House File 352 - Introduced
HOUSE FILE
BY THOMAS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing separation distance requirements for confinement
2 feeding operations that are under common ownership or
3 management, and making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1032HH 82
6 da/je/5
PAG LIN
1 1 Section 1. Section 459.203, unnumbered paragraph 1, Code
1 2 2007, is amended to read as follows:
1 3 A confinement feeding operation constructed or expanded
1 4 prior to the date that a distance requirement became effective
1 5 under section 459.202 and which does not comply with the
1 6 section's distance requirement may continue to operate
1 7 regardless of the distance requirement. The For two or more
1 8 confinement feeding operations that become a single
1 9 confinement feeding operation because a person acquires common
1 10 ownership or management of the confinement operations as
1 11 provided in section 459.201, all confinement feeding operation
1 12 structures which are part of the single confinement feeding
1 13 operation shall be deemed constructed on the date that the
1 14 first confinement feeding operation structure was constructed.
1 15 A confinement feeding operation may be expanded if any of the
1 16 following applies:
1 17 EXPLANATION
1 18 BACKGROUND. Code section 459.202 provides for various
1 19 separation distance requirements established between
1 20 confinement feeding operation structures (e.g., confinement
1 21 buildings and manure storage structures) and homes, schools,
1 22 businesses, churches, and public use areas (portions of parks
1 23 and cemeteries) located outside and within city limits.
1 24 Generally, the separation distance required depends upon (1)
1 25 when the confinement feeding operation structure was
1 26 constructed or expanded, which is usually related to when a
1 27 new separation distance became effective, and (2) the size of
1 28 the confinement feeding operation, which increases the
1 29 distance according to the capacity of the confinement feeding
1 30 operation (either animal weight capacity or animal unit
1 31 capacity). Code section 459.205 exempts small animal feeding
1 32 operations (having an animal unit capacity of 500 or less)
1 33 from separation distance requirements. However, Code section
1 34 459.201 provides that two or more confinement feeding
1 35 operations under common ownership or management are deemed to
2 1 be a single animal feeding operation if they are adjacent or
2 2 utilize a common system for manure storage.
2 3 Code section 459.203 provides that a confinement feeding
2 4 operation constructed or expanded prior to the date that a
2 5 distance requirement became effective may continue to operate
2 6 regardless of the new distance requirement, and under certain
2 7 circumstances may be expanded. For example, a confinement
2 8 feeding operation may expand if it continues to meet the
2 9 separation distance requirements applicable when the
2 10 confinement feeding operation was established or it meets
2 11 minimum capacity threshold requirements. It may expand so
2 12 long as the confinement feeding operation stays within a
2 13 minimum capacity (e.g., double its capacity on the date that a
2 14 new separation requirement was established). Finally, it
2 15 authorizes expansion by replacing an unformed (earthen) manure
2 16 storage structure with a formed (concrete) manure storage
2 17 structure.
2 18 CHANGES. This bill applies when a person acquires common
2 19 ownership or management of two or more small animal feeding
2 20 operations which were exempt from the separation distance
2 21 requirements when constructed, but would have been subject to
2 22 the separation distance requirements if constructed under
2 23 common ownership or management because they are adjacent or
2 24 utilize a common system for manure storage. The bill provides
2 25 that in that case, all confinement feeding operation
2 26 structures which are part of the single confinement feeding
2 27 operation are deemed constructed on the date that the first
2 28 confinement feeding operation structure was constructed, and
2 29 must comply with the distance requirements applying to that
2 30 confinement feeding operation as provided in Code section
2 31 459.202. Otherwise, any confinement feeding operation may be
2 32 expanded as provided in current law.
2 33 PENALTIES APPLICABLE. According to Code section 459.602, a
2 34 person who violates a provision in the bill is subject to a
2 35 civil penalty provided in Code section 455B.109 established
3 1 according to a schedule established by the environmental
3 2 protection commission not to exceed $10,000.
3 3 LSB 1032HH 82
3 4 da:nh/je/5