HF 2498 (LSB 5701YH (7) 87)

HOUSE FILE 2498

BY  ISENHART

A BILL FOR

An Act creating an agricultural land, soils, water quality, and farm tenure initiative committee to conduct a study and make recommendations to improve the manner in which farm tenants may profitably grow agricultural products using leased agricultural land while providing for the sustainability and quality of this state’s natural resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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