Senate File 10 - Introduced





                                       SENATE FILE       
                                       BY  JOHNSON


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

                                      A BILL FOR

  1 An Act relating to soil and water conservation, by providing for
  2    a fund and the deposit into the fund of civil penalties
  3    arising from violations involving storm water discharges.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1313XS 83
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PAG LIN



  1  1    Section 1.  NEW SECTION.  161A.70A  GENERAL SOIL AND WATER
  1  2 CONSERVATION FUND.
  1  3    1.  A general soil and water conservation fund is created
  1  4 in the state treasury under the control of the division.  The
  1  5 fund is composed of moneys appropriated by the general
  1  6 assembly and moneys available to and obtained or accepted by
  1  7 the division from the United States or other public or private
  1  8 sources for placement in the fund.
  1  9    2.  Moneys in the fund are appropriated to the division
  1 10 exclusively to carry out financial incentive programs as
  1 11 provided in this part in order to carry out the purpose
  1 12 provided in section 161A.70.
  1 13    3.  Section 8.33 shall not apply to moneys in the fund.
  1 14 Notwithstanding section 12C.7, moneys earned as income or
  1 15 interest from the fund shall remain in the fund until expended
  1 16 as provided in this section.
  1 17    Sec. 2.  Section 161A.72, subsection 1, Code 2009, is
  1 18 amended to read as follows:
  1 19    1.  Financial incentives provided under this chapter shall
  1 20 be administered by the division.  The incentives shall be
  1 21 supported with funds appropriated by the general assembly, and
  1 22 moneys available to or obtained by the division or the
  1 23 committee from public or private sources, including but not
  1 24 limited to the United States, other states, or private
  1 25 organizations.  The division shall adopt all rules consistent
  1 26 with chapter 17A necessary to carry out the purpose of this
  1 27 division as provided in section 161A.70.
  1 28    Sec. 3.  Section 455B.109, subsection 5, paragraph a, Code
  1 29 2009, is amended to read as follows:
  1 30    a.  Except as otherwise provided in paragraph paragraphs
  1 31 "b" and "c", civil penalties assessed by the department and
  1 32 interest on the penalties shall be deposited in the general
  1 33 fund of the state.
  1 34    Sec. 4.  Section 455B.109, subsection 5, Code 2009, is
  1 35 amended by adding the following new paragraph:
  2  1    NEW PARAGRAPH.  c.  (1)  This paragraph applies to civil
  2  2 penalties assessed by the department arising out of violations
  2  3 of this chapter involving the discharge of storm water.  A
  2  4 violation includes but is not limited to a discharge which
  2  5 violates a term or condition of a general permit or storm
  2  6 water discharge permit issued by the department pursuant to
  2  7 section 455B.103A or a national pollutant discharge
  2  8 elimination system (NPDES) permit issued by the department
  2  9 pursuant to section 455B.197.  The civil penalties and
  2 10 interest on the civil penalties shall be deposited into the
  2 11 general soil and water conservation fund established in
  2 12 section 161A.70A.
  2 13    (2)  Subparagraph (1) does not apply to civil penalties
  2 14 assessed against an animal feeding operation which are
  2 15 required to be deposited in the animal agriculture compliance
  2 16 fund pursuant to paragraph "b".
  2 17                           EXPLANATION
  2 18    ESTABLISHMENT OF A GENERAL SOIL AND WATER CONSERVATION
  2 19 FUND.  This bill establishes a general soil and water
  2 20 conservation fund to support financial incentive programs
  2 21 administered by the division of soil conservation within the
  2 22 department of agriculture and land stewardship.  The purpose
  2 23 of the financial incentives is to protect the long=term
  2 24 productivity of the soil and water resources of the state from
  2 25 erosion and sediment damage, and to encourage the adoption of
  2 26 farm management and agricultural practices which are
  2 27 consistent with the capability of the land to sustain
  2 28 agriculture and preserve this state's natural resources (Code
  2 29 section 161A.70).  Moneys in the fund are not subject to
  2 30 reversion and moneys earned as income or interest remain in
  2 31 the fund.
  2 32    CIVIL PENALTIES FOR STORM WATER DISCHARGE VIOLATIONS
  2 33 DEPOSITED INTO THE FUND.  The bill provides that civil
  2 34 penalties assessed by the department of natural resources
  2 35 which arise out of violations of Code chapter 455B involving
  3  1 the discharge of storm water, are to be deposited into the
  3  2 general soil and water conservation fund in lieu of the
  3  3 general fund of the state.  This includes civil penalties
  3  4 assessed because of a violation of a general permit or storm
  3  5 water discharge permit or a national pollutant discharge
  3  6 elimination system (NPDES) permit.  However, the civil
  3  7 penalties do not include those assessed against an animal
  3  8 feeding operation which are required to be deposited in the
  3  9 animal agriculture compliance fund (see Code section 459.401).
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