House File 2167 - Introduced HOUSE FILE 2167 BY GEARHART and SITZMANN A BILL FOR An Act providing for a buffer strip program and fund, and 1 making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5149YH (6) 91 da/js
H.F. 2167 Section 1. NEW SECTION . 466B.31 Definitions. 1 1. “Buffer strip” means permanent vegetation that is 2 established and managed adjacent to a waterway to reduce 3 soil erosion and sediment loss, manage nutrients and reduce 4 contributing contaminant loads to receiving surface waters, and 5 improve surface water quality. 6 2. “Division” means the division of soil conservation and 7 water quality created within the department of agriculture and 8 land stewardship pursuant to section 159.5. 9 3. “Waterway” means a river, stream, creek, brook, drainage 10 ditch, or other perennially flowing body of water. 11 Sec. 2. NEW SECTION . 466B.32 Rulemaking. 12 The division shall adopt rules pursuant to chapter 17A 13 as it determines necessary or desirable to administer this 14 subchapter. 15 Sec. 3. NEW SECTION . 466B.33 Buffer strip program. 16 1. The division shall establish and administer a buffer 17 strip program on a statewide basis. 18 2. In administering the program, the division shall enter 19 into agreements with landowners to establish and maintain 20 buffer strips on land enrolled in the program according to 21 criteria established by the division. The criteria may include 22 but is not limited to any of the following: 23 a. The size of the enrolled land. 24 b. The period in which the buffer strip is required to be 25 maintained. 26 c. The current use of the enrolled land. 27 d. The extent to which a landowner incorporates 28 complementary soil and water conservation practices on the 29 enrolled land. 30 e. The extent to which the landowner advertises the 31 landowner’s participation in the program. 32 3. The department shall design a sign for display by 33 landowners participating in the program. The sign, when posted 34 on the landowner’s land, shall clearly notify the traveling 35 -1- LSB 5149YH (6) 91 da/js 1/ 4
H.F. 2167 public that the landowner’s land is enrolled in the program for 1 purposes of restoring and enhancing water quality. 2 4. The program shall be financed on a cost-share basis 3 in which the division and the landowner contribute to the 4 establishment of the buffer strip. The amount contributed by 5 the division may account for the reduction of income incurred 6 by a landowner in the year that the land was enrolled. 7 5. The division may administer the program in conjunction 8 with the in-field infrastructure program created in section 9 466B.43. 10 Sec. 4. NEW SECTION . 466B.34 Buffer strip program fund. 11 1. A buffer strip program fund is created in the state 12 treasury under the management and control of the division. 13 2. The fund shall consist of moneys appropriated to or 14 deposited in the fund. The fund may include other moneys 15 available to and obtained or accepted by the division, 16 including moneys from public or private sources. 17 3. Moneys in the fund are appropriated to the division and 18 shall be used exclusively to carry out the provisions of this 19 subchapter as determined by the division, and shall not require 20 further special authorization by the general assembly. 21 4. a. Notwithstanding section 12C.7, subsection 2, interest 22 or earnings on moneys in the fund shall be credited to the 23 fund. 24 b. Notwithstanding section 8.33, moneys in the fund 25 that remain unencumbered or unobligated at the close of a 26 fiscal year shall not revert but shall remain available for 27 expenditure for the purposes designated. 28 Sec. 5. NEW SECTION . 466B.35 Appropriation. 29 For the fiscal year beginning July 1, 2026, and ending 30 June 30, 2027, and for each fiscal year thereafter, there 31 is appropriated from the general fund of the state to the 32 department of agriculture and land stewardship for deposit 33 in the buffer strip program fund the amount of five million 34 dollars. 35 -2- LSB 5149YH (6) 91 da/js 2/ 4
H.F. 2167 Sec. 6. Section 466B.43, subsection 4, Code 2026, is amended 1 to read as follows: 2 4. a. An in-field infrastructure program is created. The 3 program shall support projects located on agricultural land, 4 which may include demonstration projects, that decrease erosion 5 and precipitation-induced surface runoff, increase water 6 infiltration rates, and increase soil sustainability. The 7 program’s projects shall be limited to infrastructure designed 8 and installed for use over multiple years, including but not 9 limited to structures, terraces, and waterways located on 10 cropland or pastureland, and including but not limited to soil 11 conservation or erosion control structures or managed drainage 12 systems. The program shall be financed on a cost-share basis. 13 b. The division may administer the program in conjunction 14 with the buffer strip program provided in subchapter III. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 GENERAL. This bill amends Code chapter 466B, the “Surface 19 Water Protection and Flood Mitigation Act” (Code section 20 466B.1), which establishes a number of programs to assess and 21 reduce sources of contaminants in surface water sources. 22 BILL’S PROVISIONS —— BUFFER STRIP PROGRAM. The bill 23 establishes a buffer strip program (program) administered by 24 the division of soil conservation and water quality of the 25 department of agriculture and land stewardship (division). 26 The bill authorizes the division to enter into agreements 27 with participating landowners on a cost-share basis in which 28 land is enrolled for purposes of establishing buffer strips 29 adjacent to waterways according to criteria established by 30 the division. The department is required to design a sign 31 for display by landowners participating in the program. The 32 program is financed on a cost-share basis with landowners, 33 which may include compensation for moneys forgone by landowners 34 when agreeing to enroll the land. 35 -3- LSB 5149YH (6) 91 da/js 3/ 4
H.F. 2167 BILL’S PROVISIONS —— FUNDING. The bill creates a buffer 1 strip program fund (fund) under the division’s management 2 and control to finance the program. The bill appropriates 3 $5 million from the general fund to the fund each fiscal year. 4 -4- LSB 5149YH (6) 91 da/js 4/ 4