Bill Text: IA SF20 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to animal feeding operations, by providing for certain air and water quality regulations, including when two or more related confinement feeding operations are deemed to be a single operation, making penalties applicable, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-16 - Subcommittee: Kapucian, Kinney, and Zumbach. S.J. 110. [SF20 Detail]
Download: Iowa-2019-SF20-Introduced.html
Senate
File
20
-
Introduced
SENATE
FILE
20
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
animal
feeding
operations,
by
providing
1
for
certain
air
and
water
quality
regulations,
including
2
when
two
or
more
related
confinement
feeding
operations
3
are
deemed
to
be
a
single
operation,
making
penalties
4
applicable,
and
including
effective
date
and
applicability
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
Section
459.102,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
8A.
a.
“Business
entity”
means
a
person
3
organized
as
any
form
of
partnership,
limited
partnership,
or
4
limited
liability
limited
partnership
described
in
chapter
5
488;
limited
liability
company
as
described
in
chapter
489;
6
a
corporation
as
described
in
chapter
490,
491,
or
504;
an
7
association
as
described
in
chapter
497,
498,
and
499;
a
8
cooperative
described
in
chapter
501;
a
cooperative
association
9
described
in
chapter
501A;
an
agricultural
cooperative
10
association
as
defined
in
section
502.102;
an
unincorporated
11
nonprofit
association
as
described
in
chapter
501B;
or
any
12
other
entity
commonly
referred
to
as
an
investment
company,
13
joint
stock
company,
joint
stock
association,
or
trust,
14
including
but
not
limited
to
a
business
trust.
15
b.
“Business
entity”
includes
a
person
described
in
16
paragraph
“a”
regardless
of
whether
the
person
is
organized
17
in
this
state
under
any
of
those
provisions
referred
to
in
18
paragraph
“a”
or
is
otherwise
authorized
to
transact
business
19
in
this
state
under
any
of
those
provisions
referred
to
in
20
paragraph
“a”
.
21
NEW
SUBSECTION
.
41A.
“Operation
of
law”
means
a
transfer
22
by
inheritance,
devise
or
bequest,
court
order,
dissolution
23
decree,
order
in
bankruptcy,
insolvency,
replevin,
foreclosure,
24
execution
sale,
the
execution
of
a
judgment,
the
foreclosure
25
of
a
real
estate
mortgage,
the
forfeiture
of
a
real
estate
26
contract,
or
a
transfer
resulting
from
a
decree
for
specific
27
performance.
28
Sec.
2.
Section
459.201,
subsection
1,
Code
2019,
is
amended
29
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
30
following:
31
1.
Two
or
more
animal
feeding
operations
under
common
32
ownership
or
management
are
deemed
to
be
a
single
animal
33
feeding
operation
if
they
are
adjacent
or
utilize
a
common
34
system
for
manure
storage.
In
addition,
two
or
more
related
35
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confinement
feeding
operations
are
deemed
to
be
a
single
1
confinement
feeding
operation
as
provided
in
section
459.201A.
2
Sec.
3.
Section
459.201,
subsection
3,
Code
2019,
is
amended
3
to
read
as
follows:
4
3.
a.
In
calculating
the
animal
unit
capacity
of
a
5
confinement
feeding
operation,
the
animal
unit
capacity
shall
6
include
the
animal
unit
capacity
of
all
confinement
feeding
7
operation
buildings
which
are
part
of
the
confinement
feeding
8
operation,
unless
a
confinement
feeding
operation
building
has
9
been
abandoned.
10
b.
Unless
expressly
stated
otherwise
in
this
subchapter,
11
the
animal
units
of
all
confinement
feeding
operations
that
are
12
related
and
deemed
to
be
a
single
confinement
feeding
operation
13
shall
be
combined
when
calculating
the
animal
unit
capacity
of
14
any
one
of
the
confinement
feeding
operations.
15
Sec.
4.
NEW
SECTION
.
459.201A
Special
terms
——
related
16
confinement
feeding
operations.
17
1.
Two
or
more
confinement
feeding
operations
are
related
18
and
deemed
to
be
a
single
confinement
feeding
operation,
if
all
19
of
the
following
apply:
20
a.
A
confinement
feeding
operation
structure
that
is
part
21
of
one
confinement
feeding
operation
is
separated
by
less
than
22
two
thousand
five
hundred
feet
from
a
confinement
feeding
23
operation
structure
that
is
part
of
the
other
confinement
24
feeding
operation.
25
b.
Any
of
the
following
apply:
26
(1)
The
confinement
feeding
operations
utilize
a
common
27
system
for
manure
storage
or
common
area
or
system
for
manure
28
disposal.
29
(2)
The
confinement
feeding
operations
both
utilize
any
of
30
the
following:
31
(a)
A
privately
owned
road
capable
of
use
by
a
motor
vehicle
32
having
a
gross
weight
of
six
tons
or
more.
33
(b)
A
private
water
well
regardless
of
whether
the
water
34
well
is
used
to
access
water
for
human
consumption.
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(c)
A
utility
connection
that
directly
connects
the
1
confinement
feeding
operations.
2
(d)
Any
other
personal
property
owned
or
used
by
the
3
confinement
feeding
operations
as
provided
by
rule
adopted
by
4
the
department.
5
(3)
The
same
person
holds
an
interest
in
the
real
property
6
where
the
confinement
feeding
operations
are
sited.
The
person
7
may
hold
a
legal
interest
or
equitable
interest
in
the
real
8
property.
9
(a)
In
determining
whether
the
same
person
holds
an
10
interest
in
the
real
property
where
the
two
confinement
feeding
11
operations
are
sited,
an
interest
in
the
real
property
may
be
12
held
by
the
person
in
any
of
the
following
forms:
13
(i)
Legal
title,
including
as
a
joint
tenant
or
tenant
in
14
common,
or
the
holder
of
an
interest
for
life
or
term
of
years.
15
(ii)
Leasehold,
including
as
a
lessor
or
lessee.
16
(iii)
Real
estate
contract,
including
in
cases
in
which
the
17
person
is
a
vendor
or
vendee.
18
(iv)
Equitable
title,
including
as
a
settlor,
trustee,
or
19
beneficiary.
20
(v)
Easement,
including
as
the
owner
of
the
dominant
estate
21
or
servient
estate.
22
(b)
If
the
person
is
a
business
entity,
the
business
23
entity’s
interest
in
the
real
property
is
attributable
to
any
24
of
the
following:
25
(i)
A
partner,
limited
partner,
shareholder,
member,
26
settlor,
trustee,
beneficiary,
or
other
equity
holder
of
the
27
business
entity.
28
(ii)
Any
officer,
manager,
or
employee
of
the
business
29
entity.
30
(c)
A
person’s
real
property
interest
is
attributable
to
31
the
person’s
spouse,
parent,
grandparent,
lineal
ascendant
of
32
a
grandparent
or
spouse
and
any
other
lineal
descendant
of
33
the
grandparent
or
spouse,
or
a
person
acting
in
a
fiduciary
34
capacity
for
a
related
person.
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(d)
A
subsidiary
or
affiliate
of
a
business
entity
shall
be
1
deemed
to
be
the
same
business
entity.
2
(e)
A
person’s
interest
in
a
fixture
that
is
attached
to
the
3
real
property
where
a
confinement
feeding
operation
is
sited,
4
including
a
confinement
feeding
operation
structure,
shall
be
5
deemed
to
be
an
interest
in
the
confinement
feeding
operation.
6
(f)
A
person’s
property
interest
does
not
include
the
7
acquisition
of
property
by
any
of
the
following:
8
(i)
Operation
of
law.
9
(ii)
A
bona
fide
encumbrance
taken
for
purposes
of
security,
10
including
but
not
limited
to
a
mortgage
or
deed
of
trust.
11
(iii)
Under
a
contract
in
which
the
other
party
is
a
12
government
entity.
13
Sec.
5.
Section
459.203,
unnumbered
paragraph
1,
Code
2019,
14
is
amended
to
read
as
follows:
15
A
confinement
feeding
operation
constructed
or
expanded
16
prior
to
the
date
that
a
distance
requirement
became
effective
17
under
section
459.202
and
which
does
not
comply
with
the
18
section’s
distance
requirement
may
continue
to
operate
19
regardless
of
the
distance
requirement.
The
In
addition
and
20
except
as
provided
in
section
459.203A,
such
confinement
21
feeding
operation
may
be
expanded
by
the
construction
or
22
expansion
of
a
confinement
feeding
operation
structure,
if
any
23
of
the
following
applies:
24
Sec.
6.
NEW
SECTION
.
459.203A
Related
confinement
25
feeding
operations
deemed
to
be
the
same
operation
expansion
of
26
confinement
feeding
operations.
27
1.
If
two
or
more
confinement
feeding
operations
are
28
related
and
deemed
to
be
a
single
confinement
feeding
operation
29
pursuant
to
sections
459.201
and
459.201A,
neither
confinement
30
feeding
operation
shall
be
expanded
by
the
construction
or
31
expansion
of
a
confinement
feeding
operation
structure
on
or
32
after
the
effective
date
of
this
Act,
unless
the
confinement
33
feeding
operation
structure
complies
with
the
distance
34
requirements
applying
to
that
structure
as
provided
in
section
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459.202,
subsections
4
and
5.
1
2.
Notwithstanding
subsection
1,
a
confinement
feeding
2
operation
structure
may
be
expanded
by
replacing
one
or
more
3
unformed
manure
storage
structures
with
one
or
more
formed
4
manure
storage
structures,
if
all
of
the
following
apply:
5
a.
The
animal
weight
capacity
or
animal
unit
capacity,
6
whichever
is
applicable,
is
not
increased
for
that
portion
of
7
the
confinement
feeding
operation
that
utilizes
all
replacement
8
formed
manure
storage
structures.
9
b.
The
use
of
each
replaced
unformed
manure
storage
10
structure
is
discontinued
within
one
year
after
the
11
construction
of
the
replacement
formed
manure
storage
12
structure.
13
c.
The
capacity
of
all
replacement
formed
manure
storage
14
structures
does
not
exceed
the
capacity
required
to
store
15
manure
produced
by
that
portion
of
the
confinement
feeding
16
operation
that
had
utilized
all
replaced
unformed
manure
17
storage
structures.
18
d.
The
replacement
formed
manure
storage
structure
is
not
19
closer
to
an
object
or
location
benefiting
from
a
separation
20
distance
than
the
separation
distance
between
the
replaced
21
unformed
manure
storage
structure
and
the
same
object
or
22
location
as
required
in
section
459.202.
23
Sec.
7.
Section
459.205,
subsection
1,
Code
2019,
is
amended
24
to
read
as
follows:
25
1.
A
confinement
feeding
operation
structure,
if
the
26
structure
is
part
of
a
confinement
feeding
operation
which
that
27
qualifies
as
a
small
animal
feeding
operation.
However,
this
28
subsection
shall
not
apply
if
to
any
of
the
following:
29
a.
confinement
feeding
operation
structure
is
an
An
unformed
30
manure
storage
structure.
31
b.
Two
or
more
animal
feeding
operations
that
are
deemed
to
32
be
a
single
animal
feeding
operation
under
section
459.201,
if
33
the
combined
animal
unit
capacity
of
the
confinement
feeding
34
operations
is
more
than
five
hundred
animal
units.
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c.
Two
or
more
related
confinement
feeding
operations
that
1
are
deemed
to
be
a
single
confinement
feeding
operation
under
2
sections
459.201
and
459.201A,
if
the
combined
animal
unit
3
capacity
of
the
related
confinement
feeding
operations
is
more
4
than
five
hundred
animal
units.
5
Sec.
8.
Section
459.301,
subsection
1,
Code
2019,
is
amended
6
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
7
following:
8
1.
Two
or
more
animal
feeding
operations
under
common
9
ownership
or
management
are
deemed
to
be
a
single
animal
10
feeding
operation
if
they
are
adjacent
or
utilize
a
common
11
area
or
system
for
manure
application.
In
addition,
two
or
12
more
related
confinement
feeding
operations
are
deemed
to
be
13
a
single
confinement
feeding
operation
in
the
same
manner
as
14
two
confinement
feeding
operations
are
determined
to
be
related
15
under
section
459.201A.
16
Sec.
9.
Section
459.301,
subsection
3,
Code
2019,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
c.
Unless
expressly
stated
otherwise
19
in
this
subchapter,
the
animal
units
of
all
confinement
20
feeding
operations
that
are
related
and
deemed
to
be
the
21
same
confinement
feeding
operation
shall
be
combined
when
22
calculating
the
animal
unit
capacity
of
any
one
of
the
23
confinement
feeding
operations.
24
Sec.
10.
Section
459.312,
subsection
2,
Code
2019,
is
25
amended
to
read
as
follows:
26
2.
a.
Not
more
than
one
confinement
feeding
operation
shall
27
be
covered
by
a
single
manure
management
plan.
28
b.
If
two
or
more
confinement
feeding
operations
are
deemed
29
to
be
a
single
confinement
feeding
operation
under
section
30
459.301,
the
department
may
require
that
a
separate
manure
31
management
plan
cover
each
confinement
feeding
operation.
32
Sec.
11.
Section
459.317,
subsection
1,
paragraph
b,
Code
33
2019,
is
amended
by
striking
the
paragraph.
34
Sec.
12.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
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immediate
importance,
takes
effect
upon
enactment.
1
Sec.
13.
APPLICABILITY.
This
Act
shall
not
apply
to
a
2
person
who
has
begun
construction
of
a
confinement
feeding
3
operation
structure
prior
to
the
effective
date
of
this
Act.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
BILL’S
PROVISIONS
——
GENERAL.
This
bill
amends
the
“Animal
8
Agriculture
Compliance
Act”
(Code
chapter
459)
which
part
9
provides
for
the
regulation
of
animal
feeding
operations
where
10
agricultural
animals
are
maintained
for
at
least
45
days
in
11
any
12-month
period
and
includes
open
feedlots
and
confinement
12
feeding
operations
(operations)
including
associated
13
confinement
feeding
operation
structures
(structures),
such
14
as
buildings
or
manure
storage
structures.
The
Code
chapter
15
is
administered
and
enforced
by
the
department
of
natural
16
resources
(DNR).
Generally,
regulations
vary
based
on
the
size
17
of
an
operation
measured
by
its
animal
unit
capacity
(AUC).
18
BILL’S
PROVISIONS
——
RELATED
CONFINEMENT
FEEDING
OPERATIONS.
19
The
bill
provides
that
for
purposes
of
administering
and
20
enforcing
Code
chapter
459,
subchapter
II,
providing
for
21
air
quality
regulations
and
Code
chapter
459,
subchapter
22
III,
providing
for
water
quality
regulations,
two
or
more
23
operations
are
deemed
to
be
a
single
operation
if
they
are
24
related.
The
operations
are
related
if
a
structure
that
is
25
part
of
one
operation
is
separated
by
less
than
2,500
feet
from
26
a
structure
that
is
part
of
the
other
operation
and
certain
27
alternative
conditions
apply.
The
first
condition
occurs
28
if
the
confinement
feeding
operations
utilize
some
common
29
method
of
manure
storage
or
common
area
or
system
for
manure
30
disposal.
The
second
condition
occurs
when
the
confinement
31
feeding
operations
utilize
a
common
item
or
service
such
as
a
32
private
road,
private
water
well,
utility
connection,
or
other
33
personal
property
described
by
DNR
rule.
The
third
condition
34
occurs
when
the
same
person
holds
a
legal
or
equitable
interest
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in
the
real
property
where
the
operations
are
located.
If
the
1
person
is
a
business
entity,
the
business
entity’s
interest
is
2
attributable
to
any
person
who
owns
an
interest
in
the
entity
3
or
who
is
an
employee,
manager,
or
officer
of
the
entity.
A
4
person’s
interest
is
also
attributable
to
a
relative
(e.g.,
5
spouse,
child,
or
brother
or
sister).
A
person’s
interest
6
does
not
include
the
acquisition
of
property
by
a
number
of
7
devices
including
by
operation
of
law,
an
encumbrance
taken
as
8
a
security,
or
under
contract
with
a
government
entity.
9
BACKGROUND
——
CURRENT
LAW
——
ADJACENCY.
For
purposes
of
air
10
quality
regulation,
two
or
more
animal
feeding
operations
under
11
common
ownership
or
management
are
deemed
to
be
a
single
animal
12
feeding
operation
if
they
are
adjacent
or
utilize
a
common
13
system
for
manure
storage
and
are
separated
within
a
minimum
14
distance
from
each
other
based
on
the
size
of
the
operation.
15
For
purposes
of
water
quality
regulation,
two
or
more
animal
16
feeding
operations
under
common
ownership
or
management
are
17
deemed
to
be
a
single
operation
if
they
are
adjacent
or
utilize
18
a
common
area
or
system
for
manure
disposal
and
are
separated
19
by
another
set
of
separation
distances
again
based
on
the
size
20
of
the
operation.
21
BACKGROUND
——
AUC.
AUC
refers
to
a
measurement
used
to
22
determine
the
maximum
number
of
animal
units
that
may
be
23
maintained
as
part
of
an
animal
feeding
operation
at
any
one
24
time.
In
calculating
AUC,
a
special
equivalency
factor
is
25
assigned
for
each
classification
of
confined
animal.
26
BACKGROUND
——
ENFORCEMENT
AND
APPLICABLE
CIVIL
PENALTIES.
27
Compliance
with
a
statutory
regulation
under
the
Code
chapter
28
includes
compliance
with
a
rule
adopted
by
DNR
(Code
section
29
459.103).
Code
section
459.602
provides
for
civil
penalties
30
that
may
be
assessed
for
violations
of
Code
chapter
459,
31
subchapter
II
(air
quality
regulations).
A
violator
is
subject
32
to
Code
section
455B.109,
which
provides
for
the
administrative
33
assessment
of
civil
penalties
of
up
to
$10,000.
Code
section
34
459.603
provides
for
civil
penalties
that
may
be
assessed
for
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violations
of
Code
chapter
459,
subchapter
III
(water
quality
1
regulations).
A
violator
is
subject
to
either
Code
section
2
455B.109
providing
for
the
administrative
assessment
of
civil
3
penalties
or
Code
section
455B.191,
which
provides
for
a
4
general
civil
penalty
assessed
judicially
of
up
to
$5,000.
5
EFFECTIVE
DATE.
The
bill,
if
enacted,
takes
effect
upon
6
enactment.
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