HF 312 (LSB 1474HV (2) 85)

HOUSE FILE 312

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 87)

A BILL FOR

An Act providing for certification requirements by persons involved in the management of manure, and including provisions for contingent implementation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.315, subsection 3, Code 2013, is amended to read as follows:
   3.  The department shall adopt, by rule, requirements for the certification, including educational program requirements. The department may establish different educational programs designed for commercial manure service representatives and confinement site manure applicators. The department shall adopt rules necessary to administer this section, including establishing certification standards, which shall at least include standards for
 
and continuing instructional courses as provided in this subsection.
   a.  The department shall adopt rules establishing subjects for continuing instructional courses that emphasize practical and cost-effective methods to prevent manure spills and limit the impact of manure spills, especially from manure storage structures. The subjects may also include methods for transporting, handling, storing, and
 
or applying manure,; identifying the potential effects of manure upon surface water and groundwater,; and procedures to remediate the potential effects
 
of manure on surface water or groundwater.
   a.

b.  The department shall adopt by rule criteria for allowing a person required to be certified to complete either a written or oral examination.
   b.

c.  The department shall administer the continuing instructional courses, by either teaching the courses or selecting persons to teach the courses, according to criteria as provided by rules adopted by the department. The department shall, to the extent possible, select persons to teach the continuing instructional courses. The department is not required to compensate persons to teach the continuing instructional courses. In selecting persons, the department shall consult with organizations interested in transporting, handling, storing, or applying manure, including the Iowa commercial nutrient applicators association and associations representing agricultural producers. The Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology shall cooperate with the department in administering the continuing instructional courses. The Iowa cooperative extension service may teach continuing instructional courses, train persons selected to teach courses, or distribute informational materials to persons teaching the courses.
   d.  The department shall provide that the continuing instructional courses be made available via the department’s internet site, the internet site of a person selected to teach the continuing instructional courses, or the Iowa cooperative extension service in agriculture and home economics of Iowa state university of science and technology.
   c.

e.  The department, in administering the certification program under this section, and the department of agriculture and land stewardship, in administering the certification program for pesticide applicators, may cooperate together.
    Sec. 2.  CONTINGENT IMPLEMENTATION.  The department of natural resources shall fully implement section 459.315, subsection 3, paragraph “d”, as enacted by this Act, as follows:
   1.  The department of natural resources must establish and administer a development project to effectuate the provision. The department shall begin the development project contingent upon being appropriated at least two hundred fifty thousand dollars by the general assembly to support the project. The department shall complete the development project within twelve months after the effective date of the appropriation.
   2.  The department shall fully implement section 459.315, subsection 3, paragraph “d”, as enacted by this Act, within twelve months after the development project is completed as provided in subsection 1.
   3.  Section 459.315, subsection 3, paragraph “d”, is repealed on July 1, 2018, if the general assembly does not appropriate at least two hundred fifty thousand dollars to the department of natural resources, as provided in subsection 1, by that date.
EXPLANATION
   BACKGROUND. A person must be certified by the department of natural resources (DNR) in order to apply manure on land (Code section 459.315). Generally, there are two classes of persons required to be certified: (1) a person involved in a confinement feeding operation who is engaged in the application of manure originating from the confinement feeding operation or (2) a person who is associated with a service engaged in the business of transporting, handling, storing, or applying manure (see Code section 459.102 defining “confinement site applicator” and “commercial manure service representative”). In order to be certified, a person must complete an educational program which consists of passing an examination or attending three or two hours of continuing instructional courses each year depending on the type of certification. The courses must be taught by the DNR or a person selected by the DNR, including Iowa state university (ISU). The fee for certification is based on the costs of administering the program (see Code sections 459.315 and 459.400).
   BILL —— INSTRUCTIONAL COURSE SUBJECTS. The bill amends a provision which provides that DNR must establish requirements for instructional course subjects. Currently, the curriculum must include methods for transporting, handling, or applying manure; the potential effects of manure upon surface water and groundwater; and procedures to remediate the potential effects of manure on surface water or groundwater. The bill provides that the curriculum must primarily emphasize practical and cost-effective methods to prevent manure spills and limit the impact of manure spills, especially from manure storage structures.
   BILL —— INSTRUCTIONAL COURSES OFFERED VIA THE INTERNET. The bill provides that the DNR must provide that the continuing instructional courses be made available via the department’s internet site, the internet site of a person selected to teach the continuing instructional courses, or ISU. The department is not required to implement this provision of the bill unless the general assembly appropriates $250,000 to support a development project for its implementation. The provision is repealed if the department is not appropriated that amount by July 1, 2018.