Iowa Sierrans:

What follows are some notes from several interim meetings or other sources
that I thought might be of interest. Some are culled from minutes posted on
the Legislative webpages. They are since the earlier set I emailed back on
August 6, 1998.

In addition to the following, I did attend the second meeting of the
committee to draft rules implementing the Environmental Audit Law. They
have a draft and took them to the EPC for its September meeting. They will
be adopting them for First Notice publication as Administrative Rules.
There will be times for public comment and further EPC and ARRC action on
them.

Hope this is useful.
Lyle



ENVIRONMENTAL PROTECTION COMMISSION
August 17, 1998

Highlights of the meeting include the following:

Waste Management Assistance Division. Ms. Roya Stanley presented the
Commission with a Waste Management Assistance Division Communication
Strategy. Ms. Stanley stated that the intent of the strategy was to
publicize and educate the citizens of the state regarding the services of
the Waste Management Assistance Division.

Animal Feeding Operations. Mr. Allan Stokes and Mr. Wayne Farrand provided
a detailed summary of House File 2494 passed during the 1998 legislative
session relating to animal feeding operations. Mr. Stokes stated that
administrative rules relating to House File 2494 are in the drafting stage
and may be presented to the Commission for a notice of intended action
during the fall.

Administrative Rules. The Commission adopted final administrative rules
relating to the new and revised National Ambient Air Quality Standards
(NAAQS) for a measurement of particulate matter of less than 2.5 microns in
size (known as PM 2.5) and for ozone. The rules adopted by the Commission
adopt the federal NAAQS for PM 2.5 and ozone by reference. The Commission
added language which provided that state implementation of these standards
shall follow the federal implementation schedule. The Commission also
adopted final administrative rules relating to case-by-case maximum,
achievable control technology and relating to acid rain exemptions and
primary aluminum reductions plants NESHAP.

Next Meeting. The next meeting of the Commission is scheduled for September
21, 1998, at the Rathbun Fish Hatchery at Lake Rathbun.




COMMISSION ON URBAN PLANNING, GROWTH MANAGEMENT OF CITIES, AND PROTECTION
OF FARMLAND
Commission Co-Chairpersons: Senator Mary Lundby and Representative Russell Teig
August 12, 1998
4th Public Hearing - Davenport, Iowa

Overview. The Commission held its fourth town meeting in Davenport at City
Hall. Members in attendance included Senator Mary Lundby, Representative
Russ Teig, Mr. Timothy Reinders, and Mr. Gordon Mills who chaired the
public hearing. Other legislators in attendance included Senators Rife,
Tinsman, and Rittmer, and Representatives Holmes, Martin, and Kinzer.

Comments Received.

Persons attending the meeting expressed concern over the City of
Davenport's use of Iowa Code chapter 403, relating to urban renewal. The
Commission considered testimony regarding the condemnation of farmland by a
city in order for the land to be developed and whether condemnation laws
should be used for such purposes. The Commission also considered testimony
that annexation and condemnation are necessary tools for the orderly growth
of cities. The Commission considered testimony regarding the overuse of tax
increment financing laws by cities at a significant cost to the taxpayers
and the lack of necessary reporting requirements in such laws. The
Commission also considered testimony relating to one carefully placed tax
increment financing project in DeWitt, Iowa, which created considerable
growth opportunity for the city. The need for the reform of the urban
renewal laws was expressed. Reform considerations included limiting the
powers and increasing the accountability of cities under such laws. The
Commission considered testimony regarding the need for city and county
comprehensive plans and the need for cooperation between cities and
counties when growth is planned. Concerns were raised that the State should
not put itself at a competitive disadvantage in attracting and retaining
business and industry when it considers the reform of any urban planning
and land use laws. The Commission considered testimony suggesting a city
should first look to filling in vacated portions of the city before it
considers using farmland for development purposes.


COMMISSION ON URBAN PLANNING, GROWTH MANAGEMENT OF CITIES, AND PROTECTION
OF FARMLAND
August 19, 1998
5th Public Hearing - Des Moines, Iowa

Overview. Members in attendance included Senator Mary Lundby,
Representative Ed Fallon, Mr. Jay Howe, Ms. Elisabeth Hamin, Ms. Lori
Elliott, Mr. Timothy Reinders who co-chaired the public hearing, and Mr.
Timothy Zisoff who also co-chaired the public hearing. Representative Steve
Richardson was in attendance at the hearing. The Commission received
comments which included the following:

Des Moines Annexation Plans. Persons attending the meeting expressed both
concern and support for the City of Des Moines' plan for annexing land to
the east and south of the city. City officials noted the need for better
regional planning, the need for increasing the powers of the City
Development Board, and the essential need for and drawbacks of annexation,
zoning, and condemnation as planning tools. Mayor Preston Daniels also
urged the adoption of urban growth boundaries to encourage more careful
planning and development in cities. Opponents of the Des Moines annexation
plan criticized the City for the manner in which the annexation plans were
pursued. Opponents made suggestions including changing the property tax
structure to encourage redevelopment of vacant urban lots, revising the tax
increment financing laws, and sharing the state sales tax proceeds with
school districts, cities, and counties for infrastructure. Opponents
suggested that Iowa Code chapter 368, relating to annexation and city
development, was not intended to allow an annexation as large as Des Moines
is now proposing. Opponents also suggested annexation laws should be
revised to require a city to meet strict criteria before an involuntary
annexation could be undertaken. Dallas County. The Commission considered
testimony from Mr. Murray McConnell, a Dallas County official, regarding
the current annexation and land use situation in Dallas County. Mr.
McConnell stated that much prime agricultural land has been annexed,
probably more than the cities actually need for development. Mr. McConnell
noted that highway widening which is currently underway will only increase
the annexation problems. He suggested creating a role in the annexation
process for counties and create a form of regional review for land use.
Views of a Developer. The Commission considered testimony from Mr. Rick
Tollakson, a developer in Des Moines, who stated that developers are simply
responding to consumer demand. He stated that urban growth boundaries would
not be effective and, instead, the marketplace should just be allowed to
work. Mr. Tollakson also stated that buying farmland has never really been
a problem since he has mostly bought land from non-resident owners. Iowa
Department of Transportation. The Commission received testimony regarding
poor land use practices exercised by the Iowa Department of Transportation
(IDOT). One speaker suggested the legislature conduct an interim study on
IDOT condemnation procedures. Miscellaneous Issues. Persons attending the
meeting spoke in favor of adopting urban growth boundary legislation
similar to the legislation adopted in Oregon. The Commission considered
testimony regarding urban planning legislation recently adopted in both
Minnesota and Maryland. The Commission considered testimony regarding the
need for extensive land use studies, a moratorium on expansion of animal
confinement operations, and further restrictions on manure management. The
Commission considered testimony regarding possible legislation relating to
purchase of development rights.


COMMISSION ON URBAN PLANNING, GROWTH MANAGEMENT OF CITIES, AND PROTECTION
OF FARMLAND
September 2, 1998
6th Public Hearing - Griswold, Iowa

Overview. Members in attendance included Senator Mary Lundby and Mr. Jay
Howe who chaired the public hearing. Representatives Jack Drake and Dick
Weidman were also in attendance at the hearing. The Commission received
comments which included the following:

Loess Hills. Persons attending the hearing expressed concern over the lack
of preservation of the Loess Hills in western Iowa. Development of the
Loess Hills, removal of the soil from Loess Hills to be used as fill dirt,
and poor planning and building practices by the Iowa Department of
Transportation were cited as concerns. It was opined that zoning is not the
answer to the problem. Council Bluffs. City officials from Council Bluffs
and a representative from the Council Bluffs Chamber of Commerce provided
comments to the Commission. They stated that condemnation, annexation, and
tax increment financing are valuable planning tools and that these tools
should not be limited by adopting restrictions on their use. They stated
that tax increment financing is a particularly useful tool for Council
Bluffs due to its continual competition with Omaha for business, industry,
and population growth. They spoke in favor of comprehensive planning for
cities and counties. Open Space. The Commission considered written
testimony regarding one person's opinion that Iowans are becoming
increasingly concerned with preserving natural open space. The testimony
provided statistical and other support for the opinion that there is great
economic importance of greenspace in Iowa communities.


COMMISSION ON URBAN PLANNING, GROWTH MANAGEMENT OF CITIES, AND PROTECTION
OF FARMLAND
September 8, 1998
7th Town Meeting - Cedar Rapids, Iowa

Overview. The Commission held its seventh town meeting in Cedar Rapids at
Kirkwood Community College. Members in attendance included Senator Mary
Lundby, Representative Ed Fallon, Ms. Donna Robinson, and Ms. Lu Barron,
who chaired the town meeting.

Cedar Rapids Mayor. The Commission considered testimony by Cedar Rapids
Mayor Lee Clancey. Mayor Clancey stated that most development should occur
within city limits where density would be greater and reliability of
services would increase. She identified how sprawl hurts cities by blocking
city growth, raising environmental concerns, and increasing long-term
expenses to cities when annexation eventually occurs. She stated that
infill development is promoted in Cedar Rapids. She spoke in favor of
giving cities more authority to control sprawl at their fringe areas.

Annexation. Several issues related to annexation were raised. The
Commission considered testimony in favor of House File 2005 which was
debated during the 1998 legislative session and relates to the involuntary
annexation process. The Commission received testimony relating to the
significant financial costs a property owner located in a newly annexed
area is required to bear when annexation occurs. The Commission received
testimony that called for the repeal of 80/20 annexation which is one form
of voluntary annexation. The Commission considered testimony requesting
more thorough public disclosure of all annexations.

Comprehensive planning. The Commission considered testimony in favor of
comprehensive planning. The Commission considered testimony calling for
comprehensive plans to be binding on the political entity creating the plan
and testimony that such a measure would be too restrictive on a city.

Miscellaneous. The Commission considered the following testimony:

Concern that tax increment financing is no longer being used for purposes
on cleaning up run down property, but rather for promoting sprawl. A
presentation regarding the environmental effects associated with
development including the reduced availability of groundwater. A suggestion
relating to development and the use of corn suitability ratings. Criticism
of the use of Iowa Code chapter 28E agreements between cities for purposes
of annexation moratoriums. A suggestion for the use of an impartial third
party to value property for assessment purposes. A request that cities and
developers bear more of the costs related to development.


COMMISSION ON URBAN PLANNING, GROWTH MANAGEMENT OF CITIES, AND PROTECTION
OF FARMLAND
September 9, 1998
8th Town Meeting - Mason City, Iowa

Overview. The Commission held its eighth town meeting in Mason City at the
Mason City Public Library. Members in attendance included Senator Mary
Lundby, Representative Ed Fallon, Ms. Donna Robinson, Ms. Sally Puttmann,
Mr. Mark Ackelson, and Ms. Jill Knapp who chaired the public hearing.
Representative Dennis May was also in attendance at the hearing.

Comments. The Commission received comments which included the following:

Testimony calling for expanding the powers of the Community Development
Board, expanding areas covered by comprehensive planning, and requiring a
statewide land use plan. Testimony calling for property tax law amendments
designed to encourage building maintenance. The Commission considered
testimony calling for changes in annexation laws to make the annexation of
farmland more difficult. The Commission received testimony requesting
changes to allow cities to more easily merge. The theory behind the request
is that if cities merge and are not competing for land through annexations,
annexations will only occur when the time is right. Testimony in favor of
allowing laws relating to annexation and eminent domain to remain as they
are currently. The testimony provided that to do otherwise would cause
economic opportunities, especially in smaller cities, to be lost.




TASK FORCE TO STUDY IOWA'S SYSTEM OF STATE AND LOCAL TAXATION
August 20, 1998
Second of Five Meetings for 1998 Interim

The Task Force to Study Iowa's System of State and Local Taxation held its
seventh meeting on August 20, 1998. The Task Force received presentations
from member Gary Bilyeu on suggested Task Force recommendations involving
primarily property and sales taxes and from Larry Sigel, Legislative Fiscal
Bureau, on tax burden comparisons from the fifty states.

SUBCOMMITTEE REPORTS Sales and Use Tax Subcommittee. The Sales and Use Tax
Subcommittee was chaired by Senator Drake. The Subcommittee reported there
is consensus that no increase in sales tax is desired by the Subcommittee.
They also discussed the existing agricultural-related sales tax exemption.
They discussed the list of tax exempt items and agreed that that list needs
to be clarified. They also discussed the need for greater coordination by
the Department of Revenue and Finance in administration of the tax
exemptions. Income Tax Subcommittee. The Property Tax Subcommittee was
chaired by Senator Douglas. The Subcommittee discussed approaches for
simplification of the state income system. This included simplifying the
state income tax forms and reducing the number of income brackets. The
Subcommittee also discussed the Illinois income tax law which ties together
increases or decreases in income tax rates for corporate and individual
taxpayers. Property Tax Subcommittee. The Property Tax Subcommittee was
chaired by Representative Dinkla. The Subcommittee discussed options for
elimination of the homestead credit (all at once or a phase-in), with those
state revenues saved being spent on increasing the State's share of mental
health funding. In terms of that plan, they also discussed the possibility
of needing more money to lessen the impact on residential owners. The
Subcommittee also discussed eliminating the military tax credit with the $2
- $3 Million in State dollars spent on other programs benefiting veterans.
The Subcommittee also discussed Tax Increment Financing (TIF) in Urban
Renewal Areas. It was decided that further discussion would be on hold
until the League of Cities presents the results of their survey on TIFs.
Finally, the Subcommittee discussed allowing cities the authority to
negotiate or impose a fee for protective services for those
organizations/property which are currently exempt from paying property tax
(according to the League of Cities, government property, educational
institutions, or places of worship would still not be charged these fees).

Next Meeting. The next meeting of the Task Force is scheduled for
Wednesday, September 16th.




IOWA ADMINISTRATIVE RULES REVIEW COMMITTEE
September 8, 1998

ENVIRONMENTAL PROTECTION COMMISSION, Land recycling, ARC 8241A, 8/12/98
IAB, Notice.

Overview. In 1997 Iowa Acts, Senate File 528 (ch. 127), the "Iowa Land
Recycling and Environmental Remediation Standards Act", has created a
program for the clean-up of contaminated land and encouraging its
redevelopment. The statute is codified in Iowa Code chapter 455H.
Discussion. Under this legislation, incentives are established to encourage
competent persons to voluntarily develop and implement cleanup plans. The
reward for such efforts is a measure of limited liability and regulatory
closure, thus restoring at least some measure of the property's value. Any
person may enroll property in the land recycling program to reduce,
minimize, eliminate, clean up, control, assess, or monitor a release in
order to protect the public health and safety or the environment.
Participants must enter into an agreement with the department to reimburse
the department for actual costs in reviewing documents submitted as a part
of the enrollment of the site. The fee cannot exceed $7,500 per enrolled
site. All agreements must allow the department access to the enrolled site
and must require a demonstration of the participant's ability to carry out
a response action reasonably associated with the enrolled site. A site may
obtain a "no further action" classification, when the department determines
the participant has met all compliance standards applicable to the affected
area and the hazardous substances actually identified and evaluated, such
that no further response action is required. Except that a no further
action classification may be conditioned upon the continued maintenance and
effectiveness of any applicable institutional or technological control. A
no further action certificate is in a form recordable in the county real
estate records as provided in Iowa law. Action. The committee received no
public comment and took no action. Further review is anticipated when the
provisions are adopted in final form.




DOCUMENTS FILED WITH THE GENERAL ASSEMBLY
August 1998

DEPARTMENT OF TRANSPORTATION, notification of publication of the annual
sufficiency rating report showing the relative conditions of the primary
roads. This report is required by Iowa Code §307A.2(12). Received 08/28/98.
Citizens' Aide/Ombudsman, pursuant to Chapter 2C, Iowa Code, this office
submits Investigative Report 98-1, Investigation of the Department of
Natural Resources' response to water pollution complaints involving
Lynndana Acres Subdivision. (House is retaining full report in Chief
Clerk's Office). Received 08/18/98. Department of Natural Resources, annual
report titled "Energy Fund Disbursement Council Report to the Governor and
General Assembly," covering expenditures of Petroleum Violation Escrow
Funds through Fiscal Year 1998. Received 07/27/98. Department of Natural
Resources, Environmental Protection Division, Water Quality Bureau Drinking
Water Supply Section, Public Drinking Water Program 1997 Annual Compliance
Report June 1998. Received 07/15/98.
____________________________________________
Lyle Krewson
6403 Aurora Avenue #3
Des Moines, IA 50322-2862

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515/276-8947
515/276-6844 - FAX
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