Senate File 2363 - Introduced SENATE FILE BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3069) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to water quality standards. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5158SV 81 4 tm/sh/8 PAG LIN 1 1 Section 1. Section 455B.173, subsection 2, unnumbered 1 2 paragraph 1, Code 2005, is amended to read as follows: 1 3 Establish, modify, or repeal water quality standards, 1 4 pretreatment standards and effluent standards, in accordance 1 5 with the provisions of this chapter. The effluent standards 1 6 may provide for maintaining the existing quality of the water 1 7 of the state that is a navigable water of the United States 1 8 under the federal Water Pollution Control Act where the 1 9 quality thereof exceeds the requirements of the water quality 1 10 standards. 1 11 Sec. 2. WATER QUALITY STANDARDS. The general assembly 1 12 makes the following findings: 1 13 1. The federal Water Pollution Control Act provides that 1 14 the state is responsible for implementation of the federal Act 1 15 in a manner that the state deems most appropriate. 1 16 2. Historically, the state has been and continues to be a 1 17 responsible steward of the environment, including Iowa's water 1 18 quality. 1 19 3. The state has adopted water quality standards that are 1 20 protecting Iowa's water quality. 1 21 4. State law provides in section 455B.176 that the 1 22 environmental protection commission, when establishing, 1 23 modifying, or repealing water quality standards, must base its 1 24 decision upon data gathered from sources within the state. 1 25 5. State law provides in section 455B.176, subsection 11, 1 26 that the goal of any changes to water quality standards shall 1 27 be a reasonable balance between total costs to the people and 1 28 to the economy, and the resultant benefits to the people of 1 29 Iowa. 1 30 6. The state shall adopt water quality standards that, 1 31 where attainable, provide water quality for the protection and 1 32 propagation of fish, shellfish, and wildlife, and for 1 33 recreation in and on the water. 1 34 Sec. 3. NEW SECTION. 455B.176A WATER QUALITY STANDARDS. 1 35 1. For purposes of this section, unless the context 2 1 otherwise requires: 2 2 a. "Base flow conditions" means the flow of a stream 2 3 segment, as measured during the time period between July 1 and 2 4 September 30, that occurs during a period of time when the 2 5 watershed, in which the stream segment is located, receives no 2 6 twenty=four=hour rainfall in excess of one=quarter inch total 2 7 rainfall and not more than one=half inch total rainfall for 2 8 the watershed in the preceding two weeks. 2 9 b. "Credible data" means the same as defined in section 2 10 455B.171 and is subject to the same requirements as provided 2 11 in section 455B.193 and may include, but not rely solely on, 2 12 data that is older than five years and that is obtained 2 13 pursuant to the best professional judgment of a professional 2 14 designee or a state or federal agency. 2 15 c. "Ephemeral stream" means a stream that flows only in 2 16 response to precipitation and whose channel is primarily above 2 17 the water table. 2 18 d. "Professional designee" means the same as defined in 2 19 section 455B.193. 2 20 e. "Use attainability analysis" means a structured 2 21 scientific assessment that includes physical, chemical, 2 22 biological, and economic factors. 2 23 2. A water of the state shall be a designated stream 2 24 segment when any one of the following is met: 2 25 a. The most recent ten=year median flow is equal to or in 2 26 excess of one cubic foot per second based on data collected 2 27 and evaluated by the United States geological survey between 2 28 July 1 and September 30 of each year or in the absence of 2 29 stream segment flow data calculations of flow conducted by 2 30 extrapolation methods provided by the United States geological 2 31 survey or based upon a calculation method adopted by rule. 2 32 b. The water is a critical habitat of a threatened or 2 33 endangered aquatic specie as determined by the department or 2 34 the United States fish and wildlife service. 2 35 c. Credible data developed in accordance with section 3 1 455B.193 shows that water flows that are less than set out in 3 2 paragraph "a" provide a refuge for aquatic life that permits 3 3 biological recolonization of intermittently flowing segments. 3 4 3. All waters of the state not designated as a stream 3 5 segment pursuant to subsection 2 shall be identified as a 3 6 general stream segment and shall be subject to narrative water 3 7 quality standards. The department shall apply rules in 3 8 existence on March 1, 2006, for water quality standards for 3 9 general stream segments. 3 10 4. a. The commission shall adopt rules to define 3 11 designated uses of stream segments in accordance with the 3 12 following categories: 3 13 (1) Agricultural water supply use. 3 14 (2) Aquatic life support. 3 15 (3) Domestic water supply. 3 16 (4) Food procurement use. 3 17 (5) Industrial water supply use. 3 18 (6) Recreational use, including primary, secondary, and 3 19 children's recreational use. 3 20 (7) Seasonal use. The department may allow for a seasonal 3 21 use designation for streams that would otherwise be 3 22 categorized under an aquatic or recreational designation if a 3 23 varying degree of protection would be sufficient to protect 3 24 the stream during a seasonal time period. 3 25 b. The commission shall include subcategories of 3 26 designated uses of the categories listed in paragraph "a", as 3 27 deemed appropriate by the commission. 3 28 c. When reviewing whether a designated use is attainable, 3 29 the department shall consider at a minimum the following: 3 30 (1) Whether the natural, ephemeral, intermittent, or low 3 31 flow conditions or water levels could inhibit recreational 3 32 activities. 3 33 (2) If opposite sides of a stream segment would have 3 34 different designated recreational uses due to differences in 3 35 public access, the designated use of the entire stream segment 4 1 may be the higher attainable use. 4 2 (3) The time period for determining primary contact 4 3 recreation shall be March 15 through November 15. 4 4 (4) The degree to which the public has access to the 4 5 stream segment. 4 6 (5) The minimum depth of the deepest pool. 4 7 (6) Stream segments shall be protected for all existing 4 8 uses as defined by the federal Water Pollution Control Act. 4 9 5. The commission shall adopt rules designating water 4 10 quality standards which shall be specific to each designated 4 11 use adopted pursuant to subsection 4. The standards shall 4 12 take into account the different characteristics of each 4 13 designated use and shall provide for only the appropriate 4 14 level of protection based upon that particular use. The 4 15 standards shall not be identical for each designated use 4 16 unless required for the appropriate level of protection. The 4 17 appropriate level of protection and standards shall be 4 18 determined on a scientific basis. In the development process 4 19 for the water quality standards, input shall be received from 4 20 a water quality standards advisory committee convened by the 4 21 department. The water quality standards advisory committee 4 22 shall be comprised of experts in the scientific fields 4 23 relating to water quality, such as environmental engineering, 4 24 aquatic toxicology, fisheries biology, and other life sciences 4 25 and experts in the development of the appropriate levels of 4 26 aquatic life protection and standards. The water quality 4 27 standards shall be reviewed and revised by the department as 4 28 new scientific data becomes available to support revision. 4 29 6. Prior to any changes in a national pollutant discharge 4 30 elimination system permit use designation, the department or a 4 31 designee of the department shall conduct a use attainability 4 32 analysis. The commission shall adopt rules that establish 4 33 procedures and criteria to be used in the development of a use 4 34 attainability analysis. The rules shall, at a minimum, 4 35 provide all of the following: 5 1 a. A designated use, which is not an existing use as 5 2 defined by the federal Water Pollution Control Act, may be 5 3 removed due to any of the following: 5 4 (1) Naturally occurring pollutant concentrations prevent 5 5 the attainment of the use. 5 6 (2) Natural, ephemeral, intermittent, or low flow 5 7 conditions or water levels prevent the attainment of the use, 5 8 unless these conditions may be compensated for by the 5 9 discharge of sufficient volume of effluent discharges without 5 10 violating state water conservation requirements to enable uses 5 11 to be met. 5 12 (3) Human caused conditions or sources of pollution 5 13 prevent the attainment of the use and cannot be remedied or 5 14 would cause more environmental damage to correct than to leave 5 15 in place. 5 16 (4) Dams, diversions, or other types of hydrologic 5 17 modifications preclude the attainment of the use, and it is 5 18 not feasible to restore the water body to its original 5 19 condition or to operate such modification in a way that would 5 20 result in the attainment of the use. 5 21 (5) Physical conditions related to the natural features of 5 22 the water body, such as the lack of a proper substrate, cover, 5 23 flow, depth, pools, riffles, and the like, unrelated to water 5 24 quality, preclude attainment of aquatic life protection uses. 5 25 (6) Controls more stringent than those required by 5 26 sections 1311(b) and 1316 of the federal Water Pollution 5 27 Control Act would result in substantial and widespread 5 28 economic and social impact. 5 29 b. A designated use shall not be removed if any of the 5 30 following occur: 5 31 (1) The designated use is an existing use, as defined by 5 32 the federal Water Pollution Control Act, unless a use 5 33 requiring more stringent criteria is added. 5 34 (2) Such uses will be attained by implementing effluent 5 35 limits required under sections 1311(b) and 1316 of the federal 6 1 Water Pollution Control Act and by implementing cost=effective 6 2 and reasonable best management practices for nonpoint source 6 3 control. 6 4 c. Where existing water quality standards specify 6 5 designated uses less than those which are presently being 6 6 attained, the commission shall revise its standards to reflect 6 7 the uses actually being attained. 6 8 7. The department shall consider the substantial and 6 9 widespread economic and social impact that may occur as a 6 10 result of a designation. To make this determination, the 6 11 department shall review circumstances that are unique to each 6 12 regulated entity to determine whether substantial and 6 13 widespread economic and social impact would occur. The 6 14 analysis shall demonstrate whether the regulated entity would 6 15 face substantial financial impacts due to the costs of 6 16 compliance and that the affected community would bear 6 17 significant adverse impacts. The department shall work with 6 18 the regulated entity to gather necessary information to make 6 19 this determination. 6 20 a. The commission shall adopt rules to determine when a 6 21 regulated entity and the affected community would suffer 6 22 substantial and widespread economic and social impact due to 6 23 the costs of complying with a water quality standard. To make 6 24 this determination, the department shall review the 6 25 circumstances that are unique to each regulated entity and the 6 26 affected community. The rules shall include but not be 6 27 limited to all of the following elements: 6 28 (1) A financial analysis of the discharger to determine if 6 29 the capital, operating, and maintenance costs of pollution 6 30 control will have a substantial impact. 6 31 (2) The financial impact on households resulting from 6 32 compliance. 6 33 (3) The ability of the person releasing a pollutant into a 6 34 water of the state to obtain pollution control financing and 6 35 the general economic health of that person. 7 1 (4) The change in socioeconomic conditions that would 7 2 occur as a result of compliance. Factors to consider should 7 3 include but not be limited to median household income, 7 4 unemployment, and overall net debt as a percent of full market 7 5 value of taxable property. 7 6 (5) The benefits of improved water quality, such as the 7 7 expansion of consumptive markets, enhanced recreational use, 7 8 and increased property values in the community. 7 9 b. The department may grant a regulated entity a variance 7 10 from meeting a water quality standard pursuant to section 7 11 455B.181 if it is determined that the regulated entity or the 7 12 affected community would suffer substantial and widespread 7 13 economic and social impact. The department shall ensure the 7 14 conditions of any discharge permit variance represent 7 15 reasonable progress toward complying with water quality 7 16 standards but do not result in substantial and widespread 7 17 economic and social impact. 7 18 8. A regulated entity may use an alternative technology 7 19 system to meet water quality standards for either technology= 7 20 based or water quality=based effluent limits. The department 7 21 shall convene a technical advisory committee to assist in the 7 22 development of rules to allow for the use of appropriate 7 23 alternative technologies that include but are not limited to 7 24 all of the following: 7 25 a. Performance=based standards for alternative technology 7 26 systems. 7 27 b. Effluent reuse standards. 7 28 c. Criteria for large subsurface, midsize treatment, and 7 29 small cluster wastewater systems. 7 30 d. Setback requirements appropriate to the alternative 7 31 treatment technology. 7 32 e. Monitoring requirements appropriate to the alternative 7 33 technology and size of the treatment system. 7 34 f. Sizing factors based on soil morphology. 7 35 g. Design standards for alternative technology system 8 1 types. 8 2 9. The commission shall adopt rules for a review process 8 3 for standardized treatment systems, and expedited technical 8 4 reviews for projects that meet the design standards adopted 8 5 pursuant to subsection 8, paragraph "g", including 8 6 standardized review checklists for the systems. 8 7 10. a. The commission shall adopt rules pursuant to 8 8 chapter 17A to administer this section. All new or revised 8 9 stream segment use designations shall be adopted by rule. Any 8 10 rule that establishes, modifies, or repeals existing water 8 11 quality standards in this state shall be adopted in 8 12 conformance with this section. 8 13 b. Data to substantiate a use designation for a stream 8 14 segment shall be collected and used in accordance with the 8 15 credible data standards as described in subsection 1 and in 8 16 sections 455B.193 through 455B.195. 8 17 c. A new or revised use designation for a stream segment 8 18 shall only occur as the result of a use attainability 8 19 analysis. 8 20 d. A stream segment designation in existence on the 8 21 effective date of this Act that is identified on the 2004 Iowa 8 22 surface water classification list shall remain in effect until 8 23 the department or its professional designee completes a use 8 24 attainability analysis on each designated stream segment. The 8 25 use designation shall continue in effect without further 8 26 rulemaking if, after the use attainability analysis is 8 27 completed, the department determines that the 2004 Iowa 8 28 surface water classification for that designated stream 8 29 segment is the appropriate designated use for that stream 8 30 segment. 8 31 e. All use attainability analyses shall be conducted in 8 32 accordance with the following: 8 33 (1) A use attainability analysis for each designated 8 34 stream segment shall be conducted by either the department or 8 35 a professional designee. 9 1 (2) A use attainability analysis conducted by a 9 2 professional designee shall comply with the following review 9 3 process: 9 4 (a) Within thirty days after receipt of submission of a 9 5 use attainability analysis, the department shall review and 9 6 provide a written determination of whether the documentation 9 7 submitted is complete. 9 8 (b) Within ninety days after receipt of submission of a 9 9 completed use attainability analysis, the department shall 9 10 review and provide a written determination of whether a new or 9 11 revised designated use is appropriate for the stream segment. 9 12 (3) A use attainability analysis for a classified stream 9 13 segment and the written determination of the appropriate 9 14 designated use for the designated stream segment shall be made 9 15 available to the public. 9 16 (4) Any regulated entity aggrieved by such a determination 9 17 may make a written request, within thirty days from the date 9 18 the written determination of the appropriate designated use is 9 19 made available to the public, for a meeting with the director 9 20 or the director's designee to appeal the determination. The 9 21 regulated entity shall be allowed to provide evidence that the 9 22 designation is not appropriate under the criteria as 9 23 established in this section. 9 24 f. (1) By December 31, 2006, the department shall publish 9 25 a list of all designated stream segments that receive a 9 26 permitted discharge for which a use attainability analysis for 9 27 recreational use and aquatic life has not been completed and a 9 28 list of all designated stream segments that receive a 9 29 permitted discharge for which a use attainability analysis for 9 30 recreational use and aquatic life has been completed and 9 31 whether a recreational or aquatic use has been determined to 9 32 be or not to be attainable. By December 31, 2007, a use 9 33 attainability analysis shall be completed for all newly 9 34 designated stream segments that receive a permitted discharge. 9 35 (2) A use attainability analysis for a designated stream 10 1 segment receiving a permitted discharge shall be conducted by 10 2 either the department or a professional designee. 10 3 (3) The department shall make public a written 10 4 determination of whether a new or revised use designation is 10 5 appropriate for the designated stream segment prior to 10 6 adoption by rule of the proposed changes. 10 7 g. The department shall complete, upon request, a use 10 8 attainability analysis for recreational and aquatic uses on 10 9 any designated stream segment not receiving a permitted 10 10 discharge in accordance with the following provisions: 10 11 (1) The department shall make public a written 10 12 determination of whether a new or revised designated use is 10 13 appropriate for the designated stream segment within ninety 10 14 days of completion of the use attainability analysis prior to 10 15 adoption by rule of the proposed changes. 10 16 (2) The department shall accept a use attainability 10 17 analysis submitted by someone other than a professional 10 18 designee. 10 19 (a) Within thirty days after receipt of submission of a 10 20 use attainability analysis, the department shall review and 10 21 provide a written determination of whether the documentation 10 22 submitted is complete. 10 23 (b) Within ninety days after receipt of submission of a 10 24 completed use attainability analysis, the department shall 10 25 review and make available to the public a written 10 26 determination of whether a new or revised use designation is 10 27 appropriate for the designated stream segment. 10 28 h. Any regulated entity or property owner adjacent to the 10 29 accessed stream segment aggrieved by such a determination may 10 30 make a written request, within thirty days from the date the 10 31 written determination of the appropriate use designation is 10 32 made available to the public, for a meeting with the director 10 33 or the director's designee to appeal the determination. A 10 34 regulated entity shall be allowed to provide evidence that the 10 35 designation is not appropriate under the criteria as 11 1 established in this subsection. 11 2 11. An operation permit issued pursuant to section 11 3 455B.173 that expires before a use attainability analysis is 11 4 performed shall remain in effect and the department shall not 11 5 renew the permit until a use attainability analysis is 11 6 completed. If a use attainability analysis demonstrates that 11 7 a change in the use designation is warranted, the permit shall 11 8 remain in effect and the department shall not renew the permit 11 9 until the stream use designation is changed. In order for an 11 10 expired permit to remain in effect, the permit holder must 11 11 meet the requirements for a permit renewal. This subsection 11 12 does not apply if the permit applicant and the department 11 13 agree that the performance of a use attainability analysis 11 14 presents no reasonable likelihood of resulting in a change to 11 15 the existing stream use designations. 11 16 Sec. 4. WATERSHED QUALITY PLANNING TASK FORCE. 11 17 1. A watershed quality planning task force is established 11 18 within the department of natural resources in cooperation with 11 19 the Iowa department of agriculture and land stewardship. By 11 20 June 30, 2008, the task force shall report to the general 11 21 assembly its recommendations for a voluntary statewide water 11 22 quality program which is designed to achieve all of the 11 23 following goals: 11 24 a. Improving water quality and optimizing the costs of 11 25 voluntarily achieving and maintaining water quality standards. 11 26 b. Creating economic incentives for voluntary nonpoint 11 27 source load reductions, point source discharge reductions 11 28 beyond those required by the federal Water Pollution Control 11 29 Act, implementation of pollution prevention programs, wetland 11 30 restoration and creation, and the development of emerging 11 31 pollution control technologies. 11 32 c. Facilitating the implementation of total maximum daily 11 33 loads, urban stormwater control programs, and nonpoint source 11 34 management practices required or authorized under the federal 11 35 Water Pollution Control Act. This paragraph shall not be 12 1 construed to obviate the requirement to develop a total 12 2 maximum daily load for waters that do not meet water quality 12 3 standards as required by section 303(d) of the federal Water 12 4 Pollution Control Act or to delay implementation of a total 12 5 maximum daily load that has been approved by the department 12 6 and the director. 12 7 d. Providing incentives for the development of new and 12 8 more accurate and reliable pollution control quantification 12 9 protocols and procedures. 12 10 e. Providing greater flexibility through community=based, 12 11 nonregulatory, and performance=driven watershed management 12 12 planning. 12 13 2. Membership on the task force shall consist of all of 12 14 the following: 12 15 a. Voting members of the task force shall include all of 12 16 the following: 12 17 (1) One member selected by the Iowa association of 12 18 municipal utilities. 12 19 (2) One member selected by the Iowa league of cities. 12 20 (3) One member selected by the Iowa association of 12 21 business and industry. 12 22 (4) One member selected by the Iowa water pollution 12 23 control association. 12 24 (5) One member selected by the Iowa rural water 12 25 association. 12 26 (6) One member selected by growing green communities. 12 27 (7) One member selected by the Iowa environmental council. 12 28 (8) One member selected by the Iowa farm bureau 12 29 federation. 12 30 (9) One member selected by the Iowa corn growers 12 31 association. 12 32 (10) One member selected by the Iowa soybean association. 12 33 (11) One member selected by the Iowa pork producers 12 34 council. 12 35 (12) One member selected by the soil and water 13 1 conservation districts of Iowa. 13 2 (13) One person representing the department of agriculture 13 3 and land stewardship selected by the secretary of agriculture. 13 4 (14) One person representing the department of natural 13 5 resources selected by the director. 13 6 (15) Two members selected by the Iowa conservation 13 7 alliance. 13 8 b. Nonvoting members of the task force shall include all 13 9 of the following: 13 10 (1) Two members of the senate. One senator shall be 13 11 appointed by the republican leader of the senate and one 13 12 senator shall be appointed by the democratic leader of the 13 13 senate. 13 14 (2) Two members of the house of representatives. One 13 15 member shall be appointed by the speaker of the house of 13 16 representatives and one member shall be appointed by the 13 17 minority leader of the house of representatives. 13 18 Sec. 5. WASTEWATER TREATMENT FINANCIAL ASSISTANCE PROGRAM. 13 19 1. The Iowa finance authority shall establish and 13 20 administer a wastewater treatment financial assistance program 13 21 to provide financial assistance in the form of low=interest 13 22 loans, no=interest loans, forgivable loans, or grants to 13 23 enhance water quality. 13 24 2. Financial assistance under the program shall be used 13 25 for disadvantaged communities to install or upgrade wastewater 13 26 treatment facilities and systems. Financial assistance may be 13 27 used as part of a project funded in whole or in part by 13 28 financial assistance provided through other state or federally 13 29 funded programs. 13 30 EXPLANATION 13 31 This bill relates to water quality standards. 13 32 The bill provides that a water of the state shall be a 13 33 designated stream segment when one of three criteria is met. 13 34 The criteria include the meeting of certain flow rates, 13 35 whether the water is a critical habitat of a threatened or 14 1 endangered aquatic specie, or credible data supports that 14 2 certain low water flows provide a refuge for certain aquatic 14 3 life. 14 4 The bill provides that all waters of the state not 14 5 designated as a stream segment shall be identified as a 14 6 general stream segment and be subject to narrative water 14 7 quality standards. 14 8 The bill requires the environmental protection commission 14 9 to adopt rules to define designated uses of stream segments. 14 10 The bill provides categories including agricultural water 14 11 supply use, aquatic life support, domestic water supply, food 14 12 procurement use, industrial water supply use, recreational 14 13 use, and seasonal use. 14 14 The bill requires the commission to adopt rules designating 14 15 water quality standards which shall be specific to each 14 16 designated use. The bill requires the appropriate level of 14 17 protection and standards to be determined on a scientific 14 18 basis. The bill requires input from a water quality standards 14 19 advisory committee during the development process. 14 20 The bill provides that prior to any changes in a national 14 21 pollutant discharge elimination system permit use designation, 14 22 the department shall conduct a use attainability analysis. 14 23 The bill provides that a designated use, which is not an 14 24 existing use, may be removed due to certain existing 14 25 circumstances listed in the bill. The bill provides 14 26 circumstances under which designated uses shall not be 14 27 removed. The bill provides that, where existing water quality 14 28 standards specify designated uses less than those which are 14 29 presently being attained, the commission is required to revise 14 30 standards to reflect the uses actually being attained. 14 31 The bill requires the department to consider the 14 32 substantial and widespread economic and social impact that may 14 33 occur as a result of a designation. The bill requires an 14 34 analysis to examine whether the regulated entity would face 14 35 substantial financial impacts due to the costs of compliance 15 1 and that the affected community would bear significant adverse 15 2 impacts. The bill allows the department to grant a regulated 15 3 entity a variance from meeting a water quality standard if it 15 4 is determined that the regulated entity or the affected 15 5 community would suffer substantial and widespread economic and 15 6 social impact. The bill requires the department to ensure 15 7 that the conditions of any discharge permit variance represent 15 8 reasonable progress toward complying with water quality 15 9 standards but do not result in substantial and widespread 15 10 economic and social impact. 15 11 The bill allows a regulated entity to use an alternative 15 12 technology system to meet water quality standards for either 15 13 technology=based or water quality=based effluent limits. The 15 14 bill requires assistance from a technical advisory committee 15 15 to assist in the development of rules to allow for the use of 15 16 appropriate alternative technologies. The bill requires the 15 17 commission to adopt rules for a review process for 15 18 standardized treatment systems, and expedited technical 15 19 reviews for projects that meet the design standards. 15 20 The bill requires all new or revised stream segment use 15 21 designations to be adopted by rule. The bill requires data to 15 22 substantiate a use designation to be collected using credible 15 23 data standards. The bill requires a new or revised use 15 24 designation to only occur as the result of a use attainability 15 25 analysis. The bill provides that a stream segment designation 15 26 in existence on the effective date of the bill that is 15 27 identified on the 2004 Iowa surface water classification list 15 28 shall remain in effect until the department completes a use 15 29 attainability analysis on each designated stream segment. The 15 30 bill provides a procedure for a use attainability analysis. 15 31 The bill provides that, by December 31, 2006, the 15 32 department shall publish a list of all designated stream 15 33 segments that receive a permitted discharge for which a use 15 34 attainability analysis for recreational use and aquatic life 15 35 use has not been completed and a list of all designated stream 16 1 segments that receive a permitted discharge for which a use 16 2 attainability analysis for recreational use and aquatic life 16 3 use has been completed and whether a recreational or aquatic 16 4 life use has been determined to be attainable. The bill 16 5 provides that, by December 31, 2007, a use attainability 16 6 analysis shall be completed for all newly designated stream 16 7 segments that receive a permitted discharge. 16 8 The bill requires the department, upon request, to complete 16 9 a use attainability analysis for recreational and aquatic uses 16 10 on any designated stream segment not receiving a permitted 16 11 discharge in accordance with certain procedures. The bill 16 12 provides an appeal process. 16 13 The bill provides for the continuation of operation permits 16 14 scheduled to expire before a use attainability analysis is 16 15 performed. 16 16 The bill establishes a watershed quality planning task 16 17 force to report to the general assembly recommendations for a 16 18 voluntary statewide water quality program designed to achieve 16 19 improving water quality and optimizing the costs of 16 20 voluntarily achieving and maintaining water quality standards; 16 21 creating economic incentives for voluntary reductions; 16 22 facilitating the implementation of total maximum daily loads, 16 23 urban stormwater control programs, and nonpoint source 16 24 management practices required or authorized under the federal 16 25 Water Pollution Control Act; providing incentives for the 16 26 development of new and more accurate and reliable pollution 16 27 control quantification protocols and procedures; and providing 16 28 greater flexibility through community=based, nonregulatory, 16 29 and performance=driven watershed management planning. 16 30 The bill requires the Iowa finance authority to establish 16 31 and administer a wastewater treatment financial assistance 16 32 program to provide financial assistance in the form of low= 16 33 interest loans, no=interest loans, forgivable loans, or grants 16 34 to enhance water quality. 16 35 LSB 5158SV 81 17 1 tm:rj/sh/8