Bill Summary – FastDemocracy

House File 646 - Introduced
                                  HOUSE FILE 646
                                  BY MOMMSEN
                            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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 161A.3, Code 2021, is amended by adding
 the following new subsections:
    NEW SUBSECTION. 9A. “Iowa nutrient reduction strategy”
 means the same as defined in section 455B.171.
    NEW SUBSECTION. 12A. “Point source” means the same as
 defined in section 455B.171.
    Sec. 2. Section 161A.7, subsection 1, paragraph d, Code
 2021, is amended to read as follows:
    d. To cooperate, or enter into agreements with, and within
 the limits of appropriations duly made available to it by law,
 to furnish financial or other aid assistance to any agency,
 governmental or otherwise, or any owner or occupier of lands
 within the district, in the carrying on of including by doing
 all of the following:
    (1) Carrying out erosion-control and watershed protection
 and flood prevention operations within the district, subject
 to such conditions as the commissioners may deem necessary to
 advance the purposes of this chapter.
    (2) Carrying out projects or operations within the
 district, as provided in paragraph “p”, subject to such
 conditions as the commissioners may deem necessary to advance
 the purposes of this chapter.
    Sec. 3. Section 161A.7, subsection 1, Code 2021, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. p. To carry out soil erosion control,
 watershed protection or improvement, water resource
 restoration, flood prevention or control, and water quality
 protection projects and operations, within the district. The
 water quality protection projects and operations may include
 but are not limited to efforts to maintain, protect, and
 improve the quality of surface water and groundwater from point
 and nonpoint sources, including by doing all of the following:
    (1) Reducing or eliminating pollution caused by access to
 agricultural drainage or sinkholes, sedimentation, or chemical
 pollutants.
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    (2) Reducing or removing nutrients and other pollutants in
 or from surface water and groundwater.
    (3) Reducing or eliminating nutrient loads from surface
 water or groundwater.
    (4) Achieving or furthering any of the objectives, goals,
 and targets described in the Iowa nutrient reduction strategy.
    Sec. 4. Section 161A.13, Code 2021, is amended to read as
 follows:
    161A.13 Purpose of subdistricts.
    Subdistricts of a soil and water conservation district may
 be formed as provided in this chapter for the purposes of
 carrying out watershed protection and flood prevention programs
 to carry out the same purposes of the district under section
 161A.7, within the territory of the subdistrict but shall not
 be formed solely for the purpose of establishing or taking over
 the operation of an existing drainage district.
    Sec. 5. Section 161C.1, Code 2021, is amended by adding the
 following new subsections:
    NEW SUBSECTION. 01. “Authorized project” means a project
 that is carried out to support any of the following:
    a. Soil erosion control.
    b. Watershed protection or improvement.
    c. Water resource restoration.
    d. Flood prevention or control.
    e. Water quality protection practices.
    f. Water quality projects and operations, including as
 required to achieve or further any of the objectives, goals,
 and targets described in the Iowa nutrient reduction strategy.
    NEW SUBSECTION. 4A. “Financing entity” means a public
 agency or private agency, as those terms are defined in
 section 28E.2, that provides funding to persons through loans,
 forgivable loans, grants, or other financial instruments, and
 which may include but is not limited to providing financing
 under chapter 28F, 331, or 384.
    NEW SUBSECTION. 4B. “Iowa nutrient reduction strategy”
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 means the same as defined in section 455B.171.
    NEW SUBSECTION. 5A. “Point source” means the same as
 defined in section 455B.171.
    NEW SUBSECTION. 5B. “Public purpose entity” means a
 county, city, other political subdivision or local agency, a
 rural water district incorporated and organized pursuant to
 the provisions of chapter 357A, or a rural water association
 organized and incorporated as a cooperative association under
 chapter 499 or as a nonprofit corporation under chapter 504.
    Sec. 6. Section 161C.2, subsection 1, paragraph a, Code
 2021, is amended to read as follows:
    a. Each A soil and water conservation district, alone
 and whenever practical in conjunction with other districts,
 public purpose entities, or financing entities shall carry
 out individual, district-wide, and multiple-district projects
 to support water protection practices in the district or
 districts, including but not limited to authorized projects
 to protect this state’s groundwater and surface water from
 point and nonpoint sources of contamination, including but
 not limited to contamination by agricultural drainage wells,
 sinkholes, sedimentation, or chemical pollutants. The projects
 and operations include but are not limited to practices or
 other efforts to reduce or eliminate pollution caused by access
 to agricultural drainage wells or sinkholes, sedimentation,
 or chemical pollutants, as described in the Iowa nutrient
 reduction strategy.
    Sec. 7. Section 161C.3, Code 2021, is amended to read as
 follows:
    161C.3 Cooperation with other agencies public purpose
 entities and financing entities.
    Soil A soil and water conservation districts district may
 enter into agreements an agreement with the United States
 federal government, as provided by state law, or with the
 state of Iowa or any agency of the state, any other soil and
 water conservation district, or other political subdivision
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 of this state a public purpose entity, or a financing entity,
 for cooperation in preventing, controlling, or attempting to
 prevent or control contamination the pollution of groundwater
 or surface water or groundwater by point and nonpoint sources
 of pollution. Soil and water conservation districts may
 accept, as provided by state law, any money disbursed for water
 quality preservation purposes by the federal government or any
 agency of the federal government, and expend the money for the
 purposes for which it was received.
    Sec. 8. Section 161E.1, Code 2021, is amended to read as
 follows:
    161E.1 Authority of board.
    1. a. If a county, soil and water conservation district,
 a subdistrict of a soil and water conservation district,
 political subdivision of the state, or other local agency a
 public purpose entity, or a financing entity engages or in,
 participates in a project for flood or erosion control, flood
 prevention, or carries out an authorized project, including
 but not limited to a water quality project or operation, or
 engages in, participates in, or carries out a project for
 the conservation, development, utilization, and disposal
 of water, in cooperation with the federal government, or a
 department or agency of the federal government, the counties
 in which the project is carried on out may, act through the
 board of supervisors, construct, or under a chapter 28E or 28F
 agreement, to do any of the following:
    (1) Construct, operate, and maintain the project on lands
 under the control or jurisdiction of the county dedicated to
 county use, or furnish.
    (2) Furnish financial and other assistance in connection
 with the projects. Flood, soil erosion control, and watershed
 improvement
    b. Authorized projects, including but not limited to water
 quality projects and operations, are presumed to be for the
 protection of the tax base of the county, for the protection of
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 public roads and lands, and for the protection of the public
 health, sanitation, safety, and general welfare.
    Sec. 9. NEW SECTION. 161E.1A Definitions.
    As used in this chapter, unless the context otherwise
 requires:
    1. “Authorized project” means a project that is carried out
 to support any of the following:
    a. Soil erosion control project.
    b. Watershed protection or improvement project.
    c. Water resource restoration project.
    d. Flood prevention or control.
    e. Water quality protection practices.
    f. Water quality projects and operations, including those
 projects described in the Iowa nutrient reduction strategy.
    2. “Financing entity” means the same as defined in section
 161C.1.
    3. “Iowa nutrient reduction strategy” means the same as
 defined in section 455B.171.
    4. “Public purpose entity” means the same as defined in
 section 161C.1.
    Sec. 10. Section 161E.2, Code 2021, is amended to read as
 follows:
    161E.2 Federal aid assistance.
    A county may, in accordance with this chapter, accept
 federal funds for aid moneys to assist in a supporting an
 authorized project for flood or soil erosion control, flood
 prevention, or the conservation, development, utilization,
 and disposal of water, and. A county may cooperate with the
 federal government or a department or agency of the federal
 government, a soil and water conservation district, subdistrict
 of a soil and water conservation district, political
 subdivision of the state, or other local agency, and the or a
 public purpose entity. The county may assume a proportion of
 the cost of the authorized project as deemed appropriate, and
 may assume the maintenance cost of the project on lands under
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 the control or jurisdiction of the county which will not be
 discharged by federal aid assistance or grant.
    Sec. 11. Section 161E.3, Code 2021, is amended to read as
 follows:
    161E.3 Cooperation.
    The counties, soil and water conservation districts,
 and subdistricts of soil and water conservation districts,
 and public purpose entities concerned, shall advise and
 consult with each other, upon the request of any of them or
 any affected landowners, and may cooperate with each other
 or with other state subdivisions or instrumentalities, and
 affected landowners, as well as with the federal government or
 a department or agency of the federal government, or with a
 financing entity, to construct, operate, and maintain suitable
 authorized projects for flood or soil erosion control, flood
 prevention, including but not limited to water quality projects
 and operations, or the conservation, development, utilization,
 and disposal of water on public roads or other public lands or
 other land granted county use.
    Sec. 12. Section 161E.5, Code 2021, is amended to read as
 follows:
    161E.5 Maintenance cost.
    If construction of projects has been completed by the soil
 and water conservation district, subdistricts a subdistrict of
 the soil and water conservation districts district, political
 subdivisions of the state, or other local agencies a public
 purpose entity, or the federal government, or a department or
 agency of the federal government, on private lands under the
 easement granted to the county, only the cost of maintenance
 may be assumed by the county.
    Sec. 13. Section 161E.9, Code 2021, is amended to read as
 follows:
    161E.9 Tax levy.
    The county board of supervisors may annually levy a tax not
 to exceed six and three-fourths cents per thousand dollars of
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 assessed value of all agricultural lands in the county, to
 be used for flood and erosion control, including authorized
 projects, including but not limited to furnishing financial
 assistance in connection with water quality projects and
 operations, and for the acquisition of land or interests in
 land, and repair, alteration, maintenance, and operation of
 works of improvement on lands under the control or jurisdiction
 of the county as provided in this chapter.
    Sec. 14. Section 161F.2, Code 2021, is amended to read as
 follows:
    161F.2 Board of supervisors to establish districts —— strip
 coal mining.
    1. The board of supervisors of any a county shall have
 jurisdiction, power and authority at any regular, special or
 adjourned session to establish, subject to the provisions
 of this chapter, districts having for their purpose soil
 conservation, and the control of flood waters, or the
 improvement of water quality, and to cause to be constructed
 as hereinafter provided, such improvements and facilities as
 shall be deemed essential for the accomplishment of the purpose
 of soil conservation, and flood control, or the improvement of
 water quality.
    2. Such The board of supervisors of a county shall also
 have jurisdiction, power and authority at any regular, special
 or adjourned session to establish, in the same manner that
 the districts hereinabove referred to described in subsection
 1 are established, districts having for their purpose soil
 conservation in mining areas within the county, and provide
 that anyone engaged in removing the surface soil over any
 bed or strata of coal in such district for the purpose of
 obtaining such coal shall replace the surface soil as nearly
 as practicable to its original position, and provide that,
 upon abandonment of such removal operation, all surface soil
 shall be so replaced. This section subsection shall apply only
 to surface soil so removed after July 4, 1949, and then only
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 if it is essential for the accomplishment of the purpose of
 soil conservation and flood control within the purview of this
 chapter.
    Sec. 15. Section 161F.3, Code 2021, is amended to read as
 follows:
    161F.3 Combination of functions.
    Such districts shall have the power to combine in their
 functions activities affecting soil conservation, flood
 control, and drainage, water quality improvement, or any of
 these objects, singly or in combination with another.
    Sec. 16. CODE EDITOR DIRECTIVE.
    1. The Code editor is directed to make the following
 transfers:
    a. Section 161E.1A, as enacted in this Act, to section
 161E.1.
    b. Section 161E.1, as amended by this Act, to section
 161E.1A.
    2. The Code editor shall correct internal references in the
 Code and in any enacted legislation as necessary due to the
 enactment of this section.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill amends various provisions relating to the
 management of soil and water resources including Code chapter
 161A, the “Soil Conservation Districts Law” (Code section
 161A.1) which regulates soil erosion and authorizes the payment
 of cost-share incentives for soil and water conservation
 practices administered by the department of agriculture and
 land stewardship (department) and soil and water conservation
 districts (districts) throughout the state; Code chapter
 161C authorizing districts and other political subdivisions
 to work in conjunction in carrying out districtwide and
 multiple district water protection projects; Code chapter 161E,
 authorizing counties and districts, political subdivisions,
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 and other local agencies (qua