Senate
File
2352
-
Introduced
SENATE
FILE
2352
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SF
2203)
A
BILL
FOR
An
Act
relating
to
drainage
and
levee
districts,
by
providing
1
for
repairs
that
require
a
report
by
an
engineer
or
soil
and
2
water
conservation
district
conservationist.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
468.126,
subsection
1,
paragraph
d,
Code
1
2020,
is
amended
to
read
as
follows:
2
d.
If
a
hearing
is
required
under
Notwithstanding
paragraph
3
“c”
“b”
,
if
the
estimated
cost
of
the
repair
exceeds
fifty
4
thousand
dollars
or
the
adjusted
competitive
bid
threshold,
5
whichever
is
more,
the
board
shall
order
an
engineer’s
report
6
or
a
report
from
the
soil
and
water
conservation
district
7
conservationist
regarding
the
matter
to
which
shall
be
8
presented
at
the
hearing
provided
in
paragraph
“c”
.
The
board
9
may
waive
the
report
requirement
if
a
prior
report
on
the
10
repair
exists
and
that
report
is
less
than
ten
years
old.
At
11
the
hearing,
the
board
shall
hear
objections
to
the
feasibility
12
of
making
the
proposed
repair.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
amends
Code
section
468.126
by
providing
for
17
required
reports
on
repairs
made
to
a
drainage
or
levee
18
district
(district)
as
ordered
by
a
board
managing
the
district
19
(board).
The
bill
requires
a
board
to
order
a
report
from
20
a
civil
or
drainage
engineer
or
soil
and
water
conservation
21
district
conservationist
regarding
a
proposed
repair
if
22
the
repair’s
estimated
cost
exceeds
$50,000
or
the
adjusted
23
competitive
bid
threshold,
whichever
is
more.
The
report
must
24
be
presented
at
the
hearing
of
landowners.
25
BACKGROUND.
Generally,
there
are
two
types
of
projects
26
authorized
under
Code
section
468.126,
a
repair
which
refers
27
to
restoring
a
facility
to
its
original
design
or
efficiency
28
and
an
improvement
which
enhances
or
enlarges
the
district’s
29
facility.
A
board
determines
whether
to
conduct
a
hearing
30
of
landowners
regarding
a
repair
or
improvement
based
on
the
31
project’s
estimated
cost
as
provided
in
the
report.
A
hearing
32
is
required
if
the
estimated
cost
of
the
repair
or
improvement
33
exceeds
$50,000.
In
that
case,
the
report
is
presented
at
34
the
hearing.
There
are
several
types
of
boards
that
may
have
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jurisdiction
to
decide
whether
or
not
to
order
a
repair
or
1
improvement,
including
a
board
of
supervisors,
a
joint
board
of
2
supervisors,
or
an
elected
board
of
trustees.
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