Bill Text: IA HF203 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing a moratorium relating to the construction, including expansion, of structures that are part of certain confinement feeding operations where swine are kept, requesting an interim study committee, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2019-02-05 - Sponsor added, Wessel-Kroeschell. H.J. 209. [HF203 Detail]
Download: Iowa-2019-HF203-Introduced.html
House
File
203
-
Introduced
HOUSE
FILE
203
BY
STECKMAN
,
HUNTER
,
OLDSON
,
ABDUL-SAMAD
,
KRESSIG
,
STAED
,
COHOON
,
KURTZ
,
DONAHUE
,
MASCHER
,
B.
MEYER
,
BROWN-POWERS
,
and
THEDE
A
BILL
FOR
An
Act
establishing
a
moratorium
relating
to
the
construction,
1
including
expansion,
of
structures
that
are
part
of
2
certain
confinement
feeding
operations
where
swine
are
3
kept,
requesting
an
interim
study
committee,
and
including
4
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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203
Section
1.
NEW
SECTION
.
459.104
Moratorium
——
confinement
1
feeding
operations
in
which
swine
are
kept.
2
1.
a.
The
department
shall
not
approve
an
application
3
for
a
permit
for
the
construction,
including
expansion,
of
a
4
confinement
feeding
operation
structure
under
this
chapter,
if
5
the
structure
is
part
of
a
confinement
feeding
operation
in
6
which
swine
are
kept.
7
b.
A
person
shall
not
begin
construction,
including
8
expansion,
of
a
confinement
feeding
operation
structure
under
9
this
chapter,
if
the
structure
is
part
of
a
confinement
feeding
10
operation
in
which
swine
are
kept.
However,
this
paragraph
11
does
not
apply
to
a
confinement
feeding
operation
which
has
an
12
animal
unit
capacity
of
three
hundred
or
fewer
animal
units.
13
2.
Nothing
in
this
section
shall
prohibit
a
person
from
14
completing
construction,
including
expansion,
of
a
confinement
15
feeding
operation
structure,
if
prior
to
the
effective
date
16
of
this
Act,
the
person
has
begun
construction,
including
17
expansion,
of
the
confinement
feeding
operation
structure
as
18
otherwise
allowed
under
this
chapter.
19
Sec.
2.
INTERIM
STUDY
COMMITTEE
——
CONFINEMENT
FEEDING
20
OPERATION
STRUCTURE
PERMIT
APPROVAL.
The
legislative
council
21
is
requested
to
establish
an
interim
study
committee
to
22
consider
methods
to
provide
for
greater
public
participation
23
in
the
process
of
approving
or
disapproving
the
construction,
24
including
expansion,
of
confinement
feeding
operation
25
structures
which
are
part
of
confinement
feeding
operations
26
where
swine
are
kept.
The
interim
study
committee
shall
27
consider
methods
to
provide
for
greater
decision-making
by
28
county
boards
of
supervisors
and
by
the
reformation
of
the
29
master
matrix
as
provided
in
section
459.305.
If
established,
30
the
interim
study
committee
shall
submit
a
report
to
the
31
general
assembly
by
January
10,
2020,
which
includes
findings
32
and
recommendations.
33
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
34
importance,
takes
effect
upon
enactment.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
MORATORIUM.
This
bill
amends
Code
chapter
459
(the
“Animal
4
Agriculture
Compliance
Act”)
by
establishing
a
moratorium
upon
5
the
construction,
including
expansion,
of
certain
confinement
6
feeding
operation
structures
(structures)
such
as
buildings
7
or
manure
storage
structures
associated
with
the
confinement
8
feeding
operation
where
swine
are
kept.
The
moratorium
does
9
not
apply
to
a
confinement
feeding
operation
having
an
animal
10
unit
capacity
of
300
or
fewer
animal
units.
11
The
bill
provides
that
during
the
period
of
the
moratorium,
12
the
department
of
natural
resources
is
prohibited
from
13
approving
an
application
for
a
permit
to
construct
a
14
structure,
and
that
a
person
is
prohibited
from
beginning
15
such
construction.
The
bill
does
not
prohibit
a
person
from
16
completing
construction
if,
prior
to
the
effective
date
of
the
17
bill,
the
person
has
begun
the
construction.
18
LEGISLATIVE
STUDY.
The
bill
requests
that
the
legislative
19
council
establish
an
interim
committee
to
study
methods
to
20
increase
greater
public
participation
in
the
construction
of
21
structures
associated
with
swine
production
and
submit
a
report
22
to
the
general
assembly
by
January
10,
2020.
23
BACKGROUND.
The
department
of
natural
resources
regulates
24
confinement
feeding
operations.
A
confinement
feeding
25
operation
refers
to
an
area
in
which
certain
animals
associated
26
with
agriculture
are
confined
and
fed
and
maintained
under
a
27
roof
for
45
days
or
more
in
any
12-month
period,
and
includes
28
associated
structures
including
buildings
and
facilities
used
29
to
store
manure.
A
permit
to
construct
or
expand
a
structure
30
is
required
if
the
structure
is
an
unformed
manure
storage
31
structure
(e.g.,
an
anaerobic
lagoon
or
earthen
manure
storage
32
structure)
or
the
structure
is
associated
with
a
confinement
33
feeding
operation
of
a
certain
size
based
on
a
calculation
34
of
its
proposed
animal
unit
capacity
(AUC)
which
equals
the
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maximum
number
of
animal
units
that
may
be
maintained
under
1
roof
at
any
one
time
(Code
section
459.102).
A
permit
is
2
required
if
the
confinement
feeding
operation
would
have
an
3
AUC
of
1,000
or
more.
In
calculating
AUC,
each
of
various
4
types
of
animals
are
assigned
a
special
equivalency
factor.
5
For
example,
a
butcher
or
breeding
swine
weighing
more
than
6
55
pounds
has
an
equivalency
factor
of
0.4
animal
units
(Code
7
section
459.102).
A
confinement
feeding
operation
proposed
to
8
include
one
or
more
buildings
with
a
capacity
of
2,500
breeding
9
swine
would
be
required
to
obtain
a
permit
(2,500
x
0.4
=
1,000
10
AUC).
In
any
case,
a
proposed
confinement
feeding
operation
11
having
755
such
swine
would
be
subject
to
the
bill’s
moratorium
12
(755
x
0.4
=
302
AUC).
13
EFFECTIVE
DATE.
The
bill,
if
enacted,
would
take
effect
upon
14
that
date.
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