Senate Study Bill 1126



                                    SENATE FILE       
                                    BY  (PROPOSED COMMITTEE ON
                                        AGRICULTURE BILL BY
                                        CHAIRPERSON SENG)

                                         A BILL FOR

     1 An Act transferring the water resources coordinating council
     2    from the office of the governor to the department of
     3    agriculture and land stewardship.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 466B.2, subsection 2, Code 2011, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 466B.3, subsection 1, Code 2011, is amended
  1  4 to read as follows:
  1  5    1.  Council established.  A water resources coordinating
  1  6 council is established within the office of the governor
  1  7  department of agriculture and land stewardship.
  1  8    Sec. 3.  Section 466B.3, subsection 4, paragraph c, Code
  1  9 2011, is amended by striking the paragraph.
  1 10    Sec. 4.  Section 466B.3, subsection 4, paragraph l,
  1 11 unnumbered paragraph 1, Code 2011, is amended to read as
  1 12 follows:
  1 13    The governor secretary, who shall be the chairperson, or
  1 14 the governor's secretary's designee. As the chairperson,
  1 15 and in order to further the coordination efforts of the
  1 16 council, the governor secretary may invite representatives
  1 17 from any other public agency, private organization, business,
  1 18 citizen group, or nonprofit entity to give public input at
  1 19 council meetings, provided the entity has an interest in the
  1 20 coordinated management of land resources, soil conservation,
  1 21 flood mitigation, or water quality. The governor secretary
  1 22  shall also invite and solicit advice from the following:
  1 23    Sec. 5.  Section 466B.3, subsection 5, paragraph a, Code
  1 24 2011, is amended to read as follows:
  1 25    a.  The council shall be convened by the office of the
  1 26 governor secretary of agriculture at least quarterly.
  1 27    Sec. 6.  Section 466B.3, subsection 6, paragraph c, Code
  1 28 2011, is amended to read as follows:
  1 29    c.  The council shall develop recommendations for policies
  1 30 and funding promoting a watershed management approach to
  1 31 reduce the adverse impact of future flooding on this state's
  1 32 residents, businesses, communities, and soil and water quality.
  1 33 Policy and funding recommendations shall be submitted to the
  1 34 governor and the general assembly not later than November
  1 35 15, 2009. The council shall consider policies and funding
  2  1 options for various strategies to reduce the impact of
  2  2 flooding including but not limited to additional floodplain
  2  3 regulation; wetland protection, restoration, and construction;
  2  4 the promulgation and implementation of statewide storm water
  2  5 management standards; conservation easements and other land
  2  6 management; perennial ground cover and other agricultural
  2  7 conservation practices; pervious pavement, bioswales, and
  2  8 other urban conservation practices; and permanent or temporary
  2  9 water retention structures. In developing recommendations,
  2 10 the council shall consult with hydrological and land use
  2 11 experts, representatives of cities, counties, drainage and
  2 12 levee districts, agricultural interests, and soil and water
  2 13 conservation districts, and other urban and regional planning
  2 14 experts.
  2 15    Sec. 7.  Section 466B.5, Code 2011, is amended to read as
  2 16 follows:
  2 17    466B.5  Regional watershed assessment, planning, and
  2 18 prioritization.
  2 19    1.  Regional watershed assessment program.  The department of
  2 20 natural resources shall create a regional watershed assessment
  2 21 program. The program shall assess all the regional watersheds
  2 22 in the state.
  2 23    a.  The statewide assessment shall be conducted at the rate
  2 24 of approximately one=fifth of the watersheds per year, and an
  2 25 initial full assessment shall be completed within five years.
  2 26 Thereafter, the department of natural resources shall review
  2 27 and update the assessments on a regular basis.
  2 28    b.  Each regional watershed assessment shall provide a
  2 29 summary of the overall condition of the watershed. The
  2 30 information provided in the summary may include land use
  2 31 patterns, soil types, slopes, management practices, stream
  2 32 conditions, and both point and nonpoint source impairments.
  2 33    c.  In conducting a regional watershed assessment, the
  2 34 department of natural resources may provide opportunities for
  2 35 local data collection and input into the assessment process.
  3  1    2.  Planning and prioritization.  In conducting the regional
  3  2 watershed assessment program, the department of natural
  3  3 resources shall provide hydrological and geological information
  3  4 sufficient for the water resources coordinating council to
  3  5 prioritize watersheds statewide and for the various communities
  3  6 in those watersheds to plan remedial efforts in their local
  3  7 communities and subwatersheds.
  3  8    3.  Report to council.  Upon completion of the statewide
  3  9 assessment, and upon updating the assessments, the department
  3 10 of natural resources shall report the results of the assessment
  3 11 to the council and the general assembly, and shall make the
  3 12 report publicly available.
  3 13    Sec. 8.  Section 466B.6, subsection 1, Code 2011, is amended
  3 14 to read as follows:
  3 15    1.  Facilitation of community=based subwatershed plans.  After
  3 16 the department's department of natural resources' completion
  3 17 of the initial regional watershed assessment, and after the
  3 18 council's prioritization of the regional watersheds, the
  3 19 council shall designate one or more of the agencies represented
  3 20 on the council to facilitate the development and implementation
  3 21 of local, community=based subwatershed improvement plans.
  3 22    Sec. 9.  Section 466B.7, Code 2011, is amended to read as
  3 23 follows:
  3 24    466B.7  Community=based subwatershed monitoring.
  3 25    1.  Monitoring assistance.  After completion of the
  3 26 statewide regional watershed assessment and prioritization,
  3 27 and throughout the implementation of local community=based
  3 28 subwatershed improvement plans, the department of natural
  3 29 resources shall assist communities with the monitoring and
  3 30 measurement of local subwatersheds. The monitoring and
  3 31 measurement shall be designed for the particular needs of
  3 32 individual communities.
  3 33    2.  Data collection and use.  Local communities in which
  3 34 the department of natural resources conducts subwatershed
  3 35 monitoring shall use the information to support subwatershed
  4  1 planning activities, do local data collection, and identify
  4  2 priority areas needing additional resources. Local communities
  4  3 shall also collect data over time and use the data to evaluate
  4  4 the impacts of their management efforts.
  4  5    Sec. 10.  Section 466B.8, Code 2011, is amended to read as
  4  6 follows:
  4  7    466B.8  Wastewater and storm water infrastructure assessment.
  4  8    The department of natural resources shall assess and
  4  9 prioritize communities within a watershed presenting the
  4 10 greatest level of risk to water quality and the health of
  4 11 residents. This prioritization shall include both sewered and
  4 12 unsewered communities.
  4 13    Sec. 11.  Section 466B.9, Code 2011, is amended to read as
  4 14 follows:
  4 15    466B.9  Rulemaking authority.
  4 16    The department of natural resources and the department
  4 17 of agriculture and land stewardship shall have the power and
  4 18 authority reasonably necessary to carry out the duties imposed
  4 19 by this chapter. As to the department of natural resources,
  4 20 this includes rulemaking authority to carry out the regional
  4 21 watershed assessment program described in section 466B.5. As
  4 22 to the department of agriculture and land stewardship, this
  4 23 includes rulemaking authority to assist in the implementation
  4 24 of community=based subwatershed improvement plans.
  4 25                           EXPLANATION
  4 26    This bill amends Code chapter 466B which provides for the
  4 27 protection of surface water in this state by establishing a
  4 28 water resources coordinating council within the office of the
  4 29 governor.  The council includes members representing a number
  4 30 of heads of state agencies as well as the deans of colleges
  4 31 of board of regents institutions.  The council is responsible
  4 32 for coordinating governmental efforts to improve water quality
  4 33 in an efficient and fiscally responsible manner.  The bill
  4 34 also includes programs administered by the department of
  4 35 natural resources and the department of agriculture and land
  5  1 stewardship.  The bill transfers the council from the office
  5  2 of the governor to the secretary of agriculture, and provides
  5  3 that the secretary of agriculture and not the governor serves
  5  4 as the council's chairperson.  A number of provisions in the
  5  5 Code chapter refer to the department of natural resources as
  5  6 simply "department".  The bill includes the full name of the
  5  7 department, but does not change its powers or duties.
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