House Study Bill 724
HOUSE FILE
BY (PROPOSED COMMITTEE ON ECONOMIC
GROWTH BILL BY CHAIRPERSON
HOFFMAN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing an environmental design and construction
2 program for open animal feeding operations.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6470HC 81
5 da/cf/24
PAG LIN
1 1 PART 22
1 2 Section 1. NEW SECTION. 15.411 DEFINITIONS.
1 3 As used in this part, unless the context otherwise
1 4 requires:
1 5 1. "Animal" means the same as defined in section 459.102.
1 6 2. "Animal feeding operation" means the same as defined in
1 7 section 459.102.
1 8 3. "Open animal feeding operation" means an animal feeding
1 9 operation other than a confinement feeding operation as
1 10 defined in section 459.102.
1 11 4. "Open feedlot operation" means the same as defined in
1 12 section 459A.102.
1 13 5. "Open feedlot operation structure" means the same as
1 14 defined in section 459A.102.
1 15 6. "Program" means the environmental design and
1 16 construction program for open animal feeding operations as
1 17 provided in section 15.412.
1 18 Sec. 2. NEW SECTION. 15.412 ENVIRONMENTAL DESIGN AND
1 19 CONSTRUCTION PROGRAM FOR OPEN ANIMAL FEEDING OPERATIONS.
1 20 1. There is established an environmental design and
1 21 construction program for open animal feeding operations under
1 22 the administration of the department.
1 23 2. In administering the program, the department shall
1 24 cooperate with all of the following:
1 25 a. The department of natural resources.
1 26 b. The state soil conservation committee and the soil
1 27 conservation division of the department of agriculture and
1 28 land stewardship pursuant to chapters 161A and 161C.
1 29 c. The agricultural development authority as provided in
1 30 chapter 175.
1 31 d. The watershed improvement review board as provided in
1 32 chapter 466A.
1 33 3. The purpose of the program is to promote rural
1 34 development in this state and preserve or improve the quality
1 35 of water sources in this state. The department shall award
2 1 grants to be used exclusively for the design, installation,
2 2 construction, expansion, or improvement of systems which
2 3 properly utilize animal manure as a nutrient source and to
2 4 protect the water resources of the state from animal manure or
2 5 a combination of manure and precipitation=induced runoff
2 6 originating from open animal feeding operations. The systems
2 7 may include any of the following:
2 8 a. An open feedlot operation structure which meets or
2 9 exceeds all applicable requirements as provided in chapter
2 10 459A.
2 11 b. Water protection practices, including but not limited
2 12 to the establishment of native grasses and forbs, structures
2 13 to prevent groundwater pollution from sinkholes, and buffer
2 14 strips or erosion control structures.
2 15 4. The department shall establish criteria for persons to
2 16 qualify for a grant under the program. In order to
2 17 participate in the program, all of the following must apply:
2 18 a. The person is an owner or operator of an existing open
2 19 animal feeding operation or is beginning the establishment of
2 20 an open animal feeding operation.
2 21 b. The person shall apply to the department in a manner
2 22 and according to procedures required by the department and
2 23 execute any agreement with the department according to the
2 24 terms and conditions required by the department or negotiated
2 25 by the parties.
2 26 EXPLANATION
2 27 This bill establishes an environmental design and
2 28 construction program for open animal feeding operations under
2 29 the administration of the department of economic development.
2 30 An open animal feeding operation is a lot, yard, corral,
2 31 building, or other area in which animals are confined and fed
2 32 and maintained for 45 days or more in any 12=month period, and
2 33 all structures used for the storage of manure from animals in
2 34 the operation (Code section 459.102). It includes an open
2 35 feedlot operation where crop, vegetation, or forage growth or
3 1 residue cover is not maintained in the enclosed area where the
3 2 animals are kept (Code section 459A.102). However, it does
3 3 not include a confinement feeding operation in which animals
3 4 are confined to areas which are totally roofed (Code section
3 5 459.102). It does not include a manure storage structure such
3 6 as an anaerobic lagoon associated with confinement feeding
3 7 operations.
3 8 The bill provides that in administering the program, the
3 9 department must cooperate with a number of agencies including:
3 10 (1) the department of natural resources; (2) the state soil
3 11 conservation committee and the soil conservation division of
3 12 the department of agriculture and land stewardship; (3) the
3 13 agricultural development authority; and (4) the watershed
3 14 improvement review board.
3 15 According to the bill, the purpose of the program is to
3 16 promote rural development in this state and improve water
3 17 quality practices by providing grants to assist qualified
3 18 persons in the design, installation, construction, expansion,
3 19 or improvement of manure control systems. This includes an
3 20 open feedlot operation structure such as a settled open
3 21 feedlot effluent basin, a solids settling facility, or an
3 22 alternative technology system. It may also include water
3 23 protection practices, including but not limited to the
3 24 establishment of native grasses and forbs, sinkhole
3 25 management, and the establishment of buffer strips or erosion
3 26 control structures.
3 27 LSB 6470HC 81
3 28 da:nh/cf/24