House Study Bill 617
HOUSE FILE
BY (PROPOSED COMMITTEE ON
AGRICULTURE BILL BY
CHAIRPERSON DRAKE)
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:
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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 department on an annual basis once 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 an annual compliance updated 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 an annual compliance updated 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. An annual compliance updated 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 the annual
2 10 compliance updated manure management plan filing fee shall not
2 11 exceed a rate of fifteen cents established 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 22 annual compliance updated 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 the annual compliance updated
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 1 annual compliance updated manure management plan filing fee
3 2 for the following fiscal year. The adjusted rate for the
3 3 annual compliance updated 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 the annual compliance updated 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).
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