Senate File 20

                                       SENATE FILE       
                                       BY  VEENSTRA


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the certification of manure applicators,
  2    making penalties applicable, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1304SS 80
  5 da/cl/14

PAG LIN

  1  1    Section 1.  Section 459.315, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  a.  As used in this section, a person applies manure to
  1  4 land by operating or controlling the operation of equipment
  1  5 used in dispersing the manure by spreading or spraying the
  1  6 manure on the surface of the land's soil, incorporating the
  1  7 manure into the soil, or injecting the manure into the soil.
  1  8 A person does not apply manure solely by inspecting or
  1  9 monitoring equipment used in dispersing manure.
  1 10    a.  A commercial manure applicator shall not apply manure
  1 11 to land, unless the person is certified pursuant to this
  1 12 section.
  1 13    b.  A confinement site manure applicator shall not apply
  1 14 manure to land, unless the person is certified pursuant to
  1 15 this section.
  1 16    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 17 immediate importance, takes effect upon enactment.
  1 18                           EXPLANATION
  1 19    BACKGROUND.  In 1998, the General Assembly enacted House
  1 20 File 2494 (1998 Iowa Acts, ch. 1209) regulating animal feeding
  1 21 operations by the department of natural resources.  Part of
  1 22 the legislation required certification for commercial manure
  1 23 applicators (persons engaged in the business of applying
  1 24 manure on the land of other persons) and confinement site
  1 25 manure applicators (persons who apply manure originating from
  1 26 confinement feeding operations other than a small animal
  1 27 feeding operation).  The provisions, originally codified as
  1 28 Code section 455B.203A, were recently transferred to new Code
  1 29 section 459.315 as part of Senate File 2293 enacted in 2002
  1 30 (2002 Iowa Acts, ch. 1137; and also see 2002 Acts, Second
  1 31 Extraordinary Session, ch. 1003, division XII).
  1 32    PROVISIONS OF THE BILL.  Code chapter 459 does not define
  1 33 what constitutes the application of manure.  This bill
  1 34 provides that for purposes of Code section 459.315, a person
  1 35 applies manure to land by operating or controlling the
  2  1 operation of equipment used in dispersing manure by spreading
  2  2 or spraying the manure on the surface on the land's soil,
  2  3 incorporating the manure into the soil, or injecting the
  2  4 manure into the soil.  The bill also provides that a person
  2  5 does not apply manure solely by inspecting or monitoring
  2  6 equipment used in dispersing manure.
  2  7    A person who violates the bill's provisions is subject to a
  2  8 civil penalty as provided in Code section 455B.191.
  2  9 Generally, a person who violates that section is subject to a
  2 10 civil penalty not to exceed $5,000 for each day of such
  2 11 violation.
  2 12    The bill takes effect upon enactment.
  2 13 LSB 1304SS 80
  2 14 da/cl/14