Senate
File
2218
-
Introduced
SENATE
FILE
2218
BY
JOHNSON
A
BILL
FOR
An
Act
establishing
an
Iowa
great
lakes
management
initiative,
1
and
providing
appropriations
to
a
related
fund.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5206XS
(9)
85
da/nh
S.F.
2218
Section
1.
NEW
SECTION
.
161D.21
Definitions.
1
As
used
in
this
subchapter,
unless
the
context
otherwise
2
requires:
3
1.
“Commissioners”
means
the
commissioners
of
the
soil
and
4
water
conservation
district
responsible
for
the
Iowa
great
5
lakes
watershed
as
provided
in
chapter
161A.
6
2.
“Depository”
means
the
same
as
defined
in
section
12C.1.
7
3.
“Division”
means
the
division
of
soil
conservation
of
the
8
department
of
agriculture
and
land
stewardship
as
provided
in
9
chapter
161A.
10
4.
“Fund”
means
the
Iowa
great
lakes
management
initiative
11
fund
created
in
section
161D.24.
12
5.
“Initiative”
means
the
Iowa
great
lakes
management
13
initiative
established
pursuant
to
section
161D.22.
14
Sec.
2.
NEW
SECTION
.
161D.22
Legislative
findings
——
Iowa
15
great
lakes
management
initiative
established.
16
1.
The
general
assembly
finds
all
of
the
following:
17
a.
The
Iowa
great
lakes
include
the
state’s
largest
natural
18
lakes,
renowned
for
their
unique
clear
blue
waters.
19
b.
The
Iowa
great
lakes
are
an
indispensable
part
of
20
Iowa’s
natural
heritage,
providing
recreational
and
leisure
21
opportunities
to
all
Iowans.
22
c.
The
Iowa
great
lakes
have
long
been
one
of
the
state’s
23
most
important
visitor
attractions,
making
fundamental
24
contributions
to
the
prosperity
of
northwest
Iowa
and
the
25
entire
state.
26
2.
An
Iowa
great
lakes
management
initiative
is
established
27
to
protect,
restore,
and
enhance
the
Iowa
great
lakes
as
a
28
critical
natural
resource
of
the
state.
29
Sec.
3.
NEW
SECTION
.
161D.23
Administration
of
the
Iowa
30
great
lakes
management
initiative.
31
1.
The
soil
and
water
conservation
district
responsible
for
32
the
Iowa
great
lakes
watershed
shall
administer
the
Iowa
great
33
lakes
management
initiative
to
further
the
purposes
set
out
in
34
section
161D.22.
35
-1-
LSB
5206XS
(9)
85
da/nh
1/
6
S.F.
2218
2.
The
commissioners
shall
encourage
the
adoption
of
best
1
management
practices
by
persons
involved
in
planning
or
using
2
land
or
water
resources
located
within
the
Iowa
great
lakes
3
watershed,
including
by
doing
all
of
the
following:
4
a.
Providing
for
sustainable
agricultural
practices,
urban
5
development,
and
recreational
uses.
6
b.
Safeguarding
the
Iowa
great
lakes
as
a
unique
and
vital
7
natural
resource.
8
c.
Cooperating
with
stakeholders
in
the
watershed,
including
9
all
of
the
following:
10
(1)
The
federal
and
state
government,
including
the
11
department
of
agriculture
and
land
stewardship
and
the
12
department
of
natural
resources.
13
(2)
Local
governments
located
within
the
watershed.
14
(3)
Organizations
and
individuals
interested
in
the
15
watershed.
16
3.
The
commissioners
shall
administer
the
Iowa
great
lakes
17
management
initiative
fund
established
in
section
161D.24.
18
4.
The
commissioners
shall
have
all
powers
necessary
to
19
carry
out
this
section.
In
carrying
out
this
section,
the
20
commissioners
may
do
all
of
the
following:
21
a.
Adopt
and
revise
a
long-term
strategic
plan
and
any
22
compatible
short-term
plans.
23
b.
Provide
for
long-term
programs
and
short-term
projects.
24
c.
Cooperate
with
stakeholders
in
order
to
optimize
25
financing.
26
d.
Authorize
payment
for
costs,
fees,
commissions,
or
other
27
reasonable
expenses
from
moneys
deposited
into
the
Iowa
great
28
lakes
management
initiative
fund.
However,
the
commissioners
29
shall
not
in
any
manner
directly
or
indirectly
pledge
the
30
credit
of
this
state.
31
e.
Enter
into
contracts
including
but
not
limited
to
32
agreements
with
owners
or
occupants
of
land.
The
commissioners
33
may
provide
for
the
payment
of
financial
incentives
for
34
establishing
or
maintaining
permanent
or
temporary
soil
and
35
-2-
LSB
5206XS
(9)
85
da/nh
2/
6
S.F.
2218
water
conservation
practices
as
provided
in
chapter
161A.
The
1
financial
incentives
may
be
provided
on
a
cost-share
basis
in
2
the
same
manner
as
provided
in
chapter
161A.
3
5.
The
commissioners
acting
under
this
chapter
shall
not
do
4
any
of
the
following:
5
a.
Compel
a
person
to
take
action
or
refrain
from
taking
6
action,
unless
the
commissioners
are
proceeding
under
the
terms
7
of
a
contract
pursuant
to
which
the
person
is
a
party.
8
b.
In
any
manner
directly
or
indirectly
pledge
the
credit
of
9
the
state
of
Iowa.
10
6.
The
division
of
soil
conservation
may
adopt
rules
as
11
necessary
in
order
to
provide
for
the
administration
of
this
12
subchapter
by
the
commissioners.
13
Sec.
4.
NEW
SECTION
.
161D.24
Iowa
great
lakes
management
14
initiative
fund.
15
1.
An
Iowa
great
lakes
management
initiative
fund
is
16
created.
The
fund
shall
be
an
account
established
in
a
17
depository
and
controlled
by
the
commissioners.
18
2.
The
fund
shall
consist
of
moneys
appropriated
to
the
19
fund,
moneys
required
to
be
credited
to
the
fund,
and
moneys
20
accepted
by
the
commissioners
from
any
source
for
placement
in
21
the
fund.
22
3.
The
fund
shall
be
used
exclusively
to
finance
efforts
to
23
further
the
Iowa
great
lakes
management
initiative
established
24
pursuant
to
section
161D.22
and
for
the
administration
of
the
25
initiative
as
provided
in
section
161D.23.
Moneys
in
the
fund
26
shall
not
be
used
to
support
any
of
the
following:
27
a.
Regulatory
efforts.
28
b.
Efforts
to
promote
economic
development
activities
29
including
but
not
limited
to
recreational
or
leisure
30
opportunities
or
tourism.
31
4.
Not
more
than
fifty
thousand
dollars
from
the
fund
32
shall
be
used
for
purposes
of
administering
this
subchapter
33
in
any
fiscal
year.
However,
upon
a
two-thirds
majority
34
vote
approving
a
measure,
the
commissioners
may
authorize
up
35
-3-
LSB
5206XS
(9)
85
da/nh
3/
6
S.F.
2218
to
one
hundred
thousand
dollars
to
be
used
for
purposes
of
1
administering
this
subchapter
in
a
specific
fiscal
year.
2
5.
a.
Notwithstanding
section
8.33,
any
unexpended
or
3
unobligated
balance
remaining
in
the
fund
at
the
end
of
a
4
fiscal
year
shall
be
retained
in
the
fund
for
expenditure
as
5
provided
in
this
section.
6
b.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
7
earnings
on
investments
or
time
deposits
of
the
moneys
in
the
8
fund
shall
be
credited
to
the
fund.
The
recapture
of
awards
9
originating
from
the
fund
shall
be
retained
in
the
fund.
10
6.
The
division
of
soil
conservation
may
provide
for
a
11
review
of
the
fund’s
receipts
and
expenditures
as
determined
12
reasonable
by
the
division.
The
division
may
require
any
of
13
the
following:
14
a.
A
financial
statement
prepared
by
the
commissioners.
15
b.
A
financial
statement
that
is
accompanied
by
an
16
unqualified
or
qualified
opinion
based
upon
an
audit
performed
17
by
a
certified
public
accountant
licensed
in
this
state.
18
c.
An
audit
report
prepared
by
the
auditor
of
state.
19
Sec.
5.
NEW
SECTION
.
161D.25
Standing
appropriation.
20
For
each
fiscal
year
of
the
fiscal
period
beginning
July
1,
21
2014,
and
ending
June
30,
2034,
there
is
appropriated
from
the
22
general
fund
of
the
state
the
sum
of
one
million
dollars,
to
be
23
deposited
in
the
Iowa
great
lakes
management
initiative
fund
24
created
pursuant
to
section
161D.24.
25
Sec.
6.
NEW
SECTION
.
161D.26
Annual
report.
26
1.
The
commissioners
shall
prepare
an
annual
report.
27
2.
The
annual
report
shall
be
filed
with
all
of
the
28
following:
29
a.
The
department
of
management.
30
b.
The
department
of
agriculture
and
land
stewardship.
31
c.
The
department
of
natural
resources.
32
d.
The
legislative
services
agency.
33
3.
The
annual
report
shall
be
filed
in
an
electronic
format
34
by
4:30
p.m.
on
December
31
of
each
year.
35
-4-
LSB
5206XS
(9)
85
da/nh
4/
6
S.F.
2218
4.
The
annual
report
shall
provide
information
regarding
1
the
Iowa
great
lakes
management
initiative,
including
all
of
2
the
following:
3
a.
Its
operations
and
accomplishments.
4
b.
Its
budget,
receipts,
and
actual
expenditures
during
the
5
previous
fiscal
year.
6
c.
Its
assets
and
liabilities
and
the
status
of
the
Iowa
7
great
lakes
management
initiative
fund
at
the
end
of
the
8
previous
fiscal
year.
9
d.
A
statement
of
its
proposed
and
projected
activities
for
10
the
current
and
subsequent
fiscal
years.
11
e.
Performance
goals,
and
a
description
indicating
the
12
extent
of
progress
during
the
reporting
period
in
attaining
the
13
performance
goals.
14
f.
Recommendations
to
the
governor
and
the
general
assembly,
15
as
the
commissioners
deem
necessary.
16
g.
Any
other
information
that
the
commissioners
deem
17
necessary.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
INTRODUCTION.
This
bill
establishes
an
Iowa
great
lakes
22
management
initiative
in
order
to
protect,
restore,
and
enhance
23
the
Iowa
great
lakes
as
a
critical
natural
resource
of
the
24
state.
The
bill
includes
a
finding
that
the
Iowa
great
lakes
25
are
an
indispensable
part
of
Iowa’s
natural
heritage.
26
ADMINISTRATION.
According
to
the
bill,
the
initiative
is
27
to
be
administered
by
the
soil
and
water
conservation
district
28
responsible
for
the
Iowa
great
lakes
watershed
under
Code
29
chapter
161A.
The
governing
body
of
a
district
consists
of
30
five
commissioners
elected
on
a
nonpartisan
basis
(Code
section
31
161A.5).
The
commissioners
are
required
to
encourage
the
32
adoption
of
best
management
practices
by
persons
involved
33
in
planning
or
using
the
watershed
where
the
Iowa
great
34
lakes
are
located.
This
includes
providing
for
sustainable
35
-5-
LSB
5206XS
(9)
85
da/nh
5/
6
S.F.
2218
agricultural
practices,
urban
development,
and
recreational
1
uses;
safeguarding
the
watershed
as
a
unique
and
vital
natural
2
resource;
and
cooperating
with
stakeholders
in
the
watershed.
3
FUND.
The
bill
establishes
an
Iowa
great
lakes
management
4
initiative
fund
which
is
an
account
established
and
controlled
5
by
the
commissioners.
The
fund
includes
moneys
accepted
by
6
the
commissioners
for
deposit
in
and
moneys
appropriated
to
7
the
fund.
Moneys
in
the
fund
are
to
be
used
exclusively
to
8
finance
efforts
to
further
the
initiative
and
cannot
be
used
9
for
regulatory
efforts
or
to
promote
economic
development
10
activities.
The
bill
also
places
limits
upon
the
amount
of
11
moneys
that
may
be
used
for
administration.
The
department
of
12
agriculture
and
land
stewardship,
acting
through
its
division
13
of
soil
conservation,
is
responsible
for
reviewing
the
fund’s
14
receipts
and
expenditures.
15
APPROPRIATION.
The
bill
appropriates
$20
million
to
16
the
fund
over
a
period
of
20
years.
Specifically,
the
bill
17
appropriates
$1
million
to
the
fund
each
fiscal
year
beginning
18
on
July
1,
2014,
and
ending
June
30,
2034.
19
REPORT.
The
bill
requires
the
commissioners
to
prepare
20
an
annual
report
to
be
filed
with
various
interested
state
21
agencies
and
the
legislative
services
agency.
The
report
must
22
provide
information
regarding
the
initiative
and
the
fund.
It
23
must
include
performance
goals
and
may
include
recommendations
24
for
further
legislative
action.
25
-6-
LSB
5206XS
(9)
85
da/nh
6/
6