Bill Text: IA SF2036 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act reducing the size of certain confinement feeding operations that qualify for exemptions from separation distance requirements, and including effective date provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2018-01-16 - Subcommittee: Shipley, Hart, and Kapucian. S.J. 109. [SF2036 Detail]
Download: Iowa-2017-SF2036-Introduced.html
Senate File 2036 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act reducing the size of certain confinement feeding 2 operations that qualify for exemptions from separation 3 distance requirements, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5216XS (4) 87 da/rn PAG LIN 1 1 Section 1. Section 459.102, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 51A. "Small confinement feeding operation" 1 4 means a confinement feeding operation that has an animal unit 1 5 capacity of three hundred or fewer animal units. 1 6 Sec. 2. Section 459.202, subsection 1, paragraph a, Code 1 7 2018, is amended to read as follows: 1 8 a. Except as provided in subsection 3 and sections 459.203, 1 9 459.203A, 459.205, and 459.206, this subsection applies to 1 10 confinement feeding operation structures constructed on or 1 11 after May 31, 1995, but prior to January 1, 1999; and to the 1 12 expansion of structures constructed prior to January 1, 1999. 1 13 Sec. 3. Section 459.202, subsection 2, paragraph a, Code 1 14 2018, is amended to read as follows: 1 15 a. Except as provided in subsection 3 and sections 459.203, 1 16 459.203A, 459.205, and 459.206, this subsection applies to 1 17 confinement feeding operation structures constructed on or 1 18 after January 1, 1999, but prior to March 1, 2003, and to the 1 19 expansion of structures constructed on or after January 1, 1 20 1999, but prior to March 1, 2003. 1 21 Sec. 4. Section 459.202, subsection 3, paragraph a, Code 1 22 2018, is amended to read as follows: 1 23 a. Except as provided in sections 459.203, 459.203A, 1 24 459.205, and 459.206, this subsection applies to confinement 1 25 feeding operation structures constructed on or after May 1 26 31, 1995, but prior to March 1, 2003; to the expansion of 1 27 structures constructed on or after May 31, 1995, but prior to 1 28 March 1, 2003; and to the expansion of structures constructed 1 29 prior to May 31, 1995. 1 30 Sec. 5. Section 459.202, subsection 4, paragraph a, Code 1 31 2018, is amended to read as follows: 1 32 a. Except as provided in subsection 5 and sections 459.203, 1 33 459.203A, 459.205, and 459.206, this subsection applies to 1 34 confinement feeding operation structures constructed on or 1 35 after March 1, 2003, and to the expansion of confinement 2 1 feeding operation structures constructed on or after March 1, 2 2 2003. 2 3 Sec. 6. Section 459.202, subsection 5, paragraph a, Code 2 4 2018, is amended to read as follows: 2 5 a. Except as provided in sections 459.203, 459.203A, 2 6 459.205, and 459.206, this subsection applies to confinement 2 7 feeding operation structures constructed on or after March 1, 2 8 2003, and to the expansion of confinement feeding operation 2 9 structures constructed on or after March 1, 2003. 2 10 Sec. 7. Section 459.202, subsection 6, Code 2018, is amended 2 11 to read as follows: 2 12 6. Except as provided insectionsections 459.203A and 2 13 459.205, a confinement feeding operation structure shall not be 2 14 constructed or expanded within one hundred feet from a public 2 15 thoroughfare. 2 16 Sec. 8. Section 459.203, unnumbered paragraph 1, Code 2018, 2 17 is amended to read as follows: 2 18 A confinement feeding operation that does not qualify as a 2 19 small confinement feeding operation, that was constructed or 2 20 expanded prior to the date thatathe applicable separation 2 21 distance requirement became effective under section 459.202, 2 22 andwhichthat does not comply withthe section'sthat 2 23 separation distance requirement may continue to operate 2 24 regardless of the separation distance requirement. The 2 25 confinement feeding operation may be expanded only if any of 2 26 the following applies: 2 27 Sec. 9. NEW SECTION. 459.203A Separation distance 2 28 requirements for confinement feeding operations qualifying as 2 29 small animal feeding operations == expansion of prior constructed 2 30 operations. 2 31 1. A confinement feeding operation that qualifies as a small 2 32 confinement feeding operation, that was constructed or expanded 2 33 prior to the date that the applicable separation distance 2 34 requirement became effective under section 459.202, and that 2 35 does not comply with that separation distance requirement 3 1 on and after the effective date of this Act may continue to 3 2 operate regardless of the separation distance requirement. 3 3 2. A confinement feeding operation described in subsection 3 4 1 may be expanded only if all of the following apply: 3 5 a. The confinement feeding operation is not expanded by 3 6 the construction or expansion of an unformed manure storage 3 7 structure. However, the confinement feeding operation may 3 8 be expanded by replacing one or more unformed manure storage 3 9 structures with one or more formed manure storage structures, 3 10 subject to all of the following: 3 11 (1) The animal weight capacity or animal unit capacity, 3 12 whichever is applicable, is not increased for that portion of 3 13 the confinement feeding operation that utilizes all replacement 3 14 formed manure storage structures. 3 15 (2) The use of each replaced unformed manure storage 3 16 structure is discontinued within one year after the 3 17 construction of the replacement formed manure storage 3 18 structure. 3 19 (3) The capacity of all replacement formed manure storage 3 20 structures does not exceed the amount required to store manure 3 21 produced by that portion of the confinement feeding operation 3 22 utilizing the formed manure storage structures during any 3 23 fourteen=month period. 3 24 (4) No portion of the replacement formed manure storage 3 25 structure is closer to an object or location for which a 3 26 separation distance is required under section 459.202 than any 3 27 other confinement feeding operation structure which is part of 3 28 the operation. 3 29 b. (1) For a confinement feeding operation constructed 3 30 prior to January 1, 1999, any construction or expansion of 3 31 a confinement feeding operation structure complies with the 3 32 separation distance requirements applying to that structure as 3 33 provided in section 459.202, subsections 1 and 3. 3 34 (2) For a confinement feeding operation constructed on 3 35 or after January 1, 1999, but prior to March 1, 2003, any 4 1 construction or expansion of a confinement feeding operation 4 2 structure complies with the separation distance requirements 4 3 applying to that structure as provided in section 459.202, 4 4 subsections 2 and 3. 4 5 (3) For a confinement feeding operation constructed on 4 6 or after March 1, 2003, any construction or expansion of a 4 7 confinement feeding operation structure complies with the 4 8 separation distance requirements applying to that structure as 4 9 provided in section 459.202, subsections 4 and 5. 4 10 Sec. 10. Section 459.205, subsection 1, Code 2018, is 4 11 amended to read as follows: 4 12 1. A confinement feeding operation structure, if the 4 13 structure is part of a confinement feeding operationwhichthat 4 14 qualifies as a smallanimalconfinement feeding operation. 4 15 However, this subsection shall not apply if the confinement 4 16 feeding operation structure is an unformed manure storage 4 17 structure. 4 18 Sec. 11. Section 459.205, subsection 4, paragraph c, Code 4 19 2018, is amended to read as follows: 4 20 c. The liquid manure originates from a smallanimal 4 21confinement feeding operation. 4 22 Sec. 12. Section 459.205, subsection 5, Code 2018, is 4 23 amended to read as follows: 4 24 5. The stockpiling of dry manure within a separation 4 25 distance required between a stockpile and an object or location 4 26 for which a separation distance is required under section 4 27 459.204B if any of the following apply: 4 28 a. The titleholder of the land benefiting from the 4 29 separation distance requirement executes a written waiver with 4 30 the titleholder of the land where the stockpile is located. 4 31 b. The stockpile consists of dry manure originating from a 4 32 small animal feeding operation other than a confinement feeding 4 33 operation. 4 34 c. The stockpile consists of dry manure originating from a 4 35 small confinement feeding operation. 5 1 d. The stockpile consists of dry manure originating from 5 2 a confinement feeding operation that was constructed before 5 3 January 1, 2006, unless the confinement feeding operation is 5 4 expanded after that date. 5 5 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 5 6 immediate importance, takes effect upon enactment. 5 7 EXPLANATION 5 8 The inclusion of this explanation does not constitute agreement with 5 9 the explanation's substance by the members of the general assembly. 5 10 BILL'S PROVISIONS == GENERAL. This bill amends the "Animal 5 11 Agriculture Compliance Act" (Code chapter 459) which in large 5 12 part regulates confinement feeding operations (operations) 5 13 including associated confinement feeding operation structures 5 14 (structures). The bill creates a new category of operation 5 15 referred to as a small confinement feeding operation that would 5 16 in part replace a current category referred to as a small 5 17 animal feeding operation currently exempt from separation 5 18 distance requirements existing between a benefited object or 5 19 location and an associated structure. 5 20 BILL'S PROVISIONS == REQUIRED SEPARATION DISTANCES UNDER 5 21 CURRENT LAW AND AS REVISED BY THE BILL. Generally, Code 5 22 chapter 459, subchapter II regulates air quality by requiring a 5 23 number of separation distances between a benefited object or 5 24 location and both: (1) an operation's structure (Code sections 5 25 459.202 and 459.203) and (2) the place where manure is used 5 26 when removed from a structure, including for land application 5 27 if the manure is liquid (Code section 459.204) or for temporary 5 28 stockpiling if the manure is solid (Code section 459.204B). 5 29 Under the bill, a small animal feeding operation existing 5 30 prior to the bill's effective date would continue to be 5 31 exempt from separation distance requirements but could expand 5 32 only under certain circumstances: (1) it could not involve 5 33 the construction or expansion of an unformed manure storage 5 34 structure, but could involve the replacement of such structure 5 35 with a formed manure storage structure, and (2) it would have 6 1 to comply with the separation distance requirement otherwise 6 2 applicable to the same kind of structure that is part of an 6 3 operation that was not exempted (New Code section 459.203A). 6 4 BACKGROUND == SEPARATION DISTANCE REQUIREMENTS. The 6 5 separation distance required between a benefited object or 6 6 location and an operation's structure is contingent upon 6 7 several criteria: first, when the operation's structure was 6 8 constructed or expanded, and second, the operation's size as 6 9 determined by calculating its confined animal capacity which 6 10 is either its animal weight capacity or animal unit capacity 6 11 (AUC). 6 12 BACKGROUND == TERMS. An operation includes a totally 6 13 roofed building where certain confined agricultural animals 6 14 are maintained for 45 days or more in any 12=month period. 6 15 An operation's structure includes a building, egg washwater 6 16 storage structure, or one of two types of manure storage 6 17 structures: formed or unformed. A formed structure has walls 6 18 and a floor constructed of durable materials such as concrete 6 19 as compared to an unformed structure such as an anaerobic 6 20 lagoon. The Code chapter also refers to a number of different 6 21 types of benefited objects or locations including a residence 6 22 (home), religious institution (e.g., a church), educational 6 23 institution (e.g., a public or nonpublic school), commercial 6 24 enterprise (e.g., a business other than a farm), public 6 25 thoroughfare (e.g., road), or a public use area (e.g., a park 6 26 or cemetery). AUC calculates the maximum number of animal 6 27 units that may be maintained as part of an operation at any one 6 28 time. A small animal feeding operation has a maximum=size AUC 6 29 of 500 animal units. A small confinement feeding operation has 6 30 a maximum size of 300 animal units. 6 31 BACKGROUND == CALCULATING ACU. In calculating an 6 32 operation's ACU, each of various types of confined agricultural 6 33 animals is assigned a special equivalency factor. For example, 6 34 each sheep or lamb has an equivalency factor of 0.10 animal 6 35 units (Code section 459.102). In order to qualify as a small 7 1 animal feeding operation, an operation must have a maximum AUC 7 2 of not more than 5,000 of such animals (500 ? 0.10 = 5,000). 7 3 Under the bill, that maximum ACU would be reduced to 3,000 7 4 animals (300 ? 0.10 = 3,000). 7 5 EFFECTIVE DATE. The bill, if enacted, would take effect upon 7 6 enactment. LSB 5216XS (4) 87 da/rn
