Senate File 200 - Enrolled

PAG LIN

  1  1                                             SENATE FILE 200
  1  2
  1  3                             AN ACT
  1  4 RELATING TO AGRICULTURE BY PROVIDING FOR THE POWERS AND DUTIES
  1  5    OF THE DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP AND
  1  6    WATERSHED IMPROVEMENT.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10                           DIVISION I
  1 11              IOWA BOARD OF VETERINARY MEDICINE ==
  1 12              ELIMINATION OF REPORTING REQUIREMENT
  1 13    Section 1.  Section 169.5, subsection 7, unnumbered
  1 14 paragraph 3, Code 2005, is amended by striking the unnumbered
  1 15 paragraph.
  1 16                           DIVISION II
  1 17          MOTOR VEHICLE FUEL DEALERS == ELIMINATION OF
  1 18              VOLUNTARY SAMPLING PROCEDURE AND FEE
  1 19    Sec. 2.  Section 214A.6, Code 2005, is repealed.
  1 20                          DIVISION III
  1 21                      WATERSHED IMPROVEMENT
  1 22    Sec. 3.  NEW SECTION.  466A.1  DEFINITIONS.
  1 23    As used in the chapter, unless the context otherwise
  1 24 requires:
  1 25    1.  "Board" means the watershed improvement review board as
  1 26 established in section 466A.3.
  1 27    2.  "Committee" means a local watershed improvement
  1 28 committee as provided in section 466A.4.
  1 29    3.  "Division" means the division of soil conservation
  1 30 within the department of agriculture and land stewardship as
  1 31 established in section 161A.4.
  1 32    4.  "Fund" means the watershed improvement fund as created
  1 33 pursuant to section 466A.2.
  1 34    Sec. 4.  NEW SECTION.  466A.2  WATERSHED IMPROVEMENT FUND.
  1 35    1.  A watershed improvement fund is created in the state
  2  1 treasury which shall be administered by the treasurer of state
  2  2 upon direction of the watershed improvement review board.
  2  3 Moneys appropriated to the fund and any other moneys available
  2  4 to and obtained or accepted by the treasurer of state for
  2  5 placement in the fund shall be deposited in the fund.
  2  6 Additionally, payments of interest, recaptures of awards, and
  2  7 other repayments to the fund shall be deposited in the fund.
  2  8 Notwithstanding section 12C.7, subsection 2, interest or
  2  9 earnings on moneys in the fund shall be credited to the fund.
  2 10 Notwithstanding section 8.33, moneys in the fund that remain
  2 11 unencumbered or unobligated at the end of the fiscal year
  2 12 shall not revert, but shall remain available for the same
  2 13 purpose in the succeeding fiscal year.  The moneys in the fund
  2 14 shall be used exclusively for carrying out the purposes of the
  2 15 fund as provided in this section.  Moneys appropriated to the
  2 16 treasurer of state and deposited in the fund shall not be used
  2 17 by the treasurer of state for administrative purposes.
  2 18    2.  The purposes of the watershed improvement fund are the
  2 19 following:
  2 20    a.  Enhancement of water quality in the state through a
  2 21 variety of impairment=based, locally directed watershed
  2 22 improvement grant projects.
  2 23    b.  Positively affecting the management and use of water
  2 24 for the purposes of drinking, agriculture, recreation, sport,
  2 25 and economic development in the state.
  2 26    c.  Ensuring public participation in the process of
  2 27 determining priorities related to water quality including but
  2 28 not limited to all of the following:
  2 29    (1)  Agricultural runoff and drainage.
  2 30    (2)  Stream bank erosion.
  2 31    (3)  Municipal discharge.
  2 32    (4)  Stormwater runoff.
  2 33    (5)  Unsewered communities.
  2 34    (6)  Industrial discharge.
  2 35    (7)  Livestock runoff.
  3  1    Sec. 5.  NEW SECTION.  466A.3  WATERSHED IMPROVEMENT REVIEW
  3  2 BOARD.
  3  3    1.  A watershed improvement review board is established.
  3  4    a.  The board shall consist of all of the following voting
  3  5 members, appointed by the named entity or entities and
  3  6 approved by the governor:
  3  7    (1)  One member of the agribusiness association of Iowa.
  3  8    (2)  One member of the Iowa association of water agencies.
  3  9    (3)  One member of the Iowa environmental council.
  3 10    (4)  One member of the Iowa farm bureau federation.
  3 11    (5)  One member of the Iowa pork producers association.
  3 12    (6)  One member of the Iowa rural water association.
  3 13    (7)  One member of the Iowa soybean association.
  3 14    (8)  One member representing soil and water conservation
  3 15 districts of Iowa.
  3 16    (9)  One member of the Iowa association of county
  3 17 conservation boards.
  3 18    (10)  One person representing the department of agriculture
  3 19 and land stewardship.
  3 20    (11)  One person representing the department of natural
  3 21 resources.
  3 22    b.  The board shall consist of four members of the general
  3 23 assembly who shall serve as voting members.  Not more than one
  3 24 member from each house shall be from the same political party.
  3 25 Two state senators shall be appointed, one by the majority
  3 26 leader of the senate and one by the minority leader of the
  3 27 senate.  Two state representatives shall be appointed, one by
  3 28 the speaker of the house of representatives and one by the
  3 29 minority leader of the house of representatives.  A member may
  3 30 designate another person to attend a board meeting if the
  3 31 member is unavailable.  Only the member is eligible for per
  3 32 diem and expenses as provided in section 2.10.
  3 33    2.  a.  The voting members of the board shall serve three=
  3 34 year staggered terms commencing and ending as provided in
  3 35 section 69.19.  If a vacancy occurs, a successor shall be
  4  1 appointed in the same manner and subject to the same
  4  2 qualifications as the original appointment, to serve the
  4  3 remainder of the term.
  4  4    b.  The voting members of the board shall elect a
  4  5 chairperson and vice chairperson annually from the voting
  4  6 membership of the board.  A majority of the voting members of
  4  7 the board constitutes a quorum.  If the chairperson and vice
  4  8 chairperson are unable to preside over the board due to
  4  9 absence or disability, a majority of the voting members
  4 10 present may elect a temporary chairperson by a majority vote
  4 11 providing a quorum is present.
  4 12    3.  The watershed improvement review board shall do all of
  4 13 the following:
  4 14    a.  Award local watershed improvement grants and monitor
  4 15 the progress of local watershed improvement projects awarded
  4 16 grants.  A local watershed improvement grant may be awarded
  4 17 for a period not to exceed three years.  Each local watershed
  4 18 improvement grant awarded shall not exceed ten percent of the
  4 19 moneys appropriated for the grants during a fiscal year.
  4 20    b.  Assist with the development of monitoring plans for
  4 21 local watershed improvement projects.
  4 22    c.  Review monitoring results before, during, and after
  4 23 completion of a local watershed improvement project.
  4 24    d.  Review costs and benefits of mitigation practices
  4 25 utilized by a project.
  4 26    e.  By January 31, annually, submit an electronic report to
  4 27 the governor and the general assembly regarding the progress
  4 28 of the watershed improvement projects during the previous
  4 29 calendar year.
  4 30    f.  Elicit the expertise of other organizations for
  4 31 technical assistance in the work of the board.
  4 32    g.  Independently develop and adopt administrative rules
  4 33 pursuant to chapter 17A to administer this chapter.
  4 34    4.  A watershed improvement review board member who also
  4 35 serves on a local watershed improvement committee shall
  5  1 abstain from voting on a local watershed improvement grant
  5  2 application submitted by the same local watershed improvement
  5  3 committee of which the person is a member.  A member of the
  5  4 general assembly shall abstain from participating on any issue
  5  5 relating to a watershed which is in the member's legislative
  5  6 district.
  5  7    Sec. 6.  NEW SECTION.  466A.4  LOCAL WATERSHED IMPROVEMENT
  5  8 COMMITTEES.
  5  9    1.  A local watershed improvement committee shall be
  5 10 organized for the purposes of applying for a local watershed
  5 11 improvement grant and implementing a local watershed
  5 12 improvement project.  Each local watershed improvement grant
  5 13 application shall include a methodology for attaining
  5 14 measurable, observable, and performance=based results.  A
  5 15 majority of the members of the committee shall represent a
  5 16 cause for the impairment of the watershed.  The committee
  5 17 shall be authorized as a not=for=profit organization by the
  5 18 secretary of state.  Soil and water conservation districts may
  5 19 also be eligible and apply for and receive local watershed
  5 20 improvement grants.
  5 21    2.  A local watershed improvement committee shall be
  5 22 responsible for application for and implementation of an
  5 23 approved local watershed improvement grant, including
  5 24 providing authorization for project bids and project
  5 25 expenditures under the grant.  A portion of the grant moneys
  5 26 may be used to engage engineering expertise related to the
  5 27 project.  The committee shall monitor local performance
  5 28 throughout the local watershed grant project and shall submit
  5 29 a report at six=month intervals regarding the progress and
  5 30 findings of the project as required by the committee.
  5 31    Sec. 7.  NEW SECTION.  466A.5  ADMINISTRATION.
  5 32    The soil conservation division of the department of
  5 33 agriculture and land stewardship shall provide administrative
  5 34 support to the board.  Not more than one percent of the total
  5 35 moneys deposited in the watershed improvement fund on July 1
  6  1 of a fiscal year or fifty thousand dollars, whichever is less,
  6  2 is appropriated each fiscal year to the division for the
  6  3 purposes of assisting the watershed improvement review board
  6  4 in administering this chapter.
  6  5
  6  6
  6  7                                                             
  6  8                               JOHN P. KIBBIE
  6  9                               President of the Senate
  6 10
  6 11
  6 12                                                             
  6 13                               CHRISTOPHER C. RANTS
  6 14                               Speaker of the House
  6 15
  6 16    I hereby certify that this bill originated in the Senate and
  6 17 is known as Senate File 200, Eighty=first General Assembly.
  6 18
  6 19
  6 20                                                             
  6 21                               MICHAEL E. MARSHALL
  6 22                               Secretary of the Senate
  6 23 Approved                , 2005
  6 24
  6 25
  6 26                                
  6 27 THOMAS J. VILSACK
  6 28 Governor