House File 2503 - Introduced HOUSE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 617) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to confinement feeding operations by requiring 2 the submission of updated manure management plans on a 3 multiyear basis, providing for fees, and making penalties 4 applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6141HV 81 7 da/sh/8 PAG LIN 1 1 Section 1. Section 459.312, subsections 3, 6, and 11, Code 1 2 2005, are amended to read as follows: 1 3 3. The owner of a confinement feeding operation who is 1 4 required to submit a manure management plan under this section 1 5 shall submit an updated manure management plan to the 1 6 departmenton an annual basisonce each four years. The 1 7 department shall provide for a date that each updated manure 1 8 management plan is required to be submitted to the department. 1 9 The department may provide for staggering the dates on which 1 10 updated manure management plans are due. To satisfy the 1 11 requirements of an updated manure management plan, an owner of 1 12 a confinement feeding operation may, in lieu of submitting a 1 13 complete plan, file a document stating that the manure 1 14 management plan has not changed, or state all of the changes 1 15 made since the original manure management plan or a previous 1 16 updated manure management plan was submitted and approved. 1 17 6. The department shall not approve an original manure 1 18 management plan unless the plan is accompanied by a manure 1 19 management plan filing fee required pursuant to section 1 20 459.400. The department shall not approve an updated manure 1 21 management plan unless the updated manure management plan is 1 22 accompanied by anannual complianceupdated manure management 1 23 plan filing fee required pursuant to section 459.400. If the 1 24 department staggers the date for the submission of a manure 1 25 management plan, it shall prorate the amount of the updated 1 26 manure management plan filing fee. 1 27 11. A confinement feeding operation classified as a 1 28 habitual violator as provided in section 459.604 shall submit 1 29 a manure management plan to the department on an annual basis, 1 30 which must be approved by the department for the following 1 31 year of operation. The manure management plan shall be a 1 32 replacement original manure management plan rather than a 1 33 manure management plan update. However, the habitual violator 1 34 required to submit a replacement original manure management 1 35 plan must submit anannual complianceupdated manure 2 1 management plan filing fee in the same manner as if the 2 2 habitual violator were submitting an updated manure management 2 3 plan. 2 4 Sec. 2. Section 459.400, subsection 1, paragraph c, Code 2 5 2005, is amended to read as follows: 2 6 c. Anannual complianceupdated manure management plan 2 7 filing fee that is required to accompany an updated manure 2 8 management plan submitted to the department for approval as 2 9 provided in section 459.312. The amount of theannual 2 10 complianceupdated manure management plan filing fee shall not 2 11 exceed a rateof fifteen centsestablished by the department 2 12 and assessed on a per animal unit based on the animal unit 2 13 capacity of the confinement feeding operation covered by the 2 14 manure management plan. For a person other than a habitual 2 15 violator required to submit a replacement original manure 2 16 management plan, the designated rate shall not exceed sixty 2 17 cents. For a habitual violator required to submit a 2 18 replacement original manure management plan, the designated 2 19 rate shall not exceed fifteen cents. If the person submitting 2 20 the manure management plan is a contract producer, as provided 2 21 in chapter 202, the active contractor shall be assessed the 2 22annual complianceupdated manure management plan filing fee. 2 23 Sec. 3. Section 459.400, subsection 2, paragraph b, Code 2 24 2005, is amended to read as follows: 2 25 b. Moneys collected from theannual complianceupdated 2 26 manure management plan filing fee shall be deposited into the 2 27 compliance fund's assessment account. Moneys collected from 2 28 commercial manure service license fees and educational program 2 29 fees shall be deposited into the compliance fund's educational 2 30 program account. 2 31 Sec. 4. Section 459.400, subsection 3, paragraph a, Code 2 32 2005, is amended to read as follows: 2 33 a. If on June 30, the balance of unencumbered and 2 34 unobligated moneys in the assessment account is one million 2 35 dollars or more, the department shall adjust the rate of the 3 1annual complianceupdated manure management plan filing fee 3 2 for the following fiscal year. The adjusted rate for the 3 3annual complianceupdated manure management plan filing fee 3 4 shall be based on the department's estimate of the amount 3 5 required to ensure that at the end of the following fiscal 3 6 year the balance of unencumbered and unobligated moneys in the 3 7 assessment account is not one million dollars or more. 3 8 Sec. 5. Section 459.401, subsection 2, paragraph b, Code 3 9 Supplement 2005, is amended to read as follows: 3 10 b. The assessment account is composed of moneys collected 3 11 from theannual complianceupdated manure management plan 3 12 filing fee required pursuant to section 459.400. 3 13 3 14 EXPLANATION 3 15 BACKGROUND. This bill amends Code chapter 459, referred to 3 16 as the "Animal Agriculture Compliance Act" (see Code section 3 17 459.101). The Code chapter in part regulates confinement 3 18 feeding operations in which animals are housed in buildings 3 19 and fed and maintained for 45 days or more in any 12=month 3 20 period (see Code section 459.102). 3 21 Part of Code chapter 459 requires that certain persons 3 22 submit a manure management plan, including an owner of a 3 23 confinement feeding operation or a person who applies manure 3 24 from a confinement feeding operation which is located in 3 25 another state, if the manure is applied on land located in 3 26 this state. Generally, the manure management plan must 3 27 include information regarding how much and where manure kept 3 28 in a manure storage structure is to be applied (see Code 3 29 section 459.312). The department must deliver a copy of the 3 30 manure management plan or require the person submitting the 3 31 manure management plan to deliver a copy of the manure 3 32 management plan to the county board of supervisors in each 3 33 county where the confinement feeding operation is located or 3 34 where the manure is to be applied. 3 35 A manure management plan includes an update to the plan 4 1 that is required to be submitted to the department and 4 2 counties on an annual basis. However, a habitual violator of 4 3 the Code chapter's provisions must submit an original manure 4 4 management plan to the department and counties each year. A 4 5 manure management plan must be accompanied by a filing fee 4 6 which is deposited into the general account of the animal 4 7 agriculture compliance fund (see Code sections 459.400 and 4 8 459.401). An updated manure management plan, or an original 4 9 manure management plan submitted by a habitual violator, must 4 10 be accompanied by a compliance fee. The assessed rate of the 4 11 compliance fee cannot exceed 15 cents per animal unit based on 4 12 the animal unit capacity of the confinement feeding operation 4 13 covered by the updated manure management plan. All compliance 4 14 fees are deposited into an assessment account within the 4 15 animal agriculture compliance fund (see Code section 459.401). 4 16 The exact rate of the annual compliance fee must be adjusted 4 17 by the department at the end of each fiscal year to ensure 4 18 that the total balance at the end of the following fiscal year 4 19 is not $1 million or more. 4 20 PROVISIONS OF THE BILL. The bill provides that an updated 4 21 manure management plan must be submitted to the department and 4 22 counties every four years. The bill changes the name of the 4 23 fee from the annual compliance fee to the updated manure 4 24 management plan filing fee. It increases the maximum rate of 4 25 the fee from 15 cents to 60 cents (15 multiplied by four 4 26 years). The rate required to be paid by a habitual violator 4 27 required to submit an annual original manure management plan 4 28 remains 15 cents. The bill provides that if the department 4 29 staggers the due date for the submission of a manure 4 30 management plan, it must prorate the amount of the updated 4 31 manure management plan filing fee. A person who fails to 4 32 submit a manure management plan or an update, including a 4 33 related fee, is subject to a civil penalty not to exceed 4 34 $5,000 for each day of such violation (see Code sections 4 35 459.603 and 455B.191). 5 1 LSB 6141HV 81 5 2 da:nh/sh/8