# Environment



Iowa House passes pro-nuclear bill; Senate prospects unclear

After more than five hours of debate, the Iowa House on April 26 approved a bill to let MidAmerican Energy charge consumers for costs associated with a nuclear reactor it may or may not build in the coming decade. House File 561 passed 68 to 30. All Republicans present except two voted yes, joined by 12 House Democrats: Deborah Berry (district 22), Chris Hall (district 2), Minority Leader Kevin McCarthy (district 67), Dan Muhlbauer (district 51), Pat Murphy (district 28), Rick Olson (district 68), Brian Quirk (district 15), Mark Smith (district 43), Phyllis Thede (district 81), Andrew Wenthe (district 18), John Wittneben (district 7) and Mary Wolfe (district 26). The remaining 29 House Democrats voted against the bill. Two Republicans voted no: Guy Vander Linden (district 75) and Kim Pearson (district 42).

Details on the House debate and efforts to amend the bill are after the jump, along with some speculation about its prospects in the Senate and thoughts about the coalitions lobbying for and against it.  

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Branstad names Paul Trombino to run Department of Transportation

Governor Terry Branstad finally announced his choice to head the Iowa Department of Transportation today. Paul Trombino III has been serving as Bureau Director of Transit, Local Roads, Rails, and Harbors for the Wisconsin Department of Transportation. Before this year he was Region Operations Director of the Wisconsin DOT. After the jump I’ve posted the press release announcing Trombino’s appointment, which includes some details on his education and work experience. Trombino’s appointment is subject to Iowa Senate confirmation, but he is well qualified for the job and should not run into any trouble.

I hope that in his new position, Trombino will be able to target state resources toward repairing Iowa’s many deficient bridges and roads, as opposed to spending the lion’s share on new road construction.

I also hope he will help the governor see the benefits of expanding passenger rail in Iowa. Representing the Wisconsin DOT at a high-speed rail conference last year, Trombino depicted passenger rail as part of a “robust, diverse transportation system that meets the public need,” not something to be pursued instead of repairing state highways. (Wisconsin’s Republican Governor Scott Walker rejected federal high-speed rail funding shortly after taking office this year.) Passenger rail was a goal of former Governor Chet Culver’s administration, but Branstad has made clear that roads will be his top concern, funded with a higher gas tax if necessary. Branstad didn’t include any passenger rail money in his draft budget, although he hasn’t definitively rejected federal funds allocated last year to extend a rail link from Chicago to Iowa City. Rail advocates have been working on funding plans that would require certain local communities to cover part of future passenger rail subsidies.

Branstad announced most of his picks to lead state departments in November and December, but he delayed choosing a head for the Iowa DOT. Instead, he asked Nancy Richardson to stay on through the 2011 legislative session. Governor Tom Vilsack originally named Richardson to that position, and she was one of the few Vilsack department heads that Culver left in place.

Branstad’s administration is nearly complete, but he has a few other significant personnel decisions to make. Earlier this month the Iowa Senate rejected his choice to lead the Department of Human Rights and one of his appointees to the State Judicial Nominating Commission. Branstad also needs to fill one more vacancy on the state Environmental Protection Commission. He withdrew one of his nominees to that body after the Sierra Club’s Iowa chapter pointed out the governor’s choices would leave the commission with too many Republican members.

UPDATE: Branstad nominated Nancy Couser for the last open spot on the Environmental Protection Commission. She is a cattle feeder from rural Nevada who also serves on the Iowa Beef Industry Council.  

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Events coming up this week

Sometime this week the Iowa Senate will consider Senate File 390, the nuclear energy rip-off bill Bleeding Heartland discussed here and here. MidAmerican Energy, which would benefit from the bill, has given generously to Iowa legislators from both parties and to political action committees. Constituents need to urge senators to reject this bill, which would hurt consumers, or at least table it. MidAmerican is in only the first year of a three-year feasibility study on nuclear power in Iowa. The Senate switchboard number is (515) 281-3371, or you can e-mail your senator. The Sierra Club Iowa chapter created an easy e-mail form here and posted a four-page pdf with more background information: “MidAmerican Energy Company’s Misguided Pursuit of Nuclear Power: removing barriers, providing incentives, and skirting the existing regulatory process.”

The Iowa Natural Heritage Foundation is hiring a Land Projects Associate to “provide support for 40-50 active land protection projects.” Click the link for the job description and skill requirements. Applications are due May 2. The 125-acre Bernau Prairie in Kossuth County is one recent example of a completed INHF land protection project.  

The Women, Food and Agriculture Network is accepting nominations for the second annual “Sustainable Farming Mom of the Year” award. Click here to view the 2010 finalists and winner. Nominations are due by 5 pm central time on Friday, May 6.

Trees Forever is seeking Iowans age 25 or younger to serve on its Youth Advisory Council. Applicants may be in high school, college or out of school. The Trees Forever site has more information on the council’s role.

Details on lots of events coming up this week are after the jump. Please post a comment or send me an e-mail if you know of another public event that should be mentioned here.

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New Report: Iowa Losing Topsoil at Alarming Rate

(No worries, it's just priceless Iowa topsoil. - promoted by desmoinesdem)

A new report, which includes video images, shows that across wide swaths of Iowa our rich, dark agricultural soil is being swept away at alarming rates, which in some areas are 12 times higher than average soil loss estimates from national studies conducted by the U.S. Department of Agriculture’s Natural Resource Conservation Service.

More after the jump …

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Iowa Senate may reject two Branstad appointees (updated)

The Iowa Senate confirmed six of Governor Terry Branstad’s appointees to state offices and boards yesterday, but Democratic senators indicated that two of the governor’s picks may not receive the two-thirds vote needed in the upper chamber. Meanwhile, Branstad suggested at his weekly press conference that race may be a factor in opposition to Isaiah McGee as director of the Iowa Department of Human Rights.

Follow me after the jump for more on who was confirmed yesterday and the battles coming later this week.

UPDATE: On April 12 the Senate rejected McGee as well as William Gustoff, one of Branstad’s appointees to the state Judicial Nominating Commission. Senators confirmed Teresa Wahlert with two votes to spare and three members of the Environmental Protection Commission. Details on the April 12 votes are below.

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Events coming up this week

Earth Day is Friday, April 22, but festivals, community clean-ups and related celebrations begin this week in many Iowa communities. Details on those and other events are after the jump. As always, please post a comment or send me an e-mail if you know of another public event that should be included on this calendar.

While I was checking the Iowa Environmental Council’s calendar and April newsletter, I learned that earlier this year, the American Institute of Architects, Iowa Chapter office in Des Moines became the U.S. Green Building Council first LEED Platinum certified project in Iowa. Congratulations to the AIA for demonstrating how to do an office renovation in an eco-friendly way. Click here to learn more about the project’s sustainable features.  

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Weekend open thread: Tax day approaches

Federal income tax returns are due this Friday, April 15 make that next Monday, April 18. This week the IRS released a list of 12 common tax scams.

If House Republicans get their way, taxes on the wealthiest Americans will fall further in the coming years, while government programs benefiting lower-income groups will be slashed. House Budget Committee Chairman Paul Ryan’s blueprint is like a caricature of Republican Reverse Robin-Hood-ism. And it wouldn’t reduce the deficit by nearly as much as Ryan claims.

The Pew Charitable Trusts recently published a report on Who’s Winning the Clean Energy Race? (pdf). Not the United States, unfortunately. We have slipped to third place globally, behind China and Germany. But the American Wind Energy Association’s annual report shows that within the U.S., Iowa ranks first for percentage of a state’s electricity generated from wind power (about 15 percent). (Texas still has nearly three times as much installed wind capacity as Iowa.) Think how much more clean energy we could be producing if we’d adopted an ambitious renewable energy standard at the state or federal level during the past decade, or if Iowa’s utility companies had embraced renewable energy production a decade or two ago. MidAmerican is adding turbines to several of its existing Iowa wind farms, but for years the company resisted wind power and lobbied against legislation aimed at ramping up wind energy production.

This is an open thread. What’s on your mind this weekend, Bleeding Heartland readers?

UPDATE: Sidney Lumet died on Saturday. I didn’t know he never won an Oscar for best director, despite making so many good movies: “12 Angry Men,” “Serpico,” “Network,” “Dog Day Afternoon,” and “The Verdict.”

SECOND UPDATE: Nice tribute to Sidney Lumet by Dennis Hartley, with a few extra comments from Digby.

Events coming up this week

Public hearings are scheduled today through Thursday in Council Bluffs, Bettendorf, Cedar Rapids, and Des Moines to discuss the Legislative Services Agency’s redistricting proposal. Citizens will be able to listen in to some of those hearings at other locations around Iowa. Times and places are after the jump, along with details on other events taking place around the state this week.

As always, post a comment or contact me by e-mail if you know if a public event worth adding to this calendar.

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Iowa redistricting timeline and events coming up this week

Political junkies anxiously await the Legislative Services Agency’s release of a new Iowa map at 8:15 am on March 31. To learn more about the process, check out the “Introduction to Redistricting in Iowa” from the state legislature’s official website. The Legislative Guide to Redistricting in Iowa (pdf) contains many details on the history of redistricting and legal requirements governing the process for drawing new maps. Here’s a timeline of what to expect during this process.

March 31: The Legislative Services Agency will deliver a congressional and legislative redistricting plan to both chambers of the General Assembly (the law requires this to be done by April 1).

April 4-7: The Temporary Redistricting Advisory Commission must “schedule and conduct at least three public hearings in different geographic regions of the state and to issue a report to the General Assembly summarizing the information and testimony received.” This year the commission scheduled four public hearings, one for each Congressional district. Locations and times of public hearings scheduled for April 4-7 are at the end of this post.

April 13: The commission must then report to the legislature on the input from public hearings, no later than two weeks after the Legislative Services Agency submitted the plan.

Second half of April: The Iowa House and Senate must bring a redistricting bill to a vote “expeditiously” but no sooner than three days after receiving the Temporary Redistricting Advisory Commission’s report. The map receives an up or down vote; lawmakers cannot amend it during this stage of the process.

Late May or early June: If the Iowa House or Senate rejects the first redistricting plan, or Governor Terry Branstad vetoes it, the Legislative Services Agency has 35 days to submit a second plan to the legislature. “The second plan must be prepared in accordance with the reasons cited, if any, by the Senate or the House by resolution or the Governor by veto message, for the failure to approve the first plan, as long as the reasons do not conflict with any redistricting standard provided by the Code.” No public hearings are required on the second redistricting plan. The Iowa House and Senate must wait at least seven days after it has been submitted to vote on it, and again, no amendments are allowed. Branstad would have to call a special session of the legislature for this, since the Iowa House and Senate are expected to adjourn for the year in early May.

Late summer: If either chamber of the legislature or the governor rejects the second plan, the Legislative Services Agency is required to submit a third map within 35 days of when the second plan was rejected. No public hearings are required. The legislature must wait at least seven days to vote on the third plan, which can be amended like an ordinary bill. However, the Republican-controlled Iowa House and the Democratic-controlled Iowa Senate would probably find it difficult to amend the map to a mutually agreeable form.

September: If no consensus is reached on a third map, or Branstad vetoes a map approved by the legislature, the Iowa Supreme Court would take responsibility for drawing a valid map and would have to complete the process by December 31. If the legislature enacts a plan that is successfully challenged in the Iowa Supreme Court, the seven justices would take over the process of drawing a new apportionment plan. They would have 90 days from the date of their ruling striking down the map to complete the process.

The Des Moines rumor mill says politicians in both parties are wary of letting the Iowa Supreme Court draw political lines for the next decade. In all likelihood state legislators and the governor will sign off on either the first or the second map offered by the Legislative Services Agency. UPDATE: Citing unnamed Republican and Democratic insiders, Cityview’s Civic Skinny predicts the first map will be rejected “no matter how fair and how close to perfect it is,” but legislators will “avoid a third map that could conceivably be defeated.”

After the jump I’ve posted details on many events going on around the state this week. Scroll to the bottom to find out where and when the public can comment on the new Iowa map between April 4 and 7.

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Iowa House Democrats afraid to stand up to Big Ag

Although the 60-40 Republican majority leaves Iowa House Democrats few opportunities to block legislation, the Democratic caucus has taken a high-profile stands against some GOP proposals this year. House Democrats spoke passionately against preschool cuts in the first major bill of the 2011 session. Democrats fought the GOP’s bill to restrict collective bargaining at public rallies, all night in the House Labor Committee and for days on the House floor. The ranking Democrat on the House Appropriations Committee spoke out against the GOP’s income tax cut bill, and Democrats tried to redirect that proposal toward middle income Iowans.

In contrast, House Democrats have made little noise about bills that elevate the needs of agribusiness over the public interest. Earlier this month, nearly a quarter of the Democratic caucus voted to protect factory farms from undercover recordings to expose animal abuses. I saw no public comments from House minority leaders opposing that bill, which may well be unconstitutional.

Last week state representatives approved House File 643, which transfers several water quality responsibilities from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship. After minimal floor debate, seven Democrats voted with all the Republicans present for a bill that would impair efforts to limit water pollution. I saw no public comments or press releases from House minority leaders criticizing the bill or decrying its passage.

Follow me after the jump for more on House File 643 and its implications.

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Events coming up during the next two weeks

The days are getting warmer and longer, early wildflowers are starting to come up, and two of my favorite spring events in Iowa are happening the next two weekends. The Planned Parenthood spring book sale starts this Thursday and continues through Monday at the State Fairgrounds (4H building). This semi-annual sale supports the education and community outreach programs of Planned Parenthood of the Heartland, covering most of Iowa and part of Nebraska. Come Thursday night or Friday for the best selection, Sunday or Monday for the lowest prices.

The sixth annual Natural Living Expo will be held April 2 and 3 at the Polk County Convention Complex in Des Moines. This free event showcases more than 100 natural and/or environmentally friendly Iowa businesses and community organizations. I’ll be helping staff the tables for a couple of non-profits, but I always look forward to browsing during my break times.

Like many in the Bleeding Heartland community, I’m excited to see the new map of Iowa political boundaries, which the Legislative Services Agency will release on March 31. The LSA will hold public meetings around the state on April 4 to discuss the proposed map.

Details on those events and much more are after the jump. As always, please post a comment or send me an e-mail if you know of an event that should be added to this calendar.

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IA-01: Braley seeks more ag power over environmental rules

Representative Bruce Braley (D, IA-01) has introduced a bipartisan bill to put more people “with agricultural backgrounds” on the Environmental Protection Agency’s Science Advisory Board. The full press release from Braley’s office is after the jump. Excerpt:

“Our farmers must have a voice when it comes to their life’s work,” said Congressman Braley. “This bill will give them a chance to bring some common sense to EPA regulations that have an effect on them every single day.”

The EPA Science Advisory Board provides analysis and recommendations for EPA regulations and other technical matters that often impact agriculture. Farmers have become increasingly concerned that EPA decisions are creating unnecessary and undue economic hardship. For example, proposals to regulate dust on farms have raised concerns. Braley recently voted to protect Iowa farms from these burdensome federal dust regulations.

I don’t know the details on the proposed dust rules. U.S. Secretary of Agriculture Tom Vilsack has spoken with EPA Administrator Lisa Jackson about the issue and has urged farmers not to worry about excessive regulation of dust clouds on farms.

From where I’m sitting, it’s a bad time for Congress to pick on the EPA Science Advisory Board. While Braley implies EPA regulations are lacking in “common sense,” I see an agency that has recently backed off from protecting public health in order to appease certain industries and political opponents.

Here in Iowa, the last thing we need is another politician arguing that environmental regulations threaten farmers. Iowans with agricultural backgrounds have long been well represented on environmental regulatory and advisory bodies in this state. Now our Republican governor has handed over the state Environmental Protection Commission to agribusiness advocates and may move all water quality and monitoring programs to the agriculture department, something that hasn’t been done anywhere else in the country. Braley doesn’t seem too aware of the relationship between agricultural pollution and Iowa’s water quality problems; last year he supported a proposed expansion of a Scott County hog confinement despite evidence that the operator had previously violated manure discharge rules.

Braley’s press release names several agricultural groups supporting his new legislation. Perhaps this bill will help bolster his position as a voice for Iowa farmers. He lost most of the rural counties in his district in the 2010 election (pdf), and Iowa’s forthcoming four-district map will add more rural counties to the first Congressional district.

Braley has long championed the biofuels industry. He received the Iowa Corn Growers Association endorsement last year and won praise from the Renewable Fuels Association last month for “raising awareness about the anti-ethanol, anti-fuel choice agenda of some members of Congress.” (Braley clashed with Republican Representative Tom Latham (IA-04) over an amendment to confirm the EPA’s power to implement the Renewable Fuels Standard.) However, the Iowa Farm Bureau didn’t endorse a candidate in IA-01 last year. Although the American Farm Bureau supports Braley’s new bill on the EPA Science Advisory Board, I doubt the Iowa Farm Bureau would back him in 2012, especially if redistricting pits him against Latham. Braley voted for the 2009 climate change bill that the Farm Bureau strongly opposed and helped to bury in the Senate.

Incidentally, Representative Leonard Boswell (IA-03) was among the House Agriculture Committee Democrats who lobbied successfully to weaken the climate change bill’s impact on agriculture. I don’t recall Braley getting involved in that fight.

Share any relevant thoughts in this thread.

UPDATE: On March 16 Braley and Boswell jointly introduced an amendment to preserve federal funding for “local governments and organizations to purchase and renovate foreclosed properties for resale in rural communities.” The press release on that amendment is after the jump.

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Branstad gives business more leverage against new regulations

Governor Terry Branstad’s latest executive order gives businesses and their advocates new opportunities to pre-empt government regulation of their activities. The governor’s spin on the new order presents it as a way to meet his administration’s job-creation goals:

“Executive Order Seventy-One will ensure that state government’s eyes are affixed on job creation, retention and development when issuing rules and regulations,” said Branstad. “This rule making process will assist in our administration’s goal of creating 200,000 new jobs and putting the roughly 106,000 unemployed Iowans back to work.”

The executive order will identify policies that hurt jobs before they impact job retention and development. […]

“As we travel the state we have heard Iowans voice their concerns over the burdens of bureaucracy that fails to understand the relationship between excessive regulation and job creation,” Branstad added. “Executive Order Seventy-One encourages a job-friendly environment as we build a strong foundation for the future.”

I’ve posted the full text of Executive Order 71 after the jump. It requires all government agencies to prepare a “jobs impact statement” before adopting any new rules and regulations, and to “minimize the adverse impact on jobs and the development of new employment opportunities before proposing a rule.” Furthermore,

Each Agency shall accept comments and information from stakeholders prior to the Jobs Impact Statement. Any concerned private sector employer or self-employed individual, potential employer, potential small business, or member of the public is entitled to submit information relating to Jobs Impact Statement upon a request for information or notice of intended action by a Department or Agency.

So, the governor is instructing agency employees to make “jobs impact” a greater consideration than other public-interest concerns (for example, reducing air pollution that causes life-threatening and costly illnesses, or restricting lending practices that trap consumers in cycles of debt). Furthermore, agency employees need to hear input from “stakeholders” (businesses and business owners) when drafting the jobs impact statements. Also, certain sectors receive privileged status:

The analysis in the Jobs Impact Statement should give particular weight to jobs in production sectors of the economy which includes the manufacturing, and agricultural sectors of the economy and include analysis, where applicable of the impact of the rule on expansion of existing businesses or facilities.

The likely outcome is that “doomsday scenario” analysis from advocacy groups like the Iowa Association of Business and Industry or the Iowa Farm Bureau Federation will now carry new credibility as part of the official “jobs impact statement” issued by state agencies. Any potential rule that manufacturers or agricultural operators view as too “burdensome” will be discarded, regardless of how many other Iowans might benefit.

For as long as I can remember, industry trade groups and lobbyists have exaggerated the potential jobs cost of regulations ranging from the Clean Air Act to the Americans with Disabilities Act. Meanwhile, no one is calculating the economic impact of, say, preventable respiratory illnesses in communities with high levels of particulate matter in the air, or making Des Moines Water Works customers pay to clean up pollution agricultural producers create in the Raccoon River Watershed.

Executive Order 71 dovetails with other recent Branstad efforts to increase business leverage against government regulations. All four of his appointees to the Environmental Protection Commission have close ties to agribusiness. The governor is also leaning toward moving Iowa’s water monitoring and water quality protection programs from the Department of Natural Resources to the Iowa Department of Agriculture and Land Stewardship.

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Branstad stacks environmental commission with agribusiness advocates

Governor Terry Branstad announced more than 200 appointees to various state boards and commissions yesterday. He named Dolores Mertz, Brent Rastetter, Eugene Ver Steeg, and Mary Boote to four-year terms on the Environmental Protection Commission.

Mertz retired last year after more than two decades in the Iowa House. She was the most conservative House Democrat and chaired the Agriculture Committee for four years. She was a reliable vote against any attempt to limit pollution from factory farms and regularly assigned such bills to subcommittees that would bury them. Her sons own large hog farms and have been cited for several environmental violations. She also earns income from renting farmland to those operations. On the policy side, last year Mertz fast-tracked a bill that would have undermined new rules on spreading manure over frozen and snow-covered ground. She pushed (unsuccessfully) for a bill that would have given landowners until 2020 to comply with regulations passed in 1997 to prevent water contamination from agricultural drainage wells. Mertz has spoken of her “passion” to advocate for agriculture.

Brent Rastetter gave Branstad’s gubernatorial campaign at least $30,000. He is the owner and CEO of Quality Ag Construction, a company he and his brother Bruce Rastetter created in 1992. Quality Ag Construction’s market niche has been building hog confinement facilities. UPDATE: It’s also worth noting that Bruce Rastetter built a business empire in large-scale hog production and later ethanol. Groups representing agribusiness and biofuels producers are suing the Environmental Protection Commission and the Department of Natural Resources over water quality protection rules.

Ver Steeg was first named to the Environmental Protection Commission by Governor Chet Culver in 2008 for the position on the nine-member body that must be filled by “an active grain or livestock farmer.” Ver Steeg owns a hog farm and is a past president of the Iowa Pork Producers Association.

Boote is a “longtime Republican activist” who founded and runs an organization called Truth About Trade and Technology. The organization’s mission is to “support free trade and agricultural biotechnology.” It is primarily funded by “U.S. agribusinesses, farm organizations and individuals.” Boote has served as executive director of Truth About Trade and Technology for the past decade, so her income depends on the business organizations supporting the group.

Many in the environment-minded community criticized Culver in 2007, when he replaced four strong members of the Environmental Protection Commission with two people who had background in conservation and two who had close ties to agribusiness. Culver later named other supporters of protecting natural resources to the EPC, notably Shearon Elderkin and Carrie La Seur.

I don’t see any balance in Branstad’s appointees. That doesn’t bode well for the future work of the Environmental Protection Commission, charged with providing policy oversight over Iowa’s environmental protection efforts.

After the jump I’ve posted the Iowa Citizens for Community Improvement’s statement on the new EPC appointees. Iowa CCI has sought to monitor compliance with new rules on spreading manure over farmland during the winter.  

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A simple way to make Iowa's bad water quality worse

Signs of Iowa’s poor water quality are not hard to come by. Our state has more than 400 “impaired waters.” The Des Moines Water Works has the largest nitrate removal system in the world, because “the Raccoon River has the highest average nitrate concentration of any of the 42 largest tributaries in the Mississippi River Basin.” Even so, the Water Works sometimes struggles to handle high levels of blue-green algae (cyanobacteria) in the Raccoon River, forcing the water treatment facility to draw from a secondary source. Iowa watersheds are also a major contributor to the "dead zone" in the Gulf of Mexico, and the nutrients from “Nitrogen and phosphorus pollution from commercial fertilizers and animal manure from farmland were the biggest contributing sources” of the excess nutrients that cause the dead zone.  

Despite those facts, Governor Terry Branstad and many state legislators have claimed the Iowa Department of Natural Resources takes too tough a stand in enforcing pollution rules. Branstad’s draft budget cut funding for the DNR. The department was a frequent punching bag at Republican-led forums around Iowa last month, designed to spotlight supposedly burdensome regulations on businesses.  

Branstad has expressed hope for a “change in attitude” at the DNR. He sent a strong signal by appointing Roger Lande as the new DNR director. Lande is a former head of the Association for Business and Industry and a partner in a Muscatine law firm that has represented the Iowa Farm Bureau as well as corporations like Monsanto.

Announcing Lande’s appointment, Branstad said,

“I can think of no one better to be a steward of Iowa’s precious natural resources than Roger Lande,” said Gov.-elect Branstad. “Roger and his family have long been champions of conservation of Iowa’s rivers, woodlands, greenways, prairies and trails and I am confident that Roger will excel in his new role as head of Iowa Department of Natural Resources.”

Apparently Branstad has now thought of someone better than Lande to handle water quality programs and Clean Water Act compliance: Iowa Secretary of Agriculture Bill Northey. Yes, even though runoff from conventional agriculture is a leading cause of Iowa’s poor water quality, Branstad thinks the Iowa Department of Agriculture and Land Stewardship (IDALS) might be better-suited to handle water monitoring and protection than the DNR. Some Iowa House Republicans are pushing House Study Bill 180, which would transfer the same authority to IDALS. Unfortunately, it won’t be enough to stop this measure in the Iowa House or Senate, because Branstad has the power to transfer functions to Northey’s agency without enabling legislation.

After the jump I’ve posted background on this issue from Iowa Rivers Revival and the Iowa Environmental Council, as well as contact information for state legislators and the governor’s office. The Iowa Environmental Council posted a link to their action alert here.

Iowa already does too little to limit water pollution. If Northey is put in charge of protecting water quality, get ready for more impaired waters and major algae blooms. Northey marches in lockstep with the Iowa Farm Bureau Federation, one of three plaintiffs in a state lawsuit seeking to nullify the most significant water quality rules adopted in Iowa during the past decade.

In related news, the American Farm Bureau Federation has filed a federal lawsuit to stop the Environmental Protection Agency from limiting water pollution in the Chesapeake Bay.

The farm lobby has made it clear it sees the cleanup effort as a harbinger of more far-reaching EPA requirements across the country, including in the Mississippi River basin, where chemical runoff from industrial farms is swept to the Gulf of Mexico. […]

“This new EPA approach will not end with the Chesapeake Bay,” Bob Stallman, the Farm Bureau’s president, said in an address early this month. “EPA has already revealed its plan to follow suit in other watersheds across the nation, including the Mississippi watershed. That is why our legal effort is essential to preserving the power of the states – not EPA – to decide whether and how to regulate farming practices in America’s watersheds.”

Share any relevant thoughts in this thread.

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Events coming up this weekend and next week

Next Friday is “funnel” day at the Iowa legislature; with a few exceptions, all bills that haven’t been approved by at least one committee by March 4 are dead for the 2011 session. The coming week is therefore a particularly important time to contact your legislators about issues important to you. I believe lawmakers find phone calls more difficult to ignore than letters and e-mails, but by all means make contact in writing if that’s how you prefer to communicate. While contacts from their own constituents are the most meaningful, lawmakers often pay attention to contacts they receive from Iowans outside their districts too.

Iowa House Majority Leader Linda Upmeyer used to lobby for the Iowa Nurses Association before she was elected to the legislature in 2002. A few years ago she wrote up some helpful hints for persuading lawmakers, which I posted here.

Details on a few lobby days and many other events are after the jump. As always, please post a comment or send me an e-mail to let me know about something going on that should be on this calendar.  

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Iowa House sends heavily amended spending cut bill to governor

House File 45 heads to Governor Terry Branstad’s desk today after the Iowa House approved the “deappropriations” bill by a 95 to zero vote. The bill was the top legislative priority for House Republican leaders, but the Democratic-controlled Iowa Senate eliminated many of its controversial provisions last week. The full text of House File 45 is here, and the complete bill history is here. The Senate Journal for February 17 contains roll calls for votes on House File 45 and various amendments (pdf file). The final Senate version of House File 45 passed with 48 yes votes. First-term Republican Senator Mark Chelgren voted against the bill, and Republican Senator Sandy Greiner was absent.

Thanks to the Senate amendment, state funding for preschool, family planning, passenger rail, smoking cessation programs, and the core curriculum live to fight another day in the Iowa legislature. So do the Power Fund, the Office of Energy Independence, and the Grow Iowa Values Fund, all economic development programs long targeted by statehouse Republicans.

In addition, the Senate removed language from House File 45 that would have reduced funding for state universities, area education agencies, land acquisitions by the Department of Natural Resources and the Resource Enhancement and Protection fund.

The Senate’s version of House File 45 also did not include language creating a “tax relief fund” that would have collected surplus revenues after state reserve funds were filled.

After the jump I’ve posted an overview compiled by the Iowa House Democratic research staff on “major items eliminated” by the Senate amendment to House File 45. I’ve also listed some other significant points of divergence between the Senate and House versions of this bill, as well as key points on which the Senate left House File 45’s language intact.

Finally, I’ve posted the House Democratic research staff’s explanation of language that would create searchable databases on the state budget and tax rates.  

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Events coming up this week

The Iowa Department of Natural Resources holds more public meetings this week to discuss water quality standards. A few days later, Republican legislators continue their series of forums around the state to bash government rules and regulations that are supposedly too burdensome for businesses. Details on those and other events are after the jump.

As always, please leave a comment in this thread or contact me at desmoinesdem AT yahoo.com if you know of an event that should be mentioned here.

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Environmental groups intervene in lawsuit on water quality rules

The Iowa Environmental Council, Sierra Club and the Chicago-based Environmental Law and Policy Center are intervening in a lawsuit seeking to throw out new water quality rules for Iowa. The State Environmental Protection Commission approved the “antidegradation” rules in December 2009, and the Iowa Department of Natural Resources adopted the rules last year. Immediately following the U.S. Environmental Protection Agency’s approval of the rules, the Iowa Farm Bureau Federation, Iowa Renewable Fuels Association and Iowa Water Environment Association sued, claiming two EPC members should not have been able to vote on the rules, and that the rules violate an Iowa ban on environmental regulations that are stricter than federal standards. The Iowa Attorney General’s Office is representing the Department of Natural Resources and the Environmental Protection Commission in the lawsuit.

The Iowa Environmental Council, Sierra Club and Environmental Law and Policy Center sought to intervene to ensure that the antidegradation standards will not be relaxed. On February 3, a Polk County district judge approved the groups’ request, saying “the applicants for intervention are environmental groups that have been active in the administrative process and it would be more than beneficial to have their input as intervenors in this case.” After the jump I’ve posted an IEC press release containing more background information.

UPDATE: From an IEC action alert on February 8:

Once again, groups that represent wastewater dischargers are urging legislators to take action to eliminate or weaken Iowa rules that protect water quality.

The Iowa League of Cities and the Rural Water Association are asking lawmakers, who serve on the Senate Natural Resources and Environment Committee, to repeal Iowa’s anti-degradation rules. Anti-degradation rules are required by the federal Clean Water Act and are designed to stop further degradation of the rivers, streams and lakes.

Please contact the Legislators who serve on this committee to let them know how important these rules are to protect Iowa’s waters.

Click here for a list of committee members and here for background information and a link to send a letter to lawmakers.

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Events coming up during the next two weeks

A busy week at the Iowa legislature kicks off Monday evening with what’s sure to be a packed Iowa House hearing on a constitutional amendment to ban legal recognition for same-sex relationships. Groups supporting conservation of Iowa’s natural resources have several rallies and lobby days planned during the next two weeks. Those and other event details are after the jump. Please post a comment or send me an e-mail if you know of an event that should be included on this calendar.

Yet another winter storm is heading for Iowa this week, but spring rains aren’t too far off. Gardeners and anyone who cares about conserving water and reducing runoff may be interested in a sale of rain barrels (all repurposed to keep waste out of landfills). Proceeds benefit the non-profit 1000 Friends of Iowa, specifically to “support the development of an educational exhibit which focuses on land use and water as it relates to run-off from non-porous surfaces as well as to bring attention to the many uses for collected rain water.” Those uses include watering gardens, washing cars and general housecleaning. Click here for more information about the rain barrels and here to order by February 11.

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Events coming up this week

Highlights from this week’s calendar include the Iowa Citizens for Community Improvement lobby day, the Iowa Bicycle Summit, the Women, Food and Agriculture Network’s annual conference, a “Hope for the Hungry” workshop in Des Moines, and the public meetings to discuss a new walkable neighborhood in central Iowa City as well as a possible bird protection area at Okoboji.

Event details are after the jump. Please post a comment or send me an e-mail if you know of something worth including on this calendar.

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Next phase begins in battle over Iowa spending cuts

The Iowa House approved a major “deappropriations” bill, House File 45, on January 19 by a party-line vote of 60 to 40. Republican leaders fast-tracked what they call the Taxpayers First Act, which passed the House Appropriations Committee on the third day of the 2011 session. The bill would cut dozens of programs while increasing spending in a few areas. In addition, $327.4 million from this year’s surplus revenue would go into a new “Tax Relief Fund,” instead of being used to help close the projected budget gap for fiscal year 2012. This bill summary (pdf) lists the budget cuts and supplemental appropriations in House File 45. Click here for the full bill text.

Although the majority of speakers at a January 18 public hearing opposed the bill, and organizations lobbying against the bill outnumber those that have signed on in support, the House Republicans passed the bill with few significant changes. Democrats offered many amendments as floor debate went late into the evening on January 19, trying to save funds for the statewide voluntary preschool program, passenger rail, smoking cessation programs, and sustainable communities, among other things. Representatives rejected almost all those amendments on party-line votes. This page shows what amendments were filed, and the House Journal for January 19 contains the roll call votes.

House File 45 now moves to the Iowa Senate, which has a 26-24 Democratic majority. Democratic senators are likely to back increased expenditures for mental health services and indigent defense while opposing many of the spending cuts. After the jump I take a closer look at some of the most controversial provisions in House File 45.

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Events coming up during the next two weeks

Tuesday is shaping up to be the big day in Iowa politics this week, with a special election to fill a state Senate seat and a public hearing on the first bill to clear a House committee during the 2011 session.

Details on those and other events are after the jump. Activists and politicians, send me your public schedule so I can add the information to these calendars.

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Iowa House Appropriations Committee passes first budget bill

The Iowa House Appropriations Committee passed House Study Bill 1 on January 12, by a party-line vote of 15 to 10. Republicans call the bill the “Taxpayers First Act” and claim it would save the state more than $500 million over three years, while refunding some money to taxpayers and allocating an extra $25 million for mental health services over the next 18 months. As Bleeding Heartland discussed here, the potential savings in the current budget year are far smaller. The Democratic-controlled Iowa Senate is unlikely to approve some of the big-ticket spending cuts, such as complete elimination of the voluntary preschool program for four-year-olds. The full text of the bill as introduced is here (pdf file). The Legislative Services Agency analysis of how much various provisions would cost or save is here (pdf file).

Looking through the lobbyist declarations on HSB 1, so far only Iowans for Tax Relief, the National Federation of Independent Business, and the Washington-based 501(c)4 group American Principles in Action have declared support for it. The bill’s opponents include the Greater Des Moines Partnership, the Iowa City Area Chamber of Commerce, the Iowa Association of School Boards, the Iowa chapter of the National Association of Social Workers, major labor unions (AFSCME and the Iowa State Education Association), the State Bar Association, and many organizations that advocate for public health and environmental causes. Numerous lobbyists haven’t taken a position on the bill; influential organizations still undecided include the Iowa Farm Bureau Federation, the Iowa Association of Business and Industry, the League of Cities, the State Association of Counties, the Iowa Medical Society, the Cedar Rapids Chamber of Commerce, the Iowa Chamber Alliance, and the American Association of Retired Persons.

UPDATE: The “deappropriations” bill was renamed House File 45. Click here for a bill summary.

Events coming up during the next two weeks

This week is a big one in Iowa politics, with the state legislature’s 2011 session starting Monday and Terry Branstad’s inauguration for a fifth term as governor on Friday. Several non-profits are organizing members and supporters to lobby legislators as well. Event details are after the jump.

One of my new year’s resolutions is to post event calendars regularly at Bleeding Heartland. Activists and politicians can help by sending your event notices to me: desmoinesdem AT yahoo.com. Please post a comment if you know of something I’ve left out.

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Weekend open thread: New Year's Day edition

Best wishes for the new year to everyone in the Bleeding Heartland community. What’s on your mind this first weekend of 2011?

Improving personal health is a common new year’s resolution. I’ll be trying to eat less sugar and exercise more, partly to lose a few pounds and partly to reduce stress. Research suggests that exercising before breakfast is especially helpful, and you don’t have to do intense, long workouts every day to benefit.

Radio Iowa suggested a few ways people can prevent strokes, “the third leading cause of death in Iowa, killing more than 1,600 Iowans last year alone.” Here’s another idea for preventing strokes: reduce coal combustion. Physicians for Social Responsibility has found that 92 percent of Iowans “live within 30 miles of a coal plant.” Particulate matter and other pollutants generated by coal combustion have been proven to cause strokes, as well as heart disease and cancer, the two other leading causes of death in Iowa. Using renewable energy or natural gas to replace some of our coal-fired plants could measurably improve the health of Iowans.

According to State Climatologist Harry Hillaker, 44.66 inches of precipitation made 2010 the second-wettest year out of 138 years for which records are available. Here’s hoping for less rain in 2011, because Iowa isn’t implementing land-use practices that might allow the ground to absorb more rain. Governor-elect Terry Branstad has never been big on flood prevention and still has no plan for flood mitigation. The new Iowa Legislature is no more likely to enact wise floodplain management policies than the last one.

Those trying to reduce their carbon footprints in 2011 can find good ideas here, here and here. Staff charged with making institutions more energy efficient can get inspiration from Luther College in Decorah, one of only eight colleges nationwide “to earn an ‘A’ on The College Sustainability Report Card released Oct. 27 by the Sustainable Endowments Institute.”

Luther received an “A” in seven of the eight graded areas including: administration, climate change and energy, food and recycling, green building, student involvement, transportation, and investment priorities. The college received a “B” in endowment transparency. […]

Luther was among the first colleges in the country to sign the Presidents Climate Commitment, which encouraged institutions to reduce their carbon footprint, operate more efficiently, and make sustainability part of every student’s learning experience. […]

Luther has reduced greenhouse gas emissions by 20 percent since 2003 and is committed to a 50 percent reduction by 2012. Reducing greenhouse emissions is one of several goals in the college’s newest strategic plan, a section of which is dedicated to environmental sustainability.

Click here for the full report on how Luther achieved these outstanding results. The College Sustainability Report Card gave “B” grades to Grinnell College and Iowa State University, while the University of Iowa got a “C-“. Note to Luther staff: if you want more recognition next year, have someone return the Sierra Club’s “Cool Schools” survey.

This is an open thread.

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Dubuque still leads on sustainability

Last year Bleeding Heartland discussed some promising changes in Dubuque, thanks to the vision of community leaders who launched the SustainableDubuque initiative in 2006. Now called the “Dubuque 2.0” sustainability initiative, the program has helped bring the city a long list of recognitions and awards.

Government and public entities: The U.S. Conference of Mayors named Dubuque the country’s “Most Livable Small City” for 2008. The Economic Development Administration (an agency within the federal Commerce Department) gave the an award for “excellence in historic preservation-led strategies” in 2009. The U.S. Environmental Protection Agency, Department of Transportation and Department of Housing and Urban Development selected Dubuque for sustainability pilot programs, also in 2009. The Iowa League of Cities named Dubuque an All-Star Community this year.

Business groups and business-oriented media: Dubuque landed on Sperling’s Best Places top ten “Most Affordable Places to Live and Work” in 2009; was third best in the country for job growth, according to Careerbuilder.com in 2010; and was the seventh best city under 200,000 population in “Economic Growth Potential,” according to Business Facilities magazine in 2010. Dubuque also won an Excellence in Economic Development award this year from the International Economic Development Council, while Forbes.com named it both the “Best Small City to Raise a Family” and “Best Smaller Metro for Projected Job Growth” nationwide.

Non-profit organizations: Dubuque came in third place at the International Awards for Livable Communities in 2010 in the category of cities with populations between 20,000 and 75,000. The city won the 1000 Friends of Iowa 2010 Best Development Award in the leadership category for its recently adopted Unified Development Code, which “promotes best practices in sustainable development and will serve as a model for other cities in Iowa.” (Side note: Dubuque also contains more private Best Development Award winning-projects than any other Iowa city. Most recently, the “beauty and authenticity” of the Hotel Julien historic rehabilitation earned it the 1000 Friends of Iowa 2010 Best Development Award in the renovated and commercial/civic category.)

Too many Iowa politicians portray eco-friendly policies as bad for business or economic growth. Dubuque is proving that sustainability makes a community more attractive to potential job-creators:

According to Mike Blouin, president of the Greater Dubuque Development Corporation, the cachet that comes with operating a business in a sustainable region is becoming increasingly important.

“A growing segment of companies — manufacturers and service providers — want to be a part of this trend,” he said. “They want to be a part of communities that are into sustainability, and they believe it will be easier to attract the kind of workforce they want there. Or companies may manufacture items used in these sustainable communities. Whatever it might be, they want sustainability to be a part of their message.”

He added, “You can be pro-economic development and be sustainable. They’re not mutually exclusive. A smarter city is not the initial thing companies look at, because they still have to make money. The community has to make sense overall, but if it does, sustainability could very well be a deal-maker. If there are a half-dozen cities in front of a company, it may look at smarter sustainability and see that it fits the company’s philosophy. Final decisions are made by those kinds of factors.”

In 2009, the IBM corporation renovated the historic Roshek building in partnership with the city of Dubuque and selected the city for sustainability pilot programs. After the jump I’ve posted more details on some projects implemented this year. These benefit the city by finding ways to reduce costs and use of resources, and benefit IBM by promoting technologies it hopes to sell to other cities.

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New strategy needed to put money in conservation fund

Advocates celebrated passage of a constitutional amendment creating a Natural Resources and Outdoor Recreation Trust Fund for Iowa, but there’s no guarantee new money will ever be allocated to protecting soil and water. Governor-elect Terry Branstad and incoming Iowa House Speaker Kraig Paulsen said yesterday a sales tax increase is off the table:

“This election was to a large extent driven by growth in government,’ said Paulsen, a Republican from Hiawatha. “Too much spending. Too much debt. The public did not elect Republicans so we could come down and raise taxes.”

“I don’t see House Republicans passing a sales tax increase for the forseeable future,” Paulsen said. “I don’t even think that will be under consideration.”

Said Branstad, of Boone: “I don’t support any tax increases. I made that clear during the election,” Branstad said. ” If it’s contingent on a sales tax increase, we’ve said there won’t be a sales tax increase. I’m supportive of conservation funding, but not raising taxes.”

Sean McMahon of Iowa’s Water & Land Legacy, the coalition that pushed for the new fund, on Tuesday said his organization is considering its next move. It may leave it up to individual Iowans and various environmental and recreation groups to push for the tax.  The group spent several years pushing the issue to a vote, and some of the preparation went back a decade.

Asking environmental groups and the “hook and bullet” crowd (Izaak Walton League, Pheasants Forever, Ducks Unlimited) to push for a sales tax increase would be a disastrous waste of time. The votes won’t be there in the legislature, and Branstad won’t want to break his promise on tax hikes as quickly as he did in 1983. Anyway, people like me didn’t get involved with the environmental movement to advocate for regressive taxes.

Groups that worked to pass this amendment should focus on lobbying for direct appropriations to the new fund. Voters approved the amendment by a wide margin. Making waterways safer for recreation and improving habitat for wildlife can be viewed as economic development tools for small towns and rural areas. Finding private donors who agree to match all or part of the state’s contribution to the fund might persuade legislators to get the conservation efforts going on a small scale. Successes would build a constituency for increasing the funding in future years.

That strategy may not work, but it’s better than pinning all hopes on a sales tax hike that won’t happen. Bleeding Heartland readers, please share your thoughts or suggestions for getting money allocated to the natural resources fund.

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Iowa and national election discussion thread

Time for a new thread on the statewide election results. I haven’t dug into the county-level returns in the governor’s race yet, but Chet Culver didn’t even carry Polk County, which he won with a 21,000 vote margin in 2006. Culver did carry Johnson County, but by a much smaller margin than in 2006. What happened in your area, Bleeding Heartland readers?

UPDATE: Culver carried only eight counties: Black Hawk (Waterloo/Cedar Falls area), Linn (Cedar Rapids), Johnson (Iowa City), Dubuque, Des Moines (Burlington area), Lee (Ft. Madison/Keokuk), Story (Ames), and Jefferson (Fairfield). Culver almost carried Floyd County, where Republicans easily won House district 14. I guess Charles City loves I-JOBS! LATE UPDATE: The unofficial results indicate that Culver did carry Floyd County (barely), by fewer than 100 votes.

Branstad carried Wapello County (Ottumwa) for the first time. In his 1994 landslide victory, Bonnie Campbell carried only four counties: Story, Johnson, Des Moines and Wapello.

The down-ticket Democrats had a lot of ground to make up with Chuck Grassley winning the U.S. Senate race 64 percent to 33 percent and Terry Branstad winning 53 percent to 43 percent. Secretary of State Michael Mauro outperformed Culver, which he wasn’t able to do in 2006, but still fell short against Matt Schultz. It’s a shame to see such a competent public official lose in a wave election. Iowa will continue to benefit from his work to make voting more accessible and secure, with paper ballots. I expect the new legislature to act on Schultz’s top priority, photo ID requirements, and I wonder if they will also revoke same-day voter registration.

Iowa Republicans didn’t miss many targets, but I think they overlooked an opportunity by not investing in the state treasurer’s race. Michael Fitzgerald won his eighth term by an unusually narrow (for him) margin: just under 53 percent to 47 percent. A few hundred thousand dollars thrown toward Dave Jamison’s campaign could have won that race. Jamison didn’t have the resources to improve his name identification or make his case against Fitzgerald. Last year some conservative blogger, it may have been Krusty, said Christian Fong should have challenged Fitzgerald instead of running for governor as a 32-year-old. With his background in finance, his connections to major Republican fundraisers, and his roots in both eastern and western Iowa, Fong might have outperformed Jamison.

Tom Miller winning more than 55 percent of the vote was such a relief. The Republicans threw everything they had at him, and he ran a non-existent campaign until the final month, but he still defeated Brenna Findley convincingly. Miller even carried Woodbury County, where Republicans romped. Now he can get back to work on state attorneys’ coordinated investigation of foreclosure practices:

Mr. Miller’s status as a point man in the multistate investigation has been seen by many observers as a sign that the states will push for a sweeping settlement requiring lenders to implement mortgage modifications allowing homeowners to stay in their houses.

Mr. Miller, who has monitored mortgage-industry practices for years, had already begun discussions with some lenders, including Bank of America. In one meeting last week at Mr. Miller’s office, he and officials from other states told Bank of America executives and outside lawyers that state attorneys general would like additional aid to be offered to borrowers, such as further principal reductions on certain delinquent loans where people owe much more than what their homes are worth, according to people familiar with the meeting.

Doubt Findley would have been interested in seeking concessions from corporations to people underwater on their mortgages.

Environmentalists lost a few supporters in the Iowa Senate last night, but today many advocates are cheering the passage of the Iowa Water and Land Legacy trust fund amendment. I wouldn’t count on that fund being filled anytime soon, and I don’t support a regressive sales tax increase. However, it’s good to know that if Branstad follows through on plans to shift from income taxes to consumption taxes, he won’t be able to avoid allocating more money to soil and water conservation. The big margin of victory for this amendment (62.7 percent yes, 37.3 percent no) was also a blow to the Iowa Farm Bureau Federation’s prestige. Farm Bureau never opposed this amendment the two times state legislators passed it nearly unanimously, and a Farm Bureau representative was on the group that helped shape the amendment wording. For some reason, Farm Bureau decided late in the game to made a play to stop this amendment. In doing so, they disappointed some sympathetic legislators and enraged conservatives who backed a constitutional convention. The Farm Bureau’s messaging urged a no vote on the constitutional convention question as well as the soil and water trust fund.

Please share your thoughts about any of last night’s election results in your town, county or beyond. Iowa City voters upheld the 21-only bar ordinance, by the way.

Feel free to comment on races from outside Iowa that caught your eye. A few U.S. Senate seats haven’t been called, but the chamber seems likely to have 53 Democrats and 47 Republicans. Republicans will pick up between 60 and 70 House seats, meaning they will hold 240 to 250 seats in the new chamber (218 are needed for a majority). Republicans are on track to hold about 30 governorships, although several states have yet to be decided. Republicans swept Michigan, Ohio and Pennsylvania, assuring that they can replicate their successful gerrymanders of those states. Florida approved ballot measures that were designed to limit gerrymandering, but opponents may challenge those rules in court. Florida will still have a Republican governor and legislature, but if the ballot measures stand Democrats may make gains at the state level and in Congressional districts.

Democrats did better in some states (Connecticut, California, West Virginia) than in most others, but a common thread was Republican gains among independents, working-class whites and suburban voters. For instance, Joe Sestak fell just short in the Pennsylvania Senate race, losing to Pat Toomey 51 percent to 49 percent. He did as well in Philadelphia as Bob Casey did four years ago, but couldn’t match Casey’s performance in other parts of the state.

The Republican campaign for president will start winding up any day now, so get ready for more Iowa visitors. On that note, one person who has been touted as a presidential prospect, Mike Pence, may be laying the groundwork to run for governor of Indiana instead.

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A Victory for Iowa Waters and Soils

On November 2, in a year with a high turn-out at the polls and Iowans divided on many issues, voters sent an overwhelming message of commitment to the protection of Iowa’s natural resources. Almost two-thirds of Iowa voters approved an amendment to the Iowa constitution to create a Natural Resources and Outdoor Recreation Trust Fund. 

The trust fund will begin to accrue an estimated $150 million a year the next time Iowa legislators approve a sales tax increase. A regular audit will be conducted to ensure monies are used only for specific conservation and recreation work as outlined in a bill passed earlier this year.

Coalition members of the campaign called Iowa Water and Land Legacy are celebrating today.

“This is a win for all Iowans,” said Marian Riggs Gelb, executive director for the Iowa Environmental Council.

“We can attribute this overwhelming victory to the power of coalition—of people working together to accomplish much more than anyone could alone,” said Gelb.

One hundred and thirty organizations, representing over 300,000 Iowans have worked together since 2005 to first, examine how best to create state funding for natural resources in a way that protected designated funds from being raided for other uses. Later the coalition worked to educate Iowans on how the money would be spent, to protect the intent of the fund by passing legislation that spells out the allocation of the funds, and to get out the vote.

“Much work is still ahead of us, but today is a day for celebrating. Voters can tell their grandchildren that they did act to stop water pollution, protect our precious agricultural soils, prevent floods, and preserve wildlife habitat.”

Experts to Discuss how to Create News Jobs in Iowa by Modernizing Electric Grid

United States Senator Tom Harkin and Office of Energy Independence Director Roya Stanley to headline event at Des Moines Public Library this Thursday, October 21

A group of local clean energy advocates and electricity industry stakeholders announced today they will host a forum titled Expanding and Modernizing the Electrical Grid: Essential Infrastructure for the Midwest’s Clean Energy Future this Thursday, October 21 in Des Moines.

The forum will feature leading national and regional experts on renewable energy and electricity transmission who will address key energy issues, such as how to build and pay for the transmission infrastructure necessary to unleash renewable power in the Midwest. These transmission updates are integral to creating new jobs in the wind energy industry.

Participants will include representatives from a broad range of organizations such as electric utilities, environmental groups, businesses, agriculture groups and labor unions.  

Experts will discuss current events central to the national energy debate, including cost allocation proposals from regional transmission organizations, energy legislation pending before the U.S. Congress, and new federal regulation that could literally rewrite the rules for rebuilding and modernizing the electric grid. 

The event is hosted by: the Energy Future Coalition, the Iowa Environmental Council, ITC, Wind on the Wires, the American Wind Energy Association, Fresh Energy, and the Environmental Law and Policy Center.

WHAT: Expanding and Modernizing the Electrical Grid: Essential Infrastructure for the Midwest’s Clean Energy Future
     
WHO: U.S. Senator Tom Harkin (D-IA), Roya Stanley, Director, Iowa Office of Energy Independence, Representatives from: Environmental Law and Policy Center, American Wind Energy Association, Utility Workers Union of America, ITC Midwest, LLC, the Iowa Farmers Union, and others.

WHEN: Thursday, October 21st from 9 AM – 3:30 PM

WHERE:  Des Moines Public Library, 1000 Grand Avenue, Des Moines, Iowa
RSVP:      Attendees are asked to RSVP to Jeff Stein, jeff@dgardiner.com

** The event is free of charge. Breakfast and lunch will be provided.

 

 

Farm Bureau sues to block water quality rules

Yesterday the U.S. Environmental Protection Agency formally approved the new “antidegradation” rules adopted by the Iowa Department of Natural Resources to protect high quality Iowa waters. The Iowa Farm Bureau Federation and two industry groups immediately filed a lawsuit challenging the legality of the state Environmental Protection Commission’s vote to adopt the antidegradation rules. The EPC and the DNR are named as defendants.

A Farm Bureau press release charged that two members of the EPC should not have been able to vote on the rule. Carrie LaSeur, president of the non-profit organization Plains Justice, “was already living and voting in Montana when she cast her vote on the Iowa antidegradation rule,” the lawsuit contends. “That is a clear violation of the residency laws governing the EPC, which require members to be registered Iowa voters.” The lawsuit further claims EPC member Susan Heathcote had a conflict of interest because she works for the Iowa Environmental Council, a non-profit that advocated adoption of antidegradation standards. Environmental attorney James Pray posted a link to the petition on his blog and summarized a third angle to the lawsuit:

The third count alleges that Iowa’s antidegradation rules are more restrictive than the federal law. Iowa Code section 455B.105(3) requires the EPC to state in the Notice of Intended Action or preamble that a rule will be more restrictive than what is required under federal law. The Iowa antidegradation rule invents a Tier 2 1/2 designation in between the federal Tier 2 and Tier 3 designation. No mention was made in the preamble or Notice of Intended Action that this change was in the offing.

The Iowa Farm Bureau has 154,000 members. The Iowa Renewable Fuels Association, and the Iowa Water Environment Association are industry groups with 100 and 600 members, respectively. All three groups have some members who will be required to obtain or renew NPDES permits that comply with antidegredation requirements.

The EPC has nine commissioners and needs at least five yes votes to adopt a rule. The antidegradation rule passed on December 15, 2009 by a vote of six to two with one abstention (pdf). In other words, it would have passed without LaSeur voting, or without Heathcote, but not without both of them.

I am not an attorney and don’t know Iowa case law relating to residency and LaSeur’s eligilibity to serve on a state commission.

Heathcote declined my request for comment today, not having had a chance to read the legal petition. She had served on the EPC for more than two years before the antidegradation rule passed, but this is the first lawsuit challenging her ability to vote on commission matters related to environmental regulation.

The EPA noted yesterday that the federal Clean Water Act requires Iowa “to develop and adopt a statewide antidegradation policy and to identify procedures for implementing the policy.” I thought Iowa’s many years of non-compliance were over once opponents failed to stop the water quality rules in the Iowa legislature’s Administrative Rules Review Committee in February. The Farm Bureau’s lawsuit means at least a delay and perhaps the demise of rules designed to “maintain and protect high quality waters and existing water quality in other waters from unnecessary pollution.”  

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IA-Gov roundup: Dueling endorsements and jobs plans, plus a Culver I-JOBS ad

Monday was role reversal day in the Iowa governor’s race, with the National Rifle Association endorsing Democratic incumbent Chet Culver as a union group backed Republican challenger Terry Branstad.

The candidates’ rival job creation proposals also made news during the past week. Branstad’s plan looks like a cover for letting business interests gut almost any regulation they dislike.

More on those stories, along with Culver’s latest television commercial, are after the jump.

UPDATE: The Culver campaign announced the Teamsters Union endorsement on September 28. Details are below.

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Thicke unveils forward-looking energy policy for agriculture

Francis Thicke, the Democratic candidate for secretary of agriculture, announced a “comprehensive energy policy for agriculture” that would increase the use of renewable energy in the agriculture sector, with a focus on systems that “put profits in farmers’ pockets.” Corporate agriculture interests have often demonized environmentally friendly energy policies as bad for farmers, but Thicke points out that farmers are currently vulnerable to volatile energy costs. I’ve posted his full statement on the energy policy after the jump, but I want to highlight a few parts:

As a state, we currently have no plans for how to power agriculture beyond fossil fuels, leaving us vulnerable to the effects of escalating and widely fluctuating energy prices. In 2008, oil prices rose to $147 per barrel, but within seven months fell to less than $34. This wild fluctuation whipsawed agriculture. Fertilizer and fuel prices tripled; corn prices spiked and fell sharply; ethanol plants went bankrupt.

Oil economists tell us that repeated cycles of price spikes followed by precipitous price falls are the future for energy costs as long as we are dependent on fossil fuels.ii  Even the U.S. military warns that oil prices will rise greatly, and we should expect oil shortages in the near future.iii

Our current biofuel production is not targeted to secure the energy future for agriculture. We use about a third of our corn crop to produce ethanol, but use it for cars driving on highways, not to power agriculture. Iowa farmers are selling corn as an energy crop at cheap commodity prices while paying high retail prices for the fuel needed to power their farms.  Biofuels today make only a dent in total U.S. fuel needs,iv but could go a long way toward making agriculture energy self-sufficient.

Thicke also advocates stronger policies to encourage wind energy production, not only looking at the total megawatts generated, but at wind energy systems that would create wealth for farmers and rural communities:

Today, 20 percent of the electricity generated in Iowa comes from wind power. That is good. However, the next generation of distributed wind systems holds promise to put more of the wealth created into the pockets of farmers and increase the amount of wind energy that can be distributed through the existing electrical grid.

When farmers lease out land to put corporate-owned wind turbines on their farms, they still pay retail rates for the electricity they use to power their farms. In other words – like with biofuels – farmers sell cheap and buy high.

The next generation of wind power should be mid-sized wind turbines on farms all across Iowa, so the wind that blows over the farm will power the farm, and the wealth created will be retained on the farm. This kind of distributed wind power has several advantages:

  1. The wealth created by the wind turbines is retained by the landowner and stays in the local community,

  2. The electricity generated is used locally, avoiding the need to build new transmission lines, and

  3. Distributed wind turbines will more fully utilize wind fronts as they move across the state, compared to when most wind farms are located in a few places in the state.

Policies the Legislature could enact to hasten the development of mid-sized wind turbines on farm across Iowa include mandatory net metering for all Iowa electrical utilities and feed-in tariff (FIT) policies. FIT policies have been used successfully in Europe to encourage the rapid expansion of solar-powered systems.

I urge the Iowa Legislature to adopt a FIT policy targeted to small and mid-sized wind turbines that are owned by Iowa farmers and landowners. The FIT policy would require electrical companies to pay a high rate of return per kWh for the initial years of the lifetime of targeted wind systems. That will allow farmers and landowners to pay for the wind systems during those initial years. After the specified initial time period, the rate of pay will drop to wholesale rates. That will allow the power company to buy cheap, green energy for the remainder of the lifetime of the turbine, and allow the farm wind turbine to continue to generate electricity to power the farm and to serve as a profit center for the farm.

Feed-in tariffs have been successful in many other places, and there’s no reason not to use them in Iowa. Getting the policy through the Iowa legislature would be an uphill climb no matter which party was in control, however.

Thicke rolled out his energy policy this morning in Des Moines. He has public events scheduled later today in Cedar Rapids and Waterloo, September 23 in Dubuque, Davenport and Iowa City, and September 24 in Council Bluffs and Sioux City. I hope the media will cover his ideas, because they have potential to make farming more profitable while reducing greenhouse gas emissions. It’s too bad that neither the current Secretary of Agriculture, Republican Bill Northey, nor his predecessor, Democrat Patty Judge, took the initiative on reducing our agriculture sector’s reliance on fossil fuels.

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Thicke backs Maine model for egg safety rules

Democratic candidate for Secretary of Agriculture Francis Thicke is calling for regulations “modeled after a program that has been used successfully in Maine for more than 22 years to return integrity to Iowa-produced eggs.” Thicke introduced the proposal during his September 11 debate with Republican incumbent Bill Northey. Excerpt from his opening statement:

The State of Maine’s egg safety program complements the new [Food and Drug Administration] egg rule and shores up weaknesses in the federal rule. Specifically, the Maine program has three features that go beyond the requirements of the new FDA egg rule: 1) An effective program for vaccination of laying hens; 2) Monthly inspection of laying facilities for sanitation, and testing for Salmonella within the building; and 3) Egg testing when Salmonella is found in the building.

I’ve posted the full text of Thicke’s opening statement after the jump. Gabe Licht covered the debate for the Spencer Daily Reporter, and Lynda Waddington was there for Iowa Independent. Northey defended his record on egg safety, denying his department had the authority to inspect the feed mill suspected in the salmonella outbreak:

Thicke reiterated the secretary of agriculture should inspect feed mills, noting the [Jack] DeCoster feed mill filled 12,500 semi loads annually.

“First of all, there is a distinct word in there,” Northey fired back. “… Commercial feed mills that sell feed. The reason that we do that is to actually protect the consumer of those that are buying feed from others. Our regulations are actually not for food safety, but are for protection of consumers… We have been told … this mill does not sell feed — that birds at the other facility are owned by DeCoster as well… Just as we don’t go to a farmer mixing his own feed, we do not go to those mills that are producing feed for private facilities or on their own facilities.”

“The secretary of agriculture has the authority to make rules to cover loopholes and this is a DeCoster loophole playing a shell game and we should not play that game with him,” Thicke said.

The incumbent had pointed words for his rival.

“Unless you know something we need to know more about the situation …, it would be important to … wait for the information and be able to find out whether they were actually in violation of that or not,” Northey said. “… We don’t just make decisions on large facilities different than others because our rule says we are to inspect commercial facilities selling feed to others, not facilities of a certain size.”

Thicke has said Iowa Department of Agriculture rule-making could have closed the loopholes that allowed DeCoster’s feed mill to avoid state inspections.

The secretary of agriculture candidates also clashed over agricultural zoning:

Although both candidates were clear that there is enough room in Iowa for all types of sizes of agriculture, and that they would support all aspects of the industry, a major difference between them was exposed while answering a question regarding local control of Concentrated Animal Feeding Operation (CAFO) placement.

“Absolutely,” said Thicke, who argued that allowing local government to decide the site of CAFOs would not add additional regulations for owners, who already must follow county building policies, but would allow local residents control over their environment.

Northey disagreed and stated that agribusinesses “need one set of rules,” otherwise there would be “a real challenge” in getting any new developments approved.

Thicke, who formerly served on the Iowa Environmental Protection Commission, sympathized with country residents who had to live near “toxic fumes,” while Northey sympathized with producers “who have been demonized.”

Speaking of local control, last week Dave Murphy of Food Democracy Now wrote about the connection between DeCoster’s operations and Iowa’s 1995 law protecting CAFOs from zoning at the county level:

After initially rising from poverty in Maine with a small chicken operation, DeCoster’s run-ins with New England legal authorities led him to flee to Iowa, where he ventured into building hog confinements and factory farm egg facilities just in time to coincide with that state’s loosening of the environmental regulations in 1995, with the passing of House File 519, which stripped all local authority from regulating factory farms.

The passage of this piece of legislation single-handedly pushed more independent hog farmers out of farming in Iowa, the nation’s number one hog and egg producer, than any other law in the state’s history. Since 1994, the year prior to the passage of H.F. 519, Iowa has lost nearly 72% of the state’s hog farmers, as the number has dropped from 29,000 to 8,300 today. As part of the industry trend, hogs moved off pasture into massive warehouse-style confinements, hundreds of which Jack DeCoster built across much of central Iowa, laying the foundation for a “protein” producing empire that included pork, eggs and a steady stream of state and federal violations.

That would be a great issue to use against Republican gubernatorial candidate Terry Branstad, in an alternate world where the Culver-Judge administration and the Democratic-controlled Iowa legislature had done something to advance local control during the past four years.

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Egg recall news: Northey and Thicke to debate, Sierra Club wants broad investigation

Republican Secretary of Agriculture Bill Northey will debate his Democratic challenger Francis Thicke on September 11, the Thicke campaign announced today. The Spencer Daily Reporter is sponsoring the debate, which will take place from 11 am to 12:30 pm at the Clay County Fairgrounds, during this weekend’s county fair. The Thicke campaign’s press release states that the Spencer public access cable channel will broadcast the debate, but I hope Iowa Public Television and other media organizations will bring the exchange to a wider audience. Thicke argues,

Iowa voters deserve a full discussion of the issues that are important in this campaign – protecting water and air quality; local food production; local control over – and reducing the impacts of – concentrated animal feeding operations (CAFOs); more diversity on the landscape, including more use of cover and perennial crops; and truly sustainable, renewable, farmer-owned energy systems for agriculture.

Thicke is seeking five debates with Northey, one in each of Iowa’s Congressional districts, but details about other possible meetings have not been finalized. The candidates clashed last week over the Iowa secretary of agriculture’s responsibility to inspect feed mills like the one where a recent salmonella outbreak seems to have originated.

Northey has won the endorsement of the Iowa Farm Bureau Federation and the Iowa Association of Business and Industry, while Thicke has the Iowa Farmers Union’s endorsement. Last month Thicke published the questionnaire he completed for the Farm Bureau Federation and called on Northey to do the same, so that “so that Iowa voters can determine for themselves where each candidate stands on critical farm issues.”

In related news, today the Iowa Chapter of the Sierra Club sent an open letter to Attorney General Tom Miller requesting a “thorough investigation of the circumstances surrounding the egg recall for shell eggs produced by Wright County Egg and Hillandale Farms Inc for violations of state law. This investigation should also include Quality Egg LLC Feed Mill, the supplier of the feed to both egg producers.” I’ve posted the full text of the letter after the jump. It includes a detailed list of facts supporting the Sierra Club’s view that the egg producers showed “reckless disregard for the health and well-being of the public.” To prevent similar violations in the future, the Sierra Club is also asking the Attorney General’s Office to consider possible “internal policy changes, legislative needs, and administrative rule changes.”

Miller recently returned a $10,000 campaign donation that Peter DeCoster made in 2005. DeCoster’s father owns the company at the center of the egg recall.

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Iowa colleges have room to improve on green front

The Sierra Club published its fourth annual “Cool Schools” report, which seeks to identify the greenest college campuses in the country. Researchers sent detailed questionnaires about sustainability programs to 900 colleges and universities, of which 162 responded. None of Iowa’s state universities returned the Sierra Club’s survey, and only two of the state’s private colleges participated. The full rankings show Grinnell in 104th place and Wartburg College in Waverly at the bottom in 162nd place. Keep in mind, though, that about 82 percent of schools contacted didn’t return the survey. Wartburg finished last among colleges with administrators who care enough about sustainability to respond to a national environmental organization.

The Sierra Club considered ten criteria:

Although energy supply carried the most significance, nine other categories were considered in measuring a school’s commitment to sustainability: efficiency, food, academics, purchasing, transportation, waste management, administration, financial investments, and a catchall section titled “other initiatives.”

Making energy supply the most important factor put Iowa colleges at a disadvantage, because so much of the electricity generated in this state comes from coal. Perhaps Grinnell, Wartburg, or other Iowa colleges could incorporate more wind, solar or biomass power. I noticed that the number one school on Sierra’s list, Vermont’s Green Mountain College, has a facility to generate power using “biogas” (methane derived from cow manure).

Wartburg’s best score came in the “efficiency” category. I downloaded the college’s completed questionnaire from this page and was impressed to read that 99 percent of campus lighting fixtures are energy-efficient, while 75 percent of campus appliances are energy-star rated. Wartburg has room to improve in all the categories, but especially in “purchasing” and “investment,” where the college scored zero points.

In contrast, Grinnell scored a perfect 10 for investment; according to the completed questionnaire, “the college’s investment policy includes a social responsibility provision that encompasses environmental/sustainability factors.” The college also did very well in the waste management, administration, food and transportation categories. Grinnell received its lowest score for purchasing policies.

Grinnell and Wartburg administrators deserve credit for taking sustainability seriously on campus. I hope that next year, more Iowa colleges let the Sierra Club evaluate their green practices. That means you, Luther College (Wartburg’s rival in everything, including conservation). I wonder how the University of Iowa would measure up against Big Ten rivals Michigan (number 46 on the Sierra Club rankings), Illinois (number 66), Penn State (number 80) and Northwestern (number 115). Could Iowa State beat Big 12 schools Missouri (number 118) or Kansas (number 127)? Maybe the Center for Energy and Environmental Education in Cedar Falls could help the University of Northern Iowa score highest among Iowa’s regents universities.  

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New report documents groundwater contamination by coal ash sites in Iowa

The Environmental Integrity Project released a detailed report today on coal ash contamination in 21 states, including Iowa:

Days before the US Environmental Protection Agency (USEPA) kicks off a series of regional hearings across the United States on whether and how to regulate toxic coal ash waste from coal-fired power plants, a major new study identifies 39 additional coal-ash dump sites in 21 states that are contaminating drinking water or surface water with arsenic and other heavy metals.  The report by the Environmental Integrity Project (EIP), Earthjustice and the Sierra Club documents the fact that state governments are not adequately monitoring the coal combustion waste (CCW) disposal sites and that the USEPA needs to enact strong new regulations to protect the public.   The  report shows that, at every one of the coal ash dump sites equipped with groundwater monitoring wells, concentrations of heavy metals such as arsenic or lead exceed federal health-based standards for drinking water, with concentrations at Hatfield’s Ferry site in Pennsylvania reaching as high as 341 times the federal standard for arsenic.

You can read the full report here (pdf file). It covers three coal ash disposal sites in Iowa: George Neal Station North (pages 26-31), George Neal Station South (pages 32-26), and Lansing Station Ash Ponds and Landfill (pages 37-40). Neal North and South are both in northwest Iowa’s Woodbury County. Lansing is in Allamakee County, in the far northeast corner of the state. The report notes that “there are at least five public water wells within a five-mile radius” of all three Iowa sites. There are “25 or more private drinking water wells at or within two miles” of the Lansing site, which also threatens surface waters in the Mississippi River.

I posted a lengthy excerpt from the press release accompanying today’s report (pdf file) after the jump.

The Iowa Independent blog has reported extensively on proposed coal ash regulations, as well as health problems caused when toxic substances leach from coal ash into groundwater.

Republican gubernatorial candidate Terry Branstad has said he would whole-heartedly support new coal-fired power plants in Iowa, and many Iowa politicians in both parties expressed regret last year when plans for new coal-fired power plants in Waterloo and Marshalltown were shelved. They should read this report and explain why a few dozen permanent jobs are worth creating more coal ash that will poison Iowans’ drinking water for decades. Coal combustion in power plants is also “one of the nation’s largest sources of air pollutants that damage cardiovascular and respiratory health and threaten healthy child development.”

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