House
File
2440
-
Introduced
HOUSE
FILE
2440
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
645)
A
BILL
FOR
An
Act
relating
to
certain
water
quality
programs
and
other
1
provisions
properly
related
to
water
quality,
making
2
appropriations,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6167HV
(3)
87
da/rj
H.F.
2440
Section
1.
Section
16.1,
Code
2018,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
18A.
“Iowa
nutrient
reduction
strategy”
3
means
the
same
as
defined
in
section
455B.171,
as
amended
by
4
2018
Iowa
Acts,
Senate
File
512,
section
18.
5
Sec.
2.
Section
16.134,
subsection
4,
paragraph
f,
as
6
enacted
by
2018
Iowa
Acts,
Senate
File
512,
section
4,
is
7
amended
to
read
as
follows:
8
f.
Priority
shall
also
be
given
to
communities
that
employ
9
technology
to
address
the
latest
version
goals
of
the
“Iowa
10
Nutrient
Reduction
Strategy”
initially
presented
in
November
11
2012
by
the
department
of
agriculture
and
land
stewardship,
the
12
department
of
natural
resources,
and
Iowa
state
university
of
13
science
and
technology
Iowa
nutrient
reduction
strategy
.
14
Sec.
3.
Section
16.134,
subsection
4,
Code
2017,
as
amended
15
by
2018
Iowa
Acts,
Senate
File
512,
section
4,
is
amended
by
16
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
0g.
Priority
shall
also
be
given
to
18
communities
whose
drinking
water
facilities
and
systems
use
as
19
a
supply,
or
to
projects
whose
completion
will
improve,
surface
20
waters
on
the
state’s
impaired
waters
list
as
described
in
21
section
455B.194
and
455B.195.
22
Sec.
4.
Section
16.142,
subsection
2,
as
enacted
by
2018
23
Iowa
Acts,
Senate
File
512,
section
6,
is
amended
to
read
as
24
follows:
25
2.
“Eligible
entity”
means
a
municipality
or
a
landowner,
26
as
determined
by
the
authority,
a
public
utility
as
defined
in
27
section
476.1,
a
specified
industry,
or
a
rural
water
district
28
or
rural
water
association
as
defined
in
section
357A.1.
29
Sec.
5.
Section
16.142,
as
enacted
by
2018
Iowa
Acts,
Senate
30
File
512,
section
6,
is
amended
by
adding
the
following
new
31
subsection:
32
NEW
SUBSECTION
.
7.
“Specified
industry”
means
any
of
the
33
following:
34
a.
An
entity
engaged
in
an
industry
identified
in
the
Iowa
35
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2440
nutrient
reduction
strategy,
as
determined
by
the
authority,
1
which
industry
is
or
will
be
required
pursuant
to
the
Iowa
2
nutrient
reduction
strategy
to
collect
data
on
the
source,
3
concentration,
and
mass
of
total
nitrogen
or
total
phosphorus
4
in
its
effluent,
and
to
evaluate
alternatives
for
reducing
the
5
amount
of
nutrients
in
its
discharge.
6
b.
An
entity
implementing
technology
or
operational
7
improvements
to
reduce
nutrients
in
its
discharge.
8
Sec.
6.
Section
16.144,
subsection
4,
as
enacted
by
2018
9
Iowa
Acts,
Senate
File
512,
section
8,
is
amended
to
read
as
10
follows:
11
4.
By
October
1,
2018
2019
,
and
by
October
1
of
each
year
12
thereafter,
the
authority
shall
submit
a
report
to
the
governor
13
and
the
general
assembly
itemizing
expenditures
from
the
fund,
14
if
any,
during
the
previous
fiscal
year.
15
Sec.
7.
Section
16.145,
subsection
1,
paragraph
a,
as
16
enacted
by
2018
Iowa
Acts,
Senate
File
512,
section
9,
is
17
amended
to
read
as
follows:
18
a.
The
plan
includes
one
or
more
projects
that
improve
19
water
quality
in
the
local
area
or
watershed.
Projects
20
shall
use
practices
identified
in
the
latest
version
of
the
21
document
entitled
“Iowa
Nutrient
Reduction
Strategy”
initially
22
presented
in
November
2012
by
the
department
of
agriculture
23
and
land
stewardship,
the
department
of
natural
resources,
24
and
Iowa
state
university
of
science
and
technology
Iowa
25
nutrient
reduction
strategy
.
A
drainage
or
levee
district
26
established
under
chapter
468
shall
utilize
the
installation
of
27
edge-of-field
infrastructure
as
described
in
section
466B.43.
28
Sec.
8.
Section
16.145,
subsection
2,
as
enacted
by
2018
29
Iowa
Acts,
Senate
File
512,
section
9,
is
amended
to
read
as
30
follows:
31
2.
The
authority
shall
review
and
approve
or
deny
32
applications
for
financial
assistance.
The
provision
of
33
financial
assistance
under
the
program
shall
take
into
account,
34
as
applicable,
the
number
of
municipalities,
landowners,
35
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2440
public
utilities,
specified
industries,
rural
water
districts,
1
or
rural
water
associations
comprising
an
eligible
entity
2
and
the
eligible
entity’s
financing
capacity.
The
authority
3
shall
score
applications
for
financial
assistance
according
to
4
rules
adopted
pursuant
to
this
part.
The
authority
shall
only
5
provide
financial
assistance
to
eligible
entities
that
have
6
sufficient
financing
capacity
and
that
submit
an
appropriate
7
plan
designed
to
improve
water
quality.
8
Sec.
9.
Section
466B.2,
Code
2018,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
2A.
“Iowa
nutrient
reduction
strategy”
11
means
the
same
as
defined
in
section
455B.171,
as
amended
by
12
2018
Iowa
Acts,
Senate
File
512,
section
18.
13
Sec.
10.
Section
466B.2,
subsection
3,
Code
2018,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
e.
A
rural
improvement
zone
established
16
pursuant
to
chapter
357H.
17
Sec.
11.
Section
466B.3,
subsection
3
,
paragraph
c,
Code
18
2017,
as
amended
by
2018
Iowa
Acts,
Senate
File
512,
section
19
21,
is
amended
to
read
as
follows:
20
c.
Whether
the
funds,
programs,
and
regulatory
efforts
21
coordinated
by
the
council
eventually
result
in
a
long-term
22
improvement
to
the
quality
of
surface
water
in
Iowa.
To
23
evaluate
the
progress
achieved
over
time
toward
the
goals
of
24
the
Iowa
nutrient
reduction
strategy
,
as
defined
in
section
25
455B.171
,
and
the
United
States
environmental
protection
agency
26
gulf
hypoxia
action
plan,
the
baseline
condition
shall
be
27
calculated
for
the
time
period
from
1980
to
1996.
28
Sec.
12.
Section
466B.42,
Code
2017
,
as
amended
by
2018
29
Iowa
Acts,
Senate
File
512,
section
22,
is
amended
to
read
as
30
follows:
31
466B.42
Water
quality
initiative.
32
The
division
shall
establish
a
water
quality
initiative
33
in
order
to
assess
and
reduce
nutrients
in
this
state’s
34
watersheds,
including
subwatersheds
and
regional
watersheds,
35
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and
for
implementing
its
responsibilities
under
the
Iowa
1
nutrient
reduction
strategy
as
defined
in
section
455B.171
.
2
The
division
shall
establish
and
administer
projects
to
3
reduce
nutrients
in
surface
waters
from
nonpoint
sources
in
4
a
scientific,
reasonable,
and
cost-effective
manner.
The
5
division
shall
utilize
a
pragmatic,
strategic,
and
coordinated
6
approach
with
the
goal
of
accomplishing
reductions
over
time.
7
To
evaluate
the
progress
achieved
over
time
toward
the
goals
8
of
the
Iowa
nutrient
reduction
strategy
and
the
United
States
9
environmental
protection
agency
gulf
hypoxia
action
plan,
the
10
baseline
condition
shall
be
calculated
for
the
time
period
from
11
1980
to
1996.
12
Sec.
13.
Section
466B.43,
subsection
2,
as
enacted
by
2018
13
Iowa
Acts,
Senate
File
512,
section
23,
is
amended
to
read
as
14
follows:
15
2.
The
purpose
of
the
programs
is
to
support
projects
for
16
the
installation
of
infrastructure,
including
conservation
17
structures,
practices,
or
other
measures
that
reduce
18
contributing
nutrient
loads,
associated
sediment,
or
19
contaminants
from
sources
to
surface
waters
including
but
not
20
limited
to
surface
waters
on
the
impaired
waters
list
of
the
21
state
that
are
used
as
a
drinking
water
supply
.
The
programs
22
shall
be
administered
in
a
manner
that
is
consistent
with
23
the
latest
version
of
the
“Iowa
Nutrient
Reduction
Strategy”
24
initially
presented
in
November
2012
by
the
department
of
25
agriculture
and
land
stewardship,
the
department
of
natural
26
resources,
and
Iowa
state
university
of
science
and
technology
27
Iowa
nutrient
reduction
strategy
.
28
Sec.
14.
Section
466B.43,
subsection
6,
as
enacted
by
2018
29
Iowa
Acts,
Senate
File
512,
section
23,
is
amended
to
read
as
30
follows:
31
6.
By
October
1,
2018
2019
,
and
each
October
1,
thereafter,
32
the
division
shall
submit
a
report
to
the
governor
and
the
33
general
assembly
itemizing
expenditures,
by
hydrologic
unit
34
code
8
watershed,
under
the
programs
during
the
previous
fiscal
35
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year,
if
any.
1
Sec.
15.
Section
466B.44,
subsections
2
and
7,
as
enacted
2
by
2018
Iowa
Acts,
Senate
File
512,
section
24,
are
amended
to
3
read
as
follows:
4
2.
The
purpose
of
the
program
is
to
support
watershed
5
projects
and
advance
implementation
of
the
latest
version
of
6
the
“Iowa
Nutrient
Reduction
Strategy”
initially
presented
7
in
November
2012
by
the
department
of
agriculture
and
8
land
stewardship,
the
department
of
natural
resources,
9
and
Iowa
state
university
of
science
and
technology
Iowa
10
nutrient
reduction
strategy
,
which
program
support
may
11
include
demonstration
projects
that
decrease
erosion,
12
precipitation-induced
surface
runoff,
and
storm
water
13
discharges
and
that
increase
water
infiltration
rates.
The
14
program’s
projects
shall
be
based
on
Iowa’s
storm
water
15
management
manual
published
by
the
department
of
natural
16
resources.
17
7.
By
October
1,
2018
2019
,
and
by
October
1
of
each
year
18
thereafter,
the
division
shall
submit
a
report
to
the
governor
19
and
the
general
assembly
itemizing
expenditures
under
the
20
program,
if
any,
during
the
previous
fiscal
year.
21
Sec.
16.
2018
Iowa
Acts,
Senate
File
512,
section
25,
22
subsections
1
and
3,
are
amended
to
read
as
follows:
23
1.
The
legislative
council
is
requested
to
establish
a
24
study
committee
for
the
2017
2018
interim
to
identify
and
25
comprehensively
review
the
financial
and
other
challenges
faced
26
by
small
cities
in
complying
with
the
various
state
and
federal
27
clean
water
standards,
and
to
consider
options
for
addressing
28
those
challenges.
29
3.
The
interim
committee
shall
submit
its
findings
and
30
recommendations
to
the
general
assembly
for
consideration
31
during
the
2018
2019
legislative
session.
32
Sec.
17.
2015
Iowa
Acts,
chapter
132,
section
18,
subsection
33
1,
is
amended
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
0b.
The
soil
conservation
and
water
quality
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division
of
the
department
of
agriculture
and
land
stewardship,
1
in
cooperation
with
Iowa
state
university
of
science
and
2
technology,
shall
use
moneys
appropriated
in
paragraph
“a”
3
to
administer
education
and
outreach
programs
that
provide
4
information
regarding
in-field
agricultural
practices,
and
5
their
value,
in
order
to
further
enhance
the
rate
that
such
6
practices
are
adopted.
7
Sec.
18.
2015
Iowa
Acts,
chapter
132,
section
18,
subsection
8
1,
paragraph
b,
is
amended
to
read
as
follows:
9
b.
Notwithstanding
section
8.33
,
moneys
appropriated
in
10
paragraph
“a”
that
remain
unencumbered
or
unobligated
at
the
11
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
12
available
for
expenditure
for
the
purposes
designated
until
the
13
close
of
the
fiscal
year
beginning
July
1,
2017
2019
.
14
Sec.
19.
EFFECTIVE
UPON
ENACTMENT.
The
sections
of
this
Act
15
amending
2015
Iowa
Acts,
chapter
132,
section
18,
take
effect
16
upon
enactment.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
BACKGROUND.
Senate
File
512
(SF
512),
as
enacted
by
the
21
general
assembly
in
2018,
creates
new
water
quality
programs,
22
amends
an
existing
water
quality
program,
provides
for
23
transfers
and
appropriations
related
to
water
quality,
creates
24
a
water
service
excise
tax
and
related
sales
tax
exemption,
and
25
provides
for
other
changes
properly
related
to
water
quality.
26
GENERAL
AMENDMENTS
TO
SF
512.
This
bill
eliminates
the
27
way
in
which
the
Iowa
nutrient
reduction
strategy
is
cited
in
28
various
provisions.
29
The
bill
eliminates
a
provision
that
requires
drainage
or
30
levee
districts
to
utilize
the
installation
of
edge-of-field
31
infrastructure.
32
The
bill
relates
to
the
wastewater
treatment
financial
33
assistance
program
(Code
section
16.134).
SF
512
provides
34
grants
for
the
installation
and
upgrade
of
drinking
water
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facilities
and
by
giving
priority
under
that
program
to
various
1
communities
and
projects.
The
bill
provides
that
priority
2
under
that
program
must
also
be
given
to
communities
whose
3
drinking
water
facilities
and
systems
use
as
a
supply,
or
to
4
projects
whose
completion
will
improve,
surface
waters
on
the
5
impaired
waters
list
of
the
state.
6
The
bill
amends
the
water
quality
financing
program
by
7
providing
that
a
specified
industry
is
eligible
to
participate
8
and
receive
financial
assistance
under
that
program.
9
The
bill
amends
water
quality
agriculture
infrastructure
10
programs.
SF
512
provides
that
the
purpose
of
those
programs
11
is
to
support
certain
measures
that
reduce
nutrient
loads,
12
associated
sediment,
or
contaminants
from
sources
to
surface
13
waters.
The
bill
provides
that
surface
waters
include
but
are
14
not
limited
to
those
described
as
the
state’s
impaired
waters
15
list
that
are
used
as
a
drinking
water
supply.
16
The
bill
adds
rural
improvement
zones
to
the
list
of
17
political
subdivisions
that
are
eligible
to
participate
as
a
18
member
of
a
watershed
management
authority.
19
The
bill
updates
the
inaugural
date
that
annual
reports
20
from
the
economic
development
authority
and
the
division
of
21
soil
conservation
and
water
quality
within
the
department
22
of
agriculture
and
land
stewardship
are
due
under
the
water
23
quality
financing
program
and
the
water
quality
agriculture
24
infrastructure
programs,
respectively,
from
October
1,
2018,
25
to
October
1,
2019.
26
The
bill
updates
the
establishment
date
for
the
legislative
27
interim
study
committee
on
small
cities
and
clean
water
28
standards,
from
the
2017
legislative
interim
to
the
2018
29
legislative
interim.
The
bill
also
updates
from
2018
to
2019
30
the
legislative
session
for
which
that
interim
committee,
31
is
required
to
submit
its
findings
for
consideration
by
the
32
general
assembly.
33
AMENDMENT
TO
PRIOR
ACT.
The
bill
amends
a
provision
enacted
34
in
2015
(2015
Iowa
Acts,
chapter
132)
that
appropriated
moneys
35
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2440
from
the
agriculture
management
account
of
the
groundwater
1
protection
fund
to
Iowa
state
university
of
science
and
2
technology
for
purposes
of
supporting
the
collection
and
use
3
of
data
associated
with
in-field
practices.
The
bill
provides
4
that
the
remaining
moneys
may
also
be
used
to
finance
related
5
education
and
outreach
programs.
The
bill
provides
that
the
6
moneys
may
be
expended
for
those
purposes
until
the
close
of
7
the
fiscal
year
beginning
July
1,
2019.
8
EFFECTIVE
DATE.
The
bill
makes
the
provision
authorizing
9
the
use
of
moneys
appropriated
from
the
groundwater
protection
10
fund
effective
upon
enactment.
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