House File 2365 - Introduced HOUSE FILE 2365 BY WORTHAN , DRAKE , DE BOEF , GRASSLEY , FORRISTALL , ALONS , S. OLSON , MERTZ , HUSEMAN , RAYHONS , ROBERTS , and SWEENEY A BILL FOR An Act relating to residences in proximity to confinement 1 feeding operations and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5816YH (4) 83 da/sc

H.F. 2365 Section 1. Section 459.201, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. “Residence” means a building, and the 3 land it is located on, including all structures attached to or 4 appurtenant to the building, if the building is used as a place 5 of human habitation on a permanent and frequent basis, is not 6 readily mobile, is assessed and taxed as real property, and 7 meets all of the following criteria: 8 a. The building must be occupied as a domicile. 9 (1) The building is occupied as a domicile, if all of the 10 following criteria have been satisfied: 11 (a) The building has been occupied by humans for more than 12 six months in the last two years. 13 (b) The building has not been constructed or moved to its 14 current location within the previous six months. 15 (2) Any requirement of subparagraph (1) does not apply if a 16 preponderance of evidence shows that the building is a person’s 17 permanent home and that person returns to the building after 18 any temporary absence. Any person providing evidence under 19 this subparagraph has the burden of proof. 20 b. (1) The building is permanently connected to a basic 21 utility that normally provides for the uninterrupted delivery 22 of all of the following: 23 (a) Electricity. 24 (b) Drinking or sanitary water. 25 (c) Human sewage disposal via a private or semipublic sewage 26 disposal system or a sewage disposal system which is owned 27 by a city, a sanitary district, or a designated and approved 28 management agency under the federal Water Pollution Control 29 Act, 33 U.S.C. § 1288. Human sewage disposal does not include 30 a portable or fixed tank or vessel holding untreated human 31 waste without secondary wastewater treatment. 32 (2) The requirement in subparagraph (1) does not apply if a 33 person occupying the building professes a religious principle 34 or tenet that prohibits the use of basic utilities and the 35 -1- LSB 5816YH (4) 83 da/sc 1/ 3

H.F. 2365 person would be exempt from compulsory education standards 1 if the person had a school-age child as provided in section 2 299.24. 3 EXPLANATION 4 BACKGROUND. This bill amends Code chapter 459, the 5 Animal Agriculture Compliance Act (Code section 459.101), 6 and specifically subchapter II which provides for air 7 quality regulations. The bill includes a definition of 8 “residence” which is subject to a number of separation distance 9 requirements relating to the construction or expansion of a 10 confinement feeding operation structure (Code sections 459.202 11 and 459.203), the application of liquid manure (Code section 12 459.204), and the stockpiling of manure originating from a 13 confinement feeding operation (Code sections 459.204B and 14 459.205). 15 DEFINITION OF RESIDENCE. The bill provides that a residence 16 is a building that is used as a place of human habitation on 17 a permanent and frequent basis, is not readily mobile, and is 18 assessed and taxed as real property. In addition, it must meet 19 the following two criteria: 20 First, it must be used as a domicile by being occupied by 21 humans for more than six months in the last two years and 22 cannot have been moved to its current location within the 23 previous six months. However, a person may overcome these 24 requirements by proving that it is the person’s permanent home 25 and that person returns to the building after any temporary 26 absence. 27 Second, the building is permanently connected to a basic 28 utility that normally provides for the uninterrupted delivery 29 of electricity, drinking or sanitary water, and human sewage 30 disposal. However, a person is not required to comply with 31 these requirements if a person occupying the house professes a 32 religious principle or tenet that prohibits the use of basic 33 utilities. 34 PENALTIES. A person who violates an applicable separation 35 -2- LSB 5816YH (4) 83 da/sc 2/ 3

H.F. 2365 distance required in Code chapter 459 for a residence is 1 subject to a civil penalty established according to a schedule 2 established by the environmental protection commission not to 3 exceed $10,000 (Code sections 455B.109 and 459.602). 4 -3- LSB 5816YH (4) 83 da/sc 3/ 3