House File 643 - Introduced HOUSE FILE 643 BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 148) (COMPANION TO LSB 2483SV BY COMMITTEE ON AGRICULTURE) A BILL FOR An Act relating to environmental protection, by transferring 1 certain powers and duties to the department of agriculture 2 and land stewardship, providing an appropriation, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2691HV (2) 84 da/nh

H.F. 643 DIVISION I 1 WATER RESOURCES COORDINATING COUNCIL 2 Section 1. Section 466B.2, subsection 2, Code 2011, is 3 amended by striking the subsection. 4 Sec. 2. Section 466B.3, subsection 1, Code 2011, is amended 5 to read as follows: 6 1. Council established. A water resources coordinating 7 council is established within the office of the governor 8 department of agriculture and land stewardship . 9 Sec. 3. Section 466B.3, subsection 4, paragraph c, Code 10 2011, is amended by striking the paragraph. 11 Sec. 4. Section 466B.3, subsection 4, paragraph l, 12 unnumbered paragraph 1, Code 2011, is amended to read as 13 follows: 14 The governor secretary , who shall be the chairperson, or 15 the governor’s secretary’s designee. As the chairperson, 16 and in order to further the coordination efforts of the 17 council, the governor secretary may invite representatives 18 from any other public agency, private organization, business, 19 citizen group, or nonprofit entity to give public input at 20 council meetings, provided the entity has an interest in the 21 coordinated management of land resources, soil conservation, 22 flood mitigation, or water quality. The governor secretary 23 shall also invite and solicit advice from the following: 24 Sec. 5. Section 466B.3, subsection 5, paragraph a, Code 25 2011, is amended to read as follows: 26 a. The council shall be convened by the office of the 27 governor secretary of agriculture at least quarterly. 28 Sec. 6. Section 466B.3, subsection 6, paragraph c, Code 29 2011, is amended to read as follows: 30 c. The council shall develop recommendations for policies 31 and funding promoting a watershed management approach to 32 reduce the adverse impact of future flooding on this state’s 33 residents, businesses, communities, and soil and water quality. 34 Policy and funding recommendations shall be submitted to the 35 -1- LSB 2691HV (2) 84 da/nh 1/ 11

H.F. 643 governor and the general assembly not later than November 1 15, 2009. The council shall consider policies and funding 2 options for various strategies to reduce the impact of 3 flooding including but not limited to additional floodplain 4 regulation; wetland protection, restoration, and construction; 5 the promulgation and implementation of statewide storm water 6 management standards; conservation easements and other land 7 management; perennial ground cover and other agricultural 8 conservation practices; pervious pavement, bioswales, and 9 other urban conservation practices; and permanent or temporary 10 water retention structures. In developing recommendations, 11 the council shall consult with hydrological and land use 12 experts, representatives of cities, counties, drainage and 13 levee districts, agricultural interests, and soil and water 14 conservation districts, and other urban and regional planning 15 experts. 16 Sec. 7. Section 466B.5, Code 2011, is amended to read as 17 follows: 18 466B.5 Regional watershed assessment, planning, and 19 prioritization. 20 1. Regional watershed assessment program. The department of 21 natural resources shall create a regional watershed assessment 22 program. The program shall assess all the regional watersheds 23 in the state. 24 a. The statewide assessment shall be conducted at the rate 25 of approximately one-fifth of the watersheds per year, and an 26 initial full assessment shall be completed within five years. 27 Thereafter, the department of natural resources shall review 28 and update the assessments on a regular basis. 29 b. Each regional watershed assessment shall provide a 30 summary of the overall condition of the watershed. The 31 information provided in the summary may include land use 32 patterns, soil types, slopes, management practices, stream 33 conditions, and both point and nonpoint source impairments. 34 c. In conducting a regional watershed assessment, the 35 -2- LSB 2691HV (2) 84 da/nh 2/ 11

H.F. 643 department of natural resources may provide opportunities for 1 local data collection and input into the assessment process. 2 2. Planning and prioritization. In conducting the regional 3 watershed assessment program, the department of natural 4 resources shall provide hydrological and geological information 5 sufficient for the water resources coordinating council to 6 prioritize watersheds statewide and for the various communities 7 in those watersheds to plan remedial efforts in their local 8 communities and subwatersheds. 9 3. Report to council. Upon completion of the statewide 10 assessment, and upon updating the assessments, the department 11 of natural resources shall report the results of the assessment 12 to the council and the general assembly, and shall make the 13 report publicly available. 14 Sec. 8. Section 466B.6, subsection 1, Code 2011, is amended 15 to read as follows: 16 1. Facilitation of community-based subwatershed plans. After 17 the department’s department of natural resources’ completion 18 of the initial regional watershed assessment, and after the 19 council’s prioritization of the regional watersheds, the 20 council shall designate one or more of the agencies represented 21 on the council to facilitate the development and implementation 22 of local, community-based subwatershed improvement plans. 23 Sec. 9. Section 466B.7, Code 2011, is amended to read as 24 follows: 25 466B.7 Community-based subwatershed monitoring. 26 1. Monitoring assistance. After completion of the 27 statewide regional watershed assessment and prioritization, 28 and throughout the implementation of local community-based 29 subwatershed improvement plans, the department of natural 30 resources shall assist communities with the monitoring and 31 measurement of local subwatersheds. The monitoring and 32 measurement shall be designed for the particular needs of 33 individual communities. 34 2. Data collection and use. Local communities in which 35 -3- LSB 2691HV (2) 84 da/nh 3/ 11

H.F. 643 the department of natural resources conducts subwatershed 1 monitoring shall use the information to support subwatershed 2 planning activities, do local data collection, and identify 3 priority areas needing additional resources. Local communities 4 shall also collect data over time and use the data to evaluate 5 the impacts of their management efforts. 6 Sec. 10. Section 466B.8, Code 2011, is amended to read as 7 follows: 8 466B.8 Wastewater and storm water infrastructure assessment. 9 The department of natural resources shall assess and 10 prioritize communities within a watershed presenting the 11 greatest level of risk to water quality and the health of 12 residents. This prioritization shall include both sewered and 13 unsewered communities. 14 Sec. 11. Section 466B.9, Code 2011, is amended to read as 15 follows: 16 466B.9 Rulemaking authority. 17 The department of natural resources and the department 18 of agriculture and land stewardship shall have the power and 19 authority reasonably necessary to carry out the duties imposed 20 by this chapter . As to the department of natural resources , 21 this includes rulemaking authority to carry out the regional 22 watershed assessment program described in section 466B.5 . As 23 to the department of agriculture and land stewardship, this 24 includes rulemaking authority to assist in the implementation 25 of community-based subwatershed improvement plans. 26 DIVISION II 27 WATER QUALITY PROTECTION 28 Sec. 12. Section 161A.4, subsection 2, Code 2011, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . j. To provide state administration of 31 section 319 of the federal Clean Water Act as defined in 32 section 455B.291. The department of natural resources shall 33 provide assistance in the preparation of the report required 34 pursuant to 33 U.S.C. § 1329. 35 -4- LSB 2691HV (2) 84 da/nh 4/ 11

H.F. 643 Sec. 13. Section 161C.4, subsection 2, Code 2011, is amended 1 to read as follows: 2 2. The fund shall be divided into two three accounts, 3 the water quality protection projects account , and the water 4 protection practices account , and the clean water account . 5 a. The first water quality protection projects account 6 shall be used to carry out water quality protection projects 7 to protect the state’s surface and groundwater from point and 8 nonpoint sources of contamination. 9 b. The second water protection practices account shall be 10 used to establish water protection practices with individual 11 landowners including but not limited to woodland establishment 12 and protection, establishment of native grasses and forbs, 13 sinkhole management, agricultural drainage well management, 14 streambank stabilization, grass waterway establishment, stream 15 buffer strip establishment, and erosion control structure 16 construction. Twenty-five percent of funds appropriated to 17 the water protection practices account shall be used for 18 woodland establishment and protection, and establishment of 19 native grasses and forbs. Soil and water conservation district 20 commissioners shall give priority to applications for practices 21 that implement their soil and water resource conservation plan. 22 c. The clean water account shall be used for purposes of 23 administering section 319 of the federal Clean Water Act as 24 defined in section 455B.291. Any moneys appropriated by the 25 general assembly for purposes of providing state administration 26 of section 319 of the federal Clean Water Act as defined in 27 section 455B.291 and any other moneys available to and obtained 28 or accepted by the division for such purposes shall be credited 29 to the clean water account. 30 Sec. 14. Section 455B.193, Code 2011, is amended to read as 31 follows: 32 455B.193 Qualifications for collection of credible data. 33 For purposes of this part, all of the following shall apply: 34 1. Data is not credible data unless the data originates 35 -5- LSB 2691HV (2) 84 da/nh 5/ 11

H.F. 643 from studies and samples collected by the department of 1 natural resources or the department of agriculture and land 2 stewardship , a professional designee of the department one of 3 the departments , or a qualified volunteer. For purposes of 4 this subsection , “professional designee” includes governmental 5 agencies other than one of the department departments , and a 6 person hired by, or under contract for compensation with , one 7 of the department departments to collect or study data. 8 2. All information submitted by a qualified volunteer shall 9 be reviewed and approved or disapproved by the department of 10 natural resources or the department of agriculture and land 11 stewardship . The qualified volunteer shall submit a site 12 specific plan with data which includes information used to 13 obtain the data, the sampling and analysis plan, and quality 14 control and quality assurance procedures used in the monitoring 15 process. The qualified volunteer must provide proof to the 16 applicable department that the water monitoring plan was 17 followed. The applicable department shall review all data 18 collected by a qualified volunteer, verify the accuracy of the 19 data collected by a qualified volunteer, and determine that all 20 components of the water monitoring plan were followed. 21 3. The department of natural resources and the department of 22 agriculture and land stewardship shall retain all information 23 submitted by a qualified volunteer submitting the information 24 for a period of not less than ten years from the date of receipt 25 by the department. All information submitted shall be a public 26 record. 27 4. The department of natural resources and the department of 28 agriculture and land stewardship shall adopt rules establishing 29 requirements for a person to become a qualified volunteer. 30 5. The department of natural resources and the department of 31 agriculture and land stewardship shall develop a methodology 32 for water quality assessments as used in the section 303(d) 33 lists and assess the validity of the data. 34 Sec. 15. Section 455B.194, subsection 1, unnumbered 35 -6- LSB 2691HV (2) 84 da/nh 6/ 11

H.F. 643 paragraph 1, Code 2011, is amended to read as follows: 1 The department of natural resources and the department of 2 agriculture and land stewardship shall use credible data when 3 doing any of the following: 4 Sec. 16. Section 455B.195, subsection 1, paragraphs e 5 through i, Code 2011, are amended to read as follows: 6 e. If a pollutant causing an impairment is unknown, the 7 water of the state may be placed on a section 303(d) list. 8 However, the department of natural resources or the department 9 of agriculture and land stewardship, as applicable, shall 10 continue to monitor the water of the state to determine the 11 cause of impairment before a total maximum daily load is 12 established for the water of the state and a water of the state 13 listed with an unknown status shall retain a low priority for 14 a total maximum daily load development until the cause of the 15 impairment is determined unless the either department, after 16 taking into consideration the use of the water of the state and 17 the severity of the pollutant, identifies compelling reasons as 18 to why the water of the state should not have a low priority. 19 f. When evaluating the waters of the state, the department 20 of natural resources and the department of agriculture and land 21 stewardship, as applicable, shall develop and maintain three 22 separate listings including a section 303(d) list, a section 23 305(b) report, and a listing for which further investigative 24 monitoring is necessary. The section 305(b) report shall be 25 a summary of all potential impairments for which credible 26 data is not required. If credible data is not required for a 27 section 305(b) report, the placement of a water of the state 28 on any section 305(b) report alone is not sufficient evidence 29 for the water of the state’s placement on any section 303(d) 30 list. When developing a section 303(d) list, the department 31 is departments are not required to use all data, but the 32 department shall assemble and evaluate all existing and readily 33 available water quality-related data and information. The 34 department departments shall provide documentation to the 35 -7- LSB 2691HV (2) 84 da/nh 7/ 11

H.F. 643 regional administrator of the federal environmental protection 1 agency to support the state’s determination to list or not to 2 list its waters. 3 g. The department of natural resources and the department 4 of agriculture and land stewardship, as applicable, shall take 5 into consideration any naturally occurring condition when 6 placing or removing any water of the state on any section 7 303(d) list, and establishing or allocating responsibility for 8 a total maximum daily load. 9 h. Numerical standards shall have a preference over 10 narrative standards. A narrative standard shall not constitute 11 the basis for determining an impairment unless the department 12 of natural resources and the department of agriculture and land 13 stewardship, as applicable, identifies specific factors as to 14 why a numeric standard is not sufficient to assure adequate 15 water quality. 16 i. If the department of natural resources and the department 17 of agriculture and land stewardship, as applicable, has 18 obtained credible data for a water of the state, the department 19 may also use historical data for that particular water of the 20 state for the purpose of determining whether any trends exist 21 for that water of the state. 22 Sec. 17. Section 455B.195, subsection 2, Code 2011, is 23 amended to read as follows: 24 2. This section shall not be construed to require or 25 authorize the department of natural resources or the department 26 of agriculture and land stewardship to perform any act listed 27 in section 455B.194, subsection 1 , not otherwise required or 28 authorized by applicable law. 29 Sec. 18. Section 455B.195, Code 2011, is amended by adding 30 the following new subsections: 31 NEW SUBSECTION . 3. The division of soil conservation of the 32 department of agriculture and land stewardship shall implement 33 total maximum daily loads assigned to nonpoint sources and 34 agricultural sources through voluntary programs. The division 35 -8- LSB 2691HV (2) 84 da/nh 8/ 11

H.F. 643 shall implement waste load allocations assigned to agricultural 1 sources or concentrated animal feeding operations if such 2 sources are required to obtain a national pollutant discharge 3 elimination system permit. The department of natural resources 4 shall implement all other waste load allocations. 5 NEW SUBSECTION . 4. The division of soil conservation 6 of the department of agriculture and land stewardship shall 7 develop and implement a water quality management plan required 8 by 33 U.S.C. § 1329 as it relates to total maximum daily 9 loads, nonpoint sources, agricultural sources, and effluent 10 limitations for concentrated animal feeding operations. 11 The department of agriculture and land stewardship and the 12 department of natural resources shall jointly submit water 13 quality management plans to the United States environmental 14 protection agency. 15 Sec. 19. ENVIRONMENT FIRST FUND APPROPRIATION. There is 16 appropriated from the environment first fund created in section 17 8.57A to the soil conservation division of the department of 18 agriculture and land stewardship for the fiscal year beginning 19 July 1, 2012, and ending June 30, 2013, the following amount, 20 or so much thereof as is necessary, to be used for the purposes 21 designated: 22 For water quality monitoring, including salaries, support, 23 maintenance, and miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,955,000 25 Sec. 20. TRANSITIONAL PROVISIONS. 26 1. The department of natural resources shall cooperate 27 with the department of agriculture and land stewardship to 28 assist in the transfer of powers and duties to the department 29 of agriculture and land stewardship, as provided in sections 30 455B.193 through 455B.195, as amended by this Act. 31 2. By August 1, 2011, the department of natural resources 32 shall provide the department of agriculture and land 33 stewardship with copies of any outstanding contracts relating 34 to the administration of any duties addressed in this Act. 35 -9- LSB 2691HV (2) 84 da/nh 9/ 11

H.F. 643 3. The department of natural resources shall assign and the 1 department of agriculture and land stewardship shall assume all 2 outstanding contracts entered into by the department of natural 3 resources and the United States environmental protection agency 4 related to the use of moneys for purposes of section 319 of the 5 federal Clean Water Act, total maximum daily load development 6 and nonpoint source management plans. Contracts related to 7 enforcement or enforcement investigation are not included under 8 this subsection. 9 Sec. 21. EFFECTIVE DATES. 10 1. This division of this Act takes effect July 1, 2011, 11 except as provided in subsection 2. 12 2. The sections of this division amending sections 161A.4 13 and 161C.4 take effect November 1, 2011. 14 3. The sections of this division amending sections 455B.193 15 through 455B.195 take effect November 1, 2012. 16 EXPLANATION 17 GENERAL. This bill amends provisions relating to water 18 protection programs in this state, including by providing 19 for the administration of the programs by the department of 20 natural resources and the department of agriculture and land 21 stewardship. 22 WATER RESOURCES COORDINATING COUNCIL. The bill amends Code 23 chapter 466B which currently provides for the protection of 24 surface water in this state by establishing a water resources 25 coordinating council within the office of the governor. The 26 council includes members representing a number of heads of 27 state agencies as well as the deans of colleges of board 28 of regents institutions. The council is responsible for 29 coordinating governmental efforts to improve water quality 30 in an efficient and fiscally responsible manner. The bill 31 transfers the council from the office of the governor to the 32 secretary of agriculture, and provides that the secretary 33 of agriculture and not the governor serves as the council’s 34 chairperson. A number of provisions in the Code chapter refer 35 -10- LSB 2691HV (2) 84 da/nh 10/ 11

H.F. 643 to the department of natural resources as simply “department”. 1 The bill includes the full name of the department, but does not 2 change its powers or duties. 3 FEDERAL CLEAN WATER ACT —— TRANSFER OF CERTAIN POWERS 4 AND DUTIES. The bill provides for the administration of 5 responsibilities involving section 319 of the federal Clean 6 Water Act, including by transferring powers and duties from 7 the department of natural resources to the department of 8 agriculture and land stewardship. It establishes an account 9 for moneys used to administer the nonpoint source program under 10 the control of the soil conservation division of the department 11 of agriculture and land stewardship. 12 The bill provides for the compilation of credible data by 13 the two departments when monitoring water quality in the state, 14 including establishing the total maximum daily load for any 15 water of the state. The bill authorizes the division of soil 16 conservation to implement total maximum daily loads assigned 17 to nonpoint sources and agricultural sources, and to develop 18 and implement a water quality management plan. A total maximum 19 daily load is the maximum amount of a pollutant that a water 20 body may receive and still meet the state’s water quality 21 standards. 22 The bill appropriates moneys from the environment first fund 23 to the soil conservation division for purposes of water quality 24 monitoring. 25 The bill includes transitional provisions requiring 26 the department of natural resources to cooperate with the 27 department of agriculture and land stewardship to assist 28 in the transfers of powers and duties to the department of 29 agriculture and land stewardship, including the assignment of 30 all outstanding contracts. 31 The bill includes a number of effective date provisions 32 which require that the transition be complete by November 1, 33 2012. 34 -11- LSB 2691HV (2) 84 da/nh 11/ 11