House File 81HOUSE FILE BY ANDERSON 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 1835HH 83 5 da/nh/24 PAG LIN 1 1 Section 1. NEW SECTION. 15.431 DEFINITIONS. 1 2 As used in this part, unless the context otherwise 1 3 requires: 1 4 1. "Animal" means the same as defined in section 459.102. 1 5 2. "Animal feeding operation" means the same as defined in 1 6 section 459.102. 1 7 3. "Open animal feeding operation" means an animal feeding 1 8 operation other than a confinement feeding operation as 1 9 defined in section 459.102. 1 10 4. "Open feedlot operation" means the same as defined in 1 11 section 459A.102. 1 12 5. "Open feedlot operation structure" means the same as 1 13 defined in section 459A.102. 1 14 6. "Program" means the environmental design and 1 15 construction program for open animal feeding operations as 1 16 provided in section 15.432. 1 17 Sec. 2. NEW SECTION. 15.432 ENVIRONMENTAL DESIGN AND 1 18 CONSTRUCTION PROGRAM FOR OPEN ANIMAL FEEDING OPERATIONS. 1 19 1. There is established an environmental design and 1 20 construction program for open animal feeding operations under 1 21 the administration of the department. 1 22 2. In administering the program, the department shall 1 23 cooperate with all of the following: 1 24 a. The department of natural resources. 1 25 b. The state soil conservation committee and the soil 1 26 conservation division of the department of agriculture and 1 27 land stewardship pursuant to chapters 161A and 161C. 1 28 c. The agricultural development authority as provided in 1 29 chapter 175. 1 30 d. The watershed improvement review board as provided in 1 31 chapter 466A. 1 32 3. The purpose of the program is to promote rural 1 33 development in this state and preserve or improve the quality 1 34 of water sources in this state. The department shall award 1 35 grants to be used exclusively for the design, installation, 2 1 construction, expansion, or improvement of systems which 2 2 properly utilize animal manure as a nutrient source and to 2 3 protect the water resources of the state from animal manure or 2 4 a combination of manure and precipitation=induced runoff 2 5 originating from open animal feeding operations. The systems 2 6 may include any of the following: 2 7 a. An open feedlot operation structure which meets or 2 8 exceeds all applicable requirements as provided in chapter 2 9 459A. 2 10 b. Water protection practices, including but not limited 2 11 to the establishment of native grasses and forbs, structures 2 12 to prevent groundwater pollution from sinkholes, and buffer 2 13 strips or erosion control structures. 2 14 4. The department shall establish criteria for persons to 2 15 qualify for a grant under the program. In order to 2 16 participate in the program, all of the following must apply: 2 17 a. The person is an owner or operator of an existing open 2 18 animal feeding operation or is beginning the establishment of 2 19 an open animal feeding operation. 2 20 b. The person shall apply to the department in a manner 2 21 and according to procedures required by the department and 2 22 execute any agreement with the department according to the 2 23 terms and conditions required by the department or negotiated 2 24 by the parties. 2 25 EXPLANATION 2 26 This bill establishes an environmental design and 2 27 construction program for open animal feeding operations under 2 28 the administration of the department of economic development. 2 29 An open animal feeding operation is a lot, yard, corral, 2 30 building, or other area in which animals are confined and fed 2 31 and maintained for 45 days or more in any 12=month period, and 2 32 all structures used for the storage of manure from animals in 2 33 the operation (Code section 459.102). It includes an open 2 34 feedlot operation where crop, vegetation, or forage growth or 2 35 residue cover is not maintained in the enclosed area where the 3 1 animals are kept (Code section 459A.102). However, it does 3 2 not include a confinement feeding operation in which animals 3 3 are confined to areas which are totally roofed (Code section 3 4 459.102). It does not include a manure storage structure such 3 5 as an anaerobic lagoon associated with confinement feeding 3 6 operations. 3 7 The bill provides that in administering the program, the 3 8 department must cooperate with a number of agencies including: 3 9 (1) the department of natural resources; (2) the state soil 3 10 conservation committee and the soil conservation division of 3 11 the department of agriculture and land stewardship; (3) the 3 12 agricultural development authority; and (4) the watershed 3 13 improvement review board. 3 14 According to the bill, the purpose of the program is to 3 15 promote rural development in this state and improve water 3 16 quality practices by providing grants to assist qualified 3 17 persons in the design, installation, construction, expansion, 3 18 or improvement of manure control systems. This includes an 3 19 open feedlot operation structure such as a settled open 3 20 feedlot effluent basin, a solids settling facility, or an 3 21 alternative technology system. It may also include water 3 22 protection practices, including but not limited to the 3 23 establishment of native grasses and forbs, sinkhole 3 24 management, and the establishment of buffer strips or erosion 3 25 control structures. 3 26 LSB 1835HH 83 3 27 da/nh/24