House File 2458 - Introduced HOUSE FILE 2458 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 679) A BILL FOR An Act relating to and making appropriations involving state 1 government entities involved with agriculture, natural 2 resources, and environmental protection, making related 3 statutory changes, providing for eminent domain procedures, 4 and including effective and applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5003HV (3) 85 da/jp
H.F. 2458 DIVISION I 1 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 2 GENERAL APPROPRIATION FOR FY 2014-2015 3 Section 1. 2013 Iowa Acts, chapter 132, section 27, is 4 amended to read as follows: 5 SEC. 27. GENERAL FUND —— DEPARTMENT. 6 1. There is appropriated from the general fund of the state 7 to the department of agriculture and land stewardship for the 8 fiscal year beginning July 1, 2014, and ending June 30, 2015, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For purposes of supporting the department, including its 12 divisions, for administration, regulation, and programs; for 13 salaries, support, maintenance, and miscellaneous purposes; and 14 for not more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,790,664 16 17,605,492 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 372.00 18 2. Of the amount appropriated in subsection 1, the following 19 amount is transferred to Iowa state university of science and 20 technology, to be used for the university’s midwest grape and 21 wine industry institute: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119,000 23 238,000 24 3. The department shall submit a report each quarter of the 25 fiscal year to the legislative services agency, the department 26 of management, the members of the joint appropriations 27 subcommittee on agriculture and natural resources, and the 28 chairpersons and ranking members of the senate and house 29 committees on appropriations. The report shall describe in 30 detail the expenditure of moneys appropriated in this section 31 to support the department’s administration, regulation, and 32 programs. 33 DESIGNATED APPROPRIATIONS 34 MISCELLANEOUS FUNDS 35 -1- LSB 5003HV (3) 85 da/jp 1/ 40
H.F. 2458 Sec. 2. 2013 Iowa Acts, chapter 132, section 28, is amended 1 to read as follows: 2 SEC. 28. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 3 HORSE AND DOG RACING. There is appropriated from the moneys 4 available under section 99D.13 to the department of agriculture 5 and land stewardship for the fiscal year beginning July 1, 6 2014, and ending June 30, 2015, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 For purposes of supporting the department’s administration 10 and enforcement of horse and dog racing law pursuant to section 11 99D.22 , including for salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 152,758 14 305,516 15 Sec. 3. 2013 Iowa Acts, chapter 132, section 29, is amended 16 to read as follows: 17 SEC. 29. RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR 18 FUEL INSPECTION. There is appropriated from the renewable 19 fuel infrastructure fund created in section 159A.16 to the 20 department of agriculture and land stewardship for the fiscal 21 year beginning July 1, 2014, and ending June 30, 2015, the 22 following amount, or so much thereof as is necessary, to be 23 used for the purposes designated: 24 For purposes of the inspection of motor fuel, including 25 salaries, support, maintenance, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 27 500,000 28 The department shall establish and administer programs 29 for the auditing of motor fuel including biofuel processing 30 and production plants, for screening and testing motor fuel, 31 including renewable fuel, and for the inspection of motor fuel 32 sold by dealers including retail dealers who sell and dispense 33 motor fuel from motor fuel pumps. 34 SPECIAL APPROPRIATIONS 35 -2- LSB 5003HV (3) 85 da/jp 2/ 40
H.F. 2458 GENERAL FUND 1 Sec. 4. 2013 Iowa Acts, chapter 132, section 30, is amended 2 to read as follows: 3 SEC. 30. DAIRY REGULATION. There is appropriated from the 4 general fund of the state to the department of agriculture 5 and land stewardship for the fiscal year beginning July 1, 6 2014, and ending June 30, 2015, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 1. For purposes of performing functions pursuant to section 10 192.109 , including conducting a survey of grade “A” milk and 11 certifying the results to the secretary of agriculture: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,598 13 189,196 14 2. Notwithstanding section 8.33 , moneys appropriated in 15 this section that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available to be used for the purposes designated until the 18 close of the succeeding fiscal year. 19 Sec. 5. 2013 Iowa Acts, chapter 132, section 31, is amended 20 to read as follows: 21 SEC. 31. LOCAL FOOD AND FARM PROGRAM. There is appropriated 22 from the general fund of the state to the department of 23 agriculture and land stewardship for the fiscal year beginning 24 July 1, 2014, and ending June 30, 2015, the following amount, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 1. For purposes of supporting the local food and farm 28 program pursuant to chapter 267A : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 30 75,000 31 2. The department shall enter into a cost-sharing agreement 32 with Iowa state university to support the local food and farm 33 program coordinator position as part of the university’s 34 cooperative extension service in agriculture and home economics 35 -3- LSB 5003HV (3) 85 da/jp 3/ 40
H.F. 2458 pursuant to chapter 267A . 1 3. Notwithstanding section 8.33 , moneys appropriated in 2 this section that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available to be used for the purposes designated until the 5 close of the succeeding fiscal year. 6 Sec. 6. 2013 Iowa Acts, chapter 132, section 32, is amended 7 to read as follows: 8 SEC. 32. AGRICULTURAL EDUCATION. There is appropriated 9 from the general fund of the state to the department of 10 agriculture and land stewardship for the fiscal year beginning 11 July 1, 2014, and ending June 30, 2015, the following amount, 12 or so much thereof as is necessary, to be used for the purposes 13 designated: 14 1. For purposes of allocating moneys to an Iowa association 15 affiliated with a national organization which promotes 16 agricultural education providing for future farmers: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 18 25,000 19 2. Notwithstanding section 8.33 , moneys appropriated for 20 the fiscal year beginning July 1, 2014, in this section that 21 remain unencumbered or unobligated at the close of the fiscal 22 year shall not revert but shall remain available to be used 23 for the purposes designated until the close of the succeeding 24 fiscal year. 25 Sec. 7. 2013 Iowa Acts, chapter 132, section 33, is amended 26 to read as follows: 27 SEC. 33. FARMERS WITH DISABILITIES PROGRAM. 28 1. There is appropriated from the general fund of the state 29 to the department of agriculture and land stewardship for the 30 fiscal year beginning July 1, 2014, and ending June 30, 2015, 31 the following amount, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 For purposes of supporting a program for farmers with 34 disabilities: 35 -4- LSB 5003HV (3) 85 da/jp 4/ 40
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000 1 130,000 2 2. The moneys appropriated in subsection 1 shall be used for 3 the public purpose of providing a grant to a national nonprofit 4 organization with over 80 years of experience in assisting 5 children and adults with disabilities and special needs. 6 a. The moneys shall be used to support a nationally 7 recognized program that began in 1986 and has been replicated 8 in at least 30 other states, but which is not available through 9 any other entity in this state, and that provides assistance 10 to farmers with disabilities in all 99 counties to allow the 11 farmers to remain in their own homes and be gainfully engaged 12 in farming through provision of agricultural worksite and home 13 modification consultations, peer support services, services 14 to families, information and referral, and equipment loan 15 services. 16 b. Notwithstanding section 8.33 , moneys appropriated in 17 this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 DIVISION II 22 GENERAL FUND 23 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 24 WATER QUALITY 25 APPROPRIATIONS FOR FY 2014-2015 26 Sec. 8. 2013 Iowa Acts, chapter 132, section 34, is amended 27 to read as follows: 28 SEC. 34. WATER QUALITY INITIATIVE —— GENERAL. 29 1. There is appropriated from the general fund of the state 30 to the department of agriculture and land stewardship for the 31 fiscal year beginning July 1, 2014, and ending June 30, 2015, 32 the following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For deposit in the water quality initiative fund created 35 -5- LSB 5003HV (3) 85 da/jp 5/ 40
H.F. 2458 in section 466B.45 , as enacted by this Act, for purposes of 1 supporting the water quality initiative administered by the 2 soil conservation division as provided in section 466B.42 , as 3 enacted by this Act, including salaries, support, maintenance, 4 miscellaneous purposes, and for not more than the following 5 full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 8 2.00 9 2. a. The moneys appropriated in subsection 1 shall be 10 used to support reducing nutrients projects in subwatersheds 11 as designated by the division that are part of high-priority 12 watersheds identified by the water resources coordinating 13 council established pursuant to section 466B.3 . In supporting 14 reducing nutrients 15 b. The moneys appropriated in subsection 1 shall be used to 16 support projects in watersheds generally, including regional 17 watersheds, as designated by the division and high-priority 18 watersheds identified by the water resources coordinating 19 council established pursuant to section 466B.3. 20 2A. In supporting projects in subwatersheds , the division 21 shall establish and administer demonstration projects as 22 follows and watersheds as provided in subsection 2, all of the 23 following shall apply : 24 a. The demonstration projects shall utilize water quality 25 practices as described in the latest revision of the document 26 entitled “Iowa Nutrient Reduction Strategy” initially presented 27 in November 2012 by the department of agriculture and land 28 stewardship, the department of natural resources, and Iowa 29 state university of science and technology. 30 b. The division shall implement demonstration projects as 31 provided in paragraph “a” by providing for participation by 32 persons who hold a legal interest in agricultural land used in 33 farming. To every extent practical, the division shall provide 34 for collaborative participation by such persons who hold a 35 -6- LSB 5003HV (3) 85 da/jp 6/ 40
H.F. 2458 legal interest in agricultural land located within the same 1 subwatershed. 2 c. The division shall implement a demonstration project on 3 a cost-share basis as determined by the division. However, the 4 state’s share of the amount shall not exceed 50 percent of the 5 estimated cost of establishing the practice as determined by 6 the division or 50 percent of the actual cost of establishing 7 the practice, whichever is less. 8 d. The demonstration projects shall be used to educate other 9 persons about the feasibility and value of establishing similar 10 water quality practices. The division shall promote field day 11 events for purposes of allowing interested persons to establish 12 water quality practices on their agricultural land. 13 e. The division shall conduct water quality evaluations 14 within supported subwatersheds. Within a reasonable period 15 after accumulating information from such evaluations, 16 the division shall create an aggregated database of water 17 quality practices. Any information identifying a person 18 holding a legal interest in agricultural land or specific 19 agricultural land shall be a confidential record under section 20 22.7 received, collected, or held under this section is a 21 confidential record and is exempted from public access pursuant 22 to section 466B.49 as enacted by this 2014 Act . 23 3. The moneys appropriated in subsection 1 shall be used 24 to support education and outreach in a manner that encourages 25 persons who hold a legal interest in agricultural land used for 26 farming to implement water quality practices, including the 27 establishment of such practices in watersheds generally, and 28 not limited to subwatersheds or high-priority watersheds. 29 4. The moneys appropriated in subsection 1 may be used 30 to contract with persons to coordinate the implementation of 31 efforts provided in this section. Not more than $150,000 shall 32 be used to support the administration of this section by a 33 full-time equivalent position. 34 4A. The moneys appropriated in subsection 1 may be used by 35 -7- LSB 5003HV (3) 85 da/jp 7/ 40
H.F. 2458 the department to support urban soil and water conservation 1 efforts, which may include but are not limited to management 2 practices related to bioretention, landscaping, the use of 3 permeable pavement, and soil quality restoration. The moneys 4 shall be allocated on a cost-share basis as provided in chapter 5 161A. 6 5. Notwithstanding any other provision of law to the 7 contrary, the department may use moneys appropriated in 8 subsection 1 to carry out the provisions of this section on a 9 cost-share basis in combination with other moneys appropriated 10 available to the department from the environment first 11 fund created in section 8.57A for cost sharing to match the 12 United States department of agriculture, natural resources 13 conservation service, wetland reserve enhancement program a 14 state or federal source . 15 Sec. 9. 2013 Iowa Acts, chapter 132, section 35, is amended 16 to read as follows: 17 SEC. 35. IOWA NUTRIENT RESEARCH CENTER. 18 1. There is appropriated from the general fund of the state 19 to Iowa state university of science and technology for the 20 fiscal year beginning July 1, 2014, and ending June 30, 2015, 21 the following amount, or so much thereof as is necessary, to be 22 used for the purposes designated: 23 For purposes of supporting an Iowa nutrient research center 24 as established in section 466B.47 , as enacted in this Act: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 26 1,500,000 27 2. Notwithstanding section 8.33 , moneys appropriated in 28 this section that remain unencumbered or unobligated at the 29 close of the fiscal year shall not revert but shall remain 30 available for expenditure for the purposes designated until the 31 close of the fiscal year beginning July 1, 2015. 32 DIVISION III 33 DEPARTMENT OF NATURAL RESOURCES 34 GENERAL APPROPRIATIONS FOR FY 2014-2015 35 -8- LSB 5003HV (3) 85 da/jp 8/ 40
H.F. 2458 Sec. 10. 2013 Iowa Acts, chapter 132, section 37, is amended 1 to read as follows: 2 SEC. 37. GENERAL FUND —— DEPARTMENT. 3 1. There is appropriated from the general fund of the state 4 to the department of natural resources for the fiscal year 5 beginning July 1, 2014, and ending June 30, 2015, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purposes designated: 8 For purposes of supporting the department, including its 9 divisions, for administration, regulation, and programs; for 10 salaries, support, maintenance, and miscellaneous purposes; and 11 for not more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,383,350 13 12,862,307 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 15 2. Of the number of full-time equivalent positions 16 authorized to the department pursuant to subsection 1, 50.00 17 full-time equivalent positions shall be allocated by the 18 department for seasonal employees for purposes of providing 19 maintenance, upkeep, and sanitary services at state parks. 20 This subsection shall not impact park ranger positions within 21 the department. 22 3. The department shall submit a report each quarter of the 23 fiscal year to the legislative services agency, the department 24 of management, the members of the joint appropriations 25 subcommittee on agriculture and natural resources, and the 26 chairpersons and ranking members of the senate and house 27 committees on appropriations. The report shall describe in 28 detail the expenditure of moneys appropriated under this 29 section to support the department’s administration, regulation, 30 and programs. 31 Sec. 11. 2013 Iowa Acts, chapter 132, section 38, is amended 32 to read as follows: 33 SEC. 38. STATE FISH AND GAME PROTECTION FUND —— REGULATION 34 AND ADVANCEMENT OF OUTDOOR ACTIVITIES. 35 -9- LSB 5003HV (3) 85 da/jp 9/ 40
H.F. 2458 1. There is appropriated from the state fish and game 1 protection fund to the department of natural resources for the 2 fiscal year beginning July 1, 2014, and ending June 30, 2015, 3 the following amount, or so much thereof as is necessary, to be 4 used for the purposes designated: 5 For purposes of supporting the regulation or advancement of 6 hunting, fishing, or trapping, or the protection, propagation, 7 restoration, management, or harvest of fish or wildlife, 8 including for administration, regulation, law enforcement, and 9 programs; and for salaries, support, maintenance, equipment, 10 and miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,539,117 12 41,223,225 13 2. Notwithstanding section 455A.10 , the department may use 14 the unappropriated balance remaining in the state fish and game 15 protection fund to provide for the funding of health and life 16 insurance premium payments from unused sick leave balances of 17 conservation peace officers employed in a protection occupation 18 who retire, pursuant to section 97B.49B . 19 3. Notwithstanding section 455A.10 , the department of 20 natural resources may use the unappropriated balance remaining 21 in the state fish and game protection fund for the fiscal 22 year beginning July 1, 2014, and ending June 30, 2015, as is 23 necessary to fund salary adjustments for departmental employees 24 which the general assembly has made an operating budget 25 appropriation for in subsection 1. 26 Sec. 12. 2013 Iowa Acts, chapter 132, section 39, is amended 27 to read as follows: 28 SEC. 39. GROUNDWATER PROTECTION FUND —— WATER QUALITY. 29 There is appropriated from the groundwater protection fund 30 created in section 455E.11 to the department of natural 31 resources for the fiscal year beginning July 1, 2014, 32 and ending June 30, 2015, from those moneys which are not 33 allocated pursuant to that section, the following amount, or 34 so much thereof as is necessary, to be used for the purposes 35 -10- LSB 5003HV (3) 85 da/jp 10/ 40
H.F. 2458 designated: 1 For purposes of supporting the department’s protection 2 of the state’s groundwater, including for administration, 3 regulation, and programs, and for salaries, support, 4 maintenance, equipment, and miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,916 6 3,455,832 7 DESIGNATED APPROPRIATIONS 8 MISCELLANEOUS FUNDS 9 Sec. 13. 2013 Iowa Acts, chapter 132, section 40, is amended 10 to read as follows: 11 SEC. 40. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM. 12 There is appropriated from the special snowmobile fund created 13 under section 321G.7 to the department of natural resources for 14 the fiscal year beginning July 1, 2014, and ending June 30, 15 2015, the following amount, or so much thereof as is necessary, 16 to be used for the purpose designated: 17 For purposes of administering and enforcing the state 18 snowmobile programs: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 20 100,000 21 Sec. 14. 2013 Iowa Acts, chapter 132, section 41, is amended 22 to read as follows: 23 SEC. 41. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE 24 TANK SECTION EXPENSES. There is appropriated from the 25 unassigned revenue fund administered by the Iowa comprehensive 26 underground storage tank fund board to the department of 27 natural resources for the fiscal year beginning July 1, 2014, 28 and ending June 30, 2015, the following amount, or so much 29 thereof as is necessary, to be used for the purpose designated: 30 For purposes of paying for administration expenses of the 31 department’s underground storage tank section: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 33 200,000 34 SPECIAL APPROPRIATIONS 35 -11- LSB 5003HV (3) 85 da/jp 11/ 40
H.F. 2458 GENERAL FUND 1 Sec. 15. 2013 Iowa Acts, chapter 132, section 42, is amended 2 to read as follows: 3 SEC. 42. FLOODPLAIN MANAGEMENT AND DAM SAFETY. 4 1. There is appropriated from the general fund of the state 5 to the department of natural resources for the fiscal year 6 beginning July 1, 2014, and ending June 30, 2015, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purpose designated: 9 For purposes of supporting floodplain management and dam 10 safety: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 12 2,000,000 13 2. Of the amount appropriated in subsection 1, up to 14 $340,000 $400,000 may be used by the department to acquire or 15 install stream gages for purposes of tracking and predicting 16 flood events and for compiling necessary data to improve flood 17 frequency analysis. 18 3. Notwithstanding section 8.33 , moneys appropriated in 19 subsection 1 that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for expenditure for the purposes designated until the 22 close of the succeeding fiscal year. 23 Sec. 16. 2013 Iowa Acts, chapter 132, section 43, is amended 24 to read as follows: 25 SEC. 43. FORESTRY HEALTH MANAGEMENT. 26 1. There is appropriated from the general fund of the state 27 to the department of natural resources for the fiscal year 28 beginning July 1, 2014, and ending June 30, 2015, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purposes designated: 31 For purposes of providing for forestry health management 32 programs: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 34 200,000 35 -12- LSB 5003HV (3) 85 da/jp 12/ 40
H.F. 2458 2. Notwithstanding section 8.33 , moneys appropriated in 1 this section that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert but shall remain 3 available to be used for the purposes designated until the 4 close of the succeeding fiscal year. 5 Sec. 17. 2013 Iowa Acts, chapter 132, section 44, is amended 6 to read as follows: 7 SEC. 44. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND. 8 1. There is transferred from the general fund of the state 9 to the loess hills development and conservation fund created in 10 section 161D.2 for the fiscal year beginning July 1, 2014, and 11 ending June 30, 2015, the following amount, or so much thereof 12 as is necessary, to be used for the purposes designated: 13 For supporting the purposes of the fund: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 15 75,000 16 2. a. Of the amount transferred in subsection 1, $28,125 17 $56,250 shall be allocated to the fund’s hungry canyons 18 account. 19 b. Not more than 10 percent of the moneys allocated to the 20 hungry canyons account as provided in paragraph “a” may be used 21 for administrative costs. 22 3. a. Of the amount transferred in subsection 1, $9,375 23 $18,750 shall be allocated to the fund’s loess hills alliance 24 account. 25 b. Not more than 10 percent of the moneys allocated to the 26 loess hills alliance account as provided in paragraph “a” may 27 be used for administrative costs. 28 4. Moneys deposited to the loess hills development and 29 conservation fund and its accounts for the fiscal year are 30 appropriated to the authority to be used as provided by law. 31 DIVISION IV 32 IOWA STATE UNIVERSITY 33 SPECIAL GENERAL FUND APPROPRIATION FOR FY 2014-2015 34 Sec. 18. 2013 Iowa Acts, chapter 132, section 45, is amended 35 -13- LSB 5003HV (3) 85 da/jp 13/ 40
H.F. 2458 to read as follows: 1 SEC. 45. VETERINARY DIAGNOSTIC LABORATORY. 2 1. There is appropriated from the general fund of the state 3 to Iowa state university of science and technology for the 4 fiscal year beginning July 1, 2014, and ending June 30, 2015, 5 the following amount, or so much thereof as is necessary, to be 6 used for the purposes designated: 7 For purposes of supporting the college of veterinary 8 medicine for the operation of the veterinary diagnostic 9 laboratory and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,881,318 12 4,000,000 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 14 51.00 15 2. a. Iowa state university of science and technology 16 shall not reduce the amount that it allocates to support the 17 college of veterinary medicine from any other source due to the 18 appropriation made in this section. 19 b. Paragraph “a” does not apply to a reduction made to 20 support the college of veterinary medicine, if the same 21 percentage of reduction imposed on the college of veterinary 22 medicine is also imposed on all of Iowa state university’s 23 budget units. 24 3. If by June 30, 2015, Iowa state university of science and 25 technology fails to allocate the moneys appropriated in this 26 section to the college of veterinary medicine in accordance 27 with this section, the moneys appropriated in this section for 28 that fiscal year shall revert to the general fund of the state. 29 DIVISION V 30 ENVIRONMENT FIRST FUND 31 GENERAL APPROPRIATIONS FOR FY 2014-2015 32 Sec. 19. 2013 Iowa Acts, chapter 132, section 47, is amended 33 to read as follows: 34 SEC. 47. DEPARTMENT OF AGRICULTURE AND LAND 35 -14- LSB 5003HV (3) 85 da/jp 14/ 40
H.F. 2458 STEWARDSHIP. There is appropriated from the environment first 1 fund created in section 8.57A to the department of agriculture 2 and land stewardship for the fiscal year beginning July 1, 3 2014, and ending June 30, 2015, the following amounts, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 7 a. For the conservation reserve enhancement program to 8 restore and construct wetlands for the purposes of intercepting 9 tile line runoff, reducing nutrient loss, improving water 10 quality, and enhancing agricultural production practices: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 12 1,000,000 13 b. Not more than 10 percent of the moneys appropriated 14 in paragraph “a” may be used for costs of administration and 15 implementation of soil and water conservation practices. 16 c. Notwithstanding any other provision in law, the 17 department may provide state resources from this appropriation, 18 in combination with other appropriate environment first 19 fund appropriations, for cost sharing to match United States 20 department of agriculture, natural resources conservation 21 service, wetlands reserve enhancement program (WREP) funding 22 available to Iowa. 23 2. WATERSHED PROTECTION 24 a. For continuation of a program that provides 25 multiobjective resource protections for flood control, water 26 quality, erosion control, and natural resource conservation: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450,000 28 900,000 29 b. Not more than 10 percent of the moneys appropriated 30 in paragraph “a” may be used for costs of administration and 31 implementation of soil and water conservation practices. 32 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 33 a. For continuation of a statewide voluntary farm 34 management demonstration program to demonstrate the 35 -15- LSB 5003HV (3) 85 da/jp 15/ 40
H.F. 2458 effectiveness and adaptability of emerging practices in 1 agronomy that protect water resources and provide other 2 environmental benefits: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 312,500 4 625,000 5 b. Not more than 10 percent of the moneys appropriated 6 in paragraph “a” may be used for costs of administration and 7 implementation of soil and water conservation practices. 8 c. Of the amount appropriated in paragraph “a”, $200,000 9 $400,000 shall be allocated to an organization representing 10 soybean growers to provide for an agriculture and environment 11 performance program in order to carry out the purposes of this 12 subsection as specified in paragraph “a”. 13 4. SOIL AND WATER CONSERVATION —— ADMINISTRATION 14 For use by the department for costs of administration and 15 implementation of soil and water conservation practices: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,275,000 17 2,550,000 18 5. CONSERVATION RESERVE PROGRAM (CRP) 19 a. To encourage and assist farmers in enrolling in and the 20 implementation of the federal conservation reserve program and 21 to work with them to enhance their revegetation efforts to 22 improve water quality and habitat: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 24 1,000,000 25 b. Not more than 10 percent of the moneys appropriated 26 in paragraph “a” may be used for costs of administration and 27 implementation of soil and water conservation practices. 28 6. SOIL AND WATER CONSERVATION 29 a. For use by the department in providing for soil and 30 water conservation administration, the conservation of soil and 31 water resources, or the support of soil and water conservation 32 district commissioners: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,325,000 34 7,375,000 35 -16- LSB 5003HV (3) 85 da/jp 16/ 40
H.F. 2458 b. Not more than 5 percent of the moneys appropriated in 1 paragraph “a” may be allocated for cost sharing to address 2 complaints filed under section 161A.47 . 3 c. Of the moneys appropriated in paragraph “a”, 5 percent 4 shall be allocated for financial incentives to establish 5 practices to protect watersheds above publicly owned lakes of 6 the state from soil erosion and sediment as provided in section 7 161A.73 . 8 d. Not more than 30 percent of a soil and water conservation 9 district’s allocation of moneys as financial incentives may be 10 provided for the purpose of establishing management practices 11 to control soil erosion on land that is row cropped, including 12 but not limited to no-till planting, ridge-till planting, 13 contouring, and contour strip-cropping as provided in section 14 161A.73 . 15 e. The state soil conservation committee established by 16 section 161A.4 may allocate moneys appropriated in paragraph 17 “a” to conduct research and demonstration projects to promote 18 conservation tillage and nonpoint source pollution control 19 practices. 20 f. The allocation of moneys as financial incentives as 21 provided in section 161A.73 may be used in combination with 22 moneys allocated by the department of natural resources. 23 g. Not more than 15 percent of the moneys appropriated 24 in paragraph “a” may be used for costs of administration and 25 implementation of soil and water conservation practices. 26 h. In lieu of moneys appropriated in section 466A.5 , 27 not more than $25,000 $50,000 of the moneys appropriated in 28 paragraph “a” shall be used by the soil conservation division 29 of the department of agriculture and land stewardship to 30 provide administrative support to the watershed improvement 31 review board established in section 466A.3 . 32 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND 33 a. For deposit in the loess hills development and 34 conservation fund created in section 161D.2 : 35 -17- LSB 5003HV (3) 85 da/jp 17/ 40
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262,500 1 800,000 2 b. (1) Of the amount appropriated in paragraph “a”, 3 $196,875 $600,000 shall be allocated to the fund’s hungry 4 canyons account. 5 (2) Not more than 10 percent of the moneys allocated to the 6 hungry canyons account as provided in subparagraph (1) may be 7 used for administrative costs. 8 c. (1) Of the amount appropriated in paragraph “a”, $65,625 9 $200,000 shall be allocated to the fund’s loess hills alliance 10 account. 11 (2) Not more than 10 percent of the moneys allocated to the 12 loess hills alliance account as provided in subparagraph (1) 13 may be used for administrative costs. 14 8. AGRICULTURAL DRAINAGE WELL WATER QUALITY ASSISTANCE FUND 15 For deposit in the agricultural drainage well water quality 16 assistance fund created in section 460.303 to be used for 17 purposes of supporting the agricultural drainage well water 18 quality assistance program as provided in section 460.304: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 550,000 20 9. SILOS AND SMOKESTACKS 21 For purposes of supporting the silos and smokestacks 22 national heritage area to provide continued agricultural 23 education and preservation: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 25 Sec. 20. 2013 Iowa Acts, chapter 132, section 48, is amended 26 to read as follows: 27 SEC. 48. DEPARTMENT OF NATURAL RESOURCES. There is 28 appropriated from the environment first fund created in section 29 8.57A to the department of natural resources for the fiscal 30 year beginning July 1, 2014, and ending June 30, 2015, the 31 following amounts, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 1. KEEPERS OF THE LAND 34 For statewide coordination of volunteer efforts under the 35 -18- LSB 5003HV (3) 85 da/jp 18/ 40
H.F. 2458 water quality and keepers of the land programs: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 2 100,000 3 2. STATE PARKS MAINTENANCE AND OPERATIONS 4 For regular maintenance and operations of state parks and 5 staff time associated with these activities: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,180,000 7 4,610,000 8 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) 9 To provide local watershed managers with geographic 10 information system data for their use in developing, 11 monitoring, and displaying results of their watershed work: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,500 13 195,000 14 4. WATER QUALITY MONITORING 15 For continuing the establishment and operation of water 16 quality monitoring stations: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,477,500 18 2,955,000 19 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 20 For deposit in the public water supply system account of the 21 water quality protection fund created in section 455B.183A : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 23 500,000 24 6. REGULATION OF ANIMAL FEEDING OPERATIONS 25 For the regulation of animal feeding operations, including 26 as provided for in chapters 459 through 459B : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 660,000 28 1,320,000 29 7. AMBIENT AIR QUALITY 30 For the abatement, control, and prevention of ambient 31 air pollution in this state, including measures as necessary 32 to assure attainment and maintenance of ambient air quality 33 standards from particulate matter: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,500 35 -19- LSB 5003HV (3) 85 da/jp 19/ 40
H.F. 2458 425,000 1 8. WATER QUANTITY REGULATION 2 For regulating water quantity from surface and subsurface 3 sources by providing for the allocation and use of water 4 resources, the protection and management of water resources, 5 and the preclusion of conflicts among users of water resources, 6 including as provided in chapter 455B, division III, part 4: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 247,500 8 495,000 9 9. GEOLOGICAL AND WATER SURVEY 10 For continuing the operations of the department’s geological 11 and water survey including but not limited to providing 12 analysis, data collection, investigative programs, and 13 information for water supply development and protection: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 15 200,000 16 10. KEEP IOWA BEAUTIFUL INITIATIVE 17 For purposes of supporting a keep Iowa beautiful initiative 18 in order to assist communities in developing and implementing 19 beautification and community development plans: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 21 200,000 22 Sec. 21. 2013 Iowa Acts, chapter 132, section 49, is amended 23 to read as follows: 24 SEC. 49. REVERSION. 25 1. Notwithstanding Except as provided in subsection 2, 26 and notwithstanding section 8.33 , moneys appropriated for the 27 fiscal year beginning July 1, 2014, in this division of this 28 Act that remain unencumbered or unobligated at the close of the 29 fiscal year shall not revert but shall remain available to be 30 used for the purposes designated until the close of the fiscal 31 year beginning July 1, 2015, or until the project for which the 32 appropriation was made is completed, whichever is earlier. 33 2. Notwithstanding section 8.33, moneys appropriated for 34 the fiscal year beginning July 1, 2014, in this division of 35 -20- LSB 5003HV (3) 85 da/jp 20/ 40
H.F. 2458 this Act to the department of agriculture and land stewardship 1 to provide financial assistance for the establishment of 2 permanent soil and water conservation practices that remain 3 unencumbered or unobligated at the close of the fiscal year 4 shall not revert but shall remain available for expenditure 5 for the purposes designated until the close of the fiscal year 6 beginning July 1, 2017. 7 DIVISION VI 8 ENVIRONMENT FIRST FUND 9 SPECIAL APPROPRIATION FOR FY 2014-2015 10 Sec. 22. 2013 Iowa Acts, chapter 132, is amended by adding 11 the following new section: 12 NEW SECTION . SEC. 64. REAP —— IN LIEU OF GENERAL FUND 13 APPROPRIATION. Notwithstanding the amount of the standing 14 appropriation from the general fund of the state to the Iowa 15 resources enhancement and protection fund as provided in 16 section 455A.18, there is appropriated from the environment 17 first fund created in section 8.57A to the Iowa resources 18 enhancement and protection fund, in lieu of the appropriation 19 made in section 455A.18, for the fiscal year beginning July 1, 20 2014, and ending June 30, 2015, the following amount, to be 21 allocated as provided in section 455A.19: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,000,000 23 DIVISION VII 24 SOIL AND WATER CONSERVATION PRACTICES 25 REVERSION OF APPROPRIATIONS FOR FY 2013-2014 26 Sec. 23. 2013 Iowa Acts, chapter 132, section 25, is amended 27 to read as follows: 28 SEC. 25. REVERSION. 29 1. Notwithstanding Except as provided in subsection 2, 30 and notwithstanding section 8.33 , moneys appropriated for the 31 fiscal year beginning July 1, 2013, in this division of this 32 Act that remain unencumbered or unobligated at the close of 33 the fiscal year shall not revert but shall remain available 34 to be used for the purposes designated until the close of the 35 -21- LSB 5003HV (3) 85 da/jp 21/ 40
H.F. 2458 succeeding fiscal year or until the project for which the 1 appropriation was made is completed, whichever is earlier. 2 2. Notwithstanding section 8.33, moneys appropriated for 3 the fiscal year beginning July 1, 2013, in this division of 4 this Act to the department of agriculture and land stewardship 5 to provide financial assistance for the establishment of 6 permanent soil and water conservation practices that remain 7 unencumbered or unobligated at the close of the fiscal year 8 shall not revert but shall remain available for expenditure 9 for the purposes designated until the close of the fiscal year 10 beginning July 1, 2016. 11 DIVISION VIII 12 REAP —— OPEN SPACES ACCOUNT 13 SPECIAL APPROPRIATION FOR FY 2013-2014 14 Sec. 24. 2013 Iowa Acts, chapter 132, is amended by adding 15 the following new section: 16 NEW SECTION . SEC. 65. SPECIAL APPROPRIATION. 17 1. Notwithstanding section 455A.19, subsection 1, paragraph 18 “a”, there is appropriated from the open spaces account of 19 the Iowa resources enhancement and protection fund to the 20 department of natural resources for the fiscal year beginning 21 July 1, 2013, and ending June 30, 2014, the following amount, 22 or so much thereof as is necessary, to be used for the purposes 23 designated: 24 For purposes of supporting the regular maintenance and 25 operations of state parks and staff time associated with these 26 activities: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 28 2. The moneys appropriated in subsection 1 shall be expended 29 on or after the effective date of this division of this Act 30 prior to the expenditure of any unobligated moneys remaining in 31 the open spaces account. 32 3. Notwithstanding section 455A.19, subsection 2, any 33 moneys appropriated in this section that remain unexpended 34 or unobligated at the close of the fiscal year beginning 35 -22- LSB 5003HV (3) 85 da/jp 22/ 40
H.F. 2458 July 1, 2013, shall revert to the Iowa resources enhancement 1 and protection fund created pursuant to section 455A.18 for 2 allocation to accounts other than the open spaces account as 3 provided in section 455A.19. 4 Sec. 25. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 DIVISION IX 8 REAP —— OPEN SPACES ACCOUNT 9 SPECIAL APPROPRIATIONS FOR FY 2014-2015 10 Sec. 26. 2013 Iowa Acts, chapter 132, is amended by adding 11 the following new section: 12 NEW SECTION . SEC. 66. SPECIAL APPROPRIATIONS. 13 1. Notwithstanding section 455A.19, subsection 1, paragraph 14 “a”, there is appropriated from the open spaces account of 15 the Iowa resources enhancement and protection fund to the 16 department of natural resources for the fiscal year beginning 17 July 1, 2014, and ending June 30, 2015, the following amount, 18 or so much thereof as is necessary, to be used for the purposes 19 designated: 20 a. For purposes of supporting the regular maintenance and 21 operations of state parks and staff time associated with these 22 activities: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 24 b. For purposes of providing for forestry health management 25 programs: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 27 2. The moneys appropriated in subsection 1 shall be expended 28 on or after the effective date of this division of this Act 29 prior to the expenditure or obligation of any moneys allocated 30 to the account on or after the effective date of this division 31 of this Act. 32 3. Notwithstanding section 455A.19, subsection 2, any 33 moneys appropriated in this section that remain unexpended 34 or unobligated at the close of the fiscal year beginning 35 -23- LSB 5003HV (3) 85 da/jp 23/ 40
H.F. 2458 July 1, 2014, shall revert to the Iowa resources enhancement 1 and protection fund created pursuant to section 455A.18 for 2 allocation to accounts other than the open spaces account as 3 provided in section 455A.19. 4 DIVISION X 5 RELATED STATUTORY CHANGES 6 DNR —— PURCHASE OF RADIOS 7 Sec. 27. 2011 Iowa Acts, chapter 128, section 19, subsection 8 1, as amended by 2012 Iowa Acts, chapter 1135, section 15, as 9 amended by 2013 Iowa Acts, chapter 132, section 51, is amended 10 to read as follows: 11 SEC. 19. USE OF MONEYS —— RADIOS. 12 1. Notwithstanding 2010 Iowa Acts, chapter 1191, section 7, 13 the department of natural resources may use the unappropriated 14 balance remaining in the state fish and game protection fund 15 for the fiscal year beginning July 1, 2010, and ending June 16 30, 2011, to purchase mobile radios to meet federal and state 17 requirements for homeland security and public safety. This 18 section applies to those moneys in the fund that are not 19 otherwise used, obligated, or encumbered for payment of health 20 and life insurance premium payments for conservation peace 21 officer retirements for that fiscal year. The department may 22 use such moneys until June 30, 2014 2015 . 23 Sec. 28. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION XI 27 RELATED STATUTORY CHANGES 28 DNR —— MANURE MANAGEMENT CERTIFICATION 29 Sec. 29. 2013 Iowa Acts, chapter 132, section 17, is amended 30 by adding the following new subsection: 31 NEW SUBSECTION . 2A. Notwithstanding section 8.33, moneys 32 appropriated in subsection 1 that remain unencumbered or 33 unobligated at the close of the fiscal year beginning July 34 1, 2013, shall not revert but shall remain available for 35 -24- LSB 5003HV (3) 85 da/jp 24/ 40
H.F. 2458 expenditure for the purposes designated until the close of the 1 fiscal year beginning July 1, 2014. 2 Sec. 30. EFFECTIVE UPON ENACTMENT. This division of this 3 Act, being deemed of immediate importance, takes effect upon 4 enactment. 5 DIVISION XII 6 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 7 WATER QUALITY INITIATIVE —— CONFIDENTIALITY 8 Sec. 31. Section 466B.47, subsection 5, Code 2014, is 9 amended by striking the subsection. 10 Sec. 32. NEW SECTION . 466B.49 Confidentiality of 11 information. 12 Any information received, collected, or held under this 13 subchapter is a confidential record, and is exempted from 14 public access as provided in section 22.7, if all of the 15 following apply: 16 1. The information is received, collected, or held by any 17 of the following: 18 a. The center. 19 b. A nonprofit organization that conducts nutrient 20 management research, including but not limited to conducting 21 evaluations, assessments, or validations. 22 2. The information identifies any of the following: 23 a. A person who holds a legal interest in agricultural land 24 or who has previously held a legal interest in agricultural 25 land. 26 b. A person who is involved or who has previously been 27 involved in managing the agricultural land or producing crops 28 or livestock on the agricultural land. 29 c. The identifiable location of the agricultural land. 30 Sec. 33. EFFECTIVE UPON ENACTMENT. This division of this 31 Act, being deemed of immediate importance, takes effect upon 32 enactment. 33 DIVISION XIII 34 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 35 -25- LSB 5003HV (3) 85 da/jp 25/ 40
H.F. 2458 REAP RESTRICTIONS ON OPEN SPACES ACCOUNT 1 Sec. 34. Section 455A.19, subsection 1, paragraph a, Code 2 2014, is amended by adding the following new subparagraph: 3 NEW SUBPARAGRAPH . (4) The department shall not acquire 4 any interest in land using moneys allocated to the open spaces 5 account under this paragraph “a” by exercising the power of 6 eminent domain, including as provided in chapters 6A and 6B. 7 Sec. 35. PENDING EMINENT DOMAIN PROCEEDINGS 8 TERMINATED. Any proceeding commenced by the state and pending 9 on the effective date of this division of this Act to acquire 10 any interest in land using moneys allocated to the open spaces 11 account under section 455A.19, subsection 1, paragraph “a”, by 12 exercising the power of eminent domain, including as provided 13 in chapters 6A and 6B, shall be immediately terminated. 14 Sec. 36. APPROPRIATION MADE CONTINGENT. All unencumbered 15 and unobligated moneys appropriated to the department of 16 natural resources from the general fund of the state under 17 2013 Iowa Acts, chapter 132, section 37, as amended in this 18 2014 Iowa Act, shall immediately revert to the general fund of 19 the state if the department uses moneys allocated to the open 20 spaces account under section 455A.19, subsection 1, paragraph 21 “a”, to acquire any interest in land by exercising the power of 22 eminent domain, including as provided in chapters 6A and 6B. 23 Sec. 37. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION XIV 27 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 LOESS HILLS 28 AUTHORITY AND ALLIANCE 29 Sec. 38. NEW SECTION . 161D.9 Oversee or manage public or 30 private land —— referendum. 31 1. The loess hills development and conservation authority 32 or the board of directors of the loess hills alliance shall not 33 execute any agreement with a local government or the state or 34 federal government, if the agreement allows the authority or 35 -26- LSB 5003HV (3) 85 da/jp 26/ 40
H.F. 2458 alliance to oversee or manage public or private land situated 1 within the loess hills area, unless the question to oversee or 2 manage such land is approved by a referendum of eligible voters 3 asked to answer either “yes” or “no”. An eligible voter must 4 be an individual who is a citizen of the United States, not 5 less than eighteen years of age, and the owner of land located 6 within twenty-five miles from the borders of the land that the 7 authority or alliance proposes to oversee or manage. 8 2. a. The board of directors of the alliance shall provide 9 notice of the referendum to eligible voters by publication in 10 the same manner provided in section 331.305. A copy of the 11 notice shall also be sent by ordinary mail to the last known 12 mailing address of each eligible voter. The notice shall 13 provide eligible voters with all information necessary to cast 14 a vote at a reasonable time and a reasonable manner. 15 b. The board of directors of the alliance may conduct the 16 referendum by mail, electronic means, or a general meeting of 17 eligible voters. The board of directors shall conduct the 18 referendum and count and tabulate the ballots cast during 19 the referendum within thirty days following the close of the 20 referendum. 21 c. If the voters disapprove the question, an additional 22 referendum on the same question shall not be conducted. 23 3. This section shall not be construed to increase the 24 authority of the alliance provided in this chapter. 25 Sec. 39. NEW SECTION . 161D.10 Rules. 26 The board of directors of the alliance shall adopt all rules 27 necessary to administer this subchapter. 28 Sec. 40. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 DIVISION XV 32 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 33 EMINENT DOMAIN 34 Sec. 41. NEW SECTION . 6A.15 Property on state historic 35 -27- LSB 5003HV (3) 85 da/jp 27/ 40
H.F. 2458 registry. 1 1. Property listed on the state register of historic places 2 maintained by the historical division of the department of 3 cultural affairs shall not be removed from the register solely 4 for the purpose of allowing acquisition of the property by 5 condemnation, unless such condemnation is undertaken by the 6 department of transportation. 7 2. Property listed on the state register of historic places 8 maintained by the historical division of the department of 9 cultural affairs shall not be condemned by the state or a 10 political subdivision unless a joint resolution authorizing 11 commencement of the condemnation proceedings is approved by a 12 vote of at least two-thirds of the members of both chambers of 13 the general assembly and signed by the governor. The approval 14 requirements of this subsection shall not apply to condemnation 15 undertaken by the department of transportation. 16 Sec. 42. Section 6A.19, Code 2014, is amended to read as 17 follows: 18 6A.19 Interpretative clause. 19 A grant in this chapter of right to take private property 20 for a public use shall not be construed as limiting a like 21 grant elsewhere in the Code for another and different use. 22 Unless specifically provided by law, this chapter shall not 23 be construed to limit or otherwise affect the application of 24 chapters 478 and 479 to the eminent domain authority of the 25 utilities division of the department of commerce. 26 Sec. 43. Section 6A.22, subsection 2, paragraph c, 27 subparagraph (1), Code 2014, is amended to read as follows: 28 (1) (a) If private property is to be condemned for 29 development or creation of a lake, only that number of acres 30 justified as reasonable and necessary for a surface drinking 31 water source, and not otherwise acquired, may be condemned. 32 In addition, the acquiring agency shall conduct a review of 33 prudent and feasible alternatives to provision of a drinking 34 water source prior to making a determination that such 35 -28- LSB 5003HV (3) 85 da/jp 28/ 40
H.F. 2458 lake development or creation is reasonable and necessary. 1 Development or creation of a lake as a surface drinking water 2 source includes all of the following: 3 (i) Construction of the dam, including sites for suitable 4 borrow material and the auxiliary spillway. 5 (ii) The water supply pool. 6 (iii) The sediment pool. 7 (iv) The flood control pool. 8 (v) The floodwater retarding pool. 9 (vi) The surrounding area upstream of the dam no higher in 10 elevation than the top of the dam’s elevation. 11 (vii) The appropriate setback distance required by state or 12 federal laws and regulations to protect drinking water supply. 13 (b) For purposes of this subparagraph (1), “number of acres 14 justified as reasonable and necessary for a surface drinking 15 water source” means according to guidelines of the United 16 States natural resource conservation service and according to 17 analyses of surface drinking water capacity needs conducted by 18 one or more registered professional engineers. The registered 19 professional engineers may, if appropriate, employ standards 20 or guidelines other than the guidelines of the United States 21 natural resource conservation service when determining the 22 number of acres justified as reasonable and necessary for 23 a surface drinking water source. The data and information 24 used by the registered professional engineers shall include 25 data and information relating to population and commercial 26 enterprise activity for the area from the two most recent 27 federal decennial censuses unless the district court of the 28 county in which the property is situated has determined by 29 a preponderance of the evidence that such data would not 30 accurately predict the population and commercial enterprise 31 activity of the area in the future. 32 (c) A second review or analysis of the drinking water 33 capacity needs shall be performed upon receipt by the acquiring 34 agency of a petition signed by not less than twenty-five 35 -29- LSB 5003HV (3) 85 da/jp 29/ 40
H.F. 2458 percent of the affected property owners. The registered 1 professional engineer to perform the second review or analysis 2 shall be selected by a committee appointed by the affected 3 property owners and whose membership is comprised of at 4 least fifty percent property owners affected by the proposed 5 condemnation action. The acquiring agency shall be responsible 6 for paying the fees and expenses of such an engineer. 7 (d) If private property is to be condemned for development 8 or creation of a lake, the plans, analyses, applications, 9 including any application for funding, and other planning 10 activities of the acquiring agency shall not include or provide 11 for the use of the lake for recreational purposes. 12 Sec. 44. Section 6B.54, subsection 10, paragraph a, Code 13 2014, is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (3) Reasonable attorney fees and 15 reasonable costs not to exceed one hundred thousand dollars, 16 attributable to a determination that the creation of a lake 17 through condemnation includes a future recreational use or that 18 a violation of section 6A.22, subsection 2, paragraph “c” , 19 subparagraph (1), subparagraph division (d), has occurred, if 20 such fees and costs are not otherwise provided under section 21 6B.33. 22 Sec. 45. NEW SECTION . 6B.56B Disposition of condemned 23 property —— two-year time period. 24 1. When two years have elapsed since property was condemned 25 for the creation of a lake according to the requirements of 26 section 6A.22, subsection 2, paragraph “c” , subparagraph (1), 27 and the property has not been used for or construction has 28 not progressed substantially from the date the property was 29 condemned for the purpose stated in the application filed 30 pursuant to section 6B.3, and the acquiring agency has not 31 taken action to dispose of the property pursuant to section 32 6B.56, the acquiring agency shall, within sixty days, adopt a 33 resolution offering the property for sale to the prior owner 34 at a price as provided in section 6B.56. If the resolution 35 -30- LSB 5003HV (3) 85 da/jp 30/ 40
H.F. 2458 adopted approves an offer of sale to the prior owner, the offer 1 shall be made in writing and mailed by certified mail to the 2 prior owner. The prior owner has one hundred eighty days after 3 the offer is mailed to purchase the property from the acquiring 4 agency. 5 2. If the acquiring agency has not adopted a resolution 6 described in subsection 1 within the sixty-day time period, the 7 prior owner may, in writing, petition the acquiring agency to 8 offer the property for sale to the prior owner at a price as 9 provided in section 6B.56. Within sixty days after receipt of 10 such a petition, the acquiring agency shall adopt a resolution 11 described in subsection 1. If the acquiring agency does not 12 adopt such a resolution within sixty days after receipt of the 13 petition, the acquiring agency is deemed to have offered the 14 property for sale to the prior owner. 15 3. The acquiring agency shall give written notice to the 16 owner of the right to purchase the property under this section 17 at the time damages are paid to the owner. 18 Sec. 46. Section 403.7, subsection 1, unnumbered paragraph 19 1, Code 2014, is amended to read as follows: 20 A municipality shall have the right to acquire by 21 condemnation any interest in real property, including a fee 22 simple title thereto, which it may deem necessary for or in 23 connection with an urban renewal project under this chapter , 24 subject to the limitations on eminent domain authority 25 in chapter chapters 6A and 6B . However, a municipality 26 shall not condemn agricultural land included within an 27 economic development area for any use unless the owner of 28 the agricultural land consents to condemnation or unless the 29 municipality determines that the land is necessary or useful 30 for any of the following: 31 Sec. 47. NEW SECTION . 423B.11 Use of revenues —— 32 limitation. 33 The revenue raised by a local sales and services tax imposed 34 under this chapter by a county shall not be expended for any 35 -31- LSB 5003HV (3) 85 da/jp 31/ 40
H.F. 2458 purpose related to a project that includes the condemnation of 1 private property for the creation of a lake according to the 2 requirements of section 6A.22, subsection 2, paragraph “c” , 3 subparagraph (1), if the local sales and services tax has not 4 been approved at election in the area where the property to be 5 condemned is located. 6 Sec. 48. Section 455A.5, Code 2014, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 7. The authority granted to the commission 9 to acquire real property for purposes of carrying out a 10 duty related to development or maintenance of the recreation 11 resources of the state, including planning, acquisition, and 12 development of recreational projects, and areas and facilities 13 related to such projects, shall not include the authority to 14 acquire real property by eminent domain. 15 Sec. 49. Section 456A.24, subsection 2, unnumbered 16 paragraph 1, Code 2014, is amended to read as follows: 17 Acquire by purchase, condemnation, lease, agreement, 18 gift, and devise lands or waters suitable for the purposes 19 hereinafter enumerated, and rights-of-way thereto, and to 20 maintain the same for the following purposes , to wit : 21 Sec. 50. Section 456A.24, Code 2014, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 15. The authority granted the department 24 to acquire real property for any statutory purpose relating to 25 the development or maintenance of the recreation resources of 26 the state, including planning, acquisition, and development 27 of recreational projects, and areas and facilities related to 28 such projects, shall not include the authority to acquire real 29 property by eminent domain. 30 Sec. 51. Section 461A.7, Code 2014, is amended to read as 31 follows: 32 461A.7 Eminent domain Purchase of lands —— public parks . 33 The commission may purchase or condemn lands from willing 34 sellers for public parks. No A contract for the purchase of 35 -32- LSB 5003HV (3) 85 da/jp 32/ 40
H.F. 2458 such public parks shall not be made to an amount in excess of 1 funds appropriated therefor by the general assembly. 2 Sec. 52. Section 461A.10, Code 2014, is amended to read as 3 follows: 4 461A.10 Title to lands. 5 The title to all lands purchased, condemned, or donated , 6 hereunder, for park or highway purposes and the title to all 7 lands purchased, condemned, or donated hereunder for highway 8 purposes , shall be taken in the name of the state and if 9 thereafter it shall be deemed advisable to sell any portion of 10 the land so purchased or condemned, the proceeds of such sale 11 shall be placed to the credit of the said public state parks 12 fund to be used for such park purposes. 13 Sec. 53. Section 463C.8, subsection 1, paragraph k, Code 14 2014, is amended to read as follows: 15 k. The power to acquire, own, hold, administer, and dispose 16 of property , except that such power is not a grant of authority 17 to acquire property by eminent domain . 18 Sec. 54. 2013 Iowa Acts, chapter 132, is amended by adding 19 the following new section: 20 NEW SECTION . SEC. 75. REPEAL. Sections 461A.9 and 461A.75, 21 Code 2014, are repealed. 22 Sec. 55. SEVERABILITY. If any provision of this division of 23 this Act is held invalid, the invalidity shall not affect other 24 provisions or applications of this division of this Act which 25 can be given effect without the invalid provision, and to this 26 end the provisions of this division of this Act are severable 27 as provided in section 4.12. 28 Sec. 56. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 Sec. 57. APPLICABILITY. Except as otherwise provided in 32 this division of this Act, this division of this Act applies to 33 projects or condemnation proceedings pending or commenced on or 34 after the effective date of this division of this Act. 35 -33- LSB 5003HV (3) 85 da/jp 33/ 40
H.F. 2458 Sec. 58. RETROACTIVE APPLICABILITY. Notwithstanding any 1 provision of law to the contrary, the following provision or 2 provisions of this division of this Act apply retroactively to 3 projects or condemnation proceedings pending or commenced on or 4 after February 15, 2013: 5 1. The section of this division of this Act amending section 6 6A.22. 7 2. The section of this division of this Act enacting section 8 6B.56B. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 GENERAL. This bill relates to agriculture and natural 13 resources by increasing previously enacted appropriations 14 and making new appropriations for the 2014-2015 fiscal year 15 to support related entities, including the department of 16 agriculture and land stewardship (DALS), the department of 17 natural resources (DNR), and Iowa state university (ISU). The 18 previously enacted appropriations were made in 2013 Iowa Acts, 19 chapter 132 (SF 435). 20 DALS —— GENERAL FUND APPROPRIATION. For DALS, moneys are 21 appropriated from the general fund in order to support its 22 administrative divisions. Moneys are transferred to Iowa state 23 university to support its midwest grape and wine institute. 24 DALS —— MISCELLANEOUS FUNDS APPROPRIATIONS. The bill 25 appropriates moneys from a number of sources to support DALS 26 in order to support designated purposes, including moneys 27 derived from unclaimed winnings from horse and dog races, 28 for administration and enforcement of racing regulations 29 (Code section 99D.22); and moneys from the renewable fuel 30 infrastructure fund, for purposes of motor fuel inspection and 31 auditing biofuel processing and production (Code chapter 214A). 32 DALS —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill makes 33 special appropriations from the general fund to DALS in order 34 to support specific purposes including milk inspection (Code 35 -34- LSB 5003HV (3) 85 da/jp 34/ 40
H.F. 2458 section 192.109), the local food and farm program (Code chapter 1 267A), an agricultural education organization, and assistance 2 to farmers with disabilities. 3 DALS —— WATER QUALITY INITIATIVE. Moneys are appropriated 4 from the general fund for deposit in a water quality initiative 5 fund for purposes of supporting a water quality initiative 6 administered by DALS’ soil conservation division and ISU. The 7 bill allows DALS to use a portion of the appropriated moneys 8 for urban soil and water conservation. 9 DNR —— GENERAL FUND AND OTHER MAJOR FUNDS APPROPRIATIONS. 10 The bill makes appropriations from a number of funds to DNR in 11 order to support its administrative divisions involving natural 12 resources and environmental protection from the general fund 13 of the state, the state fish and game protection fund, and the 14 groundwater protection fund. 15 DNR —— DESIGNATED MISCELLANEOUS FUNDS APPROPRIATIONS. The 16 bill appropriates moneys to DNR from a number of sources to 17 support designated purposes, including moneys deposited in the 18 special snowmobile fund (Code section 321G.7) to provide for 19 administering and enforcing the state snowmobile programs; and 20 moneys deposited in the unassigned revenue fund for purposes 21 of paying for administration of the department’s underground 22 storage tank section. 23 DNR —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill also 24 makes special appropriations from the general fund to DNR 25 in order to support specific purposes including floodplain 26 management and dam safety, and forestry health management 27 programs. Moneys are also transferred from the general fund to 28 the loess hills development and conservation fund. 29 ISU —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill 30 appropriates moneys from the general fund to ISU to support the 31 operation of its veterinary diagnostic laboratory. 32 DALS AND DNR —— GENERAL ENVIRONMENT FIRST FUND. The bill 33 appropriates moneys from the environment first fund to DALS 34 and DNR. For DALS, moneys are appropriated to support the 35 -35- LSB 5003HV (3) 85 da/jp 35/ 40
H.F. 2458 conservation reserve enhancement program, a farm management 1 demonstration program, the conservation reserve program; soil 2 and water conservation efforts, the loess hills development and 3 conservation fund, and the agricultural drainage well water 4 quality assistance fund. For DNR, moneys are appropriated to 5 support keepers of the land; the maintenance of state parks; 6 geographic information systems; water quality monitoring; the 7 public water supply system account; the regulation of animal 8 feeding operations; ambient air quality regulation; water 9 quality regulation; the operation of DNR’s geological and water 10 survey; the keep Iowa beautiful initiative; and the silos and 11 smokestacks national heritage area. 12 The bill provides that moneys appropriated to DALS for FY 13 2014 and FY 2015 to support soil and water conservation do not 14 revert until the close of the fourth fiscal year after the 15 appropriation was made. 16 RESOURCE ENHANCEMENT AND PROTECTION (REAP). The amount 17 of $16 million is appropriated from the environment first 18 fund for FY 2014-2015 in lieu of the $20 million standing 19 appropriation from the general fund (Code section 455A.18). A 20 special appropriation is made from REAP’s open spaces account 21 for FY 2013-2014 and FY 2014-2015. The appropriation for FY 22 2013-2014 is for purposes of supporting regular maintenance 23 and operations of state parks and the appropriation for 24 FY 2014-2015 is made for purposes of supporting regular 25 maintenance and operations of state parks forestry health 26 management programs. 27 DNR PURCHASE OF RADIOS. The bill extends the period for 28 one year that DNR is authorized to purchase radios using the 29 unappropriated balance remaining in the state fish and game 30 fund. 31 MANURE MANAGEMENT CERTIFICATION. The bill extends for 32 another fiscal year the period when DNR may expend money 33 appropriated for FY 2013-2014 in order to implement an online 34 certification program for manure applicators. The provision is 35 -36- LSB 5003HV (3) 85 da/jp 36/ 40
H.F. 2458 effective upon enactment. 1 STATUTORY CHANGES —— REAP’s OPEN SPACES ACCOUNT. The bill 2 prohibits DNR from exercising eminent domain power in acquiring 3 land using moneys allocated to REAP’s open spaces account. 4 STATUTORY CHANGES —— WATER QUALITY INITIATIVE. The bill 5 provides that information received, collected, or held by the 6 Iowa nutrient research center or a nonprofit organization 7 acting under the water quality initiative (Code chapter 466B, 8 subchapter IV) is a confidential record and exempted from 9 public access under the public records law. 10 STATUTORY CHANGES —— LOESS HILLS DEVELOPMENT AND 11 CONSERVATION. The bill prohibits the loess hills development 12 and conservation authority or board of directors of the loess 13 hills alliance from executing any agreement with a local 14 government or the state or federal government that allows the 15 authority or alliance to oversee or manage public or private 16 land unless approved by a referendum of persons holding land 17 in proximity to the land proposed to be overseen or managed. 18 The board is also required to adopt rules to administer its 19 responsibilities. 20 STATUTORY CHANGES —— EMINENT DOMAIN PROCEDURES. 21 GENERAL. The bill includes a division that makes changes 22 relating to eminent domain authority and procedures. 23 STATE REGISTER OF HISTORIC PLACES. The bill provides that 24 property listed on the state register of historic places shall 25 not be removed from the register solely for the purpose of 26 allowing the property to be acquired by condemnation unless the 27 condemnation is undertaken by the department of transportation. 28 The bill also provides that property on the state register 29 of historic places shall not be condemned unless a joint 30 resolution authorizing the condemnation is approved by a vote 31 of at least two-thirds of each chamber of the general assembly 32 and signed by the governor. This approval procedure, however, 33 does not apply to a condemnation undertaken by the department 34 of transportation. 35 -37- LSB 5003HV (3) 85 da/jp 37/ 40
H.F. 2458 UTILITIES DIVISION. The bill specifies that Code chapter 1 6A, unless specifically provided by law, is not to be construed 2 to limit or otherwise affect the application of Code chapters 3 478 and 479 providing eminent domain authority to the utilities 4 division of the department of commerce. 5 LAKES —— GENERAL. The bill makes changes relating to eminent 6 domain authority in relation to development or creation of 7 a lake. The bill provides that when determining the number 8 of acres justified as reasonable and necessary for a surface 9 drinking water source, the registered professional engineers 10 may, if appropriate, employ standards or guidelines other 11 than the guidelines of the United States natural resource 12 conservation service. The bill requires the data and 13 information used by the registered professional engineers 14 to include data and information relating to population and 15 commercial enterprise activity for the area from the two most 16 recent federal decennial censuses unless the district court of 17 the county in which the property is situated has determined 18 by a preponderance of the evidence that such data would not 19 accurately predict the population and commercial enterprise 20 activity of the area in the future. 21 LAKES —— DRINKING WATER. The bill also provides that a 22 second review or analysis of the drinking water capacity needs 23 shall be performed upon receipt by the acquiring agency of a 24 petition signed by not less than 25 percent of the affected 25 property owners. The registered professional engineer to 26 perform the second review or analysis shall be selected by 27 a committee appointed by the affected property owners and 28 comprised of at least 50 percent property owners affected by 29 the proposed condemnation action. The bill further provides 30 that the acquiring agency shall pay for the services of such 31 an engineer. 32 LAKES —— RECREATIONAL PURPOSES LIMITED. The bill provides 33 that if private property is to be condemned for development 34 or creation of a lake, the plans, analyses, applications, 35 -38- LSB 5003HV (3) 85 da/jp 38/ 40
H.F. 2458 including any application for funding, and other planning 1 activities of the acquiring agency shall not include or provide 2 for the use of the lake for recreational purposes. 3 LAKES —— ATTORNEY FEES. The bill adds reasonable attorney 4 fees and reasonable costs that are attributable to certain 5 condemnation proceedings relating to the creation of a lake, 6 up to $100,000, to the list of expenses reimbursable by an 7 acquiring agency to a property owner. 8 LAKES —— RESALE TO PRIOR OWNER. The bill provides that 9 when two years have elapsed since property was condemned for 10 the creation of a lake and the property has not been used 11 for or construction has not progressed substantially for the 12 purpose stated in the application, and the acquiring agency 13 has not taken action to dispose of the property pursuant to 14 Code section 6B.56, the acquiring agency shall, within 60 15 days, adopt a resolution offering the property for sale to the 16 prior owner at a price as provided in Code section 6B.56. If 17 the acquiring agency has not adopted a resolution within the 18 60-day time period, the prior owner may petition the acquiring 19 agency to offer the property for sale to the prior owner at a 20 price as provided in Code section 6B.56. The bill requires the 21 acquiring agency to give written notice to the owner at the 22 time damages are paid to the owner of the right to purchase the 23 property under such circumstances. 24 LAKES —— LOCAL SALES AND SERVICES TAX. The bill provides 25 that the revenue raised by a local sales and services tax 26 imposed under Code chapter 423B by a county shall not be 27 expended for any purpose related to a project that includes 28 the condemnation of private property for the creation of a 29 lake if the local sales and services tax has not been approved 30 at election in the area where the property to be condemned is 31 located. 32 URBAN RENEWAL. The bill also amends urban renewal law 33 relating to the circumstances in which a municipality may 34 condemn agricultural land within an economic development urban 35 -39- LSB 5003HV (3) 85 da/jp 39/ 40
H.F. 2458 renewal area to provide that condemnation may occur if viable 1 alternatives do not exist and the acquisition of the land is 2 necessary for the purposes stated in current law. 3 RECREATIONAL USES LIMITED. The bill provides that DNR and 4 the natural resource commission shall not exercise eminent 5 domain authority to acquire real property for purposes of 6 carrying out a duty related to development or maintenance of 7 the recreation resources of the state, including planning, 8 acquisition, and development of recreational projects, 9 and areas and facilities related to such projects. The 10 bill retains DNR’s authority to acquire property through 11 condemnation for highway purposes. 12 The bill’s division takes effect upon enactment and the 13 provisions amending Code section 6A.22 and enacting Code 14 section 6B.56B apply retroactively to projects or condemnation 15 proceedings pending or commenced on or after February 15, 2013. 16 -40- LSB 5003HV (3) 85 da/jp 40/ 40