House
File
2498
-
Introduced
HOUSE
FILE
2498
BY
ISENHART
A
BILL
FOR
An
Act
creating
an
agricultural
land,
soils,
water
quality,
and
1
farm
tenure
initiative
committee
to
conduct
a
study
and
make
2
recommendations
to
improve
the
manner
in
which
farm
tenants
3
may
profitably
grow
agricultural
products
using
leased
4
agricultural
land
while
providing
for
the
sustainability
and
5
quality
of
this
state’s
natural
resources.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
466D.1
Sustainable
agricultural
1
land,
soils,
water
quality,
and
farm
tenure
initiative
committee
2
——
study
and
proposed
legislation
and
associated
rules.
3
1.
The
secretary
of
agriculture
shall
establish
a
4
sustainable
agricultural
land,
soils,
water
quality,
and
farm
5
tenure
initiative
committee
in
order
to
study
methods
and
make
6
recommendations
to
improve
the
manner
in
which
farm
tenants
7
leasing
land
may
profitably
grow
agricultural
products
while
8
preserving
and
enhancing
this
state’s
natural
resources.
The
9
recommendations
shall
include
the
imposition
of
requirements
10
for
farm
tenants
and
owners
of
agricultural
land
to
enter
into
11
written
agreements
prescribing
their
mutual
obligations
that
12
provide
for
soil
and
water
conservation,
the
restoration
of
13
soil
health,
and
water
quality
associated
with
the
leased
land.
14
2.
a.
In
carrying
out
the
study
and
making
recommendations
15
as
described
in
subsection
1,
the
committee
shall
conduct
a
16
comprehensive
review
of
all
of
the
following:
17
(1)
Farm
tenancy
statutes
and
court
decisions
in
this
state
18
and
other
states
that
involve
the
leasing
of
agricultural
land
19
used
for
farming.
The
committee
shall
evaluate
the
impact
20
of
oral
leases,
the
common
law
of
tenancies,
the
common
law
21
doctrine
of
waste,
and
the
performance
of
the
farm
tenant’s
22
legal
obligations
in
order
to
comply
with
best
management
23
practices
as
provided
by
a
lease
agreement
or
statute,
and
24
procedures
for
the
enforcement
of
those
obligations.
25
(2)
Federal
and
state
statutes,
administrative
regulations
26
or
rules,
and
court
decisions
that
provide
for
soil
loss
limits
27
and
water
quality
criteria.
28
(3)
The
establishment
and
maintenance
of
land
uses
and
the
29
adoption
of
farming
practices
that
limit
sediment,
nutrients,
30
or
other
crop
production
inputs
from
being
conveyed
by
surface
31
water
runoff
or
leaching
from
point
and
nonpoint
sources.
32
b.
Academic
studies
that
analyze
and
evaluate
legal
and
33
environmental
matters
arising
under
paragraph
“a”
.
34
3.
a.
The
secretary
of
agriculture,
or
a
person
employed
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by
the
department
of
agriculture
and
land
stewardship
and
1
designated
by
the
secretary,
shall
serve
as
chairperson
of
the
2
committee.
3
b.
The
secretary
of
agriculture
shall
appoint
eight
members
4
to
the
committee
having
special
knowledge
of
the
subjects
5
described
in
subsection
2
as
follows:
6
(1)
One
official
or
employee
associated
with
the
United
7
States
department
of
agriculture’s
natural
resources
8
conservation
service.
9
(2)
Six
private
stakeholders,
including
all
of
the
10
following:
11
(a)
Two
lessors
and
two
farm
tenants
associated
with
row
12
crop
production.
13
(b)
Two
persons
associated
with
animal
agriculture
14
regulated
under
chapter
459
or
459A.
15
(3)
One
private
attorney
who
is
a
member
of
the
Iowa
16
state
bar
association
who
represents
lessors
and
lessees
of
17
agricultural
land
as
a
significant
part
of
the
attorney’s
18
practice.
19
c.
In
addition
to
the
appointments
made
in
paragraph
“b”
,
20
the
committee
shall
include
all
of
the
following:
21
(1)
Three
state
employees
as
follows:
22
(a)
One
person
appointed
by
the
secretary
of
agriculture
23
who
is
an
employee
of
the
division
of
soil
conservation
and
24
water
quality
created
within
the
department
pursuant
to
section
25
159.5.
26
(b)
One
person
appointed
by
the
director
of
the
department
27
of
natural
resources
who
is
an
attorney
representing
the
28
department
in
contested
case
proceedings
involving
water
29
quality.
30
(c)
One
person
appointed
by
the
president
of
Iowa
state
31
university
of
science
and
technology
associated
with
the
center
32
for
agriculture
and
rural
development.
33
(2)
One
person
appointed
by
the
president
of
the
34
conservation
districts
of
Iowa,
who
is
associated
with
a
soil
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and
water
conservation
district.
1
d.
(1)
The
committee
shall
include
experts
in
agricultural
2
issues,
including
all
of
the
following:
3
(a)
Persons
appointed
by
the
secretary
of
agriculture
who
4
are
interested
experts
in
agricultural
law,
including
the
5
director
of
the
Drake
university
agricultural
law
center.
6
(b)
One
person
appointed
by
the
president
of
Iowa
state
7
university
of
science
and
technology
associated
with
the
Iowa
8
nutrient
research
center
established
pursuant
to
section
9
466B.47.
10
(2)
Persons
appointed
pursuant
to
subparagraph
(1)
shall
11
serve
on
a
nonvoting
basis.
12
4.
A
majority
of
the
voting
members
shall
constitute
a
13
quorum,
and
any
action
taken
by
the
committee
must
be
adopted
14
by
a
majority
of
the
voting
membership.
15
5.
The
committee
shall
submit
a
report
to
the
governor
and
16
general
assembly
not
later
than
January
17,
2020.
17
a.
The
report
shall
include
findings
and
recommendations
18
which
address
measures
that
provide
for
the
proper
19
establishment
and
maintenance
of
land
uses,
and
the
adoption
of
20
best
management
practices,
on
leased
agricultural
land.
The
21
recommended
measures
shall
do
all
of
the
following:
22
(1)
Protect
the
permanent
capacity
of
this
state’s
soils
to
23
sustain
plant
and
animal
life,
and
improve
this
state’s
surface
24
water
quality.
25
(2)
Limit
sediment,
nutrients,
or
other
crop
production
26
inputs
from
being
conveyed
by
surface
water
runoff
or
leaching
27
from
point
or
nonpoint
sources.
28
b.
(1)
The
report
shall
include
proposed
new
statutes
or
29
changes
to
existing
statutes
for
consideration
by
the
general
30
assembly
necessary
or
desirable
to
implement
recommendations
in
31
the
report
required
by
paragraph
“a”
,
including
the
imposition
32
of
requirements
for
farm
tenants
and
owners
of
agricultural
33
land
to
enter
into
written
agreements
prescribing
their
mutual
34
obligations
that
provide
for
soil
and
water
conservation,
the
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restoration
of
soil
health,
and
water
quality.
The
report
1
shall
also
include
any
related
proposed
new
administrative
2
rules
or
changes
to
existing
administrative
rules
that
are
3
necessary
or
desirable
to
implement
such
statutes.
4
(2)
The
report
shall
include
any
proposed
new
5
administrative
rules
or
changes
to
existing
administrative
6
rules
that
may
be
adopted
by
the
department
of
agriculture
and
7
land
stewardship
without
changes
to
statute.
In
that
case,
the
8
department
shall
commence
the
adoption
of
such
rules
pursuant
9
to
chapter
17A.
10
6.
a.
A
member
attending
a
meeting
of
the
committee
is
not
11
entitled
to
receive
a
per
diem
as
specified
in
section
7E.6.
12
b.
A
member
attending
a
meeting
of
the
committee,
who
is
not
13
a
federal
or
state
government
employee,
shall
be
reimbursed
for
14
actual
expenses
incurred
in
attending
the
meeting.
15
7.
This
section
is
repealed
on
July
1,
2020.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
GENERAL.
This
bill
creates
an
agricultural
land,
soils,
20
water
quality,
and
farm
tenure
initiative
committee.
21
The
committee
is
required
to
conduct
a
study
and
make
22
recommendations
to
the
governor
and
general
assembly
regarding
23
farm
tenancy
and
methods
for
leasing
land
to
profitably
grow
24
agricultural
products
while
providing
for
the
sustainability
25
and
quality
of
this
state’s
natural
resources.
26
COMMITTEE’S
COMPOSITION.
The
secretary
of
agriculture,
27
or
a
person
employed
by
the
department
and
designated
by
the
28
secretary,
is
to
serve
as
chairperson.
The
secretary
is
29
required
to
appoint
a
number
of
committee
members,
including
30
a
person
associated
with
the
United
States
department
of
31
agriculture,
agricultural
producers,
and
a
private
attorney
32
familiar
with
leases
of
agricultural
land.
In
addition,
33
the
committee
must
include
an
employee
of
the
department
34
of
agriculture
and
land
stewardship’s
division
of
soil
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conservation
and
water
quality,
an
attorney
employed
by
the
1
department
of
natural
resources,
a
person
associated
with
the
2
center
for
agriculture
and
rural
development,
and
a
person
3
appointed
by
the
president
of
the
conservation
districts
4
of
Iowa.
The
committee
includes
interested
experts
in
5
agricultural
issues
appointed
by
the
secretary
of
agriculture
6
who
are
experts
in
agricultural
law
and
a
person
associated
7
with
the
Iowa
nutrient
research
center
appointed
by
the
8
president
of
Iowa
state
university
of
science
and
technology.
9
REPORT.
The
committee
must
submit
a
report
to
the
governor
10
and
general
assembly
not
later
than
January
17,
2020.
The
11
report
must
include
findings
and
recommendations
that
address
12
measures
that
provide
for
the
proper
establishment
and
13
maintenance
of
land
uses
and
the
adoption
of
best
management
14
practices.
The
measures
must:
(1)
protect
the
permanent
15
capacity
of
this
state’s
soils
to
sustain
plant
and
animal
16
life,
and
improve
this
state’s
surface
water
quality;
and
(2)
17
limit
sediment,
nutrients,
or
other
crop
production
inputs
18
from
being
conveyed
by
surface
water
runoff
or
leaching
from
19
point
or
nonpoint
sources.
The
report
must
include
proposed
20
legislation
and
administrative
rules.
21
REPEAL.
The
bill’s
provisions
are
repealed
on
July
1,
2020.
22
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