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