SF 353 – Drainage district projects: Repairs or improvements

SF 353 establishes a cost threshold for when an engineer’s report must be filed by a drainage district board. The new threshold will be the greater of $50,000 or the adjusted competitive bidding threshold, which is currently $139,000 for vertical infrastructure. Previously, an engineer’s report was necessary when a project’s cost exceeded the threshold for requiring a public hearing, which is $50,000.

Under the new law, unofficial notices may be provided to interested parties by email. It does not remove any other required notice requirements and does not require someone to receive notices by electronic means.
[2/23: 46-2 (No: Celsi, Dotzler; Absent: Nunn, Shipley)]

HF 234 – Lifetime trout fishing stamp for people over 65

HF 234 directs the Iowa Department of Natural Resources (DNR) to establish a lifetime trout fishing stamp for people over 65. Iowans over 65 are already eligible to purchase a lifetime fishing license. A trout stamp is required to fish trout. Under the bill, those with a lifetime fishing license also may get a lifetime trout stamp, instead of purchasing the stamp each year.
[5/17: 45-0 (Absent: Goodwin, Johnson, Nunn, Schultz, Williams)]

HF 552– Use of dogs to track wounded deer

HF 552 makes a number of changes to legislation passed in 2020. That legislation allowed the use of leashed dogs to track a wounded animal. That legislation required training for the person and the dog being used to track deer. However, there is not an established training program for a person that would satisfy this requirement. HF 552 removes that requirement and clarifies that a dog handler may accompany a hunter to track the deer without having a hunting license of their own.
[3/29: 45-0 (Absent: Driscoll, Hogg, Kraayenbrink, Nunn, Sweeney)]

HF 560– Requirements for waste tire collectors and processors

HF 560 would increase the required surety bond for waste tire haulers from $10,000 to $150,000. It also increases the financial assurance instrument requirement for waste tire collectors and processors from the equivalent of 85 cents per tire to $2.50 per tire on the site.
[3/10: 48-0 (Absent: Hogg, Nunn)] 

HF 747 – Game preserve season extension for extreme weather

HF 747 would allow a game preserve to apply to the Iowa Department of Natural Resources (DNR) for a time extension for operating and providing hunting opportunities. The DNR may grant a variance to the operator to extend the season beyond March 31 if the precipitation for the month of January, February or March is above average for the county in which the preserve is located. Approval of the variance is at DNR’s discretion. The season may not be extended beyond April 15, which is meant to provide safety to game birds during the prime nesting season.
[4/7: 44-0 (Absent: Brown, Carlin, Dawson, Hogg, Nunn, Schultz)]

SF 280 – Armed forces residency for hunting, fishing, trapping

SF 280 allows active-duty members of the armed services stationed and domiciled at the Rock Island Arsenal to qualify as Iowa residents for hunting, fishing and trapping privileges. Their spouses and dependents also qualify. This change would mirror legislation enacted in 2019 that allowed these service members to qualify as Iowa residents to register their dependent children in Iowa school districts.
[6/5: 50-0)]

HF 599 – Allowing non-resident youth to hunt without a license

HF 599 would allow non-resident youth to hunt without purchasing a non-resident hunting license if they are accompanied by a licensed adult. Previously, the non-resident would need to purchase a non-resident hunting license to hunt with a licensed hunter. The bill is aimed to allow visiting non-resident youth to hunt with resident relatives when visiting the state. The bill is not restricted to that specific situation, however.

An amendment clarifies that a nonresident youth would need to purchase a nonresident deer or wild turkey license if they were to hunt those animals.
[6/13: 38-11 (No: Bolkcom, Boulton, Celsi, Dotzler, Giddens, Mathis, Petersen, Quirmbach, J. Smith, R. Taylor, T. Taylor, Absent: Hogg]  

HF 716 – Firearms requirements for hunting deer

HF 716 makes changes to existing law regarding restrictions on allowed firearms used when hunting deer. Previously, the Natural Resources Commission (NRC) had a number of rules to limit the firearms and ammunition used when hunting deer with pistols. Shoulder stocks and long-barrel modifications were prohibited when hunting with a pistol, and only center-fire, straight-wall ammunition was allowed.

The bill eliminates those restrictions. Instead, handgun regulations would mirror federal regulations, meaning more types of firearms and attachments would be allowed. The bill would also restrict the NRC from adopting regulations on ammunition outside of stated limits on the size of the projectile. This would allow “necked down” cartridges that are not currently allowed under law.

The bill also removes the prohibition on using a pistol for deer hunting by someone under 16. A person under 20 can now hunt deer using a pistol as long as they are accompanied by a responsible person with a hunting license who is at least 21.

Firearms advocates are in favor of this legislation because they believe the previous law and rules unnecessarily restricted firearms and ammunition for hunting deer. Federal regulations were inconsistent with those state regulations, which were designed to encourage safe and ethical hunting behavior.
[6/10: 37-13 (No: Bolkcom, Celsi, Giddens, Hogg, Jochum, Mathis, Petersen, Quirmbach, Rozenboom, Schneider, J. Smith, Wahls)]

HF 2410 – Crossbow deer tags for seniors

HF 2410 would lower the eligible age for a special senior statewide antlerless-only crossbow deer hunting license from 70 to 65.
[6/13: 49-0 (Absent: Hogg)]

HF 2455 – Tracking wounded deer using a dog

HF 2455 would allow a licensed deer hunter to use a leashed dog to track and retrieve a wounded deer. The dog must remain under physical control of the hunter with a maximum leash length of 50 feet. The dog must be trained in deer-blood tracking.

The use of dogs while hunting deer was previously prohibited because the state did not allow the use of dogs to chase or harass deer.
[6/10: 48-1 (No: Celsi; Absent: Bisignano)]

HF 2475 – Review of sewer and water distribution line extension by DNR

HF 2475 would allow the permitting of sewer or water distribution system line extensions for local utilities when the utility retains a qualified licensed engineer who reviews the plans to ensure that they meet standards adopted by law. Legislation passed in 2019 allows this process for utilities that employ a qualified licensed engineer. This bill will address utilities that retain engineers for these services.
[3/11: 46-0 (Absent: Breitbach, Brown, Feenstra, Hogg)]

SF 86 – Anatomical donor info for DNR licenses and education

SF 282 – Repeal of Honey Creek Premier Destination Park bond program

SF 409– Administrative procedures by DNR

SF 548 – Prohibits revolving loan funds to acquire land

HF 325 – Legal weapons for non-ambulatory hunters

HF 604 – DNR contracts with out-of-state companies removing rough fish

 

SF 86 – Anatomical donor info for DNR licenses and education

SF 86 would establish hunting, fishing and trapping licenses issued by the Department of Natural Resources (DNR) as accepted records for a person to record their registration as an organ donor under the anatomical gift law. The bill makes a number of conforming changes to the anatomical gift law to add these documents as accepted records, including:

• Allowing a minor who is at least 14 to register their anatomical gift on a hunting, fishing or fur harvester license, with the signed approval of a parent or guardian;
• Authorizing a symbol to be placed on the license indicating the anatomical gift;
• Providing that the revocation of the hunting, fishing or fur harvester license does not invalidate the gift on the Iowa donor registry;
• Including the DNR as a resource for hospitals and organ procurement agencies to determine if an individual has made an anatomical gift.

DNR must include a section on applications for hunting, fishing or fur harvester licenses for the applicant to request placement of the anatomical gift symbol. The DNR will also include information on becoming an organ donor as part of its hunter education and safety certificate program.

The legislation is known as “Logan’s Law” in memory of Logan Luft, who died as a result of an all-terrain vehicle accident. His family was able to donate his organs and tissue. Logan was made aware of the organ donation option when he applied for a motor vehicle operator’s permit. His family advocated for expanding anatomical gift donor information and education to memorialize Logan’s life and broaden the reach of organ and tissue donation programs.
[4/24: 50-0]

 

SF 282 – Repeal of Honey Creek Premier Destination Park bond program

SF 282 repeals Code language regarding the Honey Creek Premier Destination Park bond program. The bond program was established to finance construction and development of the Honey Creek Destination Resort State Park. The Legislature appropriated money for defeasement of the bonds in 2013, and the bonds were redeemed on June 1, 2016. By function of the Code language establishing the bond authority, the authority was dissolved two years after the redemption of the bonds on June 1, 2018.

The bill makes a technical change to preserve existing Code language regarding competitive bidding requirements for the resort. The Code language that established the bond authority included an exemption for purchases related to operation of the resort, but not to development or construction of facilities at the resort. Because the park remains in operation (even though the bond authority has been dissolved), the competitive bidding language will be maintained in a new Code section.
[3/11: 46-0 (Absent: Edler, J. Smith, Zaun; Vacant: Danielson)]

 

SF 409– Administrative procedures by DNR

SF 409 is a Department of Natural Resources (DNR) proposal that makes a number of changes to administrative procedures. Changes include:

• Standardizing administrative appeal procedures. Existing laws provide 30 days to appeal or do not establish a timeframe. Additionally, the start of an appeal period is variously defined or not defined. The proposed revisions establish a consistent period of 60 days from when DNR mails the order.
• Clarifying that a rural water utility can construct extensions of sewer or water supply systems under existing permitting authority in certain circumstances.
• Allowing for waiver of certain requirements for written permits. Under the bill, the Environmental Protection Commission (EPC) may allow exemptions for a class of disposal systems or the DNR director may allow exemptions for individual systems.
• Exempting DNR from having to publish notices for public water supply permits in a local newspaper, although public notice is still required.
• Directing DNR to send information on an administrative order to the attorney representing the party in the matter.
  [4/23: 50-0]

 

SF 548 – Prohibits revolving loan funds to acquire land

SF 548 prohibits the use of non-point source water pollution control projects that receive funding through the state’s revolving loan fund to be used to acquire property for future donation or sale to the state, a political subdivision or the federal government. It also prohibits the state or political subdivisions from acquiring land that was purchased using assistance from the state’s revolving loan fund. The bill exempts land purchases to accommodate edge of field practices.

Non-point source water quality projects can include:

• Restoration of wildlife habitat
• Stream bank stabilization
• Wetland flood prevention areas
• Detention basins
• Grassed waterways
• Ponds or wetland systems
• Soil quality restoration
• Other practices that are shown to improve or protect water quality

Placing restrictions on projects that use state revolving loan fund assistance addresses concerns that these types of purchases make it more expensive or more difficult for famers to acquire farmland. Farmers wishing to buy the land get loans through a financial institution at rates higher than those offered under the state’s revolving loan fund. However, the private entities that use the revolving loan fund generally work with willing landowners to acquire the property and often want restrictions on the future development of the land.
[4/23: 33-17 (Yes: Republicans, Kinney)]

 

HF 325 – Legal weapons for non-ambulatory hunters

HF 325 would allow a non-ambulatory hunter who was issued a deer license for one hunting season to use an unfilled deer license in a following season using the approved method of take for that season. Currently, the individual is limited to being issued a license for use during shotgun or muzzle loading rifle seasons only.
[4/15: 50-0]

 

HF 604 – DNR contracts with out-of-state companies removing rough fish

HF 604 restricts DNR from awarding contracts to commercial operators for the removal of rough, undesirable or injurious fish from inland waterways. The bill prohibits DNR from awarding contracts to entities from states that do not allow Iowa companies to apply for these types of contracts. This bill is meant to address a situation that has arisen when other states eliminate contracts for the harvesting of rough fish. Companies from those states come to Iowa and underbid Iowa companies on contracts. The bill allows DNR to restrict commercial harvester licenses to entities from states that also allow the commercial harvesting of rough fish.

Laborers hired by contractors or subcontractors may work without a license. This will allow companies applying for licenses and contracts to employ individuals from other states.
[4/24: 49-1 (No: R. Taylor)]

 

All bills passed by the Legislature and sent to the Governor for her signature during the 2018 session. 

SF 512 – Water-quality funding for watershed improvement and infrastructure
HF 2303 – Updates to various programs administered by DNR
HF 2365– DNR conservation and recreation policies
HF 2440 – Water-quality clean-up bill
HF 2464 – Fees allowed under Land Recycling Program administered by DNR

 

SF 512 is based on a Branstad proposal to provide additional water quality funding. It was favored by Farm Bureau, Corn Growers, Pork Producers and other predominantly agricultural groups. Agriculture Secretary Bill Northey also advocated for this legislation, seeing it as the proposal most likely to become law. Key elements of the bill include:

Water Service Excise tax and Water Quality Financial Assistance Fund – The Water Quality Financial Assistance Fund (WQFAF) will receive money from a water service excise tax, which replaces Iowa’s sales tax on water service that is deposited into the state’s general fund. The excise tax is 6 percent. Transfers to the WQFAF are being phased-in over three years, with half of the money going to water-quality assistance and the remainder staying in the general fund. The excise tax will be repealed on January 1, 2030. It is projected to generate approximately $130 million for the WQFAF.

Funding from the RIIF for water quality infrastructure – $15 million will come from the Rebuild Iowa’s Infrastructure Fund beginning in FY21. This money is currently being used to repay Vision Iowa bonds. It will be deposited into the Water Quality Infrastructure Fund (WQIF) to provide financial assistance for landowners to install in-field and edge-of-field structures through the Water Quality Infrastructure Program (WQIP). Diversion of RIIF funds will end July 1, 2029, or the date the sales tax is increased (thus triggering funding of the natural resources trust fund), whichever comes first. If the sales tax doesn’t increase before the sunset, RIIF will generate $135 million for projects.

Issues not included in the bill

• No timeline for achieving the goals outlined in the Nutrient Reduction Strategy.
• No monitoring requirements or benchmarks for projects that receive funding.
• No requirement that projects be part of a qualified watershed improvement plan, which would include watershed assessments, timelines for implementation, prioritizing projects and measuring progress to meet goals.
• No targeted funding to address issues within a watershed. Governor Reynolds highlighted this “watershed approach” at her weekly news conference May 29. Iowa Agriculture Secretary Naig and Sean McMahon of the Iowa Agriculture Water Alliance joined her to highlight the importance of this approach: “The watershed approach enables farmers and other stakeholders to target the best conservation practices where they will be most effective,” McMahon said. “This helps us make the best use of taxpayer dollars while meeting local needs and improving water quality in accordance with the goals of the Iowa Nutrient Reduction Strategy.”
• No assessment strategies or best management practices to ensure funded projects and water quality efforts adhere to proven successful approaches.

 

HF 2303 updates programs administered by the Department of Natural Resources (DNR), including:

• Transferring the duties for the state’s Geological Survey program to the University of Iowa. The university has operated the program through its center for Hydroscience and Engineering under contract for the last few years. This aligns the duties of the Geological Survey with the areas of expertise within the center.
• Removing a “random inspection” requirement for DNR oversight of delegated permitting programs for sanitary sewer and water supply systems. DNR reviews every permit issued by the delegated authority, making random inspections unnecessary. The requirement was noted in the state auditor’s review of DNR programs.
• Clarifying DNR’s enforcement authority over recycling businesses to ensure they’re engaged in legitimate recycling and not causing environmental contamination by stockpiling solid waste at an unapproved site.
• Aligning reporting requirements for the Environmental Protection Commission (EPC) with those for DNR. DNR reports have been required on a biennial basis, while the EPC has reported annually.
• Removing references to the redemption center grant program, which received a one-time appropriation in 2009. If the program were to receive funding in the future, the associated rules must be updated to account for changes since 2009.
• Clarifying that the new requirements on recycling facilities did not apply to scrap metal dealers.

 

HF 2365 clarifies that Iowa Department of Natural Resources can enter into agreements by giving the department explicit authority to do so, instead of implied authority. The bill also dissolves the Mississippi River Partnership Council and the Brushy Creek Recreation Trails Advisory Board. The Mississippi River Partnership Council had not met since 2010, and the council’s functions can be handled by other entities. The Brushy Creek Trails Board had not been active and there was a shortage of interest in membership.

 

HF 2440 addresses problems with SF 512 (the water-quality bill). The House made changes to SF 512 through separate legislation rather the original bill. This allowed SF 512 to more quickly reach the Governor for her signature.

Highlights of HF 2440 include:

• Providing access to funding for a portion of the costs associated with monitoring discharge to industries required to reduce nutrient discharge from their wastewater treatment facilities.
• Removing a provision that required drainage districts to use money from the Water Quality Infrastructure Fund to install edge-of-field infrastructure to improve water quality. The language could be construed as a mandate to install edge-of-field structures. That was not intended, since the bill deals with voluntary measures to improve water quality.
• Ensuring consistency for references to the Iowa Nutrient Research Strategy. SF 512 created a code section with a definition of the Iowa Nutrient Reduction Strategy, but that definition was not used consistently in the bill.
• Allowing rural improvement zones to be among the government entities that are members of a watershed management authority.
• Giving priority funding to projects that improve surface water that are on the impaired waters list and are used for drinking water.
• Authorizing an additional two years to use money appropriated in 2015 for a data-collection project administered by Iowa State University. The funds can be used for education and outreach on in-field agricultural practices to encourage adoption of the practices.
• Updating dates in the bill to reflect that the bill passed the Legislature in 2018, instead of 2017.

 

HF 2464 increases fees the Department of Natural Resources (DNR) can collect under the Land Recycling Program (LRP) from up to $7,500 to up to $25,000. Site developers who voluntarily enroll in the LRP pay the fees. The increase will allow DNR to recoup more of the costs they incur from the program. Almost half of the sites issued certificates through the LRP program exceed the existing fee cap, so approximately $30,000 per year must be covered by the DNR’s Hazardous Waste Remedial Fund. Very few projects would exceed the new fee cap level.

The Land Recycling Program allows site developers to receive the state “signoff” when they complete a site cleanup. Upon DNR review and verification, the developer is issued a “No Further Action” certificate, which helps them prove that known environmental contamination has been addressed. This adds value to the site for future development opportunities. Fees collected by the DNR in association with site development are limited to actual costs incurred for services rendered, and are a small part of the overall costs of environmental cleanup. This increase is unlikely to impact a company’s decision to participate in the program.

The following bills were passed by the Legislature and signed into law by the Governor.

SF 257 – Issuing permits for bass fishing events
SF 472 – Operation of snowmobiles on public land
HF 202 – DNR Code cleanup: Solid waste management systems program, beautification grants
HF 254 – Tagging requirements for deer carcasses
HF 475 – Use of a straight wall cartridge rifle for the hunting of deer
HF 511 – Administration of state forest nursery

SF 257 establishes Department of Natural Resources guidelines for bass fishing tournaments and permitting for the events. The minimum number of vessels for an event is six on public waters other than the Mississippi River. For Mississippi River events, the minimum number of vessels is 20, and there must be at least 40 participants. The Natural Resource Commission will adopt rules, including:

• Establishing permit requirements for the event, including the weigh-in, handling and release of live bass.
• Measuring and releasing bass from the vessel.
• Number of bass allowed to be kept, and number of bass being kept alive during the tournament.
• Cleaning of vessels after the event to prevent the spread of invasive aquatic species.
  [3/1: 50-0]

 

SF 472 makes changes to the operation of snowmobiles on highways and roadways. Previously, the portion of highways and roadways between a fence line and the traveled area of the road were considered public right of way that could be used by snowmobiles. On some secondary roads, the property line extends to the center of the road, meaning the area between the fence line and the traveled portion of the road is not a public right of way. The bill clarifies that snowmobiles may operate on all areas between a fence line and the traveled portion of the road.

The Department of Natural Resources (DNR) must transfer at least 70 percent of the fees collected in the snowmobile trust fund to local groups for their activities and trail development. Previously, DNR sent at least 50 percent of the fees to local groups. The bill also allows DNR to donate trail grooming equipment to local organizations after it has reached the end of its useful life for the department.
[3/13: 49-0 (Bertrand absent)]

 

HF 202 updates responsibilities at the Iowa Department of Natural Resources. It removes language regarding funding for beautification grants since the program is now housed within the Economic Development Authority. It also makes changes to the Solid Waste Environmental Management Systems, including eliminating the associated advisory council and updating terminology to reflect current operations.
[4/3: 49-0 (Bertrand absent)]

 

HF 254 allows a harvested deer to be removed from an obstruction, entanglement or other area prior to attaching the required tag if the situation presents a safety hazard to the hunter or another person. This provision does not allow the hunter to remove the harvested deer from the immediate area or to transport the deer before attaching the required tag.
[4/6: 49-0 (Bertrand absent)]

 

HF 475 allows the use of a straight wall cartridge rifle to hunt deer. Straight wall cartridge rifles would only use ammunition currently allowed for handguns that are approved for hunting deer, which must be .357 in caliber or larger and have a straight wall cartridge. Straight wall cartridge rifles have the same range as a deer slug shot, but with less recoil. These weapons are also considered to be more accurate than handguns. They cannot be used during archery season, but may be used by those with a permit for the designated youth and disabled season, as well as the first and second shotgun seasons. This does not allow use of high-powered rifles, which have a much greater range.
[4/3: 49-0 (Bertrand absent)]

 

HF 511 allows the Department of Natural Resources to establish minimum ordering quantities and pricing for plant material sold by the State Forest Nursery. The director must conduct an annual review of market conditions, revenues and expenditures prior to changing prices and ordering quantities. The nursery may sell bare-root stock to private nurseries for resale. These changes are necessary because the nursery operates under a number of constraints regarding the products it may sell and type of sales it may make. Its products are mostly used as a forest management and planning tool, or for conservation efforts by private landowners. In addition, the State Forest Nursery must be financially self-sustaining, should not be supplemented by state funding and cannot operate at a profit.
[4/6: 49-0 (Bertrand absent)]