Bill Text: IA HF575 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act providing for the department of agriculture and land stewardship's administration of certain functions, including by eliminating past dates relating to a determination of Iowa-foaled horse and to the rehabilitation and conservation of land affected by coal mining, providing for payment by the department for the examination of certain articles, allowing the department to adopt by reference certain federal publications affecting milk and milk products, modifying the definition of biobutanol, eliminating departmental duties and fees relating to weights and measures, providing for purchased-grain fees paid into the Iowa grain indemnity fund, and changing the name of the division of soil and water conservation and the name of its appointed administrative official. (Formerly HSB 209) (See Cmte. Bill HF 634)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-04-21 - Withdrawn. H.J. 888. [HF575 Detail]

Download: Iowa-2015-HF575-Introduced.html

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House File 575 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON
                                     AGRICULTURE

                                 (SUCCESSOR TO HSB 209)

                                      A BILL FOR

  1 An Act providing for the department of agriculture and land
  2    stewardship's administration of certain functions, including
  3    by eliminating past dates relating to a determination of
  4    Iowa=foaled horse and to the rehabilitation and conservation
  5    of land affected by coal mining, providing for payment by
  6    the department for the examination of certain articles,
  7    allowing the department to adopt by reference certain
  8    federal publications affecting milk and milk products,
  9    modifying the definition of biobutanol, eliminating
 10    departmental duties and fees relating to weights and
 11    measures, providing for purchased=grain fees paid into the
 12    Iowa grain indemnity fund, and changing the name of the
 13    division of soil and water conservation and the name of its
 14    appointed administrative official.
 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1324HV (1) 86
    da/sc

PAG LIN



  1  1                           DIVISION I
  1  2                      REGULATORY PROVISIONS
  1  3    Section 1.  Section 99D.22, subsection 2, paragraph a, Code
  1  4 2015, is amended to read as follows:
  1  5    a.  All thoroughbred horses, quarter horses, or standardbred
  1  6 horses foaled in Iowa prior to January 1, 1985, which are
  1  7 registered by the jockey club, American quarter horse
  1  8 association, or United States trotting association as Iowa
  1  9 foaled shall be considered to be Iowa foaled.
  1 10    Sec. 2.  Section 99D.22, subsection 2, paragraph b,
  1 11 unnumbered paragraph 1, Code 2015, is amended to read as
  1 12 follows:
  1 13    After January 1, 1985, eligibility Eligibility for brood
  1 14 mare residence shall be achieved by meeting at least one of the
  1 15 following rules:
  1 16    Sec. 3.  Section 189.6, Code 2015, is amended to read as
  1 17 follows:
  1 18    189.6  Taking of samples.
  1 19    The department may, without the consent of the owner,
  1 20 examine or open any package containing, or believed to contain,
  1 21 any article or product which it suspects may be prepared,
  1 22 manufactured, offered, or exposed for sale, sold, or held in
  1 23 possession in violation of the provisions of this subtitle, in
  1 24 order to secure a sample for analysis or examination, and the
  1 25 sample and damage to container shall be paid for at the current
  1 26 market price out of the contingent fund of by the department.
  1 27    Sec. 4.  Section 192.101A, Code 2015, is amended by adding
  1 28 the following new subsection:
  1 29    NEW SUBSECTION.  1A.  "Federal publication" means a
  1 30 publication produced by the United States department of health
  1 31 and human services including the United States public health
  1 32 service and United States food and drug administration.
  1 33    Sec. 5.  Section 192.102, Code 2015, is amended to read as
  1 34 follows:
  1 35    192.102  Grade "A" pasteurized milk ordinance.
  2  1 The department shall adopt, by rule, rules incorporating or
  2  2 incorporating by reference the federal publication entitled
  2  3  "Grade 'A' Pasteurized Milk Ordinance, 2005 Revision",
  2  4 including a subsequent revision of the ordinance Ordinance".
  2  5 If the ordinance specifies that compliance with a provision of
  2  6 the ordinance's appendices is mandatory, the department shall
  2  7 also adopt that provision. The department shall not amend the
  2  8 ordinance, unless the department explains each amendment and
  2  9 reasons for the amendment in the Iowa administrative bulletin
  2 10 when the rules are required to be published pursuant to chapter
  2 11 17A.  The department shall administer this chapter consistent
  2 12 with the provisions of the ordinance.
  2 13    Sec. 6.  Section 192.110, subsection 1, Code 2015, is amended
  2 14 to read as follows:
  2 15    1.  The person has a pasteurized milk and milk products
  2 16 sanitation compliance rating of ninety percent or more as
  2 17 calculated according to the rating system as contained in
  2 18 rules adopted by the department incorporating or incorporating
  2 19 by reference the federal public health service publications,
  2 20  entitled "Procedures Governing the Cooperative State=Public
  2 21 Health Service/Food and Drug Administration Program for
  2 22 Certification of Interstate Milk Shippers 2003" Shipments"
  2 23  and "Method "Methods of Making Sanitation Ratings of Milk
  2 24 Supplies, 2003 Revision" Shippers". The applicable provisions
  2 25 of these publications are incorporated into this section by
  2 26 this reference. A copy of each publication shall be on file
  2 27 with the department or in the office of the person subject to
  2 28 an inspection contract as provided in section 192.108.
  2 29    Sec. 7.  Section 192.111, subsection 3, paragraph b, Code
  2 30 2015, is amended by striking the paragraph.
  2 31    Sec. 8.  Section 192.118, Code 2015, is amended to read as
  2 32 follows:
  2 33    192.118  Certified laboratories.
  2 34    1.  To insure uniformity in the tests and reporting, an
  2 35 employee certified by the United States public health service
  3  1 of the bacteriological laboratory of the department shall
  3  2 annually certify, in accordance with the United States food
  3  3 and drug administration rules adopted by the department
  3  4 incorporating or incorporating by reference the federal
  3  5  publication entitled "Evaluation of Milk Laboratories" (1995
  3  6 revision), all laboratories doing work in the sanitary quality
  3  7 of milk and dairy products for public report. The approval
  3  8 by the department shall be based on the evaluation of these
  3  9 laboratories as to personnel training, laboratory methods
  3 10 used, and reporting. The results on tests made by approved
  3 11 laboratories shall be reported to the department on request,
  3 12 on forms prescribed by the secretary of agriculture, and such
  3 13 reports may be used by the department.
  3 14    2.  The department shall annually certify, in accordance
  3 15 with rules adopted by the department incorporating or
  3 16 incorporating by reference the United States food and drug
  3 17 administration federal publication entitled "Evaluation of
  3 18 Milk Laboratories" (1995 revision), every laboratory in the
  3 19 state doing work in the sanitary quality of milk and dairy
  3 20 products for public report. The certifying officer may enter
  3 21 any such place at any reasonable hour to make the survey.
  3 22 The management of the laboratory shall afford free access to
  3 23 every part of the premises and render all aid and assistance
  3 24 necessary to enable the certifying officer to make a thorough
  3 25 and complete examination.
  3 26    Sec. 9.  Section 199.3, subsection 6, Code 2015, is amended
  3 27 to read as follows:
  3 28    6.  Seed sold on or from the farm, which is exempt from
  3 29 the permit requirements by section 199.15, shall be labeled
  3 30 on the basis of tests performed by the Iowa state university
  3 31 of science and technology seed testing laboratory, department
  3 32 of agriculture and land stewardship seed laboratory, or
  3 33 a commercial seed laboratory personally supervised by a
  3 34 registered seed technologist. Tests for labeling shall be as
  3 35 provided in section 199.10.
  4  1    Sec. 10.  Section 199.10, subsection 2, unnumbered paragraph
  4  2 1, Code 2015, is amended to read as follows:
  4  3    Charges for seed testing by the Iowa state university or
  4  4 department of agriculture and land stewardship seed testing
  4  5  laboratory shall be determined by the Iowa state university
  4  6  laboratory. Separate fee schedules shall be published for:
  4  7    Sec. 11.  Section 199.10, subsection 3, paragraph a, Code
  4  8 2015, is amended to read as follows:
  4  9    a.  Integrate seed testing so as to avoid unnecessary
  4 10 duplication of personnel and equipment. The department of
  4 11 agriculture and land stewardship seed laboratory shall be
  4 12 primarily concerned with seed testing for seed law enforcement
  4 13 purposes. The Iowa state university seed testing laboratory
  4 14 shall promote seed education and research and shall conduct
  4 15 service testing for farmers and seed dealers.
  4 16    Sec. 12.  Section 203D.1, subsection 14, Code 2015, is
  4 17 amended to read as follows:
  4 18    14.  a.  "Purchased grain" means grain which is entered
  4 19 in the company=owned paid position as evidenced on the grain
  4 20 dealer's daily position record.
  4 21    b.  "Purchased grain" does not include grain that is subject
  4 22 to an exempt transaction based on documentation satisfactory
  4 23 to the department showing that the grain dealer did any of the
  4 24 following:
  4 25    (1)  Purchased the grain from the United States government or
  4 26 any of its subdivisions or agencies.
  4 27    (2)  Purchased the grain from a person licensed as a grain
  4 28 dealer in any jurisdiction.
  4 29    (3)  Purchased the grain under a credit=sale contract.
  4 30    (4)  Entered the grain in the company=owned paid position as
  4 31 a cancellation of a collateral warehouse receipt.
  4 32    (5)  Entered the grain in the company=owned paid position as
  4 33 an intra=company location transfer.
  4 34    Sec. 13.  Section 203D.3A, subsection 2, paragraph a, Code
  4 35 2015, is amended to read as follows:
  5  1    a.  A per=bushel fee shall be assessed on all purchased
  5  2 grain. However, if the grain dealer provides documentation
  5  3 regarding the transaction satisfactory to the department, the
  5  4 following transactions shall be excluded from the per=bushel
  5  5 fee:
  5  6    (1)  Grain purchased from the United States government or any
  5  7 of its subdivisions or agencies.
  5  8    (2)  Grain purchased from a person licensed as a grain dealer
  5  9 in any jurisdiction.
  5 10    (3)  Grain purchased under a credit=sale contract.
  5 11    Sec. 14.  Section 203D.5, subsection 2, paragraph a,
  5 12 subparagraph (1), Code 2015, is amended to read as follows:
  5 13    (1)  For a licensed grain dealer, not more than fourteen
  5 14 thousandths of a cent per bushel assessed on all purchased
  5 15 grain entered in the company=owned paid position during the
  5 16 grain dealer's last fiscal year at each location at which
  5 17 records are maintained for transactions of the grain dealer,
  5 18 as determined according to information submitted by the grain
  5 19 dealer to the department for the issuance or renewal of a
  5 20 license as provided in section 203.5.
  5 21    Sec. 15.  Section 203D.5, subsection 4, unnumbered paragraph
  5 22 1, Code 2015, is amended to read as follows:
  5 23    If, at the end of any three=month period, on the last date of
  5 24 the fund's fiscal year as provided in section 203D.3 the assets
  5 25 of the fund exceed eight million dollars, less any encumbered
  5 26 balances or pending or unsettled claims, all of the following
  5 27 apply:
  5 28    Sec. 16.  Section 206.32, subsection 1, Code 2015, is amended
  5 29 to read as follows:
  5 30    1.  A person shall not offer for sale, sell, purchase, apply,
  5 31 or use chlordane in this state, on or after January 1, 1989.
  5 32    Sec. 17.  Section 207.1, subsection 1, Code 2015, is amended
  5 33 to read as follows:
  5 34    1.  It is the policy of this state to provide for the
  5 35 rehabilitation and conservation of land affected by coal mining
  6  1 and preserve natural resources, protect and perpetuate the
  6  2 taxable value of property, and protect and promote the health,
  6  3 and safety, and general welfare of the people of this state.
  6  4    Sec. 18.  Section 207.21, subsection 3, paragraphs a and b,
  6  5 Code 2015, are amended to read as follows:
  6  6    a.  The protection of public health, safety, general welfare,
  6  7  and property from extreme danger of adverse effects of coal
  6  8 mining practices.
  6  9    b.  The protection of public health, and safety, and general
  6 10 welfare from adverse effects of coal mining practices.
  6 11    Sec. 19.  Section 207.23, subsection 1, Code 2015, is amended
  6 12 to read as follows:
  6 13    1.  Within six months after the completion of a project to
  6 14 restore, reclaim, abate, control, or prevent adverse effects
  6 15 of past coal mining practices on privately owned land, the
  6 16 division shall itemize the money expended on the project
  6 17 and may file a lien statement in the office of the district
  6 18 court clerk of each county in which a portion of the property
  6 19 affected by the project is located, together with a notarized
  6 20 appraisal by an independent appraiser of the value of the land
  6 21 before the restoration, reclamation, abatement, control, or
  6 22 prevention of adverse effects of past mining practices if the
  6 23 money so expended results in a significant increase in property
  6 24 value. A copy of the lien statement and the appraisal, if
  6 25 required, shall be served upon affected property owners in the
  6 26 manner provided for service of an original notice. The lien
  6 27 shall not exceed the amount determined by the appraiser to be
  6 28 the increase in the market value of the land as a result of the
  6 29 restoration, reclamation, abatement, control, or prevention
  6 30 of adverse effects of past coal mining practices. A lien
  6 31 shall not be filed in accordance with this subsection against
  6 32 the property of a person who owned the surface prior to May
  6 33 2, 1977, and who neither consented to, participated in, nor
  6 34 exercised control over the mining operation which necessitated
  6 35 the reclamation performed.
  7  1    Sec. 20.  Section 214A.1, subsection 3, Code 2015, is amended
  7  2 to read as follows:
  7  3    3.  "Biobutanol" means isobutyl or n=butyl alcohol that is
  7  4 to be blended with gasoline if it meets the standards provided
  7  5 in section 214A.2.
  7  6    Sec. 21.  Section 214A.2, subsection 3, paragraph c,
  7  7 subparagraph (1), Code 2015, is amended to read as follows:
  7  8    (1)  Biobutanol must be an agriculturally derived isobutyl
  7  9 or n=butyl alcohol that meets A.S.T.M. international
  7 10 specification D7862 for butanol for blending with gasoline for
  7 11 use as automotive spark=ignition engine fuel, or a successor
  7 12 A.S.T.M. international specification, as established by rules
  7 13 adopted by the department.
  7 14    Sec. 22.  Section 215.17, subsection 1, Code 2015, is amended
  7 15 to read as follows:
  7 16    1.  A person engaged in scale repair work for hire shall
  7 17 use only test weights sealed by a laboratory approved by the
  7 18 department in determining the effectiveness of repair work and
  7 19 the test weights shall be sealed as to their accuracy once each
  7 20 year. However, a person shall not claim to be an official
  7 21 scale inspector and shall not use the test weights except to
  7 22 determine the accuracy of scale repair work done by the person
  7 23 and the person shall not be entitled to a fee for their use. A
  7 24 fee shall be charged and collected at time of inspection for
  7 25 the inspection of such weights as follows:
  7 26 All weights up to and including 25
  7 27 pounds$   1.10 each
  7 28  Over 25 pounds capacity,
  7 29 up to and including 50 pounds    2.25 each
  7 30  Over 50 pounds capacity, up to and
  7 31 including 100 pounds    3.00 each
  7 32  Over 100 pounds capacity, up to
  7 33 and including 500 pounds    4.50 each
  7 34  Over 500 pounds capacity, up to
  7 35 and including 1,000 pounds    7.50 each
  8  1    Sec. 23.  Section 215.17, subsection 2, Code 2015, is amended
  8  2 by striking the subsection.
  8  3                           DIVISION II
  8  4               SOIL CONSERVATION AND WATER QUALITY
  8  5    Sec. 24.  Section 159.5, subsection 12, Code 2015, is amended
  8  6 to read as follows:
  8  7    12.  Establish Create and maintain a division of soil
  8  8 conservation and water quality as provided in chapter 161A.
  8  9  The division administrator division's director shall be
  8 10 appointed by the secretary from a list of names of persons
  8 11 recommended by the soil conservation committee, pursuant to
  8 12 section 161A.4, subsection 6, paragraph "c", and shall serve
  8 13 at the pleasure of the secretary.  The director shall be the
  8 14 administrator responsible for carrying out the provisions of
  8 15 chapters 207 and 208.
  8 16    Sec. 25.  Section 159.18, subsection 1, Code 2015, is amended
  8 17 to read as follows:
  8 18    1.  As used in this section, "farm programs" includes but
  8 19 is not limited to financial incentive programs established
  8 20 within the department's division of soil conservation of the
  8 21 department of agriculture and land stewardship and water
  8 22 quality as provided in section 161A.70 and the beginning farmer
  8 23 loan program administered by the Iowa finance authority as
  8 24 provided in section 16.75 chapter 16.
  8 25    Sec. 26.  Section 161A.3, subsection 7, Code 2015, is amended
  8 26 to read as follows:
  8 27    7.  "Division" means the division of soil conservation and
  8 28 water quality created within the department pursuant to section
  8 29 159.5.
  8 30    Sec. 27.  Section 161A.4, subsection 1, Code 2015, is amended
  8 31 to read as follows:
  8 32    1.  The soil conservation division is established of soil
  8 33 conservation and water quality created within the department to
  8 34  pursuant to section 159.5 shall perform the functions conferred
  8 35 upon it in this chapter and chapters 161C, 161E, 161F, 207, and
  9  1 208. The division shall be administered in accordance with the
  9  2 policies of the state soil conservation committee, which shall
  9  3 advise the division and which shall approve administrative
  9  4 rules proposed by the division for the administration of this
  9  5 chapter and chapters 161C, 161E, 161F, 207, and 208 before the
  9  6 rules are adopted pursuant to section 17A.5. If a difference
  9  7 exists between the committee and secretary regarding the
  9  8 content of a proposed rule, the secretary shall notify the
  9  9 chairperson of the committee of the difference within thirty
  9 10 days from the committee's action on the rule. The secretary
  9 11 and the committee shall meet to resolve the difference within
  9 12 thirty days after the secretary provides the committee with
  9 13 notice of the difference.
  9 14    Sec. 28.  Section 161A.4, subsection 2, unnumbered paragraph
  9 15 1, Code 2015, is amended to read as follows:
  9 16    In addition to other duties and powers conferred upon the
  9 17 division of soil conservation and water quality, the division
  9 18 has the following duties and powers:
  9 19    Sec. 29.  Section 161A.4, subsection 6, paragraph c, Code
  9 20 2015, is amended to read as follows:
  9 21    c.  The committee shall recommend three persons to the
  9 22 secretary of agriculture who shall appoint from the persons
  9 23 recommended an administrative a director to head the division
  9 24 and serve at the pleasure of the secretary. After reviewing
  9 25 the names submitted, the secretary may request that the
  9 26 soil conservation committee submit additional names for
  9 27 consideration.
  9 28    Sec. 30.  Section 161A.6, unnumbered paragraph 4, Code 2015,
  9 29 is amended to read as follows:
  9 30    The commissioners may call upon the attorney general of
  9 31 the state for such legal services as they may require. The
  9 32 commissioners may delegate to their chairperson, to one or more
  9 33 commissioners or to one or more agents, or employees, such
  9 34 powers and duties as they may deem proper. The commissioners
  9 35 shall furnish to the division of soil conservation, upon
 10  1 request, copies of such ordinances, rules, regulations, orders,
 10  2 contracts, forms, and other documents as they shall adopt or
 10  3 employ, and such other information concerning their activities
 10  4 as it may require in the performance of its duties under this
 10  5 chapter.
 10  6    Sec. 31.  Section 161A.7, subsection 1, paragraph n,
 10  7 subparagraph (2), Code 2015, is amended to read as follows:
 10  8    (2)  The title page of the district plan and a notification
 10  9 stating where the plan may be reviewed shall be recorded with
 10 10 the recorder in the county in which the district is located,
 10 11 and updated as necessary, after the committee approves and
 10 12 the administrator director of the division signs the district
 10 13 plan. The commissioners shall provide notice of the recording
 10 14 and may provide a copy of the approved district plan to the
 10 15 county board of supervisors in the county where the district is
 10 16 located. The district plan shall be filed with the division
 10 17 as part of the state soil and water resource conservation plan
 10 18 provided in section 161A.4.
 10 19    Sec. 32.  Section 161A.18, Code 2015, is amended to read as
 10 20 follows:
 10 21    161A.18  Certification.
 10 22    Following the entry in the official minutes of the soil and
 10 23 water conservation district commissioners of the creation of
 10 24 the subdistrict, the commissioners shall certify this fact on a
 10 25 separate form, authentic copies of which shall be recorded with
 10 26 the county recorder of each county in which any portion of the
 10 27 subdistrict lies, and with the division of soil conservation.
 10 28    Sec. 33.  Section 161A.61, subsection 2, paragraph b, Code
 10 29 2015, is amended to read as follows:
 10 30    b.  Bring the farm unit which is the subject of the order
 10 31 into compliance with a plan developed for that farm unit by the
 10 32 commissioners, in accordance with guidelines established by
 10 33 the division of soil conservation, and presented to the court
 10 34 as a part of the commissioners' petition, if a farm unit soil
 10 35 conservation plan has not previously been agreed upon for that
 11  1 farm unit. A plan presented to the court by the commissioners
 11  2 under this paragraph shall specify as many alternative approved
 11  3 soil and water conservation practices as feasible, among which
 11  4 the owner or occupant of the farm unit may choose in taking the
 11  5 steps necessary to comply with the court's order.
 11  6    Sec. 34.  Section 161A.80, subsection 2, paragraph b, Code
 11  7 2015, is amended to read as follows:
 11  8    b.  The principal and interest from any blufflands protection
 11  9 loan outstanding on July 1, 2015, and payable to the blufflands
 11 10 protection revolving fund, shall be paid to the administrative
 11 11  director of the division of soil conservation and water quality
 11 12 created in section 159.5 on or after July 1, 2015, pursuant to
 11 13 the terms of the loan agreement and shall be credited to the
 11 14 rebuild Iowa infrastructure fund.
 11 15    Sec. 35.  Section 161C.1, subsection 4, Code 2015, is amended
 11 16 to read as follows:
 11 17    4.  "Division" means the division of soil conservation and
 11 18 water quality created within the department pursuant to section
 11 19 159.5.
 11 20    Sec. 36.  Section 161D.1, subsection 2, Code 2015, is amended
 11 21 to read as follows:
 11 22    2.  The mission of the authority is to develop and coordinate
 11 23 plans for projects related to the unique natural resource,
 11 24 rural development, and infrastructure problems of counties
 11 25 in the deep loess region of western Iowa. The erosion and
 11 26 degradation of stream channels in the deep loess soils has
 11 27 occurred due to historic channelization of the Missouri river
 11 28 and straightening stream channels of its tributaries. This
 11 29 erosion of land has damaged the rural infrastructure of this
 11 30 area, destroyed public roads and bridges, adversely impacted
 11 31 stream water quality and riparian habitat, and affected other
 11 32 public and private improvements. Stabilization of stream
 11 33 channels is necessary to protect the rural infrastructure
 11 34 in the deep loess soils area of the state. The authority
 11 35 shall cooperate with the division of soil conservation of and
 12  1 water quality created within the department of agriculture
 12  2 and land stewardship pursuant to section 159.5, the affected
 12  3 soil and water conservation districts, the department of
 12  4 natural resources, and the state department of transportation
 12  5 in carrying out its mission and duties. The authority shall
 12  6 also cooperate with appropriate federal agencies, including
 12  7 the United States environmental protection agency, the United
 12  8 States department of interior, and the United States department
 12  9 of agriculture natural resources conservation service. The
 12 10 authority shall make use of technical resources available
 12 11 through member counties and cooperating agencies.
 12 12    Sec. 37.  Section 161D.8, subsection 1, unnumbered paragraph
 12 13 1, Code 2015, is amended to read as follows:
 12 14    The authority shall submit to the department of management,
 12 15 the legislative services agency, and the division of soil
 12 16 conservation and water quality of the department of agriculture
 12 17 and land stewardship, on or before December 31 annually, a
 12 18 report including information regarding all of the following:
 12 19    Sec. 38.  Section 161D.11, subsection 3, Code 2015, is
 12 20 amended to read as follows:
 12 21    3.  The authority shall cooperate with the division of soil
 12 22 conservation and water quality of the department of agriculture
 12 23 and land stewardship, and the affected soil and water
 12 24 conservation districts, the department of natural resources,
 12 25 and the state department of transportation in carrying out
 12 26 its mission and duties. The authority shall also cooperate
 12 27 with appropriate federal agencies, including the United States
 12 28 environmental protection agency, the United States department
 12 29 of interior, and the United States department of agriculture
 12 30 natural resources conservation service. The authority shall
 12 31 make use of technical resources available through member
 12 32 counties and cooperating agencies.
 12 33    Sec. 39.  Section 161D.13, subsection 1, unnumbered
 12 34 paragraph 1, Code 2015, is amended to read as follows:
 12 35    The southern Iowa development and conservation authority
 13  1 shall submit to the department of management, the legislative
 13  2 services agency, and the division of soil conservation and
 13  3 water quality of the department of agriculture and land
 13  4 stewardship, on or before December 31 annually, a report
 13  5 including information regarding all of the following:
 13  6    Sec. 40.  Section 207.2, subsections 1 and 3, Code 2015, are
 13  7 amended to read as follows:
 13  8    1.  "Administrator" means the division administrator of the
 13  9 division of soil conservation or a designee.
 13 10    3.  "Division" means the division of soil conservation and
 13 11 water quality created within the department of agriculture and
 13 12 land stewardship pursuant to section 159.5.
 13 13    Sec. 41.  Section 208.2, subsections 1 and 4, Code 2015, are
 13 14 amended to read as follows:
 13 15    1.  "Administrator" means the administrator of the division
 13 16 of soil conservation or a designee.
 13 17    4.  "Division" means the division of soil conservation and
 13 18 water quality created within the department of agriculture and
 13 19 land stewardship pursuant to section 159.5.
 13 20    Sec. 42.  Section 455A.1, subsection 6, Code 2015, is amended
 13 21 by striking the subsection.
 13 22    Sec. 43.  Section 455A.19, subsection 1, paragraph c, Code
 13 23 2015, is amended to read as follows:
 13 24    c.  Twenty percent shall be allocated to the soil and
 13 25 water enhancement account. The moneys shall be used to carry
 13 26 out soil and water enhancement programs including, but not
 13 27 limited to, reforestation, woodland protection and enhancement,
 13 28 wildlife habitat preservation and enhancement, protection of
 13 29 highly erodible soils, and clean water programs. The division
 13 30 of soil conservation and water quality within the department
 13 31 of agriculture and land stewardship, by rule, shall establish
 13 32 procedures for eligibility, application, review, and selection
 13 33 of projects and practices to implement the requirements of
 13 34 this paragraph. There is appropriated from the soil and
 13 35 water enhancement account to the soil conservation division
 14  1 of soil conservation and water quality the amount in that
 14  2 account, or so much thereof as is necessary, to carry out the
 14  3 programs as specified in this paragraph. Remaining funds of
 14  4 the soil and water enhancement account shall be allocated
 14  5 to the accounts of the water protection fund authorized in
 14  6 section 161C.4. Annually, fifty percent of the soil and water
 14  7 enhancement account funds shall be allocated to the water
 14  8 quality protection projects account. The balance of the funds
 14  9 shall be allocated to the water protection practices account.
 14 10 An appropriation made under this paragraph shall continue in
 14 11 force for two fiscal years after the fiscal year in which the
 14 12 appropriation was made or until completion of the project for
 14 13 which the appropriation was made, whichever date is earlier.
 14 14 All unencumbered or unobligated funds remaining at the close
 14 15 of the fiscal year in which the project is completed or at the
 14 16 close of the third fiscal year, whichever date is earlier,
 14 17 shall revert to the soil and water enhancement account.
 14 18    Sec. 44.  Section 456.11, subsection 10, Code 2015, is
 14 19 amended to read as follows:
 14 20    10.  Copies furnished.  The state geologist shall provide the
 14 21 division of soil conservation and water quality created within
 14 22 the department of agriculture and land stewardship pursuant to
 14 23 section 159.5 a copy of each map and map extension received by
 14 24 the geologist under this section.
 14 25    Sec. 45.  Section 460.101, Code 2015, is amended by adding
 14 26 the following new unnumbered paragraph before subsection 1:
 14 27 NEW UNNUMBERED PARAGRAPH  As used in this chapter, unless
 14 28 the context otherwise requires:
 14 29    Sec. 46.  Section 460.101, subsection 6, Code 2015, is
 14 30 amended to read as follows:
 14 31    6.  "Division" means the division of soil conservation
 14 32 division of and water quality created within the department of
 14 33 agriculture and land stewardship pursuant to section 159.5.
 14 34    Sec. 47.  Section 460.303, subsection 1, Code 2015, is
 14 35 amended to read as follows:
 15  1    1.  An agricultural drainage well water quality assistance
 15  2 fund is created in the state treasury under the control of the
 15  3 soil conservation division. The fund is composed of moneys
 15  4 appropriated by the general assembly, and moneys available to
 15  5 and obtained or accepted by the division or the state soil
 15  6 conservation committee established pursuant to section 161A.4,
 15  7 from the United States or private sources for placement in the
 15  8 fund.
 15  9    Sec. 48.  Section 460.304, subsection 1, Code 2015, is
 15 10 amended to read as follows:
 15 11    1.  The soil conservation division shall establish an
 15 12 agricultural drainage well water quality assistance program
 15 13 as provided by rules which shall be adopted by the division
 15 14 pursuant to chapter 17A.  The program shall be supported from
 15 15 moneys deposited in the agricultural drainage well water
 15 16 quality assistance fund created pursuant to section 460.303.
 15 17    Sec. 49.  Section 461.33, subsection 2, paragraph a, Code
 15 18 2015, is amended to read as follows:
 15 19    a.  Soil conservation and watershed protection, including by
 15 20 supporting the soil conservation division of soil conservation
 15 21 and water quality within the department of agriculture and
 15 22 land stewardship and soil and water conservation district
 15 23 commissioners. The department may provide for the installation
 15 24 of conservation practices and watershed protection improvements
 15 25 as provided in chapters 161A, 161C, 461A, 466, and 466A.
 15 26    Sec. 50.  Section 466A.1, subsection 3, Code 2015, is amended
 15 27 to read as follows:
 15 28    3.  "Division" means the division of soil conservation and
 15 29 water quality created within the department of agriculture and
 15 30 land stewardship as established in pursuant to section 161A.4
 15 31  159.5.
 15 32    Sec. 51.  Section 466A.5, Code 2015, is amended to read as
 15 33 follows:
 15 34    466A.5  Administration.
 15 35    The soil conservation division of soil conservation and
 16  1 water quality created within the department of agriculture
 16  2 and land stewardship pursuant to section 159.5 shall provide
 16  3 administrative support to the board. Not more than one percent
 16  4 of the total moneys deposited in the general account of the
 16  5 watershed improvement fund on July 1 of a fiscal year or fifty
 16  6 thousand dollars, whichever is less, is appropriated each
 16  7 fiscal year to the division for the purposes of assisting
 16  8 the watershed improvement review board in administering this
 16  9 chapter.
 16 10    Sec. 52.  Section 466B.3, subsection 4, paragraph b, Code
 16 11 2015, is amended to read as follows:
 16 12    b.  The director of the division of soil conservation
 16 13 division of and water quality within the department of
 16 14 agriculture and land stewardship or the director's designee.
 16 15    Sec. 53.  Section 466B.41, subsection 3, Code 2015, is
 16 16 amended to read as follows:
 16 17    3.  "Division" means the division of soil conservation and
 16 18 water quality created within the department of agriculture and
 16 19 land stewardship as established in pursuant to section 161A.4
 16 20  159.5.
 16 21    Sec. 54.  Section 466B.48, subsection 2, paragraph g, Code
 16 22 2015, is amended to read as follows:
 16 23    g.  The administrative director of the soil conservation
 16 24  division of the department of agriculture and land stewardship
 16 25 as provided in chapter 161A, or the administrative director's
 16 26 designee.
 16 27                           EXPLANATION
 16 28 The inclusion of this explanation does not constitute agreement with
 16 29 the explanation's substance by the members of the general assembly.
 16 30    GENERAL.  This bill amends a number of provisions
 16 31 administered by the department of agriculture and land
 16 32 stewardship (DALS).
 16 33    HORSE RACING ==== ELIMINATION PAST DATES APPLICABLE TO
 16 34 IOWA=FOALED HORSES.  The bill eliminates past dates (either
 16 35 referring to before or after January 1, 1985) setting
 17  1 forth requirements to determine when a horse is eligible to
 17  2 participate in an annual race reserved for Iowa=foaled breeds
 17  3 (Code chapter 99D).
 17  4    EXAMINATION OF CERTAIN ARTICLES ==== ELIMINATION OF CONTINGENT
 17  5 FUND.  The bill eliminates a "contingent fund" dedicated for
 17  6 use by DALS to pay costs associated with the examination of
 17  7 certain articles, including food, commercial feed, agricultural
 17  8 seed, commercial fertilizer, drugs, pesticide, and paint (Code
 17  9 chapter 189).
 17 10    MILK REGULATION ==== FEDERAL PUBLICATIONS.  The bill allows
 17 11 DALS to adopt by rule a number of federal publications as
 17 12 defined in the bill, including adopting by reference, that
 17 13 relate to the regulation of milk and milk products (Code
 17 14 chapter 192).
 17 15    ELIMINATION OF SEED LABORATORY.  The bill eliminates DALS'
 17 16 seed laboratory which is used to enforce regulations relating
 17 17 to the sale of agricultural and vegetable seed.  The bill does
 17 18 not affect duties performed by the Iowa state university seed
 17 19 laboratory but changes its name to the Iowa state university
 17 20 seed testing laboratory (Code chapter 199).
 17 21    GRAIN DEPOSITORS AND SELLERS INDEMNITY FUND ==== FEES.  The
 17 22 bill excludes certain transactions from the classification
 17 23 of "purchased grain" which is assessed a per=bushel fee
 17 24 paid by grain dealers into the grain depositors and sellers
 17 25 indemnity fund (Code chapter 203D).   The fee would not apply
 17 26 to a cancellation of a collateral warehouse receipt or an
 17 27 intra=company location transfer (Code chapter 206), if so
 17 28 entered into the grain dealer's accounts.  It also changes the
 17 29 period when the department calculates whether assets in the
 17 30 fund exceed $8,000,000 which suspends the imposition of fees
 17 31 paid into the fund.  The bill changes the period from the end of
 17 32 each three=month period to the end of the fund's fiscal year
 17 33 (June 30).
 17 34    CHLORDANE PROHIBITION ==== ELIMINATION OF A DATE.  The bill
 17 35 amends the "Pesticide Act of Iowa" by eliminating a past date
 18  1 (January 1, 1989) after which chlordane could not be sold in
 18  2 this state (Code chapter 206).
 18  3    COAL MINING REGULATIONS ==== ELIMINATION OF A TERM AND DATE.
 18  4  The bill eliminates the term "general welfare" when referring
 18  5 to the rehabilitation and conservation of land affected by coal
 18  6 mining (Code chapter 207).  It also eliminates a reference to
 18  7 a past date (May 2, 1977) regarding liens filed against such
 18  8 property.  DALS is prevented from filing a lien against the
 18  9 private land of a person who owned the land's surface prior
 18 10 to that date to pay costs associated with rehabilitating or
 18 11 conserving such land.
 18 12    EXPANSION OF DEFINITION ==== BIOBUTANOL.  The bill modifies
 18 13 the definition of biobutanol to include n=butyl which is an
 18 14 alcohol used to blend with gasoline.
 18 15    INSPECTIONS OF CERTAIN TEST WEIGHTS ==== APPROVAL OF PRIVATE
 18 16 LABORATORIES AND FEES.  The bill provides that DALS no longer
 18 17 verifies test weights used by persons engaged in scale repair
 18 18 work (Code chapter 215).  Instead, DALS is required to approve
 18 19 a private laboratory that performs that function.  The bill
 18 20 also eliminates associated fees.
 18 21    DIVISION OF SOIL CONSERVATION AND WATER QUALITY.  The
 18 22 bill amends Code section 159.5 to change the name of DALS'
 18 23 division of soil conservation to the division of soil
 18 24 conservation and water quality. The bill makes a number of
 18 25 conforming amendments to Code chapters that refer to the
 18 26 division.  Finally, the bill changes the name of the division's
 18 27 administrator to director.
       LSB 1324HV (1) 86
       da/sc