House File 711 - Enrolled
House File 711
AN ACT
RELATING TO LEVEE AND DRAINAGE DISTRICTS, BY PROVIDING FOR THE
REPAIR OR RECONSTRUCTION OF LEVEES, MAKING APPROPRIATIONS,
AND INCLUDING EFFECTIVE DATE PROVISIONS.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8.57, subsection 5, paragraph f,
2 subparagraph (1), Code 2023, is amended by adding the following
3 new subparagraph division:
4 NEW SUBPARAGRAPH DIVISION. (0e) (i) For the fiscal year
5 beginning July 1, 2023, and for each fiscal year thereafter
6 through the fiscal year beginning July 1, 2027, of the wagering
7 tax receipts received pursuant to sections 99D.17 and 99F.11,
8 the next five million dollars shall be deposited in the levee
9 improvement fund created in section 8.57D.
10 (ii) This subparagraph division is repealed July 1, 2028.
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11 Sec. 2. NEW SECTION. 8.57D Levee improvement fund ——
12 creation —— appropriations.
13 1. A levee improvement fund is created within the department
14 of homeland security and emergency management created pursuant
15 to section 29C.5 which shall be under the control of that
16 department.
17 2. The levee improvement fund shall consist of moneys
18 deposited in the fund pursuant to section 8.57, subsection 5,
19 paragraph “f”, subparagraph (1), subparagraph division (0e);
20 appropriations made to the fund; and transfers of interest,
21 earnings, and moneys from other funds as provided by law.
22 3. The levee improvement fund shall be separate from the
23 general fund of the state and the balance in the fund shall
24 not be considered part of the balance of the general fund of
25 the state. However, the fund shall be considered a special
26 account for the purposes of section 8.53, relating to generally
27 accepted accounting principles.
28 4. a. Moneys in the levee improvement fund are appropriated
29 to the department of homeland security and emergency management
30 for the exclusive purpose of supporting all of the following:
31 (1) The office of levee safety, including to conduct a
32 statewide analysis of the condition of the state’s levees as
33 provided in section 418A.4.
34 (2) The flood mitigation board, including to award
35 cost-share moneys to levee districts pursuant to the levee
1 improvement program as provided in section 418A.5.
2 b. Not more than five percent of moneys in the levee
3 improvement fund shall be available to defray expenses incurred
4 in administering chapter 418A by the department, including the
5 office of levee safety and flood mitigation board.
6 5. a. Notwithstanding section 8.33, moneys in the levee
7 improvement fund that remain unencumbered or unobligated at
8 the close of a fiscal year shall not revert but shall remain
9 available for the expenditure for the purposes designated.
10 b. Notwithstanding section 12C.7, subsection 2, interest or
11 earnings on moneys in the fund shall be credited to the fund.
12 6. This section is repealed July 1, 2028.
13 Sec. 3. NEW SECTION. 418A.1 Definitions.
14 For the purposes of this chapter, unless the context
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15 otherwise requires:
16 1. “Board” means the flood mitigation board created in
17 section 418.5.
18 2. “Department” means the department of homeland security
19 and emergency management created in section 29C.5.
20 3. “Hazardous event” means an event caused by a levee’s
21 uncontrolled or controlled release of surface water in a manner
22 that may injure humans and animals or damage real and personal
23 property used for agricultural, commercial, industrial,
24 residential, or public purposes.
25 4. “Levee district” means a levee district, including a
26 subdistrict, established pursuant to chapter 468.
27 5. “Office” means the office of levee safety created in
28 section 418A.3.
29 6. “Program” means the levee improvement program established
30 pursuant to section 418A.5.
31 7. “Survey” means the Iowa geological survey created in
32 section 456.1.
33 Sec. 4. NEW SECTION. 418A.2 Purpose.
34 The purpose of this chapter is to reduce and manage
35 risks associated with a hazardous event caused by a levee’s
1 inadequate design, structural performance, or operational
2 control.
3 Sec. 5. NEW SECTION. 418A.3 Office of levee safety.
4 1. An office of levee safety is created within the
5 department.
6 2. a. In administering this chapter, all of the following
7 apply:
8 (1) The office shall cooperate with the flood mitigation
9 board.
10 (2) The office and the board shall cooperate with the Iowa
11 geological survey.
12 b. The office and board may cooperate with other state
13 and federal agencies, including the United States army corps
14 of engineers and the federal emergency management agency,
15 administering the national levee safety program, as provided in
16 33 U.S.C. ch. 46.
17 3. The office, in cooperation with the board, shall assist
18 communities benefiting from a levee, including levee districts.
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19 The office, in cooperation with the board, shall evaluate
20 methods to best carry out the purpose of this chapter.
21 Sec. 6. NEW SECTION. 418A.4 Statewide analysis.
22 1. The office of levee safety, in cooperation with the Iowa
23 geological survey, shall conduct a statewide analysis of the
24 condition of the state’s levees. The office and survey shall
25 identify each levee requiring repair or reconstruction based on
26 a scale adopted by the office which assigns a number based on
27 the levee’s level of critical need. The office shall consider
28 all of the following:
29 a. Deficiencies in the construction, maintenance, and
30 operation of each levee in a levee district.
31 b. The amount of capital expenditures required for the
32 repair or reconstruction for each levee in a levee district.
33 c. Payment obligations creating legal indebtedness incurred
34 by the levee district, including those evidenced by bonds,
35 warrants, certificates, contracts, or judgments.
1 d. The current total revenue collected by the levee
2 district, and the budgeted revenue ceiling of the levee
3 district based on a maximum assessment rate for classified
4 lands used to maintain the levee as apportioned to each owner
5 of such land.
6 2. The governing body of each levee district shall assist
7 the office in conducting the analysis for the governing body’s
8 levee district.
9 3. This section is repealed July 1, 2028.
10 Sec. 7. NEW SECTION. 418A.5 Flood mitigation board —— levee
11 improvement program.
12 1. A levee improvement program is established to provide
13 for the repair or reconstruction of those levees requiring
14 immediate capital expenditure in order to reduce and manage
15 a hazardous event. The program shall be administered by the
16 flood mitigation board acting in cooperation with the office of
17 levee safety.
18 2. In administering the program, the board, acting in
19 cooperation with the office, shall award moneys to levee
20 districts applying for assistance on a cost-share basis. The
21 amount of cost-share moneys contributed by the board shall not
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22 exceed fifty percent of the estimated cost or fifty percent of
23 the actual cost of the improvement, whichever is less.
24 3. a. The department shall provide for the publication and
25 submission of applications for an award of cost-share moneys
26 under the program. The board, in cooperation with the office,
27 shall approve or disapprove the applications based on criteria
28 established by the board.
29 b. (1) The board shall consider the scale number assigned
30 to the levee by the office as provided in section 418A.4.
31 (2) This paragraph is repealed July 1, 2028.
32 4. The department may enter into a chapter 28E agreement in
33 order to administer the program on behalf of the board.
34 Sec. 8. NEW SECTION. 418A.6 Department —— statewide levee
35 improvement report.
1 1. The department of homeland security and emergency
2 management shall prepare and submit a statewide levee
3 assessment report to the governor and general assembly not
4 later than January 5 of each year.
5 2. a. (1) The statewide levee assessment report must
6 include a summary of the condition of levees in each levee
7 district.
8 (2) This paragraph is repealed July 1, 2028.
9 b. The statewide levee assessment report must identify those
10 levees having the highest level of critical need of repair or
11 reconstruction and the budget of a levee district to finance
12 the repair or reconstruction.
13 3. The statewide levee assessment report must include
14 the results of efforts to repair or reconstruct levees using
15 cost-share moneys awarded to the governing bodies of levee
16 districts under the levee improvement program.
17 4. The statewide levee assessment report must include
18 a summary of future plans to administer the program. The
19 statewide levee assessment report may include recommendations
20 for additional funding and legislation necessary to carry out
21 the purpose of this chapter.
22 Sec. 9. NEW SECTION. 456.15 Levees.
23 The Iowa geological survey shall assist the office of levee
24 safety as provided in chapter 418A.
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25 Sec. 10. EFFECTIVE DATE. This Act, being deemed of
26 immediate importance, takes effect upon enactment.
______________________________ ______________________________
PAT GRASSLEY AMY SINCLAIR
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 711, Ninetieth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2023 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 8.57, 99D.17, 29C.5
Enrolled: 8.57, 99D.17, 29C.5