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 GenevaENVIRONMENTAL 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. Geneva____________________________________________ Lyle Krewson 6403 Aurora Avenue #3 Des Moines, IA 50322-2862 [log in to unmask] 515/276-8947 515/276-6844 - FAX ____________________________________________