Text: SF00391 Text: SF00393 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 insubsectionsubsections 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.AExcept 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 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/SF/00300/SF00392/030421.html
jhf