Senate File 495 - Introduced
SENATE FILE
BY COMMITTEE ON NATURAL
RESOURCES AND ENVIRONMENT
(SUCCESSOR TO SSB 1235)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to water quality.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1804SV 82
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PAG LIN
1 1 Section 1. NEW SECTION. 7.23 WATERSHED COUNSELOR.
1 2 1. The governor shall establish a position of watershed
1 3 counselor as part of the governor's office and appoint a
1 4 person in the governor's office or the lieutenant governor's
1 5 office to serve in the position.
1 6 2. The watershed counselor shall do all of the following:
1 7 a. Coordinate staff communication, programs, and funding
1 8 in state agencies responsible for water resources with the
1 9 purpose of achieving common goals.
1 10 b. Develop a strategic water plan for the state which
1 11 includes water quality and water quantity considerations. The
1 12 plan shall be filed with the general assembly and with the
1 13 governor by December 31, 2008.
1 14 c. Update the strategic water plan by January 1, 2010, and
1 15 at five=year intervals thereafter.
1 16 d. File a written progress report with the general
1 17 assembly and the governor by January 15 of each year beginning
1 18 in the calendar year 2010 regarding the achievement of goals
1 19 stated in the strategic water plan.
1 20 e. Coordinate the development and implementation of the
1 21 goals identified in the strategic water plan.
1 22 f. Monitor and regularly assess if water programs and
1 23 processes administered by agencies in the executive branch are
1 24 enabling the strategic water plan goals to be achieved and if
1 25 progress is being made toward achieving the goals.
1 26 g. In consultation with the secretary of agriculture and
1 27 the director of the department of natural resources, lead the
1 28 science advisory council established in section 7.25.
1 29 h. In an effort to achieve strategic water plan goals,
1 30 coordinate watershed programs with local governments, the
1 31 state government, the federal government, community colleges,
1 32 and nongovernmental entities.
1 33 i. Direct a statewide ongoing comprehensive assessment and
1 34 planning process for eight=digit hydrologic unit code
1 35 watersheds that enables the continued priority identification
2 1 of impairments to water quality and the potential sources of
2 2 the impairments. Data collected and modeling conducted
2 3 through this process are for planning purposes only and shall
2 4 not be used in an enforcement action. Individual identifying
2 5 data shall not be considered a public record subject to
2 6 examination and copying under chapter 22. The geological
2 7 survey bureau of the department of natural resources and the
2 8 division of soil conservation of the department of agriculture
2 9 and land stewardship shall cooperatively assist locally led
2 10 watershed groups in the development of eight=digit hydrologic
2 11 unit code watershed goals.
2 12 3. The watershed counselor shall not be considered an
2 13 agency under section 17A.2 and shall not have any independent
2 14 authority to regulate.
2 15 4. The department of natural resources shall provide any
2 16 information or data requested by the watershed counselor.
2 17 Sec. 2. NEW SECTION. 7.24 STRATEGIC WATER PLAN.
2 18 1. The watershed counselor shall do all of the following
2 19 for purposes of developing the strategic water plan:
2 20 a. Consult with the department of natural resources, the
2 21 department of agriculture and land stewardship, organizations
2 22 represented on the watershed improvement review board
2 23 established in section 466A.3, the Iowa division of the
2 24 natural resources conservation service of the United States
2 25 department of agriculture, the state soil conservation
2 26 committee established in section 161A.4, and any other
2 27 entities deemed appropriate by the watershed counselor.
2 28 b. Review the water quality programs administered by the
2 29 department of natural resources, the department of agriculture
2 30 and land stewardship, and soil and water conservation
2 31 districts.
2 32 c. Review recommendations of the sustainable natural
2 33 resource funding study established in 2006 Iowa Acts, ch.
2 34 1185. This review is not required for the development of
2 35 strategic water plans subsequent to the initial strategic
3 1 water plan.
3 2 d. Review recommendations from the watershed quality
3 3 planning task force established in 2006 Iowa Acts, ch. 1145.
3 4 This review is not required for the development of strategic
3 5 water plans subsequent to the initial strategic water plan.
3 6 2. A strategic water plan shall include all of the
3 7 following:
3 8 a. The status of water quality and quantity programs and
3 9 resources.
3 10 b. A review of financial and personnel resources available
3 11 to water quality and quantity programs in the state and their
3 12 use.
3 13 c. A needs assessment to implement water programs in the
3 14 state including staff and program funding resources to
3 15 implement the strategic water plan.
3 16 d. An inventory and status of watershed improvement
3 17 projects including private, local, state, and federally funded
3 18 projects. The inventory shall include a description of each
3 19 project, the development or implementation phase of each
3 20 project, any available documented outcomes of each project,
3 21 and the amount of public and private resources invested in
3 22 each project.
3 23 e. Priority identification of watersheds in the state for
3 24 focused watershed improvement efforts during the term of the
3 25 strategic water plan.
3 26 f. Criteria used by the watershed counselor for priority
3 27 identification of watersheds in the state.
3 28 g. Identification of plans for providing financial and
3 29 technical assistance to locally led watershed improvement
3 30 efforts including the assessment of the watersheds for sources
3 31 of impairment.
3 32 h. Recommendations for legislative action and plans to
3 33 enable the achievement of goals on an eight=digit hydrologic
3 34 unit code watershed basis.
3 35 3. In addition to the elements in subsection 2, the
4 1 initial strategic water plan shall include all of the
4 2 following:
4 3 a. Recommendations to establish a delivery infrastructure
4 4 for achieving watershed goals on an eight=digit hydrologic
4 5 unit code watershed basis including necessary resources and
4 6 program development.
4 7 b. Recommendations to establish a locally led process to
4 8 identify water quality improvement goals in eight=digit
4 9 hydrologic unit code watersheds and strategic plans for
4 10 working toward the achievement of those goals.
4 11 c. Recommendations for a process and resources necessary
4 12 to establish watershed assessments on watersheds identified as
4 13 a priority for water quality improvement in the strategic
4 14 water plan.
4 15 d. Data from a statewide watershed assessment conducted by
4 16 the department of natural resources that enables the priority
4 17 identification of priority watershed for water quality
4 18 improvement efforts.
4 19 4. The strategic water plan shall not be submitted to the
4 20 governor and general assembly unless the plan is approved by
4 21 the watershed improvement review board. Prior to submitting
4 22 the plan to the board for approval, the watershed counselor
4 23 shall allow a period of not less than sixty days for public
4 24 comment on the plan.
4 25 Sec. 3. NEW SECTION. 7.25 SCIENCE ADVISORY COUNCIL.
4 26 A science advisory council is established with membership
4 27 determined by the watershed counselor in consultation with the
4 28 secretary of agriculture and the director of the department of
4 29 natural resources. The council shall recommend basic
4 30 scientific standards on which state environmental rules shall
4 31 be based. The standards shall be adopted by the environmental
4 32 protection commission by rule. A notice of intended action
4 33 filed by the commission shall substantially reflect any
4 34 conclusions made by the science advisory council.
4 35 Sec. 4. Section 22.7, Code 2007, is amended by adding the
5 1 following new subsections:
5 2 NEW SUBSECTION. 58. Individual identifying data collected
5 3 as part of a statewide ongoing comprehensive assessment and
5 4 planning process for eight=digit hydrologic unit code
5 5 watersheds pursuant to section 7.23, subsection 2.
5 6 NEW SUBSECTION. 59. Information collected or provided
5 7 during the provision of services listed in section 161A.101,
5 8 subsection 2.
5 9 Sec. 5. NEW SECTION. 161A.101 VOLUNTARY ENVIRONMENTAL
5 10 PERFORMANCE BUREAU.
5 11 1. A voluntary environmental performance bureau is
5 12 established within the division.
5 13 2. The bureau shall do all of the following:
5 14 a. Assist agricultural producers with a review of
5 15 regulatory and conservation needs and opportunities.
5 16 b. Conduct voluntary farm assessments and manure
5 17 management planning for both permitted and nonpermitted open
5 18 feedlots operations and confinement feeding operation
5 19 structures.
5 20 c. Provide comprehensive evaluations of associated field
5 21 conservation practices.
5 22 d. Provide compliance assistance to agricultural producers
5 23 with respect to applicable state and federal regulations.
5 24 e. Communicate regulatory requirements for agricultural
5 25 producers to the general public through electronic and other
5 26 means.
5 27 f. Collaborate with the department to develop eight=digit
5 28 hydrologic unit code watershed goals.
5 29 3. The bureau may contract and train third=party vendors
5 30 to provide any of the services listed in subsection 2.
5 31 4. Any information obtained or provided during the
5 32 provision of services listed in subsection 2 shall not be used
5 33 in an enforcement action and shall not be considered public
5 34 records subject to examination and copying under chapter 22.
5 35 5. Activities under subsection 2 conducted by the bureau
6 1 or a third=party vendor shall not take the form of enforcement
6 2 activities.
6 3 Sec. 6. Section 455B.173, subsection 2, Code 2007, is
6 4 amended by adding the following new unnumbered paragraph:
6 5 NEW UNNUMBERED PARAGRAPH. If the United States
6 6 environmental protection agency has established nationally
6 7 recommended water quality criteria pursuant to section
6 8 304(a)(1) of the federal Clean Water Act, a state water
6 9 quality standard shall not be more restrictive than the
6 10 federal recommendation. A state water quality standard shall
6 11 not be modified to be more restrictive unless all of the
6 12 following are met:
6 13 a. The rule is required by the federal Clean Water Act.
6 14 b. Research and practice trials have demonstrated that the
6 15 standards or requirements of the more restrictive rule can be
6 16 met with the use of economically feasible technology.
6 17 c. The established or modified rule provides a reasonable
6 18 time frame for accomplishing the goals of the water quality
6 19 standard considering the scope of the economic impact of the
6 20 rule and the number of land acres impacted by the rule should
6 21 the new restriction cause a water segment to be placed on the
6 22 section 303(d) list.
6 23 d. A rule establishing or modifying a nutrient standard
6 24 shall not be adopted unless the standard can be met with
6 25 available voluntary land care programs.
6 26 Sec. 7. Section 455B.173, Code 2007, is amended by adding
6 27 the following new subsection:
6 28 NEW SUBSECTION. 13. Adopt rules establishing a program
6 29 for water quality credit trading for nutrients, sediments, and
6 30 other pollutants. The program shall be designed to do all of
6 31 the following:
6 32 a. Achieve water quality improvements more quickly than
6 33 would otherwise be possible.
6 34 b. Lead to a more cost=effective way to achieve water
6 35 quality standards in waters of the state.
7 1 c. Provide economic incentives for reductions in nonpoint
7 2 source pollution.
7 3 d. Provide other environmental benefits including but not
7 4 limited to restoring natural flow patterns, improving aquatic
7 5 habitat, increasing the ability of streams to process certain
7 6 pollutants, and creating stream buffers, shading, and other
7 7 benefits that go beyond reducing pollutants.
7 8 Sec. 8. Section 455B.174, Code 2007, is amended by adding
7 9 the following new subsection:
7 10 NEW SUBSECTION. 6. Conduct watershed assessments,
7 11 including modeling and water monitoring prior to the
7 12 development of total maximum daily loads. If a total maximum
7 13 daily load has been developed by the effective date of this
7 14 Act, watershed assessments shall be conducted and the total
7 15 maximum daily load shall be modified accordingly. A watershed
7 16 assessment shall include a scientific identification of
7 17 geographic areas to prioritize for achieving total maximum
7 18 daily loads. The department may contract with a third party
7 19 for purposes of conducting the watershed assessments.
7 20 Sec. 9. NEW SECTION. 459.104 VARIANCES.
7 21 A person who owns or operates a confinement feeding
7 22 operation may apply for a variance from the rules or standards
7 23 adopted by the department by filing an application with the
7 24 department. The application shall be accompanied by such
7 25 information and data required by the department.
7 26 1. The director shall promptly investigate the application
7 27 and approve or disapprove the application. The director may
7 28 grant a variance if the director finds that the applicant
7 29 satisfactorily demonstrates that the management or control
7 30 system adopted for the confinement feeding operation will
7 31 provide an equivalent level of performance to that achieved by
7 32 the requirement from which a variance is requested absent the
7 33 additional management or control system. Demonstration of
7 34 equivalent performance may include submitted results of
7 35 computer modeling which compares the predicted performance of
8 1 the proposed management or control system with that achieved
8 2 by the requirement from which a variance is sought.
8 3 2. The applicant may request a review hearing before the
8 4 department if the application is denied.
8 5 3. The director may grant a variance for a specific period
8 6 of time or a permanent variance, as deemed necessary and
8 7 appropriate by the director.
8 8 4. The director shall maintain a record of each variance
8 9 granted specifying the reasons for its issuance or extension.
8 10 Sec. 10. Section 466A.3, Code 2007, is amended by adding
8 11 the following new subsection:
8 12 NEW SUBSECTION. 5. A voting member of the board who is
8 13 not a state employee as defined in section 68B.2 shall be paid
8 14 a per diem as specified in section 7E.6.
8 15 Sec. 11. CLEAN WATER ACT. The department of natural
8 16 resources and the department of agriculture and land
8 17 stewardship shall work with the United States environmental
8 18 protection agency to modify the portion of the federal Clean
8 19 Water Act delegation agreement to move the administration of
8 20 section 319 of the federal Clean Water Act to the department
8 21 of agriculture and land stewardship.
8 22 Sec. 12. AGRICULTURAL DRAINAGE WELL WATER QUALITY
8 23 ASSISTANCE PROGRAM. The department of agriculture and land
8 24 stewardship shall increase the amount of assistance provided
8 25 under the agricultural drainage well water quality assistance
8 26 program established pursuant to section 460.304.
8 27 Sec. 13. RESEARCH. With appropriated moneys and grants
8 28 received by Iowa state university of science and technology,
8 29 the college of agriculture shall take the lead in conducting
8 30 basic and applied research and education to determine
8 31 practicable science=based solutions for nutrient and sediment
8 32 impairment issues. The college shall do all of the following:
8 33 1. Leverage research and education efforts, collaborate
8 34 with other colleges and centers at Iowa state university of
8 35 science and technology and other land grant or United States
9 1 department of agriculture research institutions.
9 2 2. Develop land care program templates for successfully
9 3 minimizing water quality impacts from the production of farm
9 4 commodities, including corn and soybeans, with minimal crop
9 5 yield losses.
9 6 3. Research agronomic fertilization needs of crops
9 7 throughout the state, beginning with corn and soybeans, to
9 8 develop recommendations both to meet crop needs and minimize
9 9 the potential for nutrient runoff, including but not limited
9 10 to whether manure can be applied to a soybean crop without
9 11 increasing the amount of nitrogen runoff from what is expected
9 12 from a corn crop. The research shall evaluate at a minimum
9 13 the effects of various application rates, a corn and soybean
9 14 rotation, and continuous corn production for comparison
9 15 purposes.
9 16 4. Research alternatives to reduce the water impact of
9 17 man=made drainage while continuing to meet land drainage needs
9 18 for working agricultural lands.
9 19 5. Consult with the water counselor in developing its
9 20 research plan.
9 21 EXPLANATION
9 22 This bill relates to water quality.
9 23 The bill requires the governor to establish a position of
9 24 watershed counselor as part of the governor's office and
9 25 appoint a person in the governor's office or the lieutenant
9 26 governor's office to serve in the position. The bill requires
9 27 the watershed counselor to coordinate staff communication,
9 28 programs, and funding in state agencies responsible for water
9 29 resources with the purpose of achieving common goals; develop
9 30 a strategic water plan for the state; update the strategic
9 31 water plan by January 1, 2010, and at five=year intervals
9 32 thereafter; file a written progress report with the general
9 33 assembly and the governor by January 15 of each year beginning
9 34 in the calendar year 2010; coordinate the development and
9 35 implementation of the goals identified in the strategic water
10 1 plan; monitor and regularly assess if water programs and
10 2 processes administered by agencies in the executive branch are
10 3 enabling the strategic water plan goals to be achieved; in
10 4 consultation with the secretary of agriculture and the
10 5 director of the department of natural resources, lead the
10 6 science advisory council; in an effort to achieve strategic
10 7 water plan goals, coordinate watershed programs with local
10 8 governments, the state government, the federal government,
10 9 community colleges, and nongovernmental entities; and direct a
10 10 statewide ongoing comprehensive assessment and planning
10 11 process for eight=digit hydrologic unit code watersheds that
10 12 enables the continued priority identification of water quality
10 13 impairments and their potential sources.
10 14 The bill provides that the watershed counselor shall not be
10 15 considered an agency under Code section 17A.2 and shall not
10 16 have any independent authority to regulate. The bill provides
10 17 that the department of natural resources shall provide any
10 18 information or data requested by the watershed counselor.
10 19 The bill provides that, for purposes of developing the
10 20 strategic water plan, the watershed counselor shall consult
10 21 with the department of natural resources, the department of
10 22 agriculture and land stewardship, organizations represented on
10 23 the watershed improvement review board established in Code
10 24 section 466A.3, the Iowa division of the United States
10 25 department of agriculture, natural resources conservation
10 26 service, the state soil conservation committee established in
10 27 Code section 161A.4, and any other entities deemed appropriate
10 28 by the watershed counselor; review the water quality programs
10 29 administered by the department of natural resources, the
10 30 department of agriculture and land stewardship, and soil and
10 31 water conservation districts; review recommendations of the
10 32 sustainable natural resource funding study; and review
10 33 recommendations from the watershed quality planning task
10 34 force.
10 35 The bill provides that the initial strategic water plan and
11 1 subsequent strategic water plans shall include certain data
11 2 and recommendations. The bill requires the strategic water
11 3 plan to be approved by the watershed improvement review board.
11 4 The bill establishes a science advisory council with
11 5 membership determined by the watershed counselor in
11 6 consultation with the secretary of agriculture and the
11 7 director of the department of natural resources. The bill
11 8 requires the council to recommend basic scientific standards
11 9 on which state environmental rules shall be based. The bill
11 10 requires the standards to be adopted by the environmental
11 11 protection commission.
11 12 The bill provides that individual identifying data
11 13 collected as part of a statewide ongoing comprehensive
11 14 assessment and planning process for eight=digit hydrologic
11 15 unit code watersheds and information collected or provided
11 16 during the provision of services by the voluntary
11 17 environmental performance bureau are not open records.
11 18 The bill establishes within the division of soil
11 19 conservation of the department of agriculture and land
11 20 stewardship a voluntary environmental performance bureau. The
11 21 bill requires the bureau to assist agricultural producers with
11 22 a review of regulatory and conservation needs and
11 23 opportunities, conduct voluntary farm assessments and manure
11 24 management planning for both permitted and nonpermitted open
11 25 feedlots operations and confinement feeding operation
11 26 structures, provide comprehensive evaluations of associated
11 27 field conservation practices, provide compliance assistance to
11 28 agricultural producers with respect to applicable state and
11 29 federal regulations, communicate regulatory requirements for
11 30 agricultural producers to the general public through
11 31 electronic and other means, and collaborate with the
11 32 department to develop eight=digit hydrologic unit code
11 33 watershed goals. The bill allows the bureau to contract and
11 34 train third=party vendors to provide any of the services
11 35 required of the bureau and that such services conducted by the
12 1 bureau or a third=party vendor shall not take the form of
12 2 enforcement activities.
12 3 The bill provides that if the United States environmental
12 4 protection agency has established nationally recommended water
12 5 quality criteria pursuant to the federal Clean Water Act, a
12 6 state water quality standard shall not be more restrictive
12 7 than the federal recommendation. The bill provides that a
12 8 state water quality standard shall not be modified to be more
12 9 restrictive unless the rule is required by the federal Clean
12 10 Water Act, research and practice trials have demonstrated that
12 11 the standards or requirements of the more restrictive rule can
12 12 be met with the use of economically feasible technology, the
12 13 established or modified rule provides a reasonable time frame
12 14 for accomplishing the goals of the water quality standard,
12 15 and, if the rule establishes or modifies a nutrient standard,
12 16 the rule shall not be adopted unless the standard can be met
12 17 with available voluntary land care programs.
12 18 The bill requires the environmental protection commission
12 19 to adopt rules establishing a program for water quality credit
12 20 trading for nutrients, sediments, and other pollutants.
12 21 The bill requires the department of natural resources to
12 22 conduct watershed assessments, including modeling and water
12 23 monitoring prior to the development of total maximum daily
12 24 loads. The bill provides that, if a total maximum daily load
12 25 has been developed by the effective date of this bill,
12 26 watershed assessments shall be conducted and the total maximum
12 27 daily load shall be modified accordingly.
12 28 The bill provides that a person who owns or operates a
12 29 confinement feeding operation may apply for a variance from
12 30 the rules or standards adopted by the department of natural
12 31 resources by filing an application with the department. The
12 32 bill requires the director of the department to promptly
12 33 investigate the application and approve or disapprove the
12 34 application. The director may grant a variance if certain
12 35 findings are made. The bill allows the applicant to request a
13 1 review hearing before the department if the application is
13 2 denied. The bill allows the director to grant a variance for
13 3 a specific period of time or permanently. The bill requires
13 4 the director to maintain a record of each variance granted
13 5 specifying the reasons for its issuance or extension.
13 6 The bill provides that any voting member of the watershed
13 7 improvement review board who is not a state employee shall be
13 8 paid a per diem.
13 9 The bill requires the department of natural resources and
13 10 the department of agriculture and land stewardship to work
13 11 with the United States environmental protection agency to
13 12 modify the portion of the federal Clean Water Act delegation
13 13 agreement to move the administration of section 319 of the
13 14 federal Clean Water Act to the department of agriculture and
13 15 land stewardship.
13 16 The bill requires the department of agriculture and land
13 17 stewardship to increase assistance under the agricultural
13 18 drainage well water quality assistance program.
13 19 The bill provides that, with appropriated moneys and grants
13 20 received by Iowa state university of science and technology,
13 21 the college of agriculture shall take the lead in conducting
13 22 basic and applied research and education to determine
13 23 practicable science=based solutions for nutrient and sediment
13 24 impairment issues.
13 25 LSB 1804SV 82
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