House File 2642 - Introduced HOUSE FILE 2642 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 2614) (SUCCESSOR TO HSB 674) A BILL FOR An Act relating to the conservation and improvement of 1 soil and water resources, including by providing for the 2 administration of associated programs and regulations, 3 making appropriations, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6306HZ (1) 90 da/ns

H.F. 2642 DIVISION I 1 SOIL CONSERVATION DISTRICTS LAW 2 Section 1. Section 161A.2, Code 2024, is amended to read as 3 follows: 4 161A.2 Declaration of policy. 5 It is hereby declared to be the policy of the legislature 6 state to integrate the conservation of soil and water resources 7 into the production of agricultural commodities to insure 8 ensure the long-term protection of the soil and water resources 9 of the state of Iowa, and to encourage the development of farm 10 management and agricultural practices that are consistent 11 with the capability of the land to sustain agriculture, and 12 thereby to preserve natural resources, control floods, prevent 13 impairment of dams and reservoirs, assist and maintain the 14 navigability of rivers and harbors, preserve wildlife, protect 15 the tax base, protect public lands , and promote the health, 16 safety , and public welfare of the people of this state. 17 Sec. 2. Section 161A.3, Code 2024, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 12A. “Soil health” means the continuing 20 capacity of soil to function as a vital living ecosystem that 21 sustains plants, animals, and humans. 22 Sec. 3. Section 161A.4, subsection 2, paragraph g, Code 23 2024, is amended to read as follows: 24 g. To assist each soil and water conservation district in 25 developing a district soil and water resource conservation plan 26 as provided under section 161A.7 . The plan shall be developed 27 according to rules adopted by the division to preserve and 28 protect the public interest in the soil and water resources 29 of this state for future generations and for this purpose to 30 encourage, promote, facilitate, and where such public interest 31 requires, to mandate the conservation and proper control of and 32 use of the soil and water resources of this state, by measures 33 including but not limited to the control of floods, the control 34 of erosion by water or by wind, the improvement of soil health, 35 -1- LSB 6306HZ (1) 90 da/ns 1/ 37

H.F. 2642 and the preservation of the quality of water for its optimum 1 use for agricultural, irrigation, recreational, industrial, 2 and domestic purposes, all of which shall be presumed to be 3 conducive to the public health, convenience, and welfare, both 4 present and future. 5 Sec. 4. Section 161A.7, subsection 1, paragraphs f, h, m, 6 and n, Code 2024, are amended to read as follows: 7 f. To make available on such terms as it shall prescribe, 8 to landowners or occupiers within the district, agricultural 9 and engineering machinery and equipment, fertilizer, lime, 10 and such other material or equipment as will assist such 11 landowners or occupiers to carry on operations upon their lands 12 for the conservation of soil resources and for the prevention 13 and control of soil erosion ; the improvement of soil health; 14 and for the prevention of erosion, floodwater, and sediment 15 damages. 16 h. To develop comprehensive plans for the conservation of 17 soil resources and for ; the improvement of soil health; the 18 control and prevention of soil erosion ; and for the prevention 19 of erosion, floodwater, and sediment damages within the 20 district , which . The comprehensive plans shall specify in such 21 detail as may be possible, the acts, procedures, performances, 22 and avoidances which are necessary or desirable for the 23 effectuation of such plans, including the specification of 24 engineering operations, methods of cultivation, the growing of 25 vegetation, cropping programs, tillage practices, and changes 26 in the use of land ; and to . The district shall publish such 27 plans and information and bring them to the attention of owners 28 and occupiers of lands within the district. 29 m. To encourage local school districts to provide 30 instruction in the importance of and in some of the basic 31 methods of soil conservation and soil health practices , as a 32 part of course work relating to agriculture, the conservation 33 of natural resources , and environmental awareness as required 34 in rules adopted by the state board of education pursuant 35 -2- LSB 6306HZ (1) 90 da/ns 2/ 37

H.F. 2642 to section 256.11, subsections 3 and 4 through 5 , and to 1 offer technical assistance to schools in developing such 2 instructional programs. 3 n. To develop a soil and water resource conservation 4 district plan for the district . 5 (1) The district plan shall contain a comprehensive 6 long-range assessment of soil and surface water resources in 7 the district consistent with rules approved by the committee 8 under section 161A.4 . 9 (2) In developing the district plan , the district may 10 receive technical support from the United States department 11 of agriculture natural resources conservation service and the 12 county board of supervisors in the county where the district 13 is located. The division and the Iowa cooperative extension 14 service in agriculture and home economics may provide technical 15 support to the district. The support may include but is not 16 limited to the following: 17 (a) Assessing the condition of soil and surface water in 18 the district, including an evaluation of the type, amount, 19 and quality of soil and water , ; the threat of soil erosion 20 and erosion, floodwater, and sediment damages ; , and necessary 21 preventative and control measures ; and soil restoration 22 efforts . 23 (b) Developing methods to maintain or improve soil health 24 and water condition quality . 25 (c) Cooperating with other state and federal agencies to 26 carry out this support. 27 (2) (3) The title page of the district plan and a 28 notification stating where the plan may be reviewed shall be 29 recorded with the recorder in the county in which the district 30 is located, and updated as necessary, after the committee 31 approves and the director of the division signs the district 32 plan. The commissioners shall provide notice of the recording 33 and may provide a copy of the approved district plan to the 34 county board of supervisors in the county where the district is 35 -3- LSB 6306HZ (1) 90 da/ns 3/ 37

H.F. 2642 located. The district plan shall be filed with the division 1 as part of the state soil and water resource conservation plan 2 provided in section 161A.4 . 3 Sec. 5. Section 161A.42, subsections 4 and 9, Code 2024, are 4 amended to read as follows: 5 4. “Erosion control practices” “Erosion control practice” 6 means any of the following : 7 a. The construction or installation of , and or the 8 maintenance of , of such structures a structure or devices 9 device as are is necessary to carry to a suitable outlet from 10 the site of any building housing four or more residential 11 units, any commercial or industrial development , or any 12 publicly or privately owned recreational or service facility of 13 any kind, not served by a central storm sewer system, any water 14 which that complies with all of the following : 15 (1) Would otherwise cause erosion in excess of the 16 applicable soil loss limit ; and . 17 (2) Does not carry nor constitute sewage, industrial waste, 18 or other waste as defined by section 455B.171 . 19 b. The employment of a temporary devices device or 20 structures structure , temporary seeding, fibre mats, plastic, 21 straw, or other measures measure adequate to prevent erosion in 22 excess of the applicable soil loss limits from the site of, or 23 land directly affected by, the construction of any public or 24 private street, road , or highway, any residential, commercial, 25 or industrial building or development, or any publicly or 26 privately owned recreational or service facility of any kind, 27 at all times prior to completion of such construction. 28 c. The establishment and maintenance of vegetation upon the 29 right-of-way of any completed portion of any public street, 30 road, or highway, or the construction or installation thereon 31 of structures or devices, or other measures adequate to prevent 32 erosion from the right-of-way in excess of the applicable soil 33 loss limits. 34 9. a. “Soil and water conservation practices” “Soil and 35 -4- LSB 6306HZ (1) 90 da/ns 4/ 37

H.F. 2642 water conservation practice” means any of the practices practice 1 designated in or pursuant to this subsection which serve serves 2 to prevent erosion of soil by wind or water, in excess of the 3 applicable soil loss limits, from land used for agricultural 4 or horticultural purposes only. 5 b. “Soil and water conservation practice” includes any of the 6 following: 7 a. (1) “Permanent soil and water conservation practices” 8 “Permanent soil and water conservation practice” which means the 9 planting of perennial grasses, legumes, shrubs, or trees, the 10 establishment of grassed waterways, and the construction of 11 terraces, or other permanent soil and water practices approved 12 by the committee. 13 b. (2) “Temporary soil and water conservation practices” 14 “Temporary soil and water conservation practice” which means 15 the planting of annual or biennial crops , ; the use of 16 strip-cropping, cover cropping, or contour planting , or ; 17 no-tillage, minimum tillage, or mulch tillage , and ; the 18 installation of an agriculture practice, silviculture practice, 19 aquaculture practice, or permaculture practice; the use of 20 extended crop rotation or rotational grazing; or the use of any 21 other cultural practices practice approved by the committee. 22 Sec. 6. Section 161A.53, Code 2024, is amended to read as 23 follows: 24 161A.53 Cooperation with other agencies. 25 1. Soil A soil and water conservation districts district 26 may enter into agreements an agreement with the federal 27 government or an agency of the federal government, as provided 28 by state law, or with the state of Iowa or an agency of the 29 state, any other soil and water conservation district, or any 30 other political subdivision of this state, for cooperation in 31 preventing, doing any of the following: 32 a. Preventing, controlling, or attempting to prevent or 33 control soil erosion. Soil 34 b. Improving or attempting to improve soil health, or 35 -5- LSB 6306HZ (1) 90 da/ns 5/ 37

H.F. 2642 performing a soil health assessment. 1 2. A soil and water conservation districts district may 2 accept, as provided by state law, money disbursed for soil 3 erosion control and soil health assessment purposes by the 4 federal government or an agency of the federal government, and 5 expend the money for the purposes for which it was received. 6 Sec. 7. Section 161A.71, subsection 1, Code 2024, is amended 7 to read as follows: 8 1. a. The division may establish a conservation practices 9 revolving loan fund composed of any money appropriated by the 10 general assembly for that purpose, and of any other moneys 11 available to and obtained or accepted by the committee from the 12 federal government or private sources for placement in that 13 fund. Except as otherwise provided by subsection 3 , the assets 14 of the conservation practices revolving loan fund shall be used 15 only to make loans directly to owners of land in this state 16 for the purpose of establishing on that land any new permanent 17 soil and water conservation practice which the commissioners of 18 the soil and water conservation district in which the land is 19 located have found is necessary or advisable to meet the soil 20 loss limits established for that land. 21 (1) A loan made under this section shall not be made 22 for establishing a permanent soil and water conservation 23 practice on land that is subject to the restriction on state 24 cost-sharing funds of section 161A.76 . Revolving loan funds 25 and public cost-sharing funds may be used in combination for 26 funding a particular soil and water conservation practice. 27 (2) Each loan made under this section shall be for a period 28 not to exceed ten years, shall bear no interest, and shall be 29 repayable to the conservation practices revolving loan fund in 30 equal yearly installments due March 1 of each year the loan is 31 in effect. The interest rate upon loans for which payment is 32 delinquent shall accelerate immediately to the current legal 33 usury limit. Applicants are 34 (3) An applicant is eligible for no not more than twenty 35 -6- LSB 6306HZ (1) 90 da/ns 6/ 37

H.F. 2642 thousand dollars in loans outstanding at any time under this 1 program. “Permanent soil and water conservation practices” 2 b. As used in this section, “permanent soil and water 3 conservation practice” has the same meaning as defined in 4 section 161A.42 and those established under this program are 5 subject to the requirements of section 161A.7, subsection 3 . 6 c. Loans made under this program shall come due for payment 7 upon sale of the land on which those practices are established. 8 Sec. 8. Section 161A.73, subsection 1, paragraph b, Code 9 2024, is amended to read as follows: 10 b. The allocation of moneys as financial incentives 11 provided for the purpose of establishing management practices 12 to control soil erosion on land that is row cropped and 13 promote soil health , including but not limited to cover crops, 14 no-till planting, ridge-till planting, contouring, and contour 15 strip-cropping. The division shall by rule establish limits on 16 the amount of incentives which shall be authorized for payment 17 to landowners upon establishment of the practice. 18 Sec. 9. Section 161A.80A, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. This section is repealed on July October 1, 2030 2024 . 21 Sec. 10. Section 161A.80B, subsection 1, Code 2024, is 22 amended to read as follows: 23 1. The principal and interest from any loan made pursuant 24 to section 161A.80A , as enacted in 2015 Iowa Acts, ch 132, 25 §45 Code 2024 , remaining that are outstanding on July 1, 2025 26 or after the effective date of this section of this Act , and 27 that prior to October 1, 2024, would have been payable to 28 the blufflands protection revolving fund created in section 29 161A.80A , shall instead be paid to the division on or after 30 July 1, 2025, pursuant to the terms of the loan agreement 31 deposited by the department of natural resources in the state 32 parks and recreation areas operations fund created in section 33 455A.10A . The moneys paid to the division shall be credited to 34 the rebuild Iowa infrastructure fund created in section 8.57 . 35 -7- LSB 6306HZ (1) 90 da/ns 7/ 37

H.F. 2642 Sec. 11. Section 161D.7, Code 2024, is amended to read as 1 follows: 2 161D.7 Program coordination. 3 1. The department of natural resources shall coordinate the 4 blufflands protection program with the program and projects of 5 the loess hills alliance. 6 2. This section is repealed on October 1, 2024. 7 Sec. 12. NEW SECTION . 455A.10A State parks and recreation 8 areas operations fund. 9 1. A state parks and recreation areas operations fund is 10 created in the state treasury under the management and control 11 of the department. 12 2. The state parks and recreation areas operations fund 13 shall include all of the following: 14 a. (1) Principal and interest paid from any loan made 15 pursuant to section 161A.80A, Code 2024, instead of being paid 16 to the blufflands protection revolving fund as described in 17 section 161A.80B. 18 (2) This paragraph is repealed on July 1, 2030. 19 b. Other moneys available to and obtained or accepted by the 20 department from public or private sources. 21 3. Moneys in the state parks and recreation areas operations 22 fund are appropriated to and shall be used exclusively by the 23 department to pay for maintaining and improving state parks 24 and recreation areas, including by supporting infrastructure 25 and the professional needs of park rangers and conservation 26 officers. 27 4. a. Notwithstanding section 12C.7, interest or earnings 28 on moneys in the fund shall be credited to the fund. 29 b. Notwithstanding section 8.33, moneys in the fund that 30 remain unencumbered or unobligated at the end of a fiscal year 31 shall not revert. 32 Sec. 13. BLUFFLANDS PROTECTION REVOLVING FUND —— TRANSFER 33 TO STATE PARKS AND RECREATION AREAS OPERATIONS FUND. The 34 balance in the blufflands protection revolving fund created in 35 -8- LSB 6306HZ (1) 90 da/ns 8/ 37

H.F. 2642 section 161A.80A shall be transferred to the state parks and 1 recreation areas operations fund created in this Act not later 2 than September 30, 2024. 3 Sec. 14. STATE PARKS AND RECREATION AREAS OPERATIONS FUND —— 4 APPROPRIATION. There is appropriated from the state parks and 5 recreation areas operations fund created in section 455A.10A 6 to the department of natural resources for the fiscal year 7 beginning July 1, 2024, and ending June 30, 2025, the following 8 amounts, or so much thereof as is necessary, to be used for the 9 purposes designated: 10 1. For purposes of equipping park rangers with 11 interoperative park officer radios: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 456,000 13 2. For purposes of improving accessibility to state parks 14 and recreational areas by persons with disabilities, any 15 unencumbered or unobligated moneys remaining in the fund. 16 Sec. 15. SUSPENSION OF BLUFFLANDS PROTECTION PROGRAM 17 AND LIMITATION OF MONEYS EXPENDED FROM BLUFFLANDS PROTECTION 18 REVOLVING FUND. 19 1. The blufflands protection program created in section 20 161A.80A is suspended and moneys shall not be expended from the 21 blufflands protection revolving fund other than to wind down 22 existing obligations until its termination date. 23 2. This section is repealed on October 1, 2024. 24 Sec. 16. EFFECTIVE DATES. 25 1. Except as provided in subsection 2, this division of this 26 Act takes effect July 1, 2024. 27 2. The section of this division of this Act suspending the 28 blufflands protection program, and limiting the expenditure of 29 moneys from the blufflands protection revolving fund, being 30 deemed of immediate importance, takes effect upon enactment. 31 DIVISION II 32 GROUNDWATER PROTECTION ACT 33 Sec. 17. Section 455E.11, subsection 1, paragraph c, Code 34 2024, is amended by striking the paragraph. 35 -9- LSB 6306HZ (1) 90 da/ns 9/ 37

H.F. 2642 DIVISION III 1 INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) 2 Sec. 18. Section 466.4, subsection 2, paragraphs d and e, 3 Code 2024, are amended by striking the paragraphs. 4 Sec. 19. NEW SECTION . 466.4A Prairie seed harvest program. 5 The department of natural resources shall establish a 6 prairie seed harvest program to assist in the restoration of 7 prairies and provide for private land stewardship and public 8 resource management through assistance with the implementation 9 of buffer and filter strip practices, and public or private 10 habitat development and management. The department shall carry 11 out these efforts through landowner contacts and cooperation 12 with private and public organizations. 13 Sec. 20. Section 466.5, subsection 5, Code 2024, is amended 14 by striking the subsection. 15 Sec. 21. Section 466.7, Code 2024, is amended to read as 16 follows: 17 466.7 Water quality protection program. 18 1. The department of agriculture and land stewardship shall 19 implement, in conjunction with the federal government and other 20 entities, a program that provides multiobjective resource 21 protections for flood control, water quality, erosion control, 22 and natural resource conservation. 23 2. The department of agriculture and land stewardship shall 24 implement a statewide, voluntary farm management demonstration 25 program to demonstrate the effectiveness and adaptability of 26 emerging practices in agronomy that protect water resources and 27 provide other environmental benefits. A demonstration program 28 under this subsection may complement, but shall not duplicate, 29 projects conducted by Iowa state university extension service. 30 The demonstration program shall be designed to concentrate on 31 management techniques in both the livestock and crop genres 32 and shall be offered to farm operators through an educational 33 setting and demonstration projects. The demonstration program 34 shall be offered in conjunction with the community colleges, 35 -10- LSB 6306HZ (1) 90 da/ns 10/ 37

H.F. 2642 Iowa state university, and private farmer demonstrations. 1 Continuing education units shall be offered. The educational 2 program shall be offered at no cost to farm operators who file 3 a schedule F with the internal revenue service and do not have 4 permitted livestock facilities or are certified under a manure 5 management plan. 6 3. The department of agriculture and land stewardship shall 7 provide financial assistance for the establishment of permanent 8 soil and water conservation practices. 9 4. The department of natural resources shall provide local 10 watershed managers with geographic information system data for 11 their use in developing, monitoring, and displaying results 12 of their watershed work. The local watershed data shall be 13 considered public records and are accessible to the public 14 pursuant to chapter 22 . 15 5. The department of natural resources shall develop a 16 program that provides support to local volunteer management 17 efforts to the different programs concerned with water quality. 18 The department shall assist in coordinating and tracking of the 19 volunteer component of these programs to increase efficiency 20 and avoid duplication of efforts in water quality monitoring 21 and watershed improvement. 22 6. The department of natural resources shall provide for 23 activities supporting the analysis of water quality monitoring 24 data for trends and for the preparation and presentation of 25 data to the public. 26 7. The department of natural resources shall contract 27 to assist its staff with the review of national pollutant 28 discharge elimination system permits. 29 8. The department of natural resources shall expand 30 floodplain protection education to better inform local 31 officials that make decisions with regard to floodplain 32 management. 33 9. The department of natural resources shall continue 34 the establishment of an effective and efficient method 35 -11- LSB 6306HZ (1) 90 da/ns 11/ 37

H.F. 2642 of developing a total maximum daily load program, based 1 on information gathered on other states’ programs and 2 investigation into alternative methods for satisfying the 3 requirements. 4 Sec. 22. NEW SECTION . 466.7A Water quality analysis. 5 1. The department of natural resources shall provide local 6 watershed managers with geographic information system data for 7 their use in developing, monitoring, and displaying results 8 of their watershed work. The local watershed data shall be 9 considered public records and are accessible to the public 10 pursuant to chapter 22. 11 2. The department of natural resources shall support 12 local volunteer management efforts to the different programs 13 concerned with water quality. The department shall assist 14 in coordinating and tracking of the volunteer component of 15 these programs to increase efficiency and avoid duplication of 16 efforts in water quality monitoring and watershed improvement. 17 3. The department of natural resources shall provide for 18 activities supporting the analysis of water quality monitoring 19 data for trends and for the preparation and presentation of 20 data to the public. 21 4. The department of natural resources shall continue 22 the establishment of an effective and efficient method 23 of developing a total maximum daily load program, based 24 on information gathered on other states’ programs and 25 investigation into alternative methods for satisfying the 26 requirements. 27 Sec. 23. Section 466.9, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. An on-site wastewater systems assistance fund is 30 established as a separate fund in the state treasury under the 31 control of the department of natural resources. Moneys in the 32 fund are appropriated to the department of natural resources 33 for the exclusive purpose of supporting and administering the 34 on-site wastewater systems assistance program as established in 35 -12- LSB 6306HZ (1) 90 da/ns 12/ 37

H.F. 2642 section 466.8 467.414 . 1 Sec. 24. REPEAL. Sections 466.1, 466.2, and 466.3, Code 2 2024, are repealed. 3 DIVISION IV 4 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT 5 PART A 6 GENERAL 7 Sec. 25. Section 466B.2, Code 2024, is amended to read as 8 follows: 9 466B.2 Definitions —— chapter . 10 For the purposes of this chapter , unless the context 11 otherwise requires: 12 1. “Council” means the water resources coordinating council 13 created in section 466B.3 . 14 2. 1. “Iowa nutrient reduction strategy” means the same as 15 defined in section 455B.171 . 16 3. “Political subdivision” means any of the following: 17 a. A city. 18 b. A county. 19 c. A soil and water conservation district described in 20 section 161A.5 . 21 d. A benefited recreational lake district or a water quality 22 district or a combined district incorporated as a public entity 23 and organized pursuant to chapter 357E . 24 e. A rural improvement zone established pursuant to chapter 25 357H . 26 4. 2. “Regional watershed” means a watershed of hydrologic 27 unit code scale 8. 28 5. 3. “Subwatershed” means a watershed of hydrologic unit 29 code scale 12 or smaller. 30 6. 4. “Watershed” means a geographic area in which surface 31 water is drained by rivers, streams, or other bodies of water. 32 PART B 33 WATER RESOURCE COORDINATING COUNCIL 34 Sec. 26. NEW SECTION . 466B.2A Definitions —— subchapter. 35 -13- LSB 6306HZ (1) 90 da/ns 13/ 37

H.F. 2642 As used in this subchapter, unless the context otherwise 1 requires: 2 1. “Council” means the water resources coordinating council 3 established in section 467.202. 4 2. “Secretary” means the secretary of agriculture. 5 Sec. 27. Section 466B.3, subsection 2, Code 2024, is amended 6 to read as follows: 7 2. Purpose. The purpose of the council shall be to preserve 8 and protect Iowa’s water resources, and to coordinate the 9 management of those resources in a sustainable and fiscally 10 responsible manner. In the pursuit of this purpose, the 11 council shall use an integrated approach to water resource 12 management, recognizing that insufficiencies exist in current 13 approaches and practices, as well as in funding sources and 14 the utilization of funds. The integrated approach used by the 15 council shall attempt to overcome old categories, labels, and 16 obstacles with the primary goal of managing the state’s water 17 resources comprehensively rather than compartmentally. 18 Sec. 28. Section 466B.3, subsections 4, 5, and 6, Code 2024, 19 are amended by striking the subsections. 20 Sec. 29. NEW SECTION . 466B.3A Membership, meetings, and 21 quorum. 22 1. The water resources coordinating council shall consist 23 of all of the following members: 24 a. The secretary of agriculture, who shall be the 25 chairperson, or the secretary’s designee. 26 b. The director of the department of natural resources or 27 the director’s designee. 28 c. The director of the division of soil conservation and 29 water quality within the department of agriculture and land 30 stewardship or the director’s designee. 31 d. The director of the department of health and human 32 services or the director’s designee. 33 e. The director of the department of homeland security and 34 emergency management or the director’s designee. 35 -14- LSB 6306HZ (1) 90 da/ns 14/ 37

H.F. 2642 f. The dean of the college of agriculture and life sciences 1 at Iowa state university or the dean’s designee. 2 g. The dean of the college of public health at the 3 university of Iowa or the dean’s designee. 4 h. The dean of the college of natural sciences at the 5 university of northern Iowa or the dean’s designee. 6 i. The director of transportation or the director’s 7 designee. 8 j. The director of the economic development authority or the 9 director’s designee. 10 k. The dean of the college of engineering at the university 11 of Iowa or the dean’s designee. 12 2. As the chairperson, and in order to further the 13 coordination efforts of the council, the secretary may 14 invite representatives from any other public agency, private 15 organization, business, citizen group, or nonprofit entity to 16 give public input at council meetings, provided the entity has 17 an interest in the coordinated management of land resources, 18 soil conservation, flood mitigation, or water quality. The 19 secretary shall also invite and solicit advice from the 20 following: 21 a. The director of the Iowa water science center of the 22 United States geological survey or the director’s designee. 23 b. The state conservationist from the Iowa office of the 24 United States department of agriculture’s natural resources 25 conservation service or the state conservationist’s designee. 26 c. The state director for Iowa from the United States 27 department of agriculture’s farm services agency or the state 28 director’s designee. 29 d. The state director for Iowa from the United States 30 department of agriculture’s office of rural development or the 31 state director’s designee. 32 e. The director of region seven of the United States 33 environmental protection agency or the director’s designee. 34 f. The corps commander from the United States army corps of 35 -15- LSB 6306HZ (1) 90 da/ns 15/ 37

H.F. 2642 engineers’ Rock Island district or the commander’s designee. 1 3. a. The council shall be convened by the secretary at 2 least quarterly. 3 b. A majority of the members fixed by statute shall 4 constitute a quorum, and any action taken by the council must 5 be adopted by a majority of the voting membership. 6 Sec. 30. NEW SECTION . 466B.3B Duties and powers. 7 1. The water resources coordinating council shall engage in 8 the regular coordination of water resource-related functions, 9 including protection strategies, planning, assessment, 10 prioritization, review, concurrence, advocacy, and education. 11 2. In coordinating water resource-related functions, 12 the water resources coordinating council may do all of the 13 following: 14 a. Consider the steps necessary to address the planning, 15 management, and implementation of water resource improvement. 16 b. Identify ways to facilitate communication and 17 participation among all water resource stakeholders, including 18 owners of land in Iowa whether they are residents or not. 19 c. Identify inefficiencies in current programs and recommend 20 ways to eliminate duplicative services. 21 d. Improve the availability and management of water resource 22 information. 23 e. Regularly assess and identify measurable improvements in 24 water quality. 25 f. Develop a protocol which identifies high-priority 26 watersheds, including local and community-based subwatersheds, 27 and which appropriately directs resources to those watersheds. 28 g. Review best available technologies on a regular basis, 29 so that investments of time and program resources can be 30 prioritized and directed to projects that will best and most 31 effectively improve water quality and reduce flood damage 32 within regional and community subwatersheds. 33 h. Review voluntary, performance-based standards for water 34 resource management, land management, and soil conservation. 35 -16- LSB 6306HZ (1) 90 da/ns 16/ 37

H.F. 2642 i. Engage in dialogue with, and pursue efforts to make 1 cooperative agreements with, other states when a watershed 2 extends beyond borders of this state. 3 Sec. 31. Section 466B.9, Code 2024, is amended to read as 4 follows: 5 466B.9 Rulemaking authority. 6 The department of natural resources and the department 7 of agriculture and land stewardship and the department of 8 natural resources shall have the power and authority reasonably 9 necessary to carry out the duties imposed by this chapter , 10 including the adoption of rules pursuant to chapter 17A . As to 11 the department of natural resources, this includes rulemaking 12 authority to carry out the regional watershed assessment 13 program described in section 466B.5 . As to the department of 14 agriculture and land stewardship, this includes rulemaking 15 authority to assist in the implementation of community-based 16 subwatershed improvement plans. 17 Sec. 32. REPEAL. Sections 466B.4, 466B.5, 466B.6, 466B.7, 18 466B.8, 466B.10, and 466B.11, Code 2024, are repealed. 19 PART C 20 WATERSHED PARTNERSHIPS 21 Sec. 33. Section 466B.21, Code 2024, is amended to read as 22 follows: 23 466B.21 Definitions. 24 As used in this subchapter , unless the context otherwise 25 requires: 26 1. “Authority” means a watershed management authority 27 created pursuant to a chapter 28E agreement as provided in this 28 subchapter . 29 2. 1. “Board” means a board of directors of a watershed 30 management authority the governing body of the watershed 31 partnership as provided in section 467.504 . 32 2. “Partnership” means a watershed partnership created 33 pursuant to section 467.502. 34 3. “Political subdivision” means any of the following: 35 -17- LSB 6306HZ (1) 90 da/ns 17/ 37

H.F. 2642 a. A city. 1 b. A county. 2 c. A soil and water conservation district described in 3 section 161A.5. 4 d. A benefited recreational lake district or a water quality 5 district or a combined district incorporated as a public entity 6 and organized pursuant to chapter 357E. 7 e. A rural improvement zone established pursuant to chapter 8 357H. 9 Sec. 34. Section 466B.22, Code 2024, is amended to read as 10 follows: 11 466B.22 Watershed management authorities created partnerships 12 —— establishment . 13 1. Two or more political subdivisions may create establish , 14 by chapter 28E agreement, a watershed management authority 15 partnership pursuant to this subchapter . The participating 16 political subdivisions must be located in the same United 17 States geological survey hydrologic unit code 8 watershed. All 18 political subdivisions within a watershed must be notified 19 within thirty days prior to organization of any watershed 20 management authority partnership within the watershed, and 21 provided the opportunity to participate. 22 2. The chapter 28E agreement shall include a map showing the 23 area and boundaries of the authority watershed partnership’s 24 jurisdiction . 25 3. A political subdivision may participate in more than 26 one authority watershed partnership created pursuant to this 27 subchapter . 28 4. A political subdivision is not required to participate in 29 a watershed management authority partnership or be a party to a 30 chapter 28E agreement under this subchapter . 31 5. If a portion of a United States geological survey 32 hydrologic unit code 8 watershed is located outside of this 33 state, any political subdivision in such a watershed may 34 participate in any watershed management authority partnership 35 -18- LSB 6306HZ (1) 90 da/ns 18/ 37

H.F. 2642 which includes the county in which the political subdivision 1 is located. 2 6. A watershed partnership is not a partnership governed 3 under chapter 486A or 488. 4 Sec. 35. Section 466B.23, Code 2024, is amended to read as 5 follows: 6 466B.23 Duties Watershed partnership —— duties . 7 1. A watershed management authority partnership may perform 8 all of the following duties: 9 1. a. Assess the flood risks in the watershed Identify, 10 plan for, and assess options for reducing the risk of floods 11 in the watershed . 12 2. b. Assess the water quality in the watershed. 13 3. c. Assess options for reducing flood risk and improving 14 water quality in the watershed. 15 4. d. Monitor federal flood risk planning and activities. 16 5. e. Educate residents of the watershed area regarding 17 water quality and flood risks. 18 f. Support and implement water quality projects in the 19 watershed that are consistent with the Iowa nutrient reduction 20 strategy. 21 g. Engage in efforts to maximize efficiency and increase 22 capacity for implementation of water quality practices that are 23 consistent with the Iowa nutrient reduction strategy. 24 6. h. Allocate moneys made available to the authority 25 watershed partnership for purposes of water quality and flood 26 mitigation and water quality . 27 i. Coordinate its undertakings with the department of 28 agriculture and land stewardship, the department of natural 29 resources, councils of governments, public drinking water 30 utilities, and soil and water conservation districts. 31 7. j. Make and enter into contracts and agreements 32 and execute all instruments necessary or incidental to 33 the performance of the duties of the authority watershed 34 partnership . 35 -19- LSB 6306HZ (1) 90 da/ns 19/ 37