House File 186
HOUSE FILE
BY SHOULTZ, JOCHUM, OSTERHAUS,
HOGG, and WENDT
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a moratorium upon the construction of
2 confinement feeding operation structures, providing penalties,
3 and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2281HH 80
6 da/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 459.606 MORATORIUM ==
1 2 CONSTRUCTION OF CONFINEMENT FEEDING OPERATION STRUCTURES.
1 3 1. As used in this section, "construction" of a
1 4 confinement feeding operation structure means the same as
1 5 defined in section 459.201 and includes the expansion of a
1 6 confinement feeding operation structure.
1 7 2. Except as provided in subsection 3, all of the
1 8 following shall apply:
1 9 a. A person shall not construct a confinement feeding
1 10 operation structure.
1 11 b. The department shall not issue a permit as otherwise
1 12 provided in section 459.303 for the construction of a
1 13 confinement feeding operation structure.
1 14 3. Subsection 2 does not apply to any of the following:
1 15 a. Construction of a confinement feeding operation
1 16 structure, if after construction the confinement feeding
1 17 operation is a small animal feeding operation.
1 18 b. Construction of a confinement feeding operation
1 19 structure that does not increase the maximum animal unit
1 20 capacity of the confinement feeding operation.
1 21 c. Construction that is ordered by the department in order
1 22 to remedy a clear, present, and impending danger to the public
1 23 health or the environment.
1 24 d. Construction of a confinement feeding operation
1 25 structure that begins prior to the effective date of this Act.
1 26 4. A person who violates this section shall be subject to
1 27 a civil penalty which shall be established, assessed, and
1 28 collected in the same manner as provided in section 455B.109.
1 29 5. This section is repealed on July 1, 2004.
1 30 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
1 31 immediate importance, takes effect upon enactment.
1 32 EXPLANATION
1 33 This bill amends Code chapter 459 regulating animal feeding
1 34 operations including confinement feeding operations. A
1 35 confinement feeding operation is an agricultural facility
2 1 containing buildings in which animals are confined and fed and
2 2 maintained for 45 days or more in any 12=month period.
2 3 The bill prohibits a person from constructing, including
2 4 expanding, a confinement feeding operation structure, defined
2 5 to mean a confinement building or associated manure storage
2 6 structure or egg washwater storage structure. The bill also
2 7 prohibits the department of natural resources from issuing a
2 8 permit for the construction of such a structure.
2 9 The bill provides exceptions to the prohibition. The
2 10 prohibition does not apply to: (1) a small animal feeding
2 11 operation; (2) construction that does not increase the maximum
2 12 animal unit capacity of the confinement feeding operation; (3)
2 13 construction that is ordered by the department of natural
2 14 resources to remedy a public emergency; and (4) construction
2 15 that begins prior to the effective date of the bill.
2 16 According to the bill, construction first occurs on the
2 17 earliest of the following dates: site excavation,
2 18 installation of concrete forms, or installation of piping for
2 19 manure control. Construction also includes the expansion of
2 20 existing structures.
2 21 A person who violates a provision of the bill is subject to
2 22 a civil penalty of up to $10,000.
2 23 The prohibition ends on July 1, 2004, by repeal of new Code
2 24 section 459.606.
2 25 The bill takes effect upon enactment.
2 26 LSB 2281HH 80
2 27 da/sh/8