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2417
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HOUSE
FILE
2417
BY
CROKEN
A
BILL
FOR
An
Act
relating
to
animal
feeding
operations
by
providing
1
for
certain
air
and
water
quality
regulations,
including
2
when
two
or
more
related
confinement
feeding
operations
3
are
deemed
to
be
a
single
operation,
making
penalties
4
applicable,
and
including
effective
date
and
applicability
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
459.102,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
9A.
a.
“Business
entity”
means
a
person
3
recognized
as
a
partnership,
limited
partnership,
or
limited
4
liability
limited
partnership
described
in
chapter
486A
or
5
488;
a
limited
liability
company
as
described
in
chapter
6
489;
a
corporation
as
described
in
chapter
490,
491,
or
504;
7
an
association
as
described
in
chapter
497,
498,
or
499;
a
8
cooperative
described
in
chapter
501;
a
cooperative
association
9
described
in
chapter
501A;
an
unincorporated
nonprofit
10
association
as
described
in
chapter
504;
or
any
other
entity
11
commonly
referred
to
as
an
investment
company,
joint
stock
12
company,
joint
stock
association,
or
trust,
including
but
not
13
limited
to
a
business
trust.
14
b.
“Business
entity”
includes
a
person
described
in
15
paragraph
“a”
regardless
of
whether
the
person
is
formed
in
this
16
state
under
any
of
those
provisions
referred
to
in
paragraph
“a”
17
or
is
otherwise
authorized
to
do
or
transact
business
in
this
18
state
under
any
of
those
provisions
referred
to
in
paragraph
19
“a”
.
20
NEW
SUBSECTION
.
42A.
“Operation
of
law”
means
a
transfer
21
by
inheritance,
devise
or
bequest,
court
order,
dissolution
22
decree,
order
in
bankruptcy,
insolvency,
replevin,
foreclosure,
23
execution
sale,
the
execution
of
a
judgment,
the
foreclosure
24
of
a
real
estate
mortgage,
the
forfeiture
of
a
real
estate
25
contract,
or
a
transfer
resulting
from
a
decree
for
specific
26
performance.
27
Sec.
2.
Section
459.201,
subsection
1,
Code
2026,
is
amended
28
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
29
following:
30
1.
Two
or
more
animal
feeding
operations
under
common
31
ownership
or
management
are
deemed
to
be
a
single
animal
32
feeding
operation
if
they
are
adjacent
or
utilize
a
common
33
system
for
manure
storage.
In
addition,
two
or
more
related
34
confinement
feeding
operations
are
deemed
to
be
a
single
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confinement
feeding
operation
as
provided
in
section
459.201A.
1
Sec.
3.
Section
459.201,
subsection
3,
Code
2026,
is
amended
2
to
read
as
follows:
3
3.
a.
In
calculating
the
animal
unit
capacity
of
a
4
confinement
feeding
operation,
the
animal
unit
capacity
shall
5
include
the
animal
unit
capacity
of
all
confinement
feeding
6
operation
buildings
which
that
are
part
of
the
confinement
7
feeding
operation,
unless
a
confinement
feeding
operation
8
building
has
been
abandoned.
9
b.
Unless
expressly
stated
otherwise
in
this
subchapter,
10
the
animal
units
of
all
confinement
feeding
operations
that
are
11
related
and
deemed
to
be
a
single
confinement
feeding
operation
12
shall
be
combined
when
calculating
the
animal
unit
capacity
of
13
any
one
of
the
confinement
feeding
operations.
14
Sec.
4.
NEW
SECTION
.
459.201A
Special
terms
——
related
15
confinement
feeding
operations.
16
Two
or
more
confinement
feeding
operations
are
related
and
17
deemed
to
be
a
single
confinement
feeding
operation
if
all
of
18
the
following
apply:
19
1.
A
confinement
feeding
operation
structure
that
is
part
20
of
one
confinement
feeding
operation
is
separated
by
less
than
21
two
thousand
five
hundred
feet
from
a
confinement
feeding
22
operation
structure
that
is
part
of
the
other
confinement
23
feeding
operation.
24
2.
Any
of
the
following
apply:
25
a.
The
confinement
feeding
operations
utilize
a
common
26
system
for
manure
storage
or
common
area
or
system
for
manure
27
disposal.
28
b.
The
confinement
feeding
operations
both
utilize
any
of
29
the
following:
30
(1)
A
privately
owned
road
capable
of
use
by
a
motor
vehicle
31
having
a
gross
weight
of
six
tons
or
more.
32
(2)
A
private
water
well
regardless
of
whether
the
water
33
well
is
used
to
access
water
for
human
consumption.
34
(3)
A
utility
connection
that
directly
connects
the
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confinement
feeding
operations.
1
(4)
Any
other
personal
property
owned
or
used
by
the
2
confinement
feeding
operations
as
provided
by
rule
adopted
by
3
the
department.
4
c.
The
same
person
holds
an
interest
in
the
real
property
5
where
the
confinement
feeding
operations
are
sited.
The
person
6
may
hold
a
legal
interest
or
equitable
interest
in
the
real
7
property.
8
(1)
In
determining
whether
the
same
person
holds
an
9
interest
in
the
real
property
where
the
two
confinement
feeding
10
operations
are
sited,
an
interest
in
the
real
property
may
be
11
held
by
the
person
in
any
of
the
following
forms:
12
(a)
Legal
title,
including
as
a
joint
tenant
or
tenant
in
13
common,
or
the
holder
of
an
interest
for
life
or
term
of
years.
14
(b)
Leasehold,
including
as
a
lessor
or
lessee.
15
(c)
Real
estate
contract,
including
in
cases
in
which
the
16
person
is
a
vendor
or
vendee.
17
(d)
Equitable
title,
including
as
a
settlor,
trustee,
or
18
beneficiary.
19
(e)
Easement,
including
as
the
owner
of
the
dominant
estate
20
or
servient
estate.
21
(2)
If
the
person
is
a
business
entity,
the
business
22
entity’s
interest
in
the
real
property
is
attributable
to
any
23
of
the
following:
24
(a)
A
partner,
limited
partner,
member,
shareholder,
25
settlor,
trustee,
beneficiary,
or
other
equity
holder
of
the
26
business
entity.
27
(b)
Any
officer,
manager,
or
employee
of
the
business
28
entity.
29
(3)
A
person’s
real
property
interest
is
attributable
to
30
the
person’s
spouse,
parent,
grandparent,
lineal
ascendant
of
31
a
grandparent
or
spouse
and
any
other
lineal
descendant
of
32
the
grandparent
or
spouse,
sibling,
or
a
person
acting
in
a
33
fiduciary
capacity
for
a
related
person.
34
(4)
A
subsidiary
or
affiliate
of
a
business
entity
shall
be
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deemed
to
be
the
same
business
entity.
1
(5)
A
person’s
interest
in
a
fixture
that
is
attached
to
the
2
real
property
where
a
confinement
feeding
operation
is
sited,
3
including
a
confinement
feeding
operation
structure,
shall
be
4
deemed
to
be
an
interest
in
the
confinement
feeding
operation.
5
(6)
A
person’s
property
interest
does
not
include
the
6
acquisition
of
property
by
any
of
the
following:
7
(a)
Operation
of
law.
8
(b)
A
bona
fide
encumbrance
taken
for
purposes
of
security,
9
including
but
not
limited
to
a
mortgage
or
deed
of
trust.
10
(c)
Under
a
contract
in
which
the
other
party
is
a
11
government
entity.
12
Sec.
5.
Section
459.203,
unnumbered
paragraph
1,
Code
2026,
13
is
amended
to
read
as
follows:
14
A
confinement
feeding
operation
constructed
or
expanded
15
prior
to
the
date
that
a
distance
requirement
became
effective
16
under
section
459.202
and
which
that
does
not
comply
with
17
the
section’s
distance
requirement
may
continue
to
operate
18
regardless
of
the
distance
requirement.
The
In
addition
and
19
except
as
provided
in
section
459.203A,
such
confinement
20
feeding
operation
may
be
expanded
by
the
construction
or
21
expansion
of
a
confinement
feeding
operation
structure,
if
any
22
of
the
following
applies:
23
Sec.
6.
NEW
SECTION
.
459.203A
Related
confinement
24
feeding
operations
deemed
to
be
same
operation
——
expansion
of
25
confinement
feeding
operations.
26
1.
If
two
or
more
confinement
feeding
operations
are
27
related
and
deemed
to
be
a
single
confinement
feeding
operation
28
pursuant
to
sections
459.201
and
459.201A,
neither
confinement
29
feeding
operation
shall
be
expanded
by
the
construction
or
30
expansion
of
a
confinement
feeding
operation
structure
on
or
31
after
the
effective
date
of
this
Act,
unless
the
confinement
32
feeding
operation
structure
complies
with
the
distance
33
requirements
applying
to
that
structure
as
provided
in
section
34
459.202,
subsections
4
and
5.
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2.
Notwithstanding
subsection
1,
a
confinement
feeding
1
operation
structure
may
be
expanded
by
replacing
one
or
more
2
unformed
manure
storage
structures
with
one
or
more
formed
3
manure
storage
structures,
if
all
of
the
following
apply:
4
a.
The
animal
weight
capacity
or
animal
unit
capacity,
5
whichever
is
applicable,
is
not
increased
for
that
portion
of
6
the
confinement
feeding
operation
that
utilizes
all
replacement
7
formed
manure
storage
structures.
8
b.
The
use
of
each
replaced
unformed
manure
storage
9
structure
is
discontinued
within
one
year
after
the
10
construction
of
the
replacement
formed
manure
storage
11
structure.
12
c.
The
capacity
of
all
replacement
formed
manure
storage
13
structures
does
not
exceed
the
capacity
required
to
store
14
manure
produced
by
that
portion
of
the
confinement
feeding
15
operation
that
had
utilized
all
replaced
unformed
manure
16
storage
structures.
17
d.
The
replacement
formed
manure
storage
structure
is
not
18
closer
to
an
object
or
location
benefiting
from
a
separation
19
distance
than
the
separation
distance
between
the
replaced
20
unformed
manure
storage
structure
and
the
same
object
or
21
location
as
required
in
section
459.202.
22
Sec.
7.
NEW
SECTION
.
459.203B
Business
entity
——
report.
23
A
business
entity
that
holds
an
interest
in
real
property
24
where
a
confinement
feeding
operation
is
located
shall
submit
a
25
report
to
the
department
under
this
subchapter
not
later
than
26
December
31
of
each
year.
The
business
entity
shall
state
27
whether
the
confinement
feeding
operation
is
related
to
another
28
confinement
feeding
operation
as
provided
in
section
459.203A.
29
The
business
entity
shall
submit
a
list
of
names
of
any
persons
30
who
have
an
attributable
interest
in
the
real
property
where
31
the
confinement
feeding
operation
is
located
regardless
of
32
whether
the
business
entity
states
the
confinement
feeding
33
operation
is
related
to
another
confinement
feeding
operation.
34
Sec.
8.
Section
459.205,
subsection
1,
Code
2026,
is
amended
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to
read
as
follows:
1
1.
a.
A
confinement
feeding
operation
structure,
if
the
2
structure
is
part
of
a
confinement
feeding
operation
which
that
3
qualifies
as
a
small
animal
feeding
operation.
However,
this
4
subsection
shall
not
apply
if
the
confinement
feeding
operation
5
structure
is
an
unformed
manure
storage
structure.
6
b.
Paragraph
“a”
does
not
apply
to
any
of
the
following:
7
(1)
A
confinement
feeding
operation
that
includes
an
8
unformed
manure
storage
structure.
9
(2)
Two
or
more
animal
feeding
operations
that
are
deemed
to
10
be
a
single
animal
feeding
operation
under
section
459.201,
if
11
the
combined
animal
unit
capacity
of
the
confinement
feeding
12
operations
is
more
than
five
hundred
animal
units.
13
c.
Two
or
more
related
confinement
feeding
operations
that
14
are
deemed
to
be
a
single
confinement
feeding
operation
under
15
sections
459.201
and
459.201A,
if
the
combined
animal
unit
16
capacity
of
the
related
confinement
feeding
operations
is
more
17
than
five
hundred
animal
units.
18
Sec.
9.
Section
459.301,
subsection
1,
Code
2026,
is
amended
19
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
20
following:
21
1.
Two
or
more
animal
feeding
operations
under
common
22
ownership
or
management
are
deemed
to
be
a
single
animal
23
feeding
operation
if
any
of
the
following
apply:
24
a.
The
animal
feeding
operations
are
adjacent
or
utilize
a
25
common
area
or
system
for
manure
application.
26
b.
The
confinement
feeding
operations
are
deemed
to
be
a
27
single
confinement
feeding
operation
in
the
same
manner
as
two
28
confinement
feeding
operations
are
determined
to
be
related
29
under
section
459.201A.
30
Sec.
10.
Section
459.301,
subsection
3,
Code
2026,
is
31
amended
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
c.
Unless
expressly
stated
otherwise
33
in
this
subchapter,
the
animal
units
of
all
confinement
34
feeding
operations
that
are
related
and
deemed
to
be
the
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same
confinement
feeding
operation
shall
be
combined
when
1
calculating
the
animal
unit
capacity
of
any
one
of
the
2
confinement
feeding
operations.
3
Sec.
11.
NEW
SECTION
.
459.301A
Business
entity
——
report.
4
A
business
entity
that
holds
an
interest
in
real
property
5
where
a
confinement
feeding
operation
is
located
shall
submit
a
6
report
to
the
department
under
this
subchapter
not
later
than
7
December
31
of
each
year.
The
business
entity
shall
state
8
whether
the
confinement
feeding
operation
is
related
to
another
9
confinement
feeding
operation
as
provided
in
section
459.301.
10
The
business
entity
shall
submit
a
list
of
names
of
any
persons
11
who
have
an
attributable
interest
in
the
real
property
where
12
the
confinement
feeding
operation
is
located
regardless
of
13
whether
the
business
entity
states
the
confinement
feeding
14
operation
is
related
to
another
confinement
feeding
operation.
15
The
department
shall
adopt
rules
providing
for
the
combination
16
of
reports
required
in
section
459.203B
and
this
section.
17
Sec.
12.
Section
459.312,
subsection
2,
Code
2026,
is
18
amended
to
read
as
follows:
19
2.
a.
Not
more
than
one
confinement
feeding
operation
shall
20
be
covered
by
a
single
manure
management
plan.
21
b.
If
two
or
more
confinement
feeding
operations
are
22
deemed
to
be
a
single
confinement
feeding
operation
under
23
section
459.301,
the
department
may
require
a
separate
manure
24
management
plan
to
cover
each
confinement
feeding
operation.
25
Sec.
13.
Section
459.317,
subsection
1,
paragraph
b,
Code
26
2026,
is
amended
by
striking
the
paragraph.
27
Sec.
14.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
28
immediate
importance,
takes
effect
upon
enactment.
29
Sec.
15.
APPLICABILITY.
This
Act
shall
not
apply
to
a
30
person
who
has
begun
construction
of
a
confinement
feeding
31
operation
structure
prior
to
the
effective
date
of
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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BACKGROUND
——
GENERAL.
This
bill
amends
the
“Animal
1
Agriculture
Compliance
Act”
(Code
chapter
459),
which
provides
2
for
the
regulation
of
an
animal
feeding
operation
where
3
agricultural
animals
are
maintained
for
at
least
45
days
in
any
4
12-month
period
and
includes
an
open
feedlot
and
a
confinement
5
feeding
operation
(operation)
and
any
associated
confinement
6
feeding
operation
structure
(structure),
such
as
a
building
7
or
manure
storage
structure.
Compliance
with
a
statutory
8
regulation
under
the
Code
chapter
includes
compliance
with
9
a
rule
adopted
by
the
department
of
natural
resources
(DNR)
10
(Code
section
459.1030).
Generally,
regulations
vary
based
on
11
the
size
of
an
operation
measured
by
its
animal
unit
capacity
12
(AUC).
13
BACKGROUND
——
ADJACENCY.
For
purposes
of
air
quality
14
regulation,
two
or
more
animal
feeding
operations
under
common
15
ownership
or
management
are
deemed
to
be
a
single
animal
16
feeding
operation
if
they
are
adjacent
or
utilize
a
common
17
system
for
manure
storage
and
are
separated
within
a
minimum
18
distance
from
each
other
based
on
the
size
of
the
operation.
19
For
purposes
of
water
quality
regulation,
two
or
more
animal
20
feeding
operations
under
common
ownership
or
management
are
21
deemed
to
be
a
single
operation
if
they
are
adjacent
or
utilize
22
a
common
area
or
system
for
manure
disposal
and
are
separated
23
by
another
set
of
separation
distances
based
on
the
size
of
the
24
operation.
25
BACKGROUND
——
AUC.
AUC
refers
to
a
measurement
used
to
26
determine
the
maximum
number
of
animal
units
that
may
be
27
maintained
as
part
of
an
animal
feeding
operation
at
any
one
28
time.
In
calculating
AUC,
a
special
equivalency
factor
is
29
assigned
for
each
classification
of
confined
animal.
30
BILL’S
PROVISIONS
——
RELATED
CONFINEMENT
FEEDING
OPERATION.
31
The
bill
provides
that
for
purposes
of
administering
and
32
enforcing
Code
chapter
459,
subchapter
II,
providing
for
33
air
quality
regulations
and
Code
chapter
459,
subchapter
34
III,
providing
for
water
quality
regulations,
two
or
more
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operations
are
deemed
to
be
a
single
operation
if
they
are
1
related.
The
operations
are
related
if
a
structure
that
is
2
part
of
one
operation
is
separated
by
less
than
2,500
feet
from
3
a
structure
that
is
part
of
the
other
operation
and
certain
4
alternative
conditions
apply.
The
first
condition
occurs
5
if
the
confinement
feeding
operations
utilize
some
common
6
method
of
manure
storage
or
common
area
or
system
for
manure
7
disposal.
The
second
condition
occurs
when
the
confinement
8
feeding
operations
utilize
a
common
item
or
service
such
as
a
9
private
road,
private
water
well,
utility
connection,
or
other
10
personal
property
described
by
DNR
rule.
The
third
condition
11
occurs
when
the
same
person
holds
a
legal
or
equitable
interest
12
in
the
real
property
where
the
operations
are
located.
If
the
13
person
is
a
business
entity,
the
business
entity’s
interest
14
is
attributable
to
any
person
who
owns
an
interest
in
the
15
entity
or
who
is
a
partner,
limited
partner,
shareholder,
16
member,
settlor,
trustee,
beneficiary,
or
other
equity
holder
17
of
the
business
entity.
The
business
entity’s
interest
is
18
also
attributable
to
any
officer,
manager,
or
employee
of
the
19
business
entity.
A
person’s
interest
is
also
attributable
20
to
a
relative
(e.g.,
spouse,
child,
or
sibling).
A
person’s
21
interest
does
not
include
the
acquisition
of
property
by
a
22
number
of
devices
including
by
operation
of
law,
an
encumbrance
23
taken
as
a
security,
or
under
contract
with
a
government
24
entity.
25
The
bill
requires
a
business
entity
that
holds
an
interest
26
in
real
property
where
a
confinement
feeding
operation
is
27
located
to
submit
a
report
to
DNR
each
year
that
includes
a
28
list
of
names
of
any
persons
who
have
an
attributable
interest
29
in
the
real
property
where
the
confinement
feeding
operation
30
is
located.
31
APPLICABLE
CIVIL
PENALTIES.
Code
section
459.602
provides
32
for
civil
penalties
that
may
be
assessed
for
violations
of
33
Code
chapter
459,
subchapter
II
(air
quality
regulations).
A
34
violator
is
subject
to
Code
section
455B.109,
which
provides
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for
the
administrative
assessment
of
civil
penalties
of
up
to
1
$10,000.
Code
section
459.603
provides
for
civil
penalties
2
that
may
be
assessed
for
violations
of
Code
chapter
459,
3
subchapter
III
(water
quality
regulations).
A
violator
is
4
subject
to
either
Code
section
455B.109
providing
for
the
5
administrative
assessment
of
civil
penalties
or
Code
section
6
455B.191,
which
provides
for
a
general
civil
penalty
assessed
7
judicially
of
up
to
$5,000.
8
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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