HF 2083 (LSB 5214YH (7) 87)

HOUSE FILE 2083

BY  STECKMAN, HUNTER, STAED, MASCHER, JACOBY, OLDSON, BENNETT, MEYER, KURTH, and ANDERSON

A BILL FOR

An Act establishing a moratorium relating to the construction, including expansion, of structures that are part of certain confinement feeding operations where swine are kept, requesting an interim study committee, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  459.104  Moratorium —— confinement feeding operations in which swine are kept.
   1.  a.  The department shall not approve an application for a permit for the construction, including expansion, of a confinement feeding operation structure under this chapter, if the structure is part of a confinement feeding operation in which swine are kept.
   b.  A person shall not begin construction, including expansion, of a confinement feeding operation structure under this chapter, if the structure is part of a confinement feeding operation in which swine are kept. However, this paragraph does not apply to a confinement feeding operation which has an animal unit capacity of three hundred or fewer animal units.
   2.  Nothing in this section shall prohibit a person from completing construction, including expansion, of a confinement feeding operation structure, if prior to the effective date of this Act, the person has begun construction, including expansion, of the confinement feeding operation structure as otherwise allowed under this chapter.
    Sec. 2.  INTERIM STUDY COMMITTEE —— CONFINEMENT FEEDING OPERATION STRUCTURE PERMIT APPROVAL. The legislative council is requested to establish an interim study committee to consider methods to provide for greater public participation in the process of approving or disapproving the construction, including expansion, of confinement feeding operation structures which are part of confinement feeding operations where swine are kept. The interim study committee shall consider methods to provide for greater decision-making by county boards of supervisors and by the reformation of the master matrix as provided in section 459.305. If established, the interim study committee shall submit a report to the general assembly by January 11, 2019, which includes findings and recommendations.
    Sec. 3.  EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   MORATORIUM. This bill amends Code chapter 459 (the “Animal Agriculture Compliance Act”) by establishing a moratorium upon the construction, including expansion, of certain confinement feeding operation structures (structures) such as buildings or manure storage structures associated with the confinement feeding operation where swine are kept. The moratorium does not apply to a confinement feeding operation having an animal unit capacity of 300 or fewer animal units.
   The bill provides that during the period of the moratorium, the department of natural resources is prohibited from approving an application for a permit to construct a structure, and that a person is prohibited from beginning such construction. The bill does not prohibit a person from completing construction if, prior to the effective date of the bill, the person has begun the construction.
   LEGISLATIVE STUDY. The bill requests that the legislative council establish an interim committee to study methods to increase greater public participation in the construction of structures associated with swine production and submit a report to the general assembly by January 11, 2019.
   BACKGROUND. The department of natural resources regulates confinement feeding operations. A confinement feeding operation refers to an area in which certain animals associated with agriculture are confined and fed and maintained under a roof for 45 days or more in any 12-month period, and includes associated structures including buildings and facilities used to store manure. A permit to construct or expand a structure is required if the structure is an unformed manure storage structure (e.g., an anaerobic lagoon or earthen manure storage structure) or the structure is associated with a confinement feeding operation of a certain size based on a calculation of its proposed animal unit capacity (AUC) which equals the maximum number of animal units that may be maintained under roof at any one time (Code section 459.102). A permit is required if the confinement feeding operation would have an AUC of 1,000 or more. In calculating AUC, each of various types of animals are assigned a special equivalency factor. For example, a butcher or breeding swine weighing more than 55 pounds has an equivalency factor of 0.4 animal units (Code section 459.102). A confinement feeding operation proposed to include one or more buildings with a capacity of 2,500 breeding swine would be required to obtain a permit (2,500 x 0.4 = 1,000 AUC). In any case, a proposed confinement feeding operation having 755 such swine would be subject to the bill’s moratorium (755 x 0.4 = 302 AUC).
   EFFECTIVE DATE. The bill, if enacted, would take effect upon that date.