H.F. 355 DIVISION I 1 ORGANIC NUTRIENT MANAGEMENT 2 Section 1. REPEAL. Sections 161C.5 and 161C.6, Code 2011, 3 are repealed. 4 Sec. 2. MONEYS IN THE ORGANIC NUTRIENT MANAGEMENT 5 FUND. Moneys in the organic nutrient management fund shall be 6 retained by the department of agriculture and land stewardship 7 for purposes of supporting its soil conservation division for 8 the fiscal year beginning July 1, 2011, and ending June 30, 9 2012. 10 DIVISION II 11 CONTROL OF PATHOGENIC VIRUSES IN POULTRY 12 Sec. 3. Section 165B.2, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. a. The provisions of this chapter , including 15 departmental rules adopted pursuant to this chapter , shall be 16 administered and enforced by the department. The department 17 shall establish, by rule, civil penalties which may be 18 administratively or judicially assessed. The department 19 may impose, assess, and collect the civil penalties. The 20 attorney general or county attorney may bring a judicial action 21 or prosecution necessary to enforce the provisions of this 22 chapter . 23 b. The department shall retain moneys from civil 24 penalties that it collects under this chapter . The moneys 25 are appropriated to the department for the administration and 26 enforcement of this chapter . Notwithstanding section 8.33 , 27 such moneys shall not revert, but shall be retained by the 28 department for the purposes described in this paragraph. The 29 department shall submit a report to the chairpersons of the 30 joint appropriations subcommittee on agriculture and natural 31 resources by January 5 of each year. The report shall state, 32 at a minimum, the total amount of moneys collected during the 33 past calendar year and describe how these moneys were expended. 34 DIVISION III 35 -1- LSB 1188YH (2) 84 da/nh 1/ 4

H.F. 355 BULK DRY ANIMAL NUTRIENT PRODUCTS 1 Sec. 4. Section 200A.10, subsection 3, Code 2011, is amended 2 by striking the subsection. 3 DIVISION IV 4 AGRICULTURAL REMEDIATION 5 Sec. 5. Section 455B.601, subsection 2, Code 2011, is 6 amended to read as follows: 7 2. This section is applicable to a site upon which 8 contamination has been discovered, unless one of the following 9 applies: 10 a. Remediation remediation on the site has already been 11 approved by the department and implemented. 12 b. A responsible person has executed a remediation agreement 13 with the agrichemical remediation board and the responsible 14 person is remediating or has remediated the site pursuant to a 15 plan of remediation as provided in chapter 161 . 16 Sec. 6. PAYMENT OF OUTSTANDING CLAIMS. The executive 17 council shall allocate moneys, from moneys in the general fund 18 of the state which are not otherwise obligated or encumbered, 19 for the payment of any outstanding claim for the remediation of 20 a contaminated site as provided in chapter 161 as that chapter 21 existed when the agrichemical remediation board executed a 22 remediation agreement with the claimant. The executive council 23 shall pay the claimant the same amount in the same manner as 24 the agrichemical remediation board would have paid the claimant 25 from the agrichemical remediation fund. 26 Sec. 7. REPEAL. Chapter 161, Code 2011, is repealed. 27 DIVISION V 28 SWINE DEALER LICENSING 29 Sec. 8. Section 163.30, subsection 3, paragraph c, Code 30 2011, is amended to read as follows: 31 c. Each employee or agent doing business by buying for 32 resale, selling, or exchanging feeder swine in the name of 33 a licensed dealer shall be required to secure a permit and 34 identification card issued by the department showing the 35 -2- LSB 1188YH (2) 84 da/nh 2/ 4

H.F. 355 person is employed by or represents a licensed dealer. All 1 such permits and identification cards shall be issued upon 2 application forms furnished by the department at a cost of 3 three dollars per annum, and shall expire on the first day of 4 July following the date of issue. 5 EXPLANATION 6 GENERAL. This bill relates to agriculture and specifically 7 the authority of the department of agriculture and land 8 stewardship (DALS) to administer and enforce a number of 9 statutory provisions. 10 DIVISION I —— ORGANIC NUTRIENT MANAGEMENT. The bill 11 eliminates the organic nutrient management fund (Code section 12 161C.5) used to support the organic nutrient management 13 program (Code section 161C.6), which the bill also eliminates. 14 The fund and the program are administered by DALS’ soil 15 conservation division. The purpose of the fund and program 16 is to provide financial incentives to establish livestock 17 manure management systems in order to facilitate the proper 18 utilization of livestock manure, and to protect the water 19 resources of the state from livestock manure runoff. The fund 20 has a balance of less than $20, which is to be retained by the 21 division. 22 DIVISION II —— CONTROL OF PATHOGENIC VIRUSES IN POULTRY. 23 The bill eliminates provisions in Code section 165B.2 which 24 authorize DALS to regulate certain viruses affecting poultry, 25 including avian paramyxovirus, commonly referred to as 26 Newcastle disease, and avian influenza (defined as pathogenic 27 viruses). Specifically, the bill eliminates a provision which 28 authorizes DALS to adopt rules for the establishment of civil 29 penalties which may be administratively or judicially assessed. 30 The bill does not amend other statutory provisions which 31 provide DALS with similar authority to regulate the prevention 32 and control of pathogenic viruses. DALS may adopt rules for 33 civil penalties under Code chapter 163 which may also be 34 administratively or judicially assessed (Code section 163.61), 35 -3- LSB 1188YH (2) 84 da/nh 3/ 4

H.F. 355 and may continue to provide civil penalties for certain 1 violations of Code chapter 165B (Code sections 165B.4 and 2 165B.5). 3 DIVISION III —— BULK DRY ANIMAL NUTRIENT PRODUCTS. The bill 4 eliminates a provision in Code chapter 200A which provides for 5 the regulation of bulk dry animal nutrient (manure) products. 6 Specifically, the eliminated provision allows DALS to enter 7 onto public or private premises in order to conduct laboratory 8 examinations to determine if such products comply with the Code 9 chapter’s standards (Code section 200A.10(3)). 10 DIVISION IV —— AGRICULTURAL REMEDIATION. The bill 11 eliminates Code chapter 161 providing for agrichemical 12 remediation. An “agrichemical” is defined as a fertilizer 13 or pesticide (Code section 161.2). The Code chapter is 14 administered by an agrichemical remediation board (Code 15 section 161.3) which is responsible for executing remediation 16 agreements with persons and carrying out a plan to remediate 17 a contaminated site (Code section 161.8). The board is 18 also responsible for the payment of claims associated with 19 remediation costs (Code section 161.9). The payment of claims 20 is supported by available moneys in an agricultural remediation 21 fund. In 2009, Senate File 467 (2009 Iowa Acts, chapter 175, 22 section 4) appropriated all unobligated or unencumbered moneys 23 from the fund to support DALS. The bill requires the executive 24 council to satisfy any outstanding claims against the fund. 25 DIVISION V —— SWINE DEALER LICENSING —— IDENTIFICATION CARD. 26 The bill eliminates a provision that requires persons employed 27 or acting on behalf of a licensed feeder swine dealer to obtain 28 an identification card issued by the department. 29 -4- LSB 1188YH (2) 84 da/nh 4/ 4