House Study Bill 209 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON GRASSLEY) A BILL FOR An Act providing for the department of agriculture and land 1 stewardship’s administration of certain functions, including 2 by eliminating past dates relating to a determination of 3 Iowa-foaled horse and to the rehabilitation and conservation 4 of land affected by coal mining, providing for payment by 5 the department for the examination of certain articles, 6 allowing the department to adopt by reference certain 7 federal publications affecting milk and milk products, 8 modifying the definition of biobutanol, eliminating 9 departmental duties and fees relating to weights and 10 measures, providing for purchased-grain fees paid into the 11 Iowa grain indemnity fund, and changing the name of the 12 division of soil and water conservation and the name of its 13 appointed administrative official. 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 15 TLSB 1324YC (1) 86 da/sc

H.F. _____ DIVISION I 1 REGULATORY PROVISIONS 2 Section 1. Section 99D.22, subsection 2, paragraph a, Code 3 2015, is amended to read as follows: 4 a. All thoroughbred horses, quarter horses, or standardbred 5 horses foaled in Iowa prior to January 1, 1985, which are 6 registered by the jockey club, American quarter horse 7 association, or United States trotting association as Iowa 8 foaled shall be considered to be Iowa foaled. 9 Sec. 2. Section 99D.22, subsection 2, paragraph b, 10 unnumbered paragraph 1, Code 2015, is amended to read as 11 follows: 12 After January 1, 1985, eligibility Eligibility for brood 13 mare residence shall be achieved by meeting at least one of the 14 following rules: 15 Sec. 3. Section 189.6, Code 2015, is amended to read as 16 follows: 17 189.6 Taking of samples. 18 The department may, without the consent of the owner, 19 examine or open any package containing, or believed to contain, 20 any article or product which it suspects may be prepared, 21 manufactured, offered, or exposed for sale, sold, or held in 22 possession in violation of the provisions of this subtitle, in 23 order to secure a sample for analysis or examination, and the 24 sample and damage to container shall be paid for at the current 25 market price out of the contingent fund of by the department. 26 Sec. 4. Section 192.101A, Code 2015, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 1A. “Federal publication” means a 29 publication produced by the United States department of health 30 and human services including the United States public health 31 service and United States food and drug administration. 32 Sec. 5. Section 192.102, Code 2015, is amended to read as 33 follows: 34 192.102 Grade “A” pasteurized milk ordinance. 35 -1- LSB 1324YC (1) 86 da/sc 1/ 18

H.F. _____ The department shall adopt , by rule, rules incorporating or 1 incorporating by reference the federal publication entitled 2 “Grade ‘A’ Pasteurized Milk Ordinance, 2005 Revision”, 3 including a subsequent revision of the ordinance Ordinance” . 4 If the ordinance specifies that compliance with a provision of 5 the ordinance’s appendices is mandatory, the department shall 6 also adopt that provision. The department shall not amend the 7 ordinance, unless the department explains each amendment and 8 reasons for the amendment in the Iowa administrative bulletin 9 when the rules are required to be published pursuant to chapter 10 17A . The department shall administer this chapter consistent 11 with the provisions of the ordinance. 12 Sec. 6. Section 192.110, subsection 1, Code 2015, is amended 13 to read as follows: 14 1. The person has a pasteurized milk and milk products 15 sanitation compliance rating of ninety percent or more as 16 calculated according to the rating system as contained in 17 rules adopted by the department incorporating or incorporating 18 by reference the federal public health service publications , 19 entitled “Procedures Governing the Cooperative State-Public 20 Health Service/Food and Drug Administration Program for 21 Certification of Interstate Milk Shippers 2003” Shipments” 22 and “Method “Methods of Making Sanitation Ratings of Milk 23 Supplies, 2003 Revision” Shippers” . The applicable provisions 24 of these publications are incorporated into this section by 25 this reference. A copy of each publication shall be on file 26 with the department or in the office of the person subject to 27 an inspection contract as provided in section 192.108 . 28 Sec. 7. Section 192.111, subsection 3, paragraph b, Code 29 2015, is amended by striking the paragraph. 30 Sec. 8. Section 192.118, Code 2015, is amended to read as 31 follows: 32 192.118 Certified laboratories. 33 1. To insure uniformity in the tests and reporting, an 34 employee certified by the United States public health service 35 -2- LSB 1324YC (1) 86 da/sc 2/ 18

H.F. _____ of the bacteriological laboratory of the department shall 1 annually certify, in accordance with the United States food 2 and drug administration rules adopted by the department 3 incorporating or incorporating by reference the federal 4 publication entitled “Evaluation of Milk Laboratories” (1995 5 revision) , all laboratories doing work in the sanitary quality 6 of milk and dairy products for public report. The approval 7 by the department shall be based on the evaluation of these 8 laboratories as to personnel training, laboratory methods 9 used, and reporting. The results on tests made by approved 10 laboratories shall be reported to the department on request, 11 on forms prescribed by the secretary of agriculture, and such 12 reports may be used by the department. 13 2. The department shall annually certify, in accordance 14 with rules adopted by the department incorporating or 15 incorporating by reference the United States food and drug 16 administration federal publication entitled “Evaluation of 17 Milk Laboratories” (1995 revision) , every laboratory in the 18 state doing work in the sanitary quality of milk and dairy 19 products for public report. The certifying officer may enter 20 any such place at any reasonable hour to make the survey. 21 The management of the laboratory shall afford free access to 22 every part of the premises and render all aid and assistance 23 necessary to enable the certifying officer to make a thorough 24 and complete examination. 25 Sec. 9. Section 199.3, subsection 6, Code 2015, is amended 26 to read as follows: 27 6. Seed sold on or from the farm, which is exempt from 28 the permit requirements by section 199.15 , shall be labeled 29 on the basis of tests performed by the Iowa state university 30 of science and technology seed testing laboratory , department 31 of agriculture and land stewardship seed laboratory, or 32 a commercial seed laboratory personally supervised by a 33 registered seed technologist. Tests for labeling shall be as 34 provided in section 199.10 . 35 -3- LSB 1324YC (1) 86 da/sc 3/ 18

H.F. _____ Sec. 10. Section 199.10, subsection 2, unnumbered paragraph 1 1, Code 2015, is amended to read as follows: 2 Charges for seed testing by the Iowa state university or 3 department of agriculture and land stewardship seed testing 4 laboratory shall be determined by the Iowa state university 5 laboratory. Separate fee schedules shall be published for: 6 Sec. 11. Section 199.10, subsection 3, paragraph a, Code 7 2015, is amended to read as follows: 8 a. Integrate seed testing so as to avoid unnecessary 9 duplication of personnel and equipment. The department of 10 agriculture and land stewardship seed laboratory shall be 11 primarily concerned with seed testing for seed law enforcement 12 purposes. The Iowa state university seed testing laboratory 13 shall promote seed education and research and shall conduct 14 service testing for farmers and seed dealers. 15 Sec. 12. Section 203D.1, subsection 14, Code 2015, is 16 amended to read as follows: 17 14. a. “Purchased grain” means grain which is entered 18 in the company-owned paid position as evidenced on the grain 19 dealer’s daily position record. 20 b. “Purchased grain” does not include grain that is subject 21 to an exempt transaction based on documentation satisfactory 22 to the department showing that the grain dealer did any of the 23 following: 24 (1) Purchased the grain from the United States government or 25 any of its subdivisions or agencies. 26 (2) Purchased the grain from a person licensed as a grain 27 dealer in any jurisdiction. 28 (3) Purchased the grain under a credit-sale contract. 29 (4) Entered the grain in the company-owned paid position as 30 a cancellation of a collateral warehouse receipt. 31 (5) Entered the grain in the company-owned paid position as 32 an intra-company location transfer. 33 Sec. 13. Section 203D.3A, subsection 2, paragraph a, Code 34 2015, is amended to read as follows: 35 -4- LSB 1324YC (1) 86 da/sc 4/ 18

H.F. _____ a. A per-bushel fee shall be assessed on all purchased 1 grain. However, if the grain dealer provides documentation 2 regarding the transaction satisfactory to the department, the 3 following transactions shall be excluded from the per-bushel 4 fee: 5 (1) Grain purchased from the United States government or any 6 of its subdivisions or agencies. 7 (2) Grain purchased from a person licensed as a grain dealer 8 in any jurisdiction. 9 (3) Grain purchased under a credit-sale contract. 10 Sec. 14. Section 203D.5, subsection 2, paragraph a, 11 subparagraph (1), Code 2015, is amended to read as follows: 12 (1) For a licensed grain dealer, not more than fourteen 13 thousandths of a cent per bushel assessed on all purchased 14 grain entered in the company-owned paid position during the 15 grain dealer’s last fiscal year at each location at which 16 records are maintained for transactions of the grain dealer, 17 as determined according to information submitted by the grain 18 dealer to the department for the issuance or renewal of a 19 license as provided in section 203.5 . 20 Sec. 15. Section 203D.5, subsection 4, unnumbered paragraph 21 1, Code 2015, is amended to read as follows: 22 If , at the end of any three-month period, on the last date of 23 the fund’s fiscal year as provided in section 203D.3 the assets 24 of the fund exceed eight million dollars, less any encumbered 25 balances or pending or unsettled claims, all of the following 26 apply: 27 Sec. 16. Section 206.32, subsection 1, Code 2015, is amended 28 to read as follows: 29 1. A person shall not offer for sale, sell, purchase, apply, 30 or use chlordane in this state , on or after January 1, 1989 . 31 Sec. 17. Section 207.1, subsection 1, Code 2015, is amended 32 to read as follows: 33 1. It is the policy of this state to provide for the 34 rehabilitation and conservation of land affected by coal mining 35 -5- LSB 1324YC (1) 86 da/sc 5/ 18

H.F. _____ and preserve natural resources, protect and perpetuate the 1 taxable value of property, and protect and promote the health, 2 and safety , and general welfare of the people of this state. 3 Sec. 18. Section 207.21, subsection 3, paragraphs a and b, 4 Code 2015, are amended to read as follows: 5 a. The protection of public health, safety, general welfare, 6 and property from extreme danger of adverse effects of coal 7 mining practices. 8 b. The protection of public health , and safety, and general 9 welfare from adverse effects of coal mining practices. 10 Sec. 19. Section 207.23, subsection 1, Code 2015, is amended 11 to read as follows: 12 1. Within six months after the completion of a project to 13 restore, reclaim, abate, control, or prevent adverse effects 14 of past coal mining practices on privately owned land, the 15 division shall itemize the money expended on the project 16 and may file a lien statement in the office of the district 17 court clerk of each county in which a portion of the property 18 affected by the project is located, together with a notarized 19 appraisal by an independent appraiser of the value of the land 20 before the restoration, reclamation, abatement, control, or 21 prevention of adverse effects of past mining practices if the 22 money so expended results in a significant increase in property 23 value. A copy of the lien statement and the appraisal, if 24 required, shall be served upon affected property owners in the 25 manner provided for service of an original notice. The lien 26 shall not exceed the amount determined by the appraiser to be 27 the increase in the market value of the land as a result of the 28 restoration, reclamation, abatement, control, or prevention 29 of adverse effects of past coal mining practices. A lien 30 shall not be filed in accordance with this subsection against 31 the property of a person who owned the surface prior to May 32 2, 1977, and who neither consented to, participated in, nor 33 exercised control over the mining operation which necessitated 34 the reclamation performed. 35 -6- LSB 1324YC (1) 86 da/sc 6/ 18

H.F. _____ Sec. 20. Section 214A.1, subsection 3, Code 2015, is amended 1 to read as follows: 2 3. “Biobutanol” means isobutyl or n-butyl alcohol that is 3 to be blended with gasoline if it meets the standards provided 4 in section 214A.2 . 5 Sec. 21. Section 214A.2, subsection 3, paragraph c, 6 subparagraph (1), Code 2015, is amended to read as follows: 7 (1) Biobutanol must be an agriculturally derived isobutyl 8 or n-butyl alcohol that meets A.S.T.M. international 9 specification D7862 for butanol for blending with gasoline for 10 use as automotive spark-ignition engine fuel, or a successor 11 A.S.T.M. international specification, as established by rules 12 adopted by the department. 13 Sec. 22. Section 215.17, subsection 1, Code 2015, is amended 14 to read as follows: 15 1. A person engaged in scale repair work for hire shall 16 use only test weights sealed by a laboratory approved by the 17 department in determining the effectiveness of repair work and 18 the test weights shall be sealed as to their accuracy once each 19 year. However, a person shall not claim to be an official 20 scale inspector and shall not use the test weights except to 21 determine the accuracy of scale repair work done by the person 22 and the person shall not be entitled to a fee for their use. A 23 fee shall be charged and collected at time of inspection for 24 the inspection of such weights as follows: 25 All weights up to and including 25 26 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.10 each 27 Over 25 pounds capacity, 28 up to and including 50 pounds . . . . . . . . . . . . . . . 2.25 each 29 Over 50 pounds capacity, up to and 30 including 100 pounds . . . . . . . . . . . . . . . . . . . . . . . . 3.00 each 31 Over 100 pounds capacity, up to 32 and including 500 pounds . . . . . . . . . . . . . . . . . . . . 4.50 each 33 Over 500 pounds capacity, up to 34 and including 1,000 pounds . . . . . . . . . . . . . . . . . . 7.50 each 35 -7- LSB 1324YC (1) 86 da/sc 7/ 18

H.F. _____ Sec. 23. Section 215.17, subsection 2, Code 2015, is amended 1 by striking the subsection. 2 DIVISION II 3 SOIL CONSERVATION AND WATER QUALITY 4 Sec. 24. Section 159.5, subsection 12, Code 2015, is amended 5 to read as follows: 6 12. Establish Create and maintain a division of soil 7 conservation and water quality as provided in chapter 161A . 8 The division administrator division’s director shall be 9 appointed by the secretary from a list of names of persons 10 recommended by the soil conservation committee, pursuant to 11 section 161A.4, subsection 6, paragraph “c” , and shall serve 12 at the pleasure of the secretary. The director shall be the 13 administrator responsible for carrying out the provisions of 14 chapters 207 and 208. 15 Sec. 25. Section 159.18, subsection 1, Code 2015, is amended 16 to read as follows: 17 1. As used in this section , “farm programs” includes but 18 is not limited to financial incentive programs established 19 within the department’s division of soil conservation of the 20 department of agriculture and land stewardship and water 21 quality as provided in section 161A.70 and the beginning farmer 22 loan program administered by the Iowa finance authority as 23 provided in section 16.75 chapter 16 . 24 Sec. 26. Section 161A.3, subsection 7, Code 2015, is amended 25 to read as follows: 26 7. “Division” means the division of soil conservation and 27 water quality created within the department pursuant to section 28 159.5 . 29 Sec. 27. Section 161A.4, subsection 1, Code 2015, is amended 30 to read as follows: 31 1. The soil conservation division is established of soil 32 conservation and water quality created within the department to 33 pursuant to section 159.5 shall perform the functions conferred 34 upon it in this chapter and chapters 161C , 161E , 161F , 207 , and 35 -8- LSB 1324YC (1) 86 da/sc 8/ 18

H.F. _____ 208 . The division shall be administered in accordance with the 1 policies of the state soil conservation committee, which shall 2 advise the division and which shall approve administrative 3 rules proposed by the division for the administration of this 4 chapter and chapters 161C , 161E , 161F , 207 , and 208 before the 5 rules are adopted pursuant to section 17A.5 . If a difference 6 exists between the committee and secretary regarding the 7 content of a proposed rule, the secretary shall notify the 8 chairperson of the committee of the difference within thirty 9 days from the committee’s action on the rule. The secretary 10 and the committee shall meet to resolve the difference within 11 thirty days after the secretary provides the committee with 12 notice of the difference. 13 Sec. 28. Section 161A.4, subsection 2, unnumbered paragraph 14 1, Code 2015, is amended to read as follows: 15 In addition to other duties and powers conferred upon the 16 division of soil conservation and water quality , the division 17 has the following duties and powers: 18 Sec. 29. Section 161A.4, subsection 6, paragraph c, Code 19 2015, is amended to read as follows: 20 c. The committee shall recommend three persons to the 21 secretary of agriculture who shall appoint from the persons 22 recommended an administrative a director to head the division 23 and serve at the pleasure of the secretary. After reviewing 24 the names submitted, the secretary may request that the 25 soil conservation committee submit additional names for 26 consideration. 27 Sec. 30. Section 161A.6, unnumbered paragraph 4, Code 2015, 28 is amended to read as follows: 29 The commissioners may call upon the attorney general of 30 the state for such legal services as they may require. The 31 commissioners may delegate to their chairperson, to one or more 32 commissioners or to one or more agents, or employees, such 33 powers and duties as they may deem proper. The commissioners 34 shall furnish to the division of soil conservation , upon 35 -9- LSB 1324YC (1) 86 da/sc 9/ 18

H.F. _____ request, copies of such ordinances, rules, regulations, orders, 1 contracts, forms, and other documents as they shall adopt or 2 employ, and such other information concerning their activities 3 as it may require in the performance of its duties under this 4 chapter . 5 Sec. 31. Section 161A.7, subsection 1, paragraph n, 6 subparagraph (2), Code 2015, is amended to read as follows: 7 (2) The title page of the district plan and a notification 8 stating where the plan may be reviewed shall be recorded with 9 the recorder in the county in which the district is located, 10 and updated as necessary, after the committee approves and 11 the administrator director of the division signs the district 12 plan. The commissioners shall provide notice of the recording 13 and may provide a copy of the approved district plan to the 14 county board of supervisors in the county where the district is 15 located. The district plan shall be filed with the division 16 as part of the state soil and water resource conservation plan 17 provided in section 161A.4 . 18 Sec. 32. Section 161A.18, Code 2015, is amended to read as 19 follows: 20 161A.18 Certification. 21 Following the entry in the official minutes of the soil and 22 water conservation district commissioners of the creation of 23 the subdistrict, the commissioners shall certify this fact on a 24 separate form, authentic copies of which shall be recorded with 25 the county recorder of each county in which any portion of the 26 subdistrict lies, and with the division of soil conservation . 27 Sec. 33. Section 161A.61, subsection 2, paragraph b, Code 28 2015, is amended to read as follows: 29 b. Bring the farm unit which is the subject of the order 30 into compliance with a plan developed for that farm unit by the 31 commissioners, in accordance with guidelines established by 32 the division of soil conservation , and presented to the court 33 as a part of the commissioners’ petition, if a farm unit soil 34 conservation plan has not previously been agreed upon for that 35 -10- LSB 1324YC (1) 86 da/sc 10/ 18

H.F. _____ farm unit. A plan presented to the court by the commissioners 1 under this paragraph shall specify as many alternative approved 2 soil and water conservation practices as feasible, among which 3 the owner or occupant of the farm unit may choose in taking the 4 steps necessary to comply with the court’s order. 5 Sec. 34. Section 161A.80, subsection 2, paragraph b, Code 6 2015, is amended to read as follows: 7 b. The principal and interest from any blufflands protection 8 loan outstanding on July 1, 2015, and payable to the blufflands 9 protection revolving fund, shall be paid to the administrative 10 director of the division of soil conservation and water quality 11 created in section 159.5 on or after July 1, 2015, pursuant to 12 the terms of the loan agreement and shall be credited to the 13 rebuild Iowa infrastructure fund. 14 Sec. 35. Section 161C.1, subsection 4, Code 2015, is amended 15 to read as follows: 16 4. “Division” means the division of soil conservation and 17 water quality created within the department pursuant to section 18 159.5 . 19 Sec. 36. Section 161D.1, subsection 2, Code 2015, is amended 20 to read as follows: 21 2. The mission of the authority is to develop and coordinate 22 plans for projects related to the unique natural resource, 23 rural development, and infrastructure problems of counties 24 in the deep loess region of western Iowa. The erosion and 25 degradation of stream channels in the deep loess soils has 26 occurred due to historic channelization of the Missouri river 27 and straightening stream channels of its tributaries. This 28 erosion of land has damaged the rural infrastructure of this 29 area, destroyed public roads and bridges, adversely impacted 30 stream water quality and riparian habitat, and affected other 31 public and private improvements. Stabilization of stream 32 channels is necessary to protect the rural infrastructure 33 in the deep loess soils area of the state. The authority 34 shall cooperate with the division of soil conservation of and 35 -11- LSB 1324YC (1) 86 da/sc 11/ 18

H.F. _____ water quality created within the department of agriculture 1 and land stewardship pursuant to section 159.5 , the affected 2 soil and water conservation districts, the department of 3 natural resources, and the state department of transportation 4 in carrying out its mission and duties. The authority shall 5 also cooperate with appropriate federal agencies, including 6 the United States environmental protection agency, the United 7 States department of interior, and the United States department 8 of agriculture natural resources conservation service. The 9 authority shall make use of technical resources available 10 through member counties and cooperating agencies. 11 Sec. 37. Section 161D.8, subsection 1, unnumbered paragraph 12 1, Code 2015, is amended to read as follows: 13 The authority shall submit to the department of management, 14 the legislative services agency, and the division of soil 15 conservation and water quality of the department of agriculture 16 and land stewardship, on or before December 31 annually, a 17 report including information regarding all of the following: 18 Sec. 38. Section 161D.11, subsection 3, Code 2015, is 19 amended to read as follows: 20 3. The authority shall cooperate with the division of soil 21 conservation and water quality of the department of agriculture 22 and land stewardship , and the affected soil and water 23 conservation districts, the department of natural resources, 24 and the state department of transportation in carrying out 25 its mission and duties. The authority shall also cooperate 26 with appropriate federal agencies, including the United States 27 environmental protection agency, the United States department 28 of interior, and the United States department of agriculture 29 natural resources conservation service. The authority shall 30 make use of technical resources available through member 31 counties and cooperating agencies. 32 Sec. 39. Section 161D.13, subsection 1, unnumbered 33 paragraph 1, Code 2015, is amended to read as follows: 34 The southern Iowa development and conservation authority 35 -12- LSB 1324YC (1) 86 da/sc 12/ 18

H.F. _____ shall submit to the department of management, the legislative 1 services agency, and the division of soil conservation and 2 water quality of the department of agriculture and land 3 stewardship, on or before December 31 annually, a report 4 including information regarding all of the following: 5 Sec. 40. Section 207.2, subsections 1 and 3, Code 2015, are 6 amended to read as follows: 7 1. “Administrator” means the division administrator of the 8 division of soil conservation or a designee. 9 3. “Division” means the division of soil conservation and 10 water quality created within the department of agriculture and 11 land stewardship pursuant to section 159.5 . 12 Sec. 41. Section 208.2, subsections 1 and 4, Code 2015, are 13 amended to read as follows: 14 1. “Administrator” means the administrator of the division 15 of soil conservation or a designee. 16 4. “Division” means the division of soil conservation and 17 water quality created within the department of agriculture and 18 land stewardship pursuant to section 159.5 . 19 Sec. 42. Section 455A.1, subsection 6, Code 2015, is amended 20 by striking the subsection. 21 Sec. 43. Section 455A.19, subsection 1, paragraph c, Code 22 2015, is amended to read as follows: 23 c. Twenty percent shall be allocated to the soil and 24 water enhancement account. The moneys shall be used to carry 25 out soil and water enhancement programs including, but not 26 limited to, reforestation, woodland protection and enhancement, 27 wildlife habitat preservation and enhancement, protection of 28 highly erodible soils, and clean water programs. The division 29 of soil conservation and water quality within the department 30 of agriculture and land stewardship , by rule, shall establish 31 procedures for eligibility, application, review, and selection 32 of projects and practices to implement the requirements of 33 this paragraph. There is appropriated from the soil and 34 water enhancement account to the soil conservation division 35 -13- LSB 1324YC (1) 86 da/sc 13/ 18

H.F. _____ of soil conservation and water quality the amount in that 1 account, or so much thereof as is necessary, to carry out the 2 programs as specified in this paragraph. Remaining funds of 3 the soil and water enhancement account shall be allocated 4 to the accounts of the water protection fund authorized in 5 section 161C.4 . Annually, fifty percent of the soil and water 6 enhancement account funds shall be allocated to the water 7 quality protection projects account. The balance of the funds 8 shall be allocated to the water protection practices account. 9 An appropriation made under this paragraph shall continue in 10 force for two fiscal years after the fiscal year in which the 11 appropriation was made or until completion of the project for 12 which the appropriation was made, whichever date is earlier. 13 All unencumbered or unobligated funds remaining at the close 14 of the fiscal year in which the project is completed or at the 15 close of the third fiscal year, whichever date is earlier, 16 shall revert to the soil and water enhancement account. 17 Sec. 44. Section 456.11, subsection 10, Code 2015, is 18 amended to read as follows: 19 10. Copies furnished. The state geologist shall provide the 20 division of soil conservation and water quality created within 21 the department of agriculture and land stewardship pursuant to 22 section 159.5 a copy of each map and map extension received by 23 the geologist under this section . 24 Sec. 45. Section 460.101, Code 2015, is amended by adding 25 the following new unnumbered paragraph before subsection 1: 26 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 27 the context otherwise requires: 28 Sec. 46. Section 460.101, subsection 6, Code 2015, is 29 amended to read as follows: 30 6. “Division” means the division of soil conservation 31 division of and water quality created within the department of 32 agriculture and land stewardship pursuant to section 159.5 . 33 Sec. 47. Section 460.303, subsection 1, Code 2015, is 34 amended to read as follows: 35 -14- LSB 1324YC (1) 86 da/sc 14/ 18

H.F. _____ 1. An agricultural drainage well water quality assistance 1 fund is created in the state treasury under the control of the 2 soil conservation division. The fund is composed of moneys 3 appropriated by the general assembly, and moneys available to 4 and obtained or accepted by the division or the state soil 5 conservation committee established pursuant to section 161A.4 , 6 from the United States or private sources for placement in the 7 fund. 8 Sec. 48. Section 460.304, subsection 1, Code 2015, is 9 amended to read as follows: 10 1. The soil conservation division shall establish an 11 agricultural drainage well water quality assistance program 12 as provided by rules which shall be adopted by the division 13 pursuant to chapter 17A . The program shall be supported from 14 moneys deposited in the agricultural drainage well water 15 quality assistance fund created pursuant to section 460.303 . 16 Sec. 49. Section 461.33, subsection 2, paragraph a, Code 17 2015, is amended to read as follows: 18 a. Soil conservation and watershed protection, including by 19 supporting the soil conservation division of soil conservation 20 and water quality within the department of agriculture and 21 land stewardship and soil and water conservation district 22 commissioners. The department may provide for the installation 23 of conservation practices and watershed protection improvements 24 as provided in chapters 161A , 161C , 461A , 466 , and 466A . 25 Sec. 50. Section 466A.1, subsection 3, Code 2015, is amended 26 to read as follows: 27 3. “Division” means the division of soil conservation and 28 water quality created within the department of agriculture and 29 land stewardship as established in pursuant to section 161A.4 30 159.5 . 31 Sec. 51. Section 466A.5, Code 2015, is amended to read as 32 follows: 33 466A.5 Administration. 34 The soil conservation division of soil conservation and 35 -15- LSB 1324YC (1) 86 da/sc 15/ 18

H.F. _____ water quality created within the department of agriculture 1 and land stewardship pursuant to section 159.5 shall provide 2 administrative support to the board. Not more than one percent 3 of the total moneys deposited in the general account of the 4 watershed improvement fund on July 1 of a fiscal year or fifty 5 thousand dollars, whichever is less, is appropriated each 6 fiscal year to the division for the purposes of assisting 7 the watershed improvement review board in administering this 8 chapter . 9 Sec. 52. Section 466B.3, subsection 4, paragraph b, Code 10 2015, is amended to read as follows: 11 b. The director of the division of soil conservation 12 division of and water quality within the department of 13 agriculture and land stewardship or the director’s designee. 14 Sec. 53. Section 466B.41, subsection 3, Code 2015, is 15 amended to read as follows: 16 3. “Division” means the division of soil conservation and 17 water quality created within the department of agriculture and 18 land stewardship as established in pursuant to section 161A.4 19 159.5 . 20 Sec. 54. Section 466B.48, subsection 2, paragraph g, Code 21 2015, is amended to read as follows: 22 g. The administrative director of the soil conservation 23 division of the department of agriculture and land stewardship 24 as provided in chapter 161A , or the administrative director’s 25 designee. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 GENERAL. This bill amends a number of provisions 30 administered by the department of agriculture and land 31 stewardship (DALS). 32 HORSE RACING —— ELIMINATION PAST DATES APPLICABLE TO 33 IOWA-FOALED HORSES. The bill eliminates past dates (either 34 referring to before or after January 1, 1985) setting 35 -16- LSB 1324YC (1) 86 da/sc 16/ 18

H.F. _____ forth requirements to determine when a horse is eligible to 1 participate in an annual race reserved for Iowa-foaled breeds 2 (Code chapter 99D). 3 EXAMINATION OF CERTAIN ARTICLES —— ELIMINATION OF CONTINGENT 4 FUND. The bill eliminates a “contingent fund” dedicated for 5 use by DALS to pay costs associated with the examination of 6 certain articles, including food, commercial feed, agricultural 7 seed, commercial fertilizer, drugs, pesticide, and paint (Code 8 chapter 189). 9 MILK REGULATION —— FEDERAL PUBLICATIONS. The bill allows 10 DALS to adopt by rule a number of federal publications as 11 defined in the bill, including adopting by reference, that 12 relate to the regulation of milk and milk products (Code 13 chapter 192). 14 ELIMINATION OF SEED LABORATORY. The bill eliminates DALS’ 15 seed laboratory which is used to enforce regulations relating 16 to the sale of agricultural and vegetable seed. The bill does 17 not affect duties performed by the Iowa state university seed 18 laboratory but changes its name to the Iowa state university 19 seed testing laboratory (Code chapter 199). 20 GRAIN DEPOSITORS AND SELLERS INDEMNITY FUND —— FEES. The 21 bill excludes certain transactions from the classification 22 of “purchased grain” which is assessed a per-bushel fee 23 paid by grain dealers into the grain depositors and sellers 24 indemnity fund (Code chapter 203D). The fee would not apply 25 to a cancellation of a collateral warehouse receipt or an 26 intra-company location transfer (Code chapter 206), if so 27 entered into the grain dealer’s accounts. It also changes the 28 period when the department calculates whether assets in the 29 fund exceed $8,000,000 which suspends the imposition of fees 30 paid into the fund. The bill changes the period from the end of 31 each three-month period to the end of the fund’s fiscal year 32 (June 30). 33 CHLORDANE PROHIBITION —— ELIMINATION OF A DATE. The bill 34 amends the “Pesticide Act of Iowa” by eliminating a past date 35 -17- LSB 1324YC (1) 86 da/sc 17/ 18

H.F. _____ (January 1, 1989) after which chlordane could not be sold in 1 this state (Code chapter 206). 2 COAL MINING REGULATIONS —— ELIMINATION OF A TERM AND DATE. 3 The bill eliminates the term “general welfare” when referring 4 to the rehabilitation and conservation of land affected by coal 5 mining (Code chapter 207). It also eliminates a reference to 6 a past date (May 2, 1977) regarding liens filed against such 7 property. DALS is prevented from filing a lien against the 8 private land of a person who owned the land’s surface prior 9 to that date to pay costs associated with rehabilitating or 10 conserving such land. 11 EXPANSION OF DEFINITION —— BIOBUTANOL. The bill modifies 12 the definition of biobutanol to include n-butyl which is an 13 alcohol used to blend with gasoline. 14 INSPECTIONS OF CERTAIN TEST WEIGHTS —— APPROVAL OF PRIVATE 15 LABORATORIES AND FEES. The bill provides that DALS no longer 16 verifies test weights used by persons engaged in scale repair 17 work (Code chapter 215). Instead, DALS is required to approve 18 a private laboratory that performs that function. The bill 19 also eliminates associated fees. 20 DIVISION OF SOIL CONSERVATION AND WATER QUALITY. The 21 bill amends Code section 159.5 to change the name of DALS’ 22 division of soil conservation to the division of soil 23 conservation and water quality. The bill makes a number of 24 conforming amendments to Code chapters that refer to the 25 division. Finally, the bill changes the name of the division’s 26 administrator to director. 27 -18- LSB 1324YC (1) 86 da/sc 18/ 18