Read the full stored bill text
House
File
2529
-
Introduced
HOUSE
FILE
2529
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
684)
A
BILL
FOR
An
Act
providing
for
the
repair
of
a
diesel
exhaust
fluid
1
system
that
is
part
of
farm
equipment,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
322E.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Authorized
repair
provider”
means
a
person
other
than
an
4
original
farm
equipment
manufacturer
with
whom
the
manufacturer
5
has
entered
into
an
oral
or
written
agreement
for
a
definite
6
or
indefinite
period,
if
the
manufacturer
grants
to
the
7
person
a
license
to
use
a
trade
name,
service
mark,
or
related
8
characteristic
for
the
purposes
of
offering
repair
services
9
under
the
name
of
the
manufacturer.
10
2.
“Diesel
exhaust
fluid”
means
the
same
as
defined
in
40
11
C.F.R.
§1036.801.
12
3.
“Diesel
exhaust
fluid
system”
or
“system”
means
a
system
13
that
utilizes
diesel
exhaust
fluid
as
part
of
a
selective
14
catalytic
reduction
process
that
is
operated
by
one
or
more
15
digital
electronic
components.
16
4.
“Digital
electronic
component”
means
an
item
containing
17
an
integrated
circuit,
if
manufactured
as
part
of
a
diesel
18
exhaust
fluid
system
that
is
integrated
into
farm
equipment.
19
5.
a.
“Embedded
software”
means
programmable
instructions
20
provided
on
firmware
delivered
with
digital
electronic
21
components
for
the
purposes
of
operating
a
diesel
exhaust
fluid
22
system
integrated
into
farm
equipment,
including
all
relevant
23
patches
and
fixes
made
by
the
original
equipment
manufacturer.
24
b.
“Embedded
software”
includes
but
is
not
limited
to
an
25
internal
operating
system,
a
machine
code,
an
assembly
code,
a
26
root
code,
or
a
microcode.
27
6.
“Farm
equipment”
means
a
type
of
diesel-powered
motorized
28
equipment
that
is
designed
or
adapted
and
used
exclusively
for
29
the
production
of
agricultural
commodities,
including
a
crop
30
as
defined
in
section
202.1
or
livestock
as
defined
in
section
31
717.1.
32
7.
“Firmware”
means
a
software
program
or
set
of
33
instructions
programmed
on
a
hardware
device
to
allow
the
34
device
to
communicate
with
other
computer
hardware.
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8.
“Interest
holder”
means
a
person
who
holds
a
legal
1
interest
in
farm
equipment
that
includes
a
diesel
exhaust
fluid
2
system,
if
the
person
is
the
owner,
lessee,
or
licensee
of
a
3
digital
electronic
component
that
operates
a
diesel
exhaust
4
fluid
system
integrated
into
the
farm
equipment.
5
9.
“Original
farm
equipment
manufacturer”
or
“manufacturer”
6
means
a
person
who,
in
the
ordinary
course
of
business,
is
7
engaged
in
the
business
of
doing
all
of
the
following:
8
a.
Manufacturing
and
assembling
parts
of
new
farm
equipment
9
for
sale
or
lease,
if
the
new
farm
equipment
includes
a
diesel
10
exhaust
fluid
system.
11
b.
Providing
items
and
documentation
for
servicing,
12
maintaining,
or
repairing
a
diesel
exhaust
fluid
system
that
13
is
integrated
into
the
new
farm
equipment,
including
providing
14
replacement
parts.
15
10.
“Replacement
part”
means
a
part
of
a
digital
electronic
16
component
that
is
an
element
of
a
diesel
exhaust
fluid
system
17
integrated
into
farm
equipment,
if
the
part
is
manufactured
18
to
perform
the
same
or
a
similar
function
as
the
part
being
19
replaced,
and
the
part
restores
digital
electronic
components
20
to
an
operational
condition
or
improves
the
efficiency
or
21
capability
of
the
digital
electronic
components.
22
11.
“Trade
secret”
means
anything
tangible
or
intangible
23
or
electronically
stored
or
kept
that
constitutes,
represents,
24
evidences,
or
records
intellectual
property,
including
25
secret
or
confidentially
held
designs,
processes,
procedures,
26
formulas,
inventions,
or
improvements;
secret
or
confidentially
27
held
scientific,
technical,
merchandising,
production,
28
financial,
business,
or
management
information;
or
any
other
29
trade
secret
as
defined
in
18
U.S.C.
§1839.
30
Sec.
2.
NEW
SECTION
.
322E.2
Rulemaking
authority.
31
The
attorney
general
shall
adopt
rules
pursuant
to
chapter
32
17A
to
administer
this
chapter.
33
Sec.
3.
NEW
SECTION
.
322E.3
Enforcement
authority.
34
1.
The
attorney
general
shall
enforce
this
chapter,
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including
rules
adopted
under
this
chapter.
1
2.
A
district
court
may
prevent
and
restrain
a
violation
2
of
this
chapter
through
the
issuance
of
an
injunction.
The
3
attorney
general
or
a
county
attorney
shall
institute
suits
on
4
behalf
of
the
state
to
prevent
and
restrain
violations
of
this
5
chapter.
6
Sec.
4.
NEW
SECTION
.
322E.4
Application.
7
1.
This
chapter
shall
not
be
construed
to
require
an
8
original
equipment
manufacturer
to
divulge
a
trade
secret.
9
2.
a.
Except
as
provided
in
paragraph
“b”
,
this
chapter
10
shall
not
abrogate,
interfere
with,
contradict,
or
alter
11
the
terms
of
any
agreement
executed
by
an
interest
holder
12
and
another
party
relating
to
farm
equipment,
including
13
performance,
a
warranty,
or
recall
repair
work.
14
b.
A
provision
in
an
agreement
entered
into
by
an
interest
15
holder
and
another
party
that
waives,
limits,
or
disclaims
the
16
rights
set
forth
in
this
chapter
is
void
as
contrary
to
public
17
policy.
18
3.
This
chapter
shall
not
require
an
original
farm
equipment
19
manufacturer
or
an
authorized
repair
provider
to
provide
20
an
interest
holder
access
to
nondiagnostic
or
nonrepair
21
information
provided
by
the
manufacturer
to
the
authorized
22
repair
provider
pursuant
to
the
terms
of
an
agreement.
23
Sec.
5.
NEW
SECTION
.
322E.5
Terms
and
conditions
of
use
——
24
diagnostic
and
repair
information.
25
1.
a.
An
original
farm
equipment
manufacturer
shall
make
26
diagnostic
and
repair
information
regarding
the
operation
of
27
a
diesel
exhaust
fluid
system,
including
technical
updates
28
and
embedded
software
updates
and
corrections,
available
to
29
any
interest
holder
for
no
charge
or
in
the
same
manner
as
30
the
manufacturer
makes
such
diagnostic
and
repair
information
31
available
to
the
manufacturer’s
authorized
repair
providers
32
doing
business
in
the
same
region
as
the
interest
holder
when
33
using
the
farm
equipment.
34
b.
The
original
farm
equipment
manufacturer
is
not
required
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to
make
the
diagnostic
and
repair
information
available
in
a
1
print
format.
2
2.
An
original
farm
equipment
manufacturer
shall
not
3
require
an
interest
holder
to
purchase
diagnostic
and
repair
4
information
regarding
the
operation
of
a
diesel
exhaust
fluid
5
system
if
the
manufacturer
sells
the
diagnostic
and
repair
6
information
to
the
manufacturer’s
authorized
repair
providers
7
on
terms
that
are
more
favorable
than
the
terms
offered
to
the
8
interest
holder.
9
Sec.
6.
NEW
SECTION
.
322E.6
Terms
and
conditions
of
use
——
10
replacement
parts
and
diagnostic
and
repair
tools.
11
1.
a.
An
original
farm
equipment
manufacturer
shall
make
12
available
for
purchase
by
an
interest
holder
a
replacement
part
13
necessary
to
operate
a
diesel
exhaust
fluid
system
to
the
same
14
extent
that
the
manufacturer
makes
available
the
same
digital
15
electronic
component
to
an
authorized
repair
provider
doing
16
business
in
the
same
region
as
the
interest
holder
when
using
17
the
farm
equipment.
18
b.
The
terms
and
conditions
of
the
purchase
described
in
19
paragraph
“a”
shall
be
fair
and
reasonable
according
to
criteria
20
provided
in
rules
adopted
by
the
attorney
general.
The
21
criteria
may
be
based
on
the
terms
and
conditions
of
agreements
22
entered
into
by
the
original
farm
equipment
manufacturer
and
23
authorized
repair
providers
doing
business
in
the
same
region
24
as
the
interest
holder
when
using
the
farm
equipment.
25
2.
a.
An
original
farm
equipment
manufacturer
shall
make
26
available
for
purchase
by
an
interest
holder
a
diagnostic
27
repair
tool
necessary
to
operate
a
diesel
exhaust
fluid
system
28
to
the
same
extent
that
the
manufacturer
makes
available
29
the
diagnostic
repair
tool
to
an
authorized
repair
provider
30
doing
business
in
the
same
region
as
the
interest
holder
31
when
using
the
farm
equipment.
The
diagnostic
repair
tool
32
shall
incorporate
the
same
diagnostic,
repair,
and
remote
33
communications
capabilities
that
the
manufacturer
makes
34
available
to
the
repair
or
engineering
personnel
employed
by
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the
manufacturer
or
to
any
authorized
repair
provider.
1
b.
The
terms
and
conditions
of
the
purchase
described
in
2
paragraph
“a”
shall
be
fair
and
reasonable
according
to
criteria
3
provided
in
rules
adopted
by
the
attorney
general.
The
4
criteria
may
be
based
on
the
terms
and
conditions
of
agreements
5
entered
into
by
the
original
farm
equipment
manufacturer
and
6
authorized
repair
providers
doing
business
in
the
same
region
7
as
the
interest
holder
when
using
the
farm
equipment.
8
3.
The
original
farm
equipment
manufacturer
shall
not
9
condition
the
availability
of
a
replacement
part
described
10
in
subsection
1
or
a
diagnostic
repair
tool
described
in
11
subsection
2
on
a
requirement
that
a
replacement
part
or
12
diagnostic
repair
tool
be
registered,
paired
with,
or
approved
13
by
the
manufacturer
or
an
authorized
repair
provider
before
14
the
replacement
part
or
diagnostic
repair
tool
is
used.
The
15
manufacturer
shall
not
impose
any
additional
cost
or
burden
16
that
is
not
reasonably
necessary
or
that
may
unreasonably
17
impede
the
interest
holder.
18
Sec.
7.
NEW
SECTION
.
322E.7
Unfair
or
deceptive
trade
19
practice.
20
An
original
farm
equipment
manufacturer
who
violates
this
21
chapter
commits
an
unfair
or
deceptive
trade
practice
as
22
provided
in
section
714.16,
subsection
2,
paragraph
“a”
.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
restricts
certain
practices
by
an
original
farm
27
equipment
manufacturer
(manufacturer),
if
the
manufacturer
28
sells
diesel-powered
farm
equipment
integrated
with
a
diesel
29
exhaust
fluid
(DEF)
system
operated
by
digital
electronic
30
components
designed
to
reduce
certain
emissions
(nitrogen
31
oxides)
under
regulations
promulgated
by
the
United
States
32
environmental
protection
agency
(see
40
C.F.R.
§1065.735).
The
33
bill
provides
for
circumstances
in
which
farm
equipment
is
34
subject
to
repair
due
to
a
fault
in
the
DEF
system.
The
bill
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provides
that
a
manufacturer
must
make
certain
items
related
to
1
the
DEF
system
available
to
a
person
holding
a
legal
interest
2
in
the
farm
equipment
(interest
holder)
in
the
same
manner
3
and
to
the
same
extent
as
the
manufacturer
makes
such
items
4
available
to
the
manufacturer’s
authorized
repair
providers
5
doing
business
in
the
same
region
as
the
interest
holder.
The
6
items
include
diagnostic
and
repair
information,
including
7
technical
updates,
replacement
parts,
and
diagnostic
repair
8
tools.
A
manufacturer
is
not
required
to
provide
a
replacement
9
part
that
is
no
longer
available
to
the
manufacturer.
The
10
bill
does
not
require
a
manufacturer
to
divulge
a
trade
secret
11
and
the
manufacturer
cannot
abrogate
warranty
provisions.
A
12
provision
in
an
agreement
that
is
entered
into
by
an
interest
13
holder
that
waives
a
right
provided
in
the
bill
is
void.
The
14
attorney
general
is
responsible
for
enforcing
the
provisions
15
of
the
bill
and
is
required
to
adopt
rules
necessary
to
16
implement
the
bill’s
provisions.
A
violation
of
the
bill
by
17
a
manufacturer
is
considered
an
unfair
or
deceptive
trade
18
practice.
The
attorney
general
or
county
attorney
may
bring
19
a
civil
action
against
the
manufacturer,
including
by
seeking
20
injunctive
relief
or
by
asking
a
court
to
impose
a
civil
21
penalty
not
to
exceed
$40,000
per
violation.
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