Text: SSB1125            Text: SSB1127


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: TLSB 2483XC (3) 84 da/nh 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. LSB 2483XC (3) 84 da/nh
Text: SSB1125            Text: SSB1127