A bill for an act relating to clean water monitoring by requiring agencies to publish disaggregated data, including data associated with contributions by nonpoint sources.

Senate

File

2266

-

Introduced

SENATE

FILE

2266

BY

STAED

,

WINCKLER

,

QUIRMBACH

,

DOTZLER

,

DREY

,

HARDMAN

,

ZIMMER

,

PETERSEN

,

BENNETT

,

and

WAHLS

A

BILL

FOR

An

Act

relating

to

clean

water

monitoring

by

requiring

agencies

1

to

publish

disaggregated

data,

including

data

associated

2

with

contributions

by

nonpoint

sources.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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2266

Section

1.

Section

466B.2,

Code

2026,

is

amended

by

adding

1

the

following

new

subsection:

2

NEW

SUBSECTION

.

1A.

“Division”

means

the

division

of

soil

3

conservation

and

water

quality

created

within

the

department

of

4

agriculture

and

land

stewardship.

5

Sec.

2.

Section

466B.3,

subsection

4,

paragraph

b,

Code

6

2026,

is

amended

to

read

as

follows:

7

b.

The

director

of

the

division

of

soil

conservation

and

8

water

quality

within

the

department

of

agriculture

and

land

9

stewardship

or

the

director’s

designee.

10

Sec.

3.

NEW

SECTION

.

466B.12

Disaggregated

data

reporting.

11

In

addition

to

providing

and

updating

reports

that

include

12

aggregated

data

regarding

surface

water

quality

measurements

13

resulting

from

monitoring,

the

department

of

natural

resources

14

and

the

division

shall

disaggregate

the

data

to

indicate

15

the

water

quality

measurements

delineating

nonpoint

source

16

contributions

to

designated

use

segments

according

to

17

surface

water

classifications

established

by

the

department

18

of

natural

resources.

The

department

of

natural

resources

19

and

the

division

shall

publish

and

update

water

quality

20

reports

specifying

the

disaggregated

data

on

an

internet

21

site

administered

cooperatively

by

the

department

of

natural

22

resources

and

the

division.

23

Sec.

4.

Section

466B.41,

subsection

3,

Code

2026,

is

amended

24

by

striking

the

subsection.

25

Sec.

5.

Section

466B.49,

Code

2026,

is

amended

to

read

as

26

follows:

27

466B.49

Confidentiality.

28

1.

Any

Except

as

provided

in

subsection

2,

any

information

29

received,

collected,

or

held

under

this

subchapter

is

a

30

confidential

record,

and

is

exempted

from

public

access

as

31

provided

in

section

22.7

,

if

all

of

the

following

apply:

32

1.

a.

The

information

is

received,

collected,

or

held

by

33

a

nonprofit

organization

that

conducts

nutrient

management

34

research,

including

but

not

limited

to

conducting

evaluations,

35

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2266

assessments,

or

validations.

1

2.

b.

The

information

identifies

any

of

the

following:

2

a.

(1)

A

person

who

holds

a

legal

interest

in

agricultural

3

land

or

who

has

previously

held

a

legal

interest

in

4

agricultural

land.

5

b.

(2)

A

person

who

is

involved

or

who

has

previously

been

6

involved

in

managing

the

agricultural

land

or

producing

crops

7

or

livestock

on

the

agricultural

land.

8

c.

(3)

The

identifiable

location

of

the

agricultural

land.

9

2.

Subsection

1

does

not

apply

to

data

collected

to

10

delineate

a

nonpoint

source

that

contributes

to

a

surface

water

11

classified

as

a

designated

use

segment

as

described

in

section

12

466B.12.

13

EXPLANATION

14

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

15

the

explanation’s

substance

by

the

members

of

the

general

assembly.

16

This

bill

requires

the

department

of

natural

resources

17

and

the

division

of

soil

conservation

and

water

quality

18

within

the

department

of

agriculture

and

land

stewardship

to

19

disaggregate

data

regarding

surface

water

quality

measurements

20

resulting

from

monitoring,

according

to

designated

use

21

segments

established

by

the

department.

The

disaggregated

22

data

must

include

water

quality

measurements

delineating

23

nonpoint

source

contributions

to

designated

use

segments.

A

24

designated

use

segment

refers

to

a

water

body

that

maintains

25

flow

throughout

the

year

or

contains

sufficient

pooled

26

areas

during

intermittent

flow

periods

to

maintain

a

viable

27

aquatic

community

(567

IAC

61.3).

The

department

and

division

28

must

publish

and

update

water

quality

reports

specifying

29

the

disaggregated

data

on

an

internet

site

administered

30

cooperatively

by

the

two

agencies.

The

bill

provides

that

31

the

data

is

not

subject

to

confidentiality

requirements

that

32

otherwise

could

apply

to

landowners

who

operate

a

crop

or

33

livestock

operation

near

a

water

source.

34

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