HSB 679 (LSB 5003HB (2) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY HOUSE APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES)

A BILL FOR

An Act relating to and making appropriations involving state government entities involved with agriculture, natural resources, and environmental protection, making related statutory changes, providing for eminent domain procedures, and including effective and applicability date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

GENERAL APPROPRIATION FOR FY 2014-2015
    Section 1.  2013 Iowa Acts, chapter 132, section 27, is amended to read as follows:
   SEC. 27.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:

.................................................. $  8,790,664

_____________________________________________________17,605,492
............................................... FTEs     372.00

   2.  Of the amount appropriated in subsection 1, the following amount is transferred to Iowa state university of science and technology, to be used for the university’s midwest grape and wine industry institute:

.................................................. $    119,000

________________________________________________________238,000

   3.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated in this section to support the department’s administration, regulation, and programs.

DESIGNATED APPROPRIATIONS

MISCELLANEOUS FUNDS
    Sec. 2.  2013 Iowa Acts, chapter 132, section 28, is amended to read as follows:
   SEC. 28.  UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— HORSE AND DOG RACING.  There is appropriated from the moneys available under section 99D.13 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting the department’s administration and enforcement of horse and dog racing law pursuant to section 99D.22, including for salaries, support, maintenance, and miscellaneous purposes:

.................................................. $    152,758

________________________________________________________305,516
    Sec. 3.  2013 Iowa Acts, chapter 132, section 29, is amended to read as follows:
   SEC. 29.  RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR FUEL INSPECTION.  There is appropriated from the renewable fuel infrastructure fund created in section 159A.16 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of the inspection of motor fuel, including salaries, support, maintenance, and miscellaneous purposes:

.................................................. $    250,000

________________________________________________________500,000

   The department shall establish and administer programs for the auditing of motor fuel including biofuel processing and production plants, for screening and testing motor fuel, including renewable fuel, and for the inspection of motor fuel sold by dealers including retail dealers who sell and dispense motor fuel from motor fuel pumps.

SPECIAL APPROPRIATIONS

GENERAL FUND
    Sec. 4.  2013 Iowa Acts, chapter 132, section 30, is amended to read as follows:
   SEC. 30.  DAIRY REGULATION.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For purposes of performing functions pursuant to section 192.109, including conducting a survey of grade “A” milk and certifying the results to the secretary of agriculture:

.................................................. $     94,598

________________________________________________________189,196

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 5.  2013 Iowa Acts, chapter 132, section 31, is amended to read as follows:
   SEC. 31.  LOCAL FOOD AND FARM PROGRAM.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For purposes of supporting the local food and farm program pursuant to chapter 267A:

.................................................. $     37,500

_________________________________________________________75,000

   2.  The department shall enter into a cost-sharing agreement with Iowa state university to support the local food and farm program coordinator position as part of the university’s cooperative extension service in agriculture and home economics pursuant to chapter 267A.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 6.  2013 Iowa Acts, chapter 132, section 32, is amended to read as follows:
   SEC. 32.  AGRICULTURAL EDUCATION.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For purposes of allocating moneys to an Iowa association affiliated with a national organization which promotes agricultural education providing for future farmers:

.................................................. $     12,500

_________________________________________________________25,000

   2.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2014, in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 7.  2013 Iowa Acts, chapter 132, section 33, is amended to read as follows:
   SEC. 33.  FARMERS WITH DISABILITIES PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting a program for farmers with disabilities:

.................................................. $     65,000

________________________________________________________130,000

   2.  The moneys appropriated in subsection 1 shall be used for the public purpose of providing a grant to a national nonprofit organization with over 80 years of experience in assisting children and adults with disabilities and special needs.
   a.  The moneys shall be used to support a nationally recognized program that began in 1986 and has been replicated in at least 30 other states, but which is not available through any other entity in this state, and that provides assistance to farmers with disabilities in all 99 counties to allow the farmers to remain in their own homes and be gainfully engaged in farming through provision of agricultural worksite and home modification consultations, peer support services, services to families, information and referral, and equipment loan services.
   b.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

DIVISION II

GENERAL FUND

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

WATER QUALITY

APPROPRIATIONS FOR FY 2014-2015
    Sec. 8.  2013 Iowa Acts, chapter 132, section 34, is amended to read as follows:
   SEC. 34.  WATER QUALITY INITIATIVE —— GENERAL.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For deposit in the water quality initiative fund created in section 466B.45, as enacted by this Act, for purposes of supporting the water quality initiative administered by the soil conservation division as provided in section 466B.42, as enacted by this Act, including salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions:

.................................................. $  4,400,000

............................................... FTEs       1.00

___________________________________________________________2.00

   2.  a.  The moneys appropriated in subsection 1 shall be used to support reducing nutrients projects in subwatersheds as designated by the division that are part of high-priority watersheds identified by the water resources coordinating council established pursuant to section 466B.3. In supporting reducing nutrients
   b.  The moneys appropriated in subsection 1 shall be used to support projects in watersheds generally, including regional watersheds, as designated by the division and high-priority watersheds identified by the water resources coordinating council established pursuant to section 466B.3.
   2A.  In supporting projects in subwatersheds, the division shall establish and administer demonstration projects as follows and watersheds as provided in subsection 2, all of the following shall apply:
   a.  The demonstration projects shall utilize water quality practices as described in the latest revision of the document entitled “Iowa Nutrient Reduction Strategy” initially presented in November 2012 by the department of agriculture and land stewardship, the department of natural resources, and Iowa state university of science and technology.
   b.  The division shall implement demonstration projects as provided in paragraph “a” by providing for participation by persons who hold a legal interest in agricultural land used in farming. To every extent practical, the division shall provide for collaborative participation by such persons who hold a legal interest in agricultural land located within the same subwatershed.
   c.  The division shall implement a demonstration project on a cost-share basis as determined by the division. However, the state’s share of the amount shall not exceed 50 percent of the estimated cost of establishing the practice as determined by the division or 50 percent of the actual cost of establishing the practice, whichever is less.
   d.  The demonstration projects shall be used to educate other persons about the feasibility and value of establishing similar water quality practices. The division shall promote field day events for purposes of allowing interested persons to establish water quality practices on their agricultural land.
   e.  The division shall conduct water quality evaluations within supported subwatersheds. Within a reasonable period after accumulating information from such evaluations, the division shall create an aggregated database of water quality practices. Any information identifying a person holding a legal interest in agricultural land or specific agricultural land shall be a confidential record under section 22.7 received, collected, or held under this section is a confidential record and is exempted from public access pursuant to section 466B.49 as enacted by this 2014 Act.
   3.  The moneys appropriated in subsection 1 shall be used to support education and outreach in a manner that encourages persons who hold a legal interest in agricultural land used for farming to implement water quality practices, including the establishment of such practices in watersheds generally, and not limited to subwatersheds or high-priority watersheds.
   4.  The moneys appropriated in subsection 1 may be used to contract with persons to coordinate the implementation of efforts provided in this section. Not more than $150,000 shall be used to support the administration of this section by a full-time equivalent position.
   5.  Notwithstanding any other provision of law to the contrary, the department may use moneys appropriated in subsection 1 to carry out the provisions of this section on a cost-share basis in combination with other moneys appropriated available to the department from the environment first fund created in section 8.57A for cost sharing to match the United States department of agriculture, natural resources conservation service, wetland reserve enhancement program a state or federal source.
    Sec. 9.  2013 Iowa Acts, chapter 132, section 35, is amended to read as follows:
   SEC. 35.  IOWA NUTRIENT RESEARCH CENTER.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting an Iowa nutrient research center as established in section 466B.47, as enacted in this Act:

.................................................. $    750,000

______________________________________________________1,500,000

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2015.
    Sec. 10.  2013 Iowa Acts, chapter 132, section 36, is amended to read as follows:
   SEC. 36.  WATER QUALITY INITIATIVE APPROPRIATIONS —— FEDERAL MONEYS.  The department of agriculture and land stewardship, and its soil conservation division, may use moneys appropriated in this division of this Act to support the water quality initiative, including its projects, as provided in this division of this Act, in combination with other moneys provided by the United States government.

DIVISION III

DEPARTMENT OF NATURAL RESOURCES

GENERAL APPROPRIATIONS FOR FY 2014-2015
    Sec. 11.  2013 Iowa Acts, chapter 132, section 37, is amended to read as follows:
   SEC. 37.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:

.................................................. $  6,383,350

_____________________________________________________12,862,307
............................................... FTEs   1,145.95

   2.  Of the number of full-time equivalent positions authorized to the department pursuant to subsection 1, 50.00 full-time equivalent positions shall be allocated by the department for seasonal employees for purposes of providing maintenance, upkeep, and sanitary services at state parks. This subsection shall not impact park ranger positions within the department.
   3.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated under this section to support the department’s administration, regulation, and programs.
    Sec. 12.  2013 Iowa Acts, chapter 132, section 38, is amended to read as follows:
   SEC. 38.  STATE FISH AND GAME PROTECTION FUND —— REGULATION AND ADVANCEMENT OF OUTDOOR ACTIVITIES.
   1.  There is appropriated from the state fish and game protection fund to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting the regulation or advancement of hunting, fishing, or trapping, or the protection, propagation, restoration, management, or harvest of fish or wildlife, including for administration, regulation, law enforcement, and programs; and for salaries, support, maintenance, equipment, and miscellaneous purposes:

.................................................. $ 20,539,117

_____________________________________________________41,223,225

   2.  Notwithstanding section 455A.10, the department may use the unappropriated balance remaining in the state fish and game protection fund to provide for the funding of health and life insurance premium payments from unused sick leave balances of conservation peace officers employed in a protection occupation who retire, pursuant to section 97B.49B.
   3.  Notwithstanding section 455A.10, the department of natural resources may use the unappropriated balance remaining in the state fish and game protection fund for the fiscal year beginning July 1, 2014, and ending June 30, 2015, as is necessary to fund salary adjustments for departmental employees which the general assembly has made an operating budget appropriation for in subsection 1.
    Sec. 13.  2013 Iowa Acts, chapter 132, section 39, is amended to read as follows:
   SEC. 39.  GROUNDWATER PROTECTION FUND —— WATER QUALITY.  

There is appropriated from the groundwater protection fund created in section 455E.11 to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, from those moneys which are not allocated pursuant to that section, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting the department’s protection of the state’s groundwater, including for administration, regulation, and programs, and for salaries, support, maintenance, equipment, and miscellaneous purposes:

.................................................. $  1,727,916

______________________________________________________3,455,832

DESIGNATED APPROPRIATIONS

MISCELLANEOUS FUNDS
    Sec. 14.  2013 Iowa Acts, chapter 132, section 40, is amended to read as follows:
   SEC. 40.  SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM.  

There is appropriated from the special snowmobile fund created under section 321G.7 to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purpose designated:

   For purposes of administering and enforcing the state snowmobile programs:

.................................................. $     50,000

________________________________________________________100,000
    Sec. 15.  2013 Iowa Acts, chapter 132, section 41, is amended to read as follows:
   SEC. 41.  UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE TANK SECTION EXPENSES.  There is appropriated from the unassigned revenue fund administered by the Iowa comprehensive underground storage tank fund board to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purpose designated:

   For purposes of paying for administration expenses of the department’s underground storage tank section:

.................................................. $    100,000

________________________________________________________200,000

SPECIAL APPROPRIATIONS

GENERAL FUND
    Sec. 16.  2013 Iowa Acts, chapter 132, section 42, is amended to read as follows:
   SEC. 42.  FLOODPLAIN MANAGEMENT AND DAM SAFETY.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purpose designated:

   For purposes of supporting floodplain management and dam safety:

.................................................. $  1,000,000

______________________________________________________2,000,000

   2.  Of the amount appropriated in subsection 1, up to $340,000 $400,000 may be used by the department to acquire or install stream gages for purposes of tracking and predicting flood events and for compiling necessary data to improve flood frequency analysis.
   3.  Notwithstanding section 8.33, moneys appropriated in subsection 1 that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 17.  2013 Iowa Acts, chapter 132, section 43, is amended to read as follows:
   SEC. 43.  FORESTRY HEALTH MANAGEMENT.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of providing for forestry health management programs:

.................................................. $    100,000

________________________________________________________200,000

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 18.  2013 Iowa Acts, chapter 132, section 44, is amended to read as follows:
   SEC. 44.  LOESS HILLS DEVELOPMENT AND CONSERVATION FUND.
   1.  There is transferred from the general fund of the state to the loess hills development and conservation fund created in section 161D.2 for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For supporting the purposes of the fund:

.................................................. $     37,500

_________________________________________________________75,000

   2.  a.  Of the amount transferred in subsection 1, $28,125 $56,250 shall be allocated to the fund’s hungry canyons account.
   b.  Not more than 10 percent of the moneys allocated to the hungry canyons account as provided in paragraph “a” may be used for administrative costs.
   3.  a.  Of the amount transferred in subsection 1, $9,375 $18,750 shall be allocated to the fund’s loess hills alliance account.
   b.  Not more than 10 percent of the moneys allocated to the loess hills alliance account as provided in paragraph “a” may be used for administrative costs.
   4.  Moneys deposited to the loess hills development and conservation fund and its accounts for the fiscal year are appropriated to the authority to be used as provided by law.

DIVISION IV

IOWA STATE UNIVERSITY

SPECIAL GENERAL FUND APPROPRIATION FOR FY 2014-2015
    Sec. 19.  2013 Iowa Acts, chapter 132, section 45, is amended to read as follows:
   SEC. 45.  VETERINARY DIAGNOSTIC LABORATORY.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For purposes of supporting the college of veterinary medicine for the operation of the veterinary diagnostic laboratory and for not more than the following full-time equivalent positions:

.................................................. $  1,881,318

______________________________________________________4,000,000
............................................... FTEs      50.00

__________________________________________________________51.00

   2.  a.  Iowa state university of science and technology shall not reduce the amount that it allocates to support the college of veterinary medicine from any other source due to the appropriation made in this section.
   b.  Paragraph “a” does not apply to a reduction made to support the college of veterinary medicine, if the same percentage of reduction imposed on the college of veterinary medicine is also imposed on all of Iowa state university’s budget units.
   3.  If by June 30, 2015, Iowa state university of science and technology fails to allocate the moneys appropriated in this section to the college of veterinary medicine in accordance with this section, the moneys appropriated in this section for that fiscal year shall revert to the general fund of the state.

DIVISION V

ENVIRONMENT FIRST FUND

GENERAL APPROPRIATIONS FOR FY 2014-2015
    Sec. 20.  2013 Iowa Acts, chapter 132, section 47, is amended to read as follows:
   SEC. 47.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.  There is appropriated from the environment first fund created in section 8.57A to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP)
   a.  For the conservation reserve enhancement program to restore and construct wetlands for the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices:

.................................................. $    500,000

______________________________________________________1,000,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Notwithstanding any other provision in law, the department may provide state resources from this appropriation, in combination with other appropriate environment first fund appropriations, for cost sharing to match United States department of agriculture, natural resources conservation service, wetlands reserve enhancement program (WREP) funding available to Iowa.
   2.  WATERSHED PROTECTION
   a.  For continuation of a program that provides multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation:

.................................................. $    450,000

________________________________________________________900,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   3.  FARM MANAGEMENT DEMONSTRATION PROGRAM
   a.  For continuation of a statewide voluntary farm management demonstration program to demonstrate the effectiveness and adaptability of emerging practices in agronomy that protect water resources and provide other environmental benefits:

.................................................. $    312,500

________________________________________________________625,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Of the amount appropriated in paragraph “a”, $200,000 $400,000 shall be allocated to an organization representing soybean growers to provide for an agriculture and environment performance program in order to carry out the purposes of this subsection as specified in paragraph “a”.
   4.  SOIL AND WATER CONSERVATION —— ADMINISTRATION

   For use by the department for costs of administration and implementation of soil and water conservation practices:

.................................................. $  1,275,000

______________________________________________________2,550,000

   5.  CONSERVATION RESERVE PROGRAM (CRP)
   a.  To encourage and assist farmers in enrolling in and the implementation of the federal conservation reserve program and to work with them to enhance their revegetation efforts to improve water quality and habitat:

.................................................. $    500,000

______________________________________________________1,000,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   6.  SOIL AND WATER CONSERVATION
   a.  For use by the department in providing for soil and water conservation administration, the conservation of soil and water resources, or the support of soil and water conservation district commissioners:

.................................................. $  3,325,000

______________________________________________________7,375,000

   b.  Not more than 5 percent of the moneys appropriated in paragraph “a” may be allocated for cost sharing to address complaints filed under section 161A.47.
   c.  Of the moneys appropriated in paragraph “a”, 5 percent shall be allocated for financial incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73.
   d.  Not more than 30 percent of a soil and water conservation district’s allocation of moneys as financial incentives may be provided for the purpose of establishing management practices to control soil erosion on land that is row cropped, including but not limited to no-till planting, ridge-till planting, contouring, and contour strip-cropping as provided in section 161A.73.
   e.  The state soil conservation committee established by section 161A.4 may allocate moneys appropriated in paragraph “a” to conduct research and demonstration projects to promote conservation tillage and nonpoint source pollution control practices.
   f.  The allocation of moneys as financial incentives as provided in section 161A.73 may be used in combination with moneys allocated by the department of natural resources.
   g.  Not more than 15 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   h.  In lieu of moneys appropriated in section 466A.5, not more than $25,000 $50,000 of the moneys appropriated in paragraph “a” shall be used by the soil conservation division of the department of agriculture and land stewardship to provide administrative support to the watershed improvement review board established in section 466A.3.
   i.  The department may use not more than $375,000 of the moneys appropriated in paragraph “a” to support urban soil and water conservation efforts, which may include but is not limited to management practices related to bio-retention, landscaping, the use of permeable pavement, and soil quality restoration. The moneys shall be allocated on a cost-share basis as provided in chapter 161A.
   7.  LOESS HILLS DEVELOPMENT AND CONSERVATION FUND
   a.  For deposit in the loess hills development and conservation fund created in section 161D.2:

.................................................. $    262,500

________________________________________________________800,000

   b.  (1)  Of the amount appropriated in paragraph “a”, $196,875 $600,000 shall be allocated to the fund’s hungry canyons account.
   (2)  Not more than 10 percent of the moneys allocated to the hungry canyons account as provided in subparagraph (1) may be used for administrative costs.
   c.  (1)  Of the amount appropriated in paragraph “a”, $65,625 $200,000 shall be allocated to the fund’s loess hills alliance account.
   (2)  Not more than 10 percent of the moneys allocated to the loess hills alliance account as provided in subparagraph (1) may be used for administrative costs.
   8.  AGRICULTURAL DRAINAGE WELL WATER QUALITY ASSISTANCE FUND

   For deposit in the agricultural drainage well water quality assistance fund created in section 460.303 to be used for purposes of supporting the agricultural drainage well water quality assistance program as provided in section 460.304:
.................................................. $    550,000

   9.  SILOS AND SMOKESTACKS

   For purposes of supporting the silos and smokestacks national heritage area to provide continued agricultural education and preservation:
.................................................. $    200,000
    Sec. 21.  2013 Iowa Acts, chapter 132, section 48, is amended to read as follows:
   SEC. 48.  DEPARTMENT OF NATURAL RESOURCES.  There is appropriated from the environment first fund created in section 8.57A to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  KEEPERS OF THE LAND

   For statewide coordination of volunteer efforts under the water quality and keepers of the land programs:

.................................................. $     50,000

________________________________________________________100,000

   2.  STATE PARKS MAINTENANCE AND OPERATIONS

   For regular maintenance and operations of state parks and staff time associated with these activities:

.................................................. $  3,180,000

______________________________________________________4,610,000

   3.  GEOGRAPHIC INFORMATION SYSTEM (GIS)

   To provide local watershed managers with geographic information system data for their use in developing, monitoring, and displaying results of their watershed work:

.................................................. $     97,500

________________________________________________________195,000

   4.  WATER QUALITY MONITORING

   For continuing the establishment and operation of water quality monitoring stations:

.................................................. $  1,477,500

______________________________________________________2,955,000

   5.  PUBLIC WATER SUPPLY SYSTEM ACCOUNT

   For deposit in the public water supply system account of the water quality protection fund created in section 455B.183A:

.................................................. $    250,000

________________________________________________________500,000

   6.  REGULATION OF ANIMAL FEEDING OPERATIONS

   For the regulation of animal feeding operations, including as provided for in chapters 459 through 459B:

.................................................. $    660,000

______________________________________________________1,320,000

   7.  AMBIENT AIR QUALITY

   For the abatement, control, and prevention of ambient air pollution in this state, including measures as necessary to assure attainment and maintenance of ambient air quality standards from particulate matter:

.................................................. $    212,500

________________________________________________________425,000

   8.  WATER QUANTITY REGULATION

   For regulating water quantity from surface and subsurface sources by providing for the allocation and use of water resources, the protection and management of water resources, and the preclusion of conflicts among users of water resources, including as provided in chapter 455B, division III, part 4:

.................................................. $    247,500

________________________________________________________495,000

   9.  GEOLOGICAL AND WATER SURVEY

   For continuing the operations of the department’s geological and water survey including but not limited to providing analysis, data collection, investigative programs, and information for water supply development and protection:

.................................................. $    100,000

________________________________________________________200,000

   10.  KEEP IOWA BEAUTIFUL INITIATIVE

   For purposes of supporting a keep Iowa beautiful initiative in order to assist communities in developing and implementing beautification and community development plans:

.................................................. $    100,000

________________________________________________________200,000
    Sec. 22.  2013 Iowa Acts, chapter 132, section 49, is amended to read as follows:
   SEC. 49.  REVERSION.
   1.  Notwithstanding Except as provided in subsection 2, and notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2014, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the fiscal year beginning July 1, 2015, or until the project for which the appropriation was made is completed, whichever is earlier.
   2.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2014, in this division of this Act to the department of agriculture and land stewardship to provide financial assistance for the establishment of permanent soil and water conservation practices that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2017.

DIVISION VI

ENVIRONMENT FIRST FUND

SPECIAL APPROPRIATION FOR FY 2014-2015
    Sec. 23.  2013 Iowa Acts, chapter 132, is amended by adding the following new section:
   NEW SECTION.  SEC. 64.  REAP —— IN LIEU OF GENERAL FUND APPROPRIATION.  Notwithstanding the amount of the standing appropriation from the general fund of the state to the Iowa resources enhancement and protection fund as provided in section 455A.18, there is appropriated from the environment first fund created in section 8.57A to the Iowa resources enhancement and protection fund, in lieu of the appropriation made in section 455A.18, for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, to be allocated as provided in section 455A.19:
   .................................................. $ 16,000,000

DIVISION VII

SOIL AND WATER CONSERVATION PRACTICES

REVERSION OF APPROPRIATIONS FOR FY 2013-2014
    Sec. 24.  2013 Iowa Acts, chapter 132, section 25, is amended to read as follows:
   SEC. 25.  REVERSION.
   1.  Notwithstanding Except as provided in subsection 2, and notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2013, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year or until the project for which the appropriation was made is completed, whichever is earlier.
   2.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2013, in this division of this Act to the department of agriculture and land stewardship to provide financial assistance for the establishment of permanent soil and water conservation practices that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2016.

DIVISION VIII

REAP —— OPEN SPACES ACCOUNT

SPECIAL APPROPRIATION FOR FY 2013-2014
    Sec. 25.  2013 Iowa Acts, chapter 132, is amended by adding the following new section:
   NEW SECTION.  SEC. 65.  SPECIAL APPROPRIATION.
   1.  Notwithstanding section 455A.19, subsection 1, paragraph “a”, there is appropriated from the open spaces account of the Iowa resources enhancement and protection fund to the department of natural resources for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the regular maintenance and operations of state parks and staff time associated with these activities:
.................................................. $    250,000

   2.  The moneys appropriated in subsection 1 shall be expended on or after the effective date of this division of this Act prior to the expenditure of any unobligated moneys remaining in the open spaces account.
   3.  Notwithstanding section 455A.19, subsection 2, any moneys appropriated in this section that remain unexpended or unobligated at the close of the fiscal year beginning July 1, 2013, shall revert to the Iowa resources enhancement and protection fund created pursuant to section 455A.18 for allocation to accounts other than the open spaces account as provided in section 455A.19.
    Sec. 26.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION IX

REAP —— OPEN SPACES ACCOUNT

SPECIAL APPROPRIATIONS FOR FY 2014-2015 
    Sec. 27.  2013 Iowa Acts, chapter 132, is amended by adding the following new section:
   NEW SECTION.  SEC. 66.  SPECIAL APPROPRIATIONS.
   1.  Notwithstanding section 455A.19, subsection 1, paragraph “a”, there is appropriated from the open spaces account of the Iowa resources enhancement and protection fund to the department of natural resources for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For purposes of supporting the regular maintenance and operations of state parks and staff time associated with these activities:
.................................................. $  1,000,000

   b.  For purposes of providing for forestry health management programs:
.................................................. $    300,000

   2.  The moneys appropriated in subsection 1 shall be expended on or after the effective date of this division of this Act prior to the expenditure or obligation of any moneys allocated to the account on or after the effective date of this division of this Act.
   3.  Notwithstanding section 455A.19, subsection 2, any moneys appropriated in this section that remain unexpended or unobligated at the close of the fiscal year beginning July 1, 2014, shall revert to the Iowa resources enhancement and protection fund created pursuant to section 455A.18 for allocation to accounts other than the open spaces account as provided in section 455A.19.

DIVISION X

RELATED STATUTORY CHANGES

DNR —— PURCHASE OF RADIOS
    Sec. 28.  2011 Iowa Acts, chapter 128, section 19, subsection 1, as amended by 2012 Iowa Acts, chapter 1135, section 15, as amended by 2013 Iowa Acts, chapter 132, section 51, is amended to read as follows:
   SEC. 19.  USE OF MONEYS —— RADIOS.
   1.  Notwithstanding 2010 Iowa Acts, chapter 1191, section 7, the department of natural resources may use the unappropriated balance remaining in the state fish and game protection fund for the fiscal year beginning July 1, 2010, and ending June 30, 2011, to purchase mobile radios to meet federal and state requirements for homeland security and public safety. This section applies to those moneys in the fund that are not otherwise used, obligated, or encumbered for payment of health and life insurance premium payments for conservation peace officer retirements for that fiscal year. The department may use such moneys until June 30, 2014 2015.
    Sec. 29.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XI

RELATED STATUTORY CHANGES

DNR —— MANURE MANAGEMENT CERTIFICATION
    Sec. 30.  2013 Iowa Acts, chapter 132, section 17, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Notwithstanding section 8.33, moneys appropriated in subsection 1 that remain unencumbered or unobligated at the close of the fiscal year beginning July 1, 2013, shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2014.
    Sec. 31.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XII

RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014

WATER QUALITY INITIATIVE —— CONFIDENTIALITY
    Sec. 32.  Section 466B.47, subsection 5, Code 2014, is amended by striking the subsection.
    Sec. 33.  NEW SECTION.  466B.49  Confidentiality of information.

   Any information received, collected, or held under this subchapter is a confidential record, and is exempted from public access as provided in section 22.7, if all of the following apply:

   1.  The information is received, collected, or held by any of the following:
   a.  The center.
   b.  A nonprofit organization that conducts nutrient management research, including but not limited to conducting evaluations, assessments, or validations.
   2.  The information identifies any of the following:
   a.  A person who holds a legal interest in agricultural land or who has previously held a legal interest in agricultural land.
   b.  A person who is involved or who has previously been involved in managing the agricultural land or producing crops or livestock on the agricultural land.
   c.  The identifiable location of the agricultural land.
    Sec. 34.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XIII

RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014

REAP RESTRICTIONS ON OPEN SPACES ACCOUNT
    Sec. 35.  Section 455A.19, subsection 1, paragraph a, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  The department shall not acquire any interest in land using moneys allocated to the open spaces account under this paragraph “a” by exercising the power of eminent domain, including as provided in chapters 6A and 6B.
    Sec. 36.  PENDING EMINENT DOMAIN PROCEEDINGS TERMINATED.  Any proceeding commenced by the state and pending on the effective date of this division of this Act to acquire any interest in land using moneys allocated to the open spaces account under section 455A.19, subsection 1, paragraph “a”, by exercising the power of eminent domain, including as provided in chapters 6A and 6B, shall be immediately terminated.
    Sec. 37.  APPROPRIATION MADE CONTINGENT.  All unencumbered and unobligated moneys appropriated to the department of natural resources from the general fund of the state under 2013 Iowa Acts, chapter 132, section 37, as amended in this 2014 Iowa Act, shall immediately revert to the general fund of the state if the department uses moneys allocated to the open spaces account under section 455A.19, subsection 1, paragraph “a”, to acquire any interest in land by exercising the power of eminent domain, including as provided in chapters 6A and 6B.
    Sec. 38.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XIV

RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 LOESS HILLS AUTHORITY AND ALLIANCE
    Sec. 39.  NEW SECTION.  161D.9  Oversee or manage public or private land —— referendum.
   1.  The loess hills development and conservation authority or the board of directors of the loess hills alliance shall not execute any agreement with a local government or the state or federal government, if the agreement allows the authority or alliance to oversee or manage public or private land situated within the loess hills area, unless the question to oversee or manage such land is approved by a referendum of eligible voters asked to answer either “yes” or “no”. An eligible voter must be an individual who is a citizen of the United States, not less than eighteen years of age, and the owner of land located within twenty-five miles from the borders of the land that the authority or alliance proposes to oversee or manage.
   2.  a.  The board of directors of the alliance shall provide notice of the referendum to eligible voters by publication in the same manner provided in section 331.305. A copy of the notice shall also be sent by ordinary mail to the last known mailing address of each eligible voter. The notice shall provide eligible voters with all information necessary to cast a vote at a reasonable time and a reasonable manner.
   b.  The board of directors of the alliance may conduct the referendum by mail, electronic means, or a general meeting of eligible voters. The board of directors shall conduct the referendum and count and tabulate the ballots cast during the referendum within thirty days following the close of the referendum.
   c.  If the voters disapprove the question, an additional referendum on the same question shall not be conducted.
   3.  This section shall not be construed to increase the authority of the alliance provided in this chapter.
    Sec. 40.  NEW SECTION.  161D.10  Rules.

   The board of directors of the alliance shall adopt all rules necessary to administer this subchapter.
    Sec. 41.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION XV

RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014

EMINENT DOMAIN
    Sec. 42.  NEW SECTION.  6A.15  Property on state historic registry.

   1. Property listed on the state register of historic places maintained by the historical division of the department of cultural affairs shall not be removed from the register solely for the purpose of allowing acquisition of the property by condemnation, unless such condemnation is undertaken by the department of transportation.

   2.  Property listed on the state register of historic places maintained by the historical division of the department of cultural affairs shall not be condemned by the state or a political subdivision unless a joint resolution authorizing commencement of the condemnation proceedings is approved by a vote of at least two-thirds of the members of both chambers of the general assembly and signed by the governor. The approval requirements of this subsection shall not apply to condemnation undertaken by the department of transportation.
    Sec. 43.  Section 6A.19, Code 2014, is amended to read as follows:
   6A.19  Interpretative clause.

   A grant in this chapter of right to take private property for a public use shall not be construed as limiting a like grant elsewhere in the Code for another and different use.  Unless specifically provided by law, this chapter shall not be construed to limit or otherwise affect the application of chapters 478 and 479 to the eminent domain authority of the utilities division of the department of commerce.
    Sec. 44.  Section 6A.22, subsection 2, paragraph c, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  (a)  If private property is to be condemned for development or creation of a lake, only that number of acres justified as reasonable and necessary for a surface drinking water source, and not otherwise acquired, may be condemned. In addition, the acquiring agency shall conduct a review of prudent and feasible alternatives to provision of a drinking water source prior to making a determination that such lake development or creation is reasonable and necessary. Development or creation of a lake as a surface drinking water source includes all of the following:
   (i)  Construction of the dam, including sites for suitable borrow material and the auxiliary spillway.
   (ii)  The water supply pool.
   (iii)  The sediment pool.
   (iv)  The flood control pool.
   (v)  The floodwater retarding pool.
   (vi)  The surrounding area upstream of the dam no higher in elevation than the top of the dam’s elevation.
   (vii)  The appropriate setback distance required by state or federal laws and regulations to protect drinking water supply.
   (b)  For purposes of this subparagraph (1), “number of acres justified as reasonable and necessary for a surface drinking water source” means according to guidelines of the United States natural resource conservation service and according to analyses of surface drinking water capacity needs conducted by one or more registered professional engineers.  The registered professional engineers may, if appropriate, employ standards or guidelines other than the guidelines of the United States natural resource conservation service when determining the number of acres justified as reasonable and necessary for a surface drinking water source. The data and information used by the registered professional engineers shall include data and information relating to population and commercial enterprise activity for the area from the two most recent federal decennial censuses unless the district court of the county in which the property is situated has determined by a preponderance of the evidence that such data would not accurately predict the population and commercial enterprise activity of the area in the future.
   (c)  A second review or analysis of the drinking water capacity needs shall be performed upon receipt by the acquiring agency of a petition signed by not less than twenty-five percent of the affected property owners. The registered professional engineer to perform the second review or analysis shall be selected by a committee appointed by the affected property owners and whose membership is comprised of at least fifty percent property owners affected by the proposed condemnation action. The acquiring agency shall be responsible for paying the fees and expenses of such an engineer.
   (d)  If private property is to be condemned for development or creation of a lake, the plans, analyses, applications, including any application for funding, and other planning activities of the acquiring agency shall not include or provide for the use of the lake for recreational purposes.
    Sec. 45.  Section 6B.54, subsection 10, paragraph a, Code 2014, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  Reasonable attorney fees and reasonable costs not to exceed one hundred thousand dollars, attributable to a determination that the creation of a lake through condemnation includes a future recreational use or that a violation of section 6A.22, subsection 2, paragraph “c”, subparagraph (1), subparagraph division (d), has occurred, if such fees and costs are not otherwise provided under section 6B.33.
    Sec. 46.  NEW SECTION.  6B.56B  Disposition of condemned property —— two-year time period.
   1.  When two years have elapsed since property was condemned for the creation of a lake according to the requirements of section 6A.22, subsection 2, paragraph “c”, subparagraph (1), and the property has not been used for or construction has not progressed substantially from the date the property was condemned for the purpose stated in the application filed pursuant to section 6B.3, and the acquiring agency has not taken action to dispose of the property pursuant to section 6B.56, the acquiring agency shall, within sixty days, adopt a resolution offering the property for sale to the prior owner at a price as provided in section 6B.56. If the resolution adopted approves an offer of sale to the prior owner, the offer shall be made in writing and mailed by certified mail to the prior owner. The prior owner has one hundred eighty days after the offer is mailed to purchase the property from the acquiring agency.
   2.  If the acquiring agency has not adopted a resolution described in subsection 1 within the sixty-day time period, the prior owner may, in writing, petition the acquiring agency to offer the property for sale to the prior owner at a price as provided in section 6B.56. Within sixty days after receipt of such a petition, the acquiring agency shall adopt a resolution described in subsection 1. If the acquiring agency does not adopt such a resolution within sixty days after receipt of the petition, the acquiring agency is deemed to have offered the property for sale to the prior owner.
   3.  The acquiring agency shall give written notice to the owner of the right to purchase the property under this section at the time damages are paid to the owner.
    Sec. 47.  Section 403.7, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project under this chapter, subject to the limitations on eminent domain authority in chapter chapters 6A and 6B. However, a municipality shall not condemn agricultural land included within an economic development area for any use unless the owner of the agricultural land consents to condemnation or unless the municipality determines that the land is necessary or useful for any of the following:
    Sec. 48.  NEW SECTION.  423B.11  Use of revenues —— limitation.

   The revenue raised by a local sales and services tax imposed under this chapter by a county shall not be expended for any purpose related to a project that includes the condemnation of private property for the creation of a lake according to the requirements of section 6A.22, subsection 2, paragraph “c”, subparagraph (1), if the local sales and services tax has not been approved at election in the area where the property to be condemned is located.
    Sec. 49.  Section 455A.5, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  The authority granted to the commission to acquire real property for purposes of carrying out a duty related to development or maintenance of the recreation resources of the state, including planning, acquisition, and development of recreational projects, and areas and facilities related to such projects, shall not include the authority to acquire real property by eminent domain.
    Sec. 50.  Section 456A.24, subsection 2, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   Acquire by purchase, condemnation, lease, agreement, gift, and devise lands or waters suitable for the purposes hereinafter enumerated, and rights-of-way thereto, and to maintain the same for the following purposes, to wit:
    Sec. 51.  Section 456A.24, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  The authority granted the department to acquire real property for any statutory purpose relating to the development or maintenance of the recreation resources of the state, including planning, acquisition, and development of recreational projects, and areas and facilities related to such projects, shall not include the authority to acquire real property by eminent domain.
    Sec. 52.  Section 461A.7, Code 2014, is amended to read as follows:
   461A.7  Eminent domain Purchase of lands —— public parks.

   The commission may purchase or condemn lands from willing sellers for public parks. No A contract for the purchase of such public parks shall not be made to an amount in excess of funds appropriated therefor by the general assembly.
    Sec. 53.  Section 461A.10, Code 2014, is amended to read as follows:
   461A.10  Title to lands.

   The title to all lands purchased, condemned, or donated, hereunder, for park or highway purposes and the title to all lands purchased, condemned, or donated hereunder for highway purposes, shall be taken in the name of the state and if thereafter it shall be deemed advisable to sell any portion of the land so purchased or condemned, the proceeds of such sale shall be placed to the credit of the said public state parks fund to be used for such park purposes.
    Sec. 54.  Section 463C.8, subsection 1, paragraph k, Code 2014, is amended to read as follows:
   k.  The power to acquire, own, hold, administer, and dispose of property, except that such power is not a grant of authority to acquire property by eminent domain.
    Sec. 55.  2013 Iowa Acts, chapter 132, is amended by adding the following new section:
   NEW SECTION.  SEC. 75.  REPEAL.  Sections 461A.9 and 461A.75, Code 2014, are repealed.
    Sec. 56.  SEVERABILITY.  If any provision of this division of this Act is held invalid, the invalidity shall not affect other provisions or applications of this division of this Act which can be given effect without the invalid provision, and to this end the provisions of this division of this Act are severable as provided in section 4.12.
    Sec. 57.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 58.  APPLICABILITY.  Except as otherwise provided in this division of this Act, this division of this Act applies to projects or condemnation proceedings pending or commenced on or after the effective date of this division of this Act.
    Sec. 59.  RETROACTIVE APPLICABILITY.  Notwithstanding any provision of law to the contrary, the following provision or provisions of this division of this Act apply retroactively to projects or condemnation proceedings pending or commenced on or after February 15, 2013:
   1.  The section of this division of this Act amending section 6A.22.
   2.  The section of this division of this Act enacting section 6B.56B.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   GENERAL. This bill relates to agriculture and natural resources by making appropriations for the 2014-2015 fiscal year to support related entities, including the department of agriculture and land stewardship (DALS), the department of natural resources (DNR), and Iowa state university (ISU).
   DALS —— GENERAL FUND APPROPRIATION. For DALS, moneys are appropriated from the general fund in order to support its administrative divisions. Moneys are transferred to Iowa state university to support its midwest grape and wine institute.
   DALS —— MISCELLANEOUS FUNDS APPROPRIATIONS. The bill appropriates moneys from a number of sources to support DALS in order to support designated purposes, including moneys derived from unclaimed winnings from horse and dog races, for administration and enforcement of racing regulations (Code section 99D.22); and moneys from the renewable fuel infrastructure fund, for purposes of motor fuel inspection and auditing biofuel processing and production (Code chapter 214A).
   DALS —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill makes special appropriations from the general fund to DALS in order to support specific purposes including milk inspection (Code section 192.109), the local food and farm program (Code chapter 267A), an agricultural education organization, and assistance to farmers with disabilities.
   DALS —— WATER QUALITY INITIATIVE. Moneys are appropriated from the general fund for deposit in a water quality initiative fund for purposes of supporting a water quality initiative administered by DALS’ soil conservation division and ISU.
   DNR —— GENERAL FUND AND OTHER MAJOR FUNDS APPROPRIATIONS.  The bill makes appropriations from a number of funds to DNR in order to support its administrative divisions involving natural resources and environmental protection from the general fund of the state, the state fish and game protection fund, and the groundwater protection fund.
   DNR —— DESIGNATED MISCELLANEOUS FUNDS APPROPRIATIONS. The bill appropriates moneys to DNR from a number of sources to support designated purposes, including moneys deposited in the special snowmobile fund (Code section 321G.7) to provide for administering and enforcing the state snowmobile programs; and moneys deposited in the unassigned revenue fund for purposes of paying for administration of the department’s underground storage tank section.
   DNR —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill also makes special appropriations from the general fund to DNR in order to support specific purposes including floodplain management and dam safety, and forestry health management programs. Moneys are also transferred from the general fund to the loess hills development and conservation fund. 
   ISU —— SPECIAL GENERAL FUND APPROPRIATIONS. The bill appropriates moneys from the general fund to ISU to support the operation of its veterinary diagnostic laboratory.
   DALS AND DNR —— GENERAL ENVIRONMENT FIRST FUND. The bill appropriates moneys from the environment first fund to DALS and DNR. For DALS, moneys are appropriated to support the conservation reserve enhancement program, a farm management demonstration program, the conservation reserve program; soil and water conservation efforts, the loess hills development and conservation fund, and the agricultural drainage well water quality assistance fund. For DNR, moneys are appropriated to support keepers of the land; the maintenance of state parks; geographic information systems; water quality monitoring; the public water supply system account; the regulation of animal feeding operations; ambient air quality regulation; water quality regulation; the operation of DNR’s geological and water survey; the keep Iowa beautiful initiative; and the silos and smokestacks national heritage area.
   The bill provides that moneys appropriated to DALS for FY 2014 and FY 2015 to support soil and water conservation do not revert until the close of the fourth fiscal year after the appropriation was made.
   RESOURCE ENHANCEMENT AND PROTECTION (REAP). The amount of $16 million is appropriated from the environment first fund for FY 2014-2015 in lieu of the $20 million standing appropriation from the general fund (Code section 455A.18). A special appropriation is made from REAP’s open spaces account for FY 2013-2014 and FY 2014-2015. The appropriation for FY 2013-2014 is for purposes of supporting regular maintenance and operations of state parks and the appropriation for FY 2014-2015 is made for purposes of supporting regular maintenance and operations of state parks forestry health management programs.
   DNR PURCHASE OF RADIOS. The bill extends the period for one year that DNR is authorized to purchase radios using the unappropriated balance remaining in the state fish and game fund.
   MANURE MANAGEMENT CERTIFICATION. The bill extends for another fiscal year the period when DNR may expend money appropriated for FY 2013-2014 in order to implement an online certification program for manure applicators. The provision is effective upon enactment.
   STATUTORY CHANGES —— REAP’s OPEN SPACES ACCOUNT. The bill prohibits DNR from exercising eminent domain power in acquiring land using moneys allocated to REAP’s open spaces account.
   STATUTORY CHANGES —— WATER QUALITY INITIATIVE. The bill provides that information received, collected, or held by the Iowa nutrient research center or a nonprofit organization acting under the water quality initiative (Code chapter 466B, subchapter IV) is a confidential record and exempted from public access under the public records law.
   STATUTORY CHANGES —— LOESS HILLS DEVELOPMENT AND CONSERVATION. The bill prohibits the loess hills development and conservation authority or board of directors of the loess hills alliance from executing any agreement with a local government or the state or federal government that allows the authority or alliance to oversee or manage public or private land unless approved by a referendum of persons holding land in proximity to the land proposed to be overseen or managed. The board is also required to adopt rules to administer its responsibilities.
   STATUTORY CHANGES —— EMINENT DOMAIN PROCEDURES.
   GENERAL. The bill includes a division that makes changes relating to eminent domain authority and procedures.
   STATE REGISTER OF HISTORIC PLACES. The bill provides that property listed on the state register of historic places shall not be removed from the register solely for the purpose of allowing the property to be acquired by condemnation unless the condemnation is undertaken by the department of transportation. The bill also provides that property on the state register of historic places shall not be condemned unless a joint resolution authorizing the condemnation is approved by a vote of at least two-thirds of each chamber of the general assembly and signed by the governor. This approval procedure, however, does not apply to a condemnation undertaken by the department of transportation.
   UTILITIES DIVISION. The bill specifies that Code chapter 6A, unless specifically provided by law, is not to be construed to limit or otherwise affect the application of Code chapters 478 and 479 providing eminent domain authority to the utilities division of the department of commerce.
   LAKES —— GENERAL. The bill makes changes relating to eminent domain authority in relation to development or creation of a lake. The bill provides that when determining the number of acres justified as reasonable and necessary for a surface drinking water source, the registered professional engineers may, if appropriate, employ standards or guidelines other than the guidelines of the United States natural resource conservation service. The bill requires the data and information used by the registered professional engineers to include data and information relating to population and commercial enterprise activity for the area from the two most recent federal decennial censuses unless the district court of the county in which the property is situated has determined by a preponderance of the evidence that such data would not accurately predict the population and commercial enterprise activity of the area in the future.
   LAKES —— DRINKING WATER. The bill also provides that a second review or analysis of the drinking water capacity needs shall be performed upon receipt by the acquiring agency of a petition signed by not less than 25 percent of the affected property owners. The registered professional engineer to perform the second review or analysis shall be selected by a committee appointed by the affected property owners and comprised of at least 50 percent property owners affected by the proposed condemnation action. The bill further provides that the acquiring agency shall pay for the services of such an engineer.
   LAKES —— RECREATIONAL PURPOSES LIMITED. The bill provides that if private property is to be condemned for development or creation of a lake, the plans, analyses, applications, including any application for funding, and other planning activities of the acquiring agency shall not include or provide for the use of the lake for recreational purposes. 
   LAKES —— ATTORNEY FEES. The bill adds reasonable attorney fees and reasonable costs that are attributable to certain condemnation proceedings relating to the creation of a lake, up to $100,000, to the list of expenses reimbursable by an acquiring agency to a property owner.
   LAKES —— RESALE TO PRIOR OWNER. The bill provides that when two years have elapsed since property was condemned for the creation of a lake and the property has not been used for or construction has not progressed substantially for the purpose stated in the application, and the acquiring agency has not taken action to dispose of the property pursuant to Code section 6B.56, the acquiring agency shall, within 60 days, adopt a resolution offering the property for sale to the prior owner at a price as provided in Code section 6B.56. If the acquiring agency has not adopted a resolution within the 60-day time period, the prior owner may petition the acquiring agency to offer the property for sale to the prior owner at a price as provided in Code section 6B.56. The bill requires the acquiring agency to give written notice to the owner at the time damages are paid to the owner of the right to purchase the property under such circumstances.
   LAKES —— LOCAL SALES AND SERVICES TAX. The bill provides that the revenue raised by a local sales and services tax imposed under Code chapter 423B by a county shall not be expended for any purpose related to a project that includes the condemnation of private property for the creation of a lake if the local sales and services tax has not been approved at election in the area where the property to be condemned is located.
   URBAN RENEWAL. The bill also amends urban renewal law relating to the circumstances in which a municipality may condemn agricultural land within an economic development urban renewal area to provide that condemnation may occur if viable alternatives do not exist and the acquisition of the land is necessary for the purposes stated in current law.
   RECREATIONAL USES LIMITED. The bill provides that DNR and the natural resource commission shall not exercise eminent domain authority to acquire real property for purposes of carrying out a duty related to development or maintenance of the recreation resources of the state, including planning, acquisition, and development of recreational projects, and areas and facilities related to such projects. The bill retains DNR’s authority to acquire property through condemnation for highway purposes.
   The bill’s division takes effect upon enactment and the provisions amending Code section 6A.22 and enacting Code section 6B.56B apply retroactively to projects or condemnation proceedings pending or commenced on or after February 15, 2013.