House Study Bill 271 HOUSE FILE BY (PROPOSED COMMITTEE ON REBUILD IOWA AND DISASTER RECOVERY BILL BY CHAIRPERSON SCHUELLER) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to natural disaster recovery, including by 2 supporting projects and programs relating to persons and 3 property affected by natural disaster or to prevent or 4 mitigate the effects of a future natural disaster, and 5 providing appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2684YC 83 8 da/rj/14 PAG LIN 1 1 DIVISION I 1 2 REBUILD IOWA FUND AND APPROPRIATIONS 1 3 Section 1. NEW SECTION. 8.57D REBUILD IOWA FUND. 1 4 1. A rebuild Iowa fund is created under the authority of 1 5 the department of public defense for use by the homeland 1 6 security and emergency management division. The fund shall 1 7 consist of appropriations made to the fund and transfers of 1 8 interest, earnings, and moneys from other funds as provided by 1 9 law. The fund shall be separate from the general fund of the 1 10 state and the balance in the fund shall not be considered part 1 11 of the balance of the general fund of the state. However, the 1 12 fund shall be considered a special account for the purposes of 1 13 section 8.53, relating to generally accepted accounting 1 14 principles. 1 15 2. Notwithstanding section 12C.7, subsection 2, interest 1 16 or earnings on moneys in the rebuild Iowa fund shall be 1 17 credited to the fund. 1 18 3. Moneys in the fund in a fiscal year shall be used as 1 19 appropriated by the general assembly for purposes of 1 20 supporting projects relating to persons and property affected 1 21 by natural disaster or to prevent or mitigate the effects of a 1 22 future natural disaster. 1 23 4. Notwithstanding section 8.33, moneys credited to the 1 24 fund that remain unencumbered or unobligated at the close of a 1 25 fiscal year shall not revert but shall remain available for 1 26 the purposes designated in this section until the close of the 1 27 fiscal year beginning July 1, 2012. 1 28 5. Any unencumbered or unobligated moneys remaining at the 1 29 close of the fiscal year beginning July 1, 2012, shall be 1 30 credited to the cash reserve fund as created in section 8.56. 1 31 However, if the maximum balance of the cash reserve fund has 1 32 been reached, any remaining unencumbered or unobligated moneys 1 33 from the rebuild Iowa fund shall be credited to Iowa economic 1 34 emergency fund created in section 8.55. 1 35 6. This section is repealed January 1, 2014. 2 1 Sec. 2. IOWA ECONOMIC EMERGENCY FUND. 2 2 1. There is appropriated from the Iowa economic emergency 2 3 fund created in section 8.55 to the rebuild Iowa fund created 2 4 in section 8.57D for the fiscal year beginning July 1, 2009, 2 5 and ending June 30, 2010, notwithstanding the fiscal year 2 6 restriction contained in section 8.55, subsection 3, paragraph 2 7 "a", the following amount, or so much thereof as is necessary: 2 8 .................................................. $ 60,000,000 2 9 2. The appropriation made in this section is declared to 2 10 be made for emergency expenditures as required in section 2 11 8.55, subsection 3, paragraph "a". 2 12 Sec. 3. CASH RESERVE FUND. 2 13 1. Notwithstanding the fiscal year restriction contained 2 14 in section 8.56, subsection 3, and subject matter restriction 2 15 contained in section 8.56, subsection 4, paragraph "a", there 2 16 is appropriated from the cash reserve fund to the rebuild Iowa 2 17 fund created in section 8.57D for the fiscal year beginning 2 18 July 1, 2009, and ending June 30, 2010, the following amount, 2 19 or so much thereof as is necessary: 2 20 .................................................. $ 40,000,000 2 21 2. The appropriation made in this section is declared to 2 22 be made for nonrecurring emergency expenditures as required in 2 23 section 8.56, subsections 3 and 4. 2 24 3. Notwithstanding section 8.57, subsection 1, paragraph 2 25 "a", subparagraph (1), an appropriation shall not be made for 2 26 the fiscal year beginning July 1, 2010, from the general fund 2 27 of the state to the cash reserve fund because of the 2 28 appropriation made in subsection 1 of this section. 2 29 DIVISION II 2 30 EXPENDITURES FOR PUBLIC AND PRIVATE INFRASTRUCTURE 2 31 Sec. 4. FLOOD AVERSION PROJECTS. There is appropriated 2 32 from the rebuild Iowa fund created in section 8.57D to the 2 33 department of public defense for the homeland security and 2 34 emergency management division for the fiscal year beginning 2 35 July 1, 2009, and ending June 30, 2010, the following amount, 3 1 or so much thereof as is necessary, to be used for the 3 2 purposes designated: 3 3 For providing grants to cities and counties for flood 3 4 aversion projects: 3 5 .................................................. $ 20,000,000 3 6 1. a. The division shall award moneys appropriated 3 7 pursuant to this section to pay for costs related to the 3 8 construction, reconstruction, repair, or improvement of public 3 9 or private infrastructure affected by natural disaster or to 3 10 prevent or mitigate the effects of a future natural disaster, 3 11 located in those counties subject to the presidential disaster 3 12 declaration DR=1763=IA occurring after May 24, 2008, and 3 13 before August 14, 2008. 3 14 b. The infrastructure projects supported by the grants 3 15 provided in this section shall include but are not limited to 3 16 shovel=ready dirt movement, berms, levees, floodgates, and 3 17 flood walls. The grants may be used to pay for engineering 3 18 services or certification costs associated with a project. 3 19 2. The division shall award a grant provided in this 3 20 section to a city or county on a cost=share basis with the 3 21 division contributing seventy percent of the project's cost. 3 22 A city or county shall not use moneys appropriated by the 3 23 state in order to satisfy its thirty percent cost=share 3 24 contribution. 3 25 3. A city or county shall apply to the division to be 3 26 awarded a grant in a manner and according to procedures 3 27 required by the division. When approving the application, the 3 28 division may approve all or part of the requested grant. 3 29 4. A city or county shall not be awarded a grant under 3 30 this section, if the county or city has received a grant for 3 31 the same project under a different section of this Act, unless 3 32 moneys are available under this section to provide grants for 3 33 all qualified projects. 3 34 5. The general assembly intends that moneys appropriated 3 35 to the division under this section support as many qualified 4 1 projects as possible. 4 2 6. The division may cooperate with interested federal, 4 3 state, and local agencies or private organizations in 4 4 administering a project, including but not limited to the 4 5 department of natural resources and the department of 4 6 agriculture and land stewardship. 4 7 7. Notwithstanding section 8.33, moneys appropriated in 4 8 this section to the department of public defense for the 4 9 homeland security and emergency management division that 4 10 remain unencumbered or unobligated at the close of the fiscal 4 11 year shall not revert but shall remain available for 4 12 expenditure for the purposes designated until the close of the 4 13 fiscal year beginning July 1, 2011. 4 14 Sec. 5. STORM WATER DRAINAGE SYSTEM PROJECTS. There is 4 15 appropriated from the rebuild Iowa fund created in section 4 16 8.57D to the department of public defense for the homeland 4 17 security and emergency management division for the fiscal year 4 18 beginning July 1, 2009, and ending June 30, 2010, the 4 19 following amount, or so much thereof as is necessary, to be 4 20 used for the purposes designated: 4 21 For providing grants to cities and counties for storm water 4 22 drainage system projects: 4 23 .................................................. $ 14,000,000 4 24 1. a. The division shall use the moneys appropriated 4 25 pursuant to this section to support the installation of 4 26 equipment or the construction of facilities associated with a 4 27 storm water drainage system, affected by natural disaster or 4 28 to prevent or mitigate the effects of a future natural 4 29 disaster, in those counties subject to the presidential 4 30 disaster declaration DR=1763=IA occurring after May 24, 2008, 4 31 and before August 14, 2008. 4 32 b. The infrastructure projects supported by the grants 4 33 provided in this section shall include but are not limited to 4 34 pumping stations or lift stations, collection or retention 4 35 facilities, and other property used in the collection, 5 1 conveyance, treatment, and disposal of storm water. The 5 2 grants may be used to support the payment of engineering 5 3 services or certification costs associated with a project. 5 4 2. The division shall award a grant provided in this 5 5 section to a city on a cost=share basis with the division 5 6 contributing seventy percent of the project's cost. A city or 5 7 county shall not use moneys appropriated by the state in order 5 8 to satisfy its thirty percent cost=share contribution. 5 9 3. A city or county shall apply to the division to be 5 10 awarded a grant in a manner and according to procedures 5 11 required by the division. When approving the application, the 5 12 division may approve all or part of the requested grant. 5 13 4. A city or county shall not be awarded a grant under 5 14 this section, if the county or city has received a grant for 5 15 the same project under a different section of this Act, unless 5 16 moneys are available under this section to provide grants for 5 17 all qualified projects. 5 18 5. The general assembly intends that moneys appropriated 5 19 to the division under this section support as many qualified 5 20 projects as possible. 5 21 6. The division may cooperate with interested federal, 5 22 state, and local agencies or private organizations in 5 23 administering a project, including but not limited to the 5 24 department of natural resources. 5 25 7. Notwithstanding section 8.33, moneys appropriated in 5 26 this section to the department of public defense for the 5 27 homeland security and emergency management division that 5 28 remain unencumbered or unobligated at the close of the fiscal 5 29 year shall not revert but shall remain available for 5 30 expenditure for the purposes designated until the close of the 5 31 fiscal year beginning July 1, 2011. 5 32 Sec. 6. CULTURAL AND HISTORICAL PROJECTS. There is 5 33 appropriated from the rebuild Iowa fund created in section 5 34 8.57D to the department of public defense for the homeland 5 35 security and emergency management division for the fiscal year 6 1 beginning July 1, 2009, and ending June 30, 2010, the 6 2 following amount, or so much thereof as is necessary, to be 6 3 used for the purposes designated: 6 4 For providing grants to counties and cities for cultural 6 5 and historical projects: 6 6 .................................................. $ 15,000,000 6 7 1. a. The division shall award moneys appropriated 6 8 pursuant to this section to pay for costs related to the 6 9 construction, reconstruction, repair, or improvement of 6 10 structures or facilities or to repair, restore, or replace 6 11 property of cultural or historical significance, affected by 6 12 natural disaster or to prevent or mitigate the effects of a 6 13 future natural disaster, in those counties subject to the 6 14 presidential disaster declaration DR=1763=IA occurring after 6 15 May 24, 2008, and before August 14, 2008. 6 16 b. The infrastructure projects supported by the grants 6 17 provided in this section includes real property and personal 6 18 property that is part of a public place including but not 6 19 limited to a public place dedicated in whole or in part as an 6 20 aquarium; archive; art gallery; cemetery, civic center, or 6 21 concert hall; historic building, structure, or site; or 6 22 library, monument, museum, theatre, or zoo. 6 23 2. The division shall award a grant provided in this 6 24 section to a county or city on a cost=share basis with the 6 25 division contributing seventy percent of the project's cost. 6 26 A city or county shall not use moneys appropriated by the 6 27 state in order to satisfy its thirty percent cost=share 6 28 contribution. 6 29 3. A city or county shall apply to the division to be 6 30 awarded a grant in a manner and according to procedures 6 31 required by the division. When approving the application, the 6 32 division may approve all or part of the requested grant. 6 33 4. A city or county shall not be awarded a grant under 6 34 this section, if the county or city has received a grant for 6 35 the same project under a different section of this Act, unless 7 1 moneys are available under this section to provide grants for 7 2 all qualified projects. 7 3 5. The general assembly intends that moneys appropriated 7 4 to the division under this section support as many qualified 7 5 projects as possible. 7 6 6. The division may cooperate with interested federal, 7 7 state, and local agencies or private organizations in 7 8 administering a project, including but not limited to the 7 9 department of cultural affairs. 7 10 7. Notwithstanding section 8.33, moneys appropriated in 7 11 this section to the department of public defense for the 7 12 homeland security and emergency management division that 7 13 remain unencumbered or unobligated at the close of the fiscal 7 14 year shall not revert but shall remain available for 7 15 expenditure for the purposes designated until the close of the 7 16 fiscal year beginning July 1, 2011. 7 17 Sec. 7. SINGLE=FAMILY RESIDENTIAL PROPERTY ACQUISITION 7 18 PROJECTS. There is appropriated from the rebuild Iowa fund 7 19 created in section 8.57D to the department of public defense 7 20 for the homeland security and emergency management division 7 21 for the fiscal year beginning July 1, 2009, and ending June 7 22 30, 2010, the following amount, or so much thereof as is 7 23 necessary, to be used for the purposes designated: 7 24 For providing grants to counties and cities for 7 25 single=family residential property acquisition: 7 26 .................................................. $ 12,500,000 7 27 1. a. The division shall award moneys appropriated 7 28 pursuant to this section to pay for costs of acquiring 7 29 single=family residential property that has been affected by 7 30 natural disaster, in those counties subject to the 7 31 presidential disaster declaration DR=1763=IA occurring after 7 32 May 24, 2008, and before August 14, 2008. 7 33 b. The division may award a part of the grant for the 7 34 demolition and removal of structures or debris, and for the 7 35 preparation of the acquired property for a new use. 8 1 c. The division shall not award a grant to a county or 8 2 city for purposes of acquiring property, if the county or city 8 3 has received moneys from the federal government for the 8 4 acquisition of the same property. 8 5 2. The division shall award a grant provided in this 8 6 section to a county or city on a cost=share basis with the 8 7 division contributing seventy percent of the project's cost. 8 8 A city or county shall not use moneys appropriated by the 8 9 state in order to satisfy its thirty percent cost=share 8 10 contribution. 8 11 3. A city or county shall apply to the division to be 8 12 awarded a grant in a manner and according to procedures 8 13 required by the division. When approving the application, the 8 14 division may approve all or part of the requested grant. 8 15 4. A city or county shall not be awarded a grant under 8 16 this section, if the county or city has received a grant for 8 17 the same project under a different section of this Act, unless 8 18 moneys are available under this section to provide grants for 8 19 all qualified projects. 8 20 5. The general assembly intends that moneys appropriated 8 21 to the division under this section support as many qualified 8 22 projects as possible. 8 23 6. The division may cooperate with interested federal, 8 24 state, and local agencies or private organizations in 8 25 administering a project, including but not limited to the Iowa 8 26 finance authority, the department of natural resources, and 8 27 county conservation boards. 8 28 7. Notwithstanding section 8.33, moneys appropriated in 8 29 this section to the department of public defense for the 8 30 homeland security and emergency management division that 8 31 remain unencumbered or unobligated at the close of the fiscal 8 32 year shall not revert but shall remain available for 8 33 expenditure for the purposes designated until the close of the 8 34 fiscal year beginning July 1, 2011. 8 35 Sec. 8. PARKS, GREEN SPACES, AND RECREATIONAL AREAS 9 1 PROJECTS. There is appropriated from the rebuild Iowa fund 9 2 created in section 8.57D to the department of public defense 9 3 for the homeland security and emergency management division 9 4 for the fiscal year beginning July 1, 2009, and ending June 9 5 30, 2010, the following amount, or so much thereof as is 9 6 necessary, to be used for the purposes designated: 9 7 For providing grants to counties and cities for parks, 9 8 green spaces, and recreational areas projects: 9 9 .................................................. $ 5,000,000 9 10 1. The division shall award moneys appropriated pursuant 9 11 to this section to pay for costs related to the construction, 9 12 reconstruction, repair, or improvement of structures, 9 13 equipment, or facilities, or to repair or restore or replace 9 14 proper to associated with parks, green spaces, and 9 15 recreational areas that have been affected by natural disaster 9 16 or to prevent or mitigate the effects of a future natural 9 17 disaster, in those counties subject to the presidential 9 18 disaster declaration DR=1763=IA occurring after May 24, 2008, 9 19 and before August 14, 2008. 9 20 2. The division shall award a grant provided in this 9 21 section to a county or city on a cost=share basis with the 9 22 division contributing seventy percent of the project's cost. 9 23 A city or county shall not use moneys appropriated by the 9 24 state in order to satisfy its thirty percent cost=share 9 25 contribution. 9 26 3. A city or county shall apply to the division to be 9 27 awarded a grant in a manner and according to procedures 9 28 required by the division. When approving the application, the 9 29 division may approve all or part of the requested grant. 9 30 4. A city or county shall not be awarded a grant under 9 31 this section, if the county or city has received a grant for 9 32 the same project under a different section of this Act, unless 9 33 moneys are available under this section to provide grants for 9 34 all qualified projects. 9 35 5. The general assembly intends that moneys appropriated 10 1 to the division under this section support as many qualified 10 2 projects as possible. 10 3 6. The division may cooperate with interested federal, 10 4 state, and local agencies or private organizations in 10 5 administering a project, including but not limited to the 10 6 department of natural resources and county conservation 10 7 boards. 10 8 7. Notwithstanding section 8.33, moneys appropriated in 10 9 this section to the department of public defense for the 10 10 homeland security and emergency management division that 10 11 remain unencumbered or unobligated at the close of the fiscal 10 12 year shall not revert but shall remain available for 10 13 expenditure for the purposes designated until the close of the 10 14 fiscal year beginning July 1, 2011. 10 15 Sec. 9. DAY CARE RELOCATION PROJECTS. There is 10 16 appropriated from the rebuild Iowa fund created in section 10 17 8.57D to the department of public defense for the homeland 10 18 security and emergency management division for the fiscal year 10 19 beginning July 1, 2009, and ending June 30, 2010, the 10 20 following amount, or so much thereof as is necessary, to be 10 21 used for the purposes designated: 10 22 For providing grants to counties and cities for day care 10 23 relocation projects: 10 24 .................................................. $ 5,000,000 10 25 1. The division shall award moneys appropriated pursuant 10 26 to this section to pay for costs associated with relocating 10 27 child care facilities or child care homes as provided in 10 28 chapter 237A due to a natural disaster in those counties 10 29 subject to the presidential disaster declaration DR=1763=IA 10 30 occurring after May 24, 2008, and before August 14, 2008. 10 31 2. The division shall award a grant provided in this 10 32 section to a county or city on a cost=share basis with the 10 33 division contributing seventy percent of the project's cost. 10 34 A city or county shall not use moneys appropriated by the 10 35 state in order to satisfy its thirty percent cost=share 11 1 contribution. 11 2 3. A city or county shall apply to the division to be 11 3 awarded a grant in a manner and according to procedures 11 4 required by the division. When approving the application, the 11 5 division may approve all or part of the requested grant. 11 6 4. A city or county shall not be awarded a grant under 11 7 this section, if the county or city has received a grant for 11 8 the same project under a different section of this Act, unless 11 9 moneys are available under this section to provide grants for 11 10 all qualified projects. 11 11 5. The general assembly intends that moneys appropriated 11 12 to the division under this section support as many qualified 11 13 projects as possible. 11 14 6. The division may cooperate with interested federal, 11 15 state, and local agencies or private organizations in 11 16 administering a project, including but not limited to the 11 17 department of human services and the department of inspections 11 18 and appeals. 11 19 7. Notwithstanding section 8.33, moneys appropriated in 11 20 this section to the department of public defense for the 11 21 homeland security and emergency management division that 11 22 remain unencumbered or unobligated at the close of the fiscal 11 23 year shall not revert but shall remain available for 11 24 expenditure for the purposes designated until the close of the 11 25 fiscal year beginning July 1, 2011. 11 26 Sec. 10. NONPROFIT ENTITIES RESTORATION PROJECTS. There 11 27 is appropriated from the rebuild Iowa fund created in section 11 28 8.57D to the department of public defense for the homeland 11 29 security and emergency management division for the fiscal year 11 30 beginning July 1, 2009, and ending June 30, 2010, the 11 31 following amount, or so much thereof as is necessary, to be 11 32 used for the purposes designated: 11 33 For providing grants to counties and cities for nonprofit 11 34 entities' restoration projects: 11 35 .................................................. $ 5,000,000 12 1 1. The division shall award moneys appropriated pursuant 12 2 to this section to pay for costs related to the construction, 12 3 reconstruction, repair, or improvement of real property owned 12 4 or leased by a nonprofit entity that is affected by natural 12 5 disaster or to prevent or mitigate the effects of a future 12 6 natural disaster, in those counties subject to the 12 7 presidential disaster declaration DR=1763=IA occurring after 12 8 May 24, 2008, and before August 14, 2008. 12 9 2. In order to be awarded moneys under this section, the 12 10 nonprofit entity must be exempt from federal income taxation 12 11 pursuant to section 501(c)(3) of the Internal Revenue Code and 12 12 organized to achieve a benevolent, educational, philanthropic, 12 13 humane, scientific, patriotic, social welfare or advocacy, 12 14 public health, environmental, conservation, civic, or other 12 15 charitable objective. 12 16 3. The division shall award a grant provided in this 12 17 section to a city or county on a cost=share basis with the 12 18 division contributing seventy percent of the project's cost. 12 19 A city or county shall not use moneys appropriated by the 12 20 state in order to satisfy its thirty percent cost=share 12 21 contribution. 12 22 4. A city or county shall apply to the division to be 12 23 awarded a grant in a manner and according to procedures 12 24 required by the division. When approving the application, the 12 25 division may approve all or part of the requested grant. 12 26 5. A city or county shall not be awarded a grant under 12 27 this section, if the county or city has received a grant for 12 28 the same project under a different section of this Act, unless 12 29 moneys are available under this section to provide grants for 12 30 all qualified projects. 12 31 6. The general assembly intends that moneys appropriated 12 32 to the division under this section support as many qualified 12 33 projects as possible. 12 34 7. The division may cooperate with interested federal, 12 35 state, and local agencies or private organizations in 13 1 administering a project. 13 2 8. Notwithstanding section 8.33, moneys appropriated in 13 3 this section to the department of public defense for the 13 4 homeland security and emergency management division that 13 5 remain unencumbered or unobligated at the close of the fiscal 13 6 year shall not revert but shall remain available for 13 7 expenditure for the purposes designated until the close of the 13 8 fiscal year beginning July 1, 2011. 13 9 Sec. 11. HUMAN RESOURCES TELEPHONE HELPLINE PROJECT. 13 10 There is appropriated from the rebuild Iowa fund created in 13 11 section 8.57D to the department of public defense for the 13 12 homeland security and emergency management division for the 13 13 fiscal year beginning July 1, 2009, and ending June 30, 2010, 13 14 the following amount, or so much thereof as is necessary, to 13 15 be used for the purposes designated: 13 16 For providing a grant to a human resources assistance 13 17 directory project: 13 18 .................................................. $ 250,000 13 19 The division shall award moneys appropriated pursuant to 13 20 this section to support the statewide improvement of a free 13 21 and confidential telephone hotline available twenty=four hours 13 22 a day, seven days a week, that provides information or refers 13 23 callers to appropriate private or government entities that 13 24 provide assistance relating to families, housing, food, 13 25 health, legal advice, child and senior services, or volunteer 13 26 opportunities. 13 27 DIVISION III 13 28 EXPENDITURES FOR LONG=TERM SOIL 13 29 AND WATER MANAGEMENT PRACTICES 13 30 Sec. 12. STUDY OF THE IMPACTS OF AGRICULTURAL LAND 13 31 MANAGEMENT ON IOWA HYDROLOGY. There is appropriated from the 13 32 rebuild Iowa fund created in section 8.57D to the department 13 33 of agriculture and land stewardship for the fiscal period 13 34 beginning July 1, 2009, and ending June 30, 2010, the 13 35 following amount, or so much thereof as is necessary, to be 14 1 used for the purposes designated: 14 2 For purposes of establishing a research project to study 14 3 the impact of agricultural land management on Iowa's 14 4 hydrology, including salaries, support, maintenance, and 14 5 miscellaneous purposes: 14 6 .................................................. $ 795,500 14 7 1. The department may use a combination of new and 14 8 existing sites to evaluate all of the following: 14 9 a. The use of hydrologic modeling tools to evaluate how 14 10 watersheds could be designed or redesigned to reduce the 14 11 downstream hydrologic footprint and water quality impacts of 14 12 Iowa agriculture under a range of precipitation patterns, 14 13 including but not limited to extreme precipitation events, and 14 14 under a range of extreme precipitation event frequencies. 14 15 b. The impact of long=term soil and water practices on 14 16 surface water runoff using plot=scale measurements by 14 17 addressing how tillage practices impact surface water runoff 14 18 under a range of natural precipitation patterns and whether 14 19 reduced tillage practices reduce volumes and rates of surface 14 20 water runoff. 14 21 c. The impact of buffers and complete conversion of crop 14 22 land to perennial vegetation on surface water runoff using 14 23 hill=slope scale measurements. 14 24 d. The drainage impacts on surface water runoff on 14 25 field=scale areas, including the impact of subsurface drainage 14 26 on surface runoff using small field=scale areas under drained 14 27 versus undrained conditions. 14 28 e. The impact of various drainage system designs on the 14 29 contribution of surface water runoff and subsurface water 14 30 drainage to total water flow from the drainage district. 14 31 2. The department shall submit a report to the governor 14 32 and the general assembly which includes a summary of its 14 33 methodology, the findings of the study, and any 14 34 recommendations, by January 15, 2011. 14 35 Sec. 13. FINANCIAL INCENTIVES TO IMPROVE WATERSHED 15 1 STRUCTURES. There is appropriated from the rebuild Iowa fund 15 2 created in section 8.57D to the department of agriculture and 15 3 land stewardship for the fiscal year beginning July 1, 2009, 15 4 and ending June 30, 2010, the following amount, or so much 15 5 thereof as is necessary, to be used for the purposes 15 6 designated: 15 7 For providing financial incentives to landowners to 15 8 increase the design capacity of conservation structures, such 15 9 as terraces, water control basins, and grade structures, and 15 10 including salaries, support, maintenance, and miscellaneous 15 11 purposes: 15 12 .................................................. $ 1,500,000 15 13 1. The moneys appropriated by this section shall be 15 14 allocated to soil and water conservation districts as 15 15 determined by the department. A district's award of financial 15 16 incentives to a landowner shall be made on a cost=share basis 15 17 in the same manner as an award of financial incentives to 15 18 support the voluntary establishment of soil and water 15 19 conservation practices as provided in section 161A.73. A 15 20 district shall award financial incentives to support 15 21 communities which are presented with the most immediate threat 15 22 from an excessive precipitation event. 15 23 2. Notwithstanding section 8.33, moneys appropriated in 15 24 this section to the department of agriculture and land 15 25 stewardship that remain unencumbered or unobligated at the 15 26 close of the fiscal year shall not revert but shall remain 15 27 available for expenditure for the purposes designated until 15 28 the close of the fiscal year beginning July 1, 2012. 15 29 Sec. 14. EMERGENCY RESTORATION OF SOIL AND WATER 15 30 CONSERVATION PRACTICES NOT COVERED BY FEDERAL OPERATION AND 15 31 MAINTENANCE AGREEMENTS. There is appropriated from the 15 32 rebuild Iowa fund created in section 8.57D to the department 15 33 of agriculture and land stewardship for the fiscal year 15 34 beginning July 1, 2009, and ending June 30, 2010, the 15 35 following amount, or so much thereof as is necessary, to be 16 1 used for the purposes designated: 16 2 1. For the restoration of permanent soil and water 16 3 conservation practices in order to prevent future erosion, in 16 4 excess of the applicable soil loss limits, caused by the 16 5 disaster emergency associated with the 2008 precipitation 16 6 event: 16 7 .................................................. $ 6,000,000 16 8 2. The moneys appropriated in this section shall be used 16 9 to provide one=time financing on a cost=share basis as 16 10 provided in chapter 161A, division V, part 2, to assist 16 11 landowners to reconstruct or repair soil and water 16 12 conservation practices which were constructed or maintained 16 13 under an operation and maintenance agreement executed with the 16 14 United States department of agriculture pursuant to 7 C.F.R. 16 15 pt. 654, if the landowners are not eligible to finance the 16 16 restoration under that agreement. 16 17 3. Notwithstanding section 8.33, moneys appropriated in 16 18 this section to the department of agriculture and land 16 19 stewardship that remain unencumbered or unobligated at the 16 20 close of the fiscal year shall not revert but shall remain 16 21 available for expenditure for the purposes designated until 16 22 the close of the fiscal year beginning July 1, 2012. 16 23 DIVISION IV 16 24 EXPENDITURES FOR MULTI=FAMILY HOUSING PROJECTS 16 25 Sec. 15. MULTI=FAMILY HOUSING PROJECTS. There is 16 26 appropriated from the rebuild Iowa fund created in section 16 27 8.57D to the Iowa finance authority for the fiscal year 16 28 beginning July 1, 2009, and ending June 30, 2010, the 16 29 following amount, or so much thereof as is necessary, to be 16 30 used for the purposes designated: 16 31 For providing grants to cities or counties for multi=family 16 32 residential housing: 16 33 .................................................. $ 9,500,000 16 34 1. The authority shall use the moneys appropriated 16 35 pursuant to this section to support the construction, 17 1 reconstruction, or rehabilitation of buildings and associated 17 2 structures or landscaping associated with multi=family 17 3 residences not occupied by its titleholder, if there is a 17 4 shortage of such available housing in a county subject to the 17 5 presidential disaster declaration DR=1763=IA occurring after 17 6 May 24, 2008, and before August 14, 2008. 17 7 2. The authority shall award a grant provided in this 17 8 section to a city or county on a cost=share basis with the 17 9 division contributing seventy percent of the project's cost. 17 10 A city or county shall not use moneys appropriated by the 17 11 state in order to satisfy its thirty percent cost=share 17 12 contribution. 17 13 3. A city or county shall apply to the authority to be 17 14 awarded a grant in a manner and according to procedures 17 15 required by the authority. When approving the application, 17 16 the authority may approve all or part of the requested award. 17 17 4. A city or county shall not be awarded a grant under 17 18 this section, if the county or city has received a grant for 17 19 the same project under a different section of this Act, unless 17 20 moneys are available under this section to support awards for 17 21 all qualified projects. 17 22 5. The general assembly intends that moneys appropriated 17 23 to the division under this section support as many qualified 17 24 projects as possible. 17 25 6. The authority may cooperate with interested federal, 17 26 state, and local agencies or private organizations in 17 27 administering a project. 17 28 7. Notwithstanding section 8.33, moneys appropriated in 17 29 this section to the authority that remain unencumbered or 17 30 unobligated at the close of the fiscal year shall not revert 17 31 but shall remain available for expenditure for the purposes 17 32 designated until the close of the fiscal year beginning July 17 33 1, 2011. 17 34 DIVISION V 17 35 IOWA FLOOD CENTER 18 1 Sec. 16. Section 466B.3, subsection 6, paragraph b, 18 2 subparagraph (7), Code 2009, is amended by striking the 18 3 subparagraph. 18 4 Sec. 17. Section 466B.9, Code 2009, is amended to read as 18 5 follows: 18 6 466B.9 RULEMAKING AUTHORITY. 18 7 The department and the department of agriculture and land 18 8 stewardship shall have the power and authority reasonably 18 9 necessary to carry out the duties imposed by this chapter.As 18 10 to the department, this includes rulemaking authority to carry 18 11 out the regional watershed assessment program described in 18 12 section 466B.5. As to the department of agriculture and land 18 13 stewardship, this includes rulemaking authority to assist in 18 14 the implementation of community=based subwatershed improvement 18 15 plans.18 16 Sec. 18. NEW SECTION. 466C.1 DEFINITIONS. 18 17 For purposes of this chapter, unless the context otherwise 18 18 requires: 18 19 1. "Center" means the Iowa flood center established 18 20 pursuant to section 466C.2. 18 21 2. "Council" means the water resources coordinating 18 22 council established in section 466B.3. 18 23 3. "Regional watershed" means the watershed of hydrologic 18 24 unit code scale 8. 18 25 4. "Subwatershed" means a watershed of hydrologic unit 18 26 code scale 12 or smaller. 18 27 5. "Watershed" means a geographic area in which surface 18 28 water is drained by rivers, streams, or other bodies of water. 18 29 Sec. 19. NEW SECTION. 466C.2 IOWA FLOOD CENTER. 18 30 1. The state board of regents shall establish and maintain 18 31 in Iowa City as a part of the state university of Iowa an Iowa 18 32 flood center. In conducting the activities of this chapter, 18 33 the center shall work cooperatively with the department of 18 34 natural resources, the department of agriculture and land 18 35 stewardship, the water resources coordinating council, and 19 1 other state and federal agencies. 19 2 2. The Iowa flood center shall have all of the following 19 3 purposes: 19 4 a. To develop hydrologic models for physically=based flood 19 5 frequency estimation and real=time forecasting of floods, 19 6 including hydraulic models of floodplain inundation mapping. 19 7 b. To establish community=based programs to improve flood 19 8 monitoring and prediction along Iowa's major waterways and to 19 9 support ongoing flood research. 19 10 c. To share resources and expertise of the Iowa flood 19 11 center. 19 12 d. To assist in the development of a workforce in the 19 13 state knowledgeable regarding flood research, prediction, and 19 14 mitigation strategies. 19 15 e. To conduct the activities required by this chapter in 19 16 cooperation with various state and federal agencies. 19 17 Sec. 20. NEW SECTION. 466C.3 REGIONAL WATERSHED 19 18 ASSESSMENT, PLANNING, AND PRIORITIZATION. 19 19 1. The center shall create a regional watershed assessment 19 20 program. The program shall assess all the regional watersheds 19 21 in the state. 19 22 a. Under the program, a statewide assessment shall be 19 23 conducted at the rate of approximately one=third of the 19 24 watersheds in the state per year, and an initial statewide 19 25 assessment shall be completed within three years. Thereafter, 19 26 the center shall review and update the assessments on a 19 27 regular basis. 19 28 b. Each regional watershed assessment shall provide a 19 29 summary of the overall condition of the watershed. The 19 30 information provided in the summary may include land use 19 31 patterns, soil types, slopes, management practices, stream 19 32 conditions, and both point and nonpoint source impairments. 19 33 c. In conducting regional watershed assessments, the 19 34 center may identify and facilitate local data collection to 19 35 support the assessment process. 20 1 2. In conducting the regional watershed assessment 20 2 program, the center shall provide hydrologic and geologic 20 3 information sufficient for the council to prioritize 20 4 watersheds statewide and for the various communities in those 20 5 watersheds to plan remedial efforts in their local communities 20 6 and subwatersheds. 20 7 3. Upon completion of the initial statewide assessment, 20 8 and upon subsequent assessment updates, the center shall 20 9 report the results of the assessment, and any updates, to the 20 10 council and the general assembly, and shall make the report 20 11 available to the public. 20 12 Sec. 21. NEW SECTION. 466C.4 COMMUNITY=BASED 20 13 SUBWATERSHED IMPROVEMENT PLANS. 20 14 1. After the center's completion of the initial regional 20 15 watershed assessment, and after the council's prioritization 20 16 of the regional watersheds, the council shall initiate the 20 17 organization of an interagency integrated water resources 20 18 committee to facilitate the development and implementation of 20 19 local, community=based subwatershed improvement plans. 20 20 2. In facilitating the development of community=based 20 21 subwatershed improvement plans, the interagency integrated 20 22 water resources committee shall, based on the results of the 20 23 regional watershed assessment program, identify critical 20 24 subwatersheds within priority regional watersheds and recruit 20 25 communities, citizen groups, local governmental entities, or 20 26 other stakeholders to engage in the assessment, planning, 20 27 prioritization, and implementation of a local community=based 20 28 subwatershed improvement plan. The interagency integrated 20 29 water resources committee may assist in the formation of a 20 30 group of initial local community=based subwatershed 20 31 improvement plans that can be implemented as pilot projects, 20 32 in order to develop an effective process that can be 20 33 replicated across the state. 20 34 Sec. 22. NEW SECTION. 466C.5 COMMUNITY=BASED 20 35 SUBWATERSHED MONITORING. 21 1 1. After completion of the statewide regional watershed 21 2 assessment and prioritization, and throughout the 21 3 implementation of local community=based subwatershed 21 4 improvement plans, the center shall assist communities with 21 5 the monitoring and measurement of local subwatersheds. The 21 6 monitoring and measurement shall be designed for the 21 7 particular needs of individual communities while considering 21 8 statewide watershed issues. 21 9 2. Local communities in which the center conducts 21 10 subwatershed monitoring shall use the information to support 21 11 subwatershed planning activities, guide supplemental local 21 12 data collection efforts, and identify priority areas needing 21 13 additional resources. Local communities shall collect data 21 14 over time and use the data to evaluate the impacts of their 21 15 management efforts. Data collected, as directed by 21 16 interagency integrated water resources committees, shall be 21 17 integrated into a digital regional watershed framework in 21 18 real=time, or near real=time, by the center for use in 21 19 assessment and planning by all the communities in the 21 20 watershed. The center shall integrate digital regional 21 21 watershed information into a digital statewide framework for 21 22 assessment and planning for state water resources planning. 21 23 Sec. 23. NEW SECTION. 466C.6 DEVELOPMENT OF ADVANCED 21 24 NUMERICAL TOOLS FOR WATER RESOURCES MANAGEMENT. 21 25 1. After completion of the statewide regional watershed 21 26 assessment and prioritization, the center shall develop and 21 27 implement physically based hydrologic models to improve 21 28 watershed and community scale flood prediction and mitigation 21 29 planning. 21 30 a. Physically based hydrologic models shall be used to 21 31 improve understanding of frequency of flood occurrence within 21 32 the state and to guide risk=based flood mitigation planning. 21 33 b. Physically based hydrologic models shall be used in 21 34 conjunction with hydrologic sensor networks to provide 21 35 real=time river discharge forecasts to aid communities in 22 1 implementing flood response plans. 22 2 2. The center shall produce flood inundation maps relating 22 3 the spatial extent of flooding to predicted stream flows. 22 4 a. The center shall perform hydrodynamic simulations of 22 5 river flow to create detailed water surface profiles for use 22 6 in developing high=resolution flood inundation maps. A 22 7 library of inundation maps including but not limited to the 22 8 one hundred year and five hundred year recurrence intervals 22 9 shall be developed and made available along all rivers and 22 10 streams within each watershed. In addition to the static 22 11 library of flood inundation maps, the center shall provide 22 12 real=time forecasted flood inundation maps during the threat 22 13 of severe flooding for imperiled communities. 22 14 b. Flood inundation maps shall be stored in a geospatial 22 15 database and publicly distributed through web=based 22 16 applications. 22 17 Sec. 24. NEW SECTION. 466C.7 COMMUNITY ENGAGEMENT AND 22 18 TRAINING. 22 19 1. The center shall implement statewide programs to 22 20 educate Iowans on water quality, best management practices, 22 21 and flood risk and mitigation. 22 22 2. The center shall provide technical training through 22 23 regional workshops and short courses to water resources 22 24 professionals in state agencies, city and county 22 25 administrators, and private companies. Training shall focus 22 26 on application of hydrologic and water quality monitoring and 22 27 forecasting technologies. 22 28 Sec. 25. IOWA FLOOD CENTER. There is appropriated from 22 29 the rebuild Iowa fund created in section 8.57D to the 22 30 university of Iowa for the fiscal year beginning July 1, 2009, 22 31 and ending June 30, 2010, the following amount, or so much 22 32 thereof as is necessary, to be used for the purposes 22 33 designated: 22 34 For use by the university's college of engineering to 22 35 establish and administer an Iowa flood center as provided in 23 1 this division: 23 2 .................................................. $ 1,300,000 23 3 DIVISION VI 23 4 FLOODPLAIN MAPPING 23 5 Sec. 26. LIDAR BASED MAPPING. There is appropriated from 23 6 the general fund of the state to the department of natural 23 7 resources for the fiscal year beginning July 1, 2009, and 23 8 ending June 30, 2010, the following amount, or so much thereof 23 9 as is necessary, to be used for the purposes designated: 23 10 For purposes of developing floodplain maps for the entire 23 11 state from light detection and ranging (LIDAR) topographic 23 12 data, including salaries, support, maintenance, and 23 13 miscellaneous purposes: 23 14 .................................................. $ 1,000,000 23 15 Notwithstanding section 8.33, moneys appropriated in this 23 16 section to the department that remain unencumbered and 23 17 unobligated at the close of the fiscal year shall not revert 23 18 but shall remain available for expenditure for the purposes 23 19 designated until the close of the fiscal year beginning July 23 20 1, 2011. 23 21 DIVISION VII 23 22 REPORTS 23 23 Sec. 27. REPORT. The homeland security and emergency 23 24 management division of the department of public defense, the 23 25 department of agriculture and land stewardship, the Iowa 23 26 finance authority, and the department of natural resources 23 27 shall each provide a report to the general assembly not later 23 28 than January 11, 2010. The report shall include a description 23 29 of projects supported under this Act, moneys expended or 23 30 obligated under this Act, and the status of pending 23 31 applications and uncompleted projects. 23 32 EXPLANATION 23 33 This bill appropriates moneys and creates projects and 23 34 establishes programs to provide relief to persons and property 23 35 affected by natural disaster or to prevent or mitigate the 24 1 effects of a future natural disaster. 24 2 DIVISION I == REBUILD IOWA FUND AND APPROPRIATIONS. The 24 3 bill creates a temporary rebuild Iowa fund under the authority 24 4 of the department of public defense for use by the homeland 24 5 security and emergency management division. The fund is 24 6 supported by appropriations made from two sources: (1) the 24 7 Iowa economic emergency fund (Code section 8.55) and (2) the 24 8 cash reserve fund (Code section 8.56). 24 9 DIVISION II == EXPENDITURES FOR PUBLIC AND PRIVATE 24 10 INFRASTRUCTURE. The bill provides for a number of public or 24 11 private infrastructure projects affected by natural disaster 24 12 or to prevent or mitigate the effects of a future natural 24 13 disaster, in those counties subject to the presidential 24 14 disaster declaration DR=1763=IA occurring after May 24, 2008, 24 15 and before August 14, 2008. The projects are administered by 24 16 the homeland security and emergency mnagement division and 24 17 supported by the rebuild Iowa fund and are for grants to 24 18 counties or cities with a requirement that state contributions 24 19 be matched 30 percent. These include flood aversion projects; 24 20 storm water drainage system projects; cultural and historical 24 21 projects; single=family residential property acquisition 24 22 projects; parks, green spaces, and recreational areas 24 23 projects; day care relocation projects; and nonprofit 24 24 entities' restoration projects. The bill also provides an 24 25 appropriation from the rebuild Iowa fund to support a grant to 24 26 a human resources assistance directory project. 24 27 DIVISION III == EXPENDITURES FOR LONG=TERM SOIL AND WATER 24 28 MANAGEMENT PRACTICES. The bill supports a number of soil and 24 29 water conservation practices administered by the department of 24 30 agriculture and land stewardship from moneys appropriated from 24 31 the rebuild Iowa fund. Moneys are appropriated for a two=year 24 32 study to determine the impact of agricultural land management 24 33 practices on hydrology. Financial incentives are provided to 24 34 soil and water conservation districts to allow landowners to 24 35 increase the design capacity of conservation structures, and 25 1 are provided to landowners for the restoration of permanent 25 2 soil and water conservation practices caused by the 2008 25 3 rains. The financial incentives are awarded to landowners on 25 4 a cost=share basis, with the landowner contributing 50 25 5 percent. 25 6 DIVISION IV == EXPENDITURES FOR MULTI=FAMILY HOUSING 25 7 PROJECTS. The bill provides for multi=family housing projects 25 8 supported from the rebuild Iowa fund and administered by the 25 9 Iowa finance authority, including by providing for the 25 10 construction, reconstruction, or rehabilitation of buildings 25 11 and associated structures or landscaping associated with 25 12 multi=family residences which were damaged by natural 25 13 disaster. 25 14 DIVISION V == IOWA FLOOD CENTER. The bill creates an Iowa 25 15 flood center and allocates duties between the Iowa flood 25 16 center and the water resources coordinating council. 25 17 The bill requires the state board of regents to establish 25 18 and maintain in Iowa City as a part of the state university of 25 19 Iowa an Iowa flood center. The bill provides that the Iowa 25 20 flood center shall develop hydrologic models for physically 25 21 based flood frequency estimation and real=time forecasting of 25 22 floods, including hydraulic models of floodplain inundation 25 23 mapping, establish community=based programs to improve flood 25 24 monitoring and prediction along Iowa's major waterways and to 25 25 support ongoing flood research, share resources and expertise 25 26 of the Iowa flood center, and assist in the development of a 25 27 workforce in the state knowledgeable regarding flood research, 25 28 prediction, and mitigation strategies. 25 29 Currently, the department of natural resources and the 25 30 water resources coordinating council are responsible for 25 31 regional watershed assessment, planning, and prioritization; 25 32 community=based subwatershed improvement plans; and 25 33 community=based subwatershed monitoring. The bill moves many 25 34 of these duties to the Iowa flood center with some 25 35 modifications. 26 1 The bill requires the center to create a regional watershed 26 2 assessment program. The program shall assess all the regional 26 3 watersheds in the state. Under the program, a statewide 26 4 assessment shall be conducted at the rate of approximately 26 5 one=third of the watersheds per year, and shall be completed 26 6 within three years. The bill provides that, in conducting the 26 7 regional watershed assessment program, the center shall 26 8 provide hydrologic and geologic information sufficient for the 26 9 water resources coordinating council to prioritize watersheds 26 10 statewide and for the various communities in those watersheds 26 11 to plan remedial efforts in their local communities and 26 12 subwatersheds. The bill requires the center to report the 26 13 results of the assessment to the council and the general 26 14 assembly, and to make the report available to the public. 26 15 The bill provides that, after the center's completion of 26 16 the initial regional watershed assessment, and after the 26 17 council's prioritization of the regional watersheds, the 26 18 council shall initiate the organization of an interagency 26 19 integrated water resources committee to facilitate the 26 20 development and implementation of local, community=based 26 21 subwatershed improvement plans. The bill provides that, in 26 22 facilitating the development of community=based subwatershed 26 23 improvement plans, the interagency integrated water resources 26 24 committee shall, based on the results of the regional 26 25 watershed assessment program, identify critical subwatersheds 26 26 within priority regional watersheds and recruit communities, 26 27 citizen groups, local governmental entities, or other 26 28 stakeholders to engage in the assessment, planning, 26 29 prioritization, and implementation of a local community=based 26 30 subwatershed improvement plan. 26 31 The bill provides that, after completion of the statewide 26 32 regional watershed assessment and prioritization, and 26 33 throughout the implementation of local community=based 26 34 subwatershed improvement plans, the center shall assist 26 35 communities with the monitoring and measurement of local 27 1 subwatersheds. The bill provides that local communities in 27 2 which the center conducts subwatershed monitoring shall use 27 3 the information to support subwatershed planning activities, 27 4 guide supplemental local data collection efforts, and identify 27 5 priority areas needing additional resources. 27 6 The bill provides that, after completion of the statewide 27 7 regional watershed assessment and prioritization, the center 27 8 shall develop and implement physically based hydrologic models 27 9 to improve watershed and community scale flood prediction and 27 10 mitigation planning. The bill requires the center to produce 27 11 flood inundation maps relating the spatial extent of flooding 27 12 to predicted stream flows. 27 13 The bill requires the center to implement statewide 27 14 programs to educate Iowans on water quality, best management 27 15 practices, and flood risk and mitigation. The bill requires 27 16 the center to provide technical training through regional 27 17 workshops and short courses to water resources professionals 27 18 in state agencies, city and county administrators, and private 27 19 companies. 27 20 The bill appropriates moneys for the 2009=2010 fiscal year 27 21 from the rebuild Iowa fund to the university of Iowa for use 27 22 in creating the center. 27 23 DIVISION VI == LIDAR BASED MAPPING. The bill appropriates 27 24 moneys from the rebuild Iowa fund to the department of natural 27 25 resources for purposes of developing floodplain maps for the 27 26 entire state from light detection and ranging (LIDAR) 27 27 topographic data. 27 28 DIVISION VII == REPORTS. The bill requires the agencies 27 29 appropriated moneys to submit reports to the general assembly 27 30 not later than January 11, 2010, regarding supported projects 27 31 described in the bill. 27 32 LSB 2684YC 83 27 33 da/rj/14