HSB 573 (LSB 5352HC (2) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON REBUILD IOWA AND DISASTER RECOVERY BILL BY CHAIRPERSON SCHUELLER)

A BILL FOR

An Act relating to flood plain management.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  455B.276A  Flood plains.
   1.  When an area of the state is identified as a two-tenths percent flood plain on a flood insurance rate map certified by the federal emergency management agency or on a flood plain map produced by the department, the two-tenths percent flood plain shall be the applicable flood plain designation for the purposes of this chapter and rules adopted pursuant to this chapter. An area of this state on the landward side of a flood control levee recognized by the federal emergency management agency as protecting against a two-tenths percent flood shall not be considered part of a two-tenths percent flood plain and shall not be subject to regulations for a two-tenths percent flood.
   2.  The department and political subdivisions of this state shall do all of the following:
   a.  Prohibit the reconstruction of structures and infrastructure substantially damaged by a flood in a floodway. This paragraph shall not apply to structures and infrastructure necessary for the construction or maintenance of utility facilities, transportation infrastructure, water control facilities, or public infrastructure if more restrictive local ordinances, permitting requirements, or other regulations apply.
   b.  Limit reconstruction or new construction in a two-tenths percent flood plain to not more than three vertical feet of fill above the natural ground line. The department and political subdivisions may permit means other than fill to elevate structures.
   c.  Require new construction of facilities critical for health and safety of the public and the environment to be located in areas that are not designated two-tenths percent flood plains whenever practicable. If not practicable, new construction of facilities critical for health and safety of the public and the environment built in a two-tenths percent flood plain shall be designed to ensure that the operation and function of the facility can be maintained during the occurrence of a two-tenths percent flood. Facilities critical for health and safety of the public and the environment include hospitals and nursing homes; emergency operations centers including fire, police, and rescue facilities; vital data storage centers; power generation and other utilities including related infrastructure such as principal points of utility systems; and any facilities that produce, use, or store toxic pollutants.
    Sec. 2.  NEW SECTION.  466.10  Hydrological tiling study.

   The department of agriculture and land stewardship shall conduct a hydrological tiling study in conjunction with hydrology experts from the Iowa flood center and Iowa state university of science and technology to determine the impact tile drainage has on infiltration, surface runoff, and flooding and to evaluate the feasibility of seasonal retention of water in tile drained fields as a drainage management strategy. The impact of potholes, wetlands, and water retention structures shall also be considered in the study.
    Sec. 3.  Section 466B.4, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  Marketing campaign.  The water resources coordinating council shall develop a marketing campaign to educate Iowans about the need to take personal responsibility for the quality and quantity of water in their local watersheds. The emphasis of the campaign shall be that not only is everyone responsible for clean water, but that everyone benefits from it as well, and that everyone is responsible for and benefits from reducing the risk for flooding and mitigating possible future flood damage. The goals of the campaign shall be to convince Iowans to take personal responsibility for clean water and reducing the risk of flooding and to equip them with the tools necessary to effect change through local water quality improvement projects and better flood plain management and flood risk programs.
    Sec. 4.  NEW SECTION.  466B.10  Multipurpose wetlands.

   The department of agriculture and land stewardship, in cooperation with the council, shall initiate programs to integrate multipurpose wetlands into watersheds with drainage districts or larger drainage systems and shall prioritize funding for such programs that incorporate a holistic approach. Existing drainage systems shall be retrofitted to provide for nutrient trapping and treatment, more water infiltration and evapotranspiration, greater water runoff retention, and habitat to support biodiversity.
    Sec. 5.  NEW SECTION.  466B.11  Watershed demonstration pilot project.

   The department of natural resources and the department of agriculture and land stewardship, in collaboration with the United States department of agriculture’s natural resources conservation service and the Iowa flood center established pursuant to section 466C.1, and in cooperation with the council, shall seek funding to plan, implement, and monitor a watershed demonstration pilot project for urban and rural areas involving a twelve-digit hydrologic unit code subwatershed as defined by the United States geological survey. The pilot project shall include features that seek to do all of the following:

   1.  Maximize soil water holding capacity from precipitation.
   2.  Minimize severe scour erosion and sand deposition during floods.
   3.  Manage water runoff in uplands under saturated soil moisture conditions.
   4.  Reduce and mitigate structural and nonstructural flood damage.
    Sec. 6.  NEW SECTION.  466B.12  Flood plain managers.

   The council shall encourage and support the formation of a local chapter of the association of state flood plain managers in Iowa that would provide a vehicle for local flood plain managers and flood plain planners to further pursue professional educational opportunities.
    Sec. 7.  NEW SECTION.  466B.13  Flood education.

   The Iowa state university agricultural extension service, the council, and agency members of the council shall work with flood plain and hydrology experts to educate the general public about flood plains, flood risks, and basic flood plain management principles. This educational effort shall include all of the following:

   1.  Developing a statewide soil moisture monitoring network for assessing flood risk through the Iowa water center of Iowa state university of science and technology and the Leopold center for sustainable agriculture established in section 266.39, and make extensive use of existing tools and knowledge focused on soil health, specifically the soil conditioning index of the United States department of agriculture’s natural resources conservation service as a common metric for improved agronomic and conservation practices.
   2.  Developing educational materials and programs in consultation with flood plain experts.
   3.  Expanding use of existing integrated farm and land resource management tools to assist planners, landowners, and farmers in planning and creating infiltration systems to accommodate rainfalls of up to one and one-quarter inch and support conservation and business planning.
    Sec. 8.  NEW SECTION.  466B.14  Climate criteria.

   The department of natural resources and the department of agriculture and land stewardship, in cooperation with the council, shall work with the United States department of agriculture’s natural resources conservation service to reassess criteria for conservation practices due to changing climate. This shall include all of the following technical standards and manuals:

   1.  The field office technical guide of the natural resources conservation service for conservation criteria.
   2.  The engineering field manual of the natural resources conservation service for design criteria.
    Sec. 9.  Section 558A.4, subsection 1, Code 2009, is amended to read as follows:
   1.  The disclosure statement shall include information relating to the condition and important characteristics of the property and structures located on the property, including significant defects in the structural integrity of the structure, the type of flood plain where the structure is located, and whether alluvial soils are present on the property, as provided in rules which shall be adopted by the real estate commission pursuant to section 543B.9. The rules may require the disclosure to include information relating to the property’s zoning classification; the condition of plumbing, heating, or electrical systems; or the presence of pests.
    Sec. 10.  STORM WATER STANDARDS.  The department of natural resources shall adopt minimum storm water standards to be implemented by July 1, 2011. The standards shall limit water runoff, reduce potential future flood damage, assess the effects of stream channelization, and improve watershed management in terms of both water quality and water quantity.
    Sec. 11.  NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS FOR STORM WATER DISCHARGE.  The department of natural resources shall modify permits valid on July 1, 2010, and issued under the national pollutant discharge elimination system permit program to require the mitigation of soil compaction and replacement of topsoil as part of completing the construction for permitted actions involving one or more acres of land disturbance. The department shall include such requirements in new permits issued on or after July 1, 2010.
    Sec. 12.  LEVEE INVESTMENT.
   1.  The department of natural resources shall establish criteria to prioritize investments in levees in situations where no other practicable alternatives exist for mitigating flood damage risk.
   2.  In lieu of levees in rural areas, the department shall encourage policies and practices that give priority to reconnecting streams and rivers to their flood plains through modification or removal of existing levees and discourage the construction of additional levees.
   3.  The department shall work cooperatively with state and federal departments and agencies and with private organizations to develop an interagency assessment and prioritization process to guide easement and land purchase decisions and other infrastructure management efforts in flood plain areas. The department shall utilize all available state and federal resources to provide project planning and support for rural levee modification and compensatory agreements with rural landowners.
EXPLANATION
   This bill relates to flood plain management.
   The bill designates the proper flood plain percentage for purposes of applicability to Code chapter 455B and rules adopted pursuant to that Code chapter. The bill requires the department and political subdivisions in the state to prohibit the reconstruction of structures and infrastructure substantially damaged by a flood in a floodway, limit reconstruction or new construction in an applicable flood plain to not more than three vertical feet of fill above the natural ground line, and require new construction of facilities critical for health and safety of the public and the environment to be located in areas that are not designated two-tenths percent flood plains whenever practicable.
   The bill requires the department of agriculture and land stewardship in conjunction with hydrology experts from the Iowa flood center and Iowa state university to conduct a hydrological tiling study.
   Currently, the water resources coordinating council is required to develop a marketing campaign to educate Iowans regarding water quality and watersheds. The bill provides that the campaign must also include information regarding reducing the risk of flooding and mitigating possible future flood damage.
   The bill requires the department of agriculture and land stewardship, in cooperation with the water resources coordinating council, to initiate programs to integrate multipurpose wetlands into watersheds with drainage districts or larger drainage systems and shall prioritize funding for such programs that incorporate a holistic approach.
   The bill requires the department of natural resources and the department of agriculture and land stewardship, in collaboration with the natural resources conservation service and the Iowa flood center, and in cooperation with the water resources coordinating council, to seek funding to plan, implement, and monitor a watershed demonstration pilot project for urban and rural areas involving a twelve-digit hydrologic unit code subwatershed as defined by the United States geological survey.
   The bill requires the water resources coordinating council to encourage and support the formation of a local chapter of the association of state flood plain managers in Iowa.
   The bill requires the Iowa state university agricultural extension service, the water resources coordinating council, and agency members of the council to work with flood plain and hydrology experts to educate the general public about flood plains, flood risks, and basic flood plain management principles.
   The bill requires the department of natural resources and the department of agriculture and land stewardship, in cooperation with the water resources coordinating council, to work with natural resources conservation service to reassess criteria for conservation practices due to changing climate.
   The bill requires disclosure statements for certain real estate transactions to include disclosures regarding the type of flood plain where the structure is located and whether alluvial soils are present on the property.
   The bill requires the department of natural resources to adopt minimum storm water standards to be implemented by July 1, 2011.
   The bill requires the department of natural resources to modify permits valid on July 1, 2010, and issued under the national pollutant discharge elimination system permit program to require the mitigation of soil compaction and replacement of topsoil as part of completing the construction for permitted actions involving one or more acres of land disturbance. The department must also include such requirements in new permits issued on or after July 1, 2010.
   The bill requires the department of natural resources to establish criteria to prioritize investments in levees in situations where no other practicable alternatives exist for mitigating flood damage risk.
   The bill requires the department of natural resources, in lieu of levees in rural areas, to encourage policies and practices that give priority to reconnecting streams and rivers to their flood plains through modification or removal of existing levees and discourage the construction of additional levees.
   The bill requires the department of natural resources to work cooperatively with state and federal departments and agencies and with private organizations to develop an interagency assessment and prioritization process to guide easement and land purchase decisions and other infrastructure management efforts in flood plain areas.