Text: SF00321                           Text: SF00323
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 322

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.161, Code 1999, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  6A.  "Authorized animal feeding operation
  1  4 structure" means a confinement building, egg washwater storage
  1  5 structure, or formed manure storage structure.
  1  6    Sec. 2.  Section 455B.162, subsection 2, unnumbered
  1  7 paragraph 1, Code 1999, is amended to read as follows:
  1  8    Except as provided in subsection subsections 3B and 6, and
  1  9 sections 455B.163 and 455B.165, this subsection applies to
  1 10 animal feeding operation structures constructed on or after
  1 11 January 1, 1999, but prior to the effective date of this Act,
  1 12 and to the expansion of structures constructed on or after
  1 13 January 1, 1999, but prior to the effective date of this Act.
  1 14 The following table represents the minimum separation distance
  1 15 in feet required between an animal feeding operation structure
  1 16 and a residence not owned by the owner of the animal feeding
  1 17 operation, or a commercial enterprise, bona fide religious
  1 18 institution, or an educational institution:
  1 19    Sec. 3.  Section 455B.162, subsection 3, unnumbered
  1 20 paragraph 1, Code 1999, is amended to read as follows:
  1 21    Except as provided in subsection subsections 3B and 6, and
  1 22 sections 455B.163 and 455B.165, this subsection applies to
  1 23 animal feeding operation structures constructed on or after
  1 24 May 31, 1995, but prior to the effective date of this Act; to
  1 25 the expansion of structures constructed on or after May 31,
  1 26 1995, but prior to the effective date of this Act; and to the
  1 27 expansion of structures constructed prior to May 31, 1995.
  1 28 The following table represents the minimum separation distance
  1 29 in feet required between animal feeding operation structures
  1 30 and a public use area or a residence not owned by the owner of
  1 31 the animal feeding operation, a commercial enterprise, a bona
  1 32 fide religious institution, or an educational institution
  1 33 located within the corporate limits of a city:
  1 34    Sec. 4.  Section 455B.162, Code 1999, is amended by adding
  1 35 the following new subsections:
  2  1    NEW SUBSECTION.  3A.  The following tables shall apply to
  2  2 authorized animal feeding operation structures constructed or
  2  3 expanded on or after the effective date of this Act:
  2  4    a.  The following table represents the minimum separation
  2  5 distance in feet required between an authorized animal feeding
  2  6 operation structure and a residence not owned by the owner of
  2  7 the animal feeding operation, or a commercial enterprise, bona
  2  8 fide religious institution, or an educational institution:  
  2  9                                   Minimum
  2 10                                   separation 
  2 11                                   distance in
  2 12                                   feet for
  2 13                                   operations
  2 14                    Minimum        having an
  2 15                    separation     animal         Minimum
  2 16                    distance in    weight         separation
  2 17                    feet for       capacity of    distance in
  2 18                    operations     625,000 or     feet for
  2 19                    having an      more pounds    operations
  2 20                    animal         but less than  having an
  2 21                    weight         1,250,000      animal
  2 22                    capacity of    pounds for     weight
  2 23                    less than      animals other  capacity of
  2 24                    625,000        than bovine,   1,250,000 or
  2 25                    pounds for     or 1,600,000   more pounds
  2 26                    animals other  or more        for animals
  2 27                    than bovine,   pounds but     other than
  2 28                    or less than   less than      bovine, or
  2 29                    1,600,000      4,000,000      4,000,000 or
  2 30                    pounds for     pounds for     more pounds
  2 31 Type of structure  bovine         bovine         for bovine
  2 32 Uncovered formed
  2 33   manure storage
  2 34   structure          1,250           1,500          2,000
  2 35 Covered formed
  3  1   manure storage
  3  2   structure          1,000           1,250          1,875
  3  3 Confinement
  3  4   building           1,000           1,250          1,875
  3  5 Egg washwater
  3  6   storage structure    750           1,000          1,500
  3  7    b.  The following table represents the minimum separation
  3  8 distance in feet required between an authorized animal feeding
  3  9 operation structure and a public use area or a residence not
  3 10 owned by the owner of the animal feeding operation, a
  3 11 commercial enterprise, a bona fide religious institution, or
  3 12 an educational institution located within the corporate limits
  3 13 of a city:  
  3 14                                   Minimum
  3 15                                   separation 
  3 16                                   distance in
  3 17                                   feet for
  3 18                                   operations
  3 19                    Minimum        having an
  3 20                    separation     animal         Minimum
  3 21                    distance in    weight         separation
  3 22                    feet for       capacity of    distance in
  3 23                    operations     625,000 or     feet for
  3 24                    having an      more pounds    operations
  3 25                    animal         but less than  having an
  3 26                    weight         1,250,000      animal
  3 27                    capacity of    pounds for     weight
  3 28                    less than      animals other  capacity of
  3 29                    625,000        than bovine,   1,250,000 or
  3 30                    pounds for     or 1,600,000   more pounds
  3 31                    animals other  or more        for animals
  3 32                    than bovine,   pounds but     other than
  3 33                    or less than   less than      bovine, or
  3 34                    1,600,000      4,000,000      4,000,000 or
  3 35                    pounds for     pounds for     more pounds
  4  1 Type of structure  bovine         bovine         for bovine
  4  2 Authorized animal
  4  3   feeding operation
  4  4   structure           1,250           1,875          2,500
  4  5    NEW SUBSECTION.  3B.  An animal feeding operation structure
  4  6 constructed prior to the effective date of this Act may be
  4  7 expanded only if it is an authorized animal feeding operation
  4  8 structure as provided in section 455B.163.
  4  9    Sec. 5.  Section 455B.163, unnumbered paragraph 1, Code
  4 10 1999, is amended to read as follows:
  4 11    An animal feeding operation constructed or expanded prior
  4 12 to the date that a distance requirement became effective under
  4 13 section 455B.162 and which does not comply with the section's
  4 14 distance requirement may continue to operate regardless of the
  4 15 distance requirement.  The An animal feeding operation
  4 16 structure shall not be expanded unless it complies with this
  4 17 section.  The animal feeding operation may only be expanded by
  4 18 the construction or expansion of an authorized animal feeding
  4 19 operation structure.  In addition, the animal feeding
  4 20 operation may be expanded only if any of the following
  4 21 applies:
  4 22    Sec. 6.  Section 455B.171, Code 1999, is amended by adding
  4 23 the following new subsection:
  4 24    NEW SUBSECTION.  6A.  "Authorized animal feeding operation
  4 25 structure" means the same as defined in section 455B.161.
  4 26    Sec. 7.  Section 455B.200A, subsection 1, Code 1999, is
  4 27 amended to read as follows:
  4 28    1.  The department shall issue permits for the
  4 29 construction, including the expansion, of animal feeding
  4 30 operation structures, including structures which are part of
  4 31 confinement feeding operations, as provided by rules adopted
  4 32 pursuant to section 455B.200.  The department shall not issue
  4 33 a permit for the construction of an animal feeding operation
  4 34 structure unless it is an authorized animal feeding operation
  4 35 structure.  The department shall issue a permit to an animal
  5  1 feeding operation if an application is submitted according to
  5  2 procedures required by the department and the application
  5  3 meets standards established by the department, regardless of
  5  4 whether the animal feeding operation is required to obtain
  5  5 such a permit.  The department shall not require that a person
  5  6 obtain a permit for the construction of an authorized animal
  5  7 feeding operation structure if the structure is part of a
  5  8 small animal feeding operation.  For purposes of this section,
  5  9 an animal feeding operation structure includes a manure
  5 10 storage structure.
  5 11    Sec. 8.  NEW SECTION.  455B.207  CONSTRUCTION OR EXPANSION
  5 12 AND USE OF UNFORMED MANURE STORAGE STRUCTURES PROHIBITED.
  5 13    1.  A person shall not construct or expand an unformed
  5 14 manure storage structure on or after the effective date of
  5 15 this Act.
  5 16    2.  A person shall not use an unformed manure storage
  5 17 structure to store manure on or after July 1, 2004.
  5 18    3.  This section does not apply to a storage structure that
  5 19 is part of a small animal feeding operation.
  5 20    Sec. 9.  Section 455J.1, Code 1999, is amended by adding
  5 21 the following new subsections:
  5 22    NEW SUBSECTION.  4A.  "Designated agricultural drainage
  5 23 well area" means the same as defined in section 455I.1.
  5 24    NEW SUBSECTION.  10.  "Unformed manure storage structure"
  5 25 means the same as defined in section 455B.161.
  5 26    Sec. 10.  Section 455J.2, subsection 3, Code 1999, is
  5 27 amended to read as follows:
  5 28    3.  a.  The moneys collected under this section shall be
  5 29 deposited in the fund and shall be appropriated to the
  5 30 department for the exclusive purpose of providing moneys for
  5 31 following purposes:
  5 32    (1)  Supporting programs provided for in this chapter,
  5 33 including all of the following:
  5 34    (a)  Providing cost-share moneys to persons for closing
  5 35 unformed manure storage structures as provided in section
  6  1 455J.4A.
  6  2    (b)  Providing for the cleanup of abandoned facilities as
  6  3 provided in section 455J.5, and to pay.
  6  4    (2)  Reimbursing the department for costs related to
  6  5 administering the provisions of this chapter.  For each fiscal
  6  6 year, the department shall not use more than one percent of
  6  7 the total amount which is available in the fund or ten
  6  8 thousand dollars, whichever is less, to pay for the costs of
  6  9 administration.
  6 10    b.  Moneys in the fund shall not be subject to
  6 11 appropriation or expenditure for any other purpose than
  6 12 provided in this section.
  6 13    Sec. 11.  Section 455J.2, subsection 5, paragraph a, Code
  6 14 1999, is amended to read as follows:
  6 15    a.  The first three million dollars deposited in the fund
  6 16 shall be used to support the unformed manure storage structure
  6 17 closure program as provided in section 455J.4A.  The remaining
  6 18 moneys in the fund shall be used to provide cleanup of
  6 19 abandoned facilities as provided in section 455J.5.
  6 20    On August 31 following the close of each fiscal year,
  6 21 moneys in the fund which are not obligated or encumbered on
  6 22 June 30 of the past fiscal year, not counting the department's
  6 23 estimate of the cost to the fund for pending or unsettled
  6 24 claims and any amount required to be credited to the general
  6 25 fund of the state under this subsection, in excess of three
  6 26 six million dollars shall be deposited in the organic nutrient
  6 27 management fund as created in section 161C.5 for purposes of
  6 28 supporting the organic nutrient management program.
  6 29    Sec. 12.  NEW SECTION.  455J.4A  UNFORMED MANURE STORAGE
  6 30 STRUCTURE CLOSURE PROGRAM.
  6 31    1.  The department shall establish an unformed manure
  6 32 storage structure closure program.  To the extent that moneys
  6 33 are available to support the program, the division shall
  6 34 provide cost-share moneys to reimburse a person for costs
  6 35 incurred by the person in closing an unformed manure storage
  7  1 structure.
  7  2    2.  The closure must include all of the following:
  7  3    a.  Cleanup, including removing and disposing of manure
  7  4 stored in the unformed manure storage structure and
  7  5 remediating any contamination originating from the unformed
  7  6 manure storage structure.
  7  7    b.  Converting the unformed manure storage structure to
  7  8 another purpose approved by the department or filling in the
  7  9 structure with soil or other materials in a manner that is
  7 10 approved by the soil conservation division of the department
  7 11 of agriculture and land stewardship.
  7 12    3.  The department shall award cost-share moneys first to
  7 13 persons closing unformed manure storage structures located
  7 14 within designated agricultural drainage well areas.  The
  7 15 amount of moneys allocated in cost-share payments to a person
  7 16 eligible under the program shall not exceed fifty percent of
  7 17 the estimated cost of closing the unformed manure storage
  7 18 structure or fifty percent of the actual cost of closing the
  7 19 unformed manure storage structure, whichever is less.
  7 20 However, a person shall not receive more than five thousand
  7 21 dollars in cost-share moneys from the fund.
  7 22    4.  In order to be eligible to participate in the program,
  7 23 all of the following must apply:
  7 24    a.  The person must own an interest in land on which an
  7 25 unformed manure storage structure is located.
  7 26    b.  The person must be eligible to file a family farm tax
  7 27 credit for the property where the unformed manure storage
  7 28 structure is located as provided in chapter 425A.
  7 29    c.  The person must apply to the department in a manner and
  7 30 according to procedures required by the department.
  7 31    5.  A person shall not be eligible to participate in the
  7 32 program if the person is any of the following:
  7 33    a.  A party to a pending legal or administrative action,
  7 34 including a contested case proceeding under chapter 17A,
  7 35 relating to an alleged violation involving an animal feeding
  8  1 operation as regulated by the department of natural resources,
  8  2 regardless of whether the pending action is brought by the
  8  3 department or the attorney general.
  8  4    b.  Is classified as a habitual violator for a violation of
  8  5 state law involving an animal feeding operation as regulated
  8  6 by the department of natural resources.
  8  7    Sec. 13.
  8  8    1.  a.  Section 455J.1, subsections 4A and 10, as enacted
  8  9 in this Act, are amended by striking the subsections.
  8 10    b.  Section 455J.2, subsection 3, paragraph a, subparagraph
  8 11 (1), subparagraph subdivision (a), as enacted in this Act, is
  8 12 amended by striking the subparagraph subdivision.
  8 13    c.  The Code editor is directed to return section 455J.2,
  8 14 subsection 5, paragraph "a", to the language as it appeared in
  8 15 the 1999 Code.
  8 16    d.  Section 455J.4A, as enacted in this Act, is repealed.
  8 17    2.  This section is effective July 1, 2004.
  8 18    Sec. 14.  EFFECTIVE DATE.  This Act, being deemed of
  8 19 immediate importance, takes effect upon enactment.  
  8 20                           EXPLANATION
  8 21    This bill amends provisions concerning unformed manure
  8 22 storage structures related to animal feeding operations.
  8 23    The bill amends provisions in Code chapter 455B which
  8 24 regulate animal feeding operations and related structures.
  8 25 Specifically, the bill prohibits a person from constructing or
  8 26 expanding an unformed manure storage structure on or after the
  8 27 effective date of the bill.  An unformed manure storage
  8 28 structure includes an anaerobic lagoon or earthen manure
  8 29 storage basin.  The bill prohibits a person from using an
  8 30 unformed manure storage structure on or after July 1, 2004.
  8 31    According to Code section 455B.191, a person who violates
  8 32 Code section 455B.207, as enacted in the bill, is subject to a
  8 33 civil penalty of $5,000.
  8 34    The bill amends Code chapter 455J, which establishes a
  8 35 manure storage indemnity fund administered by the department.
  9  1 Under current law, the moneys in the fund must be used to
  9  2 provide for cleanup of abandoned facilities.  Unobligated and
  9  3 unexpended moneys in the fund in excess of $3 million must be
  9  4 deposited into the organic nutrient management fund created in
  9  5 Code section 161C.5 for purposes of supporting the organic
  9  6 nutrient management program.  This bill provides that the
  9  7 first $3 million must be used to support a program to close
  9  8 unformed manure storage structures.  The bill provides that
  9  9 moneys in excess of $6 million must be deposited in the
  9 10 organic nutrient management fund.
  9 11    The provisions providing for the program sunset on July 1,
  9 12 2004.
  9 13    The bill takes effect upon enactment.  
  9 14 LSB 2161XS 78
  9 15 da/gg/8.3
     

Text: SF00321                           Text: SF00323
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jan 12 05:55:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/00300/SF00322/990308.html
jhf