Senate File 2317 - Reprinted SENATE FILE 2317 BY COMMITTEE ON REBUILD IOWA (SUCCESSOR TO SSB 3189) (As Amended and Passed by the Senate February 18, 2010 ) A BILL FOR An Act authorizing the creation of watershed management 1 authorities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 2317 (5) 83 tm/sc/jh

S.F. 2317 Section 1. NEW SECTION . 28P.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Authority” means a watershed management authority 4 created pursuant to a chapter 28E agreement as provided in this 5 chapter. 6 2. “Board” means a board of directors of a watershed 7 management authority. 8 3. “Political subdivision” means cities, counties, and soil 9 and water conservation districts. 10 Sec. 2. NEW SECTION . 28P.2 Watershed management authorities 11 created. 12 1. Two or more political subdivisions may create, by chapter 13 28E agreement, a watershed management authority pursuant to 14 this chapter. The participating political subdivisions must be 15 located in the same United States geological survey hydrologic 16 unit code 8 watershed. 17 2. The chapter 28E agreement shall include a map showing the 18 area and boundaries of the authority. 19 3. A county or a soil and water conservation district may 20 participate in more than one authority created pursuant to this 21 chapter. 22 4. A political subdivision is not required to participate in 23 a watershed management authority or be a party to a chapter 28E 24 agreement under this chapter. 25 Sec. 3. NEW SECTION . 28P.3 Duties. 26 A watershed management authority may perform all of the 27 following duties: 28 1. Assess the flood risks in the watershed. 29 2. Assess the water quality in the watershed. 30 3. Assess options for reducing flood risk and improving 31 water quality in the watershed. 32 4. Monitor federal flood risk planning and activities. 33 5. Educate residents of the watershed area regarding water 34 quality and flood risks. 35 -1- SF 2317 (5) 83 tm/sc/jh 1/ 3

S.F. 2317 6. Allocate moneys made available to the authority for 1 purposes of water quality and flood mitigation. 2 7. Make and enter into contracts and agreements and execute 3 all instruments necessary or incidental to the performance of 4 the duties of the authority. 5 8. Set rates for dues for participating cities and counties. 6 Dues shall be assessed on a proportional basis based on 7 population, land area, or both, of the participating cities and 8 counties as determined by the authority. 9 Sec. 4. NEW SECTION . 28P.4 Board of directors. 10 1. An authority shall be governed by a board of directors. 11 Members of a board of directors of an authority shall be 12 divided among the political subdivisions comprising the 13 authority and shall be appointed by the respective political 14 subdivision’s elected legislative body. 15 2. Representation on a board and the number of directors 16 comprising a board shall be determined by agreement between the 17 political subdivisions comprising the authority. 18 2A. The composition of the board regarding participating 19 cities and counties shall be based on the proportion of the 20 population of each participating city or county to the total 21 population of the participating cities and counties. Each 22 participating soil and water conservation district shall have 23 at least one director on the board. This subsection shall not 24 apply if a chapter 28E agreement under this chapter provides an 25 alternative board composition method. 26 3. The directors shall serve staggered terms of four years. 27 The initial board shall determine, by lot, the initial terms 28 to be shortened and lengthened, as necessary, to achieve 29 staggered terms. A person appointed to fill a vacancy shall be 30 appointed in the same manner as the original appointment for 31 the duration of the unexpired term. A director is eligible for 32 reappointment. This subsection shall not apply if a chapter 33 28E agreement under this chapter provides an alternative 34 for the length of term, appointment, and reappointment of 35 -2- SF 2317 (5) 83 tm/sc/jh 2/ 3

S.F. 2317 directors. 1 4. A board may provide procedures for the removal of a 2 director who fails to attend three consecutive regular meetings 3 of the board. If a director is so removed, a successor shall be 4 appointed for the duration of the unexpired term of the removed 5 director in the same manner as the original appointment. The 6 appointing body may at any time remove a director appointed by 7 it for misfeasance, nonfeasance, or malfeasance in office. 8 5. A board shall adopt bylaws and shall elect one director 9 as chairperson and one director as vice chairperson, each for a 10 term of two years, and shall appoint a secretary who need not 11 be a director. 12 6. A majority of the membership of a board of directors 13 shall constitute a quorum for the purpose of holding a meeting 14 of the board. The affirmative vote of a majority of a quorum 15 shall be necessary for any action taken by an authority unless 16 the authority’s bylaws specify those particular actions of the 17 authority requiring a greater number of affirmative votes. A 18 vacancy in the membership of the board shall not impair the 19 rights of a quorum to exercise all the rights and perform all 20 the duties of the authority. 21 Sec. 5. NEW SECTION . 28P.5 Activities coordination. 22 In all activities of a watershed management authority, the 23 authority shall coordinate and cooperate with the department 24 of natural resources, the department of agriculture and land 25 stewardship, councils of governments, public drinking water 26 utilities, and soil and water conservation districts. 27 -3- SF 2317 (5) 83 tm/sc/jh 3/ 3