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Water Resources Coordinating Council_HF756 Position StatementTHE CITY OF Dubuque -~., ~j T~ ~ NhMN:ricaCiht ~J , ~' Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Position Statement on Water Resources Coordinating Council Recommendations Regarding HF 756 DATE: September 29, 2009 The Water Resources Coordinating Council (WRCC) has been meeting to discuss changes to floodplain and stormwater management in Iowa. A WRCC subcommittee was created to address the requirements of HF 756, which require the WRCC to submit funding and policy recommendations to the Governor and Legislature by November 15, 2009. The funding and policy recommendations are intended to reduce the impact of flooding on residents, businesses and water quality within the State of Iowa. HF 756 directs the WRCC to examine additional flood plain regulations, wetlands, statewide stormwater management standards, conservation easements and other land management, agricultural conservation practices, pervious pavement, bioswales, and other urban conservation practices, and permanent or temporary water retention structures. Planning Services Manager Laura Carstens requests City Council approval of the City's Position Statement on State proposals for floodplain and stormwater management in regard to HF 756. City staff will then attend one of the public input sessions being held by the Water Resources Coordinating Council to share the City's position. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Dubuque 'THE CITY OF DUB E i -"~CeC i ~I Masterpiece on the Mississippi m zoos TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager °-~~ SUBJECT: City Position Statement on WRCC Recommendations regarding HF 756 DATE: September 29, 2009 INTRODUCTION This memo transmits a recommended City position statement on State proposals for floodplain and stormwater management in regard to HF 756. This position statement was developed by Planning, Engineering, and Public Works staff. BACKGROUND The Water Resources Coordinating Council (WRCC) has been meeting to discuss changes to floodplain and stormwater management in Iowa. A WRCC subcommittee was created to address the requirements of HF 756, which requires the WRCC to submit funding and policy recommendations to the Governor and Legislature by November 15, 2009. The funding and policy recommendations are intended to reduce the impact of flooding on residents, businesses and water quality within the state of Iowa. The WRCC Subcommittee recommendation summaries dated September 18, 2009 are enclosed. HF 756 directs the WRCC to examine additional flood plain regulation, wetlands, statewide stormwater management standards, conservation easements and other land management, agricultural conservation practices, pervious pavement, bioswales, and other urban conservation practices, and permanent or temporary water retention structures. DISCUSSION City staff has reviewed the proposed funding and policy recommendations and has the following comments regarding the proposed changes. The WRCC is holding public input sessions and City staff will attend one of these meetings to present the City of Dubuque's position on the proposed recommendations. WRCC Recommendations HF 756 September 29, 2009 Page 2 The recommendations developed by the WRCC subcommittee are divided into four work groups that include: 1. Floodplain management and regulation 2. Lowland focus 3. Upland focus 4. Stormwater Work Group 1: Floodplain Management: Work Group 1 focuses on floodplain management. The primary recommendation impacting communities is the first one listed. Recommendation #1 is to change the regulatory floodplain from the 100-year floodplain to the 500-year floodplain (0.2% flood). The comments of the work group indicate that it realizes that expanding the regulatory floodplain to the 500-year floodplain will have serious implications for the citizens of Iowa. The City of Dubuque's primary concern should be the shift to the 500- yearfloodplain. The National Flood Insurance Program, since its inception, has used the 100-year floodplain as the regulatory floodplain. Citizens have made decisions about the location of their homes and businesses based on this regulatory floodplain. To change this regulatory floodplain at this point in time will have extremely significant impacts on local communities. The City's current flood insurance rate maps (FIRM) for the Mississippi River and Catfish Creek branches indicate the area inundated by a 500-year flood as Zone X includes the entire Kerper Boulevard and Kerper Court industrial area, the 12th Street Peninsula where Peavey Grain and Koch Materials are located, as well as the north and south Ports of Dubuque. There are some 500-year floodplain areas shown on the City's branches of the Catfish Creek, but these generally are confined to the undeveloped stream valleys themselves. The City of Dubuque should propose that rather than expand the regulatory floodplain to the 500-year flood event, the State should first look at the effectiveness of regulation within the 100-year floodplain. If 40 years of regulating the 100-year floodplain have not been effective in reducing flood damage, how does expanding these same regulations to the 500-year floodplain improve matters? It is important to note that whether you regulate the 100-year flood or the 500-year flood, current rules allow development within a floodplain as long as it's not in a floodway. A floodway is the portion of the floodplain where flood waters are typically flowing swiftly. Therefore, recommendation #2 reflects current requirements. The problem is that even if a structure is not structurally damaged by flood water, the cost of rehabilitating the structure often exceeds the financial capability of many property owners. The City of Dubuque should recommend that before the State expands the regulatory floodplain beyond the 100-year flood, that a thorough analysis f:\users\mrettenb\wp\council\wrcc hf756 mvm memo..doc WRCC Recommendations HF 756 September 29, 2009 Page 3 be completed regarding the success of regulating property within the 100-year floodplain. Recommendation #3 would restrict fill in the floodplain to three (3) feet. What is the rationale for this height? It appears to be arbitrary. Recommendation #4 would exempt areas protected by a certified levee from the 500- yearfloodplain. City staff support this recommendation, as it exempts our protected riverfront. The other recommendations of Work Group 1, numbers 5-11, are reasonable in their approach, in terms of flood control levees, the provision for grant programs to help in regulating floodplains, and flood risk education. Recommendation #12 requires that new Class 1 Critical Facilities should be located outside the 500-year floodplain whenever practical. Class 1 Critical Facilities as defined by the Federal Government include: hospitals, fire and police stations, water and wastewater treatment facilities, and utilities. This is a sensible approach that should be expanded to include other important community assets, such as schools. Work Group 2: Lowland Focus Work Group 2 was charged with a lowland focus addressing wetland protection, restoration and reconstruction, conservation easements, and other land management practices. The recommendations in the planning and coordination, non-structural, projects, and educate and inform categories are reasonable. These recommendations would help the State of Iowa to understand the impact of land use on flooding statewide. Work Group 3: Upland Focus Work Group 3 was charged with an upland focus that deals with watershed level planning, agricultural practices, land development, and soil and water conservation. The recommendations were found to be appropriate, and if applied, would have a positive impact on flooding through an upland focus, calling for perennial ground cover and other agricultural conservation and water retention practices. Work Group 4: stormwater Work Group 4 was charged with looking at stormwater, and specifically, promulgation and implementation of state-wide stormwater management standards, including pervious pavement, bioswales and other urban conservation practices. Work Group 4 divided its recommendations between stormwater education, stormwater regulation, and financing. The recommendations for stormwater education appear reasonable and would help in controlling stormwater and flooding in the state. f:\users\mrettenb\wp\council\wrcc hf756 mvm memo..doc WRCC Recommendations HF 756 September 29, 2009 Page 4 Recommendation #40 is that the State should require all cities and counties to implement stormwater management practices consistent with the Iowa stormwater Management Manual (ISMM). They already do through the MS4 NPDES permits. Dubuque's MS4 NPDES Permit required the City to pass an ordinance that, "requires water quality and quantity components be considered in the design of new construction and implemented when practical." The ordinance also must "promote the use of stormwater detention and retention, grass swales, bioretention swales, riparian buffers and proper operation and maintenance of these facilities." These are some of the same practices outlined in the ISMM. Recommendation #41 would require new and amended NPDES MS4 permits to include BMPs as outlined in the ISMM. The comments on Recommendation #40 above would apply here as well. Recommendation #42 suggests the State of Iowa should demonstrate its commitment to water quality issues by requiring construction on State property, and any project utilizing State funds to use best practices to retain at least the first inch of rain that falls on the property. The City of Dubuque should support this as an important step that the State of Iowa lead by example and require that best management practices be followed during and for all State projects. Recommendation #43 is to support and enhance existing funds currently available for stormwater projects. The two funds are the SRF program and the WIRB funds. ISSUE: These funds are limited to water quality projects. There are no grantor loan funds available for strictly flood mitigation projects. The City of Dubuque should recommend that stormwater and flood mitigation projects be eligible for these funds, or create a new fund. Recommendation #44 is to give cities authority to establish a connection fee for stormwater drainage system utility districts based on SF 458. The City should further research how this recommendation could be implemented if this measure passes. Recommendation #45 gives cities authority to establish a fee system and credit program based on the amount of impervious surface installed. The City of Dubuque already has such a system through its stormwater management utility. City staff's concern here is that there is no mention of how this would be applied - is this a state- wide utility fee program or are they just promoting the establishment of these types of utility fee programs on a City and County level? Recommendation #46 would expand the authority of the Soil and Water Conservation Districts by allowing them to create watershed districts. As part of this recommendation, the watershed districts would be given the authority to levy taxes to create a sustainable funding source. Of concern is that this action would create a new taxing body, with very little in this recommendation about what authority the watershed districts would have f:\users\mrettenb\wp\council\wrcc hf756 mvm memo..doc WRCC Recommendations HF 756 September 29, 2009 Page 5 and how this would apply across existing jurisdictional boundaries. For instance, would the watershed districts pre-empt local jurisdiction control, whether it is City or County? The health of a watershed can best be managed by a watershed board that has jurisdiction over an entire watershed. The City should advocate for a watershed board concept, where this board assumes responsibilities now placed on MS4 cities for managing stormwater and health of a watershed. The City of Dubuque should recommend the equitable application and enforcement any additional regulations mandated as a result of the WRCC recommendations. Too often cities are "islands of regulation in a sea of unenforcement." The City of Dubuque should stress to the WRCC, the importance of developing regulations and enforcing those regulations equally in populated and rural areas. The standards for development and enforcement are often times higher in cities than in rural communities and unincorporated areas. This puts cities at a disadvantage and consequently promotes sprawl, poor stormwater management and flooding. Regulation often occurs in populated areas, but rural development and farms contribute significantly to local, regional and state stormwater problems and flooding. Responsibility and enforcement needs to be shared by all, not just the larger cities who already are implementing best management practices similar to those outlined in the ISMM. REQUESTED ACTION City staff plans to attend one of the public input sessions being held by the WRCC to share the City's position, and requests that the City Council review and concur with staff's position. Enclosure Prepared by: Kyle L. Kritz, Associate Planner cc: Gus Psihoyos, City Engineer Don Vogt, Public Works Director Deron Muehring, Civil Engineer II Kyle Kritz, Associate Planner f:\users\mrettenb\wp\council\wrcc hf756 mvm memo..doc 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting Subcommittee of the Water Resources Coordinating Council To Focus on Recommendations required by HF756 (WRCC Established under Iowa Code Chapter 4668) RECOMMENDATION SUMMARIES 2009 Iowa legislation, HF 756 ,requires the state's Water Resources Coordinating Council (WRCC to submit policy and funding recommendations that promote "a watershed management approach to reduce the adverse impact of future flooding on this state's residents, businesses, communities, and soil and water quality:' At its meeting on June 12, 2009, the WRCC named a subcommittee to work on recommendations. Subcommittee members include: University of Iowa -- IIHR- Hydroscience & Engineering, Iowa Flood Center: Larry Weber Iowa State University- Leopold Center: Jerry DeWitt, alternate Jeri Neal University of Northern Iowa -Center for Energy and Environmental Education: Kamyar Enshayan Homeland Security: Tom Oswald, alternate Steve Zimmerman U.S. Army Corps of Engineers: Jerry Skalak IDOT: Scott Marler, alternate Dave Claman NRCS: Rich Sims, alternate Marty Adkins IDNR: Bill Ehm, alternate Sharon Tahtinen IDALS: Chuck Gipp IDED:lessica Montana RIO: Ken Tow, alternate Susan Judkins USGS:Rob Middlemis-Brown, alternate Kaylene Carney The subcommittee met on July 13, 2009, and identified four work groups to work on components of the recommendations required by HF 756. Work groups had a diverse representation, including members from groups outlined in HF756 that should be consulted, including "hydrological and land use experts, representatives of cities, counties, drainage and levee districts, agricultural interests, and soil and water conservation districts, and other urban and regional planning experts." The work groups include: #1: Flood Plain Manaeement and Regulation, chaired by Chuck Corell, DNR (See Exhibit 1, Page 10) #2: Lowland Focus: Wetland protection, restoration and construction; and conservation easements and other land management, chaired by Marty Adkins, NRCS (See Exhibit 1, Page 11) #3: Upland Focus: Perennial ground cover and other agricultural conservation practices; and permanent or temporary water retention structures, chaired by Tom Oswald, HSEMD (See Exhibit 1, Page 12) #4: Stormwater: Promulgation and implementation of statewide stormwater management standards; and pervious pavement, bioswales, and other urban conservation practices, chaired by Jessica Montana, IDED (See Exhibit 1, Page 13) Their recommendations were considered by the subcommittee on September 15, 2009. They were edited slightly and presented for consideration 9/18/09 by the Water Resources Coordinating Council, authorized the subcommittee to solicit public input on these draft recommendations atpublic meetings as follows: 9/29/09 Mount Pleasant Civic Center, 307 East Monroe Street, 2-4 PM West Branch, Hoover Library and Museum, 210 Parkside Drive, 6-8 PM 10/6/09 Ankeny, Public Services Building, 220 W. 1st Street, Conf. Room A. 10 AM-Noon Waverly Civic Center, 200 E. 1st St. NE, 5-7 PM 10/8/09 Lewis, Wallace Foundation Learning Center, Armstrong Research Farm, 10 AM-Noon Storm Lake, Sunrise Pointe Municipal Golf Course, 4-6 PM Recommendations and related exhibits follow. 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting WORK GROUP 1: FLOODPLAIN MANAGEMENT FLOODPLAIN REGULATIONS #1: The 0.2% flood should be the regulated flood plain instead of the 1% flood. This change should be phased in as the 0.2% flood plains and floodways are identified on maps approved by the Federal Emergency Management Agency. (See Exhibit 2 for diagram of 100- and 500-year flood plain). #2: The state should prohibit development (structures, fill and other restrictions to flood flows) in the floodway ofthe regulated flood plain. Reconstruction of substantially damaged structures already located in the floodway should also be prohibited. #3: The use of fill to elevate new or reconstructed structures (excluding levees) in the flood plain should be restricted to no more than three vertical feet. Other means of elevating structures should be allowed. Structures in the regulated flood plain but outside the floodway should be constructed in a manner that will reduce the damage caused by the 0.2% flood. These restrictions should be phased in as the 0.2% flood plains are identified on maps approved by the Federal Emergency Management Agency. FLOOD CONTROL STRUCTURES (LEVEES) #4: Areas on the landward side of a flood control levee recognized by the Federal Emergency Management Agency as protecting against the 0.2% flood should not be considered as in the 0.2% floodplain and should not be subject to the regulations for the 0.2% flood plain. #5: Flood control levees should primarily be used to protect areas with existing development if there are no practical alternatives for mitigating damage from floods. #6: The governor should support and endorse Alternative H in the "Upper Mississippi River Comprehensive Plan -Final Report June 2008 (Revised Aug 14, 2008)" prepared by the Army Corps of Engineers. This alternative would improve the existing levee system to provide protection from the 0.2% flood along the Mississippi River (not the tributaries). [Note: The Army Corps of Engineers employees participating in the work group did not endorse any alternative.] #7: The state should create a grant program to help entities bear the cost of certifying existing flood control levees. #8: The state should create a grant program to assist entities with improving existing levees as one way to meet the new 0.2% flood regulations. PLANNING #9: The state should create a grant program to support local planning entities for developing local flood plain management plans. Preference should be given to planning activities that benefit a region or watershed. The goal of these flood plain management plans should be to reduce the flood exposure to people and property and thereby reduce flood damages. 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting FLOOD RISK EDUCATION #10: The legislature and the governor should support the formation of a local chapter of the Association of State Flood Plain Managers in Iowa that would provide a vehicle for local managers and planners to discuss flood plain issues and learn from each other. #11: The Iowa State University Extension Service should be tasked with and appropriated funds for educating the general public about flood plains, flood risks and basic flood plain management principles. The ISU Extension Service already has a network of educators across Iowa and should develop materials and programs in consultation with flood plain experts. CRITICAL FACILITIES #12: New Class I Critical Facilities should be located outside the 0.2% flood plain whenever practical. New Class I Critical Facilities should also be designed and located as to maintain their function during a 0.2% flood whenever practical. OTHER OPINIONS EXPRESSED: Whenever possible, the workgroup tried to reach consensus on the statements and recommendations. When consensus was reached it was rarely unanimous. Below are the viewpoints of those that did not necessarily agree with the statements and recommendations above. • Government should not impose restrictions on the use of property. Many citizens that live in a flood plain are aware of and have accepted the risks and do not expect any help from the government. Flood control structures are not reliable enough to be used extensively in flood plain management. Any flood plain management strategy that uses structural flood controls in lieu of removing or flood proofing structures in the 0.2% flood plain is incomplete and will fail eventually. Structural controls do have their place-to protect existing development that cannot be mitigated in other ways. However, in many instances, structural controls are used because they are less intrusive and less costly and more effective mitigation measures. • The geographic boundaries and the economic impacts of delineating the 0.2% flood plain area as the regulated flood plain are currently unknown. A mapping project has been recently initiated that will produce flood maps for the entire state but it will not be completed and approved by FEMA for another five to seven years. The delineation of the 0.2% flood plains and floodways should be completed in order to educate property owners and local communities and to make an informed policy decision. Some in the workgroup believe that the policy decision to move to a 0.2% regulated flood plain should wait until delineation of the 0.2% flood plains and floodways is completed and the impacts of this change analyzed before making a policy decision which will have an impact on the property rights of many Iowans including the value of their property and risk of flood damage. The workgroup realizes that the expanded or new policy recommendations made here have serious implications to the citizens of Iowa. Many residences and other buildings will have to be moved from the 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting 0.2% flood plain after being damaged rather than being rebuilt in their current location. New development in the 0.2% flood plain, while not prohibited by these recommendations, will be more difficult and expensive than it is now. But the goal of these recommendations is to reduce the damage caused by flooding and that cannot be accomplished without changes in how we manage our flood plains. Many of the workgroup members are representatives of different public interest groups. While the representatives participated with the full knowledge of the groups they represent, it should not be assumed that the groups or their representatives fully endorse the recommendations or statements made herein. WORK GROUP 2: LOWLAND FOCUS PLANNING & COORDINATION: #13: Provide funding for watershed project planning and the implementation and maintenance of high priority flood damage reduction projects. #14: Provide interagency assessment and project planning to support and inform infrastructure / easement /land purchase investment decisions in floodplain areas. #15: The WRCC should move more quickly from information sharing to actual interagency program coordination. NON-STRUCTURAL: #16: Reconnect streams and rivers to their flood plains and floodways. This practice involves the modifications of levees, roads, channels and diversions. The State of Iowa should consider levee district buyouts when they are needed in order to accomplish stream-floodplain reconnections. #17: Provide authority for the purchase of easements in upland areas that are part of planned flood risk reduction projects. The easements would stipulate the use of water infiltration practices that are appropriate for each situation. Practices might include contour farming, strips of perennial vegetation, ponds, wetlands, no-till, and other measures. #18: Provide a means of indemnification that would allow levees to be modified or removed and floodplains to be farmed with the agreement that if there is flooding the land will be used for back up and holding water. PROJECTS: #19: Integrate multi-purpose wetlands into watersheds with drainage districts or larger drainage systems. Systems would be retrofitted to enable nutrient trapping and treatment; more water infiltration and evapotranspiration; greater retention of run-off; and habitat to support biodiversity. Maintain a holistic view of watershed management and targeting funds and programs within those watersheds. #20: Drainage Water Management to allow for the seasonal retention of water in the drained fields should be supported technically. This practice is most easily adopted in very flat landscapes. (w~ Priority 6) 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting #21: Develop, implement, monitor and document a watershed project that has as a primary goal high infiltration of rainfall under non-saturated soil moisture conditions in both rural and urban areas. #22: Enhance WRP, EWP, FRPP, and CRP programs with state matching funds. #23: Conduct a cooperative pilot project for the evaluation of strategies for reducing severe scour erosion and sand deposition by floodwaters under various soils/geology conditions. Strategies would include but are not limited to levee and road modifications, reforestation and grassland seeding. This project should be part of an overall watershed plan at the HUC 8 scale or larger. EDUCATE & INFORM: #24: Include floodplain or alluvial soils information as part of the disclosure form used as part of real estate transactions. #25: "I-Farm" is a farm resource management and business planning tool developed at ISU. I-Farm could help farmers plan and create infiltration systems to accommodate one inch rainfalls. I-Farm should be used by ISU Extension and other agencies to support conservation and business planning. WORK GROUP 3: UPLAND FOCUS PRIOR STUDY HAS YIELDED GOOD RECOMMENDATIONS THAT SHOULD BE RECONSIDERED #26: Highlights from prior flood plain-related recommendations brought forward by water resources task forces in 2001, 2003 and 2007 should be reconsidered (See EXHIBIT 3, Page 15, incorporated by reference into this recommendation) PILOT/DEMONSTRATION PROJECT #27: Fund apilot/demonstration project involving a "hybrid" of both implementation and research, implementing best practices as well as hydrologic studies at the Iowa Flood Center (U of I) and management for flood reduction o Includes a "distributed storage" system including upland retention structures o Site selected based on criteria including isolated community (at top of watershed) impacted in 2008, impaired waters (for funding), willingness of watershed stakeholders, geographic MLRA, flexibility to expand to larger scale, visible and quantifiable results, take advantage of other ongoing research (e.g. Iowa/Cedar Basin), input from stakeholder groups including agriculture community, livestock groups, cities, state agencies, universities, water interests (water, waste water and rural water), ability to collect soil moisture data, an area with a gaging station or recommend installation of a gage in the area o Multi-jurisdictional effort and funding, leverage one program with another (multi- programmatic) o Funding sources ranging from individual to all levels of government, private sector including commodity groups #28: Manage existing water resources programs to address flood risk management 5 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting EDUCATION #29: The Iowa State University Extension Service should be tasked with and appropriated funds for educating the general public about flood plains, flood risks and basic flood plain management principles. The ISU Extension Service already has a network of educators across Iowa and should develop materials and programs in consultation with flood plain experts. (Same as Work Group #1, recommendation #11) #30: Conduct a hydrological tiling study to determine the impact the drainage has on infiltration, surface runoff, and flooding. (Same as Work Group #4, recommendation #48) Consider impacts of potholes, wetlands and water retention structures. #31: Develop a soil moisture monitoring network through the Iowa Water Center and Leopold Center, both at ISU #32: Make extensive use of the NRCS Soil Conditioning Index tool. Conservation and agronomic practices that are matched to the need of the land and objective of the landowner will improve sustainability over the long term, potentially increasing profitability, reducing impacts of flooding, and improving water quality. One example of a best practice is use of perennial ground covers. An improved Soil Conditioning Index score is an indication of good agronomic and conservation practices. #33: A media campaign is needed to let Iowans know we are all affected by, and have an impact on, watershed issues. Landowner/tenant issues should be considered as part of this campaign. #34: Storm frequency needs to be analyzed for accuracy of predictions (i.e. basis fora "ten-year storm") #35: Reassess criteria for conservation practices because of changing climate. o NRCS Field Office Technical Guide (conservation criteria) o NRCS Engineering Field Manual (design criteria) RESOURCES #36: Recommend increased funding for staff at research and field levels for public and/or private sector. Watershed level planning requires effort at the research level to actual watershed level down to the field level working with individual farmers. Current staffing levels would not be sufficient to provide the technical expertise needed. #37: Recommend multi-year state funding for the Iowa Flood Center #38: Recognize that voters may approve a 2010 referendum question amending Iowa's Constitution to provide that if the state raises the sales tax in the future, 3/8ths of the increase will go to a new protected account for natural resources projects, including soil and water conservation; aone- pennyincrease would generate about $150 million annually which could serve as a funding source. 6 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting #39: A tax Dedicate the sales tax currently collected by public water supplies for drinking water, add sales tax on bottled water sales, and/or collect a redemption fee on bottled water similar to pop bottles, could serve as additional funding sources. WORK GROUP 4: STORMWATER STORMWATER REGULATION: #40 - Utilize a Phase-In Approach to Implement Statewide Stormwater Standards Consistent with the Iowa Stormwater Management Manual The State should require all cities and counties to implement Stormwater management practices consistent with the Iowa Stormwater Management Manual (ISMM). They should be given the opportunity todevelop aphased-in approach to allow sufficient time to secure necessary technical and financial assistance for effective implementation. The ISMM presents planning and design guidelines for the management of Stormwater quality and quantity in the urban environment, and encourages the use of enhanced design practices for Stormwater management, including best management practices and low impact development (LID). Iowa-specific and part of the Iowa Statewide Urban Designs and Specifications (SODAS) Manual, the ISMM outlines eleven minimum standards as community development guidelines. Statewide Stormwater management standards should be applicable to new development, retrofits, redevelopment, and improvements to property. One phased-in approach to consider could begin with: • The 43 communities and three universities with municipal separate storm sewer systems (MS4s) • Communities over 10,000 and counties greater than 20,000 in population • Communities under 10,000 and counties under 20,000 in population Before a city or county is required to implement statewide Stormwater standards, they should be directed to the educational resources for Stormwater management (Recommendation 8). Additionally, enhanced funding and mechanisms for raising those funds are needed (Recommendations 4-7). #41-Require New and Amend Renewal National Pollutant Discharge Elimination System (NPDES) M54 Permits to Include Stormwater Best Management Practices as Outlined in the Iowa Stormwater Management Manual. Require new and amend renewal NPDES permits to include Stormwater best management practices as outlined in the ISMM. Other states are requiring statewide standards be included in a community's NPDES Phase II permit. Similarly, the ISMM section 2A-1 recommends "non-structural best management practices to be implemented to reduce pollutant sources and to reduce the transfer of urban pollutants to runoff before more expensive structural controls are instituted."1 1 Iowa Stormwater Management Manual, www.ctre.iastate.edu/PUBS/Stormwater/index.cfm 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting #42 -Increase State Government's Utilization of the Iowa Stormwater Management Manual The State can demonstrate its commitment to effective Stormwater management by requiring construction of vertical infrastructure, pursuant to 2009 Iowa Code chapter 8.57 and in suit with Recommendation 1, on State property or projects funded in full or in-part by State funds to use Stormwater best management practices described in the ISMM. This commitment would provide demonstration projects to serve as an example for city and county officials and developers. FINANCIAL: #43 -Support and Enhance Existing Stormwater Funds; Establish a New Fund Similar to the Property Assessed Clean Energy (PACE) Program Support and enhance the existing funds currently available for Stormwater projects. Two existing funds exist: 1) the State Revolving Loan Fund provides funds for Stormwater quality projects with low-interest loans to cities, counties, non-profits, developers, businesses and individuals, and 2) the Watershed Improvement Review Board (WIRB) awards competitive grants for local watershed improvements through the Watershed Improvement Fund to -ocal watershed improvement committees, soil and water conservation districts, public water supply utilities, cities and county conservation boards. Additional funds should be made available for implementation of Stormwater best practices as defined by the ISMM. The funds should also target high-growth counties because these areas typically produce more impervious surfaces, thus increased runoff. A new funding mechanism for Stormwater projects could mimic the Property Assessed Clean EnergyZ (PACE) Program. APACE bond is a bond where the proceeds are lent to commercial and residential property owners to finance energy retrofits (efficiency measures and small renewable energy systems) and who then repay their loans over 20 years via an annual assessment on their property tax bill.3 PACE bonds can be issued by municipal financing districts orfinance companies and the proceeds can be typically used to retrofit both commercial and residential properties. #44 -Give Cities Authority to Establish a Connection Fee for Stormwater Drainage Utility Systems Give cities authority to establish a connection fee for Stormwater drainage system utility districts for purposes of funding construction of Stormwater infrastructure. Senate File 458 (SF 458) accomplishes this goal and should be supported. SF 458 passed the Senate 32-18 on a primarily partisan vote in 2009; however, it ended in the House Ways & Means Committee. It remains alive for discussion in 2010. #45 -Give Cities and Counties Authority to Establish a Fee System and Credit Program Based on the Amount of Impervious Surface Installed° Fee Svstem z Property Assessed Clean Energy Prorgram, www.pacenow.org a Environmental Protection Commission, publication intended to assist local Stormwater managers understand the alternatives available to fund their Stormwater program.www.epa.~ov/npdes/pubs/re~ion3 factsheet fundina.pdf 8 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting Cities and counties should be given the authority to establish a fee system that is based on the amount of impervious surfaces installed. For the purpose of this recommendation, impervious surface includes a surface not connected to potable water, or non-metered customers. This could include, but is not limited to, a parking lot, driveway, rights-of-way, and rail lines. Credit Pro;?ram The goals of stormwater credit programs are to reduce or mitigate imperviousness, promote on-site stormwater management, reduce runoff volume, and promote or direct use of specific stormwater best management practices. The mechanism for fee reduction could include percent fee reduction or water quantity and water quality credits. #46 -Allow Soil and Water Conservation Districts to Create Watershed Districts Soil and Water Conservation Districts (SWCD) should be allowed to create watershed districts to develop integrated water management plans. Watershed districts could utilize 28E Agreements to work across county boundaries and collaboratively with local governments. The Watershed Districts could create a sustainable funding source by leveraging taxes. Iowa Code 161A would need to be amended to implement this recommendation. STORMWATER EDUCATION: #47 -Support and Enhance Existing Educational Efforts stormwater education should include and reach all parties, including, but not limited to, State, county and city officials, engineers, planners, realtors, and developers, and consider the various needs and circumstances of residential and commercial and industrial properties. stormwater education should focus on stormwater best management practices as outlined in the ISMM, including issues of water quality, water quantity and the potential for environmental impact and damage to cities and counties. Current programs that exist within the State include the Iowa stormwater Partnership, Iowa stormwater Education Program, Urban Conservationists, RainScaping Iowa Initiative, and the Council of Governments. These programs' efforts should be supported and enhanced to reach a larger audience and provide more technical assistance as stormwater standards are phased-in and stormwater best management practices are implemented (Recommendation 1). #48 - Conduct a Hydrological Tiling Study There is a general lack of understanding of how the drainage functions. Some think more the drainage means more flooding; while others think it is unlikely that the flow alone could cause out of control bank flows and might even reduce peak flows by helping the landscape infiltrate more rainfall and shed less runoff. A scientific hydrologic study is needed to determine the impact of the drainage on infiltration, surface runoff, and flooding. 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting EXHIBIT 1-WORK GROUPS Water Resources Coordinating Council Floodplain Subcommittee -Regulation Work Group #i Contact List ' "'Na e =~ Chuck Corell, Chair T'r ~~'~'Uepa ent: ~ Iowa Department of Natural Resources ai ~ r ~.. ~~ chuck.corell@dnr.iowa.gov - P ode # _ .~ 515-281-4582 Angel Robinson Iowa Insurance Division angel.robinson@iid.iowa.gov 515-281-4038 Bill Cappuccio Iowa Department of Natural Resources bill.cappuccio@dnr.iowa.gov 515-281-8942 Brian Schoon INRCOG Bschoon@inrcog.org 319-235-0311 Chris Gruenhagen Iowa Farm Bureau Federation cgruenhagen@ifbf.org 515-225-5528 Dave Claman IDOT David.Claman@dot.iowa.gov 515-239-1487 Jeff Hanan Southeast Iowa Regional Planning Commission jhanan@seirpc.com 319-753-5107 Jerry Skalak Corps of Engineers, Rock Island District Jerry.A.Skalak@usace.army.mil 309-794-5605 Jessica Harder Iowa League of Cities jessicaharder@iowaleague.org 515-244-7282 Josh Cox HSEMD josh.cox@iowa.gov 515-251-3675 Julie Tallman Iowa City Building Dept. Julie-Tallman@iowa-city.org 319-356-5132 Kamyar Enshayan Center for Energy & Environmental Education kamyar.enshayan@uni.edu 319-273-7575 Kay Mocha Pottawattamie County Zoning kay.mocha@pottcounty.com 712-328-5792 Kim Johnson Buena Vista County Zoning kjohnson@co.buena-vista.ia.us 712-749-2555 Marty Ryan Cedar Falls City Planner marty.ryan@cedarfalls.com 319-273-8606 Mike Raes HSEMD michael.raes@iowa.gov 515-725-3273 Nathan Young Iowa Flood Center nathan-young@uiowa.edu 319-384-1732 Susan Dixon Rebuild Iowa Office susan.dixon@rio.iowa.gov 515-238-4537 Ted Corrigan Des Moines Water Works Corrigan@dmww.com 515-283-8751 Vicki Stoller Two Rivers Levee & Drainage Assoc. Rivers@mepotelco.net 319-937-6667 10 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting Water Resources Coordinating Council Floodplain Subcommittee -Lowland Work Group #2 Contact List a Martin Adkins, Chair i De art en USGS - NRCS ~ E ai r Martin.Adkins@ia.usda.gov o e 515-577-0904 Annette Mansheim Rebuild Iowa Office Annette.Mansheim@rio.iowa.gov 515-242-5544 Dennis McAllister Des Moines Water Works dmcallister@dmww.com 515-283-6230 Derryl McLaren Farmer Derryl@derrylmclaren.com 515-669-4652 Duane Sand Iowa National Heritage Foundation dsand@inhf.org 515-288-1846 Jean Eells, PhD E Resources Group jceells@wmtel.net 515-297-0701 Jennifer Filipiak The Nature Conservancy jfilipiak@TNC.org 515-244-5044 Jerry DeWitt Leopold Center jdewitt@iastate.edu MarkAckelson Iowa National Heritage Foundation mackelson@inhf.org Nate Bonnett Iowa State Association of Counties nbonnett@iowacounties.org 515-244-7181 Rob Middlemis-Brown USGS Iowa Water Science Center rgbrown@usgs.gov 319-358-3600 Scott Marler Iowa Department of Transportation Scott.Marler@dot.iowa.gov 515-239-1520 Steve Zimmerman Homeland Security & Emergency Management Dept Steve.zimmerman@iowa.gov 515-725-3275 Todd Bishop Iowa DNR Todd.Bishop@dnr.iowa.gov 515-238-6461 Tom Oswald Homeland Security & Emergency Management Dept thomas.oswald@iowa.gov 515-729-4593 11 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting Water Resources Coordinating Council Floodplain Subcommittee -Upland Work Group #3 Contact List Tom Oswald, Chair D a Iowa HSEMD tom.oswald@iowa.gov P o e;#~ ~'• ~~r 515-729-4593 Susan ludkins Josten Rebuild Iowa Office susan.judkins@rio.iowa.gov 515-242-5503 Cathie Graves -DALS cathie.graves@iowaagriculture.gov 515-281-5853 Hillary Olson Iowa Water Center holson0l@iastate.edu 515-294-7467 Jennfer Puffer Des Moines Water Works puffer@dmww.com 515-323-6218 Jeri Neal Leopold Center for Sustainable Agriculture wink@iastate.edu 515-294-5610 Jim Gillespie IDALS jim.gillespie@iowaagriculture.gov 515-281-7043 John Goode Monroe County Engineer jgoode@monroecoia.us 641-932-7123 John Myers NRCS john.myers@ia.usda.gov 515-323-2223 Kelly Smith DNR Private Lands Coordinator kelly.smith@dnr.iowa.gov 515-281-6247 Ken Tow Rebuild Iowa Office Kenneth.tow@rio.iowa.gov 515-281-4005 Kirk Siegle Producer/Iowa Corn Growers ksiegle@louisacomm.net 319-766-2509 Larry Weber University of Iowa tarry-weber@uiowa.edu 319-335-5597 Leah Maass Producer fammaass@netins.net 515-836-4781 Linda Kinman Des Moines Water Works kinman@dmww.com 515-283-8706 Paul Assman Crawford County Engineer cracoeng@frontiernet.net 712-263-2449 Rick Cruse Iowa Water Center rmc@iastate.edu 515-294-7850 Rick Robinson Iowa Farm Bureau Federation rrobinson@ifbf.org 515-225-5432 Steve Hopkins Iowa DNR stephen.hopkins@dnr.iowa.gov 515-281-6402 Witold F. Krajewski Iowa Flood Center Witold-krajewski@uiowa.edu 319-355-5231 12 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting Water Resources Coordinating Council Floodplain Subcommittee -Storm Water Work Group #4 Contact List . ~ Na e ~ De artment ., p~:. E"I . ~P'~o ems', .~ . Jessica Montana, Chair IDED Jessica.montana@iowalifechaing.com (515) 725-3124 Aaron Todd RIO Aaron.Todd@iowa.gov (515) 242-5299 Annette Mansheim RIO Annette.Mansheim@rio.iowa.gov (515) 242-5299 Bill Ehm IDNR William.ehm@dnr.iowa.gov (515) 281-4701 Chris Whitaker IARC cwhitaker@regionl2cog.org (712) 775-7811 Diane Foss IDED Diane.Foss@iowalifechanging.com (515) 725-3016 Doug Adamson RDG dadamson@rdgusa.com (515) 473-6373 Emily Piper IRWA emily80@mchsi.com (515) 202-7772 Hank Manning IDED Hank.manning@iowalifechanging.com (515) 725-3071 James Wiese HSEMD James.Wiese@iowa.gov (515) 725-3247 Jamie Cashman IGOV Jamie.cashman@iowa.gov (515) 281-0130 Jeff Berckes IDNR Jeff.Berckes@dnr.iowa.gov (515) 281-4791 Jeff Geerts IDED Jeff.geerts@iowalifechanging.com (515) 725-3069 Jennifer Welch SWCD jennifer.welch@ia.nacdnet.net (515) 964-1883 Jessica Harder Iowa League of Cities jessicaharder@iowaleague.org (515) 974-5312 Joe Griffin IDNR Joe.griffin@dnr.iowa.gov (515) 281-7017 John Peterson American Planning Association, Iowa Chapter jpeterson@ankenyiowa.gov (515) 963-3550 Julie Smith J.A. Smith Law jasmithlaw@mchsi.com 515-210-6616 Kay Mocha Pottawattamie County Kay.mocha@pottcounty.com (712) 328-5792 Mark Nahra Woodbury County mnahra@sioux-city.org (712) 279-6484 Megan Osweiler Iowa League of Cities meganosweiler@iowaleague.org (515)822-1314 Pat Sauer IAMU psauer@iamu.org (515) 289-1999 Patterson, Craig Professional Developers of Iowa craig@ialobby.com (515) 554-7920 Scott Ralston RDG sralston@rdgusa.com (515)208-0713 Tom Drzycimski County tdrzyci@co.cerro-gordo.ia.us (641) 421-3075 TonyToigo IDALS Tony.Toigo@lowaagriculture.gov (515) 281-6148 Wayne Gieselman IDNR Wayne.Gieselman@dnr.iowa.gov (515) 281-5817 Wayne Peterson IDALS Wayne.Petersen@lowaagriculture.gov (515) 281-5833 13 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting EXHIBIT 2 itlUYear Flt~odpEain 100Yfear i{bOY~r Uner+ct++ed ` ~ Encroached 'Q_ __ v - Floody sta~iout ~ ~ 1 5t~tidn Fringe F1oCdwdY _~ Frings (a) cuss section (b) Plari4r'et~w 14 "+ Fringe Fringe 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting EXHIBIT 3 -RECOMMENDATIONS PRIOR TO 2008 DISASTERS This document is a compilation of the recommendations made by the Iowa Watershed Task Force in 2001, the Iowa Water Summit in 2003 and the Iowa Watershed Quality Planning Task force in 2007. Recommendations are incorporated into Recommendation #1 of WRCC Work Group 3. ************************************************************************************ IOWA WATERSHED TASKFORCE. 2001 Goal: Develop a Framework for Enhanced Cooperation and Coordination Recommendations 1. Establish an on-going coordinating body to continue to address the watershed issues identified by this task force. Include similar representation from state, federal, and local agencies, nonprofits and commercial interests, as on the Watershed Task Force. Create a "home" for coordinating entity within the Iowa Department of Agriculture and Land Stewardship -Division of Soil Conservation. Specific services and/or functions provided by the water resources coordination body will include: • serving as a liaison and point of contact on watershed issues with key resource and service providers linking state and federal agencies with local watershed interests; • facilitating the connection and integration of programs/strategies currently done independently (example: wellhead protection and hazard mitigation); • collaborating on opportunities for watershed-related training, development of a watershed clearinghouse of information and resources and development of Geographic Information System resources; • building consensus on watershed issues among state, federal and local authorities; and • developing an annual update on watershed programs, reporting on the progress to address the recommendations in this Watershed Task Force and other priorities established by the coordinating body. 2. Conduct a statewide needs assessment, in cooperation with appropriate local and federal entities, to identify and quantify water resource problems and funding needs. Base on each 11-digit HUC watershed in the state. Parameters for the inventory will include: land use, water uses, population, major point 43 and non-point sources of pollutants, floodplain management issues, identification of drinking water sources, existing water resource management practices and costs of estimated remediation practices. Goal: Increase State Support for Watershed Protection Recommendations 1. Establish a legislative study committee to explore in more detail the specific needs for financial support for watershed-related programs and sources of funding that could be utilized beyond the state's General Fund. Higher levels of funding for water-related programs are critical to achieve the basic goals identified in this Task Force report, and to take better advantage of opportunities to leverage funds available from federal and other sources. Creative options that should be considered include additional mechanisms to charge fees based on polluting products or activities, credit trading, ausage-based tax added to water and sewer bills, a fraction of a percentage sales tax such as in Missouri, or aloes-interest revolving loan fund similar to the Clean Water Act State Revolving Fund that is now used for sewer infrastructure projects. 15 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting 2. Encourage state agencies with responsibilities for programs that impact the landscape, including the departments of transportation and economic development, to provide more active leadership and accountability in conducting programs consistent with principles of sound watershed and floodplain management. Positive examples at the state level will set the stage for positive actions by local governments and individuals. First steps should be to assist staff with additional training and to review laws and authorities that relate to watershed and floodplain management activities, identifying needed readjustments or changes so that watersheds become a primary organisational focus for doing business ratherthan an add-on issue. 3. Establish an ongoing, staffed watershed clearinghouse for data and grant information. All government programs that fall under the umbrella of watershed management would provide detailed project information to the clearinghouse, based on an established, consistent format (see Appendix 4: Program Description Template for a Watershed Clearinghouse). The recommended location for the clearinghouse would be Iowa State University Extension, based on the model of the Missouri Watershed Information Network. Practical tools for regional and local contacts and groups could include information such as: • GIS maps of watershed units at different hydrologic scales • Model of assessment, planning and evaluation worksheets • Examples of watershed action plans from Iowa or the region • Models for convening a group of representative stakeholders, with examples of different types of facilitation and surveys for landowner and residents • Template news releases for publicity • Data on water quality and quantity, and other issues identified by state coordination group • Lists of technical and financial assistance for watershed efforts 4. Support the statewide water quality monitoring plan, developed by the Iowa Department of Natural Resources (IDNR), with additional resources to move forward to finalize the plan and achieve priority goals, including meeting legislative requirements to provide credible data (see discussion in Section IV: Essential Tools for Watersheds). 5. Continue funding for GIS programs, as described by the Iowa Water Quality Initiative, and insure that local watershed organizations have free access and training to use computerized landscape information managed by the IDNR, the Iowa Geographic Information Council and other entities. Adequate staffing is critical to help people who do not have GIS technical resources or staff capacity. Establish a repository for GIS data produced for completed and on-going watershed projects, and link to the watershed clearinghouse. 6. Develop a sustainable, smart growth development initiative to address watershed goals, or consider expanding existing efforts like IDNR's "Rebuild Iowa" program that currently works with local communities primarily to address energy efficiency issues. Goal: Build Local Capacity for Watershed Initiatives Recommendations 1. Encourage and assist development of local watershed councils by providing state support and technical assistance. Local soil and water conservation districts will be the focal point for assistance, providing leadership and a point of contact for local watershed initiatives. 2. Revise current state watershed grant program guidelines to better support local watershed-oriented planning and implementation initiatives. Provide structure while allowing flexibility. Establish an ad-hoc committee that includes local watershed project coordinators to review procedures and consider items 16 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting such as development of standard evaluation format and/or procedures that will provide a "base" set of reporting requirements to reduce paperwork, improve consistency and allow more effective quantification of results and comparisons between projects. 3. Increase the emphasis on watershed planning in grant programs. Make resources available to build local capacity in communities or regions for planning-related activities, such as problem assessment, outreach and group facilitation. Groups may also benefit from legal assistance to utilize opportunities for organizing under existing "subdistrict" legislation that applies to lake and water districts, sanitary districts or soil and water conservation districts. Goal: Emphasize the Role of Watershed Efforts in Flood Hazard Mitigation Recommendations 1. Work cooperatively with all levels of government to fund development and periodic updating of a system of floodplain mapping that is standardized and available on geographic information systems so that information on flood hazards is available in every community. 2. Fund increased floodplain education for local governments. Provide incentives for county government to better enforce existing floodplain laws and to develop tighter restrictions on new development in floodplain areas that are particularly hazard-prone. 3. Strengthen procedures for conducting environmental review of economic development funding when projects are proposed in flood-prone areas. Appropriate, low-impact development should be encouraged, and commercial and/or residential development discouraged in those areas. Guidelines should be established by the statewide coordination body that include a reporting procedure to document review process and resulting decisions. 4. Continue working to strengthen coordination between planning efforts in the areas of hazard mitigation, economic development and watershed protection. Goal: Encourage Citizen Involvement Recommendations 1. Initiate a public outreach and marketing campaign to build on existing and past efforts to increase awareness and appreciation of watershed issues. Work closely with local and regional watershed leaders to develop. 2. Continue to encourage involvement by diverse stakeholders in developing and leading watershed projects. Include nonprofit organizations, commercial interests and interested individuals, along with representatives of state, local and/or federal agencies. Where appropriate, provide financial assistance to bring in neutral facilitators skilled in community development to help build capacity for citizen leadership and decision-making. Also, provide additional training for state and local agency staff in working effectively with the public and encouraging citizen participation. 3. Support education efforts with youth and adults that heighten awareness, develop understanding and support local engagement on watershed issues. Effective programs to support include the Iowa Envirothon and aquatic education programs for youth, and the IOWATER citizen water quality monitoring and Adopt-a-Stream programs that primarily involve adults. 4. Increase the emphasis on addressing local social and economic issues in watershed programs. 17 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting IOWA WATER SUMMIT. 2003 RECOMMENDATION -Develop a plan for building local capacity for watershed councils using principles set forward in the Watershed Task Force Report -Utilize existing authority under Iowa Code for watershed improvement. Optimize the ability to leverage additional resources at the local level. The Iowa Department of Agriculture and Land Stewardship, Soil Conservation Districts should provide the leadership to develop a funding coordination plan. (Drainage districts, watershed sub-districts, storm water utilities, 28E agreements, etc.) RECOMMENDATION Dedicated and sustainable state funding to protect water quality in Iowa by: -Increased priority ranking of Environment First Fund, -Re-direct sales tax collected on drinking and bottled water, -Utilize revenues from the lottery and develop an unending dedicated game focusing on Iowa's natural resources, -All fees and fines used to re-capture costs and reinvest in water quality in the affected area, and, -Expand remediation role of the Iowa Underground Storage Tank Fund to better protect groundwater and surface water. RECOMMENDATION -To receive Tax Increment Financing (TIF) or economic development grants the applicant must assure water quality protection and improvement where possible. RECOMMENDATION -Municipal wastewater permit fees should at least cover the cost of program administration. RECOMMENDATION -Accelerate research and demonstration projects for alternative methods of management and improvement of aging drainage infrastructure systems emphasizing agronomic, economic and water quality issues. Recommend the Governor appoint a state university to lead this effort and appoint an advisory board of stakeholders to develop a plan identifying work elements, time frames and costs. RECOMMENDATION -Streamline the SRF loan process and implement a continuous loan process for the Clean Water and Drinking Water State Revolving Loan Fund (SRF) by putting an experienced lending entity in charge of loans. -Appoint a permanent SRF advisory committee of stakeholders to assess the efficiencies and effectiveness of the program and make recommendations for processing reform and financing terms. -Maximize the leverage of EPA's capitalization grants. Loan programs should generate sufficient income to fund administration of the loan program and contribute to clean water programs. -Increase use of Clean Water SRF for non-point source programs -Increase use of Drinking Water SRF set-aside for source water protection -Assist Sponsored Projects (1J for watershed improvement under the Clean and Drinking Water SRF. RECOMMENDATION -The Governor has the leadership responsibility to coordinate funding, staff and programs to improve the effectiveness of all state programs with water resource related responsibilities. Therefore, the 18 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting Governor through Executive Order should insist on cooperation and coordination between all state agencies. The Governor should issue invitations to local, federal and public agencies, non-profit organizations and businesses to participate in addressing any resource impacting water quality and watershed management. -Once ordered the Governor with input from a stakeholder group will initiate, oversee, and implement a needs assessment and a clean water action plan. -Improve results based targeting of state resources for water quality. (The best outcome for the dollars invested.) RECOMMENDATION -The Governor, legislature and Iowa's Congressional Delegates have a responsibility to work for changes in federal funding and policy issues to better target Midwestern states water quality issues. -Develop a multi state coalition to lobby for changes in current and future federal water quality funding and policies -Work with appropriate federal agencies to accelerate technical and financial assistance for water quality issues in the Midwest. -Seek a special designation from the U.S. Environmental Protection Agency and the U.S. Dept. of Agriculture to act as a pilot project for water quality enhancement and improvement programs. The pilot project would include access to federal funds to target measurable, results-based watershed projects to reduce nitrogen and phosphorus in Iowa. -Within the Conservation Title of the current Farm Bill use all appropriate funding tools such as the Conservation Security Program to improve water quality. 19 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting WATERSHED QUALITY PLANNING TASK FORCE, 2007 1. Creation of a Water Resource Coordinating Council. The WRCC under the direction of the Governor is recommended with a common goal to develop an integrated approach to water resource management, and which recognizes the insufficiency of current approaches, programs, practices, funding and utilization of current funding programs. This approach seeks to overcome old polarities such as quantity versus quality, land versus water, the chemical versus the physical and biological, supply versus demand, political boundaries versus hydrologic boundaries and point versus non-point. This approach seeks to manage water comprehensively rather than compartmentally. The purpose of this recommendation is to coordinate programs, not to duplicate or supersede agency authorities and responsibilities. Funding Recommendation: None 2. Develop a Water Quality Research and Marketing Campaign. The task force recommends a marketing campaign be undertaken by public agencies and other organizations to rekindle the conservation ethic in all Iowans. Surveys indicate citizen's desire for improvement in water quality. Other surveys show that citizens don't understand the problems with local water quality. Funding Recommendation: $1 million for year one development 3. Larger (Regional) Watershed Assessment, Planning and Prioritization. The state should support creating, publishing and updating periodically a Regional Watershed Assessment (RWA) program at a larger watershed scale, such as the Hydrologic Unit Code (HUC - a federal term that delineates watersheds) 8 scale. There are approximately 56 HUC 8 size watershed units delineated in Iowa. A goal is to assess 11 HUC 8 size watersheds per year for 5 years to eventually cover the entire state. The Rapid Watershed Assessment tool used by Iowa NRCS, for example, is one assessment process that may be used. A regular review and update of these assessments should also be planned. Funding recommendation: $5 million annually 4. Smaller (Community-Based) Watershed Assessment, Planning, Prioritization and Implementation. Once a regional watershed assessment is completed at the HUC 8 scale, planned projects of a manageable scope can be implemented. Priority sub-watersheds at a HUC 12 or smaller scale can reasonably be recruited and provided more resources for planning. A sub-watershed plan should include objectives, a thorough local assessment of the physical, social, and financial resources of the watershed, an analysis of the alternatives, and an implementation plan that includes an evaluation process to measure results. Funding Recommendation: $5 million annually. Support for Smaller (Community-Based) Watershed Monitoring and Measurement. In addition to current support for water monitoring, the state should provide technical and financial support for locally-based watershed monitoring and measurement. This monitoring would be custom designed to provide information on essential water resource questions facing the community. Local communities would first be able to use this information to support enhanced planning, local data collection, and thus helping them identify priority areas to target limited resources. Funding Recommendations: $2.5 million annually. 20 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting 6. Wastewater and Stormwater Treatment Infrastructure. We all live in a watershed. Impacts to water quality come from a variety of sources, including both rural and urban, nonpoint and point sources. Challenges for point sources and communities can have a significant impact on watershed conditions from storm water and wastewater. Aging wastewater and combined sewer/storm water infrastructure issues are having negative impacts on water quality. Also, compliance with current and future water quality standards may be cost-prohibitive for many communities. Funding Recommendation: None. 21 9/18/09: Includes Changes from 9/15/09 WRCC Subcommittee Meeting EXHIBIT 4 PRELIMINARY LIST: STATUS OF PRIOR FLOOD PLAIN MANAGEMENT-RELATED LEGISLATION Compiled by Legislative Services Agency: 2002 SF 2145/hf2469 Water Qualtiy Improvements -- passed but not floodplain HCR 106 Water Quality Interim Study Resolution --water quality interim committee resolution but didn't pass SF 2213 Clean Water Revolving Loan --not floodplain and did not pass 2003 HF 525 Environmental Oversight Council -- passed house not senate and created a new Committee HF 495 Flooding Prevention Act --introduced in Local Government Committee but never passed 2004 HF 2120 Water Quality Interim Study --Did not pass HF 2104 Watershed Districts --Created a watershed task force. Did not pass 2005 HF 200 Clean Water Standards--WIRE was established and projects can included in floodplain SF 329 Water Quality Program --didn't pass HF 291 Water Qualtiy Protection Fund --didn't pass 2006 SF 2363 Water Quality Standards -- passed 2007 SF 495 Water Quality Inititiave --didn't pass SF 600 Water quality Program --didn't pass HF 626 Water Quality annual assessment -didn't pass 2008 HF 2672 Water Resource Management Appropriations Bill --didn't pass 2009 SF 367 --Floodplain Urban Standards --didn't pass HF 742 Flood Recovery Bill --didn't pass HF 268 Floodplain Map Plan ---didn't pass HF 759--Flood Insurance for Cities & Counties -- passed SSB 1069 -- Flood Impact Prevention --didn't pass SF 370 -- Flood Center Basin Study --didn't pass SF 458 -Storm Water Fees -didn't pass HF 756 -Floodplain Management Recommendations -passed 22