Bill Text: IA HF2333 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to leases between local governments and persons using land for farming.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2018-02-13 - Introduced, referred to Agriculture. H.J. 258. [HF2333 Detail]
Download: Iowa-2017-HF2333-Introduced.html
House File 2333 - Introduced HOUSE FILE BY ISENHART A BILL FOR 1 An Act relating to leases between local governments and persons 2 using land for farming. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6089YH (4) 87 da/rn PAG LIN 1 1 Section 1. NEW SECTION. 161A.90 Definitions. 1 2 As used in this subchapter, unless the context otherwise 1 3 requires: 1 4 1. "Farming" means the same as defined in section 9H.1. 1 5 2. "Farming practice" includes but is not limited to a 1 6 decision regarding crop production, including crop types and 1 7 varieties to plant, cultivation and harvesting methods, and 1 8 the application of materials including manure and commercial 1 9 fertilizers, tillage, and crop rotation systems. 1 10 3. "Local government" means a county, city, township, school 1 11 district, or any special=purpose district or authority. 1 12 4. "Soil and water conservation practice" means the same as 1 13 defined in section 161A.42. 1 14 5. "Soil health practice" means a practice to provide for 1 15 the continued capacity of soil to permanently sustain plant and 1 16 animal life. 1 17 6. a. "Water quality practice" means a land use change or 1 18 the establishment and maintenance of a measure that limits 1 19 sediment or nutrients from being conveyed by surface water 1 20 runoff or leaching. 1 21 b. "Water quality practice" includes the establishment of 1 22 any of the following: 1 23 (1) A terrace. 1 24 (2) A cover crop that is used as part of crop rotation 1 25 cycle. 1 26 (3) A bioreactor installed as part of or connected to a 1 27 field drainage system. 1 28 (4) A wetland established as part of or connected to a crop 1 29 field. 1 30 (5) A saturated buffer. 1 31 (6) Cropland integrated with a prairie grass strip. 1 32 (7) A riparian buffer strip. 1 33 (8) A grassed waterway. 1 34 (9) An area maintained in permanent vegetation cover, 1 35 including perennial vegetation cover consisting of grasses or 2 1 legumes, including but not limited to grasslands or forages. 2 2 (10) A wetland area if the area is mostly underwater or 2 3 waterlogged during the growing season and is characterized by 2 4 vegetation of hydric soils. 2 5 (11) Any other measure recognized by the division that 2 6 manages nutrients and reduces contributing contaminant loads to 2 7 receiving surface waters, including by detaining sediment=laden 2 8 water, reducing the volume or velocity of precipitation=induced 2 9 surface water, filtering sediment=laden water, or reducing 2 10 nutrient loss through tile drainage systems. 2 11 Sec. 2. NEW SECTION. 161A.91 Restrictions on leases by 2 12 local governments. 2 13 1. A local government that holds a legal or equitable 2 14 interest in agricultural land shall not enter into a lease 2 15 with another person, if the person may use the agricultural 2 16 land for farming, unless the lease is in writing and a farm 2 17 unit agreement is made part of the lease. The parties to 2 18 the agreement shall be the lessee and the soil and water 2 19 conservation commissioners of the district where the land is 2 20 located. 2 21 2. The farm unit agreement shall apply to the same farm unit 2 22 as an applicable farm unit conservation plan or conservation 2 23 agreement. The agreement may be made part of a farm unit 2 24 conservation plan or soil conservation agreement. A farm unit 2 25 agreement may cover one or more farm units as specified in the 2 26 agreement so long as all farm units are located as part of the 2 27 same district. The agreement shall identify those soil and 2 28 water conservation practices, water quality practices, farming 2 29 practices, and soil health practices that best prevent soil 2 30 loss, manage nutrients, reduce contributing contaminant loads 2 31 to receiving surface water, and promote soil health. 2 32 3. The farm unit agreement shall be completed on forms 2 33 prepared by the division in consultation with the Iowa nutrient 2 34 research center established pursuant to section 466B.47. 2 35 4. The commissioners of the district shall assist the 3 1 parties to the lease in developing a farm unit agreement. The 3 2 commissioners shall respond to a request by a local government 3 3 to develop a farm unit agreement within sixty days of receiving 3 4 the request. The lessee shall file the agreement with the 3 5 commissioners subject to their approval. The commissioners 3 6 shall deliver a copy of the agreement to the division. Each 3 7 year, an updated agreement must be approved and filed in the 3 8 same manner as the original agreement. 3 9 5. If a farm unit agreement is not filed as required in this 3 10 section, the lease shall be void in sixty days. 3 11 6. The commissioners shall inspect or cause to be inspected 3 12 land covered by a farm unit agreement if reasonable grounds 3 13 exist to believe that a failure to comply with the agreement 3 14 is occurring. If the commissioners determine a failure is 3 15 occurring, a notice of that finding shall be delivered to the 3 16 parties to the lease. The notice shall describe the land 3 17 affected and shall describe the failure. The notice shall also 3 18 describe the corrective action required and the time limit for 3 19 commencing and accomplishing such action. 3 20 7. If corrective action has not been commenced or 3 21 accomplished as described in the notice, the commissioners 3 22 shall issue an administrative order to the person who filed 3 23 the farm unit agreement. The administrative order shall 3 24 address the same subjects provided in the notice. However, the 3 25 corrective action must be commenced not more than six months 3 26 after the date the order is issued and must be completed not 3 27 more than one year after that date. 3 28 8. a. The commissioners shall petition the district court 3 29 to issue an order requiring immediate compliance with an 3 30 administrative order if the commissioners have determined any 3 31 of the following: 3 32 (1) The corrective action has not been commenced or 3 33 completed by the date specified in the administrative order. 3 34 (2) The corrective action has been commenced but is not 3 35 being performed with due diligence or in a manner that will 4 1 reasonably result in compliance with the administrative order. 4 2 b. The district court may grant injunctive relief necessary 4 3 in order to enforce the terms and conditions of the agreement. 4 4 Alternatively, district court may void the lease. If a lease 4 5 is voided, the local government shall have any remedy available 4 6 to a lessor who brings an action against a lessee for the 4 7 wrongful termination of a lease. 4 8 9. This section shall not apply if the duration of the lease 4 9 is for less than sixty days. However, this section shall apply 4 10 if the local government and the same person enter into multiple 4 11 subsequent leases that involve the same tract of land. 4 12 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 13 3, shall not apply to this Act. 4 14 EXPLANATION 4 15 The inclusion of this explanation does not constitute agreement with 4 16 the explanation's substance by the members of the general assembly. 4 17 This bill requires a farm unit agreement be executed when any 4 18 lease is entered into by a local government and a person who 4 19 may use the leased land for farming purposes. The agreement 4 20 requires the lessee to comply with applicable soil and water 4 21 conservation practices, farming practices, water quality 4 22 practices, and soil health practices during the period of the 4 23 lease. The agreement must be developed in cooperation with 4 24 the commissioners of the soil and water conservation district 4 25 where the land is located who are parties to the agreement. 4 26 The commissioners may conduct inspections to ensure compliance 4 27 with the agreement and take administrative or judicial action 4 28 to enforce its provisions. The bill does not apply to a lease 4 29 that is for less than 60 days unless the local government and 4 30 the same person have entered into multiple subsequent leases 4 31 involving the same land. 4 32 The bill may include a state mandate as defined in Code 4 33 section 25B.3. The bill makes inapplicable Code section 25B.2, 4 34 subsection 3, which would relieve a political subdivision from 4 35 complying with a state mandate if funding for the cost of 5 1 the state mandate is not provided or specified. Therefore, 5 2 political subdivisions are required to comply with any state 5 3 mandate included in the bill. LSB 6089YH (4) 87 da/rn
