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:
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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
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