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