Iowa 2017-2018 Regular Session Status: Enacted

SF 512 — A bill for an act relating to water quality by amending the wastewater treatment financial assistance program, creating a water quality infrastructure fund, establishing a water quality financing program, providing for cost-share programs for infrastructure on agricultural and urban land under the water quality initiative, creating a water service excise tax and a related sales tax exemption, making transfers and appropriations and other changes properly related to water quality, and including effective date provisions. (Formerly SSB 1034 and SF 482.) Various effective dates; see section 27 of bill.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 17, 2017. Enacted.

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Bill Text

What changed in the latest version

41 added · 78 removed

41 line(s) added, 78 removed.

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Senate File 512 - Reprinted SENATE FILE 512 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 482) (SUCCESSOR TO SSB 1034) (As Amended and Passed by the Senate April 20, 2017) A BILL FOR An Act relating to water quality by amending the wastewater treatment financial assistance program, creating a water quality infrastructure fund, establishing a water quality financing program, providing for cost-share programs for infrastructure on agricultural and urban land under the water quality initiative, creating a water service excise tax and a related sales tax exemption, making transfers and appropriations and other changes properly related to water quality, and including effective date provisions.
Senate File 512 - Enrolled Senate File 512 AN ACT RELATING TO WATER QUALITY BY AMENDING THE WASTEWATER TREATMENT FINANCIAL ASSISTANCE PROGRAM, CREATING A WATER QUALITY INFRASTRUCTURE FUND, ESTABLISHING A WATER QUALITY FINANCING PROGRAM, PROVIDING FOR COST-SHARE PROGRAMS FOR INFRASTRUCTURE ON AGRICULTURAL AND URBAN LAND UNDER THE WATER QUALITY INITIATIVE, CREATING A WATER SERVICE EXCISE TAX AND A RELATED SALES TAX EXEMPTION, MAKING TRANSFERS AND APPROPRIATIONS AND OTHER CHANGES PROPERLY RELATED TO WATER QUALITY, AND INCLUDING EFFECTIVE DATE PROVISIONS.
SF 512 (5) 87 mm/sc/jh S.F.
Section 1.
512 Section 1.
(0c) (i) For each fiscal year of the period beginning July 1, 2020, and ending June 30, 2029, of the wagering tax receipts received pursuant to sections 99D.17 and 99F.11, the next fifteen million dollars shall be deposited in the water quality infrastructure fund created in section 8.57B.
(0c) (i) For each fiscal year of the period beginning July 1, 2020, and ending June 30, 2029, of the wagering tax receipts received pursuant to sections 99D.17 and 99F.11, the next fifteen million dollars shall be Senate File 512, p.
2 deposited in the water quality infrastructure fund created in section 8.57B.
The fund SF 512 (5) 87 -1- mm/sc/jh 1/20 S.F.
The fund shall consist of moneys transferred pursuant to section 8.57, subsection 5, paragraph “f”, subparagraph (1), subparagraph division (0c), moneys transferred to the fund pursuant to section 423G.6, and appropriations made to the fund and transfers of interest, earnings, and moneys from other funds as provided by law.
512 shall consist of moneys transferred pursuant to section 8.57, subsection 5, paragraph “f”, subparagraph (1), subparagraph division (0c), moneys transferred to the fund pursuant to section 423G.6, and appropriations made to the fund and transfers of interest, earnings, and moneys from other funds as provided by law.
However, the fund shall be considered a special account for the purposes of section 8.53, relating to generally accepted accounting principles.
However, the fund shall be considered a special account for the purposes Senate File 512, p.
3 of section 8.53, relating to generally accepted accounting principles.
For purposes of this section, “program” means the wastewater and drinking water treatment financial assistance program and “committee” means the SF 512 (5) 87 -2- mm/sc/jh 2/20 S.F.
For purposes of this section, “program” means the wastewater and drinking water treatment financial assistance program and “committee” means the water quality financing review committee created in subsection 9.
512 water quality financing review committee created in subsection 9.
Financial assistance under the program shall be used to install or upgrade wastewater treatment facilities and systems and drinking water treatment facilities and systems, including source water protection projects , and for engineering or technical assistance for facility planning and design.
Financial assistance under the program shall be used to install or upgrade wastewater treatment facilities and systems and drinking water treatment facilities and systems, Senate File 512, p.
4 including source water protection projects , and for engineering or technical assistance for facility planning and design.
Priority shall be given to projects in which the meeting criteria established in section 455B.199B in which the applicant seeks financial assistance is to be used to obtain SF 512 (5) 87 -3- mm/sc/jh 3/20 S.F.
Priority shall be given to projects in which the meeting criteria established in section 455B.199B in which the applicant seeks financial assistance is to be used to obtain with financing under the water pollution control works and drinking water facilities financing program pursuant to section 16.131 or other federal, or state, or private financing.
512 with financing under the water pollution control works and drinking water facilities financing program pursuant to section 16.131 or other federal, or state, or private financing.
g.
Senate File 512, p.
5 g.
The authority may use an amount of not more than SF 512 (5) 87 -4- mm/sc/jh 4/20 S.F.
The authority may use an amount of not more than four one percent of any moneys appropriated for deposit in the fund for administration purposes.
512 four one percent of any moneys appropriated for deposit in the fund for administration purposes.
(5) Four members of the general assembly, with two from the senate and two from the house of representatives and not more than one member from each chamber being from the same political party.
Senate File 512, p.
6 (5) Four members of the general assembly, with two from the senate and two from the house of representatives and not more than one member from each chamber being from the same political party.
A water quality financing review committee is SF 512 (5) 87 -5- mm/sc/jh 5/20 S.F.
A water quality financing review committee is created consisting of the secretary of agriculture or the secretary’s designee, the executive director of the authority or the executive director’s designee, and the director of the department of natural resources or the director’s designee.
512 created consisting of the secretary of agriculture or the secretary’s designee, the executive director of the authority or the executive director’s designee, and the director of the department of natural resources or the director’s designee.
b.
Senate File 512, p.
7 b.
Notwithstanding section 12C.7, subsection 2, interest or SF 512 (5) 87 -6- mm/sc/jh 6/20 S.F.
Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
512 earnings on moneys in the fund shall be credited to the fund.
“Project” means any combination of improvements, structures, developments, tasks, actions, constructions, modifications, operations, or practices designed to improve water quality that are proposed by an eligible entity and approved by the authority.
“Project” means any combination of improvements, structures, developments, tasks, actions, constructions, modifications, operations, or practices designed to improve Senate File 512, p.
8 water quality that are proposed by an eligible entity and approved by the authority.
SF 512 (5) 87 -7- mm/sc/jh 7/20 S.F.
b.
512 b.
16.144 Water quality financing program fund —— appropriation —— other funds.
16.144 Water quality financing program Senate File 512, p.
SF 512 (5) 87 -8- mm/sc/jh 8/20 S.F.
9 fund —— appropriation —— other funds.
512 1.
1.
All moneys transferred to the authority for purposes of the program shall be deposited and held in a fund or account SF 512 (5) 87 -9- mm/sc/jh 9/20 S.F.
All moneys transferred to the authority for purposes of the program shall be deposited and held in a fund or account established and maintained pursuant to this section.
512 established and maintained pursuant to this section.
The funds or accounts held by the authority, or a trustee acting on behalf of the authority pursuant to a trust agreement related to the program, shall not be considered part of the general fund of the state, are not subject to appropriation for any other purpose by the general assembly, and in determining a general fund balance shall not be included in the general fund of the state, but shall remain in the funds and accounts maintained by the authority or trustee pursuant to a trust agreement.
The funds or accounts held by the authority, or a trustee acting on behalf of the authority pursuant to a trust agreement Senate File 512, p.
10 related to the program, shall not be considered part of the general fund of the state, are not subject to appropriation for any other purpose by the general assembly, and in determining a general fund balance shall not be included in the general fund of the state, but shall remain in the funds and accounts maintained by the authority or trustee pursuant to a trust agreement.
The plan describes in detail the manner in which the projects will be financed and undertaken, including, as SF 512 (5) 87 -10- mm/sc/jh 10/20 S.F.
The plan describes in detail the manner in which the projects will be financed and undertaken, including, as applicable, the sources of revenue directed to financing the improvements as well as the eligible entities that will be receiving the revenues and how such revenues will be spent on the projects.
512 applicable, the sources of revenue directed to financing the improvements as well as the eligible entities that will be receiving the revenues and how such revenues will be spent on the projects.
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The provision of financial assistance under the program shall take into account, as applicable, the number of municipalities, landowners, public utilities, rural water districts, or rural water associations comprising an eligible entity and the eligible entity’s financing capacity.
The provision of financial assistance under the program shall take into account, Senate File 512, p.
11 as applicable, the number of municipalities, landowners, public utilities, rural water districts, or rural water associations comprising an eligible entity and the eligible entity’s financing capacity.
SF 512 (5) 87 -11- mm/sc/jh 11/20 S.F.
Sec.
512 Sec.
Sec.
Senate File 512, p.
12 Sec.
Section 422.25, subsection 4, sections 422.30, 422.67, and 422.68, section 422.69, subsection 1, sections 422.70, 422.71, 422.72, 422.74, and 422.75, section 423.14, subsection 1, and sections 423.23, 423.24, 423.25, 423.31 through 423.35, 423.37 through 423.42, and 423.47, consistent with the provisions of this chapter, shall apply with respect to the tax SF 512 (5) 87 -12- mm/sc/jh 12/20 S.F.
Section 422.25, subsection 4, sections 422.30, 422.67, and 422.68, section 422.69, subsection 1, sections 422.70, 422.71, 422.72, 422.74, and 422.75, section 423.14, subsection 1, and sections 423.23, 423.24, 423.25, 423.31 through 423.35, 423.37 through 423.42, and 423.47, consistent with the provisions of this chapter, shall apply with respect to the tax authorized under this chapter, in the same manner and with the same effect as if the excise taxes on the sale or furnishing of a water service were retail sales taxes within the meaning of those statutes.
512 authorized under this chapter, in the same manner and with the same effect as if the excise taxes on the sale or furnishing of a water service were retail sales taxes within the meaning of those statutes.
a.
Senate File 512, p.
13 a.
SF 512 (5) 87 -13- mm/sc/jh 13/20 S.F.
2.
512 2.
“Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
“Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding Senate File 512, p.
14 operation, or vessel or other floating craft, from which pollutants are or may be discharged.
Section 466B.3, subsection 3, paragraph c, Code SF 512 (5) 87 -14- mm/sc/jh 14/20 S.F.
Section 466B.3, subsection 3, paragraph c, Code 2017, is amended to read as follows:
512 2017, is amended to read as follows:
To evaluate the progress achieved over time toward the goals of the Iowa nutrient reduction strategy and the United States environmental protection agency gulf hypoxia action plan, the baseline condition shall be calculated for the time period from 1980 to 1996.
To evaluate the progress achieved over time toward the goals Senate File 512, p.
15 of the Iowa nutrient reduction strategy and the United States environmental protection agency gulf hypoxia action plan, the baseline condition shall be calculated for the time period from 1980 to 1996.
The purpose of the programs is to support projects for the installation of infrastructure, including conservation SF 512 (5) 87 -15- mm/sc/jh 15/20 S.F.
The purpose of the programs is to support projects for the installation of infrastructure, including conservation structures, practices, or other measures that reduce contributing nutrient loads, associated sediment, or contaminants from sources to surface waters.
512 structures, practices, or other measures that reduce contributing nutrient loads, associated sediment, or contaminants from sources to surface waters.
The program’s projects shall be limited to infrastructure designed and installed for use over multiple years, including but not limited to structures, terraces, and waterways located on cropland or pastureland, and including but not limited to soil conservation or erosion control structures or managed drainage systems.
The program’s projects shall be limited to infrastructure designed and installed for use over multiple years, including but not limited to structures, terraces, and waterways located on cropland or pastureland, and including but not limited to soil conservation or erosion control structures or managed drainage Senate File 512, p.
16 systems.
The agreement shall include standard terms and conditions for the receipt of program moneys and any other terms and conditions the division deems necessary SF 512 (5) 87 -16- mm/sc/jh 16/20 S.F.
The agreement shall include standard terms and conditions for the receipt of program moneys and any other terms and conditions the division deems necessary or convenient for the efficient administration of the project or program.
512 or convenient for the efficient administration of the project or program.
The program’s projects shall be based on Iowa’s storm water management manual published by the department of natural resources.
The program’s projects shall be based on Iowa’s storm water Senate File 512, p.
17 management manual published by the department of natural resources.
The program shall be financed on a cost-share basis or through cooperative agreements with watershed projects funded SF 512 (5) 87 -17- mm/sc/jh 17/20 S.F.
The program shall be financed on a cost-share basis or through cooperative agreements with watershed projects funded through section 455B.199 whose project activities fall outside the territorial boundaries of a city.
512 through section 455B.199 whose project activities fall outside the territorial boundaries of a city.
Any information obtained by the division identifying a SF 512 (5) 87 -18- mm/sc/jh 18/20 S.F.
Any information obtained by the division identifying a Senate File 512, p.
512 person holding a legal interest in land or specific land shall be a confidential record under section 22.7.
18 person holding a legal interest in land or specific land shall be a confidential record under section 22.7.
SF 512 (5) 87 -19- mm/sc/jh 19/20 S.F.
Sec.
512 Sec.
2.
Senate File 512, p.
19 2.
SF 512 (5) 87 -20- mm/sc/jh 20/20
______________________________ ______________________________ JACK WHITVER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 512, Eighty-seventh General Assembly.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2018 ______________________________ KIM REYNOLDS Governor
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Amendments

9 amendments

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Action History

  1. Signed by Governor.

  2. Fiscal note.

  3. Sent to Governor.

  4. Reported correctly enrolled, signed by President and Speaker.

  5. Message from House.

  6. Immediate message.

  7. Passed House, ayes 59, nays 41.

  8. House receded.

  9. Message from Senate.

  10. Immediate message.

  11. Senate refused to concur with S-3387.

  12. Fiscal note.

  13. Message from House, with amendment S-3387.

  14. Explanation of vote.

  15. Immediate message.

  16. Passed House, ayes 79, nays 19.

  17. Amendment H-1440 adopted.

  18. Amendment H-1442 to H-1440 filed, lost.

  19. Amendment H-1440 filed.

  20. Substituted for HF 612.

  21. Read first time, passed on file.

  22. Message from Senate.

  23. Immediate message.

  24. Passed Senate, ayes 31, nays 19.

  25. Amendment S-3354 filed, lost.

  26. Amendment S-3358 filed, lost.

  27. Amendment S-3332 lost.

  28. Amendments S-3336 and S-3341 out of order.

  29. Amendment S-3356 filed, adopted.

  30. Amendment S-3331 lost.

  31. Point of order raised on S-3331, ruled in order.

  32. Fiscal note.

  33. Amendments S-3331, S-3332, S-3336, and S-3341 filed.

  34. Committee report, recommending passage.

  35. Subcommittee: Feenstra, Anderson, Behn, et al..

  36. Referred to Ways and Means.

  37. Committee report, approving bill.

  38. Introduced, placed on Appropriations calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation environment agriculture
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This bill has been enacted into law. Introduced April 17, 2017. Enacted.
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