H.F. 571 Section 1. Section 161A.3, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 9A. “Iowa nutrient reduction strategy” 3 means the same as defined in section 455B.171. 4 NEW SUBSECTION . 12A. “Point source” means the same as 5 defined in section 455B.171. 6 Sec. 2. Section 161A.7, subsection 1, paragraph d, Code 7 2019, is amended to read as follows: 8 d. To cooperate, or enter into agreements with, and within 9 the limits of appropriations duly made available to it by law, 10 to furnish financial or other aid assistance to any agency, 11 governmental or otherwise, or any owner or occupier of lands 12 within the district, in the carrying on of including by doing 13 all of the following: 14 (1) Carrying out erosion-control and watershed protection 15 and flood prevention operations within the district, subject 16 to such conditions as the commissioners may deem necessary to 17 advance the purposes of this chapter . 18 (2) Carrying out projects or operations within the 19 district, as provided in paragraph “p” , subject to such 20 conditions as the commissioners may deem necessary to advance 21 the purposes of this chapter. 22 Sec. 3. Section 161A.7, subsection 1, Code 2019, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . p. To carry out soil erosion control, 25 watershed protection or improvement, water resource 26 restoration, flood prevention or control, and water quality 27 protection projects and operations, within the district. The 28 water quality protection projects and operations may include 29 but are not limited to efforts to maintain, protect, and 30 improve the quality of surface water and groundwater from point 31 and nonpoint sources, including by doing all of the following: 32 (1) Reducing or eliminating pollution caused by access to 33 agricultural drainage or sinkholes, sedimentation, or chemical 34 pollutants. 35 -1- LSB 2562YH (3) 88 da/rn 1/ 9

H.F. 571 (2) Reducing or removing nutrients and other pollutants in 1 or from surface water and groundwater. 2 (3) Reducing or eliminating nutrient loads from surface 3 water or groundwater. 4 (4) Achieving or furthering any of the objectives, goals, 5 and targets described in the Iowa nutrient strategy. 6 Sec. 4. Section 161A.13, Code 2019, is amended to read as 7 follows: 8 161A.13 Purpose of subdistricts. 9 Subdistricts of a soil and water conservation district may 10 be formed as provided in this chapter for the purposes of 11 carrying out watershed protection and flood prevention programs 12 to carry out the same purposes of the district under section 13 161A.7, within the territory of the subdistrict but shall not 14 be formed solely for the purpose of establishing or taking over 15 the operation of an existing drainage district. 16 Sec. 5. Section 161C.1, Code 2019, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 01. “Authorized project” means a project 19 that is carried out to support any of the following: 20 a. Soil erosion control. 21 b. Watershed protection or improvement. 22 c. Water resource restoration. 23 d. Flood prevention or control. 24 e. Water quality protection practices. 25 f. Water quality projects and operations, including as 26 required to achieve or further any of the objectives, goals, 27 and targets described in the Iowa nutrient strategy. 28 NEW SUBSECTION . 4A. “Iowa nutrient reduction strategy” 29 means the same as defined in section 455B.171. 30 NEW SUBSECTION . 5A. “Point source” means the same as 31 defined in section 455B.171. 32 NEW SUBSECTION . 5B. “Qualified government entity” means a 33 county, city, or other political subdivision, or other local 34 agency. 35 -2- LSB 2562YH (3) 88 da/rn 2/ 9

H.F. 571 Sec. 6. Section 161C.2, subsection 1, paragraph a, Code 1 2019, is amended to read as follows: 2 a. Each A soil and water conservation district, alone 3 and whenever practical in conjunction with other districts, 4 shall qualified government entities, or financing entities 5 may carry out district-wide and multiple-district projects 6 to support water protection practices in the district or 7 districts , including but not limited to authorized projects 8 to protect this state’s groundwater and surface water from 9 point and nonpoint sources of contamination, including but 10 not limited to contamination by agricultural drainage wells, 11 sinkholes, sedimentation, or chemical pollutants . The projects 12 and operations include but are not limited to practices or 13 other efforts to reduce or eliminate pollution caused by access 14 to agricultural drainage wells or sinkholes, sedimentation, 15 or chemical pollutants, as described in the Iowa nutrient 16 reduction strategy. 17 Sec. 7. Section 161C.3, Code 2019, is amended to read as 18 follows: 19 161C.3 Cooperation with other agencies qualified government 20 entities and financing entities . 21 Soil A soil and water conservation districts district may 22 enter into agreements an agreement with the United States 23 federal government , as provided by state law, or with the state 24 of Iowa or any agency of the state, any other soil and water 25 conservation district, or other political subdivision of this 26 state a qualified government entity, or a financing entity , 27 for cooperation in preventing, controlling, or attempting to 28 prevent or control contamination the pollution of groundwater 29 or surface water or groundwater by point and nonpoint sources 30 of pollution . Soil and water conservation districts may 31 accept, as provided by state law, any money disbursed for water 32 quality preservation purposes by the federal government or any 33 agency of the federal government, and expend the money for the 34 purposes for which it was received. 35 -3- LSB 2562YH (3) 88 da/rn 3/ 9

H.F. 571 Sec. 8. Section 161E.1, Code 2019, is amended to read as 1 follows: 2 161E.1 Authority of board. 3 1. a. If a county, soil and water conservation district, 4 a subdistrict of a soil and water conservation district, 5 political subdivision of the state, or other local agency a 6 qualified government entity, or a financing entity engages or 7 in, participates in a project for flood or erosion control, 8 flood prevention , or carries out an authorized project, 9 including but not limited to a water quality project or 10 operation , or engages in, participates in, or carries out a 11 project for the conservation, development, utilization, and 12 disposal of water, in cooperation with the federal government, 13 or a department or agency of the federal government, the 14 counties in which the project is carried on out may , act 15 through the board of supervisors, construct, or under a chapter 16 28E or 28F agreement, to do any of the following: 17 (1) Construct, operate, and maintain the project on lands 18 under the control or jurisdiction of the county dedicated to 19 county use , or furnish . 20 (2) Furnish financial and other assistance in connection 21 with the projects. Flood, soil erosion control, and watershed 22 improvement 23 b. Authorized projects , including but not limited to water 24 quality projects and operations, are presumed to be for the 25 protection of the tax base of the county, for the protection of 26 public roads and lands, and for the protection of the public 27 health, sanitation, safety, and general welfare. 28 Sec. 9. NEW SECTION . 161E.1A Definitions. 29 As used in this chapter, unless the context otherwise 30 requires: 31 1. “Authorized project” means a project that is carried out 32 to support any of the following: 33 a. Soil erosion control project. 34 b. Watershed protection or improvement project. 35 -4- LSB 2562YH (3) 88 da/rn 4/ 9

H.F. 571 c. Water resource restoration project. 1 d. Flood prevention or control. 2 e. Water quality protection practices. 3 f. Water quality projects and operations, including those 4 projects described in the Iowa nutrient reduction strategy. 5 2. “Iowa nutrient reduction strategy” means the same as 6 defined in section 455B.171. 7 3. “Point source” means the same as defined in section 8 455B.171. 9 4. “Qualified government entity” means a county, city, or 10 other political subdivision, or a local agency. 11 Sec. 10. Section 161E.2, Code 2019, is amended to read as 12 follows: 13 161E.2 Federal aid assistance . 14 A county may, in accordance with this chapter , accept 15 federal funds for aid moneys to assist in a supporting an 16 authorized project for flood or soil erosion control, flood 17 prevention , or the conservation, development, utilization, 18 and disposal of water , and . A county may cooperate with 19 the federal government or a department or agency of the 20 federal government, a soil and water conservation district, 21 subdistrict of a soil and water conservation district, 22 political subdivision of the state, or other local agency, and 23 the or a qualified government entity. The county may assume 24 a proportion of the cost of the authorized project as deemed 25 appropriate, and may assume the maintenance cost of the project 26 on lands under the control or jurisdiction of the county which 27 will not be discharged by federal aid assistance or grant. 28 Sec. 11. Section 161E.3, Code 2019, is amended to read as 29 follows: 30 161E.3 Cooperation. 31 The counties, county, soil and water conservation districts, 32 and subdistricts of soil and water conservation districts , 33 and qualified government entities concerned, shall advise and 34 consult with each other, upon the request of any of them or 35 -5- LSB 2562YH (3) 88 da/rn 5/ 9

H.F. 571 any affected landowners, and may cooperate with each other 1 or with other state subdivisions or instrumentalities, and 2 affected landowners, as well as with the federal government or 3 a department or agency of the federal government, or with a 4 financing entity, to construct, operate, and maintain suitable 5 authorized projects for flood or soil erosion control, flood 6 prevention , including but not limited to water quality projects 7 and operations , or the conservation, development, utilization, 8 and disposal of water on public roads or other public lands or 9 other land granted county use. 10 Sec. 12. Section 161E.5, Code 2019, is amended to read as 11 follows: 12 161E.5 Maintenance cost. 13 If construction of projects has been completed by the soil 14 and water conservation district, subdistricts a subdistrict of 15 the soil and water conservation districts district , political 16 subdivisions of the state, or other local agencies a qualified 17 government entity , or the federal government, or a department 18 or agency of the federal government, on private lands under the 19 easement granted to the county, only the cost of maintenance 20 may be assumed by the county. 21 Sec. 13. Section 161E.9, Code 2019, is amended to read as 22 follows: 23 161E.9 Tax levy. 24 The county board of supervisors may annually levy a tax not 25 to exceed six and three-fourths cents per thousand dollars of 26 assessed value of all agricultural lands in the county, to 27 be used for flood and erosion control, including authorized 28 projects, including but not limited to furnishing financial 29 assistance in connection with water quality projects and 30 operations, and for the acquisition of land or interests in 31 land, and repair, alteration, maintenance, and operation of 32 works of improvement on lands under the control or jurisdiction 33 of the county as provided in this chapter . 34 Sec. 14. Section 161F.2, Code 2019, is amended to read as 35 -6- LSB 2562YH (3) 88 da/rn 6/ 9

H.F. 571 follows: 1 161F.2 Board of supervisors to establish districts —— strip 2 coal mining. 3 1. The board of supervisors of any a county shall have 4 jurisdiction, power and authority at any regular, special or 5 adjourned session to establish, subject to the provisions 6 of this chapter , districts having for their purpose soil 7 conservation , and the control of flood waters , or the 8 improvement of water quality, and to cause to be constructed 9 as hereinafter provided, such improvements and facilities as 10 shall be deemed essential for the accomplishment of the purpose 11 of soil conservation , and flood control , or the improvement of 12 water quality . 13 2. Such The board of supervisors of a county shall also 14 have jurisdiction, power and authority at any regular, special 15 or adjourned session to establish, in the same manner that 16 the districts hereinabove referred to described in subsection 17 1 are established, districts having for their purpose soil 18 conservation in mining areas within the county, and provide 19 that anyone engaged in removing the surface soil over any 20 bed or strata of coal in such district for the purpose of 21 obtaining such coal shall replace the surface soil as nearly 22 as practicable to its original position, and provide that, 23 upon abandonment of such removal operation, all surface soil 24 shall be so replaced. This section subsection shall apply only 25 to surface soil so removed after July 4, 1949, and then only 26 if it is essential for the accomplishment of the purpose of 27 soil conservation and flood control within the purview of this 28 chapter . 29 Sec. 15. Section 161F.3, Code 2019, is amended to read as 30 follows: 31 161F.3 Combination of functions. 32 Such districts shall have the power to combine in their 33 functions activities affecting soil conservation, flood 34 control , and drainage, water quality improvement, or any of 35 -7- LSB 2562YH (3) 88 da/rn 7/ 9

H.F. 571 these objects, singly or in combination with another. 1 Sec. 16. CODE EDITOR DIRECTIVE. 2 1. The Code editor is directed to make the following 3 transfers: 4 a. Section 161E.1A as enacted in this Act to section 161E.1. 5 b. Section 161E.1, as amended by this Act, to section 6 161E.1A. 7 2. The Code editor shall correct internal references in the 8 Code and in any enacted legislation as necessary due to the 9 enactment of this section. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill amends various provisions relating to the 14 management of soil and water resources including Code chapter 15 161A, the “Soil Conservation Districts Law” (Code section 16 161A.1) which regulates soil erosion and authorizes the payment 17 of cost-share incentives for soil and water conservation 18 practices administered by the department of agriculture and 19 land stewardship (department) and soil and water conservation 20 districts (districts) throughout the state; Code chapter 21 161C authorizing districts and other political subdivisions 22 to work in conjunction in carrying out districtwide and 23 multiple district water protection projects; Code chapter 161E, 24 authorizing counties and districts, political subdivisions, 25 and other local agencies (qualified government entities) to 26 provide for flood control or soil erosion control, including 27 by levying a tax of 6.75 cents per $1,000 of assessed value on 28 agricultural land in the county; and Code chapter 161F which 29 authorizes the board of supervisors of a county to establish 30 soil conservation and flood control districts. 31 The bill provides that along with traditional duties and 32 powers exercised by these bodies relating to soil erosion 33 and flood protection, they may also carry out water quality 34 protection projects and operations which include efforts to 35 -8- LSB 2562YH (3) 88 da/rn 8/ 9

H.F. 571 maintain, protect, and improve the quality of surface water 1 and groundwater from point and nonpoint sources in a manner 2 consistent with the Iowa nutrient reduction strategy. The 3 bill authorizes cooperation between districts, subdistricts, 4 and political subdivisions including through the use of 5 Code chapter 28E and Code chapter 28F agreements. The bill 6 authorizes joint financing agreements and the involvement of 7 financing entities which are presumably business organizations 8 engaged in bonding or other financing arrangements. 9 -9- LSB 2562YH (3) 88 da/rn 9/ 9