S.F. _____ Section 1. Section 466B.2, subsection 2, Code 2011, is 1 amended by striking the subsection. 2 Sec. 2. Section 466B.3, subsection 1, Code 2011, is amended 3 to read as follows: 4 1. Council established. A water resources coordinating 5 council is established within the office of the governor 6 department of agriculture and land stewardship . 7 Sec. 3. Section 466B.3, subsection 4, paragraph c, Code 8 2011, is amended by striking the paragraph. 9 Sec. 4. Section 466B.3, subsection 4, paragraph l, 10 unnumbered paragraph 1, Code 2011, is amended to read as 11 follows: 12 The governor secretary , who shall be the chairperson, or 13 the governor’s secretary’s designee. As the chairperson, 14 and in order to further the coordination efforts of the 15 council, the governor secretary may invite representatives 16 from any other public agency, private organization, business, 17 citizen group, or nonprofit entity to give public input at 18 council meetings, provided the entity has an interest in the 19 coordinated management of land resources, soil conservation, 20 flood mitigation, or water quality. The governor secretary 21 shall also invite and solicit advice from the following: 22 Sec. 5. Section 466B.3, subsection 5, paragraph a, Code 23 2011, is amended to read as follows: 24 a. The council shall be convened by the office of the 25 governor secretary of agriculture at least quarterly. 26 Sec. 6. Section 466B.3, subsection 6, paragraph c, Code 27 2011, is amended to read as follows: 28 c. The council shall develop recommendations for policies 29 and funding promoting a watershed management approach to 30 reduce the adverse impact of future flooding on this state’s 31 residents, businesses, communities, and soil and water quality. 32 Policy and funding recommendations shall be submitted to the 33 governor and the general assembly not later than November 34 15, 2009. The council shall consider policies and funding 35 -1- LSB 2483XC (3) 84 da/nh 1/ 5

S.F. _____ options for various strategies to reduce the impact of 1 flooding including but not limited to additional floodplain 2 regulation; wetland protection, restoration, and construction; 3 the promulgation and implementation of statewide storm water 4 management standards; conservation easements and other land 5 management; perennial ground cover and other agricultural 6 conservation practices; pervious pavement, bioswales, and 7 other urban conservation practices; and permanent or temporary 8 water retention structures. In developing recommendations, 9 the council shall consult with hydrological and land use 10 experts, representatives of cities, counties, drainage and 11 levee districts, agricultural interests, and soil and water 12 conservation districts, and other urban and regional planning 13 experts. 14 Sec. 7. Section 466B.5, Code 2011, is amended to read as 15 follows: 16 466B.5 Regional watershed assessment, planning, and 17 prioritization. 18 1. Regional watershed assessment program. The department of 19 natural resources shall create a regional watershed assessment 20 program. The program shall assess all the regional watersheds 21 in the state. 22 a. The statewide assessment shall be conducted at the rate 23 of approximately one-fifth of the watersheds per year, and an 24 initial full assessment shall be completed within five years. 25 Thereafter, the department of natural resources shall review 26 and update the assessments on a regular basis. 27 b. Each regional watershed assessment shall provide a 28 summary of the overall condition of the watershed. The 29 information provided in the summary may include land use 30 patterns, soil types, slopes, management practices, stream 31 conditions, and both point and nonpoint source impairments. 32 c. In conducting a regional watershed assessment, the 33 department of natural resources may provide opportunities for 34 local data collection and input into the assessment process. 35 -2- LSB 2483XC (3) 84 da/nh 2/ 5

S.F. _____ 2. Planning and prioritization. In conducting the regional 1 watershed assessment program, the department of natural 2 resources shall provide hydrological and geological information 3 sufficient for the water resources coordinating council to 4 prioritize watersheds statewide and for the various communities 5 in those watersheds to plan remedial efforts in their local 6 communities and subwatersheds. 7 3. Report to council. Upon completion of the statewide 8 assessment, and upon updating the assessments, the department 9 of natural resources shall report the results of the assessment 10 to the council and the general assembly, and shall make the 11 report publicly available. 12 Sec. 8. Section 466B.6, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. Facilitation of community-based subwatershed plans. After 15 the department’s department of natural resources’ completion 16 of the initial regional watershed assessment, and after the 17 council’s prioritization of the regional watersheds, the 18 council shall designate one or more of the agencies represented 19 on the council to facilitate the development and implementation 20 of local, community-based subwatershed improvement plans. 21 Sec. 9. Section 466B.7, Code 2011, is amended to read as 22 follows: 23 466B.7 Community-based subwatershed monitoring. 24 1. Monitoring assistance. After completion of the 25 statewide regional watershed assessment and prioritization, 26 and throughout the implementation of local community-based 27 subwatershed improvement plans, the department of natural 28 resources shall assist communities with the monitoring and 29 measurement of local subwatersheds. The monitoring and 30 measurement shall be designed for the particular needs of 31 individual communities. 32 2. Data collection and use. Local communities in which 33 the department of natural resources conducts subwatershed 34 monitoring shall use the information to support subwatershed 35 -3- LSB 2483XC (3) 84 da/nh 3/ 5

S.F. _____ planning activities, do local data collection, and identify 1 priority areas needing additional resources. Local communities 2 shall also collect data over time and use the data to evaluate 3 the impacts of their management efforts. 4 Sec. 10. Section 466B.8, Code 2011, is amended to read as 5 follows: 6 466B.8 Wastewater and storm water infrastructure assessment. 7 The department of natural resources shall assess and 8 prioritize communities within a watershed presenting the 9 greatest level of risk to water quality and the health of 10 residents. This prioritization shall include both sewered and 11 unsewered communities. 12 Sec. 11. Section 466B.9, Code 2011, is amended to read as 13 follows: 14 466B.9 Rulemaking authority. 15 The department of natural resources and the department 16 of agriculture and land stewardship shall have the power and 17 authority reasonably necessary to carry out the duties imposed 18 by this chapter . As to the department of natural resources , 19 this includes rulemaking authority to carry out the regional 20 watershed assessment program described in section 466B.5 . As 21 to the department of agriculture and land stewardship, this 22 includes rulemaking authority to assist in the implementation 23 of community-based subwatershed improvement plans. 24 EXPLANATION 25 This bill amends Code chapter 466B which provides for the 26 protection of surface water in this state by establishing a 27 water resources coordinating council within the office of the 28 governor. The council includes members representing a number 29 of heads of state agencies as well as the deans of colleges 30 of board of regents institutions. The council is responsible 31 for coordinating governmental efforts to improve water quality 32 in an efficient and fiscally responsible manner. The bill 33 also includes programs administered by the department of 34 natural resources and the department of agriculture and land 35 -4- LSB 2483XC (3) 84 da/nh 4/ 5

S.F. _____ stewardship. The bill transfers the council from the office 1 of the governor to the secretary of agriculture, and provides 2 that the secretary of agriculture and not the governor serves 3 as the council’s chairperson. A number of provisions in the 4 Code chapter refer to the department of natural resources as 5 simply “department”. The bill includes the full name of the 6 department, but does not change its powers or duties. 7 -5- LSB 2483XC (3) 84 da/nh 5/ 5