SF 2266 (LSB 6629XS (4) 91)

SENATE FILE 2266

BY  STAED, WINCKLER, QUIRMBACH, DOTZLER, DREY, HARDMAN, ZIMMER, PETERSEN, BENNETT, and WAHLS

A BILL FOR

An Act relating to clean water monitoring by requiring agencies to publish disaggregated data, including data associated with contributions by nonpoint sources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 466B.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Division” means the division of soil conservation and water quality created within the department of agriculture and land stewardship.
    Sec. 2.  Section 466B.3, subsection 4, paragraph b, Code 2026, is amended to read as follows:
   b.  The director of the division of soil conservation and water quality within the department of agriculture and land stewardship or the director’s designee.
    Sec. 3.  NEW SECTION.  466B.12  Disaggregated data reporting.
   In addition to providing and updating reports that include aggregated data regarding surface water quality measurements resulting from monitoring, the department of natural resources and the division shall disaggregate the data to indicate the water quality measurements delineating nonpoint source contributions to designated use segments according to surface water classifications established by the department of natural resources. The department of natural resources and the division shall publish and update water quality reports specifying the disaggregated data on an internet site administered cooperatively by the department of natural resources and the division.
    Sec. 4.  Section 466B.41, subsection 3, Code 2026, is amended by striking the subsection.
    Sec. 5.  Section 466B.49, Code 2026, is amended to read as follows:
   466B.49  Confidentiality.
   1.  Any Except as provided in subsection 2, any information received, collected, or held under this subchapter is a confidential record, and is exempted from public access as provided in section 22.7, if all of the following apply:
   1.  a.  The information is received, collected, or held by a nonprofit organization that conducts nutrient management research, including but not limited to conducting evaluations, assessments, or validations.
   2.  b.  The information identifies any of the following:
   a.  (1)  A person who holds a legal interest in agricultural land or who has previously held a legal interest in agricultural land.
   b.  (2)  A person who is involved or who has previously been involved in managing the agricultural land or producing crops or livestock on the agricultural land.
   c.  (3)  The identifiable location of the agricultural land.
   2.  Subsection 1 does not apply to data collected to delineate a nonpoint source that contributes to a surface water classified as a designated use segment as described in section 466B.12.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of natural resources and the division of soil conservation and water quality within the department of agriculture and land stewardship to disaggregate data regarding surface water quality measurements resulting from monitoring, according to designated use segments established by the department. The disaggregated data must include water quality measurements delineating nonpoint source contributions to designated use segments. A designated use segment refers to a water body that maintains flow throughout the year or contains sufficient pooled areas during intermittent flow periods to maintain a viable aquatic community (567 IAC 61.3). The department and division must publish and update water quality reports specifying the disaggregated data on an internet site administered cooperatively by the two agencies. The bill provides that the data is not subject to confidentiality requirements that otherwise could apply to landowners who operate a crop or livestock operation near a water source.