House File 498

                                       HOUSE FILE       
                                       BY  GREIMANN, STEVENS, HEDDENS,
                                           T. TAYLOR, MILLER, MERTZ,
                                           BUKTA, MASCHER, WHITAKER,
                                           WINCKLER, LENSING, and SHOULTZ


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to credible data concerning water quality.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2619YH 80
  4 av/sh/8

PAG LIN

  1  1    Section 1.  Section 455B.171, subsection 4, Code 2003, is
  1  2 amended to read as follows:
  1  3    4.  "Credible data" means scientifically valid chemical,
  1  4 physical, or biological monitoring data collected under a
  1  5 scientifically accepted sampling and analysis plan, including
  1  6 quality control and quality assurance procedures, and
  1  7 scientifically valid evaluative data and information
  1  8 documented by a qualified professional in the department such
  1  9 as a professional engineer, biologist, or hydrologist, or by a
  1 10 professional designee of the department, as defined in section
  1 11 455B.193, subsection 1.  Data dated more than five ten years
  1 12 before the department's date of listing or other determination
  1 13 under section 455B.194, subsection 1, shall be presumed not to
  1 14 be credible data unless the department identifies compelling
  1 15 reasons as to why the data is credible.
  1 16    Sec. 2.  Section 455B.171, subsection 8, Code 2003, is
  1 17 amended to read as follows:
  1 18    8.  "Historical data" means data collected more than five
  1 19 ten years before the department's date of listing or other
  1 20 determination under section 455B.194, subsection 1.
  1 21    Sec. 3.  Section 455B.193, subsection 1, Code 2003, is
  1 22 amended to read as follows:
  1 23    1.  Data is not credible data unless the data originates
  1 24 from studies and samples collected by the department, a
  1 25 professional designee of the department, or a qualified
  1 26 volunteer.  For purposes of this subsection, "professional
  1 27 designee" includes governmental agencies other than the
  1 28 department, and a person hired by, or under contract for
  1 29 compensation with, the department to collect or study data,
  1 30 and a qualified volunteer who has passed the third level of
  1 31 training in quality control and quality assessment measures
  1 32 under the Iowa water pollution control works and drinking
  1 33 water facilities financing program.
  1 34    Sec. 4.  Section 455B.194, subsection 1, paragraph a, Code
  1 35 2003, is amended by striking the paragraph.
  2  1    Sec. 5.  Section 455B.195, subsection 1, paragraph b, Code
  2  2 2003, is amended to read as follows:
  2  3    b.  The data quality for removal of water of the state from
  2  4 any list of impaired waters including any section 303(d) list
  2  5 shall be the same as the data quality for adding a water to
  2  6 that list.  A water of the state that is placed on a section
  2  7 303(d) list shall not be removed from a section 303(d) list
  2  8 due to lack of credible data.
  2  9                           EXPLANATION
  2 10    This bill relates to credible data requirements concerning
  2 11 water quality.  The bill provides that credible data collected
  2 12 includes scientifically valid evaluative data and information
  2 13 documented by a qualified professional in the department of
  2 14 natural resources such as a professional engineer, biologist,
  2 15 or hydrologist, or by a professional designee of the
  2 16 department.  A professional designee of the department of
  2 17 natural resources includes governmental agencies other than
  2 18 the department, a person hired by, or under contract for
  2 19 compensation with, the department to collect or study data, or
  2 20 a qualified volunteer who has passed the third level of
  2 21 training in quality control and quality assessment measures
  2 22 under the Iowa water pollution control works and drinking
  2 23 water facilities financing program.
  2 24    The bill also provides that credible data used for certain
  2 25 purposes under Code section 455B.194, subsection 1, that is
  2 26 dated more than 10 years before the department's date of
  2 27 listing or other determination of water quality shall be
  2 28 presumed not to be credible unless the department identifies
  2 29 compelling reasons why the data is credible.  The bill also
  2 30 defines "historical data" for purposes of determining water
  2 31 trends under Code section 455B.195, as data collected that was
  2 32 collected more than 10 years instead of five years before the
  2 33 department's date of listing or other determination of water
  2 34 quality.
  2 35    The bill removes a requirement that the department of
  3  1 natural resources must use credible data when developing and
  3  2 reviewing any water quality standard.
  3  3    The bill provides that a water of the state that is placed
  3  4 on a section 303(d) list required under the federal Clean
  3  5 Water Act shall not be removed from that list due to a lack of
  3  6 credible data.  A section 303(d) list is a list required by
  3  7 federal law and prepared by the state, of all surface waters
  3  8 in the state for which beneficial uses of the water, such as
  3  9 drinking, recreation, aquatic habitat, and industrial use, are
  3 10 impaired by pollutants.
  3 11 LSB 2619YH 80
  3 12 av/sh/8.1