Legislative Scorecard

2016

Iowa Chapter

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Table of Contents

2013 Legislation ....................................................................... Page 3

2013 Funding bills .................................................................... Page 4

2014 Legislation ....................................................................... Page 5

2014 Funding bills .................................................................. Page 10

2015 Legislation ..................................................................... Page 14

2015 Funding bills .................................................................. Page 15

2016 Legislation ..................................................................... Page 21

2016 Funding Bills .................................................................. Page 24

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2013 Session of the 85th General Assembly

2013 Bills Used for Scoring

SF317 – Adds disbursement of oriental bittersweet plants and seeds to invasive species list. Imposes fine of no more than $100. (Supported) Unanimously

passed both chambers with Sen. Courtney and Reps. Anderson and Brandenburg not voting. Vote is not included in scorecard. Passed 2013.

SF390 – Requires title abstracts to property with private sewage disposal systems to reflect inspection documentation; retroactive

to 2009. (Supported) Unanimously passed both chambers with Sen. Chelgren and Sinclair and Reps. Anderson, Oldson and Wood

not voting. Vote is not included in scorecard. Passed 2013.

HF312 – Requires applicators of CAFO manure to be certified; requires educational instruction and annual continuing education.

(Supported) However, amendment H1071 removed a $250,000 appropriation. Passed 2013.

HF512 -- Amends Animal Agriculture Compliance Act by changing formulae for requiring an MMP and compliance fee to actual

animal units rather than capacity. (Opposed) Passed 2013.

HF522 -- 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 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. (Supported) Passed 2013.

HF541 – Requires certain standards for reconstruction a dam damaged by a natural disaster including person reconstructing only

required to possess flooding easements or ownership 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. (Opposed) Passed 2013.

HF586 – 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. (Opposed) Unanimously passed both chambers. Vote is not included in scorecard. Passed 2013.

SF317 – Adds disbursement of oriental bittersweet plants and seeds to invasive species list. Imposes fine of no more than $100. (Supported) Unanimously

passed both chambers with Sens. Courtney and Greiner and Reps. Anderson and Brandenburg not voting. Vote is not included in scorecard. Passed 2013.

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SF390 – Requires title abstracts to property with private sewage disposal systems to reflect inspection documentation; retroactive to 2009. (Supported)

Unanimously passed both chambers with Sen. Chelgren and Sinclair and Reps. Anderson, Oldson and Wood not voting. Vote is not included in scorecard.

Passed 2013.

2013 Funding Bills*

IDALS/DNR Appropriations

SF435 – The Conference Committee Report funded REAP at $16 million. Appropriated funding for at least 7 additional CAFO inspectors. Funded $2.4 million

from general fund to IDALS for WQ initiative for FY2013-14 and $4.4 million for FY2014-14 for nutrient reduction. Added 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. Provided DNR $6.36 million for state park maintenance

and operations in FY2013-14 and $3.18 million for FY2014-15. Repealed HF312, manure management

certification/education. Removed House amended section prohibiting use of any state dollars for condemnation of land

for lakes. Passed 2013.

H1297 – an amendment to SF435 – replaced SF435 with the House Appropriations budget. Differences from SF435 include:

cut Forestry Health/Management in half ($100k); increase soil and water conservation by $650k; cut watershed protection

by $100k; increase ag drainage well WQ assistance $1 million; increase Loess Hills Development and Conservation fund by $50k; cut AFO regulation $800k;

appropriate $12 million for REAP; cuts $300k from floodplain management and dam safety. The House passed it by party vote. The Senate did not vote on this

amendment.

Senate amendment S3184 replaced the House appropriations amendment. S3184 fully funded REAP at $20 million. The Senate passed its amendment along

party lines with Sen. Johnson not voting.

The Chapter supported funding for additional animal feeding operations inspectors and full funding for REAP aware that it was an unreasonable expectation.

The Chapter did support the final bill that funded REAP at $16 million; therefore, the “right” vote was the Chapter’s position.

HF638 – Rebuild Iowa Infrastructure Fund (RIIF)

The 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. Passed 2013.

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SF452 – Standings

Included 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. Added

HF613, section 2 related to military veteran education assistance. Added HF 417 section 26 related to drug prescriptions. Added SF357, section 7, amended,

related to service of notice. Added HF417, section 63, amended, related to state archaeologist entering into agreements and cooperative efforts with federal

highway administrators and other US departments. Added HF415, section 55 related to income withholding orders. Added SF340, Section 4 on railroad rules.

Added HF417, section 97 on veterans’ property taxes.

Also added HF541, subsection 31, paragraphs a and b for dam reconstruction, pool elevation, easements. Added HF469, section 43, amended, referring to

shareholders. Added HF469 section53, amended, referring to applicable and appraisal rights for shareholders. Added SF189, section 6, amended, related to

insurers. Added SF183, section 8, amended, referring to state credit unions. Added HF556, section 167, amended, referring to registering a business as a foreign

corporation. Added HF417, section 174, amended, related to banking/financial organizations. Added HF556, section 234, amended, referring to structures

owned or leased by public utilities. Added HF556, section 206, amended, referring to curio or relic firearms. Repeals HF417, section 34 and HF556, section 27.

Repealed HF469, sections 83 and 84. Added appropriations to state judicial, fire and police retirement funds.

Amended Code language related to public buildings/grounds, etc., and principal amount of bonds (replaces cost). Also added 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. Repealed SF181 related to practice by business

entities. Amended language related to mobile home parks and recreational park trailers. Added language about preschool instruction. Restricted financial

literacy fund from using any money for administration. Added section on mental health/disability services. Added section on newborn critical congenital heart

disease screening. Amended section on individual development account program by restricting eligibility to or less than 100 percent of federal poverty level

(was 200%) and removed language that 85 percent of amount appropriated will be used for state match payments and restricted any funds from being used

for administrative costs.

HF304, Section 51 on flood mitigation established a board consisting of a 9- member voting and 4- ex officio nonvoting members. Due to the secondary nature

of the mitigation board establishment compared to the overall bill, the vote is not included in this scorecard. Passed 2013.

2014 Session of the 85th General Assembly

The 2014 session of the 85th General Assembly came to a close on Friday, May 2. Legislators missed their deadline by almost two weeks, but they managed

accomplish quite a bit in those 10 days. Considering the distractions that emerged during the session, it’s amazing legislators finished when they did. Legislators’

attention was diverted to “secret settlements,” confidentiality agreements, a “do-not-hire” list, sexual harassment by a department leader and an unconfirmed

assertion by Gov. Terry Branstad that there are “many” state employees who are child and elder abusers.

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Even with all of the distractions, the 2014 session proved positive for hunters, solar energy and the Iowa Department of Agriculture and Land Stewardship

(IDALS) water quality initiatives. Only one of the Iowa Chapter priorities received legislative support – REAP.

Chapter priorities that received little or no attention include increasing the renewable energy standard to 40 percent, adopting a Move to Amend constitution

resolution, transparency for all campaign contributions, appropriating funds for passenger rail funding, a feed-in tariff and a burn ban.

On the other hand, none of the issues the Chapter opposed saw light of day. Those issues include any efforts to abandon renewable energy standard for wind,

voter suppression legislation, removal of local control for frac sand mining, returning passenger rail funding to the federal government and increased taxes and

fees for electric cars.

Young hunters who are issued a youth spring wild turkey hunting license and do not take a wild turkey during season may use the license and unused tag during

any other wild turkey hunting season established by the Natural Resources Commission (NRC). Legislation also directs the NRC to adopt rules allowing the

hunting of deer by crossbow during the same times as muzzle loading rifle or muzzle loading pistol.

Resource Enhancement and Protection (REAP) was a big winner with the 2014 legislature, due in part to the amount of grassroots pressure legislators received.

REAP will receive $16 million from the Environment First fund. An allocation of $4 million passed in the Rebuild Iowa Infrastructure Fund (RIIF) bill. A one-time

spending/debt reduction bill provides for an additional $5 million.

The Department of Natural Resources (DNR) received an overall appropriation of just under $12.9 million while the Iowa Department of Agriculture and Land

Stewardship (IDALS) received more than $17.6 million. The departments’ allocations came from the general fund for

administration, regulation and programs, salaries, support, maintenance and miscellaneous purposes.

The RIFF bill allocated $9.6 million for implementation of lake projects with established watershed improvement

initiatives and community support as part of the DNR’s annual lake restoration plan, and includes in that amount funding

as follows:

• $1 million for an existing watershed restoration project for a lake in a county with a population between 16,500

and 16,750;

• $2 million for administration of a water trails and low head dam public hazard statewide plan ($300,000 to

develop a river restoration program and $700,000 to provide cost-share opportunities to initiate and complete river restoration projects);

• $2 million for a new state park in a county with a population between 11,500 and 11,600;

• $2 million for project funding of the Iowa Parks Foundation to support the centennial celebration of state parks.

Other DNR appropriations from the Agriculture, Natural Resources and Environmental Protection Appropriations bill included

• $41.2 million for the State Fish & Game Protection Fund for Regulation and Advancement of Outdoor Activities.

• $3.5 million for groundwater protection

• $2 million for floodplain management and dam safety

• $1.3 million for animal feeding operations

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IDALS received $4.4 million from the general fund to operate its water quality initiative. Original language in the House bill required the funds be used to

support reducing nutrients; however, the language was changed to supporting “projects” in subwatersheds as designated by the Water Resources Coordinating

Council as of high priority. The projects are to utilize water quality practices as described in the latest revision of the Iowa Nutrient Reduction Strategy initially

presented in November 2012 by IDALS, DNR and Iowa State University.

A new section added in the Appropriations bill expanded on confidentiality of information collected by the Iowa Nutrient Research Center and became effective

with the Governor’s signature. All of the following must apply:

• The information is received, collected or held by a nonprofit organization that conducts nutrient management research, including but not limited to

evaluations, assessments or validations;

• The information identifies a person currently or previously involved in managing the agricultural land or production crops or livestock on the agricultural

land;

• The identifiable location of the agricultural land.

The bill reduced to $1.325 million the allocation for the Iowa Nutrient Research Center. The House originally requested $1.5 million in its amendment; however,

the Governor recommended a mere $750,000.

Forestry and health management received $450,000, up from the Governor’s recommendation of $100,000. Another $50,000 was allocated from the

Environment First fund. The original House version allocated $300,000 from the REAP – Open Spaces account; however, the conference committee removed

that section in its report.

HF2348 also allocated $6.75 million to soil and water conservation for the administration, conservation of soil and support of soil and water conservation

district commissioners.

The Loess Hills Development & Conservation Fund received $600,000 with $450,000 to the Hungry Canyons account and $150,000 to the Loess Hills Alliance.

An allocation of $550,000 for agricultural drainage well water quality assistance and

$200,000 for Silos and Smokestacks national heritage area were completely cut in the

conference committee report. However, they show back up in the one-time spending/debt

reduction bill (Standings).

Maintenance and operations of state parks received a $6.14 million allocation from the

Environment First fund. The number was up from $4.61 million included in the House bill. A

section of the original House bill would have diverted $1 million from the REAP – Open

Spaces account to parks maintenance and operations. The conference committee removed

that section from the bill.

Another new section resulting from the conference committee report exempted lake and

water quality districts when devoted to public use and not held for profit organized under Lake Wapello. Photo courtesy DNR

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Chapter 357E of the Iowa Code from paying property taxes. Think Lake Delhi. Rep. Lee Hein (R-Jones) introduced a bill (HF2340) almost identical to this section

that never went anywhere in the House.

The Rebuild Iowa Infrastructure Fund (RIIF) bill allocated to the Department of Transportation $10.3 million for acquiring, constructing and improving

recreational trails within the state. The funding included:

• $3,000,000 for improving and connecting urban trails in eastern Iowa counties with a combined population of more than 500,000 to a national trail;

• $2,000,000 for infrastructure improvements and enhancements to a river corridor area in a city with a population between 126,000 and 127,000 for a

greenway and trail connectivity project;

• $1,800,000 to a county with a population between 44,150 and 44,500 for improvements to recreational trails;

• $800,000 to a city with a population between 2,191 and 2,200 for improvements to recreational trails;

• $180,000 to a county with a population between 36,000 and 37,000 for improvements to recreational trails.

The annual Standings bill also provided appropriations and policy for the environment. Although the study bill that ultimately evolved into the House File was

introduced April 9, the real wrangling began during the final day of the session.

In the end, the last version standing included, among other things:

• A $1.4 million allocation to DNR's air quality program. The funding was appropriated from the household hazardous waste account of the groundwater

protection fund. The DNR was directed to convene a stakeholder group for purposes of studying the funding of air quality programs administered by

the department. By December 1, 2014, the department was to submit a written report to the General Assembly regarding the findings and

recommendations of the stakeholder group.

• Taxes for a solar energy system were reduced with a tax credit equal to 60 percent of the federal energy credit, not to exceed $20,000. Sixty percent

of the federal residential energy efficient property credit related to solar energy was not to exceed $20,000 as enacted by SF2340. And, taxes were

reduced by a solar energy system tax credit equal to 60 percent as enacted by HF2438 of the federal energy credit related to solar energy systems.

• Required resident snowmobile owners to register all snowmobiles before using the machine on public land, public ice or a designated snowmobile trail.

The machines are not to be allowed to operate by anyone without the registration. Owners must also obtain a user permit. The bill also required

nonresident snowmobilers to obtain a user permit and current registration decal in order to operate a snowmobile on public land, public ice or a

designated snowmobile trail. Prohibited anyone under the age of 16 to operate a snowmobile on public land, ice or a designated trail unless supervised

by someone at least 18 years old. Also, anyone 12-17 will not be permitted to operate a snowmobile on public land, ice or trail or land purchased with

snowmobile registration funds without obtaining an education certificate unless the person is accompanied by a person at least 18 years old and has a

valid driver’s license.

• The bill prohibited the General Assembly and the judicial branches from entering into personnel settlement agreements with state employees that

contain confidentiality provisions.

• Language correcting errors in the Iowa Code and/or legislation passed this session.

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At the last minute, legislators approved a One-Time Spending and Debt Reduction bill. Introduced on April 30, a new section of the Iowa Code directs the

departments of Education and Public Health to develop rules for administering a short-term (2-90 days) radon testing program in schools. No appropriation

was included in the bill. The bill provides the following appropriations:

REAP:

• $5 million in addition to moneys appropriated in House File 2458 and Senate File 2349, there is appropriated from the general fund of the state to the

Iowa REAP fund for the fiscal year 2013- 2014.

IDALS:

• $1.24 million for agricultural drainage well water quality assistance;

• $3.5 million for water quality initiative fund special projects;

• $1.5 million for watershed improvement fund;

• $5 million for soil/water conservation administration;

• $200,000 for Silos and Smokestacks, a national heritage area to provide continued agricultural related education and preservation.

2014 Bills Used for Scoring

SF366 – Requires radon testing and mitigation in schools. House amendment H8114 removes all

language in bill and replaces it with radon testing in schools. (Supported) Passed 2014.

SF2198 – Authorizes Natural Resources Commission to issue paddlefish fishing licenses for use on the

Missouri and Big Sioux rivers pursuant to the commission’s powers to maintain biological balance.

(Supported) Passed 2014.

SF2212 – Adds yard waste to land disposal resulting from a severe storm originating in an area

declared a disaster area and when the waste is collected from removing emerald ash borer infested

trees. (Supported) Passed 2014.

HF2067 – A person issued a youth spring wild turkey hunting license and does not take a wild turkey during the youth spring wild turkey hunting season may

use the license and unused tag during any other wild turkey hunting season established by the NRC. (Opposed) Passed 2014.

HF2385 -- Requires that the preamble to proposed rulemaking specifically cite the statute being implemented, and that agencies accept written material in an

electronic format, and allow persons to make oral presentations on rules through the Iowa communications network or other electronic means. Prohibits

agencies from implementing a federal statute, regulation, or policy in a manner that exceeds the specific requirements of the federal statute, regulation, or

policy, unless explicitly authorized by state law. Died in Senate. (Opposed) Passed 2014.

Paddlefish. Photo courtesy USFWS

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2014 Funding Bills*

HF2458 – IDALS/DNR Appropriations

Resource Enhancement and Protection (REAP) was the biggest environmental winner of the session having received $16 million from the Environment First

fund. Passed 2014.

The Department of Natural Resources (DNR) received an overall appropriation of just under $12.9 million while the Iowa Department of Agriculture and Land

Stewardship (IDALS) received more than $17.6 million. The departments’ allocations come from the general fund for administration, regulation and programs,

salaries, support, maintenance and miscellaneous purposes. A new section added in the Appropriations bill expanded on confidentiality of information collected

by the Iowa Nutrient Research Center. All of the following must apply:

• The information is received, collected or held by a nonprofit organization that conducts nutrient management research, including but not limited to

evaluations, assessments or validations;

• The information identifies a person currently or previously involved in managing the agricultural land or production crops or livestock on the agricultural

land;

• The identifiable location of the agricultural land.

The Iowa Nutrient Research Center received a $1.325 million allocation. Funding also included forestry and health management, maintenance and operations

of state parks, agricultural drainage well water quality assistance and Silos & Smokestacks. A new section resulting from the conference committee report

exempted lake and water quality districts when devoted to public use and not held for profit organized under Chapter 357E of the Iowa Code from paying

property taxes. Think Lake Delhi.

The Chapter supported a $20 million REAP allocation but opposed confidentiality of Nutrient Research Center data and the Lake Delhi exemption.

Amendment H8170 added an additional $5 million to REAP. Chapter support; amendment failed on voice vote.

Amendment H8157 appropriated $18.5 million for soil and water conservation. Chapter supported; amendment failed on voice vote.

HF2349 – Rebuild Iowa Infrastructure Fund (RIFF)

REAP also received a $4 million allocation from the Rebuild Iowa Infrastructure Fund (RIIF) bill. However, it was vetoed by Gov. Branstad.

The RIIF bill allocated to the Department of Transportation $10.3 million for acquiring, constructing and improving recreational trails within the state. The

funding includes improvements and connection of urban trails in eastern Iowa counties to a national trail and funding for improvements to recreational trails

in three different counties.

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The Chapter supported the REAP and trail allocations.

The 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. Passed 2014.

HF2473 – Standings

Everyone who ever saw Schoolhouse Rock, sat through Civics or Government class in secondary school or a political science class in

college may have preconceived notions about how a bill becomes law. Although all of those venues are correct with the intent of

how a bill becomes a law, legislation doesn’t become law as simply as one might think.

A few years ago, a bill allowing a 16-year-old raccoon hunter to carry a gun with an adult magically transformed into a dove hunting

bill during House debate. It happened when a legislator introduced a “strike after” amendment that removed all of the original

language and replaced it with something else. It happens frequently. Very often appropriations bills are introduced as skeletons with

amendments used to flesh out the legislation.

What was surprising about one of this year’s “strike after” amendments was the House debate – or lack of it – kicking off a

contentious, but respectful, conversation between two Northwest Iowa Representatives.

Rep. Chuck Soderberg (R-Plymouth) chaired the House Appropriations Committee. The Standings bill was introduced as a study bill. It

was basically a skeleton bill that would be fleshed out with amendments. Soderberg assigned himself, Rep. Chris Hall (D-Woodbury)

and Rep. Walt Rogers (R-Black Hawk) as the subcommittee who would work together on details with Soderberg chairing the

subcommittee.

The House study bill was then introduced as House File 2473. In total, 28 amendments were filed, each, if adopted, adding

appropriations and/or policy to the bill. Normally, the amendments are debated and then supported or opposed by the respective

chamber prior to the final vote on the bill.

When the bill came up for debate on the House floor, Soderberg rose and presented his opening remarks on the bill. Then he was

called upon to present an amendment. Soderberg had filed amendment H-8362, a “strike after” amendment. However, he also

introduced an amendment (H-8363) which was a “strike after” the “strike after” amendment. The bill history for HF2473 is unclear as

to when either of these amendments was filed.

Hall rose and asked to approach the well. The well is actually the banc, sort of like a judge’s courtroom bench, where the Speaker of the House presides over

the House chamber. After several moments of discussion, Hall returned to his seat and asked if Soderberg would “yield” for questions. Soderberg agreed.

Hall asked about the net effect of adopting H-8363 to amend H-8362.

Soderberg’s response was that, if H-8363 were adopted to amend H-8362, no other amendments would be allowed to be filed or would be eligible for debate.

Rep. Chris Hall

Rep. Chuck Soderberg

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Say that again. Since H-8363 is a “strike after” of a “strike after,” the House would no longer allow amendments filed to be eligible for debate on that particular

bill.

Hall then asked Soderberg if it was his intent to limit debate on the issues that were included in amendments that would no longer be eligible for debate.

Soderberg responded that he would be open to debate them.

Not so fast.

Rep. Dawn Pettingill (R-Benton) raised a point of order under Rule 10 regarding debate decorum. Chamber Rule 10, Recognition and Decorum in Debate, states:

A member who wishes to speak in debate shall be appropriately attired, with male members wearing coat or tie. After recognition by the chair, a

member shall respectfully address the presiding officer by saying “Mr. or Madam Speaker”. A member shall confine all remarks to the question under

debate, shall be respectful of other members, and shall avoid referencing or questioning the motives of another member.

After another visit to the well, Hall ticked off several subjects included in the amendments they would not be debating that, in his opinion, were important for

the House to consider, including funding for some projects that were omitted from Appropriations bills. He said, “It’s unfortunate that so many things were left

out of the amendment that are worthy of consideration.”

Representatives returned their attention back to H-8363. It was adopted by a voice vote. With H-8362 amended, it was then time to vote on that amendment.

It was also adopted by a voice vote.

Iowans no doubt assume that on a voice vote, the loudest vote wins. Not so. Supporting votes for both amendments were so faint they could not be heard.

That wasn’t the case coming from the opposition.

However, Rep. Matt Windschitl (R-Harrison), Speaker Pro Tempore who was sitting in for House Speaker Rep. Kraig Paulsen (R-Linn), declared that “The ayes

appear to have it; the ayes do have it.”

All 28 amendments were then determined to be out of order. The chamber went on to pass the amended bill 53-44. The Senate amended the bill with, you

guessed it, a “strike after” amendment and passed an amended HF2473 by a vote of 26-21 the same day as the House vote. But the House amended the Senate

version with yet another “strike after” amendment, passed it 57-40 even later that same day and sent it back to the Senate. The Senate then concurred with

the House’s amendment and finally gave the bill a rest with a 26-19 passage the very last day of the session.

So what escaped inclusion when all of those House amendments were ruled out of order?

There was a lot of technical language, but some of the amendments addressed whistleblower protection, state employment ineligibility procedures (the “do

not hire” list), allowing parents over the age of 21 to allow their children under the age of 21 to possess a pistol, carrying weapons (including who can carry on

school property), penalties for carrying weapons while intoxicated, use of a knife, criminalizing abortion and defining fetal murder, increased excise taxes on

various forms of fuel (including an increase in the ethanol blended gasoline tax) and a $1 million appropriation to the passenger rail service revolving fund as a

match to federal funding.

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Senate amendments ruled out of order included the legalization of the sale and use of fireworks, the prohibition and removal of existing automated traffic law

enforcement systems and the establishment of a breast density task force and report.

The next time you hear Bill sing “I Am a Bill” on Schoolhouse Rock, remind yourself that it may go through several transformations before it actually becomes

a law.

In the final analysis, a one-time spending/debt reduction bill known as the Standings bill, provided an additional $5 million for REAP. The Governor vetoed this

allocation.

Standings provided a new section of the Iowa Code directing the departments of Education and Public Health to develop rules for administering a short-term

(2-90 days) radon testing program in schools. No appropriation was included in the bill. It also included funding for agricultural drainage well water quality

assistance, water quality initiative special projects, watershed improvement and soil and water conservation administration. Passed 2014.

Votes on the Standings bill are recorded as voting the right way because of the $5 million allocation for REAP. However, the 57-40 vote resulted with a

majority of Democrats opposed. It is safe to say the vote by Democrats was a protest to the management of the bill.

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2015 Session of the 86th General Assembly

The 2015 Legislative Session ended on June 5, the 155th day of the session.

This year’s legislation didn’t amount to much in the way of environmental protection. The upside is that it didn’t result in legislation seriously detrimental to

the environment. There were many logjams during the session, particularly with budget bills; but school funding created the most gridlock with House

Republicans successfully holding out for a smaller increase than recommended by the Governor.

The best news is related to the Resource Enhancement and Protection (REAP) allocation. The final appropriation agreed upon by

both chambers was $16 million. While that’s 20 percent below the statutory allocation of $20 million, we were hearing the REAP

could be reduced to as low as $12.5 million.

The Standings bill is always an interesting process. Over the years, it has evolved from an Appropriations bill to a catch-all for bills

that never made it through the funnels. This year, legislators in both chambers amended the bill, then passed it. The Senate refused

to concur with the House amendments and the House insisted. Off it went to conference committee.

The final 73-page bill included modified language regarding animal truck wash effluent; renewable fuels infrastructure for storing

and dispensing ethanol gasoline; language related to the condemnation of property to construct a lake as a drinking water source;

and specifying the types of facilities for nameplate generating capacity equal to or more than 300 megawatts to qualify for

ratemaking principles. There were many, many other provisions included in the bill that are unrelated to environmental protection.

Thanks to our members and supporters, we were able to stop a bill that would have limited the Department of Natural Resources

(DNR) from inspecting concentrated animal feeding operations. House File 586 would have allowed an industrial livestock production

owner or manager "alleges" that a DNR official, agent, inspector or county employee fails to comply with biosecurity requirements, that person must leave the

premises at the owner's or operator's request. An overwhelming response to our action alert resulted in 348 responses to 139 legislators. The bill never made

it out of Senate committee. However, HF578 allows a property owner or designee to be present and to observe DNR during an investigation into any actual or

possible violation or the watershed of the property. The bill did pass the House and the Senate Natural Resources & Environment Committee. On the very last

day, the bill was reassigned back to the Senate Committee.

There were also disappointments.

Legislators overwhelmingly supported adding yard waste for collection and disposal by a sanitary landfill that operates a methane collection system that

produces energy. The Chapter opposed dispensing of yard waste in landfills because it produces more methane, a pollutant more potent than carbon dioxide.

In spite of efforts by many organizations, the bill that would increase the sales tax by 3/8 of one cent to support the Natural Resources & Outdoor Recreation

Trust Fund didn’t make it through the Senate Ways & Means Committee. It can still be considered in the 2016 session.

And two bills that would make it difficult for the Bakken pipeline and the Clean Line transmission projects to take land through eminent domain didn’t get the

support of legislators that the Chapter had wanted to achieve. Senate File 506 and House Study Bill 249 both passed their subcommittees while SF506 also

P a g e | 15

passed the Senate Government Oversight Committee. Thank you to the 251 members and supporters who sent opposition messages to 135 legislators. The

action alert can be found here and it is still available for you to express your views about the eminent domain bills.

2015 Bills Used for Scoring

SF435 – Provides that a government body make an electronic public record available in a readily accessible format if it is useable with commonly available data

processing or database management software. The government may produce the record requested in a format different from its current format and charge

the costs to the person requesting the document. (Supported) Unanimously passed both chambers with Reps. Byrnes, Steckman and Wessel-Kroeschell not

voting. Vote is not included in scorecard. Passed 2015.

SF488 – EPC must adopt rules for a process to annually set AQ fees to be imposed and collected by DNR. Requires AQ fund with three accounts financed by

different fees: 1) major source account to regulate major air contaminant sources under new source review; 2) a minor source account to regulate minor air

contaminant sources or for providing alternatives for construction permits under minor source new source review; and 3) an asbestos account to regulate

asbestos national emission standard for hazardous air pollutants. (Supported) Passed 2015.

HF266 – Adds an exception allowing for disposal of yard waste in a sanitary landfill when it operates a methane collection system that produces energy.

(Opposed) Passed 2015.

HF371 – Allows disclosure of radon test results to owner of nonpublic building to potential buyer if potential buyer paid for testing whether or not building’s

owner is aware or has consented to the testing. (Supported) Passed 2015.

HF467 -- Reduces fine for violation of deer and wild turkey harvest reporting requirements from $100 to $20. Unanimously passed both chambers with Rep.

Rick Olson not voting. (Opposed) Passed 2015.

HF548 – Requires interconnection customer to install disconnection device below electric meter. New installation required within 10 days after receiving

authorization from electric utility to interconnect. Defines “interconnection customer,” disconnection device,” “electric distribution system.” Includes

notification requirements to electric utility and fire departments. Provides maximum amount of energy production capacity the IUB may find eligible for a

single refuse conversion facility is 55 billion BTUs of heat annually for commercial purpose. Provides renewable energy tax credit be received for a 10-year

period. Unanimously passed both chambers with Sens. Anderson, Behn, Bertrand, Feenstra and Zumbach not voting. Vote is not included in scorecard.

(Opposed) Passed 2015.

HF550 – Requires elective public officers to provide a "designated" telephone number and an email address that the entity to which the officer was elected can

then post on its internet site. The bill unanimously passed the Senate. The House vote was 90-2 with Reps. Dunkel and Hunter voting no and Reps. Anderson,

Koester, Kooiker, Lensing, Mascher, Moore, Olson and Sexton not voting. Vote is not included in scorecard. Passed 2015.

HF583 – Requires facility owner to submit documents for DNR approval, including a nutrient management plan, addressing restrictions on the land application

of effluent, soils and hydrogeologic report and construction certification. Establishes construction design standards, restricts basins from being constructed on

karst terrain and requires special provisions for tile lines and construction within a distance from bedrock and on floodplains. Eliminates operating permits for

open feedlots as long as operation obtains a NPDES permit. Places restrictions on stockpiling effluent solids and land application. Requires DNR establish

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requirements for application of effluent including establishing separation distances required between the application site and locations/objects identified by

the rules. Requires effluent be removed after facility is discontinued. (Opposed) Unanimously passed both chambers with Reps. Kressig, Oldson and Rogers

not voting. Vote is not included in scorecard. Passed 2015.

2015 Funding Bills*

SF494 – IDALS/DNR Appropriations

Senate File 494 left the DNR with status quo funding for Fiscal Year 2015-2016. Passed 2015.

IDALS WQ initiative--$4.4m. DNR admin--$12,862,307; State Fish & Game Protection--$41,223,225; Groundwater Protection--$3,4556,832; Snowmobile--

$100k; UST--$200k; Floodplain Mgmt/Dam Safety--$2m; Forestry Health--$450k. ISU Nutrient Center--$1,325,000; In-Field Ag Practices data collection -

$1.23m.

Environment First: CREP--$1m; Watershed Protection--$900k; Farm Mgmt Demo--$625k; Soil & Water Conservation-- $6.75m; Loess Hills D&C--$600k; DNR:

Keepers-$100k; State Park Maint/Ops--$6.135m; GIS--$195k; WQ Monitoring-$2.955m; Public Water Supply--$500k; AFO Regulation--$1.32m; Ambient AQ--

$425k; Water Quantity Regs--$495k; Geological & Water Survey-$200k; Keep Iowa Beautiful--$200k; Forestry Health Management-$50k. REAP-$16m.

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Amendment H1270 by House Appropriations:

IDALS WQ initiative--$4.4m. DNR admin--$12.5m; State Fish & Game Protection--$41,223,225; Groundwater Protection--$3,455,832; Snowmobile--$100k; UST-

-$200k; Floodplain Mgmt/Dam Safety--$1.95m; Forestry Health--$500k; ISU Nutrient Center--$1,325,000; In-Field Ag Practices data collection - $1.23m.

Environment First: CREP--$1m; Watershed Protection--$900k; Farm Mgmt Demo--$625k; Soil & Water Conservation-- $7m; Loess Hills D&C--$600k; DNR:

Keepers-$100k; State Park Maint/Ops--$7.035m; GIS--$195k; WQ Monitoring-$2.955m; Public Water Supply--$500k; AFO Regulation--$1.32m; Ambient AQ--

$425k; Water Quantity Regs--$495k; Geological & Water Survey-$200k; Keep Iowa Beautiful--$200k; Forestry Health Management-$500k. REAP-$13.5m.

• Amendment H1309 by Miller increased IDALS admin budgets. Lost 42-57.

• Amendment H1313 by Mascher added $50k for avian flu study. Passed 99-0.

• Amendment H1306 by Drake removed “miscellaneous purposes” from the WQ initiative. Passed.

• Amendment H1305 by Isenhart required goals to be established for reducing nitrate and phosphorous. Lost on voice vote.

• Amendment H1308 by Ruff added $362+k to DNR admin, $50k for floodplain management, $231k to DNR admin from GF and $25k special appropriation

for floodplain management and dam safety. Lost 42-57.

• Amendment H1310 by Ourth exempts rangers and park managers from impact of the number of seasonal positions. Passed.

• Amendment H1311 by Ourth adds $2.5m to REAP. Lost.

Amended amendment H1270 passed 57-42.

The Conference Committee Report removed Keepers of the Land; REAP at $16 million; changes soil conservation division to division of soil conservation and

water quality; adds $150k to Soil and Water Conservation admin with $75k to support field staff; changes Blufflands Protection program and revolving fund;

floodplain management and dam safety reduced by $25k . Passed 2015.

HF650 – Rebuild Iowa Infrastructure Fund (RIIF)

Allocated to IDALS $5.2 million for water quality initiative; $1.92 million for cost share for agricultural drainage well WQ assistance. Allocated to DNR $9.6

million for lake projects that have established watershed improvement initiatives and community support in accordance with the DNR’s annual lake restoration

plan and $1.75 million for water trails and low head dams. Passed 2015.

SF510 – Standings

“[T]he Founding Fathers intended for policy not to be rushed so it would be done right,” Iowa Sen. Tom Shipley (R-Adams) told his constituents in his “From

Your Capitol Hill” newsletter. Who knows if it will be “done right;” but If Sen. Shipley is correct, the founding fathers must be beaming from ear to ear with

policy not being rushed at the Iowa Capitol right now.

In the week leading up to Memorial Day, the Senate met just long enough to approve the Journals from the previous days. The House didn’t spend much more

time in session than the Senate. The House Appropriations Committee did meet on Tuesday and passed the Standings bill out of committee without making

any recommended changes than what the Senate passed on May 14. Funding for legislators’ stipends ended May 1 but nobody involved in the legislative

process believed the session would end anytime soon.

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The session became bogged down with budget issues. Here’s how Rep. Sharon Steckman (D-Cerro Gordo) explained it to her

constituents:

“The Governor and the Senate are close on their budget targets for most budget bills. However, the House Majority is FAR below

both the Governor and the Senate. For example; the House is $45 million below the Governor in Education, $87 million below the

Governor in the Health and Human Services budget. Because the House Majority has created such a huge gap this year budgets are

ending up in conference committees, and that is where the work is happening right now.”

It’s difficult to imagine at this point in the Legislature that many of the bills left sitting on the table will be addressed during this

session. State law requires a budget be passed by July 1, so assuming legislators can negotiate all of the budget bills that are necessary

for government to operate, that will most likely be what brings the final gavel down on the 2015 session.

Two appropriations bills that were important to Sierra Club Iowa Chapter went to conference committees.

The Agriculture/Natural Resources appropriations bill (SF494) allocates $4.4 million during fiscal year 2015-2016 to the water quality initiative of the Iowa

Department of Agriculture and Lane Stewardship (IDALS) from the general fund. The Department of Natural Resources (DNR) would receive $12.5 million from

the general fund for departmental support. Resource Enhancement and Protection (REAP) would be allocated $13.5 million, almost one third less than its

statutorily mandated $20 million per year. Those allocations are the same for both the Senate and the House, but there are other major issues slowing down

passage of this bill.

The Rebuild Iowa Infrastructure Fund (HF650) allocated $5.35 million for FY15016 and $3.1 million for FY16-17 for the water quality initiative. DNR would be

allocated $9.6 million for lakes restoration and $2 million for water trails and a low head dam plan. State park infrastructure improvements would receive $5

million and $2 million in respective fiscal years. The House allocated $2 million to the Iowa Parks Foundation for a centennial celebration of state parks;

however, the Senate amendment removed that allocation. Most of the differences between the House and Senate involved infrastructure unrelated to the

environment.

Standings bills were apparently intended as appropriations bills; however, in recent years it has become a catchall for incorporating

bills that had not passed previously during the session.

During debate, Sen. Mark Chelgren (R-Wapello), said there were some things that Senators would overlook when debating Standings

and he said that was the Constitution.

“Over these past few years, this has no longer become a bill dealing with appropriations. This is instead a bill dealing with policy.”

Chelgren was referring to other Senate files who were inserted in whole because they didn’t make it through the process. The Senator

quoted from Section 29 from the Iowa Constitution.

“Every Act shall embrace but one subject, and matters properly connected therewith: which subject shall be expressed in the title.”

Chelgren stopped there. The rest of that section reads, “But if any subject shall be embraced in an act which shall not be expressed

in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.” Sen. Mark Chelgren

Rep Sharon Steckman

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Whether you like Chelgren or not, he does know his Constitution and he consistently imparts that knowledge to the others.

The House began debate on the Standings bill late on May 20. The Appropriations Committee introduced an amendment that changed the entire bill. House

members then introduced a host of amendments to that amendment. The 2015 Standings bill also was hammered out in Conference Committee.

House debate on Standings:

Patience ran very thin during the May 20 dinner hour as the House of Representatives debated amendments to the Standings bill amendment (H1365) as

introduced by the House Appropriations Committee.

One by one, House Democrats offered amendments to the Standings bill (SF510), including amendments addressing the Governor’s priority of anti-bullying,

the avian flu catastrophe, family leave, legalization of medical cannabis and assistance to schools. One by one, Rep. Ken Rizer (R-Linn) rose to question the

germaneness of the amendments. Every single time a Democrat rose with an amendment, Rep. Matt Windschitl (R-Harrison), the House Speaker Pro Tempore

and sitting in for Speaker Kraig Paulsen (R-Linn), declared the amendment not germane.

After the "not germane" ruling on the medical marijuana bill, Rep. David Jacoby (D-Johnson) rose and declared that rulings should occur after debate, not by

one single person. Windschitl invited Jacoby to meet in the well about the situation. Paulsen rose from behind Windschitl and vigorously waved his left arm

back and forth. When he finished, the meeting was over and the parties returned to their seats. Paulsen had determined Jacoby’s point of order “not well

taken.” Rep. Bob Kressig (D-Black Hawk) moved to suspend the rules and requested a roll call vote. The House failed to approve suspending the rules.

Rep. Mary Mascher (D-Johnson) became so exasperated when her amendment related to avian flu was ruled not germane that when

Windschitl asked if she wanted to make a motion, she declared, “No, I want to talk to you. May I approach the well?” It was

approved. Her reaction was a point of order related to Rule 10, decorum in debate. Her point was ruled “not well taken.” She then

moved to suspend the rule with a roll call vote and it lost 41-55.

Mascher’s annoyance wasn’t simply because her avian flu amendment didn’t fly. She and Rep. Greg Heartsill (R-Marion) heatedly

disagreed about an amendment that he floor managed and related to parent consent for pupils’ attendance at conferences or

seminars related to human growth and development.

Mascher, a teacher, said the language was already in the Iowa Code. Heartsill, who home schools his children, argued that it was

not. He asked if he thought it was appropriate for children to come to the Capitol to distribute propaganda and to dress as human

billboards.

The amendment was ruled not germane. Heartsill requested the rules be suspended and requested a roll call vote which passed 51-

41. The House then voted on the amendment and, incredibly, no roll-call vote was requested so it passed on a voice vote. However to the listener, it sounded

like the amendment failed.

And so it went for two and a half hours of debate. When it finally ended, the amendment that would completely change the Senate’s version of the Standings

bill passed the House 54-42. The amended bill then passed, also on a 54-42 vote.

Rep. Mary Mascher

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The amended bill included language related to open feedlot or animal truck wash facilities. The Conference Committee report added language about

condemning property for a lake from HF619. The Standings bill retained nameplate generating capacity of ≥300 megawatts power generating facility or

alternate energy production facility. Passed 2015.

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2016 Session of the 86th General Assembly

2016 Bills Used for Scoring

HF2357 Turtle Protection. One of the Chapter’s legislative priorities for 2016 is to protect Iowa’s vulnerable turtle population. Sierra Club can now celebrate

with a legislative victory.

House File 2357 originated in the House. The bill directed the Department of Natural Resources (DNR) to set seasons and catch limits for commercial and

noncommercial (sport) harvest of four species of turtles – common snapping, painted and softshells. It also directed the DNR to perform a population study

of turtles in Iowa.

“There is currently no season for the commercial or sport harvest of turtles,” Rep. Dean Fisher (R-Tama) told House members

during his bill presentation. “Turtles can currently be harvested year round including during their nesting season. Commercial

turtle harvesting currently has no bag limits. Sport harvesting has a limit of 100 pounds of live turtles or 50 pounds of dressed

turtles.”

Sport harvesting simply requires a fishing license. A sport harvester cannot sell the meat. Commercial harvest requires a

commercial turtle harvest license for a $102 fee.

“Over the past 30 years, the commercial harvest of turtles has risen from roughly 30,000 pounds in 1987 to over 238,000 pounds in

2013. This is a result of demand from the Far East where they have depleted their own turtle populations. Anecdotal evidence

suggests that Iowa’s turtle population is becoming depleted. Unfortunately there is no historical data that exists to determine what

the impact has been,” added Fisher.

Fisher reminded his colleagues that turtles are the only species lacking protection during nesting season. All other species of game

animal are protected during nesting season when the wild animal cannot be legally harvested. Turtles are extremely vulnerable to

predators. Once laid, the eggs are left on their own until they hatch.

"We should give turtles the same opportunity to reproduce that we give all other game animals without being molested,”

concluded Fisher.

This piece of legislation was not without controversy.

The original version put a five-year moratorium on any harvesting of the four turtles. An amendment removed the moratorium and

legislators successfully presented a compromise that would require the season and catch limits by commercial trappers. Even then,

it had its opponents. Rep. Scott Ourth

Rep. Dean Fisher

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“Never in a million years did I suspect the lowly turtle would gain such great notoriety in Iowa,” commented Rep. Scott Ourth (D-Warren), one of the bill’s

champions. “Turtles may not be as majestic as a white-tailed deer with a 16-point rack, but they play every bit the integral role in the ecosystem.”

The amendment passed on a voice vote.

After the amendment passed, Ourth continued: “It’s the right thing to do. We protect all the other animals for table fare and for

commerce. I would like to remind colleagues that six states surrounding Iowa have put a stop to all turtle harvest because they are

losing the turtle.“

The house passed HF2357 on March 8 by a vote of 96-1 with Rep. Jarad Klein (R-Washington) voting no and Patty Ruff (D-Clayton)

declaring a conflict of interest.

The bill then sailed through the Senate Committee. When it came up for debate, the Senate needed only five minutes of debate on

March 15 to decide the fate of turtles in Iowa.

Sen. Dick Dearden (D-Polk) addressed the Senate as the bill’s floor manager. He said, “I know there will probably be lots of jokes,

like it’s a shell bill and we’re sticking our neck out. But the bill allows the DNR to set limits, seasons on the trapping of wild

turtles. Some people ask “Why?”

“Well,” he responded, “they can be trapped out in a hurry. If you figure that a turtle, from the time it hatches out of the egg until it becomes a breeding age,

is seven years. It takes forever for them to reproduce.”

“I know,” added the Senator, “they do everything slow.”

The Senate approved the bill 47-2. Senators voting no were Mark Costello (R-Mills) and Tim Kraayenbrink (R-Webster).

The Governor, knowing it was veto proof, signed the bill on March 23. (Supported) Passed 2016.

HF2385 Increased penalties for dumping and littering. The original bill, as presented by Rep. Ross Paustian (R-Scott) included criminal penalties, including jail

time, for illegal dumping and littering. The Chapter’s Legislative Committee opposed the bill, arguing that the penalties were too harsh. Several House

Democrats also opposed the bill and brought the Sierra Club’s opposition declaration to the attention of the Environmental Protection Committee. Paustian

was incredulous that the Sierra Club would oppose a littering bill. The House passed the bill 71-26 and then it went to the Senate. The Chapter continued to

lobby against the criminal penalties. The Natural Resources committee considering the bill added an amendment that decriminalized penalties and replaced

them with stiffer civil fines. The Chapter then changed its declaration to support and the Senate passed the bill 47-0. The House concurred with the amended

bill. Passed 2016.

SF2219 Carbon monoxide alarms. Current Iowa law requires smoke detectors be installed in multiple-unit residential buildings and single-family dwellings.

This new legislation adds a requirement that carbon monoxide alarms also be installed. (Supported) Passed 2016.

Sen. Dick Dearden

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SF2300 Renewable chemical production tax credit. Authorizes $10 million in tax credits for renewable chemical production. The Iowa Economic

Development Authority will administer the program, the bill defines “renewable chemical” as “a building block chemical with a biobased content percentage

of at least 50 percent. The chemical cannot be used for the production of food, feed or fuel. The bill also provides up to $105 million in tax credits for a high-

quality jobs program for the production of renewable chemicals. The Chapter generally opposes tax credits. (Opposed) Passed 2016.

SF2308 Enhance Iowa. Establishes an Enhance Iowa Board to assume powers and duties of Vision Iowa Board plus additional powers and duties. It also

establishes an Enhance Iowa Fund, a sports tourism program and fund and makes appropriations, including $2 million to the Natural Resources & Outdoor

Recreation (NR&OR) Trust Fund. The final bill was amended and removed all references to the NR&OR Trust. First vote by Senate included in scorecard;

House vote not included because it was a unanimous vote. (Opposed) Passed 2016.

HF2351 Funding water quality with water tax and Rebuild Iowa Infrastructure Fund. Water quality finally took center stage at the Iowa Legislature toward

the end of the session.

After disposing of most of the rest of their business, legislators began focusing attention on what to and how to spend Iowa’s coffers. Legislators were

unhappy that Des Moines Water Works filed a lawsuit against three northwest Iowa counties. The perception was that the lawsuit pits the urban versus the

rural so lawmakers realize something has to be done. Soon.

They also realized that improving water quality requires money. Lots of money. Credit is due to legislators for being creative.

Seven bills addressing water quality technically were still alive the first of April. Technically. But most of them didn’t go anywhere. Two bills did grab the

attention of lawmakers.

First, Gov. Terry Branstad proposed extending the one percent local option sales tax until 2050. The tax was enacted in 2008 as a vehicle to assist school

districts address their crumbling infrastructure. Branstad’s proposal would divert $4.7 billion of that funding to water quality for the next 34 years. Of that

share, 50 percent would be provided to the Iowa Department of Agriculture and Land Stewardship’s (IDALS) Soil Conservation and Water Quality Division for

a water quality infrastructure cost share program. The other 50 percent would be administered by the Iowa Finance Authority with 25 percent to the water

quality financing program’s revolving loan program and 25 percent to wastewater and drinking water financial assistance program as grants.

P a g e | 24

Rep. Tom Sands (R-Louisa), as chair of the Ways & Means Committee, proposed a different bill that would divert the tax collected

on drinking water to the Iowa Finance Authority (IFA) rather than to the General Fund. It is expected the excise tax will bring in

$284 million from FY2017 through FY2029. The formula would remain similar to the Governor’s proposal. The House Ways &

Means Committee passed the bill then it went to House Appropriations. And that’s where it got a makeover.

Rep. Pat Grassley (R-Butler) chairs House Appropriations. The proposal he presented retained the bill presented by the House Ways

& Means Committee by distributing 15 percent of funds collected by IFA to the Water Quality Management Urban Cost-Share

Account in IDALS and included an Urban Conservation Infrastructure Program. IFA would then provide 45 percent for the Water

Quality Financing Program for a revolving loan program and 40 percent to Wastewater and Drinking Water Financial Assistance

Program for grants.

But there’s more.

Grassley added an amendment that would take $184.5 million from the Rebuild Iowa Infrastructure Fund during the FY-17 through

FY29 time frame. That’s in addition to the existing $736.69 million in funding IDALS currently receives for the Water Quality Infrastructure Program, Water

Quality Non-Infrastructure Program and to Iowa State University for water quality research and measurements.

Such a proposal would take away from other important projects the RIIF bill provides. According to the Iowa Code

“Moneys in the rebuild Iowa infrastructure fund in a fiscal year shall be used as directed by the general assembly for public vertical

infrastructure projects. For the purposes of this subsection, “vertical infrastructure” includes only land acquisition and construction;

major renovation and major repair of buildings; routine, recurring maintenance; all appurtenant structures; utilities; site

development; recreational trails; and debt service payments on academic revenue bonds issued in accordance with chapter 262A for

capital projects at board of regents institutions. “Vertical infrastructure” does not include operational expenses or leasing of a

building, appurtenant structure, or utility without a lease-purchase agreement.”

The Senate wasn’t willing to take infrastructure funding and appropriate so much of it from the Rebuild Iowa Infrastructure Fund and never voted on HF2351.

(No declaration) Passed 2016.

2016 Funding Bills*

HF 2454 – IDALS/DNR Appropriations

The two chambers introduced identical appropriations bills for the Iowa Department of Agriculture & Land Stewardship and the Department of Natural

Resources. Highlights of the bill include $4.4 million for water quality, $12,850,000 for soil conservation, $500,000 for forestry health management,

$1,325,000 for the Nutrient Research Center and keeps Resource Enhancement and Protection (REAP) at $16 million. It also eliminates the historically

Rep. Thomas Sands

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$200,000 appropriation for the Keep Iowa Beautiful initiative with half of that expenditure to be used for soil conservation program

administration and the other half to state park operations and maintenance.

This bill also requires two DNR studies. One is for the long-term sustainability of the forestry nursery operation and the other is to

study the feasibility of using electronic methods for state park user fees. HF2454 suspends the Water Improvement Resource Board

(WIRB) since it hasn’t received funds since FY14. It does retain the language in the event any future funding will be available.

Finally, the bill authorizes a pilot project to assess the feasibility of using reverse auction, allowing financial assistance be scored on

a cost-benefit analysis with funding to be awarded to the highest nutrient reduction with the lowest cost. (No declaration) Vote is

not included in scorecard. Passed 2016.

SF2324 – Rebuild Iowa Infrastructure Fund (RIIF)

Sen. Matt McCoy (D-Polk) held little back during Senate debate April 27 on the state's infrastructure problems.

McCoy, floor manager for Senate File 2324, ran down the highlights of millions of dollars in appropriations for infrastructure to which a conference

committee comprised of five Representatives and five Senators could agree. Some of those projects include just under $9.5 million for major maintenance,

$5.2 million for water quality financial assistance, $1.9 million to close agricultural drainage wells, $9.6 million for lake restoration and water quality, $1

million for low head dam removal and water trails and $300 thousand for state park infrastructure needs.

Then he lamented that legislators did not have enough money to make many of the $300 million in needed repairs to buildings located at the Capitol

complex. Appropriated in this year's budget is nearly $10 million for repairs on a leaking Capitol dome that is causing mortar issues that must be addressed.

"What was not debated [in the Conference Committee] is what to do with the current situation with the Historical building's [heating, ventilation and air

conditioning] system, the water seeping through skylights and a bad roof design," he said. "I had hope we could have pursued some option to address it as

well as the Iowa Law Enforcement Academy's black mold problem and the issues at the Wallace Building that has high levels of lead, climate issues and

elevators that have outlived their useful lifespan and need to be replaced."

McCoy had proposed to bond for those three buildings with gaming receipts spread out over 22 years but that proposal didn't fly in the House. McCoy said

House Republicans and the Governor want to go with a pay-as-you-go system. He added that some of the Capitol complex buildings are in such disrepair

that they probably would be shut down if they were private enterprise buildings.

"This year, this budget is absolutely under attack," McCoy said during closing remarks. "This year the House Republicans proposed a $232 million transfer

over the next decade out of this budget which would be $232 million that would not be available for state infrastructure had their proposal passed."

McCoy was referring to the House Appropriations Committee recommendation for providing water quality financial assistance.

Sen. Matt McCoy

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As disappointed as McCoy appeared and sounded, he placed the responsibility for the poor conditions of the state's buildings squarely on the Governor's

doorstep.

"When Gov. Branstad leaves, assuming he doesn’t run for re-election, he will have left the state that is in terrible condition from an infrastructure

standpoint," concluded McCoy. "And I think as a senior governor of the state of Iowa that has a legislature willing to work with him, that his legacy could

have been that he left the state better than he found it. I don’t think he can say that."

Both chambers adopted the Conference Committee report while the legislation passed the Senate 27-22 and the House 85-13. Senate amended HF2324

and House Amendment H8274 were considered for scorecard. (No declaration) Passed 2016.

HF2459 – Standings

It seems to happen every year. Calm and collected, but frustrated, angry and (most likely) exhausted, Representatives debated a bill the House version of

the Standings bill that appropriates funds into areas of state government that haven't received other allocations. Standings can be controversial because

it's the one bill where appropriations and policy can slip in – and slip by – in the last few days of the legislative session. The days are long and the nights are

longer as legislators debate appropriations bills. Tempers flare and debate heats up. This year’s session was no exception.

House File 2459, the Standings appropriations bill, included very little this year that relates to the environment. It did allocate $2 million for water quality

financial assistance If (and this was a big one) the Senate passed House File 2451. (The Senate did not.)

Rep. Ken Rizer (R-Linn), the bill’s floor manager opened debate. He indicated that the bill contained very little policy and that was

by design; that the subcommittee worked during the entire session; and that the legislature was leading by example by cutting

$1.6 million. He also said that the bill reflected negotiations with the Senate, nobody was completely happy with everything

included in the bill and it was a very tough budget year.

There was controversy.

The Appropriations Committee cut $5 million from special education services funding at the Area Education Agencies; it required

the University of Iowa medical clinics and hospitals to reimburse the state for malpractice judgments; it required a wage equity

and discriminatory practice task force; and it cut the peace officers pension allocation from $5 million to $2.5 million.

Legislators who opposed those changes and cuts expressed their disappointment and frustration during debate. Amendments

were introduced. Some passed, some failed and some were withdrawn.

Rep. Chris Hall (D-Woodbury) asked Rizer some pointed questions during debate. Hall reminded Rizer that he said that the bill was “a collective reflection

of negotiations and many of these things that have been agreed to and agreements with the Senate.” When Hall questioned whether or not there was

agreement on specific sections of the bill, Rizer stumbled and had to admit that those sections did not result in any agreement.

Rep. Ken Rizer

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Water quality funding was one of the centerpieces of debate.

“Has the appropriation for $2 million to the Iowa Finance Authority for the water quality financial assistance fund been agreed to

with the Senate?” asked Hall.

“It depends on what you mean by agreed to,” responded Rizer. “There have been conversations with the Senate regarding that $2

million amount. We talked about it a little bit in the Appropriations Committee. Rep. Grassley could give you more details on that

but the intent there was to slip implementation of that six months so that it could be $2 million instead of the initially proposed $4

million.”

Slip in implementation?

“It’s hard to tell what the House actually wants to do with that appropriation,” he said. “Last week on Monday it was $4 million and

we were promised that it was going to be $4 million. Then just a couple of days later it was reduced to $2 million. So my question

was whether it was agreed to with the Senate and I’m not still sure after that answer.”

Rep. Nancy Dunkel (D-Dubuque) asked if Rep. Pat Grassley (R-Butler), who chairs the House Appropriations Committee, how it could happen that $9 million

legislators thought would be included in the Standings bill was not.

Grassley’s response was stunning – and telling.

“As you understand, we have a split legislature and across the rotunda,” replied Grassley. “Water quality obviously wasn’t a concern

the way it was here in the House. We were requested to lower that appropriation by $2 million. That was one of the final sticking

points in getting resolution on the budget and as chair of Appropriations I didn’t feel that issue was worth stopping the progress of

the entire body. I, too, am disappointed that the Senate doesn’t think that this is a priority. That’s why we’ve left this $2 million in

here to show that when we were passing that budget it wasn’t just throwing numbers out there, it was accounted for in our budget.”

Grassley continued. “…It’s very frustrating when you have an entity in this Capitol building that says they’re for water quality and

making improvements and then pass plans out that have no sustainability or long-term funding sources. That’s why we have the

number we have in our budget because we felt if we were going to pass a bill, it had to be accounted for. It’s very easy for one body

to pass something as a shell game that they feel will just advance political points. That’s why House Republicans included the $2

million in the budget to prove that we felt this was something that was a priority, unlike our friends across the rotunda….”

Hall rose for the second time. “Is this standings bill that we are voting on here agreed to between the House and the Senate?” he

asked.

“No,” Grassley replied.

Rep. Nancy Dunkel

Rep. Pat Grassley

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“Is the number that is in this bill an agreed upon number?” asked Hall. “Can you say that with full confidence that the water quality language in that operation

is fully agreed to?”

“No, I would not say that,” admitted Grassley.

“See the interesting part about your comments is that you were saying things about scoring political points but the reflection of

your caucus’s priority is the bill that you put forward to this chamber for a vote,” retorted Hall. “If this is not fully agreed upon,

then you can do whatever you’d like to. If you and the House Appropriations Committee believe that something needs to be a

higher priority than $2 million, then you can do so and you can bring it to this chamber for a vote. What you just told people is

that this is not fully agreed to, this is not all the Senate’s priorities and that this bill is in fact a reflection of the House Republicans’

priorities. If you’re talking about political points and a lack of empathy or care about water quality, maybe you ought to look in

the mirror before you point to the other chamber.”

Thank you,” said Hall and with that he sat down.

HF2459 passed the House that night by a vote of 54-45.

Obviously, the Senate agreed to little as presented to the full House chamber. The first thing the Senate Appropriations Committee

did was file an amendment that completely gutted the House version and substituted the Senate’s priorities and passed the

amended bill 26-24. The House refused to concur, amended the entire bill a second time and passed the amended version 52-39. The House then insisted

on its version so the bill went to a conference committee, comprised of five Representatives and five Senators.

The Conference Committee scrubbed all of the amendments from both chambers. Negotiations for amendments resulted in a final strike after amendment

that included funding for the peace officers’ retirement fund, the General Assembly and legislative agencies, the Area Education Agencies and to combat

human trafficking. It also included that a merchant transmission line franchise that is not granted within three years after a petition is filed that involves

property taken under eminent domain will not be granted unless the board is still deliberating. It also defines “public” as consumers of the state where

property is taken under eminent domain. Solar tax credits applicability also became retroactive to January 1, 2015.

Ten days after the House first voted on the Standings bill, it finally passed, bringing a close to the 2016 legislative session. House Amendment H8278 and

Senate Amendment S5157 were considered for the scorecard. (No declarations) Passed 2016

____________________________________________________________________________________________________________________________

*Comprehensive funding legislation generally comes in the form of three bills – a department’s Appropriations, the Rebuild Iowa Infrastructure Fund and a

Standings bill. Occasionally a bill will include an appropriation, but that can change when it comes time to negotiating the affected department’s

appropriations.

Rep. Chris Hall

P a g e | 29

The Chapter primarily pays special attention to the Agriculture and Natural Resources Appropriations bill. Resource Enhancement and Protection receives

the majority of its funding from this legislation.

Appropriations bills more often than not take the entire session to hammer out and they can change many times. One chamber will support it while the

other chamber may amend it. This process can go back and forth until a Conference Committee is appointed. This has occurred in the last three years.

Generally, the Chapter doesn’t declare a position on these bills due to either elements of the bill the Chapter supports and other elements it opposes. On

other occasions, it’s just timing. The check marks indicate legislators voted the right way although the Sierra Club did not declare on a final bill.

2016 I-Will/REAP Day with (l-r) Rep. Bob Kressig, Renata Sack, Susan West and Patrick Bosold. Sens. Rob Hogg and David Johnson, Rep. Chris Hall prepare to speak at the I-Will/REAP Day rally.