Senate File 2229 - Introduced SENATE FILE 2229 BY HANCOCK A BILL FOR An Act relating to confinement feeding operations, by providing 1 for common ownership and management of the operations and 2 the application of manure originating from operations on 3 snow covered or frozen ground, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5833XS (5) 83 da/rj

S.F. 2229 Section 1. Section 459.201, subsection 1, unnumbered 1 paragraph 1, Code 2009, is amended to read as follows: 2 Two or more animal feeding operations under common ownership 3 or management are deemed to be a single animal feeding 4 operation if they are adjacent or utilize a common system for 5 manure storage. 6 1A. For purposes of determining whether two or more 7 confinement feeding operations are adjacent, all of the 8 following must apply: 9 Sec. 2. Section 459.201, Code 2009, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 1B. a. For purposes of determining whether 12 two or more confinement feeding operations are under a person’s 13 common ownership, the person must hold an interest in each of 14 the confinement feeding operations as any of the following: 15 (1) A sole proprietor. 16 (2) A joint tenant or tenant in common. 17 (3) A holder of a majority equity interest in a business 18 association as defined in section 202B.102, including but not 19 limited to as a shareholder, partner, member, or beneficiary. 20 b. An interest in the confinement feeding operation under 21 paragraph “a” , subparagraph (2) or (3) which is held directly or 22 indirectly by the person’s spouse or dependent child shall be 23 attributed to the person. 24 NEW SUBSECTION . 1C. For purposes of determining whether 25 two or more confinement feeding operations are under a person’s 26 common management, the person must have significant control 27 of the management of the day-to-day operations of each of 28 the confinement feeding operations. Common management does 29 not include control over a contract livestock facility by a 30 contractor, as defined in section 202.1. 31 Sec. 3. Section 459.301, subsection 1, unnumbered paragraph 32 1, Code Supplement 2009, is amended to read as follows: 33 Two or more animal feeding operations under common ownership 34 or management are deemed to be a single animal feeding 35 -1- LSB 5833XS (5) 83 da/rj 1/ 4

S.F. 2229 operation if they are adjacent or utilize a common area or 1 system for manure disposal. 2 1A. In addition, for For purposes of determining whether two 3 or more confinement feeding operations are adjacent, all of the 4 following must apply: 5 Sec. 4. Section 459.301, Code Supplement 2009, is amended by 6 adding the following new subsections: 7 NEW SUBSECTION . 1B. a. For purposes of determining whether 8 two or more confinement feeding operations are under a person’s 9 common ownership, the person must hold an interest in each of 10 the confinement feeding operations as any of the following: 11 (1) A sole proprietor. 12 (2) A joint tenant or tenant in common. 13 (3) A holder of a majority equity interest in a business 14 association as defined in section 202B.102, including but not 15 limited to as a shareholder, partner, member, or beneficiary. 16 b. An interest in the confinement feeding operation under 17 paragraph “a” , subparagraph (2) or (3) which is held directly or 18 indirectly by the person’s spouse or dependent child shall be 19 attributed to the person. 20 NEW SUBSECTION . 1C. For purposes of determining whether 21 two or more confinement feeding operations are under a person’s 22 common management, the person must have significant control 23 of the management of the day-to-day operations of each of 24 the confinement feeding operations. Common management does 25 not include control over a contract livestock facility by a 26 contractor, as defined in section 202.1. 27 Sec. 5. Section 459.313A, Code Supplement 2009, is amended 28 by adding the following new subsection: 29 NEW SUBSECTION . 4. A confinement feeding operation 30 constructed before July 1, 2009, and not expanded after that 31 date is not required to construct or expand a manure storage 32 structure to comply with this section. 33 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 34 immediate importance, takes effect upon enactment. 35 -2- LSB 5833XS (5) 83 da/rj 2/ 4

S.F. 2229 EXPLANATION 1 BACKGROUND. This bill amends Code chapter 459, the 2 animal agriculture compliance Act (Code section 459.101), 3 and specifically subchapter II regulating air quality and 4 subchapter III regulating water quality regulations. 5 COMMON OWNERSHIP AND MANAGEMENT. Under both subchapters, 6 the scope of regulation may depend upon the size of the 7 confinement feeding operation, which applies to different 8 separation distance requirements (Code section 459.202) and 9 permit requirements (Code section 459.303). Two or more 10 confinement feeding operations under common ownership or 11 management may be deemed to be a single confinement feeding 12 operation if they are adjacent or either utilize a common 13 system for manure storage (Code section 459.201) or a common 14 area or system for manure disposal (Code section 459.301). 15 The bill provides that a person is a common owner when 16 holding an interest in each of the confinement feeding 17 operations as a sole proprietor, joint or common tenant, or 18 holder of an equity interest. An interest held by a spouse 19 or dependent child is attributable to the person. A person 20 is a common manager when exercising significant control of 21 the management over the day-to-day operations of each of the 22 confinement feeding operations (but does not include control 23 over contract livestock facilities). The bill’s provisions 24 are similar to those in Code chapter 459A regulating open 25 feedlot operations (Code section 459A.103) and Code chapter 26 459B regulating dry bedded confinement feeding operations (Code 27 section 459B.103). 28 APPLICATION OF MANURE ON SNOW COVERED GROUND AND FROZEN 29 GROUND. The bill amends Code section 459.313A which generally 30 prohibits a person from applying manure originating from a 31 confinement feeding operation on snow covered ground or frozen 32 ground, but does provide an exception if there is an emergency 33 and the manure is applied on land and according to procedures 34 to reduce risks associated with water pollution. This bill 35 -3- LSB 5833XS (5) 83 da/rj 3/ 4

S.F. 2229 provides that a confinement feeding operation constructed 1 before July 1, 2009, and not expanded after that date is not 2 required to construct or expand a manure storage structure in 3 order to comply with the prohibition, so long as it is not 4 expanded after that date. 5 PENALTIES. A person who violates air quality restrictions 6 is subject to a civil penalty as provided in Code section 7 455B.109, which authorizes the environmental protection 8 commission to establish civil penalty amounts according to 9 a schedule not to exceed $10,000 (Code section 459.602). A 10 person who violates water quality restrictions is subject 11 to civil penalties as provided in Code section 455B.109 or 12 455B.191 which include a judicially assessed civil penalty 13 of up to $5,000 per each day of the violation (Code section 14 459.603). Moneys collected from civil penalties are deposited 15 into the animal agriculture compliance fund (Code section 16 459.401). 17 EFFECTIVE DATE. The bill takes effect upon enactment. 18 -4- LSB 5833XS (5) 83 da/rj 4/ 4