SF 609 (LSB 1001SV (7) 88)

SENATE FILE 609

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO SSB 1251)

(As Amended and Passed by the Senate 2019-04-08)

A BILL FOR

An Act relating to and making appropriations and related statutory changes involving state government entities involved with agriculture, natural resources, and environmental protection.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
GENERAL APPROPRIATION

    Section 1.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:
   ...................................................................... $ 18,327,339
   ............................................................... FTEs        372.00

   2.  Of the amount appropriated in subsection 1, the following amount is transferred to Iowa state university of science and technology, to be used for the university’s midwest grape and wine industry institute:
   ...................................................................... $    288,000

   3.  a.  Of the amount appropriated in subsection 1, the following amount is transferred to Iowa state university of science and technology to be used for purposes of supporting the college of veterinary medicine for the operation of the veterinary diagnostic laboratory:
   ...................................................................... $    200,000

   b.  The amount transferred in paragraph “a” is contingent on the enactment of 2019 Iowa Acts, Senate File 601, or successor legislation.
   4.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated in this section to support the department’s administration, regulation, and programs.

DESIGNATED APPROPRIATIONS
MISCELLANEOUS FUNDS
    Sec. 2.  UNCLAIMED PARI-MUTUEL WAGERING WINNINGS —— HORSE AND DOG RACING.  There is appropriated from the moneys available under section 99D.13 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department’s administration and enforcement of horse and dog racing law pursuant to section 99D.22, including for salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $    305,516
    Sec. 3.  RENEWABLE FUEL INFRASTRUCTURE FUND —— MOTOR FUEL INSPECTION.  There is appropriated from the renewable fuel infrastructure fund created in section 159A.16 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of the inspection of motor fuel, including salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $    500,000
    Sec. 4.  MONEYS CREDITED TO THE WATERSHED IMPROVEMENT FUND —— FARM MANAGEMENT DEMONSTRATION PROGRAM.  Notwithstanding 2017 Iowa Acts, chapter 168, section 22, as amended by 2017 Iowa Acts, chapter 170, section 42, of the moneys credited to the watershed improvement fund that are unencumbered or unobligated and managed by and otherwise appropriated to the department of agriculture and land stewardship pursuant to those sections, the department shall expend the following amount, or so much thereof as is necessary, for the fiscal year beginning July 1, 2019, and ending June 30, 2020, for the purpose designated:
   1.  For the continuation of a statewide voluntary farm management demonstration program to demonstrate the effectiveness and adaptability of emerging practices in agronomy that protect water resources and provide other environmental benefits:
   ...................................................................... $    100,000

   2.  The amount required to be expended by the department of agriculture and land stewardship pursuant to subsection 1 shall be allocated by the department to an organization representing soybean growers to provide for an agriculture and environment performance program in the same manner as enacted in 2017 Iowa Acts, chapter 168, section 17, subsection 3.

SPECIAL APPROPRIATIONS
GENERAL FUND
    Sec. 5.  DAIRY REGULATION.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of performing functions pursuant to section 192.109, including conducting a survey of grade “A” milk and certifying the results to the secretary of agriculture:
   ...................................................................... $    189,196

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 6.  LOCAL FOOD AND FARM PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the local food and farm program pursuant to chapter 267A:
   ...................................................................... $     75,000

   2.  The department shall enter into a cost-sharing agreement with Iowa state university of science and technology to support the local food and farm program coordinator position as part of the university’s cooperative extension service in agriculture and home economics pursuant to chapter 267A.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 7.  AGRICULTURAL EDUCATION.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of allocating moneys to an Iowa association affiliated with a national organization which promotes agricultural education providing for future farmers:
   ...................................................................... $     25,000

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
    Sec. 8.  FARMERS WITH DISABILITIES PROGRAM.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting a program for farmers with disabilities:
   ...................................................................... $    180,000

   2.  The moneys appropriated in subsection 1 shall be used for the public purpose of providing a grant to a national nonprofit organization with over 80 years of experience in assisting children and adults with disabilities and special needs. The moneys shall be used to support a nationally recognized program that began in 1986 and has been replicated in at least 30 other states, but which is not available through any other entity in this state, and that provides assistance to farmers with disabilities in all 99 counties to allow the farmers to remain in their own homes and be gainfully engaged in farming through provision of agricultural worksite and home modification consultations, peer support services, services to families, information and referral, and equipment loan services.
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 9.  FOREIGN ANIMAL DISEASES AFFLICTING LIVESTOCK.  

There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For deposit in the foreign animal disease preparedness and response fund created in section 163.3B:
   ...................................................................... $    500,000
DIVISION II
GENERAL FUND
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
WATER QUALITY INITIATIVE

    Sec. 10.  WATER QUALITY INITIATIVE —— GENERAL.
   1.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For deposit in the water quality initiative fund created in section 466B.45, for purposes of supporting the water quality initiative administered by the division of soil conservation and water quality as provided in section 466B.42, including salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $  3,000,000

   2.  a.  The moneys appropriated in subsection 1 shall be used to support projects in subwatersheds as designated by the division that are part of high-priority watersheds identified by the water resources coordinating council established pursuant to section 466B.3.
   b.  The moneys appropriated in subsection 1 shall be used to support projects in watersheds generally, including regional watersheds, as designated by the division and high-priority watersheds identified by the water resources coordinating council established pursuant to section 466B.3.
   3.  In supporting projects in subwatersheds and watersheds as provided in subsection 2, all of the following shall apply:
   a.  The demonstration projects shall utilize water quality practices as described in the Iowa nutrient reduction strategy as defined in section 455B.171.
   b.  The division shall implement demonstration projects as provided in paragraph “a” by providing for participation by persons who hold a legal interest in agricultural land used in farming. To every extent practical, the division shall provide for collaborative participation by such persons who hold a legal interest in agricultural land located within the same subwatershed.
   c.  The division shall implement a demonstration project on a cost-share basis as determined by the division. However, except for edge-of-field practices, the state’s share of the amount shall not exceed 50 percent of the estimated cost of establishing the practice as determined by the division or 50 percent of the actual cost of establishing the practice, whichever is less.
   d.  The demonstration projects shall be used to educate other persons about the feasibility and value of establishing similar water quality practices. The division shall promote field day events for purposes of allowing interested persons to establish water quality practices on their agricultural land.
   e.  The division shall conduct water quality evaluations within supported subwatersheds. Within a reasonable period after accumulating information from such evaluations, the division shall create an aggregated database of water quality practices. Any information identifying a person holding a legal interest in agricultural land or specific agricultural land shall be a confidential record under section 22.7.
   4.  The moneys appropriated in subsection 1 shall be used to support education and outreach in a manner that encourages persons who hold a legal interest in agricultural land used for farming to implement water quality practices, including the establishment of such practices in watersheds generally, and not limited to subwatersheds or high-priority watersheds.
   5.  The moneys appropriated in subsection 1 may be used to contract with persons to coordinate the implementation of efforts provided in this section.
   6.  The moneys appropriated in subsection 1 may be used by the department to support urban soil and water conservation efforts, which may include but are not limited to management practices related to bioretention, landscaping, the use of permeable or pervious pavement, and soil quality restoration. The moneys shall be allocated on a cost-share basis as provided in chapter 161A.
   7.  Notwithstanding any other provision of law to the contrary, the department may use moneys appropriated in subsection 1 to carry out the provisions of this section on a cost-share basis in combination with other moneys available to the department from a state or federal source.
   8.  Not more than 10 percent of the moneys appropriated in this section may be used to pay for the costs of administering and implementing the water quality initiative by the department’s division of soil conservation and water quality as provided in section 466B.42 and this section.
DIVISION III
DEPARTMENT OF NATURAL RESOURCES

    Sec. 11.  GENERAL FUND —— DEPARTMENT.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department, including its divisions, for administration, regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:
   ...................................................................... $ 11,554,987
   ............................................................... FTEs     1,145.95

   2.  Of the number of full-time equivalent positions authorized to the department pursuant to subsection 1, 50 full-time equivalent positions shall be allocated by the department for seasonal employees for purposes of providing maintenance, upkeep, and sanitary services at state parks. This subsection shall not impact park ranger or park manager positions within the department.
   3.  The department shall submit a report each quarter of the fiscal year to the legislative services agency, the department of management, the members of the joint appropriations subcommittee on agriculture and natural resources, and the chairpersons and ranking members of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated under this section to support the department’s administration, regulation, and programs.
    Sec. 12.  STATE FISH AND GAME PROTECTION FUND —— REGULATION AND ADVANCEMENT OF OUTDOOR ACTIVITIES.
   1.  There is appropriated from the state fish and game protection fund created pursuant to section 456A.17 to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the regulation or advancement of hunting, fishing, or trapping, or the protection, propagation, restoration, management, or harvest of fish or wildlife, including for administration, regulation, law enforcement, and programs; and for salaries, support, maintenance, equipment, and miscellaneous purposes:
   ...................................................................... $ 44,007,044

   2.  Notwithstanding section 455A.10, the department may use the unappropriated balance remaining in the state fish and game protection fund to provide for the funding of health and life insurance premium payments from unused sick leave balances of conservation peace officers employed in a protection occupation who retire, pursuant to section 97B.49B.
   3.  Notwithstanding section 455A.10, the department of natural resources may use the unappropriated balance remaining in the state fish and game protection fund for the fiscal year beginning July 1, 2019, and ending June 30, 2020, as is necessary to fund salary adjustments for departmental employees for which the general assembly has made an operating budget appropriation in subsection 1.
    Sec. 13.  GROUNDWATER PROTECTION FUND —— WATER QUALITY.  There is appropriated from the groundwater protection fund created in section 455E.11 to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, from those moneys which are not allocated pursuant to that section, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the department’s protection of the state’s groundwater, including for administration, regulation, and programs, and for salaries, support, maintenance, equipment, and miscellaneous purposes:
   ...................................................................... $  3,455,832

DESIGNATED APPROPRIATIONS
MISCELLANEOUS FUNDS
    Sec. 14.  SPECIAL SNOWMOBILE FUND —— SNOWMOBILE PROGRAM.  There is appropriated from the special snowmobile fund created under section 321G.7 to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of administering and enforcing the state snowmobile programs:
   ...................................................................... $    100,000
    Sec. 15.  UNASSIGNED REVENUE FUND —— UNDERGROUND STORAGE TANKS SECTION EXPENSES.  There is appropriated from the unassigned revenue fund administered by the Iowa comprehensive petroleum underground storage tank fund board established pursuant to section 455G.4 to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of paying for administration expenses of the department’s underground storage tanks section:
   ...................................................................... $    200,000

SPECIAL APPROPRIATIONS
GENERAL FUND
    Sec. 16.  FLOODPLAIN MANAGEMENT AND DAM SAFETY.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For purposes of supporting floodplain management and dam safety:
   ...................................................................... $  1,510,000

   2.  Of the amount appropriated in subsection 1, up to $400,000 may be used by the department to acquire or install stream gages for purposes of tracking and predicting flood events and for compiling necessary data to improve flood frequency analysis.
   3.  Notwithstanding section 8.33, moneys appropriated in subsection 1 that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 17.  FORESTRY HEALTH MANAGEMENT.
   1.  There is appropriated from the general fund of the state to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of providing for forestry health management programs:
   ...................................................................... $    500,000

   2.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available to be used for the purposes designated until the close of the succeeding fiscal year.
DIVISION IV
IOWA STATE UNIVERSITY
SPECIAL GENERAL FUND APPROPRIATION

VETERINARY DIAGNOSTIC LABORATORY

    Sec. 18.  VETERINARY DIAGNOSTIC LABORATORY.
   1.  There is appropriated from the general fund of the state to Iowa state university of science and technology for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For purposes of supporting the college of veterinary medicine for the operation of the veterinary diagnostic laboratory and for not more than the following full-time equivalent positions:
   ...................................................................... $  4,100,000
   ............................................................... FTEs         51.00

   2.  a.  Iowa state university of science and technology shall not reduce the amount that it allocates to support the college of veterinary medicine from any other source due to the appropriation made in this section.
   b.  Paragraph “a” does not apply to a reduction made to support the college of veterinary medicine, if the same percentage of reduction imposed on the college of veterinary medicine is also imposed on all of Iowa state university of science and technology’s budget units.
   3.  If by June 30, 2020, Iowa state university of science and technology fails to allocate the moneys appropriated in this section to the college of veterinary medicine in accordance with this section, the moneys appropriated in this section for that fiscal year shall revert to the general fund of the state.
DIVISION V
ENVIRONMENT FIRST FUND
GENERAL APPROPRIATIONS

    Sec. 19.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.  There is appropriated from the environment first fund created in section 8.57A to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP)
   a.  For the conservation reserve enhancement program to restore and construct wetlands for the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices:
   ...................................................................... $  1,000,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   c.  Notwithstanding any other provision in law, the department may use moneys appropriated in this subsection, in combination with other appropriate environment first fund appropriations, for cost sharing to match United States department of agriculture, natural resources conservation service, wetlands reserve enhancement program (WREP) funding available to Iowa.
   2.  WATERSHED PROTECTION
   a.  For continuation of a program that provides multiobjective resource protections for flood control, water quality, erosion control, and natural resource conservation:
   ...................................................................... $    900,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   3.  SOIL AND WATER CONSERVATION —— ADMINISTRATION
   a.  For use by the department for costs of administration and implementation of soil and water conservation practices:
   ...................................................................... $  3,800,000

   b.  Of the moneys appropriated in paragraph “a”, $150,000 is allocated to support field staff providing technical assistance. 
   4.  CONSERVATION RESERVE PROGRAM (CRP)
   a.  To encourage and assist farmers in enrolling in and the implementation of the federal conservation reserve program and to work with them to enhance their revegetation efforts to improve water quality and habitat:
   ...................................................................... $    900,000

   b.  Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices.
   5.  SOIL AND WATER CONSERVATION
   a.  For use by the department in providing for soil and water conservation:
   ...................................................................... $  8,325,000

   b.  (1)  Of the amount appropriated in paragraph “a”, for transfer to the loess hills development and conservation fund created in section 161D.2:
   ...................................................................... $    490,000

   (2)  (a)  Of the amount transferred to the loess hills development and conservation fund in subparagraph (1), $450,000 shall be allocated to the fund’s hungry canyons account.
   (b)  Not more than 5 percent of the moneys allocated to the fund’s hungry canyons account as provided in subparagraph division (a) may be used for administrative costs.
   (3)  (a)  Of the amount transferred to the loess hills development and conservation fund in subparagraph (1), $40,000 shall be allocated to the fund’s loess hills alliance account.
   (b)  Not more than 10 percent of the moneys allocated to the fund’s loess hills alliance account as provided in subparagraph division (a) may be used for administrative costs.
   c.  Of the remaining amount appropriated in paragraph “a”, for use by the department in providing for soil and water conservation administration, the conservation of soil and water resources, or the support of soil and water conservation districts:
   ...................................................................... $  7,835,000

   d.  Of the amount appropriated in paragraph “c” that the department allocates to a soil and water conservation district, the first $15,000 may be expended by the district for the purpose of providing financial incentives under section 161A.73 to establish management practices for the control of soil erosion on land that is row-cropped, including but not limited to nontill planting, ridge-till planting, and contouring strip-cropping. Of any remaining amount of that appropriation allocated by the department to a district, 30 percent may be expended by the district for that same purpose.
   e.  Not more than 5 percent of the moneys appropriated in paragraph “c” may be allocated for cost sharing to address complaints filed under section 161A.47.
   f.  Of the moneys appropriated in paragraph “c”, 5 percent shall be allocated for financial incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73.
   g.  The state soil conservation and water quality committee established by section 161A.4 may allocate moneys appropriated in paragraph “c” to conduct research and demonstration projects to promote conservation tillage and nonpoint source pollution control practices.
   h.  The allocation of moneys as financial incentives as provided in section 161A.73 may be used in combination with moneys allocated by the department of natural resources.
   i.  Not more than 15 percent of the moneys appropriated in paragraph “c” may be used for costs of administration and implementation of soil and water conservation practices.
    Sec. 20.  DEPARTMENT OF NATURAL RESOURCES.  There is appropriated from the environment first fund created in section 8.57A to the department of natural resources for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  STATE PARKS MAINTENANCE AND OPERATIONS
   a.  For regular maintenance and operations of state parks and staff time associated with these activities:
   ...................................................................... $  6,235,000

   b.  Of the amount appropriated in paragraph “a”, up to $100,000 shall be allocated for statewide coordination of volunteer efforts.
   c.  Of the amount appropriated in paragraph “a”, the department may use not more than $250,000 to support up to three full-time equivalent positions as state park rangers.
   2.  GEOGRAPHIC INFORMATION SYSTEM (GIS)
   To provide local watershed managers with geographic information system data for their use in developing, monitoring, and displaying results of their watershed work:
   ...................................................................... $    195,000

   3.  WATER QUALITY MONITORING
   For continuing the establishment and operation of water quality monitoring stations:
   ...................................................................... $  2,955,000

   4.  PUBLIC WATER SUPPLY SYSTEM ACCOUNT
   For deposit in the public water supply system account of the water quality protection fund created in section 455B.183A:
   ...................................................................... $    500,000

   5.  REGULATION OF ANIMAL FEEDING OPERATIONS
   For the regulation of animal feeding operations, including as provided for in chapters 459, 459A, and 459B:
   ...................................................................... $  1,320,000

   6.  AMBIENT AIR QUALITY
   For the abatement, control, and prevention of ambient air pollution in this state, including measures as necessary to assure attainment and maintenance of ambient air quality standards from particulate matter:
   ...................................................................... $    425,000

   7.  FLOODPLAIN MANAGEMENT AND DAM SAFETY
   For supporting floodplain management and dam safety:
   ...................................................................... $    375,000
    Sec. 21.  STATE UNIVERSITY OF IOWA —— IOWA GEOLOGICAL SURVEY.  There is appropriated from the environment first fund created in section 8.57A to the state university of Iowa for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  OPERATIONS
   For purposes of supporting the operations of the Iowa geological survey of the state as created within the state university of Iowa pursuant to section 456.1, including but not limited to providing analysis; data maintenance, collection, and compilation; investigative programs; and information for water supply development and protection:
   ...................................................................... $    200,000

   2.  WATER RESOURCE MANAGEMENT
   For purposes of supporting the Iowa geological survey in measuring, assessing, and evaluating the quantity of water sources in this state and assisting the department of natural resources in regulating water quantity as provided in chapter 455B, division III, part 4, pursuant to sections 455B.262B and 456.14:
   ...................................................................... $    495,000
    Sec. 22.  REVERSION.
   1.  a.  Except as provided in paragraph “b”, and notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2019, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but instead shall remain available to be used for the purposes designated until the close of the succeeding fiscal year, or until the project for which the appropriation was made is completed, whichever is earlier.
   b.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2019, in this division of this Act to the department of agriculture and land stewardship to provide financial assistance for the establishment of permanent soil and water conservation practices that remain unencumbered or unobligated at the close of the fiscal year shall not revert but instead shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2022.
   2.  Subsection 1 does not apply to moneys transferred pursuant to this division to the loess hills development and conservation fund created in section 161D.2 which shall not revert as provided in that section.
DIVISION VI
ENVIRONMENT FIRST FUND
SPECIAL APPROPRIATIONS

    Sec. 23.  WATER QUALITY INITIATIVE —— DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.
   1.  There is appropriated from the environment first fund created in section 8.57A to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For deposit in the water quality initiative fund created in section 466B.45, for purposes of supporting the water quality initiative administered by the division of soil conservation and water quality as provided in section 466B.42, including salaries, support, maintenance, and miscellaneous purposes:
   ...................................................................... $  2,375,000

   2.  a.  The moneys appropriated in subsection 1 shall be used to support projects in subwatersheds as designated by the division that are part of high-priority watersheds identified by the water resources coordinating council established pursuant to section 466B.3.
   b.  The moneys appropriated in subsection 1 shall be used to support projects in watersheds generally, including regional watersheds, as designated by the division and high-priority watersheds identified by the water resources coordinating council established pursuant to section 466B.3.
   3.  In supporting projects in subwatersheds and watersheds as provided in subsection 2, all of the following shall apply:
   a.  The demonstration projects shall utilize water quality practices as described in the Iowa nutrient reduction strategy as defined in section 455B.171.
   b.  The division shall implement demonstration projects as provided in paragraph “a” by providing for participation by persons who hold a legal interest in agricultural land used in farming. To every extent practical, the division shall provide for collaborative participation by such persons who hold a legal interest in agricultural land located within the same subwatershed.
   c.  The division shall implement a demonstration project on a cost-share basis as determined by the division. However, except for edge-of-field practices, the state’s share of the amount shall not exceed 50 percent of the estimated cost of establishing the practice as determined by the division or 50 percent of the actual cost of establishing the practice, whichever is less.
   d.  The demonstration projects shall be used to educate other persons about the feasibility and value of establishing similar water quality practices. The division shall promote field day events for purposes of allowing interested persons to establish water quality practices on their agricultural land.
   e.  The division shall conduct water quality evaluations within supported subwatersheds. Within a reasonable period after accumulating information from such evaluations, the division shall create an aggregated database of water quality practices. Any information identifying a person holding a legal interest in agricultural land or specific agricultural land shall be a confidential record under section 22.7.
   4.  The moneys appropriated in subsection 1 shall be used to support education and outreach in a manner that encourages persons who hold a legal interest in agricultural land used for farming to implement water quality practices, including the establishment of such practices in watersheds generally, and not limited to subwatersheds or high-priority watersheds.
   5.  The moneys appropriated in subsection 1 may be used to contract with persons to coordinate the implementation of efforts provided in this section.
   6.  The moneys appropriated in subsection 1 may be used by the department to support urban soil and water conservation efforts, which may include but are not limited to management practices related to bioretention, landscaping, the use of permeable or pervious pavement, and soil quality restoration. The moneys shall be allocated on a cost-share basis as provided in chapter 161A.
   7.  Notwithstanding any other provision of law to the contrary, the department may use moneys appropriated in subsection 1 to carry out the provisions of this section on a cost-share basis in combination with other moneys available to the department from a state or federal source.
   8.  Not more than 10 percent of the moneys appropriated in this section may be used to pay for the costs of administering and implementing the water quality initiative by the department’s division of soil conservation and water quality as provided in section 466B.42 and this section.
DIVISION VII
IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND

    Sec. 24.  REAP —— IN LIEU OF GENERAL FUND APPROPRIATION.  In lieu of the standing appropriation in section 455A.18, there is appropriated from the environment first fund created in section 8.57A to the Iowa resources enhancement and protection fund for the fiscal year beginning July 1, 2019, and ending June 30, 2020, the following amount, to be allocated as provided in section 455A.19:
   ...................................................................... $ 12,000,000
    Sec. 25.  REAP —— OPEN SPACES ACCOUNT —— STATE PARK MAINTENANCE AND REPAIR.  Notwithstanding section 455A.19, subsection 1, paragraph “a”, subparagraph (1), of the moneys allocated to the open spaces account of the Iowa resources enhancement and protection fund, up to $1,000,000 may be used by the department of natural resources for state park maintenance and repair for the fiscal year beginning July 1, 2019, and ending on June 30, 2020.
DIVISION VIII
RELATED CODE CHANGES —— DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— PROGRAMS TO AUDIT MOTOR FUEL

    Sec. 26.  NEW SECTION.  214A.2C  Auditing programs.
   The department shall establish and administer programs for the auditing of motor fuel including biofuel processing and production plants, for screening and testing motor fuel, including renewable fuel, and for the inspection of motor fuel sold by dealers, including retail dealers who sell and dispense motor fuel from motor fuel pumps.
DIVISION IX
RELATED CODE CHANGES —— DEPARTMENT OF NATURAL RESOURCES —— AIR QUALITY FUND

    Sec. 27.  Section 455B.133C, subsection 6, paragraph c, Code 2019, is amended to read as follows:
   c.  The department’s calculated estimate for the minor source account shall not produce total revenues in excess of two seven hundred fifty thousand dollars during any state fiscal year.
DIVISION X
RELATED CODE CHANGES —— FUTURE REPEAL OF MERCURY THERMOSTAT REGULATION

    Sec. 28.  Section 455D.16, Code 2019, is amended to read as follows:
   455D.16  Mercury —— thermostats.
   1.  As used in this section, unless the context otherwise requires:
   a.  (1)  “Manufacturer” means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture that owns or owned the brand name of the thermostat.
   (2)  This paragraph “a” is repealed on January 1, 2022.
   b.  “Mercury-added thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Mercury-added thermostat” includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include thermostats used to sense and control temperature as part of a manufacturing process.
   c.  (1)  “Thermostat retailer” means a person who sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including but not limited to sales using the internet or catalogues. A thermostat retailer may also be a thermostat wholesaler if it meets the definition of thermostat wholesaler.
   (2)  This paragraph “c” is repealed on January 1, 2022.
   d.  (1)  “Thermostat wholesaler” means a person who is engaged in the distribution and wholesale selling of large quantities of heating, ventilation, and air-conditioning components, including thermostats, to contractors who install heating, ventilation, and air-conditioning components, including thermostats.
   (2)  This paragraph “d” is repealed on January 1, 2022.
   2.  Beginning July 1, 2009, a A person shall not sell, offer for sale, or install a mercury-added thermostat in this state.
   3.  Beginning April 1, 2009, except Except as otherwise provided, a person who generates a discarded mercury-added thermostat shall manage the mercury-added thermostat as a hazardous waste or universal hazardous waste, according to all applicable state and federal regulations. A contractor who replaces or removes mercury-added thermostats shall assure that any discarded mercury-added thermostat is subject to proper separation and management as hazardous waste or universal hazardous waste. A contractor who replaces a mercury-added thermostat in a residence shall deliver the mercury-added thermostat to an appropriate collection location for recycling.
   4.  a.  Each thermostat manufacturer that has offered for final sale, sold at final sale, or distributed mercury-added thermostats in the state shall individually, or in conjunction with other thermostat manufacturers, do all of the following:
   a.  (1)  Not later than October 1, 2008, submit a plan to the department for approval describing a collection program for mercury-added thermostats. The program contained in the plan shall ensure that all the following take place:
   (1)  (a)  That an education and outreach program is developed. The program shall be directed toward thermostat wholesalers, thermostat retailers, contractors, and homeowners and ensure a maximum rate of collection of mercury-added thermostats. There shall not be a cost to thermostat wholesalers or thermostat retailers for education and outreach materials.
   (2)  (b)  That handling and recycling of mercury-added thermostats are accomplished in a manner that is consistent with the provisions of the universal waste rules.
   (3)  (c)  That containers for mercury-added thermostat collection are provided to all thermostat wholesalers. The cost to thermostat wholesalers for such containers shall be limited to an initial, reasonable, one-time fee per container as specified in the plan.
   (4)  (d)  That collection points will be established to serve homeowners. The collection points shall include but are not limited to regional collection centers permitted under 567 IAC ch. 123. Collection points may include but are not limited to thermostat retailers.
   (5)  (e)  That collection systems are provided to all collection points. Collection systems may include individual product mail back or multiple collection containers. The costs of collection shall not be passed on to a collection point. The costs to a collection point shall be limited to an initial, reasonable, one-time fee per container as specified in the plan.
   b.  (2)  Not later than April 1, 2009, implement Implement a mercury-added thermostat collection plan approved by the department.
   c.  (3)  Beginning in 2010, submit an annual report to the department by April 1 of each year that includes, at a minimum, all of the following:
   (1)  (a)  The number of mercury-added thermostats collected and recycled by that manufacturer during the previous calendar year.
   (2)  (b)  The estimated total amount of mercury contained in the thermostat components collected by that manufacturer during the previous calendar year.
   (3)  (c)  A list of all participating thermostat wholesalers and all collection points for homeowners.
   (4)  (d)  An evaluation of the effectiveness of the manufacturer’s collection program.
   (5)  (e)  An accounting of the administrative costs incurred in the course of administering the collection and recycling program.
   b.  This subsection is repealed on January 1, 2022.
   5.  a.  (1)  By April 1, 2009, a A thermostat wholesaler shall do both all of the following:
   (1)  (a)  Act as a collection site for mercury-added thermostats.
   (2)  (b)  Promote and utilize the collection containers provided by thermostat manufacturers to facilitate a contractor collection program.
   b.  (2)  By April 1, 2009, a A thermostat retailer shall participate in an education and outreach program to educate consumers on the collection program for mercury-added thermostats.
   b.  This subsection is repealed on January 1, 2022.
   6.  a.  Beginning April 1, 2009, all All of the following sales prohibitions shall apply to thermostat manufacturers, thermostat wholesalers, and thermostat retailers:
   a.  (1)  A thermostat manufacturer not in compliance with this section is prohibited from offering any thermostat for final sale in the state. A thermostat manufacturer not in compliance with this section shall provide the necessary support to thermostat wholesalers and thermostat retailers to ensure the manufacturer’s thermostats are not offered for final sale.
   b.  (2)  A thermostat wholesaler or thermostat retailer shall not offer for final sale any thermostat of a manufacturer that is not in compliance with this section.
   b.  This subsection is repealed on January 1, 2022.
   7.  a.  The department shall do all of the following:
   a.  (1)  Review and grant approval of, deny, or approve with modifications a manufacturer plan required under this section. The department shall not approve a plan unless all elements of subsection 4, paragraph “a”, subparagraph (1) are adequately addressed and the program outlined in the plan will assure a maximum rate of collection of mercury-added thermostats. In reviewing a plan the department may consider consistency of the plan with collection requirements in other states and consider consistency between thermostat manufacturer collection programs. In reviewing plans, the agency shall ensure that education and outreach programs are uniform and consistent to ensure ease of implementation by thermostat wholesalers and thermostat retailers.
   b.  (2)  The department shall establish a process for public review and comment on all plans submitted by thermostat manufacturers prior to plan approval. The department shall consult with interested persons, including representatives of thermostat manufacturers, environmental groups, thermostat wholesalers, thermostat retailers, contractors, and local government.
   b.  This subsection is repealed on January 1, 2022.
   8.  a.  The goal of the collection and recycling efforts under this section is to collect and recycle as many mercury-added thermostats as reasonably practicable. By January 1, 2009, the department shall determine collection goals for the program in consultation with interested persons, including the national electrical manufacturers association and representatives of thermostat manufacturers, thermostat wholesalers, thermostat retailers, contractors, environmental groups, and local government. If collection efforts fail to meet the collection goals described in this subsection, the department shall, in consultation with the national electrical manufacturers association and other interested persons, consider modifications to collection programs in an attempt to improve collection rates in accordance with these goals.
   b.  This subsection is repealed on January 1, 2022.
DIVISION XI
RELATED CODE CHANGES —— STATE UNIVERSITY OF IOWA —— IOWA GEOLOGICAL SURVEY

    Sec. 29.  Section 352.4, subsection 4, Code 2019, is amended to read as follows:
   4.  The state department of agriculture and land stewardship, department of management, department of natural resources, Iowa geological survey, state agricultural extension service, and the economic development authority shall, upon request, provide to each county commission any pertinent land use information available to assist in the compiling of the county land use inventories.
    Sec. 30.  Section 456.1, Code 2019, is amended to read as follows:
   456.1  Geological Iowa geological survey created.
   A An Iowa geological survey of the state is created within the state university of Iowa, under the jurisdiction and authority of the state board of regents.
    Sec. 31.  Section 456.10, Code 2019, is amended to read as follows:
   456.10  Distribution of reports.
   All publications of the Iowa geological survey shall be made available electronically via an internet site maintained for that purpose.
    Sec. 32.  Section 456.13, Code 2019, is amended to read as follows:
   456.13  Maps property of state —— custody —— copies.
   The maps so delivered to the state geologist shall be the property of the state and shall remain in the custody of the state geologist. They shall be kept at the office of the Iowa geological survey and be open to examination by all persons interested in the maps; but such examination shall only be made in the presence of the state geologist or a designee, and the state geologist shall not permit any copies of the maps to be made without the written consent of the operator or the owner of the property, except as provided in section 456.11 or if the mine has been abandoned for at least five years.