Senate Study Bill 1130
SENATE FILE
BY (PROPOSED COMMITTEE ON NATURAL
RESOURCES AND ENVIRONMENT BILL
BY CO=CHAIRPERSON BLACK)
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 1798SC 81
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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.
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