CHAPTER 266
IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

SUBCHAPTER I
GENERAL PROVISIONS

     
266.1  Grants accepted.
  Legislative assent is given to the purposes of the various congressional grants to the state for the endowment and support of an Iowa state university of science and technology, and an agricultural experiment station as a department thereof, upon the terms, conditions, and restrictions contained in all Acts of Congress relating thereto, and the state assumes the duties, obligations, and responsibilities thereby imposed. All moneys appropriated by the state because of the obligations thus assumed, and all funds arising from said congressional grants, shall be invested or expended in accordance with the provision of such grant, for the use and support of said university of science and technology located at Ames.
[R60, §1714; C73, §1604; C97, §2645; C24, 27, 31, 35, 39, §4031; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.1]

     
266.2  Courses of study.
  There shall be adopted and taught at said university of science and technology practical courses of study, embracing in their leading branches such as relate to agriculture and mechanic arts, mines and mining, and ceramics, and such other branches as are best calculated to educate thoroughly the agricultural and industrial classes in the several pursuits and professions of life, including military tactics. If a practitioner preparation program as defined in section 272.1 is established, it shall include the subject of physical education.
[R60, §1728; C73, §1621; C97, §2648; S13, §2674-d; C24, 27, 31, 35, 39, §4032; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.2]
2011 Acts, ch 34, §71

     
266.3  Investigation of mineral resources.
  The said university of science and technology shall provide, as a part of its engineering experiment station work, for the investigation of clays, cement materials, fuels, and other mineral resources of the state with especial reference to their economic uses, and for the publication and dissemination of information useful to such industries, and for the testing of the products thereof.
[S13, §2674-e; C24, 27, 31, 35, 39, §4033; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.3]

     
266.4  Cooperative agricultural extension work.
  The assent of the legislature of the state of Iowa is hereby given to the provisions and requirements of an Act of Congress approved May 8, 1914, providing for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of the Act of Congress approved July 2, 1862, and amendments thereto.
[SS15, §2682-y1; C24, 27, 31, 35, 39, §4034; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.4]

     
266.5  State agency.
  The state board of regents is hereby authorized and empowered to receive the grants of money appropriated under said Act and to organize and conduct agricultural and home economics extension work, which shall be carried on in connection with the Iowa state university of science and technology in accordance with the terms and conditions expressed in the Act of Congress aforesaid.
[SS15, §2682-y1; C24, 27, 31, 35, 39, §4035; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.5]

     
266.6  Purnell Act.
  The assent of the legislature of the state of Iowa is hereby given to the provisions and requirements of the congressional Act approved February 24, 1925, commonly known as the Purnell Act; and that, in accordance with the requirements thereof, the state agrees to devote the moneys thus received to the more complete endowment and maintenance of the agricultural experiment station of the Iowa state university of science and technology as provided in said Act.
[C27, 31, 35, §4035-b1; C39, §4035.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.6]

     
266.7  Receiving agent.
  The treasurer of the Iowa state university of science and technology is hereby authorized and empowered to receive the grants of money appropriated under the said Act.
[C27, 31, 35, §4035-b2; C39, §4035.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.7]

266.8  Hazardous waste research program.  Repealed by 
2003 Acts, ch 179, §143
. 
266.9 through 266.18Reserved.

     
266.19  Renewable fuel — assistance.
  The university shall cooperate in assisting renewable fuel production facilities supporting livestock operations managed by persons receiving assistance pursuant to section 15.335B.
94 Acts, ch 1119, §27; 2009 Acts, ch 123, §30; 2011 Acts, ch 118, §86, 89; 2012 Acts, ch 1126, §24

     
266.20  Interest earnings.
  If the interest earned on moneys accumulated by campus organizations at the Iowa state university of science and technology is not available for expenditure by those respective campus organizations, the Iowa state university of science and technology shall allocate that interest to campus improvements that are of benefit to students and have been accepted by the student government or to the student financial aid office to be used for the work-study program.
89 Acts, ch 319, §70
266.21 through 266.23Reserved.

SUBCHAPTER II
HOG-CHOLERA SERUM LABORATORY
266.24 through 266.26Repealed by 2003 Acts, ch 179, §1432003 Acts, ch 179, §143. 

SUBCHAPTER III
SMITH-LEVER ACT

     
266.27  Act accepted.
  The assent of the general assembly of the state of Iowa is hereby given to the provisions and requirements of the Smith-Lever Act, 38 Stat. 372 – 374, approved May 8, 1914, and any amendments to that Act, codified at 7 U.S.C. §341 – 349.
[C31, 35, §4044-c1; C39, §4044.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.27]
2006 Acts, ch 1030, §34; 2006 Acts, ch 1185, §120

     
266.28  Receipt of funds — work authorized.
  The Iowa state board of regents is hereby authorized and empowered to receive the grants of money appropriated under the said Act; and to organize and conduct agricultural extension work which shall be carried on in connection with the Iowa state university of science and technology, in accordance with the terms and conditions expressed in the Act of Congress aforesaid.
[C31, 35, §4044-c2; C39, §4044.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §266.28]
266.29 and 266.30Reserved.

SUBCHAPTER IV
RESEARCH AND EXTENSION SERVICES

266.31  Meat export research center established — director — assistants — salaries.  Repealed by 
2004 Acts, ch 1175, §283
. 

266.32  Acceptance of private funds.  Repealed by 
2005 Acts, ch 19, §125
. 

     
266.33  Horticultural research.
  The Iowa agricultural experiment station at Iowa state university of science and technology shall conduct horticultural research to identify and improve fruits and vegetables which can be effectively grown in Iowa to provide more diversity for Iowa agriculture. The experiment station shall investigate production, marketing, and management techniques, adaptability, and horticultural potential of the fruits and vegetables for both processing and for fresh market sale.
84 Acts, ch 1315, §16

     
266.34  State extension fruit specialist.
  The Iowa cooperative extension service in agriculture and home economics shall employ a state extension fruit specialist to provide leadership in the development of a broader array of educational materials and field staff training. The materials on training should provide, in popular and practical terms, the available research at Iowa state university of science and technology and elsewhere that will enable area and county extension services to expand their efforts with existing and potential fruit growers for marketing in or outside of this state.
84 Acts, ch 1315, §18

     
266.35  Crop research.
  The agricultural experiment station at Iowa state university of science and technology shall conduct research to identify crops, other than corn and soybeans, which can be effectively grown in Iowa either alone or in multiple cropping schemes to provide more diversity for Iowa agriculture. The experiment station shall investigate production and management techniques, adaptability, feasibility, marketability, and agronomic potential of the alternate crops.
84 Acts, ch 1315, §21

     
266.36  Financial management services.
  The Iowa cooperative extension service in agriculture and home economics shall accelerate the development of computer software and field staff training to increase the extension service’s ability to offer financial management and counseling services to individual farm operators and to increase the analysis and understanding of financial management, marketing and related subjects among farm operators.
84 Acts, ch 1315, §27

     
266.37  Use of corrections department institutional facilities and resources.
  Iowa state university of science and technology shall use resources, including property, facilities, labor, and services, connected with institutions listed in section 904.102, under the authority of the Iowa department of corrections, to the extent practicable, for research, development, and testing of technological, horticultural, biological, and economic factors involved in improving the performance of Iowa agricultural products. However, use by the university is subject to the approval of the director of the department of corrections.
87 Acts, ch 139, §3

     
266.38  Soil test interpretation.
  The Iowa cooperative extension service in agriculture and home economics shall develop and publish material on the interpretation of the results of soil tests. The material shall also feature the danger to groundwater quality from the overuse of fertilizers and pesticides. The material shall be available from the service at cost and any person providing soil tests for agricultural or horticultural purposes shall provide the material to the customer with the soil test results.
87 Acts, ch 225, §229

  
     
266.39  Leopold center for sustainable agriculture.
  1.  For the purposes of this section, “sustainable agriculture” means the appropriate use of crop and livestock systems and agricultural inputs supporting those activities which maintain economic and social viability while preserving the high productivity and quality of Iowa’s land.
  2.  The Leopold center for sustainable agriculture is established in the Iowa agricultural and home economics experiment station at Iowa state university of science and technology. The center shall conduct and sponsor research to identify and reduce negative environmental and socio-economic impacts of agricultural practices. The center also shall research and assist in developing emerging alternative practices that are consistent with a sustainable agriculture. The center shall develop in association with the Iowa cooperative extension service in agriculture and home economics an educational framework to inform the agricultural community and the general public of its findings.
  3.  a.  An advisory board is established consisting of the following members:
  (1)  Three persons from Iowa state university of science and technology, appointed by its president.
  (2)  Two persons from the state university of Iowa, appointed by its president.
  (3)  Two persons from the university of northern Iowa, appointed by its president.
  (4)  Two representatives of private colleges and universities within the state, to be nominated by the Iowa association of independent colleges and universities, and appointed by the Iowa coordinating council for post-high school education.
  (5)  One representative of the department of agriculture and land stewardship, appointed by the secretary of agriculture.
  (6)  One representative of the department of natural resources, appointed by the director.
  (7)  One man and one woman, actively engaged in agricultural production, appointed by the state soil conservation and water quality committee established in section 161A.4.
  (8)  Four persons actively engaged in agriculture who are appointed by the titular head of each of the following agricultural organizations:
  (a)  The Iowa farm bureau federation.
  (b)  The Iowa farmers union.
  (c)  The practical farmers of Iowa.
  (d)  The agribusiness association of Iowa.
  b.  The terms of the members shall begin and end as provided in section 69.19 and any vacancy shall be filled by the original appointing authority. The terms shall be for four years and shall be staggered as determined by the president of Iowa state university of science and technology. The members appointed by the titular heads of agricultural organizations shall be reimbursed for actual and necessary expenses incurred while engaged in their official duties, but shall not be entitled to per diem compensation as authorized under section 7E.6.
  4.  a.  The Iowa agricultural and home economics experiment station shall employ a director for the center, who shall be appointed by the president of Iowa state university of science and technology. The director of the center shall employ the necessary research and support staff. The director and staff shall be employees of Iowa state university of science and technology. No more than five hundred thousand dollars of the funds received from the agriculture management account annually shall be expended by the center for the salaries and benefits of the employees of the center, including the salary and benefits of the director. The remainder of the funds received from the agriculture management account shall be used to sponsor research grants and projects on a competitive basis from Iowa colleges and universities and private nonprofit agencies and foundations. The center may also solicit additional grants and funding from public and private nonprofit agencies and foundations.
  b.  The director shall prepare an annual report.
  5.  The board shall provide the president of Iowa state university of science and technology with a list of three candidates from which the director shall be selected. The board shall provide an additional list of three candidates if requested by the president. The board shall advise the director in the development of a budget, on the policies and procedures of the center, in the funding of research grant proposals, and regarding program planning and review.
87 Acts, ch 225, §230; 99 Acts, ch 91, §1, 2; 2010 Acts, ch 1061, §180; 2017 Acts, ch 159, §53
For provisions relating to ongoing activities and expenses of the Leopold center for sustainable agriculture administered by the college of agriculture and life sciences at Iowa state university of science and technology, see 
2017 Acts, ch 168, §33

     
266.39A  Agricultural research.
  Iowa state university of science and technology shall conduct continuing agricultural research to provide information about environmental and social impacts of agricultural research on the small or family farm and information about population trends and impact of the trends on Iowa agriculture. The research shall include an agricultural land tenure study conducted every five years to determine the ownership of farmland, and to analyze ownership trends, using the categories of land ownership defined in chapter 9H. The study shall be conducted on the basis of regions established by the university. A region shall be composed of not more than twenty-three contiguous counties.
89 Acts, ch 319, §71; 92 Acts, ch 1080, §1; 2017 Acts, ch 168, §30

  
     
266.39B  Research grants.
  1.  A comprehensive agricultural research program is established at the Leopold center for sustainable agriculture at Iowa state university of science and technology to provide financial assistance for agricultural research within Iowa. The Leopold center shall establish a grant program for projects designated by the general assembly and other projects deemed necessary for the betterment of agriculture within the state. All funds from the program shall be available to public and private entities in Iowa on a competitive grant basis. Approved research proposals shall meet all of the following criteria:
  a.  The research shall assist Iowa in maintaining productive soil, viable communities, and farms with incomes sufficient to support a family.
  b.  The research shall enhance the profitability of farmers.
  c.  The research shall lead to farming which enhances and preserves Iowa’s environment.
  2.  The research grants shall include:
  a.  Long-term and basic research with preference given to projects which have no traditional funding sources or require a long period of time to produce positive or negative results.
  b.  Emergency response research with preference given to projects which relate to issues expected to address problems occurring within the next five years, which relate to problems that could have substantial social and economic costs, or which offer research opportunities that may be lost if a delay occurs.
  c.  Grants available for matching federal or private funds for projects which are a necessary component of other grants or will produce the highest ratio of outside funds to state funds.
  d.  Crop and livestock research relating to the growth, processing, or marketing of agricultural output, the enhancement of the quality of crops, the lowering of the costs of production, or the avoidance of contamination to food, water, or soil.
  e.  Alternative crop research to enhance the opportunity for self-employment, to promote site-appropriate crops, to assist the state in becoming more self-sufficient in food and energy resources, to grow, process, and market new crops, or to develop the infrastructure to support new crops.
  f.  Research dissemination which will expand the knowledge of potential producers, or will collect, create, or disseminate agricultural knowledge, which will encourage the exchange of agriculturally related information among researchers, or which will provide access to farmers to information resources related to agriculture.
  g.  Agriculture health and safety research to identify, investigate, and increase awareness of agriculture safety problems, develop practical solutions to agriculture safety problems, develop ways to increase awareness and use of safety practices and devices, to improve medical professionals’ ability to diagnose farm-related problems, or to reduce the accident and mortality rate in the agricultural industry.
89 Acts, ch 319, §72
For provisions relating to ongoing activities and expenses of the Leopold center for sustainable agriculture administered by the college of agriculture and life sciences at Iowa state university of science and technology, see 
2017 Acts, ch 168, §33

  
     
266.39C  The Iowa energy center.  Repealed by 2017 Acts, ch 169, §47, 49. See §15.120.

     
266.39D  Livestock producers assistance program.  Repealed by 
2004 Acts, ch 1175, §284
. 

  
     
266.39E  Beginning farmer center.
  1.  A beginning farmer center is established as a part of the Iowa cooperative extension service in agriculture and home economics at Iowa state university of science and technology to assist individuals beginning farming operations. The center shall also assist in facilitating the transition of farming operations from established farmers to beginning farmers, including by matching purchasers and sellers of agricultural land, creating and maintaining an information base inventorying land and facilities available for acquisition, and developing models to increase the number of family farming operations in this state. The objectives of the beginning farmer center shall include, but are not limited to, the following:
  a.  To provide the coordination of education programs and services for beginning farmer efforts statewide.
  b.  To assess needs of beginning farmers and retiring farmers in order to identify program and service opportunities.
  c.  To develop, coordinate, and deliver statewide through the Iowa cooperative extension service in agriculture and home economics, and other entities as appropriate, targeted education to beginning farmers and retiring farm families.
  2.  Programs and services provided by the beginning farmer center shall include, but are not limited to, the development of skills and knowledge in financial management and planning, legal issues, tax laws, technical production and management, leadership, sustainable agriculture, human health, the environment, and leadership.
94 Acts, ch 1193, §22; 2020 Acts, ch 1045, §17
Subsection 3 stricken

  
     
266.39F  Sale of dairy breeding research farm.  Repealed by 2017 Acts, ch 29, §164.

SUBCHAPTER V
ODOR MITIGATION FOR LIVESTOCK OPERATIONS

  
     
266.40  Definitions.
  For purposes of this subchapter, the following definitions apply:
  1.  “Livestock” means beef cattle, dairy cattle, swine, chickens, or turkeys.
  2.  “Livestock operation” means any area in which livestock are kept in a confined space, including a confinement feeding operation or open feedlot.
  3.  “Livestock producer” means the titleholder of livestock or a livestock operation.
  4.  “University” means Iowa state university of science and technology.
2008 Acts, ch 1174, §1, 13; 2017 Acts, ch 54, §76

  
     
266.41  Establishment.
  Iowa state university of science and technology shall consult with the department of agriculture and land stewardship and the department of natural resources to establish and administer livestock odor mitigation efforts to reduce the impacts of odor emitted from livestock operations involving swine, beef or dairy cattle, chickens, or turkeys as provided in this subchapter.
2008 Acts, ch 1174, §2, 13; 2017 Acts, ch 54, §76
Referred to in §266.47

  
     
266.42  Purposes.
  The purposes of this subchapter shall be to further livestock odor mitigation efforts as follows:
  1.  Further a livestock odor mitigation research effort in order to accelerate the adoption of affordable and effective odor mitigation technologies and strategies by livestock producers, expand the number of affordable and effective odor mitigation technologies and strategies available to livestock producers, and provide research-grounded information regarding odor mitigation technologies and strategies that are ineffective or cost-prohibitive.
  2.  Develop a livestock odor mitigation evaluation effort as provided in section 266.49, which shall be a multilevel process to determine the potential odor exposure to persons who would neighbor a new livestock operation as proposed to be constructed.
2008 Acts, ch 1174, §3, 13; 2017 Acts, ch 54, §76
Referred to in §266.43, 266.44, 266.45, 266.46, 266.47, 266.48, 266.49

     
266.43  Odor mitigation technologies and strategies — applied on-site research projects.
  1.  a.  Iowa state university of science and technology shall conduct applied on-site research projects to address whether odor mitigation technologies or strategies can be successfully implemented across many livestock operations, locations, and situations, and to analyze the costs of their successful implementation and maintenance to accomplish the purposes provided in section 266.42.
  b.  The projects shall be conducted at livestock operations on a statewide basis and under different circumstances.
  c.  The university shall evaluate technologies or strategies that have a firm foundation in basic and applied research but which may further benefit from statewide on-site application. The technologies and strategies may include but are not limited to the following:
  (1)  The installation, maintenance, and use of odor mitigating devices, techniques, or strategies.
  (2)  The use of a livestock odor mitigation evaluation effort as provided in section 266.49.
  (3)  The manipulation of livestock diet.
  2.  A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in an applied on-site research project under this section unless the livestock producer contributes one hundred percent of the total costs of conducting the project.
2008 Acts, ch 1174, §4, 13
Referred to in §266.44, 266.45, 266.48

     
266.44  Odor mitigation technologies and strategies — basic and applied research projects.
  1.  a.  Iowa state university of science and technology shall conduct basic or applied research projects to develop or advance technologies or strategies to accomplish the purposes provided in section 266.42.
  b.  The university shall evaluate technologies or strategies that have not been subject to comprehensive scientific scrutiny but which demonstrate promise to accomplish the purposes provided in section 266.42. The technologies and strategies may include but are not limited to the following:
  (1)  The adaption and use of modeling to locate livestock operations associated with keeping livestock in addition to swine, and to locate livestock operations utilizing odor mitigation devices, techniques, or strategies.
  (2)  The installation, maintenance, and use of odor mitigating devices, techniques, or strategies.
  (3)  The use of topical treatments applied to manure originating with livestock operations keeping chickens and turkeys.
  2.  Nothing in this section restricts the university from conducting its evaluation at livestock operations, including as provided in section 266.43. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in a basic or applied research project under this section unless the livestock producer contributes one hundred percent of the total costs of conducting the project.
2008 Acts, ch 1174, §5, 13
Referred to in §266.48

     
266.45  Emerging technologies and strategies — basic research projects.
  1.  a.  Iowa state university of science and technology shall conduct basic research projects to investigate emerging technologies or strategies that may accomplish the purposes provided in section 266.42.
  b.  The university shall evaluate technologies or strategies that demonstrate promise for future development but which may require a long-term research commitment.
  2.  Nothing in this section restricts the university from conducting its evaluation at livestock operations, including as provided in section 266.43. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in a basic research project under this section unless the livestock producer contributes one hundred percent of the total costs of conducting the project.
2008 Acts, ch 1174, §6, 13
Referred to in §266.48

  
     
266.46  Information reporting.
  1.  In accordance with section 266.42, Iowa state university of science and technology is the custodian of all information including but not limited to reports and records obtained, submitted, and maintained in connection with the research projects conducted on the site of a livestock operation as provided in this subchapter, and all information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under section 266.49 or section 459.303, subsection 3. The public shall have a right to examine and copy the information as provided in chapter 22, subject to the exceptions of section 22.7. 
  2.  Notwithstanding subsection 1, the university or an agent or employee of the university shall not release the name or location, or any other information sufficient to identify the name or location of any livestock producer or livestock operation participating in a research project or participating in a livestock odor mitigation evaluation pursuant to section 266.49 or section 459.303, subsection 3, and such information shall not be subject to release pursuant to subpoena or discovery in any civil proceeding, unless such confidentiality is waived in writing by the livestock producer. In addition, the university or an employee or agent of the university shall release no other information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under section 266.49 or section 459.303, subsection 3, unless such information is used in a research project, which in turn shall not occur without the written consent of the livestock producer.
  3.  Any information provided by, gathered from, or deduced from a livestock producer or livestock operation in connection with a research project or odor mitigation evaluation that is in the possession of the livestock producer or livestock operation shall not be subject to subpoena or discovery in any civil action against the producer.
2008 Acts, ch 1174, §7, 13; 2017 Acts, ch 54, §76; 2019 Acts, ch 59, §77
Referred to in §266.47

  
     
266.47  Research results — interim and final reports.
  1.  Iowa state university of science and technology shall prepare and submit reports as follows:
  a.  The university shall submit an interim report to the general assembly each year on or before January 15, through January 15, 2013. The interim report shall do all of the following:
  (1)  Describe the university’s progress in achieving the purposes of section 266.42, and detail its efforts in carrying out the livestock odor mitigation efforts described in this subchapter.
  (2)  Evaluate applied and basic research projects being conducted or completed and provide estimates for their completion.
  (3)  Make any recommendation for improving, continuing, or expanding livestock odor mitigation efforts and for disseminating the results of those efforts to livestock producers.
  b.  The university shall submit a final report to the general assembly on or before six months after the completion of its research projects as provided in section 266.41. The final report shall include a summary of efforts, the university’s findings and conclusions, and recommendations necessary to carry out the purposes of section 266.42.
  2.  Nothing in this section prevents the university, or any individual researcher employed by or affiliated with the university, from compiling information obtained, submitted, and maintained as the result of a livestock odor mitigation effort as provided in section 266.42 involving a specific livestock operation, and publishing that information as part of the report so long as the information cannot be used to identify a livestock producer or livestock operation without the consent of the livestock producer as provided in section 266.46.
  3.  All information obtained by the university in connection with a research project shall be available for public examination and copying as provided in chapter 22, subject to the exceptions of section 22.7, so long as the information cannot be used to identify the livestock producer or livestock operation as provided in section 266.46.
2008 Acts, ch 1174, §8, 13; 2017 Acts, ch 54, §76

     
266.48  Cost-share program for livestock odor mitigation research efforts.
  1.  a.  Iowa state university, in cooperation with the department of agriculture and land stewardship and the department of natural resources, shall establish a cost-share program for the livestock odor mitigation research efforts as established in sections 266.43 through 266.45 that maximizes participation in the livestock odor mitigation research efforts so as to accomplish the purposes in section 266.42, subsection 1.
  b.  The cost-share program shall allow for monetary contributions from livestock producers and other persons with an interest in livestock production. In addition, a livestock producer participating in a livestock odor mitigation research effort as provided in sections 266.43 through 266.45 shall provide in-kind contributions to participate in a research effort which may include but are not limited to furnishing the livestock producer’s own labor, construction equipment, electricity and other utility costs, insurance, real property tax payments, and basic construction materials that may be reused or continued to be used by the livestock producer after the completion of the research effort.
  2.  This section does not apply to a livestock producer who is required to contribute one hundred percent of the total costs of conducting a research project.
2008 Acts, ch 1174, §9, 13; 2013 Acts, ch 30, §64

     
266.49  Livestock odor mitigation evaluation effort.
  1.  If funding is available, Iowa state university shall provide for a livestock odor mitigation evaluation effort as provided in section 266.42. The effort shall accomplish all of the following objectives:
  a.  Ensure ease of its use and timeliness in producing results, including reports and the issuance of a livestock odor mitigation certificate as provided in this section.
  b.  Ensure a cost-effective process of evaluation.
  c.  Provide a level of evaluation that corresponds to the complexity of the proposed site of construction, including unique characteristics associated with that site.
  2.  The livestock odor mitigation evaluation effort shall provide for increasing levels of participation by a person who requests the evaluation in cooperation with the university as follows:
  a.  A level one evaluation that provides an opportunity for the person to complete a simple questionnaire which may be accessed by using the internet without assistance by university personnel.
  b.  A level two evaluation that provides an opportunity for the person to consult with a specialist designated by the university who shall assist in performing a comprehensive evaluation of the site of the proposed construction.
  c.  A level three evaluation which provides an opportunity for the person to participate in a community-based odor assessment model that uses predictive computer modeling to analyze the potential odor intensity, duration, and frequency for a neighbor from a livestock operation.
  3.  An evaluation may account for all factors impacting upon odor exposure as determined relevant by the university. The factors may vary based upon the type of evaluation performed. Factors which may be considered include but are not limited to all of the following:
  a.  Characteristics relating to the proposed site including but not limited to terrain, weather patterns, surrounding vegetative barriers, the proximity of neighbors, and contributing odor sources.
  b.  The type and size of the structure proposed to be constructed and its relationship to existing livestock operation structures.
  4.  At the completion of an evaluation, the university shall provide the participating person with a report including its findings and recommendations. A report may vary based upon the type of evaluation performed. The report resulting from a level one or level two evaluation may recommend that the participating person conduct a higher level evaluation. A report resulting from a level two or level three evaluation may recommend modifications to the design or orientation of the livestock operation structure proposed to be constructed, the adoption of odor mitigating practices, or the installation of odor mitigating technologies.
  5.  A participating person who has completed the level of evaluation as recommended by the university may request that the university issue the participating person a livestock odor mitigation evaluation certificate. The university shall issue a certificate to the participating person that verifies the person’s completion of an evaluation that satisfies the requirements of this section. The university shall not issue a certificate to a participating person who has not completed the level of evaluation recommended by the university. The certificate shall identify the name of the participating person and the site where the construction is proposed. However, it shall not include any other information.
2008 Acts, ch 1174, §10, 13
Referred to in §266.42, 266.43, 266.46, 459.303