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