Senate File 548 - Introduced SENATE FILE 548 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1221) A BILL FOR An Act relating to the acquisition, donation, or sale of real 1 property for specified purposes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2753SV (2) 88 js/rn

S.F. 548 Section 1. Section 455B.291, subsection 9, paragraph a, 1 Code 2019, is amended to read as follows: 2 a. In the context of water pollution control facilities, 3 the acquisition, construction, reconstruction, extension, 4 equipping, improvement, or rehabilitation of any works and 5 facilities useful for the collection, treatment, and disposal 6 of sewage and industrial waste in a sanitary manner including 7 treatment works as defined in section 212 of the Clean Water 8 Act, or the implementation and development of management 9 programs established under sections 319 and 320 of the Clean 10 Water Act, including construction and undertaking of nonpoint 11 source water pollution control projects and related development 12 activities authorized under those sections. However, on and 13 after July 1, 2019, nonpoint source water pollution control 14 projects shall not include the acquisition of real property by 15 a private entity for future donation or sale to a political 16 subdivision, the department, or the federal government. 17 Sec. 2. Section 455B.295, subsection 2, Code 2019, is 18 amended to read as follows: 19 2. Each of the revolving loan funds shall include sums 20 appropriated to the revolving loan funds by the general 21 assembly, sums transferred by action of the governor under 22 section 455B.296, subsection 3 , sums allocated to the state 23 expressly for the purposes of establishing each of the 24 revolving loan funds under the Clean Water Act and the Safe 25 Drinking Water Act, all receipts by the revolving loan funds, 26 and any other sums designated for deposit to the revolving 27 loan funds from any public or private source. All moneys 28 appropriated to and deposited in the revolving loan funds 29 are appropriated and shall be used for the sole purpose of 30 making loans to eligible entities to finance all or part of the 31 cost of projects, including sponsor projects under the water 32 resource restoration sponsor program established in section 33 455B.199 . The moneys appropriated to and deposited in the 34 water pollution control works revolving loan fund shall not 35 -1- LSB 2753SV (2) 88 js/rn 1/ 3

S.F. 548 be used to pay the nonfederal share of the cost of projects 1 receiving grants under the Clean Water Act. On and after 2 July 1, 2019, moneys in the revolving loan funds shall not 3 be used to finance, subsidize, or enable the acquisition of 4 real property by a private entity except that moneys in the 5 revolving loan funds may be used to finance or subsidize an 6 acquisition of real property by a private entity that occurred 7 prior to July 1, 2019. The moneys in the revolving loan funds 8 are not considered part of the general fund of the state, are 9 not subject to appropriation for any other purpose by the 10 general assembly, and in determining a general fund balance 11 shall not be included in the general fund of the state but 12 shall remain in the revolving loan funds to be used for their 13 respective purposes. The revolving loan funds are separate 14 dedicated funds under the administration and control of the 15 authority and subject to section 16.31 . Moneys on deposit in 16 the revolving loan funds shall be invested by the treasurer 17 of state in cooperation with the authority, and the income 18 from the investments shall be credited to and deposited in the 19 appropriate revolving loan funds. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the acquisition, donation, or sale of 24 real property for specified purposes. 25 The bill prohibits water pollution control projects from 26 including the acquisition of real property by a private entity 27 for future donation or sale to a political subdivision, the 28 department of natural resources, or the federal government 29 on and after July 1, 2019. The bill also prohibits the use 30 of moneys in the revolving loan funds under the federal 31 Clean Water Act or Safe Drinking Water Act for the financing, 32 subsidizing, or enabling of the acquisition of real property 33 by a private entity on and after July 1, 2019, except that such 34 moneys may be used to finance or subsidize an acquisition of 35 -2- LSB 2753SV (2) 88 js/rn 2/ 3

S.F. 548 real property by a private entity that occurred prior to July 1 1, 2019. 2 -3- LSB 2753SV (2) 88 js/rn 3/ 3