Senate Study Bill 3017





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CO=CHAIRPERSONS FRAISE
                                            and JOHNSON)


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

                                      A BILL FOR

  1 An Act relating to confinement feeding operations by providing
  2    for manure management plans.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5812SC 81
  5 da/gg/14

PAG LIN



  1  1    Section 1.  Section 459.312, subsection 10, paragraph d,
  1  2 Code 2005, is amended to read as follows:
  1  3    d.  If the location of the application is on land other
  1  4 than land owned by the person applying for the construction
  1  5 permit, the plan shall include a copy of each written
  1  6 agreement executed between the person and the landowner or the
  1  7 person renting the land for crop production where the manure
  1  8 will be applied.
  1  9                           EXPLANATION
  1 10    This bill amends Code chapter 459, referred to as the
  1 11 "Animal Agriculture Compliance Act" (see Code section
  1 12 459.101).  The Code chapter in part regulates confinement
  1 13 feeding operations in which animals are housed in buildings
  1 14 and fed and maintained for 45 days or more in any 12=month
  1 15 period.  A confinement feeding operation structure includes
  1 16 the building and associated structures used for the storage of
  1 17 manure (see Code section 459.102).  A number of provisions
  1 18 regulate the location of confinement feeding operation
  1 19 structures which are usually associated with the approval of
  1 20 construction permits by the department of natural resources
  1 21 (see Code section 459.303).
  1 22    Certain persons are required to file a manure management
  1 23 plan, including an owner of a confinement feeding operation or
  1 24 a person who applies manure from a confinement feeding
  1 25 operation, which is located in another state, if the manure is
  1 26 applied on land located in this state.  The manure management
  1 27 plan must be annually updated.  Generally, the manure
  1 28 management plan must include information regarding how much
  1 29 and where manure kept in a manure storage structure is to be
  1 30 applied (see Code section 459.312).  If the location of the
  1 31 application is on land other than land owned by the person
  1 32 applying for a construction permit, the plan must include a
  1 33 copy of each written agreement executed between the person and
  1 34 the landowner where the manure will be applied.  The bill
  1 35 allows the person to submit a copy of a written agreement
  2  1 executed between the person and a person renting the land for
  2  2 crop production where the manure will be applied in lieu of a
  2  3 written agreement executed between the person and the
  2  4 landowner where the manure will be applied.
  2  5    Note, the provision as amended by this bill would mirror a
  2  6 provision in Code chapter 459A, the "Animal Agriculture
  2  7 Compliance Act for Open Feedlot Operations" (see Code section
  2  8 459A.101), which was enacted as part of HF 805 (2005 Iowa
  2  9 Acts, chapter 136).  A provision in Code chapter 459A requires
  2 10 the filing of a nutrient management plan which must include a
  2 11 copy of a written agreement executed by the owner of the open
  2 12 feedlot operation and the landowner where open feedlot
  2 13 effluent may be applied.  In that case, the person may
  2 14 substitute a written agreement executed by the owner and the
  2 15 person renting the land for crop production.
  2 16 LSB 5812SC 81
  2 17 da:nh/gg/14