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PAG LIN 1 1 Section 1. NEW SECTION. 7D.10A MANURE STORAGE INDEMNITY 1 2 FUND ALLOCATIONS. 1 3 If moneys are not sufficient to pay claims against the 1 4 manure storage indemnity fund as provided in chapter 204, the 1 5 executive council may allocate from moneys in the general fund 1 6 of the state not otherwise appropriated, an amount to pay 1 7 claims against the manure storage indemnity fund created in 1 8 section 204.2. However, not more than a total of three 1 9 million dollars shall be allocated by the executive council to 1 10 the manure storage indemnity fund at any time. 1 11 Sec. 2. Section 204.2, subsection 5, Code 1997, is amended 1 12 to read as follows: 1 13 5. The following shall apply to moneys in the fund: 1 14 a. On August 31 following the close of each fiscal year, 1 15 moneys in the fund which are not obligated or encumbered on 1 16 June 30 of the past fiscal year, less the department's 1 17 estimate of the cost to the fund for pending or unsettled 1 18 claims, and which are in excess of one million dollars, shall 1 19 be deposited in the organic nutrient management fund as 1 20 created in section 161C.5 for purposes of supporting the 1 21 organic nutrient management program. 1 22 b. The executive council may allocate moneys to the fund 1 23 as provided in section 7D.10A to the extent that moneys in the 1 24 fund are not sufficient to pay all claims under section 204.4. 1 25 Sec. 3. Section 204.3, subsections 1 through 3, Code 1997, 1 26 are amended to read as follows: 1 27 1. If the confinement feeding operation has an animal 1 28 weight capacity of less than six hundred twenty-five thousand 1 29 pounds, the following shall apply: 1 30 a. For all animals other than poultry, the amount of the 1 31 fee shall befiveten cents per animal unit of capacity for 1 32 confinement feeding operations. 1 33 b. For poultry, the amount of the fee shall betwofour 1 34 cents per animal unit of capacity for confinement feeding 1 35 operations. 2 1 2. If the confinement feeding operation has an animal 2 2 weight capacity of six hundred twenty-five thousand or more 2 3 pounds but less than one million two hundred fifty thousand 2 4 pounds, the following shall apply: 2 5 a. For all animals other than poultry, the amount of the 2 6 fee shall beseven and one-halffifteen cents per animal unit 2 7 of capacity for confinement feeding operations. 2 8 b. For poultry, the amount of the fee shall bethreesix 2 9 cents per animal unit of capacity for confinement feeding 2 10 operations. 2 11 3. If the confinement feeding operation has an animal 2 12 weight capacity of one million two hundred fifty thousand or 2 13 more pounds, the following shall apply: 2 14 a. For all animals other than poultry, the amount of the 2 15 fee shall betentwenty cents per animal unit of capacity for 2 16 confinement feeding operations. 2 17 b. For poultry, the amount of the fee shall befoureight 2 18 cents per animal unit of capacity for confinement feeding 2 19 operations. 2 20 Sec. 4. NEW SECTION. 331.302A LIMITATIONS ON COUNTY 2 21 LEGISLATION. 2 22 1. As used in this section: 2 23 a. "County legislation" means any ordinance, motion, 2 24 resolution, or amendment adopted by a county pursuant to 2 25 section 331.302. 2 26 b. "Agricultural operation" means a condition or activity 2 27 which occurs on land used for the production of agricultural 2 28 commodities, including but not limited to the raising, 2 29 harvesting, handling, drying, or storage of crops for feed, 2 30 food, seed, or fiber; the care or feeding of livestock; the 2 31 handling or transportation of crops or livestock; the storage, 2 32 treatment, or disposal of livestock manure; and the 2 33 application of fertilizers, soil conditioners, pesticides, and 2 34 herbicides on crops. 2 35 2. A county shall not adopt or enforce county legislation 3 1 regulating an agricultural operation, unless expressly 3 2 authorized by a provision of this Code. County legislation 3 3 adopted in violation of this section is void and unenforceable 3 4 and any enforcement activity conducted in violation of this 3 5 section is void. 3 6 Sec. 5. Section 455B.104, Code 1997, is amended to read as 3 7 follows: 3 8 455B.104 DEPARTMENTAL DUTIES – PERMITS – REQUIREMENTS 3 9 AND ASSISTANCE. 3 10 1. The department shall either approve or deny a permit to 3 11 a person applying for a permit under this chapter, within six 3 12 months from the date that the department receives a completed 3 13 application for the permit. An application which is not 3 14 approved or denied within the six-month period shall be 3 15 approved by default. The department shall issue a permit to 3 16 the applicant within ten days following the date of default 3 17 approval. However, thissectionsubsection shall not apply to 3 18 applications for permits which are issued under division II, 3 19 or division IV, parts 2 through 7. 3 20 2. The department shall not issue a permit to a person 3 21 under this chapter for five years after the date of the last 3 22 violation committed by a person or confinement feeding 3 23 operation in which the person holds a controlling interest 3 24 during which the person or operation was classified as a 3 25 habitual violator under section 455B.191. 3 26 3. The department shall assist persons applying for 3 27 assistance to establish and operate renewable fuel production 3 28 facilities pursuant to the value-added agricultural products 3 29 and processes financial assistance program established in 3 30 section 15E.111. 3 31 Sec. 6. Section 455B.171, Code Supplement 1997, is amended 3 32 by adding the following new subsections: 3 33 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 3 34 defined in section 455B.161. 3 35 NEW SUBSECTION. 3A. "Commercial manure applicator" means 4 1 a person who engages in the business of applying manure on the 4 2 land of another person for compensation. 4 3 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 4 4 the same as defined in section 455B.161. 4 5 NEW SUBSECTION. 9A. "Formed manure storage structure" 4 6 means the same as defined in section 455B.161. 4 7 NEW SUBSECTION. 12A. "Manure storage structure" means an 4 8 animal feeding operation structure used to store manure as 4 9 part of a confinement feeding operation. A manure storage 4 10 structure includes, but is not limited to, an anaerobic 4 11 lagoon, formed manure storage structure, or earthen manure 4 12 storage basin. 4 13 Sec. 7. Section 455B.173, subsection 13, Code 1997, is 4 14 amended to read as follows: 4 15 13. a. Adopt, modify, or repeal rules relating to the 4 16 construction or operation of animal feeding operations. The 4 17 rules shall include, but are not limited to, minimum manure 4 18 control requirements, requirements for obtaining permits, and 4 19 departmental evaluations of animal feeding operations. The 4 20 department shall not require that a person obtain a permit for 4 21 the construction of an animal feeding operation structure, if 4 22 the structure is part of a small animal feeding operation. 4 23 b. The department shall collect an indemnity fee as 4 24 provided in section 204.3 prior to the issuance of a 4 25 construction permit. The department shall deposit moneys 4 26 collected in indemnity fees in the manure storage indemnity 4 27 fund created in section 204.2. 4 28 c. The department shall not approve a permit for the 4 29 construction of three or more animal feeding operation 4 30 structures unless the applicant files a statement approved by 4 31 a professional engineer registered pursuant to chapter 542B 4 32 certifying that the construction of the animal feeding 4 33 operation structure will not impede the drainage through 4 34 established drainage tile lines which cross property boundary 4 35 lines unless measures are taken to reestablish the drainage 5 1 prior to completion of construction.The department shall5 2deposit moneys collected in indemnity fees in the manure5 3storage indemnity fund created in section 204.2.5 4 d. The department shall issue a permit for an animal 5 5 feeding operation, if an application is submitted according to 5 6 procedures required by the department, and the application 5 7 meets standards established by the department, regardless of 5 8 whether the animal feeding operation is required to obtain 5 9 such a permit. 5 10 e. An applicant for a construction permit shall not begin 5 11 construction at the location of a site planned for the 5 12 construction of an animal feeding operation structure, until 5 13 the person has been granted a permit for the construction of 5 14 the structure by the department. The department shall make a 5 15 determination regarding the approval or denial of a permit 5 16 within sixty days from the date that the department receives a 5 17 completed application for a permit. However, the sixty-day 5 18 requirement shall not apply to an application, if the 5 19 applicant is not required to obtain a permit in order to 5 20 construct an animal feeding operation structure or to operate 5 21 an animal feeding operation. 5 22 f. The department shall deliver a copy or require the 5 23 applicant to deliver a copy of the application for a 5 24 construction permit to the county board of supervisors in the 5 25 county where the confinement feeding operation orconfinement5 26 related animal feeding operation structure subject to the 5 27 permit is to be located. The department shall not approve the 5 28 application or issue a construction permit until thirty days 5 29 following delivery of the application to the county board of 5 30 supervisors. The department shall consider comments from the 5 31 county board of supervisors, regarding compliance by the 5 32 applicant with the legal requirements for the construction of 5 33 the confinement feeding operationstructureor related animal 5 34 feeding operation structure as provided in this chapter, and 5 35 rules adopted by the department pursuant to this chapter, if 6 1 the comments are delivered to the department within fourteen 6 2 days after receipt of the application by the county board of 6 3 supervisors. 6 4 g. Prior to granting a permit to a person for the 6 5 construction of an animal feeding operation structure, the 6 6 department may require the installation and operation of a 6 7 hydrological monitoring system for an exclusively earthen 6 8 manure storage structure, if, after an on-site inspection, the 6 9 department determines that the site presents an extraordinary 6 10 potential for groundwater pollution. 6 11 h. A person shall not obtain a permit for the construction 6 12 of a confinement feeding operation, unless the persondevelops6 13 does all of the following: 6 14 (1) Is certified pursuant to section 455B.202A. 6 15 (2) Develops a manure management plan as provided in 6 16 section 455B.203. The department shall not issue a permit to 6 17 a person under this subsection if an enforcement action by the 6 18 department, relating to a violation of this chapter concerning 6 19 a confinement feeding operation in which the person has an 6 20 interest, is pending. The department shall not issue a permit 6 21 to a person under this subsection for five years after the 6 22 date of the last violation committed by a person or 6 23 confinement feeding operation in which the person holds a 6 24 controlling interest during which the person or operation was 6 25 classified as a habitual violatorunder section 455B.191as 6 26 provided in section 455B.104.The department shall conduct an6 27annual review of each confinement feeding operation which is a6 28habitual violator and each confinement feeding operation in6 29which a habitual violator holds a controlling interest. The6 30department shall notify persons classified as habitual6 31violators of their classification, additional restrictions6 32imposed upon the persons pursuant to the classification, and6 33special civil penalties that may be imposed upon the persons.6 34The notice shall be sent to the persons by certified mail.6 35 Sec. 8. Section 455B.191, subsection 7, unnumbered 7 1 paragraph 2, Code 1997, is amended to read as follows: 7 2 This subsection shall not apply unless the department of 7 3 natural resources has previously notified the person of the 7 4 person's classification as a habitual violatoras provided in7 5section 455B.173. The department shall notify persons 7 6 classified as habitual violators of their classification, 7 7 additional restrictions imposed upon the persons pursuant to 7 8 the classification, and special civil penalties that may be 7 9 imposed upon the persons. The notice shall be sent to the 7 10 persons by certified mail. 7 11 Sec. 9. Section 455B.202, Code Supplement 1997, is amended 7 12 to read as follows: 7 13 455B.202 CONFINEMENT FEEDING OPERATIONS – PENDING ACTIONS 7 14 AND HABITUAL VIOLATORS. 7 15 1. As used in this section,"construction"unless the 7 16 context otherwise requires: 7 17 a. "Construction" means the same as defined by rules 7 18 adopted by the department applicable to the construction of 7 19 animal feeding operation structures as provided in this part. 7 20 b. "Habitual violator" means a person classified as a 7 21 habitual violator pursuant to section 455B.191. 7 22 c. "Suspect transaction" means a transaction in which a 7 23 habitual violator does any of the following: 7 24 (1) Transfers a controlling interest in a confinement 7 25 feeding operation to any of the following: 7 26 (a) An employee of the habitual violator or business in 7 27 which the person holds a controlling interest. 7 28 (b) A person who holds an interest in a business, 7 29 including a confinement feeding operation, in which the 7 30 habitual violator holds a controlling interest. 7 31 (c) A person related to the habitual violator as spouse, 7 32 parent, grandparent, lineal ascendant of a grandparent or 7 33 spouse and any other lineal descendant of the grandparent or 7 34 spouse, or a person acting in a fiduciary capacity for a 7 35 related person. 8 1 (2) Provides financing for the construction or operation 8 2 of a confinement feeding operation to any person, by providing 8 3 a contribution or loan to the person, or providing cash or 8 4 other tangible collateral for a contribution or loan made by a 8 5 third person. 8 6 2. a. A person shall not construct or expand an animal 8 7 feeding operation structure which is part of a confinement 8 8 feeding operation, if the person isaany of the following: 8 9 (1) A party to a pending action for a violation of this 8 10 chapter concerning a confinement feeding operation in which 8 11 the person has a controlling interest and the action is 8 12 commenced in district court by the attorney general. 8 13 (2) A habitual violator. 8 14 b. A person shall not construct or expand an animal 8 15 feeding operation structure which is part of a confinement 8 16 feeding operation for five years after the date of the last 8 17 violation committed by a person or confinement feeding 8 18 operation in which the person holds a controlling interest 8 19 during which the person or operation was classified as a 8 20 habitual violatorunder section 455B.191.8 213.c. Thissectionsubsection shall not prohibit a person 8 22 from completing the construction or expansion of an animal 8 23 feeding operation structure, if any of the following apply: 8 24a.(1) The person has an unexpired permit for the 8 25 construction or expansion of the animal feeding operation 8 26 structure. 8 27b.(2) The person is not required to obtain a permit for 8 28 the construction or expansion of the animal feeding operation 8 29 structure. 8 30 3. A suspect transaction shall be presumed to be made in 8 31 order to avoid conditions and enhanced penalties imposed upon 8 32 a habitual violator pursuant to this chapter. A person 8 33 receiving control of a confinement feeding operation pursuant 8 34 to a suspect transaction shall be deemed to be an agent of the 8 35 habitual violator, unless the habitual violator and the person 9 1 receiving the controlling interest in the confinement feeding 9 2 operation because of the suspect transaction, both prove by 9 3 clear and convincing evidence all of the following: 9 4 a. That the suspect transaction was for a legitimate 9 5 business purpose made by parties exercising independent and 9 6 reasonable judgment. 9 7 b. That the habitual violator does not exercise a 9 8 controlling influence over the business affairs of the 9 9 confinement feeding operation. 9 10 4. The department shall conduct an annual review of each 9 11 confinement feeding operation which is a habitual violator and 9 12 each confinement feeding operation in which a habitual 9 13 violator holds a controlling interest. 9 14 Sec. 10. NEW SECTION. 455B.202A MANURE APPLICATION – 9 15 CERTIFICATION. 9 16 1. As used in this section, unless the context otherwise 9 17 requires: 9 18 a. "Commercial manure applicator" means the same as 9 19 defined in section 455B.171. 9 20 b. "Permitted site" means a manure storage structure which 9 21 is part of a confinement feeding operation, constructed 9 22 pursuant to a permit issued by the department as provided in 9 23 section 455B.173. 9 24 c. "Permitted site manure applicator" means a person who 9 25 applies manure stored at a permitted site. 9 26 2. a. A commercial manure applicator shall not apply 9 27 manure to agricultural land, unless the person is certified 9 28 pursuant this section. 9 29 b. A permitted site manure applicator shall not apply 9 30 manure to agricultural land unless the person is certified 9 31 pursuant to this section. 9 32 3. A person required to be certified under this section 9 33 shall choose between a one-year certification for which the 9 34 person shall pay a thirty dollar fee or a three-year 9 35 certification for which the person shall pay a seventy-five 10 1 dollar fee. 10 2 4. To be initially certified a person must complete an 10 3 educational program which shall consist of an examination 10 4 required to be passed by the person. After initial 10 5 certification, the person must renew the certification by 10 6 completing the educational program which shall consist of 10 7 either an examination or continuing instructional courses. 10 8 The person must pass the examination each third year following 10 9 initial certification or may elect to attend two hours of 10 10 continuing instructional courses each year. 10 11 5. The department shall adopt, by rule, requirements for 10 12 the certification, including educational program requirements. 10 13 The department may establish different educational programs 10 14 designed for commercial manure applicators and permitted site 10 15 manure applicators. The department shall adopt rules 10 16 necessary to administer this section, including establishing 10 17 certification standards, which shall at least include 10 18 standards for the handling, application, and storage of 10 19 manure, the potential effects of manure upon surface water and 10 20 groundwater, and procedures to remediate the potential effects 10 21 on surface water or groundwater. 10 22 a. The department shall adopt by rule criteria for 10 23 allowing a person required to be certified to complete either 10 24 a written or oral examination. 10 25 b. The department shall administer the continuing 10 26 instructional courses, by either teaching the courses or 10 27 selecting persons to teach the courses, according to criteria 10 28 as provided by rules adopted by the department. The 10 29 department shall, to the extent possible, select persons to 10 30 teach the continuing instructional courses. In selecting 10 31 persons, the department shall consult with organizations 10 32 interested in the application of manure, including 10 33 associations representing manure applicators and associations 10 34 representing agricultural producers. The Iowa cooperative 10 35 extension service in agriculture and home economics of Iowa 11 1 state university of science and technology shall cooperate 11 2 with the department in administering the continuing 11 3 instructional courses. The Iowa cooperative extension service 11 4 may teach continuing instructional courses, train persons 11 5 selected to teach courses, or distribute informational 11 6 materials to persons teaching the courses. 11 7 c. The department, in administering the certification 11 8 program under this section, shall cooperate with the 11 9 department of agriculture and land stewardship in 11 10 administering the certification program for pesticide 11 11 applicators pursuant to section 206.5. 11 12 6. This section shall not require a person to be certified 11 13 as a commercial manure applicator because the person is any of 11 14 the following: 11 15 a. Actively engaged in farming who trades work with 11 16 another such person. 11 17 b. Employed by a person actively engaged in farming not 11 18 solely as a manure applicator who applies manure as an 11 19 incidental part of the person's general duties. 11 20 c. Engaged in applying manure as an incidental part of a 11 21 custom farming operation. 11 22 d. Engaged in applying manure as an incidental part of a 11 23 person's duties as provided by rules adopted by the department 11 24 providing for an exemption. 11 25 7. A person is not required to be certified to apply 11 26 manure for a period of thirty days from the date of initial 11 27 employment as a commercial manure applicator if the person 11 28 applying the manure is acting under the instructions and 11 29 control of a certified manure applicator who is in sight or 11 30 hearing distance of the supervised person. 11 31 Sec. 11. NEW SECTION. 455B.202B COMMERCIAL MANURE 11 32 APPLICATION – LIABILITY. 11 33 A person who employs a commercial manure applicator shall 11 34 not be subject to any penalty for a violation of this chapter 11 35 caused by an error or omission, unreasonable lack of skill, or 12 1 failure to maintain a reasonable standard of care by the 12 2 commercial manure applicator in the course of practice of the 12 3 commercial manure applicator's occupation. 12 4 Sec. 12. Section 657.11, subsection 4, Code 1997, is 12 5 amended by striking the subsection. 12 6 Sec. 13. NEW SECTION. 657.11A CHRONIC VIOLATORS. 12 7 1. As used in this section, unless the context otherwise 12 8 requires: 12 9 a. "Commission" means the environmental protection 12 10 commission created in section 455A.6. 12 11 b. "Confinement feeding operation" means the same as 12 12 defined in section 455B.161. 12 13 c. "Department" means the department of natural resources. 12 14 d. "Suspect transaction" means a transaction in which a 12 15 person classified as a chronic violator under this section 12 16 does any of the following: 12 17 (1) Transfers a controlling interest in a confinement 12 18 feeding operation to any of the following: 12 19 (a) An employee of the chronic violator or business in 12 20 which the person holds a controlling interest. 12 21 (b) A person who holds an interest in a business, 12 22 including a confinement feeding operation, in which the 12 23 chronic violator holds a controlling interest. 12 24 (c) A person related to the chronic violator as spouse, 12 25 parent, grandparent, lineal ascendant of a grandparent or 12 26 spouse and any other lineal descendant of the grandparent or 12 27 spouse, or a person acting in a fiduciary capacity for a 12 28 related person. 12 29 (2) Provides financing for the construction or operation 12 30 of a confinement feeding operation to any person, including by 12 31 providing a contribution, loan to the person, or providing 12 32 collateral for a contribution or loan made by a third person. 12 33 2. The rebuttable presumption provided in section 657.11 12 34 does not apply to a person during any period that the person 12 35 is classified as a chronic violator under this section as to 13 1 any confinement feeding operation in which the person holds a 13 2 controlling interest, as defined by rules adopted by the 13 3 department of natural resources. The rebuttable presumption 13 4 shall apply to the person on and after the date that the 13 5 person is removed from the classification of chronic violator. 13 6 3. A person shall be classified as a chronic violator if 13 7 the person has committed three or more violations as described 13 8 in this subsection prior to, on, or after July 1, 1996. In 13 9 addition, in relation to each violation, the person must have 13 10 been subject to either of the following: 13 11 a. The assessment of a civil penalty by the department or 13 12 the commission in an amount equal to three thousand dollars or 13 13 more. 13 14 b. A court order or judgment for a legal action brought by 13 15 the attorney general after referral by the department or 13 16 commission. 13 17 4. Each violation must have occurred within five years 13 18 prior to the date of the latest violation, counting any 13 19 violation committed by a confinement feeding operation in 13 20 which the person holds a controlling interest. A violation 13 21 occurs on the date the department issues an administrative 13 22 order to the person assessing a civil penalty of three 13 23 thousand dollars or more, or on the date the department 13 24 notifies a person in writing that the department will 13 25 recommend that the commission refer, or the commission refers 13 26 the case to the attorney general for legal action, or the date 13 27 of entry of the court order or judgment, whichever occurs 13 28 first. A violation under this subsection shall not be counted 13 29 if the civil penalty ultimately imposed is less than three 13 30 thousand dollars, the department or commission does not refer 13 31 the action to the attorney general, the attorney general does 13 32 not take legal action, or a court order or judgment is not 13 33 entered against the person. A person shall be removed from 13 34 the classification of chronic violator on the date on which 13 35 the person and all confinement feeding operations in which the 14 1 person holds a controlling interest have committed less than 14 2 three violations described in this subsection for the prior 14 3 five years. 14 4 5. For purposes of counting violations, a continuing and 14 5 uninterrupted violation shall be considered as one violation. 14 6 Different types of violations shall be counted as separate 14 7 violations regardless of whether the violations were committed 14 8 during the same period. The violation must be a violation of 14 9 a state statute, or a rule adopted by the department, which 14 10 applies to a confinement feeding operation and any related 14 11 animal feeding operation structure, including an anaerobic 14 12 lagoon, earthen manure storage basin, formed manure storage 14 13 structure, or egg washwater storage structure, or any related 14 14 pollution control device or practice. The structure, device, 14 15 or practice must be part of the confinement feeding operation. 14 16 The violation must be one of the following: 14 17 a. Constructing or operating a related animal feeding 14 18 operation structure or installing or using a related pollution 14 19 control device or practice, for which the person must obtain a 14 20 permit, in violation of statute or rules adopted by the 14 21 department, including the terms or conditions of the permit. 14 22 b. Intentionally making a false statement or 14 23 misrepresenting information to the department as part of an 14 24 application for a construction permit for the related animal 14 25 feeding operation structure, or the installation of the 14 26 related pollution control device or practice, for which the 14 27 person must obtain a construction permit from the department. 14 28 c. Failing to obtain a permit or approval by the 14 29 department for a permit to construct or operate a confinement 14 30 feeding operation or use a related animal feeding operation 14 31 structure or pollution control device or practice, for which 14 32 the person must obtain a permit from the department. 14 33 d. Operating a confinement feeding operation, including a 14 34 related animal feeding operation structure or pollution 14 35 control device or practice, which causes pollution to the 15 1 waters of the state, if the pollution was caused 15 2 intentionally, or caused by a failure to take measures 15 3 required to abate the pollution which resulted from an act of 15 4 God. 15 5 e. Failing to submit a manure management plan as required, 15 6 or operating a confinement feeding operation required to have 15 7 a manure management plan without having submitted the manure 15 8 management plan. 15 9 6. A suspect transaction shall be presumed to be made in 15 10 order to avoid a cause of action for nuisance brought against 15 11 the person classified as a chronic violator. The person 15 12 receiving control of the operation pursuant to the suspect 15 13 transaction shall be deemed to be an agent of the chronic 15 14 violator, unless the chronic violator and the person receiving 15 15 the controlling interest in the confinement feeding operation 15 16 because of the suspect transaction, prove by clear and 15 17 convincing evidence all of the following: 15 18 a. That the suspect transaction was for a legitimate 15 19 business purpose made by parties exercising independent and 15 20 reasonable judgment. 15 21 b. That the chronic violator does not exercise a 15 22 controlling influence over the business affairs of the 15 23 confinement feeding operation. 15 24 Sec. 14. ANIMAL AGRICULTURE CONSULTING ORGANIZATION. The 15 25 department of natural resources shall consult with the animal 15 26 agriculture consulting organization established pursuant to 15 27 1995 Iowa Acts, chapter 195, as is necessary in order to 15 28 implement this Act, including but not limited to the adoption 15 29 of rules under this Act. 15 30 EXPLANATION 15 31 This bill relates to agriculture, including animal 15 32 agriculture. 15 33 The bill amends provisions relating to the manure storage 15 34 indemnity fund which was established in order to reimburse 15 35 counties for expenses incurred by counties in cleaning up 16 1 manure storage structures on a site that the county received 16 2 due to nonpayment of back taxes. The fund is supported by 16 3 fees paid by persons obtaining construction permits from the 16 4 department of natural resources for confinement feeding 16 5 operations. The bill provides that if moneys are not 16 6 sufficient to support the fund, the executive council may 16 7 allocate up to $3 million from the general fund in order to 16 8 help satisfy claims by counties. The bill also doubles the 16 9 fees paid by permittees. 16 10 The bill prohibits a county from adopting or enforcing 16 11 county legislation regulating an agricultural operation, 16 12 unless expressly authorized by a Code provision. 16 13 The bill amends a provision of law which currently 16 14 prohibits a habitual violator from obtaining a permit by the 16 15 department of natural resources for the construction or 16 16 operation of another animal feeding operation. This bill 16 17 extends that prohibition to apply to all environmental permits 16 18 issued by the department under Code chapter 455B. 16 19 The bill provides that a transaction involving a habitual 16 20 violator or a chronic violator may be considered suspect, if 16 21 the transaction involves (1) transferring a controlling 16 22 interest in the operation to a person who is financially close 16 23 or family related or (2) financing the construction or 16 24 operation of a confinement feeding operation. The bill 16 25 provides that a suspect transaction is not recognized for 16 26 purposes of enforcing environmental laws or claiming nuisance 16 27 suit protection, unless the violator and the person receiving 16 28 a controlling interest in a confinement feeding operation 16 29 prove by clear and convincing evidence that the transaction 16 30 was for a legitimate business purpose made by parties 16 31 exercising independent and reasonable judgment, and the 16 32 chronic violator does not exercise a controlling influence 16 33 over the business affairs of the confinement feeding 16 34 operation. 16 35 The bill provides certification requirements for a 17 1 commercial manure applicator and a person applying manure from 17 2 a confinement feeding operation required to obtain a 17 3 construction permit. The certification program is 17 4 administered by the department of natural resources in 17 5 cooperation with the department of agriculture and land 17 6 stewardship. The certification process is similar to that for 17 7 commercial pesticide applicators under Code chapter 206. The 17 8 person required to be certified may choose between a one-year 17 9 or three-year certification. The person is required to pay a 17 10 certification fee. To be initially certified, the person must 17 11 complete an educational program which consists of an 17 12 examination required to be passed by the person. After 17 13 initial certification, the person must renew the certification 17 14 by completing the educational program which shall consist of 17 15 either an examination or continuing instructional courses. 17 16 The bill provides that a person who employs a commercial 17 17 manure applicator is not subject to a penalty for a violation 17 18 of Code chapter 455B caused by an error or omission, 17 19 unreasonable lack of skill, or failure to maintain a 17 20 reasonable standard of care by the commercial manure 17 21 applicator. 17 22 The bill requires the department of natural resources to 17 23 consult with the animal agriculture consulting organization as 17 24 is necessary in order to implement the bill, including the 17 25 adoption of rules under the bill. 17 26 This bill may impose a state mandate as provided in Code 17 27 chapter 25B. 17 28 LSB 3474XL 77 17 29 da/cf/24.2
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