House File 2400 - Introduced
HOUSE FILE
BY COMMITTEE ON ENVIRONMENTAL
PROTECTION
(SUCCESSOR TO HSB 615)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to water quality by establishing a water
2 resources coordinating council, authorizing a marketing
3 campaign, directing assistance to local communities for
4 monitoring and measurement, providing for a wastewater and
5 storm water infrastructure assessment, and creating a regional
6 assessment program and a community=based improvement program.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 466B.1 SHORT TITLE.
1 2 This chapter shall be known and may be cited as the
1 3 "Surface Water Protection Act".
1 4 Sec. 2. NEW SECTION. 466B.2 DEFINITIONS.
1 5 For the purposes of this chapter, unless the context
1 6 otherwise requires:
1 7 1. "Council" means the water resources coordinating
1 8 council created in section 466B.3.
1 9 2. "Department" means the department of natural resources.
1 10 3. "Regional watershed" means a watershed of hydrologic
1 11 unit code scale 8.
1 12 4. "Subwatershed" means a watershed of hydrological unit
1 13 code scale 12 or smaller.
1 14 5. "Watershed" means a geographic area in which surface
1 15 water is drained by rivers, streams, or other bodies of water.
1 16 Sec. 3. NEW SECTION. 466B.3 WATER RESOURCES COORDINATING
1 17 COUNCIL.
1 18 1. COUNCIL ESTABLISHED. A water resources coordinating
1 19 council is established within the office of the governor.
1 20 2. PURPOSE. The purpose of the council shall be to
1 21 preserve and protect Iowa's water resources, and to coordinate
1 22 the management of those resources in a sustainable and
1 23 fiscally responsible manner. In the pursuit of this purpose,
1 24 the council shall use an integrated approach to water resource
1 25 management, recognizing that insufficiencies exist in current
1 26 approaches and practices, as well as in funding sources and
1 27 the utilization of funds. The integrated approach used by the
1 28 council shall attempt to overcome old categories, labels, and
1 29 obstacles with the primary goal of managing the state's water
1 30 resources comprehensively rather than compartmentally.
1 31 3. ACCOUNTABILITY. The success of the council's efforts
1 32 shall ultimately be measured by the following outcomes:
1 33 a. Whether the citizens of Iowa can more easily organize
1 34 local watershed projects.
1 35 b. Whether the citizens of Iowa can more easily access
2 1 available funds and water quality program resources.
2 2 c. Whether the funds, programs, and regulatory efforts
2 3 coordinated by the council eventually result in a long=term
2 4 improvement to the quality of surface water in Iowa.
2 5 4. MEMBERSHIP. The council shall consist of the following
2 6 members:
2 7 a. The director of the department of natural resources or
2 8 the director's designee.
2 9 b. The director of the soil conservation division of the
2 10 department of agriculture and land stewardship or the
2 11 director's designee.
2 12 c. The secretary of agriculture or the secretary's
2 13 designee.
2 14 d. The director of the department of public health or the
2 15 director's designee.
2 16 e. The director of the homeland security and emergency
2 17 management division of the department of public defense or the
2 18 director's designee.
2 19 f. The dean of the college of agriculture at Iowa state
2 20 university or the dean's designee.
2 21 g. The dean of the college of public health at the
2 22 university of Iowa or the dean's designee.
2 23 h. The dean of the college of natural sciences at the
2 24 university of northern Iowa, or the dean's designee.
2 25 i. The director of the department of transportation or the
2 26 director's designee.
2 27 j. The director of the department of economic development
2 28 or the director's designee.
2 29 k. The director of the Iowa finance authority, or the
2 30 director's designee.
2 31 l. The governor, who shall be the chairperson, or the
2 32 governor's designee. As the chairperson, and in order to
2 33 further the coordination efforts of the council, the governor
2 34 may invite representatives from any other public agency,
2 35 private organization, business, citizen group, or nonprofit
3 1 entity to give public input at council meetings provided the
3 2 entity has an interest in the coordinated management of land
3 3 resources, soil conservation, or water quality. The governor
3 4 shall also invite and solicit advice from the following:
3 5 (1) The director of the Iowa water science center of the
3 6 United States geological survey or the director's designee.
3 7 (2) The state conservationist from the Iowa office of the
3 8 United States department of agriculture's natural resources
3 9 conservation service or the state conservationist's designee.
3 10 (3) The executive director for Iowa from the United States
3 11 department of agriculture's farm services agency or the
3 12 executive director's designee.
3 13 (4) The state director for Iowa from the United States
3 14 department of agriculture's office of rural development or the
3 15 state director's designee.
3 16 (5) The director of region seven of the United States
3 17 environmental protection agency or the director's designee.
3 18 (6) The corps commander from the United States army corps
3 19 of engineers' Rock Island district or the commander's
3 20 designee.
3 21 5. MEETINGS AND QUORUM.
3 22 a. The council shall be convened by the office of the
3 23 governor at least quarterly.
3 24 b. A majority of the members fixed by statute shall
3 25 constitute a quorum, and any action taken by the council must
3 26 be adopted by a majority of the voting membership.
3 27 6. DUTIES AND POWERS.
3 28 a. The council shall engage in the regular coordination of
3 29 water resource=related functions, including protection
3 30 strategies, planning, assessment, prioritization, review,
3 31 concurrence, advocacy, and education.
3 32 b. In coordinating water resource related functions, the
3 33 council may do all of the following:
3 34 (1) Consider the steps necessary to address the planning,
3 35 management, and implementation of water resource improvement.
4 1 (2) Identify ways to facilitate communication and
4 2 participation among all water resource stakeholders, including
4 3 owners of land in Iowa whether they are residents or not.
4 4 (3) Identify inefficiencies in current programs and
4 5 recommend ways to eliminate duplicative services.
4 6 (4) Improve the availability and management of water
4 7 resource information.
4 8 (5) Provide incentives for, and recognition of,
4 9 environmental excellence.
4 10 (6) Regularly assess and identify measurable improvements
4 11 in water quality.
4 12 (7) Oversee the complete, statewide regional watershed
4 13 assessment, prioritization, and planning process described in
4 14 section 466B.5, including a short=term interim program and a
4 15 long=term comprehensive state water quality and quantity plan
4 16 updated every five years as provided in sections 466B.5 and
4 17 466B.6.
4 18 (8) Develop a protocol which identifies high priority
4 19 watersheds, including local and community=based subwatersheds,
4 20 and which appropriately directs resources to those watersheds.
4 21 (9) Review best available technologies on a regular basis,
4 22 so that investments of time and program resources can be
4 23 prioritized and directed to projects that will best and most
4 24 effectively improve water quality within regional and
4 25 community subwatersheds.
4 26 (10) Review voluntary, performance=based standards for
4 27 water resource management, land management, and soil
4 28 conservation.
4 29 (11) Develop a protocol for assigning multiagency teams to
4 30 regional watersheds and local subwatersheds and guide those
4 31 teams in the coordination of citizen and agency activities
4 32 within those watersheds.
4 33 (12) Engage in dialogue with, and pursue efforts to make
4 34 cooperative agreements with, other states when a watershed
4 35 extends beyond borders of this state.
5 1 (13) Enter into agreements and make contracts with third
5 2 parties for the performance of duties imposed by this chapter.
5 3 (14) Prepare a memorandum of understanding identifying the
5 4 roles and responsibilities of council members in the
5 5 coordination of the implementation of community=based
5 6 subwatershed improvement plans. The memorandum shall be a
5 7 commitment by the agencies participating in council meetings
5 8 to reach consensus regarding communications with subwatershed
5 9 planning units.
5 10 Sec. 4. NEW SECTION. 466B.4 LEGISLATIVE FINDINGS AND
5 11 MARKETING CAMPAIGN.
5 12 1. FINDINGS. The general assembly finds all of the
5 13 following:
5 14 a. Most Iowans desire to have improved water quality
5 15 throughout the state, but many Iowans do not understand the
5 16 problems with local water quality.
5 17 b. Most Iowans believe that the protection of fish and
5 18 wildlife benefits all Iowans.
5 19 c. The benefits of improving water quality could far
5 20 outweigh the costs of implementing mechanisms to improve it.
5 21 d. Most Iowans look to some level of government for the
5 22 protection of water resources rather than to themselves and
5 23 their own actions. However, it is not possible or desirable
5 24 for state government to take complete control and
5 25 responsibility for water quality.
5 26 2. MARKETING CAMPAIGN. The water resources coordinating
5 27 council shall develop a marketing campaign to educate Iowans
5 28 about the need to take personal responsibility for the quality
5 29 of water in their local watersheds. The emphasis of the
5 30 campaign shall be that not only is everyone responsible for
5 31 clean water, but that everyone benefits from it as well. The
5 32 goals of the campaign shall be to convince Iowans to take
5 33 personal responsibility for clean water and to equip them with
5 34 the tools necessary to effect change through local water
5 35 quality improvement projects.
6 1 3. CONTINGENT ON FUNDING. The duties imposed in
6 2 subsection 2 are contingent upon the receipt of funding
6 3 sufficient to cover the costs associated with the marketing
6 4 campaign.
6 5 Sec. 5. NEW SECTION. 466B.5 REGIONAL WATERSHED
6 6 ASSESSMENT, PLANNING, AND PRIORITIZATION.
6 7 1. REGIONAL WATERSHED ASSESSMENT PROGRAM. The department
6 8 shall create a regional watershed assessment program. The
6 9 program shall assess all the regional watersheds in the state.
6 10 a. The statewide assessment shall be conducted at the rate
6 11 of approximately one=fifth of the watersheds per year, and an
6 12 initial full assessment shall be completed within five years.
6 13 Thereafter, the department shall review and update the
6 14 assessments on a regular basis.
6 15 b. Each regional watershed assessment shall provide a
6 16 summary of the overall condition of the watershed. The
6 17 information provided in the summary may include land use
6 18 patterns, soil types, slopes, management practices, stream
6 19 conditions, and both point and nonpoint source impairments.
6 20 c. In conducting a regional watershed assessment, the
6 21 department may provide opportunities for local data collection
6 22 and input into the assessment process.
6 23 2. PLANNING AND PRIORITIZATION. In conducting the
6 24 regional watershed assessment program, the department shall
6 25 provide hydrological and geological information sufficient for
6 26 the water resources coordinating council to prioritize
6 27 watersheds statewide and for the various communities in those
6 28 watersheds to plan remedial efforts in their local communities
6 29 and subwatersheds.
6 30 3. REPORT TO COUNCIL. Upon completion of the statewide
6 31 assessment, and upon updating the assessments, the department
6 32 shall report the results of the assessment to the council and
6 33 the general assembly, and shall make the report publicly
6 34 available.
6 35 Sec. 6. NEW SECTION. 466B.6 COMMUNITY=BASED SUBWATERSHED
7 1 IMPROVEMENT PLANS.
7 2 1. FACILITATION OF COMMUNITY=BASED SUBWATERSHED PLANS.
7 3 After the department's completion of the initial regional
7 4 watershed assessment, and after the council's prioritization
7 5 of the regional watersheds, the council shall designate one or
7 6 more of the agencies represented on the council to facilitate
7 7 the development and implementation of local, community=based
7 8 subwatershed improvement plans.
7 9 2. ASSESSMENT, PLANNING, PRIORITIZATION, AND
7 10 IMPLEMENTATION. In facilitating the development of
7 11 community=based subwatershed improvement plans, the agency or
7 12 agencies designated by the council shall, based on the results
7 13 of the regional watershed assessment program, identify
7 14 critical subwatersheds within priority regional watersheds and
7 15 recruit communities, citizen groups, local governmental
7 16 entities, or other stakeholders to engage in the assessment,
7 17 planning, prioritization, and implementation of a local
7 18 community=based subwatershed improvement plan. The agency or
7 19 agencies designated by the council may assist in the formation
7 20 of a group of initial local community=based subwatershed
7 21 improvement plans that can be implemented as pilot projects,
7 22 in order to develop an effective process that can be
7 23 replicated across the state.
7 24 Sec. 7. NEW SECTION. 466B.7 COMMUNITY=BASED SUBWATERSHED
7 25 MONITORING.
7 26 1. MONITORING ASSISTANCE. After completion of the
7 27 statewide regional watershed assessment and prioritization,
7 28 and throughout the implementation of local community=based
7 29 subwatershed improvement plans, the department shall assist
7 30 communities with the monitoring and measurement of local
7 31 subwatersheds. The monitoring and measurement shall be
7 32 designed for the particular needs of individual communities.
7 33 2. DATA COLLECTION AND USE. Local communities in which
7 34 the department conducts subwatershed monitoring shall use the
7 35 information to support subwatershed planning activities, do
8 1 local data collection, and identify priority areas needing
8 2 additional resources. Local communities shall also collect
8 3 data over time and use the data to evaluate the impacts of
8 4 their management efforts.
8 5 Sec. 8. NEW SECTION. 466B.8 WASTEWATER AND STORM WATER
8 6 INFRASTRUCTURE ASSESSMENT.
8 7 The department shall assess and prioritize communities
8 8 within a watershed presenting the greatest level of risk to
8 9 water quality and the health of residents. This
8 10 prioritization shall include both sewered and unsewered
8 11 communities.
8 12 Sec. 9. NEW SECTION. 466B.9 RULEMAKING AUTHORITY.
8 13 The department and the department of agriculture and land
8 14 stewardship shall have the power and authority reasonably
8 15 necessary to carry out the duties imposed by this chapter. As
8 16 to the department, this includes rulemaking authority to carry
8 17 out the regional watershed assessment program described in
8 18 section 466B.5. As to the department of agriculture and land
8 19 stewardship, this includes rulemaking authority to assist in
8 20 the implementation of community=based subwatershed improvement
8 21 plans.
8 22 EXPLANATION
8 23 This bill relates to the protection of surface water and to
8 24 improvements in water quality.
8 25 The bill creates a water resources coordinating council
8 26 within the governor's office and specifies as members certain
8 27 state agency directors with authority over water=related
8 28 programs as well as experts in water quality from the regents
8 29 institutions. The governor is directed to solicit advice from
8 30 several directors of federal programs involved with water
8 31 resources. The council is charged with coordinating
8 32 governmental efforts to improve water quality in an efficient
8 33 and fiscally responsible manner.
8 34 The bill also charges the council to conduct a marketing
8 35 campaign to educate Iowans about water quality and about their
9 1 responsibility for improving it. The focus of the campaign is
9 2 to make sure that Iowans know that clean water is everyone's
9 3 responsibility, and that everyone benefits. This provision of
9 4 the bill is specifically contingent upon the receipt of
9 5 funding.
9 6 The bill also directs the department of natural resources
9 7 to engage in a program of statewide watershed assessment. The
9 8 department must divide the state into larger, regional
9 9 watersheds and engage in water quality assessment of those
9 10 regions. The department must complete this assessment within
9 11 five years and, based on the results of the assessment, the
9 12 council must prioritize the regions so that resources can be
9 13 directed in the most appropriate and efficient manner.
9 14 The bill also directs the council to designate one or more
9 15 agencies to assist in improving water quality at a smaller,
9 16 local watershed level. The agencies designated by the council
9 17 are directed to recruit local communities to create local
9 18 community=based subwatershed improvement plans and to take the
9 19 initiative in water quality improvement. Local stakeholders
9 20 may include many diverse groups, such as community groups,
9 21 soil and water conservation districts, and drainage districts.
9 22 The bill also directs the department to assist local
9 23 communities with water quality monitoring. This monitoring is
9 24 not contingent upon the statewide regional assessment and is
9 25 intended to help local communities in the community=based
9 26 improvement efforts by providing data to assist in proper
9 27 planning efforts and the allocation of resources.
9 28 The bill also provides for a wastewater and storm water
9 29 treatment infrastructure assessment and directs the department
9 30 to prioritize local communities according to water quality and
9 31 the greatest risk to the health of residents.
9 32 Finally, the bill gives the department and the department
9 33 of agriculture and land stewardship rulemaking authority to
9 34 carry out the duties imposed on it by the provisions of the
9 35 bill.
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