HF 2464 (LSB 6115YH (5) 88)

HOUSE FILE 2464

BY  SHIPLEY

A BILL FOR

An Act increasing separation distance requirements between a confinement feeding operation structure and certain locations, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.202, subsection 4, paragraph a, Code 2020, is amended to read as follows:
   a.  Except as provided in subsection subsections 5 and 5A, and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.
    Sec. 2.  Section 459.202, subsection 5, paragraph a, Code 2020, is amended to read as follows:
   a.  Except as provided in subsection 5A, and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after March 1, 2003, and to the expansion of confinement feeding operation structures constructed on or after March 1, 2003.
    Sec. 3.  Section 459.202, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  a.  Except as provided in sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after the effective date of this Act, and to the expansion of confinement feeding operation structures constructed on or after the effective date of this Act.
   b.  (1)  The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, if the residence is not located within the corporate limits of a city:
                  For a
      For a               confinement                         For a
      confinement               feeding                         confinement
      feeding               operation                         feeding
      operation               having an                         operation
      having an               animal unit                         having an

      animal unit               capacity of 1,000                         animal unit
      capacity of               or more but                         3,000 or more
Type of      less than 1,000               less than 3,000                         capacity of
structure      animal units               animal units                         animal units

____________________________________________________________
 Anaerobic        2,375                  3,000                           3,500

  lagoon
 Uncovered

  earthen

  manure

  storage

  basin

  structure        2,375                  3,000                           3,500
 Uncovered

  formed

  manure

  storage

  structure        2,000                  2,500                           3,000
 Covered

  earthen

  manure

  storage

  basin        1,750                  2,375                           2,875
 Covered

  formed

  manure

  storage

  structure        1,750                  2,375                           2,875
 Confinement

  building        1,750                  2,375                           2,875
 Egg

  washwater

  storage

  structure        1,500                  2,000                           2,500

   (2)  The following table represents the minimum separation distance in feet required between a confinement feeding operation structure and a residence not owned by the owner of the confinement feeding operation, if the residence is located within the corporate limits of a city:
                  For a
      For a               confinement                         For a
      confinement               feeding                         confinement
      feeding               operation                         feeding
      operation               having an                         operation
      having an               animal unit                         having an
      animal unit               capacity of 1,000                         animal unit
      capacity of               or more but                         3,000 or more
Type of      less than 1,000               less than 3,000                         capacity of
structure      animal units               animal units                         animal units

____________________________________________________________
Confinement

  feeding

  operation

  structure        2,375                  3,000                           3,500
    Sec. 4.  Section 459.203, subsection 1, paragraph c, Code 2020, is amended to read as follows:
   c.  (1)  For Except as provided in subparagraph (2), for a confinement feeding operation constructed on or after March 1, 2003, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 4 and 5.
   (2)  For a confinement feeding operation constructed on or after the effective date of this Act, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure and a residence as provided in section 459.202, subsection 5A.
    Sec. 5.  Section 459.204, Code 2020, is amended to read as follows:
   459.204  Liquid manure application —— separation distance.
   Except as provided in section 459.205, a person shall not apply liquid manure from a confinement feeding operation on land located within seven the following separation distances: 
   1.  Seven hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area.
   2.  One thousand feet from a residence not owned by the titleholder of the land.
    Sec. 6.  Section 459.310, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  (1)  A confinement feeding operation structure constructed prior to the effective date of this Act shall not be constructed if the confinement feeding operation structure as constructed is closer than any of the following:
   (1)  (a)  Five hundred feet away from a water source other than a major water source.
   (2)  (b)  One thousand feet away from a major water source.
   (3)  (c)  Two thousand five hundred feet away from a designated wetland.
   (2)  A confinement feeding operation structure constructed on or after the effective date of this Act shall not be constructed or expanded if the confinement feeding operation structure as constructed or expanded is closer than any of the following:
   (a)  Six hundred feet away from a water source other than a major water source.
   (b)  One thousand one hundred feet away from a major water source.
   (c)  Two thousand five hundred feet away from a designated wetland.
    Sec. 7.  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.
   BACKGROUND. This bill amends provisions in Code chapter 459, the “Animal Agriculture Compliance Act” (Code section 459.101) regulating confinement feeding operations (operations) and associated confinement buildings, manure storage structures, and egg washwater storage structures (structures) by the department of natural resources (DNR). The Code chapter includes subchapter II regulating air quality and subchapter III regulating water quality. The bill increases certain separation distance requirements.
   AIR QUALITY. Code section 459.202 imposes a separation distance between a structure and a number of benefited locations including a residence. The amount of the separation distance required depends upon: (1) when the confinement feeding operation structure was constructed or expanded, and (2) the size of the confinement feeding operation. The bill increases by 500 feet the separation distances between a structure constructed or expanded on or after the bill’s effective date and a residence. Different separation distance requirements apply depending on whether the residence is located within or outside the limits of a city. A number of exceptions apply, including provisions in Code section 459.203 which allows an operation constructed or expanded prior to the date that a distance requirement became effective to expand under certain circumstances; Code section 459.205 which provides for small animal feeding operations, when a neighboring titleholder executes a written waiver, or when a benefited location encroaches within the separation distance; and Code section 459.206 which provides an exception for a qualified operation structure that treats manure using aeration. 
   Code section 459.204 imposes a separation distance between the land where liquid manure is applied and a benefited location. The bill increases by 250 feet the separation distance between the land and a residence, subject to the relevant exemptions in Code section 459.205.
   WATER QUALITY. Code section 459.310 imposes a separation distance between a structure and a major water source or minor water source. Code section 459.102 defines a major water source to include a lake, reservoir, river, or stream capable of supporting a floating vessel carrying one or more persons during a total of a six-month period in one out of 10 years. The bill increases by 100 feet the separation distance between a structure and both types of water sources.
   ENFORCEMENT AND CIVIL PENALTIES. Compliance with a statutory regulation under Code chapter 459 includes compliance with a rule adopted by DNR (Code section 459.103). Code section 459.602 provides for civil penalties that may be assessed for violations of air quality regulations. A violator is subject to Code section 455B.109, which provides for the administrative assessment of civil penalties of up to $10,000. Code section 459.603 provides for civil penalties that may be assessed for violations of water quality regulations. A violator is subject to either Code section 455B.109, which provides for the administrative assessment of civil penalties, or Code section 455B.191, which provides for a general civil penalty assessed judicially of up to $5,000. 
   EFFECTIVE DATE. The bill takes effect upon enactment.