House Study Bill 674 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON SEXTON) 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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6306YC (2) 90 da/ns

H.F. _____ 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 6306YC (2) 90 da/ns 1/ 35

H.F. _____ 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 6306YC (2) 90 da/ns 2/ 35

H.F. _____ 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 6306YC (2) 90 da/ns 3/ 35

H.F. _____ 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 6306YC (2) 90 da/ns 4/ 35

H.F. _____ 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 6306YC (2) 90 da/ns 5/ 35

H.F. _____ 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 purposes by the federal government or an 4 agency of the federal government, and expend the money for the 5 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 6306YC (2) 90 da/ns 6/ 35

H.F. _____ 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. REPEAL. Sections 161A.80A, 161A.80B, and 161D.7, 19 Code 2024, are repealed. 20 DIVISION II 21 GROUNDWATER PROTECTION ACT 22 Sec. 10. Section 455E.11, subsection 1, paragraph c, Code 23 2024, is amended by striking the paragraph. 24 DIVISION III 25 INITIATIVE ON IMPROVING OUR WATERSHED ATTRIBUTES (I ON IOWA) 26 Sec. 11. Section 466.4, subsection 2, paragraphs d and e, 27 Code 2024, are amended by striking the paragraphs. 28 Sec. 12. NEW SECTION . 466.4A Prairie seed harvest program. 29 The department of natural resources shall establish a 30 prairie seed harvest program to assist in the restoration of 31 prairies and provide for private land stewardship and public 32 resource management through assistance with the implementation 33 of buffer and filter strip practices, and public or private 34 habitat development and management. The department shall carry 35 -7- LSB 6306YC (2) 90 da/ns 7/ 35

H.F. _____ out these efforts through landowner contacts and cooperation 1 with private and public organizations. 2 Sec. 13. Section 466.5, subsection 5, Code 2024, is amended 3 by striking the subsection. 4 Sec. 14. Section 466.7, Code 2024, is amended to read as 5 follows: 6 466.7 Water quality protection program. 7 1. The department of agriculture and land stewardship shall 8 implement, in conjunction with the federal government and other 9 entities, a program that provides multiobjective resource 10 protections for flood control, water quality, erosion control, 11 and natural resource conservation. 12 2. The department of agriculture and land stewardship shall 13 implement a statewide, voluntary farm management demonstration 14 program to demonstrate the effectiveness and adaptability of 15 emerging practices in agronomy that protect water resources and 16 provide other environmental benefits. A demonstration program 17 under this subsection may complement, but shall not duplicate, 18 projects conducted by Iowa state university extension service. 19 The demonstration program shall be designed to concentrate on 20 management techniques in both the livestock and crop genres 21 and shall be offered to farm operators through an educational 22 setting and demonstration projects. The demonstration program 23 shall be offered in conjunction with the community colleges, 24 Iowa state university, and private farmer demonstrations. 25 Continuing education units shall be offered. The educational 26 program shall be offered at no cost to farm operators who file 27 a schedule F with the internal revenue service and do not have 28 permitted livestock facilities or are certified under a manure 29 management plan. 30 3. The department of agriculture and land stewardship shall 31 provide financial assistance for the establishment of permanent 32 soil and water conservation practices. 33 4. The department of natural resources shall provide local 34 watershed managers with geographic information system data for 35 -8- LSB 6306YC (2) 90 da/ns 8/ 35

H.F. _____ their use in developing, monitoring, and displaying results 1 of their watershed work. The local watershed data shall be 2 considered public records and are accessible to the public 3 pursuant to chapter 22 . 4 5. The department of natural resources shall develop a 5 program that provides support to local volunteer management 6 efforts to the different programs concerned with water quality. 7 The department shall assist in coordinating and tracking of the 8 volunteer component of these programs to increase efficiency 9 and avoid duplication of efforts in water quality monitoring 10 and watershed improvement. 11 6. The department of natural resources shall provide for 12 activities supporting the analysis of water quality monitoring 13 data for trends and for the preparation and presentation of 14 data to the public. 15 7. The department of natural resources shall contract 16 to assist its staff with the review of national pollutant 17 discharge elimination system permits. 18 8. The department of natural resources shall expand 19 floodplain protection education to better inform local 20 officials that make decisions with regard to floodplain 21 management. 22 9. The department of natural resources shall continue 23 the establishment of an effective and efficient method 24 of developing a total maximum daily load program, based 25 on information gathered on other states’ programs and 26 investigation into alternative methods for satisfying the 27 requirements. 28 Sec. 15. NEW SECTION . 466.7A Water quality analysis. 29 1. The department of natural resources shall provide local 30 watershed managers with geographic information system data for 31 their use in developing, monitoring, and displaying results 32 of their watershed work. The local watershed data shall be 33 considered public records and are accessible to the public 34 pursuant to chapter 22. 35 -9- LSB 6306YC (2) 90 da/ns 9/ 35

H.F. _____ 2. The department of natural resources shall support 1 local volunteer management efforts to the different programs 2 concerned with water quality. The department shall assist 3 in coordinating and tracking of the volunteer component of 4 these programs to increase efficiency and avoid duplication of 5 efforts in water quality monitoring and watershed improvement. 6 3. The department of natural resources shall provide for 7 activities supporting the analysis of water quality monitoring 8 data for trends and for the preparation and presentation of 9 data to the public. 10 4. The department of natural resources shall continue 11 the establishment of an effective and efficient method 12 of developing a total maximum daily load program, based 13 on information gathered on other states’ programs and 14 investigation into alternative methods for satisfying the 15 requirements. 16 Sec. 16. Section 466.9, subsection 1, Code 2024, is amended 17 to read as follows: 18 1. An on-site wastewater systems assistance fund is 19 established as a separate fund in the state treasury under the 20 control of the department of natural resources. Moneys in the 21 fund are appropriated to the department of natural resources 22 for the exclusive purpose of supporting and administering the 23 on-site wastewater systems assistance program as established in 24 section 466.8 467.413 . 25 Sec. 17. REPEAL. Sections 466.1, 466.2, and 466.3, Code 26 2024, are repealed. 27 DIVISION IV 28 SURFACE WATER PROTECTION AND FLOOD MITIGATION ACT 29 PART A 30 GENERAL 31 Sec. 18. Section 466B.2, Code 2024, is amended to read as 32 follows: 33 466B.2 Definitions —— chapter . 34 For the purposes of this chapter , unless the context 35 -10- LSB 6306YC (2) 90 da/ns 10/ 35

H.F. _____ otherwise requires: 1 1. “Council” means the water resources coordinating council 2 created in section 466B.3 . 3 2. 1. “Iowa nutrient reduction strategy” means the same as 4 defined in section 455B.171 . 5 3. “Political subdivision” means any of the following: 6 a. A city. 7 b. A county. 8 c. A soil and water conservation district described in 9 section 161A.5 . 10 d. A benefited recreational lake district or a water quality 11 district or a combined district incorporated as a public entity 12 and organized pursuant to chapter 357E . 13 e. A rural improvement zone established pursuant to chapter 14 357H . 15 4. 2. “Regional watershed” means a watershed of hydrologic 16 unit code scale 8. 17 5. 3. “Subwatershed” means a watershed of hydrologic unit 18 code scale 12 or smaller. 19 6. 4. “Watershed” means a geographic area in which surface 20 water is drained by rivers, streams, or other bodies of water. 21 PART B 22 WATER RESOURCE COORDINATING COUNCIL 23 Sec. 19. NEW SECTION . 466B.2A Definitions —— subchapter. 24 As used in this subchapter, unless the context otherwise 25 requires: 26 1. “Council” means the water resources coordinating council 27 established in section 467.202. 28 2. “Secretary” means the secretary of agriculture. 29 Sec. 20. Section 466B.3, subsection 2, Code 2024, is amended 30 to read as follows: 31 2. Purpose. The purpose of the council shall be to preserve 32 and protect Iowa’s water resources, and to coordinate the 33 management of those resources in a sustainable and fiscally 34 responsible manner. In the pursuit of this purpose, the 35 -11- LSB 6306YC (2) 90 da/ns 11/ 35

H.F. _____ council shall use an integrated approach to water resource 1 management, recognizing that insufficiencies exist in current 2 approaches and practices, as well as in funding sources and 3 the utilization of funds. The integrated approach used by the 4 council shall attempt to overcome old categories, labels, and 5 obstacles with the primary goal of managing the state’s water 6 resources comprehensively rather than compartmentally. 7 Sec. 21. Section 466B.3, subsections 4, 5, and 6, Code 2024, 8 are amended by striking the subsections. 9 Sec. 22. NEW SECTION . 466B.3A Membership, meetings, and 10 quorum. 11 1. The water resources coordinating council shall consist 12 of all of the following members: 13 a. The secretary of agriculture, who shall be the 14 chairperson, or the secretary’s designee. 15 b. The director of the department of natural resources or 16 the director’s designee. 17 c. The director of the division of soil conservation and 18 water quality within the department of agriculture and land 19 stewardship or the director’s designee. 20 d. The director of the department of health and human 21 services or the director’s designee. 22 e. The director of the department of homeland security and 23 emergency management or the director’s designee. 24 f. The dean of the college of agriculture and life sciences 25 at Iowa state university or the dean’s designee. 26 g. The dean of the college of public health at the 27 university of Iowa or the dean’s designee. 28 h. The dean of the college of natural sciences at the 29 university of northern Iowa or the dean’s designee. 30 i. The director of transportation or the director’s 31 designee. 32 j. The director of the economic development authority or the 33 director’s designee. 34 k. The dean of the college of engineering at the university 35 -12- LSB 6306YC (2) 90 da/ns 12/ 35

H.F. _____ of Iowa or the dean’s designee. 1 2. As the chairperson, and in order to further the 2 coordination efforts of the council, the secretary may 3 invite representatives from any other public agency, private 4 organization, business, citizen group, or nonprofit entity to 5 give public input at council meetings, provided the entity has 6 an interest in the coordinated management of land resources, 7 soil conservation, flood mitigation, or water quality. The 8 secretary shall also invite and solicit advice from the 9 following: 10 a. The director of the Iowa water science center of the 11 United States geological survey or the director’s designee. 12 b. The state conservationist from the Iowa office of the 13 United States department of agriculture’s natural resources 14 conservation service or the state conservationist’s designee. 15 c. The state director for Iowa from the United States 16 department of agriculture’s farm services agency or the state 17 director’s designee. 18 d. The state director for Iowa from the United States 19 department of agriculture’s office of rural development or the 20 state director’s designee. 21 e. The director of region seven of the United States 22 environmental protection agency or the director’s designee. 23 f. The corps commander from the United States army corps of 24 engineers’ Rock Island district or the commander’s designee. 25 3. a. The council shall be convened by the secretary at 26 least quarterly. 27 b. A majority of the members fixed by statute shall 28 constitute a quorum, and any action taken by the council must 29 be adopted by a majority of the voting membership. 30 Sec. 23. NEW SECTION . 466B.3B Duties and powers. 31 1. The water resources coordinating council shall engage in 32 the regular coordination of water resource-related functions, 33 including protection strategies, planning, assessment, 34 prioritization, review, concurrence, advocacy, and education. 35 -13- LSB 6306YC (2) 90 da/ns 13/ 35

H.F. _____ 2. In coordinating water resource-related functions, 1 the water resources coordinating council may do all of the 2 following: 3 a. Consider the steps necessary to address the planning, 4 management, and implementation of water resource improvement. 5 b. Identify ways to facilitate communication and 6 participation among all water resource stakeholders, including 7 owners of land in Iowa whether they are residents or not. 8 c. Identify inefficiencies in current programs and recommend 9 ways to eliminate duplicative services. 10 d. Improve the availability and management of water resource 11 information. 12 e. Regularly assess and identify measurable improvements in 13 water quality. 14 f. Develop a protocol which identifies high-priority 15 watersheds, including local and community-based subwatersheds, 16 and which appropriately directs resources to those watersheds. 17 g. Review best available technologies on a regular basis, 18 so that investments of time and program resources can be 19 prioritized and directed to projects that will best and most 20 effectively improve water quality and reduce flood damage 21 within regional and community subwatersheds. 22 h. Review voluntary, performance-based standards for water 23 resource management, land management, and soil conservation. 24 i. Engage in dialogue with, and pursue efforts to make 25 cooperative agreements with, other states when a watershed 26 extends beyond borders of this state. 27 Sec. 24. Section 466B.9, Code 2024, is amended to read as 28 follows: 29 466B.9 Rulemaking authority. 30 The department of natural resources and the department 31 of agriculture and land stewardship and the department of 32 natural resources shall have the power and authority reasonably 33 necessary to carry out the duties imposed by this chapter , 34 including the adoption of rules pursuant to chapter 17A . As to 35 -14- LSB 6306YC (2) 90 da/ns 14/ 35

H.F. _____ the department of natural resources, this includes rulemaking 1 authority to carry out the regional watershed assessment 2 program described in section 466B.5 . As to the department of 3 agriculture and land stewardship, this includes rulemaking 4 authority to assist in the implementation of community-based 5 subwatershed improvement plans. 6 Sec. 25. REPEAL. Sections 466B.4, 466B.5, 466B.6, 466B.7, 7 466B.8, 466B.10, and 466B.11, Code 2024, are repealed. 8 PART C 9 WATERSHED PARTNERSHIPS 10 Sec. 26. Section 466B.21, Code 2024, is amended to read as 11 follows: 12 466B.21 Definitions. 13 As used in this subchapter , unless the context otherwise 14 requires: 15 1. “Authority” means a watershed management authority 16 created pursuant to a chapter 28E agreement as provided in this 17 subchapter . 18 2. 1. “Board” means a board of directors of a watershed 19 management authority the governing body of the watershed 20 partnership as provided in section 467.504 . 21 2. “Partnership” means a watershed partnership created 22 pursuant to section 467.502. 23 3. “Political subdivision” means any of the following: 24 a. A city. 25 b. A county. 26 c. A soil and water conservation district described in 27 section 161A.5. 28 d. A benefited recreational lake district or a water quality 29 district or a combined district incorporated as a public entity 30 and organized pursuant to chapter 357E. 31 e. A rural improvement zone established pursuant to chapter 32 357H. 33 Sec. 27. Section 466B.22, Code 2024, is amended to read as 34 follows: 35 -15- LSB 6306YC (2) 90 da/ns 15/ 35

H.F. _____ 466B.22 Watershed management authorities created partnerships 1 —— establishment . 2 1. Two or more political subdivisions may create establish , 3 by chapter 28E agreement, a watershed management authority 4 partnership pursuant to this subchapter . The participating 5 political subdivisions must be located in the same United 6 States geological survey hydrologic unit code 8 watershed. All 7 political subdivisions within a watershed must be notified 8 within thirty days prior to organization of any watershed 9 management authority partnership within the watershed, and 10 provided the opportunity to participate. 11 2. The chapter 28E agreement shall include a map showing the 12 area and boundaries of the authority watershed partnership’s 13 jurisdiction . 14 3. A political subdivision may participate in more than 15 one authority watershed partnership created pursuant to this 16 subchapter . 17 4. A political subdivision is not required to participate in 18 a watershed management authority partnership or be a party to a 19 chapter 28E agreement under this subchapter . 20 5. If a portion of a United States geological survey 21 hydrologic unit code 8 watershed is located outside of this 22 state, any political subdivision in such a watershed may 23 participate in any watershed management authority partnership 24 which includes the county in which the political subdivision 25 is located. 26 6. A watershed partnership is not a partnership governed 27 under chapter 486A or 488. 28 Sec. 28. Section 466B.23, Code 2024, is amended to read as 29 follows: 30 466B.23 Duties Watershed partnership —— duties . 31 1. A watershed management authority partnership may perform 32 all of the following duties: 33 1. a. Assess the flood risks in the watershed Identify, 34 plan for, and assess options for reducing the risk of floods 35 -16- LSB 6306YC (2) 90 da/ns 16/ 35

H.F. _____ in the watershed . 1 2. Assess the water quality in the watershed. 2 3. Assess options for reducing flood risk and improving 3 water quality in the watershed. 4 4. b. Monitor federal flood risk planning and activities. 5 5. c. Educate residents of the watershed area regarding 6 water quality and flood risks. 7 d. Support and implement water quality projects in the 8 watershed that are consistent with the Iowa nutrient reduction 9 strategy. 10 e. Engage in efforts to maximize efficiency and increase 11 capacity for implementation of water quality practices that are 12 consistent with the Iowa nutrient reduction strategy. 13 6. f. Allocate moneys made available to the authority 14 watershed partnership for purposes of water quality and flood 15 mitigation and water quality . 16 g. Coordinate its undertakings with the department of 17 agriculture and land stewardship, the department of natural 18 resources, councils of governments, public drinking water 19 utilities, and soil and water conservation districts. 20 7. h. Make and enter into contracts and agreements 21 and execute all instruments necessary or incidental to 22 the performance of the duties of the authority watershed 23 partnership . 24 2. A watershed partnership shall not allocate moneys for 25 water quality unless the moneys are expended in a manner that 26 is consistent with the Iowa nutrient reduction strategy or the 27 Iowa storm water management manual published by the department 28 of natural resources. 29 3. A watershed management authority partnership shall not 30 acquire property by eminent domain. 31 Sec. 29. Section 466B.24, Code 2024, is amended to read as 32 follows: 33 466B.24 Board of directors Watershed partnership —— governing 34 body . 35 -17- LSB 6306YC (2) 90 da/ns 17/ 35

H.F. _____ 1. An authority A watershed partnership shall be governed 1 administered by a board of directors joint board as provided in 2 section 28E.6 . Members of a board of directors of an authority 3 shall be divided among the political subdivisions comprising 4 the authority watershed partnership and shall be appointed 5 by the their respective political subdivision’s elected 6 legislative body bodies . 7 2. A board of directors shall consist of one representative 8 of each participating political subdivision. This subsection 9 shall not apply if a chapter 28E agreement under this 10 subchapter provides an alternative board composition method. 11 3. The directors shall serve staggered terms of four years. 12 The initial board shall determine, by lot, the initial terms 13 to be shortened and lengthened, as necessary, to achieve 14 staggered terms. A person appointed to fill a vacancy shall be 15 appointed in the same manner as the original appointment for 16 the duration of the unexpired term. A director is eligible for 17 reappointment. This subsection shall not apply if a chapter 18 28E agreement under this subchapter provides an alternative 19 for the length of term, appointment, and reappointment of 20 directors. 21 4. A board may provide procedures for the removal of a 22 director who fails to attend three consecutive regular meetings 23 of the board. If a director is so removed, a successor shall be 24 appointed for the duration of the unexpired term of the removed 25 director in the same manner as the original appointment. The 26 appointing body may at any time remove a director appointed by 27 it for misfeasance, nonfeasance, or malfeasance in office. 28 5. A board shall adopt bylaws and shall elect one director 29 as chairperson and one director as vice chairperson, each for a 30 term of two years, and shall appoint a secretary who need not 31 be a director. 32 6. A majority of the membership of a board of directors 33 shall constitute a quorum for the purpose of holding a meeting 34 of the board. The affirmative vote of a majority of a quorum 35 -18- LSB 6306YC (2) 90 da/ns 18/ 35

H.F. _____ shall be necessary for any action taken by an authority unless 1 the authority’s bylaws specify those particular actions of the 2 authority requiring a greater number of affirmative votes. A 3 vacancy in the membership of the board shall not impair the 4 rights of a quorum to exercise all the rights and perform all 5 the duties of the authority. 6 Sec. 30. REPEAL. Section 466B.25, Code 2024, is repealed. 7 Sec. 31. TRANSITIONAL PROVISIONS —— APPOINTMENT AND TERMS 8 OF BOARD OF DIRECTORS AND PRIOR ACTIONS BY THE BOARD. 9 1. This division of this Act, and the transfers directed 10 by this Act, shall not affect the appointment or any term of 11 office of an individual who served as a director of a watershed 12 management authority immediately prior to the effective date 13 of this Act and who now serves as a member of a joint board 14 for a watershed partnership. That individual shall continue 15 to serve on the joint board of the watershed partnership until 16 the individual’s term would otherwise expire or the individual 17 is otherwise replaced. 18 2. A watershed partnership which existed as a watershed 19 management authority shall change its name as it appears on 20 all formal documents which are in force and effect as soon as 21 practicable in a cost-effective manner. 22 3. Any affirmative action adopted by a political 23 subdivision creating a watershed management authority under 24 section 466B.22, Code 2024, or the board of directors of a 25 watershed management authority operating under section 466B.24, 26 Code 2024, that is in force and effect immediately prior to the 27 effective date of this Act, shall continue in full force and 28 effect until the earlier of the following: 29 a. It is amended, rescinded, or supplemented by the 30 affirmative action of the watershed partnership. 31 b. It expires by its own terms. 32 PART D 33 WATERSHED PLANNING ADVISORY COUNCIL 34 Sec. 32. REPEAL. Section 466B.31, Code 2024, is repealed. 35 -19- LSB 6306YC (2) 90 da/ns 19/ 35