HOUSE FILE 2051

BY  IVERSON

A BILL FOR

An Act relating to confinement feeding operations confining fish, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.102, subsection 3, Code 2011, is amended to read as follows:
   3.  “Animal” means a species classified as cattle, swine, horses, sheep, chickens, or turkeys, or fish.
    Sec. 2.  Section 459.102, subsection 6, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Fish0.001
    Sec. 3.  NEW SECTION.  459.320  Exception from regulation  election for confinement feeding operations confining fish.
   A person who exclusively confines fish as part of a confinement feeding operation may elect to comply with the permitting requirements of section 455B.183 in lieu of the permitting requirements of this subchapter.
EXPLANATION
   This bill amends the law which provides for the regulation of animal feeding operations, including confinement feeding operations, by the department of natural resources (Code chapter 459), by changing the definition of “animal” to include fish. Generally, the law provides a number of restrictions upon owners of animal feeding operations including those impacting the construction and expansion of structures and the application of manure. The law also provides a number of exceptions from those regulations, including for small animal feeding operations. The bill also adds a new exception, by providing that a person who exclusively confines fish as part of a confinement feeding operation may elect to comply with the state’s general permitting requirements pertaining to water quality (Code section 455B.183) in lieu of the permitting requirements applicable to animal feeding operations.
   A person who violates the bill is subject to civil penalties (Code sections 455B.109, 459.602, and 459.603) amounting to up to $10,000 for a single violation.