House File 2124 - Introduced HOUSE FILE 2124 BY STECKMAN , STAED , LEVIN , KURTH , CROKEN , ABDUL-SAMAD , KRESSIG , BROWN-POWERS , WESSEL-KROESCHELL , and WILBURN 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 TLSB 5779YH (3) 90 da/ns

H.F. 2124 Section 1. Section 459.102, subsection 15, Code 2024, 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 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 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 21 importance, takes effect upon enactment. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 GENERAL. This bill amends Code chapter 459 (the “Animal 26 Agriculture Compliance Act”) (Code section 459.101) which 27 regulates confinement feeding operations. The bill revises 28 the definition of a confinement feeding operation to include 29 an operation that is partially roofed (amended Code section 30 459.102(15)). An open feed lot is an animal feeding operation 31 that may be partially roofed (Code section 459A.102). The 32 bill also prohibits the construction, including expansion, of 33 a confinement feeding operation structure. Such a structure 34 includes a confinement building, a manure storage structure, 35 -1- LSB 5779YH (3) 90 da/ns 1/ 2

H.F. 2124 or an egg washwater structure. The bill provides an exception 1 that allows construction if the new structure is part of a 2 small animal feeding operation. The bill does not prohibit a 3 person from completing construction if the person had begun 4 construction prior to the effective date of the bill. 5 BACKGROUND —— ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. 6 Compliance with a statutory regulation under Code chapter 459 7 includes compliance with a rule adopted by the department of 8 natural resources (Code section 459.103). A person violating 9 air quality regulations under Code chapter 459, subchapter 10 II, is subject to an administrative assessment of a civil 11 penalty of up to $10,000 (Code sections 459.602 and 455B.109). 12 A person violating a water quality regulation under Code 13 chapter 459, subchapter III, is subject to the administrative 14 assessment of a civil penalty of up to $10,000 (Code sections 15 459.603 and 455B.109) or a judicially assessed civil penalty of 16 up to $5,000 (Code sections 459.603 and 455B.191). A person 17 violating a provision regulating an open feed lot operation is 18 also subject to the judicially assessed civil penalty of up to 19 $5,000 (Code sections 459A.502 and 455B.191). 20 EFFECTIVE DATE. The bill takes effect upon enactment. 21 -2- LSB 5779YH (3) 90 da/ns 2/ 2