A bill for an act relating to the regulation of confinement feeding operations, including by providing for partially roofed structures and prohibiting the construction, including expansion, of structures, making penalties applicable, and including effective date provisions.

Senate

File

2262

-

Introduced

SENATE

FILE

2262

BY

STAED

,

QUIRMBACH

,

and

BENNETT

A

BILL

FOR

An

Act

relating

to

the

regulation

of

confinement

feeding

1

operations,

including

by

providing

for

partially

roofed

2

structures

and

prohibiting

the

construction,

including

3

expansion,

of

structures,

making

penalties

applicable,

and

4

including

effective

date

provisions.

5

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

6

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2262

Section

1.

Section

459.102,

subsection

15,

Code

2026,

is

1

amended

to

read

as

follows:

2

15.

“Confinement

feeding

operation”

means

an

animal

feeding

3

operation

in

which

animals

are

confined

to

areas

which

that

are

4

totally

or

partially

roofed.

5

Sec.

2.

NEW

SECTION

.

459.104

Moratorium

——

confinement

6

feeding

operation

structures.

7

1.

Notwithstanding

any

provision

of

this

chapter

or

any

8

other

provision

of

law

to

the

contrary,

a

person

shall

not

9

construct,

including

expand,

a

confinement

feeding

operation

10

structure.

11

2.

Subsection

1

does

not

apply

to

a

confinement

feeding

12

operation

structure

that

is

part

of

a

small

animal

feeding

13

operation.

14

3.

This

section

does

not

prohibit

a

person

from

completing

15

construction,

including

expansion,

of

a

confinement

feeding

16

operation

structure

if,

prior

to

the

effective

date

of

this

17

Act,

the

person

has

begun

construction,

including

expansion,

18

of

the

confinement

feeding

operation

structure

as

otherwise

19

allowed

under

this

chapter.

20

4.

a.

When

the

department

of

natural

resources

determines

21

there

are

fewer

than

one

hundred

water

bodies

in

Iowa

included

22

on

the

section

303(d)

list

of

impaired

waters

as

provided

in

23

sections

455B.193

through

455B.195,

the

department

shall

submit

24

that

determination

as

a

notice

for

publication

in

the

Iowa

25

administrative

bulletin

not

later

than

thirty

days

after

making

26

that

determination.

27

b.

This

section

is

repealed

thirty

days

after

the

28

publication

date

of

the

issue

of

the

Iowa

administrative

29

bulletin

that

includes

the

notice

described

in

paragraph

“a”

.

30

Sec.

3.

EFFECTIVE

DATE.

This

Act,

being

deemed

of

immediate

31

importance,

takes

effect

upon

enactment.

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.

35

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2262

BILL’S

PROVISIONS.

This

bill

amends

Code

chapter

459

1

(the

“Animal

Agriculture

Compliance

Act”)

(Code

section

2

459.101),

which

regulates

confinement

feeding

operations

by

3

the

department

of

natural

resources

(DNR).

The

bill

revises

4

the

definition

of

“confinement

feeding

operation”

to

include

5

an

operation

that

is

partially

roofed

(amended

Code

section

6

459.102(15)).

The

bill

also

prohibits

the

construction,

7

including

expansion,

of

a

confinement

feeding

operation

8

structure.

Such

a

structure

includes

a

confinement

building,

a

9

manure

storage

structure,

or

an

egg

washwater

structure.

The

10

bill

provides

an

exception

that

allows

construction

if

the

new

11

structure

is

part

of

a

small

animal

feeding

operation.

The

12

bill

does

not

prohibit

a

person

from

completing

construction

if

13

the

person

had

begun

construction

prior

to

the

effective

date

14

of

the

bill.

15

The

bill’s

provision

establishing

the

moratorium

is

16

eliminated

30

days

after

a

notice

is

published

in

the

Iowa

17

administrative

bulletin

stating

that

DNR

has

determined

that

18

there

are

fewer

than

100

water

bodies

included

in

the

section

19

303(d)

list

of

impaired

waters

in

the

state.

Every

two

years,

20

DNR

compiles

a

list

of

the

state’s

impaired

waters

(section

21

303(d)

list)

for

approval

by

the

environmental

protection

22

agency.

State

statute

requires

DNR

to

use

credible

data

when

23

determining

whether

any

water

body

of

the

state

is

to

be

placed

24

on

or

removed

from

the

section

303(d)

list

(Code

sections

25

455B.193

through

455B.195).

26

BACKGROUND

——

ENFORCEMENT

AND

APPLICABLE

CIVIL

PENALTIES.

27

Compliance

with

a

statutory

regulation

under

Code

chapter

459

28

includes

compliance

with

a

rule

adopted

by

the

department

of

29

natural

resources

(Code

section

459.103).

A

person

violating

30

air

quality

regulations

under

Code

chapter

459,

subchapter

31

II,

is

subject

to

an

administrative

assessment

of

a

civil

32

penalty

of

up

to

$10,000

(Code

sections

459.602

and

455B.109).

33

A

person

violating

a

water

quality

regulation

under

Code

34

chapter

459,

subchapter

III,

is

subject

to

the

administrative

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2262

assessment

of

a

civil

penalty

of

up

to

$10,000

(Code

sections

1

459.603

and

455B.109)

or

a

judicially

assessed

civil

penalty

of

2

up

to

$5,000

(Code

sections

459.603

and

455B.191).

3

EFFECTIVE

DATE.

The

bill

takes

effect

upon

enactment.

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