Bill Summary – FastDemocracy

Senate File 482 - Enrolled
                                                     Senate File 482
                                  AN ACT
     REGULATING THE APPLICATION OF PESTICIDES, INCLUDING BY
        PROVIDING FOR THE CERTIFICATION OF APPLICATORS, AND CERTAIN
        ACTIONS TAKEN BY THE DEPARTMENT OF AGRICULTURE AND LAND
        STEWARDSHIP AGAINST PRIVATE APPLICATORS, AND PROVIDING
        PENALTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1. Section 206.5, subsection 6, Code 2021, is
 amended to read as follows:
    6. An employee of a food processing and distribution
 establishment is exempt from the certification requirements
 of this section provided that at least one person holding
 a supervisory position is certified and provided that the
 employer provides a program, approved by the department, for
 training, testing, and certification of personnel who apply, as
 an incidental part of their duties, any pesticide on property
 owned or rented by the employer. However, an employee exempt
 from the certification requirements of this section shall
 not apply restricted use pesticides. The secretary shall
 adopt rules to administer the provisions of this paragraph
 subsection.
    Sec. 2. Section 206.19, subsection 5, Code 2021, is amended
 to read as follows:
    5. a. Establish, assess, and collect civil penalties for
 violations a violation of a provision in this chapter or a rule
 adopted pursuant to this chapter by a commercial applicators
                                               Senate File 482, p. 2
 applicator or private applicator. In determining the amount
 of the a civil penalty to be assessed for a violation, the
 department shall consider all of the following factors:
    (1) The willfulness of the violation.
    (2) The actual or potential danger of injury to the public
 health or safety, or damage to the environment caused by the
 violation.
    (3) The actual or potential cost of the injury or damage
 caused by the violation to the public health or safety, or to
 the environment.
    (4) The actual or potential cost incurred by the department
 in enforcing this chapter and rules adopted pursuant to this
 chapter against the violator.
    (5) The remedial action required of the violator.
    (6) The violator’s previous history of complying with
 orders or decisions of the department.
    b. The amount of the civil penalty that may be assessed
 for each violation committed by a commercial applicator or
 private applicator shall not exceed five hundred dollars for
 each offense.
    Sec. 3. NEW SECTION. 206.23B Private pesticide applicator
 peer review panel.
    1. The department shall establish a private pesticide
 applicator peer review panel to assist the department in
 assessing or collecting a civil penalty pursuant to section
 206.19. The secretary shall appoint five members, including
 three certified private applicators and two members of the
 public who have not been licensed or certified under this
 chapter. The appointments shall be made on a geographically
 balanced basis.
    2. a. The members appointed pursuant to this section
 shall serve four-year terms beginning and ending as provided
 in section 69.19. However, the secretary shall appoint
 initial members to serve for less than four years to ensure
 that members serve staggered terms. A member is eligible for
 reappointment. A vacancy on the panel shall be filled for the
 unexpired portion of the regular term in the same manner as
 regular appointments are made.
    b. The panel shall elect a chairperson who shall serve for a
                                               Senate File 482, p. 3
 term of one year. The panel shall meet on a regular basis and
 at the call of the chairperson or upon the written request to
 the chairperson of two or more members. Three voting members
 constitute a quorum and the affirmative vote of a majority of
 the members present is necessary for any substantive action
 to be taken by the panel. The majority shall not include any
 member who has a conflict of interest and a statement by a
 member that the member has a conflict of interest is conclusive
 for this purpose. A vacancy in the membership does not impair
 the duties of the panel.
    c. Notwithstanding section 7E.6, the members shall only
 receive reimbursement for actual expenses for performance of
 their official duties, as provided by the department.
    d. The panel shall be staffed by the department.
    3. The panel shall make recommendations to the department
 regarding the establishment of civil penalties and procedures
 to assess and collect penalties, as provided in section 206.19.
 The panel may propose a schedule of penalties for minor and
 serious violations. The department may adopt rules based on
 the recommendations of the panel as approved by the secretary.
    4. The panel shall review cases of persons required to
 be certified as private applicators who are subject to civil
 penalties as provided in section 206.19 according to rules
 adopted by the department. A review shall be performed upon
 request by the secretary or the person subject to the civil
 penalty. The panel may establish procedures for the review and
 establish a system of prioritizing cases for review, consistent
 with rules adopted by the department. The rules may exclude
 review of minor violations. The review may also include the
 manner of assessing and collecting the civil penalty. The
 findings and recommendations of the panel shall be included in
 a response delivered to the department and the person subject
 to the penalty. The response may include a recommendation
 that a proposed civil penalty be modified or suspended, that
 an alternative method of collection be instituted, or that
 conditions be placed upon the certification of a private
 applicator.
    5. The department shall adopt rules establishing a period
 for the review and response by the panel which must be
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 completed prior to a contested case hearing under chapter 17A.
 A hearing shall not be delayed after the required period for
 review and response, except as provided in chapter 17A.
    6. This section does not apply to a certification revocation
 proceeding under section 206.11. This section does not
 require the department to delay the prosecution of a case if
 immediate action is necessary to reduce the risk of harm to
 the environment or public health or safety. This section also
 does not require a review or response if the department refers
 a violation of this chapter for criminal prosecution, or for an
 action involving a “stop sale, use, or removal” order issued
 pursuant to section 206.16. The department shall consider any
 available response by the panel, but is not required to change
 findings of an investigation, a penalty sought to be assessed,
 or a manner of collection.
    7. An available response by the panel may be used as
 evidence in an administrative hearing, or a civil or criminal
 case, except to the extent that information is considered
 confidential including as provided in section 22.7.
     ______________________________     ______________________________
     JAKE CHAPMAN                       PAT GRASSLEY
     President of the Senate            Speaker of the House
        I hereby certify that this bill originated in the Senate and
     is known as Senate File 482, Eighty-ninth General Assembly.
                                        ______________________________
                                        W. CHARLES SMITHSON
                                        Secretary of the Senate
     Approved _______________, 2021     ______________________________
                                        KIM REYNOLDS
                                        Governor
Statutes affected: 
Introduced: 206.5
Enrolled: 206.5