General Assembly: 83 (2009 Regular GA) - Chapter 175 - Appropriations — agriculture and natural resources


Published: 2009-05-14

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728LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 174

shall include a description of the project, the progress of work completed, the total estimated cost of the project, a list of all revenue sources being used to fund the project, the amount of funds expended, the amount of funds obligated, and the date the project was completed or an estimated completion date of the project, where applicable. 7. Payment of moneys appropriated from the fund shall be made in a manner that does not

adversely affect the tax-exempt status of any outstanding bonds issued by the treasurer of state.

DIVISION III ANNUAL APPROPRIATION BONDS CAPITALS

FUND — APPROPRIATION

Sec. 6. There is appropriated from the appropriation bonds capitals fund created in section 12.90C to the Iowa energy center for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For deposit into the alternate energy revolving loan fund created in section 476.46 to encour-

age the development of alternate energy production facilities and small hydro facilities, as de- fined in section 476.42, within the state:

$ 5,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any award of loans to private individuals or organizations must be for the public purposes

of encouraging the development of alternate energy production facilities and small hydro fa- cilities within the state in order to conserve finite and expensive energy resources and to pro- vide for their most efficient use. Funds from bond proceeds shall not be used for administra- tion or planning purposes. These moneys, and any loan repayments, shall be maintained in separate accounts and shall only be used for these public purposes.

Approved May 14, 2009

_________________________

CH. 175CH. 175

CHAPTER 175 APPROPRIATIONS — AGRICULTURE

AND NATURAL RESOURCES

S.F. 467

AN ACT relating to and making appropriations involving state government, by providing for agriculture, natural resources, and environmental protection, and providing for effective dates.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

GENERAL APPROPRIATIONS

Section 1. GENERAL FUND — DEPARTMENT. 1. There is appropriated from the general fund of the state to the department of agriculture

729 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 175

and land stewardship for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of supporting the department, including its divisions, for administration, regu-

lation, and programs; for salaries, support,maintenance, andmiscellaneous purposes; and for not more than the following full-time equivalent positions:

$ 18,747,009. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 408.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The department shall submit a report each quarter of the fiscal year to the legislative ser- vices agency, the department of management, the members of the joint appropriations sub- committee on agriculture and natural resources, and the co-chairpersons and ranking mem- bers of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated in this section to support the department’s adminis- tration, regulation, and programs.1

DESIGNATED APPROPRIATIONS — ANIMAL HUSBANDRY

Sec. 2. UNCLAIMED PARI-MUTUEL WAGERING WINNINGS — HORSE AND DOG RACING. There is appropriated from the moneys available under section 99D.13 to the de- partment of agriculture and land stewardship for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For purposes of supporting the department’s administration and enforcement of horse and

dog racing law pursuant to section 99D.22, including for salaries, support, maintenance, and miscellaneous purposes:

$ 305,516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DESIGNATED APPROPRIATIONS — MOTOR FUEL

Sec. 3. RENEWABLE FUEL INFRASTRUCTURE FUND — MOTOR FUEL INSPEC- TION. There is appropriated from the renewable fuel infrastructure fund created in section 15G.205 to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is neces- sary, to be used for the purposes designated: For purposes of the inspection of motor fuel, including salaries, support, maintenance, and

miscellaneous purposes: $ 300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The department shall establish and administer programs for the auditing of motor fuel in- cluding biofuel processing and production plants, for screening and testingmotor fuel, includ- ing renewable fuel, and for the inspection ofmotor fuel sold by dealers including retail dealers who sell and dispense motor fuel from motor fuel pumps.

DESIGNATED APPROPRIATIONS — AGRICULTURAL REMEDIATION FUND

Sec. 4. AGRICHEMICAL REMEDIATION FUND—DEPARTMENTAL SUPPORT. There is appropriated from the agrichemical remediation fund created in section 161.7 all unobli- gated or unencumberedmoneys to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2009, and ending June 30, 2010, to be used for the purposes to support the department, including its divisions, for administration regulation, and programs for salaries, support,maintenance, andmiscellaneous purposes, and full-time equivalent posi- tions.

DIVISION II DEPARTMENT OF NATURAL RESOURCES

GENERAL APPROPRIATIONS

Sec. 5. GENERAL FUND—DEPARTMENT. There is appropriated from the general fund

___________________ 1 See chapter 179, §87 herein

730LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 175

of the state to the department of natural resources for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: 1. For purposes of supporting the department, including its divisions, for administration,

regulation, and programs; for salaries, support, maintenance, and miscellaneous purposes; and for not more than the following full-time equivalent positions:

$ 17,742,678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,168.95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The department shall submit a report each quarter of the fiscal year to the legislative ser- vices agency, the department of management, the members of the joint appropriations sub- committee on agriculture and natural resources, and the co-chairpersons and ranking mem- bers of the senate and house committees on appropriations. The report shall describe in detail the expenditure of moneys appropriated under this section to support the department’s ad- ministration, regulation, and programs.

Sec. 6. STATEFISHANDGAMEPROTECTIONFUND—DIVISIONOFFISHANDWILD- LIFE. 1. a. There is appropriated from the state fish and game protection fund to the department

of natural resources for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of supporting the division of fish and wildlife, including for administration,

regulation, and programs; and for salaries, support, maintenance, equipment, and miscella- neous purposes:

$ 38,793,154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Notwithstanding section 455A.10, the department may use the unappropriated balance

remaining in the state fish and game protection fund to provide for the funding of health and life insurance premium payments from unused sick leave balances of conservation peace offi- cers employed in a protection occupation who retire, pursuant to section 97B.49B. 2. The department shall not expend more moneys from the state fish and game protection

fund than provided in this section, unless the expenditure derives from contributionsmade by a private entity, or a grant or moneys received from the federal government, and is approved by the natural resource commission. Thedepartment of natural resources shall promptly noti- fy the legislative services agency and the chairpersons and ranking members of the joint ap- propriations subcommittee onagriculture andnatural resources concerning the commission’s approval.

Sec. 7. GROUNDWATER PROTECTION FUND—WATERQUALITY. There is appropri- ated from the groundwater protection fund created in section 455E.11 to the department of natural resources for the fiscal year beginning July 1, 2009, and ending June 30, 2010, from those moneys which are not allocated pursuant to that section, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of supporting the department’s protection of the state’s groundwater, includ-

ing for administration, regulation, and programs, and for salaries, support, maintenance, equipment, and miscellaneous purposes:

$ 3,455,832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DESIGNATED APPROPRIATIONS — MISCELLANEOUS

Sec. 8. SPECIAL SNOWMOBILE FUND — SNOWMOBILE PROGRAM. There is appro- priated from the special snowmobile fund created under section 321G.7 to the department of natural resources for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the fol- lowing amount, or so much thereof as is necessary, to be used for the purpose designated: For purposes of administering and enforcing the state snowmobile program:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

731 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 175

Sec. 9. PHARMACEUTICAL COLLECTION AND DISPOSAL PILOT PROGRAM. Of the moneys allocated under section 455E.11, subsection 2, paragraph “a”, subparagraph (1), sub- paragraph subdivision (c),2 the department of natural resources shall award up to $165,000 to the board of pharmacy to implement and administer a pharmaceutical collection and disposal pilot program. Theprogramshall provide for themanagement anddisposal of unused, excess, and expired pharmaceuticals. The board of pharmacymay cooperatewith the Iowapharmacy association in implementing and administering the program. The board may consult with the department and sanitary landfill operators in implementing and administering the program.

Sec. 10. UNASSIGNED REVENUE FUND — UNDERGROUND STORAGE TANK SEC- TION EXPENSES. There is appropriated from the unassigned revenue fund administered by the Iowa comprehensive underground storage tank fund board to the department of natural resources for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For purposes of paying for administration expenses of the department’s underground stor-

age tank section: $ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 11. STORMWATER DISCHARGE PERMIT FEES— SUPPORT FOR SPECIAL PUR- POSES. Notwithstanding any contrary provision of state law, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the department of natural resourcesmayuse additional moneys available to the department collected from storm water discharge permit fees as pro- vided in section 455B.103A or 455B.197 for the staffing of the following additional full-time equivalent positions for the purposes designated: 1. For purposes of reducing the department’s floodplain permit backlog:

FTEs 2.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. For purposes of implementing the federal total maximum daily load program:

FTEs 2.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DIVISION III IOWA STATE UNIVERSITY

Sec. 12. GENERAL FUND — VETERINARY DIAGNOSTIC LABORATORY. 1. There is appropriated from thegeneral fund of the state to Iowa state university of science

and technology for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the follow- ing amount, or so much thereof as is necessary, to be used for the purposes designated: For purposes of supporting the college of veterinarymedicine for the operation of the veteri-

nary diagnostic laboratory and for not more than the following full-time equivalent positions: $ 2,910,313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 24.36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. a. Iowa state university of science and technology shall not reduce the amount that it allo-

cates to support the college of veterinarymedicine fromany other source due to the appropria- tion made in this section. b. Paragraph “a” does not apply to a reduction made to support the college of veterinary

medicine, if the same percentage of reduction imposed on the college of veterinary medicine is also imposed on all of Iowa state university’s budget units. 3. If by the end of the fiscal year, Iowa state university of science and technology fails to allo-

cate the moneys appropriated in this section to the college of veterinary medicine in accor- dancewith this section, themoneys appropriated in this section for that fiscal year shall revert to the general fund of the state.

Sec. 13. VETERINARYDIAGNOSTICLABORATORY—FUTUREYEAR. This section ap- plies if appropriations made in this Act and all other Acts enacted by the Eighty-third General Assembly during the 2009 regular session and all extraordinary sessions, for the fiscal year

___________________ 2 According to enrolled Act; the phrase “subparagraph division (c),” probably intended

732LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 175

beginning July 1, 2009, and ending June 30, 2010, for purposes of supporting the operation of the veterinary diagnostic laboratory associatedwith the college of veterinarymedicine at Iowa state university, total less than $4,000,000. It is the intent of the general assembly that the amount of any deficit will be appropriated by the general assembly during its 2010 regular ses- sion for purposes of supporting the operation of the veterinary diagnostic laboratory for the fiscal year beginning July 1, 2010, and ending June 30, 2011.

DIVISION IV ENVIRONMENT FIRST FUND — GENERAL APPROPRIATIONS

Sec. 14. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP. There is ap- propriated from the environment first fund created in section 8.57A to the department of agri- culture and land stewardship for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) a. For the conservation reserve enhancement program to restore and constructwetlands for

the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for

costs of administration and implementation of soil and water conservation practices. 2. WATERSHED PROTECTION a. For continuation of a program that providesmultiobjective resource protections for flood

control, water quality, erosion control, and natural resource conservation: $ 2,550,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for costs of administration and implementation of soil and water conservation practices. 3. FARM MANAGEMENT DEMONSTRATION PROGRAM a. For continuation of a statewide voluntary farm management demonstration program to

demonstrate the effectiveness andadaptability of emergingpractices inagronomy that protect water resources and provide other environmental benefits:

$ 800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for

costs of administration and implementation of soil and water conservation practices. c. Of the amount appropriated in paragraph “a”, $400,000 shall be allocated to an organiza-

tion representing soybean growers to provide for an agriculture and environment perfor- mance program in order to carry out the purposes of this subsection as specified in paragraph “a”. 4. AGRICULTURE DRAINAGE WELL WATER QUALITY ASSISTANCE FUND a. For deposit in the agricultural drainagewell water quality assistance fund created in sec-

tion 460.303 to be used for purposes of supporting the agricultural drainagewell water quality assistance program as provided in section 460.304:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for

costs of administration and implementation of soil and water conservation practices. 5. SOIL AND WATER CONSERVATION PRACTICES a. For use by the soil conservation division, to provide financial assistance for the establish-

ment of permanent soil and water conservation practices: $ 7,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. Not more than 5 percent of the moneys appropriated in paragraph “a” may be allocated for cost sharing to abate complaints filed under section 161A.47. c. Of the moneys appropriated in paragraph “a”, 5 percent shall be allocated for financial

733 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 175

incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73. d. Not more than 30 percent of a soil and water conservation district’s allocation of moneys

as financial incentivesmay be provided for the purpose of establishingmanagement practices to control soil erosion on land that is row cropped, including but not limited to no-till planting, ridge-till planting, contouring, and contour strip-cropping as provided in section 161A.73. e. The state soil conservation committee created in section 161A.4may allocatemoneys ap-

propriated in paragraph “a” to conduct research and demonstration projects to promote con- servation tillage and nonpoint source pollution control practices. f. The allocation of moneys as financial incentives as provided in section 161A.73 may be

used in combination with moneys allocated by the department of natural resources. g. Not more than 15 percent of the moneys appropriated in paragraph “a” may be used for

costs of administration and implementation of soil and water conservation practices. 6. CONSERVATION RESERVE PROGRAM (CRP) a. To encourage and assist farmers in enrolling in and the implementation of the federal

conservation program and to workwith them to enhance their revegetation efforts to improve water quality and habitat:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Not more than 10 percent of the moneys appropriated in paragraph “a” may be used for

costs of administration and implementation of soil and water conservation practices. 7. LOESS HILLS DEVELOPMENT AND CONSERVATION FUND a. For deposit in the loess hills development and conservation fund created in section

161D.2: $ 600,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. (1) Of the amount appropriated in paragraph “a”, $400,000 shall be allocated to the fund’s hungry canyons account. (2) Notmore than 10 percent of themoneys allocated to the hungry canyons account as pro-

vided in subparagraph (1) may be used for administrative costs. c. (1) Of theamount appropriated inparagraph “a”, $200,000 shall beallocated to the fund’s

loess hills alliance account. (2) Not more than 10 percent of the moneys allocated to the loess hills alliance account as

provided in subparagraph (1) may be used for administrative costs. 8. SOUTHERN IOWA DEVELOPMENT AND CONSERVATION FUND a. For deposit in the southern Iowa development and conservation fund created in section

161D.12: $ 300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. Not more than 5 percent of the moneys appropriated in paragraph “a” may be used for administrative costs.

Sec. 15. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is appropriated from the environment first fund created in section 8.57A to the department of economic develop- ment for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For deposit in the brownfield redevelopment fund created in section 15.293 to provide finan-

cial and technical assistance under the brownfield redevelopment programas provided in sec- tion 15.292:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 16. DEPARTMENTOFNATURAL RESOURCES. There is appropriated from the en- vironment first fund created in section 8.57A to the department of natural resources for the fiscal yearbeginning July 1, 2009, and ending June30, 2010, the followingamounts, or somuch thereof as is necessary, to be used for the purposes designated:

734LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 175

1. KEEPERS OF THE LAND For statewide coordination of volunteer efforts under the water quality and keepers of the

land programs: $ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. STATE PARKS MAINTENANCE AND OPERATIONS For regular maintenance of state parks and staff time associated with these activities:

$ 2,470,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. GEOGRAPHIC INFORMATION SYSTEM (GIS) To provide localwatershedmanagerswith geographic information systemdata for their use

in developing, monitoring, and displaying results of their watershed work: $ 195,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. WATER QUALITY MONITORING For continuing the establishment and operation of water quality monitoring stations:

$ 2,955,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. PUBLIC WATER SUPPLY SYSTEM ACCOUNT For deposit in the public water supply system account of the water quality protection fund

created in section 455B.183A: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. REGULATION OF ANIMAL FEEDING OPERATIONS For the regulation of animal feeding operations, including as provided for in chapters 459

and 459A: $ 360,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. AMBIENT AIR QUALITY For the abatement, control, and prevention of ambient air pollution in this state, including

measures as necessary to assure attainment andmaintenance of ambient air quality standards from particulate matter:

$ 425,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. WATER QUANTITY REGULATION For regulatingwater quantity from surface and subsurface sources by providing for the allo-

cation and use ofwater resources, the protection andmanagement ofwater resources, and the preclusion of conflicts among users ofwater resources, including as provided in chapter 455B, division III, part 4:

$ 495,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. RESOURCE CONSERVATION AND DEVELOPMENT (RCD) a. For resource conservation and development associated with the development of projects

relating to natural resource-based business opportunities: $ 250,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. Local resource conservation and development groups sponsored by county governments or sponsored by soil andwater conservationdistricts shall be eligible to receivemoneys appro- priated in paragraph “a” on the condition that such groups receive themoneys on a dollar-for- dollar matching basis. c. Not more than 5 percent of the moneys appropriated in paragraph “a” may be used for

the costs of implementing and administering this subsection.

Sec. 17. REVERSION. 1. Except as provided in subsection 2, and notwithstanding section 8.33, moneys appropri-

ated for the fiscal year beginning July 1, 2009, in this division of this Act that remain unencum- bered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year beginning July 1, 2010, or until the project for which the appropriation was made is completed, whichever is earlier. 2. Notwithstanding section 8.33, moneys appropriated in this division of this Act to the de-

partment of agriculture and land stewardship to provide financial assistance for the establish- ment of permanent soil andwater conservation practices that remain unencumbered or unob- ligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2012.

735 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 175

DIVISION V ENVIRONMENT FIRST FUND — RESOURCE ENHANCEMENT

AND PROTECTION (REAP)

Sec. 18. IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND. Notwith- standing the amount of the standing appropriation from the general fund of the state to the Iowa resources enhancement and protection fund as provided in section 455A.18, there is ap- propriated from the environment first fund created in section 8.57A to the Iowa resources en- hancement and protection fund, in lieu of the appropriation made in section 455A.18, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, to be allo- cated as provided in section 455A.19:

$ 18,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DIVISION VI MEAL RECEIPTS

*Sec. 19. EXPENSE REIMBURSEMENT — REQUIREMENTS. Notwithstanding any pro- vision to the contrary, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the secretary of agriculture and the director of the department of natural resources shall require their employees, in order to receive reimbursement for expenses, to submit actual receipts for meals and other costs. The reimbursement amount shall not exceed the sum of the actual re- ceipts submitted.*

DIVISION VII CODE CHANGES

Sec. 20. Section 455B.196, subsections 1 and 2, Code 2009, are amended to read as follows: 1. A national pollutant discharge elimination system permit fund is created as a separate

fund in the state treasury under the control of the department. The fund is composed of mon- eys appropriated by the general assembly to the department for deposit into the fund andmon- eys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall includemoneys deposited into the fund from fees charged for theprocessingof applications for the issuanceofpermits related to thenation- al pollutant discharge elimination system as provided in section 455B.197. 2. Moneys in the national pollutant discharge elimination system permit fund shall be used

only as provided in appropriations made from the fund by the general assembly which may includeareappropriated to thedepartment each fiscal year for purposes relating toof adminis- tering section 455B.197 and expediting the department’s processing of national pollutant dis- charge elimination system applications and the issuance of permits, including for salaries, support, maintenance, and other costs of administering section 455B.197.

Sec. 21. NEW SECTION. 268.6 AGRICULTURE ENERGY EFFICIENCY EDUCATION PROGRAM. The university of northern Iowa shall, to the extent required in this section, establish and

administer an agriculture energy efficiency education program to assist agricultural produc- ers to increase profitability and reduce the amount of energy used in the production of agricul- tural animals and crops. 1. If established, the university shall administer the program to promote strategies ormeth-

ods that the university determines best foster themost efficient use of fuel and electricity, and which may include but are not limited to any of the following: a. Minimizing the consumption of fuel due to the idling of farm equipment. b. Increasing fuel savings, by promoting the use of efficient planting and harvest travel pat-

terns. c. Optimizing the performance of farm equipment, including by the proper ballasting of

tractors.

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* Item veto; see message at end of the Act

736LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 175

d. Designing, constructing, or remodeling agricultural buildings to be more efficient, in- cluding by using systems that incorporate natural lighting and passive solar or passive cooling materials or principles such as exposure, ventilation, and shade. 2. The university is encouraged to cooperate with agricultural and energy efficiency advo-

cates and governmental entities in administering the program, including the office of energy independence established pursuant to section 469.2. 3. The university is not required to implement this section until moneys are made available

for implementation by the federal government.

Sec. 22. Section 455B.172, subsection 11, paragraph a, as enacted by 2008 IowaActs, chap- ter 1033, section 1, is amended by adding the following new subparagraphs: NEW SUBPARAGRAPH. (7) A transfer for which consideration is five hundred dollars or

less. NEW SUBPARAGRAPH. (8) A deed between a family corporation, partnership, limited

partnership, limited liability partnership, or limited liability company as defined in section 428A.2, subsection 15, and its stockholders, partners, or members for the purpose of transfer- ring real property in an incorporation or corporate dissolution or in the organization or disso- lution of a partnership, limited partnership, limited liability partnership, or limited liability company under the laws of this state, where the deed is given for no actual consideration other than for shares or for debt securities of the family corporation, partnership, limited partner- ship, limited liability partnership, or limited liability company.

*Sec. 23. 2008 Iowa Acts, chapter 1033, section 2, is amended to read as follows: SEC. 2. EFFECTIVE DATE. This Act takes effect July 1, 2009 July 1, 2010.*

Sec. 24. FUTURE CONTINGENT REPEAL AND CODE EDITOR NOTIFICATION. Sec- tion 268.6, as enacted by this division of this Act, is repealed on July 1, 2012, if the university of northern Iowa does not implement the section and so notifies the Code editor in writing.

Sec. 25. EFFECTIVE DATE. The section of this Act amending section 455B.172, subsec- tion 1,3 paragraph “a”, as enacted by 2008 Iowa Acts, chapter 1033, section 1, takes effect July 1, 2010.

Approved May 26, 2009, with exceptions noted.

CHESTER J. CULVER, Governor

Dear Mr. Secretary:

I hereby transmit Senate File 467, anAct relating to andmaking appropriations involving state government, by providing for agriculture, natural resources, and environmental protection, and providing for effective dates. Senate File 467 is approved on this date, with the exceptions noted below, which I hereby disapprove.

I am unable to approve the item designated as Division VI of this bill in its entirety. Division VI of the bill directs employees to submit actual receipts formeals and other costs and requires that reimbursement up to the maximum amount shall only be allowed in an amount equal to the sum of the actual receipts submitted. While I agree with the general intent of this division and believe that employees should be reimbursed only for actual expenses, this language would be particularly difficult to administer because similar language has not been consistent- ly required by theLegislature for every state agency or department or for theLegislature’s own employees. Accordingly, I have issued Executive Order Thirteen4 to require the Department

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* Item veto; see message at end of the Act 3 According to enrolled Act; the phrase “subsection 11” probably intended 4 Published in IAB, Vol. XXXII, No. 5, (8/26/09), p. 596

737 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 176

of Administrative Services (DAS) to implement a policy that will require every executive de- partment of the Culver-Judge Administration to institute cost-effective and transparent prac- tices that will track reimbursements paid to state employees for meals, travel and other work- related costs.

I disapprove the item designated as Section 23 of this bill in its entirety. Section 23 delays the implementation date of the requirement to begin having septic tanks inspected at the time of property transfer from July 1, 2009 to July 1, 2010. With over 550 unsewered communities and over 100,000 leaking and/or malfunctioning septic systems in Iowa, this language is inconsis- tent with the objective of Senate File 2615 that I signed last year to protect and improve water quality and to assure home buyers that they are purchasing a property that has a functioning septic tank. Importantly, we now have funds available through the IJOBS Program that I pro- posed for helping unsewered communities, and as July 1, 2009, over 200 inspectorswill be cer- tified to inspect septic tanks.

For the above reasons, I respectfully disapprove the designated items in accordance with Ar- ticle III, Section 16 of the Constitution of the State of Iowa. All other items in Senate File 467 are hereby approved this date.

Sincerely, CHESTER J. CULVER, Governor

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CH. 176CH. 176

CHAPTER 176 APPROPRIATIONS — ECONOMIC DEVELOPMENT

S.F. 469

AN ACT relating to and making appropriations to the department of cultural affairs, the de- partment of economic development, certain board of regents institutions, the department of workforce development, and the public employment relations board, and related mat- ters.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. DEPARTMENTOFCULTURALAFFAIRS. There is appropriated from the gen- eral fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. ADMINISTRATION For salaries, support, maintenance, miscellaneous purposes, and for not more than the fol-

lowing full-time equivalent positions for the department: $ 235,632. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FTEs 82.77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The department of cultural affairs shall coordinate activities with the tourism office of the

department of economic development to promote attendance at the state historical building and at this state’s historic sites. Full-time equivalent positions authorized under this subsection shall be funded, in full or in

part, using moneys appropriated under this subsection and subsections 3 through 7.

___________________ 5 2008 Iowa Acts, chapter 1033