SSB 1221 (LSB 2136XC (4) 86)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN)

A BILL FOR

An Act relating to incidents involving pesticide drift, including by providing for reporting and testing, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 206.2, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  11A.  “Drift” means the movement of a pesticide during or immediately after application through air to a site other than the intended site of application.
    Sec. 2.  Section 206.14, subsection 2, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Any person claiming damages from a pesticide application, including an incident involving drift, shall have filed file with the secretary on a form prescribed by the secretary a written statement claiming that the person has been damaged by the application.  The secretary shall allow such forms to be completed and filed via the department’s internet site.
    Sec. 3.  Section 206.19, subsection 5, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  For damages caused by drift as provided in section 206.14, the amount of civil damages collected by the department is appropriated to the department to perform tests analyzing the possible presence of pesticides as reported by a person alleging damages as provided in section 206.14.
    Sec. 4.  PESTICIDE DRIFT —— APPROPRIATION.  There is appropriated from the general fund of the state to the department of agriculture and land stewardship for the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   1.  For purposes of assisting persons alleging damages caused by pesticide drift as provided in chapter 206:

.................................................. $    325,000

   2.  a.  Of the amount appropriated in subsection 1, up to $125,000 shall be used by the department to improve or expand its internet site in order to allow a person to electronically file a statement alleging damages as provided in section 206.14, as amended in this Act.
   b.  Of the amount appropriated in subsection 1, up to $200,000 shall be used by the department to decrease the time that persons filing statements alleging damages under section 206.14, as amended in this Act, must wait to obtain the results from tests analyzing the possible presence of the pesticides.
   (1)  A person alleging damages must receive the results of the test within twenty-one days from the first date that the department could begin testing.
   (2)  The department shall determine whether a test is best conducted at the department’s Iowa laboratory facility or another laboratory, including a private laboratory. 
   3.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends the “Pesticide Act of Iowa” (Code chapter 206) by providing for incidents involving “drift”, which is defined to mean the movement of a pesticide either during or after its application (usually to land or crops) through the air to another site. The provisions are administered and enforced by the department of agriculture and land stewardship (DALS).
   REPORTING. The bill amends a provision which allows a person to file a claim for damages from a pesticide application with DALS by allowing a person to complete and file the report form via the internet.
   APPROPRIATIONS —— GENERAL FUND. The bill appropriates moneys to DALS from the general fund of the state for purposes of assisting persons alleging damages caused by drift, including by improving or expanding DALS’ internet site and by reducing the wait period for a person alleging damages to receive the results of a test conducted by DALS. The bill also allows DALS to have such tests conducted by another laboratory, including a private laboratory. The appropriations revert at the close of FY 2016-2017.
   APPROPRIATIONS —— CIVIL PENALTIES. The bill also provides that civil damages collected by DALS from violations involving drift by commercial applicators are appropriated to DALS for purposes of conducting the tests.
   BACKGROUND. A pesticide is any substance used to prevent, destroy, repel, or mitigate damages caused by insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses; and includes any substance used as a plant growth regulator, defoliant, or desiccant (Code section 206.2). A person claiming damages from a pesticide application must file a report with DALS, which then may conduct an investigation of the matter (Code section 206.14). DALS may establish, assess, and collect civil penalties for violations by commercial applicators for an amount not to exceed $500 for each offense (Code section 206.19).