Bill Text: IA HF2305 | 2021-2022 | 89th General Assembly | Introduced

---

Bill Title: A bill for an act providing for the regulation of confinement feeding operations, and making penalties applicable and including effective date provisions.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2022-02-09 - Introduced, referred to Agriculture. H.J. 203. [HF2305 Detail]

Download: Iowa-2021-HF2305-Introduced.html

---

House File 2305 - Introduced
HOUSE FILE 2305
BY STAED , MASCHER ,
BROWN-POWERS , WINCKLER ,
DONAHUE , GAINES , McCONKEY ,
WILBURN , STECKMAN ,
ANDERSON , B. MEYER ,
WESSEL-KROESCHELL ,
ABDUL-SAMAD , THEDE , HUNTER ,
CAHILL , GJERDE , JACOBY ,
KRESSIG , and KURTH
A BILL FOR
An Act providing for the regulation of confinement feeding
operations, and making penalties applicable and including
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5357YH (4) 89
da/ns

H.F. 2305
Section 1. Section 459.102, subsection 15, Code 2022, is
amended to read as follows:
15. “Confinement feeding operation” means an animal feeding
operation in which animals are confined to areas which are
totally or partially roofed.
Sec. 2. Section 459.102, Code 2022, is amended by adding the
following new subsections:
NEW SUBSECTION . 16A. “Confinement feeding operation
integrator” or “integrator” means a person who does all of the
following:
a. Acts alone, or in conjunction with others, to directly
or indirectly control the manufacturing, processing, or
preparation for sale of meat products under the federal Meat
Inspection Act or poultry products under the federal Poultry
Products Inspection Act as those terms are defined in section
189A.2.
b. Owns animals that are maintained at a confinement feeding
operation that is not owned by the person.
NEW SUBSECTION . 18A. “Contract producer” means a person who
owns a confinement feeding operation, if animals maintained at
the confinement feeding operation are owned by another person.
Sec. 3. NEW SECTION . 459.104 Prohibition on construction
and expansion of confinement feeding operation structures.
1. Notwithstanding section 459.303, or any other provision
of law to the contrary, a person shall not construct or expand
a confinement feeding operation structure.
2. Subsection 1 does not apply to a small animal feeding
operation.
3. This section shall not prohibit a person from completing
construction, including expansion, of a confinement feeding
operation structure, if prior to the effective date of this
Act, the person began such construction as otherwise allowed
under this chapter.
4. This section is repealed July 1, 2027.
Sec. 4. Section 459.301, Code 2022, is amended by adding the
-1-
LSB 5357YH (4) 89
da/ns 1/ 6

H.F. 2305
following new subsections:
NEW SUBSECTION . 1A. A confinement feeding operation
integrator shall be deemed to be a joint owner of a confinement
feeding operation together with the titleholder of the land
where the confinement feeding operation is located, if all of
the following apply:
a. The integrator owns animals that are maintained at the
confinement feeding operation.
b. The integrator enters into a production contract with
a contact producer for the maintenance of the animals at a
confinement feeding operation owned by the contract producer.
A production contract is entered into when it is signed or
orally agreed to by each party or by a person who is authorized
by a party to act on the party’s behalf.
c. The confinement feeding operation where the animals are
maintained has an animal unit capacity of one thousand or more
animal units.
d. (1) The integrator exercises substantial operational
control over the confinement feeding operation where the
animals are maintained.
(2) The department shall determine whether an integrator
exercises substantial operational control based on criteria
established by rules adopted by the department, including but
not limited to the extent that any of the following apply:
(a) The integrator holds a legal interest as a creditor in
a confinement feeding operation structure that is part of the
confinement feeding operation.
(b) The integrator provides on-site supervision of the
confinement feeding operation.
(c) The integrator provides the contract producer direction
regarding any of the following:
(i) How the animals are maintained, including providing for
the care and feeding of the animals or the administration of
vaccines or medicine to the animals.
(ii) When, how, or under what circumstances the animals are
-2-
LSB 5357YH (4) 89
da/ns 2/ 6

H.F. 2305
to be moved from the confinement feeding operation.
(iii) The storage or application of manure originating from
the confinement feeding operation.
NEW SUBSECTION . 1B. a. A confinement feeding operation
integrator may act directly or indirectly to own animals
maintained at a confinement feeding operation, or exercise
substantial operational control over the confinement feeding
operation.
b. An integrator acts indirectly by acting or attempting
to accomplish an act through an interest in a business
association, through one or more affiliates or intermediaries,
or by any method other than a direct approach, including by any
circuitous or oblique method.
Sec. 5. Section 459.303, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. The application shall include
information regarding any person who owns animals maintained
at the confinement feeding operation. If the confinement
feeding operation is deemed to be jointly owned by a contract
producer and confinement feeding operation integrator under
section 459.301, the application must be submitted jointly by
the contract producer and the integrator.
Sec. 6. Section 459.311, subsection 2, Code 2022, is amended
to read as follows:
2. Notwithstanding subsection 1 , The owner of a confinement
feeding operation that is a concentrated animal feeding
operation as defined in 40 C.F.R. §122.23(b) shall comply with
applicable national pollutant discharge elimination system
permit requirements as provided in the federal Water Pollution
Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts.
122 and 412, pursuant to rules that shall be adopted by the
commission. Any rules adopted pursuant to this subsection
shall be no more stringent than requirements under the federal
Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and
40 C.F.R. pts. 122 and 412.
-3-
LSB 5357YH (4) 89
da/ns 3/ 6

H.F. 2305
Sec. 7. Section 459.312, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 1A. The manure management plan shall state
information regarding any person who owns animals maintained at
the confinement feeding operation. If the confinement feeding
operation is deemed to be jointly owned by a contract producer
and confinement feeding operation integrator under section
459.301, the manure management plan must be submitted jointly
by the contract producer and the integrator. The production
contract for the confinement feeding operation shall be part
of the manure management plan.
Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill amends Code chapter 459 (the animal
agriculture compliance Act) (Code section 459.101) which
authorizes the department of natural resources (DNR) to
regulate confinement feeding operations. Specifically, the
bill amends Code chapter 459, subchapter III, providing for
water quality.
PARTIALLY ROOFED BUILDINGS INCLUDED. The bill revises
the definition of a confinement feeding operation to include
a building that is partially roofed (amended Code section
459.102(15)).
MORATORIUM ON CONSTRUCTION. The bill prohibits the
construction, including expansion, of a confinement feeding
operation structure. Such a structure includes a confinement
building, a manure storage structure, or an egg washwater
structure (new Code section 459.104). An exception allows
construction if the new structure is part of a small animal
feeding operation (500 or fewer animal units). The bill does
not prohibit a person from completing construction if the
person had begun construction prior to the effective date of
-4-
LSB 5357YH (4) 89
da/ns 4/ 6

H.F. 2305
the bill. The moratorium expires on July 1, 2027.
NPDES PERMITS. The bill amends a provision that requires
a confinement feeding operation to comply with applicable
national pollutant discharge elimination system (NPDES) permit
requirements under the federal Water Pollution Control Act,
by providing that any rules adopted by DNR are to be more
stringent than requirements under the Act.
CONFINEMENT FEEDING OPERATION INTEGRATION. The bill
provides for an arrangement involving a confinement feeding
operation integrator (integrator) and contract producer. An
integrator is a meat or poultry processor that owns animals
maintained by another person at a confinement feeding
operation. The contract producer is a person who owns a
confinement feeding operation where animals owned by another
person are maintained (amended Code section 459.102). An
integrator is deemed to be a joint owner of a confinement
feeding operation under certain conditions: (1) the integrator
owns animals that are maintained at the confinement feeding
operation, (2) the integrator enters into a production contract
with a contract producer for the maintenance of the animals at
a confinement feeding operation, (3) the confinement feeding
operation has an animal unit capacity of 1,000 or more animal
units, and (4) the integrator exercises substantial operational
control over the confinement feeding operation (amended Code
section 459.301). A construction permit application (amended
Code section 459.303) and a manure management plan (amended
Code section 459.313) required to be filed with the DNR
must include information regarding the ownership of animals
maintained at the confinement feeding operation.
BACKGROUND —— ANIMAL UNIT CAPACITY. An animal unit capacity
refers to the maximum number of animal units that may be
maintained in all confinement feeding operation structures
associated with a confinement feeding operation at any one time
(Code sections 459.102 and 459.301). In calculating animal
unit capacity, each of various types of animals is assigned a
-5-
LSB 5357YH (4) 89
da/ns 5/ 6

H.F. 2305
special equivalency factor which is multiplied by the number
of head of animals subject to confinement. For example, each
butcher or breeding swine weighing more than 55 pounds has an
equivalency factor of 0.4 animal units (Code section 459.102).
BACKGROUND —— ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
Compliance with a statutory regulation under the Code chapter
includes compliance with a rule adopted by DNR (Code section
459.103). A person violating a water quality regulation is
subject to the administrative assessment of a civil penalty
or a judicially assessed civil penalty of up to $5,000 (Code
sections 455B.109, 455B.191, and 459.603).
EFFECTIVE DATE. The bill takes effect upon enactment.
-6-
LSB 5357YH (4) 89
da/ns 6/ 6