HF 2119 (LSB 5716YH (4) 87)

HOUSE FILE 2119

BY  BACON

A BILL FOR

An Act relating to confinement feeding operations maintaining fishes, by providing for the calculation of animal unit capacity, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.102, subsection 6, paragraph l, Code 2018, is amended to read as follows:
   l.  Fish Fishes weighing twenty-five

grams or more 0.001
    Sec. 2.  Section 459.102, subsection 6, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  m.  Fishes weighing less 

than twenty-five grams 0.00006
    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends the “Animal Agriculture Compliance Act” (Code chapter 459) which generally authorizes the department of natural resources (DNR) to regulate confinement feeding operations (operations) including associated confinement feeding operation structures (structures) and the use of manure originating from the operation (e.g., by application on agricultural land). The bill amends provisions that assign an equivalency factor to fishes for purposes of calculating the operation’s animal unit capacity (AUC).
   BILL’S PROVISIONS. The bill provides that when calculating an operation’s AUC, a fish weighing less than 25 grams is assigned a new equivalency factor of 0.00006. A fish weighing 25 grams or more retains its current assigned equivalency factor of 0.001.
   BACKGROUND. An operation includes a totally roofed building where certain confined agricultural animals are maintained in a structure such as a confinement building for 45 days or more during any 12-month period (Code section 459.102). Relevant regulations include both air quality requirements (e.g., separation distances between a structure or the location where manure is applied and a benefited object or location such as a residence) and water quality requirements (e.g., the issuance of a construction permit and the approval of a manure management plan). Generally, these regulations apply differently to structures depending on the operation’s size, determined by calculating its AUC (the maximum number of animal units that may be maintained as part of an operation at any one time). Each category of animal is assigned an equivalency factor and a category may be subdivided into subcategories based on the animal’s weight. The equivalency factor for each category or subcategory is multiplied by the number of head maintained as part of the operation.
   APPLICABLE CIVIL PENALTIES. A person who violates a regulation provided in the Code chapter is subject to a civil penalty depending upon the type of violation. For an air quality violation, the enforcement action is conducted by DNR as part of an administrative hearing and the person is subject to a range of civil penalties not to exceed $10,000 (Code section 459.602 referring to Code section 455B.109). For a water quality violation, the enforcement action may be conducted by DNR in the same manner as an air quality violation or it may be conducted by the attorney general as part of a court hearing and in that case the person is generally subject to a civil penalty that cannot exceed $5,000 (Code section 459.603 referring to Code sections 455B.109 and 455B.191).
   EFFECTIVE DATE. The bill, if enacted, would take effect upon enactment.