House File 132 - Introduced
HOUSE FILE
BY GREINER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the administration of units of government
2 associated with soil and water conservation, including
3 transferring the soil conservation division of the department
4 of agriculture and land stewardship to the department of
5 natural resources, and making name changes.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1226YH 81
8 da/pj/5
PAG LIN
1 1 Section 1. Section 159.5, subsection 13, Code 2005, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 159.18, subsections 1 and 3, Code 2005,
1 4 are amended to read as follows:
1 5 1. As used in this section, "farm programs" includes, but
1 6 is not limited to, financial incentive programs established
1 7 within the division of soil and water conservation of the
1 8 department of agriculture and land stewardship natural
1 9 resources as provided in section 161A.70 and the beginning
1 10 farmer loan program administered by the agricultural
1 11 development authority as provided in section 175.12.
1 12 3. The department shall cooperate with private
1 13 institutions and public agencies in order to carry out this
1 14 section, including but not limited to the department of
1 15 natural resources, the department of economic development, and
1 16 the United States department of agriculture.
1 17 Sec. 3. Section 161A.3, subsection 5, Code 2005, is
1 18 amended to read as follows:
1 19 5. "Department" means the department of agriculture and
1 20 land stewardship natural resources.
1 21 Sec. 4. Section 161A.3, Code 2005, is amended by adding
1 22 the following new subsection:
1 23 NEW SUBSECTION. 5A. "Director" means the director of the
1 24 department of natural resources.
1 25 Sec. 5. Section 161A.3, subsection 7, Code 2005, is
1 26 amended to read as follows:
1 27 7. "Division" means the division of soil and water
1 28 conservation created within the department.
1 29 Sec. 6. Section 161A.4, subsections 1 through 3, Code
1 30 2005, are amended to read as follows:
1 31 1. The soil and water conservation division is established
1 32 within the department to perform the functions conferred upon
1 33 it in chapters 161A through 161C, 161E, 161F, 207, and 208.
1 34 The division shall be administered in accordance with the
1 35 policies of the state soil conservation committee, which shall
2 1 advise the division and which shall approve administrative
2 2 rules proposed by the division for the administration of
2 3 chapters 161A through 161C, 161E, 161F, 207, and 208 before
2 4 the rules are adopted pursuant to section 17A.5. If a
2 5 difference exists between the committee and secretary director
2 6 regarding the content of a proposed rule, the secretary
2 7 director shall notify the chairperson of the committee of the
2 8 difference within thirty days from the committee's action on
2 9 the rule. The secretary director and the committee shall meet
2 10 to resolve the difference within thirty days after the
2 11 secretary director provides the committee with notice of the
2 12 difference.
2 13 1A. The state soil conservation committee consists of a
2 14 chairperson and eight other voting members.
2 15 a. The following shall serve as ex officio nonvoting
2 16 members of the committee: the director of the Iowa
2 17 cooperative extension service in agriculture and home
2 18 economics, or the director's designee; and the director of the
2 19 department of natural resources secretary of agriculture, or
2 20 the director's secretary's designee.
2 21 b. Nine voting members shall be appointed by the governor
2 22 subject to confirmation by the senate. Six of the appointive
2 23 members shall be persons engaged in actual farming operations,
2 24 one of whom shall be a resident of each of six geographic
2 25 regions in the state, including northwest, southwest, north
2 26 central, south central, northeast, and southeast Iowa, and no
2 27 more than one of whom shall be a resident of any one county.
2 28 The boundaries of the geographic regions shall be established
2 29 by rule. The seventh, eighth, and ninth appointive members
2 30 shall be chosen by the governor from the state at large with
2 31 one appointed to be a representative of cities, one appointed
2 32 to be a representative of the mining industry, and one
2 33 appointee who is a farmer actively engaged in tree farming.
2 34 The committee may invite the secretary of agriculture of the
2 35 United States to appoint one person to serve with the other
3 1 members, and the president of the Iowa county engineers
3 2 association may designate a member of the association to serve
3 3 in the same manner, but these persons have no vote and shall
3 4 serve in an advisory capacity only.
3 5 1B. The committee may perform acts, hold public hearings,
3 6 and propose and approve rules pursuant to chapter 17A as
3 7 necessary for the execution of its functions.
3 8 2. The committee shall recommend three persons to the
3 9 secretary of agriculture director who shall appoint from the
3 10 persons recommended an administrative director a division
3 11 administrator to head the division who shall serve at the
3 12 pleasure of the secretary director. After reviewing the names
3 13 submitted, the secretary director may request the soil
3 14 conservation committee to submit additional names for
3 15 consideration. The committee shall recommend to the secretary
3 16 director each year a budget for the division. The secretary
3 17 director, at the earliest opportunity and prior to formulating
3 18 a budget, shall meet with representatives of the committee to
3 19 discuss the committee's recommendation.
3 20 2A. The committee or division may call upon the attorney
3 21 general of the state for necessary legal services. The
3 22 committee may delegate to its chairperson, to one or more of
3 23 its members, or to one or more agents or employees, powers and
3 24 duties as it deems proper. Upon request of the committee, for
3 25 the purpose of carrying out any of the functions assigned the
3 26 committee or the department by law, the supervising officer of
3 27 any state agency, or of any state institution of learning
3 28 shall, insofar as possible under available appropriations, and
3 29 having due regard to the needs of the agency to which the
3 30 request is directed, assign or detail the request to the staff
3 31 or personnel of the agency or institution of learning, and
3 32 make the special reports, surveys, or studies as the committee
3 33 requests.
3 34 3. The committee shall designate its chairperson, and may
3 35 change the designation. The members appointed by the governor
4 1 shall serve for a period of six years. Members shall be
4 2 appointed in each odd=numbered year to succeed members whose
4 3 terms expire as provided by section 69.19. Appointments may
4 4 be made at other times and for other periods as necessary to
4 5 fill vacancies on the committee. Members shall not be
4 6 appointed to serve more than two complete six=year terms.
4 7 Members designated to represent the director secretary of the
4 8 department of natural resources agriculture and the director
4 9 of the Iowa cooperative extension service in agriculture and
4 10 home economics shall serve at the pleasure of the officer
4 11 making the designation. A majority of the voting members of
4 12 the committee constitutes a quorum, and the concurrence of a
4 13 majority of the voting members of the committee in any matter
4 14 within their duties is required for its determination.
4 15 Members are entitled to actual expenses necessarily incurred
4 16 in the discharge of their duties as members of the committee.
4 17 The expenses paid to the committee members shall be paid from
4 18 funds appropriated to the department. Each member of the
4 19 committee may also be eligible to receive compensation as
4 20 provided in section 7E.6. The committee shall provide for the
4 21 execution of surety bonds for all employees and officers who
4 22 are entrusted with funds or property, shall provide for the
4 23 keeping of a full and accurate record of all proceedings and
4 24 of all resolutions and orders issued or adopted, and shall
4 25 provide for an annual audit of the accounts of receipts and
4 26 disbursements.
4 27 Sec. 7. Section 161A.4, subsection 4, unnumbered paragraph
4 28 1, Code 2005, is amended to read as follows:
4 29 In addition to other duties and powers conferred upon the
4 30 division of soil and water conservation, the division has the
4 31 following duties and powers:
4 32 Sec. 8. Section 161A.6, unnumbered paragraph 4, Code 2005,
4 33 is amended to read as follows:
4 34 The commissioners may call upon the attorney general of the
4 35 state for such legal services as they may require. The
5 1 commissioners may delegate to their chairperson, to one or
5 2 more commissioners or to one or more agents, or employees,
5 3 such powers and duties as they may deem proper. The
5 4 commissioners shall furnish to the division of soil
5 5 conservation, upon request, copies of such ordinances, rules,
5 6 regulations, orders, contracts, forms, and other documents as
5 7 they shall adopt or employ, and such other information
5 8 concerning their activities as it may require in the
5 9 performance of its duties under this chapter.
5 10 Sec. 9. Section 161A.15, Code 2005, is amended to read as
5 11 follows:
5 12 161A.15 NOTICE AND HEARING.
5 13 Within thirty days after a petition has been filed with the
5 14 soil and water conservation district commissioners, they shall
5 15 fix a date, hour, and place for a hearing and direct the
5 16 secretary of the district to cause notice to be given to the
5 17 owners of each tract of land, or lot, within the proposed
5 18 subdistrict as shown by the transfer books of the auditor's
5 19 office, and to each lienholder, or encumbrancer, of any such
5 20 lands as shown by the county records, and to all other persons
5 21 whom it may concern, and without naming individuals all actual
5 22 occupants of land in the proposed subdistrict, of the pendency
5 23 and purpose of the petition and that all objections to
5 24 establishment of the subdistrict for any reason must be made
5 25 in writing and filed with the secretary of the soil and water
5 26 conservation district at, or before, the time set for hearing.
5 27 The soil and water conservation district commissioners shall
5 28 consider and determine whether the operation of the
5 29 subdistrict within the defined boundaries as proposed is
5 30 desirable, practicable, feasible, and of necessity in the
5 31 interest of health, safety, and public welfare. All
5 32 interested parties may attend the hearing and be heard. The
5 33 soil and water conservation district commissioners may for
5 34 good cause adjourn the hearing to a day certain which shall be
5 35 announced at the time of adjournment and made a matter of
6 1 record. If the soil and water conservation district
6 2 commissioners determine that the petition meets the
6 3 requirements set forth in this section and in section 161A.5,
6 4 they shall declare that the subdistrict is duly organized and
6 5 shall record such action in their official minutes together
6 6 with an appropriate official name or designation for the
6 7 subdistrict.
6 8 Sec. 10. Section 161A.18, Code 2005, is amended to read as
6 9 follows:
6 10 161A.18 CERTIFICATION.
6 11 Following the entry in the official minutes of the soil and
6 12 water conservation district commissioners of the creation of
6 13 the subdistrict, the commissioners shall certify this fact on
6 14 a separate form, authentic copies of which shall be recorded
6 15 with the county recorder of each county in which any portion
6 16 of the subdistrict lies, and with the division of soil
6 17 conservation.
6 18 Sec. 11. Section 161A.42, subsection 12, Code 2005, is
6 19 amended to read as follows:
6 20 12. "State forester" means a person employed by the
6 21 department of natural resources as required by section
6 22 456A.13.
6 23 Sec. 12. Section 161A.61, subsection 2, paragraph b, Code
6 24 2005, is amended to read as follows:
6 25 b. Bring the farm unit which is the subject of the order
6 26 into compliance with a plan developed for that farm unit by
6 27 the commissioners, in accordance with guidelines established
6 28 by the division of soil conservation, and presented to the
6 29 court as a part of the commissioners' petition, if a farm unit
6 30 soil conservation plan has not previously been agreed upon for
6 31 that farm unit. A plan presented to the court by the
6 32 commissioners under this paragraph shall specify as many
6 33 alternative approved soil and water conservation practices as
6 34 feasible, among which the owner or occupant of the farm unit
6 35 may choose in taking the steps necessary to comply with the
7 1 court's order.
7 2 Sec. 13. Section 161A.80, subsection 2, Code 2005, is
7 3 amended to read as follows:
7 4 2. A blufflands protection revolving fund is created in
7 5 the state treasury. All proceeds shall be divided into two
7 6 equal accounts. One account shall be used for the purchase of
7 7 blufflands along the Mississippi river and its tributaries and
7 8 the other account shall be used for the purchase of blufflands
7 9 along the Missouri river and its tributaries. The proceeds of
7 10 the revolving fund are appropriated to make loans to
7 11 conservation organizations which agree to purchase bluffland
7 12 properties adjacent to state public lands. The department of
7 13 agriculture and land stewardship, in conjunction with the
7 14 department of natural resources, in conjunction with the
7 15 department of agriculture and land stewardship, shall adopt
7 16 rules pursuant to chapter 17A to administer the disbursement
7 17 of funds. Notwithstanding section 12C.7, interest or earnings
7 18 on investments made pursuant to this section or as provided in
7 19 section 12B.10 shall be credited to the blufflands protection
7 20 revolving fund. Notwithstanding section 8.33, unobligated or
7 21 unencumbered funds credited to the blufflands protection
7 22 revolving fund shall not revert at the close of a fiscal year.
7 23 However, the maximum balance in the blufflands protection
7 24 revolving fund shall not exceed two million five hundred
7 25 thousand dollars. Any funds in excess of two million five
7 26 hundred thousand dollars shall be credited to the rebuild Iowa
7 27 infrastructure fund.
7 28 a. This section is repealed on July 1, 2005.
7 29 b. The principal and interest from any blufflands
7 30 protection loan outstanding on July 1, 2005, and payable to
7 31 the blufflands protection revolving fund, shall be paid to the
7 32 administrative director administrator of the soil and water
7 33 conservation division of soil conservation the department on
7 34 or after July 1, 2005, pursuant to the terms of the loan
7 35 agreement and shall be credited to the rebuild Iowa
8 1 infrastructure fund.
8 2 Sec. 14. Section 161C.1, subsections 2 and 4, Code 2005,
8 3 are amended to read as follows:
8 4 2. "Department" means the department of agriculture and
8 5 land stewardship natural resources.
8 6 4. "Division" means the division of soil and water
8 7 conservation created within the department.
8 8 Sec. 15. Section 161C.6, subsection 2, paragraph e, Code
8 9 2005, is amended to read as follows:
8 10 e. The department shall not allocate moneys to a person
8 11 who is a party to a legal or administrative action, including
8 12 a contested case proceeding under chapter 17A, which relates
8 13 to an alleged violation of chapter 455B or 459, subchapters II
8 14 and III, involving the disposal of livestock waste, until the
8 15 action is resolved. The department of natural resources shall
8 16 cooperate with the division by providing information necessary
8 17 to administer this paragraph.
8 18 Sec. 16. Section 161C.7, subsection 1, Code 2005, is
8 19 amended to read as follows:
8 20 1. The department of agriculture and land stewardship
8 21 division shall implement and administer a watershed protection
8 22 program. The division, in consultation with the department of
8 23 agriculture and land stewardship, in consultation with the
8 24 department of natural resources, shall annually establish a
8 25 prioritized list of watersheds that are of the highest
8 26 importance to the state's water quality. The watershed
8 27 protection program shall, to the extent practical, target for
8 28 assistance those watersheds on the prioritized list. A soil
8 29 and water conservation district, in cooperation with state
8 30 agencies, local units of government, and private
8 31 organizations, may submit an application for assistance to the
8 32 department division which provides a strategy for protecting
8 33 soil, water quality, and other natural resources, and
8 34 improving flood control in the watershed. Upon approval of an
8 35 application, the department division may provide a grant to
9 1 the soil and water conservation district for purposes of
9 2 carrying out the strategy provided in the application.
9 3 Sec. 17. Section 161D.1, subsection 2, Code 2005, is
9 4 amended to read as follows:
9 5 2. The mission of the authority is to develop and
9 6 coordinate plans for projects related to the unique natural
9 7 resource, rural development, and infrastructure problems of
9 8 counties in the deep loess region of western Iowa. The
9 9 erosion and degradation of stream channels in the deep loess
9 10 soils has occurred due to historic channelization of the
9 11 Missouri river and straightening stream channels of its
9 12 tributaries. This erosion of land has damaged the rural
9 13 infrastructure of this area, destroyed public roads and
9 14 bridges, adversely impacted stream water quality and riparian
9 15 habitat, and affected other public and private improvements.
9 16 Stabilization of stream channels is necessary to protect the
9 17 rural infrastructure in the deep loess soils area of the
9 18 state. The authority shall cooperate with the division of
9 19 soil and water conservation of the department of agriculture
9 20 and land stewardship natural resources, the affected soil and
9 21 water conservation districts, the department of natural
9 22 resources agriculture and land stewardship, and the state
9 23 department of transportation in carrying out its mission and
9 24 duties. The authority shall also cooperate with appropriate
9 25 federal agencies, including the United States environmental
9 26 protection agency, the United States department of interior,
9 27 and the United States department of agriculture natural
9 28 resources conservation service. The authority shall make use
9 29 of technical resources available through member counties and
9 30 cooperating agencies.
9 31 Sec. 18. Section 161D.8, subsection 1, unnumbered
9 32 paragraph 1, Code 2005, is amended to read as follows:
9 33 The authority shall submit to the department of management,
9 34 the legislative services agency, and the division of soil and
9 35 water conservation of the department of agriculture and land
10 1 stewardship natural resources, on or before December 31
10 2 annually, a report including information regarding all of the
10 3 following:
10 4 Sec. 19. Section 161D.11, subsection 3, Code 2005, is
10 5 amended to read as follows:
10 6 3. The authority shall cooperate with the division of soil
10 7 and water conservation of the department of agriculture and
10 8 land stewardship natural resources, the affected soil and
10 9 water conservation districts, the department of natural
10 10 resources agriculture and land stewardship, and the state
10 11 department of transportation in carrying out its mission and
10 12 duties. The authority shall also cooperate with appropriate
10 13 federal agencies, including the United States environmental
10 14 protection agency, the United States department of interior,
10 15 and the United States department of agriculture natural
10 16 resources conservation service. The authority shall make use
10 17 of technical resources available through member counties and
10 18 cooperating agencies.
10 19 Sec. 20. Section 161D.13, subsection 1, unnumbered
10 20 paragraph 1, Code 2005, is amended to read as follows:
10 21 The southern Iowa development and conservation authority
10 22 shall submit to the department of management, the legislative
10 23 services agency, and the division of soil and water
10 24 conservation division of the department of agriculture and
10 25 land stewardship natural resources, on or before December 31
10 26 annually, a report including information regarding all of the
10 27 following:
10 28 Sec. 21. Section 175.34, subsection 2, paragraph c, Code
10 29 2005, is amended to read as follows:
10 30 c. The Any state agency, including but not limited to the
10 31 soil and water conservation division of soil conservation the
10 32 department of natural resources as provided in chapter 161A,
10 33 or any other state agency and the commissioners and staffs of
10 34 the soil and water conservation districts as provided in that
10 35 chapter, may provide technical and financial assistance to the
11 1 authority or in connection with the soil conservation loan
11 2 program to assure the success of this program.
11 3 Sec. 22. Section 207.2, subsections 1 through 3, Code
11 4 2005, are amended to read as follows:
11 5 1. "Administrator" means the division administrator of the
11 6 division of soil and water conservation of the department as
11 7 provided in section 161A.4 or a designee.
11 8 2. "Committee" means the state soil conservation committee
11 9 as established in section 161A.4.
11 10 2A. "Department" means the department of natural
11 11 resources.
11 12 3. "Division" means the division of soil and water
11 13 conservation division established within the department of
11 14 agriculture and land stewardship as provided in section
11 15 161A.4.
11 16 Sec. 23. Section 208.2, subsections 1, 3, and 4, Code
11 17 2005, are amended to read as follows:
11 18 1. "Administrator" means the administrator of the division
11 19 of soil conservation or a designee.
11 20 3. "Committee" means the state soil conservation committee
11 21 as established in section 161A.4.
11 22 4. "Division" means the division of soil and water
11 23 conservation division established within the department of
11 24 agriculture and land stewardship natural resources as provided
11 25 in section 161A.4.
11 26 Sec. 24. Section 455A.1, subsection 6, Code 2005, is
11 27 amended by striking the subsection.
11 28 Sec. 25. Section 455A.7, subsections 1 and 3, Code 2005,
11 29 are amended to read as follows:
11 30 1. a. The director may establish administrative
11 31 divisions, bureaus, or other administrative entities within
11 32 the department in order to most efficiently and effectively
11 33 carry out the department's responsibilities. The creation or
11 34 modification of departmental divisions, bureaus, or other
11 35 administrative entities shall be implemented only after
12 1 consultation with the natural resource commission or the
12 2 environmental protection commission as applicable.
12 3 b. A soil and water conservation division is created in
12 4 the department as provided in section 161A.4.
12 5 3. a. The director shall appoint an administrator for
12 6 each division created under subsection 1. The director shall
12 7 appoint the division administrator for the soil and water
12 8 conservation division from a list of names of persons
12 9 recommended by the soil conservation committee, pursuant to
12 10 section 161A.4.
12 11 b. The director shall make the appointment based on the
12 12 appointee's training, experience, and capabilities. Each
12 13 administrator has the responsibility of administering the
12 14 programs assigned the division under subsection 1 and other
12 15 programs assigned by the director. Each administrator shall
12 16 carry out the duties and responsibilities of office under the
12 17 general direction and supervision of the director.
12 18 Sec. 26. Section 455A.19, subsection 1, paragraph c, Code
12 19 2005, is amended to read as follows:
12 20 c. Twenty percent shall be allocated to the soil and water
12 21 enhancement account. The moneys shall be used to carry out
12 22 soil and water enhancement programs including, but not limited
12 23 to, reforestation, woodland protection and enhancement,
12 24 wildlife habitat preservation and enhancement, protection of
12 25 highly erodible soils, and clean water programs. The division
12 26 of soil and water conservation division, by rule, shall
12 27 establish procedures for eligibility, application, review, and
12 28 selection of projects and practices to implement the
12 29 requirements of this paragraph. There is appropriated from
12 30 the soil and water enhancement account to the soil
12 31 conservation division the amount in that account, or so much
12 32 thereof as is necessary, to carry out the programs as
12 33 specified in this paragraph. Remaining funds of the soil and
12 34 water enhancement account shall be allocated to the accounts
12 35 of the water protection fund authorized in section 161C.4.
13 1 Annually, fifty percent of the soil and water enhancement
13 2 account funds shall be allocated to the water quality
13 3 protection projects account. The balance of the funds shall
13 4 be allocated to the water protection practices account. An
13 5 appropriation made under this paragraph shall continue in
13 6 force for two fiscal years after the fiscal year in which the
13 7 appropriation was made or until completion of the project for
13 8 which the appropriation was made, whichever date is earlier.
13 9 All unencumbered or unobligated funds remaining at the close
13 10 of the fiscal year in which the project is completed or at the
13 11 close of the third fiscal year, whichever date is earlier,
13 12 shall revert to the soil and water enhancement account.
13 13 Sec. 27. Section 455E.11, subsection 1, unnumbered
13 14 paragraph 3, Code 2005, is amended by striking the unnumbered
13 15 paragraph.
13 16 Sec. 28. Section 455E.11, subsection 2, paragraph b,
13 17 subparagraph (3), subparagraph subdivision (d), Code 2005, is
13 18 amended to read as follows:
13 19 (d) Thirteen percent of the moneys is appropriated
13 20 annually to the department of agriculture and land stewardship
13 21 natural resources, soil and water conservation division, for
13 22 financial incentive programs related to agricultural drainage
13 23 wells and sinkholes, for studies and administrative costs
13 24 relating to sinkholes and agricultural drainage wells
13 25 programs. Of the moneys allocated for financial incentive
13 26 programs, the department division may reimburse landowners for
13 27 engineering costs associated with voluntarily closing
13 28 agricultural drainage wells. The financial incentives
13 29 allocated for voluntary closing of agricultural drainage wells
13 30 shall be provided on a cost=share basis which shall not exceed
13 31 fifty percent of the estimated cost or fifty percent of the
13 32 actual cost, whichever is less. Engineering costs do not
13 33 include construction costs, including costs associated with
13 34 earth moving.
13 35 Sec. 29. Section 456.11, subsection 10, Code 2005, is
14 1 amended to read as follows:
14 2 10. COPIES FURNISHED. The state geologist shall provide
14 3 the department's division of soil and water conservation
14 4 within the department of agriculture and land stewardship with
14 5 a copy of each map and map extension received by the geologist
14 6 under this section.
14 7 Sec. 30. Section 456A.33A, Code 2005, is amended to read
14 8 as follows:
14 9 456A.33A WATERSHED PRIORITY.
14 10 The commission shall each year establish a priority list of
14 11 watersheds which are of highest importance based on soil loss
14 12 to be used for the allocation of moneys set aside in annual
14 13 appropriations from the general fund to the department of
14 14 agriculture and land stewardship for permanent soil
14 15 conservation practices under chapter 161A on watersheds above
14 16 publicly owned lakes. Chapter 17A does not apply to this
14 17 section.
14 18 Sec. 31. Section 460.101, Code 2005, is amended by adding
14 19 the following new subsection:
14 20 NEW SUBSECTION. 4A. "Department" means the department of
14 21 natural resources.
14 22 Sec. 32. Section 460.101, subsections 5, 6, and 9, Code
14 23 2005, are amended to read as follows:
14 24 5. "Designated agricultural drainage well area" means an
14 25 agricultural drainage well area in which there is located an
14 26 anaerobic lagoon or earthen manure storage basin required to
14 27 obtain a construction permit by the department of natural
14 28 resources.
14 29 6. "Division" means the soil and water conservation
14 30 division of the department of agriculture and land
14 31 stewardship.
14 32 9. "Earthen storage structure" means an earthen cavity,
14 33 either covered or uncovered, including but not limited to an
14 34 anaerobic lagoon or earthen manure storage basin which is used
14 35 to store manure, sewage, wastewater, industrial waste, or
15 1 other waste as regulated by the department of natural
15 2 resources, if stored in a liquid or semi=liquid state.
15 3 Sec. 33. Section 460.202, subsection 1, unnumbered
15 4 paragraph 1, Code 2005, is amended to read as follows:
15 5 An owner of land on which an agricultural drainage well is
15 6 located shall prevent surface water from draining into the
15 7 agricultural drainage well. The landowner shall comply with
15 8 rules, which shall be adopted by the department, in
15 9 consultation with the division, required to carry out this
15 10 section. The landowner shall do all of the following:
15 11 Sec. 34. Section 460.202, subsection 3, Code 2005, is
15 12 amended to read as follows:
15 13 3. The department division shall adopt guidelines as
15 14 necessary to assist counties in performing inspections as
15 15 provided in this section. The guidelines shall not affect the
15 16 authority of a county to designate a person to perform
15 17 inspections.
15 18 Sec. 35. Section 460.203, subsection 1, Code 2005, is
15 19 amended to read as follows:
15 20 1. Not later than December 31, 2001, the owner of land
15 21 which is within a designated agricultural drainage well area
15 22 shall close each agricultural drainage well located on the
15 23 land. The owner shall close the agricultural drainage well in
15 24 a manner using materials and according to specifications
15 25 required by rules which shall be adopted by the department in
15 26 consultation with the division. The department may provide
15 27 different closing requirements based on classifications
15 28 established by the department. However, the department's
15 29 division's requirements shall ensure that an agricultural
15 30 drainage well is closed by using sealing materials such as
15 31 bentonite to permanently seal the agricultural drainage well
15 32 from contamination by surface or subsurface water drainage.
15 33 Sec. 36. Section 460.204, Code 2005, is amended to read as
15 34 follows:
15 35 460.204 NOTICE.
16 1 1. The department division shall provide information
16 2 regarding landowners registering agricultural drainage wells
16 3 pursuant to section 460.302 to each county board of
16 4 supervisors in which an agricultural drainage well is
16 5 registered.
16 6 2. The department division shall notify landowners of land
16 7 on which an agricultural drainage well is located of the
16 8 deadline for complying with this subchapter. The notice shall
16 9 be provided by print, electronic media, or other notification
16 10 process. The department division shall provide the notice in
16 11 cooperation with the county board of supervisors in the county
16 12 where the agricultural drainage well is located.
16 13 3. The department division shall mail a special notice to
16 14 owners of land registering agricultural drainage wells
16 15 pursuant to section 460.302.
16 16 Sec. 37. Section 460.302, Code 2005, is amended to read as
16 17 follows:
16 18 460.302 AGRICULTURAL DRAINAGE WELLS.
16 19 1. An owner of an agricultural drainage well shall
16 20 register the well with the department of natural resources by
16 21 September 30, 1988. The department of agriculture and land
16 22 stewardship, in cooperation with the department of natural
16 23 resources, shall adopt rules, pursuant to chapter 17A, which
16 24 provide for an appeals process for violations of this
16 25 subsection.
16 26 2. An owner of an agricultural drainage well and a
16 27 landholder whose land is drained by the well or wells of
16 28 another person shall develop, in consultation with the
16 29 department of agriculture and land stewardship and the
16 30 department of natural resources division, a plan which
16 31 proposes alternatives to the use of agricultural drainage
16 32 wells by July 1, 1998.
16 33 a. Financial incentive moneys may be allocated from the
16 34 financial incentive portion of the agriculture management
16 35 account of the groundwater protection fund to implement
17 1 alternatives to agricultural drainage wells.
17 2 b. An owner of an agricultural drainage well and a
17 3 landholder whose land is drained by the well or wells of
17 4 another person shall not be eligible for financial incentive
17 5 moneys pursuant to paragraph "a" if the owner fails to
17 6 register the well with the department of natural resources by
17 7 September 30, 1988, or if the owner fails to develop a plan
17 8 for alternatives in cooperation with the department of
17 9 agriculture and land stewardship and the department of natural
17 10 resources division.
17 11 3. The department shall:
17 12 a. On July 1, 1987 initiate a pilot demonstration and
17 13 research project concerning elimination of groundwater
17 14 contamination attributed to the use of agricultural chemicals
17 15 and agricultural drainage wells. The project shall be
17 16 established in a location in north central Iowa determined by
17 17 the department to be the most appropriate. A demonstration
17 18 project shall also be established in northeast Iowa to study
17 19 techniques for the cleanup of sinkholes.
17 20 The agricultural drainage well pilot project shall be
17 21 designed to identify the environmental, economic, and social
17 22 problems presented by continued use or closure of agricultural
17 23 drainage wells and to monitor possible contamination caused by
17 24 agriculture land management practices and agricultural
17 25 chemical use relative to agricultural drainage wells.
17 26 b. a. Develop alternative management practices based upon
17 27 the findings from the demonstration projects to reduce the
17 28 infiltration of synthetic organic compounds into the
17 29 groundwater through agricultural drainage wells and sinkholes.
17 30 c. b. Examine alternatives and the costs of
17 31 implementation of alternatives to the use of agricultural
17 32 drainage wells, and examine the legal, technical, and
17 33 hydrological constraints for integrating alternative drainage
17 34 systems into existing drainage districts.
17 35 4. Financial incentive moneys expended through the use of
18 1 the financial incentive portion of the agriculture management
18 2 account may be provided by the department division to
18 3 landowners in the project areas for employing reduced chemical
18 4 farming practices and land management techniques.
18 5 5. The secretary division administrator may appoint
18 6 interagency committees and groups as needed to coordinate the
18 7 involvement of agencies participating in department sponsored
18 8 projects. The interagency committees and groups may accept
18 9 grants and funds from public and private organizations.
18 10 6. The department shall publish a report on the status and
18 11 findings of the pilot demonstration projects on or before July
18 12 1, 1989, and each subsequent year of the projects. The
18 13 department of agriculture and land stewardship division shall
18 14 develop a priority system for the elimination of chemical
18 15 contamination from agricultural drainage wells and sinkholes.
18 16 The priority system shall incorporate available information
18 17 regarding the significance of contamination, the number of
18 18 registered wells in the area, and the information derived from
18 19 the report prepared pursuant to this subsection. The highest
18 20 priority shall be given to agricultural drainage wells for
18 21 which the above criteria are best met, and the costs of
18 22 necessary action are at the minimum level.
18 23 7. Beginning July 1, 1993, the department The division
18 24 shall initiate administer an ongoing program to meet the goal
18 25 of eliminating chemical contamination caused by the use of
18 26 agricultural drainage wells by January 1, 1995, based upon the
18 27 findings of the report published pursuant to subsection 6.
18 28 8. Notwithstanding the prohibitions of section 455B.267,
18 29 subsection 4, an owner of an agricultural drainage well may
18 30 make emergency repairs necessitated by damage to the drainage
18 31 well to minimize surface runoff into the agricultural drainage
18 32 well, upon the approval of the county board of supervisors or
18 33 the board's designee of the county in which the agricultural
18 34 drainage well is located. The approval shall be based upon
18 35 the following conditions:
19 1 a. The well has been registered in accordance with both
19 2 state and federal law.
19 3 b. The applicant will institute management practices
19 4 including alternative crops, reduced application of chemicals,
19 5 or other actions which will reduce the level of chemical
19 6 contamination of the water which drains into the well.
19 7 c. The owner submits a written statement that approved
19 8 emergency repairs are necessary and do not constitute a basis
19 9 to avoid the eventual closure of the well if closure is later
19 10 determined to be required. If a county board of supervisors
19 11 or the board's designee approves the emergency repair of an
19 12 agricultural drainage well, the county board of supervisors or
19 13 the board's designee shall notify the department of natural
19 14 resources of the approval within thirty days of the approval.
19 15 Sec. 38. Section 460.303, subsection 1, Code 2005, is
19 16 amended to read as follows:
19 17 1. An alternative drainage system assistance fund is
19 18 created in the state treasury under the control of the soil
19 19 conservation division. The fund is composed of moneys
19 20 appropriated by the general assembly, and moneys available to
19 21 and obtained or accepted by the division or the state soil
19 22 conservation committee established pursuant to section 161A.4,
19 23 from the United States or private sources for placement in the
19 24 fund.
19 25 Sec. 39. Section 460.304, subsection 1, Code 2005, is
19 26 amended to read as follows:
19 27 1. The soil conservation division shall establish an
19 28 alternative drainage system assistance program as provided by
19 29 rules which shall be adopted by the division pursuant to
19 30 chapter 17A. The program shall be supported from moneys
19 31 deposited in the alternative drainage system assistance fund
19 32 created pursuant to section 460.303.
19 33 Sec. 40. Section 460.304, subsection 3, paragraph a,
19 34 subparagraph (1), Code 2005, is amended to read as follows:
19 35 (1) A party to a pending legal or administrative action,
20 1 including a contested case proceeding under chapter 17A,
20 2 relating to an alleged violation involving an animal feeding
20 3 operation as regulated by the department of natural resources,
20 4 regardless of whether the pending action is brought by the
20 5 department or the attorney general.
20 6 Sec. 41. Section 460.304, unnumbered paragraph 1, Code
20 7 2005, is amended to read as follows:
20 8 The department of natural resources shall cooperate with
20 9 the division by providing information necessary to administer
20 10 this subsection.
20 11 Sec. 42. Section 460.305, Code 2005, is amended to read as
20 12 follows:
20 13 460.305 SINKHOLES == CONSERVATION EASEMENT PROGRAMS.
20 14 1. The department division shall develop and implement a
20 15 program for the prevention of groundwater contamination
20 16 through sinkholes. The program shall provide for education of
20 17 landowners and encourage responsible chemical and land
20 18 management practices in areas of the state prone to the
20 19 formation of sinkholes.
20 20 2. The program division may provide financial incentives
20 21 for land management practices and the acquisition of
20 22 conservation easements around sinkholes. The program may also
20 23 provide financial assistance for the cleanup of wastes dumped
20 24 into sinkholes.
20 25 The program shall be coordinated with the groundwater
20 26 protection programs of the department of natural resources and
20 27 other local, state, or federal government agencies which could
20 28 compensate landowners for resource protection measures. The
20 29 department division shall use moneys appropriated for this
20 30 purpose from the agriculture management account of the
20 31 groundwater protection fund.
20 32 Sec. 43. Sections 460.201 and 460.301, Code 2005, are
20 33 repealed.
20 34 Sec. 44. TRANSITIONAL PROVISIONS.
20 35 1. As used in this section, "division" means the soil
21 1 conservation division of the department of agriculture and
21 2 land stewardship as that division existed on June 30, 2005,
21 3 and as renamed the soil and water conservation division and
21 4 transferred to the department of natural resources as an
21 5 administrative unit pursuant to this Act.
21 6 2. a. Any license or permit issued by the department of
21 7 agriculture and land stewardship on behalf of the division or
21 8 directly by the division to a person, which is in effect on
21 9 the effective date of this Act, shall continue in full force
21 10 and effect until its expiration or renewal as otherwise
21 11 provided by law.
21 12 b. Any agreement made by the department of agriculture and
21 13 land stewardship on behalf of the division or directly by the
21 14 division to a person, including but not limited to a cost=
21 15 share agreement or agreements relating to other financial
21 16 incentive programs, which is in effect on the effective date
21 17 of this Act, shall continue in full force and effect until it
21 18 expires by its terms or is amended, terminated, or
21 19 supplemented by the affirmative action of the division as an
21 20 administrative unit of the department of natural resources as
21 21 established in this Act.
21 22 c. Any rule, regulation, form, order, or directive adopted
21 23 or promulgated by the department of agriculture and land
21 24 stewardship on behalf of the division or by the division
21 25 directly, which is in effect on the effective date of this
21 26 Act, shall continue in full force and effect until amended,
21 27 repealed, or supplemented by the affirmative action of the
21 28 division as an administrative unit of the department of
21 29 natural resources as established in this Act and as provided
21 30 in chapter 17A. In regard to updating references and format
21 31 in the Iowa administrative code in order to correspond to the
21 32 restructuring of state government as established in this Act,
21 33 the administrative rules coordinator and the administrative
21 34 rules review committee, in consultation with the
21 35 administrative code editor, shall jointly develop a schedule
22 1 for the necessary updating of the Iowa administrative code.
22 2 3. Notwithstanding provisions in this Act, including but
22 3 not limited to any change in the organizational location of
22 4 the division that is caused by this Act, all of the following
22 5 shall apply:
22 6 a. The person who holds the position of administrative
22 7 director of the division on June 30, 2005, shall hold the
22 8 position of division administrator of the division without any
22 9 loss in salary, benefits, or accrued years of service.
22 10 b. Any personnel in the state merit system of employment
22 11 who are mandatorily transferred due to the effect of this Act
22 12 shall be so transferred without any loss in salary, benefits,
22 13 or accrued years of service.
22 14 c. A person who holds a position as a member of the state
22 15 soil conservation committee or who holds a position as a
22 16 commissioner of a soil and water conservation district shall
22 17 continue to hold such position until the end of the member's
22 18 term of office.
22 19 4. Any moneys in any account or fund established within or
22 20 controlled by the department of agriculture and land
22 21 stewardship which would otherwise be eliminated due to the
22 22 effect of this Act shall be transferred to a comparable fund
22 23 or account established within or controlled by the department
22 24 of natural resources on behalf of the division. However, an
22 25 account or fund which was established in or under the control
22 26 of the division on June 30, 2005, shall be established within
22 27 the division and shall be under the control of the division on
22 28 the effective date of this Act.
22 29 5. Any cause of action or statute of limitations relating
22 30 to the division as an administrative unit of the department of
22 31 agriculture and land stewardship on June 30, 2005, shall not
22 32 be affected as a result of the transfer of the division to the
22 33 department of natural resources on the effective date of this
22 34 Act, and such cause of action or statute of limitations shall
22 35 apply to the division as transferred.
23 1 6. Any replacement of signs, logos, stationery, insignia,
23 2 uniforms, or related items of the department of agriculture
23 3 and land stewardship, the department of natural resources, or
23 4 the division that is made due to the effect of this Act should
23 5 be done as part of the normal replacement cycle for such
23 6 items.
23 7 Sec. 45. PROGRESS REPORTS.
23 8 1. The department of natural resources, in cooperation
23 9 with the department of agriculture and land stewardship and
23 10 the state soil conservation committee, shall prepare and
23 11 deliver reports as provided in this section.
23 12 2. The report shall be delivered to all of the following:
23 13 a. The governor.
23 14 b. The cochairpersons and ranking members of the joint
23 15 appropriations subcommittee on agriculture and natural
23 16 resources.
23 17 c. The committees on government oversight of the senate
23 18 and house of representatives.
23 19 3. A preliminary report shall be due on or before January
23 20 10, 2006, and a final report shall be due by July 31, 2006.
23 21 The reports shall provide a detailed account of the activities
23 22 of the department in implementing the requirements of this
23 23 Act.
23 24 Sec. 46. DIRECTION TO CODE EDITOR == CHANGE OF NAME.
23 25 1. The Code editor is directed to change the term
23 26 "department of agriculture and land stewardship" or "state
23 27 department of agriculture and land stewardship" to "Iowa
23 28 department of agriculture" wherever that term appears in the
23 29 2005 Code or amendments to those chapters enacted during a
23 30 regular or extraordinary session of the 2005 general assembly.
23 31 2. The Code editor is directed to change the term "federal
23 32 department of agriculture" to "United States department of
23 33 agriculture" wherever that term appears in the 2005 Code or
23 34 amendments to those chapters enacted during a regular or
23 35 extraordinary session of the 2005 general assembly. If the
24 1 Code editor determines that a section refers to "department"
24 2 meaning the Iowa department of agriculture, and also refers to
24 3 the United States department of agriculture, the Code editor
24 4 shall change the reference from "department" to "Iowa
24 5 department of agriculture".
24 6 Sec. 47. DIRECTION TO CODE EDITOR. The Code editor is
24 7 directed to transfer chapter 161A, chapters 161C through 161F,
24 8 and chapters 207 and 208 to new chapters beginning with
24 9 chapter 467. The Code editor may also consolidate these
24 10 chapters or reorganize sections within these chapters in order
24 11 to enhance their readability. The Code editor may delay
24 12 implementing this section until the publication of the 2007
24 13 Code.
24 14 EXPLANATION
24 15 This bill relates to the soil conservation division, which
24 16 is an administrative unit established within the department of
24 17 agriculture and land stewardship. The bill transfers that
24 18 division to a permanent division established within the
24 19 department of natural resources and renames it the "soil and
24 20 water conservation division".
24 21 The division's principal enabling provisions are in Code
24 22 chapter 161A (the soil conservation districts law). It
24 23 establishes the division, a division head who is appointed by
24 24 the secretary of agriculture, referred to by statute as a
24 25 director, and a state soil conservation committee which
24 26 directs policy (see Code section 161A.4). It also provides
24 27 for soil and water conservation districts throughout the state
24 28 which are under the direction of local commissioners (see Code
24 29 sections 161A.5 and 161A.6). The Code chapter provides a
24 30 number of substantive provisions including taxing owners of
24 31 property (see the Code chapter's division IV), and
24 32 establishing soil and water conservation practices which may
24 33 include financing usually on a cost=share basis (see the Code
24 34 chapter's division V).
24 35 The soil conservation division and soil and water
25 1 conservation districts are provided authority and
25 2 responsibility under other Code chapters. Code chapter 161C
25 3 provides for water protection projects and practices, Code
25 4 chapters 161E and 161F provide for flood and erosion control,
25 5 including tax levies, and Code chapters 207 and 208 provide
25 6 for the regulation of mining. Code chapter 460 provides for
25 7 the regulation of agricultural drainage wells by the
25 8 department of natural resources and the department of
25 9 agriculture and land stewardship, including the soil
25 10 conservation division. The Code chapter contains provisions
25 11 which authorize the department of agriculture to provide
25 12 incentive payments to assist in closing the agricultural
25 13 drainage wells. The bill transfers these responsibilities to
25 14 the division.
25 15 The bill includes transitional provisions which provide for
25 16 the continuance of administrative functions and legal rights
25 17 during the transition. These include provisions relating to
25 18 licenses or permits, agreements, rules or orders, the status
25 19 of officials or employees, moneys in funds or accounts, causes
25 20 of action, and items associated with the division and which
25 21 are identified with the department of agriculture and land
25 22 stewardship by name.
25 23 The bill requires the department of natural resources, in
25 24 cooperation with the department of agriculture and land
25 25 stewardship and the state soil conservation committee, to
25 26 prepare and deliver reports to the governor and the general
25 27 assembly.
25 28 The Iowa Code editor is directed to change the name of the
25 29 department of agriculture and land stewardship to the Iowa
25 30 department of agriculture throughout the Code. The Code
25 31 editor is also directed to change the name of the federal
25 32 department of agriculture to the United States department of
25 33 agriculture throughout the Code.
25 34 The Iowa Code editor is also directed to transfer related
25 35 chapters to Code Title XI, which is associated with the
26 1 jurisdiction of the department of natural resources.
26 2 LSB 1226YH 81
26 3 da:nh/pj/5