HOUSE FILE 558

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HF 292)

A BILL FOR

An Act relating to requests for agency action involving rules affecting livestock production, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 17A.7, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  To the extent that a provision in this section conflicts with a provision in section 17A.7A, the provision in section 17A.7A prevails.
   Sec. 2.  NEW SECTION.  17A.7A  Petition for adoption of rules and request for review of rules —— livestock production.
   1.  As used in this section,“regulatory burden” includes but is not limited to an issue affecting the health, treatment, or use of livestock; a condition or activity occurring on land used for the production of livestock, including but not limited to the breeding, care, feeding, or housing of livestock; manure management; or the disposal of a livestock carcass.
   2.  This section applies to a request for an agency action submitted pursuant to section 17A.7, relating to the regulatory burden placed upon a livestock producer, including a petition to an agency requesting the adoption, amendment, or repeal of a rule or a written request to the administrative rules coordinator for an agency to conduct a formal review of a rule of that agency. The administrative rules coordinator may submit a request made under this section to the agency for a decision.
   3.  The request shall be denied within the time period set out in section 17A.7, if all of the following apply:
   a.  It is more likely than not that any action to adopt, amend, or repeal a rule resulting from the petition or review would increase the regulatory burden placed upon a livestock producer.
   b.  The request is not accompanied by credible data. In order to be credible, data must include facts, measurements, or statistics that are collected and analyzed using objective methods that are generally scientifically accepted. Data is not credible if an agency would not rely upon it alone to adopt, amend, or repeal a rule.
   4.  This section applies notwithstanding any contrary provision in section 17A.7.
   5.  This section does not apply if the agency or administrative rules coordinator determines that an action to adopt, amend, or repeal a rule resulting from the petition or review would substantially decrease the regulatory burden placed upon a livestock producer and any increase in the regulatory burden placed upon the livestock producer would be minimal.
   Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   REQUESTS FOR AGENCY ACTION. The “Iowa Administrative Procedure Act” allows a person to submit a request for agency action to adopt, amend, or repeal a rule (Code section 17A.7). The request may be in the form of a petition submitted to the agency. Generally, the agency must either deny the request or initiate rulemaking procedures. A request may also be submitted by a person, association, agency, or political subdivision to the administrative rules coordinator to order the agency to conduct a review and determine whether a rule should be amended or repealed or a new rule adopted.
   REQUESTS INVOLVING LIVESTOCK PRODUCTION. This bill provides special procedures for a request that would increase the regulatory burden placed upon a livestock producer. In that case, the agency or administrative rules coordinator must deny the request unless it is accompanied by credible data collected and analyzed using generally accepted scientific methods. The bill provides that the administrative rules coordinator may defer the decision to the agency. The bill’s provisions do not apply even if the agency or administrative rules coordinator determines that there would be an increase in the regulatory burden, so long as the increase would be minimal and would be offset by a substantial decrease in the livestock producer’s regulatory burden.