House File 2551 - Introduced
HOUSE FILE
BY MERTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to agricultural drainage wells by providing for
2 the implementation of water quality practices as an
3 alternative to constructing alternative drainage systems.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6145HH 81
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PAG LIN
1 1 Section 1. Section 460.303, Code 2005, is amended to read
1 2 as follows:
1 3 460.303 AGRICULTURAL DRAINAGE WELLS == ALTERNATIVE
1 4 DRAINAGE SYSTEM WELL WATER QUALITY ASSISTANCE FUND.
1 5 1. An alternative drainage system agricultural drainage
1 6 well water quality assistance fund is created in the state
1 7 treasury under the control of the soil conservation division.
1 8 The fund is composed of moneys appropriated by the general
1 9 assembly, and moneys available to and obtained or accepted by
1 10 the division or the state soil conservation committee
1 11 established pursuant to section 161A.4, from the United States
1 12 or private sources for placement in the fund.
1 13 2. Moneys in the fund are subject to an annual audit by
1 14 the auditor of state. The fund is subject to warrants written
1 15 by the director of the department of administrative services,
1 16 drawn upon the written requisition of the division.
1 17 3. The fund shall be used to support the alternative
1 18 drainage system an agricultural drainage well water quality
1 19 assistance program as provided in section 460.304. Moneys
1 20 shall be used to provide financial incentives under the
1 21 program, and to defray expenses by the division in
1 22 administering the program. However, not more than one percent
1 23 of the money in the fund is available to defray administrative
1 24 expenses. The division may adopt rules pursuant to chapter
1 25 17A to administer this section.
1 26 4. The division shall not in any manner directly or
1 27 indirectly pledge the credit of the state.
1 28 5. Section 8.33 shall not apply to moneys in the fund.
1 29 Notwithstanding section 12C.7, moneys earned as income,
1 30 including as interest, from the fund shall remain in the fund
1 31 until expended as provided in this section.
1 32 Sec. 2. Section 460.304, subsections 1 and 2, Code 2005,
1 33 are amended to read as follows:
1 34 1. The soil conservation division shall establish an
1 35 alternative drainage system agricultural drainage well water
2 1 quality assistance program as provided by rules which shall be
2 2 adopted by the division pursuant to chapter 17A. The program
2 3 shall be supported from moneys deposited in the alternative
2 4 drainage system agricultural drainage well water quality
2 5 assistance fund created pursuant to section 460.303.
2 6 2. To the extent that moneys are available to support the
2 7 program, the division shall provide expend moneys from the
2 8 fund to do the following:
2 9 a. Provide cost=share moneys to persons closing
2 10 agricultural drainage wells located within designated
2 11 agricultural drainage well areas, and constructing alternative
2 12 drainage systems which are part of a drainage district in
2 13 accordance with the priority system established pursuant to
2 14 section 460.302. In conjunction with closing agricultural
2 15 wells, the division shall award cost=share moneys to carry out
2 16 the following projects:
2 17 (1) Construct alternative drainage systems.
2 18 (2) Establish water quality practices other than
2 19 constructing alternative drainage systems, including but not
2 20 limited to converting land to wetlands.
2 21 The amount of moneys allocated in cost=share payments to a
2 22 person qualifying under the program shall not exceed seventy=
2 23 five percent of the estimated cost of installing carrying out
2 24 the alternative drainage system project or seventy=five
2 25 percent of the actual cost of installing carrying out the
2 26 alternative drainage system project, whichever is less.
2 27 b. Contract with persons to obtain technical assessments
2 28 in agricultural drainage well areas, including but not limited
2 29 to areas having a predominance of shallow bedrock or karst
2 30 terrain as the division determines is necessary to carry out a
2 31 project.
2 32 EXPLANATION
2 33 BACKGROUND. An agricultural drainage well is a vertical
2 34 opening to an aquifer or permeable substratum constructed in
2 35 order to intercept surface or subsurface drainage water from
3 1 land directly or by a drainage system.
3 2 A cost=share program is available to assist landowners in
3 3 closing agricultural drainage wells located in designated
3 4 agricultural drainage well areas and establishing alternative
3 5 drainage systems (Code section 460.304). The program is
3 6 administered by the soil conservation division of the
3 7 department of agriculture and land stewardship and supported
3 8 by a fund administered by the division (Code section 460.303).
3 9 A person is entitled to receive 75 percent of the amount
3 10 necessary to carry out the project.
3 11 BILL'S PROVISIONS. This bill amends provisions of the Code
3 12 chapter which establish the fund and cost=share program, in
3 13 part to conform with current practice, and also to expand the
3 14 program. Code section 460.304 provides that the division may
3 15 award moneys for the closing of agricultural drainage wells in
3 16 a "designated agricultural drainage well area", which is an
3 17 area where an anaerobic lagoon or earthen manure storage basin
3 18 is located. The division currently awards moneys to close
3 19 agricultural drainage wells in other areas and this bill
3 20 provides the division with express authority to award moneys
3 21 to close agricultural drainage wells generally. The bill
3 22 eliminates a requirement that cost=share moneys must be used
3 23 to construct an alternative drainage system as part of a
3 24 drainage district. It also provides that cost=share moneys
3 25 may be used to establish alternative water quality practices
3 26 other than constructing alternative drainage systems,
3 27 including but not limited to converting land to wetlands. The
3 28 bill provides that moneys may also be used to obtain technical
3 29 assessments in agricultural drainage well areas including
3 30 those areas having a predominance of shallow bedrock or karst
3 31 terrain.
3 32 LSB 6145HH 81
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