Senate Study Bill 3259 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON FRAISE)


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

                                      A BILL FOR

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