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House
File
2167
-
Introduced
HOUSE
FILE
2167
BY
GEARHART
and
SITZMANN
A
BILL
FOR
An
Act
providing
for
a
buffer
strip
program
and
fund,
and
1
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
466B.31
Definitions.
1
1.
“Buffer
strip”
means
permanent
vegetation
that
is
2
established
and
managed
adjacent
to
a
waterway
to
reduce
3
soil
erosion
and
sediment
loss,
manage
nutrients
and
reduce
4
contributing
contaminant
loads
to
receiving
surface
waters,
and
5
improve
surface
water
quality.
6
2.
“Division”
means
the
division
of
soil
conservation
and
7
water
quality
created
within
the
department
of
agriculture
and
8
land
stewardship
pursuant
to
section
159.5.
9
3.
“Waterway”
means
a
river,
stream,
creek,
brook,
drainage
10
ditch,
or
other
perennially
flowing
body
of
water.
11
Sec.
2.
NEW
SECTION
.
466B.32
Rulemaking.
12
The
division
shall
adopt
rules
pursuant
to
chapter
17A
13
as
it
determines
necessary
or
desirable
to
administer
this
14
subchapter.
15
Sec.
3.
NEW
SECTION
.
466B.33
Buffer
strip
program.
16
1.
The
division
shall
establish
and
administer
a
buffer
17
strip
program
on
a
statewide
basis.
18
2.
In
administering
the
program,
the
division
shall
enter
19
into
agreements
with
landowners
to
establish
and
maintain
20
buffer
strips
on
land
enrolled
in
the
program
according
to
21
criteria
established
by
the
division.
The
criteria
may
include
22
but
is
not
limited
to
any
of
the
following:
23
a.
The
size
of
the
enrolled
land.
24
b.
The
period
in
which
the
buffer
strip
is
required
to
be
25
maintained.
26
c.
The
current
use
of
the
enrolled
land.
27
d.
The
extent
to
which
a
landowner
incorporates
28
complementary
soil
and
water
conservation
practices
on
the
29
enrolled
land.
30
e.
The
extent
to
which
the
landowner
advertises
the
31
landowner’s
participation
in
the
program.
32
3.
The
department
shall
design
a
sign
for
display
by
33
landowners
participating
in
the
program.
The
sign,
when
posted
34
on
the
landowner’s
land,
shall
clearly
notify
the
traveling
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2167
public
that
the
landowner’s
land
is
enrolled
in
the
program
for
1
purposes
of
restoring
and
enhancing
water
quality.
2
4.
The
program
shall
be
financed
on
a
cost-share
basis
3
in
which
the
division
and
the
landowner
contribute
to
the
4
establishment
of
the
buffer
strip.
The
amount
contributed
by
5
the
division
may
account
for
the
reduction
of
income
incurred
6
by
a
landowner
in
the
year
that
the
land
was
enrolled.
7
5.
The
division
may
administer
the
program
in
conjunction
8
with
the
in-field
infrastructure
program
created
in
section
9
466B.43.
10
Sec.
4.
NEW
SECTION
.
466B.34
Buffer
strip
program
fund.
11
1.
A
buffer
strip
program
fund
is
created
in
the
state
12
treasury
under
the
management
and
control
of
the
division.
13
2.
The
fund
shall
consist
of
moneys
appropriated
to
or
14
deposited
in
the
fund.
The
fund
may
include
other
moneys
15
available
to
and
obtained
or
accepted
by
the
division,
16
including
moneys
from
public
or
private
sources.
17
3.
Moneys
in
the
fund
are
appropriated
to
the
division
and
18
shall
be
used
exclusively
to
carry
out
the
provisions
of
this
19
subchapter
as
determined
by
the
division,
and
shall
not
require
20
further
special
authorization
by
the
general
assembly.
21
4.
a.
Notwithstanding
section
12C.7,
subsection
2,
interest
22
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
23
fund.
24
b.
Notwithstanding
section
8.33,
moneys
in
the
fund
25
that
remain
unencumbered
or
unobligated
at
the
close
of
a
26
fiscal
year
shall
not
revert
but
shall
remain
available
for
27
expenditure
for
the
purposes
designated.
28
Sec.
5.
NEW
SECTION
.
466B.35
Appropriation.
29
For
the
fiscal
year
beginning
July
1,
2026,
and
ending
30
June
30,
2027,
and
for
each
fiscal
year
thereafter,
there
31
is
appropriated
from
the
general
fund
of
the
state
to
the
32
department
of
agriculture
and
land
stewardship
for
deposit
33
in
the
buffer
strip
program
fund
the
amount
of
five
million
34
dollars.
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Sec.
6.
Section
466B.43,
subsection
4,
Code
2026,
is
amended
1
to
read
as
follows:
2
4.
a.
An
in-field
infrastructure
program
is
created.
The
3
program
shall
support
projects
located
on
agricultural
land,
4
which
may
include
demonstration
projects,
that
decrease
erosion
5
and
precipitation-induced
surface
runoff,
increase
water
6
infiltration
rates,
and
increase
soil
sustainability.
The
7
program’s
projects
shall
be
limited
to
infrastructure
designed
8
and
installed
for
use
over
multiple
years,
including
but
not
9
limited
to
structures,
terraces,
and
waterways
located
on
10
cropland
or
pastureland,
and
including
but
not
limited
to
soil
11
conservation
or
erosion
control
structures
or
managed
drainage
12
systems.
The
program
shall
be
financed
on
a
cost-share
basis.
13
b.
The
division
may
administer
the
program
in
conjunction
14
with
the
buffer
strip
program
provided
in
subchapter
III.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
GENERAL.
This
bill
amends
Code
chapter
466B,
the
“Surface
19
Water
Protection
and
Flood
Mitigation
Act”
(Code
section
20
466B.1),
which
establishes
a
number
of
programs
to
assess
and
21
reduce
sources
of
contaminants
in
surface
water
sources.
22
BILL’S
PROVISIONS
——
BUFFER
STRIP
PROGRAM.
The
bill
23
establishes
a
buffer
strip
program
(program)
administered
by
24
the
division
of
soil
conservation
and
water
quality
of
the
25
department
of
agriculture
and
land
stewardship
(division).
26
The
bill
authorizes
the
division
to
enter
into
agreements
27
with
participating
landowners
on
a
cost-share
basis
in
which
28
land
is
enrolled
for
purposes
of
establishing
buffer
strips
29
adjacent
to
waterways
according
to
criteria
established
by
30
the
division.
The
department
is
required
to
design
a
sign
31
for
display
by
landowners
participating
in
the
program.
The
32
program
is
financed
on
a
cost-share
basis
with
landowners,
33
which
may
include
compensation
for
moneys
forgone
by
landowners
34
when
agreeing
to
enroll
the
land.
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2167
BILL’S
PROVISIONS
——
FUNDING.
The
bill
creates
a
buffer
1
strip
program
fund
(fund)
under
the
division’s
management
2
and
control
to
finance
the
program.
The
bill
appropriates
3
$5
million
from
the
general
fund
to
the
fund
each
fiscal
year.
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