House File 444 - Introduced



                                      HOUSE FILE       
                                      BY  GASKILL, WHITAKER, R. OLSON,
                                          JOCHUM, and BUKTA


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

                                      A BILL FOR

  1 An Act establishing a moratorium relating to the construction of
  2    structures that are part of confinement feeding operations
  3    where swine are kept, requesting an interim study committee,
  4    and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2327HH 82
  7 da/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  459.104  MORATORIUM ==
  1  2 CONFINEMENT FEEDING OPERATIONS IN WHICH SWINE ARE KEPT.
  1  3    1.  a.  The department shall not approve an application for
  1  4 a permit for the construction of a confinement feeding
  1  5 operation structure that is part of a confinement feeding
  1  6 operation in which swine are kept.
  1  7    b.  A person shall not begin construction of a confinement
  1  8 feeding operation structure that is part of a confinement
  1  9 feeding operation in which swine are kept.
  1 10    2.  Nothing in this section shall prohibit a person from
  1 11 completing construction of a confinement feeding operation
  1 12 structure, if prior to the effective date of this Act, the
  1 13 person has done all of the following:
  1 14    a.  Obtained a permit for the construction of the
  1 15 confinement feeding operation structure from the department if
  1 16 required pursuant to section 459.303.
  1 17    b.  Begun construction of the confinement feeding operation
  1 18 structure.
  1 19    Sec. 2.  INTERIM STUDY COMMITTEE == CONFINEMENT FEEDING
  1 20 OPERATION STRUCTURE CONSTRUCTION APPROVAL.  The legislative
  1 21 council is requested to establish an interim study committee
  1 22 to consider methods to provide for greater public
  1 23 participation in the process of approving or disapproving the
  1 24 construction of confinement feeding operation structures which
  1 25 are part of confinement feeding operations where swine are
  1 26 kept.  The interim study committee may consider methods to
  1 27 provide for greater decision=making by county boards of
  1 28 supervisors and by the reformation of the master matrix as
  1 29 provided in section 459.305.  If established, the interim
  1 30 study committee may submit a report to the general assembly by
  1 31 January 10, 2008, which includes findings and recommendations.
  1 32    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  1 33 immediate importance, takes effect upon enactment.
  1 34                           EXPLANATION
  1 35    This bill amends Code chapter 459 (the Animal Agriculture
  2  1 Compliance Act) by establishing a moratorium upon the
  2  2 construction of a structure such as a building or manure
  2  3 storage facility, referred to as a confinement feeding
  2  4 operation structure, associated with a confinement feeding
  2  5 operation where swine are kept.
  2  6    The bill provides that during the period of the moratorium,
  2  7 the department of natural resources is prohibited from
  2  8 approving an application for a permit for the construction of
  2  9 such a confinement feeding operation structure, and that a
  2 10 person is prohibited from beginning construction of the
  2 11 confinement feeding operation structure.  The bill does not
  2 12 prohibit a person from completing construction of a
  2 13 confinement feeding operation structure if, prior to the
  2 14 effective date of the bill, the person has obtained a permit
  2 15 for the construction and has begun construction.
  2 16    The bill requests that the legislative council establish an
  2 17 interim committee to study methods to increase a greater
  2 18 public participation in the construction of confinement
  2 19 feeding operation structures associated with swine production.
  2 20    The bill takes effect upon enactment.
  2 21 LSB 2327HH 82
  2 22 da:nh/es/88