Bill Text: IA HF2464 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act increasing separation distance requirements between a confinement feeding operation structure and certain locations, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-20 - Introduced, referred to Agriculture. H.J. 314. [HF2464 Detail]
Download: Iowa-2019-HF2464-Introduced.html
House
File
2464
-
Introduced
HOUSE
FILE
2464
BY
SHIPLEY
A
BILL
FOR
An
Act
increasing
separation
distance
requirements
between
1
a
confinement
feeding
operation
structure
and
certain
2
locations,
making
penalties
applicable,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
459.202,
subsection
4,
paragraph
a,
Code
1
2020,
is
amended
to
read
as
follows:
2
a.
Except
as
provided
in
subsection
subsections
5
and
5A,
3
and
sections
459.203
,
459.205
,
and
459.206
,
this
subsection
4
applies
to
confinement
feeding
operation
structures
constructed
5
on
or
after
March
1,
2003,
and
to
the
expansion
of
confinement
6
feeding
operation
structures
constructed
on
or
after
March
1,
7
2003.
8
Sec.
2.
Section
459.202,
subsection
5,
paragraph
a,
Code
9
2020,
is
amended
to
read
as
follows:
10
a.
Except
as
provided
in
subsection
5A,
and
sections
11
459.203
,
459.205
,
and
459.206
,
this
subsection
applies
to
12
confinement
feeding
operation
structures
constructed
on
or
13
after
March
1,
2003,
and
to
the
expansion
of
confinement
14
feeding
operation
structures
constructed
on
or
after
March
1,
15
2003.
16
Sec.
3.
Section
459.202,
Code
2020,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
5A.
a.
Except
as
provided
in
sections
19
459.203,
459.205,
and
459.206,
this
subsection
applies
to
20
confinement
feeding
operation
structures
constructed
on
or
21
after
the
effective
date
of
this
Act,
and
to
the
expansion
of
22
confinement
feeding
operation
structures
constructed
on
or
23
after
the
effective
date
of
this
Act.
24
b.
(1)
The
following
table
represents
the
minimum
25
separation
distance
in
feet
required
between
a
confinement
26
feeding
operation
structure
and
a
residence
not
owned
by
the
27
owner
of
the
confinement
feeding
operation,
if
the
residence
is
28
not
located
within
the
corporate
limits
of
a
city:
29
For
a
30
For
a
confinement
For
a
31
confinement
feeding
confinement
32
feeding
operation
feeding
33
operation
having
an
operation
34
having
an
animal
unit
having
an
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animal
unit
capacity
of
1,000
animal
unit
1
capacity
of
or
more
but
3,000
or
more
2
Type
of
less
than
1,000
less
than
3,000
capacity
of
3
structure
animal
units
animal
units
animal
units
4
____________________________________________________________
5
Anaerobic
2,375
3,000
3,500
6
lagoon
7
Uncovered
8
earthen
9
manure
10
storage
11
basin
12
structure
2,375
3,000
3,500
13
Uncovered
14
formed
15
manure
16
storage
17
structure
2,000
2,500
3,000
18
Covered
19
earthen
20
manure
21
storage
22
basin
1,750
2,375
2,875
23
Covered
24
formed
25
manure
26
storage
27
structure
1,750
2,375
2,875
28
Confinement
29
building
1,750
2,375
2,875
30
Egg
31
washwater
32
storage
33
structure
1,500
2,000
2,500
34
(2)
The
following
table
represents
the
minimum
separation
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distance
in
feet
required
between
a
confinement
feeding
1
operation
structure
and
a
residence
not
owned
by
the
owner
of
2
the
confinement
feeding
operation,
if
the
residence
is
located
3
within
the
corporate
limits
of
a
city:
4
For
a
5
For
a
confinement
For
a
6
confinement
feeding
confinement
7
feeding
operation
feeding
8
operation
having
an
operation
9
having
an
animal
unit
having
an
10
animal
unit
capacity
of
1,000
animal
unit
11
capacity
of
or
more
but
3,000
or
more
12
Type
of
less
than
1,000
less
than
3,000
capacity
of
13
structure
animal
units
animal
units
animal
units
14
____________________________________________________________
15
Confinement
16
feeding
17
operation
18
structure
2,375
3,000
3,500
19
Sec.
4.
Section
459.203,
subsection
1,
paragraph
c,
Code
20
2020,
is
amended
to
read
as
follows:
21
c.
(1)
For
Except
as
provided
in
subparagraph
(2),
for
a
22
confinement
feeding
operation
constructed
on
or
after
March
1,
23
2003,
any
construction
or
expansion
of
a
confinement
feeding
24
operation
structure
complies
with
the
distance
requirements
25
applying
to
that
structure
as
provided
in
section
459.202,
26
subsections
4
and
5
.
27
(2)
For
a
confinement
feeding
operation
constructed
on
28
or
after
the
effective
date
of
this
Act,
any
construction
or
29
expansion
of
a
confinement
feeding
operation
structure
complies
30
with
the
distance
requirements
applying
to
that
structure
and
a
31
residence
as
provided
in
section
459.202,
subsection
5A.
32
Sec.
5.
Section
459.204,
Code
2020,
is
amended
to
read
as
33
follows:
34
459.204
Liquid
manure
application
——
separation
distance.
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Except
as
provided
in
section
459.205
,
a
person
shall
not
1
apply
liquid
manure
from
a
confinement
feeding
operation
on
2
land
located
within
seven
the
following
separation
distances:
3
1.
Seven
hundred
fifty
feet
from
a
residence
not
owned
by
4
the
titleholder
of
the
land,
a
commercial
enterprise,
a
bona
5
fide
religious
institution,
an
educational
institution,
or
a
6
public
use
area.
7
2.
One
thousand
feet
from
a
residence
not
owned
by
the
8
titleholder
of
the
land.
9
Sec.
6.
Section
459.310,
subsection
1,
paragraph
b,
Code
10
2020,
is
amended
to
read
as
follows:
11
b.
(1)
A
confinement
feeding
operation
structure
12
constructed
prior
to
the
effective
date
of
this
Act
shall
not
13
be
constructed
if
the
confinement
feeding
operation
structure
14
as
constructed
is
closer
than
any
of
the
following:
15
(1)
(a)
Five
hundred
feet
away
from
a
water
source
other
16
than
a
major
water
source.
17
(2)
(b)
One
thousand
feet
away
from
a
major
water
source.
18
(3)
(c)
Two
thousand
five
hundred
feet
away
from
a
19
designated
wetland.
20
(2)
A
confinement
feeding
operation
structure
constructed
21
on
or
after
the
effective
date
of
this
Act
shall
not
be
22
constructed
or
expanded
if
the
confinement
feeding
operation
23
structure
as
constructed
or
expanded
is
closer
than
any
of
the
24
following:
25
(a)
Six
hundred
feet
away
from
a
water
source
other
than
a
26
major
water
source.
27
(b)
One
thousand
one
hundred
feet
away
from
a
major
water
28
source.
29
(c)
Two
thousand
five
hundred
feet
away
from
a
designated
30
wetland.
31
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
32
importance,
takes
effect
upon
enactment.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
BACKGROUND.
This
bill
amends
provisions
in
Code
chapter
2
459,
the
“Animal
Agriculture
Compliance
Act”
(Code
section
3
459.101)
regulating
confinement
feeding
operations
(operations)
4
and
associated
confinement
buildings,
manure
storage
5
structures,
and
egg
washwater
storage
structures
(structures)
6
by
the
department
of
natural
resources
(DNR).
The
Code
chapter
7
includes
subchapter
II
regulating
air
quality
and
subchapter
8
III
regulating
water
quality.
The
bill
increases
certain
9
separation
distance
requirements.
10
AIR
QUALITY.
Code
section
459.202
imposes
a
separation
11
distance
between
a
structure
and
a
number
of
benefited
12
locations
including
a
residence.
The
amount
of
the
separation
13
distance
required
depends
upon:
(1)
when
the
confinement
14
feeding
operation
structure
was
constructed
or
expanded,
15
and
(2)
the
size
of
the
confinement
feeding
operation.
The
16
bill
increases
by
500
feet
the
separation
distances
between
17
a
structure
constructed
or
expanded
on
or
after
the
bill’s
18
effective
date
and
a
residence.
Different
separation
distance
19
requirements
apply
depending
on
whether
the
residence
is
20
located
within
or
outside
the
limits
of
a
city.
A
number
21
of
exceptions
apply,
including
provisions
in
Code
section
22
459.203
which
allows
an
operation
constructed
or
expanded
23
prior
to
the
date
that
a
distance
requirement
became
effective
24
to
expand
under
certain
circumstances;
Code
section
459.205
25
which
provides
for
small
animal
feeding
operations,
when
a
26
neighboring
titleholder
executes
a
written
waiver,
or
when
a
27
benefited
location
encroaches
within
the
separation
distance;
28
and
Code
section
459.206
which
provides
an
exception
for
29
a
qualified
operation
structure
that
treats
manure
using
30
aeration.
31
Code
section
459.204
imposes
a
separation
distance
between
32
the
land
where
liquid
manure
is
applied
and
a
benefited
33
location.
The
bill
increases
by
250
feet
the
separation
34
distance
between
the
land
and
a
residence,
subject
to
the
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relevant
exemptions
in
Code
section
459.205.
1
WATER
QUALITY.
Code
section
459.310
imposes
a
separation
2
distance
between
a
structure
and
a
major
water
source
or
minor
3
water
source.
Code
section
459.102
defines
a
major
water
4
source
to
include
a
lake,
reservoir,
river,
or
stream
capable
5
of
supporting
a
floating
vessel
carrying
one
or
more
persons
6
during
a
total
of
a
six-month
period
in
one
out
of
10
years.
7
The
bill
increases
by
100
feet
the
separation
distance
between
8
a
structure
and
both
types
of
water
sources.
9
ENFORCEMENT
AND
CIVIL
PENALTIES.
Compliance
with
a
10
statutory
regulation
under
Code
chapter
459
includes
compliance
11
with
a
rule
adopted
by
DNR
(Code
section
459.103).
Code
12
section
459.602
provides
for
civil
penalties
that
may
be
13
assessed
for
violations
of
air
quality
regulations.
A
violator
14
is
subject
to
Code
section
455B.109,
which
provides
for
the
15
administrative
assessment
of
civil
penalties
of
up
to
$10,000.
16
Code
section
459.603
provides
for
civil
penalties
that
may
17
be
assessed
for
violations
of
water
quality
regulations.
A
18
violator
is
subject
to
either
Code
section
455B.109,
which
19
provides
for
the
administrative
assessment
of
civil
penalties,
20
or
Code
section
455B.191,
which
provides
for
a
general
civil
21
penalty
assessed
judicially
of
up
to
$5,000.
22
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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