Senate Study Bill 3181 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            NATURAL RESOURCES BILL)


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

                                      A BILL FOR

  1 An Act regulating persons who transport, handle, store, or apply
  2    manure.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5425DP 82
  5 da/rj/8

PAG LIN



  1  1    Section 1.  Section 459.102, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  8A.  "Business day" means a calendar day
  1  4 except Saturday, Sunday, or a holiday specified in section
  1  5 1C.2.
  1  6    Sec. 2.  Section 459.102, subsections 11 and 17, Code 2007,
  1  7 are amended to read as follows:
  1  8    11.  "Commercial manure service" means a sole proprietor or
  1  9 business association as defined in section 202B.102, engaged
  1 10 in the business of transporting, handling, storing, or
  1 11 applying manure for a fee. compensation, but does not include
  1 12 a person who only receives compensation for the manure
  1 13 originating from that person's own animal feeding operation or
  1 14 for applying manure originating from that person's own animal
  1 15 feeding operation.
  1 16    17.  a.  "Confinement site manure applicator" means a
  1 17 person, other than a commercial manure service or a commercial
  1 18 manure service representative, who transports, handles, or
  1 19 applies manure on to land if the manure originates from a
  1 20 manure storage confinement feeding operation structure.
  1 21    b.  "Confinement site manure applicator" includes a person
  1 22 who conducts any activity involved in transferring manure from
  1 23 a confinement feeding operation structure to its application
  1 24 on land but does not include a person who only transfers
  1 25 manure within a confinement feeding operation structure,
  1 26 transfers manure in an exclusively dry form between
  1 27 confinement feeding operation structures at a confinement
  1 28 feeding operation, or transfers manure inside below=ground
  1 29 piping between such confinement feeding operation structures.
  1 30    Sec. 3.  Section 459.315, subsection 2, Code 2007, is
  1 31 amended to read as follows:
  1 32    2.  a.  A person required to be certified as a commercial
  1 33 manure service representative must be certified by the
  1 34 department each year.  The certification expires on March 1 of
  1 35 each year.  The person shall be certified after completing an
  2  1 educational program which shall consist of an any of the
  2  2 following:
  2  3    (1)  An examination required to be passed by the person or
  2  4 three.
  2  5    (2)  At least two hours of continuing instructional courses
  2  6 which the person must attend each year in lieu of passing the
  2  7 examination.  However, the department may require that the
  2  8 person attend up to one additional hour of continuing
  2  9 instructional courses each year.
  2 10    b.  A person required to be certified as a confinement site
  2 11 manure applicator must be certified by the department every
  2 12 three years each year.  However, if the person is exempt from
  2 13 paying the certification fee because a family member has paid
  2 14 a certification fee as provided in section 459.400, the
  2 15 person's certification shall expire on the same date that the
  2 16 paid family member's certification expires.  A  The
  2 17 certification expires on March 1 of each year.  The person
  2 18 shall be certified after completing an educational program
  2 19 which shall consist of an any of the following:
  2 20    (1)  An examination required to be passed by the person or
  2 21 two.
  2 22    (2)  At least two hours of continuing instructional courses
  2 23 which the person must attend each year in lieu of passing the
  2 24 examination.
  2 25    Sec. 4.  Section 459.315, subsection 5, paragraph a,
  2 26 subparagraph (2), unnumbered paragraph 1, Code 2007, is
  2 27 amended to read as follows:
  2 28    The person transports, handles, stores, or applies manure
  2 29 for a period of thirty ten business days from the date of
  2 30 initial employment as a commercial manure service
  2 31 representative and all of the following apply:
  2 32    Sec. 5.  Section 459.315, subsection 5, paragraph a,
  2 33 subparagraph (2), subparagraph subdivision (a), Code 2007, is
  2 34 amended to read as follows:
  2 35    (a)  The person completes and submits a form as required by
  3  1 the department documenting that the person is actively seeking
  3  2 certification under this section.
  3  3    Sec. 6.  Section 459.315, subsection 5, paragraph b,
  3  4 subparagraph (2), subparagraph subdivision (b), Code 2007, is
  3  5 amended to read as follows:
  3  6    (b)  In sight or hearing immediate communication distance
  3  7 of the supervised person.
  3  8    Sec. 7.  Section 459.315, subsection 5, Code 2007, is
  3  9 amended by adding the following new paragraph:
  3 10    NEW PARAGRAPH.  c.  This subsection shall not be construed
  3 11 to exempt a person from being required to be certified as a
  3 12 confinement site manure applicator merely because the person
  3 13 is not required to be certified as a commercial manure service
  3 14 representative.
  3 15    Sec. 8.  Section 459.400, subsection 1, paragraph d,
  3 16 subparagraph (2), subparagraph subdivision (a), Code 2007, is
  3 17 amended to read as follows:
  3 18    (a)  The person is certified within one year from the date
  3 19 that a A family member has been certified as a confinement
  3 20 site manure applicator.
  3 21    Sec. 9.  CURRENT CERTIFICATIONS.
  3 22    1.  This Act shall not affect the duration of a three=year
  3 23 certification issued by the department of natural resources to
  3 24 a person as a confinement site manure applicator pursuant to
  3 25 section 459.315 prior to the effective date of this Act, if
  3 26 all of the following apply:
  3 27    a.  The certification is valid on the date immediately
  3 28 prior to the effective date of this Act.
  3 29    b.  The person complies with the applicable requirements
  3 30 provided in chapter 459, including section 459.315 as amended
  3 31 by this Act.
  3 32    2.  The person's three=year certification shall remain
  3 33 valid regardless of whether the person paid a certification
  3 34 fee or was exempt from paying the certification fee as
  3 35 provided in sections 459.315 and 459.400, as those sections
  4  1 existed on the date immediately prior to the effective date of
  4  2 this Act.
  4  3    3.  At the end of the duration of the person's
  4  4 certification as a confinement site manure applicator as
  4  5 provided in section 459.315 as that section existed on the
  4  6 date immediately prior to the effective date of this Act, the
  4  7 person's certification shall expire and the person shall only
  4  8 be certified as a confinement site manure applicator on an
  4  9 annual basis as provided in section 459.315, as amended by
  4 10 this Act.
  4 11    4.  The department may adopt rules as necessary to
  4 12 implement this section.
  4 13                           EXPLANATION
  4 14    GENERAL.  This bill provides for the licensure of a
  4 15 commercial manure service (service), and the certification of
  4 16 a commercial manure service representative (representative),
  4 17 and a confinement site manure applicator (applicator) by the
  4 18 department of natural resources.
  4 19    Currently, a service is engaged in the business of
  4 20 transporting, handling, storing, or applying manure for a fee.
  4 21 A representative is involved as a manager or employee of the
  4 22 service.  An applicator is a person other than a service or
  4 23 representative who applies manure on land if the manure
  4 24 originates from a confinement feeding operation.  A service
  4 25 must be licensed and a representative or operator must be
  4 26 certified by the department.
  4 27    DEFINITIONS.  The bill amends Code section 459.102 which in
  4 28 part defines a service and operator.  For the definition of a
  4 29 service, the bill substitutes the term compensation for fee
  4 30 and provides that a confinement site manure applicator is not
  4 31 a person who only receives compensation for the manure
  4 32 originating from that person's own animal feeding operation or
  4 33 for applying manure originating from that person's own animal
  4 34 feeding operation.  The bill expands the definition of a
  4 35 confinement site manure applicator to include a person who not
  5  1 only applies but who may also transport or handle manure.  The
  5  2 bill further provides that a confinement site manure
  5  3 applicator includes a person who is involved in transferring
  5  4 manure from a confinement feeding operation structure, but not
  5  5 a person who only:  (1) transfers manure within a confinement
  5  6 feeding operation structure, (2) transfers manure in an
  5  7 exclusively dry form between confinement feeding operations at
  5  8 a confinement feeding operation, or (3) transfers manure
  5  9 inside below=ground piping between confinement feeding
  5 10 operation structures.
  5 11    CERTIFICATION.  The bill amends Code section 459.315 to
  5 12 provide an exemption from certification for a commercial
  5 13 manure service representative who is seeking certification.
  5 14 Under current law, a representative must be certified by the
  5 15 department each year.  The bill provides the certification
  5 16 expires on March 1.  The bill reduces the number of hours of
  5 17 continuing instructional courses required to be completed each
  5 18 year in order for a person to be certified as a commercial
  5 19 manure service representative.  The bill reduces the number
  5 20 from three to two, but provides that the department may
  5 21 require that persons attend up to one additional hour each
  5 22 year.
  5 23    The bill also amends certification requirements for
  5 24 confinement site manure applicators.  The bill changes the
  5 25 duration of a certification from three years to one year, and
  5 26 provides that the expiration date is March 1.  The bill
  5 27 provides that the new requirements do not affect the duration
  5 28 of a three=year certification issued by the department prior
  5 29 to the effective date of the bill.  However, after the
  5 30 person's three=year certification expires, the bill requires
  5 31 that the person be certified on an annual basis.
  5 32    UNCERTIFIED APPLICATION.  The bill reduces from 30 calendar
  5 33 days to 10 business days the time period in which an
  5 34 uncertified commercial manure service representative may act
  5 35 under the supervision of a certified representative, and
  6  1 provides that the representative must complete and submit a
  6  2 form for certification as required by the department.
  6  3    Under current law, certain persons are not required to be
  6  4 certified as a confinement site manure applicator, including a
  6  5 person who is acting under the instructions and control of a
  6  6 certified applicator who is physically present at the site
  6  7 where the manure is located and is in sight or hearing
  6  8 distance of the supervised person.  The bill provides that the
  6  9 person being supervised must be within the immediate
  6 10 communication distance of the supervisor in lieu of hearing
  6 11 distance.  The bill also provides that a person is not exempt
  6 12 from being certified as an applicator merely because the
  6 13 person is not required to be certified as a representative.
  6 14 LSB 5425DP 82
  6 15 da/rj/8.1