House File 397 - Introduced HOUSE FILE 397 BY STAED A BILL FOR An Act prohibiting the construction of confinement feeding 1 operation structures that are part of confinement feeding 2 operations located in certain subwatersheds, making 3 penalties applicable, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2527YH (1) 88 da/rn

H.F. 397 Section 1. NEW SECTION . 459.104 Moratorium —— confinement 1 feeding operations —— impaired waters. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Section 303(d) list” means the same as defined in 5 section 455B.171. 6 b. “Subwatershed” means the same as defined in section 7 466B.2. 8 2. a. A person shall not construct, including expand, a 9 confinement feeding operation structure, if the confinement 10 feeding operation structure would be located in a subwatershed 11 that drains into a water body or water segment that has been 12 placed on the department’s section 303(d) list, regardless of 13 whether a total maximum daily load for that water body or water 14 segment has been developed. 15 b. The department shall not file or approve an application 16 for a permit to construct, including expand, a confinement 17 feeding operation structure, if the person could not construct 18 the confinement feeding operation structure under paragraph 19 “a” . 20 3. Subsection 2 does not apply to prevent a person from 21 constructing, including expanding, a confinement feeding 22 operation structure as otherwise provided in this subchapter, 23 if the confinement feeding operation structure is located in a 24 subwatershed that drains into a water body or water segment, 25 and the department does all of the following: 26 a. Removes the water body or water segment from the section 27 303(d) list. 28 b. Determines that the water body or water segment is 29 classified for a primary contact recreational use as provided 30 in 567 IAC 61.3. 31 4. Nothing in this section shall prohibit a person from 32 completing construction, including expansion, of a confinement 33 feeding operation structure, if prior to the effective date 34 of this Act, the person has begun construction, including 35 -1- LSB 2527YH (1) 88 da/rn 1/ 3

H.F. 397 expansion, of the confinement feeding operation structure as 1 otherwise allowed under this chapter. 2 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 BILL’S PROVISIONS —— GENERAL. This bill amends the “Animal 8 Agriculture Compliance Act” (Code chapter 459) which in 9 large part provides for the regulation of confinement feeding 10 operations (operations) including associated confinement 11 feeding operation structures (structures) such as buildings or 12 manure storage structures. The Code chapter is regulated and 13 enforced by the department of natural resources (DNR) which 14 also enforces provisions of other environmental regulations 15 such as the federal Clean Water Act under the supervision of 16 the United States environmental protection agency (EPA). 17 BILL’S PROVISIONS —— MORATORIUM. The bill prohibits the 18 construction of a structure, if the structure’s operation is 19 located in a subwatershed that includes a water body or water 20 segment that has been placed on a list of impaired waters. The 21 prohibition would no longer apply once the water was removed 22 from the list and DNR determined that the water meets the state 23 surface water classification for primary contact recreational 24 use. 25 BACKGROUND. DNR’s list of impaired waters is approved by EPA 26 according to federal and state requirements (33 U.S.C. §1313 27 and Code sections 455B.194 and 455B.195). DNR is also required 28 to develop a plan for restoring the impaired waters, including 29 by identifying its total maximum daily loads; commonly 30 referred to as TMDL that calculates the amount of contaminants 31 that a water body may receive and still meet federal water 32 quality standards (40 C.F.R. §130.7(b)(4)). Based on these 33 measurements, the department classifies surface waters 34 for a number of designated uses including primary contact 35 -2- LSB 2527YH (1) 88 da/rn 2/ 3

H.F. 397 recreational use which means that the water is considered safe 1 for uses that may result in a person’s prolonged and direct 2 contact with the water, including by ingestion while swimming 3 (33 U.S.C. §1251(a)(2) and 567 IAC 61.3). 4 APPLICABLE PENALTIES. Under Code chapter 459, different 5 civil penalties apply to violations involving water quality. 6 A person who violates a provision regulating water quality is 7 subject to an administratively assessed civil penalty of not 8 more than $10,000, or a judicially assessed amount of not more 9 than $5,000 per each day of the violation (Code section 459.603 10 referring to Code sections 455B.109 and 455B.191). 11 EFFECTIVE DATE. The bill, if enacted, would take effect upon 12 enactment. 13 -3- LSB 2527YH (1) 88 da/rn 3/ 3