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Senate Study Bill 1115 - IntroducedA Bill ForAn Act 1providing for programs and regulations administered
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing for the allocation of
4moneys, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION OF COMMERCIAL ESTABLISHMENTS
3 Section 1. Section 162.2, subsection 19, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
619. “Pet shop” means a facility where vertebrate animals,
7excluding fish, not born and reared on the facility’s premises
8are bought, sold, exchanged, or offered for sale or exchange to
9the public, at retail. “Pet shop” does not include a facility
10if one of the following applies:
11a. The facility receives less than one thousand dollars from
12the sale or exchange of vertebrate animals, excluding fish,
13during a twelve-month period.
14b. The facility sells or exchanges less than twelve
15vertebrate animals, excluding fish, during a twelve-month
16period.
17DIVISION II
18GRAIN REGULATION
19PART A
20GRAIN DEALERS
21 Sec. 2. Section 203.1, Code 2023, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 12A. “Scale weight ticket” means the same
24as defined in section 203C.1.
25 Sec. 3. Section 203.5, subsection 8, paragraph a, Code 2023,
26is amended to read as follows:
27a. The applicant has caused liability to the Iowa grain
28depositors and sellers indemnity fund in regard to a license
29issued under this chapter or chapter 203C, and the liability
30has not been discharged, settled, or satisfied.
31 Sec. 4. Section 203.11, subsection 2, paragraph a,
32subparagraph (3), Code 2023, is amended to read as follows:
33(3) Uses a scale weight ticket or credit-sale contract in
34violation of this chapter or a requirement established by the
35department under this chapter.
-1-1 Sec. 5. Section 203.17, Code 2023, is amended to read as
2follows:
3203.17 Documents and records.
41. The department may adopt rules specifying the form,
5content, use, and maintenance of documents issued by a grain
6dealer under this chapter including but not limited to scale
7weight tickets, settlement sheets, daily position records, and
8credit-sale contracts. The department may adopt rules for
9both printed and electronic documents, including rules for
10the transmission, receipt, authentication, and archiving of
11electronically generated or stored documents.
122. All scale weight ticket forms in the possession of a
13grain dealer shall have been permanently and consecutively
14numbered at the time of printing. A grain dealer shall
15maintain an accurate record of all scale weight ticket numbers.
16The record shall include the disposition of each numbered form,
17whether issued, destroyed, or otherwise disposed of.
18 Sec. 6. Section 203.20, Code 2023, is amended to read as
19follows:
20203.20 Shrinkage adjustments — disclosures — penalties.
211. A person who, in connection with the receipt of
22corn or soybeans grain for storage, processing, or sale,
23adjusts the scale weight of the grain to compensate for the
24moisture content of the grain shall compute the amount of
25the adjustment by multiplying the scale weight of the grain
26by that factor which results in a rate of adjustment of one
27and eighteen hundredths percent of weight per one percent of
28moisture content. The use of person who uses any rate of
29weight adjustment for moisture content other than the one
30prescribed by this subsection is commits a fraudulent practice
31as defined in section 714.8. The person shall post on the
32business premises in a conspicuous place notice of the rate
33of adjustment for moisture content that is as prescribed by
34this subsection. Failure The person who fails to make this
35disclosure is commits a simple misdemeanor.
-2- 12. A person who, in connection with the receipt of grain for
2storage, processing, or sale, adjusts the quantity of the grain
3received to compensate for losses to be incurred during the
4handling, processing, or storage of the grain shall post on the
5business premises in a conspicuous place notice of the rate of
6adjustment to be made for this shrinkage. Failure The person
7who fails to make the required this disclosure is commits a
8simple misdemeanor.
93. A person who adjusts the scale weight of corn or soybeans
10both grain for moisture content and for handling, processing,
11or storage losses may combine the two adjustment factors into
12a single factor and may use this resulting factor to compute
13the amount of weight adjustment in connection with storage,
14processing, or sale transactions, provided that the person
15shall post on the business premises in a conspicuous place a
16notice that discloses the moisture shrinkage factor prescribed
17by subsection 1, the handling shrinkage factor to be imposed,
18and the single factor that results from combining these
19factors. Failure The person who fails to make the required
20 this disclosure is commits a simple misdemeanor.
21Part b
22WAREHOUSE OPERATORS
23 Sec. 7. Section 203C.5, subsection 2, Code 2023, is amended
24to read as follows:
252. a. The department may adopt rules specifying the
26form, content, and use of documents issued by a warehouse
27operator under this chapter including but not limited to scale
28weight tickets, warehouse receipts, settlement sheets, and
29daily position records. The department may adopt rules for
30both printed and electronic documents, including rules for
31the transmission, receipt, authentication, and archiving of
32electronically generated or stored documents.
33b. All scale weight ticket forms and warehouse receipt
34forms in the possession of a warehouse operator shall have been
35permanently and consecutively numbered at the time of printing.
-3-1A warehouse operator shall maintain an accurate record of
2the numbers of these documents. The record shall include
3the disposition of each form, whether issued, destroyed, or
4otherwise disposed of. The department may by rule require this
5use of prenumbered forms and recording for documents other than
6scale weight tickets and warehouse receipts.
7 Sec. 8. Section 203C.6, subsection 8, paragraph a, Code
82023, is amended to read as follows:
9a. The applicant has caused liability to the Iowa grain
10depositors and sellers indemnity fund through operations under
11a license issued under this chapter or chapter 203, and the
12liability has not been discharged, settled, or satisfied.
13 Sec. 9. Section 203C.17, subsections 1, 2, 3, 4, and 5, Code
142023, are amended to read as follows:
151. Any grain which has been received at any Grain deposited
16with a licensed warehouse operator for which the actual sale
17price is has not been fixed and either proper documentation
18made has not been furnished or payment has not been made shall
19be construed to be grain held for storage within the meaning of
20this chapter. Grain may be held considered stored grain and
21may be retained in open storage or placed on under warehouse
22receipt. A warehouse receipt shall be issued for all grain
23held in open storage within one year from the date of delivery
24to the warehouse, unless the depositor has signed a statement
25that the depositor does not desire a warehouse receipt. A The
26licensed warehouse operator shall issue a warehouse receipt
27shall be issued to the depositor upon request by the depositor.
28The warehouse operator’s tariff shall apply for to any grain
29that is retained in open storage or placed under warehouse
30receipt as provided in section 203C.18.
312. Bulk grain deposited with a licensed warehouse operator
32for processing, cleaning, drying, shipping for the account of
33the depositor, or any other purpose shall be removed within
34thirty days from the date of deposit or such grain shall be
35determined as considered stored grain and the. The warehouse
-4-1operator’s tariff charges shall apply to the bulk grain as
2provided in section 203C.28.
33. Grain received on deposited and subject to a scale weight
4 ticket which that fails to have the price fixed and properly
5documented on the records of the licensed warehouse operator
6shall be construed to be retained in open storage.
74. All bulk grain whether retained in open storage and
8deposited subject to a scale weight ticket or having been
9 placed on under warehouse receipt is covered by the grain
10depositors and sellers indemnity fund created in as provided in
11 chapter 203D.
125. Any grain which has been received at any An unlicensed
13warehouse and for which the operator shall not retain deposited
14bulk grain, if its actual sale price has not been fixed, and
15payment for the bulk grain has not been made within thirty days
16from receipt of the grain its date of deposit, unless covered
17 purchased by a credit-sale contract, shall be construed to be
18unlawful storage within the meaning of this chapter. Bulk
19grain received at any An unlicensed warehouse for any operator
20who retains deposited bulk gain under any other purpose
21 circumstance must either be returned return the bulk grain to
22the depositor, or disposed of dispose of the bulk grain by
23order of the depositor, within thirty days from date of actual
24 the deposit of the bulk grain.
25 Sec. 10. Section 203C.25, Code 2023, is amended to read as
26follows:
27203C.25 Shrinkage adjustments — disclosures — penalties.
281. A person who, in connection with the receipt of
29corn or soybeans grain for storage, processing, or sale,
30adjusts the scale weight of the grain to compensate for the
31moisture content of the grain shall compute the amount of
32the adjustment by multiplying the scale weight of the grain
33by that factor which results in a rate of adjustment of one
34and eighteen hundredths percent of weight per one percent of
35moisture content. The use of person who uses any rate of
-5-1weight adjustment for moisture content other than the one
2prescribed by this subsection is commits a fraudulent practice
3as defined in section 714.8. The person shall post on the
4business premises in a conspicuous place notice of the rate
5of adjustment for moisture content that is as prescribed by
6this subsection. Failure The person who fails to make this
7disclosure is commits a simple misdemeanor.
82. A person who, in connection with the receipt of grain for
9storage, processing, or sale, adjusts the quantity of the grain
10received to compensate for losses to be incurred during the
11handling, processing, or storage of the grain shall post on the
12business premises in a conspicuous place notice of the rate of
13adjustment to be made for this shrinkage. Failure The person
14who fails to make the required this disclosure is commits a
15simple misdemeanor.
163. A person who adjusts the scale weight of corn or soybeans
17both grain for moisture content and for handling, processing,
18or storage losses may combine the two adjustment factors into
19a single factor and may use this resulting factor to compute
20the amount of weight adjustment in connection with storage,
21processing, or sale transactions, provided that the person
22shall post on the business premises in a conspicuous place a
23notice that discloses the moisture shrinkage factor prescribed
24by subsection 1, the handling shrinkage factor to be imposed,
25and the single factor that results from combining these
26factors. Failure The person who fails to make the required
27 this disclosure is commits a simple misdemeanor.
28 Sec. 11. Section 203C.36, subsection 2, paragraph a,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Uses a scale weight ticket, warehouse receipt, or
31other document in violation of this chapter or requirements
32established by the department under this chapter.
33PART C
34INDEMNITY FUND
35 Sec. 12. Section 203D.1, Code 2023, is amended by adding the
-6-1following new subsection:
2 NEW SUBSECTION. 14A. “Scale weight ticket” means the same
3as defined in section 203C.1.
4DIVISION III
5WEIGHTS AND MEASURES
6PART A
7LICENSING, INSPECTIONS, AND FEES
8 Sec. 13. Section 214.2, Code 2023, is amended to read as
9follows:
10214.2 License.
111. A person who uses or displays for use any commercial
12weighing and measuring device, as defined in section 215.1,
13shall secure must be issued a license from by the department
14for that device. The department shall issue the license after
15inspecting the device.
162. a. Except as provided in paragraph “b”, a license issued
17under subsection 1 shall expire on December 31 of each year.
18b. A license issued under subsection 1 for a motor fuel pump
19shall expire on June 30 of each year.
20 Sec. 14. Section 214.3, subsection 1, Code 2023, is amended
21by striking the subsection.
22 Sec. 15. Section 214.3, subsection 2, Code 2023, is amended
23to read as follows:
242. The A license inspection fee is imposed on a person
25who uses or displays for use a commercial weighing and
26measuring device. The license fee is due the day the device
27is placed into service department issues the license. A
28license inspection fee shall be charged to the person owning
29or operating a commercial weighing and measuring device
30inspected The amount of the license fee shall be calculated in
31accordance with the class or section for devices as established
32by handbook 44 of the United States national institute of
33standards and technology.
34 Sec. 16. Section 214.11, subsection 1, Code 2023, is amended
35to read as follows:
-7- 11. The department shall provide for annual biennial
2 inspections of all motor fuel pumps, including but not limited
3to motor fuel blender pumps, licensed under this chapter.
4Inspections shall be for the purpose of determining the
5accuracy and correctness of motor fuel pumps. For that purpose
6the department’s inspectors may enter upon the premises of any
7 a wholesale dealer or a retail dealer motor fuel site.
8 Sec. 17. Section 215.2, Code 2023, is amended to read as
9follows:
10215.2 Special inspection tests — request — fees.
111. The owner or servicer of a commercial weighing and
12measuring device may request the department conduct a special
13inspection test of the device to determine its accuracy and
14correctness.
152. The fee for special tests, including but not limited to,
16using state inspection equipment, for the calibration, testing,
17certification, or repair conducting a special inspection test
18 of a commercial weighing and measuring device shall be paid
19by the owner or servicer or person requesting the special
20inspection test in accordance with the following schedule:
211. a. Class S, scales, seventy-five dollars per hour.
222. b. Class M, meters, fifty-two dollars and fifty cents
23per hour.
24 Sec. 18. REPEAL. Section 215.12, Code 2023, is repealed.
25PART B
26MOTOR FUEL STANDARDS AND CLASSIFICATIONS
27 Sec. 19. Section 159A.6, subsection 1, paragraph c, Code
282023, is amended to read as follows:
29c. Develop standards for decals required pursuant to
30section 214A.16 214A.21A, which shall be designed to promote
31the advantages of using renewable fuels. The standards may be
32incorporated within a model decal adopted by the office.
33 Sec. 20. Section 214A.1, subsection 2, Code 2023, is amended
34to read as follows:
352. “ASTM international” means a nonprofit organization,
-8-1previously named the American society for testing and materials
2international.
3 Sec. 21. Section 214A.1, Code 2023, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 33A. a. “Renewable diesel” means a motor
6fuel for use in an internal combustion engine and ignited by
7pressure without the presence of an electric spark, which
8is produced from nonfossil renewable resources, including
9agricultural plants, animal fats, residue, and waste generated
10from the production, processing, and marketing of agricultural
11products, and other renewable resources.
12b. “Renewable diesel” must meet the standards provided in
13section 214A.2.
14c. “Renewable diesel” does not include any of the following:
15(1) Biodiesel.
16(2) A fuel that has been coprocessed.
17 NEW SUBSECTION. 33B. “Renewable diesel blended fuel” means
18a blend of renewable diesel with petroleum-based diesel fuel,
19biodiesel, or a combination of petroleum-based diesel fuel and
20biodiesel, which meets the standards, including separately
21the standard for its renewable diesel component, provided in
22section 214A.2.
23 Sec. 22. Section 214A.2, subsection 4, Code 2023, is amended
24by adding the following new paragraph:
25 NEW PARAGRAPH. c. (1) If the motor fuel is advertised
26for sale or sold as renewable diesel or renewable diesel
27blended fuel, the motor fuel must meet departmental standards
28based in part or in whole on specifications adopted by ASTM
29international for renewable diesel or renewable diesel blended
30motor fuel, to every extent applicable, as determined by the
31department subject to subparagraph (2).
32(2) Renewable diesel must at least meet departmental
33standards based in whole or in part on ASTM international
34specification D975, or a successor ASTM international
35specification, established by rule. The specification shall
-9-1apply to renewable diesel before it leaves its place of
2manufacture.
3 Sec. 23. Section 214A.2, subsection 5, Code 2023, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. d. (1) Renewable diesel shall be classified
6RD-100.
7(2) Renewable diesel blended fuel shall be classified RD-xx
8where “xx” is the volume percent of renewable diesel.
9 Sec. 24. Section 214A.2B, Code 2023, is amended to read as
10follows:
11214A.2B Laboratory for motor fuel and biofuels fuels,
12biofuels, and renewable fuels.
13A laboratory for motor fuel and biofuels is established at a
14community college which is engaged in biofuels testing on July
151, 2007, and which testing includes but is not limited to The
16Iowa central fuel testing laboratory at Iowa central community
17college shall test motor fuels, biofuels, and renewable fuels,
18including but not limited to B-20 biodiesel fuel testing for
19use by motor trucks and the ability of biofuels to meet ASTM
20international standards. The laboratory shall conduct the
21 testing of motor fuel fuels sold in this state and biofuel
22which is biofuels blended in with motor fuel fuels in this
23state to ensure that the motor fuel or fuels, biofuels, and
24renewable fuels meet the requirements departmental standards
25 in section 214A.2.
26PART C
27CODE EDITOR DIRECTIVE
28 Sec. 25. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfer:
31Section 214A.16 to section 214A.21A.
322. The Code editor shall correct internal references in the
33Code and in any enacted legislation as necessary due to the
34enactment of this section.
35DIVISION IV
-10-1WATER QUALITY
2 Sec. 26. Section 466B.43, subsection 6, Code 2023, is
3amended to read as follows:
46. By October 1, 2019, and each October 1 thereafter of
5each year, the division shall submit a report to the governor
6and the general assembly itemizing expenditures, by hydrologic
7unit code 8 watershed, under the programs, if any, during the
8previous fiscal year, if any.
9 Sec. 27. Section 466B.44, subsection 5, Code 2023, is
10amended to read as follows:
115. Notwithstanding any other provision in this section
12to the contrary, beginning on July 1, 2018, the division
13may use any amount available to support the water quality
14urban infrastructure program to instead extend do any of the
15following:
16a. Extendand support the three-year data collection of
17in-field agricultural practices project as enacted in 2015 Iowa
18Acts, ch.132, §18.
19b. Support water quality agriculture infrastructure programs
20created in section 466B.43.
21 Sec. 28. Section 466B.44, subsection 7, Code 2023, is
22amended to read as follows:
237. By October 1, 2019, and by October 1 of each year
24thereafter, the division shall submit a report to the governor
25and the general assembly itemizing expenditures under the
26program, if any, during the previous fiscal year.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30GENERAL. This bill relates to a number of regulations
31and programs administered and enforced by the department of
32agriculture and land stewardship (DALS). Specifically, the
33bill amends provisions regulating commercial establishments
34including pet shops engaged in the business of purchasing and
35transferring (by sale or exchange) vertebrate animals (animals)
-11-1other than agricultural animals (Code chapter 162). The
2bill regulates grain transactions including by grain dealers
3(dealers) and warehouse operators (operators) (Code chapters
4203 and 203C) and the indemnification of losses by sellers or
5depositors from the grain depositors and sellers indemnity fund
6(Code chapter 203D). The bill also regulates the commercial
7use of weights and measures, including motor fuel pumps (fuel
8pumps) that are part of motor fuel dispensers (dispensers),
9and types of motor fuel advertised for sale (Code chapters
10214, 214A, and 215), including diesel fuel for use in certain
11internal combustion engines. Finally, the bill provides for
12the expenditure of moneys for surface water quality initiatives
13(initiatives) in order to assess and reduce nutrients in this
14state’s watersheds (Code chapter 466B) in conformance with the
15Iowa nutrient reduction strategy (Code section 455B.171).
16COMMERCIAL ESTABLISHMENTS — PET SHOPS. Under current law,
17a business classified as a pet shop is a type of establishment
18required to be annually licensed (Code section 162.5) and pay
19an associated fee (Code section 162.2B). A business is not
20regulated as a pet shop if, during the prior 12-month period,
21the business either receives less than $500 or transfers
22less than six animals. The bill doubles the exemption
23qualifications to less than $1,000 or less than 12 animals
24(amended Code section 162.2).
25COMMERCIAL ESTABLISHMENTS — PENALTY. A person who operates
26as a pet shop in violation of licensing requirements is guilty
27of a simple misdemeanor (Code section 162.13).
28GRAIN REGULATION — BACKGROUND. As part of a grain
29transaction, an operator issues a prenumbered scale
30weight ticket to a depositor as evidence of stored grain.
31Alternatively, the operator may issue a warehouse receipt as a
32form which may be a document of title and therefore negotiable
33(Code chapter 554, Art.7). In order for a seller or depositor
34to be indemnified for a loss by the fund, the dollar value of
35a claim for transferred grain is based on either a warehouse
-12-1receipt or scale weight ticket (Code section 203D.6).
2GRAIN REGULATION — TERMS. Currently, several different
3terms are used to describe the same item. The bill changes
4the terms to be uniform, including “scale ticket” to “scale
5weight ticket” and “Iowa grain depositors and sellers indemnity
6fund” to “grain depositors and sellers indemnity fund”, which
7are both defined (amended Code sections 203.1, 203.5, 203.11,
8203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1).
9GRAIN REGULATION — GRAIN MOISTURE CONTENT. A person
10receiving corn or soybeans as part of a transaction involving
11storage, processing, or sale may adjust the scale weight to
12account for moisture content (i.e., reducing the scale weight
13by a special factor calculated for each 1 percent of moisture
14content). The bill provides that the adjustment applies to all
15grain in which there are standards established by the United
16States department of agriculture (Code sections 203.1 and
17203C.1 and amended Code sections 203.20 and 203C.25).
18GRAIN REGULATION — OPEN STORAGE. An operator may retain
19delivered grain in open storage (meaning without issuing a
20warehouse receipt or making a purchase) subject to certain
21limitations. Grain subject to a scale weight ticket without
22having the price fixed and documented by the operator is
23considered to be retained in open storage. Currently, if
24grain is retained in open storage, the operator must issue the
25depositor a warehouse receipt within one year of the grain’s
26delivery date, unless the depositor signs a statement refusing
27it. The bill eliminates this requirement. Upon request, the
28operator must still issue the depositor a warehouse receipt
29(amended Code section 203C.17).
30GRAIN REGULATION — PENALTIES. A person who violates Code
31chapter 203 or 203C is guilty of a simple misdemeanor (Code
32sections 203.11 and 203C.36).
33WEIGHTS AND MEASURES. A person who uses or displays a
34commercial weighing or measuring device (device) must be
35licensed. The term of the license is 12 months. Generally,
-13-1the term is on a calendar year basis (January 1 to December
231) but for motor fuel pumps the term is on a fiscal year
3basis (July 1 to June 30). A fee is required for the issuance
4of the license and an inspection (license inspection fee)
5first due when the device is placed into service. DALS is
6expressly required to inspect motor fuel pumps each year. The
7bill provides that the fee is for the issuance of the license
8rather than the inspection, the license fee is due when the
9license is issued, and that DALS must inspect motor fuel pumps
10on a biennial basis (amended Code sections 214.2, 214.3, and
11214.11). The bill also eliminates a requirement that persons
12engaged in repairing scales must file a bond with the state
13(repealed Code section 215.12).
14WEIGHTS AND MEASURES — MOTOR FUEL STANDARDS AND
15CLASSIFICATIONS. Motor fuels include fossil (petroleum) based
16gasoline and diesel fuel as well as certain biofuel components
17derived from renewable (nonpetroleum) resources such as ethanol
18classified as E-100 and biodiesel comprised of monoalkyl esters
19of long-chain fatty acids and classified as B-100. Both types
20of substances are used to produce renewable fuels (e.g., E-15
21or B-5) subject to separate departmental standards based on
22ASTM international (ASTM) specifications. The bill regulates
23another liquid fuel referred to renewable diesel classified as
24RD-100 that may be used as a motor fuel or a blending component
25and classified as RD-xx. RD-100 is produced from nonfossil
26renewable resources but is not biodiesel due to manufacturing
27processes. Petroleum-based diesel fuel and RD-100 are subject
28to the same ASTM specification D975 while B-100 is subject to
29ASTM specification D6751 (amended Code sections 214A.1 and
30214A.2).
31WEIGHTS AND MEASURES — TESTING LABORATORY. The bill
32expressly recognizes the Iowa central fuel testing laboratory
33at Iowa central community college as the official laboratory
34for testing motor fuels, biofuels, and renewable fuels (amended
35Code section 214A.2B).
-14- 1WEIGHTS AND MEASURES — CODE EDITOR DIRECTIVE. The bill
2transfers Code section 214A.16 from subchapter I to subchapter
3II of Code chapter 214A. The Code section regulates a notice
4required to be posted for consumers purchasing renewable fuels.
5In 2022, the general assembly enacted 2022 Iowa Acts, chapter
61152, which reorganized Code chapter 214A. Subchapter I
7regulates general matters such as standards and classifications
8and subchapter II regulates the advertisement, sale, and use
9of motor fuel.
10WEIGHTS AND MEASURES — PENALTY. A person who fails to allow
11for an inspection of a motor fuel pump is guilty of a simple
12misdemeanor.
13WATER QUALITY. DALS regulates two water quality
14initiatives, including water quality agriculture infrastructure
15programs (amended Code section 466B.43) and the water quality
16urban infrastructure program (amended Code section 466B.44).
17The initiative is supported by the water quality initiative
18fund (Code section 466B.45), the water quality infrastructure
19fund (Code section 8.57B), and the water quality financial
20assistance fund (Code section 16.134A). Moneys in the last
21fund (15 percent) are appropriated to support the water quality
22urban infrastructure program. The bill provides that DALS
23may use moneys available to support the water quality urban
24infrastructure program to instead support the water quality
25agriculture infrastructure programs. The bill also eliminates
26dates in several Code sections that are now extraneous.
27APPLICABLE PENALTIES. A simple misdemeanor is punishable by
28confinement for no more than 30 days and a fine of at least $105
29but not more than $855.
-15-da/ns
2and enforced by the department of agriculture and land
3stewardship, providing fees, providing for the allocation of
4moneys, and making penalties applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION OF COMMERCIAL ESTABLISHMENTS
3 Section 1. Section 162.2, subsection 19, Code 2023, is
4amended by striking the subsection and inserting in lieu
5thereof the following:
619. “Pet shop” means a facility where vertebrate animals,
7excluding fish, not born and reared on the facility’s premises
8are bought, sold, exchanged, or offered for sale or exchange to
9the public, at retail. “Pet shop” does not include a facility
10if one of the following applies:
11a. The facility receives less than one thousand dollars from
12the sale or exchange of vertebrate animals, excluding fish,
13during a twelve-month period.
14b. The facility sells or exchanges less than twelve
15vertebrate animals, excluding fish, during a twelve-month
16period.
17DIVISION II
18GRAIN REGULATION
19PART A
20GRAIN DEALERS
21 Sec. 2. Section 203.1, Code 2023, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 12A. “Scale weight ticket” means the same
24as defined in section 203C.1.
25 Sec. 3. Section 203.5, subsection 8, paragraph a, Code 2023,
26is amended to read as follows:
27a. The applicant has caused liability to the Iowa grain
28depositors and sellers indemnity fund in regard to a license
29issued under this chapter or chapter 203C, and the liability
30has not been discharged, settled, or satisfied.
31 Sec. 4. Section 203.11, subsection 2, paragraph a,
32subparagraph (3), Code 2023, is amended to read as follows:
33(3) Uses a scale weight ticket or credit-sale contract in
34violation of this chapter or a requirement established by the
35department under this chapter.
-1-1 Sec. 5. Section 203.17, Code 2023, is amended to read as
2follows:
3203.17 Documents and records.
41. The department may adopt rules specifying the form,
5content, use, and maintenance of documents issued by a grain
6dealer under this chapter including but not limited to scale
7weight tickets, settlement sheets, daily position records, and
8credit-sale contracts. The department may adopt rules for
9both printed and electronic documents, including rules for
10the transmission, receipt, authentication, and archiving of
11electronically generated or stored documents.
122. All scale weight ticket forms in the possession of a
13grain dealer shall have been permanently and consecutively
14numbered at the time of printing. A grain dealer shall
15maintain an accurate record of all scale weight ticket numbers.
16The record shall include the disposition of each numbered form,
17whether issued, destroyed, or otherwise disposed of.
18 Sec. 6. Section 203.20, Code 2023, is amended to read as
19follows:
20203.20 Shrinkage adjustments — disclosures — penalties.
211. A person who, in connection with the receipt of
22corn or soybeans grain for storage, processing, or sale,
23adjusts the scale weight of the grain to compensate for the
24moisture content of the grain shall compute the amount of
25the adjustment by multiplying the scale weight of the grain
26by that factor which results in a rate of adjustment of one
27and eighteen hundredths percent of weight per one percent of
28moisture content. The use of person who uses any rate of
29weight adjustment for moisture content other than the one
30prescribed by this subsection is commits a fraudulent practice
31as defined in section 714.8. The person shall post on the
32business premises in a conspicuous place notice of the rate
33of adjustment for moisture content that is as prescribed by
34this subsection. Failure The person who fails to make this
35disclosure is commits a simple misdemeanor.
-2- 12. A person who, in connection with the receipt of grain for
2storage, processing, or sale, adjusts the quantity of the grain
3received to compensate for losses to be incurred during the
4handling, processing, or storage of the grain shall post on the
5business premises in a conspicuous place notice of the rate of
6adjustment to be made for this shrinkage. Failure The person
7who fails to make the required this disclosure is commits a
8simple misdemeanor.
93. A person who adjusts the scale weight of corn or soybeans
10both grain for moisture content and for handling, processing,
11or storage losses may combine the two adjustment factors into
12a single factor and may use this resulting factor to compute
13the amount of weight adjustment in connection with storage,
14processing, or sale transactions, provided that the person
15shall post on the business premises in a conspicuous place a
16notice that discloses the moisture shrinkage factor prescribed
17by subsection 1, the handling shrinkage factor to be imposed,
18and the single factor that results from combining these
19factors. Failure The person who fails to make the required
20 this disclosure is commits a simple misdemeanor.
21Part b
22WAREHOUSE OPERATORS
23 Sec. 7. Section 203C.5, subsection 2, Code 2023, is amended
24to read as follows:
252. a. The department may adopt rules specifying the
26form, content, and use of documents issued by a warehouse
27operator under this chapter including but not limited to scale
28weight tickets, warehouse receipts, settlement sheets, and
29daily position records. The department may adopt rules for
30both printed and electronic documents, including rules for
31the transmission, receipt, authentication, and archiving of
32electronically generated or stored documents.
33b. All scale weight ticket forms and warehouse receipt
34forms in the possession of a warehouse operator shall have been
35permanently and consecutively numbered at the time of printing.
-3-1A warehouse operator shall maintain an accurate record of
2the numbers of these documents. The record shall include
3the disposition of each form, whether issued, destroyed, or
4otherwise disposed of. The department may by rule require this
5use of prenumbered forms and recording for documents other than
6scale weight tickets and warehouse receipts.
7 Sec. 8. Section 203C.6, subsection 8, paragraph a, Code
82023, is amended to read as follows:
9a. The applicant has caused liability to the Iowa grain
10depositors and sellers indemnity fund through operations under
11a license issued under this chapter or chapter 203, and the
12liability has not been discharged, settled, or satisfied.
13 Sec. 9. Section 203C.17, subsections 1, 2, 3, 4, and 5, Code
142023, are amended to read as follows:
151. Any grain which has been received at any Grain deposited
16with a licensed warehouse operator for which the actual sale
17price is has not been fixed and either proper documentation
18made has not been furnished or payment has not been made shall
19be construed to be grain held for storage within the meaning of
20this chapter. Grain may be held considered stored grain and
21may be retained in open storage or placed on under warehouse
22receipt. A warehouse receipt shall be issued for all grain
23held in open storage within one year from the date of delivery
24to the warehouse, unless the depositor has signed a statement
25that the depositor does not desire a warehouse receipt. A The
26licensed warehouse operator shall issue a warehouse receipt
27shall be issued to the depositor upon request by the depositor.
28The warehouse operator’s tariff shall apply for to any grain
29that is retained in open storage or placed under warehouse
30receipt as provided in section 203C.18.
312. Bulk grain deposited with a licensed warehouse operator
32for processing, cleaning, drying, shipping for the account of
33the depositor, or any other purpose shall be removed within
34thirty days from the date of deposit or such grain shall be
35determined as considered stored grain and the. The warehouse
-4-1operator’s tariff charges shall apply to the bulk grain as
2provided in section 203C.28.
33. Grain received on deposited and subject to a scale weight
4 ticket which that fails to have the price fixed and properly
5documented on the records of the licensed warehouse operator
6shall be construed to be retained in open storage.
74. All bulk grain whether retained in open storage and
8deposited subject to a scale weight ticket or having been
9 placed on under warehouse receipt is covered by the grain
10depositors and sellers indemnity fund created in as provided in
11 chapter 203D.
125. Any grain which has been received at any An unlicensed
13warehouse and for which the operator shall not retain deposited
14bulk grain, if its actual sale price has not been fixed, and
15payment for the bulk grain has not been made within thirty days
16from receipt of the grain its date of deposit, unless covered
17 purchased by a credit-sale contract, shall be construed to be
18unlawful storage within the meaning of this chapter. Bulk
19grain received at any An unlicensed warehouse for any operator
20who retains deposited bulk gain under any other purpose
21 circumstance must either be returned return the bulk grain to
22the depositor, or disposed of dispose of the bulk grain by
23order of the depositor, within thirty days from date of actual
24 the deposit of the bulk grain.
25 Sec. 10. Section 203C.25, Code 2023, is amended to read as
26follows:
27203C.25 Shrinkage adjustments — disclosures — penalties.
281. A person who, in connection with the receipt of
29corn or soybeans grain for storage, processing, or sale,
30adjusts the scale weight of the grain to compensate for the
31moisture content of the grain shall compute the amount of
32the adjustment by multiplying the scale weight of the grain
33by that factor which results in a rate of adjustment of one
34and eighteen hundredths percent of weight per one percent of
35moisture content. The use of person who uses any rate of
-5-1weight adjustment for moisture content other than the one
2prescribed by this subsection is commits a fraudulent practice
3as defined in section 714.8. The person shall post on the
4business premises in a conspicuous place notice of the rate
5of adjustment for moisture content that is as prescribed by
6this subsection. Failure The person who fails to make this
7disclosure is commits a simple misdemeanor.
82. A person who, in connection with the receipt of grain for
9storage, processing, or sale, adjusts the quantity of the grain
10received to compensate for losses to be incurred during the
11handling, processing, or storage of the grain shall post on the
12business premises in a conspicuous place notice of the rate of
13adjustment to be made for this shrinkage. Failure The person
14who fails to make the required this disclosure is commits a
15simple misdemeanor.
163. A person who adjusts the scale weight of corn or soybeans
17both grain for moisture content and for handling, processing,
18or storage losses may combine the two adjustment factors into
19a single factor and may use this resulting factor to compute
20the amount of weight adjustment in connection with storage,
21processing, or sale transactions, provided that the person
22shall post on the business premises in a conspicuous place a
23notice that discloses the moisture shrinkage factor prescribed
24by subsection 1, the handling shrinkage factor to be imposed,
25and the single factor that results from combining these
26factors. Failure The person who fails to make the required
27 this disclosure is commits a simple misdemeanor.
28 Sec. 11. Section 203C.36, subsection 2, paragraph a,
29subparagraph (3), Code 2023, is amended to read as follows:
30(3) Uses a scale weight ticket, warehouse receipt, or
31other document in violation of this chapter or requirements
32established by the department under this chapter.
33PART C
34INDEMNITY FUND
35 Sec. 12. Section 203D.1, Code 2023, is amended by adding the
-6-1following new subsection:
2 NEW SUBSECTION. 14A. “Scale weight ticket” means the same
3as defined in section 203C.1.
4DIVISION III
5WEIGHTS AND MEASURES
6PART A
7LICENSING, INSPECTIONS, AND FEES
8 Sec. 13. Section 214.2, Code 2023, is amended to read as
9follows:
10214.2 License.
111. A person who uses or displays for use any commercial
12weighing and measuring device, as defined in section 215.1,
13shall secure must be issued a license from by the department
14for that device. The department shall issue the license after
15inspecting the device.
162. a. Except as provided in paragraph “b”, a license issued
17under subsection 1 shall expire on December 31 of each year.
18b. A license issued under subsection 1 for a motor fuel pump
19shall expire on June 30 of each year.
20 Sec. 14. Section 214.3, subsection 1, Code 2023, is amended
21by striking the subsection.
22 Sec. 15. Section 214.3, subsection 2, Code 2023, is amended
23to read as follows:
242. The A license inspection fee is imposed on a person
25who uses or displays for use a commercial weighing and
26measuring device. The license fee is due the day the device
27is placed into service department issues the license. A
28license inspection fee shall be charged to the person owning
29or operating a commercial weighing and measuring device
30inspected The amount of the license fee shall be calculated in
31accordance with the class or section for devices as established
32by handbook 44 of the United States national institute of
33standards and technology.
34 Sec. 16. Section 214.11, subsection 1, Code 2023, is amended
35to read as follows:
-7- 11. The department shall provide for annual biennial
2 inspections of all motor fuel pumps, including but not limited
3to motor fuel blender pumps, licensed under this chapter.
4Inspections shall be for the purpose of determining the
5accuracy and correctness of motor fuel pumps. For that purpose
6the department’s inspectors may enter upon the premises of any
7 a wholesale dealer or a retail dealer motor fuel site.
8 Sec. 17. Section 215.2, Code 2023, is amended to read as
9follows:
10215.2 Special inspection tests — request — fees.
111. The owner or servicer of a commercial weighing and
12measuring device may request the department conduct a special
13inspection test of the device to determine its accuracy and
14correctness.
152. The fee for special tests, including but not limited to,
16using state inspection equipment, for the calibration, testing,
17certification, or repair conducting a special inspection test
18 of a commercial weighing and measuring device shall be paid
19by the owner or servicer or person requesting the special
20inspection test in accordance with the following schedule:
211. a. Class S, scales, seventy-five dollars per hour.
222. b. Class M, meters, fifty-two dollars and fifty cents
23per hour.
24 Sec. 18. REPEAL. Section 215.12, Code 2023, is repealed.
25PART B
26MOTOR FUEL STANDARDS AND CLASSIFICATIONS
27 Sec. 19. Section 159A.6, subsection 1, paragraph c, Code
282023, is amended to read as follows:
29c. Develop standards for decals required pursuant to
30section 214A.16 214A.21A, which shall be designed to promote
31the advantages of using renewable fuels. The standards may be
32incorporated within a model decal adopted by the office.
33 Sec. 20. Section 214A.1, subsection 2, Code 2023, is amended
34to read as follows:
352. “ASTM international” means a nonprofit organization,
-8-1previously named the American society for testing and materials
2international.
3 Sec. 21. Section 214A.1, Code 2023, is amended by adding the
4following new subsections:
5 NEW SUBSECTION. 33A. a. “Renewable diesel” means a motor
6fuel for use in an internal combustion engine and ignited by
7pressure without the presence of an electric spark, which
8is produced from nonfossil renewable resources, including
9agricultural plants, animal fats, residue, and waste generated
10from the production, processing, and marketing of agricultural
11products, and other renewable resources.
12b. “Renewable diesel” must meet the standards provided in
13section 214A.2.
14c. “Renewable diesel” does not include any of the following:
15(1) Biodiesel.
16(2) A fuel that has been coprocessed.
17 NEW SUBSECTION. 33B. “Renewable diesel blended fuel” means
18a blend of renewable diesel with petroleum-based diesel fuel,
19biodiesel, or a combination of petroleum-based diesel fuel and
20biodiesel, which meets the standards, including separately
21the standard for its renewable diesel component, provided in
22section 214A.2.
23 Sec. 22. Section 214A.2, subsection 4, Code 2023, is amended
24by adding the following new paragraph:
25 NEW PARAGRAPH. c. (1) If the motor fuel is advertised
26for sale or sold as renewable diesel or renewable diesel
27blended fuel, the motor fuel must meet departmental standards
28based in part or in whole on specifications adopted by ASTM
29international for renewable diesel or renewable diesel blended
30motor fuel, to every extent applicable, as determined by the
31department subject to subparagraph (2).
32(2) Renewable diesel must at least meet departmental
33standards based in whole or in part on ASTM international
34specification D975, or a successor ASTM international
35specification, established by rule. The specification shall
-9-1apply to renewable diesel before it leaves its place of
2manufacture.
3 Sec. 23. Section 214A.2, subsection 5, Code 2023, is amended
4by adding the following new paragraph:
5 NEW PARAGRAPH. d. (1) Renewable diesel shall be classified
6RD-100.
7(2) Renewable diesel blended fuel shall be classified RD-xx
8where “xx” is the volume percent of renewable diesel.
9 Sec. 24. Section 214A.2B, Code 2023, is amended to read as
10follows:
11214A.2B Laboratory for motor fuel and biofuels fuels,
12biofuels, and renewable fuels.
13A laboratory for motor fuel and biofuels is established at a
14community college which is engaged in biofuels testing on July
151, 2007, and which testing includes but is not limited to The
16Iowa central fuel testing laboratory at Iowa central community
17college shall test motor fuels, biofuels, and renewable fuels,
18including but not limited to B-20 biodiesel fuel testing for
19use by motor trucks and the ability of biofuels to meet ASTM
20international standards. The laboratory shall conduct the
21 testing of motor fuel fuels sold in this state and biofuel
22which is biofuels blended in with motor fuel fuels in this
23state to ensure that the motor fuel or fuels, biofuels, and
24renewable fuels meet the requirements departmental standards
25 in section 214A.2.
26PART C
27CODE EDITOR DIRECTIVE
28 Sec. 25. CODE EDITOR DIRECTIVE.
291. The Code editor is directed to make the following
30transfer:
31Section 214A.16 to section 214A.21A.
322. The Code editor shall correct internal references in the
33Code and in any enacted legislation as necessary due to the
34enactment of this section.
35DIVISION IV
-10-1WATER QUALITY
2 Sec. 26. Section 466B.43, subsection 6, Code 2023, is
3amended to read as follows:
46. By October 1, 2019, and each October 1 thereafter of
5each year, the division shall submit a report to the governor
6and the general assembly itemizing expenditures, by hydrologic
7unit code 8 watershed, under the programs, if any, during the
8previous fiscal year, if any.
9 Sec. 27. Section 466B.44, subsection 5, Code 2023, is
10amended to read as follows:
115. Notwithstanding any other provision in this section
12to the contrary, beginning on July 1, 2018, the division
13may use any amount available to support the water quality
14urban infrastructure program to instead extend do any of the
15following:
16a. Extendand support the three-year data collection of
17in-field agricultural practices project as enacted in 2015 Iowa
18Acts, ch.132, §18.
19b. Support water quality agriculture infrastructure programs
20created in section 466B.43.
21 Sec. 28. Section 466B.44, subsection 7, Code 2023, is
22amended to read as follows:
237. By October 1, 2019, and by October 1 of each year
24thereafter, the division shall submit a report to the governor
25and the general assembly itemizing expenditures under the
26program, if any, during the previous fiscal year.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30GENERAL. This bill relates to a number of regulations
31and programs administered and enforced by the department of
32agriculture and land stewardship (DALS). Specifically, the
33bill amends provisions regulating commercial establishments
34including pet shops engaged in the business of purchasing and
35transferring (by sale or exchange) vertebrate animals (animals)
-11-1other than agricultural animals (Code chapter 162). The
2bill regulates grain transactions including by grain dealers
3(dealers) and warehouse operators (operators) (Code chapters
4203 and 203C) and the indemnification of losses by sellers or
5depositors from the grain depositors and sellers indemnity fund
6(Code chapter 203D). The bill also regulates the commercial
7use of weights and measures, including motor fuel pumps (fuel
8pumps) that are part of motor fuel dispensers (dispensers),
9and types of motor fuel advertised for sale (Code chapters
10214, 214A, and 215), including diesel fuel for use in certain
11internal combustion engines. Finally, the bill provides for
12the expenditure of moneys for surface water quality initiatives
13(initiatives) in order to assess and reduce nutrients in this
14state’s watersheds (Code chapter 466B) in conformance with the
15Iowa nutrient reduction strategy (Code section 455B.171).
16COMMERCIAL ESTABLISHMENTS — PET SHOPS. Under current law,
17a business classified as a pet shop is a type of establishment
18required to be annually licensed (Code section 162.5) and pay
19an associated fee (Code section 162.2B). A business is not
20regulated as a pet shop if, during the prior 12-month period,
21the business either receives less than $500 or transfers
22less than six animals. The bill doubles the exemption
23qualifications to less than $1,000 or less than 12 animals
24(amended Code section 162.2).
25COMMERCIAL ESTABLISHMENTS — PENALTY. A person who operates
26as a pet shop in violation of licensing requirements is guilty
27of a simple misdemeanor (Code section 162.13).
28GRAIN REGULATION — BACKGROUND. As part of a grain
29transaction, an operator issues a prenumbered scale
30weight ticket to a depositor as evidence of stored grain.
31Alternatively, the operator may issue a warehouse receipt as a
32form which may be a document of title and therefore negotiable
33(Code chapter 554, Art.7). In order for a seller or depositor
34to be indemnified for a loss by the fund, the dollar value of
35a claim for transferred grain is based on either a warehouse
-12-1receipt or scale weight ticket (Code section 203D.6).
2GRAIN REGULATION — TERMS. Currently, several different
3terms are used to describe the same item. The bill changes
4the terms to be uniform, including “scale ticket” to “scale
5weight ticket” and “Iowa grain depositors and sellers indemnity
6fund” to “grain depositors and sellers indemnity fund”, which
7are both defined (amended Code sections 203.1, 203.5, 203.11,
8203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1).
9GRAIN REGULATION — GRAIN MOISTURE CONTENT. A person
10receiving corn or soybeans as part of a transaction involving
11storage, processing, or sale may adjust the scale weight to
12account for moisture content (i.e., reducing the scale weight
13by a special factor calculated for each 1 percent of moisture
14content). The bill provides that the adjustment applies to all
15grain in which there are standards established by the United
16States department of agriculture (Code sections 203.1 and
17203C.1 and amended Code sections 203.20 and 203C.25).
18GRAIN REGULATION — OPEN STORAGE. An operator may retain
19delivered grain in open storage (meaning without issuing a
20warehouse receipt or making a purchase) subject to certain
21limitations. Grain subject to a scale weight ticket without
22having the price fixed and documented by the operator is
23considered to be retained in open storage. Currently, if
24grain is retained in open storage, the operator must issue the
25depositor a warehouse receipt within one year of the grain’s
26delivery date, unless the depositor signs a statement refusing
27it. The bill eliminates this requirement. Upon request, the
28operator must still issue the depositor a warehouse receipt
29(amended Code section 203C.17).
30GRAIN REGULATION — PENALTIES. A person who violates Code
31chapter 203 or 203C is guilty of a simple misdemeanor (Code
32sections 203.11 and 203C.36).
33WEIGHTS AND MEASURES. A person who uses or displays a
34commercial weighing or measuring device (device) must be
35licensed. The term of the license is 12 months. Generally,
-13-1the term is on a calendar year basis (January 1 to December
231) but for motor fuel pumps the term is on a fiscal year
3basis (July 1 to June 30). A fee is required for the issuance
4of the license and an inspection (license inspection fee)
5first due when the device is placed into service. DALS is
6expressly required to inspect motor fuel pumps each year. The
7bill provides that the fee is for the issuance of the license
8rather than the inspection, the license fee is due when the
9license is issued, and that DALS must inspect motor fuel pumps
10on a biennial basis (amended Code sections 214.2, 214.3, and
11214.11). The bill also eliminates a requirement that persons
12engaged in repairing scales must file a bond with the state
13(repealed Code section 215.12).
14WEIGHTS AND MEASURES — MOTOR FUEL STANDARDS AND
15CLASSIFICATIONS. Motor fuels include fossil (petroleum) based
16gasoline and diesel fuel as well as certain biofuel components
17derived from renewable (nonpetroleum) resources such as ethanol
18classified as E-100 and biodiesel comprised of monoalkyl esters
19of long-chain fatty acids and classified as B-100. Both types
20of substances are used to produce renewable fuels (e.g., E-15
21or B-5) subject to separate departmental standards based on
22ASTM international (ASTM) specifications. The bill regulates
23another liquid fuel referred to renewable diesel classified as
24RD-100 that may be used as a motor fuel or a blending component
25and classified as RD-xx. RD-100 is produced from nonfossil
26renewable resources but is not biodiesel due to manufacturing
27processes. Petroleum-based diesel fuel and RD-100 are subject
28to the same ASTM specification D975 while B-100 is subject to
29ASTM specification D6751 (amended Code sections 214A.1 and
30214A.2).
31WEIGHTS AND MEASURES — TESTING LABORATORY. The bill
32expressly recognizes the Iowa central fuel testing laboratory
33at Iowa central community college as the official laboratory
34for testing motor fuels, biofuels, and renewable fuels (amended
35Code section 214A.2B).
-14- 1WEIGHTS AND MEASURES — CODE EDITOR DIRECTIVE. The bill
2transfers Code section 214A.16 from subchapter I to subchapter
3II of Code chapter 214A. The Code section regulates a notice
4required to be posted for consumers purchasing renewable fuels.
5In 2022, the general assembly enacted 2022 Iowa Acts, chapter
61152, which reorganized Code chapter 214A. Subchapter I
7regulates general matters such as standards and classifications
8and subchapter II regulates the advertisement, sale, and use
9of motor fuel.
10WEIGHTS AND MEASURES — PENALTY. A person who fails to allow
11for an inspection of a motor fuel pump is guilty of a simple
12misdemeanor.
13WATER QUALITY. DALS regulates two water quality
14initiatives, including water quality agriculture infrastructure
15programs (amended Code section 466B.43) and the water quality
16urban infrastructure program (amended Code section 466B.44).
17The initiative is supported by the water quality initiative
18fund (Code section 466B.45), the water quality infrastructure
19fund (Code section 8.57B), and the water quality financial
20assistance fund (Code section 16.134A). Moneys in the last
21fund (15 percent) are appropriated to support the water quality
22urban infrastructure program. The bill provides that DALS
23may use moneys available to support the water quality urban
24infrastructure program to instead support the water quality
25agriculture infrastructure programs. The bill also eliminates
26dates in several Code sections that are now extraneous.
27APPLICABLE PENALTIES. A simple misdemeanor is punishable by
28confinement for no more than 30 days and a fine of at least $105
29but not more than $855.
-15-da/ns