Senate Study Bill 3056




                                          SENATE FILE       
                                          BY  (PROPOSED COMMITTEE ON
                                               NATURAL RESOURCES AND
                                               ENVIRONMENT BILL BY
                                               CO=CHAIRPERSON BLACK)


       Passed Senate, Date               Passed House,  Date             
       Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                    Approved                            

                                         A BILL FOR

     1 An Act relating to water quality standards.
     2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     3 TLSB 5158SK 81
     4 tm/sh/8

PAG LIN



  1  1    Section 1.  Section 455B.173, subsection 2, unnumbered
  1  2 paragraph 1, Code 2005, is amended to read as follows:
  1  3    Establish, modify, or repeal water quality standards,
  1  4 pretreatment standards and effluent standards, in accordance
  1  5 with the provisions of this chapter.  The effluent standards
  1  6 may provide for maintaining the existing quality of the water
  1  7 of the state that is a navigable water of the United States
  1  8 under the federal Water Pollution Control Act where the
  1  9 quality thereof exceeds the requirements of the water quality
  1 10 standards.
  1 11    Sec. 2.  Section 455B.174, subsection 4, paragraph b, Code
  1 12 Supplement 2005, is amended to read as follows:
  1 13    b.  In addition to the requirements of paragraph "a", a
  1 14 permit shall not be issued to operate or discharge from any
  1 15 disposal system unless the conditions of the permit assure
  1 16 that any discharge from the disposal system meets or will meet
  1 17 all applicable state and federal water quality standards and
  1 18 effluent standards and the issuance of the permit is not
  1 19 otherwise prohibited by the federal Water Pollution Control
  1 20 Act.  All applications for discharge permits are subject to
  1 21 public notice and opportunity for public participation
  1 22 including public hearing as the department may by rule
  1 23 require.  The director shall promptly notify the applicant in
  1 24 writing of the director's action and, if the permit is denied,
  1 25 state the reasons for denial.  The applicant may appeal to the
  1 26 commission from the denial of a permit or from any condition
  1 27 in any permit if the applicant files notice of appeal with the
  1 28 director within thirty days of the notice of denial or
  1 29 issuance of the permit.  The director shall notify the
  1 30 applicant within thirty days of the time and place of the
  1 31 hearing.
  1 32    Sec. 3.  WATER QUALITY STANDARDS.  The general assembly
  1 33 makes the following findings:
  1 34    1.  The federal Water Pollution Control Act provides that
  1 35 the state is responsible for implementation of the federal Act
  2  1 in a manner that the state deems most appropriate.
  2  2    2.  Historically, the state has been and continues to be a
  2  3 responsible steward of the environment, including Iowa's water
  2  4 quality.
  2  5    3.  The state has adopted water quality standards that are
  2  6 protecting Iowa's water quality.
  2  7    4.  State law provides in section 455B.176 that the
  2  8 environmental protection commission, when establishing,
  2  9 modifying, or repealing water quality standards, must base its
  2 10 decision upon data gathered from sources within the state.
  2 11    5.  State law provides in section 455B.176, subsection 11,
  2 12 that the goal of any changes to water quality standards shall
  2 13 be a reasonable balance between total costs to the people and
  2 14 to the economy, and the resultant benefits to the people of
  2 15 Iowa.
  2 16    6.  An efficient use of the state's limited resources when
  2 17 implementing changes to existing water quality standards is to
  2 18 complete a use attainability analysis for the classified
  2 19 stream segment prior to changing the water quality standards,
  2 20 including the use designation, that apply to that particular
  2 21 stream segment.  Using a scientific analysis in accordance
  2 22 with the terms of this section meets the general assembly's
  2 23 goals of protecting the public and the environment and
  2 24 balancing the costs and benefits to the public and to the
  2 25 environment.
  2 26    7.  The state should adopt water quality standards that,
  2 27 where attainable, provide water quality for the protection and
  2 28 propagation of fish, shellfish, and wildlife, and for
  2 29 recreation in and on the water.
  2 30    Sec. 4.  NEW SECTION.  455B.176A  WATER QUALITY STANDARDS.
  2 31    1.  For purposes of this section, unless the context
  2 32 otherwise requires:
  2 33    a.  "Base flow conditions" means the flow of a classified
  2 34 stream segment, as measured during the time period between
  2 35 July 1 and September 30, that occurs during a period of time
  3  1 when the watershed, in which the classified stream segment is
  3  2 located, receives no twenty=four=hour rainfall in excess of
  3  3 one=quarter of one percent of total average annual rainfall
  3  4 for the watershed and not more than one=half inch total
  3  5 rainfall for the watershed in the preceding two weeks.
  3  6    b.  "Classified stream segment" means a water of the state
  3  7 determined to be a classified stream segment pursuant to
  3  8 subsection 2.  "Classified stream segment" does not include
  3  9 ephemeral streams, grass, vegetative or other waterways,
  3 10 culverts, ditches, farm ponds, tile lines, irrigation systems,
  3 11 public or private wells, subsurface drainage systems and
  3 12 stormwater management systems, effluent treatment wetlands,
  3 13 isolated wetlands, waters created as a result of a
  3 14 conservation structure or practice, and privately owned
  3 15 wetlands.
  3 16    c.  "Conservation structure or practice" means the same as
  3 17 defined by either the United States department of agriculture
  3 18 in the natural resources conservation service field office
  3 19 technical guide or the Iowa department of agriculture and land
  3 20 stewardship including, but not limited to, those soil and
  3 21 conservation practices defined in section 161A.42, designed
  3 22 for the purpose of maintenance, improvement, or restoration of
  3 23 the physical, chemical, and biological functions of soil,
  3 24 water, air, and related plant and animal resources.
  3 25    d.  "Credible data" means the same as defined in section
  3 26 455B.171 and is subject to the same requirements as provided
  3 27 in section 455B.193 and may include, but not rely solely on,
  3 28 data that is older than five years and that is obtained
  3 29 pursuant to the best professional judgment of a professional
  3 30 designee.
  3 31    e.  "Ephemeral stream" means a stream that flows only in
  3 32 response to precipitation and whose channel is primarily above
  3 33 the water table.
  3 34    f.  "Professional designee" means the same as defined in
  3 35 section 455B.193.
  4  1    g.  "Use attainability analysis" means a structured
  4  2 scientific assessment that includes physical, chemical,
  4  3 biological, and economic factors.
  4  4    2.  A water of the state is a classified stream segment
  4  5 when any one of the following is met:
  4  6    a.  The most recent ten=year median flow is equal to or in
  4  7 excess of one cubic foot per second based on data collected
  4  8 and evaluated by the United States geological survey between
  4  9 July 1 and September 30 of each year or in the absence of
  4 10 stream segment flow data calculations of flow conducted by
  4 11 extrapolation methods provided by the United States geological
  4 12 survey or based upon a calculation method adopted by rule.
  4 13    b.  The water is actually inhabited by a threatened or
  4 14 endangered aquatic specie as determined by the department or
  4 15 the United States fish and wildlife service.
  4 16    c.  Credible data developed in accordance with section
  4 17 455B.193 shows that water flows that are less than set out in
  4 18 paragraph "a" provide a refuge for aquatic life that permits
  4 19 biological recolonization of intermittently flowing segments.
  4 20    3.  All waters of the state not classified as a stream
  4 21 segment pursuant to subsection 2 shall be identified as an
  4 22 unclassified stream segment and shall be subject only to
  4 23 narrative water quality standards.  The department shall adopt
  4 24 rules defining narrative water quality standards for
  4 25 unclassified stream segments.
  4 26    4.  a.  The commission shall adopt rules to define
  4 27 designated uses of classified stream segments in accordance
  4 28 with the following categories:
  4 29    (1)  Agricultural water supply use.
  4 30    (2)  Aquatic life support.
  4 31    (3)  Domestic water supply.
  4 32    (4)  Food procurement use.
  4 33    (5)  Industrial water supply use.
  4 34    (6)  Recreational use, including primary, secondary, and
  4 35 children's recreational use.
  5  1    (7)  Seasonal use.  The department may allow for a seasonal
  5  2 use designation for streams that would otherwise be classified
  5  3 under an aquatic or recreational designation if a varying
  5  4 degree of protection would be sufficient to protect the stream
  5  5 during a seasonal time period.
  5  6    b.  The commission shall include subcategories of
  5  7 designated uses of the categories listed in paragraph "a", as
  5  8 deemed appropriate by the commission.
  5  9    c.  When reviewing whether a designated use is attainable,
  5 10 the department shall consider the following:
  5 11    (1)  Whether the natural, ephemeral, intermittent, or low
  5 12 flow conditions or water levels could inhibit recreational
  5 13 activities.
  5 14    (2)  If opposite sides of a stream segment would have
  5 15 different designated recreational uses due to differences in
  5 16 public access, the designated use of the entire classified
  5 17 stream segment may be the higher attainable use.
  5 18    (3)  The time period for determining recreational use shall
  5 19 be March 15 through November 15.
  5 20    (4)  The degree to which the public has access to the
  5 21 stream segment.
  5 22    (5)  The minimum depth of the deepest pool.
  5 23    (6)  Classified stream segments shall be protected for all
  5 24 existing uses of the segment.
  5 25    (7)  What types of aquatic life may live in streams whose
  5 26 primary flow is from effluent discharges and the frequency and
  5 27 depth of that flow.
  5 28    5.  The commission shall adopt rules designating water
  5 29 quality standards which shall be specific to each designated
  5 30 use listed in subsection 4.  The standards shall take into
  5 31 account the different characteristics of each designated use
  5 32 and shall provide for only the appropriate level of protection
  5 33 based upon that particular use.  The standards shall not be
  5 34 identical for each designated use unless required for the
  5 35 appropriate level of protection.  The appropriate level of
  6  1 protection and standards shall be determined on a scientific
  6  2 basis.  In the development process for the water quality
  6  3 standards, input shall be received from a water quality
  6  4 standards advisory committee convened by the department to be
  6  5 comprised of experts in the fields of environmental
  6  6 engineering, aquatic toxicology, fisheries biology, and other
  6  7 life sciences and in the development of the appropriate levels
  6  8 of aquatic life protection and standards.  The water quality
  6  9 standards shall be reviewed and revised by the department as
  6 10 new scientific data becomes available to support revision.
  6 11    6.  Prior to any change in the use designation of any
  6 12 classified stream segment, the department or a designee of the
  6 13 department shall conduct a use attainability analysis.  The
  6 14 commission shall adopt rules providing for the following
  6 15 procedures and criteria to be used in the development of a use
  6 16 attainability analysis:
  6 17    a.  A review of physical, chemical, biological, economic,
  6 18 and social factors affecting whether a designated use is
  6 19 attainable.
  6 20    b.  A review of naturally occurring pollutant
  6 21 concentrations and conditions affecting whether a designated
  6 22 use is attainable.
  6 23    c.  A review of natural, ephemeral, intermittent, or low=
  6 24 flow conditions, or water levels affecting whether a
  6 25 designated use is attainable.
  6 26    d.  A review of human conditions that prevent the
  6 27 designated use, including state laws, and conditions which
  6 28 cannot be remedied or that would cause more damage or a
  6 29 disproportionate cost to remedy rather than to leave in place.
  6 30    e.  A review of hydrologic modifications such as dams and
  6 31 diversions affecting whether a designated use is attainable.
  6 32    f.  A review of physical conditions related to natural
  6 33 features, such as lack of proper substrate, soil types and
  6 34 erodibility, cover, flow, depth, pools, riffles, and other
  6 35 stream morphology affecting whether a designated use is
  7  1 attainable.
  7  2    g.  A review of the economic and social impact resulting
  7  3 from controls more stringent than those required by sections
  7  4 301(b) and 306 of the federal Water Pollution Control Act.
  7  5    h.  Stream evaluations conducted during normal base flow
  7  6 conditions.
  7  7    i.  Sampling of fish and invertebrate species populations
  7  8 conducted between July 1 and September 30 each year.
  7  9    7.  A stream segment shall not be classified for a
  7 10 designated use if any of the following apply:
  7 11    a.  Naturally occurring pollutant concentrations prevent
  7 12 the attainment of the designated use.
  7 13    b.  Natural, ephemeral, intermittent, or low=flow
  7 14 conditions, or water levels prevent the attainment of the
  7 15 designated use, unless these conditions or levels may be
  7 16 compensated for by a sufficient volume of effluent discharges
  7 17 without violating state water conservation requirements in
  7 18 order to allow the designated uses to be met.
  7 19    c.  Human=caused conditions or sources of pollution prevent
  7 20 the attainment of the designated use and cannot be remedied or
  7 21 correction would result in more environmental damage than if
  7 22 the conditions or sources are left in place.
  7 23    d.  Dams, diversions, or other types of hydrologic
  7 24 modifications preclude the attainment of the designated use,
  7 25 and it is not feasible to restore the water body to its
  7 26 original use.
  7 27    e.  Physical conditions related to the natural features of
  7 28 the water body, such as the lack of a proper substrate, soil
  7 29 types and erodibility, cover, flow, depth, pools, and riffles,
  7 30 unrelated to water quality, preclude attainment of aquatic
  7 31 life protection uses.
  7 32    f.  Controls more stringent than those required by sections
  7 33 301(b) and 306 of the federal Water Pollution Control Act
  7 34 would result in substantial and widespread economic and social
  7 35 impact as defined in subsection 8.
  8  1    g.  The imposition of effluent limits required under
  8  2 sections 301(b) and 306 of the federal Water Pollution Control
  8  3 Act and the voluntary utilization of cost=effective and
  8  4 reasonable best management practices for nonpoint source
  8  5 control are not sufficient to allow the designated use.  For
  8  6 purposes of this paragraph, a best management practice for an
  8  7 agricultural land use is a site=appropriate conservation
  8  8 structure and a practice.
  8  9    8.  Prior to classifying a stream segment for a designated
  8 10 use, the department shall consider the substantial and
  8 11 widespread economic and social impact that may occur as a
  8 12 result of a classification.  To make this determination, the
  8 13 department shall review circumstances that are unique to each
  8 14 regulated entity to determine whether substantial and
  8 15 widespread economic and social impact would occur.  The
  8 16 analysis shall demonstrate whether the regulated entity would
  8 17 face substantial financial impacts due to the costs of
  8 18 compliance and that the affected community would bear
  8 19 significant adverse impacts.  The department shall work with
  8 20 the regulated entity to gather necessary information to make
  8 21 this determination.
  8 22    a.  The commission shall adopt rules to determine when a
  8 23 regulated entity and the affected community would suffer
  8 24 substantial and widespread economic and social impact due to
  8 25 the costs of complying with a water quality standard.  To make
  8 26 this determination, the department shall review the
  8 27 circumstances that are unique to each regulated entity and the
  8 28 affected community.  The rules shall include but not be
  8 29 limited to all of the following elements:
  8 30    (1)  A financial analysis of the discharger to determine if
  8 31 the capital, operating, and maintenance costs of pollution
  8 32 control will have a substantial impact.
  8 33    (2)  The financial impact on households resulting from
  8 34 compliance.
  8 35    (3)  The ability of the person releasing a pollutant into a
  9  1 water of the state to obtain pollution control financing and
  9  2 the general economic health of that person.
  9  3    (4)  The change in socioeconomic conditions that would
  9  4 occur as a result of compliance.  Factors to consider should
  9  5 include but not be limited to median household income,
  9  6 unemployment, and overall net debt as a percent of full market
  9  7 value of taxable property.
  9  8    (5)  The benefits of improved water quality, such as the
  9  9 expansion of consumptive markets, enhanced recreational use,
  9 10 and increased property values in the community.
  9 11    b.  The department may grant a regulated entity a variance
  9 12 from meeting a water quality standard pursuant to section
  9 13 455B.181 if it is determined that the regulated entity or the
  9 14 affected community would suffer substantial and widespread
  9 15 economic and social impact.  The variance shall be based on
  9 16 the availability of funding that minimizes the impact on the
  9 17 regulated entity's customers or the affected community's
  9 18 taxpayers.  The department shall ensure the conditions of any
  9 19 discharge permit variance represent reasonable progress toward
  9 20 complying with water quality standards but do not result in
  9 21 substantial and widespread economic and social impact.
  9 22    9.  A regulated entity may use an alternative technology
  9 23 system to meet technology standards.  The department shall
  9 24 convene a technical advisory committee to assist in the
  9 25 development of rules to allow for the use of appropriate
  9 26 alternative technologies that include but are not limited to
  9 27 all of the following:
  9 28    a.  Performance=based standards for alternative technology
  9 29 systems.
  9 30    b.  Effluent reuse standards.
  9 31    c.  Criteria for large subsurface, midsize treatment, and
  9 32 small cluster wastewater systems.
  9 33    d.  Setback requirements appropriate to the alternative
  9 34 treatment technology.
  9 35    e.  Monitoring requirements appropriate to the alternative
 10  1 technology and size of the treatment system.
 10  2    f.  Sizing factors based on soil morphology.
 10  3    g.  Design standards for preapproved alternative technology
 10  4 system types.
 10  5    10.  The commission shall adopt rules for an expedited
 10  6 review and approval process for standardized treatment
 10  7 systems, expedited technical reviews for projects that meet
 10  8 the design standards adopted pursuant to subsection 9,
 10  9 paragraph "g", including standardized review checklists for
 10 10 the systems, and streamlined permit processing for systems
 10 11 that promote ecological wastewater management.
 10 12    11.  a.  The commission shall adopt rules pursuant to
 10 13 chapter 17A to administer this section.  All new or revised
 10 14 stream segment classifications and use designations shall be
 10 15 adopted by rule.  Any rule that establishes, modifies, or
 10 16 repeals existing water quality standards in this state shall
 10 17 be adopted in conformance with this section.
 10 18    b.  Data to substantiate a use designation for a classified
 10 19 stream segment shall be collected and used in accordance with
 10 20 the credible data standards as described in subsection 1 and
 10 21 in sections 455B.193 through 455B.195.
 10 22    c.  A new or revised use designation for a classified
 10 23 stream segment shall only occur as the result of a use
 10 24 attainability analysis.
 10 25    d.  A stream segment classification in existence on the
 10 26 effective date of this Act that is identified on the 2004 Iowa
 10 27 surface water classification list shall remain in effect until
 10 28 the department or its professional designee completes a use
 10 29 attainability analysis on each classified stream segment.  The
 10 30 use designation shall continue in effect without further
 10 31 rulemaking if, after the use attainability analysis is
 10 32 completed, the department determines that the 2004 Iowa
 10 33 surface water classification for that classified stream
 10 34 segment is the appropriate designated use for that stream
 10 35 segment.
 11  1    e.  All use attainability analyses shall be conducted in
 11  2 accordance with the following:
 11  3    (1)  A use attainability analysis for each classified
 11  4 stream segment shall be conducted by either the department or
 11  5 a professional designee.
 11  6    (2)  A use attainability analysis conducted by a
 11  7 professional designee shall comply with the following review
 11  8 process:
 11  9    (a)  Within thirty days after receipt of submission of a
 11 10 use attainability analysis, the department shall review and
 11 11 provide a written determination of whether the documentation
 11 12 submitted is complete.
 11 13    (b)  Within ninety days after receipt of submission of a
 11 14 completed use attainability analysis, the department shall
 11 15 review and provide a written determination of whether a new or
 11 16 revised designated use is appropriate for the classified
 11 17 stream segment.
 11 18    (3)  A use attainability analysis for a classified stream
 11 19 segment and the written determination of the appropriate
 11 20 designated use for the classified stream segment shall be made
 11 21 available to the public.
 11 22    (4)  Any regulated entity aggrieved by such a determination
 11 23 may make a written request, within thirty days from the date
 11 24 the written determination of the appropriate designated use is
 11 25 made available to the public, for a meeting with the director
 11 26 or the director's designee to appeal the determination.  The
 11 27 regulated entity shall be allowed to provide evidence that the
 11 28 designation is not appropriate under the criteria as
 11 29 established in this section.
 11 30    f.  The department shall comply with the following
 11 31 implementation schedule:
 11 32    (1)  By December 31, 2006, the department shall publish a
 11 33 list of all classified stream segments for which a use
 11 34 attainability analysis for recreational use has been
 11 35 completed, and whether recreational use has been determined to
 12  1 be or not to be attainable; and a list of all classified
 12  2 stream segments for which a use attainability analysis for
 12  3 recreational use has not been completed.  By November 30,
 12  4 2007, a minimum of twenty=five percent of the classified
 12  5 stream segments that have not had a use attainability analysis
 12  6 for recreational use completed shall have a use attainability
 12  7 analysis completed.  Each year, for the period beginning
 12  8 December 1, 2007, and ending November 30, 2010, a minimum of
 12  9 twenty=five percent of the classified stream segments that
 12 10 have not had an attainability analysis for recreational use
 12 11 completed that were listed on the list published by the
 12 12 department pursuant to this subparagraph shall have a use
 12 13 attainability analysis completed, unless less than twenty=five
 12 14 percent of such classified stream segments remain on the list.
 12 15    (2)  By October 31, 2007, the department shall review all
 12 16 stream segments to determine whether each stream segment can
 12 17 be classified as a classified stream segment as required
 12 18 pursuant to this section.  All stream segments classified for
 12 19 a designated use as of January 1, 2006, shall remain in effect
 12 20 until a date that is no earlier than the completion of the
 12 21 required review for the specific stream segment by the
 12 22 department or the department's professional designee.
 12 23    (3)  By December 31, 2007, the department shall publish a
 12 24 list of all classified stream segments for which a use
 12 25 attainability analysis for use other than recreational use has
 12 26 been completed, and a list of all classified stream segments
 12 27 for which a use other than recreational use has been
 12 28 determined to be or not to be attainable; and a list of all
 12 29 classified stream segments for which a use attainability
 12 30 analysis for a use other than recreational use has not been
 12 31 completed.  By November 30, 2008, a minimum of twenty=five
 12 32 percent of the classified stream segments that have not had a
 12 33 use attainability analysis for use other than recreational use
 12 34 completed shall have a use attainability analysis completed.
 12 35 Each year, for the period beginning December 1, 2008, and
 13  1 ending November 30, 2011, a minimum of twenty=five percent of
 13  2 the classified stream segments that have not had a use
 13  3 attainability analysis for use other than recreational use
 13  4 completed that were listed on the list published by the
 13  5 department pursuant to this subparagraph shall have a use
 13  6 attainability analysis completed, unless less than twenty=five
 13  7 percent of such classified stream segments remain on the list.
 13  8    12.  An operation permit issued pursuant to section
 13  9 455B.173 that expires before a use attainability analysis is
 13 10 performed shall remain in effect and the department shall not
 13 11 renew the permit until a use attainability analysis is
 13 12 completed.  If a use attainability analysis demonstrates that
 13 13 a change in the use designation is warranted, the permit shall
 13 14 remain in effect and the department shall not renew the permit
 13 15 until the stream use designation is changed.  In order for an
 13 16 expired permit to remain in effect, the permit holder must
 13 17 meet the requirements for a permit renewal.
 13 18    13.  This section shall not be construed to authorize
 13 19 public access to private property unless such public access is
 13 20 otherwise authorized by law or by written permission of the
 13 21 landowner.
 13 22    Sec. 5.  Section 455B.194, subsection 2, Code 2005, is
 13 23 amended by striking the subsection.
 13 24    Sec. 6.  WATERSHED QUALITY TRADING TASK FORCE.
 13 25    1.  A watershed quality trading task force is established
 13 26 within the department of natural resources in cooperation with
 13 27 the Iowa department of agriculture and land stewardship.  By
 13 28 June 30, 2008, the task force shall report to the general
 13 29 assembly its recommendations for a voluntary statewide water
 13 30 quality trading program which is designed to achieve all of
 13 31 the following goals:
 13 32    a.  Improving water quality and optimizing the costs of
 13 33 voluntarily achieving and maintaining water quality standards.
 13 34    b.  Creating economic incentives for voluntary nonpoint
 13 35 source load reductions, point source discharge reductions
 14  1 beyond those required by the federal Clean Water Act,
 14  2 implementation of pollution prevention programs, wetland
 14  3 restoration and creation, and the development of emerging
 14  4 pollution control technologies.
 14  5    c.  Facilitating the implementation of total maximum daily
 14  6 loads, urban stormwater control programs, and nonpoint source
 14  7 management practices required or authorized under the federal
 14  8 Clean Water Act.  This paragraph shall not be construed to
 14  9 obviate the requirement to develop a total maximum daily load
 14 10 for waters that do not meet water quality standards as
 14 11 required by section 303(d) of the federal Clean Water Act or
 14 12 to delay implementation of a total maximum daily load that has
 14 13 been approved by the department and the director.
 14 14    d.  Providing incentives for the development of new and
 14 15 more accurate and reliable pollution control quantification
 14 16 protocols and procedures.
 14 17    e.  Providing greater flexibility through community=based,
 14 18 nonregulatory, and performance=driven watershed management
 14 19 planning.
 14 20    2.  Membership on the task force shall consist of all of
 14 21 the following:
 14 22    a.  Voting members of the task force shall include all of
 14 23 the following:
 14 24    (1)  One member selected by the Iowa association of
 14 25 municipal utilities.
 14 26    (2)  One member selected by the Iowa league of cities.
 14 27    (3)  One member selected by the Iowa association of
 14 28 business and industry.
 14 29    (4)  One member selected by the Iowa water pollution
 14 30 control association.
 14 31    (5)  One member selected by the Iowa rural water
 14 32 association.
 14 33    (6)  One member selected by growing green communities.
 14 34    (7)  One member selected by the Iowa environmental council.
 14 35    (8)  One member selected by the Iowa farm bureau
 15  1 federation.
 15  2    (9)  One member selected by the Iowa corn growers
 15  3 association.
 15  4    (10)  One member selected by the Iowa soybean association.
 15  5    (11)  One member selected by the Iowa pork producers
 15  6 council.
 15  7    (12)  One member selected by the department of natural
 15  8 resources representing soil and water conservation districts
 15  9 of Iowa.
 15 10    (13)  One person representing the department of agriculture
 15 11 and land stewardship selected by the secretary of agriculture.
 15 12    (14)  One person representing the department of natural
 15 13 resources selected by the director.
 15 14    b.  Nonvoting members of the task force shall include all
 15 15 of the following:
 15 16    (1)  Two members of the senate.  One senator shall be
 15 17 appointed by the republican leader of the senate and one
 15 18 senator shall be appointed by the democratic leader of the
 15 19 senate.
 15 20    (2)  Two members of the house of representatives.  One
 15 21 member shall be appointed by the speaker of the house of
 15 22 representatives and one member shall be appointed by the
 15 23 minority leader of the house of representatives.
 15 24                           EXPLANATION
 15 25    This bill relates to water quality standards.
 15 26    The bill eliminates a requirement that a disposal system
 15 27 permit shall not be issued unless the conditions of the permit
 15 28 assure that any discharge from the disposal system meets or
 15 29 will meet all applicable state and federal water quality
 15 30 standards and effluent standards and the issuance of the
 15 31 permit is not otherwise prohibited by the federal Water
 15 32 Pollution Control Act.
 15 33    The bill provides that a water of the state is a classified
 15 34 stream segment when one of three possible criteria is met.
 15 35 The possible criteria include certain median flow rates of the
 16  1 stream segment, inhabitation by a threatened or endangered
 16  2 aquatic specie, or certain waters which provide a refuge for
 16  3 aquatic life and permit biological recolonization of
 16  4 intermittently flowing segments.
 16  5    The bill provides that all waters of the state not
 16  6 classified as a stream segment shall be identified as an
 16  7 unclassified stream segment and shall be subject only to
 16  8 narrative water quality standards.
 16  9    The bill requires the environmental protection commission
 16 10 to adopt rules to define designated uses of classified stream
 16 11 segments in categories of agricultural water supply use,
 16 12 aquatic life support, domestic water supply, food procurement
 16 13 use, industrial water supply use, recreational use including
 16 14 primary, secondary, and children's recreational use, and
 16 15 seasonal use.  The bill requires the commission to include
 16 16 subcategories of designated uses as deemed necessary by the
 16 17 commission.  The bill provides considerations for the
 16 18 department's determination of whether a designated use is
 16 19 attainable.
 16 20    The bill provides that the environmental protection
 16 21 commission shall adopt rules designating water quality
 16 22 standards which shall be specific to each designated use of
 16 23 classified stream segments.  The bill requires the standards
 16 24 to take into account the different characteristics of each
 16 25 designated use and provide for only the appropriate level of
 16 26 protection based upon that particular use.  The bill requires
 16 27 that the appropriate level of protection and standards be
 16 28 determined on a scientific basis.  The bill provides that the
 16 29 water quality standards shall be reviewed and revised by the
 16 30 department of natural resources as new scientific data become
 16 31 available to support revision.
 16 32    The bill provides that, prior to any change in the use
 16 33 designation of any classified stream segment, the department
 16 34 or a designee of the department shall conduct a use
 16 35 attainability analysis.  The bill requires the commission to
 17  1 adopt rules providing for certain criteria to be used in the
 17  2 development of a use attainability analysis.
 17  3    The bill provides that a stream segment shall not be
 17  4 classified for a designated use if certain conditions exist
 17  5 which prevent designated uses from being attainable.  The
 17  6 conditions include pollutant concentrations, certain flow
 17  7 rates, hydrologic modifications, physical conditions related
 17  8 to the natural features of the water body, and restrictive
 17  9 controls placed on the water body.
 17 10    The bill provides that, prior to classifying a stream
 17 11 segment for a specific use, the department shall consider the
 17 12 substantial and widespread economic and social impact that may
 17 13 occur as a result of a classification.  To make this
 17 14 determination, the bill requires the department to review
 17 15 circumstances that are unique to each regulated entity to
 17 16 determine whether substantial and widespread economic and
 17 17 social impact would occur.  The bill allows the department to
 17 18 grant a regulated entity a variance from meeting a water
 17 19 quality standard if it is determined that the regulated entity
 17 20 or the affected community would suffer substantial and
 17 21 widespread economic and social impact.  The bill requires the
 17 22 variance to be based on the availability of funding that
 17 23 minimizes the impact on the regulated entity's customers or
 17 24 the affected community's taxpayers.
 17 25    The bill provides that a regulated entity may use an
 17 26 alternative technology system to meet technology standards.
 17 27 The bill requires the department to convene a technical
 17 28 advisory committee to assist in the development of rules to
 17 29 allow for the use of appropriate alternative technologies.
 17 30    The bill provides that all new or revised stream
 17 31 classifications and use designations shall be adopted by rule.
 17 32 The bill provides that data collected to substantiate a use
 17 33 designation for a classified stream segment shall be in
 17 34 accordance with the credible data standards of current law.
 17 35 The bill provides that a new or revised use designation for a
 18  1 classified stream segment shall only occur as the result of a
 18  2 use attainability analysis.  The bill provides that a stream
 18  3 classification in existence on the effective date of the bill
 18  4 that is identified on the 2004 Iowa surface water
 18  5 classification list shall remain in effect until the
 18  6 department or its professional designee completes a use
 18  7 attainability analysis on each classified stream segment.  The
 18  8 bill provides that a use designation shall continue in effect
 18  9 without further rulemaking if, after the use attainability
 18 10 analysis is completed, the department determines that the 2004
 18 11 surface water classification for that classified stream
 18 12 segment is the appropriate designated use for that segment.
 18 13    The bill provides that all use attainability analyses shall
 18 14 be conducted by either the department or a professional
 18 15 designee, that a use attainability analysis for a classified
 18 16 stream segment and the written determination of the
 18 17 appropriate designated use for such a classified stream
 18 18 segment shall be made available to the public, and any
 18 19 regulated entity aggrieved by such a determination may make a
 18 20 written request, within 30 days from the date the written
 18 21 determination of the appropriate designated use is made
 18 22 available to the public, for a meeting with the director or
 18 23 the director's designee to appeal the determination.
 18 24    The bill provides that the department shall comply with an
 18 25 implementation schedule for the provisions of the bill.
 18 26    The bill provides that, by December 31, 2006, the
 18 27 department shall publish a list of all classified stream
 18 28 segments for which a use attainability analysis for
 18 29 recreational use has been completed, and whether recreational
 18 30 use has been determined to be or not to be attainable, and a
 18 31 list for which a use attainability analysis for recreational
 18 32 use has not been completed.  The bill provides a schedule for
 18 33 the incremental completion of use attainability analyses of
 18 34 classified stream segments for recreational use.  The bill
 18 35 requires completion by November 30, 2010.
 19  1    The bill provides that, by October 31, 2007, the department
 19  2 shall review all stream segments to determine whether each
 19  3 stream segment can be classified as a classified stream
 19  4 segment as required pursuant to the bill.  All stream segments
 19  5 classified for a designated use as of January 1, 2006, shall
 19  6 remain in effect until a date that is no earlier than the
 19  7 completion of the required analysis for the specific stream
 19  8 segment by the department or the department's designee.
 19  9    The bill provides that, by December 31, 2007, the
 19 10 department shall publish a list of all classified stream
 19 11 segments for which a use attainability analysis for use other
 19 12 than recreational use has been completed, and whether a use
 19 13 other than recreational use has been determined to be or not
 19 14 to be attainable, and a list for which a use attainability
 19 15 analysis for a use other than recreational use has not been
 19 16 completed.  The bill provides a schedule for the incremental
 19 17 completion of use attainability analyses of classified stream
 19 18 segments for uses other than a recreational use.  The bill
 19 19 requires completion by November 30, 2011.
 19 20    The bill provides that an operation permit issued to a
 19 21 disposal system that expires before a use attainability
 19 22 analysis is performed shall remain in effect and the
 19 23 department shall not renew the permit until a use
 19 24 attainability analysis is completed.  The bill provides that,
 19 25 if a use attainability analysis demonstrates that a change in
 19 26 the use designation is warranted, the permit shall remain in
 19 27 effect and the department shall not renew the permit until the
 19 28 stream use designation is changed.  The bill provides that, in
 19 29 order for an expired permit to remain in effect, the permit
 19 30 holder must meet the requirements for a permit renewal.
 19 31    The bill provides that the bill shall not be construed to
 19 32 allow public access to private property unless such public
 19 33 access is otherwise authorized by law or by written permission
 19 34 of the landowner.
 19 35    The bill eliminates the provision that credible data is not
 20  1 required for a report required by section 305(b) of the
 20  2 federal Water Pollution Control Act and that credible data is
 20  3 not required for the establishment of a designated use or
 20  4 other classification of a water of the state.
 20  5    The bill establishes a watershed quality trading task force
 20  6 within the department in cooperation with the Iowa department
 20  7 of agriculture and land stewardship.  The bill provides that,
 20  8 by June 30, 2008, the task force shall report to the general
 20  9 assembly its recommendations for a voluntary statewide water
 20 10 quality trading program.
 20 11 LSB 5158SK 81
 20 12 tm:rj/sh/8