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