Text: S05436                            Text: S05438
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5437

Amendment Text

PAG LIN
  1  1    Amend Senate File 2293 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:  
  1  4                       "DIVISION I
  1  5         REGULATION OF ANIMAL FEEDING OPERATIONS
  1  6    Section 1.  Section 4.1, Code 2001, is amended by
  1  7 adding the following new subsection:
  1  8    NEW SUBSECTION.  9A.  "Internet" means the
  1  9 federated international system that is composed of
  1 10 allied electronic communication networks linked by
  1 11 telecommunication channels, that uses standardized
  1 12 protocols, and that facilitates electronic
  1 13 communication services, including but not limited to
  1 14 use of the world wide web; the transmission of
  1 15 electronic mail or messages; the transfer of files and
  1 16 data or other electronic information; and the
  1 17 transmission of voice, image, and video.
  1 18    Sec. 2.  Section 455B.109, subsection 4, Code 2001,
  1 19 is amended to read as follows:
  1 20    4.  All civil penalties assessed by the department
  1 21 and interest on the penalties shall be deposited in
  1 22 the general fund of the state.  However, civil
  1 23 penalties assessed by the department and interest on
  1 24 the civil penalties, arising out of violations
  1 25 committed by involving animal feeding operations under
  1 26 division II, part 2, shall be deposited in the manure
  1 27 storage indemnity animal agriculture compliance fund
  1 28 as created in section 455J.2 455B.127.  Civil
  1 29 penalties assessed by the department and interest on
  1 30 the penalties arising out of violations committed by
  1 31 animal feeding operations under division III, which
  1 32 may be assessed pursuant to section 455B.191, shall
  1 33 also be deposited in the manure storage indemnity
  1 34 animal agriculture compliance fund as created in
  1 35 section 455J.2.
  1 36    Sec. 3.  Section 455B.110, subsection 3, Code 2001,
  1 37 is amended by striking the subsection.  
  1 38                         PART 2
  1 39                ANIMAL FEEDING OPERATIONS
  1 40    Sec. 4.  NEW SECTION.  455B.125  COUNTY ASSESSMENT
  1 41 OF FEES PROHIBITED.
  1 42    A county shall not assess or collect a fee under
  1 43 this chapter for the regulation of animal agriculture,
  1 44 including but not limited to any fee related to the
  1 45 filing, consideration, or evaluation of an application
  1 46 for a construction permit pursuant to section
  1 47 455B.200A or the filing of a manure management plan
  1 48 pursuant to section 455B.203.
  1 49    Sec. 5.  NEW SECTION.  455B.126  ANIMAL AGRICULTURE
  1 50 COMPLIANCE FEES – DELINQUENCIES.
  2  1    If a fee imposed under this chapter for deposit
  2  2 into the animal agriculture compliance fund is
  2  3 delinquent, the department may charge interest on any
  2  4 amount of the fee that is delinquent.  The rate of
  2  5 interest shall not be more than the current rate
  2  6 published in the Iowa administrative bulletin by the
  2  7 department of revenue and finance pursuant to section
  2  8 421.7.  The interest amount shall be computed from the
  2  9 date that the fee is delinquent, unless the department
  2 10 designates a later date.  The interest amount shall
  2 11 accrue for each month in which a delinquency is
  2 12 calculated as provided in section 421.7, and counting
  2 13 each fraction of a month as an entire month.  The
  2 14 interest amount shall become part of the amount of the
  2 15 fee due.
  2 16    Sec. 6.  NEW SECTION.  455B.127  ANIMAL AGRICULTURE
  2 17 COMPLIANCE FUND.
  2 18    1.  An animal agriculture compliance fund is
  2 19 created in the state treasury under the control of the
  2 20 department.  The compliance fund is separate from the
  2 21 general fund of the state.
  2 22    2.  The compliance fund is composed of two
  2 23 accounts, the general account and the assessment
  2 24 account.
  2 25    a.  The general account is composed of moneys
  2 26 appropriated by the general assembly and moneys
  2 27 available to and obtained or accepted by the
  2 28 department from the United States government or
  2 29 private sources for placement in the compliance fund.
  2 30 Unless otherwise specifically provided in statute,
  2 31 moneys required to be deposited in the compliance fund
  2 32 shall be deposited into the general account.  The
  2 33 general account shall include moneys deposited into
  2 34 the account from all of the following:
  2 35    (1)  The construction permit application fee
  2 36 required pursuant to section 455B.200A.
  2 37    (2)  The manure management plan filing fee required
  2 38 pursuant to section 455B.203.
  2 39    (3)  Fees paid by persons required to be certified
  2 40 as commercial manure applicators or confinement site
  2 41 manure applicators pursuant to section 455B.203A.
  2 42    (4)  The collection of civil penalties assessed by
  2 43 the department and interest on civil penalties,
  2 44 arising out of violations involving animal feeding
  2 45 operations as provided in sections 455B.167 and
  2 46 455B.207.
  2 47    b.  The assessment account is composed of moneys
  2 48 collected from the annual compliance fee required
  2 49 pursuant to section 455B.203C.
  2 50    3.  Moneys in the compliance fund are appropriated
  3  1 to the department exclusively to pay the expenses of
  3  2 the department in administering and enforcing the
  3  3 provisions of division II, part 2, and division III,
  3  4 part 1, subpart A, as necessary to ensure that animal
  3  5 feeding operations comply with all applicable
  3  6 requirements of those provisions, including rules
  3  7 adopted or orders issued by the department pursuant to
  3  8 those provisions.  The moneys shall not be
  3  9 transferred, used, obligated, appropriated, or
  3 10 otherwise encumbered except as provided in this
  3 11 subsection.  The department shall not transfer moneys
  3 12 from the compliance fund's assessment account to
  3 13 another fund or account, including but not limited to
  3 14 the fund's general account.
  3 15    4.  Moneys in the fund, which may be subject to
  3 16 warrants written by the director of revenue and
  3 17 finance, shall be drawn upon the written requisition
  3 18 of the director of the department of natural resources
  3 19 or an authorized representative of the director.
  3 20    5.  Notwithstanding section 8.33, any unexpended
  3 21 balance in the compliance fund at the end of the
  3 22 fiscal year shall be retained in the fund.
  3 23 Notwithstanding section 12C.7, subsection 2, interest,
  3 24 earnings on investments, or time deposits of the
  3 25 moneys in the compliance fund shall be credited to the
  3 26 fund.
  3 27    Sec. 7.  Section 455B.161, subsections 2, 3, 4, 5,
  3 28 9, 11, 16, 21, and 24, Code 2001, are amended to read
  3 29 as follows:
  3 30    2.  "Anaerobic lagoon" means an impoundment used in
  3 31 conjunction with an animal feeding operation unformed
  3 32 manure storage structure, if the primary function of
  3 33 the impoundment structure is to store and stabilize
  3 34 organic wastes manure, the impoundment structure is
  3 35 designed to receive wastes manure on a regular basis,
  3 36 and the impoundment's structure's design waste loading
  3 37 rates provide that the predominant biological activity
  3 38 is anaerobic.  An anaerobic lagoon does not include
  3 39 any of the following:
  3 40    a.  A confinement feeding operation structure.
  3 41    b.  A runoff control basin which collects and
  3 42 stores only precipitation-induced runoff from an
  3 43 animal feeding operation in which animals are confined
  3 44 to areas which are unroofed or partially roofed and in
  3 45 which no crop, vegetation, or forage growth or residue
  3 46 cover is maintained during the period in which animals
  3 47 are confined in the operation.
  3 48    c. b.  An anaerobic treatment system which that
  3 49 includes collection and treatment facilities for all
  3 50 off gases.
  4  1    3.  "Animal" means a domesticated animal belonging
  4  2 to the bovine, porcine, ovine, caprine, equine, or
  4  3 avian species classified as cattle, swine, horses,
  4  4 sheep, chickens or turkeys.
  4  5    4.  "Animal feeding operation" means a lot, yard,
  4  6 corral, building, or other area in which animals are
  4  7 confined and fed and maintained for forty-five days or
  4  8 more in any twelve-month period, and all structures
  4  9 used for the storage of manure from animals in the
  4 10 operation.  Two or more animal feeding operations
  4 11 under common ownership or management are deemed to be
  4 12 a single animal feeding operation if they are adjacent
  4 13 or utilize a common system for manure storage.  An
  4 14 animal feeding operation does not include a livestock
  4 15 market.
  4 16    5.  "Animal feeding operation structure" means an
  4 17 anaerobic lagoon or confinement feeding operation
  4 18 structure a confinement building, manure storage
  4 19 structure, or egg washwater storage structure.
  4 20    9.  "Confinement feeding operation building" or
  4 21 "confinement building" means a building used in
  4 22 conjunction with a confinement feeding operation to
  4 23 house animals.
  4 24    11.  "Confinement feeding operation structure"
  4 25 means a formed manure storage an animal feeding
  4 26 operation structure, egg washwater storage structure,
  4 27 earthen manure storage basin, or confinement building.
  4 28 A confinement feeding operation structure does not
  4 29 include an anaerobic lagoon that is part of a
  4 30 confinement feeding operation.
  4 31    16.  "Formed manure storage structure" means a
  4 32 structure, either covered or uncovered, impoundment
  4 33 used to store manure from a confinement an animal
  4 34 feeding operation, which has walls and a floor
  4 35 constructed of concrete, concrete block, wood, steel,
  4 36 or similar materials.
  4 37    21.  "Small animal feeding operation" means an
  4 38 animal feeding operation which has an animal weight
  4 39 animal unit capacity of two hundred thousand pounds or
  4 40 less for animals other than bovine, or four hundred
  4 41 thousand pounds five hundred or less for bovine fewer
  4 42 animal units.
  4 43    24.  "Unformed manure storage structure" means a
  4 44 covered or uncovered animal feeding operation
  4 45 structure in which impoundment used to store manure is
  4 46 stored, other than a formed manure storage structure,
  4 47 which is includes an anaerobic lagoon, aerobic
  4 48 structure, or earthen manure storage basin.
  4 49    Sec. 8.  Section 455B.161, Code 2001, is amended by
  4 50 adding the following new subsections:
  5  1    NEW SUBSECTION.  6A.  "Animal unit" means a unit of
  5  2 measurement based upon the product of multiplying the
  5  3 number of animals of each category by a special
  5  4 equivalency factor as follows:  
  5  5    a.  Slaughter or feeder cattle ...................... 1.000
  5  6    b.  Immature dairy cattle ........................... 1.000
  5  7    c.  Mature dairy cattle ............................. 1.400
  5  8    d.  Butcher or breeding swine weighing
  5  9 more than fifty-five pounds ............................ 0.400
  5 10    e.  Swine weighing fifteen pounds or more
  5 11 but not more than fifty-five pounds .................... 0.100
  5 12    f.  Sheep or lambs .................................. 0.100
  5 13    g.  Horses .......................................... 2.000
  5 14    h.  Turkeys ..........................................0.018
  5 15    i.  Broiler or layer chickens ........................0.010
  5 16    NEW SUBSECTION.  6B.  "Animal unit capacity" means
  5 17 a measurement used to determine the maximum number of
  5 18 animal units that may be maintained as part of an
  5 19 animal feeding operation at any one time, including as
  5 20 provided in sections 455B.161A and 455B.200B.
  5 21    NEW SUBSECTION.  8A.  "Commission" means the
  5 22 environmental protection commission created pursuant
  5 23 to section 455A.6.
  5 24    NEW SUBSECTION.  18A.  "Manure storage structure"
  5 25 means a formed manure storage structure or an unformed
  5 26 manure storage structure.  A manure storage structure
  5 27 does not include an egg washwater storage structure.
  5 28    NEW SUBSECTION.  18B.  "Public thoroughfare" means
  5 29 a road, street, or bridge that is constructed or
  5 30 maintained by the state or a political subdivision.
  5 31    NEW SUBSECTION.  19A.  "Qualified confinement
  5 32 feeding operation" means a confinement feeding
  5 33 operation having an animal unit capacity of any of the
  5 34 following:
  5 35    a.  For a confinement feeding operation maintaining
  5 36 animals other than swine as part of a farrowing and
  5 37 gestating operation or farrow-to-finish operation or
  5 38 cattle as part of a cattle operation, five thousand or
  5 39 more animal units.
  5 40    b.  For a confinement feeding operation maintaining
  5 41 swine as part of a farrowing and gestating operation,
  5 42 two thousand five hundred or more animal units.
  5 43    c.  For a confinement feeding operation maintaining
  5 44 swine as part of a swine farrow-to-finish operation,
  5 45 five thousand four hundred or more animal units.
  5 46    d.  For a confinement feeding operation maintaining
  5 47 cattle, eight thousand five hundred or more animal
  5 48 units.
  5 49    Sec. 9.  Section 455B.161A, subsection 1, Code
  5 50 2001, is amended by striking the subsection and
  6  1 inserting in lieu thereof the following:
  6  2    1.  Two or more animal feeding operations under
  6  3 common ownership or management are deemed to be a
  6  4 single animal feeding operation if they are adjacent
  6  5 or utilize a common system for manure storage.  For
  6  6 purposes of determining whether two or more
  6  7 confinement feeding operations are adjacent, all of
  6  8 the following must apply:
  6  9    a.  At least one confinement feeding operation
  6 10 structure must be constructed on or after March 21,
  6 11 1996.
  6 12    b.  A confinement feeding operation structure which
  6 13 is part of one confinement feeding operation is
  6 14 separated by less than a minimum required distance
  6 15 from a confinement feeding operation structure which
  6 16 is part of the other confinement feeding operation.
  6 17 The minimum required distance shall be as follows:
  6 18    (1)  (a)  One thousand two hundred fifty feet for a
  6 19 confinement feeding operation having an animal unit
  6 20 capacity of less than three thousand animal units for
  6 21 animals other than swine maintained as part of a swine
  6 22 farrowing and gestating operation or farrow-to-finish
  6 23 operation, or cattle maintained as part of a cattle
  6 24 operation.
  6 25    (b)  One thousand two hundred fifty feet for a
  6 26 confinement feeding operation having an animal unit
  6 27 capacity of less than one thousand two hundred fifty
  6 28 animal units for swine maintained as part of a
  6 29 farrowing and gestating operation, less than two
  6 30 thousand seven hundred animal units for swine
  6 31 maintained as part of a farrow-to-finish operation, or
  6 32 less than four thousand animal units for cattle
  6 33 maintained as part of a cattle operation.
  6 34    (2)  (a)  One thousand five hundred feet for a
  6 35 confinement feeding operation having an animal unit
  6 36 capacity of three thousand or more but less than five
  6 37 thousand animal units for animals other than swine
  6 38 maintained as part of a swine farrowing and gestating
  6 39 operation or farrow-to-finish operation, or cattle
  6 40 maintained as part of a cattle operation.
  6 41    (b)  One thousand five hundred feet for a
  6 42 confinement feeding operation having an animal unit
  6 43 capacity of one thousand two hundred fifty or more but
  6 44 less than two thousand animal units for swine
  6 45 maintained as part of a swine farrowing and gestating
  6 46 operation, two thousand seven hundred or more but less
  6 47 than five thousand four hundred animal units for swine
  6 48 maintained as part of a farrow-to-finish operation, or
  6 49 four thousand or more but less than six thousand five
  6 50 hundred animal units for cattle maintained as part of
  7  1 a cattle operation.
  7  2    (3)  (a)  Two thousand five hundred feet for a
  7  3 confinement feeding operation having an animal unit
  7  4 capacity of five thousand or more animal units for
  7  5 animals other than swine maintained as part of a swine
  7  6 farrowing and gestating operation or farrow-to-finish
  7  7 operation, or cattle maintained as part of a cattle
  7  8 operation.
  7  9    (b)  Two thousand five hundred feet for a
  7 10 confinement feeding operation having an animal unit
  7 11 capacity of two thousand or more animal units for
  7 12 swine maintained as part of a swine farrowing and
  7 13 gestating operation, five thousand four hundred animal
  7 14 units or more for swine maintained as part of a
  7 15 farrow-to-finish operation, or six thousand five
  7 16 hundred or more animal units for cattle maintained as
  7 17 part of a cattle operation.
  7 18    Sec. 10.  Section 455B.161A, Code 2001, is amended
  7 19 by adding the following new subsections:
  7 20    NEW SUBSECTION.  3.  In calculating the animal unit
  7 21 capacity of a confinement feeding operation, the
  7 22 animal unit capacity shall include the animal unit
  7 23 capacity of all confinement feeding operation
  7 24 buildings which are part of the confinement feeding
  7 25 operation, unless a confinement feeding operation
  7 26 building has been abandoned.
  7 27    NEW SUBSECTION.  4.  A confinement feeding
  7 28 operation structure is abandoned if the confinement
  7 29 feeding operation structure has been razed, removed
  7 30 from the site of a confinement feeding operation,
  7 31 filled in with earth, or converted to uses other than
  7 32 a confinement feeding operation structure so that it
  7 33 cannot be used as a confinement feeding operation
  7 34 structure without significant reconstruction.
  7 35    NEW SUBSECTION.  5.  All distances between
  7 36 locations of objects provided in this part shall be
  7 37 measured in feet from their closest points, as
  7 38 provided by rules adopted by the department.  However,
  7 39 a distance between a public thoroughfare and a
  7 40 confinement feeding operation structure shall be
  7 41 measured from the portion of the right-of-way which is
  7 42 closest to the confinement feeding operation
  7 43 structure.
  7 44    Sec. 11.  Section 455B.162, subsection 1,
  7 45 unnumbered paragraphs 1 and 2, Code 2001, are amended
  7 46 to read as follows:
  7 47    Except as provided in subsection subsections 3 and
  7 48 6, and sections 455B.163 and 455B.165, this subsection
  7 49 applies to animal confinement feeding operation
  7 50 structures constructed on or after May 31, 1995, but
  8  1 prior to January 1, 1999; and to the expansion of
  8  2 structures constructed prior to January 1, 1999.
  8  3    The following table represents the minimum
  8  4 separation distance in feet required between an animal
  8  5 a confinement feeding operation structure and a
  8  6 residence not owned by the owner of the animal
  8  7 confinement feeding operation, or a commercial
  8  8 enterprise, bona fide religious institution, or an
  8  9 educational institution:
  8 10    Sec. 12.  Section 455B.162, subsection 2,
  8 11 unnumbered paragraph 1, Code 2001, is amended to read
  8 12 as follows:
  8 13    Except as provided in subsection subsections 3 and
  8 14 6, and sections 455B.163 and 455B.165, this subsection
  8 15 applies to animal confinement feeding operation
  8 16 structures constructed on or after January 1, 1999,
  8 17 but prior to March 1, 2003, and to the expansion of
  8 18 structures constructed on or after January 1, 1999,
  8 19 but prior to March 1, 2003.
  8 20    PARAGRAPH DIVIDED.  The following table represents
  8 21 the minimum separation distance in feet required
  8 22 between an animal a confinement feeding operation
  8 23 structure and a residence not owned by the owner of
  8 24 the animal confinement feeding operation, or a
  8 25 commercial enterprise, bona fide religious
  8 26 institution, or an educational institution:
  8 27    Sec. 13.  Section 455B.162, subsection 3,
  8 28 unnumbered paragraph 1, Code 2001, is amended to read
  8 29 as follows:
  8 30    Except as provided in subsection 6, and sections
  8 31 455B.163 and 455B.165, this subsection applies to
  8 32 animal confinement feeding operation structures
  8 33 constructed on or after May 31, 1995, but prior to
  8 34 March 1, 2003; to the expansion of structures
  8 35 constructed on or after May 31, 1995, but prior to
  8 36 March 1, 2003; and to the expansion of structures
  8 37 constructed prior to May 31, 1995.
  8 38    PARAGRAPH DIVIDED.  The following table represents
  8 39 the minimum separation distance in feet required
  8 40 between animal a confinement feeding operation
  8 41 structures structure and a public use area; or between
  8 42 a confinement feeding operation structure and a
  8 43 residence not owned by the owner of the animal
  8 44 confinement feeding operation, a commercial
  8 45 enterprise, a bona fide religious institution, or an
  8 46 educational institution, if the residence, commercial
  8 47 enterprise, religious institution, or educational
  8 48 institution is located within the corporate limits of
  8 49 a city:
  8 50    Sec. 14.  Section 455B.162, Code 2001, is amended
  9  1 by adding the following new subsections:
  9  2    NEW SUBSECTION.  3A.  Except as provided in
  9  3 subsections 3B and 6, and sections 455B.163 and
  9  4 455B.165, this subsection applies to confinement
  9  5 feeding operation structures constructed on or after
  9  6 March 1, 2003, and to the expansion of confinement
  9  7 feeding operation structures constructed on or after
  9  8 March 1, 2003.
  9  9    The following table represents the minimum
  9 10 separation distance in feet required between a
  9 11 confinement feeding operation structure and a
  9 12 residence not owned by the owner of the confinement
  9 13 feeding operation, a commercial enterprise, a bona
  9 14 fide religious institution, or an educational
  9 15 institution:  
  9 16                                     For a
  9 17                      For a          confinement     For a
  9 18                      confinement    feeding         confinement
  9 19                      feeding        operation       feeding
  9 20                      operation      having an       operation
  9 21                      having an      animal unit     having an
  9 22                      animal unit    capacity of     animal unit
  9 23                      capacity of    1,000 or more   capacity of
  9 24                      less than      but less than   3,000 or 
  9 25                      1,000 animal   3,000 animal    more animal
  9 26 Type of structure    units          units           units      
  9 27 Anaerobic lagoon        1,875          2,500           3,000
  9 28 Uncovered earthen
  9 29   manure storage
  9 30   basin                 1,875          2,500           3,000
  9 31 Uncovered formed
  9 32   manure storage
  9 33   structure             1,500          2,000           2,500
  9 34 Covered earthen
  9 35   manure storage
  9 36   basin                 1,250          1,875           2,375
  9 37 Covered formed
  9 38   manure storage
  9 39   structure             1,250          1,875           2,375
  9 40 Confinement
  9 41   building              1,250          1,875           2,375
  9 42 Egg washwater
  9 43   storage
  9 44   structure             1,000          1,500           2,000
  9 45    NEW SUBSECTION.  3B.  Except as provided in
  9 46 subsection 6, and sections 455B.163 and 455B.165, this
  9 47 subsection applies to confinement feeding operation
  9 48 structures constructed on or after March 1, 2003, and
  9 49 to the expansion of confinement feeding operation
  9 50 structures constructed on or after March 1, 2003.
 10  1    The following table represents the minimum
 10  2 separation distance in feet required between a
 10  3 confinement feeding operation structure and a public
 10  4 use area; or between a confinement feeding operation
 10  5 structure and a residence not owned by the owner of
 10  6 the confinement feeding operation, a commercial
 10  7 enterprise, a bona fide religious institution, or an
 10  8 educational institution, if the residence, commercial
 10  9 enterprise, religious institution, or educational
 10 10 institution is located within the corporate limits of
 10 11 a city:  
 10 12                                     For a
 10 13                      For a          confinement     For a
 10 14                      confinement    feeding         confinement
 10 15                      feeding        operation       feeding
 10 16                      operation      having an       operation
 10 17                      having an      animal unit     having an
 10 18                      animal unit    capacity of     animal unit
 10 19                      capacity of    1,000 or more   capacity of
 10 20                      less than      but less than   3,000 or 
 10 21                      1,000 animal   3,000 animal    more animal
 10 22 Type of structure    units          units           units      
 10 23 Confinement feeding
 10 24   operation
 10 25   structure             1,875           2,500           3,000
 10 26    Sec. 15.  Section 455B.162, subsection 4, Code
 10 27 2001, is amended to read as follows:
 10 28    4.  Except as provided in section 455B.165, on and
 10 29 after January 1, 1999, an animal a confinement feeding
 10 30 operation structure shall not be constructed or
 10 31 expanded within one hundred feet from a public
 10 32 thoroughfare, including a road, street, or bridge
 10 33 which is constructed or maintained by the state or a
 10 34 political subdivision.
 10 35    Sec. 16.  Section 455B.162, subsection 6,
 10 36 paragraphs a and c, Code 2001, are amended by striking
 10 37 the paragraphs.
 10 38    Sec. 17.  Section 455B.162, subsection 6, paragraph
 10 39 b, Code 2001, is amended to read as follows:
 10 40    b. a.  A Except as provided in paragraph "b", a
 10 41 qualified confinement feeding operation storing manure
 10 42 in a manure storage structure shall only use an animal
 10 43 feeding operation a manure storage structure which
 10 44 that employs bacterial action which is maintained by
 10 45 the utilization of air or oxygen, and which shall
 10 46 include aeration equipment.  The type and degree of
 10 47 treatment technology required to be installed shall be
 10 48 based on the size of the confinement feeding
 10 49 operation, according to rules adopted by the
 10 50 department.  The equipment shall be installed,
 11  1 operated, and maintained in accordance with the
 11  2 manufacturer's instructions and requirements of rules
 11  3 adopted pursuant to this subsection.
 11  4    b.  The requirements of paragraph "a" do not apply
 11  5 to any of the following:
 11  6    (1)  A qualified confinement feeding operation
 11  7 which includes a confinement feeding operation
 11  8 structure constructed prior to May 31, 1995.
 11  9    (2)  A qualified confinement feeding operation that
 11 10 stores manure on a dry matter basis.
 11 11    Sec. 18.  Section 455B.163, subsections 1 and 2,
 11 12 Code 2001, are amended to read as follows:
 11 13    1.  a.  An animal A confinement feeding operation
 11 14 structure as constructed or expanded prior to January
 11 15 1, 1999, complies with the distance requirements
 11 16 applying to that structure as provided in section
 11 17 455B.162, subsections 1 and 3.
 11 18    b.  An animal A confinement feeding operation
 11 19 structure as constructed or expanded on or after
 11 20 January 1, 1999, but prior to March 1, 2003, complies
 11 21 with the distance requirements applying to that
 11 22 structure as provided in section 455B.162, subsections
 11 23 2 and 3.
 11 24    c.  A confinement feeding operation structure as
 11 25 constructed or expanded on or after March 1, 2003,
 11 26 complies with the distance requirements applying to
 11 27 that structure as provided in section 455B.162,
 11 28 subsections 3A and 3B.
 11 29    2.  All of the following apply to the expansion of
 11 30 the animal confinement feeding operation:
 11 31    a.  No portion of the animal confinement feeding
 11 32 operation after expansion is closer than before
 11 33 expansion to a location or object for which separation
 11 34 is required under section 455B.162.
 11 35    b.  The For a confinement feeding operation that
 11 36 includes a confinement feeding operation structure
 11 37 constructed prior to March 1, 2003, the animal weight
 11 38 capacity of the animal confinement feeding operation
 11 39 as expanded is not more than the lesser of the
 11 40 following:
 11 41    (1)  Double its animal weight capacity on the
 11 42 following dates:
 11 43    (a)  May 31, 1995, for an animal a confinement
 11 44 feeding operation that includes a confinement feeding
 11 45 operation structure constructed prior to January 1,
 11 46 1999, or on.
 11 47    (b)  January 1, 1999, for an animal a confinement
 11 48 feeding operation that only includes a confinement
 11 49 feeding operation structure constructed on or after
 11 50 January 1, 1999, but does include a confinement
 12  1 feeding operation structure constructed prior to March
 12  2 31, 2003.
 12  3    (2)  Either of the following:
 12  4    (a)  Six hundred twenty-five thousand pounds animal
 12  5 weight capacity for animals other than bovine cattle.
 12  6    (b)  One million six hundred thousand pounds animal
 12  7 weight capacity for bovine cattle.
 12  8    c.  For a confinement feeding operation that does
 12  9 not include a confinement feeding operation structure
 12 10 constructed prior to March 1, 2003, the animal unit
 12 11 capacity of the confinement feeding operation as
 12 12 expanded is not more than the lesser of the following:
 12 13    (1)  Double its animal unit capacity on March 1,
 12 14 2003.
 12 15    (2)  One thousand animal units.
 12 16    Sec. 19.  Section 455B.163, subsection 3,
 12 17 unnumbered paragraph 1, Code 2001, is amended to read
 12 18 as follows:
 12 19    The animal confinement feeding operation was
 12 20 includes a confinement feeding operation structure
 12 21 that is constructed prior to January 1, 1999 March 1,
 12 22 2003, and is expanded by replacing one or more
 12 23 unformed manure storage structures with one or more
 12 24 formed manure storage structures, if all of the
 12 25 following apply:
 12 26    Sec. 20.  Section 455B.163, subsection 3, paragraph
 12 27 a, Code 2001, is amended to read as follows:
 12 28    a.  The animal weight capacity or animal unit
 12 29 capacity, whichever is applicable, is not increased
 12 30 for that portion of the animal confinement feeding
 12 31 operation that utilizes all replacement formed manure
 12 32 storage structures.
 12 33    Sec. 21.  Section 455B.165, subsections 1, 4, and
 12 34 5, Code 2001, are amended by striking the subsections.
 12 35    Sec. 22.  Section 455B.165, subsection 3, paragraph
 12 36 a, Code 2001, is amended to read as follows:
 12 37    a.  An animal A confinement feeding operation
 12 38 structure which is constructed or expanded, if the
 12 39 titleholder of the land benefiting from the distance
 12 40 separation requirement executes a written waiver with
 12 41 the titleholder of the land where the structure is
 12 42 located.  If an animal a confinement feeding operation
 12 43 structure is constructed or expanded within the
 12 44 separation distance required between an animal a
 12 45 confinement feeding operation structure and a public
 12 46 thoroughfare as required pursuant to section 455B.162,
 12 47 the state or a political subdivision constructing or
 12 48 maintaining the public thoroughfare benefiting from
 12 49 the distance separation requirement may execute a
 12 50 written waiver with the titleholder of the land where
 13  1 the structure is located.  The animal confinement
 13  2 feeding operation structure shall be constructed or
 13  3 expanded under such terms and conditions that the
 13  4 parties negotiate.
 13  5    Sec. 23.  NEW SECTION.  455B.166  DEPARTMENT OF
 13  6 NATURAL RESOURCES – DEVELOPMENT OF COMPREHENSIVE
 13  7 PLANS AND PROGRAMS FOR AIR QUALITY.
 13  8    1.  As used in this section, unless the context
 13  9 otherwise requires:
 13 10    a.  "Airborne pollutant" means hydrogen sulfide,
 13 11 ammonia, or odor.
 13 12    b.  "Separated location" means a location or object
 13 13 from which a separation distance is required under
 13 14 section 455B.162, other than a public thoroughfare.
 13 15    2.  The department shall conduct a comprehensive
 13 16 field study to monitor the level of airborne
 13 17 pollutants emitted from animal feeding operations in
 13 18 this state, including but not limited to each type of
 13 19 confinement feeding operation structure.
 13 20    3.  a.  After the completion of the field study,
 13 21 the department may develop comprehensive plans and
 13 22 programs for the abatement, control, and prevention of
 13 23 airborne pollutants originating from animal feeding
 13 24 operations in accordance with this section.  The
 13 25 comprehensive plans and programs may be developed if
 13 26 the baseline data from the field study demonstrates to
 13 27 a reasonable degree of scientific certainty that
 13 28 airborne pollutants emitted by a confinement feeding
 13 29 operation are present at a separated location at
 13 30 levels commonly known to cause a material and
 13 31 verifiable adverse health effect.  The department may
 13 32 adopt any comprehensive plans or programs in
 13 33 accordance with chapter 17A prior to implementation or
 13 34 enforcement of an air quality standard but in no event
 13 35 shall the plans and programs provide for the
 13 36 enforcement of an air quality standard or emission
 13 37 limitation prior to December 1, 2004.
 13 38    b.  Any air quality standard established by the
 13 39 department for animal feeding operations under the
 13 40 comprehensive plans and programs shall be based on
 13 41 distances measured from a confinement feeding
 13 42 operation structure to a separated location.  In
 13 43 providing for the enforcement of the standards, the
 13 44 department shall take all initial measurements at the
 13 45 separated location.  If the department determines that
 13 46 a violation of the standards exists, the department
 13 47 may conduct an investigation to trace the source of
 13 48 the airborne pollutant, including by taking
 13 49 measurements at the property line of the separated
 13 50 location.  This section does not prohibit the
 14  1 department from entering the premises of an animal
 14  2 feeding operation in compliance with section 455B.103.
 14  3 The department shall comply with standard biosecurity
 14  4 requirements customarily required by the animal
 14  5 feeding operation which are necessary in order to
 14  6 control the spread of disease among an animal
 14  7 population.
 14  8    c.  The department shall establish recommended best
 14  9 management practices, mechanisms, processes, or
 14 10 infrastructure under the comprehensive plans and
 14 11 programs in order to reduce the airborne pollutants
 14 12 emitted from an animal feeding operation.
 14 13    d.  The department shall provide a procedure for
 14 14 the approval and monitoring of alternative or
 14 15 experimental practices, mechanisms, processes, or
 14 16 infrastructure to reduce the airborne pollutants
 14 17 emitted from an animal feeding operation, which may be
 14 18 incorporated as part of the comprehensive plans and
 14 19 programs developed under this section.
 14 20    Sec. 24.  NEW SECTION.  455B.167  CIVIL PENALTY.
 14 21    A person who violates this part shall be subject to
 14 22 a civil penalty which shall be established, assessed,
 14 23 and collected in the same manner as provided in
 14 24 section 455B.109.  Any civil penalty collected shall
 14 25 be deposited in the animal agriculture compliance fund
 14 26 created in section 455B.127.
 14 27    Sec. 25.  Section 455B.171, subsections 2, 3, 4, 5,
 14 28 6, 8, 20, 43, and 47, Code 2001, are amended by
 14 29 striking the subsections.
 14 30    Sec. 26.  Section 455B.191, subsection 8, Code
 14 31 2001, is amended to read as follows:
 14 32    8.  Moneys assessed and collected in civil
 14 33 penalties and interest earned on civil penalties,
 14 34 arising out of a violation involving an animal feeding
 14 35 operation, shall be deposited in the manure storage
 14 36 indemnity animal agriculture compliance fund as
 14 37 created in section 455J.2 455B.127.  
 14 38                        SUBPART B
 14 39                ANIMAL FEEDING OPERATIONS
 14 40    Sec. 27.  Section 455B.200, Code 2001, is amended
 14 41 to read as follows:
 14 42    455B.200  GENERAL.
 14 43    1.  The commission shall establish by rule adopted
 14 44 pursuant to chapter 17A, requirements relating to the
 14 45 construction, including expansion, or operation of
 14 46 animal feeding operations, including related animal
 14 47 feeding operation structures.  The requirements shall
 14 48 include but are not limited to minimum manure control,
 14 49 the issuance of permits, and departmental
 14 50 investigations, inspections, and testing.
 15  1    2.  Any provision referring generally to compliance
 15  2 with the requirements of this chapter as applied to
 15  3 animal feeding operations also includes compliance
 15  4 with requirements in rules adopted by the commission
 15  5 pursuant to this section, orders issued by the
 15  6 department as authorized under this chapter, and the
 15  7 terms and conditions applicable to permits or manure
 15  8 management plans required under this subpart.
 15  9 However, for purposes of approving or disapproving an
 15 10 application for a construction permit as provided in
 15 11 section 455B.200E, conditions for the approval of an
 15 12 application based on results produced by a master
 15 13 matrix are not requirements of this chapter until the
 15 14 department approves or disapproves an application
 15 15 based on those results.
 15 16    3.  The department and the attorney general shall
 15 17 enforce the provisions of this chapter in the same
 15 18 manner as provided in division I, unless otherwise
 15 19 provided in this section.
 15 20    Sec. 28.  Section 455B.200A, subsections 1 through
 15 21 4, Code 2001, are amended to read as follows:
 15 22    1.  The department shall issue approve or
 15 23 disapprove applications for permits for the
 15 24 construction, including the expansion, of animal
 15 25 feeding operation structures, including structures
 15 26 which are part of confinement feeding operations
 15 27 operation structures, as provided by rules adopted
 15 28 pursuant to section 455B.200 in this chapter.  The A
 15 29 person shall not begin construction of a confinement
 15 30 feeding operation structure requiring a permit under
 15 31 this section, unless the department shall issue a
 15 32 first approves the person's application and issues to
 15 33 the person a construction permit to an animal feeding
 15 34 operation if an application is submitted according to
 15 35 procedures required by the department and.  The
 15 36 department shall provide conditions for requiring when
 15 37 a person must obtain a construction permit.
 15 38    a.  Except as provided in paragraph "b", a person
 15 39 must obtain a permit to construct any of the
 15 40 following:
 15 41    (1)  A confinement feeding operation structure if
 15 42 after construction its confinement feeding operation
 15 43 would have an animal unit capacity of at least one
 15 44 thousand animal units.
 15 45    (2)  The confinement feeding operation structure is
 15 46 an unformed manure storage structure.
 15 47    b.  A person is not required to obtain a permit to
 15 48 construct a confinement feeding operation structure,
 15 49 if any of the following apply:
 15 50    (1)  The confinement feeding operation structure,
 16  1 if constructed, would be part of a small animal
 16  2 feeding operation.
 16  3    (2)  The confinement feeding operation structure is
 16  4 part of a confinement feeding operation which is owned
 16  5 by a research college conducting research activities
 16  6 as provided in section 455B.206.
 16  7    2.  The department shall issue a construction
 16  8 permit upon approval of an application.  The
 16  9 department shall approve the application meets
 16 10 standards established by the department, if the
 16 11 application is submitted to the county board of
 16 12 supervisors in the county where the proposed
 16 13 confinement feeding operation is to be located as
 16 14 required pursuant to section 455B.200E, and the
 16 15 application meets the requirements of this chapter.
 16 16 If a county submits an approved recommendation
 16 17 pursuant to a construction evaluation resolution filed
 16 18 with the department, the application must also achieve
 16 19 a satisfactory rating produced by the master matrix
 16 20 used by the board or department under section
 16 21 455B.200E.  The department shall approve the
 16 22 application regardless of whether the animal feeding
 16 23 operation applicant is required to obtain such to be
 16 24 issued a construction permit.  The department shall
 16 25 not require that a person obtain a permit for the
 16 26 construction of an animal feeding operation structure
 16 27 if the structure is part of a small animal feeding
 16 28 operation.  For purposes of this section, an animal
 16 29 feeding operation structure includes a manure storage
 16 30 structure.
 16 31    2. 3.  The department shall not issue approve an
 16 32 application for a construction permit for the
 16 33 construction of an animal feeding operation structure
 16 34 which is part of a confinement feeding operation
 16 35 unless the person applicant submits all of the
 16 36 following:
 16 37    a.  An indemnity fee as provided in section 455J.3
 16 38 which that the department shall deposit into the
 16 39 manure storage indemnity fund created in section
 16 40 455J.2.
 16 41    b.  A manure management plan as provided in section
 16 42 455B.203 and manure management plan filing fee as
 16 43 provided in section 455B.203C.
 16 44    c.  A construction permit application fee as
 16 45 provided in section 455B.203C.
 16 46    3A.  The applicant may submit a master matrix as
 16 47 completed by the applicant.
 16 48    3. 4.  a.  A confinement feeding operation meets
 16 49 threshold requirements under this paragraph if the
 16 50 confinement feeding operation after construction of a
 17  1 proposed confinement feeding operation would have a
 17  2 minimum animal unit capacity of the following:
 17  3    (1)  Three thousand animal units for animals other
 17  4 than swine maintained as part of a swine farrowing and
 17  5 gestating operation or farrow-to-finish operation or
 17  6 cattle maintained as part of a cattle operation.
 17  7    (2)  One thousand two hundred fifty animal units
 17  8 for swine maintained as part of a swine farrowing and
 17  9 gestating operation.
 17 10    (3)  Two thousand seven hundred fifty animal units
 17 11 for swine maintained as part of a farrow-to-finish
 17 12 operation.
 17 13    (4)  Four thousand animal units for cattle
 17 14 maintained as part of a cattle operation.
 17 15    b.  The department shall not issue approve an
 17 16 application for a construction permit for the
 17 17 construction of unless the following apply:
 17 18    (1)  If the application is for a permit to
 17 19 construct an unformed manure storage structure, the
 17 20 application must include a statement approved by a
 17 21 professional engineer certifying that the construction
 17 22 of the unformed manure storage structure complies with
 17 23 the construction design standards required in this
 17 24 subpart.
 17 25    (2)  If the application is for a permit to
 17 26 construct three or more animal confinement feeding
 17 27 operation structures unless the applicant files, the
 17 28 application must include a statement approved by a
 17 29 professional engineer registered pursuant to chapter
 17 30 542B certifying providing that the construction of the
 17 31 animal confinement feeding operation structures will
 17 32 not impede the drainage through established drainage
 17 33 tile lines which cross property boundary lines unless
 17 34 measures are taken to reestablish the drainage prior
 17 35 to completion of construction.  For a confinement
 17 36 feeding operation that meets threshold requirements,
 17 37 the statement must be approved by a professional
 17 38 engineer.  Otherwise, if the application is for a
 17 39 permit to construct a formed manure storage structure,
 17 40 the statement must be part of the construction design
 17 41 statement as provided in section 455B.200C.
 17 42    (3)  If the application is for a permit to
 17 43 construct a formed manure storage structure, other
 17 44 than for a confinement feeding operation meeting
 17 45 threshold requirements, the applicant must include a
 17 46 construction design statement as provided in section
 17 47 455B.200C.  An application for a permit to construct a
 17 48 formed manure storage structure as part of a
 17 49 confinement feeding operation that meets threshold
 17 50 requirements must include a statement approved by a
 18  1 professional engineer certifying that the construction
 18  2 of the formed manure storage structure complies with
 18  3 the requirements of this subpart.
 18  4    (4)  The department may only require that an
 18  5 application for a permit to construct a formed manure
 18  6 storage structure or egg washwater storage structure
 18  7 that is part of a confinement feeding operation
 18  8 meeting threshold requirements include an engineering
 18  9 report, construction plans, or specifications prepared
 18 10 by a licensed professional engineer or the natural
 18 11 resources conservation service of the United States
 18 12 department of agriculture.
 18 13    4. 5.  Prior As a condition to issuing a permit to
 18 14 a person approving an application for the construction
 18 15 of an animal feeding operation a construction permit,
 18 16 the department may require any of the following:
 18 17    a.  The installation of a related pollution control
 18 18 device or practice, including but not limited to the
 18 19 installation and operation of a hydrological water
 18 20 pollution monitoring system for an exclusively earthen
 18 21 unformed manure storage structure according to rules
 18 22 which shall be adopted by the department.
 18 23    b.  The department's approval of the installation
 18 24 of any proposed system to permanently lower the
 18 25 groundwater table at a site as part of the
 18 26 construction of an unformed manure storage structure,
 18 27 as is necessary to ensure that the unformed manure
 18 28 storage structure does not pollute groundwater
 18 29 sources, including providing for standards as provided
 18 30 in section 455B.205.
 18 31    Sec. 29.  Section 455B.200A, subsections 5 through
 18 32 8, Code 2001, are amended by striking the subsections.
 18 33    Sec. 30.  Section 455B.200B, unnumbered paragraph
 18 34 1, Code 2001, is amended to read as follows:
 18 35    For purposes of this part subpart, all of the
 18 36 following shall apply:
 18 37    Sec. 31.  Section 455B.200B, subsection 1, Code
 18 38 2001, is amended by striking the subsection and
 18 39 inserting in lieu thereof the following:
 18 40    1.  Two or more animal feeding operations under
 18 41 common ownership or management are deemed to be a
 18 42 single animal feeding operation if they are adjacent
 18 43 or utilize a common area or system for manure
 18 44 disposal.  In addition, for purposes of determining
 18 45 whether two or more confinement feeding operations are
 18 46 adjacent, all of the following must apply:
 18 47    a.  At least one confinement feeding operation
 18 48 structure must be constructed on and after May 21,
 18 49 1998.
 18 50    b.  A confinement feeding operation structure which
 19  1 is part of one confinement feeding operation is
 19  2 separated by less than a minimum required distance
 19  3 from a confinement feeding operation structure which
 19  4 is part of the other confinement feeding operation.
 19  5 The minimum required distance shall be as follows:
 19  6    (1)  One thousand two hundred fifty feet for
 19  7 confinement feeding operations having a combined
 19  8 animal unit capacity of less than one thousand animal
 19  9 units.
 19 10    (2)  Two thousand five hundred feet for confinement
 19 11 feeding operations having a combined animal unit
 19 12 capacity of one thousand animal units or more.
 19 13    Sec. 32.  Section 455B.200B, Code 2001, is amended
 19 14 by adding the following new subsections:
 19 15    NEW SUBSECTION.  3.  In calculating the animal unit
 19 16 capacity of a confinement feeding operation, the
 19 17 animal unit capacity shall include the animal unit
 19 18 capacity of all confinement feeding operation
 19 19 buildings which are part of the confinement feeding
 19 20 operation, unless a confinement feeding operation
 19 21 building has been abandoned as provided in section
 19 22 455B.161A.
 19 23    NEW SUBSECTION.  4.  All distances between
 19 24 locations or objects provided in this subpart shall be
 19 25 measured in feet from their closest points.
 19 26    NEW SUBSECTION.  5.  a.  The department shall
 19 27 designate by rule each one hundred year floodplain in
 19 28 this state according to the location of the one
 19 29 hundred year floodplain.  A person shall not be
 19 30 prohibited from constructing a confinement feeding
 19 31 operation on a one hundred year floodplain unless the
 19 32 one hundred year floodplain is designated by rule in
 19 33 accordance with this subsection.
 19 34    b.  (1)  Until the effective date of rules adopted
 19 35 by the department to designate the location of each
 19 36 one hundred year floodplain in this state, a person
 19 37 shall not construct a confinement feeding operation
 19 38 structure on land that contains a soil type classified
 19 39 as alluvial unless the one of the following applies:
 19 40    (a)  If the person does not apply for a
 19 41 construction permit as provided in section 455B.200A,
 19 42 the person must petition the department for a
 19 43 declaratory order pursuant to section 17A.9 to
 19 44 determine whether the location of the proposed
 19 45 confinement feeding operation structure is located on
 19 46 a one hundred year floodplain.  The department shall
 19 47 issue a declaratory order in response to the petition,
 19 48 notwithstanding any other provision provided in
 19 49 section 17A.9 to the contrary, within thirty days from
 19 50 the date that the petition is filed with the
 20  1 department.
 20  2    (b)  If the person does apply for a construction
 20  3 permit as provided in section 455B.200A, the person
 20  4 must identify that the land contains a soil type
 20  5 classified as alluvial.  The department shall
 20  6 determine whether the land is located on a one hundred
 20  7 year floodplain.
 20  8    (2)  The department shall provide in its
 20  9 declaratory order or its approval or disapproval of a
 20 10 construction permit application a determination
 20 11 regarding whether the confinement feeding operation is
 20 12 to be located on a one hundred year floodplain,
 20 13 whether the confinement feeding operation may be
 20 14 constructed at the location, and any conditions for
 20 15 the construction.
 20 16    (3)  This paragraph "b" is repealed on the
 20 17 effective date that rules are adopted by the
 20 18 department pursuant to paragraph "a".  The department
 20 19 shall provide a caption on the adopted rule as
 20 20 published in the Iowa administrative bulletin as
 20 21 provided in section 17A.4, stating that this paragraph
 20 22 is repealed as provided in this subparagraph
 20 23 subdivision.  The director of the department shall
 20 24 deliver a copy of the adopted rule to the Iowa Code
 20 25 editor.
 20 26    NEW SUBSECTION.  6.  As used in this subpart,
 20 27 unless the context otherwise requires:
 20 28    a.  "Critical public area" means land as designated
 20 29 by the department pursuant to rules adopted pursuant
 20 30 to chapter 17A, if all of the following apply:
 20 31    (1)  The land is part of a public park, preserve,
 20 32 or recreation area that is owned or managed by the
 20 33 federal government; by the department, including under
 20 34 chapter 461A or 465C; or by a political subdivision.
 20 35    (2)  The land has a unique scenic, cultural,
 20 36 archaeological, scientific, or historic significance
 20 37 or contains a rare or valuable ecological system.
 20 38    b.  "Designated wetland" means land designated as a
 20 39 protected wetland by the United States department of
 20 40 the interior or the department of natural resources,
 20 41 including but not limited to a protected wetland as
 20 42 defined in section 456B.1, if the land is owned and
 20 43 managed by the federal government or the department of
 20 44 natural resources.  However, a designated wetland does
 20 45 not include land where an agricultural drainage well
 20 46 has been plugged causing a temporary wetland or land
 20 47 within a drainage district or levee district.
 20 48    c.  "Document" means any form required to be
 20 49 processed by the department under this subpart
 20 50 regulating animal feeding operations, including but
 21  1 not limited to applications or related materials for
 21  2 permits as provided in section 455B.200A, manure
 21  3 management plans as provided in section 455B.203,
 21  4 comment or evaluation by a county board of supervisors
 21  5 considering an application for a construction permit,
 21  6 the department's analysis of the application including
 21  7 using and responding to a master matrix pursuant to
 21  8 section 455B.200E, and notices required under those
 21  9 sections.
 21 10    d.  "High-quality water resource" means that part
 21 11 of a water source or wetland that the department has
 21 12 designated as any of the following:
 21 13    (1)  A high-quality water (Class "HQ") or a high-
 21 14 quality resource water (Class "HQR") according to 567
 21 15 IAC ch. 61, in effect on January 1, 2001.
 21 16    (2)  A protected water area system, according to a
 21 17 state plan adopted by the department in effect on
 21 18 January 1, 2001.
 21 19    e.  "Karst terrain" means land having karst
 21 20 formations that exhibit surface and subterranean
 21 21 features of a type produced by the dissolution of
 21 22 limestone, dolomite, or other soluble rock and
 21 23 characterized by closed depressions, sinkholes, or
 21 24 caves.
 21 25    f.  "Major water source" means a water source that
 21 26 is a lake, reservoir, river, or stream located within
 21 27 the territorial limits of the state, or any marginal
 21 28 river area adjacent to the state, if the water source
 21 29 is capable of supporting a floating vessel capable of
 21 30 carrying one or more persons during a total of a six-
 21 31 month period in one out of ten years, excluding
 21 32 periods of flooding which has been identified by rules
 21 33 adopted by the commission.
 21 34    g.  "One hundred year floodplain" means the land
 21 35 adjacent to a major water source, if there is at least
 21 36 a one percent chance that the land will be inundated
 21 37 in any one year, according to calculations adopted by
 21 38 rules adopted pursuant to section 455B.200.  In making
 21 39 the calculations, the department shall consider
 21 40 available maps or data compiled by the federal
 21 41 emergency management agency.
 21 42    h.  "Professional engineer" means a person engaged
 21 43 in the practice of engineering as defined in section
 21 44 542B.2 who is issued a certificate of licensure as a
 21 45 professional engineer pursuant to section 542B.17.
 21 46    i.  "Water of the state" means the same as defined
 21 47 in section 455B.171.
 21 48    j.  "Water source" means a lake, river, reservoir,
 21 49 creek, stream, ditch, or other body of water or
 21 50 channel having definite banks and a bed with water
 22  1 flow, except lakes or ponds without outlet to which
 22  2 only one landowner is riparian.
 22  3    Sec. 33.  NEW SECTION.  455B.200C  CONSTRUCTION
 22  4 DESIGN STATEMENT – FORMED MANURE STORAGE STRUCTURES.
 22  5    1.  a.  Except as provided in paragraph "b", a
 22  6 person shall not construct a formed manure storage
 22  7 structure, unless the person submits a construction
 22  8 design statement for filing with the department.
 22  9    b.  The following persons are not required to
 22 10 submit a construction design statement with the
 22 11 department:
 22 12    (1)  A person who constructs a formed manure
 22 13 storage structure as part of a small animal feeding
 22 14 operation.
 22 15    (2)  A person who submits a statement approved by a
 22 16 professional engineer certifying that the construction
 22 17 of the formed manure storage structure complies with
 22 18 the construction design standards required in this
 22 19 subpart, including a person required to submit such a
 22 20 statement as part of an application for a construction
 22 21 permit pursuant to section 455B.200A.
 22 22    2.  The construction design statement must include
 22 23 all of the following:
 22 24    a.  A summary description of the type of formed
 22 25 manure storage structure proposed to be constructed,
 22 26 including whether such formed manure storage structure
 22 27 is to be constructed of concrete.
 22 28    b.  (1)  If the formed manure storage structure is
 22 29 to be constructed of concrete, a statement by the
 22 30 person responsible for constructing the formed manure
 22 31 storage structure certifying that such person will
 22 32 construct the formed manure storage structure in
 22 33 accordance with the construction design standards
 22 34 required in this subpart.
 22 35    (2)  If the formed manure storage structure is not
 22 36 to be constructed of concrete, a statement by the
 22 37 person responsible for constructing the formed manure
 22 38 storage structure certifying that such person will
 22 39 construct the formed manure storage structure in
 22 40 accordance with the construction design standards
 22 41 required in this subpart.
 22 42    c.  If a construction permit is required pursuant
 22 43 to section 455B.200A for the construction of three or
 22 44 more confinement feeding operation structures that
 22 45 include a formed manure storage structure, the
 22 46 contractor must provide that the construction of the
 22 47 formed manure storage structure will not impede
 22 48 drainage through established drainage tile lines which
 22 49 cross property boundary lines unless measures are
 22 50 taken to reestablish the drainage prior to completion
 23  1 of construction.
 23  2    d.  A manure management plan as required in section
 23  3 455B.203 which may be submitted as part of an
 23  4 application for a construction permit as provided in
 23  5 section 455B.200A.
 23  6    3.  Unless the construction design statement is
 23  7 part of a construction permit application as provided
 23  8 in section 455B.200A, the department shall file the
 23  9 construction design statement.  Otherwise, the
 23 10 department shall approve or disapprove the
 23 11 construction design statement as part of the
 23 12 construction permit application.  The construction
 23 13 design statement shall be considered filed on the date
 23 14 that it is first received by the department.  The
 23 15 department may request information from the person
 23 16 submitting the construction design statement if the
 23 17 department determines that it is incorrect or
 23 18 incomplete.  Within thirty days after filing the
 23 19 construction design statement, the department shall
 23 20 notify the person that the construction design
 23 21 statement is filed and request any additional
 23 22 information.
 23 23    Sec. 34.  NEW SECTION.  455B.200D  DOCUMENT
 23 24 PROCESSING REQUIREMENTS.
 23 25    1.  The department shall adopt and promulgate forms
 23 26 required to be completed in order to comply with this
 23 27 subpart including forms for documents that the
 23 28 department shall make available on the internet.
 23 29    2.  a.  The department shall provide for procedures
 23 30 for the receipt, filing, processing, and return of
 23 31 documents in an electronic format, including but not
 23 32 limited to the transmission of documents by the
 23 33 internet.  The department shall provide for
 23 34 authentication of the documents that may include
 23 35 electronic signatures as provided in chapter 554D.
 23 36    b.  The department shall to every extent feasible
 23 37 provide for the processing of permits and manure
 23 38 management plans required under this subpart using
 23 39 electronic systems, including programming, necessary
 23 40 to ensure the completeness and accuracy of the
 23 41 documents in accordance with the requirements of this
 23 42 subpart.
 23 43    Sec. 35.  NEW SECTION.  455B.200E  CONSTRUCTION
 23 44 PERMIT APPLICATION PROCEDURE – COMMENTS – MASTER
 23 45 MATRIX.
 23 46    1.  a.  The department shall deliver a copy or
 23 47 require the applicant to deliver a copy of the
 23 48 application for a permit to construct, including
 23 49 expanding, a confinement feeding operation structure
 23 50 pursuant to section 455B.200A, including supporting
 24  1 documents, to the county board of supervisors in the
 24  2 county where the confinement feeding operation
 24  3 structure subject to the permit is proposed to be
 24  4 constructed.
 24  5    b.  The county auditor or other county officer
 24  6 designated by the county board of supervisors may
 24  7 accept the application on behalf of the board.  If the
 24  8 department requires the applicant to deliver a copy of
 24  9 the application to the county board of supervisors,
 24 10 the board shall notify the department that the board
 24 11 has received the application according to procedures
 24 12 required by the department.
 24 13    2.  Regardless of whether the county board of
 24 14 supervisors has adopted a construction evaluation
 24 15 resolution, the county may provide comment to the
 24 16 department on a construction permit application for a
 24 17 confinement feeding operation structure.
 24 18    a.  The board shall provide for comment as follows:
 24 19    (1)  The board shall publish a notice that the
 24 20 board has received the application in a newspaper
 24 21 having a general circulation in the county.
 24 22    (2)  The notice shall include all of the following:
 24 23    (a)  The name of the person applying to receive the
 24 24 construction permit.
 24 25    (b)  The name of the township where the confinement
 24 26 feeding operation structure is to be constructed.
 24 27    (c)  Each type of confinement feeding operation
 24 28 structure proposed to be constructed.
 24 29    (d)  The animal unit capacity of the confinement
 24 30 feeding operation if the construction permit were to
 24 31 be approved.
 24 32    (e)  The time when and the place where the
 24 33 application may be examined as provided in section
 24 34 22.2.
 24 35    (f)  Procedures for providing public comments to
 24 36 the board as provided by the board.
 24 37    b.  The board may hold a public hearing to receive
 24 38 public comments regarding the application.  The county
 24 39 board of supervisors may submit comments by the board
 24 40 and the public to the department as provided in this
 24 41 section, including but not limited to all of the
 24 42 following:
 24 43    (1)  The existence of an object or location not
 24 44 included in the application that benefits from a
 24 45 separation distance requirement as provided in section
 24 46 455B.162 or 455B.204.
 24 47    (2)  The suitability of soils and the hydrology of
 24 48 the site where construction of a confinement feeding
 24 49 operation structure is proposed.
 24 50    (3)  The availability of land for the application
 25  1 of manure originating from the confinement feeding
 25  2 operation.
 25  3    (4)  Whether the construction of a proposed
 25  4 confinement feeding operation structure will impede
 25  5 drainage through established tile lines, laterals, or
 25  6 other improvements which are constructed to facilitate
 25  7 the drainage of land not owned by the person applying
 25  8 for the construction permit.
 25  9    3.  A county board of supervisors may adopt a
 25 10 construction evaluation resolution relating to the
 25 11 construction of a confinement feeding operation
 25 12 structure.  The board must submit such resolution to
 25 13 the department for filing.  If the board has submitted
 25 14 such resolution to the department, the board may
 25 15 evaluate the construction permit application and
 25 16 submit an adopted recommendation to the department to
 25 17 approve or disapprove a construction application
 25 18 permit as provided in this subsection.  The board must
 25 19 make its decision to recommend approval or disapproval
 25 20 of the permit application as provided in this
 25 21 subsection.
 25 22    a.  For the expansion of a confinement feeding
 25 23 operation that includes a confinement feeding
 25 24 operation structure constructed prior to April 1,
 25 25 2002, the board shall not evaluate a construction
 25 26 permit application for the construction or expansion
 25 27 of a confinement feeding operation structure if after
 25 28 the expansion of the confinement feeding operation,
 25 29 its animal unit capacity is one thousand six hundred
 25 30 sixty-six animal units or less.
 25 31    b.  The board must conduct an evaluation of the
 25 32 application using the master matrix as provided in
 25 33 section 455B.200F.  The board's recommendation may be
 25 34 based on the master matrix as provided or may be based
 25 35 on comments under this section regardless of the
 25 36 results of the master matrix.
 25 37    c.  In completing the master matrix, the board
 25 38 shall not score criteria on a selective basis.  The
 25 39 board must score all criteria which is part of the
 25 40 master matrix according to the terms and conditions
 25 41 relating to construction as specified in the
 25 42 application or commitments for manure management that
 25 43 are to be incorporated into a manure management plan
 25 44 as provided in section 455B.203.
 25 45    d.  The board's adopted recommendation to the
 25 46 department shall include the specific reasons and any
 25 47 supporting documentation for the decision to recommend
 25 48 approval or disapproval of the application.
 25 49    4.  The department must receive the county board of
 25 50 supervisor's comments or evaluation for approval or
 26  1 disapproval of an application for a construction
 26  2 permit not later than thirty days following the
 26  3 applicant's delivery of the application to the
 26  4 department.  Regardless of whether the department
 26  5 receives comments or an evaluation by a county board
 26  6 of supervisors, the department must approve or
 26  7 disapprove an application for a construction permit
 26  8 within sixty days following the applicant's delivery
 26  9 of the application to the department.  However, the
 26 10 applicant may deliver a notice requesting a
 26 11 continuance.  Upon receipt of a notice, the time
 26 12 required for the county or department to act upon the
 26 13 application shall be suspended for the period provided
 26 14 in the notice, but for not more than thirty days after
 26 15 the department's receipt of the notice.  The applicant
 26 16 may submit more than one notice.  However, the
 26 17 department may provide that an application is
 26 18 terminated if no action is required by the department
 26 19 for one year following delivery of the application to
 26 20 the board.  The department may also provide for a
 26 21 continuance when it considers the application.  The
 26 22 department shall provide notice to the applicant and
 26 23 the board of the continuance.  The time required for
 26 24 the department to act upon the application shall be
 26 25 suspended for the period provided in the notice, but
 26 26 for not more than thirty days.  However, the
 26 27 department shall not provide for more than one
 26 28 continuance.
 26 29    5.  a.  The department shall approve an application
 26 30 for a construction permit if the board of supervisors
 26 31 which has filed a county construction evaluation
 26 32 resolution submits an adopted recommendation to
 26 33 approve the construction permit application which may
 26 34 be based on a satisfactory rating produced by the
 26 35 master matrix to the department and the department
 26 36 determines that the application meets the requirements
 26 37 of this chapter.  The department shall disapprove an
 26 38 application that does not satisfy the requirements of
 26 39 this chapter regardless of the adopted recommendation
 26 40 of the board.  The department shall consider any
 26 41 timely filed comments made by the board as provided in
 26 42 this section to determine if an application meets the
 26 43 requirements of this chapter.
 26 44    b.  If the board submits to the department an
 26 45 adopted recommendation to disapprove an application
 26 46 for a construction permit that is based on a rating
 26 47 produced by the master matrix, the department shall
 26 48 first determine if the application meets the
 26 49 requirements of this chapter as provided in section
 26 50 455B.200.  The department shall disapprove an
 27  1 application that does not satisfy the requirements of
 27  2 this chapter regardless of any result produced by
 27  3 using the master matrix.  If the application meets the
 27  4 requirements of this chapter, the department shall
 27  5 conduct an independent evaluation of the application
 27  6 using the master matrix.  The department shall approve
 27  7 the application if it achieves a satisfactory rating
 27  8 according to the department's evaluation.  The
 27  9 department shall disapprove the application if it
 27 10 produces an unsatisfactory rating regardless of
 27 11 whether the application satisfies the requirements of
 27 12 this chapter.  The department shall consider any
 27 13 timely filed comments made by the board as provided in
 27 14 this section to determine if an application meets the
 27 15 requirements of this chapter.
 27 16    c.  If the county board of supervisors does not
 27 17 submit a construction evaluation resolution to the
 27 18 department, fails to submit an adopted recommendation,
 27 19 submits only comments, or fails to submit comments,
 27 20 the department shall approve the application if the
 27 21 application meets the requirements of this chapter as
 27 22 provided in section 455B.200.
 27 23    6.  The department may conduct an inspection of the
 27 24 site on which the construction is proposed after
 27 25 providing at a minimum twenty-four hours notice or
 27 26 upon receiving consent from the construction permit
 27 27 applicant.  The county board of supervisors that has
 27 28 adopted a construction evaluation resolution may
 27 29 designate a county employee to accompany a
 27 30 departmental official during the site inspection.  The
 27 31 county employee shall have the same right to access to
 27 32 the site's real estate as the departmental official
 27 33 conducting the inspection during the period that the
 27 34 county employee accompanies the departmental official.
 27 35 The departmental official and the county employee
 27 36 shall comply with standard biosecurity requirements
 27 37 customarily required by the confinement feeding
 27 38 operation that are necessary in order to control the
 27 39 spread of disease among an animal population.
 27 40    7.  Upon written request by a county resident, the
 27 41 county board of supervisors shall forward to the
 27 42 county resident a copy of the board's adopted
 27 43 recommendation, any county comments to the department
 27 44 on the permit application, and the department's
 27 45 responses, as provided in chapter 22.
 27 46    8.  a.  The department shall deliver a notice to
 27 47 the applicant within three days of the department's
 27 48 decision to approve or disapprove an application for a
 27 49 construction permit.  If the board of supervisors has
 27 50 submitted an adopted recommendation to the department
 28  1 for the approval or disapproval of a construction
 28  2 permit application as provided in this section, the
 28  3 department shall notify the board of the department's
 28  4 decision to approve or disapprove the application at
 28  5 the same time.
 28  6    b.  (1)  The applicant may contest the department's
 28  7 decision by requesting a hearing and may elect to have
 28  8 the hearing conducted before an administrative law
 28  9 judge pursuant to chapter 17A or before the
 28 10 commission.  If the applicant and a board of
 28 11 supervisors are both contesting the department's
 28 12 decision, the applicant may request that the
 28 13 commission conduct the hearing on a consolidated
 28 14 basis.  The commission shall hear the case according
 28 15 to procedures established by rules adopted by the
 28 16 department.  The commission may hear the case as a
 28 17 contested case proceeding under chapter 17A.  The
 28 18 department, upon petition by the applicant, shall
 28 19 deliver to the administrative law judge or the
 28 20 commission a copy of the board of supervisors'
 28 21 recommendation together with the results produced by
 28 22 its master matrix and any supporting data or documents
 28 23 submitted with the results, comments submitted by the
 28 24 board to the department, and the department's
 28 25 evaluation of the application including the results
 28 26 produced by its matrix and any supporting data or
 28 27 documents.  If the commission hears the case, its
 28 28 decision shall be the department's final agency
 28 29 action.  The commission shall render a decision within
 28 30 thirty-five days from the date that the applicant or
 28 31 board files a demand for a hearing.
 28 32    (2)  A county board of supervisors that has
 28 33 submitted an adopted recommendation to the department
 28 34 may contest the department's decision by requesting a
 28 35 hearing before the commission.  The commission shall
 28 36 hear the case according to procedures established by
 28 37 rules adopted by the department.  The commission may
 28 38 hear the case as a contested case proceeding under
 28 39 chapter 17A.  The board may request that the
 28 40 department submit a copy of the department's
 28 41 evaluation of the application including the results
 28 42 produced by its matrix and any supporting data or
 28 43 documents.  The decision by the commission shall be
 28 44 the department's final agency action.  The commission
 28 45 shall render a decision within thirty-five days from
 28 46 the date that the board initiates the proceeding.
 28 47    c.  Judicial review of the decision of either the
 28 48 department or the commission may be sought in
 28 49 accordance with the terms of chapter 17A.
 28 50    9.  An applicant for a construction permit may
 29  1 withdraw the permit application from consideration by
 29  2 the department at any time by filing a written request
 29  3 with the department.  The filing of the request shall
 29  4 not prejudice the right of the applicant to resubmit
 29  5 the application.
 29  6    Sec. 36.  NEW SECTION.  455B.200F  MASTER MATRIX.
 29  7    1.  The department shall adopt rules for the
 29  8 development and use of a master matrix.  The purpose
 29  9 of the master matrix is to provide a comprehensive
 29 10 assessment mechanism in order to produce a
 29 11 statistically verifiable basis for determining whether
 29 12 to approve or disapprove an application for the
 29 13 construction, including expansion, of a confinement
 29 14 feeding operation structure requiring a permit
 29 15 pursuant to section 455B.200A.
 29 16    a.  The master matrix shall be used to establish
 29 17 conditions for the construction of a confinement
 29 18 feeding operation structure and for the implementation
 29 19 of manure management practices, which conditions shall
 29 20 be included in the approval of the construction permit
 29 21 or the original manure management plan as applicable.
 29 22 The master matrix shall be used to determine all of
 29 23 the following:
 29 24    (1)  The appropriate location to construct a
 29 25 confinement feeding operation structure, including the
 29 26 proximity and orientation of a proposed confinement
 29 27 feeding operation structure to objects or locations
 29 28 for which separation distances are required pursuant
 29 29 to sections 455B.162 and 455B.204.
 29 30    (2)  The appropriate type of a confinement feeding
 29 31 operation structure required to be constructed,
 29 32 including the type and size of the manure storage
 29 33 structure, or the installation of a related pollution-
 29 34 control device.
 29 35    b.  The master matrix shall be designed to produce
 29 36 quantifiable results based on the scoring of objective
 29 37 criteria according to an established value scale.
 29 38 Each criterion shall be assigned points corresponding
 29 39 to the value scale.  The master matrix shall consider
 29 40 risks and factors mitigating risks if the confinement
 29 41 feeding operation structure were constructed according
 29 42 to the application.
 29 43    c.  The master matrix may be a computer model.
 29 44 However, the master matrix must be a practical tool
 29 45 for use by persons when completing applications and by
 29 46 persons when scoring applications.  To every extent
 29 47 feasible, the master matrix shall include criteria
 29 48 presented in the form of questions that may be readily
 29 49 scored according to ascertainable data and upon which
 29 50 reasonable persons familiar with the location of a
 30  1 proposed construction site would not ordinarily
 30  2 disagree.
 30  3    2.  The master matrix shall include criteria
 30  4 valuing environmental and community impacts, for use
 30  5 by county boards of supervisors and the department.
 30  6 The master matrix shall include definite point
 30  7 selections for all criteria provided in the master
 30  8 matrix.  The master matrix shall provide only for
 30  9 scoring of positive points and shall not provide for
 30 10 deduction of points.  The master matrix shall provide
 30 11 for a minimum threshold score required to receive a
 30 12 satisfactory rating.  The master matrix shall be
 30 13 structured to ensure that it feasibly provides for a
 30 14 satisfactory rating.  Criteria valuing environmental
 30 15 impacts shall account for animal agriculture's
 30 16 relationship to quality of the environment and the
 30 17 conservation of natural resources, and may include
 30 18 factors that refer to all of the following:
 30 19    (a)  Topography.
 30 20    (b)  Surface water drainage characteristics.
 30 21    (c)  The suitability of the soils and the hydrology
 30 22 or hydrogeology of the site.
 30 23    (d)  The proximity to public use areas and critical
 30 24 public areas.
 30 25    (e)  The proximity to water sources, including
 30 26 high-quality water resources.
 30 27    Sec. 37.  Section 455B.201, Code 2001, is amended
 30 28 by adding the following new subsection:
 30 29    NEW SUBSECTION.  2A.  The department may require
 30 30 that the owner of a confinement feeding operation
 30 31 install and operate a water pollution monitoring
 30 32 system as part of an unformed manure storage
 30 33 structure.
 30 34    Sec. 38.  Section 455B.203, subsections 1 and 2,
 30 35 Code 2001, are amended to read as follows:
 30 36    1.  The following persons shall submit a manure
 30 37 management plan, including an original manure
 30 38 management plan and an updated manure management plan,
 30 39 as required in this section to the department:
 30 40    a.  The owner of a confinement feeding operation,
 30 41 other than a small animal feeding operation, if the
 30 42 animal any of the following apply:
 30 43    (1)  The confinement feeding operation was
 30 44 constructed after May 31, 1985, regardless of whether
 30 45 the confinement feeding operation structure was
 30 46 required to be constructed pursuant to a construction
 30 47 permit approved by rules adopted by the department.
 30 48    b. (2)  The owner of a confinement feeding
 30 49 operation, if the confinement feeding operation is
 30 50 required to be constructed pursuant to a permit issued
 31  1 by the department The owner constructs a manure
 31  2 storage structure, regardless of whether the person is
 31  3 required to be issued a permit for the construction
 31  4 pursuant to section 455B.200A or whether the person
 31  5 has submitted a prior manure management plan.
 31  6    c. b.  A person who applies manure from a
 31  7 confinement feeding operation, other than a small
 31  8 animal feeding operation, which is located in another
 31  9 state, if the manure is applied on land located in
 31 10 this state.
 31 11    1A.  Not more than one confinement feeding
 31 12 operation shall be covered by a single manure
 31 13 management plan.
 31 14    1B.  The owner of a confinement feeding operation
 31 15 who is required to submit a manure management plan
 31 16 under this section shall submit an updated manure
 31 17 management plan to the department on an annual basis.
 31 18 The department shall provide for a date that each
 31 19 updated manure management plan is required to be
 31 20 submitted to the department.  The department may
 31 21 provide for staggering the dates on which updated
 31 22 manure management plans are due.  To satisfy the
 31 23 requirements of an updated manure management plan, an
 31 24 owner of a confinement feeding operation may, in lieu
 31 25 of a submitting a complete plan, file a document
 31 26 stating that the manure management plan has not
 31 27 changed, or state all of the changes made since the
 31 28 original manure management plan or a previous updated
 31 29 manure management plan was submitted and approved.
 31 30    1C.  The department shall deliver a copy of the
 31 31 manure management plan or require the person
 31 32 submitting the manure management plan to deliver a
 31 33 copy of the manure management plan to all of the
 31 34 following:
 31 35    a.  The county board of supervisors in the county
 31 36 where the manure storage structure owned by the person
 31 37 is located.
 31 38    b.  The county board of supervisors in the county
 31 39 where the manure storage structure is proposed to be
 31 40 constructed.  If the person is required to be issued a
 31 41 permit for the construction of the manure storage
 31 42 structure as provided in section 455B.200A, the manure
 31 43 management plan shall accompany the application for
 31 44 the construction permit as provided in section
 31 45 455B.200A.
 31 46    c.  The county board of supervisors in the county
 31 47 where the manure is to be applied.
 31 48    The manure management plan shall be filed with the
 31 49 county board of supervisors.  The county auditor or
 31 50 other county officer may accept the manure management
 32  1 plan on behalf of the board.
 32  2    2.  A person shall not remove manure from a manure
 32  3 storage structure which is part of a confinement
 32  4 feeding operation for which a manure management plan
 32  5 is required under this section, unless the department
 32  6 approves a manure management plan, including an
 32  7 original manure management plan and an updated manure
 32  8 management plan, as required in this section.  The
 32  9 manure management plan shall be submitted by the owner
 32 10 of the confinement feeding operation as provided by
 32 11 the department on forms prescribed by the department
 32 12 in accordance with section 455B.200D.  The owner of a
 32 13 confinement feeding operation required to submit a
 32 14 manure management plan for the construction of a
 32 15 manure storage structure may remove manure from
 32 16 another manure storage structure that is constructed,
 32 17 if the department has approved a manure management
 32 18 plan covering that manure storage structure.  The
 32 19 department may adopt rules allowing a person to remove
 32 20 manure from a manure storage structure until the
 32 21 manure management plan is approved or disapproved by
 32 22 the department according to terms and conditions
 32 23 required by rules adopted by the department.  The
 32 24 department shall approve or disapprove a manure
 32 25 management plan within sixty days of the date that the
 32 26 department receives a completed plan.
 32 27    2A.  The department shall not approve an original
 32 28 manure management plan unless the plan is accompanied
 32 29 by a manure management plan filing fee required
 32 30 pursuant to section 455B.203C.  The department shall
 32 31 not approve an updated manure management plan unless
 32 32 the updated manure management plan is accompanied by
 32 33 an annual compliance fee required pursuant to section
 32 34 455B.203C.
 32 35    2B.  a.  The department shall not issue approve an
 32 36 application for a permit for the construction of to
 32 37 construct a confinement feeding operation or a related
 32 38 animal feeding operation structure unless the
 32 39 applicant owner of the confinement feeding operation
 32 40 applying for approval submits a an original manure
 32 41 management plan together with an the application for
 32 42 the construction permit as provided in section
 32 43 455B.200A.
 32 44    b.  The department shall not file a construction
 32 45 design statement as provided in section 455B.200C,
 32 46 unless the owner of the confinement feeding operation
 32 47 structure submits an original manure management plan
 32 48 together with the construction design statement.  The
 32 49 construction design statement and manure management
 32 50 plan may be submitted as part of a construction permit
 33  1 as provided in section 455B.200A.
 33  2    2C.  A manure management plan must be authenticated
 33  3 by the person required to submit the manure management
 33  4 plan as required by the department in accordance with
 33  5 section 455B.200D.
 33  6    2D.  The department shall approve or disapprove a
 33  7 manure management plan according to procedures
 33  8 established by the department:
 33  9    a.  For an original manure management plan
 33 10 submitted due to the construction of a confinement
 33 11 feeding operation structure, the department shall
 33 12 approve or disapprove the manure management plan as
 33 13 follows:
 33 14    (1)  If the confinement feeding operation structure
 33 15 is constructed pursuant to a construction permit
 33 16 issued pursuant to section 455B.200A, the manure
 33 17 management plan shall be approved or disapproved as
 33 18 part of the construction permit application.
 33 19    (2)  If the confinement feeding operation structure
 33 20 is not constructed pursuant to a construction permit
 33 21 issued pursuant to section 455B.200A, the manure
 33 22 management plan shall be approved or disapproved
 33 23 within sixty days from the date that the department
 33 24 receives the manure management plan.
 33 25    b.  For an original manure management plan
 33 26 submitted for a reason other than the construction of
 33 27 a confinement feeding operation structure, the manure
 33 28 management plan shall be approved within sixty days
 33 29 from the date that the department receives the manure
 33 30 management plan.
 33 31    c.  For an updated manure management plan, the
 33 32 manure management plan shall be approved within thirty
 33 33 days from the date that the department receives the
 33 34 updated manure management plan.
 33 35    Sec. 39.  Section 455B.203, subsection 3, paragraph
 33 36 a, Code 2001, is amended to read as follows:
 33 37    a.  Restrictions on the application of manure based
 33 38 on all of the following:
 33 39    (1)  Calculations necessary to determine the land
 33 40 area required for the application of manure from a
 33 41 confinement feeding operation based on nitrogen use
 33 42 levels in order to obtain optimum crop yields
 33 43 according to a crop schedule specified in the manure
 33 44 management plan, and according to requirements adopted
 33 45 by the department after receiving recommendations from
 33 46 the animal agriculture consulting organization
 33 47 provided for in 1995 Iowa Acts, chapter 195, section
 33 48 37.
 33 49    (2)  (a)  A phosphorus index.  The department shall
 33 50 establish a phosphorus index by rule in order to
 34  1 determine the manner and timing of the application to
 34  2 a land area of manure originating from a confinement
 34  3 feeding operation.  The phosphorus index shall provide
 34  4 for the application of manure on a field basis.  The
 34  5 phosphorus index shall be used to determine
 34  6 application rates, based on the number of pounds of
 34  7 phosphorus that may be applied per acre and
 34  8 application practices.  The phosphorus index shall be
 34  9 based on the field office technical guide for Iowa as
 34 10 published by the United States department of
 34 11 agriculture, natural resources conservation service,
 34 12 which sets forth nutrient management standards.
 34 13    (b)  The department shall develop a state
 34 14 comprehensive nutrient management strategy.  Prior to
 34 15 developing the state comprehensive nutrient management
 34 16 strategy, the department shall complete all of the
 34 17 following:
 34 18    (i)  The development of a comprehensive state
 34 19 nutrient budget for the maximum volume, frequency, and
 34 20 concentration of nutrients for each watershed that
 34 21 addresses all significant sources of nutrients in a
 34 22 water of this state on a watershed basis.
 34 23    (ii)  The assessment of the available nutrient
 34 24 control technologies required to identify and assess
 34 25 their effectiveness.
 34 26    (iii)  The development and adoption of
 34 27 administrative rules pursuant to chapter 17A required
 34 28 to establish a numeric water quality standard for
 34 29 phosphorus.
 34 30    (c)  Regardless of the development of the state
 34 31 comprehensive nutrient management strategy as provided
 34 32 in subparagraph subdivision (b), the department shall
 34 33 adopt rules required to establish a phosphorus index.
 34 34 The department shall cooperate with the United States
 34 35 department of agriculture natural resource
 34 36 conservation service technical committee for Iowa to
 34 37 refine and calibrate the phosphorus index in adopting
 34 38 the rules.  However, in no instance shall the
 34 39 phosphorus index require an application rate that is
 34 40 less than the phosphorus use levels necessary to
 34 41 obtain optimum crop yields according to a crop
 34 42 schedule specified in the manure management plan.
 34 43 Rules adopted by the department pursuant to this
 34 44 subparagraph shall become effective on July 1, 2003.
 34 45    (d)  The department shall conduct a study that
 34 46 considers the effects on waters of this state from
 34 47 phosphorus originating from municipal and industrial
 34 48 sources and from farm and lawn and garden use.  The
 34 49 department shall report the results of its study to
 34 50 the general assembly by January 1, 2004.
 35  1    (e)  A person submitting a manure management plan
 35  2 shall include a phosphorus index as part of the manure
 35  3 management plan as follows:
 35  4    (i)  A person who has submitted an original manure
 35  5 management plan prior to April 1, 2002, shall not be
 35  6 required to submit a manure management plan update
 35  7 which includes a phosphorus index, until on and after
 35  8 the four-year anniversary date that the department's
 35  9 rules adopted to implement the phosphorus index become
 35 10 effective.
 35 11    (ii)  A person required to submit an original
 35 12 manure management plan on and after April 1, 2002, but
 35 13 prior to the date that is sixty days after the
 35 14 department's rules adopted to implement the phosphorus
 35 15 index become effective, shall not be required to
 35 16 submit a manure management plan update that includes a
 35 17 phosphorus index until on and after the two-year
 35 18 anniversary date that the department's rules adopted
 35 19 to implement the phosphorus index become effective.
 35 20    (iii)  A person required to submit an original
 35 21 manure management plan on and after the date that is
 35 22 sixty days after the department's rules adopted to
 35 23 implement the phosphorus index become effective shall
 35 24 include the phosphorus index as part of the original
 35 25 manure management plan and updated manure management
 35 26 plans.
 35 27    Subparagraph subdivisions (b) through (e) and this
 35 28 paragraph are repealed on the date that any person who
 35 29 has submitted an original manure management plan prior
 35 30 to April 1, 2002, is required to submit a manure
 35 31 management plan update which includes a phosphorus
 35 32 index as provided in subparagraph subdivision (c),
 35 33 subparagraph subdivision part (i).  The department
 35 34 shall publish a notice in the Iowa administrative
 35 35 bulletin published immediately prior to that date, and
 35 36 the director of the department shall deliver a copy of
 35 37 the notice to the Iowa Code editor.
 35 38    Sec. 40.  Section 455B.203, subsection 4, Code
 35 39 2001, is amended to read as follows:
 35 40    4.  A person confinement feeding operation
 35 41 classified as a habitual violator or a confinement
 35 42 feeding operation in which a habitual violator owns a
 35 43 controlling interest, as provided in section 455B.191,
 35 44 shall submit a manure management plan to the
 35 45 department on an annual basis, which must be approved
 35 46 by the department for the following year of operation.
 35 47 The manure management plan shall be a replacement
 35 48 original manure management plan rather than a manure
 35 49 management plan update.  However, the habitual
 35 50 violator required to submit a replacement original
 36  1 manure management plan must submit an annual
 36  2 compliance fee in the same manner as if the habitual
 36  3 violator were submitting an updated manure management
 36  4 plan.
 36  5    Sec. 41.  Section 455B.203, subsection 7, Code
 36  6 2001, is amended to read as follows:
 36  7    7.  A person submitting required to authenticate a
 36  8 manure management plan submitted to the department who
 36  9 is found in violation of the terms and conditions of
 36 10 the plan shall not be subject to an enforcement action
 36 11 other than the assessment of a civil penalty pursuant
 36 12 to section 455B.191 455B.207.
 36 13    Sec. 42.  Section 455B.203A, subsection 6,
 36 14 paragraph b, Code 2001, is amended by striking the
 36 15 paragraph.
 36 16    Sec. 43.  NEW SECTION.  455B.203C  COMPLIANCE FEES.
 36 17    1.  The department shall establish, assess, and
 36 18 collect all of the following compliance fees:
 36 19    a.  A construction permit application fee that is
 36 20 required to accompany an application submitted to the
 36 21 department for approval to construct a confinement
 36 22 feeding operation structure as provided in section
 36 23 455B.200A.  The amount of the construction permit
 36 24 application fee shall not exceed two hundred fifty
 36 25 dollars.
 36 26    b.  A manure management plan filing fee that is
 36 27 required to accompany an original manure management
 36 28 plan submitted to the department for approval as
 36 29 provided in section 455B.203.  However, the manure
 36 30 management plan required to be filed as part of an
 36 31 application for a construction permit shall be paid
 36 32 together with the construction permit application fee.
 36 33 The amount of the manure management plan filing fee
 36 34 shall not exceed two hundred fifty dollars.
 36 35    c.  An annual compliance fee that is required to
 36 36 accompany an updated manure management plan submitted
 36 37 to the department for approval as provided in section
 36 38 455B.203.  The amount of the annual compliance fee
 36 39 shall not exceed a rate of fifteen cents per animal
 36 40 unit based on the animal unit capacity of the
 36 41 confinement feeding operation covered by the manure
 36 42 management plan.  If the person filing the manure
 36 43 management plan is a contract producer, as provided in
 36 44 chapter 202, the contractor shall be assessed the
 36 45 annual compliance fee.
 36 46    d.  Fees paid by persons required by the department
 36 47 to be certified as commercial manure applicators or
 36 48 confinement site manure applicators pursuant to
 36 49 section 455B.203A.
 36 50    2.  a.  Except as provided in paragraph "b", fees
 37  1 collected by the department shall be deposited into
 37  2 the animal agriculture compliance fund created in
 37  3 section 455B.127.  Moneys collected from all fees
 37  4 other than the annual compliance fee shall be
 37  5 deposited into the compliance fund's general account.
 37  6 Moneys collected from the annual compliance fee shall
 37  7 be deposited into the compliance fund's assessment
 37  8 account.
 37  9    b.  Receipts that are required to be received by
 37 10 the department from persons required to be certified
 37 11 pursuant to section 455B.203A may be used to
 37 12 compensate a person who teaches continuing
 37 13 instructional courses in lieu of deposit into the
 37 14 compliance fund.
 37 15    3.  At the end of each fiscal year the department
 37 16 shall determine the balance of unencumbered and
 37 17 unobligated moneys in the assessment account of the
 37 18 animal agriculture compliance fund created pursuant to
 37 19 section 455B.127.  If on that date the balance of
 37 20 unencumbered and unobligated moneys in the account is
 37 21 one million dollars or more, the department shall
 37 22 adjust the rate of the annual compliance fee for the
 37 23 following fiscal year.  The adjusted rate for the
 37 24 annual compliance fee shall be based on the
 37 25 department's estimate of the amount required to ensure
 37 26 that at the end of the following fiscal year the
 37 27 balance of unencumbered and unobligated moneys in the
 37 28 assessment account is not one million dollars or more.
 37 29    Sec. 44.  Section 455B.204, subsection 1, Code
 37 30 2001, is amended by striking the subsection.
 37 31    Sec. 45.  Section 455B.204, subsections 2 through
 37 32 4, Code 2001, are amended to read as follows:
 37 33    2.  Except as provided in subsection 3 4, the
 37 34 following shall apply:
 37 35    a.  An animal A confinement feeding operation
 37 36 structure shall not be constructed closer than five
 37 37 hundred feet away from a the surface intake, of an
 37 38 agricultural drainage well.  A confinement feeding
 37 39 operation structure shall not be constructed closer
 37 40 than one thousand feet from a wellhead, or cistern of
 37 41 an agricultural drainage well, or known sinkhole.
 37 42 However, the department may adopt rules requiring an
 37 43 increased separation distance under this paragraph in
 37 44 order to protect the integrity of a water of this
 37 45 state.  The increased separation distance shall not be
 37 46 more than two thousand feet.  If the department
 37 47 exercises its discretion to increase the separation
 37 48 distance requirement, the department shall not approve
 37 49 an application for the construction of a confinement
 37 50 feeding operation structure within that separation
 38  1 distance as provided in section 455B.200A.
 38  2    b.  An animal A confinement feeding operation
 38  3 structure shall not be constructed if the animal
 38  4 confinement feeding operation structure as constructed
 38  5 is closer than any of the following:
 38  6    (1)  Two Five hundred feet away from a watercourse
 38  7 water source other than a major water source.
 38  8    (2)  Five hundred One thousand feet away from a
 38  9 major water source.
 38 10    (3)  Two thousand five hundred feet away from a
 38 11 designated wetland.
 38 12    c.  (1)  A watercourse water source, other than a
 38 13 major water source, shall not be constructed,
 38 14 expanded, or diverted, if the watercourse water source
 38 15 as constructed, expanded, or diverted is closer than
 38 16 two five hundred feet away from an animal a
 38 17 confinement feeding operation structure.
 38 18    d. (2)  A major water source shall not be
 38 19 constructed, expanded, or diverted, if the major water
 38 20 source as constructed, expanded, or diverted is closer
 38 21 than five hundred one thousand feet from an animal
 38 22 feeding a confinement operation structure.
 38 23    (3)  A designated wetland shall not be established,
 38 24 if the designated wetland is closer than two thousand
 38 25 five hundred feet away from a confinement feeding
 38 26 operation structure.
 38 27    3.  A confinement feeding operation structure shall
 38 28 not be constructed on land that is part of a one
 38 29 hundred year floodplain as designated by rules adopted
 38 30 by the department pursuant to section 455B.200B.
 38 31    3. 4.  A separation distance required in subsection
 38 32 2 shall not apply to any of the following:
 38 33    a.  A location or object and a farm pond or
 38 34 privately owned lake, as defined in section 462A.2.
 38 35    b.  A confinement feeding operation building, an
 38 36 egg washwater storage structure, or a manure storage
 38 37 structure constructed with a secondary containment
 38 38 barrier.  The department shall adopt rules providing
 38 39 for the construction and use of a secondary
 38 40 containment barrier, including construction design
 38 41 standards.
 38 42    4.  All distances between locations or objects
 38 43 shall be measured from their closest points, as
 38 44 provided by rules adopted by the department.
 38 45    Sec. 46.  Section 455B.204A, Code 2001, is amended
 38 46 to read as follows:
 38 47    455B.204A  DISPOSAL APPLICATION OF MANURE WITHIN
 38 48 DESIGNATED AREAS – ADOPTION OF RULES.
 38 49    1.  The department shall adopt rules relating to
 38 50 the disposal application of manure in close proximity
 39  1 to a designated area.
 39  2    2.  A Except as otherwise provided in this
 39  3 subsection, a person shall not dispose of apply manure
 39  4 on cropland land located within two hundred feet from
 39  5 a designated area, unless one of the following
 39  6 applies:
 39  7    1. a.  The manure is land applied by injection or
 39  8 incorporation within twenty-four hours following the
 39  9 application on the same date as the manure was land
 39 10 applied.
 39 11    2. b.  An area of permanent vegetation cover,
 39 12 including filter strips and riparian forest buffers,
 39 13 exists for fifty feet surrounding the designated area
 39 14 other than an unplugged agricultural drainage well or
 39 15 surface intake to an unplugged agricultural drainage
 39 16 well, and that the area of permanent vegetation cover
 39 17 is not subject to manure application.
 39 18    c.  The department adopts rules requiring an
 39 19 increased separation distance for the application of
 39 20 manure located in proximity to a high quality water
 39 21 resource in order to protect the integrity of the high
 39 22 quality water resource.  However, the department shall
 39 23 not provide for an increased separation distance
 39 24 requirement that is more than four times the
 39 25 separation distance requirement otherwise applicable
 39 26 under this section.
 39 27    As used in this section, "designated area" means a
 39 28 known sinkhole, or a cistern, abandoned well,
 39 29 unplugged agricultural drainage well, agricultural
 39 30 drainage well surface inlet, drinking water well,
 39 31 designated wetland, or lake, or a farm pond or
 39 32 privately owned lake as defined in section 462A.2
 39 33 water source.  However, a "designated area" does not
 39 34 include a terrace tile inlet.
 39 35    Sec. 47.  Section 455B.205, subsection 1, Code
 39 36 2001, is amended to read as follows:
 39 37    1.  The department shall establish by rule
 39 38 engineering adopt rules requiring construction design
 39 39 standards for the construction of unformed manure
 39 40 storage structures required to be constructed pursuant
 39 41 to a construction permit issued under pursuant to
 39 42 section 455B.200A.
 39 43    Sec. 48.  Section 455B.205, subsection 2,
 39 44 unnumbered paragraph 1, Code 2001, is amended to read
 39 45 as follows:
 39 46    The construction design standards for unformed
 39 47 manure storage structures established by the
 39 48 department shall account for special design
 39 49 characteristics of animal confinement feeding
 39 50 operations, including all of the following:
 40  1    Sec. 49.  Section 455B.205, Code 2001, is amended
 40  2 by adding the following new subsection:
 40  3    NEW SUBSECTION.  2A.  A person shall not construct
 40  4 an unformed manure storage structure on karst terrain
 40  5 or on an area that drains into a known sinkhole.
 40  6    Sec. 50.  NEW SECTION.  455B.205A  CONSTRUCTION
 40  7 DESIGN STANDARDS – FORMED MANURE STORAGE STRUCTURES.
 40  8    The department shall adopt rules establishing
 40  9 construction design standards for formed manure
 40 10 storage structures that are part of confinement
 40 11 feeding operations other than small animal feeding
 40 12 operations.
 40 13    1.  The department may provide for different
 40 14 standards based on criteria developed by the
 40 15 department, which may include any of the following:
 40 16    a.  The animal unit capacity of the manure storage
 40 17 structure's confinement feeding operation or the
 40 18 manure storage structure's manure volume capacity.
 40 19    b.  Whether the manure storage structure stores
 40 20 manure in an exclusively dry form.
 40 21    c.  Whether the manure storage structure is part of
 40 22 a confinement feeding operation building.
 40 23    d.  The use of concrete, including its use for the
 40 24 structure's footings, walls, or floor.
 40 25    2.  The construction design standards shall be
 40 26 based, to every extent possible, on uniform standards
 40 27 such as available standards promulgated by the
 40 28 American society for testing and materials.  The
 40 29 department may require that all or any part of a
 40 30 formed manure storage structure be constructed of
 40 31 concrete.
 40 32    3.  The construction design standards for concrete
 40 33 shall provide for all of the following:
 40 34    a.  The concrete's minimum compressive strength
 40 35 calculated on a pounds-per-square-inch basis.
 40 36    b.  The use of reinforcement, including but not
 40 37 limited to the grade, amount, and location of steel
 40 38 rebar or fiberglass, wire mesh or fabric, or similar
 40 39 materials set in the concrete, or the use of exterior
 40 40 braces to support joints.
 40 41    c.  The depth of footings.
 40 42    d.  The thickness of the footings, the floor and
 40 43 walls.
 40 44    4.  A person shall only construct a formed manure
 40 45 storage structure on karst terrain or an area which
 40 46 drains into a known sinkhole pursuant to upgraded
 40 47 construction design standards necessary to ensure that
 40 48 the structure does not pollute groundwater sources.
 40 49    Sec. 51.  NEW SECTION.  455B.207  CIVIL PENALTY.
 40 50    A person who violates this subpart shall be subject
 41  1 to a civil penalty which shall be established,
 41  2 assessed, and collected in the same manner as provided
 41  3 in section 455B.191.  Any civil penalty collected
 41  4 shall be deposited in the animal agriculture
 41  5 compliance fund created in section 455B.127.
 41  6    Sec. 52.  Section 455I.1, unnumbered paragraph 1,
 41  7 Code 2001, is amended by striking the unnumbered
 41  8 paragraph.
 41  9    Sec. 53.  Section 455J.1, subsections 1 through 5
 41 10 and subsections 7 and 8, Code 2001, are amended by
 41 11 striking the subsections.
 41 12    Sec. 54.  Section 455J.3, subsection 1, unnumbered
 41 13 paragraph 1, Code 2001, is amended to read as follows:
 41 14    If the confinement feeding operation has an animal
 41 15 weight unit capacity of less than six hundred twenty-
 41 16 five thousand pounds one thousand animal units, the
 41 17 following shall apply:
 41 18    Sec. 55.  Section 455J.3, subsection 2, unnumbered
 41 19 paragraph 1, Code 2001, is amended to read as follows:
 41 20    If the confinement feeding operation has an animal
 41 21 weight unit capacity of six hundred twenty-five
 41 22 thousand one thousand or more pounds animal units but
 41 23 less than one million two hundred fifty thousand
 41 24 pounds three thousand animal units, the following
 41 25 shall apply:
 41 26    Sec. 56.  Section 455J.3, subsection 3, unnumbered
 41 27 paragraph 1, Code 2001, is amended to read as follows:
 41 28    If the confinement feeding operation has an animal
 41 29 weight unit capacity of one million two hundred fifty
 41 30 thousand three thousand or more pounds animal units,
 41 31 the following shall apply:
 41 32    Sec. 57.  Section 455J.4, Code 2001, is amended to
 41 33 read as follows:
 41 34    455J.4  MANURE MANAGEMENT PLAN – INDEMNITY FEE
 41 35 REQUIRED.
 41 36    An indemnity fee shall be assessed upon persons
 41 37 required to submit a an original manure management
 41 38 plan as provided in section 455B.203, but not required
 41 39 to obtain a construction permit pursuant to section
 41 40 455B.200A.  A person required to submit a replacement
 41 41 original manure management plan shall not be assessed
 41 42 an indemnity fee.  The amount of the fees fee shall be
 41 43 ten cents per animal unit of capacity for the
 41 44 confinement feeding operations operation covered by
 41 45 the manure management plan.
 41 46    Sec. 58.  NEW SECTION.  481A.151  RESTITUTION FOR
 41 47 POLLUTION CAUSING INJURY TO WILD ANIMALS.
 41 48    1.  A person who is liable for polluting a water of
 41 49 this state in violation of state law, including this
 41 50 chapter, shall also be liable to pay restitution to
 42  1 the department for injury caused to a wild animal by
 42  2 the pollution.  The amount of the restitution shall
 42  3 also include the department's administrative costs for
 42  4 investigating the incident.  The administration of
 42  5 this section shall not result in a duplication of
 42  6 damages collected by the department under section
 42  7 455B.392, subsection 1, paragraph "c".
 42  8    2.  The commission shall adopt rules providing for
 42  9 procedures for investigations and the administrative
 42 10 assessment of restitution amounts.  The rules shall
 42 11 establish an opportunity to appeal a departmental
 42 12 action including by a contested case proceeding under
 42 13 chapter 17A.  A final administrative decision
 42 14 assessing an amount of restitution may be enforced by
 42 15 the attorney general at the request of the director.
 42 16    3.  Rules adopted by the commission shall provide
 42 17 for methods used to determine the extent of an injury
 42 18 and the monetary values for the loss of injured wild
 42 19 animals based on species.
 42 20    a.  The rules shall provide for methods used to
 42 21 count dead fish and to calculate restitution values.
 42 22 The rules may incorporate methods and values published
 42 23 by the American fisheries society.  To every extent
 42 24 practicable, the values shall be based on the
 42 25 estimates of lost recreational angler opportunities
 42 26 where applicable.  As an alternative method of
 42 27 valuation, the rules may provide that for fish species
 42 28 that are protected by catch limits, possession limits,
 42 29 size limits, or closed seasons applicable to anglers,
 42 30 liquidated damages apply.  The amount of the
 42 31 liquidated damages shall not exceed fifteen dollars
 42 32 per fish.  For fish species that are classified by the
 42 33 commission as endangered or threatened, the rules may
 42 34 establish liquidated damages not to exceed one
 42 35 thousand dollars per fish.
 42 36    b.  The rules shall provide guidelines for
 42 37 estimating the extent of loss of a species that is
 42 38 affected by a pollution incident but which would not
 42 39 be practical to count in sample areas.  The rules may
 42 40 establish liquidated damage amounts for species whose
 42 41 replacement cost is difficult to determine.
 42 42    4.  Moneys collected by the department in
 42 43 restitution shall be deposited into the state fish and
 42 44 game protection fund.  The moneys shall be used
 42 45 exclusively to support restoration or improvement of
 42 46 fisheries, including but not limited to aquatic
 42 47 habitat improvement projects as provided in rules
 42 48 adopted by the commission.  However, moneys collected
 42 49 from restitution paid for investigative costs shall be
 42 50 used as determined by the director.
 43  1    Sec. 59.  FORMED MANURE STORAGE STRUCTURES –
 43  2 CONSTRUCTION DESIGN STANDARDS.  Until the effective
 43  3 date of rules adopted by the department providing
 43  4 construction design standards for formed manure
 43  5 storage structures as provided in section 455B.205A,
 43  6 as enacted in this Act, the department's rules
 43  7 providing construction design standards used in the
 43  8 construction of formed manure storage structures shall
 43  9 apply to formed manure storage structures as provided
 43 10 in section 455B.205A, regardless of whether a formed
 43 11 manure storage structure must be constructed pursuant
 43 12 to a permit issued under section 455B.200A, as amended
 43 13 by this Act.  However, this section does not apply to
 43 14 a manure storage structure that stores manure
 43 15 exclusively on a dry-matter basis.
 43 16    Sec. 60.  INTERIM APPROVAL OF CONSTRUCTION PERMITS
 43 17 FOR CONFINEMENT FEEDING OPERATION STRUCTURES – COUNTY
 43 18 PARTICIPATION AND RIGHTS OF APPLICANTS AND COUNTY
 43 19 BOARDS OF SUPERVISORS.  This section applies to an
 43 20 applicant for a construction permit pursuant to
 43 21 section 455B.200A, as amended by this Act, and to a
 43 22 county board of supervisors that submits comments
 43 23 regarding a permit for the construction of a
 43 24 confinement feeding operation structure pursuant to
 43 25 section 455B.200A, as amended by this Act.
 43 26 Notwithstanding section 455B.200E, as enacted in this
 43 27 Act, all of the following shall apply:
 43 28    1.  The department shall not approve the
 43 29 application until thirty days following delivery of
 43 30 the application to the county board of supervisors.
 43 31    2.  The department shall consider and respond to
 43 32 comments submitted by the county board of supervisors
 43 33 regarding compliance by the applicant with the legal
 43 34 requirements for approving the construction permit in
 43 35 the same manner as provided pursuant to section
 43 36 455B.200A, Code of Iowa 2001.
 43 37    3.  The department shall notify the county board of
 43 38 supervisors prior to conducting an inspection of the
 43 39 site on which the construction is proposed in the
 43 40 permit application, and the county may accompany a
 43 41 departmental official during the site inspection, in
 43 42 the same manner as provided in section 455B.200A, Code
 43 43 of Iowa 2001.
 43 44    4.  Upon written request by a county resident, the
 43 45 county board of supervisors shall forward a copy of
 43 46 the board's comments and the department's responses to
 43 47 the county resident as provided in chapter 22.
 43 48    5.  The department shall notify the applicant and
 43 49 county board of supervisors of the county in which a
 43 50 confinement feeding operation structure subject to a
 44  1 construction permit is proposed to be constructed.
 44  2 The notice shall state the department's decision to
 44  3 approve or disapprove an application for the
 44  4 construction permit which shall be delivered to the
 44  5 applicant and board in the same manner as provided for
 44  6 counties in section 455B.200A, Code of Iowa 2001.  The
 44  7 applicant may contest the department's decision by
 44  8 filing a demand for a hearing before an administrative
 44  9 law judge or the environmental protection commission.
 44 10 The board may contest the department's decision by
 44 11 filing a demand for a hearing before the commission.
 44 12 The applicant shall contest the decision and the
 44 13 commission shall conduct the proceeding and render a
 44 14 decision in the same manner as provided in section
 44 15 455B.200E, as enacted by this Act.
 44 16    Sec. 61.  ESTABLISHMENT OF A MASTER MATRIX –
 44 17 TECHNICAL ADVISORY COMMITTEE.
 44 18    1.  The department of natural resources shall adopt
 44 19 rules establishing a master matrix as required
 44 20 pursuant to section 455B.200F according to
 44 21 recommendations made to the department by a technical
 44 22 advisory committee established pursuant to this
 44 23 section.  The technical advisory committee shall be
 44 24 composed of all of the following:
 44 25    a.  A designee of the secretary of agriculture.
 44 26    b.  A designee of the director of the department of
 44 27 natural resources.
 44 28    c.  A designee of the president of the university
 44 29 of Iowa.
 44 30    d.  A designee of the president of Iowa state
 44 31 university.
 44 32    e.  A representative of the Iowa environmental
 44 33 council.
 44 34    f.  A representative of the Iowa state association
 44 35 of counties.
 44 36    g.  A representative of the Iowa farm bureau
 44 37 federation.
 44 38    h.  A representative of the Iowa's farmers union.
 44 39    i.  Two representatives of organizations
 44 40 representing livestock producers who shall be jointly
 44 41 designated to the department of natural resources by
 44 42 the Iowa pork producers association, the Iowa
 44 43 cattlemens' association, the Iowa dairy products
 44 44 association, the Iowa poultry association, and the
 44 45 Iowa turkey federation.
 44 46    The department of natural resources shall provide
 44 47 administrative support to the committee.  The attorney
 44 48 general shall appoint an assistant attorney general to
 44 49 provide the committee with legal counsel and
 44 50 assistance.
 45  1    2.  In establishing the scoring system for the
 45  2 master matrix, only positive points shall be used.
 45  3 The master matrix shall be designed as a menu of items
 45  4 with positive points assigned to each item within the
 45  5 selection list.   The matrix shall not include any
 45  6 deduction of points.
 45  7    3.  The department shall adopt rules pursuant to
 45  8 chapter 17A in order to carry out the requirements of
 45  9 this section.  Based on the committee's
 45 10 recommendations to establish a master matrix, the
 45 11 department shall provide a draft of a notice of
 45 12 intended action to the environmental protection
 45 13 commission not later than during its September 2002
 45 14 meeting.  The department's notice of intended action
 45 15 shall not be published later than in the November 27,
 45 16 2002, issue of the Iowa administrative bulletin.  The
 45 17 notice of intended action required under this section
 45 18 shall include a statement of the terms or substance of
 45 19 the intended action in the manner provided for in
 45 20 section 17A.4.  The rules shall take effect on March
 45 21 1, 2003.
 45 22    Sec. 62.  DEPARTMENT OF NATURAL RESOURCES –
 45 23 APPROVAL OF APPLICATIONS FOR CONSTRUCTION PERMITS –
 45 24 USING INTERIM MATRIX.
 45 25    1.  Notwithstanding sections 455B.200A and
 45 26 455B.200F, the department shall approve or disapprove
 45 27 an application for a permit to construct a confinement
 45 28 feeding operation structure pursuant to section
 45 29 455B.200A, if an application is submitted according to
 45 30 procedures required by the department, the application
 45 31 meets standards established under chapter 455B, as
 45 32 amended by this Act, and the application complies with
 45 33 the requirements of this section.  This section does
 45 34 not apply to the expansion of a confinement feeding
 45 35 operation that includes a confinement feeding
 45 36 operation structure constructed prior to April 1,
 45 37 2002, due to the construction or expansion of a
 45 38 confinement feeding operation structure if after the
 45 39 expansion of the confinement feeding operation, its
 45 40 animal unit capacity is one thousand six hundred
 45 41 sixty-six animal units or less.
 45 42    2.  This section applies on and after the date that
 45 43 the department publishes a notice in the Iowa
 45 44 administrative bulletin commencing its evaluation of
 45 45 applications under this section.
 45 46    3.  The department shall approve or disapprove an
 45 47 application based on an interim matrix.  The interim
 45 48 matrix shall be used to award points as provided in
 45 49 this subsection.  In order to be issued a construction
 45 50 permit, a person must achieve one hundred points.  The
 46  1 points shall be awarded as follows:
 46  2    a.  The following criteria shall apply to
 46  3 separation distances.  The separation distances
 46  4 provided in this paragraph shall apply in addition to
 46  5 separation distances required for confinement feeding
 46  6 operation structures or for the application of manure
 46  7 originating from confinement feeding operations as
 46  8 provided in chapter 455B, divisions II and III, as
 46  9 provided in the 2001 Code of Iowa, unless otherwise
 46 10 provided in this paragraph "a".
 46 11    (1)  The following criteria shall apply to require
 46 12 additional separation distances between a proposed
 46 13 confinement feeding operation structure and a
 46 14 residence not owned by the owner of the confinement
 46 15 feeding operation, a commercial enterprise, a bona
 46 16 fide religious institution, or an educational
 46 17 institution as provided in section 455B.162:
 46 18    (a)  Two hundred fifty or more feet but less than
 46 19 five hundred feet:  five points.
 46 20    (b)  Five hundred or more feet but less than seven
 46 21 hundred fifty feet:  ten points.
 46 22    (c)  Seven hundred fifty or more feet but less than
 46 23 one thousand feet:  fifteen points.
 46 24    (d)  One thousand or more feet but less than one
 46 25 thousand two hundred fifty feet:  twenty points.
 46 26    (e)  One thousand two hundred fifty or more feet:
 46 27 twenty-five points.
 46 28    (2)  The following criteria shall apply to require
 46 29 additional separation distances between a proposed
 46 30 confinement feeding operation structure and a public
 46 31 use area as provided in section 455B.162 or a primary
 46 32 highway as defined in section 306C.10:
 46 33    (a)  Two hundred fifty or more feet but less than
 46 34 five hundred feet:  five points.
 46 35    (b)  Five hundred or more feet but less than seven
 46 36 hundred fifty feet:  ten points.
 46 37    (c)  Seven hundred fifty or more feet but less than
 46 38 one thousand feet:  fifteen points.
 46 39    (d)  One thousand or more feet but less than one
 46 40 thousand two hundred fifty feet:  twenty points.
 46 41    (e)  One thousand two hundred fifty or more feet:
 46 42 twenty-five points.
 46 43    (3)  The following criteria shall apply to require
 46 44 additional separation distances between a proposed
 46 45 confinement feeding operation structure and a major
 46 46 water source as provided in section 455B.204 or a
 46 47 high-quality water resource as defined in section
 46 48 455B.200B, as enacted in this Act:
 46 49    (a)  Two hundred fifty or more feet but less than
 46 50 five hundred feet:  five points.
 47  1    (b)  Five hundred or more feet but less than seven
 47  2 hundred fifty feet:  ten points.
 47  3    (c)  Seven hundred fifty or more feet but less than
 47  4 one thousand feet:  fifteen points.
 47  5    (d)  One thousand or more feet but less than one
 47  6 thousand two hundred fifty feet:  twenty points.
 47  7    (e)  One thousand two hundred fifty or more feet:
 47  8 twenty-five points.
 47  9    (4)  The following criteria shall apply to require
 47 10 additional separation distances between a proposed
 47 11 confinement feeding operation structure and a critical
 47 12 public area as defined in section 455B.200B,
 47 13 subsection 6, as enacted by this Act:
 47 14    (a)  One thousand or more feet but less than one
 47 15 thousand two hundred fifty feet:  twenty points.
 47 16    (b)  One thousand two hundred fifty or more feet:
 47 17 twenty-five points.
 47 18    (5)  The following criteria shall apply to require
 47 19 an additional separation distance of five hundred or
 47 20 more feet between a proposed confinement feeding
 47 21 operation structure and a watercourse, other than a
 47 22 major water source, as provided in section 455B.204:
 47 23 five points.
 47 24    (6)  The following criteria shall apply to require
 47 25 additional separation distances between the
 47 26 application of manure originating from a confinement
 47 27 feeding operation and a residence not owned by the
 47 28 owner of the confinement feeding operation, or a
 47 29 commercial enterprise, bona fide religious
 47 30 institution, or an educational institution as provided
 47 31 in section 455B.162:
 47 32    (a)  Two hundred fifty or more feet but less than
 47 33 five hundred feet:  five points.
 47 34    (b)  Five hundred or more feet but less than seven
 47 35 hundred fifty feet:  ten points.
 47 36    (c)  Seven hundred fifty or more feet but less than
 47 37 one thousand feet:  fifteen points.
 47 38    (d)  One thousand or more feet but less than one
 47 39 thousand two hundred fifty feet:  twenty points.
 47 40    (e)  One thousand two hundred fifty or more feet:
 47 41 twenty-five points.
 47 42    An applicant who incorporates manure by injection
 47 43 shall be entitled to the following:  fifteen points.
 47 44    (7)  The following criteria shall apply to require
 47 45 an additional separation distance between the
 47 46 application of manure originating from a confinement
 47 47 feeding operation and a public use area as provided in
 47 48 section 455B.162 or a primary highway as defined in
 47 49 section 306C.10:
 47 50    (a)  Two hundred fifty or more feet but less than
 48  1 five hundred feet:  five points.
 48  2    (b)  Five hundred or more feet but less than seven
 48  3 hundred fifty feet:  ten points.
 48  4    (c)  Seven hundred fifty or more feet but less than
 48  5 one thousand feet:  fifteen points.
 48  6    (d)  One thousand or more feet but less than one
 48  7 thousand two hundred fifty feet:  twenty points.
 48  8    (e)  One thousand two hundred fifty or more feet:
 48  9 twenty-five points.
 48 10    (8)  The following criteria shall apply to require
 48 11 additional separation distances between the
 48 12 application of manure originating from a confinement
 48 13 feeding operation and a critical public area as
 48 14 defined in section 455B.200B, subsection 6, as enacted
 48 15 in this Act:
 48 16    (a)  One thousand or more feet but less than one
 48 17 thousand two hundred fifty feet:  twenty points.
 48 18    (b)  One thousand two hundred fifty or more feet:
 48 19 twenty-five points.
 48 20    An applicant who incorporates manure by injection
 48 21 shall be entitled to the following:  fifteen points.
 48 22    (9)  The following criteria shall apply to require
 48 23 additional separation distances between the
 48 24 application of manure originating from a confinement
 48 25 feeding operation and a major water source:
 48 26    (a)  One thousand or more feet but less than one
 48 27 thousand two hundred fifty feet:  twenty points.
 48 28    (b)  One thousand two hundred fifty or more feet:
 48 29 twenty-five points.
 48 30    (10)  The following criteria shall apply to require
 48 31 additional separation distances between the
 48 32 application of manure originating from a confinement
 48 33 feeding operation and a high-quality water resource as
 48 34 defined in section 455B.200B, as enacted in this Act:
 48 35    (a)  Five hundred or more feet but less than seven
 48 36 hundred fifty feet:  ten points.
 48 37    (b)  Seven hundred fifty or more feet but less than
 48 38 one thousand feet:  fifteen points.
 48 39    (c)  One thousand or more feet but less than one
 48 40 thousand two hundred fifty feet:  twenty points.
 48 41    (d)  One thousand two hundred fifty or more feet:
 48 42 twenty-five points.
 48 43    (11)  The following criteria shall apply to require
 48 44 additional separation distances required for the
 48 45 application of manure originating from a confinement
 48 46 feeding operation and a watercourse other than a major
 48 47 water source as provided in section 455B.204:  five
 48 48 points.
 48 49    b.  The following points shall be awarded if a
 48 50 confinement feeding operation is located on land owned
 49  1 or operated by the same family for three or more
 49  2 years:  fifteen points.
 49  3    c.  The following points shall be awarded if the
 49  4 owner of the confinement feeding operation owns the
 49  5 animals maintained by the confinement feeding
 49  6 operation and provides substant structure:  ten
 49  7 points.
 49  8    d.  The following criteria shall apply to a
 49  9 confinement feeding operation located on land owned by
 49 10 one of the following persons:
 49 11    (1)  A person who resides on the land:  five
 49 12 points.
 49 13    (2)  A person who closest resides to the proposed
 49 14 confinement feeding operation structure:  ten points.
 49 15    (3)  A person who performs the majority of the
 49 16 physical work which significantly contributes to the
 49 17 operation:  ten points.
 49 18    (4)  A person who is involved in making substantial
 49 19 improvements to the confinement feeding operation, if
 49 20 the improvements do not provide for expansion by more
 49 21 than one hundred fifty percent of the animal unit
 49 22 capacity of the confinement feeding operation:  ten
 49 23 points.
 49 24    (5)  A person who qualifies as a beginning farmer
 49 25 as defined in section 175.2:  fifteen points.
 49 26    e.  The following criteria shall apply to an owner
 49 27 of a confinement feeding operation who provides for
 49 28 the following manure management practices:
 49 29    (1)  The incorporation of manure within twenty-four
 49 30 hours:  five points.
 49 31    (2)  The use of a cover over a manure storage
 49 32 structure or a natural crust or oil sprinkling:  five
 49 33 points.
 49 34    (3)  Participation in the United States department
 49 35 of agriculture natural resource and conservation
 49 36 program referred to as the "filter strip program at 33
 49 37 feet":  ten points.
 49 38    (4)  The installation of a filter designed to
 49 39 reduce odors from exhaust fans:  ten points.
 49 40    (5)  The utilization of feed or feed additives
 49 41 containing high phytase corn:  ten points.
 49 42    (6)  The utilization of a biofilter or impermeable
 49 43 cover:  ten points.
 49 44    (7)  The utilization of a methane digester
 49 45 (recovery) system for energy or an anaerobic digester:
 49 46 twenty-five points.
 49 47    (8)  The utilization of landscaping or other
 49 48 similar controls approved by the department:  ten
 49 49 points.
 49 50    (9)  The establishment or expansion of a filter
 50  1 strip from thirty-three feet or more up to one hundred
 50  2 twenty feet:  fifteen points.
 50  3    (10)  The construction of a secondary containment
 50  4 structure:  fifteen points.
 50  5    (11)  The construction of a manure storage
 50  6 structure beneath a confinement feeding operation
 50  7 structure building:  ten points.
 50  8    (12)  Participation in the United States department
 50  9 of agriculture natural resource and conservation
 50 10 service program referred to as the "contour buffer
 50 11 strip program":  twenty-five points.
 50 12    Sec. 63.  1995 Iowa Acts, chapter 195, section 37,
 50 13 as amended by 1998 Iowa Acts, chapter 1209, section
 50 14 40, is repealed.
 50 15    Sec. 64.  INTERIM APPROVAL OF APPLICATIONS FOR
 50 16 CONSTRUCTION PERMITS – REPEAL.  The section of this
 50 17 Act providing for the interim approval of applications
 50 18 for construction permits by the department of natural
 50 19 resources is repealed March 1, 2003.
 50 20    Sec. 65.  INTERIM COUNTY PARTICIPATION REPEAL.  The
 50 21 section of this Act providing for interim county
 50 22 participation in the approval of construction permits
 50 23 for confinement feeding operation structures is
 50 24 repealed March 1, 2003, and the rights of applicants'
 50 25 boards of supervisors to contest departmental
 50 26 decisions.  However, the provisions of the section
 50 27 shall continue to apply to applications received by a
 50 28 county board of supervisors prior to March 1, 2002.  
 50 29                       DIVISION II 
 50 30               DIRECTIONS TO CODE EDITOR,
 50 31              CHANGE THE NAME OF TERMS AND
 50 32                  TRANSFER TO NEW TITLE 
 50 33    Sec. 66.  CHANGE OF NAME OF TERMS.
 50 34    1.  The Code editor is directed to change the term
 50 35 "animal feeding operation structure" or "an animal
 50 36 feeding operation structure" to "confinement feeding
 50 37 operation structure" or "a confinement feeding
 50 38 operation structure" wherever the term appears in
 50 39 section 455B.161A, subsection 2, Code 2001; section
 50 40 455B.162, subsection 3, Code 2001; section 455B.163,
 50 41 subsection 3, paragraph "d", Code 2001; section
 50 42 455B.165, subsection 3, paragraph "b", and subsections
 50 43 6 and 8, Code 2001; section 455B.200B, subsection 2,
 50 44 Code 2001; and section 455B.202, subsection 2,
 50 45 paragraphs "c" and "d", Code 2001.
 50 46    2.  The Code editor is directed to change the term
 50 47 "animal feeding operation structures" to "confinement
 50 48 feeding operation structures" wherever the term
 50 49 appears in section 455B.161A, subsection 2, paragraph
 50 50 "c", Code 2001; section 455B.200B, subsection 2, Code
 51  1 2001; and section 455B.162, unnumbered paragraph 1,
 51  2 Code 2001.
 51  3    3.  The Code editor is directed to change the term
 51  4 "animal feeding operation" or "an animal feeding
 51  5 operation" to "confinement feeding operation" or "a
 51  6 confinement feeding operation" wherever it appears in
 51  7 section 455B.163, unnumbered paragraph 1, Code 2001;
 51  8 section 455B.163, subsection 3, paragraph "c", Code
 51  9 2001; section 455B.165, subsection 6, Code 2001; and
 51 10 section 455B.205, subsection 3, paragraph "b", Code
 51 11 2001.
 51 12    4.  The Code editor is directed to change the
 51 13 phrase "confinement feeding operation structure or
 51 14 anaerobic lagoon which is part of a confinement
 51 15 feeding operation" to "confinement feeding operation
 51 16 structure" wherever the phrase appears in section
 51 17 455B.191, subsection 7, Code 2001.
 51 18    5.  The Code editor is directed to change the
 51 19 phrase "an animal feeding operation structure which is
 51 20 part of a confinement feeding operation" to "a
 51 21 confinement feeding operation structure" wherever the
 51 22 phrase appears in section 455B.202, subsection 2, Code
 51 23 2001.
 51 24    6.  The Code editor is directed to change the term
 51 25 "bovine" to "cattle" wherever the term appears in Code
 51 26 section 455B.162, Code 2001.
 51 27    Sec. 67.  DIRECTIONS TO THE CODE EDITOR.
 51 28    1.  The Code editor is directed to transfer and
 51 29 consolidate provisions concerning animal agriculture
 51 30 into new chapter 456D, consistent with this section
 51 31 and the authority of the Code editor pursuant to
 51 32 chapter 2B.  As part of this transfer and
 51 33 consolidation, the Code editor shall divide the
 51 34 chapters into subchapters as follows:
 51 35    a.  Subchapter 1 shall include a new section
 51 36 stating the following:  This chapter shall be known
 51 37 and may be cited as the "Animal Agriculture Compliance
 51 38 Act".  Section 455B.161, as amended by this Act, shall
 51 39 be transferred to subchapter 1.  Section 455B.171,
 51 40 subsections 7, 33, and 44, shall be transferred and
 51 41 consolidated into section 455B.161 as transferred to
 51 42 subchapter 1.  Section 455J.1, subsections 4, 6, and
 51 43 9, shall be transferred and consolidated into section
 51 44 455B.161 as transferred to subchapter 1.  Section
 51 45 455B.200B, subsection 6, as enacted by this Act, shall
 51 46 be consolidated into section 455B.161 as transferred
 51 47 to subchapter 1.  Section 455B.200, as amended by this
 51 48 Act, shall also be transferred to subchapter 1.
 51 49    b.  Chapter 455B, division II, part 2, including
 51 50 sections amended or enacted by this Act, with the
 52  1 exception of section 455B.164, shall be transferred to
 52  2 new chapter 456D, as subchapter 2.
 52  3    c.  Chapter 455B, division III, part 1, subpart A,
 52  4 as enacted in this Act, with the exception of section
 52  5 455B.200, as amended by this Act, and section
 52  6 455B.207, as enacted by this Act, shall be transferred
 52  7 to new chapter 456D, as subchapter 3.
 52  8    d.  Sections 455B.125 through 455B.127, as enacted
 52  9 by this Act, shall be transferred to new chapter 456D,
 52 10 as subchapter 4.
 52 11    e.  Chapter 455J, with the exception of section
 52 12 455J.1, shall be transferred to new chapter 456D, as
 52 13 subchapter 5.
 52 14    f.  Section 455B.110, as amended by this Act, is
 52 15 transferred to new chapter 456D, as subchapter 6.
 52 16 Sections 455B.167, and 455B.207, as enacted by this
 52 17 Act; section 455B.191, subsection 7, Code 2001, and
 52 18 section 455B.191, subsection 8, as amended by this
 52 19 Act; and section 455B.104, subsection 2, are
 52 20 transferred as new sections to new subchapter 6.
 52 21    2.  The Code editor is directed to transfer chapter
 52 22 455I to new chapter 456C.  Subchapter 1 shall include
 52 23 section 455I.1, subsections 1 through 4 and 6 through
 52 24 13, Code 2001.  Subchapter 2 shall include a new
 52 25 section stating the following:  As used in this
 52 26 subchapter, unless the context otherwise requires,
 52 27 "department" means the department of natural
 52 28 resources.  Subchapter 2 shall include sections 455I.2
 52 29 through 455I.7.  Subchapter 3 shall include a new
 52 30 section stating the following:  As used in this
 52 31 subchapter, unless the context otherwise requires,
 52 32 "department" means the department of agriculture and
 52 33 land stewardship.  The Code editor is directed to
 52 34 transfer sections 159.28 through 159.29B, Code 2001,
 52 35 to new chapter 456C, subchapter 3.
 52 36    Sec. 68.  Section 455B.164, Code 2001, is repealed.  
 52 37                      DIVISION III
 52 38      RETROACTIVE APPLICABILITY AND EFFECTIVE DATES
 52 39    Sec. 69.  RETROACTIVE APPLICATION.
 52 40    1.  If the provisions of this Act would apply to
 52 41 require that a person must be issued a construction
 52 42 permit as provided in section 455B.200A, as amended by
 52 43 this Act, upon the enactment of this Act, for the
 52 44 construction of a confinement feeding operation
 52 45 structure, the requirements of section 455B.200A, as
 52 46 amended by this Act, shall apply retroactively as
 52 47 provided in this section.  The provisions of this
 52 48 section shall apply retroactively only if all of the
 52 49 following are satisfied:
 52 50    a.  An application for a permit to construct the
 53  1 confinement feeding operation structure was submitted
 53  2 to the department on or after April 1, 2002, but prior
 53  3 to the enactment of this Act, regardless of whether
 53  4 the department has approved the application; a manure
 53  5 management plan was submitted to the department
 53  6 without a construction permit as provided in 567 IAC
 53  7 65.16(2) on or after April 1, 2002, but prior to the
 53  8 enactment of this Act regardless of whether the
 53  9 department has approved the manure management plan; or
 53 10 construction of a confinement feeding operation
 53 11 structure has not begun upon the enactment of this Act
 53 12 and the person would otherwise be required to submit a
 53 13 manure management plan prior to the construction of
 53 14 the confinement feeding operation structure as
 53 15 provided in section 455B.203, as amended in this Act.
 53 16    b.  The department has not received evidence that
 53 17 an applicant or person submitting or required to
 53 18 submit a manure management plan as provided in
 53 19 subsection 2, has incurred commitments based on a
 53 20 reliance of the law as the law existed on March 31,
 53 21 2002.  The commitments must constitute a legal
 53 22 obligation for performance by the person to construct
 53 23 a confinement feeding operation structure.
 53 24    2.  This Act shall not apply retroactively other
 53 25 than as provided in this section.  The department
 53 26 shall approve or disapprove a pending construction
 53 27 permit application or manure management plan not
 53 28 subject to subsection 1 and a person may construct a
 53 29 confinement feeding operation structure according to
 53 30 the applicable requirements of the 2001 Code of Iowa
 53 31 and rules adopted by the department and in effect on
 53 32 March 31, 2002.
 53 33    3.  Until March 1, 2003, the department shall use
 53 34 the interim matrix as provided in this Act in lieu of
 53 35 the master matrix required to be used pursuant to
 53 36 section 455B.200E.
 53 37    Sec. 70.  EFFECTIVE DATES.
 53 38    1.  Except as provided in subsections 2 and 3, this
 53 39 Act, being deemed of immediate importance, takes
 53 40 effect upon enactment.
 53 41    2.  The sections of this Act amending sections
 53 42 455B.162, 455B.163, 455B.204, and 455B.204A, take
 53 43 effect on March 1, 2003.  Sections 455B.200C and
 53 44 455B.200E, as enacted in this Act, take effect on
 53 45 March 1, 2003.
 53 46    3.  Notwithstanding section 455B.203, as amended by
 53 47 this Act, a person shall not be required to submit a
 53 48 manure management plan update earlier than March 1,
 53 49 2003.  The department shall adopt rules necessary to
 53 50 administer this Act including these sections on and
 54  1 after the enactment of this Act."
 54  2    #2.  Title page, line 1, by inserting after the
 54  3 word "agriculture" the following:  ", providing for
 54  4 fees, providing for penalties, and including
 54  5 retroactive applicability and effective date
 54  6 provisions".
 54  7    #3.  By renumbering, redesignating, and correcting
 54  8 internal references as necessary.  
 54  9 
 54 10 
 54 11                               
 54 12 COMMITTEE ON AGRICULTURE
 54 13 JERRY BEHN, Chairperson
 54 14 SF 2293.207 79
 54 15 da/sh
     

Text: S05436                            Text: S05438
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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