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House File 457 - 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. 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:
18a. 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.
26b. Federal and state statutes, administrative regulations or
27rules, and court decisions that provide for soil loss limits
28and water quality criteria.
29c. 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.
33d. Academic studies that analyze and evaluate legal and
34environmental matters arising under paragraphs “a”, “b”, and
35“c”.
-1- 13. a. The secretary of agriculture, or a person employed
2by the department of agriculture and land stewardship and
3designated by the secretary, shall serve as chairperson of the
4committee.
5b. The secretary of agriculture shall appoint eight members
6to the committee having special knowledge of the subjects
7described in subsection 2 as follows:
8(1) One official or employee associated with the United
9States department of agriculture’s natural resources
10conservation service.
11(2) Six private stakeholders, including all of the
12following:
13(a) Two lessors and two farm tenants associated with row
14crop production.
15(b) Two persons associated with animal agriculture
16regulated under chapter 459 or 459A.
17(3) One private attorney who is a member of the Iowa
18state bar association who represents lessors and lessees of
19agricultural land as a significant part of the attorney’s
20practice.
21c. In addition to the appointments made in paragraph “b”,
22the committee shall include all of the following:
23(1) Three state employees as follows:
24(a) One person appointed by the secretary of agriculture
25who is an employee of the division of soil conservation and
26water quality created within the department pursuant to section
27159.5.
28(b) One person appointed by the director of the department
29of natural resources who is an attorney representing the
30department in contested case proceedings involving water
31quality.
32(c) One person appointed by the president of Iowa state
33university of science and technology associated with the center
34for agriculture and rural development.
35(2) One person appointed by the president of the
-2-1conservation districts of Iowa, who is associated with a soil
2and water conservation district.
3d. (1) The committee shall include experts in agricultural
4issues, including all of the following:
5(a) Persons appointed by the secretary of agriculture who
6are interested experts in agricultural law, including the
7director of the Drake university agricultural law center.
8(b) One person appointed by the president of Iowa state
9university of science and technology associated with the Iowa
10nutrient research center established pursuant to section
11466B.47.
12(2) Persons appointed pursuant to subparagraph (1) shall
13serve on a nonvoting basis.
144. A majority of the voting members shall constitute a
15quorum, and any action taken by the committee must be adopted
16by a majority of the voting membership.
175. The committee shall submit a report to the governor and
18general assembly not later than January 17, 2024.
19a. The report shall include findings and recommendations
20which address measures that provide for the proper
21establishment and maintenance of land uses, and the adoption of
22best management practices, on leased agricultural land. The
23recommended measures shall do all of the following:
24(1) Protect the permanent capacity of this state’s soils to
25sustain plant and animal life, and improve this state’s surface
26water quality.
27(2) Limit sediment, nutrients, or other crop production
28inputs from being conveyed by surface water runoff or leaching
29from point or nonpoint sources.
30b. (1) The report shall include proposed new statutes or
31changes to existing statutes for consideration by the general
32assembly necessary or desirable to implement recommendations in
33the report required by paragraph “a”, including the imposition
34of requirements for farm tenants and owners of agricultural
35land to enter into written agreements prescribing their mutual
-3-1obligations that provide for soil and water conservation, the
2restoration of soil health, and water quality. The report
3shall also include any related proposed new administrative
4rules or changes to existing administrative rules that are
5necessary or desirable to implement such statutes.
6(2) The report shall include any proposed new
7administrative rules or changes to existing administrative
8rules that may be adopted by the department of agriculture and
9land stewardship without changes to statute. In that case, the
10department shall commence the adoption of such rules pursuant
11to chapter 17A.
126. a. A member attending a meeting of the committee is not
13entitled to receive a per diem as specified in section 7E.6.
14b. A member attending a meeting of the committee, who is not
15a federal or state government employee, shall be reimbursed for
16actual expenses incurred in attending the meeting.
177. This section is repealed on July 1, 2024.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21GENERAL. This bill creates an agricultural land, soils,
22water quality, and farm tenure initiative committee.
23The committee is required to conduct a study and make
24recommendations to the governor and general assembly regarding
25farm tenancy and methods for leasing land to profitably grow
26agricultural products while providing for the sustainability
27and quality of this state’s natural resources.
28COMMITTEE’S COMPOSITION. The secretary of agriculture,
29or a person employed by the department and designated by the
30secretary, is to serve as chairperson. The secretary is
31required to appoint a number of committee members, including
32a person associated with the United States department of
33agriculture, agricultural producers, and a private attorney
34familiar with leases of agricultural land. In addition,
35the committee must include an employee of the department
-4-1of agriculture and land stewardship’s division of soil
2conservation and water quality, an attorney employed by the
3department of natural resources, a person associated with the
4center for agriculture and rural development, and a person
5appointed by the president of the conservation districts
6of Iowa. The committee includes interested experts in
7agricultural issues appointed by the secretary of agriculture
8who are experts in agricultural law and a person associated
9with the Iowa nutrient research center appointed by the
10president of Iowa state university of science and technology.
11REPORT. The committee must submit a report to the governor
12and general assembly not later than January 17, 2024. The
13report must include findings and recommendations that address
14measures that provide for the proper establishment and
15maintenance of land uses and the adoption of best management
16practices. The measures must: (1) protect the permanent
17capacity of this state’s soils to sustain plant and animal
18life, and improve this state’s surface water quality; and (2)
19limit sediment, nutrients, or other crop production inputs
20from being conveyed by surface water runoff or leaching from
21point or nonpoint sources. The report must include proposed
22legislation and administrative rules.
23REPEAL. The bill’s provisions are repealed on July 1, 2024.
-5-da/ns
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. 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:
18a. 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.
26b. Federal and state statutes, administrative regulations or
27rules, and court decisions that provide for soil loss limits
28and water quality criteria.
29c. 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.
33d. Academic studies that analyze and evaluate legal and
34environmental matters arising under paragraphs “a”, “b”, and
35“c”.
-1- 13. a. The secretary of agriculture, or a person employed
2by the department of agriculture and land stewardship and
3designated by the secretary, shall serve as chairperson of the
4committee.
5b. The secretary of agriculture shall appoint eight members
6to the committee having special knowledge of the subjects
7described in subsection 2 as follows:
8(1) One official or employee associated with the United
9States department of agriculture’s natural resources
10conservation service.
11(2) Six private stakeholders, including all of the
12following:
13(a) Two lessors and two farm tenants associated with row
14crop production.
15(b) Two persons associated with animal agriculture
16regulated under chapter 459 or 459A.
17(3) One private attorney who is a member of the Iowa
18state bar association who represents lessors and lessees of
19agricultural land as a significant part of the attorney’s
20practice.
21c. In addition to the appointments made in paragraph “b”,
22the committee shall include all of the following:
23(1) Three state employees as follows:
24(a) One person appointed by the secretary of agriculture
25who is an employee of the division of soil conservation and
26water quality created within the department pursuant to section
27159.5.
28(b) One person appointed by the director of the department
29of natural resources who is an attorney representing the
30department in contested case proceedings involving water
31quality.
32(c) One person appointed by the president of Iowa state
33university of science and technology associated with the center
34for agriculture and rural development.
35(2) One person appointed by the president of the
-2-1conservation districts of Iowa, who is associated with a soil
2and water conservation district.
3d. (1) The committee shall include experts in agricultural
4issues, including all of the following:
5(a) Persons appointed by the secretary of agriculture who
6are interested experts in agricultural law, including the
7director of the Drake university agricultural law center.
8(b) One person appointed by the president of Iowa state
9university of science and technology associated with the Iowa
10nutrient research center established pursuant to section
11466B.47.
12(2) Persons appointed pursuant to subparagraph (1) shall
13serve on a nonvoting basis.
144. A majority of the voting members shall constitute a
15quorum, and any action taken by the committee must be adopted
16by a majority of the voting membership.
175. The committee shall submit a report to the governor and
18general assembly not later than January 17, 2024.
19a. The report shall include findings and recommendations
20which address measures that provide for the proper
21establishment and maintenance of land uses, and the adoption of
22best management practices, on leased agricultural land. The
23recommended measures shall do all of the following:
24(1) Protect the permanent capacity of this state’s soils to
25sustain plant and animal life, and improve this state’s surface
26water quality.
27(2) Limit sediment, nutrients, or other crop production
28inputs from being conveyed by surface water runoff or leaching
29from point or nonpoint sources.
30b. (1) The report shall include proposed new statutes or
31changes to existing statutes for consideration by the general
32assembly necessary or desirable to implement recommendations in
33the report required by paragraph “a”, including the imposition
34of requirements for farm tenants and owners of agricultural
35land to enter into written agreements prescribing their mutual
-3-1obligations that provide for soil and water conservation, the
2restoration of soil health, and water quality. The report
3shall also include any related proposed new administrative
4rules or changes to existing administrative rules that are
5necessary or desirable to implement such statutes.
6(2) The report shall include any proposed new
7administrative rules or changes to existing administrative
8rules that may be adopted by the department of agriculture and
9land stewardship without changes to statute. In that case, the
10department shall commence the adoption of such rules pursuant
11to chapter 17A.
126. a. A member attending a meeting of the committee is not
13entitled to receive a per diem as specified in section 7E.6.
14b. A member attending a meeting of the committee, who is not
15a federal or state government employee, shall be reimbursed for
16actual expenses incurred in attending the meeting.
177. This section is repealed on July 1, 2024.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21GENERAL. This bill creates an agricultural land, soils,
22water quality, and farm tenure initiative committee.
23The committee is required to conduct a study and make
24recommendations to the governor and general assembly regarding
25farm tenancy and methods for leasing land to profitably grow
26agricultural products while providing for the sustainability
27and quality of this state’s natural resources.
28COMMITTEE’S COMPOSITION. The secretary of agriculture,
29or a person employed by the department and designated by the
30secretary, is to serve as chairperson. The secretary is
31required to appoint a number of committee members, including
32a person associated with the United States department of
33agriculture, agricultural producers, and a private attorney
34familiar with leases of agricultural land. In addition,
35the committee must include an employee of the department
-4-1of agriculture and land stewardship’s division of soil
2conservation and water quality, an attorney employed by the
3department of natural resources, a person associated with the
4center for agriculture and rural development, and a person
5appointed by the president of the conservation districts
6of Iowa. The committee includes interested experts in
7agricultural issues appointed by the secretary of agriculture
8who are experts in agricultural law and a person associated
9with the Iowa nutrient research center appointed by the
10president of Iowa state university of science and technology.
11REPORT. The committee must submit a report to the governor
12and general assembly not later than January 17, 2024. The
13report must include findings and recommendations that address
14measures that provide for the proper establishment and
15maintenance of land uses and the adoption of best management
16practices. The measures must: (1) protect the permanent
17capacity of this state’s soils to sustain plant and animal
18life, and improve this state’s surface water quality; and (2)
19limit sediment, nutrients, or other crop production inputs
20from being conveyed by surface water runoff or leaching from
21point or nonpoint sources. The report must include proposed
22legislation and administrative rules.
23REPEAL. The bill’s provisions are repealed on July 1, 2024.
-5-da/ns