Senate File 337 - Introduced SENATE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 251) 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 2829SV 81 5 da/pj/5 PAG LIN 1 1 Section 1. NEW SECTION. 159.6B REGULATORY INFORMATION 1 2 SERVICE == ANIMAL AGRICULTURE COMPLIANCE ACT. 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 chapter 459, 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 chapter 459, 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 chapter 459, 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 Sec. 2. Section 459.103, Code 2005, is amended by adding 2 10 the following new subsection: 2 11 NEW SUBSECTION. 4. The department of agriculture and land 2 12 stewardship shall administer a regulatory information service 2 13 to assist persons regulated under this chapter, as provided in 2 14 section 159.6B. 2 15 EXPLANATION 2 16 This bill provides for the establishment of a center of 2 17 information within the department of agriculture and land 2 18 stewardship where a person interested in constructing, 2 19 expanding, or operating an animal feeding operation may be 2 20 informed of the regulatory requirements of the chapter and 2 21 rules adopted by the environmental protection commission, 2 22 including the terms and conditions applicable to licenses, 2 23 certifications, permits, or manure management plans. The bill 2 24 requires that the department of natural resources inform the 2 25 department of agriculture and land stewardship of issues 2 26 relating to the regulatory requirements and compliance. The 2 27 bill provides that a person is not subject to the imposition 2 28 of a penalty for a failure to comply with a regulatory 2 29 requirement if the person demonstrates that they relied upon 2 30 information provided by the department of agriculture and land 2 31 stewardship and then, upon notification by the department of 2 32 natural resources, the person either ceased the prohibited 2 33 activity or complied with the regulatory requirement. 2 34 LSB 2829SV 81 2 35 da:nh/pj/5