Senate File 2078 - Introduced SENATE FILE 2078 BY D. JOHNSON A BILL FOR An Act authorizing the department of natural resources to 1 require reports regarding the number of animals maintained 2 at a confinement feeding operation, making penalties 3 applicable, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5404XS (3) 87 da/rj

S.F. 2078 Section 1. NEW SECTION . 459.201A Reporting requirement —— 1 animals maintained at a confinement feeding operation. 2 The department may require the owner or operator of a 3 confinement feeding operation to submit one or more animals 4 confined reports that contain information regarding the number 5 of animals maintained at the confinement feeding operation in a 6 manner and during a time period that the department determines 7 is relevant. The report shall present the information in 8 a manner that converts the number of animals maintained to 9 equivalent animal units. 10 Sec. 2. NEW SECTION . 459.301A Reporting requirement —— 11 animals maintained at a confinement feeding operation. 12 The department may require the owner or operator of a 13 confinement feeding operation to submit one or more animals 14 confined reports that contain information regarding the number 15 of animals maintained at the confinement feeding operation in a 16 manner and during a time period that the department determines 17 is relevant. The report shall present the information in 18 a manner that converts the number of animals maintained to 19 equivalent animal units. 20 Sec. 3. Section 459.303, Code 2018, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4A. If the application is for a permit 23 to expand a confinement feeding operation, the department may 24 require the applicant to submit an animals confined report as 25 described in section 459.301A. 26 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 27 importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 BILL’S PROVISIONS —— GENERAL. This bill amends the “Animal 32 Agriculture Compliance Act” (Code chapter 459) which in 33 large part provides for the regulation of confinement feeding 34 operations (operations) including associated confinement 35 -1- LSB 5404XS (3) 87 da/rj 1/ 3

S.F. 2078 feeding operation structures (structures), such as buildings 1 or manure storage structures, by the department of natural 2 resources (DNR). 3 BILL’S PROVISIONS —— REPORTING REQUIREMENT. The bill 4 provides that for purposes of administering and enforcing Code 5 chapter 459, subchapter II relating to air quality and Code 6 chapter 459, subchapter III relating to water quality, DNR 7 may require that the owner or operator of an operation submit 8 one or more animals confined reports that contain information 9 regarding the number of animals maintained at the operation 10 in a manner and during a time period that DNR determines is 11 relevant. The report must present the information in a manner 12 that calculates the number of animals maintained as animal 13 units. The bill authorizes DNR to require a report as part of a 14 construction permit to expand a structure. 15 BACKGROUND —— APPLICABLE REGULATIONS. Under Code chapter 16 459, subchapter II, applicable regulations based on an 17 operation’s size include separation distances required between 18 a structure and a benefited object or location (e.g., a 19 residence) (Code sections 459.202 and 459.203). Special manure 20 storage regulations apply to a qualified confinement feeding 21 operation that exceeds a special threshold size (Code sections 22 459.102 and 459.206). Under Code chapter 459, subchapter III, 23 the requirement to obtain a construction permit applies to an 24 operation that exceeds a certain size (Code section 450.303). 25 A number of exceptions also applies to a small animal feeding 26 operation including requirements for the submission of a 27 construction design statement (Code sections 459.306 and 28 459.307), the submission of a manure management plan (Code 29 sections 459.312 and 459.312A), the application of manure on 30 snow covered or frozen ground (Code section 459.313A), and 31 the certification of certain manure applicators (Code section 32 459.315). 33 BACKGROUND —— ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. 34 Compliance with a statutory regulation under the Code chapter 35 -2- LSB 5404XS (3) 87 da/rj 2/ 3

S.F. 2078 includes compliance with a rule adopted by DNR (Code section 1 459.103). Code section 459.602 provides for civil penalties 2 that may be assessed for violations of Code chapter 459, 3 subchapter II (air quality regulations). A violator is subject 4 to Code section 455B.109, which provides for the administrative 5 assessment of civil penalties of up to $10,000. Code section 6 459.603 provides for civil penalties that may be assessed for 7 violations of Code chapter 459, subchapter III (water quality 8 regulations). A violator is subject to either Code section 9 455B.109 providing for the administrative assessment of civil 10 penalties or Code section 455B.191, which provides for a 11 general civil penalty assessed judicially of up to $5,000. 12 EFFECTIVE DATE. The bill, if enacted, takes effect upon 13 enactment. 14 -3- LSB 5404XS (3) 87 da/rj 3/ 3