Text: SF00243 Text: SF00245 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.171, Code 2001, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 8A. "Confinement feeding operation 1 4 contractor" means a person who owns or controls animals as 1 5 provided in section 455B.200B, if all of the following apply: 1 6 a. The person executes a production contract with a 1 7 contract producer or another party for the feeding of the 1 8 animals owned or controlled by the person as provided in 1 9 section 455B.200B. 1 10 b. A contract producer provides for the feeding of the 1 11 animals pursuant to a production contract executed by the 1 12 contract producer, regardless of whether the person is a party 1 13 to that contract. 1 14 c. The person owns or controls a total of two hundred 1 15 thousand pounds or less of animals other than bovine animals 1 16 or four hundred thousand pounds or less of bovine animals. 1 17 NEW SUBSECTION. 9A. "Contract confinement feeding 1 18 operation" means a confinement feeding operation in which 1 19 animals owned or controlled by a contractor as provided in 1 20 section 455B.200B are confined and fed by a contract producer 1 21 pursuant to a production contract. 1 22 NEW SUBSECTION. 9B. "Contract producer" means a person 1 23 who holds a legal interest in a contract confinement feeding 1 24 operation and who confines and feeds animals owned or 1 25 controlled by a confinement feeding operation contractor as 1 26 provided in section 455B.200B. 1 27 NEW SUBSECTION. 29A. "Production contract" means an oral 1 28 or written agreement executed by a confinement feeding 1 29 operation contractor and another party who may be a contract 1 30 producer, if all of the following apply: 1 31 a. The agreement provides for the feeding of animals owned 1 32 or controlled by the confinement feeding operation contractor 1 33 as provided in section 455B.200B. 1 34 b. The contract producer carries out the feeding at the 1 35 contract producer's contract confinement feeding operation 2 1 according to the terms of that agreement or another agreement. 2 2 Sec. 2. Section 455B.191, subsection 8, Code 2001, is 2 3 amended to read as follows: 2 4 8. The following shall apply to violations involving 2 5 animal feeding operations: 2 6 a. The department or a court is not required to impose the 2 7 same penalty upon a confinement feeding operation contractor 2 8 as upon the owner of a confinement feeding operation who is a 2 9 contract producer for a violation of section 455B.203. 2 10 b. Moneys assessed and collected in civil penalties and 2 11 interest earned on civil penalties, arising out of a violation 2 12 involving an animal feeding operation, shall be deposited in 2 13 the manure storage indemnity fund as created in section 2 14 455J.2. 2 15 Sec. 3. Section 455B.200B, Code 2001, is amended by adding 2 16 the following new subsection: 2 17 NEW SUBSECTION. 3. A person "owns or controls animals" if 2 18 the person does any of the following: 2 19 a. Owns a legal interest in the animals. 2 20 b. Holds the right to purchase or sell the animals. 2 21 Sec. 4. Section 455B.203, subsection 2, Code 2001, is 2 22 amended to read as follows: 2 23 2. a. A person shall not remove manure from a manure 2 24 storage structure which is part of a confinement feeding 2 25 operation for which a manure management plan is required under 2 26 this section, unless the department approves a manure 2 27 management plan submitted by the owner of the confinement 2 28 feeding operation as provided by the department on forms 2 29 prescribed by the department. The department may adopt rules 2 30 allowing a person to remove manure from a manure storage 2 31 structure until the manure management plan is approved or 2 32 disapproved by the department according to terms and 2 33 conditions required by rules adopted by the department. 2 34 b. The department shall not approve a manure management 2 35 plan unless it is signed by the person required to submit the 3 1 plan. If the manure management plan is required to be 3 2 submitted by the owner of a contract confinement feeding 3 3 operation who is a contract producer, the manure management 3 4 plan must be jointly signed by the owner and the confinement 3 5 feeding operation contractor who owns or controls the animals 3 6 pursuant to a production contract. 3 7 c. The department shall approve or disapprove a manure 3 8 management plan within sixty days of the date that the 3 9 department receives a completed plan. The department shall 3 10 not issue a permit for the construction of a confinement 3 11 feeding operation or a related animal feeding operation 3 12 structure unless the applicant submits a manure management 3 13 plan together with an application as provided in section 3 14 455B.200A. 3 15 Sec. 5. Section 455B.203, subsection 7, Code 2001, is 3 16 amended to read as follows: 3 17 7. A personsubmittingrequired to sign a manure 3 18 management plan for approval by the department who is found in 3 19 violation of the terms and conditions of the plan shall not be 3 20 subject to an enforcement action other than assessment of a 3 21 civil penalty pursuant to section 455B.191. 3 22 EXPLANATION 3 23 This bill amends Code chapter 455B which in part regulates 3 24 animal feeding operations, including confinement feeding 3 25 operations, by the department of natural resources. Code 3 26 section 455B.203 provides requirements for submitting manure 3 27 management plans by persons who are owners of confinement 3 28 feeding operations; who may also be the person who owns or 3 29 controls confined animals. That Code section also prohibits a 3 30 person from removing manure from a manure storage structure 3 31 which is part of a confinement feeding operation, unless the 3 32 department approves a manure management plan. 3 33 The bill prohibits the department from approving a manure 3 34 management plan, unless it is signed by the person required to 3 35 submit the plan. The bill provides that if the manure 4 1 management plan is required to be submitted by the owner of a 4 2 contract confinement feeding operation who is a contract 4 3 producer, the manure management plan must be jointly signed by 4 4 the owner and the confinement feeding operation contractor who 4 5 owns or controls the animals pursuant to a production 4 6 contract. The bill defines a confinement feeding operation 4 7 contractor as a person who executes a production contract in 4 8 which the animals owned or controlled by the person are fed by 4 9 the contract producer. 4 10 The bill provides that a person required to sign a manure 4 11 management plan found in violation of the terms and conditions 4 12 of the plan is subject to a civil penalty pursuant to Code 4 13 section 455B.191. That Code section provides that the 4 14 violator is subject to a civil penalty of not more than 4 15 $5,000. A person classified as a habitual violator under that 4 16 Code section is subject to a civil penalty of up to $25,000. 4 17 LSB 1443XS 79 4 18 da/pj/5
Text: SF00243 Text: SF00245 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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