House File 2458 - Reprinted HOUSE FILE 2458 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 679) (As Amended and Passed by the House April 2, 2014 ) A BILL FOR An Act relating to and making appropriations involving state 1 government entities involved with agriculture, natural 2 resources, and environmental protection, making related 3 statutory changes, providing for eminent domain procedures, 4 and including effective and applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 2458 (4) 85 da/jp/md
H.F. 2458 DIVISION I 1 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 2 GENERAL APPROPRIATION FOR FY 2014-2015 3 Section 1. 2013 Iowa Acts, chapter 132, section 27, is 4 amended to read as follows: 5 SEC. 27. GENERAL FUND —— DEPARTMENT. 6 1. There is appropriated from the general fund of the state 7 to the department of agriculture and land stewardship for the 8 fiscal year beginning July 1, 2014, and ending June 30, 2015, 9 the following amount, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 For purposes of supporting the department, including its 12 divisions, for administration, regulation, and programs; for 13 salaries, support, maintenance, and miscellaneous purposes; and 14 for not more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,790,664 16 17,605,492 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 372.00 18 2. Of the amount appropriated in subsection 1, the following 19 amount is transferred to Iowa state university of science and 20 technology, to be used for the university’s midwest grape and 21 wine industry institute: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 119,000 23 238,000 24 3. The department shall submit a report each quarter of the 25 fiscal year to the legislative services agency, the department 26 of management, the members of the joint appropriations 27 subcommittee on agriculture and natural resources, and the 28 chairpersons and ranking members of the senate and house 29 committees on appropriations. The report shall describe in 30 detail the expenditure of moneys appropriated in this section 31 to support the department’s administration, regulation, and 32 programs. 33 DESIGNATED APPROPRIATIONS 34 MISCELLANEOUS FUNDS 35 -1- HF 2458 (4) 85 da/jp/md 1/ 33
H.F. 2458 Sec. 2. 2013 Iowa Acts, chapter 132, section 28, is amended 1 to read as follows: 2 SEC. 28. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— 3 HORSE AND DOG RACING. There is appropriated from the moneys 4 available under section 99D.13 to the department of agriculture 5 and land stewardship for the fiscal year beginning July 1, 6 2014, and ending June 30, 2015, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 For purposes of supporting the department’s administration 10 and enforcement of horse and dog racing law pursuant to section 11 99D.22 , including for salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 152,758 14 305,516 15 Sec. 3. 2013 Iowa Acts, chapter 132, section 29, is amended 16 to read as follows: 17 SEC. 29. RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR 18 FUEL INSPECTION. There is appropriated from the renewable 19 fuel infrastructure fund created in section 159A.16 to the 20 department of agriculture and land stewardship for the fiscal 21 year beginning July 1, 2014, and ending June 30, 2015, the 22 following amount, or so much thereof as is necessary, to be 23 used for the purposes designated: 24 For purposes of the inspection of motor fuel, including 25 salaries, support, maintenance, and miscellaneous purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 27 500,000 28 The department shall establish and administer programs 29 for the auditing of motor fuel including biofuel processing 30 and production plants, for screening and testing motor fuel, 31 including renewable fuel, and for the inspection of motor fuel 32 sold by dealers including retail dealers who sell and dispense 33 motor fuel from motor fuel pumps. 34 SPECIAL APPROPRIATIONS 35 -2- HF 2458 (4) 85 da/jp/md 2/ 33
H.F. 2458 GENERAL FUND 1 Sec. 4. 2013 Iowa Acts, chapter 132, section 30, is amended 2 to read as follows: 3 SEC. 30. DAIRY REGULATION. There is appropriated from the 4 general fund of the state to the department of agriculture 5 and land stewardship for the fiscal year beginning July 1, 6 2014, and ending June 30, 2015, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 1. For purposes of performing functions pursuant to section 10 192.109 , including conducting a survey of grade “A” milk and 11 certifying the results to the secretary of agriculture: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,598 13 189,196 14 2. Notwithstanding section 8.33 , moneys appropriated in 15 this section that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available to be used for the purposes designated until the 18 close of the succeeding fiscal year. 19 Sec. 5. 2013 Iowa Acts, chapter 132, section 31, is amended 20 to read as follows: 21 SEC. 31. LOCAL FOOD AND FARM PROGRAM. There is appropriated 22 from the general fund of the state to the department of 23 agriculture and land stewardship for the fiscal year beginning 24 July 1, 2014, and ending June 30, 2015, the following amount, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 1. For purposes of supporting the local food and farm 28 program pursuant to chapter 267A : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 30 75,000 31 2. The department shall enter into a cost-sharing agreement 32 with Iowa state university to support the local food and farm 33 program coordinator position as part of the university’s 34 cooperative extension service in agriculture and home economics 35 -3- HF 2458 (4) 85 da/jp/md 3/ 33
H.F. 2458 pursuant to chapter 267A . 1 3. Notwithstanding section 8.33 , moneys appropriated in 2 this section that remain unencumbered or unobligated at the 3 close of the fiscal year shall not revert but shall remain 4 available to be used for the purposes designated until the 5 close of the succeeding fiscal year. 6 Sec. 6. 2013 Iowa Acts, chapter 132, section 32, is amended 7 to read as follows: 8 SEC. 32. AGRICULTURAL EDUCATION. There is appropriated 9 from the general fund of the state to the department of 10 agriculture and land stewardship for the fiscal year beginning 11 July 1, 2014, and ending June 30, 2015, the following amount, 12 or so much thereof as is necessary, to be used for the purposes 13 designated: 14 1. For purposes of allocating moneys to an Iowa association 15 affiliated with a national organization which promotes 16 agricultural education providing for future farmers: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 18 25,000 19 2. Notwithstanding section 8.33 , moneys appropriated for 20 the fiscal year beginning July 1, 2014, in this section that 21 remain unencumbered or unobligated at the close of the fiscal 22 year shall not revert but shall remain available to be used 23 for the purposes designated until the close of the succeeding 24 fiscal year. 25 Sec. 7. 2013 Iowa Acts, chapter 132, section 33, is amended 26 to read as follows: 27 SEC. 33. FARMERS WITH DISABILITIES PROGRAM. 28 1. There is appropriated from the general fund of the state 29 to the department of agriculture and land stewardship for the 30 fiscal year beginning July 1, 2014, and ending June 30, 2015, 31 the following amount, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 For purposes of supporting a program for farmers with 34 disabilities: 35 -4- HF 2458 (4) 85 da/jp/md 4/ 33
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000 1 130,000 2 2. The moneys appropriated in subsection 1 shall be used for 3 the public purpose of providing a grant to a national nonprofit 4 organization with over 80 years of experience in assisting 5 children and adults with disabilities and special needs. 6 a. The moneys shall be used to support a nationally 7 recognized program that began in 1986 and has been replicated 8 in at least 30 other states, but which is not available through 9 any other entity in this state, and that provides assistance 10 to farmers with disabilities in all 99 counties to allow the 11 farmers to remain in their own homes and be gainfully engaged 12 in farming through provision of agricultural worksite and home 13 modification consultations, peer support services, services 14 to families, information and referral, and equipment loan 15 services. 16 b. Notwithstanding section 8.33 , moneys appropriated in 17 this section that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 DIVISION II 22 GENERAL FUND 23 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 24 WATER QUALITY 25 APPROPRIATIONS FOR FY 2014-2015 26 Sec. 8. 2013 Iowa Acts, chapter 132, section 34, is amended 27 to read as follows: 28 SEC. 34. WATER QUALITY INITIATIVE —— GENERAL. 29 1. There is appropriated from the general fund of the state 30 to the department of agriculture and land stewardship for the 31 fiscal year beginning July 1, 2014, and ending June 30, 2015, 32 the following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For deposit in the water quality initiative fund created 35 -5- HF 2458 (4) 85 da/jp/md 5/ 33
H.F. 2458 in section 466B.45 , as enacted by this Act, for purposes of 1 supporting the water quality initiative administered by the 2 soil conservation division as provided in section 466B.42 , as 3 enacted by this Act, including salaries, support, maintenance, 4 miscellaneous purposes, and for not more than the following 5 full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 8 2.00 9 2. a. The moneys appropriated in subsection 1 shall be 10 used to support reducing nutrients projects in subwatersheds 11 as designated by the division that are part of high-priority 12 watersheds identified by the water resources coordinating 13 council established pursuant to section 466B.3 . In supporting 14 reducing nutrients 15 b. The moneys appropriated in subsection 1 shall be used to 16 support projects in watersheds generally, including regional 17 watersheds, as designated by the division and high-priority 18 watersheds identified by the water resources coordinating 19 council established pursuant to section 466B.3. 20 2A. In supporting projects in subwatersheds , the division 21 shall establish and administer demonstration projects as 22 follows and watersheds as provided in subsection 2, all of the 23 following shall apply : 24 a. The demonstration projects shall utilize water quality 25 practices as described in the latest revision of the document 26 entitled “Iowa Nutrient Reduction Strategy” initially presented 27 in November 2012 by the department of agriculture and land 28 stewardship, the department of natural resources, and Iowa 29 state university of science and technology. 30 b. The division shall implement demonstration projects as 31 provided in paragraph “a” by providing for participation by 32 persons who hold a legal interest in agricultural land used in 33 farming. To every extent practical, the division shall provide 34 for collaborative participation by such persons who hold a 35 -6- HF 2458 (4) 85 da/jp/md 6/ 33
H.F. 2458 legal interest in agricultural land located within the same 1 subwatershed. 2 c. The division shall implement a demonstration project on 3 a cost-share basis as determined by the division. However, the 4 state’s share of the amount shall not exceed 50 percent of the 5 estimated cost of establishing the practice as determined by 6 the division or 50 percent of the actual cost of establishing 7 the practice, whichever is less. 8 d. The demonstration projects shall be used to educate other 9 persons about the feasibility and value of establishing similar 10 water quality practices. The division shall promote field day 11 events for purposes of allowing interested persons to establish 12 water quality practices on their agricultural land. 13 e. The division shall conduct water quality evaluations 14 within supported subwatersheds. Within a reasonable period 15 after accumulating information from such evaluations, 16 the division shall create an aggregated database of water 17 quality practices. Any information identifying a person 18 holding a legal interest in agricultural land or specific 19 agricultural land shall be a confidential record under section 20 22.7 received, collected, or held under this section is a 21 confidential record and is exempted from public access pursuant 22 to section 466B.49 as enacted by this 2014 Act . 23 3. The moneys appropriated in subsection 1 shall be used 24 to support education and outreach in a manner that encourages 25 persons who hold a legal interest in agricultural land used for 26 farming to implement water quality practices, including the 27 establishment of such practices in watersheds generally, and 28 not limited to subwatersheds or high-priority watersheds. 29 4. The moneys appropriated in subsection 1 may be used 30 to contract with persons to coordinate the implementation of 31 efforts provided in this section. Not more than $150,000 shall 32 be used to support the administration of this section by a 33 full-time equivalent position. 34 4A. The moneys appropriated in subsection 1 may be used by 35 -7- HF 2458 (4) 85 da/jp/md 7/ 33
H.F. 2458 the department to support urban soil and water conservation 1 efforts, which may include but are not limited to management 2 practices related to bioretention, landscaping, the use of 3 permeable pavement, and soil quality restoration. The moneys 4 shall be allocated on a cost-share basis as provided in chapter 5 161A. 6 5. Notwithstanding any other provision of law to the 7 contrary, the department may use moneys appropriated in 8 subsection 1 to carry out the provisions of this section on a 9 cost-share basis in combination with other moneys appropriated 10 available to the department from the environment first 11 fund created in section 8.57A for cost sharing to match the 12 United States department of agriculture, natural resources 13 conservation service, wetland reserve enhancement program a 14 state or federal source . 15 Sec. 9. 2013 Iowa Acts, chapter 132, section 35, is amended 16 to read as follows: 17 SEC. 35. IOWA NUTRIENT RESEARCH CENTER. 18 1. There is appropriated from the general fund of the state 19 to Iowa state university of science and technology for the 20 fiscal year beginning July 1, 2014, and ending June 30, 2015, 21 the following amount, or so much thereof as is necessary, to be 22 used for the purposes designated: 23 For purposes of supporting an Iowa nutrient research center 24 as established in section 466B.47 , as enacted in this Act: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 26 1,500,000 27 2. Notwithstanding section 8.33 , moneys appropriated in 28 this section that remain unencumbered or unobligated at the 29 close of the fiscal year shall not revert but shall remain 30 available for expenditure for the purposes designated until the 31 close of the fiscal year beginning July 1, 2015. 32 DIVISION III 33 DEPARTMENT OF NATURAL RESOURCES 34 GENERAL APPROPRIATIONS FOR FY 2014-2015 35 -8- HF 2458 (4) 85 da/jp/md 8/ 33
H.F. 2458 Sec. 10. 2013 Iowa Acts, chapter 132, section 37, is amended 1 to read as follows: 2 SEC. 37. GENERAL FUND —— DEPARTMENT. 3 1. There is appropriated from the general fund of the state 4 to the department of natural resources for the fiscal year 5 beginning July 1, 2014, and ending June 30, 2015, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purposes designated: 8 For purposes of supporting the department, including its 9 divisions, for administration, regulation, and programs; for 10 salaries, support, maintenance, and miscellaneous purposes; and 11 for not more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,383,350 13 12,862,307 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,145.95 15 2. Of the number of full-time equivalent positions 16 authorized to the department pursuant to subsection 1, 50.00 17 full-time equivalent positions shall be allocated by the 18 department for seasonal employees for purposes of providing 19 maintenance, upkeep, and sanitary services at state parks. 20 This subsection shall not impact park ranger positions within 21 the department. 22 3. The department shall submit a report each quarter of the 23 fiscal year to the legislative services agency, the department 24 of management, the members of the joint appropriations 25 subcommittee on agriculture and natural resources, and the 26 chairpersons and ranking members of the senate and house 27 committees on appropriations. The report shall describe in 28 detail the expenditure of moneys appropriated under this 29 section to support the department’s administration, regulation, 30 and programs. 31 Sec. 11. 2013 Iowa Acts, chapter 132, section 38, is amended 32 to read as follows: 33 SEC. 38. STATE FISH AND GAME PROTECTION FUND —— REGULATION 34 AND ADVANCEMENT OF OUTDOOR ACTIVITIES. 35 -9- HF 2458 (4) 85 da/jp/md 9/ 33
H.F. 2458 1. There is appropriated from the state fish and game 1 protection fund to the department of natural resources for the 2 fiscal year beginning July 1, 2014, and ending June 30, 2015, 3 the following amount, or so much thereof as is necessary, to be 4 used for the purposes designated: 5 For purposes of supporting the regulation or advancement of 6 hunting, fishing, or trapping, or the protection, propagation, 7 restoration, management, or harvest of fish or wildlife, 8 including for administration, regulation, law enforcement, and 9 programs; and for salaries, support, maintenance, equipment, 10 and miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,539,117 12 41,223,225 13 2. Notwithstanding section 455A.10 , the department may use 14 the unappropriated balance remaining in the state fish and game 15 protection fund to provide for the funding of health and life 16 insurance premium payments from unused sick leave balances of 17 conservation peace officers employed in a protection occupation 18 who retire, pursuant to section 97B.49B . 19 3. Notwithstanding section 455A.10 , the department of 20 natural resources may use the unappropriated balance remaining 21 in the state fish and game protection fund for the fiscal 22 year beginning July 1, 2014, and ending June 30, 2015, as is 23 necessary to fund salary adjustments for departmental employees 24 which the general assembly has made an operating budget 25 appropriation for in subsection 1. 26 Sec. 12. 2013 Iowa Acts, chapter 132, section 39, is amended 27 to read as follows: 28 SEC. 39. GROUNDWATER PROTECTION FUND —— WATER QUALITY. 29 There is appropriated from the groundwater protection fund 30 created in section 455E.11 to the department of natural 31 resources for the fiscal year beginning July 1, 2014, 32 and ending June 30, 2015, from those moneys which are not 33 allocated pursuant to that section, the following amount, or 34 so much thereof as is necessary, to be used for the purposes 35 -10- HF 2458 (4) 85 da/jp/md 10/ 33
H.F. 2458 designated: 1 For purposes of supporting the department’s protection 2 of the state’s groundwater, including for administration, 3 regulation, and programs, and for salaries, support, 4 maintenance, equipment, and miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,727,916 6 3,455,832 7 DESIGNATED APPROPRIATIONS 8 MISCELLANEOUS FUNDS 9 Sec. 13. 2013 Iowa Acts, chapter 132, section 40, is amended 10 to read as follows: 11 SEC. 40. SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM. 12 There is appropriated from the special snowmobile fund created 13 under section 321G.7 to the department of natural resources for 14 the fiscal year beginning July 1, 2014, and ending June 30, 15 2015, the following amount, or so much thereof as is necessary, 16 to be used for the purpose designated: 17 For purposes of administering and enforcing the state 18 snowmobile programs: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 20 100,000 21 Sec. 14. 2013 Iowa Acts, chapter 132, section 41, is amended 22 to read as follows: 23 SEC. 41. UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE 24 TANK SECTION EXPENSES. There is appropriated from the 25 unassigned revenue fund administered by the Iowa comprehensive 26 underground storage tank fund board to the department of 27 natural resources for the fiscal year beginning July 1, 2014, 28 and ending June 30, 2015, the following amount, or so much 29 thereof as is necessary, to be used for the purpose designated: 30 For purposes of paying for administration expenses of the 31 department’s underground storage tank section: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 33 200,000 34 SPECIAL APPROPRIATIONS 35 -11- HF 2458 (4) 85 da/jp/md 11/ 33
H.F. 2458 GENERAL FUND 1 Sec. 15. 2013 Iowa Acts, chapter 132, section 42, is amended 2 to read as follows: 3 SEC. 42. FLOODPLAIN MANAGEMENT AND DAM SAFETY. 4 1. There is appropriated from the general fund of the state 5 to the department of natural resources for the fiscal year 6 beginning July 1, 2014, and ending June 30, 2015, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purpose designated: 9 For purposes of supporting floodplain management and dam 10 safety: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 12 2,000,000 13 2. Of the amount appropriated in subsection 1, up to 14 $340,000 $400,000 may be used by the department to acquire or 15 install stream gages for purposes of tracking and predicting 16 flood events and for compiling necessary data to improve flood 17 frequency analysis. 18 3. Notwithstanding section 8.33 , moneys appropriated in 19 subsection 1 that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for expenditure for the purposes designated until the 22 close of the succeeding fiscal year. 23 Sec. 16. 2013 Iowa Acts, chapter 132, section 43, is amended 24 to read as follows: 25 SEC. 43. FORESTRY HEALTH MANAGEMENT. 26 1. There is appropriated from the general fund of the state 27 to the department of natural resources for the fiscal year 28 beginning July 1, 2014, and ending June 30, 2015, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purposes designated: 31 For purposes of providing for forestry health management 32 programs: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 34 200,000 35 -12- HF 2458 (4) 85 da/jp/md 12/ 33
H.F. 2458 2. Notwithstanding section 8.33 , moneys appropriated in 1 this section that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert but shall remain 3 available to be used for the purposes designated until the 4 close of the succeeding fiscal year. 5 Sec. 17. 2013 Iowa Acts, chapter 132, section 44, is amended 6 to read as follows: 7 SEC. 44. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND. 8 1. There is transferred from the general fund of the state 9 to the loess hills development and conservation fund created in 10 section 161D.2 for the fiscal year beginning July 1, 2014, and 11 ending June 30, 2015, the following amount, or so much thereof 12 as is necessary, to be used for the purposes designated: 13 For supporting the purposes of the fund: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37,500 15 75,000 16 2. a. Of the amount transferred in subsection 1, $28,125 17 $56,250 shall be allocated to the fund’s hungry canyons 18 account. 19 b. Not more than 10 percent of the moneys allocated to the 20 hungry canyons account as provided in paragraph “a” may be used 21 for administrative costs. 22 3. a. Of the amount transferred in subsection 1, $9,375 23 $18,750 shall be allocated to the fund’s loess hills alliance 24 account. 25 b. Not more than 10 percent of the moneys allocated to the 26 loess hills alliance account as provided in paragraph “a” may 27 be used for administrative costs. 28 4. Moneys deposited to the loess hills development and 29 conservation fund and its accounts for the fiscal year are 30 appropriated to the authority to be used as provided by law. 31 DIVISION IV 32 IOWA STATE UNIVERSITY 33 SPECIAL GENERAL FUND APPROPRIATION FOR FY 2014-2015 34 Sec. 18. 2013 Iowa Acts, chapter 132, section 45, is amended 35 -13- HF 2458 (4) 85 da/jp/md 13/ 33
H.F. 2458 to read as follows: 1 SEC. 45. VETERINARY DIAGNOSTIC LABORATORY. 2 1. There is appropriated from the general fund of the state 3 to Iowa state university of science and technology for the 4 fiscal year beginning July 1, 2014, and ending June 30, 2015, 5 the following amount, or so much thereof as is necessary, to be 6 used for the purposes designated: 7 For purposes of supporting the college of veterinary 8 medicine for the operation of the veterinary diagnostic 9 laboratory and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,881,318 12 4,000,000 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 50.00 14 51.00 15 2. a. Iowa state university of science and technology 16 shall not reduce the amount that it allocates to support the 17 college of veterinary medicine from any other source due to the 18 appropriation made in this section. 19 b. Paragraph “a” does not apply to a reduction made to 20 support the college of veterinary medicine, if the same 21 percentage of reduction imposed on the college of veterinary 22 medicine is also imposed on all of Iowa state university’s 23 budget units. 24 3. If by June 30, 2015, Iowa state university of science and 25 technology fails to allocate the moneys appropriated in this 26 section to the college of veterinary medicine in accordance 27 with this section, the moneys appropriated in this section for 28 that fiscal year shall revert to the general fund of the state. 29 DIVISION V 30 ENVIRONMENT FIRST FUND 31 GENERAL APPROPRIATIONS FOR FY 2014-2015 32 Sec. 19. 2013 Iowa Acts, chapter 132, section 47, is amended 33 to read as follows: 34 SEC. 47. DEPARTMENT OF AGRICULTURE AND LAND 35 -14- HF 2458 (4) 85 da/jp/md 14/ 33
H.F. 2458 STEWARDSHIP. There is appropriated from the environment first 1 fund created in section 8.57A to the department of agriculture 2 and land stewardship for the fiscal year beginning July 1, 3 2014, and ending June 30, 2015, the following amounts, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) 7 a. For the conservation reserve enhancement program to 8 restore and construct wetlands for the purposes of intercepting 9 tile line runoff, reducing nutrient loss, improving water 10 quality, and enhancing agricultural production practices: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 12 1,000,000 13 b. Not more than 10 percent of the moneys appropriated 14 in paragraph “a” may be used for costs of administration and 15 implementation of soil and water conservation practices. 16 c. Notwithstanding any other provision in law, the 17 department may provide state resources from this appropriation, 18 in combination with other appropriate environment first 19 fund appropriations, for cost sharing to match United States 20 department of agriculture, natural resources conservation 21 service, wetlands reserve enhancement program (WREP) funding 22 available to Iowa. 23 2. WATERSHED PROTECTION 24 a. For continuation of a program that provides 25 multiobjective resource protections for flood control, water 26 quality, erosion control, and natural resource conservation: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450,000 28 900,000 29 b. Not more than 10 percent of the moneys appropriated 30 in paragraph “a” may be used for costs of administration and 31 implementation of soil and water conservation practices. 32 3. FARM MANAGEMENT DEMONSTRATION PROGRAM 33 a. For continuation of a statewide voluntary farm 34 management demonstration program to demonstrate the 35 -15- HF 2458 (4) 85 da/jp/md 15/ 33
H.F. 2458 effectiveness and adaptability of emerging practices in 1 agronomy that protect water resources and provide other 2 environmental benefits: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 312,500 4 625,000 5 b. Not more than 10 percent of the moneys appropriated 6 in paragraph “a” may be used for costs of administration and 7 implementation of soil and water conservation practices. 8 c. Of the amount appropriated in paragraph “a”, $200,000 9 $400,000 shall be allocated to an organization representing 10 soybean growers to provide for an agriculture and environment 11 performance program in order to carry out the purposes of this 12 subsection as specified in paragraph “a”. 13 4. SOIL AND WATER CONSERVATION —— ADMINISTRATION 14 For use by the department for costs of administration and 15 implementation of soil and water conservation practices: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,275,000 17 2,550,000 18 5. CONSERVATION RESERVE PROGRAM (CRP) 19 a. To encourage and assist farmers in enrolling in and the 20 implementation of the federal conservation reserve program and 21 to work with them to enhance their revegetation efforts to 22 improve water quality and habitat: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 24 1,000,000 25 b. Not more than 10 percent of the moneys appropriated 26 in paragraph “a” may be used for costs of administration and 27 implementation of soil and water conservation practices. 28 6. SOIL AND WATER CONSERVATION 29 a. For use by the department in providing for soil and 30 water conservation administration, the conservation of soil and 31 water resources, or the support of soil and water conservation 32 district commissioners: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,325,000 34 7,375,000 35 -16- HF 2458 (4) 85 da/jp/md 16/ 33
H.F. 2458 b. Not more than 5 percent of the moneys appropriated in 1 paragraph “a” may be allocated for cost sharing to address 2 complaints filed under section 161A.47 . 3 c. Of the moneys appropriated in paragraph “a”, 5 percent 4 shall be allocated for financial incentives to establish 5 practices to protect watersheds above publicly owned lakes of 6 the state from soil erosion and sediment as provided in section 7 161A.73 . 8 d. Not more than 30 percent of a soil and water conservation 9 district’s allocation of moneys as financial incentives may be 10 provided for the purpose of establishing management practices 11 to control soil erosion on land that is row cropped, including 12 but not limited to no-till planting, ridge-till planting, 13 contouring, and contour strip-cropping as provided in section 14 161A.73 . 15 e. The state soil conservation committee established by 16 section 161A.4 may allocate moneys appropriated in paragraph 17 “a” to conduct research and demonstration projects to promote 18 conservation tillage and nonpoint source pollution control 19 practices. 20 f. The allocation of moneys as financial incentives as 21 provided in section 161A.73 may be used in combination with 22 moneys allocated by the department of natural resources. 23 g. Not more than 15 percent of the moneys appropriated 24 in paragraph “a” may be used for costs of administration and 25 implementation of soil and water conservation practices. 26 h. In lieu of moneys appropriated in section 466A.5 , 27 not more than $25,000 $50,000 of the moneys appropriated in 28 paragraph “a” shall be used by the soil conservation division 29 of the department of agriculture and land stewardship to 30 provide administrative support to the watershed improvement 31 review board established in section 466A.3 . 32 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND 33 a. For deposit in the loess hills development and 34 conservation fund created in section 161D.2 : 35 -17- HF 2458 (4) 85 da/jp/md 17/ 33
H.F. 2458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 262,500 1 800,000 2 b. (1) Of the amount appropriated in paragraph “a”, 3 $196,875 $600,000 shall be allocated to the fund’s hungry 4 canyons account. 5 (2) Not more than 10 percent of the moneys allocated to the 6 hungry canyons account as provided in subparagraph (1) may be 7 used for administrative costs. 8 c. (1) Of the amount appropriated in paragraph “a”, $65,625 9 $200,000 shall be allocated to the fund’s loess hills alliance 10 account. 11 (2) Not more than 10 percent of the moneys allocated to the 12 loess hills alliance account as provided in subparagraph (1) 13 may be used for administrative costs. 14 8. AGRICULTURAL DRAINAGE WELL WATER QUALITY ASSISTANCE FUND 15 For deposit in the agricultural drainage well water quality 16 assistance fund created in section 460.303 to be used for 17 purposes of supporting the agricultural drainage well water 18 quality assistance program as provided in section 460.304: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 550,000 20 9. SILOS AND SMOKESTACKS 21 For purposes of supporting the silos and smokestacks 22 national heritage area to provide continued agricultural 23 education and preservation: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 25 Sec. 20. 2013 Iowa Acts, chapter 132, section 48, is amended 26 to read as follows: 27 SEC. 48. DEPARTMENT OF NATURAL RESOURCES. There is 28 appropriated from the environment first fund created in section 29 8.57A to the department of natural resources for the fiscal 30 year beginning July 1, 2014, and ending June 30, 2015, the 31 following amounts, or so much thereof as is necessary, to be 32 used for the purposes designated: 33 1. KEEPERS OF THE LAND 34 For statewide coordination of volunteer efforts under the 35 -18- HF 2458 (4) 85 da/jp/md 18/ 33
H.F. 2458 water quality and keepers of the land programs: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 2 100,000 3 2. STATE PARKS MAINTENANCE AND OPERATIONS 4 For regular maintenance and operations of state parks and 5 staff time associated with these activities: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,180,000 7 4,610,000 8 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) 9 To provide local watershed managers with geographic 10 information system data for their use in developing, 11 monitoring, and displaying results of their watershed work: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,500 13 195,000 14 4. WATER QUALITY MONITORING 15 For continuing the establishment and operation of water 16 quality monitoring stations: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,477,500 18 2,955,000 19 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT 20 For deposit in the public water supply system account of the 21 water quality protection fund created in section 455B.183A : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 23 500,000 24 6. REGULATION OF ANIMAL FEEDING OPERATIONS 25 For the regulation of animal feeding operations, including 26 as provided for in chapters 459 through 459B : 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 660,000 28 1,320,000 29 7. AMBIENT AIR QUALITY 30 For the abatement, control, and prevention of ambient 31 air pollution in this state, including measures as necessary 32 to assure attainment and maintenance of ambient air quality 33 standards from particulate matter: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 212,500 35 -19- HF 2458 (4) 85 da/jp/md 19/ 33
H.F. 2458 425,000 1 8. WATER QUANTITY REGULATION 2 For regulating water quantity from surface and subsurface 3 sources by providing for the allocation and use of water 4 resources, the protection and management of water resources, 5 and the preclusion of conflicts among users of water resources, 6 including as provided in chapter 455B, division III, part 4: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 247,500 8 495,000 9 9. GEOLOGICAL AND WATER SURVEY 10 For continuing the operations of the department’s geological 11 and water survey including but not limited to providing 12 analysis, data collection, investigative programs, and 13 information for water supply development and protection: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 15 200,000 16 10. KEEP IOWA BEAUTIFUL INITIATIVE 17 For purposes of supporting a keep Iowa beautiful initiative 18 in order to assist communities in developing and implementing 19 beautification and community development plans: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 21 200,000 22 Sec. 21. 2013 Iowa Acts, chapter 132, section 49, is amended 23 to read as follows: 24 SEC. 49. REVERSION. 25 1. Notwithstanding Except as provided in subsection 2, 26 and notwithstanding section 8.33 , moneys appropriated for the 27 fiscal year beginning July 1, 2014, in this division of this 28 Act that remain unencumbered or unobligated at the close of the 29 fiscal year shall not revert but shall remain available to be 30 used for the purposes designated until the close of the fiscal 31 year beginning July 1, 2015, or until the project for which the 32 appropriation was made is completed, whichever is earlier. 33 2. Notwithstanding section 8.33, moneys appropriated for 34 the fiscal year beginning July 1, 2014, in this division of 35 -20- HF 2458 (4) 85 da/jp/md 20/ 33
H.F. 2458 this Act to the department of agriculture and land stewardship 1 to provide financial assistance for the establishment of 2 permanent soil and water conservation practices that remain 3 unencumbered or unobligated at the close of the fiscal year 4 shall not revert but shall remain available for expenditure 5 for the purposes designated until the close of the fiscal year 6 beginning July 1, 2017. 7 DIVISION VI 8 ENVIRONMENT FIRST FUND 9 SPECIAL APPROPRIATION FOR FY 2014-2015 10 Sec. 22. 2013 Iowa Acts, chapter 132, is amended by adding 11 the following new section: 12 NEW SECTION . SEC. 64. REAP —— IN LIEU OF GENERAL FUND 13 APPROPRIATION. Notwithstanding the amount of the standing 14 appropriation from the general fund of the state to the Iowa 15 resources enhancement and protection fund as provided in 16 section 455A.18, there is appropriated from the environment 17 first fund created in section 8.57A to the Iowa resources 18 enhancement and protection fund, in lieu of the appropriation 19 made in section 455A.18, for the fiscal year beginning July 1, 20 2014, and ending June 30, 2015, the following amount, to be 21 allocated as provided in section 455A.19: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,000,000 23 DIVISION VII 24 SOIL AND WATER CONSERVATION PRACTICES 25 REVERSION OF APPROPRIATIONS FOR FY 2013-2014 26 Sec. 23. 2013 Iowa Acts, chapter 132, section 25, is amended 27 to read as follows: 28 SEC. 25. REVERSION. 29 1. Notwithstanding Except as provided in subsection 2, 30 and notwithstanding section 8.33 , moneys appropriated for the 31 fiscal year beginning July 1, 2013, in this division of this 32 Act that remain unencumbered or unobligated at the close of 33 the fiscal year shall not revert but shall remain available 34 to be used for the purposes designated until the close of the 35 -21- HF 2458 (4) 85 da/jp/md 21/ 33
H.F. 2458 succeeding fiscal year or until the project for which the 1 appropriation was made is completed, whichever is earlier. 2 2. Notwithstanding section 8.33, moneys appropriated for 3 the fiscal year beginning July 1, 2013, in this division of 4 this Act to the department of agriculture and land stewardship 5 to provide financial assistance for the establishment of 6 permanent soil and water conservation practices that remain 7 unencumbered or unobligated at the close of the fiscal year 8 shall not revert but shall remain available for expenditure 9 for the purposes designated until the close of the fiscal year 10 beginning July 1, 2016. 11 DIVISION VIII 12 REAP —— OPEN SPACES ACCOUNT 13 SPECIAL APPROPRIATION FOR FY 2013-2014 14 Sec. 24. 2013 Iowa Acts, chapter 132, is amended by adding 15 the following new section: 16 NEW SECTION . SEC. 65. SPECIAL APPROPRIATION. 17 1. Notwithstanding section 455A.19, subsection 1, paragraph 18 “a”, there is appropriated from the open spaces account of 19 the Iowa resources enhancement and protection fund to the 20 department of natural resources for the fiscal year beginning 21 July 1, 2013, and ending June 30, 2014, the following amount, 22 or so much thereof as is necessary, to be used for the purposes 23 designated: 24 For purposes of supporting the regular maintenance and 25 operations of state parks and staff time associated with these 26 activities: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 28 2. The moneys appropriated in subsection 1 shall be expended 29 on or after the effective date of this division of this Act 30 prior to the expenditure of any unobligated moneys remaining in 31 the open spaces account. 32 3. Notwithstanding section 455A.19, subsection 2, any 33 moneys appropriated in this section that remain unexpended 34 or unobligated at the close of the fiscal year beginning 35 -22- HF 2458 (4) 85 da/jp/md 22/ 33
H.F. 2458 July 1, 2013, shall revert to the Iowa resources enhancement 1 and protection fund created pursuant to section 455A.18 for 2 allocation to accounts other than the open spaces account as 3 provided in section 455A.19. 4 Sec. 25. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 DIVISION IX 8 REAP —— OPEN SPACES ACCOUNT 9 SPECIAL APPROPRIATIONS FOR FY 2014-2015 10 Sec. 26. 2013 Iowa Acts, chapter 132, is amended by adding 11 the following new section: 12 NEW SECTION . SEC. 66. SPECIAL APPROPRIATIONS. 13 1. Notwithstanding section 455A.19, subsection 1, paragraph 14 “a”, there is appropriated from the open spaces account of 15 the Iowa resources enhancement and protection fund to the 16 department of natural resources for the fiscal year beginning 17 July 1, 2014, and ending June 30, 2015, the following amount, 18 or so much thereof as is necessary, to be used for the purposes 19 designated: 20 a. For purposes of supporting the regular maintenance and 21 operations of state parks and staff time associated with these 22 activities: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 24 b. For purposes of providing for forestry health management 25 programs: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 27 2. The moneys appropriated in subsection 1 shall be expended 28 on or after the effective date of this division of this Act 29 prior to the expenditure or obligation of any moneys allocated 30 to the account on or after the effective date of this division 31 of this Act. 32 3. Notwithstanding section 455A.19, subsection 2, any 33 moneys appropriated in this section that remain unexpended 34 or unobligated at the close of the fiscal year beginning 35 -23- HF 2458 (4) 85 da/jp/md 23/ 33
H.F. 2458 July 1, 2014, shall revert to the Iowa resources enhancement 1 and protection fund created pursuant to section 455A.18 for 2 allocation to accounts other than the open spaces account as 3 provided in section 455A.19. 4 DIVISION X 5 RELATED STATUTORY CHANGES 6 DNR —— PURCHASE OF RADIOS 7 Sec. 27. 2011 Iowa Acts, chapter 128, section 19, subsection 8 1, as amended by 2012 Iowa Acts, chapter 1135, section 15, as 9 amended by 2013 Iowa Acts, chapter 132, section 51, is amended 10 to read as follows: 11 SEC. 19. USE OF MONEYS —— RADIOS. 12 1. Notwithstanding 2010 Iowa Acts, chapter 1191, section 7, 13 the department of natural resources may use the unappropriated 14 balance remaining in the state fish and game protection fund 15 for the fiscal year beginning July 1, 2010, and ending June 16 30, 2011, to purchase mobile radios to meet federal and state 17 requirements for homeland security and public safety. This 18 section applies to those moneys in the fund that are not 19 otherwise used, obligated, or encumbered for payment of health 20 and life insurance premium payments for conservation peace 21 officer retirements for that fiscal year. The department may 22 use such moneys until June 30, 2014 2015 . 23 Sec. 28. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 DIVISION XI 27 PERSONAL SETTLEMENT AGREEMENT PAYMENTS 28 Sec. 29. PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. As 29 a condition made to any appropriation to the department of 30 agriculture and land stewardship, the department of natural 31 resources, or Iowa state university as provided in this Act, 32 moneys appropriated and any other moneys available for use by 33 that entity under this Act shall not be used for the payment 34 of a personnel settlement agreement between that entity and 35 -24- HF 2458 (4) 85 da/jp/md 24/ 33
H.F. 2458 a state employee that contains a confidentiality provision 1 intended to prevent public disclosure of the agreement or any 2 terms of the agreement. 3 DIVISION XII 4 RELATED STATUTORY CHANGES 5 DNR —— MANURE MANAGEMENT CERTIFICATION 6 Sec. 30. 2013 Iowa Acts, chapter 132, section 17, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION . 2A. Notwithstanding section 8.33, moneys 9 appropriated in subsection 1 that remain unencumbered or 10 unobligated at the close of the fiscal year beginning July 11 1, 2013, shall not revert but shall remain available for 12 expenditure for the purposes designated until the close of the 13 fiscal year beginning July 1, 2014. 14 Sec. 31. EFFECTIVE UPON ENACTMENT. This division of this 15 Act, being deemed of immediate importance, takes effect upon 16 enactment. 17 DIVISION XIII 18 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 19 WATER QUALITY INITIATIVE —— CONFIDENTIALITY 20 Sec. 32. Section 466B.47, subsection 5, Code 2014, is 21 amended by striking the subsection. 22 Sec. 33. NEW SECTION . 466B.49 Confidentiality of 23 information. 24 Any information received, collected, or held under this 25 subchapter is a confidential record, and is exempted from 26 public access as provided in section 22.7, if all of the 27 following apply: 28 1. The information is received, collected, or held by any 29 of the following: 30 a. The center. 31 b. A nonprofit organization that conducts nutrient 32 management research, including but not limited to conducting 33 evaluations, assessments, or validations. 34 2. The information identifies any of the following: 35 -25- HF 2458 (4) 85 da/jp/md 25/ 33
H.F. 2458 a. A person who holds a legal interest in agricultural land 1 or who has previously held a legal interest in agricultural 2 land. 3 b. A person who is involved or who has previously been 4 involved in managing the agricultural land or producing crops 5 or livestock on the agricultural land. 6 c. The identifiable location of the agricultural land. 7 Sec. 34. EFFECTIVE UPON ENACTMENT. This division of this 8 Act, being deemed of immediate importance, takes effect upon 9 enactment. 10 DIVISION XIV 11 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 12 REAP RESTRICTIONS ON OPEN SPACES ACCOUNT 13 Sec. 35. Section 455A.19, subsection 1, paragraph a, Code 14 2014, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (4) The department shall not acquire 16 any interest in land using moneys allocated to the open spaces 17 account under this paragraph “a” by exercising the power of 18 eminent domain, including as provided in chapters 6A and 6B. 19 Sec. 36. PENDING EMINENT DOMAIN PROCEEDINGS 20 TERMINATED. Any proceeding commenced by the state and pending 21 on the effective date of this division of this Act to acquire 22 any interest in land using moneys allocated to the open spaces 23 account under section 455A.19, subsection 1, paragraph “a”, by 24 exercising the power of eminent domain, including as provided 25 in chapters 6A and 6B, shall be immediately terminated. 26 Sec. 37. APPROPRIATION MADE CONTINGENT. All unencumbered 27 and unobligated moneys appropriated to the department of 28 natural resources from the general fund of the state under 29 2013 Iowa Acts, chapter 132, section 37, as amended in this 30 2014 Iowa Act, shall immediately revert to the general fund of 31 the state if the department uses moneys allocated to the open 32 spaces account under section 455A.19, subsection 1, paragraph 33 “a”, to acquire any interest in land by exercising the power of 34 eminent domain, including as provided in chapters 6A and 6B. 35 -26- HF 2458 (4) 85 da/jp/md 26/ 33
H.F. 2458 Sec. 38. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 DIVISION XV 4 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 LOESS HILLS 5 AUTHORITY AND ALLIANCE 6 Sec. 39. NEW SECTION . 161D.9 Restriction. 7 The loess hills development and conservation authority 8 or the board of directors of the loess hills alliance shall 9 not enter into any agreement with a local government or the 10 state or federal government if the agreement regulates, on an 11 involuntary basis, the action of a private landowner or the use 12 of a private landowner’s land. 13 Sec. 40. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION XVI 17 RELATED STATUTORY CHANGES FOR CODIFICATION IN 2014 18 EMINENT DOMAIN 19 Sec. 41. NEW SECTION . 6A.15 Property on state historic 20 registry. 21 1. Property listed on the state register of historic places 22 maintained by the historical division of the department of 23 cultural affairs shall not be removed from the register solely 24 for the purpose of allowing acquisition of the property by 25 condemnation, unless such condemnation is undertaken by the 26 department of transportation. 27 2. Property listed on the state register of historic places 28 maintained by the historical division of the department of 29 cultural affairs shall not be condemned by the state or a 30 political subdivision unless a joint resolution authorizing 31 commencement of the condemnation proceedings is approved by a 32 vote of at least two-thirds of the members of both chambers of 33 the general assembly and signed by the governor. The approval 34 requirements of this subsection shall not apply to condemnation 35 -27- HF 2458 (4) 85 da/jp/md 27/ 33
H.F. 2458 undertaken by the department of transportation. 1 Sec. 42. Section 6A.22, subsection 2, paragraph c, 2 subparagraph (1), Code 2014, is amended to read as follows: 3 (1) (a) If private property is to be condemned for 4 development or creation of a lake, only that number of acres 5 justified as reasonable and necessary for a surface drinking 6 water source, and not otherwise acquired, may be condemned. 7 In addition, the acquiring agency shall conduct a review of 8 prudent and feasible alternatives to provision of a drinking 9 water source prior to making a determination that such 10 lake development or creation is reasonable and necessary. 11 Development or creation of a lake as a surface drinking water 12 source includes all of the following: 13 (i) Construction of the dam, including sites for suitable 14 borrow material and the auxiliary spillway. 15 (ii) The water supply pool. 16 (iii) The sediment pool. 17 (iv) The flood control pool. 18 (v) The floodwater retarding pool. 19 (vi) The surrounding area upstream of the dam no higher in 20 elevation than the top of the dam’s elevation. 21 (vii) The appropriate setback distance required by state or 22 federal laws and regulations to protect drinking water supply. 23 (b) For purposes of this subparagraph (1), “number of acres 24 justified as reasonable and necessary for a surface drinking 25 water source” means according to guidelines of the United 26 States natural resource conservation service and according to 27 analyses of surface drinking water capacity needs conducted by 28 one or more registered professional engineers. The registered 29 professional engineers may, if appropriate, employ standards 30 or guidelines other than the guidelines of the United States 31 natural resource conservation service when determining the 32 number of acres justified as reasonable and necessary for 33 a surface drinking water source. The data and information 34 used by the registered professional engineers shall include 35 -28- HF 2458 (4) 85 da/jp/md 28/ 33
H.F. 2458 data and information relating to population and commercial 1 enterprise activity for the area from the two most recent 2 federal decennial censuses unless the district court of the 3 county in which the property is situated has determined by 4 a preponderance of the evidence that such data would not 5 accurately predict the population and commercial enterprise 6 activity of the area in the future. 7 (c) A second review or analysis of the drinking water 8 capacity needs shall be performed upon receipt by the acquiring 9 agency of a petition signed by not less than twenty-five 10 percent of the affected property owners. The registered 11 professional engineer to perform the second review or analysis 12 shall be selected by a committee appointed by the affected 13 property owners and whose membership is comprised of at 14 least fifty percent property owners affected by the proposed 15 condemnation action. The acquiring agency shall be responsible 16 for paying the fees and expenses of such an engineer. 17 (d) If private property is to be condemned for development 18 or creation of a lake, the plans, analyses, applications, 19 including any application for funding, and other planning 20 activities of the acquiring agency shall not include or provide 21 for the use of the lake for recreational purposes. 22 Sec. 43. Section 6B.54, subsection 10, paragraph a, Code 23 2014, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (3) Reasonable attorney fees and 25 reasonable costs not to exceed one hundred thousand dollars, 26 attributable to a determination that the creation of a lake 27 through condemnation includes a future recreational use or that 28 a violation of section 6A.22, subsection 2, paragraph “c” , 29 subparagraph (1), subparagraph division (d), has occurred, if 30 such fees and costs are not otherwise provided under section 31 6B.33. 32 Sec. 44. NEW SECTION . 6B.56B Disposition of condemned 33 property —— two-year time period. 34 1. When two years have elapsed since property was condemned 35 -29- HF 2458 (4) 85 da/jp/md 29/ 33
H.F. 2458 for the creation of a lake according to the requirements of 1 section 6A.22, subsection 2, paragraph “c” , subparagraph (1), 2 and the property has not been used for or construction has 3 not progressed substantially from the date the property was 4 condemned for the purpose stated in the application filed 5 pursuant to section 6B.3, and the acquiring agency has not 6 taken action to dispose of the property pursuant to section 7 6B.56, the acquiring agency shall, within sixty days, adopt a 8 resolution offering the property for sale to the prior owner 9 at a price as provided in section 6B.56. If the resolution 10 adopted approves an offer of sale to the prior owner, the offer 11 shall be made in writing and mailed by certified mail to the 12 prior owner. The prior owner has one hundred eighty days after 13 the offer is mailed to purchase the property from the acquiring 14 agency. 15 2. If the acquiring agency has not adopted a resolution 16 described in subsection 1 within the sixty-day time period, the 17 prior owner may, in writing, petition the acquiring agency to 18 offer the property for sale to the prior owner at a price as 19 provided in section 6B.56. Within sixty days after receipt of 20 such a petition, the acquiring agency shall adopt a resolution 21 described in subsection 1. If the acquiring agency does not 22 adopt such a resolution within sixty days after receipt of the 23 petition, the acquiring agency is deemed to have offered the 24 property for sale to the prior owner. 25 3. The acquiring agency shall give written notice to the 26 owner of the right to purchase the property under this section 27 at the time damages are paid to the owner. 28 Sec. 45. Section 403.7, subsection 1, unnumbered paragraph 29 1, Code 2014, is amended to read as follows: 30 A municipality shall have the right to acquire by 31 condemnation any interest in real property, including a fee 32 simple title thereto, which it may deem necessary for or in 33 connection with an urban renewal project under this chapter , 34 subject to the limitations on eminent domain authority 35 -30- HF 2458 (4) 85 da/jp/md 30/ 33
H.F. 2458 in chapter chapters 6A and 6B . However, a municipality 1 shall not condemn agricultural land included within an 2 economic development area for any use unless the owner of 3 the agricultural land consents to condemnation or unless the 4 municipality determines that the land is necessary or useful 5 for any of the following: 6 Sec. 46. NEW SECTION . 423B.11 Use of revenues —— 7 limitation. 8 The revenue raised by a local sales and services tax imposed 9 under this chapter by a county shall not be expended for any 10 purpose related to a project that includes the condemnation of 11 private property for the creation of a lake according to the 12 requirements of section 6A.22, subsection 2, paragraph “c” , 13 subparagraph (1), if the local sales and services tax has not 14 been approved at election in the area where the property to be 15 condemned is located. 16 Sec. 47. Section 455A.5, Code 2014, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 7. The authority granted to the commission 19 to acquire real property for purposes of carrying out a 20 duty related to development or maintenance of the recreation 21 resources of the state, including planning, acquisition, and 22 development of recreational projects, and areas and facilities 23 related to such projects, shall not include the authority to 24 acquire real property by eminent domain. 25 Sec. 48. Section 456A.24, subsection 2, unnumbered 26 paragraph 1, Code 2014, is amended to read as follows: 27 Acquire by purchase, condemnation, lease, agreement, 28 gift, and devise lands or waters suitable for the purposes 29 hereinafter enumerated, and rights-of-way thereto, and to 30 maintain the same for the following purposes , to wit : 31 Sec. 49. Section 456A.24, Code 2014, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 15. The authority granted the department 34 to acquire real property for any statutory purpose relating to 35 -31- HF 2458 (4) 85 da/jp/md 31/ 33
H.F. 2458 the development or maintenance of the recreation resources of 1 the state, including planning, acquisition, and development 2 of recreational projects, and areas and facilities related to 3 such projects, shall not include the authority to acquire real 4 property by eminent domain. 5 Sec. 50. Section 461A.7, Code 2014, is amended to read as 6 follows: 7 461A.7 Eminent domain Purchase of lands —— public parks . 8 The commission may purchase or condemn lands from willing 9 sellers for public parks. No A contract for the purchase of 10 such public parks shall not be made to an amount in excess of 11 funds appropriated therefor by the general assembly. 12 Sec. 51. Section 461A.10, Code 2014, is amended to read as 13 follows: 14 461A.10 Title to lands. 15 The title to all lands purchased, condemned, or donated , 16 hereunder, for park or highway purposes and the title to all 17 lands purchased, condemned, or donated hereunder for highway 18 purposes , shall be taken in the name of the state and if 19 thereafter it shall be deemed advisable to sell any portion of 20 the land so purchased or condemned, the proceeds of such sale 21 shall be placed to the credit of the said public state parks 22 fund to be used for such park purposes. 23 Sec. 52. Section 463C.8, subsection 1, paragraph k, Code 24 2014, is amended to read as follows: 25 k. The power to acquire, own, hold, administer, and dispose 26 of property , except that such power is not a grant of authority 27 to acquire property by eminent domain . 28 Sec. 53. 2013 Iowa Acts, chapter 132, is amended by adding 29 the following new section: 30 NEW SECTION . SEC. 75. REPEAL. Sections 461A.9 and 461A.75, 31 Code 2014, are repealed. 32 Sec. 54. LIMITATION. The provisions of this division of 33 this Act shall not be construed or interpreted to limit or 34 otherwise affect the application of chapters 6A, 478, or 479 as 35 -32- HF 2458 (4) 85 da/jp/md 32/ 33
H.F. 2458 they relate to the eminent domain authority of the utilities 1 division of the department of commerce. 2 Sec. 55. SEVERABILITY. If any provision of this division of 3 this Act is held invalid, the invalidity shall not affect other 4 provisions or applications of this division of this Act which 5 can be given effect without the invalid provision, and to this 6 end the provisions of this division of this Act are severable 7 as provided in section 4.12. 8 Sec. 56. EFFECTIVE UPON ENACTMENT. This division of this 9 Act, being deemed of immediate importance, takes effect upon 10 enactment. 11 Sec. 57. APPLICABILITY. Except as otherwise provided in 12 this division of this Act, this division of this Act applies to 13 projects or condemnation proceedings pending or commenced on or 14 after the effective date of this division of this Act. 15 Sec. 58. RETROACTIVE APPLICABILITY. Notwithstanding any 16 provision of law to the contrary, the following provision or 17 provisions of this division of this Act apply retroactively to 18 projects or condemnation proceedings pending or commenced on or 19 after February 15, 2013: 20 1. The section of this division of this Act amending section 21 6A.22. 22 2. The section of this division of this Act enacting section 23 6B.56B. 24 -33- HF 2458 (4) 85 da/jp/md 33/ 33