SENATE FILE 500

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SSB 1126)

(COMPANION TO LSB 2691HV BY COMMITTEE ON ENVIRONMENTAL PROTECTION)

A BILL FOR

An Act relating to environmental protection, by transferring certain powers and duties to the department of agriculture and land stewardship, providing an appropriation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

WATER RESOURCES COORDINATING COUNCIL
   Section 1.  Section 466B.2, subsection 2, Code 2011, is amended by striking the subsection.
   Sec. 2.  Section 466B.3, subsection 1, Code 2011, is amended to read as follows:
   1.  Council established.  A water resources coordinating council is established within the office of the governor department of agriculture and land stewardship.
   Sec. 3.  Section 466B.3, subsection 4, paragraph c, Code 2011, is amended by striking the paragraph.
   Sec. 4.  Section 466B.3, subsection 4, paragraph l, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The governor secretary, who shall be the chairperson, or the governor’s secretary’s designee. As the chairperson, and in order to further the coordination efforts of the council, the governor secretary may invite representatives from any other public agency, private organization, business, citizen group, or nonprofit entity to give public input at council meetings, provided the entity has an interest in the coordinated management of land resources, soil conservation, flood mitigation, or water quality. The governor secretary shall also invite and solicit advice from the following:
   Sec. 5.  Section 466B.3, subsection 5, paragraph a, Code 2011, is amended to read as follows:
   a.  The council shall be convened by the office of the governor secretary of agriculture at least quarterly.
   Sec. 6.  Section 466B.3, subsection 6, paragraph c, Code 2011, is amended to read as follows:
   c.  The council shall develop recommendations for policies and funding promoting a watershed management approach to reduce the adverse impact of future flooding on this state’s residents, businesses, communities, and soil and water quality. Policy and funding recommendations shall be submitted to the governor and the general assembly not later than November 15, 2009. The council shall consider policies and funding options for various strategies to reduce the impact of flooding including but not limited to additional floodplain regulation; wetland protection, restoration, and construction; the promulgation and implementation of statewide storm water management standards; conservation easements and other land management; perennial ground cover and other agricultural conservation practices; pervious pavement, bioswales, and other urban conservation practices; and permanent or temporary water retention structures. In developing recommendations, the council shall consult with hydrological and land use experts, representatives of cities, counties, drainage and levee districts, agricultural interests, and soil and water conservation districts, and other urban and regional planning experts.
   Sec. 7.  Section 466B.5, Code 2011, is amended to read as follows:
   466B.5  Regional watershed assessment, planning, and prioritization.
   1.  Regional watershed assessment program.  The department of natural resources shall create a regional watershed assessment program. The program shall assess all the regional watersheds in the state.
   a.  The statewide assessment shall be conducted at the rate of approximately one-fifth of the watersheds per year, and an initial full assessment shall be completed within five years. Thereafter, the department of natural resources shall review and update the assessments on a regular basis.
   b.  Each regional watershed assessment shall provide a summary of the overall condition of the watershed. The information provided in the summary may include land use patterns, soil types, slopes, management practices, stream conditions, and both point and nonpoint source impairments.
   c.  In conducting a regional watershed assessment, the department of natural resources may provide opportunities for local data collection and input into the assessment process.
   2.  Planning and prioritization.  In conducting the regional watershed assessment program, the department of natural resources shall provide hydrological and geological information sufficient for the water resources coordinating council to prioritize watersheds statewide and for the various communities in those watersheds to plan remedial efforts in their local communities and subwatersheds.
   3.  Report to council.  Upon completion of the statewide assessment, and upon updating the assessments, the department of natural resources shall report the results of the assessment to the council and the general assembly, and shall make the report publicly available.
   Sec. 8.  Section 466B.6, subsection 1, Code 2011, is amended to read as follows:
   1.  Facilitation of community-based subwatershed plans.  After the department’s department of natural resources’ completion of the initial regional watershed assessment, and after the council’s prioritization of the regional watersheds, the council shall designate one or more of the agencies represented on the council to facilitate the development and implementation of local, community-based subwatershed improvement plans.
   Sec. 9.  Section 466B.7, Code 2011, is amended to read as follows:
   466B.7  Community-based subwatershed monitoring.
   1.  Monitoring assistance.  After completion of the statewide regional watershed assessment and prioritization, and throughout the implementation of local community-based subwatershed improvement plans, the department of natural resources shall assist communities with the monitoring and measurement of local subwatersheds. The monitoring and measurement shall be designed for the particular needs of individual communities.
   2.  Data collection and use.  Local communities in which the department of natural resources conducts subwatershed monitoring shall use the information to support subwatershed planning activities, do local data collection, and identify priority areas needing additional resources. Local communities shall also collect data over time and use the data to evaluate the impacts of their management efforts.
   Sec. 10.  Section 466B.8, Code 2011, is amended to read as follows:
   466B.8  Wastewater and storm water infrastructure assessment.
   The department of natural resources shall assess and prioritize communities within a watershed presenting the greatest level of risk to water quality and the health of residents. This prioritization shall include both sewered and unsewered communities.
   Sec. 11.  Section 466B.9, Code 2011, is amended to read as follows:
   466B.9  Rulemaking authority.
   The department of natural resources and the department of agriculture and land stewardship shall have the power and authority reasonably necessary to carry out the duties imposed by this chapter. As to the department of natural resources, this includes rulemaking authority to carry out the regional watershed assessment program described in section 466B.5. As to the department of agriculture and land stewardship, this includes rulemaking authority to assist in the implementation of community-based subwatershed improvement plans.

DIVISION II

WATER QUALITY PROTECTION
   Sec. 12.  Section 161A.4, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  To provide state administration of section 319 of the federal Clean Water Act as defined in section 455B.291. The department of natural resources shall provide assistance in the preparation of the report required pursuant to 33 U.S.C. § 1329.
   Sec. 13.  Section 161C.4, subsection 2, Code 2011, is amended to read as follows:
   2.  The fund shall be divided into two three accounts, the water quality protection projects account,and the water protection practices account, and the clean water account.
   a.  The first water quality protection projects account shall be used to carry out water quality protection projects to protect the state’s surface and groundwater from point and nonpoint sources of contamination.
   b.  The second water protection practices account shall be used to establish water protection practices with individual landowners including but not limited to woodland establishment and protection, establishment of native grasses and forbs, sinkhole management, agricultural drainage well management, streambank stabilization, grass waterway establishment, stream buffer strip establishment, and erosion control structure construction. Twenty-five percent of funds appropriated to the water protection practices account shall be used for woodland establishment and protection, and establishment of native grasses and forbs. Soil and water conservation district commissioners shall give priority to applications for practices that implement their soil and water resource conservation plan.
   c.  The clean water account shall be used for purposes of administering section 319 of the federal Clean Water Act as defined in section 455B.291. Any moneys appropriated by the general assembly for purposes of providing state administration of section 319 of the federal Clean Water Act as defined in section 455B.291 and any other moneys available to and obtained or accepted by the division for such purposes shall be credited to the clean water account.
   Sec. 14.  Section 455B.193, Code 2011, is amended to read as follows:
   455B.193  Qualifications for collection of credible data.
   For purposes of this part, all of the following shall apply:
   1.  Data is not credible data unless the data originates from studies and samples collected by the department of natural resources or the department of agriculture and land stewardship, a professional designee of the department one of the departments, or a qualified volunteer. For purposes of this subsection,“professional designee” includes governmental agencies other than one of the department departments, and a person hired by, or under contract for compensation with, one of the department departments to collect or study data.
   2.  All information submitted by a qualified volunteer shall be reviewed and approved or disapproved by the department of natural resources or the department of agriculture and land stewardship. The qualified volunteer shall submit a site specific plan with data which includes information used to obtain the data, the sampling and analysis plan, and quality control and quality assurance procedures used in the monitoring process. The qualified volunteer must provide proof to the applicable department that the water monitoring plan was followed. The applicable department shall review all data collected by a qualified volunteer, verify the accuracy of the data collected by a qualified volunteer, and determine that all components of the water monitoring plan were followed.
   3.  The department of natural resources and the department of agriculture and land stewardship shall retain all information submitted by a qualified volunteer submitting the information for a period of not less than ten years from the date of receipt by the department. All information submitted shall be a public record.
   4.  The department of natural resources and the department of agriculture and land stewardship shall adopt rules establishing requirements for a person to become a qualified volunteer.
   5.  The department of natural resources and the department of agriculture and land stewardship shall develop a methodology for water quality assessments as used in the section 303(d) lists and assess the validity of the data.
   Sec. 15.  Section 455B.194, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The department of natural resources and the department of agriculture and land stewardship shall use credible data when doing any of the following:
   Sec. 16.  Section 455B.195, subsection 1, paragraphs e through i, Code 2011, are amended to read as follows:
   e.  If a pollutant causing an impairment is unknown, the water of the state may be placed on a section 303(d) list. However, the department of natural resources or the department of agriculture and land stewardship, as applicable, shall continue to monitor the water of the state to determine the cause of impairment before a total maximum daily load is established for the water of the state and a water of the state listed with an unknown status shall retain a low priority for a total maximum daily load development until the cause of the impairment is determined unless the either department, after taking into consideration the use of the water of the state and the severity of the pollutant, identifies compelling reasons as to why the water of the state should not have a low priority.
   f.  When evaluating the waters of the state, the department of natural resources and the department of agriculture and land stewardship, as applicable, shall develop and maintain three separate listings including a section 303(d) list, a section 305(b) report, and a listing for which further investigative monitoring is necessary. The section 305(b) report shall be a summary of all potential impairments for which credible data is not required. If credible data is not required for a section 305(b) report, the placement of a water of the state on any section 305(b) report alone is not sufficient evidence for the water of the state’s placement on any section 303(d) list. When developing a section 303(d) list, the department is departments are not required to use all data, butthe department shall assemble and evaluate all existing and readily available water quality-related data and information. The department departments shall provide documentation to the regional administrator of the federal environmental protection agency to support the state’s determination to list or not to list its waters.
   g.  The department of natural resources and the department of agriculture and land stewardship, as applicable, shall take into consideration any naturally occurring condition when placing or removing any water of the state on any section 303(d) list, and establishing or allocating responsibility for a total maximum daily load.
   h.  Numerical standards shall have a preference over narrative standards. A narrative standard shall not constitute the basis for determining an impairment unless the department of natural resources and the department of agriculture and land stewardship, as applicable, identifies specific factors as to why a numeric standard is not sufficient to assure adequate water quality.
   i.  If the department of natural resources and the department of agriculture and land stewardship, as applicable, has obtained credible data for a water of the state, the department may also use historical data for that particular water of the state for the purpose of determining whether any trends exist for that water of the state.
   Sec. 17.  Section 455B.195, subsection 2, Code 2011, is amended to read as follows:
   2.  This section shall not be construed to require or authorize the department of natural resources or the department of agriculture and land stewardship to perform any act listed in section 455B.194, subsection 1, not otherwise required or authorized by applicable law.
   Sec. 18.  Section 455B.195, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  The division of soil conservation of the department of agriculture and land stewardship shall implement total maximum daily loads assigned to nonpoint sources and agricultural sources through voluntary programs. The division shall implement waste load allocations assigned to agricultural sources or concentrated animal feeding operations if such sources are required to obtain a national pollutant discharge elimination system permit. The department of natural resources shall implement all other waste load allocations.
   NEW SUBSECTION.  4.  The division of soil conservation of the department of agriculture and land stewardship shall develop and implement a water quality management plan required by 33 U.S.C. § 1329 as it relates to total maximum daily loads, nonpoint sources, agricultural sources, and effluent limitations for concentrated animal feeding operations. The department of agriculture and land stewardship and the department of natural resources shall jointly submit water quality management plans to the United States environmental protection agency.
   Sec. 19.  ENVIRONMENT FIRST FUND APPROPRIATION.  There is appropriated from the environment first fund created in section 8.57A to the soil conservation division of the department of agriculture and land stewardship for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For water quality monitoring, including salaries, support, maintenance, and miscellaneous purposes:
.................................................. $  2,955,000
   Sec. 20.  TRANSITIONAL PROVISIONS.
   1.  The department of natural resources shall cooperate with the department of agriculture and land stewardship to assist in the transfer of powers and duties to the department of agriculture and land stewardship, as provided in sections 455B.193 through 455B.195, as amended by this Act.
   2.  By August 1, 2011, the department of natural resources shall provide the department of agriculture and land stewardship with copies of any outstanding contracts relating to the administration of any duties addressed in this Act. 
   3.  The department of natural resources shall assign and the department of agriculture and land stewardship shall assume all outstanding contracts entered into by the department of natural resources and the United States environmental protection agency related to the use of moneys for purposes of section 319 of the federal Clean Water Act, total maximum daily load development and nonpoint source management plans. Contracts related to enforcement or enforcement investigation are not included under this subsection.
   Sec. 21.  EFFECTIVE DATES.
   1.  This division of this Act takes effect July 1, 2011, except as provided in subsection 2.
   2.  The sections of this division amending sections 161A.4 and 161C.4 take effect November 1, 2011.
   3.  The sections of this division amending sections 455B.193 through 455B.195 take effect November 1, 2012.
EXPLANATION
   GENERAL. This bill amends provisions relating to water protection programs in this state, including by providing for the administration of the programs by the department of natural resources and the department of agriculture and land stewardship.
   WATER RESOURCES COORDINATING COUNCIL. The bill amends Code chapter 466B which currently provides for the protection of surface water in this state by establishing a water resources coordinating council within the office of the governor. The council includes members representing a number of heads of state agencies as well as the deans of colleges of board of regents institutions. The council is responsible for coordinating governmental efforts to improve water quality in an efficient and fiscally responsible manner. The bill transfers the council from the office of the governor to the secretary of agriculture, and provides that the secretary of agriculture and not the governor serves as the council’s chairperson. A number of provisions in the Code chapter refer to the department of natural resources as simply “department”. The bill includes the full name of the department, but does not change its powers or duties.
   FEDERAL CLEAN WATER ACT —— TRANSFER OF CERTAIN POWERS AND DUTIES. The bill provides for the administration of responsibilities involving section 319 of the federal Clean Water Act, including by transferring powers and duties from the department of natural resources to the department of agriculture and land stewardship. It establishes an account for moneys used to administer the nonpoint source program under the control of the soil conservation division of the department of agriculture and land stewardship. 
   The bill provides for the compilation of credible data by the two departments when monitoring water quality in the state, including establishing the total maximum daily load for any water of the state. The bill authorizes the division of soil conservation to implement total maximum daily loads assigned to nonpoint sources and agricultural sources, and to develop and implement a water quality management plan. A total maximum daily load is the maximum amount of a pollutant that a water body may receive and still meet the state’s water quality standards. 
   The bill appropriates moneys from the environment first fund to the soil conservation division for purposes of water quality monitoring.
   The bill includes transitional provisions requiring the department of natural resources to cooperate with the department of agriculture and land stewardship to assist in the transfers of powers and duties to the department of agriculture and land stewardship, including the assignment of all outstanding contracts.
   The bill includes a number of effective date provisions which require that the transition be complete by November 1, 2012.