S.F. 131 Section 1. Section 459.102, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 51A. “Small confinement feeding operation” 3 means a confinement feeding operation which has an animal unit 4 capacity of two hundred fifty or fewer animal units. 5 Sec. 2. Section 459.203, unnumbered paragraph 1, Code 2017, 6 is amended to read as follows: 7 A confinement feeding operation constructed or expanded 8 prior to the date that a distance requirement became effective 9 under section 459.202 and which does not comply with the 10 section’s distance requirement may continue to operate 11 regardless of the distance requirement. A small animal feeding 12 operation which is not in compliance with the applicable 13 separation distance requirement described in section 459.202 14 on the effective date of this Act may continue to operate 15 regardless of that distance requirement. The A confinement 16 feeding operation described in this paragraph may be expanded 17 if any of the following applies: 18 Sec. 3. Section 459.205, subsection 1, Code 2017, is amended 19 to read as follows: 20 1. A confinement feeding operation structure, if the 21 structure is part of a confinement feeding operation which 22 qualifies as a small animal confinement feeding operation. 23 However, this subsection shall not apply if the confinement 24 feeding operation structure is an unformed manure storage 25 structure. 26 Sec. 4. Section 459.205, subsection 4, paragraph c, Code 27 2017, is amended to read as follows: 28 c. The liquid manure originates from a small animal 29 confinement feeding operation. 30 Sec. 5. Section 459.205, subsection 5, paragraph b, Code 31 2017, is amended to read as follows: 32 b. The stockpile consists of dry manure originating from a 33 small animal confinement feeding operation. 34 Sec. 6. Section 459.301, subsection 3, paragraph b, 35 -1- LSB 1393XS (4) 87 da/nh 1/ 6

S.F. 131 unnumbered paragraph 1, Code 2017, is amended to read as 1 follows: 2 In calculating animal unit capacity for purposes of an 3 election to be considered a small animal confinement feeding 4 operation as provided in section 459.312A , the animal unit 5 capacity of a confinement feeding operation shall include all 6 confinement feeding operation buildings that are used to do any 7 of the following: 8 Sec. 7. Section 459.303, subsection 1, paragraph b, 9 subparagraph (1), Code 2017, is amended to read as follows: 10 (1) The confinement feeding operation structure, if 11 constructed, would be part of a small animal confinement 12 feeding operation. However, the person must obtain a permit 13 under this section if the confinement feeding operation 14 structure is an unformed manure storage structure. 15 Sec. 8. Section 459.306, subsection 1, paragraph b, 16 subparagraph (1), Code 2017, is amended to read as follows: 17 (1) A person who constructs a formed manure storage 18 structure as part of a small animal confinement feeding 19 operation. 20 Sec. 9. Section 459.307, unnumbered paragraph 1, Code 2017, 21 is amended to read as follows: 22 The department shall adopt rules establishing construction 23 design standards for formed manure storage structures that are 24 part of confinement feeding operations other than small animal 25 confinement feeding operations. However, the construction 26 design standards shall apply to a formed manure storage 27 structure that is part of a small animal confinement feeding 28 operation as provided in section 459.310 . 29 Sec. 10. Section 459.312, subsection 1, paragraph a, 30 unnumbered paragraph 1, Code 2017, is amended to read as 31 follows: 32 The owner of a confinement feeding operation, other than 33 a small animal confinement feeding operation, if any of the 34 following apply: 35 -2- LSB 1393XS (4) 87 da/nh 2/ 6

S.F. 131 Sec. 11. Section 459.312, subsection 1, paragraph b, Code 1 2017, is amended to read as follows: 2 b. A person who applies manure from a confinement feeding 3 operation, other than a small animal confinement feeding 4 operation, which is located in another state, if the manure is 5 applied on land located in this state. 6 Sec. 12. Section 459.312A, subsections 1 and 2, Code 2017, 7 are amended to read as follows: 8 1. A person otherwise required to submit an updated manure 9 management plan as required in section 459.312 and pay an 10 annual compliance fee as required in section 459.400 may make a 11 small animal confinement feeding operation election as provided 12 in this section . 13 2. Upon the effective date of the election, the confinement 14 feeding operation covered by the updated manure management 15 plan shall be considered a small animal confinement feeding 16 operation only for purposes of submitting the updated manure 17 management plan and paying the annual compliance fee, during 18 the period of the election. 19 Sec. 13. Section 459.312A, subsection 4, Code 2017, is 20 amended to read as follows: 21 4. The department shall provide for the period of election, 22 including its effective and expiration dates. However, the 23 period of election shall be at least for the same period 24 covered by the updated manure management plan. An election 25 automatically terminates when more than five two hundred fifty 26 animal units are housed at the confinement feeding operation at 27 any one time. 28 Sec. 14. Section 459.313A, subsection 3, paragraph a, Code 29 2017, is amended to read as follows: 30 a. The application of liquid manure originating from a small 31 animal confinement feeding operation. 32 Sec. 15. Section 459.315, subsection 4, Code 2017, is 33 amended to read as follows: 34 4. This section shall not require a person to be certified 35 -3- LSB 1393XS (4) 87 da/nh 3/ 6

S.F. 131 as a confinement site manure applicator if the person applies 1 manure which originates from a manure storage structure which 2 is part of a small animal confinement feeding operation. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 GENERAL. This bill amends a number of provisions in the 7 animal agriculture compliance Act (Code chapter 459) which 8 regulate animal feeding operations by creating a new category 9 of confinement feeding operation referred to as a small 10 confinement feeding operation (SCFO) that would effectively 11 replace the current category referred to as a small animal 12 feeding operation (SAFO). Currently, in order to qualify as 13 an SAFO, an animal feeding operation’s capacity cannot exceed 14 500 animal units (AUs). A confinement feeding operation 15 would not qualify as an SCFO if its capacity exceeds 250 16 AUs. Any exemption from a regulation currently available 17 to a confinement feeding operation qualifying as an SAFO 18 would only be available if the confinement feeding operation 19 qualified as an SCFO. In the case where a current exemption 20 allows an SAFO to be located closer than normally allowed to a 21 benefited object or location (home, school, business, religious 22 institution, road, or public use area), the bill provides the 23 SAFO may continue to operate, but limits how such operation 24 could expand in the same manner as other grandfathered 25 operations. The bill does not affect exemptions for SAFOs 26 in other Code chapters including the animal agriculture 27 compliance Act for open feedlot operations and animal truck 28 wash facilities (Code chapter 459A) or the animal agriculture 29 compliance Act for dry bedded confinement feeding operations 30 (Code section 459B). 31 BACKGROUND —— EXEMPTIONS. An SAFO is exempted from 32 regulations that would otherwise require a confinement 33 operation to (1) maintain a separation distance between a 34 confinement feeding operation structure (building or manure 35 -4- LSB 1393XS (4) 87 da/nh 4/ 6

S.F. 131 storage) and a benefited object or location (Code sections 1 459.202, 459.203, and 459.205), (2) maintain a separation 2 distance between manure applied to land and a home (Code 3 sections 459.204 and 459.205), (3) maintain a separation 4 distance between a stockpile of dry manure and a home (Code 5 sections 459.204B and 459.205), (4) obtain a permit from 6 the department of natural resources (DNR) to construct a 7 confinement feeding operation structure other than an unformed 8 manure storage structure (Code section 459.303), (5) submit 9 a construction design statement to DNR for the construction 10 of a formed manure storage structure (Code sections 459.306 11 and 459.307), (6) submit an annual manure management plan 12 or update and pay an associated compliance fee to DNR (Code 13 sections 459.312 and 459.400), (7) restrict the application of 14 liquid manure on snow-covered and frozen ground (Code section 15 459.313A), and (8) be certified by DNR to apply manure on land 16 (Code section 459.315). The bill also provides that an option 17 allowing a confinement feeding operation to become reclassified 18 as an SAFO would apply to allow the operation to be instead 19 reclassified as an SCFO exempt from filing a manure management 20 plan update and paying the annual compliance fee for the period 21 of election (Code sections 459.312A and 459.400). 22 BACKGROUND —— ANIMAL FEEDING OPERATIONS AND CONFINEMENT 23 FEEDING OPERATIONS. An animal feeding operation refers to any 24 area in which animals are confined and fed and maintained for 25 45 days or more in any 12-month period, and includes associated 26 structures including those used to store manure. A confinement 27 feeding operation is a type of animal feeding operation that 28 includes a building that is totally roofed (as compared to 29 an open feedlot). Confined animals are limited to cattle, 30 swine, horses, sheep, chickens, turkeys, or fish (Code section 31 459.102). 32 BACKGROUND —— AU CAPACITY. AU capacity refers to the 33 maximum number of animal units that may be maintained in all 34 confinement buildings associated with the confinement feeding 35 -5- LSB 1393XS (4) 87 da/nh 5/ 6

S.F. 131 operation at any one time (Code sections 459.102 and 459.201). 1 In calculating AU capacity, each of various types of animals 2 is assigned a special equivalency factor. For example, each 3 butcher or breeding swine weighing more than 55 pounds has 4 an equivalency factor of 0.4 AUs (Code section 459.102). In 5 order to qualify as an SAFO, a confinement feeding operation 6 must have a capacity of 1,250 or fewer butcher or breeding 7 swine (500 ÷ 0.4 = 1,250). In order to qualify as an SCFO, 8 the confinement feeding operation would have to have a maximum 9 capacity of 625 or fewer breeding swine (250 ÷ 0.4 = 625). 10 -6- LSB 1393XS (4) 87 da/nh 6/ 6