House File 457 - Introduced HOUSE FILE 457 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: 7 TLSB 1250YH (2) 89 da/ns

H.F. 457 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. 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 a. 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 b. Federal and state statutes, administrative regulations or 26 rules, and court decisions that provide for soil loss limits 27 and water quality criteria. 28 c. 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 d. Academic studies that analyze and evaluate legal and 33 environmental matters arising under paragraphs “a” , “b” , and 34 “c” . 35 -1- LSB 1250YH (2) 89 da/ns 1/ 5

H.F. 457 3. a. The secretary of agriculture, or a person employed 1 by the department of agriculture and land stewardship and 2 designated by the secretary, shall serve as chairperson of the 3 committee. 4 b. The secretary of agriculture shall appoint eight members 5 to the committee having special knowledge of the subjects 6 described in subsection 2 as follows: 7 (1) One official or employee associated with the United 8 States department of agriculture’s natural resources 9 conservation service. 10 (2) Six private stakeholders, including all of the 11 following: 12 (a) Two lessors and two farm tenants associated with row 13 crop production. 14 (b) Two persons associated with animal agriculture 15 regulated under chapter 459 or 459A. 16 (3) One private attorney who is a member of the Iowa 17 state bar association who represents lessors and lessees of 18 agricultural land as a significant part of the attorney’s 19 practice. 20 c. In addition to the appointments made in paragraph “b” , 21 the committee shall include all of the following: 22 (1) Three state employees as follows: 23 (a) One person appointed by the secretary of agriculture 24 who is an employee of the division of soil conservation and 25 water quality created within the department pursuant to section 26 159.5. 27 (b) One person appointed by the director of the department 28 of natural resources who is an attorney representing the 29 department in contested case proceedings involving water 30 quality. 31 (c) One person appointed by the president of Iowa state 32 university of science and technology associated with the center 33 for agriculture and rural development. 34 (2) One person appointed by the president of the 35 -2- LSB 1250YH (2) 89 da/ns 2/ 5

H.F. 457 conservation districts of Iowa, who is associated with a soil 1 and water conservation district. 2 d. (1) The committee shall include experts in agricultural 3 issues, including all of the following: 4 (a) Persons appointed by the secretary of agriculture who 5 are interested experts in agricultural law, including the 6 director of the Drake university agricultural law center. 7 (b) One person appointed by the president of Iowa state 8 university of science and technology associated with the Iowa 9 nutrient research center established pursuant to section 10 466B.47. 11 (2) Persons appointed pursuant to subparagraph (1) shall 12 serve on a nonvoting basis. 13 4. A majority of the voting members shall constitute a 14 quorum, and any action taken by the committee must be adopted 15 by a majority of the voting membership. 16 5. The committee shall submit a report to the governor and 17 general assembly not later than January 17, 2024. 18 a. The report shall include findings and recommendations 19 which address measures that provide for the proper 20 establishment and maintenance of land uses, and the adoption of 21 best management practices, on leased agricultural land. The 22 recommended measures shall do all of the following: 23 (1) Protect the permanent capacity of this state’s soils to 24 sustain plant and animal life, and improve this state’s surface 25 water quality. 26 (2) Limit sediment, nutrients, or other crop production 27 inputs from being conveyed by surface water runoff or leaching 28 from point or nonpoint sources. 29 b. (1) The report shall include proposed new statutes or 30 changes to existing statutes for consideration by the general 31 assembly necessary or desirable to implement recommendations in 32 the report required by paragraph “a” , including the imposition 33 of requirements for farm tenants and owners of agricultural 34 land to enter into written agreements prescribing their mutual 35 -3- LSB 1250YH (2) 89 da/ns 3/ 5

H.F. 457 obligations that provide for soil and water conservation, the 1 restoration of soil health, and water quality. The report 2 shall also include any related proposed new administrative 3 rules or changes to existing administrative rules that are 4 necessary or desirable to implement such statutes. 5 (2) The report shall include any proposed new 6 administrative rules or changes to existing administrative 7 rules that may be adopted by the department of agriculture and 8 land stewardship without changes to statute. In that case, the 9 department shall commence the adoption of such rules pursuant 10 to chapter 17A. 11 6. a. A member attending a meeting of the committee is not 12 entitled to receive a per diem as specified in section 7E.6. 13 b. A member attending a meeting of the committee, who is not 14 a federal or state government employee, shall be reimbursed for 15 actual expenses incurred in attending the meeting. 16 7. This section is repealed on July 1, 2024. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 GENERAL. This bill creates an agricultural land, soils, 21 water quality, and farm tenure initiative committee. 22 The committee is required to conduct a study and make 23 recommendations to the governor and general assembly regarding 24 farm tenancy and methods for leasing land to profitably grow 25 agricultural products while providing for the sustainability 26 and quality of this state’s natural resources. 27 COMMITTEE’S COMPOSITION. The secretary of agriculture, 28 or a person employed by the department and designated by the 29 secretary, is to serve as chairperson. The secretary is 30 required to appoint a number of committee members, including 31 a person associated with the United States department of 32 agriculture, agricultural producers, and a private attorney 33 familiar with leases of agricultural land. In addition, 34 the committee must include an employee of the department 35 -4- LSB 1250YH (2) 89 da/ns 4/ 5

H.F. 457 of agriculture and land stewardship’s division of soil 1 conservation and water quality, an attorney employed by the 2 department of natural resources, a person associated with the 3 center for agriculture and rural development, and a person 4 appointed by the president of the conservation districts 5 of Iowa. The committee includes interested experts in 6 agricultural issues appointed by the secretary of agriculture 7 who are experts in agricultural law and a person associated 8 with the Iowa nutrient research center appointed by the 9 president of Iowa state university of science and technology. 10 REPORT. The committee must submit a report to the governor 11 and general assembly not later than January 17, 2024. The 12 report must include findings and recommendations that address 13 measures that provide for the proper establishment and 14 maintenance of land uses and the adoption of best management 15 practices. The measures must: (1) protect the permanent 16 capacity of this state’s soils to sustain plant and animal 17 life, and improve this state’s surface water quality; and (2) 18 limit sediment, nutrients, or other crop production inputs 19 from being conveyed by surface water runoff or leaching from 20 point or nonpoint sources. The report must include proposed 21 legislation and administrative rules. 22 REPEAL. The bill’s provisions are repealed on July 1, 2024. 23 -5- LSB 1250YH (2) 89 da/ns 5/ 5