H.F. 646 Section 1. Section 161A.3, Code 2021, 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 2021, 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 2021, 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 2559YH (3) 89 da/ns 1/ 9

H.F. 646 (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 reduction strategy. 6 Sec. 4. Section 161A.13, Code 2021, 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 2021, 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 reduction strategy. 28 NEW SUBSECTION . 4A. “Financing entity” means a public 29 agency or private agency, as those terms are defined in 30 section 28E.2, that provides funding to persons through loans, 31 forgivable loans, grants, or other financial instruments, and 32 which may include but is not limited to providing financing 33 under chapter 28F, 331, or 384. 34 NEW SUBSECTION . 4B. “Iowa nutrient reduction strategy” 35 -2- LSB 2559YH (3) 89 da/ns 2/ 9

H.F. 646 means the same as defined in section 455B.171. 1 NEW SUBSECTION . 5A. “Point source” means the same as 2 defined in section 455B.171. 3 NEW SUBSECTION . 5B. “Public purpose entity” means a 4 county, city, other political subdivision or local agency, a 5 rural water district incorporated and organized pursuant to 6 the provisions of chapter 357A, or a rural water association 7 organized and incorporated as a cooperative association under 8 chapter 499 or as a nonprofit corporation under chapter 504. 9 Sec. 6. Section 161C.2, subsection 1, paragraph a, Code 10 2021, is amended to read as follows: 11 a. Each A soil and water conservation district, alone 12 and whenever practical in conjunction with other districts, 13 public purpose entities, or financing entities shall carry 14 out individual, district-wide , and multiple-district projects 15 to support water protection practices in the district or 16 districts , including but not limited to authorized projects 17 to protect this state’s groundwater and surface water from 18 point and nonpoint sources of contamination, including but 19 not limited to contamination by agricultural drainage wells, 20 sinkholes, sedimentation, or chemical pollutants . The projects 21 and operations include but are not limited to practices or 22 other efforts to reduce or eliminate pollution caused by access 23 to agricultural drainage wells or sinkholes, sedimentation, 24 or chemical pollutants, as described in the Iowa nutrient 25 reduction strategy. 26 Sec. 7. Section 161C.3, Code 2021, is amended to read as 27 follows: 28 161C.3 Cooperation with other agencies public purpose 29 entities and financing entities . 30 Soil A soil and water conservation districts district may 31 enter into agreements an agreement with the United States 32 federal government , as provided by state law, or with the 33 state of Iowa or any agency of the state, any other soil and 34 water conservation district, or other political subdivision 35 -3- LSB 2559YH (3) 89 da/ns 3/ 9

H.F. 646 of this state a public purpose entity, or a financing entity , 1 for cooperation in preventing, controlling, or attempting to 2 prevent or control contamination the pollution of groundwater 3 or surface water or groundwater by point and nonpoint sources 4 of pollution . Soil and water conservation districts may 5 accept, as provided by state law, any money disbursed for water 6 quality preservation purposes by the federal government or any 7 agency of the federal government, and expend the money for the 8 purposes for which it was received. 9 Sec. 8. Section 161E.1, Code 2021, is amended to read as 10 follows: 11 161E.1 Authority of board. 12 1. a. If a county, soil and water conservation district, 13 a subdistrict of a soil and water conservation district, 14 political subdivision of the state, or other local agency a 15 public purpose entity, or a financing entity engages or in, 16 participates in a project for flood or erosion control, flood 17 prevention , or carries out an authorized project, including 18 but not limited to a water quality project or operation , or 19 engages in, participates in, or carries out a project for 20 the conservation, development, utilization, and disposal 21 of water, in cooperation with the federal government, or a 22 department or agency of the federal government, the counties 23 in which the project is carried on out may , act through the 24 board of supervisors, construct, or under a chapter 28E or 28F 25 agreement, to do any of the following: 26 (1) Construct, operate, and maintain the project on lands 27 under the control or jurisdiction of the county dedicated to 28 county use , or furnish . 29 (2) Furnish financial and other assistance in connection 30 with the projects. Flood, soil erosion control, and watershed 31 improvement 32 b. Authorized projects , including but not limited to water 33 quality projects and operations, are presumed to be for the 34 protection of the tax base of the county, for the protection of 35 -4- LSB 2559YH (3) 89 da/ns 4/ 9

H.F. 646 public roads and lands, and for the protection of the public 1 health, sanitation, safety, and general welfare. 2 Sec. 9. NEW SECTION . 161E.1A Definitions. 3 As used in this chapter, unless the context otherwise 4 requires: 5 1. “Authorized project” means a project that is carried out 6 to support any of the following: 7 a. Soil erosion control project. 8 b. Watershed protection or improvement project. 9 c. Water resource restoration project. 10 d. Flood prevention or control. 11 e. Water quality protection practices. 12 f. Water quality projects and operations, including those 13 projects described in the Iowa nutrient reduction strategy. 14 2. “Financing entity” means the same as defined in section 15 161C.1. 16 3. “Iowa nutrient reduction strategy” means the same as 17 defined in section 455B.171. 18 4. “Public purpose entity” means the same as defined in 19 section 161C.1. 20 Sec. 10. Section 161E.2, Code 2021, is amended to read as 21 follows: 22 161E.2 Federal aid assistance . 23 A county may, in accordance with this chapter , accept 24 federal funds for aid moneys to assist in a supporting an 25 authorized project for flood or soil erosion control, flood 26 prevention , or the conservation, development, utilization, 27 and disposal of water , and . A county may cooperate with the 28 federal government or a department or agency of the federal 29 government, a soil and water conservation district, subdistrict 30 of a soil and water conservation district, political 31 subdivision of the state, or other local agency, and the or a 32 public purpose entity. The county may assume a proportion of 33 the cost of the authorized project as deemed appropriate, and 34 may assume the maintenance cost of the project on lands under 35 -5- LSB 2559YH (3) 89 da/ns 5/ 9

H.F. 646 the control or jurisdiction of the county which will not be 1 discharged by federal aid assistance or grant. 2 Sec. 11. Section 161E.3, Code 2021, is amended to read as 3 follows: 4 161E.3 Cooperation. 5 The counties, soil and water conservation districts, 6 and subdistricts of soil and water conservation districts , 7 and public purpose entities concerned, shall advise and 8 consult with each other, upon the request of any of them or 9 any affected landowners, and may cooperate with each other 10 or with other state subdivisions or instrumentalities, and 11 affected landowners, as well as with the federal government or 12 a department or agency of the federal government, or with a 13 financing entity, to construct, operate, and maintain suitable 14 authorized projects for flood or soil erosion control, flood 15 prevention , including but not limited to water quality projects 16 and operations , or the conservation, development, utilization, 17 and disposal of water on public roads or other public lands or 18 other land granted county use. 19 Sec. 12. Section 161E.5, Code 2021, is amended to read as 20 follows: 21 161E.5 Maintenance cost. 22 If construction of projects has been completed by the soil 23 and water conservation district, subdistricts a subdistrict of 24 the soil and water conservation districts district , political 25 subdivisions of the state, or other local agencies a public 26 purpose entity , or the federal government, or a department or 27 agency of the federal government, on private lands under the 28 easement granted to the county, only the cost of maintenance 29 may be assumed by the county. 30 Sec. 13. Section 161E.9, Code 2021, is amended to read as 31 follows: 32 161E.9 Tax levy. 33 The county board of supervisors may annually levy a tax not 34 to exceed six and three-fourths cents per thousand dollars of 35 -6- LSB 2559YH (3) 89 da/ns 6/ 9

H.F. 646 assessed value of all agricultural lands in the county, to 1 be used for flood and erosion control, including authorized 2 projects, including but not limited to furnishing financial 3 assistance in connection with water quality projects and 4 operations, and for the acquisition of land or interests in 5 land, and repair, alteration, maintenance, and operation of 6 works of improvement on lands under the control or jurisdiction 7 of the county as provided in this chapter . 8 Sec. 14. Section 161F.2, Code 2021, is amended to read as 9 follows: 10 161F.2 Board of supervisors to establish districts —— strip 11 coal mining. 12 1. The board of supervisors of any a county shall have 13 jurisdiction, power and authority at any regular, special or 14 adjourned session to establish, subject to the provisions 15 of this chapter , districts having for their purpose soil 16 conservation , and the control of flood waters , or the 17 improvement of water quality, and to cause to be constructed 18 as hereinafter provided, such improvements and facilities as 19 shall be deemed essential for the accomplishment of the purpose 20 of soil conservation , and flood control , or the improvement of 21 water quality . 22 2. Such The board of supervisors of a county shall also 23 have jurisdiction, power and authority at any regular, special 24 or adjourned session to establish, in the same manner that 25 the districts hereinabove referred to described in subsection 26 1 are established, districts having for their purpose soil 27 conservation in mining areas within the county, and provide 28 that anyone engaged in removing the surface soil over any 29 bed or strata of coal in such district for the purpose of 30 obtaining such coal shall replace the surface soil as nearly 31 as practicable to its original position, and provide that, 32 upon abandonment of such removal operation, all surface soil 33 shall be so replaced. This section subsection shall apply only 34 to surface soil so removed after July 4, 1949, and then only 35 -7- LSB 2559YH (3) 89 da/ns 7/ 9

H.F. 646 if it is essential for the accomplishment of the purpose of 1 soil conservation and flood control within the purview of this 2 chapter . 3 Sec. 15. Section 161F.3, Code 2021, is amended to read as 4 follows: 5 161F.3 Combination of functions. 6 Such districts shall have the power to combine in their 7 functions activities affecting soil conservation, flood 8 control , and drainage, water quality improvement, or any of 9 these objects, singly or in combination with another. 10 Sec. 16. CODE EDITOR DIRECTIVE. 11 1. The Code editor is directed to make the following 12 transfers: 13 a. Section 161E.1A, as enacted in this Act, to section 14 161E.1. 15 b. Section 161E.1, as amended by this Act, to section 16 161E.1A. 17 2. The Code editor shall correct internal references in the 18 Code and in any enacted legislation as necessary due to the 19 enactment of this section. 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 amends various provisions relating to the 24 management of soil and water resources including Code chapter 25 161A, the “Soil Conservation Districts Law” (Code section 26 161A.1) which regulates soil erosion and authorizes the payment 27 of cost-share incentives for soil and water conservation 28 practices administered by the department of agriculture and 29 land stewardship (department) and soil and water conservation 30 districts (districts) throughout the state; Code chapter 31 161C authorizing districts and other political subdivisions 32 to work in conjunction in carrying out districtwide and 33 multiple district water protection projects; Code chapter 161E, 34 authorizing counties and districts, political subdivisions, 35 -8- LSB 2559YH (3) 89 da/ns 8/ 9

H.F. 646 and other local agencies (qualified government entities) to 1 provide for flood control or soil erosion control, including 2 by levying a tax of 6.75 cents per $1,000 of assessed value on 3 agricultural land in the county; and Code chapter 161F which 4 authorizes the board of supervisors of a county to establish 5 soil conservation and flood control districts. 6 The bill provides that along with traditional duties and 7 powers exercised by these bodies relating to soil erosion and 8 flood protection, they are also to carry out water quality 9 protection projects and operations which include efforts to 10 maintain, protect, and improve the quality of surface water 11 and groundwater from point and nonpoint sources in a manner 12 consistent with the Iowa nutrient reduction strategy. The 13 bill authorizes cooperation between districts, subdistricts, 14 political subdivisions including through the use of Code 15 chapter 28E and Code chapter 28F agreements, rural water 16 districts, and rural water associations. The bill authorizes 17 joint financing agreements and the involvement of financing 18 entities which include public or private agencies providing 19 funding through loans, grants, or other financial instruments. 20 -9- LSB 2559YH (3) 89 da/ns 9/ 9