Senate File 2036 - Introduced SENATE FILE 2036 BY D. JOHNSON A BILL FOR An Act reducing the size of certain confinement feeding 1 operations that qualify for exemptions from separation 2 distance requirements, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5216XS (4) 87 da/rn

S.F. 2036 Section 1. Section 459.102, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 51A. “Small confinement feeding operation” 3 means a confinement feeding operation that has an animal unit 4 capacity of three hundred or fewer animal units. 5 Sec. 2. Section 459.202, subsection 1, paragraph a, Code 6 2018, is amended to read as follows: 7 a. Except as provided in subsection 3 and sections 459.203 , 8 459.203A, 459.205 , and 459.206 , this subsection applies to 9 confinement feeding operation structures constructed on or 10 after May 31, 1995, but prior to January 1, 1999; and to the 11 expansion of structures constructed prior to January 1, 1999. 12 Sec. 3. Section 459.202, subsection 2, paragraph a, Code 13 2018, is amended to read as follows: 14 a. Except as provided in subsection 3 and sections 459.203 , 15 459.203A, 459.205 , and 459.206 , this subsection applies to 16 confinement feeding operation structures constructed on or 17 after January 1, 1999, but prior to March 1, 2003, and to the 18 expansion of structures constructed on or after January 1, 19 1999, but prior to March 1, 2003. 20 Sec. 4. Section 459.202, subsection 3, paragraph a, Code 21 2018, is amended to read as follows: 22 a. Except as provided in sections 459.203 , 459.203A, 23 459.205 , and 459.206 , this subsection applies to confinement 24 feeding operation structures constructed on or after May 25 31, 1995, but prior to March 1, 2003; to the expansion of 26 structures constructed on or after May 31, 1995, but prior to 27 March 1, 2003; and to the expansion of structures constructed 28 prior to May 31, 1995. 29 Sec. 5. Section 459.202, subsection 4, paragraph a, Code 30 2018, is amended to read as follows: 31 a. Except as provided in subsection 5 and sections 459.203 , 32 459.203A, 459.205 , and 459.206 , this subsection applies to 33 confinement feeding operation structures constructed on or 34 after March 1, 2003, and to the expansion of confinement 35 -1- LSB 5216XS (4) 87 da/rn 1/ 7

S.F. 2036 feeding operation structures constructed on or after March 1, 1 2003. 2 Sec. 6. Section 459.202, subsection 5, paragraph a, Code 3 2018, is amended to read as follows: 4 a. Except as provided in sections 459.203 , 459.203A, 5 459.205 , and 459.206 , this subsection applies to confinement 6 feeding operation structures constructed on or after March 1, 7 2003, and to the expansion of confinement feeding operation 8 structures constructed on or after March 1, 2003. 9 Sec. 7. Section 459.202, subsection 6, Code 2018, is amended 10 to read as follows: 11 6. Except as provided in section sections 459.203A and 12 459.205 , a confinement feeding operation structure shall not be 13 constructed or expanded within one hundred feet from a public 14 thoroughfare. 15 Sec. 8. Section 459.203, unnumbered paragraph 1, Code 2018, 16 is amended to read as follows: 17 A confinement feeding operation that does not qualify as a 18 small confinement feeding operation, that was constructed or 19 expanded prior to the date that a the applicable separation 20 distance requirement became effective under section 459.202 , 21 and which that does not comply with the section’s that 22 separation distance requirement may continue to operate 23 regardless of the separation distance requirement. The 24 confinement feeding operation may be expanded only if any of 25 the following applies: 26 Sec. 9. NEW SECTION . 459.203A Separation distance 27 requirements for confinement feeding operations qualifying as 28 small animal feeding operations —— expansion of prior constructed 29 operations. 30 1. A confinement feeding operation that qualifies as a small 31 confinement feeding operation, that was constructed or expanded 32 prior to the date that the applicable separation distance 33 requirement became effective under section 459.202, and that 34 does not comply with that separation distance requirement 35 -2- LSB 5216XS (4) 87 da/rn 2/ 7

S.F. 2036 on and after the effective date of this Act may continue to 1 operate regardless of the separation distance requirement. 2 2. A confinement feeding operation described in subsection 3 1 may be expanded only if all of the following apply: 4 a. The confinement feeding operation is not expanded by 5 the construction or expansion of an unformed manure storage 6 structure. However, the confinement feeding operation may 7 be expanded by replacing one or more unformed manure storage 8 structures with one or more formed manure storage structures, 9 subject to all of the following: 10 (1) The animal weight capacity or animal unit capacity, 11 whichever is applicable, is not increased for that portion of 12 the confinement feeding operation that utilizes all replacement 13 formed manure storage structures. 14 (2) The use of each replaced unformed manure storage 15 structure is discontinued within one year after the 16 construction of the replacement formed manure storage 17 structure. 18 (3) The capacity of all replacement formed manure storage 19 structures does not exceed the amount required to store manure 20 produced by that portion of the confinement feeding operation 21 utilizing the formed manure storage structures during any 22 fourteen-month period. 23 (4) No portion of the replacement formed manure storage 24 structure is closer to an object or location for which a 25 separation distance is required under section 459.202 than any 26 other confinement feeding operation structure which is part of 27 the operation. 28 b. (1) For a confinement feeding operation constructed 29 prior to January 1, 1999, any construction or expansion of 30 a confinement feeding operation structure complies with the 31 separation distance requirements applying to that structure as 32 provided in section 459.202, subsections 1 and 3. 33 (2) For a confinement feeding operation constructed on 34 or after January 1, 1999, but prior to March 1, 2003, any 35 -3- LSB 5216XS (4) 87 da/rn 3/ 7

S.F. 2036 construction or expansion of a confinement feeding operation 1 structure complies with the separation distance requirements 2 applying to that structure as provided in section 459.202, 3 subsections 2 and 3. 4 (3) For a confinement feeding operation constructed on 5 or after March 1, 2003, any construction or expansion of a 6 confinement feeding operation structure complies with the 7 separation distance requirements applying to that structure as 8 provided in section 459.202, subsections 4 and 5. 9 Sec. 10. Section 459.205, subsection 1, Code 2018, is 10 amended to read as follows: 11 1. A confinement feeding operation structure, if the 12 structure is part of a confinement feeding operation which that 13 qualifies as a small animal confinement feeding operation. 14 However, this subsection shall not apply if the confinement 15 feeding operation structure is an unformed manure storage 16 structure. 17 Sec. 11. Section 459.205, subsection 4, paragraph c, Code 18 2018, is amended to read as follows: 19 c. The liquid manure originates from a small animal 20 confinement feeding operation. 21 Sec. 12. Section 459.205, subsection 5, Code 2018, is 22 amended to read as follows: 23 5. The stockpiling of dry manure within a separation 24 distance required between a stockpile and an object or location 25 for which a separation distance is required under section 26 459.204B if any of the following apply: 27 a. The titleholder of the land benefiting from the 28 separation distance requirement executes a written waiver with 29 the titleholder of the land where the stockpile is located. 30 b. The stockpile consists of dry manure originating from a 31 small animal feeding operation other than a confinement feeding 32 operation . 33 c. The stockpile consists of dry manure originating from a 34 small confinement feeding operation. 35 -4- LSB 5216XS (4) 87 da/rn 4/ 7

S.F. 2036 d. The stockpile consists of dry manure originating from 1 a confinement feeding operation that was constructed before 2 January 1, 2006, unless the confinement feeding operation is 3 expanded after that date. 4 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 5 immediate importance, takes effect upon enactment. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 BILL’S PROVISIONS —— GENERAL. This bill amends the “Animal 10 Agriculture Compliance Act” (Code chapter 459) which in large 11 part regulates confinement feeding operations (operations) 12 including associated confinement feeding operation structures 13 (structures). The bill creates a new category of operation 14 referred to as a small confinement feeding operation that would 15 in part replace a current category referred to as a small 16 animal feeding operation currently exempt from separation 17 distance requirements existing between a benefited object or 18 location and an associated structure. 19 BILL’S PROVISIONS —— REQUIRED SEPARATION DISTANCES UNDER 20 CURRENT LAW AND AS REVISED BY THE BILL. Generally, Code 21 chapter 459, subchapter II regulates air quality by requiring a 22 number of separation distances between a benefited object or 23 location and both: (1) an operation’s structure (Code sections 24 459.202 and 459.203) and (2) the place where manure is used 25 when removed from a structure, including for land application 26 if the manure is liquid (Code section 459.204) or for temporary 27 stockpiling if the manure is solid (Code section 459.204B). 28 Under the bill, a small animal feeding operation existing 29 prior to the bill’s effective date would continue to be 30 exempt from separation distance requirements but could expand 31 only under certain circumstances: (1) it could not involve 32 the construction or expansion of an unformed manure storage 33 structure, but could involve the replacement of such structure 34 with a formed manure storage structure, and (2) it would have 35 -5- LSB 5216XS (4) 87 da/rn 5/ 7

S.F. 2036 to comply with the separation distance requirement otherwise 1 applicable to the same kind of structure that is part of an 2 operation that was not exempted (New Code section 459.203A). 3 BACKGROUND —— SEPARATION DISTANCE REQUIREMENTS. The 4 separation distance required between a benefited object or 5 location and an operation’s structure is contingent upon 6 several criteria: first, when the operation’s structure was 7 constructed or expanded, and second, the operation’s size as 8 determined by calculating its confined animal capacity which 9 is either its animal weight capacity or animal unit capacity 10 (AUC). 11 BACKGROUND —— TERMS. An operation includes a totally 12 roofed building where certain confined agricultural animals 13 are maintained for 45 days or more in any 12-month period. 14 An operation’s structure includes a building, egg washwater 15 storage structure, or one of two types of manure storage 16 structures: formed or unformed. A formed structure has walls 17 and a floor constructed of durable materials such as concrete 18 as compared to an unformed structure such as an anaerobic 19 lagoon. The Code chapter also refers to a number of different 20 types of benefited objects or locations including a residence 21 (home), religious institution (e.g., a church), educational 22 institution (e.g., a public or nonpublic school), commercial 23 enterprise (e.g., a business other than a farm), public 24 thoroughfare (e.g., road), or a public use area (e.g., a park 25 or cemetery). AUC calculates the maximum number of animal 26 units that may be maintained as part of an operation at any one 27 time. A small animal feeding operation has a maximum-size AUC 28 of 500 animal units. A small confinement feeding operation has 29 a maximum size of 300 animal units. 30 BACKGROUND —— CALCULATING ACU. In calculating an 31 operation’s ACU, each of various types of confined agricultural 32 animals is assigned a special equivalency factor. For example, 33 each sheep or lamb has an equivalency factor of 0.10 animal 34 units (Code section 459.102). In order to qualify as a small 35 -6- LSB 5216XS (4) 87 da/rn 6/ 7

S.F. 2036 animal feeding operation, an operation must have a maximum AUC 1 of not more than 5,000 of such animals (500 ÷ 0.10 = 5,000). 2 Under the bill, that maximum ACU would be reduced to 3,000 3 animals (300 ÷ 0.10 = 3,000). 4 EFFECTIVE DATE. The bill, if enacted, would take effect upon 5 enactment. 6 -7- LSB 5216XS (4) 87 da/rn 7/ 7