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Senate File 609 - EnrolledAn Actrelating to and making appropriations and related
statutory changes involving state government entities
involved with agriculture, natural resources, and
environmental protection, and including effective date
provisions.
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
............................................... FTEs372.00
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
-1-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
SPECIAL APPROPRIATIONS
GENERAL FUND
Sec. 4. 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:
-2- 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. 5. 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. 6. 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
-3-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. 7. 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
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
-4-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. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND —
HUNGRY CANYONS ACCOUNT.
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 hungry canyons account of the loess hills
development and conservation fund created pursuant to section
161D.2:
.................................................. $50,000
2. Not more than 10 percent of the moneys appropriated to
the hungry canyons account as provided in subsection 1 may be
used for administrative costs.
Sec. 10. AGRICULTURAL DRAINAGE WELL CLOSURES.
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 agricultural drainage well water quality
assistance fund created in section 460.303 for purposes
of supporting the agricultural drainage well water quality
assistance program as provided in section 460.304:
.................................................. $1,875,000
2. Not more than 10 percent of the moneys appropriated
-5-in subsection 1 may be used for costs of administration and
implementation of soil conservation practices.
DIVISION II
MONEYS CREDITED TO THE WATERSHED IMPROVEMENT FUND
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
Sec. 11. FARM MANAGEMENT DEMONSTRATION PROGRAM.
1. 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, including any of
these moneys transferred to the department, 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:
2. 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
3. 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.
Sec. 12. WATER QUALITY INITIATIVE.
1. 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, including any of those
-6-moneys transferred to the department, the department shall
deposit the following amount in the water quality initiative
fund created in section 466B.45 for the fiscal year beginning
July 1, 2019, and ending June 30, 2020, to be used for the
purposes designated:
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:
.................................................. $1,600,000
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
-7-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
-8-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
GENERAL FUND
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
WATER QUALITY INITIATIVE
Sec. 13. 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:
-9- 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.
-10- 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 IV
department of natural resources
Sec. 14. 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:
.................................................. $11,920,987
............................................... FTEs1,145.95
2. Of the number of full-time equivalent positions
-11-authorized to the department pursuant to subsection 1, 50.00
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. 15. 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
-12-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. 16. 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. 17. 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. 18. UNASSIGNED REVENUE FUND — UNDERGROUND STORAGE
TANKS SECTION EXPENSES. There is appropriated from the
unassigned revenue fund administered by the Iowa comprehensive
-13-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. 19. 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. 20. 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:
-14- 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 V
iowa state university
SPECIAL GENERAL FUND appropriation
VETERINARY DIAGNOSTIC LABORATORY
Sec. 21. 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:
.................................................. $4,400,000
............................................... FTEs51.00
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
-15-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 VI
STATE UNIVERSITY OF IOWA
SPECIAL GENERAL FUND APPROPRIATION
AGRICULTURAL SAFETY AND HEALTH
Sec. 22. IOWA’S CENTER FOR AGRICULTURAL SAFETY AND HEALTH
(I-CASH).
1. There is appropriated from the general fund of the state
to the state university of Iowa 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 supporting the operations of Iowa’s center for
agricultural safety and health, as part of the university’s
college of public health, and in cooperation with the
department of agriculture and land stewardship, to anticipate,
recognize, and prevent occupational illness and injury among
members of the agricultural community:
.................................................. $130,000
2. As a condition of the appropriation in subsection 1,
the state university of Iowa shall retain the director of
Iowa’s center for agricultural safety and health employed on
the effective date of this Act for at least the same number of
hours for the fiscal year beginning July 1, 2019, as worked by
the director during the fiscal year beginning July 1, 2018.
3. The state university of Iowa shall not reduce the amount
allocated to support Iowa’s center for agricultural safety from
any other source due to the appropriation made in this division
of this Act.
4. If by June 30, 2020, the state university of Iowa fails
to use the moneys appropriated in subsection 1 in accordance
with purposes and conditions of this section, any unencumbered
and unobligated moneys appropriated in subsection 1 for the
-16-fiscal year beginning July 1, 2019, and ending June 30, 2020,
shall revert to the general fund of the state. In addition, if
moneys are required to be reverted pursuant to section 8.33,
the state university of Iowa shall transfer to the general
fund from any otherwise unencumbered and unobligated moneys
from any other general fund appropriation or from any moneys
available from other funding sources an amount equal to the
amount appropriated in subsection 1 less any amount reverted to
the general fund of the state pursuant to this subsection.
DIVISION VII
environment first fund
general appropriations
Sec. 23. 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.
-17- 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.
-18- (b) Not more than 10 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
-19-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. 24. 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 shall use $250,000 to support up to 3.00 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
-20- 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. 25. 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
-21-455B, division III, part 4, pursuant to sections 455B.262B and
456.14:
.................................................. $495,000
Sec. 26. 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 VIII
ENVIRONMENT FIRST FUND
SPECIAL APPROPRIATIONS
Sec. 27. 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
-22-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,
-23-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
-24-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 IX
IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND
Sec. 28. 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. 29. 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.
Sec. 30. REAP — OPEN SPACES ACCOUNT — FLOOD DAMAGE REPAIR,
RESTORATION, OR REHABILITATION.
1. 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, any amount in that account that is unencumbered and
unobligated on the effective date of this section, are
appropriated to the department of natural resources for the
repair, restoration, or rehabilitation of property under the
jurisdiction or control of the department, including such
property located in southwestern Iowa, that has been damaged
by flood waters, for the fiscal year beginning July 1, 2018,
and ending June 30, 2019.
-25- 2. Nothing in this section requires the department to expend
any or a certain amount of moneys appropriated in subsection 1
for the purposes described in that subsection.
3. Notwithstanding section 8.33, moneys appropriated in
this section that remain unencumbered or unobligated at the
close of the fiscal year beginning July 1, 2018, and ending
June 30, 2019, shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 31. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this division of this Act appropriating
moneys to the department of natural resources from moneys
allocated to the open spaces account of the Iowa resources
enhancement and protection fund for purposes of the repair,
restoration, or rehabilitation of property under the
jurisdiction or control of the department, for the fiscal year
beginning July 1, 2018, and ending June 30, 2019.
DIVISION X
RELATED CODE CHANGES — DEPARTMENT OF AGRICULTURE AND LAND
STEWARDSHIP — PROGRAMS TO AUDIT MOTOR FUEL
Sec. 32. 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 XI
RELATED CODE CHANGES — STATE UNIVERSITY OF IOWA — IOWA
GEOLOGICAL SURVEY
Sec. 33. 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
-26-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. 34. 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. 35. 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. 36. 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.
DIVISION XII
RELATED CODE CHANGES — FUTURE REPEAL OF MERCURY THERMOSTAT
REGULATION
Sec. 37. Section 455D.16, Code 2019, is amended to read as
follows:
-27- 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
-28-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
-29-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.
-30- 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
-31-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 XIII
AGRICULTURAL DRAINAGE WELL CLOSURES
Sec. 38. Section 460.304, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. A person is not eligible to participate
in the program for a project described in this section that
involves an agricultural drainage well that has not been
registered with the department of natural resources pursuant to
section 460.302 by January 1, 2019.
-32-______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 609, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernorda/tm/mb
statutory changes involving state government entities
involved with agriculture, natural resources, and
environmental protection, and including effective date
provisions.
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
............................................... FTEs372.00
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
-1-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
SPECIAL APPROPRIATIONS
GENERAL FUND
Sec. 4. 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:
-2- 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. 5. 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. 6. 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
-3-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. 7. 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
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
-4-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. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND —
HUNGRY CANYONS ACCOUNT.
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 hungry canyons account of the loess hills
development and conservation fund created pursuant to section
161D.2:
.................................................. $50,000
2. Not more than 10 percent of the moneys appropriated to
the hungry canyons account as provided in subsection 1 may be
used for administrative costs.
Sec. 10. AGRICULTURAL DRAINAGE WELL CLOSURES.
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 agricultural drainage well water quality
assistance fund created in section 460.303 for purposes
of supporting the agricultural drainage well water quality
assistance program as provided in section 460.304:
.................................................. $1,875,000
2. Not more than 10 percent of the moneys appropriated
-5-in subsection 1 may be used for costs of administration and
implementation of soil conservation practices.
DIVISION II
MONEYS CREDITED TO THE WATERSHED IMPROVEMENT FUND
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
Sec. 11. FARM MANAGEMENT DEMONSTRATION PROGRAM.
1. 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, including any of
these moneys transferred to the department, 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:
2. 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
3. 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.
Sec. 12. WATER QUALITY INITIATIVE.
1. 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, including any of those
-6-moneys transferred to the department, the department shall
deposit the following amount in the water quality initiative
fund created in section 466B.45 for the fiscal year beginning
July 1, 2019, and ending June 30, 2020, to be used for the
purposes designated:
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:
.................................................. $1,600,000
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
-7-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
-8-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
GENERAL FUND
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
WATER QUALITY INITIATIVE
Sec. 13. 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:
-9- 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.
-10- 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 IV
department of natural resources
Sec. 14. 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:
.................................................. $11,920,987
............................................... FTEs1,145.95
2. Of the number of full-time equivalent positions
-11-authorized to the department pursuant to subsection 1, 50.00
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. 15. 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
-12-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. 16. 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. 17. 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. 18. UNASSIGNED REVENUE FUND — UNDERGROUND STORAGE
TANKS SECTION EXPENSES. There is appropriated from the
unassigned revenue fund administered by the Iowa comprehensive
-13-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. 19. 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. 20. 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:
-14- 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 V
iowa state university
SPECIAL GENERAL FUND appropriation
VETERINARY DIAGNOSTIC LABORATORY
Sec. 21. 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:
.................................................. $4,400,000
............................................... FTEs51.00
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
-15-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 VI
STATE UNIVERSITY OF IOWA
SPECIAL GENERAL FUND APPROPRIATION
AGRICULTURAL SAFETY AND HEALTH
Sec. 22. IOWA’S CENTER FOR AGRICULTURAL SAFETY AND HEALTH
(I-CASH).
1. There is appropriated from the general fund of the state
to the state university of Iowa 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 supporting the operations of Iowa’s center for
agricultural safety and health, as part of the university’s
college of public health, and in cooperation with the
department of agriculture and land stewardship, to anticipate,
recognize, and prevent occupational illness and injury among
members of the agricultural community:
.................................................. $130,000
2. As a condition of the appropriation in subsection 1,
the state university of Iowa shall retain the director of
Iowa’s center for agricultural safety and health employed on
the effective date of this Act for at least the same number of
hours for the fiscal year beginning July 1, 2019, as worked by
the director during the fiscal year beginning July 1, 2018.
3. The state university of Iowa shall not reduce the amount
allocated to support Iowa’s center for agricultural safety from
any other source due to the appropriation made in this division
of this Act.
4. If by June 30, 2020, the state university of Iowa fails
to use the moneys appropriated in subsection 1 in accordance
with purposes and conditions of this section, any unencumbered
and unobligated moneys appropriated in subsection 1 for the
-16-fiscal year beginning July 1, 2019, and ending June 30, 2020,
shall revert to the general fund of the state. In addition, if
moneys are required to be reverted pursuant to section 8.33,
the state university of Iowa shall transfer to the general
fund from any otherwise unencumbered and unobligated moneys
from any other general fund appropriation or from any moneys
available from other funding sources an amount equal to the
amount appropriated in subsection 1 less any amount reverted to
the general fund of the state pursuant to this subsection.
DIVISION VII
environment first fund
general appropriations
Sec. 23. 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.
-17- 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.
-18- (b) Not more than 10 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
-19-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. 24. 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 shall use $250,000 to support up to 3.00 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
-20- 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. 25. 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
-21-455B, division III, part 4, pursuant to sections 455B.262B and
456.14:
.................................................. $495,000
Sec. 26. 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 VIII
ENVIRONMENT FIRST FUND
SPECIAL APPROPRIATIONS
Sec. 27. 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
-22-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,
-23-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
-24-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 IX
IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND
Sec. 28. 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. 29. 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.
Sec. 30. REAP — OPEN SPACES ACCOUNT — FLOOD DAMAGE REPAIR,
RESTORATION, OR REHABILITATION.
1. 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, any amount in that account that is unencumbered and
unobligated on the effective date of this section, are
appropriated to the department of natural resources for the
repair, restoration, or rehabilitation of property under the
jurisdiction or control of the department, including such
property located in southwestern Iowa, that has been damaged
by flood waters, for the fiscal year beginning July 1, 2018,
and ending June 30, 2019.
-25- 2. Nothing in this section requires the department to expend
any or a certain amount of moneys appropriated in subsection 1
for the purposes described in that subsection.
3. Notwithstanding section 8.33, moneys appropriated in
this section that remain unencumbered or unobligated at the
close of the fiscal year beginning July 1, 2018, and ending
June 30, 2019, shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 31. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this division of this Act appropriating
moneys to the department of natural resources from moneys
allocated to the open spaces account of the Iowa resources
enhancement and protection fund for purposes of the repair,
restoration, or rehabilitation of property under the
jurisdiction or control of the department, for the fiscal year
beginning July 1, 2018, and ending June 30, 2019.
DIVISION X
RELATED CODE CHANGES — DEPARTMENT OF AGRICULTURE AND LAND
STEWARDSHIP — PROGRAMS TO AUDIT MOTOR FUEL
Sec. 32. 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 XI
RELATED CODE CHANGES — STATE UNIVERSITY OF IOWA — IOWA
GEOLOGICAL SURVEY
Sec. 33. 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
-26-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. 34. 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. 35. 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. 36. 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.
DIVISION XII
RELATED CODE CHANGES — FUTURE REPEAL OF MERCURY THERMOSTAT
REGULATION
Sec. 37. Section 455D.16, Code 2019, is amended to read as
follows:
-27- 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
-28-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
-29-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.
-30- 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
-31-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 XIII
AGRICULTURAL DRAINAGE WELL CLOSURES
Sec. 38. Section 460.304, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION. 4. A person is not eligible to participate
in the program for a project described in this section that
involves an agricultural drainage well that has not been
registered with the department of natural resources pursuant to
section 460.302 by January 1, 2019.
-32-______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 609, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernorda/tm/mb