Senate Study Bill 3240 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BUDGET BILL) A BILL FOR An Act relating to and making appropriations involving state 1 government, by providing for agriculture, natural resources, 2 and environmental protection. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5097XG (9) 83 da/tm
S.F. _____ H.F. _____ DIVISION I 1 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 2 GENERAL APPROPRIATIONS 3 Section 1. GENERAL FUND —— DEPARTMENT. 4 1. There is appropriated from the general fund of the state 5 to the department of agriculture and land stewardship for the 6 fiscal year beginning July 1, 2010, and ending June 30, 2011, 7 the following amount, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 For purposes of supporting the department, including its 10 divisions, for administration, regulation, and programs; for 11 salaries, support, maintenance, and miscellaneous purposes; 12 including full-time equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,872,701 14 2. The department shall submit a report each quarter of the 15 fiscal year to the legislative services agency, the department 16 of management, the members of the joint appropriations 17 subcommittee on agriculture and natural resources, and the 18 co-chairpersons and ranking members of the senate and house 19 committees on appropriations. The report shall describe in 20 detail the expenditure of moneys appropriated in this section 21 to support the department’s administration, regulation, and 22 programs. 23 DESIGNATED APPROPRIATIONS —— ANIMAL HUSBANDRY 24 Sec. 2. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 25 HORSE AND DOG RACING. There is appropriated from the moneys 26 available under section 99D.13 to the department of agriculture 27 and land stewardship for the fiscal year beginning July 1, 28 2010, and ending June 30, 2011, the following amount, or so 29 much thereof as is necessary, to be used for the purposes 30 designated: 31 For purposes of supporting the department’s administration 32 and enforcement of horse and dog racing law pursuant to section 33 99D.22, including for salaries, support, maintenance, and 34 miscellaneous purposes: 35 -1- LSB 5097XG (9) 83 da/tm 1/ 12
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 305,516 1 DESIGNATED APPROPRIATIONS —— MOTOR FUEL 2 Sec. 3. RENEWABLE FUEL INFRASTRUCUTRE FUND —— MOTOR 3 FUEL INSPECTION. There is appropriated from the renewable 4 fuel infrastructure fund created in section 15G.205 to the 5 department of agriculture and land stewardship for the fiscal 6 year beginning July 1, 2010, and ending June 30, 2011, the 7 following amount, or so much thereof as is necessary, to be 8 used for the purposes designated: 9 For purposes of the inspection of motor fuel, including 10 salaries, support, maintenance, and miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 12 The department shall establish and administer programs 13 for the auditing of motor fuel including biofuel processing 14 and production plants, for screening and testing motor fuel, 15 including renewable fuel, and for the inspection of motor fuel 16 sold by dealers including retail dealers who sell and dispense 17 motor fuel from motor fuel pumps. 18 DIVISION II 19 DEPARTMENT OF NATURAL RESOURCES 20 GENERAL APPROPRIATIONS 21 Sec. 4. GENERAL FUND —— DEPARTMENT. There is appropriated 22 from the general fund of the state to the department of natural 23 resources for the fiscal year beginning July 1, 2010, and 24 ending June 30, 2011, the following amount, or so much thereof 25 as is necessary, to be used for the purposes designated: 26 1. For purposes of supporting the department, including its 27 divisions, for administration, regulation, and programs; for 28 salaries, support, maintenance, and miscellaneous purposes; 29 including full-time equivalent positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,968,410 31 2. The department shall submit a report each quarter of the 32 fiscal year to the legislative services agency, the department 33 of management, the members of the joint appropriations 34 subcommittee on agriculture and natural resources, and the 35 -2- LSB 5097XG (9) 83 da/tm 2/ 12
S.F. _____ H.F. _____ co-chairpersons and ranking members of the senate and house 1 committees on appropriations. The report shall describe in 2 detail the expenditure of moneys appropriated under this 3 section to support the department’s administration, regulation, 4 and programs. 5 Sec. 5. STATE FISH AND GAME PROTECTION FUND —— DIVISION OF 6 FISH AND WILDLIFE. 7 1. a. There is appropriated from the state fish and game 8 protection fund to the department of natural resources for the 9 fiscal year beginning July 1, 2010, and ending June 30, 2011, 10 the following amount, or so much thereof as is necessary, to be 11 used for the purposes designated: 12 For purposes of supporting the division of fish and 13 wildlife, including for administration, regulation, and 14 programs; and for salaries, support, maintenance, equipment, 15 and miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,793,154 17 b. Notwithstanding section 455A.10, the department may use 18 the unappropriated balance remaining in the state fish and game 19 protection fund to provide for the funding of health and life 20 insurance premium payments from unused sick leave balances of 21 conservation peace officers employed in a protection occupation 22 who retire, pursuant to section 97B.49B. 23 2. The department shall not expend more moneys from the 24 state fish and game protection fund than provided in this 25 section, unless the expenditure derives from contributions made 26 by a private entity, or a grant or moneys received from the 27 federal government, and is approved by the natural resource 28 commission. The department of natural resources shall promptly 29 notify the legislative services agency and the chairpersons and 30 ranking members of the joint appropriations subcommittee on 31 agriculture and natural resources concerning the commission’s 32 approval. 33 Sec. 6. GROUNDWATER PROTECTION FUND —— WATER QUALITY. There 34 is appropriated from the groundwater protection fund created 35 -3- LSB 5097XG (9) 83 da/tm 3/ 12
S.F. _____ H.F. _____ in section 455E.11 to the department of natural resources for 1 the fiscal year beginning July 1, 2010, and ending June 30, 2 2011, from those moneys which are not allocated pursuant to 3 that section, the following amount, or so much thereof as is 4 necessary, to be used for the purposes designated: 5 For purposes of supporting the department’s protection 6 of the state’s groundwater, including for administration, 7 regulation, and programs, and for salaries, support, 8 maintenance, equipment, and miscellaneous purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,455,832 10 DESIGNATED APPROPRIATIONS —— MISCELLANEOUS 11 Sec. 7. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE 12 PROGRAM. There is appropriated from the special snowmobile 13 fund created under section 321G.7 to the department of natural 14 resources for the fiscal year beginning July 1, 2010, and 15 ending June 30, 2011, the following amount, or so much thereof 16 as is necessary, to be used for the purpose designated: 17 For purposes of administering and enforcing the state 18 snowmobile program: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 20 Sec. 8. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE TANK 21 SECTION EXPENSES. There is appropriated from the unassigned 22 revenue fund administered by the Iowa comprehensive underground 23 storage tank fund board to the department of natural resources 24 for the fiscal year beginning July 1, 2010, and ending June 30, 25 2011, the following amount, or so much thereof as is necessary, 26 to be used for the purpose designated: 27 For purposes of paying for administration expenses of the 28 department’s underground storage tank section: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 30 Sec. 9. STORM WATER DISCHARGE PERMIT FEES —— SUPPORT FOR 31 SPECIAL PURPOSES. Notwithstanding any contrary provision of 32 state law, for the fiscal year beginning July 1, 2010, and 33 ending June 30, 2011, the department of natural resources may 34 use additional moneys available to the department collected 35 -4- LSB 5097XG (9) 83 da/tm 4/ 12
S.F. _____ H.F. _____ from storm water discharge permit fees as provided in section 1 455B.103A or 455B.197 for the staffing of the following 2 additional full-time equivalent positions for the purposes 3 designated: 4 1. For purposes of reducing the department’s floodplain 5 permit backlog: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 7 2. For purposes of implementing the federal total maximum 8 daily load program: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 10 DIVISION III 11 ENVIRONMENT FIRST FUND —— GENERAL APPROPRIATIONS 12 Sec. 10. DEPARTMENT OF AGRICULTURE AND LAND 13 STEWARDSHIP. There is appropriated from the environment first 14 fund created in section 8.57A to the department of agriculture 15 and land stewardship for the fiscal year beginning July 1, 16 2010, and ending June 30, 2011, the following amounts, or so 17 much thereof as is necessary, to be used for the purposes 18 designated: 19 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 20 a. For the conservation reserve enhancement program to 21 restore and construct wetlands for the purposes of intercepting 22 tile line runoff, reducing nutrient loss, improving water 23 quality, and enhancing agricultural production practices: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 25 b. Not more than 10 percent of the moneys appropriated 26 in paragraph “a” may be used for costs of administration and 27 implementation of soil and water conservation practices. 28 2. WATERSHED PROTECTION 29 a. For continuation of a program that provides 30 multiobjective resource protections for flood control, water 31 quality, erosion control, and natural resource conservation: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 33 b. Not more than 10 percent of the moneys appropriated 34 in paragraph “a” may be used for costs of administration and 35 -5- LSB 5097XG (9) 83 da/tm 5/ 12
S.F. _____ H.F. _____ implementation of soil and water conservation practices. 1 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 2 a. For continuation of a statewide voluntary farm 3 management demonstration program to demonstrate the 4 effectiveness and adaptability of emerging practices in 5 agronomy that protect water resources and provide other 6 environmental benefits: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 8 b. Not more than 10 percent of the moneys appropriated 9 in paragraph “a” may be used for costs of administration and 10 implementation of soil and water conservation practices. 11 c. Of the amount appropriated in paragraph “a”, $300,000 12 shall be allocated to an organization representing soybean 13 growers to provide for an agriculture and environment 14 performance program in order to carry out the purposes of this 15 subsection as specified in paragraph “a”. 16 4. AGRICULTURE DRAINAGE WELL WATER QUALITY ASSISTANCE FUND 17 a. For deposit in the agricultural drainage well water 18 quality assistance fund created in section 460.303 to be used 19 for purposes of supporting the agricultural drainage well water 20 quality assistance program as provided in section 460.304: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 22 b. Not more than 10 percent of the moneys appropriated 23 in paragraph “a” may be used for costs of administration and 24 implementation of soil and water conservation practices. 25 5. SOIL AND WATER CONSERVATION PRACTICES 26 a. For use by the soil conservation division, to provide 27 financial assistance for the establishment of permanent soil 28 and water conservation practices: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,000,000 30 b. Not more than 5 percent of the moneys appropriated 31 in paragraph “a” may be allocated for cost sharing to abate 32 complaints filed under section 161A.47. 33 c. Of the moneys appropriated in paragraph “a”, 5 percent 34 shall be allocated for financial incentives to establish 35 -6- LSB 5097XG (9) 83 da/tm 6/ 12
S.F. _____ H.F. _____ practices to protect watersheds above publicly owned lakes of 1 the state from soil erosion and sediment as provided in section 2 161A.73. 3 d. Not more than 30 percent of a soil and water conservation 4 district’s allocation of moneys as financial incentives may be 5 provided for the purpose of establishing management practices 6 to control soil erosion on land that is row cropped, including 7 but not limited to no-till planting, ridge-till planting, 8 contouring, and contour strip-cropping as provided in section 9 161A.73. 10 e. The state soil conservation committee created in section 11 161A.4 may allocate moneys appropriated in paragraph “a” 12 to conduct research and demonstration projects to promote 13 conservation tillage and nonpoint source pollution control 14 practices. 15 f. The allocation of moneys as financial incentives as 16 provided in section 161A.73 may be used in combination with 17 moneys allocated by the department of natural resources. 18 g. Not more than 15 percent of the moneys appropriated 19 in paragraph “a” may be used for costs of administration and 20 implementation of soil and water conservation practices. 21 6. CONSERVATION RESERVE PROGRAM (CRP) 22 a. To encourage and assist farmers in enrolling in and the 23 implementation of the federal conservation program and to work 24 with them to enhance their revegetation efforts to improve 25 water quality and habitat: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,221,600 27 b. Not more than 10 percent of the moneys appropriated 28 in paragraph “a” may be used for costs of administration and 29 implementation of soil and water conservation practices. 30 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND 31 a. For deposit in the loess hills development and 32 conservation fund created in section 161D.2: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 34 b. (1) Of the amount appropriated in paragraph “a”, 35 -7- LSB 5097XG (9) 83 da/tm 7/ 12
S.F. _____ H.F. _____ $300,000 shall be allocated to the fund’s hungry canyons 1 account. 2 (2) Not more than 10 percent of the moneys allocated to the 3 hungry canyons account as provided in subparagraph (1) may be 4 used for administrative costs. 5 c. (1) Of the amount appropriated in paragraph “a”, 6 $200,000 shall be allocated to the fund’s loess hills alliance 7 account. 8 (2) Not more than 10 percent of the moneys allocated to the 9 loess hills alliance account as provided in subparagraph (1) 10 may be used for administrative costs. 11 8. SOUTHERN IOWA DEVELOPMENT AND CONSERVATION FUND 12 a. For deposit in the southern Iowa development and 13 conservation fund created in section 161D.12: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 15 b. Not more than 5 percent of the moneys appropriated in 16 paragraph “a” may be used for administrative costs. 17 Sec. 11. DEPARTMENT OF NATURAL RESOURCES. There is 18 appropriated from the environment first fund created in section 19 8.57A to the department of natural resources for the fiscal 20 year beginning July 1, 2010, and ending June 30, 2011, the 21 following amounts, or so much thereof as is necessary, to be 22 used for the purposes designated: 23 1. KEEPERS OF THE LAND 24 For statewide coordination of volunteer efforts under the 25 water quality and keepers of the land programs: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 27 2. STATE PARKS MAINTENANCE AND OPERATIONS 28 a. For regular maintenance of state parks and staff time 29 associated with these activities: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 31 b. Of the amount appropriated in paragraph “a”, the 32 following amount, or so much thereof as is necessary, shall be 33 allocated to the Honey creek premier destination park authority 34 created in section 463C.4 for the fiscal year beginning July 1, 35 -8- LSB 5097XG (9) 83 da/tm 8/ 12
S.F. _____ H.F. _____ 2010, and ending June 30, 2011, for financing the Honey creek 1 premier destination park bond program: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 3 (1) The authority may deposit the moneys in a bond reserve 4 fund provided in section 463C.13. 5 (2) The authority shall use the moneys to pay outstanding 6 bonds and to satisfy outstanding obligations of the authority, 7 as necessary to fulfill any covenants or provisions with 8 bondholders or third parties made in accordance with chapter 9 463C. 10 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) 11 To provide local watershed managers with geographic 12 information system data for their use in developing, 13 monitoring, and displaying results of their watershed work: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,000 15 4. WATER QUALITY MONITORING 16 For continuing the establishment and operation of water 17 quality monitoring stations: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,955,000 19 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 20 For deposit in the public water supply system account of the 21 water quality protection fund created in section 455B.183A: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 23 6. REGULATION OF ANIMAL FEEDING OPERATIONS 24 For the regulation of animal feeding operations, including 25 as provided for in chapters 459 and 459A: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 608,400 27 7. AMBIENT AIR QUALITY 28 For the abatement, control, and prevention of ambient 29 air pollution in this state, including measures as necessary 30 to assure attainment and maintenance of ambient air quality 31 standards from particulate matter: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425,000 33 8. WATER QUANTITY REGULATION 34 For regulating water quantity from surface and subsurface 35 -9- LSB 5097XG (9) 83 da/tm 9/ 12
S.F. _____ H.F. _____ sources by providing for the allocation and use of water 1 resources, the protection and management of water resources, 2 and the preclusion of conflicts among users of water resources, 3 including as provided in chapter 455B, division III, part 4: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 5 Sec. 12. REVERSION. 6 1. Except as provided in subsection 2, and notwithstanding 7 section 8.33, moneys appropriated for the fiscal year beginning 8 July 1, 2010, in this division of this Act that remain 9 unencumbered or unobligated at the close of the fiscal year 10 shall not revert but shall remain available for the purposes 11 designated until the close of the fiscal year beginning July 1, 12 2011, or until the purpose for which the appropriation was made 13 is completed, whichever is earlier. 14 2. Notwithstanding section 8.33, moneys appropriated in 15 this division of this Act to the department of agriculture 16 and land stewardship to provide financial assistance for 17 the establishment of permanent soil and water conservation 18 practices that remain unencumbered or unobligated at the close 19 of the fiscal year shall not revert but shall remain available 20 for expenditure for the purposes designated until the close of 21 the fiscal year beginning July 1, 2013. 22 DIVISION IV 23 ENVIRONMENT FIRST FUND —— RESOURCES ENHANCEMENT 24 AND PROTECTION (REAP) 25 Sec. 13. IOWA RESOURCES ENHANCEMENT AND PROTECTION 26 FUND. Notwithstanding the amount of the standing appropriation 27 from the general fund of the state to the Iowa resources 28 enhancement and protection fund as provided in section 29 455A.18, there is appropriated from the environment first fund 30 created in section 8.57A to the Iowa resources enhancement 31 and protection fund, in lieu of the appropriation made in 32 section 455A.18, for the fiscal year beginning July 1, 2010, 33 and ending June 30, 2011, the following amount, to be allocated 34 as provided in section 455A.19: 35 -10- LSB 5097XG (9) 83 da/tm 10/ 12
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 1 EXPLANATION 2 GENERAL. This bill relates to agriculture and natural 3 resources by making appropriations for the 2010-2011 fiscal 4 year to support related entities, including the department of 5 agriculture and land stewardship and the department of natural 6 resources. 7 The bill appropriates moneys to the department of 8 agriculture and land stewardship and the department of natural 9 resources. The appropriations are made to support those 10 departments for administration, regulation, and programs. The 11 bill requires the departments to submit quarterly reports to 12 the general assembly and department of management regarding the 13 expenditure of appropriated moneys. The bill also provides 14 moneys to support specific programs or projects administered by 15 those departments. The bill appropriates moneys from a number 16 of sources, including the general fund of the state, the state 17 fish and game protection fund, and the groundwater protection 18 fund. The bill is organized into divisions. 19 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP. For the 20 department of agriculture and land stewardship, moneys are 21 appropriated in order to support its divisions. 22 The bill appropriates moneys from the general fund to 23 support designated programs, including horse and dog racing, 24 and motor fuel inspection. 25 DEPARTMENT OF NATURAL RESOURCES. For the department of 26 natural resources, moneys are appropriated from the general 27 fund in order to support its divisions. 28 The bill makes appropriations from other funds. The bill 29 appropriates moneys to the department of natural resources from 30 the state fish and game protection fund to support programs 31 related to fish and wildlife. The bill appropriates moneys 32 from the groundwater protection fund to support groundwater 33 quality. The bill appropriates moneys from the snowmobile fund 34 to the department for snowmobile programs. 35 -11- LSB 5097XG (9) 83 da/tm 11/ 12
S.F. _____ H.F. _____ The bill includes miscellaneous provisions. An 1 appropriation is made from the unassigned revenue fund 2 administered by the Iowa comprehensive underground storage 3 tank fund board to the department of natural resources for 4 administration and expenses of the underground storage tank 5 section. 6 The bill provides that the department of natural 7 resources may use additional funds for staffing to reduce the 8 department’s floodplain permit backlog and implementing the 9 federal maximum daily load program. 10 ENVIRONMENT FIRST FUND —— GENERAL APPROPRIATIONS. The 11 bill appropriates funding from the environment first fund to 12 the department of agriculture and land stewardship and the 13 department of natural resources to support a number of programs 14 and projects. The bill appropriates moneys for state park 15 maintenance and operations, including moneys allocated to the 16 Honey creek premier destination park authority to support 17 its bonding program. Nonreversion clauses authorize the 18 appropriations made in this division to be carried forward into 19 the succeeding fiscal year and allows the appropriation for 20 permanent soil and water conservation practices to be available 21 through fiscal year 2013-2014. 22 ENVIRONMENT FIRST FUND —— RESOURCE ENHANCEMENT AND 23 PROTECTION. The bill appropriates moneys from the environment 24 first fund to the resources enhancement and protection fund 25 in lieu of the $20 million appropriated by statute from the 26 general fund of the state. 27 -12- LSB 5097XG (9) 83 da/tm 12/ 12