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
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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
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