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House Journal: Page 1507: Monday, April 13, 1998

39   animal weight capacity of two million five hundred
40   thousand pounds for swine kept in a farrow-to-finish
41   operation.
42     (c)  Confinement feeding operations having an
43   animal weight capacity of six million or more pounds
44   for bovine.
45     b.  An animal feeding operation structure subject
46   to the distance requirements of this subsection is
47   constructed after March 20, 1996.
48     2.  An animal feeding operation structure is
49   "constructed" when any of the following occurs:
50     a.  Excavation for a proposed animal feeding

Page  11

 1   operation structure or proposed expansion of an
 2   existing animal feeding operation structure, including
 3   excavation for the footings of the animal feeding
 4   operation structure.
 5     b.  Forms for concrete are installed for a proposed
 6   animal feeding operation structure or the proposed
 7   expansion of an existing animal feeding operation
 8   structure.
 9     c.  Piping for the movement of manure is installed
10   within or between animal feeding operation structures
11   as proposed or proposed to be expanded.
12     Sec. 15.  Section 455B.162, unnumbered paragraph 1,
13   Code 1997, is amended to read as follows:
14     The following shall apply to animal feeding
15   operation structures:
16     1.  Except as provided in subsection 2, and
17   sections 455B.163 and 455B.165, this subsection
18   applies to animal feeding operation structures
19   constructed on or after May 31, 1995, but prior to the
20   effective date of this section; and to the expansion
21   of structures constructed on or after May 31, 1995;
22   or, except as provided in section 455B.163, to the
23   expansion of structures constructed prior to May 31,
24   1995: the effective date of this section.
25     Sec. 16.  Section 455B.162, subsection 1, Code
26   1997, is amended to read as follows:
27     1.  Except as provided in subsection 2, the
28   following table shall apply to animal feeding
29   operation structures:
30     a.  The following table represents the minimum
31   separation distance in feet required between an animal
32   feeding operation structure and a residence not owned
33   by the owner of the animal feeding operation, or a
34   commercial enterprise, bona fide religious
35   institution, or an educational institution:
36		Minimum
37 		separation
38		distance in

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