SF 2316 (LSB 5352SV (3) 83)

SENATE FILE 2316

BY  COMMITTEE ON REBUILD IOWA

(SUCCESSOR TO SSB 3098)

A BILL FOR

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

    Section 1.  Section 29C.6, subsection 17, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  For disasters involving flood damage, state participation in funding financial assistance to local government under paragraph “a” is contingent upon a finding by the director of the department of natural resources that the local government has complied with minimum flood plain regulations under sections 455B.276 and 455B.276B and that the local government acted reasonably to avoid or mitigate future flood damage within the two-tenths percent flood plain as defined under section 455B.276A.
    Sec. 2.  NEW SECTION.  455B.197A  National pollutant discharge elimination system permits —— mitigation requirements.

   On or after September 30, 2012, in new permits issued under the national pollutant discharge elimination system permit program, the department of natural resources shall require mitigation of soil compaction and replacement of topsoil as part of completing the construction of actions permitted under the program involving one or more acres of land disturbance.
    Sec. 3.  NEW SECTION.  455B.197B  Storm water best management practices.

   By December 31, 2010, the department shall adopt best management practices for storm water. The practices 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. All cities shall consider the best management practices in the development and implementation of storm water management ordinances adopted on or after July 1, 2011.
    Sec. 4.  NEW SECTION.  455B.276A  Two-tenths percent flood plain —— model ordinance.
   1.  By December 31, 2010, the department, in consultation with the rebuild Iowa office, the division of homeland security and emergency management of the department of public defense, the Iowa league of cities, and the Iowa state association of counties, shall develop a model ordinance for the regulation of a two-tenths percent flood plain by political subdivisions. The model ordinance shall address all of the following:
   a.  Requirements, if any, for the purchase of flood insurance for property.
   b.  Requirements, if any, for new development or modification or improvement of existing development to mitigate the effects of future flooding.
   c.  The effect of flood control levees.
   d.  The use of fill and offsets required for the use of fill.
   e.  Categories of development that should be prohibited.
   f.  Interaction with regulations by the federal emergency management agency.
   g.  Any other issues that the department finds should be addressed in the model ordinance.
   2.  For purposes of this section, the two-tenths percent flood plain includes a two-tenths percent flood plain identified on any of the following:
   a.  A flood insurance rate map certified by the federal emergency management agency.
   b.  A flood plain map produced by the department.
   c.  A flood plain map approved by the department pursuant to section 455B.276.
    Sec. 5.  NEW SECTION.  455B.276B  Critical facilities —— flood plains.
   1.  For purposes of this section, “facilities critical for the health and safety of the public and the environment” includes hospitals and health care facilities as defined in section 135C.1, jails, water supply and distribution facilities, and emergency operations centers including fire, police, and rescue facilities.
   2.  The department and political subdivisions of the state shall not allow new construction of facilities critical for the health and safety of the public and the environment within a two-tenths percent flood plain, as defined in section 455B.276A, unless the department or political subdivision determines that locating the facility outside of the two-tenths percent flood plain is not practicable. This subsection does not apply to the modification or improvement of existing facilities.
   3.  Any construction or substantial modification or improvement of a facility critical for the health and safety of the public and the environment within a two-tenths percent flood plain shall be designed to maintain the operation and function of the facility or the safe cessation of the operation and function of the facility during the occurrence of a two-tenths percent flood as determined by the department or political subdivision. The department or political subdivision may provide a waiver from this requirement if the facility is built in accordance with the requirements of an agreement with the federal emergency management agency.
   4.  Facilities storing public records as defined in chapter 22 shall protect those records at a level not less than the level of a two-tenths percent flood plus one foot.
   5.  Facilities storing hazardous substances as defined in section 455B.381 shall store those hazardous substances in a manner that prevents the hazardous substances from being released into the environment during a two-tenths percent flood.
    Sec. 6.  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. 7.  Section 466B.3, subsection 6, paragraph c, Code Supplement 2009, is amended to read as follows:
   c.  The council shall develop recommendations for policies and funding promoting a watershed management approach to reduce the adverse impact of future flooding on this state’s residents, businesses, communities, and soil and water quality. Policy and funding recommendations shall be submitted to the governor and the general assembly not later than November 15, 2009. The council shall consider policies and funding options for various strategies to reduce the impact of flooding including but not limited to additional floodplain regulation; wetland protection, restoration, and construction; the promulgation and implementation of statewide storm water management standards; conservation easements and other land management; perennial ground cover and other agricultural conservation practices; pervious pavement, bioswales, and other urban conservation practices; and permanent or temporary water retention structures. In developing recommendations, the council shall consult with hydrological and land use experts, representatives of cities, counties, drainage and levee districts, agricultural interests, and soil and water conservation districts, and other urban and regional planning experts.
    Sec. 8.  Section 466B.3, subsection 6, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The council shall develop recommendations for watershed governance including but not limited to assigning responsibility for assessment of flood risk, assessment and prioritization of options for reducing flood risk, allocation of flood reduction resources, operation of controlled water retention structures, and the purchase of land or easements by cities pursuant to section 364.4. The council shall submit recommendations to the governor and the general assembly not later than November 15, 2010.
    Sec. 9.  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. 10.  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. 11.  NEW SECTION.  466B.11  Watershed demonstration pilot projects.

   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 one or more watershed demonstration pilot projects for urban and rural areas involving a twelve-digit hydrologic unit code subwatershed as defined by the United States geological survey. The pilot projects 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. 12.  NEW SECTION.  466B.12  Flood plain managers.

   The council shall encourage and support the formation of a 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. 13.  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 at least one and one-quarter inch and support conservation and business planning.
    Sec. 14.  NEW SECTION.  466B.14  Conservation practice 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 soil and water conservation practices as defined in section 161A.42 due to changing precipitation patterns and extreme weather events. 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. 15.  NEW SECTION.  466B.15  Levee policy.
   1.  It is the policy of the state to give priority to reconnecting streams and rivers to their flood plains through modification or removal of existing levees and to discourage the construction of additional levees except where no other practicable alternative exists for mitigating future flood damage.
   2.  The council, in consultation with local, state, and federal agencies, and private organizations, shall develop an interagency assessment and prioritization process and plan to guide modification and removal of existing levees, including easement and land purchase decisions, other mechanisms for compensating landowners, and other infrastructure management efforts in flood plains.
   3.  The council, in consultation with local, state, and federal agencies, shall develop criteria to prioritize investments in the construction and improvement of levees in situations where no other practicable alternative exists for mitigating future flood damage.
EXPLANATION
   This bill relates to flood plain management.
   The bill provides that, for disasters involving flood damage, state participation in funding financial assistance to local government is contingent on a finding by the director of the department of natural resources that the local government has complied with minimum flood plain regulations and that the local government acted reasonably to avoid or mitigate future flood damage within the two-tenths percent flood plain.
   The bill provides that, on or after September 30, 2012, in new permits issued under the national pollutant discharge elimination system permit program, the department of natural resources shall require mitigation of soil compaction and replacement of topsoil as part of completing the construction of actions permitted under the program involving one or more acres of land disturbance.
   The bill requires the department of natural resources to adopt best management practices for storm water by December 31, 2010.
   The bill requires, by December 31, 2010, the department of natural resources, in consultation with various listed entities, to develop a model ordinance for the regulation of a two-tenths percent flood plain by political subdivisions.
   The bill prohibits the department of natural resources and political subdivisions from allowing new construction of facilities critical for the health and safety of the public and the environment within a two-tenths percent flood plain, unless locating the facility outside the two-tenths percent flood plain is not practicable. The bill requires any construction or substantial modification or improvement of a facility critical for the health and safety of the public and the environment within a two-tenths percent flood plain to be designed to maintain the operation and function of the facility or the safe cessation of the operation or function during the occurrence of a two-tenths percent flood. The bill requires facilities storing public records to protect such records at a level not less than the level of a two-tenths percent flood plus one foot. The bill requires facilities storing hazardous substances to store such substances in a manner that prevents the substances from being released into the environment during a two-tenths percent flood.
   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.
   The bill requires the water resources coordinating council to develop recommendations for watershed governance by November 15, 2010. 
   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 U.S. 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 one or more watershed demonstration pilot projects for urban and rural areas involving a twelve-digit hydrologic unit code subwatershed as defined by the U.S. geological survey.
   The bill requires the water resources coordinating council to encourage and support the formation of a 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 the U.S. natural resources conservation service to reassess criteria for soil and water conservation practices due to changing precipitation patterns and extreme weather events.
   The bill requires the water resources coordinating council to develop an interagency assessment and prioritization process and plan to guide modification and removal of existing levees. The bill requires the council to develop criteria to prioritize investments in the construction and improvement of levees in situations where no other practicable alternative exists for mitigating future flood damage.