Bill Text: IA HF2528 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act providing for a best farming practices disclosure form to be completed, signed, and filed by the parties to a farm lease, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-23 - Introduced, referred to Agriculture. H.J. 394. [HF2528 Detail]
Download: Iowa-2021-HF2528-Introduced.html
House
File
2528
-
Introduced
HOUSE
FILE
2528
BY
ISENHART
A
BILL
FOR
An
Act
providing
for
a
best
farming
practices
disclosure
form
1
to
be
completed,
signed,
and
filed
by
the
parties
to
a
farm
2
lease,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
161A.3,
Code
2022,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
8A.
“Farm
lease”
means
an
oral
or
written
3
lease
including
a
lease
described
in
chapter
562,
if
all
of
the
4
following
apply:
5
a.
The
land
subject
to
the
lease
is
to
be
used
for
farming,
6
regardless
of
whether
lease
payments
are
on
a
fixed
rent,
7
commodity
share,
or
other
basis.
8
b.
A
soil
and
water
conservation
practice
could
be
9
established
on
the
land
using
cost-share
moneys
allocated
10
under
section
161A.73,
regardless
of
whether
the
commissioners
11
considered
allocating
cost-share
moneys
to
establish
a
soil
and
12
water
conservation
practice
on
the
land.
13
NEW
SUBSECTION
.
15.
“Water
quality
practice”
means
any
14
practice
that
limits
sediment
or
nutrients
from
being
conveyed
15
by
surface
water
runoff
or
leaching,
as
identified
in
the
Iowa
16
nutrient
reduction
strategy
as
defined
in
section
455B.171.
17
Sec.
2.
NEW
SECTION
.
161A.67
Farm
lease
——
best
farming
18
practices
disclosure
form.
19
1.
Before
entering
into
a
farm
lease,
the
parties
to
20
that
lease
shall
complete
and
sign
a
best
farming
practices
21
disclosure
form
which
shall
be
deemed
to
be
an
addendum
to
the
22
farm
lease.
23
2.
The
best
farming
practices
disclosure
form
shall
include
24
all
of
the
following:
25
a.
A
description
of
erosion
control
practices,
soil
and
26
water
conservation
practices,
and
water
quality
practices
as
27
approved
by
the
committee
and
established
by
rules
adopted
by
28
the
department.
29
b.
A
statement
that
the
parties
to
the
farm
lease
have
30
elected
to
include
or
not
to
include
any
of
the
practices
31
described
in
paragraph
“a”
as
part
of
the
farm
lease.
32
3.
The
parties
may
use
a
best
farming
practices
disclosure
33
form
prepared
by
the
parties
or
any
other
person,
if
the
form
34
satisfies
the
requirements
of
the
commissioners
of
the
district
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where
the
statement
is
filed.
However,
the
committee
shall
1
adopt
a
model
best
farming
practices
disclosure
form
that
may
2
be
filed
in
any
district.
The
commissioners
shall
not
file
3
a
best
farming
practices
disclosure
form
unless
it
has
been
4
completed
and
signed
by
the
parties.
The
filed
best
farming
5
practices
disclosure
form
shall
continue
until
the
termination
6
of
the
farm
lease
unless
the
parties
otherwise
agree.
7
4.
a.
If
the
farm
lease
covers
farmland
located
in
more
8
than
one
district,
the
requirements
of
this
section
are
9
satisfied
if
the
best
farming
practices
disclosure
form
has
10
been
filed
with
the
commissioners
of
any
of
those
districts.
11
The
commissioners
of
the
district
where
the
farmland
is
located
12
shall
notify
the
commissioners
of
the
other
districts
of
the
13
filing.
14
b.
If
a
best
farming
practices
disclosure
form
has
not
been
15
filed
with
the
commissioners
of
any
district
where
the
farmland
16
is
located
within
thirty
days
after
the
lease
has
been
entered
17
into
by
the
parties,
the
commissioners
of
that
district
shall
18
send
a
written
warning
to
the
parties
by
ordinary
mail
stating
19
that
the
form
must
be
completed
and
signed
by
the
parties,
and
20
filed
as
provided
in
this
section,
within
thirty
days
of
the
21
date
that
the
warning
was
delivered.
22
c.
If
a
best
farming
practices
disclosure
form
has
not
23
been
filed
with
the
commissioners
of
the
district
thirty
days
24
after
the
delivery
of
the
warning
described
in
paragraph
“b”
,
25
the
commissioners
shall
report
that
fact
to
the
division,
26
and
the
division
shall
recommend
to
the
committee
that
the
27
committee
impose
a
civil
penalty
on
one
or
both
parties.
The
28
committee
may
order
one
or
both
parties
to
pay
a
civil
penalty
29
for
the
amount
recommended
by
the
division
or
a
different
30
amount.
However,
a
party
shall
not
pay
a
civil
penalty
of
more
31
than
five
hundred
dollars
for
failing
to
file
a
best
farming
32
practices
disclosure
form.
The
moneys
shall
be
collected
by
33
the
department
and
deposited
into
the
conservation
practices
34
revolving
loan
fund
established
pursuant
to
section
161A.71.
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5.
This
section
does
not
authorize
the
commissioners
of
a
1
district
or
the
department
to
enforce
a
provision
in
a
farm
2
lease
or
a
best
farming
practices
disclosure
form.
3
Sec.
3.
Section
161A.71,
subsection
1,
Code
2022,
is
amended
4
to
read
as
follows:
5
1.
The
division
may
shall
establish
a
conservation
6
practices
revolving
loan
fund
composed
of
any
money
7
appropriated
by
the
general
assembly
for
that
purpose,
moneys
8
collected
from
civil
penalties
imposed
pursuant
to
section
9
161A.67,
and
of
any
other
moneys
available
to
and
obtained
10
or
accepted
by
the
committee
from
the
federal
government
11
or
private
sources
for
placement
in
that
fund.
Except
12
as
otherwise
provided
by
subsection
3
,
the
assets
of
the
13
conservation
practices
revolving
loan
fund
shall
be
used
only
14
to
make
loans
directly
to
owners
of
land
in
this
state
for
the
15
purpose
of
establishing
on
that
land
any
new
permanent
soil
16
and
water
conservation
practice
which
the
commissioners
of
17
the
soil
and
water
conservation
district
in
which
the
land
is
18
located
have
found
is
necessary
or
advisable
to
meet
the
soil
19
loss
limits
established
for
that
land.
A
loan
shall
not
be
20
made
for
establishing
a
permanent
soil
and
water
conservation
21
practice
on
land
that
is
subject
to
the
restriction
on
state
22
cost-sharing
funds
of
section
161A.76
.
Revolving
loan
funds
23
and
public
cost-sharing
funds
may
be
used
in
combination
for
24
funding
a
particular
soil
and
water
conservation
practice.
25
Each
loan
made
under
this
section
shall
be
for
a
period
not
26
to
exceed
ten
years,
shall
bear
no
interest,
and
shall
be
27
repayable
to
the
conservation
practices
revolving
loan
fund
in
28
equal
yearly
installments
due
March
1
of
each
year
the
loan
is
29
in
effect.
The
interest
rate
upon
loans
for
which
payment
is
30
delinquent
shall
accelerate
immediately
to
the
current
legal
31
usury
limit.
Applicants
are
eligible
for
no
more
than
twenty
32
thousand
dollars
in
loans
outstanding
at
any
time
under
this
33
program.
“Permanent
soil
and
water
conservation
practices”
34
has
the
same
meaning
as
defined
in
section
161A.42
and
those
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established
under
this
program
are
subject
to
the
requirements
1
of
section
161A.7,
subsection
3
.
Loans
made
under
this
program
2
shall
come
due
for
payment
upon
sale
of
the
land
on
which
those
3
practices
are
established.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
amends
the
“soil
conservation
districts
law”
(Code
8
chapter
161A)
administered
by
the
division
of
soil
conservation
9
and
water
quality
(division)
which
is
part
of
the
department
10
of
agriculture
and
land
stewardship
(DALS)
with
the
state
soil
11
conservation
and
water
quality
committee
(committee)
housed
12
within
DALS
(Code
section
161A.4).
The
state
is
divided
into
13
100
soil
and
water
conservation
districts
(districts)
with
each
14
district
governed
by
a
group
of
five
elected
commissioners
15
(Code
section
161A.5).
16
The
bill
provides
that
before
entering
into
a
farm
lease,
17
the
parties
to
that
lease
must
complete
and
sign
a
best
farming
18
practices
disclosure
form
(form)
to
be
part
of
the
lease
as
19
an
addendum.
The
form
must
include
a
description
of
erosion
20
control
practices,
soil
and
water
conservation
practices,
21
and
water
quality
practices
as
approved
by
the
committee
and
22
established
by
rules
adopted
by
DALS.
The
form
must
then
be
23
filed
with
the
commissioners
of
the
district
where
the
land
24
is
located
and
continues
in
effect
until
the
farm
lease
is
25
terminated
unless
otherwise
agreed
by
the
parties.
The
bill
26
provides
for
the
enforcement
of
the
filing
requirement.
The
27
commissioners
must
deliver
a
written
warning
to
the
parties
28
providing
the
parties
30
days
to
comply.
If
the
parties
do
not
29
comply
with
the
filing
requirement,
the
commissioners
report
30
that
fact
to
the
division
which
recommends
an
enforcement
31
action
to
the
committee.
A
party
cannot
pay
a
civil
penalty
of
32
more
than
$500
for
failing
to
file
a
form.
Moneys
collected
by
33
DALS
are
deposited
into
the
conservation
practices
revolving
34
loan
fund
(Code
section
161A.71).
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