HF 2614 (LSB 6306HV (3) 90)

HOUSE FILE 2614

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 674)

A BILL FOR

An Act relating to the conservation and improvement of soil and water resources, including by providing for the administration of associated programs and regulations, making appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SOIL CONSERVATION DISTRICTS LAW

    Section 1.  Section 161A.2, Code 2024, is amended to read as follows:
   161A.2  Declaration of policy.
   It is hereby declared to be the policy of the legislature state to integrate the conservation of soil and water resources into the production of agricultural commodities to insure ensure the long-term protection of the soil and water resources of the state of Iowa, and to encourage the development of farm management and agricultural practices that are consistent with the capability of the land to sustain agriculture, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist and maintain the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and promote the health, safety, and public welfare of the people of this state.
    Sec. 2.  Section 161A.3, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  12A.  “Soil health” means the continuing capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans.
    Sec. 3.  Section 161A.4, subsection 2, paragraph g, Code 2024, is amended to read as follows:
   g.  To assist each soil and water conservation district in developing a district soil and water resource conservation plan as provided under section 161A.7. The plan shall be developed according to rules adopted by the division to preserve and protect the public interest in the soil and water resources of this state for future generations and for this purpose to encourage, promote, facilitate, and where such public interest requires, to mandate the conservation and proper control of and use of the soil and water resources of this state, by measures including but not limited to the control of floods, the control of erosion by water or by wind, the improvement of soil health, and the preservation of the quality of water for its optimum use for agricultural, irrigation, recreational, industrial, and domestic purposes, all of which shall be presumed to be conducive to the public health, convenience, and welfare, both present and future.
    Sec. 4.  Section 161A.7, subsection 1, paragraphs f, h, m, and n, Code 2024, are amended to read as follows:
   f.  To make available on such terms as it shall prescribe, to landowners or occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, lime, and such other material or equipment as will assist such landowners or occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion; the improvement of soil health; and for the prevention of erosion, floodwater, and sediment damages.
   h.  To develop comprehensive plans for the conservation of soil resources and for; the improvement of soil health; the control and prevention of soil erosion; and for the prevention of erosion, floodwater, and sediment damages within the district, which. The comprehensive plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in the use of land; and to. The district shall publish such plans and information and bring them to the attention of owners and occupiers of lands within the district.
   m.  To encourage local school districts to provide instruction in the importance of and in some of the basic methods of soil conservation and soil health practices, as a part of course work relating to agriculture, the conservation of natural resources, and environmental awareness as required in rules adopted by the state board of education pursuant to section 256.11, subsections 3 and 4 through 5, and to offer technical assistance to schools in developing such instructional programs.
   n.  To develop a soil and water resource conservation district plan for the district.
   (1)  The district plan shall contain a comprehensive long-range assessment of soil and surface water resources in the district consistent with rules approved by the committee under section 161A.4.
   (2)  In developing the district plan, the district may receive technical support from the United States department of agriculture natural resources conservation service and the county board of supervisors in the county where the district is located. The division and the Iowa cooperative extension service in agriculture and home economics may provide technical support to the district. The support may include but is not limited to the following:
   (a)  Assessing the condition of soil and surface water in the district, including an evaluation of the type, amount, and quality of soil and water,; the threat of soil erosion and erosion, floodwater, and sediment damages;, and necessary preventative and control measures; and soil restoration efforts.
   (b)  Developing methods to maintain or improve soil health and water condition quality.
   (c)  Cooperating with other state and federal agencies to carry out this support.
   (2)  (3)  The title page of the district plan and a notification stating where the plan may be reviewed shall be recorded with the recorder in the county in which the district is located, and updated as necessary, after the committee approves and the director of the division signs the district plan. The commissioners shall provide notice of the recording and may provide a copy of the approved district plan to the county board of supervisors in the county where the district is located. The district plan shall be filed with the division as part of the state soil and water resource conservation plan provided in section 161A.4.
    Sec. 5.  Section 161A.42, subsections 4 and 9, Code 2024, are amended to read as follows:
   4.  “Erosion control practices” “Erosion control practice” means any of the following:
   a.  The construction or installation of, and or the maintenance of, of such structures a structure or devices device as are is necessary to carry to a suitable outlet from the site of any building housing four or more residential units, any commercial or industrial development, or any publicly or privately owned recreational or service facility of any kind, not served by a central storm sewer system, any water which that complies with all of the following:
   (1)  Would otherwise cause erosion in excess of the applicable soil loss limit; and.
   (2)  Does not carry nor constitute sewage, industrial waste, or other waste as defined by section 455B.171.
   b.  The employment of a temporary devices device or structures structure, temporary seeding, fibre mats, plastic, straw, or other measures measure adequate to prevent erosion in excess of the applicable soil loss limits from the site of, or land directly affected by, the construction of any public or private street, road, or highway, any residential, commercial, or industrial building or development, or any publicly or privately owned recreational or service facility of any kind, at all times prior to completion of such construction.
   c.  The establishment and maintenance of vegetation upon the right-of-way of any completed portion of any public street, road, or highway, or the construction or installation thereon of structures or devices, or other measures adequate to prevent erosion from the right-of-way in excess of the applicable soil loss limits.
   9.  a.  “Soil and water conservation practices” “Soil and water conservation practice” means any of the practices practice designated in or pursuant to this subsection which serve serves to prevent erosion of soil by wind or water, in excess of the applicable soil loss limits, from land used for agricultural or horticultural purposes only.
   b.  “Soil and water conservation practice” includes any of the following:
   a.  (1)  “Permanent soil and water conservation practices”

“Permanent soil and water conservation practice” which means the planting of perennial grasses, legumes, shrubs, or trees, the establishment of grassed waterways, and the construction of terraces, or other permanent soil and water practices approved by the committee.
   b.  (2)  “Temporary soil and water conservation practices”

“Temporary soil and water conservation practice” which means the planting of annual or biennial crops,; the use of strip-cropping, cover cropping, or contour planting, or; no-tillage, minimum tillage, or mulch tillage, and; the installation of an agriculture practice, silviculture practice, aquaculture practice, or permaculture practice; the use of extended crop rotation or rotational grazing; or the use of any other cultural practices practice approved by the committee.
    Sec. 6.  Section 161A.53, Code 2024, is amended to read as follows:
   161A.53  Cooperation with other agencies.
   1.  Soil A soil and water conservation districts district may enter into agreements an agreement with the federal government or an agency of the federal government, as provided by state law, or with the state of Iowa or an agency of the state, any other soil and water conservation district, or any other political subdivision of this state, for cooperation in preventing, doing any of the following:
   a.  Preventing, controlling, or attempting to prevent or control soil erosion. Soil
   b.  Improving or attempting to improve soil health, or performing a soil health assessment.
   2.  A soil and water conservation districts district may accept, as provided by state law, money disbursed for soil erosion control and soil health assessment purposes by the federal government or an agency of the federal government, and expend the money for the purposes for which it was received.
    Sec. 7.  Section 161A.71, subsection 1, Code 2024, is amended to read as follows:
   1.  a.  The division may establish a conservation practices revolving loan fund composed of any money appropriated by the general assembly for that purpose, and of any other moneys available to and obtained or accepted by the committee from the federal government or private sources for placement in that fund. Except as otherwise provided by subsection 3, the assets of the conservation practices revolving loan fund shall be used only to make loans directly to owners of land in this state for the purpose of establishing on that land any new permanent soil and water conservation practice which the commissioners of the soil and water conservation district in which the land is located have found is necessary or advisable to meet the soil loss limits established for that land.
   (1)  A loan made under this section shall not be made for establishing a permanent soil and water conservation practice on land that is subject to the restriction on state cost-sharing funds of section 161A.76. Revolving loan funds and public cost-sharing funds may be used in combination for funding a particular soil and water conservation practice.
   (2)  Each loan made under this section shall be for a period not to exceed ten years, shall bear no interest, and shall be repayable to the conservation practices revolving loan fund in equal yearly installments due March 1 of each year the loan is in effect. The interest rate upon loans for which payment is delinquent shall accelerate immediately to the current legal usury limit. Applicants are
   (3)  An applicant is eligible for no not more than twenty thousand dollars in loans outstanding at any time under this program. “Permanent soil and water conservation practices”
   b.  As used in this section, “permanent soil and water conservation practice” has the same meaning as defined in section 161A.42 and those established under this program are subject to the requirements of section 161A.7, subsection 3.
   c.  Loans made under this program shall come due for payment upon sale of the land on which those practices are established.
    Sec. 8.  Section 161A.73, subsection 1, paragraph b, Code 2024, is amended to read as follows:
   b.  The allocation of moneys as financial incentives provided for the purpose of establishing management practices to control soil erosion on land that is row cropped and promote soil health, including but not limited to cover crops, no-till planting, ridge-till planting, contouring, and contour strip-cropping. The division shall by rule establish limits on the amount of incentives which shall be authorized for payment to landowners upon establishment of the practice.
    Sec. 9.  Section 161A.80A, subsection 3, Code 2024, is amended to read as follows:
   3.  This section is repealed on July October 1, 2030 2024.
    Sec. 10.  Section 161A.80B, subsection 1, Code 2024, is amended to read as follows:
   1.  The principal and interest from any loan made pursuant to section 161A.80A, as enacted in 2015 Iowa Acts, ch 132, §45 Code 2024, remaining that are outstanding on July 1, 2025 or after the effective date of this section of this Act, and that prior to October 1, 2024, would have been payable to the blufflands protection revolving fund created in section 161A.80A, shall instead be paid to the division on or after July 1, 2025, pursuant to the terms of the loan agreement deposited by the department of natural resources in the state parks and recreation areas operations fund created in section 455A.10A. The moneys paid to the division shall be credited to the rebuild Iowa infrastructure fund created in section 8.57.
    Sec. 11.  Section 161D.7, Code 2024, is amended to read as follows:
   161D.7  Program coordination.
   1.  The department of natural resources shall coordinate the blufflands protection program with the program and projects of the loess hills alliance.
   2.  This section is repealed on October 1, 2024.
    Sec. 12.  NEW SECTION.  455A.10A  State parks and recreation areas operations fund. 
   1.  A state parks and recreation areas operations fund is created in the state treasury under the management and control of the department.
   2.  The state parks and recreation areas operations fund shall include all of the following:
   a.  (1)  Principal and interest paid from any loan made pursuant to section 161A.80A, Code 2024, instead of being paid to the blufflands protection revolving fund as described in section 161A.80B.
   (2)  This paragraph is repealed on July 1, 2030.
   b.  Other moneys available to and obtained or accepted by the department from public or private sources.
   3.  Moneys in the state parks and recreation areas operations fund are appropriated to and shall be used exclusively by the department to pay for maintaining and improving state parks and recreation areas, including by supporting infrastructure and the professional needs of park rangers and conservation officers. 
   4.  a.  Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
   b.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the end of a fiscal year shall not revert.
    Sec. 13.  BLUFFLANDS PROTECTION REVOLVING FUND —— TRANSFER TO STATE PARKS AND RECREATION AREAS OPERATIONS FUND.  The balance in the blufflands protection revolving fund created in section 161A.80A shall be transferred to the state parks and recreation areas operations fund created in this Act not later than September 30, 2024.
    Sec. 14.  STATE PARKS AND RECREATION AREAS OPERATIONS FUND —— APPROPRIATION.  There is appropriated from the state parks and recreation areas operations fund created in section 455A.10A to the department of natural resources for the fiscal year beginning July 1, 2024, and ending June 30, 2025, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For purposes of equipping park rangers with interoperative park officer radios:
   ...................................................................... $    456,000

   2.  For purposes of improving accessibility to state parks and recreational areas by persons with disabilities, any unencumbered or unobligated moneys remaining in the fund.
    Sec. 15.  SUSPENSION OF BLUFFLANDS PROTECTION PROGRAM AND LIMITATION OF MONEYS EXPENDED FROM BLUFFLANDS PROTECTION REVOLVING FUND.
   1.  The blufflands protection program created in section 161A.80A is suspended and moneys shall not be expended from the blufflands protection revolving fund other than to wind down existing obligations until its termination date. 
   2.  This section is repealed on October 1, 2024.
    Sec. 16.  EFFECTIVE DATES.
   1.  Except as provided in subsection 2, this division of this Act takes effect July 1, 2024.
   2.  The section of this division of this Act suspending the blufflands protection program, and limiting the expenditure of moneys from the blufflands protection revolving fund, being deemed of immediate importance, takes effect upon enactment.
DIVISION II
GROUNDWATER PROTECTION ACT

    Sec. 17.  Section 455E.11, subsection 1, paragraph c, Code 2024, is amended by striking the paragraph.
DIVISION III
INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA)

    Sec. 18.  Section 466.4, subsection 2, paragraphs d and e, Code 2024, are amended by striking the paragraphs.
    Sec. 19.  NEW SECTION.  466.4A  Prairie seed harvest program.
   The department of natural resources shall establish a prairie seed harvest program to assist in the restoration of prairies and provide for private land stewardship and public resource management through assistance with the implementation of buffer and filter strip practices, and public or private habitat development and management. The department shall carry out these efforts through landowner contacts and cooperation with private and public organizations.
    Sec. 20.  Section 466.5, subsection 5, Code 2024, is amended by striking the subsection.
    Sec. 21.  Section 466.7, Code 2024, is amended to read as follows:
   466.7  Water quality protection program.
   1.  The department of agriculture and land stewardship shall implement, in conjunction with the federal government and other entities, a program that provides multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation.
   2.  The department of agriculture and land stewardship shall implement a statewide, voluntary farm management demonstration program to demonstrate the effectiveness and adaptability of emerging practices in agronomy that protect water resources and provide other environmental benefits. A demonstration program under this subsection may complement, but shall not duplicate, projects conducted by Iowa state university extension service. The demonstration program shall be designed to concentrate on management techniques in both the livestock and crop genres and shall be offered to farm operators through an educational setting and demonstration projects. The demonstration program shall be offered in conjunction with the community colleges, Iowa state university, and private farmer demonstrations. Continuing education units shall be offered. The educational program shall be offered at no cost to farm operators who file a schedule F with the internal revenue service and do not have permitted livestock facilities or are certified under a manure management plan.
   3.  The department of agriculture and land stewardship shall provide financial assistance for the establishment of permanent soil and water conservation practices.
   4.  The department of natural resources shall provide local watershed managers with geographic information system data for their use in developing, monitoring, and displaying results of their watershed work. The local watershed data shall be considered public records and are accessible to the public pursuant to chapter 22.
   5.  The department of natural resources shall develop a program that provides support to local volunteer management efforts to the different programs concerned with water quality. The department shall assist in coordinating and tracking of the volunteer component of these programs to increase efficiency and avoid duplication of efforts in water quality monitoring and watershed improvement.
   6.  The department of natural resources shall provide for activities supporting the analysis of water quality monitoring data for trends and for the preparation and presentation of data to the public.
   7.  The department of natural resources shall contract to assist its staff with the review of national pollutant discharge elimination system permits.
   8.  The department of natural resources shall expand floodplain protection education to better inform local officials that make decisions with regard to floodplain management.
   9.  The department of natural resources shall continue the establishment of an effective and efficient method of developing a total maximum daily load program, based on information gathered on other states’ programs and investigation into alternative methods for satisfying the requirements.
    Sec. 22.  NEW SECTION.  466.7A  Water quality analysis.
   1.  The department of natural resources shall provide local watershed managers with geographic information system data for their use in developing, monitoring, and displaying results of their watershed work. The local watershed data shall be considered public records and are accessible to the public pursuant to chapter 22.
   2.  The department of natural resources shall support local volunteer management efforts to the different programs concerned with water quality. The department shall assist in coordinating and tracking of the volunteer component of these programs to increase efficiency and avoid duplication of efforts in water quality monitoring and watershed improvement.
   3.  The department of natural resources shall provide for activities supporting the analysis of water quality monitoring data for trends and for the preparation and presentation of data to the public.
   4.  The department of natural resources shall continue the establishment of an effective and efficient method of developing a total maximum daily load program, based on information gathered on other states’ programs and investigation into alternative methods for satisfying the requirements.
    Sec. 23.  Section 466.9, subsection 1, Code 2024, is amended to read as follows:
   1.  An on-site wastewater systems assistance fund is established as a separate fund in the state treasury under the control of the department of natural resources. Moneys in the fund are appropriated to the department of natural resources for the exclusive purpose of supporting and administering the on-site wastewater systems assistance program as established in section 466.8 467.414.
    Sec. 24.  REPEAL.  Sections 466.1, 466.2, and 466.3, Code 2024, are repealed.
DIVISION IV
SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT

PART A
GENERAL
    Sec. 25.  Section 466B.2, Code 2024, is amended to read as follows:
   466B.2  Definitions —— chapter.
   For the purposes of this chapter, unless the context otherwise requires:
   1.  “Council” means the water resources coordinating council created in section 466B.3.
   2.  1.  “Iowa nutrient reduction strategy” means the same as defined in section 455B.171.
   3.  “Political subdivision” means any of the following: 
   a.  A city. 
   b.  A county. 
   c.  A soil and water conservation district described in section 161A.5.
   d.  A benefited recreational lake district or a water quality district or a combined district incorporated as a public entity and organized pursuant to chapter 357E.
   e.  A rural improvement zone established pursuant to chapter 357H.
   4.  2.  “Regional watershed” means a watershed of hydrologic unit code scale 8.
   5.  3.  “Subwatershed” means a watershed of hydrologic unit code scale 12 or smaller.
   6.  4.  “Watershed” means a geographic area in which surface water is drained by rivers, streams, or other bodies of water.

PART B
WATER RESOURCE COORDINATING COUNCIL
    Sec. 26.  NEW SECTION.  466B.2A  Definitions —— subchapter.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Council” means the water resources coordinating council established in section 467.202.
   2.  “Secretary” means the secretary of agriculture.
    Sec. 27.  Section 466B.3, subsection 2, Code 2024, is amended to read as follows:
   2.  Purpose.  The purpose of the council shall be to preserve and protect Iowa’s water resources, and to coordinate the management of those resources in a sustainable and fiscally responsible manner. In the pursuit of this purpose, the council shall use an integrated approach to water resource management, recognizing that insufficiencies exist in current approaches and practices, as well as in funding sources and the utilization of funds. The integrated approach used by the council shall attempt to overcome old categories, labels, and obstacles with the primary goal of managing the state’s water resources comprehensively rather than compartmentally.
    Sec. 28.  Section 466B.3, subsections 4, 5, and 6, Code 2024, are amended by striking the subsections.
    Sec. 29.  NEW SECTION.  466B.3A  Membership, meetings, and quorum.
   1.  The water resources coordinating council shall consist of all of the following members:
   a.  The secretary of agriculture, who shall be the chairperson, or the secretary’s designee.
   b.  The director of the department of natural resources or the director’s designee.
   c.  The director of the division of soil conservation and water quality within the department of agriculture and land stewardship or the director’s designee.
   d.  The director of the department of health and human services or the director’s designee.
   e.  The director of the department of homeland security and emergency management or the director’s designee.
   f.  The dean of the college of agriculture and life sciences at Iowa state university or the dean’s designee.
   g.  The dean of the college of public health at the university of Iowa or the dean’s designee.
   h.  The dean of the college of natural sciences at the university of northern Iowa or the dean’s designee.
   i.  The director of transportation or the director’s designee.
   j.  The director of the economic development authority or the director’s designee.
   k.  The dean of the college of engineering at the university of Iowa or the dean’s designee.
   2.  As the chairperson, and in order to further the coordination efforts of the council, the secretary may invite representatives from any other public agency, private organization, business, citizen group, or nonprofit entity to give public input at council meetings, provided the entity has an interest in the coordinated management of land resources, soil conservation, flood mitigation, or water quality. The secretary shall also invite and solicit advice from the following:
   a.  The director of the Iowa water science center of the United States geological survey or the director’s designee.
   b.  The state conservationist from the Iowa office of the United States department of agriculture’s natural resources conservation service or the state conservationist’s designee.
   c.  The state director for Iowa from the United States department of agriculture’s farm services agency or the state director’s designee.
   d.  The state director for Iowa from the United States department of agriculture’s office of rural development or the state director’s designee.
   e.  The director of region seven of the United States environmental protection agency or the director’s designee.
   f.  The corps commander from the United States army corps of engineers’ Rock Island district or the commander’s designee.
   3.  a.  The council shall be convened by the secretary at least quarterly.
   b.  A majority of the members fixed by statute shall constitute a quorum, and any action taken by the council must be adopted by a majority of the voting membership.
    Sec. 30.  NEW SECTION.  466B.3B  Duties and powers.
   1.  The water resources coordinating council shall engage in the regular coordination of water resource-related functions, including protection strategies, planning, assessment, prioritization, review, concurrence, advocacy, and education.
   2.  In coordinating water resource-related functions, the water resources coordinating council may do all of the following:
   a.  Consider the steps necessary to address the planning, management, and implementation of water resource improvement.
   b.  Identify ways to facilitate communication and participation among all water resource stakeholders, including owners of land in Iowa whether they are residents or not.
   c.  Identify inefficiencies in current programs and recommend ways to eliminate duplicative services.
   d.  Improve the availability and management of water resource information.
   e.  Regularly assess and identify measurable improvements in water quality.
   f.  Develop a protocol which identifies high-priority watersheds, including local and community-based subwatersheds, and which appropriately directs resources to those watersheds.
   g.  Review best available technologies on a regular basis, so that investments of time and program resources can be prioritized and directed to projects that will best and most effectively improve water quality and reduce flood damage within regional and community subwatersheds.
   h.  Review voluntary, performance-based standards for water resource management, land management, and soil conservation.
   i.  Engage in dialogue with, and pursue efforts to make cooperative agreements with, other states when a watershed extends beyond borders of this state.
    Sec. 31.  Section 466B.9, Code 2024, is amended to read as follows:
   466B.9  Rulemaking authority.
   The department of natural resources and the department of agriculture and land stewardship and the department of natural resources shall have the power and authority reasonably necessary to carry out the duties imposed by this chapter, including the adoption of rules pursuant to chapter 17A. As to the department of natural resources, this includes rulemaking authority to carry out the regional watershed assessment program described in section 466B.5. As to the department of agriculture and land stewardship, this includes rulemaking authority to assist in the implementation of community-based subwatershed improvement plans.
    Sec. 32.  REPEAL.  Sections 466B.4, 466B.5, 466B.6, 466B.7, 466B.8, 466B.10, and 466B.11, Code 2024, are repealed.

PART C
WATERSHED PARTNERSHIPS
    Sec. 33.  Section 466B.21, Code 2024, is amended to read as follows:
   466B.21  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Authority” means a watershed management authority created pursuant to a chapter 28E agreement as provided in this subchapter.
   2.  1.  “Board” means a board of directors of a watershed management authority the governing body of the watershed partnership as provided in section 467.504.
   2.  “Partnership” means a watershed partnership created pursuant to section 467.502.
   3.  “Political subdivision” means any of the following:
   a.  A city.
   b.  A county.
   c.  A soil and water conservation district described in section 161A.5.
   d.  A benefited recreational lake district or a water quality district or a combined district incorporated as a public entity and organized pursuant to chapter 357E.
   e.  A rural improvement zone established pursuant to chapter 357H.
    Sec. 34.  Section 466B.22, Code 2024, is amended to read as follows:
   466B.22  Watershed management authorities created partnerships —— establishment.
   1.  Two or more political subdivisions may create establish, by chapter 28E agreement, a watershed management authority partnership pursuant to this subchapter. The participating political subdivisions must be located in the same United States geological survey hydrologic unit code 8 watershed. All political subdivisions within a watershed must be notified within thirty days prior to organization of any watershed management authority partnership within the watershed, and provided the opportunity to participate.
   2.  The chapter 28E agreement shall include a map showing the area and boundaries of the authority watershed partnership’s jurisdiction.
   3.  A political subdivision may participate in more than one authority watershed partnership created pursuant to this subchapter.
   4.  A political subdivision is not required to participate in a watershed management authority partnership or be a party to a chapter 28E agreement under this subchapter.
   5.  If a portion of a United States geological survey hydrologic unit code 8 watershed is located outside of this state, any political subdivision in such a watershed may participate in any watershed management authority partnership which includes the county in which the political subdivision is located.
   6.  A watershed partnership is not a partnership governed under chapter 486A or 488.
    Sec. 35.  Section 466B.23, Code 2024, is amended to read as follows:
   466B.23  Duties Watershed partnership —— duties.
   1.  A watershed management authority partnership may perform all of the following duties:
   1.  a.  Assess the flood risks in the watershed Identify, plan for, and assess options for reducing the risk of floods in the watershed.
   2.  b.  Assess the water quality in the watershed.
   3.  c.  Assess options for reducing flood risk and improving water quality in the watershed.
   4.  d.  Monitor federal flood risk planning and activities.
   5.  e.  Educate residents of the watershed area regarding water quality and flood risks.
   f.  Support and implement water quality projects in the watershed that are consistent with the Iowa nutrient reduction strategy.
   g.  Engage in efforts to maximize efficiency and increase capacity for implementation of water quality practices that are consistent with the Iowa nutrient reduction strategy.
   6.  h.  Allocate moneys made available to the authority watershed partnership for purposes of water quality and flood mitigation and water quality.
   i.  Coordinate its undertakings with the department of agriculture and land stewardship, the department of natural resources, councils of governments, public drinking water utilities, and soil and water conservation districts.
   7.  j.  Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority watershed partnership.
   2.  A watershed partnership shall not allocate moneys for water quality nutrient reduction practices unless the moneys are expended in a manner that is consistent with the Iowa nutrient reduction strategy or the Iowa storm water management manual published by the department of natural resources.
   3.  A watershed management authority partnership shall not acquire property by eminent domain.
    Sec. 36.  Section 466B.24, Code 2024, is amended to read as follows:
   466B.24  Board of directors Watershed partnership —— governing body.
   1.  An authority A watershed partnership shall be governed administered by a board of directors joint board as provided in section 28E.6. Members of a board of directors of an authority shall be divided among the political subdivisions comprising the authority watershed partnership and shall be appointed by the their respective political subdivision’s elected legislative body bodies.
   2.  A board of directors shall consist of one representative of each participating political subdivision. This subsection shall not apply if a chapter 28E agreement under this subchapter provides an alternative board composition method.
   3.  The directors shall serve staggered terms of four years. The initial board shall determine, by lot, the initial terms to be shortened and lengthened, as necessary, to achieve staggered terms. A person appointed to fill a vacancy shall be appointed in the same manner as the original appointment for the duration of the unexpired term. A director is eligible for reappointment. This subsection shall not apply if a chapter 28E agreement under this subchapter provides an alternative for the length of term, appointment, and reappointment of directors.
   4.  A board may provide procedures for the removal of a director who fails to attend three consecutive regular meetings of the board. If a director is so removed, a successor shall be appointed for the duration of the unexpired term of the removed director in the same manner as the original appointment. The appointing body may at any time remove a director appointed by it for misfeasance, nonfeasance, or malfeasance in office.
   5.  A board shall adopt bylaws and shall elect one director as chairperson and one director as vice chairperson, each for a term of two years, and shall appoint a secretary who need not be a director.
   6.  A majority of the membership of a board of directors shall constitute a quorum for the purpose of holding a meeting of the board. The affirmative vote of a majority of a quorum shall be necessary for any action taken by an authority unless the authority’s bylaws specify those particular actions of the authority requiring a greater number of affirmative votes. A vacancy in the membership of the board shall not impair the rights of a quorum to exercise all the rights and perform all the duties of the authority.
    Sec. 37.  REPEAL.  Section 466B.25, Code 2024, is repealed.
    Sec. 38.  TRANSITIONAL PROVISIONS —— APPOINTMENT AND TERMS OF BOARD OF DIRECTORS AND PRIOR ACTIONS BY THE BOARD.
   1.  This division of this Act, and the transfers directed by this Act, shall not affect the appointment or any term of office of an individual who served as a director of a watershed management authority immediately prior to the effective date of this Act and who now serves as a member of a joint board for a watershed partnership. That individual shall continue to serve on the joint board of the watershed partnership until the individual’s term would otherwise expire or the individual is otherwise replaced.
   2.  A watershed partnership which existed as a watershed management authority shall change its name as it appears on all formal documents which are in force and effect as soon as practicable in a cost-effective manner.
   3.  Any affirmative action adopted by a political subdivision creating a watershed management authority under section 466B.22, Code 2024, or the board of directors of a watershed management authority operating under section 466B.24, Code 2024, that is in force and effect immediately prior to the effective date of this Act, shall continue in full force and effect until the earlier of the following:
   a.  It is amended, rescinded, or supplemented by the affirmative action of the watershed partnership.
   b.  It expires by its own terms.

PART D
WATERSHED PLANNING ADVISORY COUNCIL
    Sec. 39.  REPEAL.  Section 466B.31, Code 2024, is repealed.

PART E
WATER QUALITY INITIATIVE —— NUTRIENTS
    Sec. 40.  Section 466B.41, Code 2024, is amended to read as follows:
   466B.41  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Center” means the Iowa nutrient research center established pursuant to section 466B.47 467.321.
   2.  “Council” means the Iowa nutrient research center advisory council established pursuant to section 466B.48 467.322.
   3.  “Division” means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159.5.
   4.  “Fund” means the water quality initiative fund created in section 466B.45.
   5.  4.  “Nutrient” includes nitrogen and phosphorus.
    Sec. 41.  Section 466B.43, subsection 1, Code 2024, is amended to read as follows:
   1.  As part of the water quality initiative established pursuant to section 466B.42 467.311, the division shall administer water quality agriculture infrastructure programs created in this section.
    Sec. 42.  Section 466B.44, subsection 1, Code 2024, is amended to read as follows:
   1.  As part of the water quality initiative established pursuant to section 466B.42 467.311, the division shall administer a water quality urban infrastructure program.
    Sec. 43.  Section 466B.44, subsection 5, paragraph b, Code 2024, is amended to read as follows:
   b.  Support water quality agriculture infrastructure programs created in section 466B.43 467.313, to the extent that moneys are not obligated or encumbered during a fiscal year to adequately support all urban infrastructure program projects that meet the division’s requirements.
    Sec. 44.  Section 466B.46, subsection 3, Code 2024, is amended to read as follows:
   3.  Moneys in the fund are appropriated to the center and shall be used exclusively by the center to carry out its purpose as described in section 466B.47 467.321.
    Sec. 45.  Section 466B.48, subsection 4, Code 2024, is amended to read as follows:
   4.  The council shall function on a continuing basis for the study and recommendation of solutions for consideration by the Iowa nutrient research center in carrying out its purpose as provided in section 466B.47 467.321.
DIVISION V
COORDINATING AMENDMENTS

    Sec. 46.  Section 8.57B, subsection 3, Code 2024, is amended to read as follows:
   3.  Moneys in the fund are appropriated to the division of soil conservation and water quality of the department of agriculture and land stewardship for the exclusive purpose of supporting water quality agriculture infrastructure programs created in section 466B.43 467.313.
    Sec. 47.  Section 16.134A, subsection 3, paragraph c, Code 2024, is amended to read as follows:
   c.  Fifteen percent to the division of soil conservation and water quality of the department of agriculture and land stewardship to support the water quality urban infrastructure program created in section 466B.44 467.314.
    Sec. 48.  Section 455B.109, subsection 5, paragraph b, Code 2024, is amended to read as follows:
   b.  Civil penalties assessed and collected by or on behalf of the department and interest on the civil penalties as provided in sections 459.602, 459.603, 459.604, 459A.502, and 459B.402 shall be credited to the Iowa nutrient research fund created in section 466B.46 467.323.
    Sec. 49.  Section 455E.11, subsection 2, paragraph b, subparagraph (2), subparagraph division (a), Code 2024, is amended to read as follows:
   (a)  Thirty-five percent is appropriated annually to the Iowa nutrient research fund created in section 466B.46 467.323. Of the moneys appropriated pursuant to this subparagraph division, five hundred thousand dollars or one-third of the moneys appropriated, whichever is higher, shall be deposited in the water quality initiative fund created in section 466B.45 467.312 for purposes of supporting the water quality initiative administered by the division of soil conservation and water quality as provided in section 466B.42 467.311.
    Sec. 50.  Section 459.602, Code 2024, is amended to read as follows:
   459.602  Air quality violations —— civil penalty.
   A person who violates subchapter II shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46 467.323.
    Sec. 51.  Section 459.603, Code 2024, is amended to read as follows:
   459.603  Water quality violations —— civil penalty.
   A person who violates subchapter III shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109 or 455B.191. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46 467.323.
    Sec. 52.  Section 459.604, subsection 2, Code 2024, is amended to read as follows:
   2.  Moneys assessed and collected in civil penalties, and interest earned on civil penalties, arising out of a violation involving an animal feeding operation shall be credited to the Iowa nutrient research fund created in section 466B.46 467.323.
    Sec. 53.  Section 459A.502, Code 2024, is amended to read as follows:
   459A.502  Violations —— civil penalty.
   A person who violates this chapter shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.191. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46 467.323. A person shall not be subject to a penalty under this section and a penalty under section 459.603 for the same violation.
    Sec. 54.  Section 459B.402, Code 2024, is amended to read as follows:
   459B.402  Violations —— civil penalty.
   A person who violates section 459B.301 shall be subject to the same penalty as provided in section 459.602, and a person who violates any other provision of this chapter shall be subject to the same penalty as provided in section 459.603. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46 467.323.
    Sec. 55.  Section 461.33, subsection 2, paragraph a, Code 2024, is amended to read as follows:
   a.  Soil conservation and watershed protection, including by supporting the division of soil conservation and water quality within the department of agriculture and land stewardship and soil and water conservation district commissioners. The department may provide for the installation of conservation practices and watershed protection improvements as provided in chapters 161A, 161C, 461A, and 466 467.
    Sec. 56.  Section 461.34, subsection 2, Code 2024, is amended to read as follows:
   2.  The account shall be used cooperatively by the department of natural resources and the department of agriculture and land stewardship to support all of the following initiatives:
   a.  Water resource projects administered by the department of natural resources to preserve watersheds, including but not limited to all of the following:
   (1)  Projects projects to protect, restore, or enhance water quality in the state through the provision of financial assistance to communities for impairment-based, locally directed watershed projects. The department may use the account to support the water resource restoration sponsor program as provided in section 455B.199.
   (2)  Regional and community watershed assessment, planning, and prioritization efforts, including as provided in chapter 466B.
   b.  Surface water protection projects and practices administered by the department of agriculture and land stewardship or the department of natural resources, including but not limited to the installation of permanent vegetation cover, filter strips, grass waterways, and riparian forest buffers; dredging; and bank stabilization. The departments of agriculture and land stewardship and natural resources department may use the account to support the conservation buffer strip program provided in section 466.4 467.401 and the conservation reserve enhancement program as provided in section 466.5 467.402.
   c.  The prairie seed harvest program administered by the department of natural resources as provided in section 467.405.
DIVISION VI
CODE ORGANIZATION

    Sec. 57.  DIRECTIONS TO CODE EDITOR —— TRANSFERS.  The Code editor is directed to place chapter 467 in Title XI, subtitle 2, and organize chapter 467 in subchapters, parts, and sections, including as amended or enacted by this Act, as follows:
   1.  Subchapter I which shall include the following transferred sections:
   a.  Section 466B.1 to section 467.101.
   b.  Section 466B.2 to section 467.102.
   c.  Section 466B.9 to section 467.103.
   2.  Subchapter II, which shall include the following transferred sections:
   a.  Section 466B.2A to section 467.201.
   b.  Section 466B.3 to section 467.202.
   c.  Section 466B.3A to section 467.203.
   d.  Section 466B.3B to section 467.204.
   3.  Subchapter III, which shall include the following parts:
   a.  Part 1 which shall include the following transferred sections:
   (1)  Section 466B.41 to section 467.301.
   (2)  Section 466B.49 to section 467.302.
   b.  Part 2 which shall include the following transferred sections:
   (1)  Section 466B.42 to section 467.311.
   (2)  Section 466B.45 to section 467.312.
   (3)  Section 466B.43 to section 467.313.
   (4)  Section 466B.44 to section 467.314.
   c.  Part 3 which shall include the following transferred sections:
   (1)  Section 466B.47 to section 467.321.
   (2)  Section 466B.48 to section 467.322.
   (3)  Section 466B.46 to section 467.323.
   4.  Subchapter IV which shall include the following parts:
   a.  Part 1 which shall include the following transferred sections:
   (1)  Section 466.4 to section 467.401.
   (2)  Section 466.5 to section 467.402.
   (3)  Section 466.7 to section 467.403.
   b.  Part 2 which shall include the following transferred sections:
   (1)  Section 466.4A to section 467.405.
   (2)  Section 466.6 to section 467.411.
   (3)  Section 466.7A to section 467.412.
   (4)  Section 466.9 to section 467.413.
   (5)  Section 466.8 to section 467.414.
   5.  Subchapter V which shall include the following transferred sections:
   a.  Section 466B.21 to section 467.501.
   b.  Section 466B.22 to section 467.502.
   c.  Section 466B.23 to section 467.503.
   d.  Section 466B.24 to section 467.504.
    Sec. 58.  DIRECTIONS TO CODE EDITOR —— CORRECTIONS.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this division of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends four Code chapters providing for soil and water conservation, water quality, and flood control primarily administered by the department of agriculture and land stewardship (DALS), the department of natural resources (DNR), and Iowa state university of science and technology (ISU). The Code chapters include Iowa’s “Soil Conservation Districts Law” (Code chapter 161A), the “Groundwater Protection Act” (Code chapter 455E), the “Initiative on Improving Our Watershed Attributes (I on IOWA)” (Code chapter 466), and the “Surface Water Protection and Flood Mitigation Act” (Code chapter 466B) which includes a number of subchapters, including surface water protection and flood mitigation (subchapter I), watershed management authorities (subchapter II), watershed planning activities (subchapter III), and water quality initiative —— nutrients (subchapter IV). The bill then transfers Code sections in Code chapters 466 and 466B to new Code chapter 467, including subchapters.
   SOIL CONSERVATION DISTRICTS LAW —— BACKGROUND. Code chapter 161A is administered by the soil conservation and water quality division (division) of DALS in cooperation with the state soil conservation and water quality committee and the commissioners (commissioners) of Iowa’s 100 soil and water conservation districts (districts) (Code section 161A.5). The Code chapter authorizes the payment of cost-share incentive payments to landowners voluntarily installing practices to control erosion and conserve water resources, and preserve or improve water quality. The installation of a soil and water conservation practice is designed to prevent erosion by wind or water in excess of the district’s soil loss limit, meaning the maximum amount of soil loss measured in tons per acre per year due to erosion determined by the commissioners to be acceptable in their district (Code section 161A.42). A soil and water conservation practice may be permanent, meaning that it has an existence of multiple crop years, or temporary, meaning that it has an existence of a single crop year. The division is responsible for providing funding to assist in the installation of a soil and water conservation practice (Code section 161A.73) and assisting each district in developing a district soil and water resource conservation plan (district plan) to meet its soil loss limit (Code sections 161A.4 and 161A.7).
   SOIL CONSERVATION DISTRICTS LAW (SOIL CONSERVATION AND WATER QUALITY AND SOIL HEALTH) —— BILL. The bill provides for efforts to improve soil health, defined as the continuing capacity of soil to function as a vital ecosystem that sustains plants, animals, and humans (Code section 161A.3). The bill provides that a district plan must provide for the improvement of soil health and that the division may support the establishment of soil and water conservation practices that improve soil health.
   SOIL CONSERVATION DISTRICTS LAW (TEMPORARY SOIL AND WATER CONSERVATION PRACTICES) —— BILL. The bill expands the definition of a temporary soil and water conservation practice to include the use of cover crops, no-tillage, the installation of an agriculture practice, silviculture practice, aquaculture practice, or permaculture practice, or the use of extended crop rotation or rotational grazing (Code section 161A.42).
   SOIL CONSERVATION DISTRICTS LAW/BLUFFLANDS PROTECTION —— BACKGROUND AND BILL. A blufflands protection program (Code section 161A.80A) and blufflands protection revolving fund were enacted in 2015 (2015 Iowa Acts, chapter 132, sections 45 and 46). The purpose of the program and fund is to make loans to conservation organizations purchasing bluffland properties adjacent to state public lands. The principal and interest from any loan made from the fund outstanding on July 1, 2025, that would have been payable to the fund must instead be payable to the rebuild Iowa infrastructure fund created in Code section 8.57 (Code section 161A.80B). The bill eliminates the program and fund on October 1, 2024. Under current law, the program and fund are to be eliminated on July 1, 2030. Until then, the administration of the program and fund are suspended other than as needed to wind up their affairs. Moneys in the fund are transferred to a new state parks and recreation areas operations fund under the control of DNR. The new fund is also supported by principal and interest on loans that would otherwise be paid into the eliminated fund or later to the rebuild Iowa infrastructure fund. For FY 2024-2025, moneys in the new fund are appropriated to support the purchase of interoperative park officer radios and improving accessibility to state parks and recreational areas by persons with disabilities.
   GROUNDWATER PROTECTION ACT (ANNUAL REPORT) —— BACKGROUND AND BILL. The declared policy of the state is to prevent groundwater contamination from point and nonpoint sources and to restore the state’s groundwater to a potable condition (Code section 455E.4). The bill amends the groundwater protection fund (Code section 455E.11). The fund receives moneys from various fees, is divided into several accounts, and moneys from the fund are distributed to various entities to carry out a stated purpose. DNR’s director is responsible for administering the fund and preparing a budget each year regarding the expenditure of moneys in the fund. The secretary of agriculture is required to submit a report to the governor on a biennial basis regarding past and future expenditures. The bill eliminates that requirement.
   INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) —— BACKGROUND AND BILL. The bill eliminates the provisions naming the Code chapter (Code section 466.1) and its purpose to develop a comprehensive water quality program that will result in water quality improvements while reducing proposed regulatory impacts (Code section 466.2). The bill also eliminates the clean water award administered by DALS and DNR (Code section 466.3). The bill revises the conservation buffer strip program administered by DALS (Code section 466.4). The bill eliminates a provision enacted as part of that program in 2000, setting a five-year goal of enrolling an additional 475,000 acres. It also strikes a subsection and reenacts it as a new stand-alone Code section requiring DNR to establish a prairie seed harvest program (Code section 466.4A). The bill revises the conservation reserve enhancement program established to restore or construct wetlands, administered by DALS (Code section 466.5). It eliminates a subsection enacted in 2000, setting a five-year goal of establishing 32,500 acres of wetlands. The bill does not amend a provision requiring DNR to operate water quality monitoring stations (Code section 466.6). The bill amends the Code section enacting the water quality protection program (Code section 466.7). That Code section includes nine subsections, each specifying responsibilities to be carried by DALS or DNR, with the first three of the nine subsections administered by DALS and the last six of the nine subsections administered by DNR. Subsection 1 provides for multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation, which is not revised. Subsection 2 provides for a statewide, voluntary farm management demonstration program which is eliminated. Subsection 3 provides financial assistance for the establishment of permanent soil and water conservation practices, which is also eliminated. The next three of the nine subsections, administered by DNR, relate to the collection or analysis of data for use in determining water quality on a watershed level. Subsection 4 provides for the collection and use of geographic information system data, which is not amended; subsection 5 requires DNR to support local volunteer management efforts; and subsection 6 requires DNR to support the analysis of water quality monitoring data. The provisions in each of these three subsections are eliminated and reenacted as subsections in a new Code section (Code section 466.7A). The last three of the nine subsections, administered by DNR, relate to the same powers exercised under Code chapter 455B, subchapter III, regulating water quality. Subsection 7 authorizes DNR to enter into contracts to assist its staff in reviewing national pollutant discharge elimination permit system (NPDES) permits; subsection 8 requires DNR to expand floodplain education; and subsection 9 requires DNR to develop a total maximum daily load (TMDL) program. All three of these final subsections are eliminated. The bill does not revise the on-site wastewater systems assistance program (Code section 466.8) or the on-site wastewater systems assistance fund (Code section 466.9), both administered by DNR.
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT —— BACKGROUND. Code chapter 466B requires DALS, DNR, and ISU to administer programs providing measures to preserve and improve surface water and prevent or mitigate floods. The Code chapter is divided into the following subchapters: subchapter I providing for surface water protection and flood mitigation, first enacted in 2008 (2008 Iowa Acts, chapter 1034); subchapter II providing for watershed management authorities, first enacted in 2010 (2010 Iowa Acts, chapter 1116); subchapter III providing for watershed planning activities, also first enacted in that same Act; and subchapter IV providing for a water quality initiative and water quality initiative fund, first enacted in 2013 (2013 Iowa Acts, chapter 132), and the Iowa nutrient research center enacted in the same Act.
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (GENERAL) —— BILL. The bill does not amend the Code chapter’s short title (Code section 466B.1). It amends the definitions Code section by eliminating two terms, “council” and “political subdivision”, that do not apply to the entire Code chapter (Code section 466B.2) and reenacts those terms in their relevant subchapters. The definition of the term “council” is enacted as a new Code section in the subchapter providing for surface water protection and the flood mitigation (Code section 466B.2A) and the definition of the term “political subdivision” is enacted in the subchapter providing for watershed management authorities (Code section 466B.21).
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER RESOURCES COORDINATING COUNCIL) —— BILL. The bill revises the purposes of the water resources coordinating council by eliminating a provision that refers to using an integrated approach of water resource management (Code section 466B.3). The bill strikes three subsections and reenacts them as new Code sections, including subsections 4 and 5 providing for the council’s membership, meetings, and quorums (Code section 466B.3A) and subsection 6 providing for the council’s powers and duties (Code section 466B.3B). The bill amends a provision authorizing DALS and DNR to adopt rules necessary to administer the Code chapter, including by eliminating provisions that refer to repealed Code sections (Code section 466B.9). Those repealed Code sections include legislative findings and a marketing campaign (Code section 466B.4), the creation of a regional watershed assessment, planning, and prioritization, administered by DNR (Code section 466B.5), the creation of community-based subwatershed improvement plans administered by DNR (Code section 466B.6), community-based subwatershed monitoring administered by DNR (Code section 466B.7), a wastewater and storm water infrastructure assessment administered by DNR (Code section 466B.8), efforts to form a chapter of the association of floodplain managers administered by the council (Code section 466B.10), and education provided to the general public regarding floodplains (Code section 466B.11).
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED MANAGEMENT AUTHORITIES) —— BACKGROUND. Two or more political subdivisions may enter into a Code chapter 28E agreement to participate in joint projects to improve watershed quality by forming an entity referred to as a watershed management authority (authority). The relevant provisions include definitions (Code section 466B.21), procedures to create an authority (Code section 466B.22), the duties of an authority (Code section 466B.23), the authority’s board of directors (Code section 466B.24), and the authority’s ability to coordinate its activities with DNR.
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED MANAGEMENT AUTHORITIES) —— BILL. The bill changes the name of a watershed management authority to a watershed management partnership (partnership). The bill provides that a partnership may identify, plan for, and assess options to reduce the risk of flood in the watershed (Code section 466B.23). It also eliminates provisions in that Code section authorizing a partnership to assess water quality, and engage in education efforts regarding water quality. The bill authorizes a partnership to coordinate its efforts with DALS, DNR, councils of governments, a public drinking water utility, and a soil and water conservation district. The bill prohibits a partnership from allocating moneys for water quality, unless the moneys are expended consistent with the Iowa nutrient reduction strategy (see Code section 455B.171) or DNR’s Iowa storm water management manual. The name of the governing body is changed from a board of directors to a joint board in conformance with chapter 28E agreement requirements (Code section 28E.6). The bill eliminates requirements establishing a number of board members and their terms, cause for their removals, the designation of officers, and quorum requirements. The bill includes a temporary provision carrying over the terms of the board of directors and continuing actions taken by the board of directors. The bill eliminates the provision which expressly allows a partnership to coordinate its activities with DNR (Code section 466B.25).
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATERSHED PLANNING ADVISORY COUNCIL) —— BACKGROUND AND BILL. The watershed planning advisory council represents diverse stakeholders for purposes of reviewing research and making recommendations to various state entities regarding methods to protect water resources in the state, assure an adequate supply of water, mitigate and prevent floods, and coordinate the management of those resources in a sustainable, fiscally responsible, and environmentally responsible manner (Code section 466B.31). The bill eliminates the council.
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (WATER QUALITY INITIATIVE) —— BACKGROUND AND BILL. The water quality initiative is established in order to assess and reduce nutrients in this state’s watersheds, including subwatersheds and regional watersheds, and to implement programs to reduce nutrients in surface waters from nonpoint sources in a scientific, reasonable, and cost-effective manner (Code section 466B.42). The initiative is administered by DALS acting through the division. Information received by these entities that identifies participating landowners is confidential (Code section 466B.49). The division administers two water quality agriculture infrastructure programs, including an edge-of-field infrastructure program and an in-field infrastructure program (Code section 466B.43). The purpose of the programs is to support projects that reduce contributing nutrient loads, associated sediment, or contaminants to surface waters consistent with the Iowa nutrient reduction strategy. The division also administers an urban infrastructure program to support watershed projects that decrease erosion, precipitation-induced surface runoff, and storm water discharges and that increase water infiltration rates based on DNR’s Iowa’s storm water management manual (Code section 466B.44). Moneys deposited into the water quality initiative fund (Code section 466B.45) are used to support the initiative. The bill eliminates the term “fund” from the Code section defining terms in the subchapter since the subchapter includes two funds (Code section 466B.41). The bill does not revise the remaining Code sections other than to provide coordinating amendments due to their transfer to Code chapter 467.
   SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT (NUTRIENT RESEARCH) —— BACKGROUND AND BILL. The Iowa nutrient research center is established as part of ISU to pursue a science-based approach to nutrient management research that provides recommendations for the development and implementation of nutrient management practices (Code section 466.47). An Iowa nutrient research center advisory council recommends possible research issues for the center (Code section 466B.48). Moneys deposited into the Iowa nutrient research fund are used to support the initiative (Code section 466B.46). The bill does not revise the remaining Code sections other than to provide coordinating amendments due to their transfer to Code chapter 467.
   TRANSFERS. The bill provides that the amended or enacted Code sections in Code chapters 466 and 466B are to be transferred to new Code chapter 467 which is to be divided into five subchapters. The bill also makes a number of conforming changes by amending provisions which refer to repealed Code sections discussed above. Many of the conforming changes amend Code sections that provide sources of moneys used to support water quality initiative programs and the Iowa nutrient research center without making substantive changes. Sources of moneys used to support initiative programs include the groundwater protection fund (Code section 455E.11) and the water quality infrastructure fund (Code section 8.57B) that includes moneys from the rebuild Iowa infrastructure fund (Code section 8.57) and the water quality financial assistance fund (Code section 16.134A) financed from moneys generated from water service tax revenues (Code section 423G.6); and any future moneys from the soil conservation and water protection account (Code section 461.33) of the natural resources and outdoor recreation trust fund (Code section 461.31). Amended Code sections that provide sources of moneys used to support the center include the groundwater protection fund and the moneys collected from persons assessed civil penalties for violating animal feeding operation statutes and rules (Code sections 459.602, 459.603, 459.604, 459A.502, and 459B.402).