Senate File 386 - Introduced SENATE FILE 386 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SF 53) A BILL FOR An Act relating to disaster mitigation and predisaster 1 planning by providing for comprehensive watershed management 2 planning, creating a watershed management grant program, 3 providing floodplain management regulation incentives, 4 creating a predisaster hazard mitigation grant program, and 5 making appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1190SV (1) 84 tm/sc

S.F. 386 DIVISION I 1 COMPREHENSIVE WATERSHED 2 MANAGEMENT PLANNING 3 Section 1. NEW SECTION . 455B.263A Flood water reduction 4 planning. 5 1. In consultation with stakeholders representing 6 agriculture, local governments, environmental interests, 7 recreational interests, federal agencies, and any other related 8 interests, the department shall do all of the following: 9 a. Establish goals for reducing future flood damage through 10 the holding of flood waters measured in acre-feet of water 11 held. 12 b. Identify strategies for achieving flood water reduction 13 goals for at least six basins in the state and at least three 14 major river regions. 15 c. Identify specific flood water reduction projects that 16 can be implemented and the time frame for implementing such 17 projects. 18 d. Identify private, local, and federal funding sources for 19 flood water reduction projects and strategies. 20 e. Identify suggested land use strategies to avoid 21 identified flood hazards. 22 f. Identify agencies or entities within a basin or major 23 river region that will be responsible for implementing and 24 updating flood water reduction plans within each basin and 25 major river region. 26 Sec. 2. NEW SECTION . 455B.283 Comprehensive watershed 27 management planning —— appropriation. 28 For the fiscal period beginning July 1, 2011, and ending 29 June 30, 2021, there is appropriated each fiscal year from 30 the general fund of the state to the department of natural 31 resources three million dollars for purposes of comprehensive 32 watershed management planning for at least six basins in the 33 state and at least three major river regions as determined by 34 the department. The department shall prioritize the planning 35 -1- LSB 1190SV (1) 84 tm/sc 1/ 12

S.F. 386 for the basins and major river regions based on flood risk, 1 opportunity for improvement, and interest in planning from 2 entities within the basin or major river region. However, all 3 planning for at least six basins and at least three major river 4 regions shall be completed by June 30, 2021. 5 Sec. 3. WATER RESOURCES COORDINATING COUNCIL —— STUDIES. 6 1. The water resources coordinating council established 7 pursuant to section 466B.3 shall assess state programs and 8 funding for watershed management purposes for the effectiveness 9 of the programs in reducing flood damage and improving water 10 quality and the geographic distribution of funding. By 11 November 15, 2011, the council shall submit a report to the 12 general assembly detailing the council’s findings, conclusions, 13 and recommendations for future action. 14 2. The water resources coordinating council shall analyze 15 and assess incentives for landowners and developers in both 16 rural and urban settings to retain flood water on their 17 property. The incentives to be examined shall include but 18 not be limited to bounties for retention of flood water, 19 property tax incentives, and tradeable permits. By November 20 15, 2011, the council shall submit a report to the general 21 assembly detailing the council’s findings, conclusions, and 22 recommendations for future action. 23 DIVISION II 24 WATERSHED MANAGEMENT 25 GRANT PROGRAM 26 Sec. 4. NEW SECTION . 466B.41 Watershed management grant 27 program and fund —— appropriation. 28 1. The department of natural resources shall establish a 29 watershed management grant program for purposes of providing 30 financial assistance for voluntary watershed management 31 projects. The department shall provide administrative 32 assistance and support to the watershed management grant board 33 established in subsection 2. 34 2. A watershed management grant board is established 35 -2- LSB 1190SV (1) 84 tm/sc 2/ 12

S.F. 386 consisting of the following members: 1 a. The director of the department of natural resources or 2 the director’s designee. 3 b. The secretary of agriculture or the secretary’s designee. 4 c. The administrator of the homeland security and emergency 5 management division of the department of public defense or the 6 administrator’s designee. 7 d. One member selected by the Iowa flood center at the 8 university of Iowa. 9 e. One member selected by the center for energy and 10 environmental education at the university of northern Iowa. 11 f. One member selected by the water center at Iowa state 12 university of science and technology. 13 g. The governor shall appoint the following members: 14 (1) One member representing agricultural producers. 15 (2) One member representing county conservation boards. 16 (3) One member representing soil and water conservation 17 districts. 18 (4) One member representing city governments. 19 (5) One member representing environmental interests. 20 3. All member appointments made pursuant to subsection 2, 21 paragraph “g” , shall comply with sections 69.16, 69.16A, and 22 69.16C, and shall be subject to confirmation by the senate. 23 All members appointed pursuant to subsection 2, paragraph “g” , 24 shall be appointed to three-year staggered terms, and the terms 25 shall commence and end as provided by section 69.19. If a 26 vacancy occurs, a successor shall be appointed to serve the 27 unexpired term. A successor shall be appointed in the same 28 manner and subject to the same qualifications as the original 29 appointment. During the first meeting of each new fiscal year, 30 the board shall elect one member to serve as the chairperson. 31 A majority of the board constitutes a quorum. 32 4. The watershed management grant board shall meet at least 33 twice a year for purposes of considering applications and 34 awarding financial assistance under the watershed management 35 -3- LSB 1190SV (1) 84 tm/sc 3/ 12

S.F. 386 grant program. In making grant awards for watershed management 1 projects under the program, the board shall consider all of the 2 following criteria: 3 a. The project must be designed to hold a demonstrable 4 amount of water during flood events measured in acre-feet of 5 water. 6 b. The project must be a voluntary project that does not 7 involve condemnation of property. 8 c. Additional consideration shall be given to applications 9 that contain any of the following: 10 (1) Projects identified or recognized through comprehensive 11 watershed management plans. 12 (2) Projects that leverage federal moneys through programs 13 including but not limited to the federal wetland reserve 14 program, the federal emergency watershed protection program, 15 the federal farm and ranch lands protection program, and the 16 federal conservation reserve program. 17 (3) Projects that leverage private or local moneys. 18 5. A watershed management grant program fund is created 19 in the state treasury under the control of the department of 20 natural resources and consisting of any moneys appropriated 21 by the general assembly and any other moneys available to and 22 obtained or accepted by the department for placement in the 23 fund. The fund shall be used to provide grants under the 24 watershed management grant program established in this section. 25 Moneys in the fund are not subject to section 8.33 and shall 26 not be transferred, used, obligated, appropriated, or otherwise 27 encumbered except as provided in this section. 28 6. For the fiscal period beginning July 1, 2011, and ending 29 June 30, 2021, there is appropriated each fiscal year from the 30 general fund to the department of natural resources thirty 31 million dollars for deposit in the watershed management grant 32 program fund. 33 7. The department of natural resources shall adopt rules 34 pursuant to chapter 17A necessary for the administration of 35 -4- LSB 1190SV (1) 84 tm/sc 4/ 12

S.F. 386 this subchapter. 1 DIVISION III 2 MISCELLANEOUS APPROPRIATIONS 3 Sec. 5. NEW SECTION . 161C.8 Technical assistance. 4 For the fiscal period beginning July 1, 2011, and ending 5 June 30, 2021, there is appropriated each fiscal year from 6 the general fund to the department of agriculture and land 7 stewardship four million two hundred thousand dollars for 8 purposes of providing watershed project technical assistance. 9 Assistance may be provided to landowners, soil and water 10 conservation districts, county conservation boards, and the 11 department of natural resources. 12 Sec. 6. NEW SECTION . 455B.284 Floodplain management —— 13 appropriation. 14 1. For the fiscal period beginning July 1, 2011, and ending 15 June 30, 2021, there is appropriated each fiscal year from the 16 general fund to the department of natural resources two million 17 dollars for purposes of floodplain management activities. 18 2. For the fiscal period beginning July 1, 2011, and 19 ending June 30, 2021, there is appropriated each fiscal year 20 from the general fund to the department of natural resources 21 fifty thousand dollars for purposes of providing a grant to 22 an organization for the establishment of a mentor network for 23 floodplain managers that fosters dialogue, education, and 24 technical support to floodplain managers to assist cities and 25 counties in the establishment of federally compliant floodplain 26 programs. The organization must be an organization by and 27 consisting of local floodplain managers. 28 Sec. 7. NEW SECTION . 466C.2 Appropriation. 29 For the fiscal period beginning July 1, 2011, and ending 30 June 30, 2021, there is appropriated each fiscal year from the 31 general fund to the state board of regents one million three 32 hundred thousand dollars for purposes of the Iowa flood center. 33 DIVISION IV 34 FLOODPLAIN MANAGEMENT 35 -5- LSB 1190SV (1) 84 tm/sc 5/ 12

S.F. 386 REGULATION INCENTIVES 1 Sec. 8. NEW SECTION . 29C.23 Local disaster planning. 2 1. The homeland security and emergency management division 3 of the department of public defense, in consultation with the 4 department of natural resources, shall educate cities and 5 counties regarding the community rating system of the national 6 flood insurance program of the federal emergency management 7 agency. 8 2. The homeland security and emergency management division 9 of the department of public defense shall provide state 10 matching funds in addition to matching funds provided under 11 section 29C.20, subsection 3, but not to exceed an additional 12 fifteen percent, to communities located within an area declared 13 to be a disaster area due to flooding in a declaration issued 14 by the president of the United States or the governor based on 15 the extent to which the community meets any of the following 16 criteria: 17 a. Adoption of exemplary floodplain management regulations 18 under the community rating system of the national flood 19 insurance program of the federal emergency management agency or 20 participation in a watershed management authority. 21 b. Participation in a comprehensive watershed management 22 planning process that has resulted in a completed comprehensive 23 watershed management plan. 24 c. Adoption of floodplain regulation at levels more 25 protective than the one hundred year floodplain. 26 d. Completion of projects to flood proof critical facilities 27 located within a five hundred year floodplain. 28 e. Adoption of soil restoration standards for development. 29 f. Adoption of storm water management standards equal to the 30 department of natural resources storm water management manual. 31 g. Adoption of superior predisaster hazard mitigation plans. 32 3. The homeland security and emergency management division 33 of the department of public defense shall adopt rules pursuant 34 to chapter 17A as necessary for the administration of this 35 -6- LSB 1190SV (1) 84 tm/sc 6/ 12

S.F. 386 section. 1 DIVISION V 2 PREDISASTER HAZARD 3 MITIGATION GRANT PROGRAM 4 Sec. 9. NEW SECTION . 29C.24 Predisaster hazard mitigation 5 grant program and fund —— appropriation. 6 1. The homeland security and emergency management 7 division of the department of public defense shall establish 8 a predisaster hazard mitigation grant program for purposes of 9 providing financial assistance for predisaster planning. The 10 division shall provide administrative assistance and support to 11 the predisaster hazard mitigation grant board established in 12 subsection 2. 13 2. A predisaster hazard mitigation grant board is 14 established consisting of the following members: 15 a. The director of the department of natural resources or 16 the director’s designee. 17 b. The director of the Iowa finance authority or the 18 director’s designee. 19 c. The administrator of the homeland security and emergency 20 management division of the department of public defense or the 21 administrator’s designee. 22 d. The director of the department of economic development or 23 the director’s designee. 24 e. The governor shall appoint the following members: 25 (1) One member representing city governments. 26 (2) One member representing county governments. 27 (3) Three members with expertise in finance, engineering, 28 or construction. 29 3. All member appointments made pursuant to subsection 2, 30 paragraph “e” , shall comply with sections 69.16, 69.16A, and 31 69.16C, and shall be subject to confirmation by the senate. 32 All members appointed pursuant to subsection 2, paragraph “e ”, 33 shall be appointed to three-year staggered terms and the terms 34 shall commence and end as provided by section 69.19. If a 35 -7- LSB 1190SV (1) 84 tm/sc 7/ 12

S.F. 386 vacancy occurs, a successor shall be appointed to serve the 1 unexpired term. A successor shall be appointed in the same 2 manner and subject to the same qualifications as the original 3 appointment. During the first meeting of each new fiscal year, 4 the board shall elect one member to serve as the chairperson. 5 A majority of the board constitutes a quorum. 6 4. The predisaster hazard mitigation grant board shall meet 7 at least twice a year for purposes of considering applications 8 and awarding financial assistance under the predisaster hazard 9 mitigation grant program to cities and counties. In making 10 grant awards under the program, the board shall consider all of 11 the following criteria: 12 a. The project must reduce projected damage from anticipated 13 future disasters. 14 b. The project must propose leveraging federal, local, or 15 private moneys. 16 5. A predisaster hazard mitigation grant program fund 17 is created in the state treasury under the control of the 18 department of natural resources and consisting of any moneys 19 appropriated by the general assembly and any other moneys 20 available to and obtained or accepted by the department for 21 placement in the fund. The fund shall be used to provide 22 grants under the predisaster hazard mitigation grant program 23 established in this section. Moneys in the fund are not 24 subject to section 8.33 and shall not be transferred, used, 25 obligated, appropriated, or otherwise encumbered except as 26 provided in this section. 27 6. For the fiscal period beginning July 1, 2011, and ending 28 June 30, 2021, there is appropriated each fiscal year from the 29 general fund to the homeland security and emergency management 30 division of the department of public defense twenty million 31 dollars for deposit in the predisaster hazard mitigation grant 32 program fund. 33 7. The homeland security and emergency management division 34 of the department of public defense shall adopt rules pursuant 35 -8- LSB 1190SV (1) 84 tm/sc 8/ 12

S.F. 386 to chapter 17A necessary for the administration of this 1 section. 2 EXPLANATION 3 This bill relates to disaster mitigation and predisaster 4 planning by providing for comprehensive watershed management 5 planning, creating a watershed management grant program, 6 providing floodplain management regulation incentives, creating 7 a predisaster hazard mitigation grant program, and making 8 appropriations. The bill is divided into divisions. 9 COMPREHENSIVE WATERSHED MANAGEMENT PLANNING. The division 10 requires the department of natural resources to consult with 11 certain stakeholders to establish goals for reducing future 12 flood damage through the holding of flood waters measured in 13 acre-feet of water held, to identify strategies for achieving 14 flood water reduction goals for at least six basins and at 15 least three major river regions, to identify specific flood 16 water reduction projects that can be implemented and the time 17 frame for implementing such projects, to identify private, 18 local, and federal funding sources for flood water reduction 19 projects and strategies, to identify suggested land use 20 strategies to avoid identified flood hazards, and to identify 21 certain agencies or entities to be responsible for implementing 22 and updating flood water reduction plans. 23 For the fiscal period beginning July 1, 2011, and ending 24 June 30, 2021, the division appropriates each fiscal year from 25 the general fund of the state to the department of natural 26 resources $3 million for purposes of comprehensive watershed 27 management planning for at least six basins in the state and 28 at least three major river regions. The bill requires the 29 planning to be prioritized based on certain criteria. 30 The division requires the water resources coordinating 31 council to submit two reports to the general assembly by 32 November 15, 2011. The reports relate to an assessment of 33 state programs and funding for watershed management purposes 34 and an assessment of incentives for landowners and developers 35 -9- LSB 1190SV (1) 84 tm/sc 9/ 12

S.F. 386 in both the rural and urban settings to retain flood water on 1 their property. 2 WATERSHED MANAGEMENT GRANT PROGRAM. The division creates 3 a watershed management grant program and fund for purposes 4 of providing financial assistance for voluntary watershed 5 projects. Under the program, grants are awarded by a watershed 6 management grant board created in the division. The board is 7 required to meet at least twice a year and in making the awards 8 is required to consider certain criteria. The criteria include 9 that the project must be designed to hold a demonstrable amount 10 of water during flood events measured in acre-feet of water and 11 the project must be a voluntary project that does not involve 12 condemnation of property. Additional consideration is given 13 to applications that are identified or recognized through 14 comprehensive watershed management plans, that leverage certain 15 federal moneys, or that leverage private or local moneys. For 16 the fiscal period beginning July 1, 2011, and ending June 30, 17 2021, the division appropriates each fiscal year from the 18 general fund to the department of natural resources $30 million 19 for deposit in the watershed management grant program fund for 20 use under the program. The division requires the department of 21 natural resources to adopt administrative rules for the program 22 and requires the department to provide administrative support 23 to the board. 24 MISCELLANEOUS APPROPRIATIONS. For the fiscal period 25 beginning July 1, 2011, and ending June 30, 2021, the division 26 appropriates each fiscal year from the general fund to the 27 department of agriculture and land stewardship $4.2 million for 28 purposes of providing watershed project technical assistance 29 to landowners, soil and water conservation districts, county 30 conservation boards, and the department of natural resources. 31 For the fiscal period beginning July 1, 2011, and ending June 32 30, 2021, the division appropriates each fiscal year from the 33 general fund to the department of natural resources $2 million 34 for purposes of floodplain management activities. 35 -10- LSB 1190SV (1) 84 tm/sc 10/ 12

S.F. 386 For the fiscal period beginning July 1, 2011, and ending 1 June 30, 2021, the division appropriates each fiscal year from 2 the general fund to the department of natural resources $50,000 3 for purposes of providing a grant to an organization for the 4 establishment of a mentor network for floodplain managers 5 that fosters dialogue, education, and technical support to 6 floodplain managers to assist cities and counties in the 7 establishment of federally compliant floodplain programs. 8 For the fiscal period beginning July 1, 2011, and ending 9 June 30, 2021, the division appropriates each fiscal year from 10 the general fund to the state board of regents $1.3 million for 11 purposes of the Iowa flood center. 12 FLOODPLAIN MANAGEMENT REGULATION INCENTIVES. The division 13 requires the homeland security and emergency management 14 division of the department of public defense, in consultation 15 with the department of natural resources, to educate cities 16 and counties regarding the community rating system of the 17 national flood insurance program of the federal emergency 18 management agency. The division requires the homeland security 19 and emergency management division to provide state matching 20 moneys in addition to certain other matching funds, but not to 21 exceed an additional 15 percent, to communities within an area 22 declared to be a disaster area due to flooding in a declaration 23 issued by the president of the United States or the governor 24 when the community meets one of several listed criteria. 25 PREDISASTER HAZARD MITIGATION GRANT PROGRAM. The division 26 requires the homeland security and emergency management 27 division of the department of public defense to establish a 28 predisaster hazard mitigation grant program for purposes of 29 providing financial assistance for predisaster planning. The 30 division creates a predisaster hazard mitigation grant board 31 that is required to meet at least twice a year for purposes of 32 considering grant applications. In making grant awards under 33 the program, the board is required to consider projects that 34 must reduce projected damage from anticipated future disasters 35 -11- LSB 1190SV (1) 84 tm/sc 11/ 12

S.F. 386 and propose leveraging federal, local, and private moneys. 1 For the fiscal period beginning July 1, 2011, and ending June 2 30, 2021, the division appropriates each fiscal year from the 3 general fund to the homeland security and emergency management 4 division $20 million for deposit in the predisaster hazard 5 mitigation grant program fund for use under the program. The 6 homeland security and emergency management division is required 7 to adopt administrative rules for purposes of the program and 8 to provide administrative support to the board. 9 -12- LSB 1190SV (1) 84 tm/sc 12/ 12