Text: H03600 Text: H03602 Text: H03600 - H03699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 519 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 13.26 CONTRACT FEEDING 1 5 &endash; MODEL CONTRACTS &endash; CARE AND FEEDING OF ANIMALS. 1 6 The attorney general shall prepare, update, and 1 7 publish a model contract or several versions of a 1 8 model contract for use by agricultural producers 1 9 negotiating an agreement involving the care and 1 10 feeding of animals for agricultural purposes. A party 1 11 is not bound by this section to include any term or 1 12 condition of the model contract in an agreement. The 1 13 model contract shall include terms and conditions 1 14 which provide methods to better ensure a fair return 1 15 of investment, and compensation for labor or services. 1 16 The model contract shall include terms or conditions 1 17 which ensure that the party providing the labor has 1 18 control over factors relating to payment earned by the 1 19 party in providing for the care and feeding, 1 20 including, but not limited to, acceptance of animals 1 21 delivered to the party, animal feed products, and 1 22 veterinary services. The model contract shall include 1 23 provisions which provide for the liability of each 1 24 party under the contract, and procedures and remedies 1 25 available if the contract is terminated, including, 1 26 but not limited to, procedures involving mediation 1 27 pursuant to chapter 654B. 1 28 Sec. 2. Section 15.318, subsections 3 and 4, Code 1 29 1995, are amended to read as follows: 1 303. The total number of jobs to be created or1 31retained.1 3243. The size of the business receiving 1 33 assistance. The department shall award more points to 1 34 small-sized and medium-sized farms, and to small 1 35 businesses as defined by the United States small 1 36 business administration than to other businesses. 1 37 Sec. 3. Section 15A.1, subsection 2, Code 1995, is 1 38 amended by adding the following new paragraph: 1 39 NEW PARAGRAPH. e. The extent to which the public 1 40 moneys are used to support a project which sustains 1 41 economic development in the community and encourages 1 42 the expansion of existing businesses and the 1 43 establishment of new businesses. 1 44 Sec. 4. Section 15A.1, Code 1995, is amended by 1 45 adding the following new subsection: 1 46 NEW SUBSECTION. 4. Unless otherwise provided, a 1 47 preference shall not be provided to support a business 1 48 or farm because of its size. 1 49 Sec. 5. Section 88.3, Code 1995, is amended by 1 50 adding the following new subsection: 2 1 NEW SUBSECTION. 7A. "Industrial animal feeding 2 2 operation" means the same as defined in section 2 3 455B.161. 2 4 Sec. 6. NEW SECTION. 88.22 INDUSTRIAL ANIMAL 2 5 FEEDING OPERATIONS. 2 6 1. The following requirements shall apply to 2 7 industrial animal feeding operations: 2 8 a. An employee of the operation must be at least 2 9 eighteen years of age. 2 10 b. An employer shall provide an employee a written 2 11 statement notifying the employee of health risks 2 12 associated with working in the operation. 2 13 c. An employer shall post signs on the premises 2 14 which shall warn employees of health risks associated 2 15 with working in the operation. 2 16 d. The employer shall provide, at no cost to the 2 17 employee, annual physical examinations of the 2 18 employees, if the employer does not provide insurance 2 19 coverage for the employee. 2 20 2. The commissioner, in cooperation with the Iowa 2 21 department of public health, shall adopt all rules 2 22 necessary to implement this section. 2 23 Sec. 7. NEW SECTION. 135.108 INDUSTRIAL ANIMAL 2 24 FEEDING OPERATION &endash; NEIGHBORING RESIDENTS. 2 25 The department shall provide education and 2 26 distribute educational materials to persons residing 2 27 within a five-mile radius of an industrial animal 2 28 feeding operation as defined in section 455B.161. The 2 29 department shall establish and maintain a central 2 30 registry for health-related complaints from persons 2 31 employed in or residing near industrial animal feeding 2 32 operations. The department shall investigate reports 2 33 of incidents involving industrial animal feeding 2 34 operations which threaten the health of employees or 2 35 residents. The department shall issue a report to the 2 36 general assembly not later than January 10 of each 2 37 year regarding its findings and recommendations 2 38 concerning industrial animal feeding operation health- 2 39 related issues. 2 40 Sec. 8. NEW SECTION. 172A.14 CONTRACT FEEDING 2 41 CONTRACTS &endash; NOTICE. 2 42 In order to preserve free and private enterprise, 2 43 prevent monopoly, and protect consumers, all contracts 2 44 for the purchase of swine or cattle by a 2 45 slaughterhouse or processor as defined in section 2 46 9H.1, where the contract allows delivery more than 2 47 twenty days after the making of the contract, shall be 2 48 publicly posted and available for inspection by the 2 49 public or state personnel at the place of business of 2 50 the slaughterhouse or processor. All such contracts 3 1 existing on the effective date of this Act, which 3 2 allow delivery more than twenty days after the 3 3 effective date of the Act, shall also be publicly 3 4 posted and available for inspection by the public or 3 5 state personnel at the place of business of the 3 6 slaughterhouse or processor. 3 7 Sec. 9. Section 175.13A, subsection 1, Code 1995, 3 8 is amended to read as follows: 3 9 1. In addition to the other programs authorized 3 10 pursuant to this chapter, the authority is authorized 3 11 to provide any type of economic assistance directly or 3 12 indirectly to agricultural producers, and may develop 3 13 and implement programs including, but not limited to, 3 14 the making of loan guarantees, interest buy-downs, 3 15 grants, secured or unsecured direct loans, secondary 3 16 market purchases of loans or mortgages, loans to 3 17 mortgage lenders, lending institutions, other 3 18 agricultural lenders as designated by rule of the 3 19 authority, or entities that provide funds or credits 3 20 to such lenders or institutions, to assist 3 21 agricultural producers within the state. The 3 22 authority shall provide that assistance provided under 3 23 this chapter is administered in the most efficient 3 24 manner possible. The authority shall ensure that 3 25 programs administered under this chapter for beginning 3 26 farmers shall, to every extent practicable, assist the 3 27 transfer of land from retiring farmers to beginning 3 28 farmers. The authority may exercise any of the powers 3 29 granted to it in this chapter in order to fulfill the 3 30 goal of providing financial assistance to agricultural 3 31 producers. The authority may participate in and 3 32 cooperate with programs of any agency or 3 33 instrumentality of the federal government or with 3 34 programs of any other state agency in the 3 35 administration of the programs to provide economic 3 36 assistance to agricultural producers. 3 37 Sec. 10. NEW SECTION. 332.1 DEFINITIONS. 3 38 As used in this chapter, unless the context 3 39 otherwise requires: 3 40 1. "Bond" means a bond issued by a surety company 3 41 or an irrevocable letter of credit issued by a bank, 3 42 credit union, or savings and loan association as 3 43 defined in section 12C.1. 3 44 2. "Department" means the department of natural 3 45 resources. 3 46 3. "Industrial animal feeding operation" means the 3 47 same as defined in section 455B.161. 3 48 Sec. 11. NEW SECTION. 332.2 OPERATING PERMITS. 3 49 1. A county board of supervisors must approve an 3 50 operating permit for an industrial animal feeding 4 1 operation or related structure prior to the 4 2 construction of the operation or structure. The 4 3 county may impose a fee for the issuance of the 4 4 permit. The permit must be approved each year as 4 5 provided by the county. 4 6 2. A person shall not receive a permit for the 4 7 operation of an industrial animal feeding operation, 4 8 unless the person submits evidence of financial 4 9 responsibility as provided in section 332.3 and 4 10 complies with a manure management plan, as provided in 4 11 section 332.4. 4 12 3. A county may provide that a person issued a 4 13 permit for the construction of an industrial animal 4 14 feeding operation or related structure by the 4 15 department prior to the effective date of this Act 4 16 must comply with this section not later than two years 4 17 following the effective date of this Act. 4 18 Sec. 12. NEW SECTION. 332.3 EVIDENCE OF 4 19 FINANCIAL RESPONSIBILITY &endash; CLEANUP. 4 20 1. Prior to issuing an operating permit as 4 21 required pursuant to section 332.2, a county must 4 22 receive evidence of financial responsibility, in such 4 23 an amount as required by the county, but not less than 4 24 three hundred thousand dollars. The amount shall be 4 25 deposited in an escrow account under the control of 4 26 the county. However, the person may submit a bond for 4 27 the amount according to requirements and procedures 4 28 required by the county. 4 29 2. The moneys in the escrow account or bond shall 4 30 be used exclusively to pay for removing and disposing 4 31 of manure from a manure storage structure connected to 4 32 the industrial animal feeding operation, if the county 4 33 acquires real estate containing the manure storage 4 34 structure following nonpayment of taxes pursuant to 4 35 section 446.19. 4 36 Sec. 13. NEW SECTION. 332.4 MANURE MANAGEMENT 4 37 PLAN. 4 38 1. Prior to issuing an operating permit as 4 39 required pursuant to section 332.2, a county must 4 40 approve a manure management plan for the operation. 4 41 The plan shall be for a period of five years. The 4 42 plan shall provide for the application of manure in a 4 43 manner that is consistent with manure management 4 44 practices provided in section 455B.202. The plan 4 45 shall be filed with the department and the county 4 46 recorder in each county where the industrial animal 4 47 feeding operation is located. The plan shall include 4 48 provisions required by the county, including, but not 4 49 limited to, all of the following: 4 50 a. Calculations to determine the land area 5 1 required for application of manure from the industrial 5 2 animal feeding operation for the crop schedule 5 3 specified in the plan. 5 4 b. The rate of manure application which shall be 5 5 consistent with the requirements of section 455B.202. 5 6 c. A crop schedule for land subject to 5 7 application. 5 8 d. Manure sludge management, according to rules 5 9 adopted by the department. 5 10 2. A person receiving a permit for the operation 5 11 of an industrial animal feeding operation or related 5 12 structure shall maintain a current manure management 5 13 plan and maintain records sufficient to demonstrate 5 14 compliance with the manure management plan. The 5 15 person shall submit any amendments or modifications to 5 16 the plan to the county and the department prior to 5 17 altering a practice provided in the plan. The county 5 18 or the department may inspect the industrial animal 5 19 feeding operation at any time during normal working 5 20 hours, and may inspect records required to be 5 21 maintained as part of the manure management plan. 5 22 Sec. 14. Section 335.3, Code 1995, is amended to 5 23 read as follows: 5 24 335.3 POWERS. 5 25Subject to section 335.2, theThe board of 5 26 supervisors may by ordinance regulate and restrict the 5 27 height, number of structures, and size of buildings 5 28 and other structures, the percentage of lot that may 5 29 be occupied, the size of yards, courts, and other open 5 30 spaces, the density of population, and the location 5 31 and use of buildings, structures, and land for trade, 5 32 industry, residence, or other purposes, and may 5 33 regulate, restrict, and prohibit the use for 5 34 residential purposes of tents, trailers, and portable 5 35 or potentially portable structures. However, such 5 36 powers shall be exercised only with reference to land 5 37 and structures located within the county but lying 5 38 outside of the corporate limits of any city. 5 39 Sec. 15. Section 352.6, unnumbered paragraph 1, 5 40 Code 1995, is amended to read as follows: 5 41 An owner of farmland may submit a proposal to the 5 42 county board for the creation or expansion of an 5 43 agricultural area within the county. An agricultural 5 44 area, at its creation, shall include at leastthree5 45 six hundred forty contiguous acres of farmland;5 46however. However, a smaller area may be created if 5 47 the farmland is adjacent to farmland subject to an 5 48 agricultural land preservation ordinance pursuant to 5 49 section 335.27 or adjacent to land located within an 5 50 existing agricultural area. The proposal shall 6 1 include a description of the proposed area to be 6 2 created or expanded, including its boundaries. The 6 3 territory shall be as compactand as nearly adjacent6 4 as feasible. Land shall not be included in an 6 5 agricultural area without the consent of the owner. 6 6 Agricultural areas shall not exist within the 6 7 corporate limits of a city. The county board may 6 8 consult with the department of natural resources when 6 9 creating or expanding an agricultural area contiguous 6 10 to a location which is under the direct supervision of 6 11 the department, including a state park, state 6 12 preserve, state recreation area, or sovereign lake. 6 13 Agricultural areas may be created in a county which 6 14 has adopted zoning ordinances. Except as provided in 6 15 this section, the use of the land in agricultural 6 16 areas is limited to farm operations. 6 17 Sec. 16. Section 352.7, Code 1995, is amended to 6 18 read as follows: 6 19 352.7 DUTIES OF COUNTY BOARD. 6 20 1. Within thirty days of receipt of a proposal to 6 21 create or expand an agricultural area which meets the 6 22 statutory requirements, the county board shall provide 6 23 notice of the proposal by publishing notice in a 6 24 newspaper of general circulation in the county. The 6 25 board shall provide notice by ordinary mail to persons 6 26 residing within five miles of the boundaries of the 6 27 proposed agricultural area. Within forty-five days 6 28 after receipt of the proposal, the county board shall 6 29 hold a public hearing on the proposal. 6 30 2. Within sixty days after receipt, the county 6 31 boardshallmay adopt the proposal or any modification 6 32 of the proposalitthat the board deems appropriate, 6 33 unless to do so would be inconsistent with the 6 34 purposes of this chapter. 6 35 Sec. 17. Section 352.9, Code 1995, is amended to 6 36 read as follows: 6 37 352.9 WITHDRAWAL. 6 38AtAn owner of farmland within an agricultural area 6 39 may voluntarily withdraw from the area at any time 6 40after three years from the date of creation of an6 41agricultural area, an owner may. Prior to the 6 42 transfer of title to the farmland, the owner must 6 43 withdraw from an agricultural areaby filing. An 6 44 owner withdrawing from an agricultural area shall file 6 45 a notice of withdrawal with the county boarda request6 46for withdrawal containing. The notice shall contain a 6 47 legal description of the land to be withdrawnand a6 48statement of the reasons for the withdrawal.The6 49county board shall, within sixty days of receipt of6 50the request, approve or deny the request for7 1withdrawal. At any time after six years from the date7 2of creation of an agricultural area, an owner may7 3withdraw from an agricultural area by filing with the7 4county board a notice of withdrawal containing a legal7 5description of the land to be withdrawn.7 6 The board shall cause the description of that 7 7 agricultural area filed with the county auditor and 7 8 recording officer in the county to be modified to 7 9 reflect any withdrawal. Withdrawal shall be effective 7 10 on the date of recording. The agricultural area from 7 11 which the land is withdrawn shall continue in 7 12 existence even if smaller thanthreesix hundred forty 7 13 acres after withdrawal. 7 14 Sec. 18. Section 403.17, subsection 9, Code 1995, 7 15 is amended to read as follows: 7 16 9. "Economic development area" means an area of a 7 17 municipality designated by the local governing body as 7 18 appropriate for commercial and industrial enterprises 7 19 or housing and residential development for low and 7 20 moderate income families, including single or 7 21 multifamily housing. If an urban renewal plan for an 7 22 urban renewal area is based upon a finding that the 7 23 area is an economic development area and that no part 7 24 contains slum or blighted conditions, then the 7 25 division of revenue provided in section 403.19 and 7 26 stated in the plan shall be limited to twenty years 7 27 from the calendar year following the calendar year in 7 28 which the city first certifies to the county auditor 7 29 the amount of any loans, advances, indebtedness, or 7 30 bonds which qualify for payment from the division of 7 31 revenue provided in section 403.19. Such area 7 32 designated before July 1, 1994, shall not include land 7 33 which is part of a century farm. An economic 7 34 development area does not include any area of a 7 35 municipality in which an industrial animal feeding 7 36 operation, as defined in section 455B.161, may be 7 37 established. 7 38 Sec. 19. Section 414.23, unnumbered paragraph 1, 7 39 Code 1995, is amended to read as follows: 7 40 The powers granted by this chapter may be extended 7 41 by ordinance by any city to the unincorporated area up 7 42 to two miles beyond the limits of such city, except 7 43 for those areas within a county where a county zoning 7 44 ordinance exists. The ordinance shall describe in 7 45 general terms the area to be included.The exemption7 46from regulation granted by section 335.2 to property7 47used for agricultural purposes shall apply to such7 48unincorporated area.If the limits of any such city 7 49 are at any place less than four miles distant from the 7 50 limits of any other city which has extended or 8 1 thereafter extends its zoning jurisdiction under this 8 2 section, then at such time the powers herein granted 8 3 shall extend to a line equidistant between the limits 8 4 of said cities. 8 5 Sec. 20. Section 441.21, subsection 1, paragraph 8 6 e, Code 1995, is amended to read as follows: 8 7 e. The actual value of agricultural property shall 8 8 be determined on the basis of productivity and net 8 9 earning capacity of the property determined on the 8 10 basis of its use for agricultural purposes capitalized 8 11 at a rate of seven percent and applied uniformly among 8 12 counties and among classes of property. Any formula 8 13 or method employed to determine productivity and net 8 14 earning capacity of property shall be adopted in full 8 15 by rule. However, property upon which is located an 8 16 industrial animal feeding operation, as defined in 8 17 section 455B.161, shall be assessed as industrial 8 18 property. 8 19 Sec. 21. Section 455B.134, subsection 3, paragraph 8 20 f, subparagraph (1), unnumbered paragraph 2, Code 8 21 1995, is amended to read as follows: 8 22 Anaerobic lagoons, constructed or expanded on or 8 23 after June 20, 1979, but prior to the effective date 8 24 of this Act, or earthen waste slurry storage basins, 8 25 constructed or expanded on or after July 1, 1990, but 8 26 prior to the effective date of this Act, which are 8 27 used in connection with animal feeding operations 8 28 containing less than six hundred twenty-five thousand 8 29 pounds live animal weight capacity of animal species 8 30 other than beef cattle or containing less than one 8 31 million six hundred thousand pounds live animal weight 8 32 capacity of beef cattle, shall be located at least one 8 33 thousand two hundred fifty feet from a residence not 8 34 owned by the owner of the feeding operation or from a 8 35 public use area other than a public road. Anaerobic 8 36 lagoons or earthen waste slurry storage basins, which 8 37 are used in connection with animal feeding operations 8 38 containing six hundred twenty-five thousand pounds or 8 39 more live animal weight capacity of animal species 8 40 other than beef cattle or containing one million six 8 41 hundred thousand pounds or more live animal weight 8 42 capacity of beef cattle, shall be located at least one 8 43 thousand eight hundred seventy-five feet from a 8 44 residence not owned by the owner of the feeding 8 45 operation or from a public use area other than a 8 46 public road. For the purpose of this paragraph the 8 47 determination of live animal weight capacity shall be 8 48 based on the average animal weight capacity during a 8 49 production cycle and the maximum animal capacity of 8 50 the animal feeding operation.These separation9 1distances apply to the construction of new facilities9 2and the expansion of existing facilities.9 3 Sec. 22. NEW SECTION. 455B.161 SEPARATION 9 4 DISTANCES &endash; ANIMAL FEEDING OPERATIONS. 9 5 1. As used in this section, unless the context 9 6 otherwise requires: 9 7 a. "Anaerobic lagoon" means an impoundment used in 9 8 conjunction with an animal feeding operation, if the 9 9 primary function of the impoundment is to store and 9 10 stabilize organic wastes, the impoundment is designed 9 11 to receive wastes on a regular basis, and the 9 12 impoundment's design waste loading rates provide that 9 13 the predominant biological activity is anaerobic. 9 14 b. "Animal feeding operation" means a lot, yard, 9 15 corral, building, or other area in which animals are 9 16 confined and fed and maintained for forty-five days or 9 17 more in any twelve-month period, and all structures 9 18 used for storage of manure from animals in the animal 9 19 feeding operation. Two or more animal feeding 9 20 operations under common ownership or management are 9 21 deemed to be a single animal feeding operation, if 9 22 they are adjacent or utilize a common system for 9 23 manure storage. 9 24 c. "Animal feeding operation structure" means any 9 25 structure in which animals are kept or maintained or 9 26 in which manure is stored in connection with an animal 9 27 feeding operation. 9 28 d. "Animal unit" means a unit of measurement used 9 29 to determine the animal capacity of an animal feeding 9 30 operation. One animal unit equals the following 9 31 number of animals for each of the following species: 9 32 (1) Dairy cattle 0.7 9 33 (2) Slaughter and feeder cattle 1.0 9 34 (3) Sheep (including lambs) 10.0 9 35 (4) Horses 0.5 9 36 (5) Swine (55 pounds or more) 2.5 9 37 (6) Swine (less than 55 pounds) 0.5 9 38 (7) Laying hens (dry matter manure) 100.0 9 39 (8) Laying hens (liquid manure) 30.0 9 40 e. "Animal unit capacity" means the number of 9 41 animal units that may be maintained in an animal 9 42 feeding operation during any one time. 9 43 f. "Earthen manure storage basin" means an earthen 9 44 cavity, either covered or uncovered, which, on a 9 45 regular basis, receives waste discharges from a 9 46 confinement feeding operation if accumulated wastes 9 47 from the basin are completely removed at least twice 9 48 each year. 9 49 g. "Industrial animal feeding operation" means an 9 50 animal feeding operation with an animal unit capacity 10 1 of one thousand or more animal units within a one mile 10 2 radius. 10 3 h. "Public use area" means a park, recreation 10 4 area, or wildlife management area over which the 10 5 United States, the state, or a county exercises 10 6 jurisdiction. 10 7 2. An animal feeding operation structure, which is 10 8 part of an industrial animal feeding operation, and 10 9 which is constructed on or after the effective date of 10 10 this Act or expanded on or after the effective date of 10 11 this Act, shall not be constructed or expanded closer 10 12 to one of the following locations or objects than 10 13 provided in paragraphs "a" and "b": 10 14 a. For a residence, not less than two and one-half 10 15 feet for each animal unit of capacity for the 10 16 industrial animal feeding operation. 10 17 b. For a public use area, not less than one mile. 10 18 3. An anaerobic lagoon or earthen waste slurry 10 19 storage basin constructed on or after the effective 10 20 date of this Act or expanded on or after the effective 10 21 date of this Act, which is not part of an industrial 10 22 animal feeding operation, shall not be constructed or 10 23 expanded closer to a residence or public use area than 10 24 one thousand two hundred fifty feet. 10 25 4. All distances between locations or objects 10 26 provided in this section shall be measured from their 10 27 closest points, as provided in rules adopted by the 10 28 department. 10 29 5. A separation distance requirement provided in 10 30 this section shall not apply, if the owner of a 10 31 residence also owns the animal feeding operation, or 10 32 if the titleholder of the land benefiting from the 10 33 distance separation requirements executes a written 10 34 waiver to the titleholder of the land where the animal 10 35 feeding operation is located, under such terms and 10 36 conditions that the parties negotiate. The written 10 37 waiver becomes effective only upon the recording of 10 38 the waiver in the office of the recorder of deeds of 10 39 the county in which the benefited land is located. 10 40 The filed waiver shall preclude enforcement by the 10 41 state of this section. 10 42 Sec. 23. Section 455B.171, Code 1995, is amended 10 43 by adding the following new subsections: 10 44 NEW SUBSECTION. 1A. "Animal feeding operation" 10 45 means a lot, yard, corral, building, or other area in 10 46 which animals are confined and fed and maintained for 10 47 forty-five days or more in any twelve-month period, 10 48 and all structures used for the storage of manure from 10 49 animals in the animal feeding operation. Two or more 10 50 animal feeding operations under common ownership or 11 1 management are deemed to be a single animal feeding 11 2 operation, if they are adjacent or utilize a common 11 3 area or system for manure storage. 11 4 NEW SUBSECTION. 6A. "Industrial animal feeding 11 5 operation" means an animal feeding operation with an 11 6 animal unit capacity of one thousand or more animal 11 7 units as defined in section 455B.161, within a one- 11 8 mile radius. 11 9 Sec. 24. Section 455B.173, subsection 3, 11 10 unnumbered paragraph 1, Code 1995, is amended to read 11 11 as follows: 11 12 Establish, modify or repeal rules relating to the 11 13 location, construction, operation, and maintenance of 11 14 disposal systems and public water supply systems and 11 15 specifying the conditions, including the viability of 11 16 a system pursuant to section 455B.174, under which the 11 17 director shall issue, revoke, suspend, modify, or deny 11 18 permits for the operation, installation, construction, 11 19 addition to, or modification of any disposal system or 11 20 public water supply system, or for the discharge of11 21any pollutant or for the disposal of water wastes11 22resulting from poultry and livestock operations. The 11 23 rules specifying the conditions under which the 11 24 director shall issue permits for the construction of 11 25 an electric power generating facility subject to 11 26 chapter 476A shall provide for issuing a conditional 11 27 permit upon the submission of engineering 11 28 descriptions, flow diagrams and schematics that 11 29 qualitatively and quantitatively identify effluent 11 30 streams and alternative disposal systems that will 11 31 provide compliance with effluent standards or 11 32 limitations. 11 33 Sec. 25. Section 455B.173, Code 1995, is amended 11 34 by adding the following new subsection: 11 35 NEW SUBSECTION. 12. Adopt, modify, or repeal 11 36 rules relating to the construction or operation of 11 37 animal feeding operations. The rules shall include, 11 38 but are not limited to, minimum manure control 11 39 requirements, requirements for obtaining permits, and 11 40 departmental evaluations of animal feeding operations. 11 41 The department may collect fees for the issuance of 11 42 permits. The fees shall be deposited into the 11 43 enforcement fund as established in section 455B.201. 11 44 The department shall issue a permit for the 11 45 construction of an animal feeding operation, including 11 46 an industrial animal feeding operation, if an 11 47 application is submitted according to procedures 11 48 required by the department, and the application meets 11 49 standards established by the department. Prior to 11 50 granting a permit to a person for the construction of 12 1 an animal feeding operation, the department may 12 2 require the installation and operation of a 12 3 hydrological monitoring system. The department shall 12 4 not issue a permit for the construction of an 12 5 industrial animal feeding operation or a related 12 6 structure, unless the department approves an 12 7 environmental impact study completed by a bonded 12 8 environmental engineer meeting requirements 12 9 established by department rule. Persons residing 12 10 within five miles from a proposed industrial animal 12 11 feeding operation or related structure shall be 12 12 notified within ten days prior to any tests or the 12 13 recovery of samples performed at the site of the 12 14 proposed operation or structure. A structure used to 12 15 store manure which is part of an industrial animal 12 16 feeding operation must use the best available designs 12 17 and materials feasible to prevent groundwater 12 18 contamination and odors. The department shall not 12 19 issue a permit to a person under this subsection if 12 20 the department has begun an enforcement action which 12 21 is not resolved, relating to an alleged violation of 12 22 this chapter concerning an animal feeding operation in 12 23 which the person has an interest. The department 12 24 shall establish an industrial animal feeding operation 12 25 enforcement fund as provided in section 455B.201. 12 26 Sec. 26. NEW SECTION. 455B.201 INDUSTRIAL ANIMAL 12 27 FEEDING OPERATIONS ENFORCEMENT FUND &endash; FEES. 12 28 1. a. An industrial animal feeding operations 12 29 enforcement fund is created as a separate fund in the 12 30 state treasury under the control of the department. 12 31 The fund consists of moneys from construction fees as 12 32 provided in section 455B.173 and an annual fee as 12 33 provided in this section and remitted by persons 12 34 required to obtain a construction permit for an 12 35 industrial animal feeding operation or related 12 36 structure; delinquency penalties; sums collected on 12 37 behalf of the fund by the department through legal 12 38 action or settlement; interest, property, and 12 39 securities acquired through the use of moneys in the 12 40 fund; or moneys contributed to the fund from other 12 41 sources. 12 42 b. The moneys deposited in the fund shall be used 12 43 exclusively to administer and enforce provisions of 12 44 this chapter relating to industrial animal feeding 12 45 operations, including but not limited to issuing 12 46 permits, performing tests, and conducting 12 47 investigations. The treasurer of state shall act as 12 48 custodian of the fund and disburse amounts contained 12 49 in the fund as directed by the department. 12 50 c. The treasurer of state is authorized to invest 13 1 the moneys deposited in the fund. The income from 13 2 such investment shall be credited to and deposited in 13 3 the fund. Notwithstanding section 8.33, moneys in the 13 4 fund are not subject to reversion to the general fund 13 5 of the state. The fund shall be administered by the 13 6 department, which shall make expenditures from the 13 7 fund consistent with the purposes of this section. 13 8 The moneys in the fund shall be disbursed upon 13 9 warrants drawn by the director of revenue and finance 13 10 pursuant to the order of the department. The fiscal 13 11 year of the fund begins July 1. The finances of the 13 12 fund shall be calculated on an accrual basis in 13 13 accordance with generally accepted accounting 13 14 principles. The auditor of state shall regularly 13 15 perform audits of the fund. 13 16 2. a. The department shall deposit into the fund 13 17 an annual fee collected from persons required to 13 18 obtain a construction permit for the issuance of 13 19 permits for the construction of industrial animal 13 20 feeding operations as provided in section 455B.173. 13 21 b. A permittee shall pay an annual fee to the 13 22 department which shall be remitted to the department 13 23 as provided in rules adopted by the department. The 13 24 department shall establish four payment dates each 13 25 year beginning July 1 and which shall be three months 13 26 apart. A permittee who has been issued a construction 13 27 permit for an industrial animal feeding operation 13 28 prior to the effective date of this Act shall pay the 13 29 annual fee on a payment date specified by the 13 30 department, but not earlier than the second payment 13 31 date following the effective date of this Act. A 13 32 permittee who has received a construction permit on or 13 33 after the effective date of this Act shall make the 13 34 full annual payment on the second payment date after 13 35 the construction permit is issued by the department. 13 36 A permittee shall pay the annual fee to the department 13 37 on each anniversary of the payment date. The 13 38 department shall provide notice in writing to a 13 39 permittee within one month prior to the permittee's 13 40 payment date. 13 41 c. The annual fee shall equal five cents per 13 42 animal unit of capacity for an industrial animal 13 43 feeding operation housing poultry and twelve and one- 13 44 half cents per animal unit of capacity for an 13 45 industrial animal feeding operation housing other 13 46 species of animals, as defined in section 455B.161. 13 47 The fee shall not be paid if the industrial animal 13 48 feeding operation does not house any animals or store 13 49 manure for three consecutive months prior to the 13 50 permittee's payment date. If the industrial animal 14 1 feeding operation again houses animals or stores 14 2 manure, the permittee shall pay the department by the 14 3 next payment date and subsequently on each anniversary 14 4 of that payment date. The permittee shall notify the 14 5 department if a fee is not owing within one month 14 6 prior to the permittee's payment date. 14 7 d. A permittee is delinquent if the permittee 14 8 fails to submit the full fee when due or, if upon 14 9 examination, an underpayment of the fee is found by 14 10 the department. The permittee is subject to a penalty 14 11 of ten dollars or an amount equal to the amount of the 14 12 deficiency for each day the permittee is delinquent, 14 13 whichever is less. 14 14 e. If, on March 1, the unexpended or unobligated 14 15 moneys of the fund exceed five hundred thousand 14 16 dollars, the annual fee shall be waived. The 14 17 department may reinstate the annual fee if the 14 18 unobligated or unexpended moneys in the fund are less 14 19 than five hundred thousand dollars. The department 14 20 shall reinstate the annual fee if unexpended or 14 21 unobligated moneys in the fund are less than four 14 22 hundred fifty thousand dollars. A permittee who does 14 23 not make payment on or after July 1 of each fiscal 14 24 year shall pay the fee on the next payment date, but 14 25 not before one month prior to the next payment date. 14 26 However, a delayed payment shall not change a 14 27 permittee's payment date anniversary. 14 28 Sec. 27. NEW SECTION. 455B.202 MANURE MANAGEMENT 14 29 PRACTICES. 14 30 The department shall adopt rules for manure 14 31 management practices by persons required to obtain a 14 32 permit for the construction of an industrial animal 14 33 feeding operation or related structure which shall 14 34 include all of the following: 14 35 1. Requirements for the submission and approval of 14 36 a manure management plan as provided in section 332.4. 14 37 2. Manure application practices, including manure 14 38 application rates on land based on the production of 14 39 designated crops and according to crop schedules. The 14 40 application rates shall be based on phosphorous use 14 41 levels of designated crops, according to soil tests 14 42 which shall be performed each year and a chemical 14 43 analysis of the manure which shall be performed each 14 44 five years. In no case shall manure be applied to 14 45 land which exceeds the maximum crop uptake of nitrogen 14 46 or phosphorous. 14 47 3. Manure shall be applied to land according to a 14 48 schedule included in rules adopted by the department. 14 49 Manure shall not be applied during any period when 14 50 soil temperatures are fifty degrees Fahrenheit and 15 1 cooling. Manure shall not be applied to frozen land, 15 2 unless the application is approved after a public 15 3 hearing by the county board of supervisors in the 15 4 county where the land is located. However, manure 15 5 shall not be applied on land having a slope that 15 6 exceeds four percent. 15 7 4. Manure applied to land must be injected or 15 8 incorporated within twenty-four hours, unless 15 9 inclement weather prohibits incorporation. 15 10 5. Manure shall not be applied by the use of 15 11 irrigation equipment or a device which sprays liquid 15 12 manure more than twenty-five feet. 15 13 Sec. 28. NEW SECTION. 455B.203 DISTANCE 15 14 REQUIREMENTS. 15 15 An industrial animal feeding operation structure 15 16 shall be located at least one-half mile from an 15 17 agricultural drainage well, sinkhole, or a lake, 15 18 river, or stream. All distances between locations or 15 19 objects shall be measured from their closest points, 15 20 as provided by rules adopted by the department. The 15 21 department may require that the distances be not 15 22 greater than one mile if a structure is located on an 15 23 elevation higher than the agricultural drainage well, 15 24 sinkhole, lake, river, or stream. 15 25 Sec. 29. Section 335.2, Code 1995, is repealed." 15 26 15 27 15 28 15 29 FALLON of Polk 15 30 15 31 15 32 15 33 BURNETT of Story 15 34 15 35 15 36 15 37 DREES of Carroll 15 38 15 39 15 40 15 41 KOENIGS of Mitchell 15 42 HF 519.511 76 15 43 da/jw
Text: H03600 Text: H03602 Text: H03600 - H03699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/03600/H03601/950329.html
jhf