Senate File 329 - Introduced SENATE FILE BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1130) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to water quality, by eliminating certain public 2 water supply system permit fee requirements, creating a water 3 quality needs and infrastructure program and fund, providing 4 for an advisory committee, and making appropriations. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1798SV 81 7 tm/pj/5 PAG LIN 1 1 Section 1. Section 455B.183A, subsection 1, Code 2005, is 1 2 amended to read as follows: 1 3 1. A water quality protection fund is created in the state 1 4 treasury under the control of the department. The fund 1 5 consists of moneys appropriated to the fund by the general 1 6 assembly,moneys deposited into the fund from fees described 1 7 in subsection 2,moneys deposited into the fund from fees 1 8 collected pursuant to sections 455B.187 and 455B.190A, and 1 9 other moneys available to and obtained or accepted by the 1 10 department from the United States government or private 1 11 sources for placement in the fund. The fund is divided into 1 12 three accounts, including the administration account, the 1 13 public water supply system account, and the private water 1 14 supply system account. Moneys in the administration account 1 15 are appropriated to the department for purposes of carrying 1 16 out the provisions of this division, which relate to the 1 17 administration, regulation, and enforcement of the federal 1 18 Safe Drinking Water Act. Moneys in the public water supply 1 19 system account are appropriated to the department to support 1 20 the program to assist supply systems, as provided in section 1 21 455B.183B. Moneys in the private water supply system account 1 22 are appropriated to the department for the purpose of 1 23 supporting the programs established to protect private 1 24 drinking water supplies as provided in sections 455B.187, 1 25 455B.188, 455B.190, and 455B.190A. 1 26 Sec. 2. Section 455B.183A, subsection 2, Code 2005, is 1 27 amended by striking the subsection. 1 28 Sec. 3. NEW SECTION. 455B.183D WATER QUALITY NEEDS AND 1 29 INFRASTRUCTURE PROGRAM == FUND. 1 30 1. The department shall establish and administer a water 1 31 quality needs and infrastructure program. The program shall 1 32 provide financial assistance for the administration, 1 33 regulation, and enforcement of the federal Safe Drinking Water 1 34 Act, source water protection grants, and infrastructure loans 1 35 to water systems. 2 1 2. a. A water quality needs and infrastructure fund is 2 2 created in the state treasury under the control of the 2 3 department. Notwithstanding section 423.2, subsection 10, 2 4 revenues received from the taxation of water pursuant to 2 5 section 423.2, subsection 2, shall be deposited in the water 2 6 quality needs and infrastructure fund as provided in this 2 7 section. For the fiscal year beginning July 1, 2005, and 2 8 ending June 30, 2006, twenty percent of the revenues collected 2 9 shall be deposited in the fund. For the fiscal year beginning 2 10 July 1, 2006, and ending June 30, 2007, forty percent of the 2 11 revenues collected shall be deposited in the fund. For the 2 12 fiscal year beginning July 1, 2007, and ending June 30, 2008, 2 13 sixty percent of the revenues collected shall be deposited in 2 14 the fund. For the fiscal year beginning July 1, 2008, and 2 15 ending June 30, 2009, eighty percent of the revenues collected 2 16 shall be deposited in the fund. For the fiscal year beginning 2 17 July 1, 2009, and each fiscal year thereafter, one hundred 2 18 percent of the revenues collected shall be deposited in the 2 19 fund. 2 20 b. Notwithstanding section 8.33, moneys in the water 2 21 quality needs and infrastructure fund at the end of each 2 22 fiscal year shall not revert to any other fund but shall 2 23 remain in the fund for expenditure in subsequent fiscal years. 2 24 Notwithstanding section 12C.7, interest and earnings on moneys 2 25 in the fund shall be credited to the fund. 2 26 c. Within the water quality needs and infrastructure fund, 2 27 the department shall create the following accounts: 2 28 (1) A water quality protection account. 2 29 (2) A drinking water infrastructure revolving loan 2 30 account. 2 31 (3) A source water protection account. 2 32 d. Moneys deposited in the fund in a fiscal year pursuant 2 33 to paragraph "a" shall be allocated as follows: 2 34 (1) The first two million dollars shall be deposited in 2 35 the water quality protection account and is appropriated to 3 1 the department to be used for purposes of enforcing provisions 3 2 of the federal Safe Drinking Water Act as delegated to the 3 3 state. 3 4 (2) Any moneys in excess of two million dollars shall be 3 5 divided and allocated as follows: 3 6 (a) Fifty percent shall be deposited in the drinking water 3 7 infrastructure revolving loan account and is appropriated to 3 8 the department to be used for purposes of providing low= 3 9 interest loans to public water systems and community water 3 10 systems which can comply with or have the potential to comply 3 11 with the financial, technical, and managerial criteria of a 3 12 viability assessment and remain in compliance with 3 13 requirements of the federal Safe Drinking Water Act. 3 14 (b) Fifty percent shall be deposited in the source water 3 15 protection account and is appropriated to the department to be 3 16 used for the purpose of building capacity for wellhead and 3 17 watershed protection initiatives. 3 18 Sec. 4. ADVISORY COMMITTEE. The department of natural 3 19 resources shall form an advisory committee for purposes of 3 20 assisting in the development of rules to administer this Act. 3 21 The advisory committee shall assist in the development of 3 22 qualification criteria for the approval of programs and 3 23 projects receiving financial assistance under this Act. The 3 24 advisory committee shall consist of representatives from the 3 25 following entities: 3 26 1. The department of natural resources. 3 27 2. The department of agriculture and land stewardship. 3 28 3. The college of agriculture at Iowa state university of 3 29 science and technology. 3 30 4. The college of public health at the university of Iowa. 3 31 5. The Iowa association of municipal utilities. 3 32 6. The Iowa association of water agencies. 3 33 7. The Iowa section of the American water works 3 34 association. 3 35 8. The Iowa rural water association. 4 1 9. The Iowa water pollution control association. 4 2 10. The Iowa league of cities. 4 3 11. The natural resources conservation service of the 4 4 United States department of agriculture. 4 5 12. The Iowa environmental council. 4 6 13. Iowa agstate group. 4 7 EXPLANATION 4 8 This bill creates a water quality needs and infrastructure 4 9 program and fund. 4 10 The bill eliminates a provision requiring the environmental 4 11 protection commission to adopt certain fees for certain 4 12 permits required for public water supply systems. 4 13 The bill requires the department of natural resources to 4 14 establish and administer a water quality needs and 4 15 infrastructure program. The bill provides that the program 4 16 shall provide financial assistance for the administration, 4 17 regulation, and enforcement of the federal Safe Drinking Water 4 18 Act, source water protection grants, and infrastructure loans 4 19 to water systems. 4 20 The bill creates a water quality needs and infrastructure 4 21 fund in the state treasury under the control of the 4 22 department. The bill provides that a certain percentage of 4 23 the revenues received from the taxation of water shall be 4 24 deposited in the water quality needs and infrastructure fund. 4 25 The percentage of revenues to be deposited increases by 20 4 26 percent for each fiscal year beginning July 1, 2005, and 4 27 ending June 30, 2010. 4 28 The bill creates a water quality protection account, a 4 29 drinking water infrastructure revolving loan account, and a 4 30 source water protection account within the fund. The bill 4 31 appropriates moneys to the department by allocating the first 4 32 $2 million to be deposited in the water quality protection 4 33 account to be used for purposes of enforcing provisions of the 4 34 federal Safe Drinking Water Act as delegated to the state. 4 35 Any moneys in excess of $2 million are appropriated by 5 1 allocating 50 percent to be deposited in the drinking water 5 2 infrastructure revolving loan account to be used for purposes 5 3 of providing low=interest loans to public water systems and 5 4 community water systems which can comply with or have the 5 5 potential to comply with the financial, technical, and 5 6 managerial criteria of a viability assessment and remain in 5 7 compliance with requirements of the federal Safe Drinking 5 8 Water Act, and 50 percent to be deposited in the source water 5 9 protection account to be used for the purpose of building 5 10 capacity for wellhead and watershed protection initiatives. 5 11 The bill provides that the department shall form an 5 12 advisory committee for purposes of assisting in the 5 13 development of administrative rules and in the development of 5 14 qualification criteria for the approval of programs and 5 15 projects receiving financial assistance under the bill. 5 16 LSB 1798SV 81 5 17 tm:nh/pj/5