Proyectos de ley › 89.ª Asamblea General
SSB 3095
Temas:AgriculturePFAS & chemicals
La misma legislación: HSB 673, SF 2230, HF 2439, HF 2572, HF 2581
Dónde está ahora
- Hecho: Presentado3 de febrero de 2022
- Hecho: Subcomité3 de febrero de 2022
- Hecho: Comité del Senado8 de febrero de 2022
- Se saltó: Lo aprueba el SenadoSigue como SF 2230
- Sigue: Comité de la Cámara
- Sigue: Lo aprueba la Cámara
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es SF 2230 → Sigue avanzando con el número nuevo. Ir a SF 2230 ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA The Department of Agriculture and Land Stewardship will create a "Choose Iowa" program that uses a special logo to help people identify food made from Iowa farm products. This bill also updates rules for pesticide users and changes how different types of fuels, like ethanol and biodiesel, are labeled and classified at gas stations. Additionally, it adjusts the minimum octane rating for premium gasoline and updates the legal terms used for certain violations. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
GENERAL. This bill provides for programs and regulations administered and enforced by the department of agriculture and land stewardship (DALS). CHOOSE IOWA PROMOTIONAL PROGRAM.20).29). DALS is provided discretion to further define what constitutes an Iowa farm and describe how an agricultural commodity originates on an Iowa farm. CHOOSE IOWA LOGO. As part of the program, DALS may establish a choose Iowa logo (logo) to identify a food item originating as an agricultural commodity produced on an Iowa farm. DALS may register the logo as a mark with the secretary of state. DALS may also register the logo as a trademark with the United States patent and trademark office or as a copyright with the United States copyright office.30). CHOOSE IOWA PROMOTIONAL PROGRAM —— LICENSING AGREEMENTS AND FEES. _____ with a person who applies to use the logo. An agreement cannot be for more than five years. DALS must evaluate and approve or disapprove applications based on criteria established by rule. DALS may also establish application and license fees by rule. CHOOSE IOWA FUND. A choose Iowa fund (fund) is established in the state treasury under DALS’ management and control. The fund includes moneys that DALS collects in fees or otherwise receives, including by appropriation or gift. DALS must use the moneys exclusively to carry out the provisions of the bill. PESTICIDE REGULATION.1) which in part regulates commercial and private applicators.6).5).19). The Act provided that the amount for each violation committed by a commercial applicator or private applicator cannot exceed $500 for each violation. The bill amends the provision by changing the term from “violation” back to “offense”. MOTOR FUEL REGULATION —— BACKGROUND. DALS regulates persons advertising for sale or selling motor fuel on a wholesale or retail basis (Code chapter 214A) as well as motor fuel infrastructure used to store and dispense motor fuel at a retail motor fuel site owned or operated by a retail dealer and, in particular, metered motor fuel pumps located at a retail motor fuel site (Code chapter 214).2A) as well as their respective components. A biofuel is a component used to formulate a motor fuel and is closely associated with formulations of both gasoline and diesel fuel. A renewable fuel is a term which refers to either a biofuel or a motor fuel blended with a biofuel., derived from soybeans) used to produce biodiesel blended fuel. DALS establishes standards for these motor fuels and their components based on two outside sources of authority: (1) specifications recommended by ASTM international, a private globally recognized organization, and (2) requirements adopted by the United States environmental protection agency (EPA).1501(a)). DALS’ regulation of a renewable fuel depends upon its classification expressed as an abbreviation identifying the renewable fuel according to type followed by a number representing the biofuel percentage by volume usually measured by gallon.11Y). One special exception is E-85 gasoline which is based on a percentage range of between and percent by volume of ethanol. MOTOR FUEL REGULATION —— REVISION OF TERMS.1).2).31).16). MOTOR FUEL REGULATION —— DEPARTMENTAL STANDARDS.2(2)). For all three types of motor fuel, departmental standards may be based in part or in whole on ASTM international specifications, and may include successor specifications.2(3)).2(4)). MOTOR FUEL REGULATION —— CLASSIFICATIONS. The bill adds subclassifications for biofuels including for ethanol classified as E-100, biobutanol classified as Bu-100, and biodiesel classified as B-100. The bill also recognizes E-85 according to its revised percentage range, which is to percent. MOTOR FUEL REGULATION —— ADVERTISING.3). _____ The bill replaces a provision that prohibits a person from falsely advertising that a motor fuel is or is not a renewable fuel with a provision that prohibits a person from falsely advertising the classification of a renewable fuel., E-10), that identifies ethanol blended gasoline classified from E-11 to E-15, or that identifies dispensed diesel fuel as biodiesel blended fuel., E-85) or any classification of biobutanol blended gasoline. The bill does not affect federal labeling requirements. APPLICABLE PENALTIES. A person who violates a provision of Code chapter 214A is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. However, the state may initiative a substitute civil enforcement action as an administrative action by DALS or as a judicial proceeding by the attorney general upon referral by DALS.11).
Cambiado después por la enmienda H-8313; vea Enmiendas.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2
Senate subcommittee
Named February 3, 2022. On February 8, 2022 it recommended amendment and passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Resumen con IA This bill establishes a program to market Iowa-produced food, changes pesticide registration fees to a flat $300 per brand, and updates regulations for motor fuels and various agricultural boards. The fiscal impact of the marketing program cannot be determined, though House File 2560 provides a $500,000 General Fund appropriation to its new fund. Depending on future pesticide registrations, the fee change could increase Groundwater Protection Fund deposits by $390,000 if registrations are similar to fiscal year 2021, or decrease them by $320,000 if registrations are similar to the average of fiscal years 2016 through 2020. Other parts of the bill are not projected to have a fiscal impact. (en inglés)3
Lea la nota fiscal (en inglés)
Description
House File 2581 relates to various programs within the Iowa Department of Agriculture and Land Stewardship (IDALS). Table 4, at the end of this Fiscal Note, summarizes the fiscal impacts of the various Bill divisions.
Division I — Choose Iowa Promotional Program
Description
Division I establishes the Choose Iowa Promotional Program and the Choose Iowa Fund within the IDALS. The Program is designed to advertise and market food produced in Iowa. Under the Bill, the IDALS may create a Choose Iowa logo to identify foods produced in Iowa and may enter into licensing agreements with participants in the Program. The IDALS may establish by administrative rule criteria to participate in the Program and set a licensing fee for participants. The Division also creates the Choose Iowa Fund under the management of the IDALS. The Fund will include moneys collected from Choose Iowa licensing fees, moneys appropriated to the Choose Iowa Promotional Program by the General Assembly, and other funds accepted by the IDALS from public or private sources for the Program. All moneys in the Fund are appropriated to the IDALS and will be used to administer the Choose Iowa Promotional Program.
Assumptions
The IDALS may establish a licensing fee for the Choose Iowa Promotional Program, but the fee level and demand for the Program cannot be estimated at this time.
Fiscal Impact
The fiscal impact of Division I cannot be determined because future program participation and fee levels are unknown.
House File 2560 (Agriculture and Natural Resources Appropriations Bill) makes a General Fund appropriation of $500,000 to the Choose Iowa Fund created in this Division. Division II — Regulation of Pesticides
Description
Division II changes the registration fee for pesticides from 0.2% of gross sales within the State, with a minimum fee of $250 and a maximum fee of $3,000, to a flat fee of $300 for each pesticide brand and grade to be sold.
Background
All pesticides distributed, sold, or offered for sale in Iowa must be registered with the IDALS. The current pesticide registration fee is 0.2% of gross sales within the State, with a minimum fee of $250 and a maximum fee of $3,000 for each pesticide. Some pesticides are exempt from the registration fee under administrative rule adopted by the IDALS in 21 IAC 45.3. Pesticides may be exempt from the registration fee for the following reasons:
- The pesticide was registered in the previous year, total annual sales in Iowa were below $20,000, and no similar pesticides are registered in the State.
- The pesticide product is formulated or comprised of naturally occurring substances with an oral LD50 toxicity of 5,000 milligrams per kilogram or greater.
- Pesticides registered under the authority of Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for emergency, crisis, or public health quarantine situations, when the Secretary of Agriculture initiates the application.
- Pesticides registered under the authority of Section 24(c) of FIFRA when the Secretary of Agriculture initiates the application.
No pesticides were granted emergency exemptions in Iowa during FY 2021. Fifty dollars from each fee is deposited into the General Fund, and the remaining funds are placed in the Agriculture Management Account of the Groundwater Protection Fund (GWPF). Historical data from FY 2016 to FY 2021, including the total number of registered pesticide products and total revenue collected from fees, is shown in Table 1.
Table 1 — Pesticide Fee Revenues and Registrations
Assumptions
- Division II has no effect on General Fund revenue, as $50 from each $300 fee will still be deposited into the General Fund.
- FY 2021 is an outlier, as the number of registered products was 26.0% higher than the average number of registered products from FY 2016 to FY 2020. Because FY 2021 is an outlier, two potential fiscal impacts are reported, one assuming an average of registrations from FY 2016 to FY 2020 and one assuming registrations similar to FY 2021.
- The effect of Division II on the GWPF is calculated using data from previous years and shown in Table 2.
- The IDALS does not have data available on the total number of registered products exempt from fees each year but estimates the total is approximately 400. The estimated number of nonexempt registered products and the average fee on nonexempt products under the current fee are calculated assuming 400 registered products are exempt from fees each year, including FY 2021. It is possible the number of exempt products in FY 2021 was higher than prior years, given that in FY 2021, a noticeably higher number of products were registered. Iowa did not have any products granted exemptions under Section 18 of FIFRA in FY 2021, so an increase in exempt products could not be attributed to exemptions due to the COVID-19 pandemic. The IDALS identified no other reasons to assume the number ofRegistered
Products Total Revenue
FY 2016 12,876 4,113,133$ FY 2017 13,128 4,121,335 FY 2018 12,652 3,966,348 FY 2019 13,683 4,324,860 FY 2020 13,570 4,246,065 FY 2021 16,591 4,467,481 exempt products was higher in FY 2021. The implications of this assumption are noted with the fiscal impact.
- The estimated total revenue under the $300 fee and the estimated effect on the GWPF are also shown in Table 2.
Table 2 — Fiscal Impact of Division II on GWPF Based on Previous Years
Fiscal Impact
The fiscal impact of the fee change in Division II is dependent on the total number of nonexempt registered products and the sales of those products. If future registrations are similar to FY 2021, HF 2581 is estimated to increase fees deposited into the GWPF by $390,000, but if future registrations are more similar to preceding years, HF 2581 is estimated to decrease fees deposited into the GWPF by $320,000. Table 3 provides a summary of this result. Table 3 — Estimated Revenue Change to GWPF Under Division II It should be noted that the number of registered products in FY 2021 was noticeably higher than in the preceding years. It is possible that a relatively higher number of exempt products were registered in FY 2021. If more exempt products were registered in FY 2021 relative to prior years, the estimated gain to the GWPF in FY 2021 would decrease. For example, if 1,700 products were exempt from fees in FY 2021, the effect of Division II on the GWPF would be net neutral, and if more than 1,700 products were exempt from fees in FY 2021, the impact would be negative.
Division III — Regulation of Motor Fuels
Description
Division III raises the minimum octane rating for premium grade gasoline from 90 to 91; eliminates the requirement that a motor fuel dispenser be labeled with a decal that indicates that the dispenser dispenses E-10, E-15, or biodiesel blended fuel; and makes other nonsubstantive changes to Iowa Code chapter 214A.Registered
Products
Total Revenue
Under Current
Fee
Estimated
Nonexempt
Registered
Products
Average
Fee on
Nonexempt
Products
Estimated
Revenue
Under $300
Fee
Estimated
Gain/Loss to
GWPF
Under $300
Fee
FY 2016 12,876 4,113,133$ 12,476 330$ 3,742,800$ -370,333$ FY 2017 13,128 4,121,335 12,728 324 3,818,400 -302,935 FY 2018 12,652 3,966,348 12,252 324 3,675,600 -290,748 FY 2019 13,683 4,324,860 13,283 326 3,984,900 -339,960 FY 2020 13,570 4,246,065 13,170 322 3,951,000 -295,065 FY 2021 16,591 4,467,481 16,191 276 4,857,300 389,819Registrations Similar to FY 2016 to FY 2020
Registrations Similar
to FY 2021 Change in GWPF Deposits -320,000$ 390,000$
Fiscal Impact
This Division is not projected to have a fiscal impact.
Division IV — Iowa Sheep and Wool Promotion Board
Description
Division IV changes membership requirements of the Iowa Sheep and Wool Promotion Board from by-district to at-large. Under current law, the nine-member Board must have one member from each of the USDA crop reporting districts. Division IV removes this requirement.
Fiscal Impact
This Division is not projected to have a fiscal impact.
Division V — Local Food and Farm Program
Description
Division V modifies the Local Food and Farm Program. The Division changes the membership composition of the Local Food and Farm Program Council overseeing the Program and expands the types of projects that may be funded by the Program.
Fiscal Impact
This Division is not projected to have a fiscal impact.
Summary of HF 2581 Fiscal Impact Table 4 includes a summary of the fiscal impacts for each division of the Bill: Table 4 — Estimated Summary of Fiscal Impacts for HF 2581
Source
- Iowa Department of Agriculture and Land Stewardship
Cómo cambió el cálculo
- $3,000 7 de marzo de 2022
- $500,000 25 de marzo de 2022
- $500,000 31 de marzo de 2022
- $500,000 27 de junio de 2022 · final
- Final Fiscal Note — Agriculture Omnibus · 27 de junio de 2022 · $500,000
- Agriculture Omnibus · 31 de marzo de 2022 · $500,000
- Agriculture Omnibus · 25 de marzo de 2022 · $500,000
- Agriculture Omnibus · 7 de marzo de 2022 · $3,000
Lo que cambia del Código de Iowa (Iowa Code)
Crea§159.26§159.28§159.29§159.30§159.31§159.31A§214A.1A
Modifica§159.20§206.19§214A.1§214A.16§214A.2§214A.2A§214A.2B§214A.3§214A.5§452A.12§455G.31
Cabildeo
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