House File 643 - Reprinted HOUSE FILE 643 BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 148) (COMPANION TO LSB 2483SV BY COMMITTEE ON AGRICULTURE) (As Amended and Passed by the House March 23, 2011 ) A BILL FOR An Act relating to environmental protection, by transferring 1 certain powers and duties to the department of agriculture 2 and land stewardship, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 643 (5) 84 da/nh/mb

H.F. 643 DIVISION I 1 WATER RESOURCES COORDINATING COUNCIL 2 Section 1. Section 466B.2, subsection 2, Code 2011, is 3 amended by striking the subsection. 4 Sec. 2. Section 466B.3, subsection 1, Code 2011, is amended 5 to read as follows: 6 1. Council established. A water resources coordinating 7 council is established within the office of the governor 8 department of agriculture and land stewardship . 9 Sec. 3. Section 466B.3, subsection 4, paragraph c, Code 10 2011, is amended by striking the paragraph. 11 Sec. 4. Section 466B.3, subsection 4, paragraph l, 12 unnumbered paragraph 1, Code 2011, is amended to read as 13 follows: 14 The governor secretary , who shall be the chairperson, or 15 the governor’s secretary’s designee. As the chairperson, 16 and in order to further the coordination efforts of the 17 council, the governor secretary may invite representatives 18 from any other public agency, private organization, business, 19 citizen group, or nonprofit entity to give public input at 20 council meetings, provided the entity has an interest in the 21 coordinated management of land resources, soil conservation, 22 flood mitigation, or water quality. The governor secretary 23 shall also invite and solicit advice from the following: 24 Sec. 5. Section 466B.3, subsection 5, paragraph a, Code 25 2011, is amended to read as follows: 26 a. The council shall be convened by the office of the 27 governor secretary of agriculture at least quarterly. 28 Sec. 6. Section 466B.3, subsection 6, paragraph b, Code 29 2011, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (07) Review and assess the water 31 monitoring plan of the department of natural resources and 32 develop a protocol to prioritize the use of the state’s water 33 quality monitoring resources. 34 Sec. 7. Section 466B.3, subsection 6, paragraph c, Code 35 -1- HF 643 (5) 84 da/nh/mb 1/ 10

H.F. 643 2011, is amended to read as follows: 1 c. The council shall develop recommendations for policies 2 and funding promoting a watershed management approach to 3 reduce the adverse impact of future flooding on this state’s 4 residents, businesses, communities, and soil and water quality. 5 Policy and funding recommendations shall be submitted to the 6 governor and the general assembly not later than November 7 15, 2009. The council shall consider policies and funding 8 options for various strategies to reduce the impact of 9 flooding including but not limited to additional floodplain 10 regulation; wetland protection, restoration, and construction; 11 the promulgation and implementation of statewide storm water 12 management standards; conservation easements and other land 13 management; perennial ground cover and other agricultural 14 conservation practices; pervious pavement, bioswales, and 15 other urban conservation practices; and permanent or temporary 16 water retention structures. In developing recommendations, 17 the council shall consult with hydrological and land use 18 experts, representatives of cities, counties, drainage and 19 levee districts, agricultural interests, and soil and water 20 conservation districts, and other urban and regional planning 21 experts. 22 Sec. 8. Section 466B.5, Code 2011, is amended to read as 23 follows: 24 466B.5 Regional watershed assessment, planning, and 25 prioritization. 26 1. Regional watershed assessment program. The department of 27 natural resources shall create a regional watershed assessment 28 program. The program shall assess all the regional watersheds 29 in the state. 30 a. The statewide assessment shall be conducted at the rate 31 of approximately one-fifth of the watersheds per year, and an 32 initial full assessment shall be completed within five years. 33 Thereafter, the department of natural resources shall review 34 and update the assessments on a regular basis. 35 -2- HF 643 (5) 84 da/nh/mb 2/ 10

H.F. 643 b. Each regional watershed assessment shall provide a 1 summary of the overall condition of the watershed. The 2 information provided in the summary may include land use 3 patterns, soil types, slopes, management practices, stream 4 conditions, and both point and nonpoint source impairments. 5 c. In conducting a regional watershed assessment, the 6 department of natural resources may provide opportunities for 7 local data collection and input into the assessment process. 8 2. Planning and prioritization. In conducting the regional 9 watershed assessment program, the department of natural 10 resources shall provide hydrological and geological information 11 sufficient for the water resources coordinating council to 12 prioritize watersheds statewide and for the various communities 13 in those watersheds to plan remedial efforts in their local 14 communities and subwatersheds. 15 3. Report to council. Upon completion of the statewide 16 assessment, and upon updating the assessments, the department 17 of natural resources shall report the results of the assessment 18 to the council and the general assembly, and shall make the 19 report publicly available. 20 Sec. 9. Section 466B.6, subsection 1, Code 2011, is amended 21 to read as follows: 22 1. Facilitation of community-based subwatershed plans. After 23 the department’s department of natural resources’ completion 24 of the initial regional watershed assessment, and after the 25 council’s prioritization of the regional watersheds, the 26 council shall designate one or more of the agencies represented 27 on the council to facilitate the development and implementation 28 of local, community-based subwatershed improvement plans. 29 Sec. 10. Section 466B.7, Code 2011, is amended to read as 30 follows: 31 466B.7 Community-based subwatershed monitoring. 32 1. Monitoring assistance. After completion of the 33 statewide regional watershed assessment and prioritization, 34 and throughout the implementation of local community-based 35 -3- HF 643 (5) 84 da/nh/mb 3/ 10

H.F. 643 subwatershed improvement plans, the department of natural 1 resources shall assist communities with the monitoring and 2 measurement of local subwatersheds. The monitoring and 3 measurement shall be designed for the particular needs of 4 individual communities. 5 2. Data collection and use. Local communities in which 6 the department of natural resources conducts subwatershed 7 monitoring shall use the information to support subwatershed 8 planning activities, do local data collection, and identify 9 priority areas needing additional resources. Local communities 10 shall also collect data over time and use the data to evaluate 11 the impacts of their management efforts. 12 Sec. 11. Section 466B.8, Code 2011, is amended to read as 13 follows: 14 466B.8 Wastewater and storm water infrastructure assessment. 15 The department of natural resources shall assess and 16 prioritize communities within a watershed presenting the 17 greatest level of risk to water quality and the health of 18 residents. This prioritization shall include both sewered and 19 unsewered communities. 20 Sec. 12. Section 466B.9, Code 2011, is amended to read as 21 follows: 22 466B.9 Rulemaking authority. 23 The department of natural resources and the department 24 of agriculture and land stewardship shall have the power and 25 authority reasonably necessary to carry out the duties imposed 26 by this chapter . As to the department of natural resources , 27 this includes rulemaking authority to carry out the regional 28 watershed assessment program described in section 466B.5 . As 29 to the department of agriculture and land stewardship, this 30 includes rulemaking authority to assist in the implementation 31 of community-based subwatershed improvement plans. 32 DIVISION II 33 WATER QUALITY PROTECTION 34 Sec. 13. Section 161A.4, subsection 2, Code 2011, is amended 35 -4- HF 643 (5) 84 da/nh/mb 4/ 10

H.F. 643 by adding the following new paragraph: 1 NEW PARAGRAPH . j. To provide state administration of 2 section 319 of the federal Clean Water Act as defined in 3 section 455B.291. The department of natural resources shall 4 provide assistance in the preparation of the report required 5 pursuant to 33 U.S.C. § 1329. 6 Sec. 14. Section 161C.4, subsection 2, Code 2011, is amended 7 to read as follows: 8 2. The fund shall be divided into two three accounts, 9 the water quality protection projects account , and the water 10 protection practices account , and the clean water account . 11 a. The first water quality protection projects account 12 shall be used to carry out water quality protection projects 13 to protect the state’s surface and groundwater from point and 14 nonpoint sources of contamination. 15 b. The second water protection practices account shall be 16 used to establish water protection practices with individual 17 landowners including but not limited to woodland establishment 18 and protection, establishment of native grasses and forbs, 19 sinkhole management, agricultural drainage well management, 20 streambank stabilization, grass waterway establishment, stream 21 buffer strip establishment, and erosion control structure 22 construction. Twenty-five percent of funds appropriated to 23 the water protection practices account shall be used for 24 woodland establishment and protection, and establishment of 25 native grasses and forbs. Soil and water conservation district 26 commissioners shall give priority to applications for practices 27 that implement their soil and water resource conservation plan. 28 c. The clean water account shall be used for purposes of 29 implementing and administering section 319 of the federal 30 Clean Water Act as defined in section 455B.291. Any moneys 31 appropriated by the general assembly for purposes of providing 32 state administration of section 319 of the federal Clean 33 Water Act as defined in section 455B.291 and any other moneys 34 available to and obtained or accepted by the division for such 35 -5- HF 643 (5) 84 da/nh/mb 5/ 10

H.F. 643 purposes shall be credited to the clean water account. 1 Sec. 15. Section 455B.171, subsection 4, Code 2011, is 2 amended to read as follows: 3 4. “Credible data” means scientifically valid chemical, 4 physical, or biological monitoring data collected under a 5 scientifically accepted sampling and analysis plan, including 6 quality control and quality assurance procedures. Data dated 7 more than five years before the department’s date of listing 8 or other determination under section 455B.194, subsection 1 , 9 by the department of natural resources or the department of 10 agriculture and land stewardship, shall be presumed not to be 11 credible data unless the that department identifies compelling 12 reasons as to why the data is credible. 13 Sec. 16. Section 455B.193, Code 2011, is amended to read as 14 follows: 15 455B.193 Qualifications for collection of credible data. 16 For purposes of this part, all of the following shall apply: 17 1. Data is not credible data unless the data originates 18 from studies and samples collected by the department of 19 natural resources or the department of agriculture and land 20 stewardship , a professional designee of the department one of 21 the departments , or a qualified volunteer. For purposes of 22 this subsection , “professional designee” includes governmental 23 agencies other than one of the department departments , and a 24 person hired by, or under contract for compensation with , one 25 of the department departments to collect or study data. 26 2. All information submitted by a qualified volunteer shall 27 be reviewed and approved or disapproved by the department of 28 natural resources or the department of agriculture and land 29 stewardship . The qualified volunteer shall submit a site 30 specific plan with data which includes information used to 31 obtain the data, the sampling and analysis plan, and quality 32 control and quality assurance procedures used in the monitoring 33 process. The qualified volunteer must provide proof to the 34 applicable department that the water monitoring plan was 35 -6- HF 643 (5) 84 da/nh/mb 6/ 10

H.F. 643 followed. The applicable department shall review all data 1 collected by a qualified volunteer, verify the accuracy of the 2 data collected by a qualified volunteer, and determine that all 3 components of the water monitoring plan were followed. 4 3. The department of natural resources and the department of 5 agriculture and land stewardship shall retain all information 6 submitted by a qualified volunteer submitting the information 7 for a period of not less than ten years from the date of receipt 8 by the department. All information submitted shall be a public 9 record. 10 4. The department of natural resources and the department of 11 agriculture and land stewardship shall adopt rules establishing 12 requirements for a person to become a qualified volunteer. 13 5. The department of natural resources agriculture and 14 land stewardship shall develop a methodology for water quality 15 assessments as used in the section 303(d) lists and assess the 16 validity of the data. 17 Sec. 17. Section 455B.194, subsection 1, unnumbered 18 paragraph 1, Code 2011, is amended to read as follows: 19 The department of natural resources and the department of 20 agriculture and land stewardship shall use credible data when 21 doing any of the following: 22 Sec. 18. Section 455B.195, subsection 1, paragraphs e 23 through i, Code 2011, are amended to read as follows: 24 e. If a pollutant causing an impairment is unknown, the 25 water of the state may be placed on a section 303(d) list. 26 However, the department of natural resources or the department 27 of agriculture and land stewardship, as applicable, shall 28 continue to monitor the water of the state to determine the 29 cause of impairment before a total maximum daily load is 30 established for the water of the state and a water of the state 31 listed with an unknown status shall retain a low priority for 32 a total maximum daily load development until the cause of the 33 impairment is determined unless the department of agriculture 34 and land stewardship , after taking into consideration the use 35 -7- HF 643 (5) 84 da/nh/mb 7/ 10

H.F. 643 of the water of the state and the severity of the pollutant, 1 identifies compelling reasons as to why the water of the state 2 should not have a low priority. 3 f. When evaluating the waters of the state, the department 4 of agriculture and land stewardship shall develop and maintain 5 three separate listings including a section 303(d) list, 6 a section 305(b) report, and a listing for which further 7 investigative monitoring is necessary. The section 305(b) 8 report shall be a summary of all potential impairments for 9 which credible data is not required. If credible data is 10 not required for a section 305(b) report, the placement of a 11 water of the state on any section 305(b) report alone is not 12 sufficient evidence for the water of the state’s placement on 13 any section 303(d) list. When developing a section 303(d) 14 list, the department of agriculture and land stewardship is 15 not required to use all data, but the department it shall 16 assemble and evaluate all existing and readily available water 17 quality-related data and information. The department of 18 agriculture and land stewardship shall provide documentation 19 to the regional administrator of the federal environmental 20 protection agency to support the state’s determination to list 21 or not to list its waters. 22 g. The department of agriculture and land stewardship shall 23 take into consideration any naturally occurring condition when 24 placing or removing any water of the state on any section 25 303(d) list, and establishing or allocating responsibility for 26 a total maximum daily load. 27 h. Numerical standards shall have a preference over 28 narrative standards when determining whether a water of the 29 state is supporting its designated use or other classification . 30 A narrative standard shall not constitute the basis for 31 determining an impairment unless the department of agriculture 32 and land stewardship identifies specific factors as to why a 33 numeric standard is not sufficient to assure adequate water 34 quality. 35 -8- HF 643 (5) 84 da/nh/mb 8/ 10

H.F. 643 i. If the department of natural resources and the department 1 of agriculture and land stewardship, as applicable, has 2 obtained credible data for a water of the state, the department 3 may also use historical data for that particular water of the 4 state for the purpose of determining whether any trends exist 5 for that water of the state. 6 Sec. 19. Section 455B.195, subsection 2, Code 2011, is 7 amended to read as follows: 8 2. This section shall not be construed to require or 9 authorize the department of natural resources or the department 10 of agriculture and land stewardship to perform any act listed 11 in section 455B.194, subsection 1 , not otherwise required or 12 authorized by applicable law. 13 Sec. 20. Section 455B.195, Code 2011, is amended by adding 14 the following new subsections: 15 NEW SUBSECTION . 3. The division of soil conservation 16 of the department of agriculture and land stewardship shall 17 administer, coordinate, and promote voluntary programs to 18 address the total maximum daily loads assigned to nonpoint 19 sources and agricultural sources. The department of natural 20 resources shall implement the waste load allocations assigned 21 to point sources in the total maximum daily load through 22 effluent limits if such sources are required to obtain a 23 national pollutant discharge elimination system permit by 24 section 402 of the federal Clean Water Act as defined in 25 section 455B.291. 26 NEW SUBSECTION . 4. The division of soil conservation of the 27 department of agriculture and land stewardship shall prepare 28 the water quality management plan required by 33 U.S.C. § 1329, 29 and provide the plan, after notice and comment, to the governor 30 for submission to the regional administrator of the United 31 States environmental protection agency. 32 Sec. 21. TRANSITIONAL PROVISIONS. 33 1. The department of natural resources shall cooperate 34 with the department of agriculture and land stewardship to 35 -9- HF 643 (5) 84 da/nh/mb 9/ 10

H.F. 643 assist in the transfer of powers and duties to the department 1 of agriculture and land stewardship, as provided in sections 2 455B.193 through 455B.195, as amended by this Act. 3 2. By August 1, 2011, the department of natural resources 4 shall provide the department of agriculture and land 5 stewardship with copies of any outstanding contracts relating 6 to the administration of any duties addressed in this Act. 7 3. The department of natural resources shall assign and the 8 department of agriculture and land stewardship shall assume all 9 outstanding contracts entered into by the department of natural 10 resources and the United States environmental protection agency 11 related to the use of moneys for purposes of section 319 of the 12 federal Clean Water Act, total maximum daily load development 13 and nonpoint source management plans. Contracts related to 14 enforcement or enforcement investigation are not included under 15 this subsection. 16 Sec. 22. ASSURANCE. The department of natural resources and 17 the department of agriculture and land stewardship shall assure 18 that during the transition period no break shall occur in data 19 collection or monitoring or contracts related to programs 20 transferred by this Act. 21 Sec. 23. EFFECTIVE DATE. This division of this Act takes 22 effect July 1, 2012. 23 -10- HF 643 (5) 84 da/nh/mb 10/ 10