House File 571 - IntroducedA Bill ForAn Act 1relating to the management of soil and water resources,
2including projects described in the Iowa nutrient reduction
3strategy, and the use of a county tax levy.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 161A.3, Code 2019, is amended by adding
2the following new subsections:
3   NEW SUBSECTION.  9A.  “Iowa nutrient reduction strategy”
4means the same as defined in section 455B.171.
5   NEW SUBSECTION.  12A.  “Point source” means the same as
6defined in section 455B.171.
7   Sec. 2.  Section 161A.7, subsection 1, paragraph d, Code
82019, is amended to read as follows:
   9d.  To cooperate, or enter into agreements with, and within
10the limits of appropriations duly made available to it by law,
11to furnish financial or other aid assistance to any agency,
12governmental or otherwise, or any owner or occupier of lands
13within the district, in the carrying on of including by doing
14all of the following:

   15(1)   Carrying outerosion-control and watershed protection
16and flood prevention operations within the district, subject
17to such conditions as the commissioners may deem necessary to
18advance the purposes of this chapter.
   19(2)  Carrying out projects or operations within the
20district, as provided in paragraph “p”, subject to such
21conditions as the commissioners may deem necessary to advance
22the purposes of this chapter.
23   Sec. 3.  Section 161A.7, subsection 1, Code 2019, is amended
24by adding the following new paragraph:
25   NEW PARAGRAPH.  p.  To carry out soil erosion control,
26watershed protection or improvement, water resource
27restoration, flood prevention or control, and water quality
28protection projects and operations, within the district. The
29water quality protection projects and operations may include
30but are not limited to efforts to maintain, protect, and
31improve the quality of surface water and groundwater from point
32and nonpoint sources, including by doing all of the following:
   33(1)  Reducing or eliminating pollution caused by access to
34agricultural drainage or sinkholes, sedimentation, or chemical
35pollutants.
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   1(2)  Reducing or removing nutrients and other pollutants in
2or from surface water and groundwater.
   3(3)  Reducing or eliminating nutrient loads from surface
4water or groundwater.
   5(4)  Achieving or furthering any of the objectives, goals,
6and targets described in the Iowa nutrient strategy.
7   Sec. 4.  Section 161A.13, Code 2019, is amended to read as
8follows:
   9161A.13  Purpose of subdistricts.
   10Subdistricts of a soil and water conservation district may
11be formed as provided in this chapter for the purposes of
12carrying out watershed protection and flood prevention programs
13
 to carry out the same purposes of the district under section
14161A.7,
within the territory of the subdistrict but shall not
15be formed solely for the purpose of establishing or taking over
16the operation of an existing drainage district.
17   Sec. 5.  Section 161C.1, Code 2019, is amended by adding the
18following new subsections:
19   NEW SUBSECTION.  01.  “Authorized project” means a project
20that is carried out to support any of the following:
   21a.  Soil erosion control.
   22b.  Watershed protection or improvement.
   23c.  Water resource restoration.
   24d.  Flood prevention or control.
   25e.  Water quality protection practices.
   26f.  Water quality projects and operations, including as
27required to achieve or further any of the objectives, goals,
28and targets described in the Iowa nutrient strategy.
29   NEW SUBSECTION.  4A.  “Iowa nutrient reduction strategy”
30means the same as defined in section 455B.171.
31   NEW SUBSECTION.  5A.  “Point source” means the same as
32defined in section 455B.171.
33   NEW SUBSECTION.  5B.  “Qualified government entity” means a
34county, city, or other political subdivision, or other local
35agency.
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1   Sec. 6.  Section 161C.2, subsection 1, paragraph a, Code
22019, is amended to read as follows:
   3a.  Each A soil and water conservation district, alone
4and whenever practical in conjunction with other districts,
5shall qualified government entities, or financing entities
6may
carry out district-wide and multiple-district projects
7to support water protection practices in the district or
8districts
, including but not limited to authorized projects
9to protect this state’s groundwater and surface water from
10point and nonpoint sources of contamination, including but
11not limited to contamination by agricultural drainage wells,
12sinkholes, sedimentation, or chemical pollutants
The projects
13and operations include but are not limited to practices or
14other efforts to reduce or eliminate pollution caused by access
15to agricultural drainage wells or sinkholes, sedimentation,
16or chemical pollutants, as described in the Iowa nutrient
17reduction strategy.

18   Sec. 7.  Section 161C.3, Code 2019, is amended to read as
19follows:
   20161C.3  Cooperation with other agencies qualified government
21entities and financing entities
.
   22Soil A soil and water conservation districts district may
23enter into agreements an agreement with the United States
24
 federal government, as provided by state law, or with the state
25of Iowa or any agency of the state,
any other soil and water
26conservation
district, or other political subdivision of this
27state
 a qualified government entity, or a financing entity,
28for cooperation in preventing, controlling, or attempting to
29prevent or control contamination the pollution of groundwater
30or
surface water or groundwater by point and nonpoint sources
31of pollution. Soil and water conservation districts may
32accept, as provided by state law, any money disbursed for water
33quality preservation purposes by the federal government or any
34agency of the federal government, and expend the money for the
35purposes for which it was received.
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1   Sec. 8.  Section 161E.1, Code 2019, is amended to read as
2follows:
   3161E.1  Authority of board.
   41.   a.  If a county, soil and water conservation district,
 5a subdistrict of a soil and water conservation district,
6political subdivision of the state, or other local agency a
7qualified government entity, or a financing entity
engages or
8
 in, participates in a project for flood or erosion control,
9flood prevention
, or carries out an authorized project,
10including but not limited to a water quality project or
11operation
, or engages in, participates in, or carries out a
12project for
the conservation, development, utilization, and
13disposal of water, in cooperation with the federal government,
14or a department or agency of the federal government, the
15counties in which the project is carried on out may, act
16 through the board of supervisors, construct, or under a chapter
1728E or 28F agreement, to do any of the following:

   18(1)   Construct,operate, and maintain the project on lands
19under the control or jurisdiction of the county dedicated to
20county use, or furnish.
   21(2)   Furnishfinancial and other assistance in connection
22with the projects. Flood, soil erosion control, and watershed
23improvement

   24b.   Authorizedprojects, including but not limited to water
25quality projects and operations,
are presumed to be for the
26protection of the tax base of the county, for the protection of
27public roads and lands, and for the protection of the public
28health, sanitation, safety, and general welfare.
29   Sec. 9.  NEW SECTION.  161E.1A  Definitions.
   30As used in this chapter, unless the context otherwise
31requires:
   321.  “Authorized project” means a project that is carried out
33to support any of the following:
   34a.  Soil erosion control project.
   35b.  Watershed protection or improvement project.
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   1c.  Water resource restoration project.
   2d.  Flood prevention or control.
   3e.  Water quality protection practices.
   4f.  Water quality projects and operations, including those
5projects described in the Iowa nutrient reduction strategy.
   62.  “Iowa nutrient reduction strategy” means the same as
7defined in section 455B.171.
   83.  “Point source” means the same as defined in section
9455B.171.
   104.  “Qualified government entity” means a county, city, or
11other political subdivision, or a local agency.
12   Sec. 10.  Section 161E.2, Code 2019, is amended to read as
13follows:
   14161E.2  Federal aid assistance.
   15A county may, in accordance with this chapter, accept
16federal funds for aid moneys to assist in a supporting an
17authorized
project for flood or soil erosion control, flood
18prevention
, or the conservation, development, utilization,
19and disposal of water, and. A county may cooperate with
20the federal government or a department or agency of the
21federal government, a soil and water conservation district,
22subdistrict of a soil and water conservation district,
23political subdivision of the state, or other local agency, and
24the
 or a qualified government entity. The county may assume
25a proportion of the cost of the authorized project as deemed
26appropriate, and may assume the maintenance cost of the project
27on lands under the control or jurisdiction of the county which
28will not be discharged by federal aid assistance or grant.
29   Sec. 11.  Section 161E.3, Code 2019, is amended to read as
30follows:
   31161E.3  Cooperation.
   32The counties, county, soil and water conservation districts,
33and subdistricts of soil and water conservation districts,
34and qualified government entities
concerned, shall advise and
35consult with each other, upon the request of any of them or
-5-1any affected landowners, and may cooperate with each other
2or with other state subdivisions or instrumentalities, and
3affected landowners, as well as with the federal government or
4a department or agency of the federal government, or with a
5financing entity,
to construct, operate, and maintain suitable
 6authorized projects for flood or soil erosion control, flood
7prevention
, including but not limited to water quality projects
8and operations
, or the conservation, development, utilization,
9and disposal of water on public roads or other public lands or
10other land granted county use.
11   Sec. 12.  Section 161E.5, Code 2019, is amended to read as
12follows:
   13161E.5  Maintenance cost.
   14If construction of projects has been completed by the soil
15and water conservation district, subdistricts a subdistrict of
 16the soil and water conservation districts district, political
17subdivisions of the state, or other local agencies
 a qualified
18government entity
, or the federal government, or a department
19or agency of the federal government, on private lands under the
20easement granted to the county, only the cost of maintenance
21may be assumed by the county.
22   Sec. 13.  Section 161E.9, Code 2019, is amended to read as
23follows:
   24161E.9  Tax levy.
   25The county board of supervisors may annually levy a tax not
26to exceed six and three-fourths cents per thousand dollars of
27assessed value of all agricultural lands in the county, to
28be used for flood and erosion control, including authorized
29projects, including but not limited to furnishing financial
30assistance in connection with water quality projects and
31operations, and for the
acquisition of land or interests in
32land, and repair, alteration, maintenance, and operation of
33works of improvement on lands under the control or jurisdiction
34of the county as provided in this chapter.
35   Sec. 14.  Section 161F.2, Code 2019, is amended to read as
-6-1follows:
   2161F.2  Board of supervisors to establish districts — strip
3coal mining.
   41.  The board of supervisors of any a county shall have
5jurisdiction, power and authority at any regular, special or
6adjourned session to establish, subject to the provisions
7of this chapter, districts having for their purpose soil
8conservation, and the control of flood waters, or the
9improvement of water quality,
and to cause to be constructed
10as hereinafter provided, such improvements and facilities as
11shall be deemed essential for the accomplishment of the purpose
12of soil conservation, and flood control, or the improvement of
13water quality
.
   142.  Such The board of supervisors of a county shall also
15have jurisdiction, power and authority at any regular, special
16or adjourned session to establish, in the same manner that
17the districts hereinabove referred to described in subsection
181
are established, districts having for their purpose soil
19conservation in mining areas within the county, and provide
20that anyone engaged in removing the surface soil over any
21bed or strata of coal in such district for the purpose of
22obtaining such coal shall replace the surface soil as nearly
23as practicable to its original position, and provide that,
24upon abandonment of such removal operation, all surface soil
25shall be so replaced. This section subsection shall apply only
26to surface soil so removed after July 4, 1949, and then only
27 if it is essential for the accomplishment of the purpose of
28soil conservation and flood control within the purview of this
29chapter.
30   Sec. 15.  Section 161F.3, Code 2019, is amended to read as
31follows:
   32161F.3  Combination of functions.
   33Such districts shall have the power to combine in their
34functions activities affecting soil conservation, flood
35control, and drainage, water quality improvement, or any of
-7-1these objects, singly or in combination with another.
2   Sec. 16.  CODE EDITOR DIRECTIVE.
   31.  The Code editor is directed to make the following
4transfers:
   5a.  Section 161E.1A as enacted in this Act to section 161E.1.
   6b.  Section 161E.1, as amended by this Act, to section
7161E.1A.
   82.  The Code editor shall correct internal references in the
9Code and in any enacted legislation as necessary due to the
10enactment of this section.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill amends various provisions relating to the
15management of soil and water resources including Code chapter
16161A, the “Soil Conservation Districts Law” (Code section
17161A.1) which regulates soil erosion and authorizes the payment
18of cost-share incentives for soil and water conservation
19practices administered by the department of agriculture and
20land stewardship (department) and soil and water conservation
21districts (districts) throughout the state; Code chapter
22161C authorizing districts and other political subdivisions
23to work in conjunction in carrying out districtwide and
24multiple district water protection projects; Code chapter 161E,
25authorizing counties and districts, political subdivisions,
26and other local agencies (qualified government entities) to
27provide for flood control or soil erosion control, including
28by levying a tax of 6.75 cents per $1,000 of assessed value on
29agricultural land in the county; and Code chapter 161F which
30authorizes the board of supervisors of a county to establish
31soil conservation and flood control districts.
   32The bill provides that along with traditional duties and
33powers exercised by these bodies relating to soil erosion
34and flood protection, they may also carry out water quality
35protection projects and operations which include efforts to
-8-1maintain, protect, and improve the quality of surface water
2and groundwater from point and nonpoint sources in a manner
3consistent with the Iowa nutrient reduction strategy. The
4bill authorizes cooperation between districts, subdistricts,
5and political subdivisions including through the use of
6Code chapter 28E and Code chapter 28F agreements. The bill
7authorizes joint financing agreements and the involvement of
8financing entities which are presumably business organizations
9engaged in bonding or other financing arrangements.
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