House File 2133 - Introduced HOUSE FILE 2133 BY STAED A BILL FOR An Act relating to requiring water quality plans for persons 1 receiving financial assistance for establishing soil and 2 water conservation plans. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5551YH (3) 87 da/rj
H.F. 2133 Section 1. Section 161A.42, subsection 3, Code 2018, is 1 amended to read as follows: 2 3. “Cost-share” or “cost-sharing” means a contribution of 3 money made by the state in order to pay a percentage of the 4 costs related to the establishment of voluntary or mandatory 5 practices as provided under this chapter , including but not 6 limited to soil and water conservation practices , and erosion 7 control practices , or water quality practices . 8 Sec. 2. Section 161A.42, Code 2018, is amended by adding the 9 following new subsections: 10 NEW SUBSECTION . 6A. “Farming practice” includes but is 11 not limited to a decision regarding crop production, including 12 crop types and varieties to plant, cultivation and harvesting 13 methods, and the application of materials including manure and 14 commercial fertilizers, tillage, and crop rotation systems. 15 NEW SUBSECTION . 7A. “Major water source” means the same as 16 defined in section 459.102. 17 NEW SUBSECTION . 12. “Water quality plan” means an 18 instrument that requires a party to comply with water quality 19 practices or farming practices as a condition to receiving 20 financial assistance as provided in section 161A.77. 21 NEW SUBSECTION . 13. a. “Water quality practice” means 22 a land use change or the establishment and maintenance of a 23 measure that limits sediment or nutrients from being conveyed 24 by surface water runoff or leaching. 25 b. “Water quality practice” includes the establishment of 26 any of the following: 27 (1) A terrace. 28 (2) A cover crop that is used as part of crop rotation 29 cycle. 30 (3) A bioreactor installed as part of or connected to a 31 field drainage system. 32 (4) A wetland established as part of or connected to a crop 33 field. 34 (5) A saturated buffer. 35 -1- LSB 5551YH (3) 87 da/rj 1/ 7
H.F. 2133 (6) Cropland integrated with a prairie grass strip. 1 (7) A riparian buffer strip. 2 (8) A grassed waterway. 3 (9) An area maintained in permanent vegetation cover, 4 including perennial vegetation cover consisting of grasses or 5 legumes, including but not limited to grasslands or forages. 6 (10) A wetland area if the area is mostly underwater or 7 waterlogged during the growing season and is characterized by 8 vegetation of hydric soils. 9 (11) Any other measure recognized by the division that 10 manages nutrients and reduces contributing contaminant loads to 11 receiving surface waters, including by detaining sediment-laden 12 water, reducing the volume or velocity of precipitation-induced 13 surface water, filtering sediment-laden water, or reducing 14 nutrient loss through tile drainage systems. 15 NEW SUBSECTION . 14. “Water source” means the same as 16 defined in section 459.102. 17 Sec. 3. NEW SECTION . 161A.77 Financing conditional upon 18 maintaining a water quality plan. 19 1. In order to receive financing under this chapter, the 20 owner of agricultural land, or an operator managing the farming 21 activities occurring on the agricultural land shall execute a 22 water quality plan. The commissioners shall assist the owner 23 or operator in developing the plan. The person executing the 24 plan shall file the plan with the commissioners subject to 25 their approval. A copy of the plan shall be delivered to the 26 division. An updated plan must be filed and approved each 27 three years in the same manner as the original plan. 28 2. a. A person is not required to file a water quality plan 29 until December 31, 2020. 30 b. This subsection is repealed on January 1, 2021. 31 3. The water quality plan shall apply to the same farm unit 32 as an applicable farm unit conservation plan or conservation 33 agreement. The plan may be made part of the farm unit 34 conservation plan or soil conservation agreement. However, 35 -2- LSB 5551YH (3) 87 da/rj 2/ 7
H.F. 2133 a plan may cover one or more farm units as specified in the 1 plan so long as all farm units are located as part of the 2 same district. The plan shall identify those water quality 3 practices or farming practices that manage nutrients and 4 reduces contributing contaminant loads to receiving surface 5 waters as required under this section. 6 4. The water quality plan shall be completed on forms 7 prepared by the division in consultation with the Iowa nutrient 8 research center established pursuant to section 466B.47. 9 The plan shall be based on an analysis of the nutrient loss 10 potential of a farm’s farming practices and water quality 11 practices by the water quality model established by the Iowa 12 nutrient research center pursuant to section 466B.50. The plan 13 must provide that the farm unit’s nutrient load contribution to 14 surface water sources shall not exceed its assigned tolerance 15 values for nitrogen or phosphorus. The plan shall account for 16 all of the following: 17 a. The location of each field and its size in acres. 18 b. The proximity of the field to a water source, including 19 any major water source. 20 c. The amount and timing of nutrients or commercial 21 fertilizers applied to each field. 22 d. Whether the application occurs on snow-covered ground or 23 frozen ground. 24 e. If the farm unit includes an animal feeding operation, 25 whether the animal feeding operation is a confinement feeding 26 operation as defined in section 459.102 or an open feedlot 27 operation as defined in section 459A.102. For each animal 28 feeding operation, the plan shall state the type of animals 29 confined, and the animal unit capacity of the operation. 30 f. The maintenance of any water quality practice, soil and 31 water conservation practice, or erosion control practice. 32 g. The types of farming practices utilized. 33 h. Whether the agricultural land has been subject to soil 34 erosion in excess of the applicable soil loss limits. 35 -3- LSB 5551YH (3) 87 da/rj 3/ 7
H.F. 2133 i. The predicted loads of nitrogen and phosphorus 1 respectively contributed to a surface water source, including 2 a major water source, and the extent that such loads are less 3 than the tolerance values assigned to that farm unit. 4 j. The results of a test conducted according to a schedule 5 adopted in the plan that indicates the average loads of 6 nitrogen and phosphorus respectively being contributed to a 7 surface water source, including a major water source. The test 8 shall be conducted by the division, the commissioners, or a 9 person approved by the division or the commissioners. 10 5. The commissioners shall ensure that a person receiving 11 financial assistance under this chapter is complying with the 12 terms and conditions of the water quality plan. 13 6. The commissioners shall inspect or cause to be inspected 14 agricultural land covered by a water quality plan, if 15 reasonable grounds exist to believe that a failure to comply 16 with the plan is occurring. If the commissioners determine 17 a failure is occurring, a notice of that finding shall be 18 delivered to the person who filed the plan, to the landowner or 19 landowners of record, and to each occupant of the agricultural 20 land if known to the commissioners. The notice shall describe 21 the agricultural land affected and shall describe the failure. 22 The notice shall also describe the corrective action required 23 and the time limit for commencing and accomplishing such 24 action. 25 7. If corrective action has not been commenced or 26 accomplished as described in the notice, the commissioners 27 shall issue an administrative order to the person who filed the 28 water quality plan. The administrative order shall address the 29 same subjects provided in the notice. However, the corrective 30 action must be commenced not more than six months after the 31 date the order is issued and must be completed not more than 32 one year after that date. 33 8. The commissioners shall petition the district court 34 to issue an order requiring immediate compliance with an 35 -4- LSB 5551YH (3) 87 da/rj 4/ 7
H.F. 2133 administrative order if the commissioners have determined any 1 of the following: 2 a. The corrective action has not been commenced or completed 3 by the date specified in the administrative order. 4 b. The corrective action has been commenced but is not 5 being performed with due diligence or in a manner that will 6 reasonably result in compliance with the water quality plan. 7 Sec. 4. Section 466B.41, Code 2018, is amended to read as 8 follows: 9 466B.41 Definitions. 10 As used in this subchapter, unless the context otherwise 11 requires: 12 1. “Center” means the Iowa nutrient research center 13 established pursuant to section 466B.47 . 14 2. “Committee” means the state soil conservation and water 15 quality committee established in section 161A.4. 16 2. 3. “Council” means the Iowa nutrient research center 17 advisory council established pursuant to section 466B.48 . 18 3. 4. “Division” means the division of soil conservation 19 and water quality created within the department of agriculture 20 and land stewardship pursuant to section 159.5 . 21 5. “Farming practice” means the same as defined in section 22 161A.42. 23 4. 6. “Fund” means the water quality initiative fund 24 created in section 466B.45 . 25 7. “Iowa nutrient reduction strategy” means the latest 26 edition of the publication of the same name initially presented 27 in November 2012 by the department of agriculture and land 28 stewardship, the department of natural resources, and Iowa 29 state university of science and technology. 30 8. “Model” means the crop field water quality model as 31 provided in section 466B.50. 32 5. 9. “Nutrient” includes nitrogen and phosphorus. 33 10. “Water quality plan” or “plan” means the same as defined 34 in section 161A.42. 35 -5- LSB 5551YH (3) 87 da/rj 5/ 7
H.F. 2133 11. “Water quality practice” means the same as defined in 1 section 161A.42. 2 Sec. 5. NEW SECTION . 466B.43 Policy. 3 It is the policy of this state that Iowa must reduce 4 its contribution of nutrient loading to the Gulf of Mexico 5 contributed from nonpoint sources occurring on agricultural 6 land by the following percentages: 7 1. For nitrogen, forty-one percent. 8 2. For phosphorus, twenty-nine percent. 9 Sec. 6. NEW SECTION . 466B.50 Iowa nutrient research center 10 —— crop field water quality model. 11 1. Not later than July 1, 2019, the center shall establish 12 a crop field water quality model based on the policy objective 13 described in section 466.43. The center shall establish the 14 model in cooperation with other entities, including all of the 15 following: 16 a. Iowa state university of science and technology. 17 b. The department. 18 c. The division. 19 d. The state soil conservation and water quality committee. 20 2. The model shall be based on findings and recommendations 21 contained in the Iowa nutrient reduction strategy, and on other 22 pertinent research data. 23 3. The model shall be used to predict contaminant loads to 24 receiving surface waters caused by farming practices and the 25 application of nutrients on agricultural land. 26 4. The model shall take into account all of the following: 27 a. Water quality practices and farming practices. The 28 model shall allow sufficient flexibility to allow a person 29 required to file a water quality plan to select those farming 30 practices and water quality practices that are compatible with 31 the person’s business operations consistent with the policy 32 described in section 466B.43. 33 b. Special characteristics associated with various types 34 of agricultural land, including field slopes, soil types, the 35 -6- LSB 5551YH (3) 87 da/rj 6/ 7
H.F. 2133 presence of highly erodible land, the presence of tile drainage 1 systems, and proximity of water sources, including major water 2 sources as defined in section 459.102. The model shall also 3 take into account the effects of the special characteristics on 4 the predicted loadings of nitrogen and phosphorus using farming 5 practices described in the plan. 6 c. Tolerance values for nitrogen and phosphorus loads from 7 farm fields based on the goals of the center normalized to a 8 crop field level basis. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires a water quality plan to be executed by 13 a person as a condition to receiving financial assistance for 14 establishing a soil and water conservation practice. The plan 15 would cover water quality practices such as land use changes 16 or the establishment and maintenance of a measure that limits 17 sediment or nutrients from being conveyed by surface water 18 runoff or leaching. It would also cover farming practices 19 regarding crop production, including those associated with 20 tillage. A water quality plan must be executed by the owner 21 of agricultural land or an operator managing the farming 22 activities occurring on the agricultural land. The plan is 23 to develop in cooperation with the commissioners of the soil 24 and water conservation district where the agricultural land is 25 located. However, a plan is not required to be filed until 26 December 31, 2020. The plan must be based on a crop field water 27 quality model required to be developed by the Iowa nutrient 28 research center with the objective that the contribution of 29 nonpoint sources of nutrients occurring on agricultural land 30 must be reduced by 41 percent for nitrogen and 29 percent for 31 phosphorus. The commissioners must conduct inspections to 32 ensure compliance with the plan and take administrative or 33 judicial action to enforce its provisions. 34 -7- LSB 5551YH (3) 87 da/rj 7/ 7