S.F. 2203 Section 1. Section 468.126, subsection 1, paragraphs b, c, 1 and d, Code 2020, are amended to read as follows: 2 b. (1) The board may at any time obtain shall not 3 order an engineer’s report be prepared and submitted to the 4 board regarding a repair, unless the board makes an initial 5 determination of the repair’s estimated cost. The board may 6 adjust its initial determination at any time. 7 (a) The board shall order the report based on an estimated 8 cost that exceeds three hundred fifty thousand dollars. 9 (b) The board may order the report based on an estimated 10 cost that exceeds two hundred fifty thousand dollars but does 11 not exceed three hundred fifty thousand dollars. 12 (c) The board shall not order the report based on an 13 estimated cost that does not exceed two hundred fifty thousand 14 dollars. 15 (2) Notwithstanding subparagraph (1), the board may order 16 the report prepared by a soil and water conservation district 17 conservationist in lieu of an engineer. 18 (3) If a report is ordered, it shall describe the most 19 feasible means of repairing a drainage or levee improvement 20 and the probable cost of making the repair. If the engineer 21 advises, or the board otherwise concludes that permanent 22 restoration of a damaged structure is not feasible at the 23 time, the board may order temporary construction it deems 24 necessary to the continued functioning of the improvement. If 25 in maintaining and repairing tile lines the board finds from 26 an engineer’s report it is more economical to construct a new 27 line than to repair the existing line, the new line may be 28 considered to be a repair. 29 c. (1) If the estimated cost of the repair does not exceed 30 The board shall hold a hearing regarding a repair, if the 31 estimated cost of the repair exceeds fifty thousand dollars , . 32 The estimated cost of the repair shall be based on the board’s 33 last determination, unless a report is ordered pursuant to 34 paragraph “b” . In that case, the estimated cost shall be based 35 -1- LSB 5854XS (3) 88 da/ns 1/ 4

S.F. 2203 on the estimate in the report. If the estimated cost of the 1 repair does not exceed fifty thousand dollars, the board may 2 order the work done without conducting a hearing on the matter. 3 Otherwise, the 4 (2) The board shall set a date and time for a hearing and 5 provide notice of the hearing to landowners in the district by 6 publication in the same manner as provided in section 468.15 . 7 However, if the estimated cost of the repair exceeds the 8 adjusted competitive bid threshold, the board shall provide 9 notice to the landowners pursuant to sections 468.14 through 10 468.18 . The board shall not divide a proposed repair into 11 separate programs in order to avoid the notice and hearing 12 requirements of this paragraph. 13 d. If a hearing is required under paragraph “c” , the board 14 shall order an engineer’s report or a report from the soil 15 and water conservation district conservationist regarding the 16 matter to be presented at the hearing. The board may waive the 17 report requirement if a prior report on the repair exists and 18 that report is less than ten years old. At the hearing, the 19 board shall hear objections to the feasibility of making the 20 proposed repair. 21 Sec. 2. Section 468.126, subsection 4, paragraphs b and c, 22 Code 2020, are amended to read as follows: 23 b. (1) When the The board shall not order an improvement 24 be constructed unless the board determines that an improvement 25 is necessary or desirable, and feasible , the . The board shall 26 not order an engineer’s report be prepared and submitted to 27 the board regarding an improvement, unless the board makes an 28 initial determination of the improvement’s estimated cost. The 29 board may adjust its initial determination at any time. 30 (a) The board shall order the report based on an estimated 31 cost that exceeds three hundred fifty thousand dollars. 32 (b) The board may order the report based on an estimated 33 cost that exceeds two hundred fifty thousand dollars but does 34 not exceed three hundred fifty thousand dollars. 35 -2- LSB 5854XS (3) 88 da/ns 2/ 4

S.F. 2203 (c) The board shall not order a report based on an estimated 1 cost that does not exceed two hundred fifty thousand dollars. 2 (2) If the board orders a report, it shall appoint an 3 engineer to make surveys as seem appropriate to determine the 4 nature and extent of the improvement, and to file a report 5 showing what improvement is recommended and its estimated cost, 6 which report may be amended before final action. 7 c. If the estimated cost of the improvement does not exceed 8 The board shall hold a hearing regarding an improvement, if 9 the estimated cost of the improvement exceeds fifty thousand 10 dollars , . The estimated cost of the improvement shall be based 11 on the board’s last determination, unless a report is ordered 12 pursuant to paragraph “b” . In that case, the estimated cost 13 shall be based on the estimate in the report. If the estimated 14 cost of the improvement does not exceed fifty thousand dollars, 15 the board may order the work done without conducting a hearing 16 on the matter. Otherwise, the 17 (1) The board shall set a date and time for a hearing on 18 whether to construct the proposed improvement and whether there 19 shall be a reclassification of benefits for the cost of the 20 proposed improvement. 21 (1) (a) The board shall provide notice to landowners in 22 the district by publication in the same manner as provided 23 in section 468.15 . However, if the estimated cost of the 24 improvement exceeds the adjusted competitive bid threshold, 25 the board shall provide notice to the landowners pursuant to 26 sections 468.14 through 468.18 . 27 (b) Notwithstanding subparagraph division (a), and in lieu 28 of publishing the notice, the board may mail a copy of the 29 notice to each address where a landowner within the district 30 resides by first class mail if the cost of mailing is less 31 than publication of the notice. The mailing shall be made 32 during the time the notice would otherwise be required to be 33 published. 34 (2) The board shall not divide proposed improvements into 35 -3- LSB 5854XS (3) 88 da/ns 3/ 4

S.F. 2203 separate programs in order to avoid compliance with this 1 paragraph “c” . 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill amends Code chapter 468 by providing for repairs 6 made and improvements constructed to a drainage or levee 7 district (district) as ordered by a board managing the district 8 (board). The bill provides that before ordering a report from 9 a civil or drainage engineer or soil and water conservation 10 district conservationist regarding a proposed repair or 11 ordering a report from an engineer regarding a proposed 12 improvement, the board must make a determination regarding 13 its estimated cost. The board is required to order a report, 14 is provided discretion to order a report, or is prohibited 15 from ordering a report, based on that estimate. The board’s 16 estimate is also used to determine whether to conduct a hearing 17 of landowners regarding the matter. 18 BACKGROUND. Generally, there are two types of projects 19 authorized under Code chapter 468, a repair which refers to 20 restoring a facility to its original design or efficiency 21 and an improvement which enhances or enlarges the district’s 22 facility. A board determines whether to conduct a hearing 23 of landowners regarding a repair or improvement based on the 24 project’s estimated cost as provided in the report. A hearing 25 is required if the estimated cost of the repair or improvement 26 exceeds $50,000. In that case, the report is presented at 27 the hearing. There are several types of boards that may have 28 jurisdiction to decide whether or not to order a repair or 29 improvement, including a board of supervisors, a joint board of 30 supervisors, or an elected board of trustees. 31 -4- LSB 5854XS (3) 88 da/ns 4/ 4