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Senate
File
429
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Introduced
SENATE
FILE
429
BY
SWEENEY
A
BILL
FOR
An
Act
providing
for
a
pilot
program
to
reduce
the
use
of
1
commercial
nitrogen-based
fertilizers
to
produce
crops,
and
2
making
appropriations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
466B.51
Definitions.
1
As
used
in
this
subchapter,
unless
the
context
otherwise
2
requires:
3
1.
“Commercial
fertilizer”
means
the
same
as
defined
in
4
section
200.3.
5
2.
“Commercial
nitrogen-based
fertilizer”
means
a
commercial
6
fertilizer
containing
at
least
twenty-five
percent
total
7
nitrogen.
8
3.
“Division”
means
the
division
of
soil
conservation
and
9
water
quality
created
within
the
department
of
agriculture
and
10
land
stewardship
pursuant
to
section
159.5.
11
4.
“Fund”
means
the
innovative
nutrient
incorporation
12
incentive
pilot
program
fund
created
in
section
466B.55.
13
5.
“Producer”
means
a
person
actively
engaged
in
farming
14
agricultural
land
as
those
terms
are
defined
in
section
9H.1.
15
6.
“Program”
means
the
innovative
nutrient
incorporation
16
incentive
pilot
program
created
pursuant
to
section
466B.52.
17
7.
a.
“Qualifying
crop
production
product”
means
a
18
commercially
available
product
that,
when
applied
to
cropland
19
in
conjunction
with
or
as
an
alternative
to
a
commercial
20
fertilizer,
cost-effectively
promotes
optimum
plant
growth
in
a
21
manner
that
best
reduces
nitrogen
as
a
nonpoint
source
of
water
22
pollution.
23
b.
“Qualifying
crop
production
product”
includes
but
is
not
24
limited
to
a
soil
conditioner
with
nitrogen-fixing
properties,
25
biological
sources
of
nitrogen,
and
biofertilizers
that
improve
26
efficiencies
in
nitrogen
management
practices.
27
8.
“Soil
conditioner”
means
the
same
as
defined
in
section
28
200.3.
29
Sec.
2.
NEW
SECTION
.
466B.52
Innovative
nutrient
30
incorporation
incentive
pilot
program
——
creation
and
goal.
31
1.
An
innovative
nutrient
incorporation
incentive
pilot
32
program
is
created.
33
2.
a.
The
goal
of
the
program
is
to
encourage
farmers
to
34
best
optimize
commercial
nitrogen-based
fertilizer
rates
and,
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where
appropriate,
determine
how
commercial
nitrogen-based
1
fertilizer
application
rates
can
be
reduced
by
the
threshold
2
limit
of
the
lesser
of
fifteen
percent
or
thirty
pounds
per
3
acre
by
incorporating
identifiable
cost-effective
qualifying
4
crop
production
products.
5
b.
The
division
may
reevaluate
and
revise
the
goal
of
6
the
program
after
determining
that
commercial
nitrogen-based
7
fertilizer
application
rates
can
be
efficiently
reduced
more
8
than
the
threshold
limit
described
in
paragraph
“a”
.
9
Sec.
3.
NEW
SECTION
.
466B.53
Program
administration.
10
1.
The
program
shall
be
administered
by
the
division
of
soil
11
conservation
and
water
quality.
12
2.
The
division
may
adopt
rules
as
provided
in
chapter
17A
13
to
administer
this
subchapter.
14
3.
In
administering
the
program,
the
division
may
do
any
of
15
the
following:
16
a.
Contract
with
another
party,
including
a
private
person,
17
to
develop,
implement,
and
manage
any
part
of
the
program
18
subject
to
the
division’s
direction
and
supervision.
19
b.
Cooperate
with
any
interested
organization
to
the
extent
20
that
the
interested
organization
elects
to
cooperate
with
the
21
division.
22
Sec.
4.
NEW
SECTION
.
466B.54
Program
requirements.
23
1.
Each
year,
the
division
shall
select
qualified
producers
24
to
participate
in
the
program
according
to
criteria
established
25
by
the
division.
In
selecting
qualified
producers,
the
26
division
shall
consider
applicants
actively
engaged
in
growing
27
field
crops
in
all
regions
of
the
state.
A
selected
producer
28
may
reapply
to
participate
in
the
program
each
year
that
the
29
program
continues.
30
2.
The
division
shall
approve
the
use
of
qualifying
crop
31
production
products
and
application
methods
according
to
label
32
instructions
and
standards
established
by
the
division.
33
3.
A
selected
producer
using
qualifying
crop
production
34
products
must
keep
records
as
required
by
the
division
that
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document
application
methods,
timing,
and
results
as
part
of
1
the
selected
producer’s
crop
fertility
plan.
2
4.
The
division
may
award
a
selected
producer
an
incentive
3
payment
for
each
acre
that
the
selected
producer
applies
4
qualifying
crop
production
products
to
meet
the
goal
provided
5
in
section
466B.52.
The
total
amount
of
an
award
shall
6
not
be
less
than
five
dollars
for
each
acre
used
to
apply
7
the
qualifying
crop
production
products.
Before
selecting
8
qualified
producers
each
year,
the
division
may
adjust
9
the
amount
of
the
payment
based
on
the
number
of
selected
10
producers,
the
availability
of
moneys,
the
rate
of
inflation,
11
more
cost-effective
technologies,
or
less
expensive
qualifying
12
crop
production
products.
13
Sec.
5.
NEW
SECTION
.
466B.55
Innovative
nutrient
14
incorporation
incentive
pilot
program
fund.
15
1.
An
innovative
nutrient
incorporation
incentive
pilot
16
program
fund
is
created
in
the
state
treasury
under
the
17
management
and
control
of
the
division.
18
2.
The
fund
shall
include
moneys
appropriated
by
the
general
19
assembly.
The
fund
may
include
other
moneys
available
to
and
20
obtained
or
accepted
by
the
division,
including
moneys
from
21
public
or
private
sources.
22
3.
Moneys
in
the
fund
are
appropriated
to
the
division
and
23
shall
be
used
exclusively
to
carry
out
the
provisions
of
this
24
subchapter
as
determined
by
the
division.
25
4.
a.
Notwithstanding
section
12C.7,
interest
or
earnings
26
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
27
b.
Notwithstanding
section
8.33,
unencumbered
and
28
unobligated
moneys
in
the
fund
shall
not
revert
but
shall
29
remain
available
for
expenditure
for
the
purposes
designated.
30
5.
Any
unencumbered
or
unobligated
moneys
in
the
fund
upon
31
repeal
of
this
subchapter
pursuant
to
section
466B.59
shall
be
32
transferred
to
the
Iowa
nutrient
research
fund
created
pursuant
33
to
section
466B.46.
34
Sec.
6.
NEW
SECTION
.
466B.56
Appropriation.
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For
the
fiscal
year
beginning
July
1,
2025,
and
ending
1
June
30,
2026,
and
for
each
fiscal
year
thereafter,
there
is
2
appropriated
from
the
general
fund
of
the
state
to
the
fund
the
3
amount
of
two
million
dollars.
4
Sec.
7.
NEW
SECTION
.
466B.57
Innovative
nutrient
5
incorporation
incentive
pilot
program
report.
6
On
or
before
January
15,
2029,
the
division
shall
prepare
7
and
deliver
to
the
governor
and
general
assembly
an
innovative
8
nutrient
incorporation
incentive
pilot
program
report
regarding
9
the
status
of
the
program,
together
with
any
findings
and
10
recommendations
regarding
how
producers
in
this
state
may
best
11
utilize
qualifying
crop
production
products.
12
Sec.
8.
NEW
SECTION
.
466B.58
Confidentiality.
13
Any
information
received,
collected,
or
held
under
this
14
subchapter
is
a
confidential
record
as
provided
in
section
15
22.7,
if
the
information
identifies
any
of
the
following:
16
1.
A
person
who
holds
a
legal
interest
in
the
cropland
used
17
in
conducting
the
program
or
who
has
previously
held
a
legal
18
interest
in
that
cropland.
19
2.
A
person
who
is
involved
in
managing
the
cropland
used
20
in
conducting
the
program
or
who
has
previously
managed
that
21
cropland.
22
3.
The
identifiable
location
of
the
cropland
used
in
23
conducting
the
program.
24
Sec.
9.
NEW
SECTION
.
466B.59
Repeal.
25
This
subchapter
is
repealed
December
31,
2030.
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
Code
chapter
466B,
which
includes
30
a
number
of
subchapters
that
provide
programs
to
improve
31
surface
water
quality.
The
bill
creates
a
new
subchapter
32
requiring
the
division
of
soil
conservation
and
water
quality
33
(division)
created
within
the
department
of
agriculture
and
34
land
stewardship
to
develop,
implement,
and
administer
an
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innovative
nutrient
incorporation
incentive
pilot
program
1
(program).
2
PROGRAM
GOAL.
The
bill
provides
that
the
goal
of
the
3
program
is
to
encourage
producers
to
produce
crops
in
a
manner
4
that
optimizes
commercial
nitrogen-based
fertilizer
rates
5
and
reduces
commercial
nitrogen-based
fertilizer
application
6
rates
by
a
threshold
limit
of
the
lesser
of
15
percent
or
30
7
pounds
per
acre
by
incorporating
identifiable
cost-effective
8
qualifying
crop
production
products.
9
PROGRAM
ADMINISTRATION.
The
bill
provides
that
the
division
10
may
administer
the
program
by
contracting
with
another
party
11
and
may
cooperate
with
interested
organizations.
The
division
12
is
required
to
select
qualified
producers
each
year
to
13
participate
in
the
program
and
may
award
a
selected
producer
14
an
incentive
payment
for
each
acre
that
the
selected
producer
15
applies
qualifying
crop
production
products
to
meet
the
program
16
goal.
17
PROGRAM
FUND
AND
APPROPRIATIONS.
The
bill
creates
an
18
innovative
nutrient
incorporation
incentive
pilot
program
19
fund
(fund).
For
the
fiscal
year
beginning
July
1,
2025,
and
20
ending
June
30,
2026,
and
for
each
subsequent
fiscal
year
until
21
the
fiscal
year
ending
June
30,
2030,
an
appropriation
of
$2
22
million
is
made
from
the
general
fund
to
support
the
program
23
each
fiscal
year
until
the
fund’s
repeal.
24
PROGRAM
REPORT.
The
bill
requires
the
division
to
submit
25
an
innovative
nutrient
incorporation
incentive
pilot
program
26
report
(report)
to
the
governor
and
general
assembly
on
or
27
before
January
15,
2029.
The
report
must
discuss
the
status
of
28
the
program
and
include
recommendations
regarding
how
producers
29
may
reduce
commercial
nitrogen-based
fertilizer
application
30
rates.
31
CONFIDENTIALITY.
The
bill
provides
that
certain
information
32
received
by
the
division
in
conducting
the
program
is
33
confidential,
including
information
that
identifies
persons
34
participating
in
the
program
or
the
location
of
cropland
used
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in
conducting
the
program.
1
REPEAL.
The
bill
repeals
the
subchapter
that
provides
for
2
the
program
on
December
31,
2030.
Unencumbered
or
unobligated
3
moneys
remaining
in
the
fund
upon
repeal
are
transferred
to
the
4
Iowa
nutrient
research
fund
(Code
section
466B.46).
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