Senate File 251 - Introduced



                                       SENATE FILE       
                                       BY  WOOD


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to animal feeding operations, by establishing a
  2    regulatory information service and providing for compliance.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2829SS 81
  5 da/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  459.104  REGULATORY INFORMATION
  1  2 SERVICE == DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.
  1  3    1.  The department of agriculture and land stewardship
  1  4 shall provide a regulatory information service.  The purpose
  1  5 of the service shall be to provide a center of information
  1  6 where a person interested in constructing, expanding, or
  1  7 operating an animal feeding operation may be informed of the
  1  8 regulatory requirements of this chapter, including rules
  1  9 adopted by the commission pursuant to section 459.103, orders
  1 10 issued by the department of natural resources as authorized
  1 11 under this chapter, and the terms and conditions applicable to
  1 12 licenses, certifications, permits, or manure management plans.
  1 13    2.  The department of natural resources shall inform the
  1 14 department of agriculture and land stewardship of all of the
  1 15 following:
  1 16    a.  Regulatory requirements under this chapter, persons who
  1 17 are subject to the requirements, and the existence of any
  1 18 threshold level which would exempt a person from the
  1 19 regulation.
  1 20    b.  The nature of the regulations.
  1 21    c.  The amount of any fees required to be paid for
  1 22 complying with the regulations.
  1 23    d.  The process of applying for a permit, submitting a
  1 24 manure management plan, or obtaining other regulatory
  1 25 approval.
  1 26    e.  A brief statement of the purpose of requiring the
  1 27 permit, manure management plan, or regulatory approval or
  1 28 requiring compliance with the standards or criteria.
  1 29    3.  The department of natural resources shall promptly
  1 30 inform the department of agriculture and land stewardship of
  1 31 any changes in the information provided under subsection 2 or
  1 32 the establishment of a new regulation.  The information
  1 33 provided to or disseminated by the department of agriculture
  1 34 and land stewardship shall not be binding upon the department
  1 35 of natural resources.  However, a person shall not be subject
  2  1 to the imposition of a penalty for a failure to comply with a
  2  2 regulatory requirement if the person demonstrates that the
  2  3 person relied upon information provided by the department of
  2  4 agriculture and land stewardship indicating that the
  2  5 regulatory requirement was not applicable, and upon
  2  6 notification by the department of natural resources the person
  2  7 either ceases the prohibited activity or complies with the
  2  8 regulatory requirement.
  2  9                           EXPLANATION
  2 10    This bill amends provisions in Code chapter 459, the
  2 11 "Animal Agriculture Compliance Act", which provides for the
  2 12 regulation of animal feeding operations, and especially
  2 13 confinement feeding operations, by the department of natural
  2 14 resources.  The bill provides for the establishment of a
  2 15 center of information within the department of agriculture and
  2 16 land stewardship where a person interested in constructing,
  2 17 expanding, or operating an animal feeding operation may be
  2 18 informed of the regulatory requirements of the chapter and
  2 19 rules adopted by the environmental protection commission,
  2 20 including the terms and conditions applicable to licenses,
  2 21 certifications, permits, or manure management plans.  The bill
  2 22 requires that the department of natural resources inform the
  2 23 department of agriculture and land stewardship of issues
  2 24 relating to the regulatory requirements and compliance.  The
  2 25 bill provides that a person is not subject to the imposition
  2 26 of a penalty for a failure to comply with a regulatory
  2 27 requirement if the person demonstrates that they relied upon
  2 28 information provided by the department of agriculture and land
  2 29 stewardship and then, upon notification by the department of
  2 30 natural resources, the person either ceased the prohibited
  2 31 activity or complied with the regulatory requirement.
  2 32 LSB 2829SS 81
  2 33 da:nh/pj/5