House File 173 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER, KUHN, FREVERT,
                                           SWAIM, SCHUELLER, SMITH,
                                           and GASKILL


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

                                      A BILL FOR

  1 An Act providing authority to a county board of supervisors to
  2    establish a separation distance requirement between an animal
  3    feeding operation maintaining swine and a structure which is
  4    part of a swine farrowing and gestating operation, and
  5    providing an effective date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1292HH 82
  8 da/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  459.203A  SWINE FARROWING AND
  1  2 GESTATING OPERATIONS == SPECIAL BIOSECURITY SEPARATION
  1  3 DISTANCES.
  1  4    1.  A county board of supervisors may adopt a swine
  1  5 biosecurity ordinance requiring a separation distance in feet
  1  6 between an animal feeding operation maintaining swine and a
  1  7 structure which houses more than twenty=five animal units and
  1  8 is part of a swine farrowing and gestating operation located
  1  9 in the county.  If the animal feeding operation or the
  1 10 structure is located in a different county, the joint boards
  1 11 of supervisors of the different counties may adopt the
  1 12 biosecurity ordinance.  On the effective date of the ordinance
  1 13 requiring a separation distance, except as provided in
  1 14 subsection 2 and section 459.205, the animal feeding operation
  1 15 shall not be established or expanded within that separation
  1 16 distance.
  1 17    2.  a.  An animal feeding operation established or expanded
  1 18 prior to the date that a separation distance became effective
  1 19 as provided in a biosecurity ordinance and which does not
  1 20 comply with the separation distance may continue to operate
  1 21 regardless of the separation distance requirement.
  1 22    b.  An animal feeding operation may be expanded within a
  1 23 separation distance required in a biosecurity ordinance if the
  1 24 expansion is in accordance with the terms and conditions of a
  1 25 variance granted by the county board of supervisors which
  1 26 adopted the biosecurity ordinance.
  1 27    Sec. 2.  Section 459.205, subsection 3, Code 2007, is
  1 28 amended to read as follows:
  1 29    3.  a.  A confinement feeding operation structure which is
  1 30 constructed or expanded within any distance from a any of the
  1 31 following:
  1 32    (1)  A residence, educational institution, commercial
  1 33 enterprise, or bona fide religious institution, city, or
  1 34 public use area, if the residence, educational institution,
  1 35 commercial enterprise, or bona fide religious institution was
  2  1 constructed or expanded, or the boundaries of the city or
  2  2 public use area were expanded, after the date that the
  2  3 confinement feeding operation was established.
  2  4    (2)  A city or public use area, if the boundaries of the
  2  5 city or public use area were expanded after the date that the
  2  6 confinement feeding operation was established.
  2  7    (3)  A swine farrowing and gestating operation, if the
  2  8 swine farrowing and gestating operation was constructed or
  2  9 expanded after the date that the confinement feeding operation
  2 10 was established.
  2 11    b.  The date the confinement feeding operation was
  2 12 established is the date on which the confinement feeding
  2 13 operation commenced operating.  A change in ownership or
  2 14 expansion of the confinement feeding operation shall not
  2 15 change the established date of operation.
  2 16    Sec. 3.  Section 459.303, subsection 1, unnumbered
  2 17 paragraph 1, Code 2007, is amended to read as follows:
  2 18    The department shall approve or disapprove applications for
  2 19 permits for the construction, including the expansion, of
  2 20 confinement feeding operation structures, as provided by rules
  2 21 adopted pursuant to this chapter.  The department's decision
  2 22 to department shall approve or disapprove a permit for the
  2 23 construction of a confinement feeding operation structure
  2 24 shall be based on whether the application is submitted
  2 25 according to procedures required by the department and the
  2 26 application meets the requirements of this chapter, including
  2 27 standards established by the department and separation
  2 28 distance requirements for the construction and expansion of
  2 29 confinement feeding operation structures.  A person shall not
  2 30 begin construction of a confinement feeding operation
  2 31 structure requiring a permit under this section, unless the
  2 32 department first approves the person's application and issues
  2 33 to the person a construction permit.  The department shall
  2 34 provide conditions for requiring when a person must obtain a
  2 35 construction permit.
  3  1    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  3  2 immediate importance, takes effect upon enactment.
  3  3                           EXPLANATION
  3  4    BACKGROUND.  This bill amends Code chapter 459, the "Animal
  3  5 Agriculture Compliance Act" (Code section 459.101).  The Code
  3  6 chapter generally regulates animal feeding operations.  As
  3  7 part of the regulation, the Code chapter provides for
  3  8 confinement feeding operation structures, including
  3  9 confinement feeding operation buildings.  Regulations
  3 10 affecting animal feeding operations are often based on size.
  3 11 Since 2002, the size of a confinement feeding operation is
  3 12 measured by animal unit capacity (2002 Iowa Acts, ch 1137).
  3 13 An animal unit is classified by species and types within that
  3 14 species.  Butcher or breeding swine weighing more than 55
  3 15 pounds equal 0.4 animal units and swine weighing between 15
  3 16 and 55 pounds equal 0.1 animal units.
  3 17    These regulations include separation distance requirements
  3 18 depending on three factors:  (1) the type of location
  3 19 benefiting from the separation such as a home, school,
  3 20 business, church, public use area, or thoroughfare; (2) when
  3 21 the confinement feeding operation was constructed or expanded,
  3 22 usually based on the effective date of a statute creating the
  3 23 requirement; and (3) the capacity of the confinement feeding
  3 24 operation (since 2002, its animal unit capacity).  There are
  3 25 several exceptions.  Code section 459.205 provides several
  3 26 exceptions.  A separation distance requirement does not apply
  3 27 to small animal feeding operations (500 or fewer animal
  3 28 units).  By its terms, a separation distance requirement does
  3 29 not apply if the titleholder of the land benefiting from the
  3 30 distance separation executes a written waiver with the
  3 31 titleholder of the land where the structure is located.
  3 32 Another exception provides that a separation distance
  3 33 requirement does not apply when a benefited location
  3 34 constructs or expands within an existing separation distance.
  3 35    BILL'S PROVISIONS.  The bill allows for the creation of a
  4  1 new separation distance requirement which benefits a
  4  2 confinement building which is part of a swine farrowing and
  4  3 gestating operation housing more than 25 animal units.
  4  4 Specifically, the bill provides that a county board of
  4  5 supervisors may adopt an ordinance (referred to as a
  4  6 biosecurity ordinance) that establishes a separation distance
  4  7 between an animal feeding operation maintaining swine and a
  4  8 structure where sows and litters are housed.  It provides that
  4  9 such a separation requirement does not prohibit the status of
  4 10 an animal feeding operation existing on the effective date
  4 11 that the requirement became effective as provided in the
  4 12 biosecurity ordinance.  The bill provides that a county board
  4 13 of supervisors may grant a variance to allow construction or
  4 14 expansion within the separation distance.  Code section
  4 15 459.205 applies so that small animal feeding operations are
  4 16 exempt from separation distance requirements.  Similarly, Code
  4 17 section 459.205 applies so that a neighboring landowner
  4 18 benefiting from a separation distance may execute a waiver to
  4 19 allow construction or expansion of a confinement feeding
  4 20 operation structure within the separation distance.  Finally,
  4 21 the bill provides that a separation distance requirement does
  4 22 not apply when the swine farrowing and gestating operation
  4 23 constructs or expands within an existing separation distance.
  4 24    The bill takes effect upon enactment.
  4 25 LSB 1292HH 82
  4 26 da:nh/gg/14