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Senate File 392

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 392
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE ANIMAL AGRICULTURE COMPLIANCE ACT, PROVIDING
  1  5    FOR PENALTIES, AND PROVIDING AN EFFECTIVE DATE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8  
  1  9    Section 1.  Section 459.307, unnumbered paragraph 1, Code
  1 10 2003, is amended to read as follows:
  1 11    The department shall adopt rules establishing construction
  1 12 design standards for formed manure storage structures that are
  1 13 part of confinement feeding operations other than small animal
  1 14 feeding operations.  However, the construction design
  1 15 standards shall apply to a formed manure storage structure
  1 16 that is part of a small animal feeding operation as provided
  1 17 in section 459.310.
  1 18    Sec. 2.  Section 459.308, subsection 3, Code 2003, is
  1 19 amended to read as follows:
  1 20    3.  A person shall not construct an unformed manure storage
  1 21 structure on karst terrain or on an area that drains into a
  1 22 known sinkhole.  However, a person may construct an unformed
  1 23 manure storage structure, if there is a twenty-five foot
  1 24 vertical separation distance between the bottom of the
  1 25 unformed manure storage structure and underlying limestone,
  1 26 dolomite, or other soluble rock.
  1 27    Sec. 3.  Section 459.310, subsection 1, unnumbered
  1 28 paragraph 1, Code 2003, is amended to read as follows:
  1 29    Except as provided in subsection subsections 3 and 3A, the
  1 30 following shall apply:
  1 31    Sec. 4.  Section 459.310, subsection 2, Code 2003, is
  1 32 amended to read as follows:
  1 33    2.  A Except as provided in subsection 3A, a confinement
  1 34 feeding operation structure shall not be constructed on land
  1 35 that is part of a one hundred year floodplain as designated by
  2  1 rules adopted by the department pursuant to section 459.301.
  2  2    Sec. 5.  Section 459.310, Code 2003, is amended by adding
  2  3 the following new subsection:
  2  4    NEW SUBSECTION.  3A.  A separation distance required in
  2  5 subsection 1 or the prohibition against construction of a
  2  6 confinement feeding operation structure on a one hundred year
  2  7 floodplain as provided in subsection 2 shall not apply to a
  2  8 confinement feeding operation that includes a confinement
  2  9 feeding operation structure that was constructed prior to
  2 10 March 1, 2003, if any of the following apply:
  2 11    a.  One or more unformed manure storage structures that is
  2 12 part of the confinement feeding operation is replaced with one
  2 13 or more formed manure storage structures on or after the
  2 14 effective date of this Act, and all of the following apply:
  2 15    (1)  The animal weight capacity or animal unit capacity,
  2 16 whichever is applicable, is not increased for that portion of
  2 17 the confinement feeding operation that utilizes all
  2 18 replacement formed manure storage structures.
  2 19    (2)  The use of each replaced unformed manure storage
  2 20 structure is discontinued within one year after the
  2 21 construction of the replacement formed manure storage
  2 22 structure.
  2 23    (3)  The capacity of all replacement formed manure storage
  2 24 structures does not exceed the amount required to store manure
  2 25 produced by that portion of the confinement feeding operation
  2 26 utilizing the formed manure storage structures during any
  2 27 eighteen-month period.
  2 28    (4)  No portion of the replacement formed manure storage
  2 29 structure is closer to the location or object from which
  2 30 separation is required under subsection 1 than any other
  2 31 confinement feeding operation structure which is part of the
  2 32 operation.
  2 33    (5)  The formed manure storage structure meets or exceeds
  2 34 the requirements of section 459.307.
  2 35    b.  A formed manure storage structure that is part of the
  3  1 confinement feeding operation is constructed on or after the
  3  2 effective date of this Act pursuant to a variance granted by
  3  3 the department.  In granting the variance, the department
  3  4 shall make a finding of all of the following:
  3  5    (1)  The replacement formed manure storage structure
  3  6 replaces the confinement feeding operation's existing manure
  3  7 storage and handling facilities.
  3  8    (2)  The replacement formed manure storage structure
  3  9 complies with standards adopted pursuant to section 459.307.
  3 10    (3)  The replacement formed manure storage structure more
  3 11 likely than not provides a higher degree of environmental
  3 12 protection than the confinement feeding operation's existing
  3 13 manure storage and handling facilities.
  3 14    If the formed manure storage structure will replace any
  3 15 existing manure storage structure, the department shall, as a
  3 16 condition of granting the variance, require that the replaced
  3 17 manure storage structure be properly closed.
  3 18    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  3 19 immediate importance, takes effect upon enactment.  
  3 20 
  3 21 
  3 22                                                             
  3 23                               MARY E. KRAMER
  3 24                               President of the Senate
  3 25 
  3 26 
  3 27                                                             
  3 28                               CHRISTOPHER C. RANTS
  3 29                               Speaker of the House
  3 30 
  3 31    I hereby certify that this bill originated in the Senate and
  3 32 is known as Senate File 392, Eightieth General Assembly.
  3 33 
  3 34 
  3 35                                                             
  4  1                               MICHAEL E. MARSHALL
  4  2                               Secretary of the Senate
  4  3 Approved                , 2003
  4  4 
  4  5 
  4  6                                
  4  7 THOMAS J. VILSACK
  4  8 Governor
     

Text: SF00391                           Text: SF00393
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Bills and Amendments: General Index     Bill History: General Index

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