Agriculture – Week of March 3, 2011

STAFF CONTACT:  Kerry Wright

SF 227 – Drainage districts assessment

SF 257 – Cooperative association voting methods

SF 320 – Equipment dealership agreements & supplier liability

SF 321 – Wastewater discharges by on-farm processing

SF 341 — Offenses involving agricultural operations with penalties

SSB 1127 – Agricultural development transfer to IDALS

SSB 1128 – Preferred stock issued by cooperative associations

SSB 1129 – Egg handling transferred to IDALS

SSB 1131—Milk certification transfer to IDALS

SSB 1179 – Local food and farm program

SSB 1180 – Emergency feeding of livestock

COMMITTEE ACTION:

SF 227 is based on a recommendation of the levee and drainage districts in Code chapter 46. The bill specifically provides that the recognized public benefit derived from draining surface water from land includes state-owned lakes and wetlands. It also provides for the manner of assessment. The commissioners are required to base the amount assessed on the benefits realized from removing excess water and cannot consider any benefit if the state-owned lake or wetland was drained or converted to another land use. [3/2: Short form (Johnson, Kibbie excused)]

SF 257 allows Cooperative Association voting members to vote by alternative voting methods, such as electronic, telephonic or the Internet. [3/2: Short form (Johnson, Kibbie excused)]

SF 320 clarifies confusion in the Code and an interpretation by a judge in a recent court case involving a short line manufacturing company and a dealer. The bill, as amended, corrects the issue of coupling the civil penalties and dealer agreements with manufacturers and dealers and provides clarity on the cancellation of a dealership agreement without good cause if the supplier fails to make a payment or credit the account of the dealer. [2/24: Short form (Bowman, Courtney, Johnson, Kapucian excused]

SF 321 defines a food commodity and on-farm processing under the Department of Natural Resource jurisdiction chapter for the purpose of developing standards for the disposal of waste water at small on-site food processing facilities. The bill allows for land application if the volume of wastewater produced is less than 1,500 gallons per day, the water is land applied, the application rate does not exceed 30,000 gallons per acre per year, the application does not exceed 1,500 gallons per day, and the land application follows standards consistent with rules for land application. The bill also allows for disposal at a public treatment works, through a subsurface absorption system, or through a disposal system that is located on the same site as the processing operation, the system is constructed with a permit issued by the DNR, or a system with an NPDES permit. The DNR shall adopt rules and the owner of an on-farm processing operation that produces less than 1,500 gallons per day of waste water shall not be assessed a fee by the DNR. The committee amendment was a strike all and improved the bill by defining the gallons of waste water that could be discharged as opposed to calculating the biochemical oxygen demand which would have cut the number of gallons of wastewater in half. [2/24: Short form (Bowman, Courtney, Johnson, excused)]

SF 341 pertains to the interruption of agriculture practices, which includes animal production and crop operations. The bill applies to job applicants who are hired under false pretenses and addresses individuals who alter property, take by theft or authorized recording from the facilities. [3/2: Short form (Johnson, Kibbie excused)]

SSB 1127 transfers the Agricultural Development Authority to the Iowa Department of Agriculture and Land Stewardship. The Iowa Treasurer of State is replaced by the Iowa Secretary of Agriculture. [3/2: Short form (Johnson, Kibbie excused)]

SSB 1128 relates to preferred stock issued by cooperative associations. It eliminates a requirement that the stock’s dividends cannot earn more than 8 percent per annum. [3/2: Short form (Johnson, Kibbie excused)]

SSB 1129 transfers egg handling from the Department of Inspections and Appeals to the Iowa Department of Agriculture and Land Stewardship, effective July 1, 2012. [3/2: Short form (Johnson, Kibbie excused)]

SSB 1131 transfers milk/dairy certification from the Department of Public Health to the Iowa Department of Agriculture and Land Stewardship. It appropriates $189,196 and 2 FTEs from the IDPH to IDALS. Currently, IDALS is responsible for dairy inspection across the state. Public Health Ratings Survey Officers in the IDPH survey inspections that IDALS has completed to make sure the inspections are completed following guidelines and the Pasteurized Milk Ordinance. With this move, the survey will continue in order to maintain food safety and commerce, but will be housed in one department within state government. [3/2: Short form (Johnson, Kibbie excused)]

SSB 1179 creates an initiative related to the production, processing and marketing of local foods. This initiative is implemented by a local food and farm program council, which is comprised of members from both the private and public sectors and a program coordinator established in IDALS but housed in a Regents institution under a cost-sharing agreement. The purpose of the program is to provide education and to improve communication between government and private-sector firms. In developing the program, the coordinator must consider the implementation of feasible recommendations contained in the Leopold Center’s Iowa Local Food and Farm Plan. The bill appropriates $150,000 and 1 FTE for the coordinator to IDALS and $100,000 and 1 FTE for IDALS Farm to School program. [3/2: Short form (Johnson, Kibbie excused)]

SSB 1180 is a shell bill relating to the emergency feeding of livestock. [3/2: Short form (Johnson, Kibbie excused)]