HOUSE FILE 355

BY  SWEENEY and GRASSLEY

A BILL FOR

An Act relating to agriculture, by eliminating certain powers of and requirements administered by the department of agriculture and land stewardship.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

ORGANIC NUTRIENT MANAGEMENT
   Section 1.  REPEAL.  Sections 161C.5 and 161C.6, Code 2011, are repealed.
   Sec. 2.  MONEYS IN THE ORGANIC NUTRIENT MANAGEMENT FUND.  Moneys in the organic nutrient management fund shall be retained by the department of agriculture and land stewardship for purposes of supporting its soil conservation division for the fiscal year beginning July 1, 2011, and ending June 30, 2012.

DIVISION II

CONTROL OF PATHOGENIC VIRUSES IN POULTRY
   Sec. 3.  Section 165B.2, subsection 1, Code 2011, is amended to read as follows:
   1.
  a.  The provisions of this chapter, including departmental rules adopted pursuant to this chapter, shall be administered and enforced by the department.The department shall establish, by rule, civil penalties which may be administratively or judicially assessed. The department may impose, assess, and collect the civil penalties. The attorney general or county attorney may bring a judicial action or prosecution necessary to enforce the provisions of this chapter.
   b.  The department shall retain moneys from civil penalties that it collects under this chapter. The moneys are appropriated to the department for the administration and enforcement of this chapter. Notwithstanding section 8.33, such moneys shall not revert, but shall be retained by the department for the purposes described in this paragraph. The department shall submit a report to the chairpersons of the joint appropriations subcommittee on agriculture and natural resources by January 5 of each year. The report shall state, at a minimum, the total amount of moneys collected during the past calendar year and describe how these moneys were expended.

DIVISION III

BULK DRY ANIMAL NUTRIENT PRODUCTS
   Sec. 4.  Section 200A.10, subsection 3, Code 2011, is amended by striking the subsection.

DIVISION IV

AGRICULTURAL REMEDIATION
   Sec. 5.  Section 455B.601, subsection 2, Code 2011, is amended to read as follows:
   2.  This section is applicable to a site upon which contamination has been discovered, unless one of the following applies:
   a.  Remediation remediation on the site has already been approved by the department and implemented.
   b.  A responsible person has executed a remediation agreement with the agrichemical remediation board and the responsible person is remediating or has remediated the site pursuant to a plan of remediation as provided in chapter 161.
   Sec. 6.  PAYMENT OF OUTSTANDING CLAIMS.  The executive council shall allocate moneys, from moneys in the general fund of the state which are not otherwise obligated or encumbered, for the payment of any outstanding claim for the remediation of a contaminated site as provided in chapter 161 as that chapter existed when the agrichemical remediation board executed a remediation agreement with the claimant. The executive council shall pay the claimant the same amount in the same manner as the agrichemical remediation board would have paid the claimant from the agrichemical remediation fund.
   Sec. 7.  REPEAL.  Chapter 161, Code 2011, is repealed.

DIVISION V

SWINE DEALER LICENSING
   Sec. 8.  Section 163.30, subsection 3, paragraph c, Code 2011, is amended to read as follows:
   c.  Each employee or agent doing business by buying for resale, selling, or exchanging feeder swine in the name of a licensed dealer shall be required to secure a permitand identification card issued by the department showing the person is employed by or represents a licensed dealer. All such permitsand identification cards shall be issued upon application forms furnished by the department at a cost of three dollars per annum, and shall expire on the first day of July following the date of issue.
EXPLANATION
   GENERAL. This bill relates to agriculture and specifically the authority of the department of agriculture and land stewardship (DALS) to administer and enforce a number of statutory provisions.
   DIVISION I —— ORGANIC NUTRIENT MANAGEMENT. The bill eliminates the organic nutrient management fund (Code section 161C.5) used to support the organic nutrient management program (Code section 161C.6), which the bill also eliminates. The fund and the program are administered by DALS’ soil conservation division. The purpose of the fund and program is to provide financial incentives to establish livestock manure management systems in order to facilitate the proper utilization of livestock manure, and to protect the water resources of the state from livestock manure runoff. The fund has a balance of less than $20, which is to be retained by the division.
   DIVISION II —— CONTROL OF PATHOGENIC VIRUSES IN POULTRY.  The bill eliminates provisions in Code section 165B.2 which authorize DALS to regulate certain viruses affecting poultry, including avian paramyxovirus, commonly referred to as Newcastle disease, and avian influenza (defined as pathogenic viruses). Specifically, the bill eliminates a provision which authorizes DALS to adopt rules for the establishment of civil penalties which may be administratively or judicially assessed.
   The bill does not amend other statutory provisions which provide DALS with similar authority to regulate the prevention and control of pathogenic viruses. DALS may adopt rules for civil penalties under Code chapter 163 which may also be administratively or judicially assessed (Code section 163.61), and may continue to provide civil penalties for certain violations of Code chapter 165B (Code sections 165B.4 and 165B.5).
   DIVISION III —— BULK DRY ANIMAL NUTRIENT PRODUCTS. The bill eliminates a provision in Code chapter 200A which provides for the regulation of bulk dry animal nutrient (manure) products. Specifically, the eliminated provision allows DALS to enter onto public or private premises in order to conduct laboratory examinations to determine if such products comply with the Code chapter’s standards (Code section 200A.10(3)).
   DIVISION IV —— AGRICULTURAL REMEDIATION. The bill eliminates Code chapter 161 providing for agrichemical remediation. An “agrichemical” is defined as a fertilizer or pesticide (Code section 161.2). The Code chapter is administered by an agrichemical remediation board (Code section 161.3) which is responsible for executing remediation agreements with persons and carrying out a plan to remediate a contaminated site (Code section 161.8). The board is also responsible for the payment of claims associated with remediation costs (Code section 161.9). The payment of claims is supported by available moneys in an agricultural remediation fund. In 2009, Senate File 467 (2009 Iowa Acts, chapter 175, section 4) appropriated all unobligated or unencumbered moneys from the fund to support DALS. The bill requires the executive council to satisfy any outstanding claims against the fund.
   DIVISION V —— SWINE DEALER LICENSING —— IDENTIFICATION CARD.  The bill eliminates a provision that requires persons employed or acting on behalf of a licensed feeder swine dealer to obtain an identification card issued by the department.