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Senate File 364 - IntroducedA Bill ForAn Act 1relating to the creation of a water quality control
2board.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 466D.1 Water quality control board
2— creation.
31. A water quality control board is created to provide
4oversight of all water quality initiatives in the state that
5are funded, in whole or in part, with public moneys in the form
6of grants, loans, or other forms of financial assistance, and
7to oversee implementation of a coordinated, statewide watershed
8approach that ensures Iowans receive a good return on water
9quality investments.
102. The water quality control board is established in
11the division of soil conservation and water quality of
12the department of agriculture and land stewardship for
13administrative and budgetary purposes.
14 Sec. 2. NEW SECTION. 466D.2 Membership.
151. The governor shall appoint the members of the water
16quality control board for staggered terms of six years
17beginning and ending as provided by section 69.19, subject to
18confirmation by the senate. The governor shall include within
19the membership:
20a. One member selected by the Iowa state association of
21counties.
22b. One member selected by the Iowa league of cities.
23c. Three members who represent public or private
24institutions or organizations experienced in agricultural
25practices, conservation practices, water quality practices, and
26other persons especially interested in water quality.
27d. Two members representing the general public.
282. a. Sections 69.16, 69.16A, and 69.19 shall apply to the
29members of the water quality control board.
30b. Any vacancy in the membership of the board shall
31be filled in the same manner as regular appointments are
32made for the unexpired portion of the regular term. In the
33event the governor fails to make an appointment to fill a
34vacancy or fails to submit the appointment to the senate for
35confirmation as required by section 2.32, the senate may make
-1-1the appointment prior to adjournment of the general assembly.
2c. Each member of the board shall be compensated as provided
3in section 7E.6.
43. The board shall not include any member who has a conflict
5of interest, and a statement by a member that the member has a
6conflict of interest is conclusive for this purpose.
7 Sec. 3. NEW SECTION. 466D.3 Administration of board.
81. The water quality control board shall conduct business
9according to all of the following:
10a. Four members constitute a quorum and the affirmative vote
11of a majority of the members is necessary for any action taken
12by the board. A vacancy in the membership does not impair the
13right of a quorum of four members to exercise all rights and
14perform all duties of the board.
15b. Meetings of the board shall be held at the call of the
16chairperson or whenever two members so request.
17c. The members shall elect a chairperson and vice
18chairperson annually, and other officers as the members
19determine.
202. The department of agriculture and land stewardship in
21cooperation with the department of natural resources shall
22assist the board by doing all of the following:
23a. Provide the board with necessary facilities, items, and
24clerical support.
25b. Perform administrative functions necessary for the
26management of the board.
27 Sec. 4. NEW SECTION. 466D.4 Duties and powers.
28In furthering the purposes set forth in section 466D.1,
29subsection 1, the water quality control board shall do all of
30the following:
311. Request data from the department of agriculture and land
32stewardship, the department of natural resources, and the Iowa
33finance authority relating to water quality initiatives that
34each agency is required to administer.
352. Oversee statewide watershed assessment, prioritization
-2-1and planning processes of the water resources coordinating
2council established pursuant to section 466B.3, and the
3watershed planning advisory council established pursuant to
4section 466B.31, and other efforts through the department of
5agriculture and land stewardship, the department of natural
6resources, and the Iowa finance authority.
73. Provide oversight and coordination of state water
8quality project funding and cooperate with state and local
9agencies to develop requirements and evaluation criteria for
10awarding funds, including all of the following:
11a. The project has a coordinated plan and timeline for
12development of a plan.
13b. The project plan includes goals, timelines, monitoring,
14measurement, and progress reports.
15c. The project has the approval and involvement of local
16leadership and the project has received or is an applicant for
17funding from other state, federal, local, and private sources.
184. Ensure monitoring and results at a small watershed level
19(HUC-12) are available to the public.
205. Identify additional water quality improvement needs,
21including the need to develop new or innovative programs or
22projects.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill creates a water quality control board established
27in the division of soil conservation and water quality of
28the department of agriculture and land stewardship for
29administrative and budgetary purposes. The purpose of the
30board is to provide oversight of all water quality initiatives
31in the state that are funded, in whole or in part, with
32public moneys in the form of grants, loans, or other forms
33of financial assistance, and to oversee implementation of a
34coordinated, statewide watershed approach that ensures Iowans
35receive a good return on water quality investments. This
-3-1includes cooperating with state and local agencies to develop
2and monitor water quality projects. The board is composed of
3seven voting members appointed by the governor, subject to
4confirmation by the senate. The appointive board shall be
5bipartisan, and no appointment or reappointment shall cause
6the membership of one political party to be greater than
7one-half the membership of the board (Code section 69.16). The
8board shall also be gender balanced (Code section 69.16A).
9Three members shall be persons representing institutions or
10organizations experienced in agriculture, conservation, and
11water quality, one member shall be selected by the Iowa state
12association of counties, one member shall be selected by the
13Iowa league of cities, and two members are to represent the
14general public.
15The bill provides that the board is responsible for
16overseeing water quality initiatives in the state. The
17board is authorized to collect data relating to water quality
18initiatives from the department of agriculture and land
19stewardship, the department of natural resources, and the Iowa
20finance authority to carry out responsibilities to oversee a
21statewide, coordinated water quality initiative approach. The
22board shall also be assisted by the department of agriculture
23and land stewardship and the department of natural resources
24with necessary facilities, items, clerical support, and to
25perform administrative functions necessary for the management
26of the board.
-4-sr/sc
2board.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 466D.1 Water quality control board
2— creation.
31. A water quality control board is created to provide
4oversight of all water quality initiatives in the state that
5are funded, in whole or in part, with public moneys in the form
6of grants, loans, or other forms of financial assistance, and
7to oversee implementation of a coordinated, statewide watershed
8approach that ensures Iowans receive a good return on water
9quality investments.
102. The water quality control board is established in
11the division of soil conservation and water quality of
12the department of agriculture and land stewardship for
13administrative and budgetary purposes.
14 Sec. 2. NEW SECTION. 466D.2 Membership.
151. The governor shall appoint the members of the water
16quality control board for staggered terms of six years
17beginning and ending as provided by section 69.19, subject to
18confirmation by the senate. The governor shall include within
19the membership:
20a. One member selected by the Iowa state association of
21counties.
22b. One member selected by the Iowa league of cities.
23c. Three members who represent public or private
24institutions or organizations experienced in agricultural
25practices, conservation practices, water quality practices, and
26other persons especially interested in water quality.
27d. Two members representing the general public.
282. a. Sections 69.16, 69.16A, and 69.19 shall apply to the
29members of the water quality control board.
30b. Any vacancy in the membership of the board shall
31be filled in the same manner as regular appointments are
32made for the unexpired portion of the regular term. In the
33event the governor fails to make an appointment to fill a
34vacancy or fails to submit the appointment to the senate for
35confirmation as required by section 2.32, the senate may make
-1-1the appointment prior to adjournment of the general assembly.
2c. Each member of the board shall be compensated as provided
3in section 7E.6.
43. The board shall not include any member who has a conflict
5of interest, and a statement by a member that the member has a
6conflict of interest is conclusive for this purpose.
7 Sec. 3. NEW SECTION. 466D.3 Administration of board.
81. The water quality control board shall conduct business
9according to all of the following:
10a. Four members constitute a quorum and the affirmative vote
11of a majority of the members is necessary for any action taken
12by the board. A vacancy in the membership does not impair the
13right of a quorum of four members to exercise all rights and
14perform all duties of the board.
15b. Meetings of the board shall be held at the call of the
16chairperson or whenever two members so request.
17c. The members shall elect a chairperson and vice
18chairperson annually, and other officers as the members
19determine.
202. The department of agriculture and land stewardship in
21cooperation with the department of natural resources shall
22assist the board by doing all of the following:
23a. Provide the board with necessary facilities, items, and
24clerical support.
25b. Perform administrative functions necessary for the
26management of the board.
27 Sec. 4. NEW SECTION. 466D.4 Duties and powers.
28In furthering the purposes set forth in section 466D.1,
29subsection 1, the water quality control board shall do all of
30the following:
311. Request data from the department of agriculture and land
32stewardship, the department of natural resources, and the Iowa
33finance authority relating to water quality initiatives that
34each agency is required to administer.
352. Oversee statewide watershed assessment, prioritization
-2-1and planning processes of the water resources coordinating
2council established pursuant to section 466B.3, and the
3watershed planning advisory council established pursuant to
4section 466B.31, and other efforts through the department of
5agriculture and land stewardship, the department of natural
6resources, and the Iowa finance authority.
73. Provide oversight and coordination of state water
8quality project funding and cooperate with state and local
9agencies to develop requirements and evaluation criteria for
10awarding funds, including all of the following:
11a. The project has a coordinated plan and timeline for
12development of a plan.
13b. The project plan includes goals, timelines, monitoring,
14measurement, and progress reports.
15c. The project has the approval and involvement of local
16leadership and the project has received or is an applicant for
17funding from other state, federal, local, and private sources.
184. Ensure monitoring and results at a small watershed level
19(HUC-12) are available to the public.
205. Identify additional water quality improvement needs,
21including the need to develop new or innovative programs or
22projects.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill creates a water quality control board established
27in the division of soil conservation and water quality of
28the department of agriculture and land stewardship for
29administrative and budgetary purposes. The purpose of the
30board is to provide oversight of all water quality initiatives
31in the state that are funded, in whole or in part, with
32public moneys in the form of grants, loans, or other forms
33of financial assistance, and to oversee implementation of a
34coordinated, statewide watershed approach that ensures Iowans
35receive a good return on water quality investments. This
-3-1includes cooperating with state and local agencies to develop
2and monitor water quality projects. The board is composed of
3seven voting members appointed by the governor, subject to
4confirmation by the senate. The appointive board shall be
5bipartisan, and no appointment or reappointment shall cause
6the membership of one political party to be greater than
7one-half the membership of the board (Code section 69.16). The
8board shall also be gender balanced (Code section 69.16A).
9Three members shall be persons representing institutions or
10organizations experienced in agriculture, conservation, and
11water quality, one member shall be selected by the Iowa state
12association of counties, one member shall be selected by the
13Iowa league of cities, and two members are to represent the
14general public.
15The bill provides that the board is responsible for
16overseeing water quality initiatives in the state. The
17board is authorized to collect data relating to water quality
18initiatives from the department of agriculture and land
19stewardship, the department of natural resources, and the Iowa
20finance authority to carry out responsibilities to oversee a
21statewide, coordinated water quality initiative approach. The
22board shall also be assisted by the department of agriculture
23and land stewardship and the department of natural resources
24with necessary facilities, items, clerical support, and to
25perform administrative functions necessary for the management
26of the board.
-4-sr/sc