House File 756 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ENVIRONMENTAL
                                           PROTECTION

                                       (SUCCESSOR TO HSB 194)


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

                                      A BILL FOR

  1 An Act relating to regional watershed, land use, and floodplain
  2    management policies.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1725HV 83
  5 da/rj/8

PAG LIN



  1  1    Section 1.  Section 466A.2, subsection 2, paragraph c, Code
  1  2 2009, is amended by adding the following new subparagraphs:
  1  3    NEW SUBPARAGRAPH.  (8)  Structures and conservation systems
  1  4 for the prevention and mitigation of floods within the
  1  5 watershed of the project.
  1  6    NEW SUBPARAGRAPH.  (9)  Removal of channels of waterways to
  1  7 allow waterways to meander.
  1  8    Sec. 2.  Section 466B.1, Code 2009, is amended to read as
  1  9 follows:
  1 10    466B.1  SHORT TITLE.
  1 11    This chapter shall be known and may be cited as the
  1 12 "Surface Water Protection and Flood Mitigation Act".
  1 13    Sec. 3.  Section 466B.3, subsection 3, Code 2009, is
  1 14 amended by adding the following new paragraph:
  1 15    NEW PARAGRAPH.  d.  Whether the potential for flood damage
  1 16 in each watershed in the state has been reduced.
  1 17    Sec. 4.  Section 466B.3, subsection 4, paragraph l,
  1 18 unnumbered paragraph 1, Code 2009, is amended to read as
  1 19 follows:
  1 20    The governor, who shall be the chairperson, or the
  1 21 governor's designee.  As the chairperson, and in order to
  1 22 further the coordination efforts of the council, the governor
  1 23 may invite representatives from any other public agency,
  1 24 private organization, business, citizen group, or nonprofit
  1 25 entity to give public input at council meetings provided the
  1 26 entity has an interest in the coordinated management of land
  1 27 resources, soil conservation, flood mitigation, or water
  1 28 quality.  The governor shall also invite and solicit advice
  1 29 from the following:
  1 30    Sec. 5.  Section 466B.3, subsection 4, Code 2009, is
  1 31 amended by adding the following new paragraphs:
  1 32    NEW PARAGRAPH.  m.  The dean of the college of engineering
  1 33 at the university of Iowa or the dean's designee.
  1 34    NEW PARAGRAPH.  n.  The director of the rebuild Iowa office
  1 35 or the director's designee.
  2  1    NEW PARAGRAPH.  o.  The director of the Leopold center for
  2  2 sustainable agriculture or the director's designee.
  2  3    NEW PARAGRAPH.  p.  The director of the center for energy
  2  4 and environmental education of the university of northern
  2  5 Iowa, or the director's designee.
  2  6    Sec. 6.  Section 466B.3, subsection 6, paragraph b,
  2  7 subparagraph (9), Code 2009, is amended to read as follows:
  2  8    (9)  Review best available technologies on a regular basis,
  2  9 so that investments of time and program resources can be
  2 10 prioritized and directed to projects that will best and most
  2 11 effectively improve water quality and reduce flood damage
  2 12 within regional and community subwatersheds.
  2 13    Sec. 7.  Section 466B.3, subsection 6, Code 2009, is
  2 14 amended by adding the following new paragraph:
  2 15    NEW PARAGRAPH.  c.  The council shall develop
  2 16 recommendations for policies and funding promoting a watershed
  2 17 management approach to reduce the adverse impact of future
  2 18 flooding on this state's residents, businesses, communities,
  2 19 and soil and water quality.  Policy and funding
  2 20 recommendations shall be submitted to the governor, the
  2 21 general assembly, and the rebuild Iowa office not later than
  2 22 November 15, 2009.  The council shall consider policies and
  2 23 funding options for various strategies to reduce the impact of
  2 24 flooding including but not limited to additional flood plain
  2 25 regulation; wetland protection, restoration, and construction;
  2 26 conservation easements and other land management; perennial
  2 27 ground cover and other agricultural conservation practices;
  2 28 pervious pavement, bioswales, and other urban conservation
  2 29 practices; and permanent or temporary water retention
  2 30 structures.  In developing recommendations, the council shall
  2 31 consult with the rebuild Iowa office, hydrological and land
  2 32 use experts, representatives of cities, counties, and soil and
  2 33 water conservation districts, and other urban and regional
  2 34 planning experts.
  2 35    Sec. 8.  Section 466B.4, subsection 1, Code 2009, is
  3  1 amended by adding the following new paragraph:
  3  2    NEW PARAGRAPH.  e.  The land in watersheds and flood plains
  3  3 should be managed to reduce flooding, reduce flood damage,
  3  4 ameliorate the effects of drought, improve water quality,
  3  5 improve habitat and the natural environment, increase
  3  6 renewable energy production, and enhance economic and
  3  7 recreational opportunities.
  3  8                           EXPLANATION
  3  9    GENERAL.  This bill provides for the management of
  3 10 watersheds by two bodies:  the watershed improvement review
  3 11 board (board) under Code chapter 466A, and the water resources
  3 12 coordinating council (council) under Code chapter 466B.
  3 13    BOARD == WATERSHED IMPROVEMENT GRANTS.  Currently the board
  3 14 is authorized to finance local watershed improvement projects
  3 15 in order to enhance the management and use of water for a
  3 16 variety of purposes relating to drinking, agriculture,
  3 17 recreation, sport, and economic development.  The bill
  3 18 authorizes the board to finance the installation of structures
  3 19 for the prevention and mitigation of floods and the removal of
  3 20 channels to allow waterways to meander.
  3 21    COUNCIL == WATER RESOURCE PROGRAMS.  Currently, the council
  3 22 is composed of a number of state officials whose agencies are
  3 23 interested in agriculture, natural resources, economic
  3 24 development, financing, transportation, public health, or
  3 25 education.  The bill adds as members the dean of the college
  3 26 of engineering at the university of Iowa, the director of the
  3 27 rebuild Iowa office, the director of the Leopold center for
  3 28 sustainable agriculture, and the director for the center for
  3 29 energy and environmental education of the university of
  3 30 northern Iowa, or their designees.
  3 31    The purpose of the council is to preserve and protect
  3 32 Iowa's water resources, and to coordinate the management of
  3 33 those resources in a sustainable and fiscally responsible
  3 34 manner.  The bill requires the council to develop
  3 35 recommendations for policies and funding to reduce the adverse
  4  1 impact of future flooding.
  4  2 LSB 1725HV 83
  4  3 da/rj/8