Senate File 2381 - Introduced SENATE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3259) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to animal feeding operations, by providing for 2 open feedlot operations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6533SV 82 5 da/rj/24 PAG LIN 1 1 Section 1. Section 459A.103, subsection 3, Code 2007, is 1 2 amended to read as follows: 1 3 3. a. In calculating the animal unit capacity of an open 1 4 feedlot operation, the animal unit capacity shall not include 1 5 the animal unit capacity of any confinement feeding operation 1 6 building as defined in section 459.102, which is part of the 1 7 open feedlot operation. 1 8 b. Notwithstanding paragraph "a", only for purposes of 1 9 determining whether an open feedlot operation must obtain an 1 10 operating permit, the animal unit capacity of the animal 1 11 feeding operation includes the animal unit capacities of both 1 12 the open feedlot operation and the confinement feeding 1 13 operation if the animals in the open feedlot operation and the 1 14 confinement feeding operation are all in the same category or 1 15 type of animals as used in the definitions of large and medium 1 16 concentrated animal feeding operations in 40 C.F.R. pt. 122. 1 17 In all other respects the confinement feeding operation shall 1 18 be governed by chapter 459 and the open feedlot operation 1 19 shall be governed by this chapter. 1 20 Sec. 2. Section 459A.401, subsection 2, paragraph a, 1 21 unnumbered paragraph 1, Code Supplement 2007, is amended to 1 22 read as follows: 1 23 An open feedlot operation in compliance with the inspection 1 24 and recordkeeping requirements of 40 C.F.R. pt. 122 and 40 1 25 C.F.R. pt. 412 applicable to the operation may discharge open 1 26 feedlot effluent into any waters of the United States due to a 1 27 precipitation event, if any of the following apply: 1 28 EXPLANATION 1 29 Two principal Code chapters regulate animal feeding 1 30 operations. Code chapter 459 generally regulates animal 1 31 feeding operations, with the majority of its provisions 1 32 concerned with confinement feeding operations where animals 1 33 are confined in totally roofed areas. Code chapter 459A 1 34 regulates open feedlot operations where animals are otherwise 1 35 confined to areas where there is no vegetation or forage 2 1 materials. 2 2 This bill amends Code section 459A.103 which provides that 2 3 the size of an open feedlot as calculated using its animal 2 4 unit capacity (see Code section 459.102) does not include any 2 5 confinement feeding operation. The bill provides an exception 2 6 when determining whether the open feedlot operation must have 2 7 been issued an operating permit by the department. In that 2 8 case only, the animal unit capacity of the animal feeding 2 9 operation includes the animal unit capacities of both the open 2 10 feedlot operation and the confinement feeding operation, if 2 11 the animals in the open feedlot and confinement feeding 2 12 operation are in the same category of animals as provided by 2 13 federal law. The bill provides that for all other purposes, 2 14 the confinement feeding operation is to be governed by Code 2 15 chapter 459 and the open feedlot operation is to be governed 2 16 by Code chapter 459A. 2 17 The bill also amends Code section 459A.401 which provides 2 18 for the management of open feedlot effluent, by providing that 2 19 under certain conditions an open feedlot operation may 2 20 discharge the effluent into any waters of the state due to a 2 21 precipitation event. The bill provides that the open feedlot 2 22 operation must be in compliance with federal law including the 2 23 national pollutant discharge elimination system requirements 2 24 administered by the United States environmental protection 2 25 agency. 2 26 LSB 6533SV 82 2 27 da/rj/24