House File 860 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HF 540)


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to environmental programs, and providing an
  2    effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2445HV 82
  5 da/gg/14

PAG LIN



  1  1    Section 1.  Section 161C.2, subsection 1, paragraph b, Code
  1  2 2007, is amended to read as follows:
  1  3    b.  Any work project with an estimated cost in excess of
  1  4 the competitive bid threshold in section 26.3, or as
  1  5 established in section 314.1B, shall be undertaken as a public
  1  6 contract as provided in chapters 73A and 573.  However, the
  1  7 district may waive the requirement for a bond as provided in
  1  8 section 573.2 for a project, if the district estimates that
  1  9 the cost of the project is less than the competitive bid
  1 10 threshold provided in section 26.3.  The local contracting
  1 11 organization shall designate a contracting officer and shall
  1 12 establish procedures to manage the contract, approve bills for
  1 13 payment, and review proposed change orders or amendments to
  1 14 the contract.
  1 15    Sec. 2.  NEW SECTION.  460A.1  WATER QUALITY PROGRAMS AND
  1 16 REGULATIONS.
  1 17    1.  The general assembly finds that a number of state and
  1 18 federal agencies administer programs and regulations providing
  1 19 for the improved quality of Iowa's water resources, including
  1 20 subsurface and surface resources.
  1 21    2.  State agencies shall cooperate to administer programs
  1 22 and regulations described in this section in order to provide
  1 23 for the maximum improvement of water resources using the most
  1 24 efficient use of public moneys or private contributions
  1 25 devoted to these purposes.
  1 26    3.  In administering programs for watershed improvements
  1 27 the department of agriculture and land stewardship and the
  1 28 department of natural resources shall cooperate in order to
  1 29 prioritize the receipt of state or federal assistance by
  1 30 watersheds under programs administered by the departments.
  1 31    Sec. 3.  Section 466A.3, subsection 3, Code 2007, is
  1 32 amended by adding the following new paragraph:
  1 33    NEW PARAGRAPH.  h.  In awarding moneys under a project
  1 34 supported by the fund, provide for a flexible approach which
  1 35 maximizes water quality improvements at the lowest cost
  2  1 feasible.
  2  2    Sec. 4.  Section 466A.4, subsection 1, Code 2007, is
  2  3 amended to read as follows:
  2  4    1.  A local watershed improvement committee shall be
  2  5 organized for the purposes of applying for a local watershed
  2  6 improvement grant and implementing a local watershed
  2  7 improvement project.  Each local watershed improvement grant
  2  8 application shall include a methodology for attaining
  2  9 measurable, observable, and performance=based results.  A
  2 10 majority of the members of the committee shall represent a
  2 11 cause for the impairment of the watershed.  The committee
  2 12 shall be authorized as a not=for=profit organization by the
  2 13 secretary of state.  Soil and water conservation districts and
  2 14 cities may also be eligible and apply for and receive local
  2 15 watershed improvement grants.
  2 16    Sec. 5.  LEGISLATIVE INTENT == FUNDING OF WATERSHED
  2 17 IMPROVEMENTS.  It is the intent of the general assembly to
  2 18 provide full funding to support projects financed from the
  2 19 watershed improvement fund created in section 466A.2.
  2 20    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  2 21 immediate importance, takes effect upon enactment.
  2 22                           EXPLANATION
  2 23    This bill provides for water quality programs as
  2 24 administered by state departments, including the department of
  2 25 agriculture and land stewardship and the department of natural
  2 26 resources.
  2 27    The bill amends Code chapter 161C which provides for water
  2 28 protection projects and practices.  Code section 161C.2
  2 29 authorizes a soil and water conservation district to carry out
  2 30 projects to protect this state's groundwater and surface water
  2 31 from point and nonpoint sources of contamination.  The Code
  2 32 section provides that any work project is governed under Code
  2 33 chapter 573 which provides processes for contracting for
  2 34 public improvements.  Code section 573.2 requires the posting
  2 35 of a performance bond for a contract involving a public
  3  1 improvement for $25,000 or more.  The bill provides that the
  3  2 commissioners of a soil and water conservation district may
  3  3 waive the requirement if they estimate the cost of the project
  3  4 will not exceed the general competitive bid threshold of
  3  5 $100,000 for general construction bidding as provided in Code
  3  6 section 26.3 (see 2006 Iowa Acts, ch. 1017).
  3  7    The bill creates a new Code chapter requiring that state
  3  8 agencies cooperate to administer programs and regulations
  3  9 relating to Iowa's water resources and to prioritize the
  3 10 receipt of state or federal assistance under water quality
  3 11 programs.
  3 12    The bill amends provisions in Code chapter 466A relating to
  3 13 grants from the watershed improvement fund created in section
  3 14 466A.2.  The bill provides that moneys under a project
  3 15 supported by the fund must be expended using a flexible
  3 16 approach which maximizes water quality improvements at the
  3 17 lowest cost feasible.  The bill also provides that cities may
  3 18 be eligible to apply for local watershed improvement grants.
  3 19    The bill declares the intention of the general assembly to
  3 20 provide full funding to support projects financed from the
  3 21 watershed improvement fund.
  3 22    The bill takes effect upon enactment.
  3 23 LSB 2445HV 82
  3 24 da:rj/gg/14