H.F. 440 DIVISION I 1 PUBLIC RECORDS INDICATING NONCOMPLIANCE 2 WITH MANURE MANAGEMENT PLANS 3 Section 1. Section 459.302, Code 2015, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 3. If the department prepares a public 6 record regarding a person’s failure to comply with the 7 requirements for filing a manure management plan under 8 section 459.312, the department shall indicate whether it 9 has determined that such noncompliance was due to an obvious 10 mistake or oversight. The indication does not preclude the 11 department from later changing its determination. 12 DIVISION II 13 CERTIFIED MANURE APPLICATORS 14 Sec. 2. NEW SECTION . 459.316 Vehicles operated by 15 certified commercial manure services or commercial manure service 16 representatives —— identification. 17 The department may require that a vehicle or tank used by 18 a certified commercial manure service or certified commercial 19 manure service representative transporting manure on a 20 public road display a certification number as assigned by 21 the department to the certified commercial manure service. 22 However, the department shall not require that the vehicle 23 display other information identifying the certified commercial 24 manure service or the certified commercial manure service 25 representative. 26 DIVISION III 27 BIOSECURITY 28 Sec. 3. Section 459.207, subsection 3, paragraph b, Code 29 2015, is amended to read as follows: 30 b. (1) Any air quality standard established by the 31 department for animal feeding operations shall be based on 32 and enforced at distances measured from a confinement feeding 33 operation structure to a separated location. In providing for 34 the enforcement of the standards, the department shall take 35 -1- LSB 2027YH (5) 86 da/nh 1/ 5

H.F. 440 all initial measurements at the separated location. If the 1 department determines that a violation of the standards exists, 2 the department may conduct an investigation to trace the source 3 of the airborne pollutant. 4 (2) This section does not prohibit the department from 5 entering the premises of an animal feeding operation in 6 compliance with section 455B.103 . 7 (3) (a) The department In addition to complying with 8 section 455B.103, a person who is a departmental official, 9 an agent of the department, or a person accompanying the 10 departmental official shall also comply with standard 11 biosecurity requirements customarily required by the animal 12 feeding operation which are necessary in order to control the 13 spread of disease among an animal population. If the owner 14 or manager of the animal feeding operation alleges that the 15 person is failing to comply with the standard biosecurity 16 requirements, the person must leave the animal feeding 17 operation at the request of the owner or manager. 18 (b) Subparagraph division (a) does not apply if the 19 department obtains a search warrant issued by a district court 20 as provided in section 455B.103 that allows a departmental 21 official to enter onto or remain on the premises of the animal 22 feeding operation in compliance with standard biosecurity 23 requirements as particularly described in the warrant. 24 Sec. 4. Section 459.304, subsection 6, Code 2015, is amended 25 to read as follows: 26 6. a. The department may conduct an inspection of the site 27 on which the construction is proposed after providing at a 28 minimum twenty-four hours’ notice or upon receiving consent 29 from the construction permit applicant. The county board 30 of supervisors that has adopted a construction evaluation 31 resolution may designate a county employee to accompany a 32 departmental official during the site inspection. The county 33 employee shall have the same right to access to the site’s real 34 estate as the departmental official conducting the inspection 35 -2- LSB 2027YH (5) 86 da/nh 2/ 5

H.F. 440 during the period that the county employee accompanies the 1 departmental official. 2 b. The departmental official and the county employee shall 3 comply with standard biosecurity requirements customarily 4 required by the confinement feeding operation that are 5 necessary in order to control the spread of disease among an 6 animal population. If the owner or manager of the animal 7 feeding operation alleges that the departmental official 8 or county employee is failing to comply with the standard 9 biosecurity requirements and that failure threatens an animal 10 population, the departmental official and county employee must 11 leave the site on which the construction is proposed at the 12 request of the owner or manager. The department shall proceed 13 with evaluating those parts of the construction application 14 that do not require an inspection until the matter is resolved. 15 Sec. 5. Section 459.601, subsection 3, Code 2015, is amended 16 to read as follows: 17 3. a. When entering the premises of an animal feeding 18 operation, a person who is a departmental official, an agent 19 of the department, or a person accompanying the departmental 20 official or agent shall comply with section 455B.103 . 21 b. (1) The In addition to complying with section 455B.103, 22 a person described in paragraph “a” shall also comply with 23 standard biosecurity requirements customarily required by 24 the animal feeding operation which are necessary in order to 25 control the spread of disease among an animal population. 26 If the owner or manager of the animal feeding operation 27 alleges that the person is failing to comply with the standard 28 biosecurity requirements, the person must leave the animal 29 feeding operation at the request of the owner or manager. 30 (2) Subparagraph (1) does not apply if the department 31 obtains a search warrant issued by a district court as provided 32 in section 455B.103 that allows a departmental official to 33 enter onto or remain on the premises of the animal feeding 34 operation in compliance with standard biosecurity requirements 35 -3- LSB 2027YH (5) 86 da/nh 3/ 5

H.F. 440 as particularly described in the warrant. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 GENERAL. This bill applies to animal feeding operations in 5 which animals are confined and fed and maintained for 45 days 6 or more in any 12-month period, and specifically confinement 7 feeding operations constructed under a roof that store liquid 8 manure (Code chapter 459). The chapter is administered and 9 enforced by the department of natural resources under the 10 direction of the environmental protection commission. 11 MANURE MANAGEMENT PLANS. The bill provides that if the 12 department prepares a public record stating that a person has 13 failed to comply with the requirements for filing a manure 14 management plan, it must indicate whether the noncompliance was 15 due to an obvious mistake or oversight. 16 CERTIFIED MANURE APPLICATORS. The bill allows the 17 department to require that a vehicle or tank used by a 18 certified commercial manure service or certified commercial 19 manure service representative transporting manure on a 20 public road display a certification number as assigned by the 21 department, but cannot require other information identifying 22 the certified commercial manure service or the certified 23 commercial manure service representative. 24 BIOSECURITY. The bill requires that when the owner or 25 manager of an animal feeding operation alleges that a person 26 who is a departmental official, an agent of the department, or 27 a county employee fails to comply with biosecurity requirements 28 during an inspection of an animal feeding operation or a 29 construction site where an animal feeding operation exists, 30 that person must leave the premises or site at the request 31 of the owner or manager. However, this requirement does not 32 apply to a department official who inspects an existing animal 33 feeding operation pursuant to a search warrant issued by a 34 district court which specifies the biosecurity requirements to 35 -4- LSB 2027YH (5) 86 da/nh 4/ 5