Senate Study Bill 3222 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON FRAISE) A BILL FOR An Act providing separation distance requirements between 1 confinement feeding operation structures and public parks, 2 making penalties applicable, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6225XC (3) 83 da/rj

S.F. _____ Section 1. Section 459.202, subsection 3, unnumbered 1 paragraph 1, Code 2009, is amended to read as follows: 2 a. Except as provided in paragraph “b” and sections 459.203, 3 459.205, and 459.206, this subsection applies to confinement 4 feeding operation structures constructed on or after May 5 31, 1995, but prior to March 1, 2003; to the expansion of 6 confinement feeding operation structures constructed on 7 or after May 31, 1995, but prior to March 1, 2003; and to 8 the expansion of confinement feeding operation structures 9 constructed prior to May 31, 1995. 10 Sec. 2. Section 459.202, subsection 3, Code 2009, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . b. Except as provided in sections 459.203, 13 459.205, and 459.206, a confinement feeding operation structure 14 constructed or expanded as provided in paragraph “a” shall not 15 be expanded on or after the effective date of this Act within 16 five thousand two hundred eighty feet from a public park owned 17 or managed by the department, including under chapter 461A, or 18 by a political subdivision. 19 Sec. 3. Section 459.202, subsection 5, unnumbered paragraph 20 1, Code 2009, is amended to read as follows: 21 a. Except as provided in paragraph “b” and sections 459.203, 22 459.205, and 459.206, this subsection applies to confinement 23 feeding operation structures constructed on or after March 1, 24 2003, and to the expansion of confinement feeding operation 25 structures constructed on or after March 1, 2003. 26 Sec. 4. Section 459.202, subsection 5, Code 2009, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . b. Except as provided in sections 459.203, 29 459.205, and 459.206, all of the following apply: 30 (1) A confinement feeding operation structure constructed 31 or expanded on or after March 1, 2003, but prior to the 32 effective date of this Act, shall not be expanded on or after 33 the effective date of this Act, within five thousand two 34 hundred eighty feet from a public park owned or managed by the 35 -1- LSB 6225XC (3) 83 da/rj 1/ 4

S.F. _____ department, including under chapter 461A, or by a political 1 subdivision. 2 (2) A confinement feeding operation structure shall not 3 be constructed or expanded on or after the effective date of 4 this Act, within five thousand two hundred eighty feet from a 5 public park owned or managed by the department, including under 6 chapter 461A, or by a political subdivision. 7 Sec. 5. Section 459.203, subsection 1, Code 2009, is amended 8 to read as follows: 9 1. a. For a confinement feeding operation constructed 10 prior to January 1, 1999, any construction or expansion of 11 a confinement feeding operation structure complies with the 12 distance requirements applying to that structure as provided in 13 section 459.202, subsections 1 and 3. However, a confinement 14 feeding operation structure shall not be constructed or 15 expanded within five thousand two hundred eighty feet from a 16 public park owned or managed by the department, including under 17 chapter 461A, or by a political subdivision. 18 b. For a confinement feeding operation constructed on 19 or after January 1, 1999, but prior to March 1, 2003, any 20 construction or expansion of a confinement feeding operation 21 structure complies with the distance requirements applying to 22 that structure as provided in section 459.202, subsections 2 23 and 3. However, a confinement feeding operation structure 24 shall not be constructed or expanded within five thousand two 25 hundred eighty feet from a public park owned or managed by the 26 department, including under chapter 461A, or by a political 27 subdivision. 28 c. For a confinement feeding operation constructed on 29 or after March 1, 2003, any construction or expansion of a 30 confinement feeding operation structure complies with the 31 distance requirements applying to that structure as provided in 32 section 459.202, subsections 4 and 5. A confinement feeding 33 operation structure shall not be constructed or expanded within 34 five thousand two hundred eighty feet from a public park owned 35 -2- LSB 6225XC (3) 83 da/rj 2/ 4

S.F. _____ or managed by the department, including under chapter 461A, or 1 by a political subdivision. 2 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 EXPLANATION 5 BACKGROUND. This bill amends provisions in Code chapter 459 6 regulating confinement feeding operations and their associated 7 structures (confinement buildings, manure storage structures, 8 dry bedded confinement funding operation structures, and egg 9 washwater storage structures) by the department of natural 10 resources. 11 Code section 459.202 provides various separation distance 12 requirements between confinement feeding operation structures 13 and homes, schools, businesses, churches, and public use areas 14 which includes cemeteries and portions of public parks where 15 persons congregate. The amount of the separation distance 16 required depends upon: (1) when the confinement feeding 17 operation structure was constructed or expanded, and (2) the 18 size of the confinement feeding operation. 19 INCREASED SEPARATION DISTANCES FOR PUBLIC PARKS. The bill 20 requires a special one-mile separation between a confinement 21 feeding operation structure and a public park owned or managed 22 by the department or a political subdivision. It applies to 23 the expansion of an existing confinement feeding operation 24 structure and the construction of a new confinement feeding 25 operation structure without regard to size except for small 26 animal feeding operations. 27 EXCEPTIONS. Code section 459.203 provides that a 28 confinement feeding operation constructed or expanded prior 29 to the date that a distance requirement became effective 30 may continue to operate regardless of the new distance 31 requirement, and under certain circumstances may expand. One 32 condition specifies that a confinement feeding operation may 33 expand if its structures continue to meet the separation 34 distance requirements applicable when the confinement feeding 35 -3- LSB 6225XC (3) 83 da/rj 3/ 4

S.F. _____ operation was constructed. The bill overrides this exception, 1 by providing that a confinement feeding operation cannot 2 expand within the one-mile limit regardless of the date of 3 construction or expansion. 4 Code section 459.205 provides a number of general exceptions 5 to the separation distance requirements, including when: (1) 6 the confinement feeding operation qualifies as a small animal 7 feeding operation (having an animal unit capacity of 500 or 8 fewer animal units); (2) the neighboring titleholder benefiting 9 from separation distance executes a written waiver with the 10 titleholder of the land where the confinement feeding operation 11 structure is located; and (3) the object or location benefiting 12 from the separation distance requirement encroaches within 13 the separation distance. These exceptions would apply to the 14 special separation distance requirement for public parks. 15 Code section 459.206 provides an exception from the 16 separation distance requirements for a qualified confinement 17 feeding operation structure that treats manure using aeration. 18 The exception would apply to the special separation distance 19 requirement for public parks. 20 APPLICABLE PENALTIES. According to Code section 459.602, 21 a person who violates provisions relating to air quality 22 is subject to a civil penalty as provided in Code section 23 455B.109, which authorizes the environmental protection 24 commission to establish penalty amounts according to a schedule 25 not to exceed $10,000. 26 EFFECTIVE DATE. The bill takes effect upon enactment. 27 -4- LSB 6225XC (3) 83 da/rj 4/ 4