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2259
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SENATE
FILE
2259
BY
STAED
,
QUIRMBACH
,
PETERSEN
,
and
BENNETT
A
BILL
FOR
An
Act
regulating
confinement
feeding
operations
by
providing
1
for
construction
permits,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
459.303,
subsection
1,
paragraphs
a
and
1
b,
Code
2026,
are
amended
to
read
as
follows:
2
a.
Except
as
provided
in
paragraph
“b”
,
a
person
must
obtain
3
a
permit
to
construct
any
of
the
following:
4
(1)
A
confinement
feeding
operation
structure
if
after
5
construction
its
confinement
feeding
operation
would
have
an
6
animal
unit
capacity
of
at
least
one
thousand
more
than
three
7
hundred
animal
units.
8
(2)
The
confinement
feeding
operation
structure
is
an
9
unformed
manure
storage
structure.
10
b.
A
person
is
not
required
to
obtain
a
permit
to
construct
11
a
confinement
feeding
operation
structure
if
any
of
the
12
following
apply:
the
confinement
feeding
operation
structure
13
is
part
of
a
confinement
feeding
operation
that
is
owned
by
a
14
research
college
conducting
research
activities
as
provided
in
15
section
459.318.
16
(1)
The
confinement
feeding
operation
structure,
if
17
constructed,
would
be
part
of
a
small
animal
feeding
operation.
18
However,
the
person
must
obtain
a
permit
under
this
section
19
if
the
confinement
feeding
operation
structure
is
an
unformed
20
manure
storage
structure.
21
(2)
The
confinement
feeding
operation
structure
is
part
of
22
a
confinement
feeding
operation
which
is
owned
by
a
research
23
college
conducting
research
activities
as
provided
in
section
24
459.318
.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
BACKGROUND
——
GENERAL.
Confinement
feeding
operations
are
29
regulated
by
the
department
of
natural
resources
(DNR)
under
30
the
“Animal
Agriculture
Compliance
Act”
(Code
chapter
459).
31
A
confinement
feeding
operation
is
a
type
of
animal
feeding
32
operation
in
which
agricultural
animals
are
maintained
for
at
33
least
45
days
in
any
12-month
period.
A
confinement
feeding
34
operation
is
an
animal
feeding
operation
in
which
animals
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2259
are
kept
in
a
structure
(building)
that
is
totally
roofed,
1
and
includes
any
associated
manure
storage
structures
(Code
2
section
459.102).
Regulations
governing
confinement
feeding
3
operations
vary
based
on
the
size
of
the
operation
measured
4
by
animal
units
(AUs).
Animal
unit
capacity
(AUC)
refers
to
5
a
measurement
used
to
determine
the
maximum
number
of
AUs
6
maintained
as
part
of
a
confinement
feeding
operation
at
any
7
one
time.
In
calculating
AUs,
a
special
equivalency
factor
8
is
assigned
for
each
classification
of
confined
agricultural
9
animal.
10
BACKGROUND
——
CONSTRUCTION
PERMITS.
Code
chapter
459,
11
subchapter
III,
governs
water
quality
standards
applicable
to
12
confinement
feeding
operations,
including
construction
permit
13
requirements.
Generally,
a
person
constructing
a
confinement
14
feeding
operation
structure
must
obtain
a
construction
permit
15
issued
by
DNR
if
the
confinement
feeding
operation
after
16
construction
meets
a
threshold
AUC
of
1,000.
One
thousand
AUs
17
equals
2,500
swine
weighing
more
than
55
pounds
(Code
section
18
459.303).
19
BILL’S
PROVISIONS.
This
bill
decreases
the
permit
threshold
20
capacity
to
300
AUs,
which
is
equal
to
750
swine
weighing
more
21
than
55
pounds.
22
APPLICABLE
PENALTIES.
A
person
who
violates
Code
chapter
23
459,
subchapter
III,
is
subject
to
the
administrative
24
assessment
of
a
civil
penalty
of
up
to
$10,000
for
each
day
of
25
a
violation
(Code
section
459.603
referring
to
Code
section
26
455B.109)
or
the
judicial
assessment
of
a
civil
penalty
of
up
27
to
$5,000
for
each
day
of
a
violation
(Code
section
459.603
28
referring
to
Code
section
455B.191).
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