House
File
112
-
Introduced
HOUSE
FILE
112
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
leases
between
local
governments
and
persons
1
using
land
for
farming.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1560YH
(1)
88
da/rn
H.F.
112
Section
1.
NEW
SECTION
.
161A.90
Definitions.
1
As
used
in
this
subchapter,
unless
the
context
otherwise
2
requires:
3
1.
“Farming”
means
the
same
as
defined
in
section
9H.1.
4
2.
“Farming
practice”
includes
but
is
not
limited
to
a
5
decision
regarding
crop
production,
including
crop
types
and
6
varieties
to
plant,
cultivation
and
harvesting
methods,
and
7
the
application
of
materials
including
manure
and
commercial
8
fertilizers,
tillage,
and
crop
rotation
systems.
9
3.
“Local
government”
means
a
county,
city,
township,
school
10
district,
or
any
special-purpose
district
or
authority.
11
4.
“Soil
and
water
conservation
practice”
means
the
same
as
12
defined
in
section
161A.42.
13
5.
“Soil
health
practice”
means
a
practice
to
provide
for
14
the
continued
capacity
of
soil
to
permanently
sustain
plant
and
15
animal
life.
16
6.
a.
“Water
quality
practice”
means
a
land
use
change
or
17
the
establishment
and
maintenance
of
a
measure
that
limits
18
sediment
or
nutrients
from
being
conveyed
by
surface
water
19
runoff
or
leaching.
20
b.
“Water
quality
practice”
includes
the
establishment
of
21
any
of
the
following:
22
(1)
A
terrace.
23
(2)
A
cover
crop
that
is
used
as
part
of
crop
rotation
24
cycle.
25
(3)
A
bioreactor
installed
as
part
of
or
connected
to
a
26
field
drainage
system.
27
(4)
A
wetland
established
as
part
of
or
connected
to
a
crop
28
field.
29
(5)
A
saturated
buffer.
30
(6)
Cropland
integrated
with
a
prairie
grass
strip.
31
(7)
A
riparian
buffer
strip.
32
(8)
A
grassed
waterway.
33
(9)
An
area
maintained
in
permanent
vegetation
cover,
34
including
perennial
vegetation
cover
consisting
of
grasses
or
35
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112
legumes,
including
but
not
limited
to
grasslands
or
forages.
1
(10)
A
wetland
area
if
the
area
is
mostly
underwater
or
2
waterlogged
during
the
growing
season
and
is
characterized
by
3
vegetation
of
hydric
soils.
4
(11)
Any
other
measure
recognized
by
the
division
that
5
manages
nutrients
and
reduces
contributing
contaminant
loads
to
6
receiving
surface
waters,
including
by
detaining
sediment-laden
7
water,
reducing
the
volume
or
velocity
of
precipitation-induced
8
surface
water,
filtering
sediment-laden
water,
or
reducing
9
nutrient
loss
through
tile
drainage
systems.
10
Sec.
2.
NEW
SECTION
.
161A.91
Restrictions
on
leases
by
11
local
governments.
12
1.
A
local
government
that
holds
a
legal
or
equitable
13
interest
in
agricultural
land
shall
not
enter
into
a
lease
14
with
another
person,
if
the
person
may
use
the
agricultural
15
land
for
farming,
unless
the
lease
is
in
writing
and
a
farm
16
unit
agreement
is
made
part
of
the
lease.
The
parties
to
17
the
agreement
shall
be
the
lessee
and
the
soil
and
water
18
conservation
commissioners
of
the
district
where
the
land
is
19
located.
20
2.
The
farm
unit
agreement
shall
apply
to
the
same
farm
unit
21
as
an
applicable
farm
unit
conservation
plan
or
conservation
22
agreement.
The
agreement
may
be
made
part
of
a
farm
unit
23
conservation
plan
or
soil
conservation
agreement.
A
farm
unit
24
agreement
may
cover
one
or
more
farm
units
as
specified
in
the
25
agreement
so
long
as
all
farm
units
are
located
as
part
of
the
26
same
district.
The
agreement
shall
identify
those
soil
and
27
water
conservation
practices,
water
quality
practices,
farming
28
practices,
and
soil
health
practices
that
best
prevent
soil
29
loss,
manage
nutrients,
reduce
contributing
contaminant
loads
30
to
receiving
surface
water,
and
promote
soil
health.
31
3.
The
farm
unit
agreement
shall
be
completed
on
forms
32
prepared
by
the
division
in
consultation
with
the
Iowa
nutrient
33
research
center
established
pursuant
to
section
466B.47.
34
4.
The
commissioners
of
the
district
shall
assist
the
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parties
to
the
lease
in
developing
a
farm
unit
agreement.
The
1
commissioners
shall
respond
to
a
request
by
a
local
government
2
to
develop
a
farm
unit
agreement
within
sixty
days
of
receiving
3
the
request.
The
lessee
shall
file
the
agreement
with
the
4
commissioners
subject
to
their
approval.
The
commissioners
5
shall
deliver
a
copy
of
the
agreement
to
the
division.
Each
6
year,
an
updated
agreement
must
be
approved
and
filed
in
the
7
same
manner
as
the
original
agreement.
8
5.
If
a
farm
unit
agreement
is
not
filed
as
required
in
this
9
section,
the
lease
shall
be
void
in
sixty
days.
10
6.
The
commissioners
shall
inspect
or
cause
to
be
inspected
11
land
covered
by
a
farm
unit
agreement
if
reasonable
grounds
12
exist
to
believe
that
a
failure
to
comply
with
the
agreement
13
is
occurring.
If
the
commissioners
determine
a
failure
is
14
occurring,
a
notice
of
that
finding
shall
be
delivered
to
the
15
parties
to
the
lease.
The
notice
shall
describe
the
land
16
affected
and
shall
describe
the
failure.
The
notice
shall
also
17
describe
the
corrective
action
required
and
the
time
limit
for
18
commencing
and
accomplishing
such
action.
19
7.
If
corrective
action
has
not
been
commenced
or
20
accomplished
as
described
in
the
notice,
the
commissioners
21
shall
issue
an
administrative
order
to
the
person
who
filed
22
the
farm
unit
agreement.
The
administrative
order
shall
23
address
the
same
subjects
provided
in
the
notice.
However,
the
24
corrective
action
must
be
commenced
not
more
than
six
months
25
after
the
date
the
order
is
issued
and
must
be
completed
not
26
more
than
one
year
after
that
date.
27
8.
a.
The
commissioners
shall
petition
the
district
court
28
to
issue
an
order
requiring
immediate
compliance
with
an
29
administrative
order
if
the
commissioners
have
determined
any
30
of
the
following:
31
(1)
The
corrective
action
has
not
been
commenced
or
32
completed
by
the
date
specified
in
the
administrative
order.
33
(2)
The
corrective
action
has
been
commenced
but
is
not
34
being
performed
with
due
diligence
or
in
a
manner
that
will
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reasonably
result
in
compliance
with
the
administrative
order.
1
b.
The
district
court
may
grant
injunctive
relief
necessary
2
in
order
to
enforce
the
terms
and
conditions
of
the
agreement.
3
Alternatively,
district
court
may
void
the
lease.
If
a
lease
4
is
voided,
the
local
government
shall
have
any
remedy
available
5
to
a
lessor
who
brings
an
action
against
a
lessee
for
the
6
wrongful
termination
of
a
lease.
7
9.
This
section
shall
not
apply
if
the
duration
of
the
lease
8
is
for
less
than
sixty
days.
However,
this
section
shall
apply
9
if
the
local
government
and
the
same
person
enter
into
multiple
10
subsequent
leases
that
involve
the
same
tract
of
land.
11
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
12
3,
shall
not
apply
to
this
Act.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
requires
a
farm
unit
agreement
be
executed
when
any
17
lease
is
entered
into
by
a
local
government
and
a
person
who
18
may
use
the
leased
land
for
farming
purposes.
The
agreement
19
requires
the
lessee
to
comply
with
applicable
soil
and
water
20
conservation
practices,
farming
practices,
water
quality
21
practices,
and
soil
health
practices
during
the
period
of
the
22
lease.
The
agreement
must
be
developed
in
cooperation
with
23
the
commissioners
of
the
soil
and
water
conservation
district
24
where
the
land
is
located
who
are
parties
to
the
agreement.
25
The
commissioners
may
conduct
inspections
to
ensure
compliance
26
with
the
agreement
and
take
administrative
or
judicial
action
27
to
enforce
its
provisions.
The
bill
does
not
apply
to
a
lease
28
that
is
for
less
than
60
days
unless
the
local
government
and
29
the
same
person
have
entered
into
multiple
subsequent
leases
30
involving
the
same
land.
31
The
bill
may
include
a
state
mandate
as
defined
in
Code
32
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
33
subsection
3,
which
would
relieve
a
political
subdivision
from
34
complying
with
a
state
mandate
if
funding
for
the
cost
of
35
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the
state
mandate
is
not
provided
or
specified.
Therefore,
1
political
subdivisions
are
required
to
comply
with
any
state
2
mandate
included
in
the
bill.
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5/
5