House File 2679 - Enrolled

PAG LIN

1	1	HOUSE FILE 2679
1	2
1	3	AN ACT
1	4 RELATING TO AGRICULTURAL DRAINAGE WELLS BY PROVIDING FOR THE
1	5	IMPLEMENTATION OF WATER QUALITY PRACTICES AS AN ALTERNATIVE
1	6	TO CONSTRUCTING ALTERNATIVE DRAINAGE SYSTEMS.
1	7
1	8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1	9
1 10	Section 1.	Section 460.303, Code 2005, is amended to read
1 11 as follows:
1 12	460.303	AGRICULTURAL DRAINAGE WELLS == ALTERNATIVE
  1 13 DRAINAGE SYSTEM WELL WATER QUALITY ASSISTANCE FUND.
1 14	1.	An alternative drainage system agricultural drainage
  1 15 well water quality assistance fund is created in the state
1 16 treasury under the control of the soil conservation division.
1 17 The fund is composed of moneys appropriated by the general
1 18 assembly, and moneys available to and obtained or accepted by
1 19 the division or the state soil conservation committee
1 20 established pursuant to section 161A.4, from the United States
1 21 or private sources for placement in the fund.
1 22	2.	Moneys in the fund are subject to an annual audit by
1 23 the auditor of state.	The fund is subject to warrants written
  1 24 by the director of the department of administrative services,
  1 25 drawn upon the written requisition of the division.
1 26	3.	The fund shall be used to support the alternative
  1 27 drainage system an agricultural drainage well water quality
1 28 assistance program as provided in section 460.304.	Moneys
1 29 shall be used to provide financial incentives under the
1 30 program, and to defray expenses by the division in
1 31 administering the program.	However, not more than one percent
1 32 of the money in the fund is available to defray administrative
1 33 expenses.	The division may adopt rules pursuant to chapter
1 34 17A to administer this section.
35	4.	The division shall not in any manner directly or
1 indirectly pledge the credit of the state.
2	2	5.	Section 8.33 shall not apply to moneys in the fund.
2	3 Notwithstanding section 12C.7, moneys earned as income,
2	4 including as interest, from the fund shall remain in the fund
2	5 until expended as provided in this section.
2	6	Sec. 2.	Section 460.304, subsections 1 and 2, Code 2005,
2	7 are amended to read as follows:
2	8	1.	The soil conservation division shall establish an
2	9 alternative drainage system agricultural drainage well water
  2 10 quality assistance program as provided by rules which shall be
2 11 adopted by the division pursuant to chapter 17A.	The program
2 12 shall be supported from moneys deposited in the alternative
  2 13 drainage system agricultural drainage well water quality
2 14 assistance fund created pursuant to section 460.303.
2 15	2.	To the extent that moneys are available to support the
2 16 program, the division shall provide expend moneys from the
  2 17 fund to do the following:
2 18	a.  Provide cost=share moneys to persons closing
2 19 agricultural drainage wells located within designated
  2 20 agricultural drainage well areas, and constructing alternative
  2 21 drainage systems which are part of a drainage district in
2 22 accordance with the priority system established pursuant to
2 23 section 460.302.	In conjunction with closing agricultural
  2 24 wells, the division shall award cost=share moneys to carry out
  2 25 the following projects:
2 26	(1)  Construct alternative drainage systems.
2 27	(2)  Establish water quality practices other than
  2 28 constructing alternative drainage systems, including but not
  2 29 limited to converting land to wetlands.
2 30	The amount of moneys allocated in cost=share payments to a
2 31 person qualifying under the program shall not exceed seventy=
2 32 five percent of the estimated cost of installing carrying out
2 33 the alternative drainage system project or seventy=five
2 34 percent of the actual cost of installing carrying out the
35 alternative drainage system project, whichever is less.
1	b.  Contract with persons to obtain technical assessments
  3  2 in agricultural drainage well areas, including but not limited
  3  3 to areas having a predominance of shallow bedrock or karst

  3  4 terrain as the division determines is necessary to carry out a
  3  5 project.
3	6
3	7
3	8
3	9	CHRISTOPHER C. RANTS
3 10	Speaker of the House
3 11
3 12
3 13
3 14	JEFFREY M. LAMBERTI
3 15	President of the Senate
3 16
3 17	I hereby certify that this bill originated in the House and
3 18 is known as House File 2679, Eighty=first General Assembly. 3 19
3 20
3 21
3 22	MARGARET THOMSON
3 23	Chief Clerk of the House
3 24 Approved	, 2006
3 25
3 26
3 27  	
3 28 THOMAS J. VILSACK
3 29 Governor