B.42 , including 9 salaries, support, maintenance, and miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,375,000 11 2. a. The moneys appropriated in subsection 1 shall be 12 used to support projects in subwatersheds as designated by the 13 division that are part of high-priority watersheds identified 14 by the water resources coordinating council established 15 pursuant to section 466B.3 . 16 b. The moneys appropriated in subsection 1 shall be used to 17 support projects in watersheds generally, including regional 18 watersheds, as designated by the division and high-priority 19 watersheds identified by the water resources coordinating 20 council established pursuant to section 466B.3. 21 3. In supporting projects in subwatersheds and watersheds 22 as provided in subsection 2, all of the following shall apply: 23 a. The demonstration projects shall utilize water quality 24 practices as described in the Iowa nutrient reduction strategy 25 as defined in section 455B.171 . 26 b. The division shall implement demonstration projects as 27 provided in paragraph “a” by providing for participation by 28 persons who hold a legal interest in agricultural land used in 29 farming. To every extent practical, the division shall provide 30 for collaborative participation by such persons who hold a 31 legal interest in agricultural land located within the same 32 subwatershed. 33 c. The division shall implement a demonstration project on 34 a cost-share basis as determined by the division. However, 35 -23- S3171.2271.S (2) 88 mb 23/ 32
except for edge-of-field practices, the state’s share of the 1 amount shall not exceed 50 percent of the estimated cost of 2 establishing the practice as determined by the division or 3 50 percent of the actual cost of establishing the practice, 4 whichever is less. 5 d. The demonstration projects shall be used to educate other 6 persons about the feasibility and value of establishing similar 7 water quality practices. The division shall promote field day 8 events for purposes of allowing interested persons to establish 9 water quality practices on their agricultural land. 10 e. The division shall conduct water quality evaluations 11 within supported subwatersheds. Within a reasonable period 12 after accumulating information from such evaluations, the 13 division shall create an aggregated database of water quality 14 practices. Any information identifying a person holding a 15 legal interest in agricultural land or specific agricultural 16 land shall be a confidential record under section 22.7 . 17 4. The moneys appropriated in subsection 1 shall be used 18 to support education and outreach in a manner that encourages 19 persons who hold a legal interest in agricultural land used for 20 farming to implement water quality practices, including the 21 establishment of such practices in watersheds generally, and 22 not limited to subwatersheds or high-priority watersheds. 23 5. The moneys appropriated in subsection 1 may be used 24 to contract with persons to coordinate the implementation of 25 efforts provided in this section. 26 6. The moneys appropriated in subsection 1 may be used by 27 the department to support urban soil and water conservation 28 efforts, which may include but are not limited to management 29 practices related to bioretention, landscaping, the use of 30 permeable or pervious pavement, and soil quality restoration. 31 The moneys shall be allocated on a cost-share basis as provided 32 in chapter 161A. 33 7. Notwithstanding any other provision of law to the 34 contrary, the department may use moneys appropriated in 35 -24- S3171.2271.S (2) 88 mb 24/ 32
subsection 1 to carry out the provisions of this section on a 1 cost-share basis in combination with other moneys available to 2 the department from a state or federal source. 3 8. Not more than 10 percent of the moneys appropriated in 4 this section may be used to pay for the costs of administering 5 and implementing the water quality initiative by the 6 department’s division of soil conservation and water quality as 7 provided in section 466B.42 and this section. 8 DIVISION IX 9 IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND 10 Sec. 28. REAP —— IN LIEU OF GENERAL FUND APPROPRIATION. In 11 lieu of the standing appropriation in section 455A.18 , there is 12 appropriated from the environment first fund created in section 13 8.57A to the Iowa resources enhancement and protection fund 14 for the fiscal year beginning July 1, 2019, and ending June 15 30, 2020, the following amount, to be allocated as provided in 16 section 455A.19 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 18 Sec. 29. REAP —— OPEN SPACES ACCOUNT —— STATE PARK 19 MAINTENANCE AND REPAIR. Notwithstanding section 455A.19, 20 subsection 1 , paragraph “a”, subparagraph (1), of the moneys 21 allocated to the open spaces account of the Iowa resources 22 enhancement and protection fund, up to $1,000,000 may be 23 used by the department of natural resources for state park 24 maintenance and repair for the fiscal year beginning July 1, 25 2019, and ending on June 30, 2020. 26 Sec. 30. REAP —— OPEN SPACES ACCOUNT —— FLOOD DAMAGE REPAIR, 27 RESTORATION, OR REHABILITATION. 28 1. Notwithstanding section 455A.19, subsection 1, paragraph 29 “a”, subparagraph (1), of the moneys allocated to the open 30 spaces account of the Iowa resources enhancement and protection 31 fund, any amount in that account that is unencumbered and 32 unobligated on the effective date of this section, are 33 appropriated to the department of natural resources for the 34 repair, restoration, or rehabilitation of property under the 35 -25- S3171.2271.S (2) 88 mb 25/ 32
jurisdiction or control of the department, including such 1 property located in southwestern Iowa, that has been damaged 2 by flood waters, for the fiscal year beginning July 1, 2018, 3 and ending June 30, 2019. 4 2. Nothing in this section requires the department to expend 5 any or a certain amount of moneys appropriated in subsection 1 6 for the purposes described in that subsection. 7 3. Notwithstanding section 8.33, moneys appropriated in 8 this section that remain unencumbered or unobligated at the 9 close of the fiscal year beginning July 1, 2018, and ending 10 June 30, 2019, shall not revert but shall remain available for 11 expenditure for the purposes designated until the close of the 12 succeeding fiscal year. 13 Sec. 31. EFFECTIVE DATE. The following, being deemed of 14 immediate importance, takes effect upon enactment: 15 The section of this division of this Act appropriating 16 moneys to the department of natural resources from moneys 17 allocated to the open spaces account of the Iowa resources 18 enhancement and protection fund for purposes of the repair, 19 restoration, or rehabilitation of property under the 20 jurisdiction or control of the department, for the fiscal year 21 beginning July 1, 2018, and ending June 30, 2019. 22 DIVISION X 23 RELATED CODE CHANGES —— DEPARTMENT OF AGRICULTURE AND LAND 24 STEWARDSHIP —— PROGRAMS TO AUDIT MOTOR FUEL 25 Sec. 32. NEW SECTION . 214A.2C Auditing programs. 26 The department shall establish and administer programs 27 for the auditing of motor fuel including biofuel processing 28 and production plants, for screening and testing motor fuel, 29 including renewable fuel, and for the inspection of motor fuel 30 sold by dealers, including retail dealers who sell and dispense 31 motor fuel from motor fuel pumps. 32 DIVISION XI 33 RELATED CODE CHANGES —— STATE UNIVERSITY OF IOWA —— IOWA 34 GEOLOGICAL SURVEY 35 -26- S3171.2271.S (2) 88 mb 26/ 32
Sec. 33. Section 352.4, subsection 4, Code 2019, is amended 1 to read as follows: 2 4. The state department of agriculture and land 3 stewardship, department of management, department of natural 4 resources, Iowa geological survey, state agricultural extension 5 service, and the economic development authority shall, upon 6 request, provide to each county commission any pertinent land 7 use information available to assist in the compiling of the 8 county land use inventories. 9 Sec. 34. Section 456.1, Code 2019, is amended to read as 10 follows: 11 456.1 Geological Iowa geological survey created. 12 A An Iowa geological survey of the state is created within 13 the state university of Iowa, under the jurisdiction and 14 authority of the state board of regents. 15 Sec. 35. Section 456.10, Code 2019, is amended to read as 16 follows: 17 456.10 Distribution of reports. 18 All publications of the Iowa geological survey shall be made 19 available electronically via an internet site maintained for 20 that purpose. 21 Sec. 36. Section 456.13, Code 2019, is amended to read as 22 follows: 23 456.13 Maps property of state —— custody —— copies. 24 The maps so delivered to the state geologist shall be the 25 property of the state and shall remain in the custody of the 26 state geologist. They shall be kept at the office of the Iowa 27 geological survey and be open to examination by all persons 28 interested in the maps; but such examination shall only be made 29 in the presence of the state geologist or a designee, and the 30 state geologist shall not permit any copies of the maps to be 31 made without the written consent of the operator or the owner 32 of the property, except as provided in section 456.11 or if the 33 mine has been abandoned for at least five years. 34 DIVISION XII 35 -27- S3171.2271.S (2) 88 mb 27/ 32
RELATED CODE CHANGES —— FUTURE REPEAL OF MERCURY THERMOSTAT 1 REGULATION 2 Sec. 37. Section 455D.16, Code 2019, is amended to read as 3 follows: 4 455D.16 Mercury —— thermostats. 5 1. As used in this section , unless the context otherwise 6 requires: 7 a. (1) “Manufacturer” means any person, firm, association, 8 partnership, corporation, governmental entity, organization, 9 combination, or joint venture that owns or owned the brand name 10 of the thermostat. 11 (2) This paragraph “a” is repealed on January 1, 2022. 12 b. “Mercury-added thermostat” means a product or device 13 that uses a mercury switch to sense and control room 14 temperature through communication with heating, ventilating, 15 or air-conditioning equipment. “Mercury-added thermostat” 16 includes thermostats used to sense and control room temperature 17 in residential, commercial, industrial, and other buildings 18 but does not include thermostats used to sense and control 19 temperature as part of a manufacturing process. 20 c. (1) “Thermostat retailer” means a person who sells 21 thermostats of any kind directly to homeowners or other 22 nonprofessionals through any selling or distribution mechanism, 23 including but not limited to sales using the internet or 24 catalogues. A thermostat retailer may also be a thermostat 25 wholesaler if it meets the definition of thermostat wholesaler. 26 (2) This paragraph “c” is repealed on January 1, 2022. 27 d. (1) “Thermostat wholesaler” means a person who is 28 engaged in the distribution and wholesale selling of large 29 quantities of heating, ventilation, and air-conditioning 30 components, including thermostats, to contractors who install 31 heating, ventilation, and air-conditioning components, 32 including thermostats. 33 (2) This paragraph “d” is repealed on January 1, 2022. 34 2. Beginning July 1, 2009, a A person shall not sell, offer 35 -28- S3171.2271.S (2) 88 mb 28/ 32
for sale, or install a mercury-added thermostat in this state. 1 3. Beginning April 1, 2009, except Except as otherwise 2 provided, a person who generates a discarded mercury-added 3 thermostat shall manage the mercury-added thermostat as a 4 hazardous waste or universal hazardous waste, according to all 5 applicable state and federal regulations. A contractor who 6 replaces or removes mercury-added thermostats shall assure that 7 any discarded mercury-added thermostat is subject to proper 8 separation and management as hazardous waste or universal 9 hazardous waste. A contractor who replaces a mercury-added 10 thermostat in a residence shall deliver the mercury-added 11 thermostat to an appropriate collection location for recycling. 12 4. a. Each thermostat manufacturer that has offered for 13 final sale, sold at final sale, or distributed mercury-added 14 thermostats in the state shall individually, or in conjunction 15 with other thermostat manufacturers, do all of the following: 16 a. (1) Not later than October 1, 2008, submit a plan to 17 the department for approval describing a collection program for 18 mercury-added thermostats. The program contained in the plan 19 shall ensure that all the following take place: 20 (1) (a) That an education and outreach program is 21 developed. The program shall be directed toward thermostat 22 wholesalers, thermostat retailers, contractors, and homeowners 23 and ensure a maximum rate of collection of mercury-added 24 thermostats. There shall not be a cost to thermostat 25 wholesalers or thermostat retailers for education and outreach 26 materials. 27 (2) (b) That handling and recycling of mercury-added 28 thermostats are accomplished in a manner that is consistent 29 with the provisions of the universal waste rules. 30 (3) (c) That containers for mercury-added thermostat 31 collection are provided to all thermostat wholesalers. The 32 cost to thermostat wholesalers for such containers shall be 33 limited to an initial, reasonable, one-time fee per container 34 as specified in the plan. 35 -29- S3171.2271.S (2) 88 mb 29/ 32
(4) (d) That collection points will be established to serve 1 homeowners. The collection points shall include but are not 2 limited to regional collection centers permitted under 567 IAC 3 ch. 123. Collection points may include but are not limited to 4 thermostat retailers. 5 (5) (e) That collection systems are provided to all 6 collection points. Collection systems may include individual 7 product mail back or multiple collection containers. The costs 8 of collection shall not be passed on to a collection point. 9 The costs to a collection point shall be limited to an initial, 10 reasonable, one-time fee per container as specified in the 11 plan. 12 b. (2) Not later than April 1, 2009, implement Implement 13 a mercury-added thermostat collection plan approved by the 14 department. 15 c. (3) Beginning in 2010, submit an annual report to the 16 department by April 1 of each year that includes, at a minimum, 17 all of the following: 18 (1) (a) The number of mercury-added thermostats collected 19 and recycled by that manufacturer during the previous calendar 20 year. 21 (2) (b) The estimated total amount of mercury contained in 22 the thermostat components collected by that manufacturer during 23 the previous calendar year. 24 (3) (c) A list of all participating thermostat wholesalers 25 and all collection points for homeowners. 26 (4) (d) An evaluation of the effectiveness of the 27 manufacturer’s collection program. 28 (5) (e) An accounting of the administrative costs incurred 29 in the course of administering the collection and recycling 30 program. 31 b. This subsection is repealed on January 1, 2022. 32 5. a. (1) By April 1, 2009, a A thermostat wholesaler 33 shall do both all of the following: 34 (1) (a) Act as a collection site for mercury-added 35 -30- S3171.2271.S (2) 88 mb 30/ 32
thermostats. 1 (2) (b) Promote and utilize the collection containers 2 provided by thermostat manufacturers to facilitate a contractor 3 collection program. 4 b. (2) By April 1, 2009, a A thermostat retailer shall 5 participate in an education and outreach program to educate 6 consumers on the collection program for mercury-added 7 thermostats. 8 b. This subsection is repealed on January 1, 2022. 9 6. a. Beginning April 1, 2009, all All of the following 10 sales prohibitions shall apply to thermostat manufacturers, 11 thermostat wholesalers, and thermostat retailers: 12 a. (1) A thermostat manufacturer not in compliance with 13 this section is prohibited from offering any thermostat for 14 final sale in the state. A thermostat manufacturer not in 15 compliance with this section shall provide the necessary 16 support to thermostat wholesalers and thermostat retailers to 17 ensure the manufacturer’s thermostats are not offered for final 18 sale. 19 b. (2) A thermostat wholesaler or thermostat retailer shall 20 not offer for final sale any thermostat of a manufacturer that 21 is not in compliance with this section . 22 b. This subsection is repealed on January 1, 2022. 23 7. a. The department shall do all of the following: 24 a. (1) Review and grant approval of, deny, or approve with 25 modifications a manufacturer plan required under this section . 26 The department shall not approve a plan unless all elements of 27 subsection 4 , paragraph “a” , subparagraph (1), are adequately 28 addressed and the program outlined in the plan will assure a 29 maximum rate of collection of mercury-added thermostats. In 30 reviewing a plan the department may consider consistency of 31 the plan with collection requirements in other states and 32 consider consistency between thermostat manufacturer collection 33 programs. In reviewing plans, the agency shall ensure that 34 education and outreach programs are uniform and consistent to 35 -31- S3171.2271.S (2) 88 mb 31/ 32
ensure ease of implementation by thermostat wholesalers and 1 thermostat retailers. 2 b. (2) The department shall establish a process for 3 public review and comment on all plans submitted by thermostat 4 manufacturers prior to plan approval. The department shall 5 consult with interested persons, including representatives of 6 thermostat manufacturers, environmental groups, thermostat 7 wholesalers, thermostat retailers, contractors, and local 8 government. 9 b. This subsection is repealed on January 1, 2022. 10 8. a. The goal of the collection and recycling efforts 11 under this section is to collect and recycle as many 12 mercury-added thermostats as reasonably practicable. By 13 January 1, 2009, the department shall determine collection 14 goals for the program in consultation with interested persons, 15 including the national electrical manufacturers association 16 and representatives of thermostat manufacturers, thermostat 17 wholesalers, thermostat retailers, contractors, environmental 18 groups, and local government. If collection efforts fail to 19 meet the collection goals described in this subsection , the 20 department shall, in consultation with the national electrical 21 manufacturers association and other interested persons, 22 consider modifications to collection programs in an attempt to 23 improve collection rates in accordance with these goals. 24 b. This subsection is repealed on January 1, 2022. 25 DIVISION XIII 26 AGRICULTURAL DRAINAGE WELL CLOSURES 27 Sec. 38. Section 460.304, Code 2019, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 4. A person is not eligible to participate 30 in the program for a project described in this section that 31 involves an agricultural drainage well that has not been 32 registered with the department of natural resources pursuant to 33 section 460.302 by January 1, 2019. >> 34 -32- S3171.2271.S (2) 88 mb 32/ 32