Bill Text: IA HF440 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to animal feeding operations, including rulemaking procedures, vehicles used in the application of manure, and biosecurity requirements. (See Cmte. Bill HF 586)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-03 - Subcommittee, Klein, Bearinger, and Deyoe. H.J. 452. [HF440 Detail]
Download: Iowa-2015-HF440-Introduced.html
House File 440 - Introduced HOUSE FILE BY KLEIN A BILL FOR 1 An Act relating to animal feeding operations, including 2 rulemaking procedures, vehicles used in the application of 3 manure, and biosecurity requirements. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2027YH (5) 86 da/nh PAG LIN 1 1 DIVISION I 1 2 PUBLIC RECORDS INDICATING NONCOMPLIANCE 1 3 WITH MANURE MANAGEMENT PLANS 1 4 Section 1. Section 459.302, Code 2015, is amended by adding 1 5 the following new subsection: 1 6 NEW SUBSECTION. 3. If the department prepares a public 1 7 record regarding a person's failure to comply with the 1 8 requirements for filing a manure management plan under 1 9 section 459.312, the department shall indicate whether it 1 10 has determined that such noncompliance was due to an obvious 1 11 mistake or oversight. The indication does not preclude the 1 12 department from later changing its determination. 1 13 DIVISION II 1 14 CERTIFIED MANURE APPLICATORS 1 15 Sec. 2. NEW SECTION. 459.316 Vehicles operated by 1 16 certified commercial manure services or commercial manure service 1 17 representatives == identification. 1 18 The department may require that a vehicle or tank used by 1 19 a certified commercial manure service or certified commercial 1 20 manure service representative transporting manure on a 1 21 public road display a certification number as assigned by 1 22 the department to the certified commercial manure service. 1 23 However, the department shall not require that the vehicle 1 24 display other information identifying the certified commercial 1 25 manure service or the certified commercial manure service 1 26 representative. 1 27 DIVISION III 1 28 BIOSECURITY 1 29 Sec. 3. Section 459.207, subsection 3, paragraph b, Code 1 30 2015, is amended to read as follows: 1 31 b. (1) Any air quality standard established by the 1 32 department for animal feeding operations shall be based on 1 33 and enforced at distances measured from a confinement feeding 1 34 operation structure to a separated location. In providing for 1 35 the enforcement of the standards, the department shall take 2 1 all initial measurements at the separated location. If the 2 2 department determines that a violation of the standards exists, 2 3 the department may conduct an investigation to trace the source 2 4 of the airborne pollutant. 2 5 (2) This section does not prohibit the department from 2 6 entering the premises of an animal feeding operation in 2 7 compliance with section 455B.103. 2 8 (3) (a)The departmentIn addition to complying with 2 9 section 455B.103, a person who is a departmental official, 2 10 an agent of the department, or a person accompanying the 2 11 departmental official shall also comply with standard 2 12 biosecurity requirements customarily required by the animal 2 13 feeding operation which are necessary in order to control the 2 14 spread of disease among an animal population. If the owner 2 15 or manager of the animal feeding operation alleges that the 2 16 person is failing to comply with the standard biosecurity 2 17 requirements, the person must leave the animal feeding 2 18 operation at the request of the owner or manager. 2 19 (b) Subparagraph division (a) does not apply if the 2 20 department obtains a search warrant issued by a district court 2 21 as provided in section 455B.103 that allows a departmental 2 22 official to enter onto or remain on the premises of the animal 2 23 feeding operation in compliance with standard biosecurity 2 24 requirements as particularly described in the warrant. 2 25 Sec. 4. Section 459.304, subsection 6, Code 2015, is amended 2 26 to read as follows: 2 27 6. a. The department may conduct an inspection of the site 2 28 on which the construction is proposed after providing at a 2 29 minimum twenty=four hours' notice or upon receiving consent 2 30 from the construction permit applicant. The county board 2 31 of supervisors that has adopted a construction evaluation 2 32 resolution may designate a county employee to accompany a 2 33 departmental official during the site inspection. The county 2 34 employee shall have the same right to access to the site's real 2 35 estate as the departmental official conducting the inspection 3 1 during the period that the county employee accompanies the 3 2 departmental official. 3 3 b. The departmental official and the county employee shall 3 4 comply with standard biosecurity requirements customarily 3 5 required by the confinement feeding operation that are 3 6 necessary in order to control the spread of disease among an 3 7 animal population. If the owner or manager of the animal 3 8 feeding operation alleges that the departmental official 3 9 or county employee is failing to comply with the standard 3 10 biosecurity requirements and that failure threatens an animal 3 11 population, the departmental official and county employee must 3 12 leave the site on which the construction is proposed at the 3 13 request of the owner or manager. The department shall proceed 3 14 with evaluating those parts of the construction application 3 15 that do not require an inspection until the matter is resolved. 3 16 Sec. 5. Section 459.601, subsection 3, Code 2015, is amended 3 17 to read as follows: 3 18 3. a. When entering the premises of an animal feeding 3 19 operation, a person who is a departmental official, an agent 3 20 of the department, or a person accompanying the departmental 3 21 official or agent shall comply with section 455B.103. 3 22 b. (1)TheIn addition to complying with section 455B.103, 3 23 a person described in paragraph "a" shall also comply with 3 24 standard biosecurity requirements customarily required by 3 25 the animal feeding operation which are necessary in order to 3 26 control the spread of disease among an animal population. 3 27 If the owner or manager of the animal feeding operation 3 28 alleges that the person is failing to comply with the standard 3 29 biosecurity requirements, the person must leave the animal 3 30 feeding operation at the request of the owner or manager. 3 31 (2) Subparagraph (1) does not apply if the department 3 32 obtains a search warrant issued by a district court as provided 3 33 in section 455B.103 that allows a departmental official to 3 34 enter onto or remain on the premises of the animal feeding 3 35 operation in compliance with standard biosecurity requirements 4 1 as particularly described in the warrant. 4 2 EXPLANATION 4 3 The inclusion of this explanation does not constitute agreement with 4 4 the explanation's substance by the members of the general assembly. 4 5 GENERAL. This bill applies to animal feeding operations in 4 6 which animals are confined and fed and maintained for 45 days 4 7 or more in any 12=month period, and specifically confinement 4 8 feeding operations constructed under a roof that store liquid 4 9 manure (Code chapter 459). The chapter is administered and 4 10 enforced by the department of natural resources under the 4 11 direction of the environmental protection commission. 4 12 MANURE MANAGEMENT PLANS. The bill provides that if the 4 13 department prepares a public record stating that a person has 4 14 failed to comply with the requirements for filing a manure 4 15 management plan, it must indicate whether the noncompliance was 4 16 due to an obvious mistake or oversight. 4 17 CERTIFIED MANURE APPLICATORS. The bill allows the 4 18 department to require that a vehicle or tank used by a 4 19 certified commercial manure service or certified commercial 4 20 manure service representative transporting manure on a 4 21 public road display a certification number as assigned by the 4 22 department, but cannot require other information identifying 4 23 the certified commercial manure service or the certified 4 24 commercial manure service representative. 4 25 BIOSECURITY. The bill requires that when the owner or 4 26 manager of an animal feeding operation alleges that a person 4 27 who is a departmental official, an agent of the department, or 4 28 a county employee fails to comply with biosecurity requirements 4 29 during an inspection of an animal feeding operation or a 4 30 construction site where an animal feeding operation exists, 4 31 that person must leave the premises or site at the request 4 32 of the owner or manager. However, this requirement does not 4 33 apply to a department official who inspects an existing animal 4 34 feeding operation pursuant to a search warrant issued by a 4 35 district court which specifies the biosecurity requirements to 5 1 be followed. LSB 2027YH (5) 86 da/nh
