CHAPTER 266 IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY
266.1 GRANTS ACCEPTED.
266.2 COURSES OF STUDY.
266.3 INVESTIGATION OF MINERAL RESOURCES.
266.4 COOPERATIVE AGRICULTURAL EXTENSION WORK.
266.5 STATE AGENCY.
266.6 PURNELL ACT.
266.7 RECEIVING AGENT.
266.8 HAZARDOUS WASTE RESEARCH PROGRAM.
266.9 THROUGH 266.18
266.19 RENEWABLE FUEL -- ASSISTANCE.
266.20 INTEREST EARNINGS.
266.21 THROUGH 266.23
266.24 THROUGH 266.26
266.27 ACT ACCEPTED.
266.28 RECEIPT OF FUNDS -- WORK AUTHORIZED.
266.29 AND 266.30
266.31 MEAT EXPORT RESEARCH CENTER ESTABLISHED -- DIRECTOR -- ASSISTANTS -- SALARIES.
266.32 ACCEPTANCE OF PRIVATE FUNDS.
266.33 HORTICULTURAL RESEARCH.
266.34 STATE EXTENSION FRUIT SPECIALIST.
266.35 CROP RESEARCH.
266.36 FINANCIAL MANAGEMENT SERVICES.
266.37 USE OF CORRECTIONS DEPARTMENT INSTITUTIONAL FACILITIES AND RESOURCES.
266.38 SOIL TEST INTERPRETATION.
266.39 LEOPOLD CENTER FOR SUSTAINABLE AGRICULTURE.
266.39A AGRICULTURAL RESEARCH.
266.39B RESEARCH GRANTS.
266.39C THE IOWA ENERGY CENTER.
266.39D LIVESTOCK PRODUCERS ASSISTANCE PROGRAM.
266.39E BEGINNING FARMER CENTER.
266.39F SALE OF DAIRY BREEDING RESEARCH FARM.
266.40 DEFINITIONS.
266.41 ESTABLISHMENT.
266.42 PURPOSES.
266.43 ODOR MITIGATION TECHNOLOGIES AND STRATEGIES -- APPLIED ON-SITE RESEARCH PROJECTS.
266.44 ODOR MITIGATION TECHNOLOGIES AND STRATEGIES -- BASIC AND APPLIED RESEARCH PROJECTS.
266.45 EMERGING TECHNOLOGIES AND STRATEGIES -- BASIC RESEARCH PROJECTS.
266.46 INFORMATION REPORTING.
266.47 RESEARCH RESULTS -- INTERIM AND FINAL REPORTS.
266.48 COST-SHARE PROGRAM FOR LIVESTOCK MITIGATION EFFORTS.
266.49 LIVESTOCK ODOR MITIGATION EVALUATION EFFORT.



        

266.1 GRANTS ACCEPTED. Legislative assent is given to the purposes of the various congressional grants to the state for the endowment and support of an Iowa state university of science and technology, and an agricultural experiment station as a department thereof, upon the terms, conditions, and restrictions contained in all Acts of Congress relating thereto, and the state assumes the duties, obligations, and responsibilities thereby imposed. All moneys appropriated by the state because of the obligations thus assumed, and all funds arising from said congressional grants, shall be invested or expended in accordance with the provision of such grant, for the use and support of said university of science and technology located at Ames.

         Section History: Early Form

         [R60, § 1714; C73, § 1604; C97, § 2645; C24, 27, 31, 35, 39, §
      4031; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 266.1]
        

266.2 COURSES OF STUDY. There shall be adopted and taught at said university of science and technology practical courses of study, embracing in their leading branches such as relate to agriculture and mechanic arts, mines and mining, and ceramics, and such other branches as are best calculated to educate thoroughly the agricultural and industrial classes in the several pursuits and professions of life, including military tactics. If a teachers training course is established it shall include the subject of physical education.

         Section History: Early Form

         [R60, § 1728; C73, § 1621; C97, § 2648; S13, § 2674-d; C24, 27,
      31, 35, 39, § 4032; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 266.2]
        

266.3 INVESTIGATION OF MINERAL RESOURCES. The said university of science and technology shall provide, as a part of its engineering experiment station work, for the investigation of clays, cement materials, fuels, and other mineral resources of the state with especial reference to their economic uses, and for the publication and dissemination of information useful to such industries, and for the testing of the products thereof.

         Section History: Early Form

         [S13, § 2674-e; C24, 27, 31, 35, 39, § 4033; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 266.3]
        

266.4 COOPERATIVE AGRICULTURAL EXTENSION WORK. The assent of the legislature of the state of Iowa is hereby given to the provisions and requirements of an Act of Congress approved May 8, 1914, providing for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of the Act of Congress approved July 2, 1862, and amendments thereto.

         Section History: Early Form

         [SS15, § 2682-y1; C24, 27, 31, 35, 39, § 4034; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 266.4]
        

266.5 STATE AGENCY. The state board of regents is hereby authorized and empowered to receive the grants of money appropriated under said Act and to organize and conduct agricultural and home economics extension work, which shall be carried on in connection with the Iowa state university of science and technology in accordance with the terms and conditions expressed in the Act of Congress aforesaid.

         Section History: Early Form

         [SS15, § 2682-y1; C24, 27, 31, 35, 39, § 4035; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 266.5]
        

266.6 PURNELL ACT. The assent of the legislature of the state of Iowa is hereby given to the provisions and requirements of the congressional Act approved February 24, 1925, commonly known as the Purnell Act; and that, in accordance with the requirements thereof, the state agrees to devote the moneys thus received to the more complete endowment and maintenance of the agricultural experiment station of the Iowa state university of science and technology as provided in said Act.

         Section History: Early Form

         [C27, 31, 35, § 4035-b1; C39, § 4035.1; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 266.6]
        

266.7 RECEIVING AGENT. The treasurer of the Iowa state university of science and technology is hereby authorized and empowered to receive the grants of money appropriated under the said Act.

         Section History: Early Form

         [C27, 31, 35, § 4035-b2; C39, § 4035.2; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 266.7]
        

266.8 HAZARDOUS WASTE RESEARCH PROGRAM. Repealed by 2003 Acts, ch 179, § 143.

266.9 THROUGH 266.18 Reserved.

266.19 RENEWABLE FUEL -- ASSISTANCE. The university shall cooperate in assisting renewable fuel production facilities supporting livestock operations managed by persons receiving assistance pursuant to the value-added agriculture component of the grow Iowa values financial assistance program established in section 15G.112.

         Section History: Recent Form

         94 Acts, ch 1119, §27; 2009 Acts, ch 123, §30
        

266.20 INTEREST EARNINGS. If the interest earned on moneys accumulated by campus organizations at the Iowa state university of science and technology is not available for expenditure by those respective campus organizations, the Iowa state university of science and technology shall allocate that interest to campus improvements that are of benefit to students and have been accepted by the student government or to the student financial aid office to be used for the work-study program.

         Section History: Recent Form

         89 Acts, ch 319, §70
        

266.21 THROUGH 266.23 Reserved.

266.24 THROUGH 266.26 Repealed by 2003 Acts, ch 179, § 143.

266.27 ACT ACCEPTED. The assent of the general assembly of the state of Iowa is hereby given to the provisions and requirements of the Smith-Lever Act, 38 Stat. 372--374, approved May 8, 1914, and any amendments to that Act, codified at 7 U.S.C. § 341--349.

         Section History: Early Form

         [C31, 35, § 4044-c1; C39, § 4044.1; C46, 50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 266.27] 

         Section History: Recent Form

         2006 Acts, ch 1030, §34; 2006 Acts, ch 1185, §120
        

266.28 RECEIPT OF FUNDS -- WORK AUTHORIZED. The Iowa state board of regents is hereby authorized and empowered to receive the grants of money appropriated under the said Act; and to organize and conduct agricultural extension work which shall be carried on in connection with the Iowa state university of science and technology, in accordance with the terms and conditions expressed in the Act of Congress aforesaid.

         Section History: Early Form

         [C31, 35, § 4044-c2; C39, § 4044.2; C46, 50, 54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 266.28]
        

266.29 AND 266.30 Reserved.

266.31 MEAT EXPORT RESEARCH CENTER ESTABLISHED -- DIRECTOR -- ASSISTANTS -- SALARIES. Repealed by 2004 Acts, ch 1175, § 283.

266.32 ACCEPTANCE OF PRIVATE FUNDS. Repealed by 2005 Acts, ch 19, § 125.

266.33 HORTICULTURAL RESEARCH. The Iowa agricultural experiment station at Iowa state university of science and technology shall conduct horticultural research to identify and improve fruits and vegetables which can be effectively grown in Iowa to provide more diversity for Iowa agriculture. The experiment station shall investigate production, marketing, and management techniques, adaptability, and horticultural potential of the fruits and vegetables for both processing and for fresh market sale.

         Section History: Recent Form

         84 Acts, ch 1315, § 16
        

266.34 STATE EXTENSION FRUIT SPECIALIST. The Iowa cooperative extension service in agriculture and home economics shall employ a state extension fruit specialist to provide leadership in the development of a broader array of educational materials and field staff training. The materials on training should provide, in popular and practical terms, the available research at Iowa state university of science and technology and elsewhere that will enable area and county extension services to expand their efforts with existing and potential fruit growers for marketing in or outside of this state.

         Section History: Recent Form

         84 Acts, ch 1315, § 18
        

266.35 CROP RESEARCH. The agricultural experiment station at Iowa state university of science and technology shall conduct research to identify crops, other than corn and soybeans, which can be effectively grown in Iowa either alone or in multiple cropping schemes to provide more diversity for Iowa agriculture. The experiment station shall investigate production and management techniques, adaptability, feasibility, marketability, and agronomic potential of the alternate crops.

         Section History: Recent Form

         84 Acts, ch 1315, § 21
        

266.36 FINANCIAL MANAGEMENT SERVICES. The Iowa cooperative extension service in agriculture and home economics shall accelerate the development of computer software and field staff training to increase the extension service's ability to offer financial management and counseling services to individual farm operators and to increase the analysis and understanding of financial management, marketing and related subjects among farm operators.

         Section History: Recent Form

         84 Acts, ch 1315, § 27
        

266.37 USE OF CORRECTIONS DEPARTMENT INSTITUTIONAL FACILITIES AND RESOURCES. Iowa state university of science and technology shall use resources, including property, facilities, labor, and services, connected with institutions listed in section 904.102, under the authority of the Iowa department of corrections, to the extent practicable, for research, development, and testing of technological, horticultural, biological, and economic factors involved in improving the performance of Iowa agricultural products. However, use by the university is subject to the approval of the director of the department of corrections.

         Section History: Recent Form

         87 Acts, ch 139, §3
        

266.38 SOIL TEST INTERPRETATION. The Iowa cooperative extension service in agriculture and home economics shall develop and publish material on the interpretation of the results of soil tests. The material shall also feature the danger to groundwater quality from the overuse of fertilizers and pesticides. The material shall be available from the service at cost and any person providing soil tests for agricultural or horticultural purposes shall provide the material to the customer with the soil test results.

         Section History: Recent Form

         87 Acts, ch 225, §229
        

266.39 LEOPOLD CENTER FOR SUSTAINABLE AGRICULTURE. 1. For the purposes of this section, "sustainable agriculture" means the appropriate use of crop and livestock systems and agricultural inputs supporting those activities which maintain economic and social viability while preserving the high productivity and quality of Iowa's land. 2. The Leopold center for sustainable agriculture is established in the Iowa agricultural and home economics experiment station at Iowa state university of science and technology. The center shall conduct and sponsor research to identify and reduce negative environmental and socio-economic impacts of agricultural practices. The center also shall research and assist in developing emerging alternative practices that are consistent with a sustainable agriculture. The center shall develop in association with the Iowa cooperative extension service in agriculture and home economics an educational framework to inform the agricultural community and the general public of its findings. 3. An advisory board is established consisting of the following members: a. Three persons from Iowa state university of science and technology, appointed by its president. b. Two persons from the state university of Iowa, appointed by its president. c. Two persons from the university of northern Iowa, appointed by its president. d. Two representatives of private colleges and universities within the state, to be nominated by the Iowa association of independent colleges and universities, and appointed by the Iowa coordinating council for post-high school education. e. One representative of the department of agriculture and land stewardship, appointed by the secretary of agriculture. f. One representative of the department of natural resources, appointed by the director. g. One man and one woman, actively engaged in agricultural production, appointed by the state soil conservation committee. h. Four persons actively engaged in agriculture who are appointed by the titular head of each of the following agricultural organizations: (1) The Iowa farm bureau federation. (2) The Iowa farmers union. (3) The practical farmers of Iowa. (4) The agribusiness association of Iowa. The terms of the members shall begin and end as provided in section 69.19 and any vacancy shall be filled by the original appointing authority. The terms shall be for four years and shall be staggered as determined by the president of Iowa state university of science and technology. The members appointed by the titular heads of agricultural organizations shall be reimbursed for actual and necessary expenses incurred while engaged in their official duties, but shall not be entitled to per diem compensation as authorized under section 7E.6. 4. The Iowa agricultural and home economics experiment station shall employ a director for the center, who shall be appointed by the president of Iowa state university of science and technology. The director of the center shall employ the necessary research and support staff. The director and staff shall be employees of Iowa state university of science and technology. No more than five hundred thousand dollars of the funds received from the agriculture management account annually shall be expended by the center for the salaries and benefits of the employees of the center, including the salary and benefits of the director. The remainder of the funds received from the agriculture management account shall be used to sponsor research grants and projects on a competitive basis from Iowa colleges and universities and private nonprofit agencies and foundations. The center may also solicit additional grants and funding from public and private nonprofit agencies and foundations. The director shall prepare an annual report. 5. The board shall provide the president of Iowa state university of science and technology with a list of three candidates from which the director shall be selected. The board shall provide an additional list of three candidates if requested by the president. The board shall advise the director in the development of a budget, on the policies and procedures of the center, in the funding of research grant proposals, and regarding program planning and review.

         Section History: Recent Form

         87 Acts, ch 225, §230; 99 Acts, ch 91, §1, 2
        

266.39A AGRICULTURAL RESEARCH. Iowa state university of science and technology shall conduct continuing agricultural research to provide information about environmental and social impacts of agricultural research on the small or family farm and information about population trends and impact of the trends on Iowa agriculture, in addition to research that may include the categories specified in section 266.39B, subsection 2. The research shall include an agricultural land tenure study conducted every five years to determine the ownership of farmland, and to analyze ownership trends, using the categories of land ownership defined in chapter 9H. The study shall be conducted on the basis of regions established by the university. A region shall be composed of not more than twenty-three contiguous counties.

         Section History: Recent Form

         89 Acts, ch 319, § 71; 92 Acts, ch 1080, § 1
        

266.39B RESEARCH GRANTS. 1. A comprehensive agricultural research program is established at the Leopold center for sustainable agriculture at Iowa state university of science and technology to provide financial assistance for agricultural research within Iowa. The Leopold center shall establish a grant program for projects designated by the general assembly and other projects deemed necessary for the betterment of agriculture within the state. All funds from the program shall be available to public and private entities in Iowa on a competitive grant basis. Approved research proposals shall meet all of the following criteria: a. The research shall assist Iowa in maintaining productive soil, viable communities, and farms with incomes sufficient to support a family. b. The research shall enhance the profitability of farmers. c. The research shall lead to farming which enhances and preserves Iowa's environment. 2. The research grants shall include: a. Long-term and basic research with preference given to projects which have no traditional funding sources or require a long period of time to produce positive or negative results. b. Emergency response research with preference given to projects which relate to issues expected to address problems occurring within the next five years, which relate to problems that could have substantial social and economic costs, or which offer research opportunities that may be lost if a delay occurs. c. Grants available for matching federal or private funds for projects which are a necessary component of other grants or will produce the highest ratio of outside funds to state funds. d. Crop and livestock research relating to the growth, processing, or marketing of agricultural output, the enhancement of the quality of crops, the lowering of the costs of production, or the avoidance of contamination to food, water, or soil. e. Alternative crop research to enhance the opportunity for self-employment, to promote site-appropriate crops, to assist the state in becoming more self-sufficient in food and energy resources, to grow, process, and market new crops, or to develop the infrastructure to support new crops. f. Research dissemination which will expand the knowledge of potential producers, or will collect, create, or disseminate agricultural knowledge, which will encourage the exchange of agriculturally related information among researchers, or which will provide access to farmers to information resources related to agriculture. g. Agriculture health and safety research to identify, investigate, and increase awareness of agriculture safety problems, develop practical solutions to agriculture safety problems, develop ways to increase awareness and use of safety practices and devices, to improve medical professionals' ability to diagnose farm-related problems, or to reduce the accident and mortality rate in the agricultural industry.

         Section History: Recent Form

         89 Acts, ch 319, §72
         Referred to in § 266.39A
        

266.39C THE IOWA ENERGY CENTER. 1. a. The Iowa energy center is established at Iowa state university of science and technology. The center shall strive to increase energy efficiency in all areas of Iowa energy use. The center shall serve as a model for state efforts to decrease dependence on imported fuels and to decrease reliance on energy production from nonrenewable, resource-depleting fuels. The center shall conduct and sponsor research on energy efficiency and conservation that will improve the environmental, social, and economic well-being of Iowans, minimize the environmental impact of existing energy production and consumption, and reduce the need to add new power plants. b. The center shall assist Iowans in assessing technology related to energy efficiency and alternative energy production systems and shall support educational and demonstration programs that encourage implementation of energy efficiency and alternative energy production systems. c. The center shall also conduct and sponsor research to develop alternative energy systems that are based upon renewable sources and that will reduce the negative environmental and economic impact of energy production systems. 2. a. An advisory council is established consisting of the following members: (1) One person from Iowa state university of science and technology, appointed by its president. (2) One person from the university of Iowa, appointed by its president. (3) One person from the university of northern Iowa, appointed by its president. (4) One representative of private colleges and universities within the state, to be nominated by the Iowa association of independent colleges and universities, and appointed by the Iowa coordinating council for post-high school education. (5) One representative of community colleges, appointed by the state board for community colleges. (6) One representative of the office of energy independence, appointed by the director. (7) One representative of the state department of transportation, appointed by the director. (8) One representative of the office of consumer advocate, appointed by the consumer advocate. (9) One representative of the utilities board, appointed by the utilities board. (10) One representative of the rural electric cooperatives, appointed by the governing body of the Iowa association of electric cooperatives. (11) One representative of municipal utilities, appointed by the governing body of the Iowa association of municipal utilities. (12) Two representatives from investor-owned utilities, one representing gas utilities, appointed by the Iowa utility association, and one representing electric utilities, appointed by the Iowa utility association. b. The terms of the members shall begin and end as provided in section 69.19 and any vacancy shall be filled by the original appointing authority. The terms shall be for four years and shall be staggered as determined by the president of Iowa state university of science and technology. 3. a. Iowa state university of science and technology shall employ a director for the center, who shall be appointed by the president of Iowa state university of science and technology. The director of the center shall employ necessary research and support staff. The director and staff shall be employees of Iowa state university of science and technology. Funds appropriated to the center shall be used to sponsor research grants and projects submitted on a competitive basis by Iowa colleges and universities and private nonprofit agencies and foundations, and for the salaries and benefits of the employees of the center. The center may also solicit additional grants and funding from public and private nonprofit agencies and foundations. b. The director shall prepare an annual report. 4. The advisory council shall provide the president of Iowa state university of science and technology with a list of three candidates from which the director shall be selected. The council shall provide an additional list of three candidates if requested by the president. The council shall advise the director in the development of a budget, on the policies and procedures of the center, in the funding of research grant proposals, and regarding program planning and review. 5. The Iowa energy center shall develop a program to provide assistance to rural residents for energy efficiency efforts. 6. The Iowa energy center shall cooperate with the state board of education in developing a curriculum which promotes energy efficiency and conservation.

         Section History: Recent Form

         90 Acts, ch 1252, §17; 91 Acts, ch 253, §13; 2000 Acts, ch 1223,
      §30; 2002 Acts, ch 1109, §1, 2; 2002 Acts, ch 1162, §38; 2008 Acts,
      ch 1126, §15, 33; 2009 Acts, ch 108, §12, 41
         Referred to in § 469.3, 476.1A, 476.1B, 476.1C, 476.10A, 476.46,
      478.29, 479.31, 479B.21
         See also §476.10A, 476.46
        

266.39D LIVESTOCK PRODUCERS ASSISTANCE PROGRAM. Repealed by 2004 Acts, ch 1175, § 284.

266.39E BEGINNING FARMER CENTER. 1. A beginning farmer center is established as a part of the Iowa cooperative extension service in agriculture and home economics at Iowa state university of science and technology to assist individuals beginning farming operations. The center shall also assist in facilitating the transition of farming operations from established farmers to beginning farmers, including by matching purchasers and sellers of agricultural land, creating and maintaining an information base inventorying land and facilities available for acquisition, and developing models to increase the number of family farming operations in this state. The objectives of the beginning farmer center shall include, but are not limited to, the following: a. To provide the coordination of education programs and services for beginning farmer efforts statewide. b. To assess needs of beginning farmers and retiring farmers in order to identify program and service opportunities. c. To develop, coordinate, and deliver statewide through the Iowa cooperative extension service in agriculture and home economics, and other entities as appropriate, targeted education to beginning farmers and retiring farm families. 2. Programs and services provided by the beginning farmer center shall include, but are not limited to, the development of skills and knowledge in financial management and planning, legal issues, tax laws, technical production and management, leadership, sustainable agriculture, human health, the environment, and leadership. 3. The beginning farmer center shall submit to the general assembly, annually on or before January 15, a report that includes but is not limited to recommendations for methods by which more individuals may be encouraged to enter agriculture.

         Section History: Recent Form

         94 Acts, ch 1193, §22
        

266.39F SALE OF DAIRY BREEDING RESEARCH FARM. 1. Immediately after May 2, 2002, Iowa state university of science and technology shall develop a plan to sell, at market value, the one thousand one hundred-acre tract of land within the city limits of Ankeny, commonly referred to as the Iowa state university dairy breeding research farm. The plan shall include the sale of substantial portions of the tract as soon as practical, and the sale of all of the tract within a commercially reasonable time. Prior to implementing the plan, the university shall submit the plan to the state board of regents for review and approval. The sale shall be handled in a manner that is the most financially beneficial to the university. Appraisals conducted by the university of the value of any portion of the tract shall be made available to the public immediately following the sale of that portion of the tract. 2. a. The proceeds from the sale of the property as provided in subsection 1 are appropriated and shall be retained by Iowa state university of science and technology for use in establishing a new dairy research and dairy teaching facility or for the university's plant sciences institute. b. The provisions of section 262.9, subsection 8, shall not apply to the sale of any portion of land to be sold in accordance with this section or to the use of the proceeds from the sale of the land. 3. By December 15 annually, the state board of regents shall submit a report of the activities and costs of the sale of any property in accordance with subsection 1, including but not limited to the use of any proceeds from the sale of the property and the environmental cleanup costs for any proposed sale in accordance with this section, to the general assembly in accordance with section 7A.11A, and to the legislative services agency, until such time as the sale of the property is complete and the proceeds have been expended by the university, at which time the state board of regents shall submit a final report on the sale of the property and use of the proceeds to the general assembly in accordance with section 7A.11A and to the legislative services agency.

         Section History: Recent Form

         2002 Acts, ch 1143, §2, 3; 2003 Acts, ch 35, §45, 49; 2005 Acts,
      ch 179, §157
         Legislative findings and purpose; 2002 Acts, ch 1143, §1
        

266.40 DEFINITIONS. For purposes of this division, the following definitions apply: 1. "Livestock" means beef cattle, dairy cattle, swine, chickens, or turkeys. 2. "Livestock operation" means any area in which livestock are kept in a confined space, including a confinement feeding operation or open feedlot. 3. "Livestock producer" means the titleholder of livestock or a livestock operation. 4. "University" means Iowa state university of science and technology.

         Section History: Recent Form

         2008 Acts, ch 1174, §1, 13 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.41 ESTABLISHMENT. Iowa state university of science and technology shall consult with the department of agriculture and land stewardship and the department of natural resources to establish and administer livestock odor mitigation efforts to reduce the impacts of odor emitted from livestock operations involving swine, beef or dairy cattle, chickens, or turkeys as provided in this division.

         Section History: Recent Form

         2008 Acts, ch 1174, §2, 13
         Referred to in § 266.47 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.42 PURPOSES. The purposes of this division shall be to further livestock odor mitigation efforts as follows: 1. Further a livestock odor mitigation research effort in order to accelerate the adoption of affordable and effective odor mitigation technologies and strategies by livestock producers, expand the number of affordable and effective odor mitigation technologies and strategies available to livestock producers, and provide research-grounded information regarding odor mitigation technologies and strategies that are ineffective or cost-prohibitive. 2. Develop a livestock odor mitigation evaluation effort as provided in section 266.49, which shall be a multilevel process to determine the potential odor exposure to persons who would neighbor a new livestock operation as proposed to be constructed.

         Section History: Recent Form

         2008 Acts, ch 1174, §3, 13
         Referred to in § 266.43, 266.44, 266.45, 266.46, 266.47, 266.48,
      266.49 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.43 ODOR MITIGATION TECHNOLOGIES AND STRATEGIES -- APPLIED ON-SITE RESEARCH PROJECTS. 1. a. Iowa state university of science and technology shall conduct applied on-site research projects to address whether odor mitigation technologies or strategies can be successfully implemented across many livestock operations, locations, and situations, and to analyze the costs of their successful implementation and maintenance to accomplish the purposes provided in section 266.42. b. The projects shall be conducted at livestock operations on a statewide basis and under different circumstances. c. The university shall evaluate technologies or strategies that have a firm foundation in basic and applied research but which may further benefit from statewide on-site application. The technologies and strategies may include but are not limited to the following: (1) The installation, maintenance, and use of odor mitigating devices, techniques, or strategies. (2) The use of a livestock odor mitigation evaluation effort as provided in section 266.49. (3) The manipulation of livestock diet. 2. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in an applied on-site research project under this section unless the livestock producer contributes one hundred percent of the total costs of conducting the project.

         Section History: Recent Form

         2008 Acts, ch 1174, §4, 13
         Referred to in § 266.44, 266.45, 266.48 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.44 ODOR MITIGATION TECHNOLOGIES AND STRATEGIES -- BASIC AND APPLIED RESEARCH PROJECTS. 1. a. Iowa state university of science and technology shall conduct basic or applied research projects to develop or advance technologies or strategies to accomplish the purposes provided in section 266.42. b. The university shall evaluate technologies or strategies that have not been subject to comprehensive scientific scrutiny but which demonstrate promise to accomplish the purposes provided in section 266.42. The technologies and strategies may include but are not limited to the following: (1) The adaption and use of modeling to locate livestock operations associated with keeping livestock in addition to swine, and to locate livestock operations utilizing odor mitigation devices, techniques, or strategies. (2) The installation, maintenance, and use of odor mitigating devices, techniques, or strategies. (3) The use of topical treatments applied to manure originating with livestock operations keeping chickens and turkeys. 2. Nothing in this section restricts the university from conducting its evaluation at livestock operations, including as provided in section 266.43. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in a basic or applied research project under this section unless the livestock producer contributes one hundred percent of the total costs of conducting the project.

         Section History: Recent Form

         2008 Acts, ch 1174, §5, 13
         Referred to in § 266.48 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.45 EMERGING TECHNOLOGIES AND STRATEGIES -- BASIC RESEARCH PROJECTS. 1. a. Iowa state university of science and technology shall conduct basic research projects to investigate emerging technologies or strategies that may accomplish the purposes provided in section 266.42. b. The university shall evaluate technologies or strategies that demonstrate promise for future development but which may require a long-term research commitment. 2. Nothing in this section restricts the university from conducting its evaluation at livestock operations, including as provided in section 266.43. A livestock producer who is classified as a habitual violator pursuant to section 459.604 or a chronic violator pursuant to section 657.11 shall not participate in a basic research project under this section unless the livestock producer contributes one hundred percent of the total costs of conducting the project.

         Section History: Recent Form

         2008 Acts, ch 1174, §6, 13
         Referred to in § 266.48 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.46 INFORMATION REPORTING. In accordance with section 266.42, Iowa state university of science and technology is the custodian of all information including but not limited to reports and records obtained, submitted, and maintained in connection with the research projects conducted on the site of a livestock operation as provided in this division, and all information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under section 266.49 or section 459.303, subsection 3. The public shall have a right to examine and copy the information as provided in chapter 22, subject to the exceptions of section 22.7. In addition, the university or an agent or employee of the university shall not release the name or location, or any other information sufficient to identify the name or location of any livestock producer or livestock operation participating in a research project or participating in a livestock odor mitigation evaluation pursuant to section 266.49 or section 459.303, subsection 3, and such information shall not be subject to release pursuant to subpoena or discovery in any civil proceeding, unless such confidentiality is waived in writing by the livestock producer. In addition, the university or an employee or agent of the university shall release no other information submitted by or gathered from or deduced from a livestock producer or livestock operation pursuant to a livestock odor mitigation evaluation under section 266.49 or section 459.303, subsection 3, unless such information is used in a research project, which in turn shall not occur without the written consent of the livestock producer. Any information provided by, gathered from, or deduced from a livestock producer or livestock operation in connection with a research project or odor mitigation evaluation that is in the possession of the livestock producer or livestock operation shall not be subject to subpoena or discovery in any civil action against the producer.

         Section History: Recent Form

         2008 Acts, ch 1174, §7, 13
         Referred to in § 266.47 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.47 RESEARCH RESULTS -- INTERIM AND FINAL REPORTS. 1. Iowa state university of science and technology shall prepare and submit reports as follows: a. The university shall submit an interim report to the general assembly each year on or before January 15, through January 15, 2013. The interim report shall do all of the following: (1) Describe the university's progress in achieving the purposes of section 266.42, and detail its efforts in carrying out the livestock odor mitigation efforts described in this division. (2) Evaluate applied and basic research projects being conducted or completed and provide estimates for their completion. (3) Make any recommendation for improving, continuing, or expanding livestock odor mitigation efforts and for disseminating the results of those efforts to livestock producers. b. The university shall submit a final report to the general assembly on or before six months after the completion of its research projects as provided in section 266.41. The final report shall include a summary of efforts, the university's findings and conclusions, and recommendations necessary to carry out the purposes of section 266.42. 2. Nothing in this section prevents the university, or any individual researcher employed by or affiliated with the university, from compiling information obtained, submitted, and maintained as the result of a livestock odor mitigation effort as provided in section 266.42 involving a specific livestock operation, and publishing that information as part of the report so long as the information cannot be used to identify a livestock producer or livestock operation without the consent of the livestock producer as provided in section 266.46. 3. All information obtained by the university in connection with a research project shall be available for public examination and copying as provided in chapter 22, subject to the exceptions of section 22.7, so long as the information cannot be used to identify the livestock producer or livestock operation as provided in section 266.46.

         Section History: Recent Form

         2008 Acts, ch 1174, §8, 13 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.48 COST-SHARE PROGRAM FOR LIVESTOCK MITIGATION EFFORTS. 1. a. Iowa state university, in cooperation with the department of agriculture and land stewardship and the department of natural resources, shall establish a cost-share program for the livestock odor mitigation research efforts as established in sections 266.43 through 266.45 that maximizes participation in the livestock mitigation research efforts so as to accomplish the purposes in section 266.42, subsection 1. b. The cost-share program shall allow for monetary contributions from livestock producers and other persons with an interest in livestock production. In addition, a livestock producer participating in a livestock odor mitigation research effort as provided in sections 266.43 through 266.45 shall provide in-kind contributions to participate in a research effort which may include but are not limited to furnishing the livestock producer's own labor, construction equipment, electricity and other utility costs, insurance, real property tax payments, and basic construction materials that may be reused or continued to be used by the livestock producer after the completion of the research effort. 2. This section does not apply to a livestock producer who is required to contribute one hundred percent of the total costs of conducting a research project.

         Section History: Recent Form

         2008 Acts, ch 1174, §9, 13 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13
        

266.49 LIVESTOCK ODOR MITIGATION EVALUATION EFFORT. 1. If funding is available, Iowa state university shall provide for a livestock odor mitigation evaluation effort as provided in section 266.42. The effort shall accomplish all of the following objectives: a. Ensure ease of its use and timeliness in producing results, including reports and the issuance of a livestock odor mitigation certificate as provided in this section. b. Ensure a cost-effective process of evaluation. c. Provide a level of evaluation that corresponds to the complexity of the proposed site of construction, including unique characteristics associated with that site. 2. The livestock odor mitigation evaluation effort shall provide for increasing levels of participation by a person who requests the evaluation in cooperation with the university as follows: a. A level one evaluation that provides an opportunity for the person to complete a simple questionnaire which may be accessed by using the internet without assistance by university personnel. b. A level two evaluation that provides an opportunity for the person to consult with a specialist designated by the university who shall assist in performing a comprehensive evaluation of the site of the proposed construction. c. A level three evaluation which provides an opportunity for the person to participate in a community-based odor assessment model that uses predictive computer modeling to analyze the potential odor intensity, duration, and frequency for a neighbor from a livestock operation. 3. An evaluation may account for all factors impacting upon odor exposure as determined relevant by the university. The factors may vary based upon the type of evaluation performed. Factors which may be considered include but are not limited to all of the following: a. Characteristics relating to the proposed site including but not limited to terrain, weather patterns, surrounding vegetative barriers, the proximity of neighbors, and contributing odor sources. b. The type and size of the structure proposed to be constructed and its relationship to existing livestock operation structures. 4. At the completion of an evaluation, the university shall provide the participating person with a report including its findings and recommendations. A report may vary based upon the type of evaluation performed. The report resulting from a level one or level two evaluation may recommend that the participating person conduct a higher level evaluation. A report resulting from a level two or level three evaluation may recommend modifications to the design or orientation of the livestock operation structure proposed to be constructed, the adoption of odor mitigating practices, or the installation of odor mitigating technologies. 5. A participating person who has completed the level of evaluation as recommended by the university may request that the university issue the participating person a livestock odor mitigation evaluation certificate. The university shall issue a certificate to the participating person that verifies the person's completion of an evaluation that satisfies the requirements of this section. The university shall not issue a certificate to a participating person who has not completed the level of evaluation recommended by the university. The certificate shall identify the name of the participating person and the site where the construction is proposed. However, it shall not include any other information.

         Section History: Recent Form

         2008 Acts, ch 1174, §10, 13
         Referred to in § 266.42, 266.43, 266.46, 459.303 

         Footnotes

         Implementation of §266.40--266.49 is contingent upon receipt of
      sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13

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