House Study Bill 87 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON GRASSLEY) A BILL FOR An Act providing for certification requirements by persons 1 involved in the management of manure. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1474YC (3) 85 da/sc
H.F. _____ 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 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 1474YC (3) 85 da/sc 1/ 3
H.F. _____ 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 EXPLANATION 18 BACKGROUND. A person must be certified by the department 19 of natural resources (DNR) in order to apply manure on land 20 (Code section 459.315). Generally, there are two classes of 21 persons required to be certified: (1) a person involved in a 22 confinement feeding operation who is engaged in the application 23 of manure originating from the confinement feeding operation 24 or (2) a person who is associated with a service engaged in 25 the business of transporting, handling, storing, or applying 26 manure (see Code section 459.102 defining “confinement site 27 applicator” and “commercial manure service representative”). 28 In order to be certified, a person must complete an educational 29 program which consists of passing an examination or attending 30 three or two hours of continuing instructional courses each 31 year depending on the type of certification. The courses must 32 be taught by the DNR or a person selected by the DNR, including 33 Iowa state university (ISU). The fee for certification is 34 based on the costs of administering the program (see Code 35 -2- LSB 1474YC (3) 85 da/sc 2/ 3
H.F. _____ sections 459.315 and 459.400). 1 BILL —— INSTRUCTIONAL COURSE SUBJECTS. The bill amends a 2 provision which provides that DNR must establish requirements 3 for instructional course subjects. Currently, the curriculum 4 must include methods for transporting, handling, or applying 5 manure; the potential effects of manure upon surface water 6 and groundwater; and procedures to remediate the potential 7 effects of manure on surface water or groundwater. The bill 8 provides that the curriculum must primarily emphasize practical 9 and cost-effective methods to prevent manure spills and limit 10 the impact of manure spills, especially from manure storage 11 structures. 12 BILL —— INSTRUCTIONAL COURSES OFFERED VIA THE INTERNET. The 13 bill provides that the DNR must provide that the continuing 14 instructional courses be made available via the department’s 15 internet site, the internet site of a person selected to teach 16 the continuing instructional courses, or ISU. 17 -3- LSB 1474YC (3) 85 da/sc 3/ 3