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Senate Study Bill 214

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.171, Code 1997, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  2A.  "Animal feeding operation structure"
  1  4 means the same as defined in section 455B.161.
  1  5    Sec. 2.  Section 455B.161, subsection 3, Code 1997, is
  1  6 amended to read as follows:
  1  7    3.  a.  "Animal feeding operation" means a lot, yard,
  1  8 corral, building, or other area in which animals are confined
  1  9 and fed and maintained for forty-five days or more in any
  1 10 twelve-month period, and all structures used for the storage
  1 11 of manure from animals in the operation.
  1 12    b.  Two or more animal feeding operations under common
  1 13 ownership or management are deemed to be a single animal
  1 14 feeding operation if they are adjacent or any of the following
  1 15 apply:
  1 16    (1)  The animal feeding operations utilize a common system
  1 17 for manure storage.
  1 18    (2)  An animal feeding operation structure which is part of
  1 19 one animal feeding operation is less than two thousand six
  1 20 hundred forty feet from an animal feeding operation structure
  1 21 which is part of the other animal feeding operation.
  1 22    c.  An animal feeding operation does not include a
  1 23 livestock market.
  1 24    Sec. 3.  Section 455B.171, subsection 2, Code 1997, is
  1 25 amended to read as follows:
  1 26    2.  a.  "Animal feeding operation" means a lot, yard,
  1 27 corral, building, or other area in which animals are confined
  1 28 and fed and maintained for forty-five days or more in any
  1 29 twelve-month period, and all structures used for the storage
  1 30 of manure from animals in the animal feeding operation.
  1 31    b.  Two or more animal feeding operations under common
  1 32 ownership or management are deemed to be a single animal
  1 33 feeding operation if they are adjacent or any of the following
  1 34 apply:
  1 35    (1)  The animal feeding operations utilize a common area or
  2  1 system for manure disposal.
  2  2    (2)  An animal feeding operation structure which is part of
  2  3 one animal feeding operation is less than two thousand six
  2  4 hundred forty feet from an animal feeding operation structure
  2  5 which is part of the other animal feeding operation.
  2  6    c.  An animal feeding operation does not include a
  2  7 livestock market as defined in section 455B.161.  
  2  8                           EXPLANATION
  2  9    This bill amends provisions in Code chapter 455B regulating
  2 10 animal feeding operations.  Code section 455B.161 defines an
  2 11 animal feeding operation for purposes of air quality
  2 12 regulations.  Code section 455B.171 defines animal feeding
  2 13 operations for purposes of water quality regulations.  Both
  2 14 definitions provide that two or more animal feeding operations
  2 15 can be regulated as a single operation if the operations are
  2 16 under common ownership or management and are adjacent.  This
  2 17 bill eliminates references to adjacency and provides that the
  2 18 operations are deemed a single operation when an animal
  2 19 feeding operation structure which is part of one operation is
  2 20 less than 2,640 feet from an animal feeding operation
  2 21 structure which is part of the other operation.  
  2 22 LSB 2693XC 77
  2 23 da/jw/5
     

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