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 thanfiveten 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 thanfive1 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