Text: SSB3188            Text: SSB3190


Senate Study Bill 3189

SENATE FILE BY (PROPOSED COMMITTEE ON REBUILD IOWA BILL BY CHAIRPERSON HOGG) A BILL FOR 1 An Act authorizing the creation of watershed management 2 authorities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6191SC (5) 83 tm/sc PAG LIN 1 1 Section 1. NEW SECTION. 28P.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Authority" means a watershed management authority 1 5 created pursuant to a chapter 28E agreement as provided in this 1 6 chapter. 1 7 2. "Board" means a board of directors of a watershed 1 8 management authority. 1 9 3. "Political subdivision" means cities, counties, and soil 1 10 and water conservation districts. 1 11 Sec. 2. NEW SECTION. 28P.2 Watershed management authorities 1 12 created. 1 13 1. One or more political subdivisions may create, by chapter 1 14 28E agreement, a watershed management authority pursuant to 1 15 this chapter. The participating political subdivisions must be 1 16 located in the same United States geological survey hydrologic 1 17 unit code 8 watershed. 1 18 2. The chapter 28E agreement shall include a map showing the 1 19 area and boundaries of the authority. 1 20 3. A county or a soil and water conservation district may 1 21 participate in more than one authority created pursuant to this 1 22 chapter. 1 23 Sec. 3. NEW SECTION. 28P.3 Duties. 1 24 A watershed management authority shall perform all of the 1 25 following duties: 1 26 1. Assess the flood risks in the watershed. 1 27 2. Assess the water quality in the watershed. 1 28 3. Assess options for reducing flood risk and improving 1 29 water quality in the watershed. 1 30 4. Monitor federal flood risk planning and activities. 1 31 5. Educate residents of the watershed area regarding water 1 32 quality and flood risks. 1 33 6. Allocate moneys made available to the authority for 1 34 purposes of water quality and flood mitigation. 1 35 7. Make and enter into contracts and agreements and execute 2 1 all instruments necessary or incidental to the performance of 2 2 the duties of the authority. 2 3 8. Set rates for dues for participating cities and counties. 2 4 Dues shall be assessed on a proportional basis based on 2 5 population, land area, or both of the participating cities and 2 6 counties as determined by the authority. 2 7 Sec. 4. NEW SECTION. 28P.4 Board of directors. 2 8 1. An authority shall be governed by a board of directors. 2 9 Members of a board of directors of an authority shall be 2 10 divided among the political subdivisions comprising the 2 11 authority and shall be appointed by the respective political 2 12 subdivision's elected legislative body. 2 13 2. Representation on a board and the number of directors 2 14 comprising a board shall be determined by agreement between 2 15 the political subdivisions comprising the authority. The 2 16 composition of the board regarding participating cities and 2 17 counties shall be based on the proportion of the population of 2 18 each participating city or county to the total population of 2 19 the participating cities and counties. Each participating soil 2 20 and water conservation district shall have one director on the 2 21 board. 2 22 3. The directors shall serve staggered terms of four years. 2 23 The initial board shall determine, by lot, the initial terms 2 24 to be shortened and lengthened, as necessary, to achieve 2 25 staggered terms. A person appointed to fill a vacancy shall be 2 26 appointed in the same manner as the original appointment for 2 27 the duration of the unexpired term. A director is eligible for 2 28 reappointment. 2 29 4. A board may provide procedures for the removal of a 2 30 director who fails to attend three consecutive regular meetings 2 31 of the board. If a director is so removed, a successor shall be 2 32 appointed for the duration of the unexpired term of the removed 2 33 director in the same manner as the original appointment. The 2 34 appointing body may at any time remove a director appointed by 2 35 it for misfeasance, nonfeasance, or malfeasance in office. 3 1 5. A board shall adopt bylaws and shall elect one director 3 2 as chairperson and one director as vice chairperson, each for a 3 3 term of two years, and shall appoint a secretary who need not 3 4 be a director. 3 5 6. A majority of the membership to a board of directors 3 6 shall constitute a quorum for the purpose of holding a meeting 3 7 of the board. The affirmative vote of a majority of a quorum 3 8 shall be necessary for any action taken by an authority unless 3 9 the authority's bylaws specify those particular actions of the 3 10 authority requiring a greater number of affirmative votes. A 3 11 vacancy in the membership of the board shall not impair the 3 12 rights of a quorum to exercise all the rights and perform all 3 13 the duties of the authority. 3 14 Sec. 5. NEW SECTION. 28P.5 Nonparticipation. 3 15 Notwithstanding any other contrary provisions, a city or 3 16 county in a United States geological survey hydrologic unit 3 17 code 8 watershed that does not participate in a watershed 3 18 management authority is not eligible to receive any financial 3 19 assistance from the state for water quality, watershed, 3 20 floodplain, or flood mitigation purposes. 3 21 Sec. 6. NEW SECTION. 28P.6 Activities coordination. 3 22 In all activities of a watershed management authority, the 3 23 authority shall coordinate and cooperate with the department 3 24 of natural resources, the department of agriculture and land 3 25 stewardship, and soil and water conservation districts. 3 26 EXPLANATION 3 27 This bill authorizes the creation of watershed management 3 28 authorities. 3 29 The bill allows one or more cities, counties, and soil and 3 30 water conservation districts to create a watershed management 3 31 authority. The participating cities, counties, and soil and 3 32 water conservation districts must be located in the same United 3 33 States geological survey hydrologic unit code 8 watershed. 3 34 A county or a soil and water conservation district may 3 35 participate in more than one authority. 4 1 The bill requires a watershed management authority to 4 2 assess the flood risks in the watershed, assess the water 4 3 quality in the watershed, assess options for reducing flood 4 4 risk and improving water quality in the watershed, monitor 4 5 federal flood risk planning and activities, educate the 4 6 residents of the watershed area regarding water quality and 4 7 flood risks, allocate moneys made available to the authority 4 8 for purposes of water quality and flood mitigation, make and 4 9 enter into contracts and agreements, and set rates for dues for 4 10 participating cities and counties. 4 11 The bill provides that a watershed management authority 4 12 shall be governed by a board of directors. 4 13 The bill provides that, notwithstanding any other contrary 4 14 provisions, a city or county in a United States geological 4 15 survey hydrologic unit code 8 watershed that does not 4 16 participate in a watershed management authority shall not be 4 17 eligible to receive any financial assistance from the state 4 18 for water quality, watershed, floodplain, or flood mitigation 4 19 purposes. 4 20 The bill provides that in all activities of a watershed 4 21 management authority, the authority shall coordinate and 4 22 cooperate with the department of natural resources, the 4 23 department of agriculture and land stewardship, and soil and 4 24 water conservation districts. LSB 6191SC (5) 83 tm/sc
Text: SSB3188            Text: SSB3190