Bill Text: IA HF735 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to the management of soil and water resources, including projects described in the Iowa nutrient reduction strategy, and the use of a county tax levy. (Formerly HF 571.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-03-25 - Subcommittee: Behn, Boulton, and Sweeney. S.J. 728. [HF735 Detail]
Download: Iowa-2019-HF735-Amended.html
House
File
735
-
Reprinted
HOUSE
FILE
735
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HF
571)
(As
Amended
and
Passed
by
the
House
March
20,
2019
)
A
BILL
FOR
An
Act
relating
to
the
management
of
soil
and
water
resources,
1
including
projects
described
in
the
Iowa
nutrient
reduction
2
strategy,
and
the
use
of
a
county
tax
levy.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
735
(3)
88
da/rn/md
H.F.
735
Section
1.
Section
161A.3,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
9A.
“Iowa
nutrient
reduction
strategy”
3
means
the
same
as
defined
in
section
455B.171.
4
NEW
SUBSECTION
.
12A.
“Point
source”
means
the
same
as
5
defined
in
section
455B.171.
6
Sec.
2.
Section
161A.7,
subsection
1,
paragraph
d,
Code
7
2019,
is
amended
to
read
as
follows:
8
d.
To
cooperate,
or
enter
into
agreements
with,
and
within
9
the
limits
of
appropriations
duly
made
available
to
it
by
law,
10
to
furnish
financial
or
other
aid
assistance
to
any
agency,
11
governmental
or
otherwise,
or
any
owner
or
occupier
of
lands
12
within
the
district,
in
the
carrying
on
of
including
by
doing
13
all
of
the
following:
14
(1)
Carrying
out
erosion-control
and
watershed
protection
15
and
flood
prevention
operations
within
the
district,
subject
16
to
such
conditions
as
the
commissioners
may
deem
necessary
to
17
advance
the
purposes
of
this
chapter
.
18
(2)
Carrying
out
projects
or
operations
within
the
19
district,
as
provided
in
paragraph
“p”
,
subject
to
such
20
conditions
as
the
commissioners
may
deem
necessary
to
advance
21
the
purposes
of
this
chapter.
22
Sec.
3.
Section
161A.7,
subsection
1,
Code
2019,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
p.
To
carry
out
soil
erosion
control,
25
watershed
protection
or
improvement,
water
resource
26
restoration,
flood
prevention
or
control,
and
water
quality
27
protection
projects
and
operations,
within
the
district.
The
28
water
quality
protection
projects
and
operations
may
include
29
but
are
not
limited
to
efforts
to
maintain,
protect,
and
30
improve
the
quality
of
surface
water
and
groundwater
from
point
31
and
nonpoint
sources,
including
by
doing
all
of
the
following:
32
(1)
Reducing
or
eliminating
pollution
caused
by
access
to
33
agricultural
drainage
or
sinkholes,
sedimentation,
or
chemical
34
pollutants.
35
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(2)
Reducing
or
removing
nutrients
and
other
pollutants
in
1
or
from
surface
water
and
groundwater.
2
(3)
Reducing
or
eliminating
nutrient
loads
from
surface
3
water
or
groundwater.
4
(4)
Achieving
or
furthering
any
of
the
objectives,
goals,
5
and
targets
described
in
the
Iowa
nutrient
strategy.
6
Sec.
4.
Section
161A.13,
Code
2019,
is
amended
to
read
as
7
follows:
8
161A.13
Purpose
of
subdistricts.
9
Subdistricts
of
a
soil
and
water
conservation
district
may
10
be
formed
as
provided
in
this
chapter
for
the
purposes
of
11
carrying
out
watershed
protection
and
flood
prevention
programs
12
to
carry
out
the
same
purposes
of
the
district
under
section
13
161A.7,
within
the
territory
of
the
subdistrict
but
shall
not
14
be
formed
solely
for
the
purpose
of
establishing
or
taking
over
15
the
operation
of
an
existing
drainage
district.
16
Sec.
5.
Section
161C.1,
Code
2019,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
01.
“Authorized
project”
means
a
project
19
that
is
carried
out
to
support
any
of
the
following:
20
a.
Soil
erosion
control.
21
b.
Watershed
protection
or
improvement.
22
c.
Water
resource
restoration.
23
d.
Flood
prevention
or
control.
24
e.
Water
quality
protection
practices.
25
f.
Water
quality
projects
and
operations,
including
as
26
required
to
achieve
or
further
any
of
the
objectives,
goals,
27
and
targets
described
in
the
Iowa
nutrient
strategy.
28
NEW
SUBSECTION
.
4A.
“Financing
entity”
means
a
public
29
or
private
agency
as
defined
in
section
28E.2
that
provides
30
funding
to
persons
through
loans,
forgivable
loans,
grants,
or
31
other
financial
instruments,
and
which
may
include
but
is
not
32
limited
to
providing
financing
under
chapter
28F,
331,
or
384.
33
NEW
SUBSECTION
.
4B.
“Iowa
nutrient
reduction
strategy”
34
means
the
same
as
defined
in
section
455B.171.
35
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NEW
SUBSECTION
.
5A.
“Point
source”
means
the
same
as
1
defined
in
section
455B.171.
2
NEW
SUBSECTION
.
5B.
“Public
purpose
entity”
means
a
3
county,
city,
other
political
subdivision
or
local
agency,
a
4
rural
water
district
incorporated
and
organized
pursuant
to
5
the
provisions
of
chapter
357A,
or
a
rural
water
association
6
organized
and
incorporated
as
a
cooperative
association
under
7
chapter
499
or
as
a
nonprofit
corporation
under
chapter
504.
8
Sec.
6.
Section
161C.2,
subsection
1,
paragraph
a,
Code
9
2019,
is
amended
to
read
as
follows:
10
a.
Each
A
soil
and
water
conservation
district,
alone
11
and
whenever
practical
in
conjunction
with
other
districts,
12
shall
public
purpose
entities,
or
financing
entities
shall
13
carry
out
individual,
district-wide
,
and
multiple-district
14
projects
to
support
water
protection
practices
in
the
district
15
or
districts
,
including
but
not
limited
to
authorized
projects
16
to
protect
this
state’s
groundwater
and
surface
water
from
17
point
and
nonpoint
sources
of
contamination,
including
but
18
not
limited
to
contamination
by
agricultural
drainage
wells,
19
sinkholes,
sedimentation,
or
chemical
pollutants
.
The
projects
20
and
operations
include
but
are
not
limited
to
practices
or
21
other
efforts
to
reduce
or
eliminate
pollution
caused
by
access
22
to
agricultural
drainage
wells
or
sinkholes,
sedimentation,
23
or
chemical
pollutants,
as
described
in
the
Iowa
nutrient
24
reduction
strategy.
25
Sec.
7.
Section
161C.3,
Code
2019,
is
amended
to
read
as
26
follows:
27
161C.3
Cooperation
with
other
agencies
public
purpose
28
entities
and
financing
entities
.
29
Soil
A
soil
and
water
conservation
districts
district
may
30
enter
into
agreements
an
agreement
with
the
United
States
31
federal
government
,
as
provided
by
state
law,
or
with
the
32
state
of
Iowa
or
any
agency
of
the
state,
any
other
soil
and
33
water
conservation
district,
or
other
political
subdivision
34
of
this
state
a
public
purpose
entity,
or
a
financing
entity
,
35
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for
cooperation
in
preventing,
controlling,
or
attempting
to
1
prevent
or
control
contamination
the
pollution
of
groundwater
2
or
surface
water
or
groundwater
by
point
and
nonpoint
sources
3
of
pollution
.
Soil
and
water
conservation
districts
may
4
accept,
as
provided
by
state
law,
any
money
disbursed
for
water
5
quality
preservation
purposes
by
the
federal
government
or
any
6
agency
of
the
federal
government,
and
expend
the
money
for
the
7
purposes
for
which
it
was
received.
8
Sec.
8.
Section
161E.1,
Code
2019,
is
amended
to
read
as
9
follows:
10
161E.1
Authority
of
board.
11
1.
a.
If
a
county,
soil
and
water
conservation
district,
12
a
subdistrict
of
a
soil
and
water
conservation
district,
13
political
subdivision
of
the
state,
or
other
local
agency
a
14
public
purpose
entity,
or
a
financing
entity
engages
or
in,
15
participates
in
a
project
for
flood
or
erosion
control,
flood
16
prevention
,
or
carries
out
an
authorized
project,
including
17
but
not
limited
to
a
water
quality
project
or
operation
,
or
18
engages
in,
participates
in,
or
carries
out
a
project
for
19
the
conservation,
development,
utilization,
and
disposal
20
of
water,
in
cooperation
with
the
federal
government,
or
a
21
department
or
agency
of
the
federal
government,
the
counties
22
in
which
the
project
is
carried
on
out
may
,
act
through
the
23
board
of
supervisors,
construct,
or
under
a
chapter
28E
or
28F
24
agreement,
to
do
any
of
the
following:
25
(1)
Construct,
operate,
and
maintain
the
project
on
lands
26
under
the
control
or
jurisdiction
of
the
county
dedicated
to
27
county
use
,
or
furnish
.
28
(2)
Furnish
financial
and
other
assistance
in
connection
29
with
the
projects.
Flood,
soil
erosion
control,
and
watershed
30
improvement
31
b.
Authorized
projects
,
including
but
not
limited
to
water
32
quality
projects
and
operations,
are
presumed
to
be
for
the
33
protection
of
the
tax
base
of
the
county,
for
the
protection
of
34
public
roads
and
lands,
and
for
the
protection
of
the
public
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health,
sanitation,
safety,
and
general
welfare.
1
Sec.
9.
NEW
SECTION
.
161E.1A
Definitions.
2
As
used
in
this
chapter,
unless
the
context
otherwise
3
requires:
4
1.
“Authorized
project”
means
a
project
that
is
carried
out
5
to
support
any
of
the
following:
6
a.
Soil
erosion
control
project.
7
b.
Watershed
protection
or
improvement
project.
8
c.
Water
resource
restoration
project.
9
d.
Flood
prevention
or
control.
10
e.
Water
quality
protection
practices.
11
f.
Water
quality
projects
and
operations,
including
those
12
projects
described
in
the
Iowa
nutrient
reduction
strategy.
13
2.
“Financing
entity”
means
the
same
as
defined
in
section
14
161C.1.
15
3.
“Iowa
nutrient
reduction
strategy”
means
the
same
as
16
defined
in
section
455B.171.
17
4.
“Point
source”
means
the
same
as
defined
in
section
18
455B.171.
19
5.
“Public
purpose
entity”
means
the
same
as
defined
in
20
section
161C.1.
21
Sec.
10.
Section
161E.2,
Code
2019,
is
amended
to
read
as
22
follows:
23
161E.2
Federal
aid
assistance
.
24
A
county
may,
in
accordance
with
this
chapter
,
accept
25
federal
funds
for
aid
moneys
to
assist
in
a
supporting
an
26
authorized
project
for
flood
or
soil
erosion
control,
flood
27
prevention
,
or
the
conservation,
development,
utilization,
28
and
disposal
of
water
,
and
.
A
county
may
cooperate
with
the
29
federal
government
or
a
department
or
agency
of
the
federal
30
government,
a
soil
and
water
conservation
district,
subdistrict
31
of
a
soil
and
water
conservation
district,
political
32
subdivision
of
the
state,
or
other
local
agency,
and
the
or
a
33
public
purpose
entity.
The
county
may
assume
a
proportion
of
34
the
cost
of
the
authorized
project
as
deemed
appropriate,
and
35
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may
assume
the
maintenance
cost
of
the
project
on
lands
under
1
the
control
or
jurisdiction
of
the
county
which
will
not
be
2
discharged
by
federal
aid
assistance
or
grant.
3
Sec.
11.
Section
161E.3,
Code
2019,
is
amended
to
read
as
4
follows:
5
161E.3
Cooperation.
6
The
counties,
county,
soil
and
water
conservation
districts,
7
and
subdistricts
of
soil
and
water
conservation
districts
,
8
and
public
purpose
entities
concerned,
shall
advise
and
9
consult
with
each
other,
upon
the
request
of
any
of
them
or
10
any
affected
landowners,
and
may
cooperate
with
each
other
11
or
with
other
state
subdivisions
or
instrumentalities,
and
12
affected
landowners,
as
well
as
with
the
federal
government
or
13
a
department
or
agency
of
the
federal
government,
or
with
a
14
financing
entity,
to
construct,
operate,
and
maintain
suitable
15
authorized
projects
for
flood
or
soil
erosion
control,
flood
16
prevention
,
including
but
not
limited
to
water
quality
projects
17
and
operations
,
or
the
conservation,
development,
utilization,
18
and
disposal
of
water
on
public
roads
or
other
public
lands
or
19
other
land
granted
county
use.
20
Sec.
12.
Section
161E.5,
Code
2019,
is
amended
to
read
as
21
follows:
22
161E.5
Maintenance
cost.
23
If
construction
of
projects
has
been
completed
by
the
soil
24
and
water
conservation
district,
subdistricts
a
subdistrict
of
25
the
soil
and
water
conservation
districts
district
,
political
26
subdivisions
of
the
state,
or
other
local
agencies
a
public
27
purpose
entity
,
or
the
federal
government,
or
a
department
or
28
agency
of
the
federal
government,
on
private
lands
under
the
29
easement
granted
to
the
county,
only
the
cost
of
maintenance
30
may
be
assumed
by
the
county.
31
Sec.
13.
Section
161E.9,
Code
2019,
is
amended
to
read
as
32
follows:
33
161E.9
Tax
levy.
34
The
county
board
of
supervisors
may
annually
levy
a
tax
not
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to
exceed
six
and
three-fourths
cents
per
thousand
dollars
of
1
assessed
value
of
all
agricultural
lands
in
the
county,
to
2
be
used
for
flood
and
erosion
control,
including
authorized
3
projects,
including
but
not
limited
to
furnishing
financial
4
assistance
in
connection
with
water
quality
projects
and
5
operations,
and
for
the
acquisition
of
land
or
interests
in
6
land,
and
repair,
alteration,
maintenance,
and
operation
of
7
works
of
improvement
on
lands
under
the
control
or
jurisdiction
8
of
the
county
as
provided
in
this
chapter
.
9
Sec.
14.
Section
161F.2,
Code
2019,
is
amended
to
read
as
10
follows:
11
161F.2
Board
of
supervisors
to
establish
districts
——
strip
12
coal
mining.
13
1.
The
board
of
supervisors
of
any
a
county
shall
have
14
jurisdiction,
power
and
authority
at
any
regular,
special
or
15
adjourned
session
to
establish,
subject
to
the
provisions
16
of
this
chapter
,
districts
having
for
their
purpose
soil
17
conservation
,
and
the
control
of
flood
waters
,
or
the
18
improvement
of
water
quality,
and
to
cause
to
be
constructed
19
as
hereinafter
provided,
such
improvements
and
facilities
as
20
shall
be
deemed
essential
for
the
accomplishment
of
the
purpose
21
of
soil
conservation
,
and
flood
control
,
or
the
improvement
of
22
water
quality
.
23
2.
Such
The
board
of
supervisors
of
a
county
shall
also
24
have
jurisdiction,
power
and
authority
at
any
regular,
special
25
or
adjourned
session
to
establish,
in
the
same
manner
that
26
the
districts
hereinabove
referred
to
described
in
subsection
27
1
are
established,
districts
having
for
their
purpose
soil
28
conservation
in
mining
areas
within
the
county,
and
provide
29
that
anyone
engaged
in
removing
the
surface
soil
over
any
30
bed
or
strata
of
coal
in
such
district
for
the
purpose
of
31
obtaining
such
coal
shall
replace
the
surface
soil
as
nearly
32
as
practicable
to
its
original
position,
and
provide
that,
33
upon
abandonment
of
such
removal
operation,
all
surface
soil
34
shall
be
so
replaced.
This
section
subsection
shall
apply
only
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to
surface
soil
so
removed
after
July
4,
1949,
and
then
only
1
if
it
is
essential
for
the
accomplishment
of
the
purpose
of
2
soil
conservation
and
flood
control
within
the
purview
of
this
3
chapter
.
4
Sec.
15.
Section
161F.3,
Code
2019,
is
amended
to
read
as
5
follows:
6
161F.3
Combination
of
functions.
7
Such
districts
shall
have
the
power
to
combine
in
their
8
functions
activities
affecting
soil
conservation,
flood
9
control
,
and
drainage,
water
quality
improvement,
or
any
of
10
these
objects,
singly
or
in
combination
with
another.
11
Sec.
16.
CODE
EDITOR
DIRECTIVE.
12
1.
The
Code
editor
is
directed
to
make
the
following
13
transfers:
14
a.
Section
161E.1A
as
enacted
in
this
Act
to
section
161E.1.
15
b.
Section
161E.1,
as
amended
by
this
Act,
to
section
16
161E.1A.
17
2.
The
Code
editor
shall
correct
internal
references
in
the
18
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
19
enactment
of
this
section.
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