Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter. He wrote this essay after attending the Iowa Department of Natural Resources’ virtual public hearing about the new Chapter 65 regulations on February 19.

The Iowa Department of Natural Resources has been revising its regulations for animal feeding operations as dictated by Governor Kim Reynolds’ Executive Order 10, issued in early 2023.

Chapter 65 of the Iowa administrative code has long contained confusing and inadequate rules, which are open to manipulation by livestock producers and the DNR.

The DNR tried to revise the regulations recently to provide more protection for Iowa’s waters in areas of karst terrain. But the governor’s “Administrative Rules Coordinator” Nate Ristow blocked the proposed rule, because it would not reduce the “regulatory burden” on livestock producers.

“It was a great day to hear from Iowans,” Department of Management Director Kraig Paulsen told reporters on September 6. He was speaking in his role as chair of Iowa’s temporary Boards and Commissions Review Committee, after nearly 70 people had testified about proposed changes to more than 100 state boards and commissions.

The two-plus hour public hearing created the impression that affected Iowans had ample opportunities to provide feedback in person. The committee is also accepting comments submitted via email (BCRCcomments@iowa.gov) through September 17.

Although some testimony or written comments may prompt the committee to tweak its plans for certain boards, the reality is that in many ways, Paulsen and other committee members prevented Iowans from offering meaningful input on the proposed changes.

Democratic State Senator Herman Quirmbach submitted the following written comments to members of the Boards and Commissions Review Committee. They are an extended version of remarks he delivered during the September 6 public hearing at the state capitol. You can view the committee’s draft recommendations here.

Mr. Chairman and Members of the Boards & Commissions Review Committee:

Thank you for the opportunity to speak to you on September 6. What follows is a review and extension of my remarks.

I offer the following observations as a member of the Tobacco Use Prevention and Control Commission (Tobacco Commission) and of the College Student Aid Commission (CSAC). I have served on both these commissions for approximately twenty years as an ex-officio non-voting member. Both commissions oversee the implementation and administration of critical state programs to protect the public health (Tobacco) and enhance educational opportunities and workforce development (CSAC). Beyond the functioning of existing programs, members of the commissions provide exceptionally valuable expertise to help guide the development of public policy for the future.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Rules and regulations need to be clear, orderly, and in one place so they can be completely understood and followed. This is especially true of those focused on concentrated animal feeding operations (CAFOs) as they impact the public health of 3.19 million Iowans and water quality of 70,297 miles of rivers and streams.

However, Chapter 65, the Iowa administrative code that regulates CAFOs, is becoming weaker, confusing, and more difficult to use under the dictates of Governor Kim Reynolds’ Executive Order Number Ten. Rather than have all pertinent information in one place, the executive order will fragment Chapter 65’s essential information and scatter it in several locations online and in offices around the state.

Executive Order Ten, dubbed “The Red Tape Review”, directs all agencies to reduce the number of words throughout the state’s entire code, eliminating language deemed unnecessary, redundant, or even too restrictive. Users will now have to search for specific Iowa statutes to completely understand and comply with CAFO rules and regulations. In the case of Chapter 65, some of the missing information will now be housed on the DNR’s website or obtained from a field office. Both environmental organizations and industry groups oppose this change.

The order requires agencies to develop a cost-benefit analysis for all the rules and regulations. We have serious concerns about how the CAFO industry’s financial interests may dominate public health and the environmental protections. The order also stipulates no new rules can be made more stringent than what is already in the code. Most CAFO regulations are anything but stringent and should be strengthened.

Iowa House and Senate Republicans have agreed to increase the allocation for Governor Kim Reynolds’ office by more than 20 percent, even as many state agencies are receiving status quo budgets for fiscal year 2024, which begins on July 1.

Senate Appropriations Committee chair Tim Kraayenbrink acknowledged during floor debate on April 26 that Republicans do not know how the governor’s office plans to use an additional $500,000 standing appropriation for FY2024.

It was an extraordinary moment, but not a surprising one. For years, Reynolds’ staff have avoided disclosing how the governor’s office was covering expenses that greatly exceeded the funds allocated by the legislature, by nearly $900,000 in fiscal year 2020 and roughly the same amount in fiscal year 2021.

The Reynolds administration has also made it increasingly difficult to uncover details about the governor’s office spending through open records requests. Budget reports for fiscal year 2022, which ran from July 2021 through last June, were provided in a different format from previous years, concealing how much other state agencies provided to compensate Reynolds’ staffers. In response to a records request, the governor’s office claimed to have no invoices for such payments.

Nevertheless, documents obtained by Bleeding Heartland indicate that other state agencies contributed about $670,000 to cover salaries and benefits for Reynolds’ staffers during fiscal year 2022. The governor’s office was able to cover another $115,000 in expenses by continuing to understaff the Office of State-Federal Relations, for which other state agencies are charged a fixed fee.

In other words, even an additional $500,000 appropriation, bringing the governor’s office general fund budget to $2.8 million for the coming fiscal year, probably would not be enough to cover all expenses.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Governor Kim Reynolds issued Executive Order 10 on January 10, requiring all state agencies, boards and commissions to repeal all existing administrative rules. These administrative rules are supposed to fill in the details of legislative intent when the legislature passes a law giving an agency, board, or commission authority to carry out its obligations under the statute.

A review of the order reveals what the governor is really up to.