House Study Bill 165 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON SEXTON) A BILL FOR An Act providing for a commercial fertilizer study conducted 1 by the department of agriculture and land stewardship, and 2 providing for conditional implementation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2154YC (4) 91 da/ns

H.F. _____ Section 1. NEW SECTION . 466B.51 Definitions. 1 As used in this subchapter, unless the context otherwise 2 requires: 3 1. “Commercial fertilizer” means the same as defined in 4 section 200.3. 5 2. “Commercial nitrogen-based fertilizer” means a commercial 6 fertilizer containing at least twenty-five percent total 7 nitrogen. 8 3. “Department” means the department of agriculture and land 9 stewardship. 10 4. “Qualifying crop production product” means a commercially 11 available product that, when applied to cropland in conjunction 12 with or as an alternative to a commercial fertilizer, 13 cost-effectively promotes optimum plant growth in a manner that 14 best reduces nitrogen as a nonpoint source of water pollution. 15 5. “Soil conditioner” means the same as defined in section 16 200.3. 17 Sec. 2. NEW SECTION . 466B.52 Commercial fertilizer study. 18 1. The department shall develop, implement, and administer 19 a commercial fertilizer study. The purpose of the study is 20 to determine innovations that may be practically incorporated 21 as part of crop production practices that reduce the average 22 statewide per-cropland-acre use of commercial nitrogen-based 23 fertilizers by the lesser of fifteen percent of the total 24 nitrogen applied, or thirty pounds, using one or more historic 25 baselines established by the department. The department 26 may contract with another party to develop, implement, and 27 administer any part of the study subject to the department’s 28 direction and supervision. 29 2. The department shall examine qualifying crop production 30 products, including but not limited to soil conditioners with 31 nitrogen-fixing properties, biological sources of nitrogen, 32 and other biofertilizers that improve nitrogen management 33 practices. 34 3. The study shall be conducted with the participation of 35 -1- LSB 2154YC (4) 91 da/ns 1/ 4

H.F. _____ crop producers selected from diverse areas of the state who 1 agree to set aside a limited number of crop acres for four crop 2 years. For each crop year, the department shall reimburse the 3 participating crop producer not less than five dollars per 4 acre for each crop year, subject to an annual adjustment for 5 inflation. 6 Sec. 3. NEW SECTION . 466B.53 Report. 7 The department shall prepare a preliminary report and 8 final report regarding its efforts to develop, implement, and 9 administer the study. Each report must include information 10 regarding the extent to which crop producers are participating 11 in the study and the extent to which the purpose of the 12 study is being achieved. Each report must identify the best 13 qualifying crop production products for corn and soybeans. 14 The department shall deliver the preliminary report to the 15 governor and general assembly not later than January 15, 2028, 16 and shall deliver the final report to the governor and general 17 assembly not later than January 15, 2031. Each report shall 18 not identify an individual study participant or specific 19 agricultural land. 20 Sec. 4. NEW SECTION . 466B.54 Confidentiality. 21 Any information received, collected, or held under this 22 subchapter is a confidential record as provided in section 23 22.7, if the information identifies any of the following: 24 1. A person who holds a legal interest in the cropland 25 used in conducting the study under this subchapter or who has 26 previously held a legal interest in that cropland. 27 2. A person who is involved in managing the cropland used 28 in conducting the study under this subchapter or who has 29 previously managed that cropland. 30 3. The identifiable location of the cropland used in 31 conducting this study. 32 Sec. 5. NEW SECTION . 466B.55 Conditional implementation. 33 The department is not required to implement this subchapter 34 unless the general assembly appropriates moneys to the 35 -2- LSB 2154YC (4) 91 da/ns 2/ 4

H.F. _____ department for that purpose. 1 Sec. 6. NEW SECTION . 466B.56 Repeal. 2 This subchapter is repealed July 1, 2031. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 GENERAL. This bill amends Code chapter 466B, which includes 7 a number of subchapters that provide programs to improve 8 surface water quality. The bill creates a new subchapter 9 requiring the department of agriculture and land stewardship 10 (DALS) to develop, implement, and administer a commercial 11 fertilizer study (study) conducted by DALS on cropland for four 12 crop years. 13 PURPOSE OF STUDY. DALS must determine what innovations 14 may be practically incorporated as part of crop production 15 practices that reduce the average statewide per-cropland-acre 16 use of commercial nitrogen-based fertilizers containing 17 at least 25 percent total nitrogen. This includes the use 18 of qualifying crop production products that may be used 19 in conjunction with, or an alternative to, a commercial 20 fertilizer. A product must cost-effectively promote optimum 21 plant growth in a manner that best reduces nonpoint sources of 22 water pollution. 23 CONDUCT OF STUDY AND REPORT. DALS may conduct the study or 24 contract with another party to conduct the study. The study 25 must be conducted with the participation of crop producers 26 from around the state who receive compensation at a rate of 27 at least $5 per acre per crop year. DALS must prepare and 28 submit a preliminary and final report to the governor and 29 general assembly regarding its efforts to develop, implement, 30 and administer the study. The preliminary report is due not 31 later than January 15, 2028, and the final report is due not 32 later than January 15, 2031. Certain information regarding 33 the cropland used in conducting the study is confidential, 34 including information that would identify a person holding a 35 -3- LSB 2154YC (4) 91 da/ns 3/ 4

H.F. _____ legal interest in or managing the cropland, and the location of 1 the cropland. 2 CONDITIONAL IMPLEMENTATION. DALS is not required to 3 implement the provisions of the bill unless the general 4 assembly appropriates moneys to DALS for that purpose. 5 REPEAL. The bill’s provisions are repealed July 1, 2031. 6 -4- LSB 2154YC (4) 91 da/ns 4/ 4