H.F. 2008 Section 1. Section 466B.21, Code 2018, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 466B.21 Definitions. 4 As used in this subchapter, unless the context otherwise 5 requires: 6 1. “Board” means the board of directors of a watershed 7 partnership described in section 466B.24. 8 2. “Partnership” means a watershed partnership created 9 pursuant to section 466B.22. 10 Sec. 2. Section 466B.22, Code 2018, is amended to read as 11 follows: 12 466B.22 Watershed management authorities partnerships 13 created. 14 1. Two or more political subdivisions may create, by 15 chapter 28E agreement, a watershed management authority 16 partnership pursuant to this subchapter . The participating 17 political subdivisions must be located in the same United 18 States geological survey hydrologic unit code 8 watershed. All 19 political subdivisions within a watershed must be notified 20 within thirty days prior to the organization of any watershed 21 management authority partnership within the watershed, and 22 provided the opportunity to participate. 23 2. The chapter 28E agreement shall include a map showing the 24 area and boundaries of the authority partnership . 25 3. A political subdivision may participate in more than one 26 authority created pursuant to this subchapter partnership . 27 4. A political subdivision is not required to participate in 28 a watershed management authority partnership or be a party to a 29 chapter 28E agreement under this subchapter . 30 5. A partnership is not subject to provisions governing a 31 partnership under chapter 486A or a limited partnership under 32 chapter 488. It is not a private agency as defined in section 33 28E.2. 34 Sec. 3. Section 466B.23, unnumbered paragraph 1, Code 2018, 35 -1- LSB 5116YH (6) 87 da/rj 1/ 4

H.F. 2008 is amended to read as follows: 1 A watershed management authority partnership may perform all 2 of the following duties: 3 Sec. 4. Section 466B.23, subsections 6 and 7, Code 2018, are 4 amended to read as follows: 5 6. Allocate moneys made available to the authority 6 partnership for purposes of water quality and flood mitigation. 7 7. Make and enter into contracts and agreements and execute 8 all instruments necessary or incidental to the performance 9 of the duties of the authority partnership . A watershed 10 management authority partnership shall not acquire property by 11 eminent domain. 12 Sec. 5. Section 466B.24, subsections 1, 2, and 6, Code 2018, 13 are amended to read as follows: 14 1. An authority A watershed partnership shall be governed 15 by a board of directors. Members The membership of a board 16 of directors of an authority partnership shall be divided 17 among the participating political subdivisions comprising the 18 authority and partnership. A director shall be appointed by 19 the respective participating political subdivision’s elected 20 legislative body. 21 2. A board of directors shall consist of one representative 22 of each participating political subdivision. This subsection 23 shall not apply if a chapter 28E agreement under this 24 subchapter provides an alternative board composition method. 25 6. A majority of the membership of a board of appointed 26 directors shall constitute a quorum for the purpose of holding 27 a meeting of the board. The affirmative vote of a majority of a 28 quorum shall be necessary for any action taken by an authority 29 a board unless the authority’s partnership’s bylaws specify 30 those particular actions of the authority board requiring 31 a greater number of affirmative votes. A vacancy in the 32 membership of the board shall not impair the rights of a quorum 33 to exercise all the rights and perform all the duties of the 34 authority board . 35 -2- LSB 5116YH (6) 87 da/rj 2/ 4

H.F. 2008 Sec. 6. Section 466B.25, Code 2018, is amended to read as 1 follows: 2 466B.25 Activities coordination. 3 In all activities of a watershed management authority 4 partnership , the authority may coordinate its activities 5 with the department of natural resources, the department of 6 agriculture and land stewardship, councils of governments, 7 public drinking water utilities, and soil and water 8 conservation districts. 9 Sec. 7. Section 466B.31, subsection 3, paragraph g, Code 10 2018, is amended to read as follows: 11 g. Involving cities, counties, and other local and regional 12 public and private entities in watershed improvement including 13 but not limited to incentives for participation in a watershed 14 management authority partnership created under this chapter . 15 Sec. 8. TRANSITIONAL PROVISIONS —— APPOINTMENT AND TERMS OF 16 BOARD OF DIRECTORS AND PRIOR ACTIONS BY THE BOARD. 17 1. This Act’s amendments to sections 466B.21 through 18 466B.25, changing the name of the “watershed management 19 authority” to the “watershed partnership” shall not affect the 20 appointment or any term of office of an individual who served 21 as a director on the watershed management authority immediately 22 prior to the effective date of this Act. That individual shall 23 continue to serve on the board of directors of the watershed 24 partnership until the individual’s term would otherwise expire 25 or the individual is otherwise replaced. 26 2. A watershed partnership which existed as a watershed 27 management authority shall change its name as it appears on 28 all formal documents which are in force and effect as soon as 29 practical in a cost-effective manner. 30 3. Any affirmative action adopted by a political 31 subdivision creating a watershed management authority under 32 section 466.22 or the board of directors of a watershed 33 management authority operating under section 466B.24, that is 34 in force and effect immediately prior to the effective date of 35 -3- LSB 5116YH (6) 87 da/rj 3/ 4

H.F. 2008 this Act, shall continue in full force and effect until the 1 earlier of the following: 2 a. It is amended, rescinded, or supplemented by the 3 affirmative action of the watershed partnership. 4 b. It expires by its own terms. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 BILL’S PROVISIONS. This bill changes the name of the 9 watershed management authority (authority) to the watershed 10 partnership (partnership). The bill also provides that 11 a member of the board of directors of the authority shall 12 continue to serve as a member on the board of the partnership 13 under the same terms and conditions of the original 14 appointment, unless the political subdivision making the 15 appointment provides otherwise. An entity organized as an 16 authority must change its name on formal documents as soon as 17 is practical, in a cost-effective manner. The bill does not 18 change the effectiveness of any affirmative action adopted by a 19 participating political subdivision or the board merely because 20 of the name change. 21 BACKGROUND. The bill amends provisions in Code chapter 22 468 referred to as the “Surface Water Protection and Flood 23 Mitigation Act”. Subchapter II authorizes two or more 24 political subdivisions to enter into a Code chapter 28E 25 agreement (Code section 466B.22) in order to jointly pursue 26 efforts to reduce flooding and improve water quality within 27 a watershed (Code section 466B.23) by acting through a board 28 of directors (Code section 466B.24). A political subdivision 29 is limited to a (1) city, (2) county, (3) soil and water 30 conservation district, or (4) benefited recreational lake 31 district or a water quality district or a combined district 32 (Code section 466B.2). 33 -4- LSB 5116YH (6) 87 da/rj 4/ 4