Text: SF02058 Text: SF02060 Text: SF02000 - SF02099 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 subsection:
1 3 NEW SUBSECTION. 15A. "Formed manure storage structure"
1 4 means the same as defined in section 455B.161.
1 5 Sec. 2. Section 455B.171, subsection 20, Code 2001, is
1 6 amended to read as follows:
1 7 20. "Manure storage structure" means an animal feeding
1 8 operation structure used to store manure as part of a
1 9 confinement feeding operation, including but not limited to a
1 10 formed manure storage structure or unformed manure storage
1 11 structure as defined in section 455B.161.
1 12 Sec. 3. NEW SECTION. 455B.207 MORATORIUM – CONSTRUCTION
1 13 OF SWINE CONFINEMENT FEEDING OPERATION STRUCTURES.
1 14 1. As used in this section, "swine confinement feeding
1 15 operation structure" means a confinement building or manure
1 16 storage structure that is part of a confinement feeding
1 17 operation in which swine are confined.
1 18 2. Except as provided in subsection 3, all of the
1 19 following shall apply:
1 20 a. A person shall not construct, including expand, a swine
1 21 confinement feeding operation structure.
1 22 b. The department shall not issue a permit as otherwise
1 23 provided in section 455B.200A for the construction, including
1 24 expansion, of a swine confinement feeding operation structure.
1 25 3. Subsection 2 does not apply to any of the following:
1 26 a. Construction of an animal feeding operation structure,
1 27 if after construction the confinement feeding operation is a
1 28 small animal feeding operation.
1 29 b. Construction of an animal feeding operation structure
1 30 that does not increase the maximum animal weight capacity of
1 31 the confinement feeding operation.
1 32 c. Construction that is ordered by the department in order
1 33 to remedy a clear, present, and impending danger to the public
1 34 health or the environment.
1 35 d. Construction of an animal feeding operation structure
2 1 that begins prior to the effective date of this Act.
2 2 4. This section is repealed on July 1, 2003.
2 3 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
2 4 immediate importance, takes effect upon enactment.
2 5 EXPLANATION
2 6 This bill amends provisions in Code chapter 455B regulating
2 7 animal feeding operations including confinement feeding
2 8 operations, originally enacted in 1995 by House File 519 (1995
2 9 Iowa Acts, ch. 195), and amended in 1998 by House File 2494
2 10 (1998 Iowa Acts, ch. 1209).
2 11 The bill prohibits a person from constructing, including
2 12 expanding, a "swine confinement feeding operation structure"
2 13 defined to mean a confinement building or associated manure
2 14 storage structure that is part of a confinement feeding
2 15 operation (an agricultural facility containing buildings in
2 16 which swine are confined and fed and maintained for 45 days or
2 17 more in any 12-month period). The bill also prohibits the
2 18 department of natural resources from issuing a permit for the
2 19 construction of such a structure.
2 20 The bill also provides exceptions to the prohibition. The
2 21 prohibition does not apply to: (1) a small animal feeding
2 22 operation (having an animal weight capacity of 200,000 pounds
2 23 or less); (2) construction that does not increase the maximum
2 24 animal weight capacity of the confinement feeding operation;
2 25 (3) construction that is ordered by the department of natural
2 26 resources to remedy a public emergency; and (4) construction
2 27 that begins prior to the effective date of the bill.
2 28 According to Code sections 455B.161A and 455B.200B,
2 29 construction first occurs on the earliest of the following
2 30 dates: site excavation, installation of concrete forms, or
2 31 installation of piping for manure control.
2 32 According to Code section 455B.191, a person who violates a
2 33 provision of the bill is subject to a civil penalty not to
2 34 exceed $5,000 for each day of such violation.
2 35 The prohibition ends on July 1, 2003, by repeal of new Code
3 1 section 455B.207.
3 2 The bill takes effect upon enactment.
3 3 LSB 6077SS 79
3 4 da/sh/8
Text: SF02058 Text: SF02060 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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