S.F. 2316 Section 1. NEW SECTION . 455B.197B Storm water best 1 management practices. 2 By December 31, 2010, the department shall develop best 3 management practices for storm water. The practices shall 4 limit water runoff, reduce potential future flood damage, 5 assess the effects of stream channelization, and improve 6 watershed management in terms of both water quality and water 7 quantity. All cities shall consider the best management 8 practices or other comparable management practices in the 9 development and implementation of storm water management 10 ordinances adopted on or after July 1, 2011. 11 Sec. 2. NEW SECTION . 455B.276A Two-tenths percent flood 12 plain —— model ordinance. 13 1. By December 31, 2010, the department, in consultation 14 with the rebuild Iowa office, the division of homeland security 15 and emergency management of the department of public defense, 16 the Iowa league of cities, conservation districts of Iowa, and 17 the Iowa state association of counties, shall develop a model 18 ordinance for the regulation of a two-tenths percent flood 19 plain by political subdivisions. The department shall consider 20 including all of the following in the model ordinance: 21 a. Requirements, if any, for the purchase of flood insurance 22 for property. 23 b. Requirements, if any, for new development or modification 24 or improvement of existing development to mitigate the effects 25 of future flooding. 26 c. The effect of flood control levees. 27 d. The use of fill and offsets required for the use of fill. 28 e. Categories of development that should be prohibited. 29 f. Interaction with regulations by the federal emergency 30 management agency. 31 g. Any other issues that the department finds should be 32 addressed in the model ordinance. 33 2. For purposes of this section, the two-tenths percent 34 flood plain includes a two-tenths percent flood plain 35 -1- SF 2316 (5) 83 tm/rj/jh 1/ 6

S.F. 2316 identified on a flood insurance rate map certified by the 1 federal emergency management agency or, if a certified flood 2 insurance rate map is not available, on a map developed or 3 approved by the department. 4 Sec. 3. NEW SECTION . 455B.276B Critical facilities —— flood 5 plains. 6 1. For purposes of this section, facilities “critical for 7 the health and safety of the public and the environment” include 8 hospitals and health care facilities as defined in section 9 135C.1, jails, and emergency operations centers including fire, 10 police, and rescue facilities. 11 2. Any construction of a new facility, or any substantial 12 modification or improvement of an existing facility, critical 13 for the health and safety of the public and the environment 14 within a two-tenths percent flood plain as identified on a 15 flood insurance rate map certified by the federal emergency 16 management agency or, if a certified flood insurance rate 17 map is not available, on a map developed or approved by the 18 department shall be designed to maintain the operation and 19 function of the facility or the safe cessation of the operation 20 and function of the facility during the occurrence of a 21 two-tenths percent flood as determined by the department or 22 political subdivision. The department or political subdivision 23 may provide a waiver from this requirement if the facility is 24 built in accordance with the requirements of an agreement with 25 the federal emergency management agency. 26 3. Not later than December 31, 2012, the department 27 shall amend its standards under section 455B.173, subsection 28 8, to provide for the safe operation and function, or the 29 safe cessation of the operation and function, of facilities 30 regulated pursuant to that subsection, during the occurrence of 31 a two-tenths percent flood as determined by the department. 32 4. a. This section shall not apply if a two-tenths percent 33 flood plain is not identified on a flood insurance rate map 34 certified by the federal emergency management agency or on a 35 -2- SF 2316 (5) 83 tm/rj/jh 2/ 6

S.F. 2316 map developed or approved by the department. 1 b. This section shall not apply to a facility if an 2 application is pending for an amendment or revision to a 3 flood insurance rate map certified by the federal emergency 4 management agency on the basis that the facility is not within 5 the two-tenths percent flood plain. 6 Sec. 4. NEW SECTION . 466.10 Hydrological tiling study. 7 The department of agriculture and land stewardship shall 8 conduct a hydrological tiling study in conjunction with 9 hydrology experts from the Iowa flood center and Iowa state 10 university of science and technology to determine the impact 11 tile drainage has on infiltration, surface runoff, and flooding 12 and to evaluate the feasibility of seasonal retention of water 13 in tile drained fields as a drainage management strategy. The 14 impact of potholes, wetlands, and water retention structures 15 shall also be considered in the study. 16 Sec. 5. Section 466B.3, subsection 6, paragraph c, Code 17 Supplement 2009, is amended to read as follows: 18 c. The council shall develop recommendations for policies 19 and funding promoting a watershed management approach to 20 reduce the adverse impact of future flooding on this state’s 21 residents, businesses, communities, and soil and water quality. 22 Policy and funding recommendations shall be submitted to the 23 governor and the general assembly not later than November 24 15, 2009. The council shall consider policies and funding 25 options for various strategies to reduce the impact of 26 flooding including but not limited to additional floodplain 27 regulation; wetland protection, restoration, and construction; 28 the promulgation and implementation of statewide storm water 29 management standards; conservation easements and other land 30 management; perennial ground cover and other agricultural 31 conservation practices; pervious pavement, bioswales, and 32 other urban conservation practices; and permanent or temporary 33 water retention structures. In developing recommendations, 34 the council shall consult with hydrological and land use 35 -3- SF 2316 (5) 83 tm/rj/jh 3/ 6

S.F. 2316 experts, representatives of cities, counties, drainage and 1 levee districts, agricultural interests, and soil and water 2 conservation districts, and other urban and regional planning 3 experts. 4 Sec. 6. Section 466B.3, subsection 6, Code Supplement 2009, 5 is amended by adding the following new paragraph: 6 NEW PARAGRAPH . d. The council shall develop recommendations 7 for watershed governance including but not limited to assigning 8 responsibility for assessment of flood risk, assessment and 9 prioritization of options for reducing flood risk, allocation 10 of flood reduction resources, operation of controlled water 11 retention structures, and the purchase of land or easements by 12 cities pursuant to section 364.4. The council shall submit 13 recommendations to the governor and the general assembly not 14 later than November 15, 2010. 15 Sec. 7. Section 466B.4, subsection 2, Code Supplement 2009, 16 is amended to read as follows: 17 2. Marketing campaign. The water resources coordinating 18 council shall develop a marketing campaign to educate Iowans 19 about the need to take personal responsibility for the quality 20 and quantity of water in their local watersheds. The emphasis 21 of the campaign shall be that not only is everyone responsible 22 for clean water, but that everyone benefits from it as well , 23 and that everyone is responsible for and benefits from reducing 24 the risk for flooding and mitigating possible future flood 25 damage . The goals of the campaign shall be to convince Iowans 26 to take personal responsibility for clean water and reducing 27 the risk of flooding and to equip them with the tools necessary 28 to effect change through local water quality improvement 29 projects and better flood plain management and flood risk 30 programs . 31 Sec. 8. NEW SECTION . 466B.10 Multipurpose wetlands. 32 The department of agriculture and land stewardship, in 33 cooperation with the council, may initiate programs to 34 integrate multipurpose wetlands into watersheds with drainage 35 -4- SF 2316 (5) 83 tm/rj/jh 4/ 6

S.F. 2316 districts or larger drainage systems and may prioritize funding 1 for such programs that incorporate a holistic approach. For 2 purposes of this section, integrated wetlands and drainage 3 systems shall provide for nutrient trapping and treatment, more 4 water infiltration and evapotranspiration, greater water runoff 5 retention, and habitat to support biodiversity. 6 Sec. 9. NEW SECTION . 466B.11 Watershed demonstration pilot 7 projects. 8 The department of natural resources and the department of 9 agriculture and land stewardship, in collaboration with the 10 United States department of agriculture’s natural resources 11 conservation service and the Iowa flood center established 12 pursuant to section 466C.1, and in cooperation with the 13 council, shall seek funding to plan, implement, and monitor 14 one or more watershed demonstration pilot projects for urban 15 and rural areas involving a twelve-digit hydrologic unit code 16 subwatershed as defined by the United States geological survey. 17 The pilot projects shall include features that seek to do all 18 of the following: 19 1. Maximize soil water holding capacity from precipitation. 20 2. Minimize severe scour erosion and sand deposition during 21 floods. 22 3. Manage water runoff in uplands under saturated soil 23 moisture conditions. 24 4. Reduce and mitigate structural and nonstructural flood 25 damage. 26 Sec. 10. NEW SECTION . 466B.12 Flood plain managers. 27 The council shall encourage and support the formation of 28 a chapter of the association of state flood plain managers 29 in Iowa that would provide a vehicle for local flood 30 plain managers and flood plain planners to further pursue 31 professional educational opportunities. 32 Sec. 11. NEW SECTION . 466B.13 Flood education. 33 The Iowa state university agricultural extension service, 34 the council, and agency members of the council shall work 35 -5- SF 2316 (5) 83 tm/rj/jh 5/ 6

S.F. 2316 with flood plain and hydrology experts to educate the general 1 public about flood plains, flood risks, and basic flood plain 2 management principles. This educational effort shall include 3 all of the following: 4 1. Developing a statewide soil moisture monitoring network 5 for assessing flood risk through the Iowa water center of Iowa 6 state university of science and technology and the Leopold 7 center for sustainable agriculture established in section 8 266.39, and make extensive use of existing tools and knowledge 9 focused on soil health, specifically the soil conditioning 10 index of the United States department of agriculture’s natural 11 resources conservation service as a common metric for improved 12 agronomic and conservation practices. 13 2. Developing educational materials and programs in 14 consultation with flood plain experts. 15 3. Expanding use of existing integrated farm and land 16 resource management tools to assist planners, landowners, 17 and farmers in planning and creating infiltration systems to 18 accommodate rainfalls of at least one and one-quarter inch and 19 support conservation and business planning. 20 Sec. 12. NEW SECTION . 466B.14 Conservation practice 21 criteria. 22 The department of agriculture and land stewardship, in 23 cooperation with the council, shall work with the United States 24 department of agriculture’s natural resources conservation 25 service to reassess criteria for soil and water conservation 26 practices as defined in section 161A.42 due to changing 27 precipitation patterns and extreme weather events. This shall 28 include all of the following technical standards and manuals: 29 1. The field office technical guide of the natural resources 30 conservation service for conservation criteria. 31 2. The engineering field manual of the natural resources 32 conservation service for design criteria. 33 -6- SF 2316 (5) 83 tm/rj/jh 6/ 6