House File 756 - Reprinted
HOUSE FILE
BY COMMITTEE ON ENVIRONMENTAL
PROTECTION
(SUCCESSOR TO HSB 194)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to regional watershed, land use, and floodplain
2 management policies, and providing for the establishment of a
3 council.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 HF 756
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PAG LIN
1 1 Section 1. NEW SECTION. 28N.1 MISSISSIPPI RIVER
1 2 PARTNERSHIP COUNCIL == FINDINGS.
1 3 The state of Iowa finds and declares all of the following:
1 4 1. The preservation, enhancement, and intelligent use of
1 5 the Mississippi river is in the ecological and economic
1 6 interests of the citizens of the state of Iowa.
1 7 2. The public interest is advanced by the stimulation of
1 8 sustainable economic development initiatives and watershed
1 9 management projects by local, state, and federal agencies,
1 10 local communities, not=for=profit conservation organizations,
1 11 and private landowners and other stakeholders along the
1 12 Mississippi river.
1 13 Sec. 2. NEW SECTION. 28N.2 MISSISSIPPI RIVER PARTNERSHIP
1 14 COUNCIL == ESTABLISHMENT AND PROCEDURES.
1 15 1. A Mississippi river partnership council is established.
1 16 The purpose of the council is to be a forum for city, county,
1 17 state, agriculture, business, conservation, and environmental
1 18 representatives and other stakeholders to discuss matters
1 19 relevant to the health, management, and use of the Mississippi
1 20 river. In furthering its purpose the council may work with
1 21 local communities to develop local and regional strategies,
1 22 and make recommendations to appropriate state and federal
1 23 agencies.
1 24 2. The Mississippi river partnership council may consist
1 25 of all of the following:
1 26 a. One nonvoting person appointed by the governor who
1 27 shall serve as the chairperson of the council.
1 28 b. Six voting members appointed by the governor, each of
1 29 whom shall reside in one of the ten Iowa counties bordering
1 30 the Mississippi river, including all of the following:
1 31 (1) One member representing soil and water conservation
1 32 districts.
1 33 (2) One person representing business.
1 34 (3) One person representing recreational interests.
1 35 (4) One person representing conservation interests.
2 1 (5) One person representing environmental interests.
2 2 (6) One person representing agricultural interests who is
2 3 actively engaged in farming.
2 4 c. Ten voting members appointed by county boards of
2 5 supervisors, one by each of the ten Iowa counties bordering
2 6 the Mississippi river.
2 7 d. Ten voting members appointed by city councils, one each
2 8 by the council of the largest Iowa city adjacent to the
2 9 Mississippi river in each county bordering the river.
2 10 e. Four voting members, each appointed by the heads of the
2 11 following departments:
2 12 (1) The department of agriculture and land stewardship.
2 13 (2) The department of natural resources.
2 14 (3) The department of economic development.
2 15 (4) The department of transportation.
2 16 f. Two members of the senate and two members of the house
2 17 of representatives, serving as ex officio, nonvoting members.
2 18 The members may be appointed, one each by the majority leader
2 19 of the senate, after consultation with the president of the
2 20 senate, and by the minority leader of the senate, and by the
2 21 speaker of the house of representatives, after consultation
2 22 with the majority leader of the house of representatives, and
2 23 by the minority leader of the house of representatives.
2 24 Members shall receive compensation pursuant to section 2.12.
2 25 g. The council may, at its discretion, appoint individuals
2 26 representing federal agencies or other state agencies or
2 27 commissions to serve as ex officio, nonvoting members.
2 28 3. Members of the Mississippi river partnership council,
2 29 other than members of the general assembly, shall be appointed
2 30 to serve for three=year terms. However, among the initial
2 31 appointments, the persons making the appointments of voting
2 32 members shall coordinate appointments of members to serve
2 33 terms for less than three years to ensure staggered terms.
2 34 The persons making the appointments of voting members shall
2 35 also coordinate appointments to meet the requirements of
3 1 sections 69.16 and 69.16A.
3 2 4. The Mississippi river partnership council shall meet at
3 3 least quarterly in one or more Iowa counties bordering the
3 4 Mississippi river during its first three years of existence
3 5 and shall meet at least twice a year in one or more Iowa
3 6 counties bordering the Mississippi river after that time. The
3 7 council shall meet at any time on the call of the chairperson.
3 8 5. A majority of the voting members of the Mississippi
3 9 river partnership council constitutes a quorum. Any action
3 10 taken by the council must be adopted by the affirmative vote
3 11 of a majority of its voting membership.
3 12 6. Until the Mississippi river partnership council
3 13 provides for its permanent staffing and support, the east
3 14 central intergovernmental association, in cooperation with
3 15 councils of governments and county boards of supervisors in
3 16 counties adjacent to the Mississippi river, shall be
3 17 responsible for providing the council with administrative
3 18 support.
3 19 7. The Mississippi river partnership council may adopt
3 20 bylaws and rules of operation consistent with this section.
3 21 8. The Mississippi river partnership council, including
3 22 any of its committees, is a governmental body for purposes of
3 23 chapter 21 and a government body for purposes of chapter 22.
3 24 Sec. 3. NEW SECTION. 28N.3 MISSISSIPPI RIVER PARTNERSHIP
3 25 COUNCIL == POWERS AND DUTIES.
3 26 1. The Mississippi river partnership council may
3 27 collaborate with the water resources coordinating council
3 28 established pursuant to section 466B.3.
3 29 2. a. The Mississippi river partnership council's duties
3 30 shall include all of the following:
3 31 (1) Reviewing activities and programs administered by
3 32 state and federal agencies that directly impact the
3 33 Mississippi river.
3 34 (2) Working with local communities, organizations, and
3 35 other states to encourage partnerships that promote
4 1 sustainable economic development opportunities in counties
4 2 along the Mississippi river; enhance awareness about the river
4 3 and its uses; encourage the protection, restoration, and
4 4 expansion of critical habitats; and promote the adoption of
4 5 soil conservation and water quality best management practices.
4 6 (3) Working with federal agencies to optimize the
4 7 implementation of programs and the expenditure of moneys
4 8 affecting the Mississippi river and counties in Iowa along the
4 9 Mississippi river, including the upper Mississippi river basin
4 10 association and the Mississippi parkway planning commission.
4 11 (4) Advising and making recommendations to the water
4 12 resources coordinating council established in section 466B.3,
4 13 the governor, the general assembly, and state agencies,
4 14 regarding strategic plans and priorities impacting the
4 15 Mississippi river, methods to optimize the implementation of
4 16 associated programs, and the expenditure of moneys affecting
4 17 the river and counties bordering the Mississippi river.
4 18 (5) Encouraging communities in counties bordering the
4 19 Mississippi river to develop watershed management plans for
4 20 their communities to address stormwater, erosion, flooding,
4 21 sedimentation, and pollution problems and encouraging projects
4 22 for the natural conveyance and storage of floodwaters; the
4 23 enhancement of wildlife habitat and outdoor recreation
4 24 opportunities; the recovery, management, and conservation of
4 25 the Mississippi river; and the preservation of farmland,
4 26 prairies, and forests.
4 27 (6) Identifying and promoting opportunities to enhance
4 28 economic development and job creation in communities along the
4 29 Mississippi river, as well as other measurable development
4 30 efforts, which are compatible with the ecological health of
4 31 the Mississippi river and the state.
4 32 (7) Helping identify possible sources of funding for
4 33 watershed management projects and sustainable economic
4 34 development opportunities.
4 35 (8) Functioning as a forum for discussion and providing
5 1 advice or recommendations on matters of public interest that
5 2 are reasonably related to the purpose of the council.
5 3 b. The Mississippi river partnership council shall only
5 4 administer its duties as provided in paragraph "a" within the
5 5 ten Iowa counties bordering the Mississippi river.
5 6 3. The department of agriculture and land stewardship, the
5 7 department of natural resources, the department of economic
5 8 development, and the department of transportation may apply
5 9 for grant moneys or may solicit moneys from sources to support
5 10 the work of the Mississippi river partnership council.
5 11 Sec. 4. Section 466A.2, subsection 2, paragraph c, Code
5 12 2009, is amended by adding the following new subparagraphs:
5 13 NEW SUBPARAGRAPH. (8) Structures and conservation systems
5 14 for the prevention and mitigation of floods within the
5 15 watershed of the project.
5 16 NEW SUBPARAGRAPH. (9) Removal of channels of waterways to
5 17 allow waterways to meander.
5 18 Sec. 5. Section 466A.4, subsection 1, Code 2009, is
5 19 amended to read as follows:
5 20 1. Public water supply utilities, counties, county
5 21 conservation boards, and cities may also be eligible and apply
5 22 for and receive local watershed improvement grants for water
5 23 quality improvement projects. An applicant shall coordinate
5 24 with a local watershed improvement committee or a soil and
5 25 water conservation district and shall include in the
5 26 application a description of existing projects and any
5 27 potential impact the proposed project may have on existing or
5 28 planned water quality improvement projects.
5 29 Sec. 6. Section 466B.1, Code 2009, is amended to read as
5 30 follows:
5 31 466B.1 SHORT TITLE.
5 32 This chapter shall be known and may be cited as the
5 33 "Surface Water Protection and Flood Mitigation Act".
5 34 Sec. 7. Section 466B.3, subsection 3, Code 2009, is
5 35 amended by adding the following new paragraph:
6 1 NEW PARAGRAPH. d. Whether the potential for flood damage
6 2 in each watershed in the state has been reduced.
6 3 Sec. 8. Section 466B.3, subsection 4, paragraph l,
6 4 unnumbered paragraph 1, Code 2009, is amended to read as
6 5 follows:
6 6 The governor, who shall be the chairperson, or the
6 7 governor's designee. As the chairperson, and in order to
6 8 further the coordination efforts of the council, the governor
6 9 may invite representatives from any other public agency,
6 10 private organization, business, citizen group, or nonprofit
6 11 entity to give public input at council meetings provided the
6 12 entity has an interest in the coordinated management of land
6 13 resources, soil conservation, flood mitigation, or water
6 14 quality. The governor shall also invite and solicit advice
6 15 from the following:
6 16 Sec. 9. Section 466B.3, subsection 4, Code 2009, is
6 17 amended by adding the following new paragraph:
6 18 NEW PARAGRAPH. m. The dean of the college of engineering
6 19 at the university of Iowa or the dean's designee.
6 20 NEW PARAGRAPH. n. The director of the rebuild Iowa office
6 21 or the director's designee, until June 30, 2011.
6 22 Sec. 10. Section 466B.3, subsection 6, paragraph b,
6 23 subparagraph (9), Code 2009, is amended to read as follows:
6 24 (9) Review best available technologies on a regular basis,
6 25 so that investments of time and program resources can be
6 26 prioritized and directed to projects that will best and most
6 27 effectively improve water quality and reduce flood damage
6 28 within regional and community subwatersheds.
6 29 Sec. 11. Section 466B.3, subsection 6, Code 2009, is
6 30 amended by adding the following new paragraph:
6 31 NEW PARAGRAPH. c. The council shall develop
6 32 recommendations for policies and funding promoting a watershed
6 33 management approach to reduce the adverse impact of future
6 34 flooding on this state's residents, businesses, communities,
6 35 and soil and water quality. Policy and funding
7 1 recommendations shall be submitted to the governor, the
7 2 general assembly, and the rebuild Iowa office not later than
7 3 November 15, 2009. The council shall consider policies and
7 4 funding options for various strategies to reduce the impact of
7 5 flooding including but not limited to additional flood plain
7 6 regulation; wetland protection, restoration, and construction;
7 7 the promulgation and implementation of statewide storm water
7 8 management standards; conservation easements and other land
7 9 management; perennial ground cover and other agricultural
7 10 conservation practices; pervious pavement, bioswales, and
7 11 other urban conservation practices; and permanent or temporary
7 12 water retention structures. In developing recommendations,
7 13 the council shall consult with the rebuild Iowa office,
7 14 hydrological and land use experts, representatives of cities,
7 15 counties, drainage and levee districts, and soil and water
7 16 conservation districts, and other urban and regional planning
7 17 experts.
7 18 Sec. 12. Section 466B.4, subsection 1, Code 2009, is
7 19 amended by adding the following new paragraph:
7 20 NEW PARAGRAPH. e. The land in watersheds and flood plains
7 21 should be managed to reduce flooding, reduce flood damage,
7 22 ameliorate the effects of drought, improve water quality,
7 23 improve habitat and the natural environment, increase
7 24 renewable energy production, and enhance economic and
7 25 recreational opportunities.
7 26 Sec. 13. IMPLEMENTATION. Sections 28N.1, 28N.2, and 28N.3
7 27 as enacted in this Act, shall be implemented when persons
7 28 appointed by the governor to act on behalf of the Mississippi
7 29 river partnership council have notified the governor that they
7 30 have procured at least twenty=five thousand dollars in funds
7 31 or in=kind services providing for expenses associated with the
7 32 start=up and first=year administration of the council. The
7 33 department of agriculture and land stewardship, the department
7 34 of natural resources, the department of economic development,
7 35 and the state department of transportation may cooperate with
8 1 such persons to facilitate the implementation of sections
8 2 28N.1, 28N.2, and 28N.3, as enacted in this Act.
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