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House File 103 - IntroducedA Bill ForAn Act 1creating an agricultural land, soils, water quality, and
2farm tenure initiative committee to conduct a study and make
3recommendations to improve the manner in which farm tenants
4may profitably grow agricultural products using leased
5agricultural land while providing for the sustainability and
6quality of this state’s natural resources.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 466D.1 Sustainable agricultural
2land, soils, water quality, and farm tenure initiative committee
3— study and proposed legislation and associated rules.
41. The secretary of agriculture shall establish a
5sustainable agricultural land, soils, water quality, and farm
6tenure initiative committee in order to study methods and make
7recommendations to improve the manner in which farm tenants
8leasing land may profitably grow agricultural products while
9preserving and enhancing this state’s natural resources. The
10recommendations shall include the imposition of requirements
11for farm tenants and owners of agricultural land to enter into
12written agreements prescribing their mutual obligations that
13provide for soil and water conservation, the restoration of
14soil health, and water quality associated with the leased land.
152. a. In carrying out the study and making recommendations
16as described in subsection 1, the committee shall conduct a
17comprehensive review of all of the following:
18(1) Farm tenancy statutes and court decisions in this state
19and other states that involve the leasing of agricultural land
20used for farming. The committee shall evaluate the impact
21of oral leases, the common law of tenancies, the common law
22doctrine of waste, and the performance of the farm tenant’s
23legal obligations in order to comply with best management
24practices as provided by a lease agreement or statute, and
25procedures for the enforcement of those obligations.
26(2) Federal and state statutes, administrative regulations
27or rules, and court decisions that provide for soil loss limits
28and water quality criteria.
29(3) The establishment and maintenance of land uses and the
30adoption of farming practices that limit sediment, nutrients,
31or other crop production inputs from being conveyed by surface
32water runoff or leaching from point and nonpoint sources.
33b. Academic studies that analyze and evaluate legal and
34environmental matters arising under paragraph “a”.
353. a. The secretary of agriculture, or a person employed
-1-1by the department of agriculture and land stewardship and
2designated by the secretary, shall serve as chairperson of the
3committee.
4b. The secretary of agriculture shall appoint eight members
5to the committee having special knowledge of the subjects
6described in subsection 2 as follows:
7(1) One official or employee associated with the United
8States department of agriculture’s natural resources
9conservation service.
10(2) Six private stakeholders, including all of the
11following:
12(a) Two lessors and two farm tenants associated with row
13crop production.
14(b) Two persons associated with animal agriculture
15regulated under chapter 459 or 459A.
16(3) One private attorney who is a member of the Iowa
17state bar association who represents lessors and lessees of
18agricultural land as a significant part of the attorney’s
19practice.
20c. In addition to the appointments made in paragraph “b”,
21the committee shall include all of the following:
22(1) Three state employees as follows:
23(a) One person appointed by the secretary of agriculture
24who is an employee of the division of soil conservation and
25water quality created within the department pursuant to section
26159.5.
27(b) One person appointed by the director of the department
28of natural resources who is an attorney representing the
29department in contested case proceedings involving water
30quality.
31(c) One person appointed by the president of Iowa state
32university of science and technology associated with the center
33for agriculture and rural development.
34(2) One person appointed by the president of the
35conservation districts of Iowa, who is associated with a soil
-2-1and water conservation district.
2d. (1) The committee shall include experts in agricultural
3issues, including all of the following:
4(a) Persons appointed by the secretary of agriculture who
5are interested experts in agricultural law, including the
6director of the Drake university agricultural law center.
7(b) One person appointed by the president of Iowa state
8university of science and technology associated with the Iowa
9nutrient research center established pursuant to section
10466B.47.
11(2) Persons appointed pursuant to subparagraph (1) shall
12serve on a nonvoting basis.
134. A majority of the voting members shall constitute a
14quorum, and any action taken by the committee must be adopted
15by a majority of the voting membership.
165. The committee shall submit a report to the governor and
17general assembly not later than January 17, 2021.
18a. The report shall include findings and recommendations
19which address measures that provide for the proper
20establishment and maintenance of land uses, and the adoption of
21best management practices, on leased agricultural land. The
22recommended measures shall do all of the following:
23(1) Protect the permanent capacity of this state’s soils to
24sustain plant and animal life, and improve this state’s surface
25water quality.
26(2) Limit sediment, nutrients, or other crop production
27inputs from being conveyed by surface water runoff or leaching
28from point or nonpoint sources.
29b. (1) The report shall include proposed new statutes or
30changes to existing statutes for consideration by the general
31assembly necessary or desirable to implement recommendations in
32the report required by paragraph “a”, including the imposition
33of requirements for farm tenants and owners of agricultural
34land to enter into written agreements prescribing their mutual
35obligations that provide for soil and water conservation, the
-3-1restoration of soil health, and water quality. The report
2shall also include any related proposed new administrative
3rules or changes to existing administrative rules that are
4necessary or desirable to implement such statutes.
5(2) The report shall include any proposed new
6administrative rules or changes to existing administrative
7rules that may be adopted by the department of agriculture and
8land stewardship without changes to statute. In that case, the
9department shall commence the adoption of such rules pursuant
10to chapter 17A.
116. a. A member attending a meeting of the committee is not
12entitled to receive a per diem as specified in section 7E.6.
13b. A member attending a meeting of the committee, who is not
14a federal or state government employee, shall be reimbursed for
15actual expenses incurred in attending the meeting.
167. This section is repealed on July 1, 2021.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20GENERAL. This bill creates an agricultural land, soils,
21water quality, and farm tenure initiative committee.
22The committee is required to conduct a study and make
23recommendations to the governor and general assembly regarding
24farm tenancy and methods for leasing land to profitably grow
25agricultural products while providing for the sustainability
26and quality of this state’s natural resources.
27COMMITTEE’S COMPOSITION. The secretary of agriculture,
28or a person employed by the department and designated by the
29secretary, is to serve as chairperson. The secretary is
30required to appoint a number of committee members, including
31a person associated with the United States department of
32agriculture, agricultural producers, and a private attorney
33familiar with leases of agricultural land. In addition,
34the committee must include an employee of the department
35of agriculture and land stewardship’s division of soil
-4-1conservation and water quality, an attorney employed by the
2department of natural resources, a person associated with the
3center for agriculture and rural development, and a person
4appointed by the president of the conservation districts
5of Iowa. The committee includes interested experts in
6agricultural issues appointed by the secretary of agriculture
7who are experts in agricultural law and a person associated
8with the Iowa nutrient research center appointed by the
9president of Iowa state university of science and technology.
10REPORT. The committee must submit a report to the governor
11and general assembly not later than January 17, 2021. The
12report must include findings and recommendations that address
13measures that provide for the proper establishment and
14maintenance of land uses and the adoption of best management
15practices. The measures must: (1) protect the permanent
16capacity of this state’s soils to sustain plant and animal
17life, and improve this state’s surface water quality; and (2)
18limit sediment, nutrients, or other crop production inputs
19from being conveyed by surface water runoff or leaching from
20point or nonpoint sources. The report must include proposed
21legislation and administrative rules.
22REPEAL. The bill’s provisions are repealed on July 1, 2021.
-5-da/rn
2farm tenure initiative committee to conduct a study and make
3recommendations to improve the manner in which farm tenants
4may profitably grow agricultural products using leased
5agricultural land while providing for the sustainability and
6quality of this state’s natural resources.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 466D.1 Sustainable agricultural
2land, soils, water quality, and farm tenure initiative committee
3— study and proposed legislation and associated rules.
41. The secretary of agriculture shall establish a
5sustainable agricultural land, soils, water quality, and farm
6tenure initiative committee in order to study methods and make
7recommendations to improve the manner in which farm tenants
8leasing land may profitably grow agricultural products while
9preserving and enhancing this state’s natural resources. The
10recommendations shall include the imposition of requirements
11for farm tenants and owners of agricultural land to enter into
12written agreements prescribing their mutual obligations that
13provide for soil and water conservation, the restoration of
14soil health, and water quality associated with the leased land.
152. a. In carrying out the study and making recommendations
16as described in subsection 1, the committee shall conduct a
17comprehensive review of all of the following:
18(1) Farm tenancy statutes and court decisions in this state
19and other states that involve the leasing of agricultural land
20used for farming. The committee shall evaluate the impact
21of oral leases, the common law of tenancies, the common law
22doctrine of waste, and the performance of the farm tenant’s
23legal obligations in order to comply with best management
24practices as provided by a lease agreement or statute, and
25procedures for the enforcement of those obligations.
26(2) Federal and state statutes, administrative regulations
27or rules, and court decisions that provide for soil loss limits
28and water quality criteria.
29(3) The establishment and maintenance of land uses and the
30adoption of farming practices that limit sediment, nutrients,
31or other crop production inputs from being conveyed by surface
32water runoff or leaching from point and nonpoint sources.
33b. Academic studies that analyze and evaluate legal and
34environmental matters arising under paragraph “a”.
353. a. The secretary of agriculture, or a person employed
-1-1by the department of agriculture and land stewardship and
2designated by the secretary, shall serve as chairperson of the
3committee.
4b. The secretary of agriculture shall appoint eight members
5to the committee having special knowledge of the subjects
6described in subsection 2 as follows:
7(1) One official or employee associated with the United
8States department of agriculture’s natural resources
9conservation service.
10(2) Six private stakeholders, including all of the
11following:
12(a) Two lessors and two farm tenants associated with row
13crop production.
14(b) Two persons associated with animal agriculture
15regulated under chapter 459 or 459A.
16(3) One private attorney who is a member of the Iowa
17state bar association who represents lessors and lessees of
18agricultural land as a significant part of the attorney’s
19practice.
20c. In addition to the appointments made in paragraph “b”,
21the committee shall include all of the following:
22(1) Three state employees as follows:
23(a) One person appointed by the secretary of agriculture
24who is an employee of the division of soil conservation and
25water quality created within the department pursuant to section
26159.5.
27(b) One person appointed by the director of the department
28of natural resources who is an attorney representing the
29department in contested case proceedings involving water
30quality.
31(c) One person appointed by the president of Iowa state
32university of science and technology associated with the center
33for agriculture and rural development.
34(2) One person appointed by the president of the
35conservation districts of Iowa, who is associated with a soil
-2-1and water conservation district.
2d. (1) The committee shall include experts in agricultural
3issues, including all of the following:
4(a) Persons appointed by the secretary of agriculture who
5are interested experts in agricultural law, including the
6director of the Drake university agricultural law center.
7(b) One person appointed by the president of Iowa state
8university of science and technology associated with the Iowa
9nutrient research center established pursuant to section
10466B.47.
11(2) Persons appointed pursuant to subparagraph (1) shall
12serve on a nonvoting basis.
134. A majority of the voting members shall constitute a
14quorum, and any action taken by the committee must be adopted
15by a majority of the voting membership.
165. The committee shall submit a report to the governor and
17general assembly not later than January 17, 2021.
18a. The report shall include findings and recommendations
19which address measures that provide for the proper
20establishment and maintenance of land uses, and the adoption of
21best management practices, on leased agricultural land. The
22recommended measures shall do all of the following:
23(1) Protect the permanent capacity of this state’s soils to
24sustain plant and animal life, and improve this state’s surface
25water quality.
26(2) Limit sediment, nutrients, or other crop production
27inputs from being conveyed by surface water runoff or leaching
28from point or nonpoint sources.
29b. (1) The report shall include proposed new statutes or
30changes to existing statutes for consideration by the general
31assembly necessary or desirable to implement recommendations in
32the report required by paragraph “a”, including the imposition
33of requirements for farm tenants and owners of agricultural
34land to enter into written agreements prescribing their mutual
35obligations that provide for soil and water conservation, the
-3-1restoration of soil health, and water quality. The report
2shall also include any related proposed new administrative
3rules or changes to existing administrative rules that are
4necessary or desirable to implement such statutes.
5(2) The report shall include any proposed new
6administrative rules or changes to existing administrative
7rules that may be adopted by the department of agriculture and
8land stewardship without changes to statute. In that case, the
9department shall commence the adoption of such rules pursuant
10to chapter 17A.
116. a. A member attending a meeting of the committee is not
12entitled to receive a per diem as specified in section 7E.6.
13b. A member attending a meeting of the committee, who is not
14a federal or state government employee, shall be reimbursed for
15actual expenses incurred in attending the meeting.
167. This section is repealed on July 1, 2021.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20GENERAL. This bill creates an agricultural land, soils,
21water quality, and farm tenure initiative committee.
22The committee is required to conduct a study and make
23recommendations to the governor and general assembly regarding
24farm tenancy and methods for leasing land to profitably grow
25agricultural products while providing for the sustainability
26and quality of this state’s natural resources.
27COMMITTEE’S COMPOSITION. The secretary of agriculture,
28or a person employed by the department and designated by the
29secretary, is to serve as chairperson. The secretary is
30required to appoint a number of committee members, including
31a person associated with the United States department of
32agriculture, agricultural producers, and a private attorney
33familiar with leases of agricultural land. In addition,
34the committee must include an employee of the department
35of agriculture and land stewardship’s division of soil
-4-1conservation and water quality, an attorney employed by the
2department of natural resources, a person associated with the
3center for agriculture and rural development, and a person
4appointed by the president of the conservation districts
5of Iowa. The committee includes interested experts in
6agricultural issues appointed by the secretary of agriculture
7who are experts in agricultural law and a person associated
8with the Iowa nutrient research center appointed by the
9president of Iowa state university of science and technology.
10REPORT. The committee must submit a report to the governor
11and general assembly not later than January 17, 2021. The
12report must include findings and recommendations that address
13measures that provide for the proper establishment and
14maintenance of land uses and the adoption of best management
15practices. The measures must: (1) protect the permanent
16capacity of this state’s soils to sustain plant and animal
17life, and improve this state’s surface water quality; and (2)
18limit sediment, nutrients, or other crop production inputs
19from being conveyed by surface water runoff or leaching from
20point or nonpoint sources. The report must include proposed
21legislation and administrative rules.
22REPEAL. The bill’s provisions are repealed on July 1, 2021.
-5-da/rn