The 2009 Legislative Session concluded after a weekend marathon of sleepless nights and last minute changes. Budget issues dominated the legislative session as legislators struggled to deal with declining state revenue, incorporate federal stimulus dollars and fund their priorities. A highlight of the session was the passage of an $850 million I-JOBS bonding package that includes $55 million for wastewater grants, $13.5 million to the DNR to help with water and wastewater issues and a larger competitive grant program to be administered through the Iowa Finance Authority.
The other major focus of the legislative session was disaster recovery and preparedness. While much of the focus was on Cedar Rapids, Iowa City and the other eastern Iowa communities hit by weather disasters, legislators also focused on the larger issue of preparedness to prevent or minimize future disasters. DNR received $2 million to help develop better floodplain maps, provide assistance to communities to better protect floodplains and to improve dam inspections and assistance for repair and construction. The Iowa Flood Center was created at the University of Iowa with technical responsibility for developing models to help communities predict the potential of floods based on flow data and inundation.
The package of four major labor revisions was again on the table but none succeeded in passing either the House or the Senate. Efforts to allow employees to choose their own doctor in workers compensation cases did not see floor action. Prevailing wage provided the most excitement during the legislative session as House leaders kept the voting machine open throughout the weekend in an effort to get the one vote needed to pass the bill. This effort ultimately failed. An amendment to the PERB bill was filed to make changes to Chapter 20 (the collective bargaining statute) but was never discussed. Discussion on fair share legislation to impose fees on non-union workers never surfaced.
The highlight of the session for IRWA was passage of a bill to provide flexibility in wastewater treatment system requirements. This bill was signed into law by the Governor and accomplished many of IRWA’s objectives to help rural water systems and communities struggling with increased rules on discharges. Click here for a more complete summary of the bill’s provisions. Key components of the bill include:
1. Provides consistent criteria for use in determining what constitutes a disadvantaged community. This list of criteria will apply to DNR when granting variances and extended compliance schedules based on ability to pay; the Iowa Finance Authority when offering grants or more favorable loan terms; and the CDBG block grant program. The five criteria that are to be used are:
a. Household median income as a percentage of statewide median household income;
b. Annual water and sewer rates as a percentage of median household income;
c. Families below the poverty level as a percentage of the statewide number of families below the poverty level;
d. Per capita outstanding debt of the system as a percentage of median household income; and
e. Cost effectiveness calculated by determining construction costs per user.
2. Provides explicit statutory authority for DNR to allow variances from state and/or federal regulations.
3. Provides explicit statutory authority for DNR to allow compliance schedules to be included in discharge permits and to be as long as thirty years.
4. Improves the wastewater treatment financial assistance grant program (which did not receive any funding this year) to better target these grants and to remove restrictions on eligibility.
5. Requires the use of a wastewater viability assessment based on managerial and financial sustainability of the proposed system to access the wastewater treatment financial assistance grants.
6. Creates the Water Resource Restoration Sponsored project program to partner communities borrowing money from the SRF with watershed groups to finance water quality improvements including wellhead protection, easements, buffers, etc.
7. Requires the DNR to issue guidance on the use and acceptability of non-conventional wastewater treatment systems to provide a lower cost alternative to conventional systems.
IRWA was successful in either passing or stopping several legislative proposals. Click here for a complete summary of bills important to IRWA. Among the highlights of the session include:
- Revisions to the state revolving loan fund program to clarify the statutory responsibilities of the Iowa Finance Authority and the DNR. This bill was signed by the Governor.
- Passage of a new 40-year, revolving loan fund within the Iowa Finance Authority targeted at unsewered communities. This bill was signed by the Governor but no funding was provided.
- Relaxation and delay of requirements for storm safe rooms and shelters in all new construction and public buildings.
- Altered the efforts by legislators to develop consistent stormwater management standards to be imposed locally. The final effort requires the Water Resource Coordinating Council with assistance from the Iowa Flood Center to develop guidelines for communities to adopt.
- Maintained the exemption provided to employees of rural water systems and other public water suppliers from statewide licensing requirements for plumbers. Corrected issues related to the definition of routine maintenance and emergency repairs for public bodies. This issue was created by a narrow definition of these terms by the Iowa Department of Public Safety through the rulemaking process.
- Made it easier for those impacted by hazardous waste contamination to seek reimbursement for the cost of clean-up directly from the responsible party.
- Protected funding for the Watershed Improvement Review Board ($5 million for watershed grants); the Water Supply Program ($500,000 from the Environment First Fund); water quantity analysis and modeling ($495,000) and water quality monitoring ($2.995 million).
- Stopped an effort by the DNR to increase the amount they can collect from the water operating permit fee from $350,000 to $1 million.
- Stopped an effort to require that only a B-5 blend or above of biodiesel be sold in the state. IRWA members were concerned about cost, supply and winter performance particularly as it related to backup generators.
- Stopped a bill that would require any public body with an NPDES discharge permit to post a sign at the point of discharge. This bill passed the Senate but saw no further action.
IRWA, in conjunction with the Iowa League of Cities, proposed legislation to provide a statutory framework for compliance with the antidegradation requirements of the federal Clean Water Act. The Iowa DNR, on a petition for rulemaking from the environmental community, is currently developing rules and guidance to impose more stringent guidelines on those communities and industry seeking new or increased discharge limits. IRWA is primarily concerned with the fact that this document could potentially exceed the requirements of the federal law and impose costly upgrades on many of Iowa’s communities and its citizens. Our legislation passed the Senate Energy and Environment Committee but failed to see further action. The environmental community decried this legislation as promoting pollution and initiated a strong email and phone call campaign against our efforts. IRWA will continue to work with DNR through the rulemaking process and potentially pursue legislative action if our concerns are not addressed.
