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.TheFor 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