House File 98 



                                           HOUSE FILE       
                                           BY  ANDERSON and SWAIM


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

                                      A BILL FOR

  1 An Act establishing an environmental design and construction
  2    program for open animal feeding operations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1522HH 82
  5 da/cf/24

PAG LIN



  1  1                             PART 22
  1  2    Section 1.  NEW SECTION.  15.411  DEFINITIONS.
  1  3    As used in this part, unless the context otherwise
  1  4 requires:
  1  5    1.  "Animal" means the same as defined in section 459.102.
  1  6    2.  "Animal feeding operation" means the same as defined in
  1  7 section 459.102.
  1  8    3.  "Open animal feeding operation" means an animal feeding
  1  9 operation other than a confinement feeding operation as
  1 10 defined in section 459.102.
  1 11    4.  "Open feedlot operation" means the same as defined in
  1 12 section 459A.102.
  1 13    5.  "Open feedlot operation structure" means the same as
  1 14 defined in section 459A.102.
  1 15    6.  "Program" means the environmental design and
  1 16 construction program for open animal feeding operations as
  1 17 provided in section 15.412.
  1 18    Sec. 2.  NEW SECTION.  15.412  ENVIRONMENTAL DESIGN AND
  1 19 CONSTRUCTION PROGRAM FOR OPEN ANIMAL FEEDING OPERATIONS.
  1 20    1.  There is established an environmental design and
  1 21 construction program for open animal feeding operations under
  1 22 the administration of the department.
  1 23    2.  In administering the program, the department shall
  1 24 cooperate with all of the following:
  1 25    a.  The department of natural resources.
  1 26    b.  The state soil conservation committee and the soil
  1 27 conservation division of the department of agriculture and
  1 28 land stewardship pursuant to chapters 161A and 161C.
  1 29    c.  The agricultural development authority as provided in
  1 30 chapter 175.
  1 31    d.  The watershed improvement review board as provided in
  1 32 chapter 466A.
  1 33    3.  The purpose of the program is to promote rural
  1 34 development in this state and preserve or improve the quality
  1 35 of water sources in this state.  The department shall award
  2  1 grants to be used exclusively for the design, installation,
  2  2 construction, expansion, or improvement of systems which
  2  3 properly utilize animal manure as a nutrient source and to
  2  4 protect the water resources of the state from animal manure or
  2  5 a combination of manure and precipitation=induced runoff
  2  6 originating from open animal feeding operations.  The systems
  2  7 may include any of the following:
  2  8    a.  An open feedlot operation structure which meets or
  2  9 exceeds all applicable requirements as provided in chapter
  2 10 459A.
  2 11    b.  Water protection practices, including but not limited
  2 12 to the establishment of native grasses and forbs, structures
  2 13 to prevent groundwater pollution from sinkholes, and buffer
  2 14 strips or erosion control structures.
  2 15    4.  The department shall establish criteria for persons to
  2 16 qualify for a grant under the program.  In order to
  2 17 participate in the program, all of the following must apply:
  2 18    a.  The person is an owner or operator of an existing open
  2 19 animal feeding operation or is beginning the establishment of
  2 20 an open animal feeding operation.
  2 21    b.  The person shall apply to the department in a manner
  2 22 and according to procedures required by the department and
  2 23 execute any agreement with the department according to the
  2 24 terms and conditions required by the department or negotiated
  2 25 by the parties.
  2 26                           EXPLANATION
  2 27    This bill establishes an environmental design and
  2 28 construction program for open animal feeding operations under
  2 29 the administration of the department of economic development.
  2 30 An open animal feeding operation is a lot, yard, corral,
  2 31 building, or other area in which animals are confined and fed
  2 32 and maintained for 45 days or more in any 12=month period, and
  2 33 all structures used for the storage of manure from animals in
  2 34 the operation (Code section 459.102).  It includes an open
  2 35 feedlot operation where crop, vegetation, or forage growth or
  3  1 residue cover is not maintained in the enclosed area where the
  3  2 animals are kept (Code section 459A.102).  However, it does
  3  3 not include a confinement feeding operation in which animals
  3  4 are confined to areas which are totally roofed (Code section
  3  5 459.102).  It does not include a manure storage structure such
  3  6 as an anaerobic lagoon associated with confinement feeding
  3  7 operations.
  3  8    The bill provides that in administering the program, the
  3  9 department must cooperate with a number of agencies including:
  3 10 (1) the department of natural resources; (2) the state soil
  3 11 conservation committee and the soil conservation division of
  3 12 the department of agriculture and land stewardship; (3) the
  3 13 agricultural development authority; and (4) the watershed
  3 14 improvement review board.
  3 15    According to the bill, the purpose of the program is to
  3 16 promote rural development in this state and improve water
  3 17 quality practices by providing grants to assist qualified
  3 18 persons in the design, installation, construction, expansion,
  3 19 or improvement of manure control systems.  This includes an
  3 20 open feedlot operation structure such as a settled open
  3 21 feedlot effluent basin, a solids settling facility, or an
  3 22 alternative technology system.  It may also include water
  3 23 protection practices, including but not limited to the
  3 24 establishment of native grasses and forbs, sinkhole
  3 25 management, and the establishment of buffer strips or erosion
  3 26 control structures.
  3 27 LSB 1522HH 82
  3 28 da:nh/cf/24