S.F. _____ H.F. _____ Section 1. NEW SECTION . 455B.276A Flood plains. 1 1. When an area of the state is identified as a two-tenths 2 percent flood plain on a flood insurance rate map certified by 3 the federal emergency management agency or on a flood plain 4 map produced by the department, the two-tenths percent flood 5 plain shall be the applicable flood plain designation for the 6 purposes of this chapter and rules adopted pursuant to this 7 chapter. An area of this state on the landward side of a flood 8 control levee recognized by the federal emergency management 9 agency as protecting against a two-tenths percent flood shall 10 not be considered part of a two-tenths percent flood plain and 11 shall not be subject to regulations for a two-tenths percent 12 flood. 13 2. The department and political subdivisions of this state 14 shall do all of the following: 15 a. Prohibit the reconstruction of structures and 16 infrastructure substantially damaged by a flood in a floodway. 17 This paragraph shall not apply to structures and infrastructure 18 necessary for the construction or maintenance of utility 19 facilities, transportation infrastructure, water control 20 facilities, or public infrastructure if more restrictive local 21 ordinances, permitting requirements, or other regulations 22 apply. 23 b. Limit reconstruction or new construction in a two-tenths 24 percent flood plain to not more than three vertical feet 25 of fill above the natural ground line. The department and 26 political subdivisions may permit means other than fill to 27 elevate structures. 28 c. Require new construction of facilities critical for 29 health and safety of the public and the environment to be 30 located in areas that are not designated two-tenths percent 31 flood plains whenever practicable. If not practicable, new 32 construction of facilities critical for health and safety of 33 the public and the environment built in a two-tenths percent 34 flood plain shall be designed to ensure that the operation 35 -1- LSB 5352DP (8) 83 tm/rj 1/ 8

S.F. _____ H.F. _____ and function of the facility can be maintained during the 1 occurrence of a two-tenths percent flood. Facilities critical 2 for health and safety of the public and the environment include 3 hospitals and nursing homes; emergency operations centers 4 including fire, police, and rescue facilities; vital data 5 storage centers; power generation and other utilities including 6 related infrastructure such as principal points of utility 7 systems; and any facilities that produce, use, or store toxic 8 pollutants. 9 Sec. 2. NEW SECTION . 466.10 Hydrological tiling study. 10 The department of agriculture and land stewardship shall 11 conduct a hydrological tiling study in conjunction with 12 hydrology experts from the Iowa flood center and Iowa state 13 university of science and technology to determine the impact 14 tile drainage has on infiltration, surface runoff, and flooding 15 and to evaluate the feasibility of seasonal retention of water 16 in tile drained fields as a drainage management strategy. The 17 impact of potholes, wetlands, and water retention structures 18 shall also be considered in the study. 19 Sec. 3. Section 466B.4, subsection 2, Code Supplement 2009, 20 is amended to read as follows: 21 2. Marketing campaign. The water resources coordinating 22 council shall develop a marketing campaign to educate Iowans 23 about the need to take personal responsibility for the quality 24 and quantity of water in their local watersheds. The emphasis 25 of the campaign shall be that not only is everyone responsible 26 for clean water, but that everyone benefits from it as well , 27 and that everyone is responsible for and benefits from reducing 28 the risk for flooding and mitigating possible future flood 29 damage . The goals of the campaign shall be to convince Iowans 30 to take personal responsibility for clean water and reducing 31 the risk of flooding and to equip them with the tools necessary 32 to effect change through local water quality improvement 33 projects and better flood plain management and flood risk 34 programs . 35 -2- LSB 5352DP (8) 83 tm/rj 2/ 8

S.F. _____ H.F. _____ Sec. 4. NEW SECTION . 466B.10 Multipurpose wetlands. 1 The department of agriculture and land stewardship, in 2 cooperation with the council, shall initiate programs to 3 integrate multipurpose wetlands into watersheds with drainage 4 districts or larger drainage systems and shall prioritize 5 funding for such programs that incorporate a holistic approach. 6 Existing drainage systems shall be retrofitted to provide for 7 nutrient trapping and treatment, more water infiltration and 8 evapotranspiration, greater water runoff retention, and habitat 9 to support biodiversity. 10 Sec. 5. NEW SECTION . 466B.11 Watershed demonstration pilot 11 project. 12 The department of natural resources and the department of 13 agriculture and land stewardship, in collaboration with the 14 United States department of agriculture’s natural resources 15 conservation service and the Iowa flood center established 16 pursuant to section 466C.1, and in cooperation with the 17 council, shall seek funding to plan, implement, and monitor a 18 watershed demonstration pilot project for urban and rural areas 19 involving a twelve-digit hydrologic unit code subwatershed as 20 defined by the United States geological survey. The pilot 21 project shall include features that seek to do all of the 22 following: 23 1. Maximize soil water holding capacity from precipitation. 24 2. Minimize severe scour erosion and sand deposition during 25 floods. 26 3. Manage water runoff in uplands under saturated soil 27 moisture conditions. 28 4. Reduce and mitigate structural and nonstructural flood 29 damage. 30 Sec. 6. NEW SECTION . 466B.12 Flood plain managers. 31 The council shall encourage and support the formation 32 of a local chapter of the association of state flood plain 33 managers in Iowa that would provide a vehicle for local flood 34 plain managers and flood plain planners to further pursue 35 -3- LSB 5352DP (8) 83 tm/rj 3/ 8

S.F. _____ H.F. _____ professional educational opportunities. 1 Sec. 7. NEW SECTION . 466B.13 Flood education. 2 The Iowa state university agricultural extension service, 3 the council, and agency members of the council shall work 4 with flood plain and hydrology experts to educate the general 5 public about flood plains, flood risks, and basic flood plain 6 management principles. This educational effort shall include 7 all of the following: 8 1. Developing a statewide soil moisture monitoring network 9 for assessing flood risk through the Iowa water center of Iowa 10 state university of science and technology and the Leopold 11 center for sustainable agriculture established in section 12 266.39, and make extensive use of existing tools and knowledge 13 focused on soil health, specifically the soil conditioning 14 index of the United States department of agriculture’s natural 15 resources conservation service as a common metric for improved 16 agronomic and conservation practices. 17 2. Developing educational materials and programs in 18 consultation with flood plain experts. 19 3. Expanding use of existing integrated farm and land 20 resource management tools to assist planners, landowners, 21 and farmers in planning and creating infiltration systems to 22 accommodate rainfalls of up to one and one-quarter inch and 23 support conservation and business planning. 24 Sec. 8. NEW SECTION . 466B.14 Climate criteria. 25 The department of natural resources and the department 26 of agriculture and land stewardship, in cooperation with 27 the council, shall work with the United States department 28 of agriculture’s natural resources conservation service to 29 reassess criteria for conservation practices due to changing 30 climate. This shall include all of the following technical 31 standards and manuals: 32 1. The field office technical guide of the natural resources 33 conservation service for conservation criteria. 34 2. The engineering field manual of the natural resources 35 -4- LSB 5352DP (8) 83 tm/rj 4/ 8

S.F. _____ H.F. _____ conservation service for design criteria. 1 Sec. 9. Section 558A.4, subsection 1, Code 2009, is amended 2 to read as follows: 3 1. The disclosure statement shall include information 4 relating to the condition and important characteristics 5 of the property and structures located on the property, 6 including significant defects in the structural integrity of 7 the structure , the type of flood plain where the structure 8 is located, and whether alluvial soils are present on the 9 property , as provided in rules which shall be adopted by the 10 real estate commission pursuant to section 543B.9. The rules 11 may require the disclosure to include information relating 12 to the property’s zoning classification; the condition of 13 plumbing, heating, or electrical systems; or the presence of 14 pests. 15 Sec. 10. STORM WATER STANDARDS. The department of natural 16 resources shall adopt minimum storm water standards to be 17 implemented by July 1, 2011. The standards shall limit 18 water runoff, reduce potential future flood damage, assess 19 the effects of stream channelization, and improve watershed 20 management in terms of both water quality and water quantity. 21 Sec. 11. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 22 PERMITS FOR STORM WATER DISCHARGE. The department of natural 23 resources shall modify permits valid on July 1, 2010, and 24 issued under the national pollutant discharge elimination 25 system permit program to require the mitigation of soil 26 compaction and replacement of topsoil as part of completing 27 the construction for permitted actions involving one or more 28 acres of land disturbance. The department shall include such 29 requirements in new permits issued on or after July 1, 2010. 30 Sec. 12. LEVEE INVESTMENT. 31 1. The department of natural resources shall establish 32 criteria to prioritize investments in levees in situations 33 where no other practicable alternatives exist for mitigating 34 flood damage risk. 35 -5- LSB 5352DP (8) 83 tm/rj 5/ 8

S.F. _____ H.F. _____ 2. In lieu of levees in rural areas, the department 1 shall encourage policies and practices that give priority to 2 reconnecting streams and rivers to their flood plains through 3 modification or removal of existing levees and discourage the 4 construction of additional levees. 5 3. The department shall work cooperatively with state and 6 federal departments and agencies and with private organizations 7 to develop an interagency assessment and prioritization 8 process to guide easement and land purchase decisions and 9 other infrastructure management efforts in flood plain areas. 10 The department shall utilize all available state and federal 11 resources to provide project planning and support for rural 12 levee modification and compensatory agreements with rural 13 landowners. 14 EXPLANATION 15 This bill relates to flood plain management. 16 The bill designates the proper flood plain percentage 17 for purposes of applicability to Code chapter 455B and rules 18 adopted pursuant to that Code chapter. The bill requires 19 the department and political subdivisions in the state to 20 prohibit the reconstruction of structures and infrastructure 21 substantially damaged by a flood in a floodway, limit 22 reconstruction or new construction in an applicable flood 23 plain to not more than three vertical feet of fill above 24 the natural ground line, and require new construction of 25 facilities critical for health and safety of the public and 26 the environment to be located in areas that are not designated 27 two-tenths percent flood plains whenever practicable. 28 The bill requires the department of agriculture and land 29 stewardship in conjunction with hydrology experts from the 30 Iowa flood center and Iowa state university to conduct a 31 hydrological tiling study. 32 Currently, the water resources coordinating council is 33 required to develop a marketing campaign to educate Iowans 34 regarding water quality and watersheds. The bill provides that 35 -6- LSB 5352DP (8) 83 tm/rj 6/ 8

S.F. _____ H.F. _____ the campaign must also include information regarding reducing 1 the risk of flooding and mitigating possible future flood 2 damage. 3 The bill requires the department of agriculture and 4 land stewardship, in cooperation with the water resources 5 coordinating council, to initiate programs to integrate 6 multipurpose wetlands into watersheds with drainage districts 7 or larger drainage systems and shall prioritize funding for 8 such programs that incorporate a holistic approach. 9 The bill requires the department of natural resources 10 and the department of agriculture and land stewardship, in 11 collaboration with the natural resources conservation service 12 and the Iowa flood center, and in cooperation with the water 13 resources coordinating council, to seek funding to plan, 14 implement, and monitor a watershed demonstration pilot project 15 for urban and rural areas involving a twelve-digit hydrologic 16 unit code subwatershed as defined by the United States 17 geological survey. 18 The bill requires the water resources coordinating council 19 to encourage and support the formation of a local chapter of 20 the association of state flood plain managers in Iowa. 21 The bill requires the Iowa state university agricultural 22 extension service, the water resources coordinating council, 23 and agency members of the council to work with flood plain 24 and hydrology experts to educate the general public about 25 flood plains, flood risks, and basic flood plain management 26 principles. 27 The bill requires the department of natural resources 28 and the department of agriculture and land stewardship, in 29 cooperation with the water resources coordinating council, to 30 work with natural resources conservation service to reassess 31 criteria for conservation practices due to changing climate. 32 The bill requires disclosure statements for certain real 33 estate transactions to include disclosures regarding the type 34 of flood plain where the structure is located and whether 35 -7- LSB 5352DP (8) 83 tm/rj 7/ 8

S.F. _____ H.F. _____ alluvial soils are present on the property. 1 The bill requires the department of natural resources to 2 adopt minimum storm water standards to be implemented by July 3 1, 2011. 4 The bill requires the department of natural resources to 5 modify permits valid on July 1, 2010, and issued under the 6 national pollutant discharge elimination system permit program 7 to require the mitigation of soil compaction and replacement of 8 topsoil as part of completing the construction for permitted 9 actions involving one or more acres of land disturbance. The 10 department must also include such requirements in new permits 11 issued on or after July 1, 2010. 12 The bill requires the department of natural resources to 13 establish criteria to prioritize investments in levees in 14 situations where no other practicable alternatives exist for 15 mitigating flood damage risk. 16 The bill requires the department of natural resources, 17 in lieu of levees in rural areas, to encourage policies and 18 practices that give priority to reconnecting streams and rivers 19 to their flood plains through modification or removal of 20 existing levees and discourage the construction of additional 21 levees. 22 The bill requires the department of natural resources 23 to work cooperatively with state and federal departments 24 and agencies and with private organizations to develop an 25 interagency assessment and prioritization process to guide 26 easement and land purchase decisions and other infrastructure 27 management efforts in flood plain areas. 28 -8- LSB 5352DP (8) 83 tm/rj 8/ 8