Senate File 311 S-3158 Amend Senate File 311 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 REGULATION OF COMMERCIAL ESTABLISHMENTS 5 Section 1. Section 162.2, subsection 19, Code 2023, is 6 amended by striking the subsection and inserting in lieu 7 thereof the following: 8 19. “Pet shop” means a facility where vertebrate animals, 9 excluding fish, not born and reared on the facility’s premises 10 are bought, sold, exchanged, or offered for sale or exchange to 11 the public, at retail. “Pet shop” does not include a facility 12 if one of the following applies: 13 a. The facility receives less than one thousand dollars from 14 the sale or exchange of vertebrate animals, excluding fish, 15 during a twelve-month period. 16 b. The facility sells or exchanges less than twelve 17 vertebrate animals, excluding fish, during a twelve-month 18 period. 19 Sec. 2. Section 162.2A, subsection 3, paragraph d, Code 20 2023, is amended to read as follows: 21 d. The person’s An official government-issued photo 22 identification number of the person . Notwithstanding chapter 23 22 , the department shall keep the person’s tax identification 24 number confidential except for purposes of tax administration 25 by the department of revenue, including as provided in section 26 421.18 . 27 DIVISION II 28 GRAIN REGULATION 29 PART A 30 GRAIN DEALERS 31 Sec. 3. Section 203.1, Code 2023, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 12A. “Scale weight ticket” means the same 34 as defined in section 203C.1. 35 -1- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 1/ 14 #1.

Sec. 4. Section 203.5, subsection 8, paragraph a, Code 2023, 1 is amended to read as follows: 2 a. The applicant has caused liability to the Iowa grain 3 depositors and sellers indemnity fund in regard to a license 4 issued under this chapter or chapter 203C , and the liability 5 has not been discharged, settled, or satisfied. 6 Sec. 5. Section 203.11, subsection 2, paragraph a, 7 subparagraph (3), Code 2023, is amended to read as follows: 8 (3) Uses a scale weight ticket or credit-sale contract in 9 violation of this chapter or a requirement established by the 10 department under this chapter . 11 Sec. 6. Section 203.15, subsection 2, paragraph f, Code 12 2023, is amended to read as follows: 13 f. The duration of the credit-sale contract, which shall 14 not exceed twelve fifteen months from the date the contract is 15 executed. 16 Sec. 7. Section 203.17, Code 2023, is amended to read as 17 follows: 18 203.17 Documents and records. 19 1. The department may adopt rules specifying the form, 20 content, use, and maintenance of documents issued by a grain 21 dealer under this chapter including but not limited to scale 22 weight tickets, settlement sheets, daily position records, and 23 credit-sale contracts. The department may adopt rules for 24 both printed and electronic documents, including rules for 25 the transmission, receipt, authentication, and archiving of 26 electronically generated or stored documents. 27 2. All scale weight ticket forms in the possession of a 28 grain dealer shall have been permanently and consecutively 29 numbered at the time of printing. A grain dealer shall 30 maintain an accurate record of all scale weight ticket numbers. 31 The record shall include the disposition of each numbered form, 32 whether issued, destroyed, or otherwise disposed of. 33 Sec. 8. Section 203.20, Code 2023, is amended to read as 34 follows: 35 -2- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 2/ 14

203.20 Shrinkage adjustments —— disclosures —— penalties. 1 1. A person who, in connection with the receipt of 2 corn or soybeans grain for storage, processing, or sale, 3 adjusts the scale weight of the grain to compensate for the 4 moisture content of the grain shall compute the amount of 5 the adjustment by multiplying the scale weight of the grain 6 by that factor which results in a rate of adjustment of one 7 and eighteen hundredths percent of weight per one percent of 8 moisture content. The use of person who uses any rate of 9 weight adjustment for moisture content other than the one 10 prescribed by this subsection is commits a fraudulent practice 11 as defined in section 714.8 . The person shall post on the 12 business premises in a conspicuous place notice of the rate 13 of adjustment for moisture content that is as prescribed by 14 this subsection . Failure The person who fails to make this 15 disclosure is commits a simple misdemeanor. 16 2. A person who, in connection with the receipt of grain for 17 storage, processing , or sale, adjusts the quantity of the grain 18 received to compensate for losses to be incurred during the 19 handling, processing, or storage of the grain shall post on the 20 business premises in a conspicuous place notice of the rate of 21 adjustment to be made for this shrinkage. Failure The person 22 who fails to make the required this disclosure is commits a 23 simple misdemeanor. 24 3. A person who adjusts the scale weight of corn or soybeans 25 both grain for moisture content and for handling, processing, 26 or storage losses may combine the two adjustment factors into 27 a single factor and may use this resulting factor to compute 28 the amount of weight adjustment in connection with storage, 29 processing, or sale transactions, provided that the person 30 shall post on the business premises in a conspicuous place a 31 notice that discloses the moisture shrinkage factor prescribed 32 by subsection 1 , the handling shrinkage factor to be imposed, 33 and the single factor that results from combining these 34 factors. Failure The person who fails to make the required 35 -3- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 3/ 14

this disclosure is commits a simple misdemeanor. 1 PART B 2 WAREHOUSE OPERATORS 3 Sec. 9. Section 203C.5, subsection 2, Code 2023, is amended 4 to read as follows: 5 2. a. The department may adopt rules specifying the 6 form, content, and use of documents issued by a warehouse 7 operator under this chapter including but not limited to scale 8 weight tickets, warehouse receipts, settlement sheets, and 9 daily position records. The department may adopt rules for 10 both printed and electronic documents, including rules for 11 the transmission, receipt, authentication, and archiving of 12 electronically generated or stored documents. 13 b. All scale weight ticket forms and warehouse receipt 14 forms in the possession of a warehouse operator shall have been 15 permanently and consecutively numbered at the time of printing. 16 A warehouse operator shall maintain an accurate record of 17 the numbers of these documents. The record shall include 18 the disposition of each form, whether issued, destroyed, or 19 otherwise disposed of. The department may by rule require this 20 use of prenumbered forms and recording for documents other than 21 scale weight tickets and warehouse receipts. 22 Sec. 10. Section 203C.6, subsection 8, paragraph a, Code 23 2023, is amended to read as follows: 24 a. The applicant has caused liability to the Iowa grain 25 depositors and sellers indemnity fund through operations under 26 a license issued under this chapter or chapter 203 , and the 27 liability has not been discharged, settled, or satisfied. 28 Sec. 11. Section 203C.17, subsections 1, 2, 3, 4, and 5, 29 Code 2023, are amended to read as follows: 30 1. Any grain which has been received at any Grain deposited 31 with a licensed warehouse operator for which the actual sale 32 price is has not been fixed and either proper documentation 33 made has not been furnished or payment has not been made shall 34 be construed to be grain held for storage within the meaning of 35 -4- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 4/ 14

this chapter . Grain may be held considered stored grain and 1 may be retained in open storage or placed on under warehouse 2 receipt. A warehouse receipt shall be issued for all grain 3 held in open storage within one year from the date of delivery 4 to the warehouse, unless the depositor has signed a statement 5 that the depositor does not desire a warehouse receipt. A The 6 licensed warehouse operator shall issue a warehouse receipt 7 shall be issued to the depositor upon request by the depositor. 8 The warehouse operator’s tariff shall apply for to any grain 9 that is retained in open storage or placed under warehouse 10 receipt as provided in section 203C.18 . 11 2. Bulk grain deposited with a licensed warehouse operator 12 for processing, cleaning, drying, shipping for the account of 13 the depositor , or any other purpose shall be removed within 14 thirty days from the date of deposit or such grain shall be 15 determined as considered stored grain and the . The warehouse 16 operator’s tariff charges shall apply to the bulk grain as 17 provided in section 203C.28 . 18 3. Grain received on deposited and subject to a scale weight 19 ticket which that fails to have the price fixed and properly 20 documented on the records of the licensed warehouse operator 21 shall be construed to be retained in open storage. 22 4. All bulk grain whether retained in open storage and 23 deposited subject to a scale weight ticket or having been 24 placed on under warehouse receipt is covered by the grain 25 depositors and sellers indemnity fund created in as provided in 26 chapter 203D . 27 5. Any grain which has been received at any An unlicensed 28 warehouse and for which the operator shall not retain deposited 29 bulk grain, if its actual sale price has not been fixed , and 30 payment for the bulk grain has not been made within thirty days 31 from receipt of the grain its date of deposit , unless covered 32 purchased by a credit-sale contract , shall be construed to be 33 unlawful storage within the meaning of this chapter . Bulk 34 grain received at any An unlicensed warehouse for any operator 35 -5- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 5/ 14

who retains deposited bulk gain under any other purpose 1 circumstance must either be returned return the bulk grain to 2 the depositor , or disposed of dispose of the bulk grain by 3 order of the depositor , within thirty days from date of actual 4 the deposit of the bulk grain. 5 Sec. 12. Section 203C.25, Code 2023, is amended to read as 6 follows: 7 203C.25 Shrinkage adjustments —— disclosures —— penalties. 8 1. A person who, in connection with the receipt of 9 corn or soybeans grain for storage, processing, or sale, 10 adjusts the scale weight of the grain to compensate for the 11 moisture content of the grain shall compute the amount of 12 the adjustment by multiplying the scale weight of the grain 13 by that factor which results in a rate of adjustment of one 14 and eighteen hundredths percent of weight per one percent of 15 moisture content. The use of person who uses any rate of 16 weight adjustment for moisture content other than the one 17 prescribed by this subsection is commits a fraudulent practice 18 as defined in section 714.8 . The person shall post on the 19 business premises in a conspicuous place notice of the rate 20 of adjustment for moisture content that is as prescribed by 21 this subsection . Failure The person who fails to make this 22 disclosure is commits a simple misdemeanor. 23 2. A person who, in connection with the receipt of grain for 24 storage, processing , or sale, adjusts the quantity of the grain 25 received to compensate for losses to be incurred during the 26 handling, processing, or storage of the grain shall post on the 27 business premises in a conspicuous place notice of the rate of 28 adjustment to be made for this shrinkage. Failure The person 29 who fails to make the required this disclosure is commits a 30 simple misdemeanor. 31 3. A person who adjusts the scale weight of corn or soybeans 32 both grain for moisture content and for handling, processing, 33 or storage losses may combine the two adjustment factors into 34 a single factor and may use this resulting factor to compute 35 -6- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 6/ 14

the amount of weight adjustment in connection with storage, 1 processing, or sale transactions, provided that the person 2 shall post on the business premises in a conspicuous place a 3 notice that discloses the moisture shrinkage factor prescribed 4 by subsection 1 , the handling shrinkage factor to be imposed, 5 and the single factor that results from combining these 6 factors. Failure The person who fails to make the required 7 this disclosure is commits a simple misdemeanor. 8 Sec. 13. Section 203C.36, subsection 2, paragraph a, 9 subparagraph (3), Code 2023, is amended to read as follows: 10 (3) Uses a scale weight ticket, warehouse receipt, or 11 other document in violation of this chapter or requirements 12 established by the department under this chapter . 13 PART C 14 INDEMNITY FUND 15 Sec. 14. Section 203D.1, Code 2023, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 14A. “Scale weight ticket” means the same 18 as defined in section 203C.1. 19 Sec. 15. Section 203D.3, subsection 3, Code 2023, is amended 20 to read as follows: 21 3. The fiscal assessment year of the fund begins July 22 September 1 and ends on June 30 August 31 . Fiscal Assessment 23 quarters of the fund begin July September 1, October December 24 1, January March 1, and April June 1. The finances of the fund 25 shall be calculated on an accrual basis in accordance with 26 generally accepted accounting principles. 27 Sec. 16. Section 203D.3A, subsection 1, paragraph b, 28 unnumbered paragraph 1, Code 2023, is amended to read as 29 follows: 30 A licensee shall pay a participation fee on four successive 31 installment dates, with each installment date occurring on the 32 last date of the fund’s fiscal assessment quarter as provided 33 in section 203D.3 . The licensee shall pay twenty-five percent 34 of the total participation fee assessed on each installment 35 -7- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 7/ 14

date. However, nothing in this subsection prevents a licensee 1 from paying the participation fee on an accelerated basis. A 2 licensee shall pay the first installment on the last date of 3 the fund’s fiscal assessment quarter immediately following the 4 licensee’s anniversary date. 5 Sec. 17. Section 203D.5, subsection 1, Code 2023, is amended 6 to read as follows: 7 1. The board shall annually review the debits of and credits 8 to the grain depositors and sellers indemnity fund created 9 in section 203D.3 and shall determine whether to impose the 10 participation fee and per-bushel fee as provided in section 11 203D.3A , make adjustments to the fees effective on the previous 12 July September 1, or waive the fees as necessary to comply with 13 this section . The board shall make the determination not later 14 than May 1 of each year. The board shall impose the fees or 15 adjust the fees effective on the previous July September 1 in 16 accordance with chapter 17A . The imposition or adjustment of 17 the fees shall become effective as follows: 18 a. For the participation fee, on the following July 19 September 1. However, the licensee shall continue to pay the 20 participation fee at the rate in effect on the prior July 21 September 1, until the licensee has paid the amount owing. 22 b. For a per-bushel fee, on the following July September 1. 23 Sec. 18. Section 203D.5, subsection 4, Code 2023, is amended 24 to read as follows: 25 4. If on the last date of the fund’s fiscal assessment year 26 as provided in section 203D.3 the assets of the fund exceed 27 eight million dollars, less any encumbered balances or pending 28 or unsettled claims, all of the following apply: 29 a. The participation fee shall be waived and shall not be 30 assessable or owing for the following fiscal assessment year 31 of the fund. However, the licensee shall continue to pay any 32 owing participation fee that was in effect on the prior July 33 September 1. 34 b. The per-bushel fee shall be waived and shall not be 35 -8- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 8/ 14

assessable or owing. 1 PART D 2 EFFECTIVE DATE 3 Sec. 19. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. 5 DIVISION III 6 WEIGHTS AND MEASURES 7 PART A 8 LICENSING, INSPECTIONS, AND FEES 9 Sec. 20. Section 214.2, Code 2023, is amended to read as 10 follows: 11 214.2 License. 12 1. A person who uses or displays for use any commercial 13 weighing and measuring device , as defined in section 215.1 , 14 shall secure must be issued a license from by the department 15 for that device . The department shall issue the license after 16 inspecting the device. 17 2. a. Except as provided in paragraph “b” , a license issued 18 under subsection 1 shall expire on December 31 of each year. 19 b. A license issued under subsection 1 for a motor fuel pump 20 shall expire on June 30 of each year. 21 Sec. 21. Section 214.3, subsection 1, Code 2023, is amended 22 by striking the subsection. 23 Sec. 22. Section 214.3, subsection 2, Code 2023, is amended 24 to read as follows: 25 2. The A license inspection fee is imposed on a person 26 who uses or displays for use a commercial weighing and 27 measuring device . The license fee is due the day the device 28 is placed into service department issues the license . A 29 license inspection fee shall be charged to the person owning 30 or operating a commercial weighing and measuring device 31 inspected The amount of the license fee shall be calculated in 32 accordance with the class or section for devices as established 33 by handbook 44 of the United States national institute of 34 standards and technology. 35 -9- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 9/ 14

Sec. 23. Section 214.11, subsection 1, Code 2023, is amended 1 to read as follows: 2 1. The department shall provide for annual biennial 3 inspections of all motor fuel pumps, including but not limited 4 to motor fuel blender pumps, licensed under this chapter . 5 Inspections shall be for the purpose of determining the 6 accuracy and correctness of motor fuel pumps. For that purpose 7 the department’s inspectors may enter upon the premises of any 8 a wholesale dealer or a retail dealer motor fuel site . 9 Sec. 24. Section 215.2, Code 2023, is amended to read as 10 follows: 11 215.2 Special inspection tests —— request —— fees. 12 1. The owner or servicer of a commercial weighing and 13 measuring device may request the department conduct a special 14 inspection test of the device to determine its accuracy and 15 correctness. 16 2. The fee for special tests, including but not limited to, 17 using state inspection equipment, for the calibration, testing, 18 certification, or repair conducting a special inspection test 19 of a commercial weighing and measuring device shall be paid 20 by the owner or servicer or person requesting the special 21 inspection test in accordance with the following schedule: 22 1. a. Class S, scales, seventy-five dollars per hour. 23 2. b. Class M, meters, fifty-two dollars and fifty cents 24 per hour. 25 Sec. 25. REPEAL. Section 215.12, Code 2023, is repealed. 26 PART B 27 MOTOR FUEL STANDARDS AND CLASSIFICATIONS 28 Sec. 26. Section 159A.6, subsection 1, paragraph c, Code 29 2023, is amended to read as follows: 30 c. Develop standards for decals required pursuant to 31 section 214A.16 214A.21A , which shall be designed to promote 32 the advantages of using renewable fuels. The standards may be 33 incorporated within a model decal adopted by the office. 34 Sec. 27. Section 214A.1, subsection 2, Code 2023, is amended 35 -10- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 10/ 14

to read as follows: 1 2. “ASTM international” means a nonprofit organization, 2 previously named the American society for testing and materials 3 international. 4 Sec. 28. Section 214A.1, Code 2023, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 33A. a. “Renewable diesel” means a motor 7 fuel for use in an internal combustion engine and ignited by 8 pressure without the presence of an electric spark, which 9 is produced from nonfossil renewable resources, including 10 agricultural plants, animal fats, residue, and waste generated 11 from the production, processing, and marketing of agricultural 12 products, and other renewable resources. 13 b. “Renewable diesel” must meet the standards provided in 14 section 214A.2. 15 c. “Renewable diesel” does not include any of the following: 16 (1) Biodiesel. 17 (2) A fuel that has been coprocessed. 18 NEW SUBSECTION . 33B. “Renewable diesel blended fuel” means 19 a blend of renewable diesel with petroleum-based diesel fuel, 20 biodiesel, or a combination of petroleum-based diesel fuel and 21 biodiesel, which meets the standards, including separately 22 the standard for its renewable diesel component, provided in 23 section 214A.2. 24 Sec. 29. Section 214A.2, subsection 4, Code 2023, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . c. (1) If the motor fuel is advertised 27 for sale or sold as renewable diesel or renewable diesel 28 blended fuel, the motor fuel must meet departmental standards 29 based in part or in whole on specifications adopted by ASTM 30 international for renewable diesel or renewable diesel blended 31 motor fuel, to every extent applicable, as determined by the 32 department subject to subparagraph (2). 33 (2) Renewable diesel must at least meet departmental 34 standards based in whole or in part on ASTM international 35 -11- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 11/ 14

specification D975, or a successor ASTM international 1 specification, established by rule. The specification shall 2 apply to renewable diesel before it leaves its place of 3 manufacture. 4 Sec. 30. Section 214A.2, subsection 5, Code 2023, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. (1) Renewable diesel shall be classified 7 RD-100. 8 (2) Renewable diesel blended fuel shall be classified RD-xx 9 where “xx” is the volume percent of renewable diesel. 10 Sec. 31. Section 214A.2B, Code 2023, is amended to read as 11 follows: 12 214A.2B Laboratory for motor fuel and biofuels fuels, 13 biofuels, and renewable fuels . 14 A laboratory for motor fuel and biofuels is established at a 15 community college which is engaged in biofuels testing on July 16 1, 2007, and which testing includes but is not limited to The 17 Iowa central fuel testing laboratory at Iowa central community 18 college shall test motor fuels, biofuels, and renewable fuels, 19 including but not limited to B-20 biodiesel fuel testing for 20 use by motor trucks and the ability of biofuels to meet ASTM 21 international standards . The laboratory shall conduct the 22 testing of motor fuel fuels sold in this state and biofuel 23 which is biofuels blended in with motor fuel fuels in this 24 state to ensure that the motor fuel or fuels, biofuels , and 25 renewable fuels meet the requirements departmental standards 26 in section 214A.2 . 27 PART C 28 CODE EDITOR DIRECTIVE 29 Sec. 32. CODE EDITOR DIRECTIVE. 30 1. The Code editor is directed to make the following 31 transfer: 32 Section 214A.16 to section 214A.21A. 33 2. The Code editor shall correct internal references in the 34 Code and in any enacted legislation as necessary due to the 35 -12- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 12/ 14

enactment of this section. 1 DIVISION IV 2 WATER QUALITY 3 Sec. 33. Section 466B.43, subsection 6, Code 2023, is 4 amended to read as follows: 5 6. By October 1, 2019, and each October 1 thereafter of 6 each year , the division shall submit a report to the governor 7 and the general assembly itemizing expenditures, by hydrologic 8 unit code 8 watershed, under the programs , if any, during the 9 previous fiscal year , if any . 10 Sec. 34. Section 466B.44, subsection 5, Code 2023, is 11 amended to read as follows: 12 5. Notwithstanding any other provision in this section 13 to the contrary, beginning on July 1, 2018, the division 14 may use any amount available to support the water quality 15 urban infrastructure program to instead extend do any of the 16 following: 17 a. Extend and support the three-year data collection of 18 in-field agricultural practices project as enacted in 2015 Iowa 19 Acts, ch. 132, §18 . 20 b. Support water quality agriculture infrastructure programs 21 created in section 466B.43, to the extent that moneys are not 22 obligated or encumbered during a fiscal year to adequately 23 support all urban infrastructure program projects that meet the 24 division’s requirements. 25 Sec. 35. Section 466B.44, subsection 7, Code 2023, is 26 amended to read as follows: 27 7. By October 1, 2019, and by October 1 of each year 28 thereafter , the division shall submit a report to the governor 29 and the general assembly itemizing expenditures under the 30 program, if any, during the previous fiscal year. > 31 2. Title page, by striking lines 1 through 4 and inserting 32 < An Act providing for programs and regulations administered and 33 enforced by the department of agriculture and land stewardship, 34 providing fees, providing for the allocation of moneys, making 35 -13- SF 311.1721 (2) 90 (amending this SF 311 to CONFORM to HF 666) da/ns 13/ 14 #6. #7.