Read the full stored bill text
Senate
File
2258
-
Introduced
SENATE
FILE
2258
BY
STAED
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:
7
TLSB
5221XS
(9)
91
da/js
S.F.
2258
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
any
of
the
following
apply:
33
a.
The
animal
feeding
operations
are
located
on
adjacent
34
land
or
utilize
a
common
area
or
system
for
manure
application.
35
-1-
LSB
5221XS
(9)
91
da/js
1/
10
S.F.
2258
b.
The
animal
feeding
operations
are
related
under
section
1
459.201A.
2
Sec.
3.
Section
459.201,
subsection
3,
Code
2026,
is
amended
3
to
read
as
follows:
4
3.
a.
In
calculating
the
animal
unit
capacity
of
a
5
confinement
feeding
operation,
the
animal
unit
capacity
shall
6
include
the
animal
unit
capacity
of
all
confinement
feeding
7
operation
buildings
which
that
are
part
of
the
confinement
8
feeding
operation,
unless
a
confinement
feeding
operation
9
building
has
been
abandoned.
10
b.
Unless
expressly
stated
otherwise
in
this
subchapter,
11
the
animal
units
of
all
confinement
feeding
operations
that
are
12
related
and
deemed
to
be
a
single
confinement
feeding
operation
13
shall
be
combined
when
calculating
the
animal
unit
capacity
of
14
any
one
of
the
confinement
feeding
operations.
15
Sec.
4.
NEW
SECTION
.
459.201A
Special
terms
——
related
16
confinement
feeding
operations.
17
Two
or
more
confinement
feeding
operations
are
related
and
18
deemed
to
be
a
single
confinement
feeding
operation
if
all
of
19
the
following
apply:
20
1.
A
confinement
feeding
operation
structure
that
is
part
21
of
one
confinement
feeding
operation
is
separated
by
less
than
22
two
thousand
five
hundred
feet
from
a
confinement
feeding
23
operation
structure
that
is
part
of
the
other
confinement
24
feeding
operation.
25
2.
Any
of
the
following
apply:
26
a.
The
confinement
feeding
operations
utilize
a
common
27
system
for
manure
storage
or
common
area
or
system
for
manure
28
disposal.
29
b.
The
confinement
feeding
operations
both
utilize
any
of
30
the
following:
31
(1)
A
privately
owned
road
capable
of
use
by
a
motor
vehicle
32
having
a
gross
weight
of
six
tons
or
more.
33
(2)
A
private
water
well
regardless
of
whether
the
water
34
well
is
used
to
access
water
for
human
consumption.
35
-2-
LSB
5221XS
(9)
91
da/js
2/
10
S.F.
2258
(3)
A
utility
connection
that
directly
connects
the
1
confinement
feeding
operations.
2
(4)
Any
other
personal
property
owned
or
used
by
the
3
confinement
feeding
operations
as
provided
by
rule
adopted
by
4
the
department.
5
c.
The
same
person
holds
an
interest
in
the
real
property
6
where
the
confinement
feeding
operations
are
sited.
The
person
7
may
hold
a
legal
interest
or
equitable
interest
in
the
real
8
property.
9
(1)
In
determining
whether
the
same
person
holds
an
10
interest
in
the
real
property
where
the
two
confinement
feeding
11
operations
are
sited,
an
interest
in
the
real
property
may
be
12
held
by
the
person
in
any
of
the
following
forms:
13
(a)
Legal
title,
including
as
a
joint
tenant
or
tenant
in
14
common,
or
the
holder
of
an
interest
for
life
or
term
of
years.
15
(b)
Leasehold,
including
as
a
lessor
or
lessee.
16
(c)
Real
estate
contract,
including
in
cases
in
which
the
17
person
is
a
vendor
or
vendee.
18
(d)
Equitable
title,
including
as
a
settlor,
trustee,
or
19
beneficiary.
20
(e)
Easement,
including
as
the
owner
of
the
dominant
estate
21
or
servient
estate.
22
(2)
If
the
person
is
a
business
entity,
the
business
23
entity’s
interest
in
the
real
property
is
attributable
to
any
24
of
the
following:
25
(a)
A
partner,
limited
partner,
member,
shareholder,
26
settlor,
trustee,
beneficiary,
or
other
equity
holder
of
the
27
business
entity.
28
(b)
Any
officer,
manager,
or
employee
of
the
business
29
entity.
30
(3)
A
person’s
real
property
interest
is
attributable
to
31
the
person’s
spouse,
parent,
grandparent,
lineal
ascendant
of
32
a
grandparent
or
spouse
and
any
other
lineal
descendant
of
33
the
grandparent
or
spouse,
sibling,
or
a
person
acting
in
a
34
fiduciary
capacity
for
a
related
person.
35
-3-
LSB
5221XS
(9)
91
da/js
3/
10
S.F.
2258
(4)
A
subsidiary
or
affiliate
of
a
business
entity
shall
be
1
deemed
to
be
the
same
business
entity.
2
(5)
A
person’s
interest
in
a
fixture
that
is
attached
to
the
3
real
property
where
a
confinement
feeding
operation
is
sited,
4
including
a
confinement
feeding
operation
structure,
shall
be
5
deemed
to
be
an
interest
in
the
confinement
feeding
operation.
6
(6)
A
person’s
property
interest
does
not
include
the
7
acquisition
of
property
by
any
of
the
following:
8
(a)
Operation
of
law.
9
(b)
A
bona
fide
encumbrance
taken
for
purposes
of
security,
10
including
but
not
limited
to
a
mortgage
or
deed
of
trust.
11
(c)
Under
a
contract
in
which
the
other
party
is
a
12
government
entity.
13
Sec.
5.
Section
459.203,
unnumbered
paragraph
1,
Code
2026,
14
is
amended
to
read
as
follows:
15
A
confinement
feeding
operation
constructed
or
expanded
16
prior
to
the
date
that
a
distance
requirement
became
effective
17
under
section
459.202
and
which
that
does
not
comply
with
18
the
section’s
distance
requirement
may
continue
to
operate
19
regardless
of
the
distance
requirement.
The
In
addition
and
20
except
as
provided
in
section
459.203A,
such
confinement
21
feeding
operation
may
be
expanded
by
the
construction
or
22
expansion
of
a
confinement
feeding
operation
structure,
if
any
23
of
the
following
applies:
24
Sec.
6.
NEW
SECTION
.
459.203A
Related
confinement
25
feeding
operations
deemed
to
be
same
operation
——
expansion
of
26
confinement
feeding
operations.
27
1.
If
two
or
more
confinement
feeding
operations
are
28
related
and
deemed
to
be
a
single
confinement
feeding
operation
29
pursuant
to
sections
459.201
and
459.201A,
neither
confinement
30
feeding
operation
shall
be
expanded
by
the
construction
or
31
expansion
of
a
confinement
feeding
operation
structure
on
or
32
after
the
effective
date
of
this
Act,
unless
the
confinement
33
feeding
operation
structure
complies
with
the
distance
34
requirements
applying
to
that
structure
as
provided
in
section
35
-4-
LSB
5221XS
(9)
91
da/js
4/
10
S.F.
2258
459.202,
subsections
4
and
5.
1
2.
Notwithstanding
subsection
1,
a
confinement
feeding
2
operation
structure
may
be
expanded
by
replacing
one
or
more
3
unformed
manure
storage
structures
with
one
or
more
formed
4
manure
storage
structures,
if
all
of
the
following
apply:
5
a.
The
animal
weight
capacity
or
animal
unit
capacity,
6
whichever
is
applicable,
is
not
increased
for
that
portion
of
7
the
confinement
feeding
operation
that
utilizes
all
replacement
8
formed
manure
storage
structures.
9
b.
The
use
of
each
replaced
unformed
manure
storage
10
structure
is
discontinued
within
one
year
after
the
11
construction
of
the
replacement
formed
manure
storage
12
structure.
13
c.
The
capacity
of
all
replacement
formed
manure
storage
14
structures
does
not
exceed
the
capacity
required
to
store
15
manure
produced
by
that
portion
of
the
confinement
feeding
16
operation
that
had
utilized
all
replaced
unformed
manure
17
storage
structures.
18
d.
The
replacement
formed
manure
storage
structure
is
not
19
closer
to
an
object
or
location
benefiting
from
a
separation
20
distance
than
the
separation
distance
between
the
replaced
21
unformed
manure
storage
structure
and
the
same
object
or
22
location
as
required
in
section
459.202.
23
Sec.
7.
NEW
SECTION
.
459.203B
Business
entity
——
report.
24
1.
A
business
entity
that
holds
an
interest
in
real
property
25
where
a
confinement
feeding
operation
is
located
shall
submit
a
26
report
to
the
department
under
this
subchapter
not
later
than
27
December
31
of
each
year.
However,
if
a
business
entity
is
28
submitting
an
application
to
the
department
for
a
permit
to
29
construct,
including
expand,
a
confinement
feeding
operation
30
structure
as
provided
in
section
459.303,
the
business
entity
31
shall
submit
the
report
with
the
application.
32
2.
The
business
entity
shall
state
whether
the
confinement
33
feeding
operation
is
related
to
another
confinement
feeding
34
operation
as
provided
in
section
459.203A.
35
-5-
LSB
5221XS
(9)
91
da/js
5/
10
S.F.
2258
3.
The
business
entity
shall
submit
a
list
of
names
of
any
1
persons
who
have
an
attributable
interest
in
the
real
property
2
where
the
confinement
feeding
operation
is
located
regardless
3
of
whether
the
business
entity
states
the
confinement
feeding
4
operation
is
related
to
another
confinement
feeding
operation.
5
4.
The
report
shall
include
the
name
of
the
business
entity
6
described
in
subsection
1
and
the
percentage
equity
interest
7
in
that
business
entity
held
by
each
named
person.
If
the
8
business
entity
is
a
limited
liability
company,
as
provided
in
9
chapter
489,
the
company
shall
attach
to
the
report
a
copy
of
10
those
pages
of
the
company’s
operating
agreement
that
identify
11
the
equity
position
held
by
each
member
of
the
company.
12
Sec.
8.
Section
459.205,
subsection
1,
Code
2026,
is
amended
13
to
read
as
follows:
14
1.
a.
A
confinement
feeding
operation
structure,
if
the
15
structure
is
part
of
a
confinement
feeding
operation
which
that
16
qualifies
as
a
small
animal
feeding
operation.
However,
this
17
subsection
shall
not
apply
if
the
confinement
feeding
operation
18
structure
is
an
unformed
manure
storage
structure.
19
b.
Paragraph
“a”
does
not
apply
to
any
of
the
following:
20
(1)
A
confinement
feeding
operation
that
includes
an
21
unformed
manure
storage
structure.
22
(2)
Two
or
more
animal
feeding
operations
that
are
deemed
to
23
be
a
single
animal
feeding
operation
under
section
459.201,
if
24
the
combined
animal
unit
capacity
of
the
confinement
feeding
25
operations
is
more
than
five
hundred
animal
units.
26
c.
Two
or
more
related
confinement
feeding
operations
that
27
are
deemed
to
be
a
single
confinement
feeding
operation
under
28
sections
459.201
and
459.201A,
if
the
combined
animal
unit
29
capacity
of
the
related
confinement
feeding
operations
is
more
30
than
five
hundred
animal
units.
31
Sec.
9.
Section
459.301,
subsection
1,
Code
2026,
is
amended
32
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
33
following:
34
1.
Two
or
more
animal
feeding
operations
under
common
35
-6-
LSB
5221XS
(9)
91
da/js
6/
10
S.F.
2258
ownership
or
management
are
deemed
to
be
a
single
animal
1
feeding
operation
if
any
of
the
following
apply:
2
a.
The
animal
feeding
operations
are
adjacent
or
utilize
a
3
common
area
or
system
for
manure
application.
4
b.
The
confinement
feeding
operations
are
deemed
to
be
a
5
single
confinement
feeding
operation
in
the
same
manner
as
two
6
confinement
feeding
operations
are
determined
to
be
related
7
under
section
459.201A.
8
Sec.
10.
Section
459.301,
subsection
3,
Code
2026,
is
9
amended
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
c.
Unless
expressly
stated
otherwise
11
in
this
subchapter,
the
animal
units
of
all
confinement
12
feeding
operations
that
are
related
and
deemed
to
be
the
13
same
confinement
feeding
operation
shall
be
combined
when
14
calculating
the
animal
unit
capacity
of
any
one
of
the
15
confinement
feeding
operations.
16
Sec.
11.
NEW
SECTION
.
459.301A
Business
entity
——
report.
17
A
business
entity
that
holds
an
interest
in
real
property
18
where
a
confinement
feeding
operation
is
located
shall
submit
a
19
report
to
the
department
as
provided
in
section
459.203B.
20
Sec.
12.
Section
459.303,
subsection
3,
Code
2026,
is
21
amended
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
e.
A
new
or
updated
report
required
to
be
23
submitted
to
the
department
pursuant
to
section
459.203B.
24
Sec.
13.
Section
459.312,
subsection
2,
Code
2026,
is
25
amended
to
read
as
follows:
26
2.
a.
Not
more
than
one
confinement
feeding
operation
shall
27
be
covered
by
a
single
manure
management
plan.
28
b.
If
two
or
more
confinement
feeding
operations
are
29
deemed
to
be
a
single
confinement
feeding
operation
under
30
section
459.301,
the
department
may
require
a
separate
manure
31
management
plan
to
cover
each
confinement
feeding
operation.
32
Sec.
14.
Section
459.317,
subsection
1,
paragraph
b,
Code
33
2026,
is
amended
by
striking
the
paragraph.
34
Sec.
15.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
35
-7-
LSB
5221XS
(9)
91
da/js
7/
10
S.F.
2258
immediate
importance,
takes
effect
upon
enactment.
1
Sec.
16.
APPLICABILITY.
This
Act
shall
not
apply
to
a
2
person
who
has
begun
construction
of
a
confinement
feeding
3
operation
structure
prior
to
the
effective
date
of
this
Act.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
BACKGROUND
——
GENERAL.
This
bill
amends
the
“Animal
8
Agriculture
Compliance
Act”
(Code
chapter
459),
which
provides
9
for
the
regulation
of
an
animal
feeding
operation
where
10
agricultural
animals
are
maintained
for
at
least
45
days
in
any
11
12-month
period
and
includes
an
open
feedlot
and
a
confinement
12
feeding
operation
(operation)
and
any
associated
confinement
13
feeding
operation
structure
(structure),
such
as
a
building
14
or
manure
storage
structure.
Compliance
with
a
statutory
15
regulation
under
the
Code
chapter
includes
compliance
with
16
a
rule
adopted
by
the
department
of
natural
resources
(DNR)
17
(Code
section
459.1030).
Generally,
regulations
vary
based
on
18
the
size
of
an
operation
measured
by
its
animal
unit
capacity
19
(AUC).
20
BACKGROUND
——
ADJACENCY.
For
purposes
of
air
quality
21
regulation,
two
or
more
animal
feeding
operations
under
common
22
ownership
or
management
are
deemed
to
be
a
single
animal
23
feeding
operation
if
they
are
adjacent
or
utilize
a
common
24
system
for
manure
storage
and
are
separated
within
a
minimum
25
distance
from
each
other
based
on
the
size
of
the
operation.
26
For
purposes
of
water
quality
regulation,
two
or
more
animal
27
feeding
operations
under
common
ownership
or
management
are
28
deemed
to
be
a
single
operation
if
they
are
adjacent
or
utilize
29
a
common
area
or
system
for
manure
disposal
and
are
separated
30
by
another
set
of
separation
distances
based
on
the
size
of
the
31
operation.
32
BACKGROUND
——
AUC.
AUC
refers
to
a
measurement
used
to
33
determine
the
maximum
number
of
animal
units
that
may
be
34
maintained
as
part
of
an
animal
feeding
operation
at
any
one
35
-8-
LSB
5221XS
(9)
91
da/js
8/
10
S.F.
2258
time.
In
calculating
AUC,
a
special
equivalency
factor
is
1
assigned
for
each
classification
of
confined
animal.
2
BILL’S
PROVISIONS
——
RELATED
CONFINEMENT
FEEDING
OPERATION.
3
The
bill
provides
that
for
purposes
of
administering
and
4
enforcing
Code
chapter
459,
subchapter
II,
providing
for
air
5
quality
regulations
and
Code
chapter
459,
subchapter
III,
6
providing
for
water
quality
regulations,
two
or
more
operations
7
are
deemed
to
be
a
single
operation
if
they
are
(1)
under
8
common
ownership
or
management
and
are
located
on
adjacent
9
land
or
utilize
a
common
area
or
system
for
manure
application
10
or
(2)
they
are
related.
The
operations
are
related
if
a
11
structure
that
is
part
of
one
operation
is
separated
by
less
12
than
2,500
feet
from
a
structure
that
is
part
of
the
other
13
operation
and
certain
alternative
conditions
apply.
The
14
first
condition
occurs
if
the
confinement
feeding
operations
15
utilize
some
common
method
of
manure
storage
or
common
area
16
or
system
for
manure
disposal.
The
second
condition
occurs
17
when
the
confinement
feeding
operations
utilize
a
common
18
item
or
service
such
as
a
private
road,
private
water
well,
19
utility
connection,
or
other
personal
property
described
by
DNR
20
rule.
The
third
condition
occurs
when
the
same
person
holds
21
a
legal
or
equitable
interest
in
the
real
property
where
the
22
operations
are
located.
If
the
person
is
a
business
entity,
23
the
business
entity’s
interest
is
attributable
to
any
person
24
who
owns
an
interest
in
the
entity
or
who
is
a
partner,
limited
25
partner,
shareholder,
member,
settlor,
trustee,
beneficiary,
26
or
other
equity
holder
of
the
business
entity.
The
business
27
entity’s
interest
is
also
attributable
to
any
officer,
manager,
28
or
employee
of
the
business
entity.
A
person’s
interest
is
29
also
attributable
to
a
relative
(e.g.,
spouse,
child,
or
30
sibling).
A
person’s
interest
does
not
include
the
acquisition
31
of
property
by
a
number
of
devices
including
by
operation
of
32
law,
an
encumbrance
taken
as
a
security,
or
under
contract
with
33
a
government
entity.
34
The
bill
requires
a
business
entity
that
holds
an
interest
35
-9-
LSB
5221XS
(9)
91
da/js
9/
10
S.F.
2258
in
real
property
where
a
confinement
feeding
operation
is
1
located
to
submit
a
report
to
DNR
each
year
that
includes
a
2
list
of
names
of
any
persons
who
have
an
attributable
interest
3
in
the
real
property
where
the
confinement
feeding
operation
4
is
located.
The
report
must
include
the
name
of
the
business
5
entity
and
the
percentage
equity
interest
in
that
business
6
entity
held
by
each
named
person.
The
report
must
be
part
of
7
any
permit
for
the
construction
or
expansion
of
a
confinement
8
feeding
operation.
9
APPLICABLE
CIVIL
PENALTIES.
Code
section
459.602
provides
10
for
civil
penalties
that
may
be
assessed
for
violations
of
11
Code
chapter
459,
subchapter
II
(air
quality
regulations).
A
12
violator
is
subject
to
Code
section
455B.109,
which
provides
13
for
the
administrative
assessment
of
civil
penalties
of
up
to
14
$10,000.
Code
section
459.603
provides
for
civil
penalties
15
that
may
be
assessed
for
violations
of
Code
chapter
459,
16
subchapter
III
(water
quality
regulations).
A
violator
is
17
subject
to
either
Code
section
455B.109
providing
for
the
18
administrative
assessment
of
civil
penalties
or
Code
section
19
455B.191,
which
provides
for
a
general
civil
penalty
assessed
20
judicially
of
up
to
$5,000.
21
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
22
-10-
LSB
5221XS
(9)
91
da/js
10/
10