HF 735 — A bill for an act relating to the management of soil and water resources, including projects described in the Iowa nutrient reduction strategy, and the use of a county tax levy. (Formerly HF 571.)

House File 735 - IntroducedReprinted HOUSE FILE 735 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HF 571) (As Amended and Passed by the House March 20, 2019) A BILL FOR An Act relating to the management of soil and water resources, including projects described in the Iowa nutrient reduction strategy, and the use of a county tax levy.

TLSBHF 2562HV735 (2)(3) 88 da/rnda/rn/md H.F.

LSBHF 2562HV735 (2)(3) 88 -1- da/rnda/rn/md 1/91/8 H.F.

LSBHF 2562HV735 (2)(3) 88 -2- da/rnda/rn/md 2/92/8 H.F.

Each A soil and water conservation district, alone and whenever practical in conjunction with other districts, shall public purpose entities, or financing entities mayshall carry out district-wideindividual, district-wide, and multiple-district projects to support water protection practices in the district or districtsdistricts, , including but not limited to authorized projects to protect this state’s groundwater and surface water from point and nonpoint sources of contamination, including but not limited to contamination by agricultural drainage wells, sinkholes, sedimentation, or chemical pollutants.

Soil A soil and water conservation districts district may enter into agreements an agreement with the United States federal government,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 a public purpose entity, or a financing entity, forHF cooperation735 in(3) preventing, controlling, or attempting to LSB 2562HV (2) 88 -3- da/rnda/rn/md 3/93/8 H.F.

735 for cooperation in preventing, controlling, or attempting to prevent or control contamination the pollution of groundwater or surface water or groundwater by point and nonpoint sources of pollution.

Authorized projects, including but not limited to water quality projects and operations, are presumed to be for the protection of the tax base of the county, for the protection of public roads and lands, and for the protection of the public health,HF sanitation,735 safety,(3) and88 general-4- welfare.da/rn/md 4/8 H.F.

LSB735 2562HVhealth, (2)sanitation, 88safety, -4-and da/rngeneral 4/9welfare. H.F.

735 Sec.

The county may assume a proportion of the cost of the authorized project as deemed appropriate, and mayHF assume735 the(3) maintenance cost of the project on lands under LSB 2562HV (2) 88 -5- da/rnda/rn/md 5/95/8 H.F.

735 may assume the maintenance cost of the project on lands under the control or jurisdiction of the county which will not be discharged by federal aid assistance or grant.

The county board of supervisors may annually levy a tax not toHF exceed735 six(3) and three-fourths cents per thousand dollars of LSB 2562HV (2) 88 -6- da/rnda/rn/md 6/96/8 H.F.

735 to exceed six and three-fourths cents per thousand dollars of assessed value of all agricultural lands in the county, to be used for flood and erosion control, including authorized projects, including but not limited to furnishing financial assistance in connection with water quality projects and operations, and for the acquisition of land or interests in land, and repair, alteration, maintenance, and operation of works of improvement on lands under the control or jurisdiction of the county as provided in this chapter.

The board of supervisors of any a county shall have jurisdiction, power and authority at any regular, special or adjourned session to establish, subject to the provisions of this chapter, districts having for their purpose soil conservation, and the control of flood waters, or the improvement of water quality, and to cause to be constructed as hereinafter provided, such improvements and facilities as shall be deemed essential for the accomplishment of the purpose of soil conservation, and flood control, or the improvement of water quality.quality .

This section subsection shall apply only toHF surface735 soil(3) so removed after July 4, 1949, and then only LSB 2562HV (2) 88 -7- da/rnda/rn/md 7/97/8 H.F.

735 to surface soil so removed after July 4, 1949, and then only if it is essential for the accomplishment of the purpose of soil conservation and flood control within the purview of this chapter.

EXPLANATIONHF The735 inclusion(3) of88 this-8- explanationda/rn/md does8/8 not constitute agreement with the explanation’s substance by the members of the general assembly.

This bill amends various provisions relating to the management of soil and water resources including Code chapter 161A, the “Soil Conservation Districts Law” (Code section 161A.1) which regulates soil erosion and authorizes the payment of cost-share incentives for soil and water conservation practices administered by the department of agriculture and land stewardship (department) and soil and water conservation districts (districts) throughout the state;

Code chapter 161C authorizing districts and other political subdivisions to work in conjunction in carrying out districtwide and multiple district water protection projects;

Code chapter 161E, authorizing counties and districts, political subdivisions, and other local agencies (qualified government entities) to LSB 2562HV (2) 88 -8- da/rn 8/9 H.F.

735 provide for flood control or soil erosion control, including by levying a tax of 6.75 cents per $1,000 of assessed value on agricultural land in the county;

and Code chapter 161F which authorizes the board of supervisors of a county to establish soil conservation and flood control districts.

The bill provides that along with traditional duties and powers exercised by these bodies relating to soil erosion and flood protection, they may also carry out water quality protection projects and operations which include efforts to maintain, protect, and improve the quality of surface water and groundwater from point and nonpoint sources in a manner consistent with the Iowa nutrient reduction strategy.

The bill authorizes cooperation between districts, subdistricts, political subdivisions including through the use of Code chapter 28E and Code chapter 28F agreements, rural water districts, and rural water associations.

The bill authorizes joint financing agreements and the involvement of financing entities which include public or private agencies providing funding through loans, grants, or other financial instruments.

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