Read the full stored bill text
Senate
File
2337
-
Introduced
SENATE
FILE
2337
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
3119)
(COMPANION
TO
LSB
6834HV
BY
COMMITTEE
ON
AGRICULTURE)
A
BILL
FOR
An
Act
relating
to
animal
feeding
operations
by
regulating
1
shellfish,
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
459.102,
subsection
4,
Code
2026,
is
1
amended
to
read
as
follows:
2
4.
“Animal”
means
cattle,
swine,
horses,
sheep,
chickens,
3
turkeys,
or
fish
,
or
shellfish
.
4
Sec.
2.
Section
459.102,
subsection
7,
Code
2026,
is
amended
5
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
n.
Shellfish
weighing
twenty-five
7
grams
or
more
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
.
.
.
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.
.
.
.
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.
.
.
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.
.
0.001
8
NEW
PARAGRAPH
.
o.
Shellfish
weighing
less
than
9
twenty-five
grams
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
0.00006
10
Sec.
3.
Section
459.320,
Code
2026,
is
amended
to
read
as
11
follows:
12
459.320
Exception
from
regulation
——
election
for
confinement
13
feeding
operations
confining
fish
or
shellfish
.
14
A
person
who
exclusively
confines
fish
or
shellfish
as
part
15
of
a
confinement
feeding
operation
may
elect
to
comply
with
16
the
permitting
requirements
of
section
455B.183
in
lieu
of
the
17
permitting
requirements
of
this
subchapter
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
BACKGROUND.
An
animal
feeding
operation
(AFO)
is
regulated
22
by
the
department
of
natural
resources
(DNR)
under
several
23
Code
chapters,
including
Code
chapter
459
governing
all
AFOs,
24
which
includes
provisions
regulating
confinement
feeding
25
operations,
and
Code
chapter
459A,
which
includes
selected
26
provisions
regulating
open
feedlot
operations.
An
AFO
is
27
an
area
in
which
agricultural
animals
are
confined
for
45
28
days
or
more
in
any
12-month
period,
and
all
associated
29
structures
used
for
the
storage
of
manure
or
egg
washwater.
30
For
example,
a
confinement
feeding
operation
must
include
31
a
structure
that
is
a
roofed
building
and
a
manure
storage
32
structure
used
to
store
liquid
manure
originating
from
a
33
confinement
feeding
operation
(see
Code
section
459.102).
34
Generally,
these
regulations
provide
both
air
quality
and
water
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quality
standards,
including
requiring
separation
distances
1
between
a
structure
and
protected
object
or
location
(e.g.,
a
2
residence
or
a
water
source),
the
issuance
of
permits
for
the
3
construction
or
expansion
of
a
structure,
and
plans
filed
with
4
DNR
by
the
AFO’s
owner
or
operator
for
the
land
application
of
5
manure
or
effluent
originating
from
an
AFO.
The
regulations
6
apply
differently
depending
on
the
AFO’s
size
(the
number
of
7
animals
maintained
at
the
AFO)
and
the
species
maintained
there
8
(cattle,
swine,
sheep,
horses,
turkeys,
chickens,
or
fish).
9
BACKGROUND
——
ANIMAL
UNITS.
Specifically,
DNR
regulations
10
are
calculated
on
the
basis
of
animal
units
and
specifically
11
animal
unit
capacity,
which
is
the
maximum
number
of
animal
12
units
that
may
be
maintained
as
part
of
an
AFO
at
any
one
time.
13
An
animal
species
or
two
or
more
animal
species
(i.e.,
fish)
14
are
included
in
a
category
and
assigned
an
equivalency
factor
15
based
on
the
weight
associated
with
animals
assigned
to
that
16
category.
Moreover,
a
category
may
be
subdivided
into
two
or
17
more
subcategories
each
with
separate
equivalency
factors
again
18
based
on
weight
(e.g.,
turkeys
weighing
112
ounces
or
more
and
19
turkeys
weighing
less
than
112
ounces).
The
equivalency
factor
20
for
each
category
or
subcategory
is
multiplied
by
the
number
of
21
head
of
animals
associated
with
that
category
or
subcategory.
22
BILL’S
PROVISIONS.
This
bill
includes
a
number
of
species
23
of
animals
that
are
referred
to
under
the
common
name
of
24
shellfish
under
two
subcategories
in
the
same
manner
as
25
current
law
includes
a
number
of
species
of
fish
under
two
26
categories.
In
both
cases,
the
categories
are
divided
into
27
subcategories
based
on
weight
and
assigned
the
same
equivalency
28
factors.
When
calculating
the
animal
units
for
shellfish,
one
29
shellfish
weighing
25
grams
or
more
equals
0.001
animal
units
30
(1,000
shellfish
x
0.001
=
1
animal
unit)
and
one
shellfish
31
weighing
less
than
25
grams
equals
0.00006
animal
units
(16,667
32
shellfish
x
0.00006
=
1
animal
unit).
33
A
person
who
exclusively
confines
shellfish
as
part
of
a
34
confinement
feeding
operation
may
elect
to
comply
with
the
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state’s
general
permitting
requirements
pertaining
to
water
1
quality
in
lieu
of
the
permitting
requirements
applicable
to
2
confinement
feeding
operations.
3
ENFORCEMENT
AND
APPLICABLE
CIVIL
PENALTIES.
Compliance
4
with
a
statutory
regulation
under
Code
chapter
459
includes
5
compliance
with
a
rule
adopted
by
DNR
(Code
section
459.103).
6
A
person
violating
air
quality
regulations
under
Code
chapter
7
459,
subchapter
II,
is
subject
to
an
administrative
assessment
8
of
a
civil
penalty
of
up
to
$10,000
(Code
section
459.602
9
referring
to
Code
section
455B.109).
A
person
violating
a
10
water
quality
regulation
under
Code
chapter
459,
subchapter
11
III,
is
subject
to
the
administrative
assessment
of
a
civil
12
penalty
of
up
to
$10,000
(Code
section
459.603
referring
to
13
Code
section
455B.109)
or
a
judicially
assessed
civil
penalty
14
of
up
to
$5,000
(Code
section
459.603
referring
to
Code
section
15
455B.191).
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