2013 Iowa Legislature    

 

The Iowa Chapter tracks bills that are important to the Chapter and to the environment.   The 2013 Legislative session began January 7.  The Chapter is tracking the following bills that have either been introduced or acted upon in the past seven weeks.

Click the bill number to go to the actual bill, the complete bill history and lobbyist declarations.

 

Last updated 06/21/2013

 

 

 

 

Category Bill Number Description SC Position Introduced by Status
Firearm discharge near CAFOS or Feedlots HF133 (formerly HSB10) (see SSB1098) Exempts law enforcement personnel training for proficiency from law prohibiting discharge of  a firearm within 200 yards of a building inhabited by people or domestic livestock or a feedlot   Judiciary Judiciary; subcom Windschitl, Alons, Lensing. Passed Committee 20-1 on 1/31/13. Renamed HF. Amended, passed House 98-1 on 2/13/13. Referred to Senate Judiciary; subcom Hogg, Sodders, Sorenson.  Passed Committee 10-0 with 3 absent on 3/4/13. Passed Senate 45-1 on 3/11/13. Governor signed on 3/28/13.
Drainage/Levee Districts HF152 (formerly HF49) Provides for drainage or levee districts managed by a board of trustees, and including effective date provisions oppose -- Removes jurisdiction from the Boards of Supervisors who are elected by county residents. Sands Agriculture; subcom Maxwell, Bearinger, Deyoe. HF49 Withdrawn 2/13/13.HF152 introduced  2/6/13. Amended, passed House 100-0 on 2/13/13. Referred to Senate Agriculture on 2/14/13; subcom Hart, Brase, Houser. Passed Committee 13-0 on 4/4/13 with recommended amendment (S-3121) that adds section. Moved to unfinished business calendar 4/11/13. Amended, passed 50-0 on 4/22/13. House concurred with amendment, passed House 96-0 on 4/23/13.  Signed by Governor on 5/1/13.
Condemnation proceedings HF212 (formerly HSB8) Iowa Code specifies that such condemnation proceedings shall be conducted by the county attorney when the damages are payable from funds disbursed by a county, or by any township, or school corporation. This bill strikes school corporations from the provision under  which the county attorney is required to conduct condemnation  proceedings.    Judiciary Subcom Garrett, Gassman, R. Olson. Passed Committee 2/12/13. Renamed HF212 on 2/14/13. Passed House 95-0 on 2/27/13. Referred to Senate Judiciary;subcom Quirmbach, Horn, Whitver. Passed Committee 13-0 on 4/3/13. Passed Senate 49-0 on 4/10/11.  Signed by Governor on 4/24/13.
DNR Waste Mgt HF225 (formerly HSB73) (also see SSB 1004) Amends waste management assistance provisions by updating waste management policy; includes reuse and combustion with energy recovery in pollution prevention hierarchy and removes incineration from hierarchy; includes new definition for "pollution prevention" and uses term to replace "hazardous waste management" and "waste reduction assistance;" eliminates references to hazardous waste including EPC duties related to hazardous waste and location, acquisition and operation of hazardous waste management facilities; eliminates certain definitions from Code chapter 455D for terms no longer used in the chapter.  Bill eliminates mandatory solid waste management techniques for planning areas failing to meet the 25 percent reduction goal; eliminates many duties of DNR in relation to waste management and includes a new general duty to implement waste management policy.  Eliminates certain DNR Director duties, redundant language related to receiving moneys for deposit in waste reduction and recycling trust fund.  Eliminates duties including providing financial assistance for certain waste reduction and recycling markets and industries, the technology study for reclamation and recycling of refrigerant and identification of products made from recycles or recovered materials.  Eliminates EPC's duties to budget requests and certain contract and agreement approvals; eliminates EPC's duty to recommend to GA imposition of waste abatement fees, rebates and deposits. Eliminates certain municipal requirements related to yard waste, certain rules for composting related to economic impact statements.  Expands definition of composting to include yard waste and other organic materials.  Eliminates requirement that DNR maintain list of label codes for plastic containers.  Amends provisions related to waste volume reduction and recycling fund; eliminates requirement that grants from the fund be awarded based on solid waste management hierarchy.  Provides that fund be utilized for purposes of providing technical assistance to Iowa businesses to develop and implement pollution prevention techniques.  Eliminates two DNR Director duties related to groundwater reporting requirements.  Repeals Code sections that relate to toxics pollution prevention program, prohibition against snap-top cans and prohibition against plastic cans. Oppose.  Bill removes sections that the Chapter supports DNR Environmental Protection. Subcom Klein, Lundby, Hess.Passed Committee 2/12/13. Renamed HF225. Passed House 97-0 on 2-19-13.  Attached to SF144 2/20/13. Senate passed HF225 46-0 on 3/11/13. Sent to Governor on 3/25/13. Governor signed on 3/28/13.
DNR WQ bill HF311 (formerly HSB72) (also see SSB 1005) Provides that storm water and allowable nonstorm water discharges are not activities that would require notice in two newspapers with largest circulation; allows aquatic pesticides be applied in accordance with EPA rules; allows permit applicant for diversion, storatge or water withdrawal to receive time extension in permitting process to provide applicant more time to submit additional information to resolve contested or complex application provides that a complete application that is not denied or granted an extension of time within 90 days of receipt is approved by default. undecided now because of amendments passed in House.  Changed from oppose 3/10/13. DNR Natural Resources; subcom R. Taylor, Lensing, Deyoe. Passed Committee 13-5   on 2/20/13. Amended changing "two newspapers" to "one newspaper" and passed House 88-12 on 3/11/13.Referred to Senate Natural Resources & Environment; subcom Schoenjahn, Greiner, Seng. Passed Committee 13-0 on 3/21/13. Passed Senate 49-0 on 4/9/13. Signed by Governor on 4/24/13.
Manure management HF312 Requires applicators of CAFO manure to be certified; requires educational instruction and  annual continuing education support Agriculture Subcom Klein, Ourth, Cownie.  Passed Committee 22-0 on 2/20/13. Renamed to HF312 on 5/25/13. Amended, passed House 99-0 on 3/12/13.  Referred to Senate Agriculture; subcom Taylor, Black, Greiner. Passed Committee 13-0 on 4/4/13. Passed Senate 49-0 on 4/9/13. Signed by Governor on 4/24/13.
Fur harvester license HF394 (formerly HF82) Establishes a lifetime fur harvester license for residents who are 65 and older undecided Windschitl Natural Resources; subcom Hanson, Highfill, Rayhons. Renamed HF394 and introduced by Committee.  Passed House 100-0 on 3/11/13. Referred to Senate Natural Resources & Environment; subcom Dearden, Black, Zumbach. Passed Committee 13-0 on 3/21/13. Passed Senate 50-0 on 4/8/13.  Signed by Governor on 4/24/13.
Leasing DNR land to Beginning Farmers HF457 (formerly HSB97) Requires DNR to lease agricultural land it owns in each county to beginning farmers.  Leases are restricted to 240 acres for 3 years. Does not require DNR to lease land it would not otherwise lease for farming.   Agriculture Subcom Kaufmann, Grassley, Muhlbauer, Ruff, Moore. Passed Committee 22-0 with 1 absent on 2/27/13. Passed House 98-0 on 3/18/13. Referred to Sernate Agriculture; subcom Hart, Brase, Kapucian. Passed Committee 13-0 on 4/4/13. Passed Senate 50-0 on 4/10/13.  Signed by Governor on 4/24/13.
CAFOs HF512 (formerly HSB171) (see SF418 formerly SSB1180) Amends Animal Agriculture Compliance Act by changing formulae for requiring an MMP and compliance fee  to actual animal units rather than capacity. oppose Agriculture Subcom Hein, Muhlbauer, Klein. Passed Committee 22-0  on 3/4/13. Renamed HF512 on 3/12/13. Passed House 83-16 on 4/1/13. Attached to SF418 and placed on Senate unfinished business calendar 4/4/13. Amended, passed Senate 43-6 on 5/1/13. House concurred with Senate amendment and passed bill 85-14 on 5/7/13. Signed by Governor on 5/15/13.
Invasive species HF522 (formerly HSB209) Directs NRC to adopt rules introduction, propagation, use, possession, and spread of aquatic invasive species; identify waters of the state with infestations of aquatic invasive species and post 16  such waters as infested; and define additional aquatic species  as invasive if necessary; prohibits transporting on road or placing/attempting to place in waters; and to drain all water equipment prior to removal from water. support Natural Resources Subcom J. Smith, Bacon, Ourth. Passed Committee 21-0 on 3/6/13. Renamed HF522 on 3/12/13. Passed House 98-0 on 3/18/13. Referred to Senate Natural Resources & Environment; subcom Hogg, Brase, Johnson. Passed Committee 13-0 on 3/28/13. Passed Senate 49-0 on 4/9/13.  Signed by Governor on 4/24/13.
Dam reconstruction HF541 (formerly HSB163) Requires certain standards for reconstruction a dam damaged by a natural disaster including person reconstructing only required to possess flooding easements or owership held prior to reconstruction if normal pool elevation not exceeded by reconstructed spillway elevation and flooding easements or ownership are only required to the top of the reconstructed spillway elevation. Prohibits DNR from requiring a fishway. oppose Environmental Protection Subcom Hein, Anderson, J. Smith. Passed Committee  13-8 on 3/5/13.Renamed HF541 on 3/12/13. Passed House 71-27 on 3/18/13. Referred to Senate Local Government; subcom Wilhelm, Brase, Chelgren. Passed Committee 11-0 on 4/3/13. Passed Senate 49-0 on 4/9/13.  Signed by Governor on 4/24/13.
ARRC objection HF586 (formerly HSB192 Allows ARRC to determine if there is good cause that notice and public participation in a rulemaking would be unnecessary, impracticable or  contrary to the public interest.  Also, rule becomes ineffective 180 days after objection filed by 2/3 of ARRC members, Governor or Attorney General. If promulgated under Section 17A.5(2)(b), ARRC can within 35 days of effective date of rule with 2/3 vote suspend applicability of the rule or portion of the rule for 70 days.  Adds subsection allowing ARRC with 2/3 vote to suspend further action for 70 days following notice of intended action.  Allows ARRC to-within 35 days of effective rule date and with 2/3 vote -- suspend applicability of rule or portion of the rule until the adjournment of the next regular session of the general assembly. oppose State Government Subcom Pettengill, Costello,  Mascher.  Passed Committee 23-0 on 3/5/13. Renamed HF586 on 3/13/13. Passed House 98-0 on 3/18/13. Referred to Senate State Government; subcom Danielson, Feenstra, Jochum. Passed Committee 12-0 with 3 absent on 4/3/13. Moved to unfinished business calendar 4/11/12. Passed Senate 44-1 on 5/15/13. Signed by Governor on 5/24/13.
Transportation Infrastructure HF602 (formerly HSB214) Transportation  and other infrastructure-related appropriations   Appropriations Subcom Huseman, Rogers, Dunkel.  Passed Committee 25-0 on 3/14/13.  Passed House 97-0 on 3/20/13. Referred to Senate Appropriations 3/21/13. Amended, passed Senate 29-20 on 4/9/13. Amendment removed all of Division II related to 2014-15 Road Use Tax Fund. House filed H1283 on 4/9/13 replicates Senate amendment. House concurred with amendment, adopted H-1356 and passed 97-0 on 4/23/14.  Senate concurred and passed 46-3 on 4/24/13.  Motion filed to reconsider vote on 4/24/13; withdrawn on 5/22/13. Signed by Governor on 6-17-13.
Hydroelectricity sales tax exemption HF630 (formerly HSB180) (see SF444 formerly SSB1241) Provides hydroelectricity conversion property with same sales tax exemption as wind conversion property to be used as an electric power source and the sale of the materials used to manufacture, install or construct hydroelectricity conversion property as an electric power source.   Ways & Means Subcom Hein, Byrnes, Kelley. Passed Committee 4/9/13. Passed House 95-3 on 4/16/13. Attached to SF444 and passed Senate 50-0 on 4/16/13. Signed by Governor on 5/1/13.
Rebuild Iowa Infrastructure Fund HF638 (formerly HSB235) Allocates $7 million in FY14 and FY15 to DNR for implementation of lake projects with established watershed improvement initiatives and community support in accordance with DNR's annual lake restoration plan and report. S-3203 changes DNR allocation as follows:  7. DEPARTMENT OF NATURAL RESOURCES 1 a. For implementation of lake projects that have established watershed improvement initiatives and community support in accordance with the department’s annual lake restoration plan and report, notwithstanding section 8.57, subsection 5, paragraph 6 “c”: 7 FY 2013-2014:  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 8,600,000      b. For the administration of a water trails and  low head dam public hazard statewide plan, including salaries, support, maintenance, and miscellaneous purposes, notwithstanding section 8.57, subsection 5, paragraph “c”: FY 2013-2014: . . . . . . . . . $ 2,000,000---------------------------------------------------------------------------------------------------------------- Conference Committee retained $8.6 million for DNR's implementation of lake projects; but, reduced to $1 million the administration of water trails and a low head dam public hazard statewide plan.                    Appropriations Subcom Huseman, Bearinger, Deyoe, Dolecheck, Drake, Dunkel, Fisher, Garrett, Hall, Heaton, Heddens, Highfill, Kajtazovic, Koester, Lofgren, Lundby, Murphy, T. Olson, Rogers, Running-Marquardt, Soderberg, T. Taylor, Watts, Winckler, Worthan. Passed committee 24-0 on 4/17/13. Passed House 97-1 on 4/23/13. Referred to  Senate Approprations.Subcom McCoy, Dvorsky, Whitver.  Amended with S-3203, passed Committee 13-8. Amendment passed by voice vote; bill passed 26-23 on 4/30/13. House refused to concur 45-54 on 5/7/13. Senate insisted by voice vote on 5/7/13.  Senate Conference Committee members appointed: Sens. McCoy, Beall, Bowman, Kapucian, Anderson; Reps. Huseman, Cohoon, Dunkel, Lofgren, Maxwell. The House adopted the Conference Committee report and then passed HF638 as amended by 91-2 on 5/17/13. The Senate adopted the Conference Committee report and then passed HF638 as amended by 28-17 on 5/17/13.  Gronstal moved to reconsider on 5/17/13. Signed by Governor on 6/20/13.
Land holder liability for recreational purposes HF649  (formerly HSB240) Relates to liability of a land holder for the public use of private lands and water for recreational purposes or urban deer control.   Government Oversight Subcom Cownie, Gaines, Heartsill. Passed Committee on 5/16/13. Passed House 97-0 on 5/16/13. Referred to Senate Government Oversight on 5/16/13. Passed Committee 5-0 on 5/16/13.  Passed Senate 48-0 on 5/16/13. Signed by Governor on 6/17/13.
UST violation penalties SF 91 (formerly SSB1051)(see HF196) Increases civil penalties for violations related to pipelines and underground gas storage from $10,000 to $100,000 per violation up to $1 million maximum. Department of Commerce/Utilities Division Subcom Schoenjahn, Wilhelm, Breitbach. Passed Committee 1-30-13. Renamed SF91.Passed Senate 48-0 on 2/6/13. Subbed for HF196; passed House 97-0 on 2/19/13. Sent to Governor on 2/25/13. Governor signed 2/28/13.
Natural Areas  SF317 (formerly SF7) Adds  disbursement of oriental bittersweet plants and seeds to invasive species list.  Imposes fine of no more than $100. support Hogg Natural Resources & Environment; subcom Hogg, Breitbach, Schoenjahn. Passed Committee 13-0 on 2/28/13. SF317 passed Committee on 3/5/13. Passed Senate 48-0 on 3/12/13.  Referred to House Natural Resources; subcom Rayhons, Fisher, Thede. Passed Committee 20-0 on 4/3/13. Passed House 98-0 on 4/8/13. Signed by Governor on 4/26/13.
Water Quality SF388 (formerly SF245) Amends the parking lot prohibition in the water resource restoration sponsor program to allow parking lot projects when the parking lot is constructed in a manner to improve water quality and construction is consistent with the NRCS field office technical guide. support Jochum, Johnson Natural Resources & Environment; subcom Bolkcom, Hogg, Johnson. Passed Committee 13-0 on 3/7/13. Renamed SF388 on 3/11/13. Passed Senate 48-0 on 3/18/13. Referred to House Environmental Protection; subcom Maxwell, Berry, Deyoe.  Passed Committee 21-0 on 4/2/13. Passed House 99-0 on 4/9/13. Signed by Governor on 4/24/13.
Private sewage inspections to abstract SF390 (formerly SSB1219) (see HF491) Requires title abstracts to property with private sewage disposal systems to reflect inspection documentation; retroactive to 2009 support Natural Resources & Environment Subcom  Hogg, Seng, Rozenboom. Passed Committee 13-0 on 3/7/13. Renamed SF390 on 3/27/13. Passed Senate 48-0 on 3/18/13. Passed House 97-0 on 3/25/13. Sent to Governor on 4/2/13. Governor signed 4/5/13.
AG/DNR Appropriations SF435 (formerly SSB1245)  See NOBA for SF435 at https://www.legis.iowa.gov/DOCS/NOBA/85_SSB1245_SSub.pdf.  -----------------------------------------------------------------------------------------------------------------Conference Committee Report amends S-3178.  Funds REAP at  $16 million. Appropriates funding for at least  7 additional CAFO inspectors. Funds $2.4 million from GF to IDALS for WQ initiative for FY2013-14 and $4.4 million for FY2014-14 for nutrient reduction. Adds Nutrient Research Center at ISU with $1.5 million; council to include a. The ISU Ag/life sciences dean or designee. b. The ISU extension service director or  designee. c. A representative of the IIHR — hydroscience and engineering within the U of I college of engineering appointed by the university president. d. A person knowledgeable in an area related to nutrient research  appointed by the president of UNI. e. A person knowledgeable in an area related to nutrient research appointed by the state association of private colleges and universities. f. The secretary of agriculture or designee. g. The administrative director of the IDALS soil conservation division  or designee. h. The DNR director or designee. Provides DNR $6.360 million for state park maintenance and operations in FY2013-14 and $3.180 million for FY2014-15.Repeals HF312, manure management certification/education.Removed section on using any state dollars for condemnation of land for lakes.   Appropriations Subcom Black Chair,Dvorsky, Rozenboom. Passed Committee 12-8 on 4/2/13. Amended to add funds to ISU veterinary diagnostic lab; passed Senate 50-0; passed Senate 26-24 on 4/10/11. Referred to House Approriations; subcom Drake, Bearinger,  Fisher. Committee passed 14-11 with H-1297 on 4/15/13. Amended, passed House 51-47.   S-3184 replaces language in H-3178, passed Senate 26-23, then passed SF435 as amended  on 4/24/13. Conference Committee includes Sens. Black, Dearden, Greiner, Rozenboom,  Wilhelm; Reps. Drake, Klein, Grassley, Bearinger, and Ruff.  Both chambers adopted Conference Committee report.  Passed Senate 29-19 on 5/16/13.  Passed House 97-0 on 5/16/13. Motion to reconsider by Upmeyer on 5/16/13. Signed by Governor on 6/17/13.
Water utilities tax SF451 (formerly SSB1252) (see also HF643) Establishes a water utilities replacement tax, imposes a statewide water utility property tax, provides for administration of the replacement tax and statewide property tax.   Ways & Means Subcom Seng, Hogg, Smith. Passed committee 13-0 on 4/24/13. Passed Senate 48-0 on 4/30/13. Substituted for HF643 on 4/30/13. Passed House 99-0 on 5/1/13. Signed by Governor on 5/9/13.
Standings bill SF452 (Conference Committee report as adopted 5/22/13)

Includes appropriations for nonpublic school transportation, special olympics, renewable energy training/education, public transit, an air traffic control tower in a county of 92,000-95,000, electronic death record system, ombudsman office funds, public defense funds, retractable axle provisions found in HF14. Adds HF613, section 2 related to military veteran education assistance. Adds HF 417 section 26 related to drug prescriptions. Adds SF357, section 7, amended related to service of notice. Adds HF417, section 63, amended, related to state archaeologist entering into agreements and cooperative efforts with federal highway administrators and other US departments. Adds HF415, section 55 related to income withholding orders. Adds SF340, Section 4 on railroad rules. Also, adds HF304, Section 51 on flood mitigation (adds 9- member voting and 4 ex officio nonvoting member board). Adds HF417, section 97 on veterans property tax es. Adds HF541, subsection 31, paragraphs a and b for dam reconstruction, pool elev ation, easements. Adds HF469, section 43 amended and referring to shareholders. Adds HF469 section53, amended referring to applicable and appraisal rights for shareholders. Adds SF189, section 6, amended and related to insurers. Adds SF183, section 8, amended and referring to state credit unions. Adds HF556, section 167, amended and referring to registering a business as a foreign corporation. Adds HF417, section 174, amended, relating to banking/financial organizations. Adds HF556, section 234, amended, referring to structures owned or leased by public utilities. Adds HF556, section 206, amended, referring to curio or relic firearms. Repeals HF417, section 34 and HF556, section 27. Repeals HF469, sections 83 and 84. Adds appropriations to state judicial , fire and police retirement funds. Amends Code language related to public buildings/grounds, etc., and principal amount of bonds (replaces cost). Also adds supplementary weighting for limited English proficient students, newborn critical congenital heart disease screening, right to cure on closed credit card accounts, public safety training and facilities task force, cigarette fire safety standards/fund, ignition interlocks, notary public, establishment of corn promotion board, apportionment of transportation funds for street construction. House amendments removed a section on drug prescriptions. Repeals SF181 related to practice by business entities. Amends language related to mobile home parks and recreational park trailers. Adds language about preschool instruction. Restricts financial literacy fund from using any money for administration. Adds section on mental health/disability services. Adds section on newborn critical congenital heart disease screening. Amends section on individual development account program by restricting eligibility to or less than 100% of federal poverty level (was 200%) and removes language that 85% of amount appropriated will be used for state match payments and restricts any funds from being used for administrative costs.

  Appropriations Amended, passed Senate 26-21 on 4/29/13.  Amended, passed House 51-43 on 5/2/13.  Senate passed S3223 as amended by voice vote; passed SF452 as amended 26-24. House refused to concur 45-52 on 5/8/13. Conference committee appointed: Sens. Dvorsky, Gronstal, Jochum,  Bertrand, Whitver; Reps. Soderberg, Paulsen, Upmeyer, Hall, Lundby.
Senate adopted Conference Committee report; passed bill 26-24 on 5-22-13.  House adopted Conference Committee report; passed bill 96-1 on 5-22-13. Governor vetoed historical preservation tax credits; private residential services for general and special education; fall back on state if federal fails to provide funds promised to counties;$200k to Chronic Care Consortium and Sections  31, 32, 33 and 34 related to restraining Public Safety department to use funds allocated in bill for non-supervisory positions. Otherwise, signed by Governor on 6/20/13.