House File 312 - Introduced HOUSE FILE 312 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 87) A BILL FOR An Act providing for certification requirements by persons 1 involved in the management of manure, and including 2 provisions for contingent implementation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1474HV (2) 85 da/sc

H.F. 312 Section 1. Section 459.315, subsection 3, Code 2013, is 1 amended to read as follows: 2 3. The department shall adopt, by rule, requirements for 3 the certification, including educational program requirements. 4 The department may establish different educational programs 5 designed for commercial manure service representatives and 6 confinement site manure applicators. The department shall 7 adopt rules necessary to administer this section , including 8 establishing certification standards , which shall at least 9 include standards for and continuing instructional courses as 10 provided in this subsection. 11 a. The department shall adopt rules establishing subjects 12 for continuing instructional courses that emphasize practical 13 and cost-effective methods to prevent manure spills and 14 limit the impact of manure spills, especially from manure 15 storage structures. The subjects may also include methods 16 for transporting, handling, storing, and or applying manure , ; 17 identifying the potential effects of manure upon surface water 18 and groundwater , ; and procedures to remediate the potential 19 effects of manure on surface water or groundwater. 20 a. b. The department shall adopt by rule criteria for 21 allowing a person required to be certified to complete either 22 a written or oral examination. 23 b. c. The department shall administer the continuing 24 instructional courses, by either teaching the courses or 25 selecting persons to teach the courses, according to criteria 26 as provided by rules adopted by the department. The department 27 shall, to the extent possible, select persons to teach the 28 continuing instructional courses. The department is not 29 required to compensate persons to teach the continuing 30 instructional courses. In selecting persons, the department 31 shall consult with organizations interested in transporting, 32 handling, storing, or applying manure, including the Iowa 33 commercial nutrient applicators association and associations 34 representing agricultural producers. The Iowa cooperative 35 -1- LSB 1474HV (2) 85 da/sc 1/ 4

H.F. 312 extension service in agriculture and home economics of Iowa 1 state university of science and technology shall cooperate with 2 the department in administering the continuing instructional 3 courses. The Iowa cooperative extension service may teach 4 continuing instructional courses, train persons selected to 5 teach courses, or distribute informational materials to persons 6 teaching the courses. 7 d. The department shall provide that the continuing 8 instructional courses be made available via the department’s 9 internet site, the internet site of a person selected to teach 10 the continuing instructional courses, or the Iowa cooperative 11 extension service in agriculture and home economics of Iowa 12 state university of science and technology. 13 c. e. The department, in administering the certification 14 program under this section , and the department of agriculture 15 and land stewardship , in administering the certification 16 program for pesticide applicators , may cooperate together. 17 Sec. 2. CONTINGENT IMPLEMENTATION. The department of 18 natural resources shall fully implement section 459.315, 19 subsection 3, paragraph “d”, as enacted by this Act, as 20 follows: 21 1. The department of natural resources must establish and 22 administer a development project to effectuate the provision. 23 The department shall begin the development project contingent 24 upon being appropriated at least two hundred fifty thousand 25 dollars by the general assembly to support the project. The 26 department shall complete the development project within twelve 27 months after the effective date of the appropriation. 28 2. The department shall fully implement section 459.315, 29 subsection 3, paragraph “d”, as enacted by this Act, within 30 twelve months after the development project is completed as 31 provided in subsection 1. 32 3. Section 459.315, subsection 3, paragraph “d”, is 33 repealed on July 1, 2018, if the general assembly does not 34 appropriate at least two hundred fifty thousand dollars to the 35 -2- LSB 1474HV (2) 85 da/sc 2/ 4

H.F. 312 department of natural resources, as provided in subsection 1, 1 by that date. 2 EXPLANATION 3 BACKGROUND. A person must be certified by the department 4 of natural resources (DNR) in order to apply manure on land 5 (Code section 459.315). Generally, there are two classes of 6 persons required to be certified: (1) a person involved in a 7 confinement feeding operation who is engaged in the application 8 of manure originating from the confinement feeding operation 9 or (2) a person who is associated with a service engaged in 10 the business of transporting, handling, storing, or applying 11 manure (see Code section 459.102 defining “confinement site 12 applicator” and “commercial manure service representative”). 13 In order to be certified, a person must complete an educational 14 program which consists of passing an examination or attending 15 three or two hours of continuing instructional courses each 16 year depending on the type of certification. The courses must 17 be taught by the DNR or a person selected by the DNR, including 18 Iowa state university (ISU). The fee for certification is 19 based on the costs of administering the program (see Code 20 sections 459.315 and 459.400). 21 BILL —— INSTRUCTIONAL COURSE SUBJECTS. The bill amends a 22 provision which provides that DNR must establish requirements 23 for instructional course subjects. Currently, the curriculum 24 must include methods for transporting, handling, or applying 25 manure; the potential effects of manure upon surface water 26 and groundwater; and procedures to remediate the potential 27 effects of manure on surface water or groundwater. The bill 28 provides that the curriculum must primarily emphasize practical 29 and cost-effective methods to prevent manure spills and limit 30 the impact of manure spills, especially from manure storage 31 structures. 32 BILL —— INSTRUCTIONAL COURSES OFFERED VIA THE INTERNET. The 33 bill provides that the DNR must provide that the continuing 34 instructional courses be made available via the department’s 35 -3- LSB 1474HV (2) 85 da/sc 3/ 4

H.F. 312 internet site, the internet site of a person selected to teach 1 the continuing instructional courses, or ISU. The department 2 is not required to implement this provision of the bill 3 unless the general assembly appropriates $250,000 to support a 4 development project for its implementation. The provision is 5 repealed if the department is not appropriated that amount by 6 July 1, 2018. 7 -4- LSB 1474HV (2) 85 da/sc 4/ 4