House File 2281 S-5164 Amend House File 2281, as passed by the House, as follows: 1 1. Page 1, after line 8 by inserting: 2 < Sec. ___. Section 459.102, Code 2018, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 51A. “Small confinement feeding operation” 5 means a confinement feeding operation that has an animal unit 6 capacity of three hundred or fewer animal units. 7 Sec. ___. Section 459.202, subsection 1, paragraph a, Code 8 2018, is amended to read as follows: 9 a. Except as provided in subsection 3 and sections 459.203 , 10 459.203A, 459.205 , and 459.206 , this subsection applies to 11 confinement feeding operation structures constructed on or 12 after May 31, 1995, but prior to January 1, 1999; and to the 13 expansion of structures constructed prior to January 1, 1999. 14 Sec. ___. Section 459.202, subsection 2, paragraph a, Code 15 2018, is amended to read as follows: 16 a. Except as provided in subsection 3 and sections 459.203 , 17 459.203A, 459.205 , and 459.206 , this subsection applies to 18 confinement feeding operation structures constructed on or 19 after January 1, 1999, but prior to March 1, 2003, and to the 20 expansion of structures constructed on or after January 1, 21 1999, but prior to March 1, 2003. 22 Sec. ___. Section 459.202, subsection 3, paragraph a, Code 23 2018, is amended to read as follows: 24 a. Except as provided in sections 459.203 , 459.203A, 25 459.205 , and 459.206 , this subsection applies to confinement 26 feeding operation structures constructed on or after May 27 31, 1995, but prior to March 1, 2003; to the expansion of 28 structures constructed on or after May 31, 1995, but prior to 29 March 1, 2003; and to the expansion of structures constructed 30 prior to May 31, 1995. 31 Sec. ___. Section 459.202, subsection 4, paragraph a, Code 32 2018, is amended to read as follows: 33 a. Except as provided in subsection 5 and sections 459.203 , 34 459.203A, 459.205 , and 459.206 , this subsection applies to 35 -1- HF2281.4734 (1) 87 da/rn 1/ 5 #1.

confinement feeding operation structures constructed on or 1 after March 1, 2003, and to the expansion of confinement 2 feeding operation structures constructed on or after March 1, 3 2003. 4 Sec. ___. Section 459.202, subsection 5, paragraph a, Code 5 2018, is amended to read as follows: 6 a. Except as provided in sections 459.203 , 459.203A, 7 459.205 , and 459.206 , this subsection applies to confinement 8 feeding operation structures constructed on or after March 1, 9 2003, and to the expansion of confinement feeding operation 10 structures constructed on or after March 1, 2003. 11 Sec. ___. Section 459.202, subsection 6, Code 2018, is 12 amended to read as follows: 13 6. Except as provided in section sections 459.203A and 14 459.205 , a confinement feeding operation structure shall not be 15 constructed or expanded within one hundred feet from a public 16 thoroughfare. 17 Sec. ___. Section 459.203, unnumbered paragraph 1, Code 18 2018, is amended to read as follows: 19 A confinement feeding operation that does not qualify as a 20 small confinement feeding operation, that was constructed or 21 expanded prior to the date that a the applicable separation 22 distance requirement became effective under section 459.202 , 23 and which that does not comply with the section’s that 24 separation distance requirement may continue to operate 25 regardless of the separation distance requirement. The 26 confinement feeding operation may be expanded only if any of 27 the following applies: 28 Sec. ___. NEW SECTION . 459.203A Separation distance 29 requirements for confinement feeding operations qualifying as 30 small animal feeding operations —— expansion of prior constructed 31 operations. 32 1. A confinement feeding operation that qualifies as a small 33 confinement feeding operation, that was constructed or expanded 34 prior to the date that the applicable separation distance 35 -2- HF2281.4734 (1) 87 da/rn 2/ 5

requirement became effective under section 459.202, and that 1 does not comply with that separation distance requirement 2 on and after the effective date of this Act may continue to 3 operate regardless of the separation distance requirement. 4 2. A confinement feeding operation described in subsection 5 1 may be expanded only if all of the following apply: 6 a. The confinement feeding operation is not expanded by 7 the construction or expansion of an unformed manure storage 8 structure. However, the confinement feeding operation may 9 be expanded by replacing one or more unformed manure storage 10 structures with one or more formed manure storage structures, 11 subject to all of the following: 12 (1) The animal weight capacity or animal unit capacity, 13 whichever is applicable, is not increased for that portion of 14 the confinement feeding operation that utilizes all replacement 15 formed manure storage structures. 16 (2) The use of each replaced unformed manure storage 17 structure is discontinued within one year after the 18 construction of the replacement formed manure storage 19 structure. 20 (3) The capacity of all replacement formed manure storage 21 structures does not exceed the amount required to store manure 22 produced by that portion of the confinement feeding operation 23 utilizing the formed manure storage structures during any 24 fourteen-month period. 25 (4) No portion of the replacement formed manure storage 26 structure is closer to an object or location for which a 27 separation distance is required under section 459.202 than any 28 other confinement feeding operation structure which is part of 29 the operation. 30 b. (1) For a confinement feeding operation constructed 31 prior to January 1, 1999, any construction or expansion of 32 a confinement feeding operation structure complies with the 33 separation distance requirements applying to that structure as 34 provided in section 459.202, subsections 1 and 3. 35 -3- HF2281.4734 (1) 87 da/rn 3/ 5

(2) For a confinement feeding operation constructed on 1 or after January 1, 1999, but prior to March 1, 2003, any 2 construction or expansion of a confinement feeding operation 3 structure complies with the separation distance requirements 4 applying to that structure as provided in section 459.202, 5 subsections 2 and 3. 6 (3) For a confinement feeding operation constructed on 7 or after March 1, 2003, any construction or expansion of a 8 confinement feeding operation structure complies with the 9 separation distance requirements applying to that structure as 10 provided in section 459.202, subsections 4 and 5. 11 Sec. ___. Section 459.205, subsection 1, Code 2018, is 12 amended to read as follows: 13 1. A confinement feeding operation structure, if the 14 structure is part of a confinement feeding operation which that 15 qualifies as a small animal confinement feeding operation. 16 However, this subsection shall not apply if the confinement 17 feeding operation structure is an unformed manure storage 18 structure. 19 Sec. ___. Section 459.205, subsection 4, paragraph c, Code 20 2018, is amended to read as follows: 21 c. The liquid manure originates from a small animal 22 confinement feeding operation. 23 Sec. ___. Section 459.205, subsection 5, Code 2018, is 24 amended to read as follows: 25 5. The stockpiling of dry manure within a separation 26 distance required between a stockpile and an object or location 27 for which a separation distance is required under section 28 459.204B if any of the following apply: 29 a. The titleholder of the land benefiting from the 30 separation distance requirement executes a written waiver with 31 the titleholder of the land where the stockpile is located. 32 b. The stockpile consists of dry manure originating from a 33 small animal feeding operation other than a confinement feeding 34 operation . 35 -4- HF2281.4734 (1) 87 da/rn 4/ 5

c. The stockpile consists of dry manure originating from a 1 small confinement feeding operation. 2 d. The stockpile consists of dry manure originating from 3 a confinement feeding operation that was constructed before 4 January 1, 2006, unless the confinement feeding operation is 5 expanded after that date. > 6 2. Title page, lines 1 and 2, by striking < operations 7 maintaining fishes, > and inserting < operations, including > 8 3. By renumbering as necessary. 9 ______________________________ DAVID JOHNSON -5- HF2281.4734 (1) 87 da/rn 5/ 5 #2. #3.