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 planning by providing for comprehensive watershed management planning, creating a watershed management grant program, providing floodplain management regulation incentives, creating a predisaster hazard mitigation grant program, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

COMPREHENSIVE WATERSHED

MANAGEMENT PLANNING
   Section 1.  NEW SECTION.  455B.263A  Flood water reduction planning.
   1.  In consultation with stakeholders representing agriculture, local governments, environmental interests, recreational interests, federal agencies, and any other related interests, the department shall do all of the following:
   a.  Establish goals for reducing future flood damage through the holding of flood waters measured in acre-feet of water held.
   b.  Identify strategies for achieving flood water reduction goals for at least six basins in the state and at least three major river regions.
   c.  Identify specific flood water reduction projects that can be implemented and the time frame for implementing such projects.
   d.  Identify private, local, and federal funding sources for flood water reduction projects and strategies.
   e.  Identify suggested land use strategies to avoid identified flood hazards.
   f.  Identify agencies or entities within a basin or major river region that will be responsible for implementing and updating flood water reduction plans within each basin and major river region.
   Sec. 2.  NEW SECTION.  455B.283  Comprehensive watershed management planning —— appropriation.
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund of the state to the department of natural resources three million dollars for purposes of comprehensive watershed management planning for at least six basins in the state and at least three major river regions as determined by the department. The department shall prioritize the planning for the basins and major river regions based on flood risk, opportunity for improvement, and interest in planning from entities within the basin or major river region. However, all planning for at least six basins and at least three major river regions shall be completed by June 30, 2021.
   Sec. 3.  WATER RESOURCES COORDINATING COUNCIL —— STUDIES.
   1.  The water resources coordinating council established pursuant to section 466B.3 shall assess state programs and funding for watershed management purposes for the effectiveness of the programs in reducing flood damage and improving water quality and the geographic distribution of funding. By November 15, 2011, the council shall submit a report to the general assembly detailing the council’s findings, conclusions, and recommendations for future action.
   2.  The water resources coordinating council shall analyze and assess incentives for landowners and developers in both rural and urban settings to retain flood water on their property. The incentives to be examined shall include but not be limited to bounties for retention of flood water, property tax incentives, and tradeable permits. By November 15, 2011, the council shall submit a report to the general assembly detailing the council’s findings, conclusions, and recommendations for future action.

DIVISION II

WATERSHED MANAGEMENT

GRANT PROGRAM
   Sec. 4.  NEW SECTION.  466B.41  Watershed management grant program and fund —— appropriation.
   1.  The department of natural resources shall establish a watershed management grant program for purposes of providing financial assistance for voluntary watershed management projects. The department shall provide administrative assistance and support to the watershed management grant board established in subsection 2.
   2.  A watershed management grant board is established consisting of the following members:
   a.  The director of the department of natural resources or the director’s designee.
   b.  The secretary of agriculture or the secretary’s designee.
   c.  The administrator of the homeland security and emergency management division of the department of public defense or the administrator’s designee.
   d.  One member selected by the Iowa flood center at the university of Iowa.
   e.  One member selected by the center for energy and environmental education at the university of northern Iowa.
   f.  One member selected by the water center at Iowa state university of science and technology.
   g.  The governor shall appoint the following members:
   (1)  One member representing agricultural producers.
   (2)  One member representing county conservation boards.
   (3)  One member representing soil and water conservation districts.
   (4)  One member representing city governments.
   (5)  One member representing environmental interests.
   3.  All member appointments made pursuant to subsection 2, paragraph “g”, shall comply with sections 69.16, 69.16A, and 69.16C, and shall be subject to confirmation by the senate. All members appointed pursuant to subsection 2, paragraph “g”, shall be appointed to three-year staggered terms, and the terms shall commence and end as provided by section 69.19. If a vacancy occurs, a successor shall be appointed to serve the unexpired term. A successor shall be appointed in the same manner and subject to the same qualifications as the original appointment. During the first meeting of each new fiscal year, the board shall elect one member to serve as the chairperson. A majority of the board constitutes a quorum.
   4.  The watershed management grant board shall meet at least twice a year for purposes of considering applications and awarding financial assistance under the watershed management grant program. In making grant awards for watershed management projects under the program, the board shall consider all of the following criteria:
   a.  The project must be designed to hold a demonstrable amount of water during flood events measured in acre-feet of water.
   b.  The project must be a voluntary project that does not involve condemnation of property.
   c.  Additional consideration shall be given to applications that contain any of the following:
   (1)  Projects identified or recognized through comprehensive watershed management plans.
   (2)  Projects that leverage federal moneys through programs including but not limited to the federal wetland reserve program, the federal emergency watershed protection program, the federal farm and ranch lands protection program, and the federal conservation reserve program.
   (3)  Projects that leverage private or local moneys.
   5.  A watershed management grant program fund is created in the state treasury under the control of the department of natural resources and consisting of any moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the department for placement in the fund. The fund shall be used to provide grants under the watershed management grant program established in this section. Moneys in the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section.
   6.  For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund to the department of natural resources thirty million dollars for deposit in the watershed management grant program fund.
   7.  The department of natural resources shall adopt rules pursuant to chapter 17A necessary for the administration of this subchapter.

DIVISION III

MISCELLANEOUS APPROPRIATIONS
   Sec. 5.  NEW SECTION.  161C.8  Technical assistance.
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund to the department of agriculture and land stewardship four million two hundred thousand dollars for purposes of providing watershed project technical assistance. Assistance may be provided to landowners, soil and water conservation districts, county conservation boards, and the department of natural resources.
   Sec. 6.  NEW SECTION.  455B.284  Floodplain management —— appropriation.
   1.  For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund to the department of natural resources two million dollars for purposes of floodplain management activities.
   2.  For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund to the department of natural resources fifty thousand dollars for purposes of providing a grant to an organization for the establishment of a mentor network for floodplain managers that fosters dialogue, education, and technical support to floodplain managers to assist cities and counties in the establishment of federally compliant floodplain programs. The organization must be an organization by and consisting of local floodplain managers.
   Sec. 7.  NEW SECTION.  466C.2  Appropriation.
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund to the state board of regents one million three hundred thousand dollars for purposes of the Iowa flood center.

DIVISION IV

FLOODPLAIN MANAGEMENT

REGULATION INCENTIVES
   Sec. 8.  NEW SECTION.  29C.23  Local disaster planning.
   1.  The homeland security and emergency management division of the department of public defense, in consultation with the department of natural resources, shall educate cities and counties regarding the community rating system of the national flood insurance program of the federal emergency management agency.
   2.  The homeland security and emergency management division of the department of public defense shall provide state matching funds in addition to matching funds provided under section 29C.20, subsection 3, but not to exceed an additional fifteen percent, to communities located within an area declared to be a disaster area due to flooding in a declaration issued by the president of the United States or the governor based on the extent to which the community meets any of the following criteria:
   a.  Adoption of exemplary floodplain management regulations under the community rating system of the national flood insurance program of the federal emergency management agency or participation in a watershed management authority.
   b.  Participation in a comprehensive watershed management planning process that has resulted in a completed comprehensive watershed management plan.
   c.  Adoption of floodplain regulation at levels more protective than the one hundred year floodplain.
   d.  Completion of projects to flood proof critical facilities located within a five hundred year floodplain.
   e.  Adoption of soil restoration standards for development.
   f.  Adoption of storm water management standards equal to the department of natural resources storm water management manual.
   g.  Adoption of superior predisaster hazard mitigation plans.
   3.  The homeland security and emergency management division of the department of public defense shall adopt rules pursuant to chapter 17A as necessary for the administration of this section.

DIVISION V

PREDISASTER HAZARD

MITIGATION GRANT PROGRAM
   Sec. 9.  NEW SECTION.  29C.24  Predisaster hazard mitigation grant program and fund —— appropriation.
   1.  The homeland security and emergency management division of the department of public defense shall establish a predisaster hazard mitigation grant program for purposes of providing financial assistance for predisaster planning. The division shall provide administrative assistance and support to the predisaster hazard mitigation grant board established in subsection 2.
   2.  A predisaster hazard mitigation grant board is established consisting of the following members:
   a.  The director of the department of natural resources or the director’s designee.
   b.  The director of the Iowa finance authority or the director’s designee.
   c.  The administrator of the homeland security and emergency management division of the department of public defense or the administrator’s designee.
   d.  The director of the department of economic development or the director’s designee.
   e.  The governor shall appoint the following members:
   (1)  One member representing city governments.
   (2)  One member representing county governments.
   (3)  Three members with expertise in finance, engineering, or construction.
   3.  All member appointments made pursuant to subsection 2, paragraph “e”, shall comply with sections 69.16, 69.16A, and 69.16C, and shall be subject to confirmation by the senate. All members appointed pursuant to subsection 2, paragraph “e”, shall be appointed to three-year staggered terms and the terms shall commence and end as provided by section 69.19. If a vacancy occurs, a successor shall be appointed to serve the unexpired term. A successor shall be appointed in the same manner and subject to the same qualifications as the original appointment. During the first meeting of each new fiscal year, the board shall elect one member to serve as the chairperson. A majority of the board constitutes a quorum.
   4.  The predisaster hazard mitigation grant board shall meet at least twice a year for purposes of considering applications and awarding financial assistance under the predisaster hazard mitigation grant program to cities and counties. In making grant awards under the program, the board shall consider all of the following criteria:
   a.  The project must reduce projected damage from anticipated future disasters.
   b.  The project must propose leveraging federal, local, or private moneys.
   5.  A predisaster hazard mitigation grant program fund is created in the state treasury under the control of the department of natural resources and consisting of any moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by the department for placement in the fund. The fund shall be used to provide grants under the predisaster hazard mitigation grant program established in this section. Moneys in the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section.
   6.  For the fiscal period beginning July 1, 2011, and ending June 30, 2021, there is appropriated each fiscal year from the general fund to the homeland security and emergency management division of the department of public defense twenty million dollars for deposit in the predisaster hazard mitigation grant program fund.
   7.  The homeland security and emergency management division of the department of public defense shall adopt rules pursuant to chapter 17A necessary for the administration of this section.
EXPLANATION
   This bill relates to disaster mitigation and predisaster planning by providing for comprehensive watershed management planning, creating a watershed management grant program, providing floodplain management regulation incentives, creating a predisaster hazard mitigation grant program, and making appropriations. The bill is divided into divisions.
   COMPREHENSIVE WATERSHED MANAGEMENT PLANNING. The division requires the department of natural resources to consult with certain stakeholders to establish goals for reducing future flood damage through the holding of flood waters measured in acre-feet of water held, to identify strategies for achieving flood water reduction goals for at least six basins and at least three major river regions, to identify specific flood water reduction projects that can be implemented and the time frame for implementing such projects, to identify private, local, and federal funding sources for flood water reduction projects and strategies, to identify suggested land use strategies to avoid identified flood hazards, and to identify certain agencies or entities to be responsible for implementing and updating flood water reduction plans. 
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund of the state to the department of natural resources $3 million for purposes of comprehensive watershed management planning for at least six basins in the state and at least three major river regions. The bill requires the planning to be prioritized based on certain criteria.
   The division requires the water resources coordinating council to submit two reports to the general assembly by November 15, 2011. The reports relate to an assessment of state programs and funding for watershed management purposes and an assessment of incentives for landowners and developers in both the rural and urban settings to retain flood water on their property.
   WATERSHED MANAGEMENT GRANT PROGRAM. The division creates a watershed management grant program and fund for purposes of providing financial assistance for voluntary watershed projects. Under the program, grants are awarded by a watershed management grant board created in the division. The board is required to meet at least twice a year and in making the awards is required to consider certain criteria. The criteria include that the project must be designed to hold a demonstrable amount of water during flood events measured in acre-feet of water and the project must be a voluntary project that does not involve condemnation of property. Additional consideration is given to applications that are identified or recognized through comprehensive watershed management plans, that leverage certain federal moneys, or that leverage private or local moneys. For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund to the department of natural resources $30 million for deposit in the watershed management grant program fund for use under the program. The division requires the department of natural resources to adopt administrative rules for the program and requires the department to provide administrative support to the board. 
   MISCELLANEOUS APPROPRIATIONS. For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund to the department of agriculture and land stewardship $4.2 million for purposes of providing watershed project technical assistance to landowners, soil and water conservation districts, county conservation boards, and the department of natural resources.
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund to the department of natural resources $2 million for purposes of floodplain management activities.
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund to the department of natural resources $50,000 for purposes of providing a grant to an organization for the establishment of a mentor network for floodplain managers that fosters dialogue, education, and technical support to floodplain managers to assist cities and counties in the establishment of federally compliant floodplain programs.
   For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund to the state board of regents $1.3 million for purposes of the Iowa flood center.
   FLOODPLAIN MANAGEMENT REGULATION INCENTIVES. The division requires the homeland security and emergency management division of the department of public defense, in consultation with the department of natural resources, to educate cities and counties regarding the community rating system of the national flood insurance program of the federal emergency management agency. The division requires the homeland security and emergency management division to provide state matching moneys in addition to certain other matching funds, but not to exceed an additional 15 percent, to communities within an area declared to be a disaster area due to flooding in a declaration issued by the president of the United States or the governor when the community meets one of several listed criteria. 
   PREDISASTER HAZARD MITIGATION GRANT PROGRAM. The division requires the homeland security and emergency management division of the department of public defense to establish a predisaster hazard mitigation grant program for purposes of providing financial assistance for predisaster planning. The division creates a predisaster hazard mitigation grant board that is required to meet at least twice a year for purposes of considering grant applications. In making grant awards under the program, the board is required to consider projects that must reduce projected damage from anticipated future disasters and propose leveraging federal, local, and private moneys. For the fiscal period beginning July 1, 2011, and ending June 30, 2021, the division appropriates each fiscal year from the general fund to the homeland security and emergency management division $20 million for deposit in the predisaster hazard mitigation grant program fund for use under the program. The homeland security and emergency management division is required to adopt administrative rules for purposes of the program and to provide administrative support to the board.