These are the bills we're
watching in the Iowa Legislature.
HOUSE
HF
2496 & SF 2346 - A bill for an act providing for the
stockpiling of dry manure from a confinement feeding operation and making
penalties applicable.
EXPLANATION: This bill relates to the
protection of surface water and to improvements in water quality. The bill
creates a water resources coordinating council within the governor's
office and specifies as members certain state agency directors with
authority over water-related programs as well as experts in water quality
from the regents institutions. The governor is directed to solicit
advice from several directors of federal programs involved with water
resources. The council is charged with coordinating governmental
efforts to improve water quality in an efficient and fiscally responsible
manner.
The bill also charges the council to
conduct a marketing campaign to educate Iowans about water quality and
about their responsibility for improving it. The focus of the
campaign is to make sure that Iowans know that clean water is everyone's
responsibility, and that everyone benefits. This provision of the
bill is specifically contingent upon the receipt of funding. The bill also
directs the department of natural resources to engage in a program of
statewide watershed assessment. The department must divide the state
into larger, regional watersheds and engage in water quality assessment of
those regions. The department must complete this assessment within
five years and, based on the results of the assessment, the council must
prioritize the regions so that resources can be directed in the most
appropriate and efficient manner. The bill also directs the council to
designate one or more agencies to assist in improving water quality at a
smaller, local watershed level.
The agencies designated by the council are
directed to recruit local communities to create local community-based
subwatershed improvement plans and to take the initiative in water quality
improvement. Local stakeholders may include many diverse groups,
such as community groups, soil and water conservation districts, and
drainage districts. The bill also directs the department to assist local
communities with water quality monitoring. This monitoring is not
contingent upon the statewide regional assessment and is intended to help
local communities in the community-based improvement efforts by providing
data to assist in proper planning efforts and the allocation of resources.
The bill also provides for a wastewater and storm water treatment
infrastructure assessment and directs the department to prioritize local
communities according to water quality and the greatest risk to the health
of residents. Finally, the bill gives the department and the department of
agriculture and land stewardship rulemaking authority to carry out the
duties imposed on it by the provisions of the bill.
HF
2540
- A bill for an act relating to the disposal of dead animal carcasses
in a water of this state, and providing penalties.
EXPLANATION: This bill amends provisions in
Code chapter 167 which prohibit a person from disposing of an animal other
than by cooking, burying, burning, or providing it to a person licensed
under the Code chapter for rendering. The bill allows disposal by
composting. The bill provides that the department of agriculture and land
stewardship, which is responsible for administering the Code chapter, must
cooperate with the department of natural resources when a violation of the
disposal requirements involves placing an animal carcass in a water of the
state (see Code section 167.19 and 21 IAC 61.32).
A water of the state includes a stream,
lake, pond, marsh, watercourse, waterway, well, spring, reservoir,
aquifer, irrigation system, or drainage system. The bill provides an
enhanced penalty for the illegal disposal, from a simple misdemeanor to a
serious misdemeanor, and increases the civil penalty from a range between
$100 and $1,000 to a range between $1,000 and $5,000. Unlike the
general penalty provision, a person may be subject to both a criminal and
civil penalty.
In addition to the penalty provisions, a
person who illegally deposits an animal carcass into a water of the state
must pay restitution to the state, including to the agency which provides
for its proper disposal, to the department of natural resources under its
restitution statute for water pollution (Code section 481A.151), and to
the department of natural resources for performing water quality testing.
A simple misdemeanor is punishable by confinement for no more than 30 days
or a fine of at least $65 but not more than $625 or by both. A
serious misdemeanor is punishable by confinement for no more than one year
and a fine of at least $315 but not more than $1,875.
Introduced by House Judiciary Committee and
placed on the House Calendar 3/7/2008. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&Service=Billbook&ga=82&hbill=HF2450
HF
2571
- A bill for an act relating to achieving specified greenhouse gas
reduction levels.
EXPLANATION: This bill relates to
greenhouse gas reduction goals and strategies developed by the Iowa
climate change advisory council. The bill specifies multiple
statewide greenhouse gas emission reduction goals of 50 and 90 percent by
the year 2050 under various reduction scenarios, utilizing 2005 as the
baseline year. The bill directs the council to develop interim
reduction goals applicable to the years 2012 and 2020, and also provides
that the council may establish other baseline years for purposes of
measuring the effectiveness of economic opportunities or incentives
identified in reduction scenarios. The bill provides for submission
of greenhouse gas emission reduction proposals to the governor and the
general assembly by January 1, 2009.
Introduced by House Environmental
Protection Committee and placed on the House Calendar 3/12/2008. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&Service=Billbook&ga=82&hbill=HF2571
HF
2612 - A bill for an act relating to natural resources,
including by providing for the powers and duties of the department's
director and natural resource commission, and the regulation of public
lands and outdoor recreation, providing for penalties and making penalties
applicable.
Introduced by House Natural Resources
Committee and placed on the House Calendar 3/13/2008. (Formerly HSB 764)
EXPLANATION: This bill amends a number of
provisions relating to natural resources regulated by the department of
natural resources, and specifically provisions under the jurisdiction of
the natural resource commission, which provide for public land and outdoor
recreation.
DIVISION I -- COUNTY RESOURCE ENHANCEMENT
COMMITTEE. The bill amends provisions in Code section 455A.20 which
provides for persons serving on a county resource enhancement committee,
including the chairpersons of the board of supervisors, county
conservation board, commissioners of the soil and water district, and
board of directors of each school district in the county. The bill
eliminates a requirement that a designee appointed by a chairperson must
be a member of their respective board or commission. The bill also
amends a provision that provides that a mayor of a city in the county or a
mayor's designee must serve on the committee, by eliminating a requirement
that the designee must be a member of the city council.
DIVISION II -- RESIDENCY REQUIREMENTS FOR
REGISTRATIONS AND LICENSES. The bill provides a common method for
determining residency requirements for registering snowmobiles (Code
chapter 321G), all-terrain vehicles (Code chapter 321I), and licensing
including hunting and fishing licenses (Code chapter 483A). The bill
provides that a person who claims status as a resident must meet one of
the specified criteria for each year that residency is claimed. The
bill does not change the requirement that a full-time student who attends
an educational institution in this state is a resident, but provides that
the educational institution must be accredited. The bill also extends the
provision to a student attending an educational institution outside this
state so long as the student is under 25 years old and the student's
parent or legal guardian maintains the person's principal and primary home
or domicile in the state. The bill eliminates a requirement that
provides that voter registration is proof of residency. One of the
criteria for residency is modified to require a person to physically
reside in the state as the person's principal and primary home or domicile
for a period of not less than 30 consecutive days immediately prior to
applying for or purchasing a resident license, tag, or permit and have an
Iowa driver's license or Iowa nonoperator's identification card. The bill
defines what constitutes a "principal and primary home or
domicile" for purposes of the bill. The bill requires the
department to determine whether a person maintains a primary home or
domicile in this state based on a number of factors which may include the
person's place of employment or domicile address on records. The
department may require the person to provide evidence of the person's
permanent residence.
DIVISION III -- ALL-TERRAIN VEHICLES.
The bill amends Code section 321I.2 by providing that the department
may adopt rules regarding the operation or maintenance of designated
riding trails. The bill provides that a person is subject to civil
remedies for criminal prohibitions involving operating an all-terrain
vehicle in a manner that damages growing stock at a tree nursery, on
public land in violation of official signs, or in a park, wildlife area,
preserve, refuge, game management area, or stream beds. The bill
provides that on conviction for such a violation a court shall assess the
defendant a civil penalty of $250 to be deposited in the special
all-terrain vehicle fund established in Code section 321I.8, and that the
court may order the defendant to pay restitution to the titleholder of
land for damages caused by the defendant's violation, including to the
state or other government entity.
DIVISION IV -- CONSTRUCTION ON STATE-OWNED
OR STATE-MANAGED LAND OR WATERS. The bill amends Code section 461A.4
authorizing the department to regulate the construction of structures
(piers, wharfs, sluices, pilings, walls, fences, or buildings) upon or
over any state-owned land. The bill makes stylistic changes to the
provisions, provides that the department's authority extends to
state-managed land or waters, and provides for the issuance of orders to
persons who are in violation of the law. The bill creates new Code
sections 461A.5A and 461A.5B providing the department with enforcement
authority. It authorizes the department to obtain injunctive relief
against a person who is in violation of Code section 461A.4 or refuses to
comply with an order issued by the department. The bill rewrites but
does not alter the criminal penalty for committing a violation of the Code
section, which is a simple misdemeanor, and provides that the penalty
applies to a person who fails to comply with an order issued by the
department under that Code section. A simple misdemeanor is
punishable by confinement for no more than 30 days or a fine of at least
$65 but not more than $625 or by both. The bill provides that the
state may also proceed against the person by initiating an alternative
civil enforcement action in lieu of a criminal prosecution. The
amount of the civil penalty cannot exceed $5,000, and the bill provides
for enforcement by the department or the attorney general upon referral by
the department. The bill eliminates Code section 461A.5 relating to the
removal of obstructions because it includes redundant provisions and
amends Code section 461A.6 referring to the department's authority to
enforce a lien against a structure in a manner consistent with the other
bill's provisions.
DIVISION V -- DRIVING OVER ICE. The
bill amends Code section 462A.33 which requires that certain crafts or
vehicles cannot operate on ice over certain state waters without obtaining
a permit from the department. The bill expands the types of vehicles
not requiring a permit to include all-terrain vehicles, off-road
motorcycles, and off-road utility vehicles. The bill amends a
provision that prohibits vehicles from exceeding 15 miles per hour when
traveling over ice on the waters of the state without a special permit.
The bill replaces the speed limit with a requirement that the
vehicle cannot exceed a rate of speed that is reasonable and proper.
DIVISION VI -- REPORTING HUNTING INCIDENTS.
The bill amends Code section 481A.18 which requires persons who are
involved in an accident using a firearm while hunting to report the
accident to the county sheriff or the department, if the accident caused
injury or property damage of more than $100. The bill provides that
a report is required for any hunting incident involving a firearm or a
device (such as so-called tree stand) that allows or assists a person to
hunt from an elevated location. A person who fails to make such a
report is guilty of a simple misdemeanor. A simple misdemeanor is
punishable by confinement for no more than 30 days or a fine of at least
$65 but not more than $625 or by both.
DIVISION VII -- RECIPROCITY. The bill
amends Code section 481A.19 which provides for reciprocal agreements with
neighboring states to allow an Iowa resident to take fish, game, mussels,
or fur-bearing animals in boundary waters. The bill provides a
similar arrangement for a resident of a border state to take fish, game,
mussels, or fur-bearing animals on land beyond the boundary of a boundary
river, but which is still subject to Iowa sovereignty (e.g., land which is
on the Nebraska side of the Missouri river but still considered Iowa
territory under the Iowa-Nebraska Boundary Compromise). The bill
amends provisions in 483A.31 which provides authority to the commission to
negotiate such agreements involving hunting or trapping in addition to
fishing.
DIVISION VIII -- SPECIAL HUNTING AND
FISHING LICENSES. The bill amends Code section 483.24 which provides
for the issuance of a lifetime fishing license or lifetime combined
hunting and fishing license to a resident of Iowa who is a veteran and who
was disabled or a prisoner of war. The bill eliminates the reference
to veteran status, a requirement that the person must have served a
minimum aggregate 90 days in active service, or that the person must have
been entitled to compensation under federal law.
DIVISION IX -- HUNTER TRAINING. The
bill amends Code section 483A.27 which requires that a person complete a
hunter safety and ethics education course before being issued a hunting
license. The bill provides that the certificate may be issued by
another state, or a country, or province that meets the standards adopted
by the international hunter education association. The bill also
amends the Code section to provide that the department may produce hunter
safety and ethics education courses in an electronic format.
DIVISION X -- USE OF LASER SIGHTS BY BLIND
HUNTERS. The bill provides that a person who is totally blind may
hunt using a gun or bow equipped with a laser sight so long as the person
is accompanied by a sighted person. The person's blindness must be
certified by medical evidence.
DIVISION XI -- TRESPASSING WHILE HUNTING.
The bill amends Code chapter 716 which prohibits trespass to
property as defined in Code section 716.7, presumably governing how that
term is used throughout the Code chapter. The bill amends Code
section 716.8 which provides that a person who commits trespass and takes
a deer owned by the state is subject to a civil penalty. The bill
eliminates the express reference to the definition of trespass provided in
Code section 716.7, subsection 2, (entering upon or in property without
the express permission of the owner, entering or remaining upon or in
property without justification after being notified or requested to leave,
entering on property to commit an unlawful use, or entering on railway
property without lawful authority). The bill provides that a person
who commits trespass while hunting commits a simple misdemeanor regardless
of whether a deer is taken. A simple misdemeanor is punishable by
confinement for no more than 30 days or a fine of at least $65 but not
more than $625 or by both.
DIVISION XII -- CITATION IN LIEU OF ARREST.
The bill amends Code section 805.8B which authorizes the department
to issue a citation for certain violations of law including for the
spreading of an aquatic invasive species (Eurasian water milfoil), by
increasing the scheduled fine from $100 to $500.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&menu=false&ga=82&hbill=HF2612
Although not necessarily a Sierra Club
priority issue, it is one to be aware of and watch.
HF
2627 -
An Act relating to energy independence initiatives, specifying
procedures applicable to Iowa power fund applications, authorizing
allocations from the fund, including certain alternative or renewable
energies applicable to specified energy independence initiatives, and
providing an effective date and applicability provision.
Introduced 3/14/2008, and referred to House
Appropriations Committee. (Formerly HF 2240.) This was one
of the Governor's Energy bIlls, not the energy
bill.
EXPLANATION: This bill relates to energy
independence initiatives, specifying procedures applicable to applications
for distributions from the Iowa power fund, modifying provisions regarding
authorized allocations from the fund, and adding an additional energy
source to a definition of alternative and renewable energy. The bill
provides with reference to the duties of the Iowa power fund board that
the board may direct moneys from the fund to facilitate a technical,
scientific, or financial review relating to an application to the extent
that such a review is not financed by an applicant and if utilizing the
funds for this purpose is recommended by the due diligence committee. The
bill states that beyond applicant financing of such a review if agreed to
by an applicant and the board, no application fee for fund distribution
applications will be imposed. Utilization of fund moneys for this purpose,
together with currently authorized expenditures by the board for the
purchase of private or public technical assistance needed to conduct due
diligence activities and to develop an Iowa energy independence plan, is
added as an authorized allocation from amounts appropriated to the fund
pursuant to Code section 469.10. More generally, the bill provides that
allocations of appropriated amounts may be made for all purposes specified
in and consistent with the subchapter of the Code relating to the office
of energy independence, the power fund board, the due diligence committee,
the power fund, and related provisions. The bill accomplishes the
foregoing by amending Code section 469.6, relating to the duties of the
Iowa power fund board, by amending Code section 469.10, subsection 1,
regarding appropriations for the fiscal period beginning July 1, 2008, and
ending June 30, 2011, and amending the 2007 Iowa Acts for the one-year
appropriation beginning July 1, 2006, and ending June 30, 2007. The bill
also provides an exception from open records law provisions of Code
chapter 22, for information possessed by the office of energy
independence, the Iowa power fund board, and the due diligence committee
associated with the office and the board relating to a prospective
applicant with which the office, board, or committee is currently
negotiating, or an award recipient, to the extent authorized by the board.
In connection with this exception, the bill provides that all information
contained in an application for financial assistance submitted to the
board shall remain confidential while the board is reviewing an
application, processing confidentiality requests, negotiating with an
applicant, and preparing an application for consideration. The bill
further provides that the board shall consider a written request by an
applicant or award recipient to keep certain details of an application,
contract, or supporting materials confidential, and may honor that request
if convinced that public disclosure may give an unfair advantage to
competitors. In that event, the board will only make publicly available
information not deemed confidential by the board, and shall release an
explanation of why certain information is deemed confidential and a
summary of the nature of the withheld information. If a request for
confidentiality is denied, an applicant may withdraw an application and
supporting materials, and the board shall not retain a copy or release any
material in response to an open records request. The bill directs the
board by rule to develop a process for considering confidentiality
requests, confers emergency rulemaking authority on the board, and
requires the board to determine a reasonable time frame for maintaining
the confidential status of materials deemed such, after which the board
may reevaluate the determination of confidentiality. The bill also
specifies criteria the board may use in making confidentiality
determinations. Additionally, the bill adds
nuclear energy to the definition of alternative and renewable energy
applicable to Code chapter 469 relating to energy independence
initiatives.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=HF2627
HF
2638 -
An Act providing for separation distance requirements between a
confinement feeding operation structure and a designated wetland, and
making penalties applicable.
EXPLANATION: This bill amends Code chapter
459, which regulates the impact of confinement feeding operations on the
environment. Code section 459.102 provides that in order to be classified
as a "designated wetland" two conditions must be met: (1)
it must be identified as a "protected wetland" by the United
States department of the interior, and (2) it must be owned and managed by
the federal government or the department of natural resources. The
bill amends that Code section to provide that a protected wetland may also
be owned or managed by a county or a city. Code section 459.310
establishes a separation distance of 2,500 feet between a confinement
feeding operation structure (e.g., a confinement building, manure storage
structure, or egg washwater storage structure) and a designated wetland.
A person who violates the separation distance requirement is subject
to a number of penalties including the administrative assessment of a
civil penalty of up to $10,000 (Code sections 459.603 and 455B.109).
Introduced by House Environmental
Protection Committee and placed on the House Calendar 3/14/2008. This
issue has been developed by Rep. Kuhn and the Iowa Association of County
Conservation Boards. A good one! http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&menu=false&ga=82&hbill=HF2638
HF
2644 -
A bill for an act directing the office of energy independence, in
conjunction with the Iowa energy center, to conduct a feasibility study
regarding the establishment of low-head hydropower energy production
facilities, and providing an effective date.
Introduced by House Commerce Committee and
placed on the House Calendar 3/14/2008. (Formerly HF 2336.)
EXPLANATION This bill directs the office of
energy independence, in conjunction with the Iowa energy center, to
conduct a study assessing the feasibility of establishing one or more
low-head hydropower energy production facilities at specified locations in
this state. The office or the center is also directed to measure
current and flow levels at federal lock and dam locations bordering the
Mississippi river, and at rivers, streams, and reservoirs within this
state, to assess potential energy generation capacity, in coordination
with the United States army corps of engineers, the department of natural
resources, or other federal or state agencies prior to identifying
proposed locations for such facilities. The bill provides that the
office shall establish by rule distance specifications for
characterization of a proposed location as low-head. The office is
directed to submit a report, including recommendations regarding potential
energy generation capacity derived from low-head hydropower facilities, a
proposed number of such facilities, potential facility locations, and a
pilot project proposal, to the governor and the general assembly by
January 1, 2009.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&menu=false&ga=82&hbill=HF2644
HF
2652 -
An Act providing for efforts to mitigate odor emitted from a livestock
operation including by providing for basic and applied research and
evaluations, and including applicability and effective date provisions.
Introduced by House Agriculture Committee
and placed on the House Calendar 3/14/2008. This is the infamours 'Odor
Control‘ bill!
EXPLANATION: This bill provides for the
establishment and administration of efforts to mitigate odor emitted from
livestock operations involving swine, beef or dairy cattle, chickens, or
turkeys. The bill is divided into a research effort to reduce the impact
of odor and an evaluation effort to assist in siting new livestock
operations. The efforts are to be conducted by Iowa state university
in consultation with the department of agriculture and land stewardship
and the department of natural resources.
RESEARCH EFFORT. One purpose of the
bill is to accelerate the adoption of affordable and effective odor
mitigation technologies and strategies by livestock producers.
The bill includes three specific project
classifications: (1) on-site applied research to address whether
technologies and strategies can be successfully implemented across many
livestock operations, locations, and situations; (2) basic or applied
research to evaluate technologies or strategies that have not been subject
to comprehensive scientific scrutiny but which demonstrate promise; and
(3) basic research to investigate emerging technologies and strategies.
The bill provides that information obtained
in connection with the research projects conducted on the site of a
livestock operation is confidential, unless confidentiality is waived by
the livestock producer.
The bill requires that Iowa state
university submit annual interim reports which describe the university's
progress in carrying out the research projects and make recommendations
for improving, continuing, or expanding research and for disseminating the
results of the research to livestock producers. The university must
submit a final report to the general assembly six months after it
completes its research effort.
LIVESTOCK ODOR MITIGATION EVALUATION
EFFORT. A second purpose of the bill is to develop a livestock odor
mitigation evaluation effort which determines the potential odor exposure
to persons who would neighbor a new livestock operation as proposed to be
constructed. The bill provides that the effort is contingent upon
moneys being appropriated to the university to conduct the effort.
The livestock odor mitigation evaluation
effort provides for three levels of possible participation by a person who
requests the evaluation, corresponding to the complexity of the proposed
site of construction, and provides for an increasing degree of involvement
by the person and the university. At the completion of an
evaluation, the university provides the person with a report including
findings and recommendations. A participating person who has
completed the level of evaluation as recommended by the university may
request that the university issue the participating person a livestock
odor mitigation evaluation certificate.
The bill provides that the department of
natural resources cannot issue a permit for the construction of a
confinement feeding operation structure which is associated with a new
confinement feeding operation until the applicant has been issued a
livestock odor mitigation evaluation certificate. However, the applicant
is not required to obtain the certificate if an exception applies
including: (1) the confinement feeding operation is twice the
minimum separation distance required from the nearest object or location
from which a separation distance is required, (2) the owner of each object
or location which is less than twice the minimum separation distance
required from the confinement feeding operation executes a document
consenting to the construction, (3) the applicant submits a document
swearing that Iowa state university failed to furnish a certificate to the
applicant within 30 days after the applicant requested the university to
conduct a livestock odor mitigation evaluation, (4) the application is for
a permit to expand a confinement feeding operation which was established
prior to the effective date of the bill's provision, or (5) the university
does not provide for a livestock odor mitigation evaluation effort. In
addition, an applicant is not required to submit a certificate if an
application was submitted prior to the effective date of the bill's
provision.
The bill's provisions providing for the
development of a livestock odor mitigation evaluation effort take effect
only if the university receives moneys to further the odor mitigation
research effort. Otherwise the provision requiring a certificate to
accompany an application for a construction permit takes effect on January
1, 2009.
HF
2654
- An Act relating to water use permit fees, creating a new water use
permit fund, and making appropriations.
EXPLANATION: This bill relates to water use
permit fees for diverting, storing, or withdrawing water. The bill creates
a water use permit fund for revenue generated by annual water use permit
fees. The bill allows the environmental protection commission to set
the fees according to the department of natural resources' costs relating
to the permits. The department must calculate the fees to produce total
revenues of an amount not to exceed $500,000 in a fiscal year. The
fees paid are not subject to sales or services taxes. The bill
appropriates the money in the fund to the department to be used for the
purposes provided in the bill. Specifically, the bill requires that moneys
be used to review applications, issue permits, and provide technical
assistance to permit applicants; and to ensure compliance with the terms
of the permits. The bill requires the commission to annually review the
amount of moneys generated by fees, the balance in the fund, and
anticipated expenses for the succeeding fiscal year.
HF
2537 -
A bill for an act relating to the control of beverage containers by
expanding the types of beverage containers covered and increasing the
reimbursement amount paid to dealers.
EXPLANATION: This bill relates to the
control of beverage containers. The bill increases the types of containers
which require a refund value to include beverage containers such as
bottled water and juice drinks. The bill also increases the reimbursement
amount, commonly referred to as the handling fee, paid by distributors to
dealers from 1 cent per beverage container to 2 cents per beverage
container.
Introduced by House Environmental
Protection Committee and placed on the House
Calendar3/6/2008. Amendments H-8091, H-8101
filed. (Formerly HSB 734)
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=HF2537
SENATE
SJR
2002 - A joint resolution proposing an amendment to the
Constitution of the State of Iowa to dedicate a portion of state revenue
from the tax imposed on certain retail sales of tangible personal property
and services for the benefit of the state's natural resources.
This is the Sustainable Funding for Natural
Resources constitutional amendment resolution about which you should have
received an ALERT earlier this week. It has been placed on the Senate
Calendar for debated, and Senate Leadership has said it will likely be
debated Monday or Tuesday. It would dedicate ⅜ of 1˘ of a future
sales tax increase to Natural Resources, much like Missouri, Arkansas and
Minnesota.
SF
2197
- A bill for an act relating to water quality by establishing a water
resources coordinating council, authorizing a marketing campaign,
directing assistance to local communities for monitoring and measurement,
and creating a regional assessment program, a community-based improvement
program, and a wastewater and storm water infrastructure program.
EXPLANATION: This bill relates to the
protection of surface water and to improvements in water quality. The bill
creates a water resources coordinating council within the governor's
office and specifies as members certain state agency directors with
authority over water-related programs as well as experts in water quality
from the regents institutions. The governor is directed to solicit advice
from several directors of federal programs involved with water resources.
The council is charged with coordinating governmental efforts to improve
water quality in an efficient and fiscally responsible manner.
The bill also charges the council to
conduct a marketing campaign to educate Iowans about water quality and
about their responsibility for improving it. The focus of the campaign is
to make sure that Iowans know that clean water is everyone's
responsibility, and that everyone benefits. The bill also directs the
department of natural resources to engage in a program of statewide
watershed assessment. The department must divide the state into larger,
regional watersheds and engage in water quality assessment of those
regions. The department must complete this assessment within five years,
and based on the results of the assessment, the council must prioritize
the regions so that resources can be directed in the most appropriate and
efficient manner.
The bill also creates a program for
improving water quality at a smaller, local watershed level. The
department is directed to work with the department of agriculture and land
stewardship in awarding funds to local communities, evaluating proposed
local community-based watershed improvement plans, and recruiting local
stakeholders to take the initiative in water quality improvement. Local
stakeholders may include many diverse groups, such as community groups,
soil and water conservation districts, and drainage districts. The
approval of local water quality improvement plans and the allocation of
funds to local communities must be in conformance with the regional
watershed prioritization and are contingent upon the completion of the
department's statewide regional assessment.
The bill also directs the department to
assist local communities with water quality monitoring. This monitoring is
not contingent upon the statewide regional assessment and is intended to
help local communities in the community-based improvement efforts by
providing data to assist in proper planning efforts and the allocation of
resources. The bill also creates a wastewater and storm water treatment
infrastructure program and directs the department to award grant funds to
local communities by prioritizing them according to the greatest risk to
the health of residents. Finally, the bill gives the department rulemaking
authority to carry out the duties imposed on it by the provisions of the
bill.
Introduced by Senate Natural Resources
& Environment Committee and placed on the Senate Calendar2/20/2008.
(Formerly SF 2121.) Attached to similar HF 2400, already passed
by the House and placed on the Senate Calendar. Amendment S-5080
filed. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&Service=Billbook&ga=82&hbill=SF2197
SF
2339- A
bill for an act relating to abandoned vehicles found near bodies of water
by providing for civil penalties.
EXPLANATION: This bill relates to abandoned
vehicles found near bodies of water. The bill provides for civil penalties
of up to $2,000 or the cost of removal, whichever is less, when a vehicle
is found within 100 feet of a river, stream, or creek and the owner can be
determined. The bill provides that one-half of the revenues from the
penalties shall be deposited in the keep Iowa beautiful fund and the other
half shall be deposited in a county's general fund. Moneys in the
keep Iowa beautiful fund are to be used to educate and encourage Iowans to
take greater responsibility for improving their community environment and
enhancing the beauty of the state through litter prevention, improving
waste management and recycling efforts, and beautification projects.
Introduced by Senate Natural Resources
& Environment Committee 3/6/2008. Amendment S-5072
filed. (Formerly SF 2247.) http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&Service=Billbook&ga=82&hbill=SF2339
SF 2346 introduced by Senate
Agriculture Committee and placed on the Senate Calendar 3/10/2008.
(Formerly SF 2213.) Similar to HF 2496
which passed the House and is now placed on the Senate Calendar as a
companion bill. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&Service=Billbook&ga=82&hbill=HF2400
SF
2360 & HF
2570 - A bill for an act relating to solid
waste disposal and environmental management by providing for the
designation of environmental management systems, providing incentives, and
creating an environmental management systems board.
EXPLANATION: This bill relates to solid
waste disposal and management. The bill creates a process for designating
solid waste planning areas as environmental management systems and creates
a council to oversee the process. The council is established within
the department of natural resources. The director of the department
appoints the members of the council. The council members, in
general, must be members of the solid waste community.
The bill encourages solid waste planning
areas to engage in responsible environmental management by providing
incentives for environmentally appropriate solid waste management. Solid
waste planning areas meeting certain requirements may be designated as
environmental management systems and, if designated, qualify for an
exemption from certain sanitary landfill goals, reduced tonnage fees, and
funding assistance from the council. In addition, designated
environmental management systems only have to file an updated plan every
five years instead of the three years currently required under the
department's rules.
To be designated an environmental
management system, a solid waste planning area must actively pursue the
operation of a yard waste management program; the disposal of hazardous
household waste at a regional collection center; watershed improvements
within the area served by the solid waste disposal project; reduced
greenhouse gas emissions through a variety of methods; a recycling
program; and public education programs. The bill establishes a process for
the designation of environmental management systems. First, the
council is required by October 1, 2008, to recommend to the environmental
protection commission up to six qualifying solid waste planning areas for
designation as environmental management systems. Second, by October
1, 2009, and each year thereafter, the council must determine whether the
designated systems remain in compliance. The council may also, in
subsequent years, designate any additional qualifying planning areas.
Third, the council may also review and
monitor the progress of planning areas that have not been designated as
environmental management systems. Fourth, the council is required to
coordinate with other statewide boards, task forces, and other entities in
achieving the goals and objectives of the bill. Finally, the council
is responsible for recommending the allocation of funds to environmental
management systems to be used for achieving compliance with the bill.
All of the council's recommendations are subject to the approval of
the environmental protection commission.
The bill also redirects moneys from tonnage
fees. Under current law, moneys collected from tonnage fees are used
for funding alternatives to landfills. The bill provides that a
portion of the moneys collected from these tonnage fees be allocated to
environmental management systems. The funding would be used to
assist solid waste planning areas in developing plans that meet the
requirements. Finally, the bill requires the department of natural
resources to assist all solid waste planning areas to move toward an
environmental management systems approach to the disposal of solid waste.
Introduced by Senate Natural Resources
& Environment Committee 3/10/2008. (Formerly SSB 3166.) Similar to HF
2570 placed on the House Calendar 3/12/2008. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&Service=Billbook&ga=82&hbill=SF2360
SF 2362 - A
bill for an act providing for research related to mitigation of odor
emitted from livestock operations.
EXPLANATION: This bill provides for the
establishment and administration of a research effort regarding the
mitigation of odor emitted from livestock operations involving swine, beef
or dairy cattle, chickens, or turkeys. The research effort is to be
conducted by Iowa state university in consultation with the department of
agriculture and land stewardship and the department of natural resources.
The purpose of the bill is to accelerate the adoption of affordable and
effective odor mitigation technologies and strategies by livestock
producers. The bill includes three specific project classifications: (1)
on-site applied research to address whether technologies and strategies
can be successfully implemented across many livestock operations,
locations, and situations; (2) basic or applied research to evaluate
technologies or strategies that have not been subject to comprehensive
scientific scrutiny but which demonstrate promise; and (3) basic research
to investigate emerging technologies and strategies. The bill provides
that information obtained in connection with the research projects
conducted on the site of a livestock operation is confidential, unless
confidentiality is waived by the livestock producer. The bill requires
that Iowa state university submit annual interim reports which describe
the university's progress in carrying out the research projects and make
recommendations for improving, continuing, or expanding research and for
disseminating the results of the research to livestock producers. The
university must submit a final report to the general assembly by January
30, 2013. LSB 6236SV 82
Introduced by Senate Agriculture Committee
and placed on the Senate Calendar3/10/2008. (Formerly SF 2234.) This is
the Senate's ‘Odor Control' bill, companion to the House bill. It does
not match the House bill as yet, it came out of committee as originally
drafted, to be amended by Floor action.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=SF2362
SF
2380 - A
bill for an act establishing a low head dam public hazard program.
EXPLANATION: This bill establishes a water
trails and low head dam public hazard program to be administered by the
department of natural resources. In conducting the program, the department
must develop a plan which includes compiling an inventory of low head
dams, seeking participation from experts in a number of fields, developing
standard recommendations for local communities, recommending design
templates for low head dams, and developing priorities for developing
water trails. The bill authorizes the department to contract with
persons to assist in developing the plan. The bill provides that the
department is not required to implement the plan until it has been
appropriated necessary moneys.
Introduced by Senate Natural Resources
& Environment Committee and placed on the Senate Calendar 3/10/2008.
(Formerly SF 2232.) Passed the Senate on 3/12/2008 46-0 and immediately
messaged to the House. Re-referred to House Natural Resources Committee.
This is the bill sought by the Whitewater Coalition and the Rivers group.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=SF2380
SF
2386 -
A bill for an act relating to the achievement of improved energy
efficiency through the establishment of a commission on energy efficiency
standards and practices, and providing for the periodic reporting of
energy efficiency results and savings by gas and electric public
utilities.
EXPLANATION: This bill provides for the
establishment of a commission on energy efficiency standards and practices
within the department of public safety, to be comprised of the state
building code commissioner or designee, the director of the office of
energy independence or designee, a licensed engineer, a registered
architect, two individuals recognized in the construction industry as
possessing expertise and experience in the construction or renovation of
energy-efficiency residential and commercial buildings, a member of a
local planning and zoning commission or county board of supervisors, three
representatives of gas and electric public utilities, a local building
official, and two consumers. The commission's duties would include
evaluating energy efficiency standards applicable to buildings, developing
recommendations for new energy efficiency standards, specifications, or
guidelines applicable to new construction, developing recommendations for
incentives for energy efficiency construction projects which exceed
currently applicable state and local building codes, and developing
recommendations for adopting a statewide energy efficiency building
labeling or rating system. An additional duty would involve
obtaining input from individuals, groups, associations, and agencies in
carrying out these specified duties as the commission determines
appropriate. The commission would exist for a two-year period, with
a report of recommendations submitted to the governor and the general
assembly by January 1, 2011. The bill additionally provides that the Iowa
utilities board shall periodically report energy efficiency results,
including energy savings, of gas and electric public utilities resulting
from energy efficiency plans filed with the board by the utilities.
Introduced by Senate Natural Resources
& Environment Committee and placed on the Senate Calendar 3/10/2008.
(Formerly SF 2083.) This started out as one of Sen. Hogg's good energy
bills, but has been 'gutted‘ to get it out of committee.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=82&hbill=SF2386