HF 522 – Anerobic digesters

HF 522 adds a definition of “anerobic digester system” to Iowa Code. An “anerobic digester system” is a manure storage structure that is covered. It processes manure by employing environmental conditions, including bacteria, to break down organic matter in the absence of oxygen, and is used for producing, collecting and using a biogas. A civil penalty assessed for an air quality violation cannot exceed $10,000. This bill gives authority to expand the animal units of a confined animal feeding operation (CAFO).
[5/17: 38-7 (Excused: Goodwin, Johnson, Nunn, Schultz, Williams)]

SF 356 – Iowa Agricultural Tourism Promotion Act

SF 356 creates a new code chapter, “Iowa Agricultural Tourism Promotion Act.” The bill severely limits the civil liability of a farmer/land owner/farm employee involved in agricultural tourism on a farm. The new law makes significant changes to Iowa’s current “comparative fault” statute; requires notice to be posted; expands the definition of a farm by removing the requirement it be at least 40 contiguous acres of farmland used for farming, including a homestead; expands the definition of edible or ornamental produce, which includes fruits and vegetables; and requires visitors/paying customers to sign a waiver.
[5/5: 31-17, party line (Excused: Hogg, Nunn)]

SF 482 – Pesticides Act of Iowa

SF 482 amends provisions in the “Pesticides Act of Iowa” to include private applicators. Under this law, a public (independent farmer) applicator cannot apply a restricted-use pesticide without being certified by the Iowa Department of Agriculture and Land Stewardship. This action is pro-active to match federal Environmental Protection Agency rules. Penalties of warnings, education and loss of certification are also addressed if abuse occurs.
[3/8: 48-0 (Excused: Nunn, Whiting)]

HF 750 – IDALS departmental bill

SF 170 – Agricultural extension council report deadlines & special elections

SF 265 – Wild golden oyster mushroom sales

SF 519 – Agricultural production facility trespass

SF 555 – Weight limits for implements of husbandry

SF 599 – Creating industrial hemp commodity

 

HF 750 – IDALS departmental bill

HF 750 makes changes within the Iowa Department of Agriculture and Land Stewardship (IDALS) and the Iowa Department of Natural Resources (DNR). Changes include:

• The name of the Weather Bureau is changed to the Climatology Bureau to reflect current practice.
• IDALS rather than DNR may award demonstration grants to those who purchase motor vehicles that use alternative fuels. DNR has not issued a grant in the past 10 years.
• Eliminating a provision authorizing IDALS and DNR to create one or more watershed demonstration projects.
• Authorizing IDALS to use money from the Agriculture Management Account of the Groundwater Protection Fund to support programs, projects and activities to improve surface or ground water.
  [4/23: 49-0 (Absent: Petersen)]

 

SF 170 – Agricultural extension council report deadlines & special elections

SF 170 moves the deadline for county agricultural extension councils to submit annual financial reports from August 1 to September 1. The bill also changes special elections to fill a vacancy on the county agricultural extension council to the next general election.
[3/28: 48-0 (Absent: Breitbach, Nunn)]

 

SF 265 – Wild golden oyster mushroom sales

SF 265 allows the sale of wild golden oyster mushrooms at farmers markets under authority of the Iowa Department of Inspections and Appeals.
[2/20:48-0 (Absent: Miller-Meeks; Vacant: Danielson)]

 

SF 519 – Agricultural production facility trespass

SF 519 creates a criminal offense of “agricultural production facility trespass” for a person who, through an act of deception:

1. Obtains access to an agricultural production facility that is not open to the public, with the intent to cause physical or economic harm.
2. Obtains employment at an agricultural production facility with the intent to cause physical or economic harm.

A person who commits agricultural production facility trespass is guilty of a serious misdemeanor for the first offense and an aggravated misdemeanor for a second or subsequent offense. A person who conspires with another to commit agricultural production facility trespass is guilty of a serious misdemeanor for the first offense and an aggravated misdemeanor for a second or subsequent offense. The bill is effective upon enactment.

In 2012, the new crime of “agricultural production facility fraud” was created by the Legislature after several industrial farm investigations brought national attention to Iowa’s agricultural industry. Lawmakers described the bill—commonly known as the “ag gag” law—as responsive to two primary concerns of the agricultural industry: facility security (biosecurity/security of private property) and harms that accompany investigative reporting.

The 2012 law outlaws (a) obtaining access to an agricultural production facility by false pretenses, and (b) making a false statement or representation as part of a job application at such facility, if the person knows the statement to be false, and making the statement with intent to commit an act not authorized by the owner of the facility, knowing the action is not authorized. A collection of groups, including the ACLU, challenged the 2012 law in court. A January 2019 ruling by a federal judge  overturned the 2012 law.
[3/12: 41-8 (No: Bolkcom, Celsi, Hogg, Jochum, Lykam, Mathis, Petersen, Quirmbach; Vacant: Danielson)]

 

SF 555 – Weight limits for implements of husbandry

SF 555 increases the weight limit to 25,000 pounds for self-propelled implements of husbandry on roads and bridges. This mirrors weight limits for other agricultural equipment.
[3/20: 49-0 (Vacant: Danielson)]

 

SF 599 – Creating industrial hemp commodity

SF 599 creates an industrial hemp commodity within the Iowa Department of Agriculture and Land Stewardship. The Department will oversee production, regulation and enforcement of industrial hemp, along with establishing fees. The department must conduct an annual inspection of crop sites to ensure hemp tests register less than 0.3% THC.
[4/24: 49-1 (No: Whiting)]

All bills passed by the Legislature and sent to the Governor for her signature during the 2018 session. 

HF 2281 – Fish confinement feeding operations
HF 2422 – Noxious weed update bill
HF 2407 – Lake pesticides
HF 2408 – Sale of eggs by grocery stores 

 

HF 2281 amends the animal agriculture compliance act to assign an equivalency factor of .00006 to fish weighing less than 25 grams. Fish weighing more than 25 grams retain assignment of .001.

 

HF 2407 creates a new civil penalty for applying pesticides in natural lakes without a license.

 

HF 2408 codifies the Women, Infants & Children (WIC) benefit that grocery stores maintain a sufficient inventory of conventional eggs.

 

HF 2422 allows the Iowa Department of Agriculture and Land Stewardship to add a weed to the list of noxious weeds without legislative approval. The bill also creates a state weed commissioner.

The following bills were passed by the Legislature and signed into law by the Governor.

HF 410 – Classifying Palmer Amaranth as a primary noxious weed
HF 440 – County Agriculture Extension publications
HF 469 – Soil and water commissioner elections
SF 447 – Nuisance protection for animal feeding operations
SF 357 – Electrical licensing
SF 362 – County fairs and State Fair not liable for damages from animal pathogens

 

HF 410 classifies Palmer Amaranth as a primary noxious weed.
[4/5: 50-0]

 

HF 440 provides an additional month to file and publish county Agriculture Extension reports, and allows members to lobby all elected officials.
[4/6: 49-0 (Bertrand excused)]

 

HF 469 allows two out of five soil and water commissioners to reside in the same township.
[4/6: 49-0 (Bertrand excused)]

 

SF 447 establishes a new section in the Iowa Code, 657.11A, to provide nuisance protection for animal feeding operations (defined in Iowa Code Chapter 459), which includes confinement feeding and open feedlot operations. A habitual violator of Iowa environmental law (Chapter 459) does not qualify for nuisance protection.

Nuisance protection encourages producers to “adopt existing prudent and generally utilized management practices” for animal feeding operations. Nuisance lawsuits under the new section are presumed to be permanent nuisances (meaning successive lawsuits cannot be filed for the same alleged nuisance), and compensatory damages awarded by a judge or jury cannot exceed:

• Any decrease in the fair market value of the property (residence, etc.).
• Any compensatory medical damages, if the nuisance is the proximate cause of an adverse medical condition.
• Any special damages (annoyance and loss of comfortable use and enjoyment of property), which are limited to no more than 1.5 times the decrease in fair market value of the property plus medical damages.

A producer qualifies for nuisance protection unless the person suing can prove that the producer did not comply with state and federal law or did not use existing management practices considered reasonable for the operation.
[3/14: 31-18 (party-line with Bowman, Kinney voting “yes”; Horn excused)]

 

SF 357 puts into Iowa Code the Department of Public Safety’s special order of June 2012 by creating a definition for commercial electrical installation that does not include farm or industrial installation.
[3/6: 36-14]

 

SF 362 exempts district and county fairs and the Iowa State Fair from damages and liability sought by a person (spectators and participants) alleging injury or death by a pathogen transmitted from an animal, if signs are posted.
[3/8: 48-0 (Bisignano “no”; Chelgren excused)]