Bill Summary – FastDemocracy

House File 69 - Introduced
                                  HOUSE FILE 69
                                  BY MOMMSEN
                            A BILL FOR
An Act relating to the management of soil and water resources,
  by providing for certain practices and projects, including
  projects described in the Iowa nutrient reduction strategy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 161A.2, Code 2023, is amended to read as
 follows:
    161A.2 Declaration of policy.
    It is hereby declared to be the policy of the legislature
 to integrate the conservation of soil and water resources
 into the production of agricultural commodities to insure
 the long-term protection of the soil and water resources of
 the state of Iowa, and to encourage the development of farm
 management and agricultural practices that are consistent with
 the capability of the land to sustain agriculture, and thereby
 to preserve natural resources,; promote soil health; control
 floods,; prevent the impairment of dams and reservoirs,; assist
 and maintain the navigability of rivers and harbors,; preserve
 wildlife,; protect the tax base,; protect public lands; and
 promote the health, safety, and public welfare of the people
 of this state.
    Sec. 2. Section 161A.3, Code 2023, 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.
    NEW SUBSECTION. 12B. “Soil health” means the continuing
 capacity of soil to function as a vital living ecosystem that
 sustains plants, animals, and humans.
    Sec. 3. Section 161A.4, subsection 2, paragraph g, Code
 2023, is amended to read as follows:
    g. To assist each soil and water conservation district in
 developing a district soil and water resource conservation plan
 as provided under section 161A.7. The plan shall be developed
 according to rules adopted by the division to preserve and
 protect the public interest in the soil and water resources
 of this state for future generations and for this purpose to
 encourage, promote, facilitate, and where such public interest
 requires, to mandate the conservation and proper control of and
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 use of the soil and water resources of this state, by measures
 including but not limited to the control of floods, the control
 of erosion by water or by wind, the improvement of soil health,
 the preservation of the quality of water for its optimum
 use for agricultural, irrigation, recreational, industrial,
 and domestic purposes, all of which shall be presumed to be
 conducive to the public health, convenience, and welfare, both
 present and future.
    Sec. 4. Section 161A.7, subsection 1, paragraphs d, f, h,
 and m, Code 2023, are 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.
    f. To make available on such terms as it shall prescribe,
 to landowners or occupiers within the district,; agricultural
 and engineering machinery and equipment, fertilizer, lime, and
 such other material or equipment as will assist such landowners
 or occupiers to carry on operations upon their lands for the
 conservation of soil resources and the improvement of soil
 health; and for the prevention and control of soil erosion
 and for the prevention of erosion, floodwater, and sediment
 damages.
    h. To develop comprehensive plans for the conservation of
 soil resources and the improvement of soil health; for the
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 control and prevention of soil erosion; and for the prevention
 of erosion, floodwater, and sediment damages within the
 district, which. The comprehensive plans shall specify in such
 detail as may be possible, the acts, procedures, performances,
 and avoidances which are necessary or desirable for the
 effectuation of such plans, including the specification of
 engineering operations, methods of cultivation, the growing of
 vegetation, cropping programs, tillage practices, and changes
 in the use of land; and to. The district shall publish such
 plans and information and bring them to the attention of owners
 and occupiers of lands within the district.
    m. To encourage local school districts to provide
 instruction in the importance of and in some of the basic
 methods of soil conservation and healthy soil practices, as a
 part of course work relating to agriculture, the conservation
 of natural resources, and environmental awareness as required
 in rules adopted by the state board of education pursuant
 to section 256.11, subsections 3 and 4 through 5, and to
 offer technical assistance to schools in developing such
 instructional programs.
    Sec. 5. Section 161A.7, subsection 1, paragraph n,
 subparagraph (1), subparagraph divisions (a) and (b), Code
 2023, are amended to read as follows:
    (a) Assessing the condition of soil and surface water in
 the district, including an evaluation of the type, amount,
 and quality of soil and water,; the threat of soil erosion
 and erosion, floodwater, and sediment damages,; and necessary
 preventative, restoration, and control measures.
    (b) Developing methods to maintain or improve soil health
 and water condition quality.
    Sec. 6. Section 161A.7, subsection 1, Code 2023, 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
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 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
 sources 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.
    (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. 7. Section 161A.13, Code 2023, 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. 8. Section 161A.42, subsection 9, paragraph b, Code
 2023, is amended to read as follows:
    b. “Temporary soil and water conservation practices”
 means the planting of annual or biennial crops,; the use of
 strip-cropping, cover cropping, or contour planting, or; the
 use of no-tillage, minimum or tillage, or mulch tillage, and;
 the use of an agriculture practice, silviculture practice,
 aquaculture practice, or permaculture practice; or the use
 of any other cultural practices practice approved by the
 committee.
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    Sec. 9. Section 161A.53, Code 2023, is amended to read as
 follows:
    161A.53 Cooperation with other agencies.
    Soil and water conservation districts may enter into
 agreements with the federal government or an agency of the
 federal government, as provided by state law, or with the state
 of Iowa or an agency of the state, any other soil and water
 conservation district, or any other political subdivision of
 this state, for cooperation in preventing, controlling, or
 attempting to prevent or control soil erosion, improving or
 attempting to improve soil health, or performing a soil health
 assessment. Soil and water conservation districts may accept,
 as provided by state law, money disbursed for soil erosion
 control purposes by the federal government or an agency of the
 federal government, and expend the money for the purposes for
 which it was received.
    Sec. 10. Section 161A.73, subsection 1, paragraph b, Code
 2023, is amended to read as follows:
    b. The allocation of moneys as financial incentives
 provided for the purpose of establishing management practices
 to control soil erosion and promote soil health on land that
 is row cropped, including but not limited to cover crops,
 no-till planting, ridge-till planting, contouring, and contour
 strip-cropping. The division shall by rule establish limits on
 the amount of incentives which shall be authorized for payment
 to landowners upon establishment of the practice.
    Sec. 11. Section 161C.1, Code 2023, 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.
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    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”
 means the same as defined in section 455B.171.
    NEW SUBSECTION. 5A. “Point source” means the same as
 defined in section 455B.171.
    Sec. 12. Section 161C.2, subsection 1, paragraph a, Code
 2023, is amended to read as follows:
    a. Each A soil and water conservation district, alone and
 whenever practical in conjunction with other districts, 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 sources 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. 13. Section 161C.3, Code 2023, is amended to read as
 follows:
    161C.3 Cooperation with other agencies financing entities.
    Soil A soil and water conservation districts district may
 enter into agreements an agreement with the United States
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 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 of this
 state, 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 sources 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. 14. Section 161E.1, Code 2023, 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, 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
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 quality projects and operations, are presumed to be for the
 protection of the tax base of the county, for the protection of
 public roads and lands, and for the protection of the public
 health, sanitation, safety, and general welfare.
    Sec. 15. 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.
    Sec. 16. Section 161E.2, Code 2023, 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. 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 the control or jurisdi