Senate File 2008 - Introduced SENATE FILE 2008 BY D. JOHNSON A BILL FOR An Act establishing a moratorium relating to the construction, 1 including expansion, of structures that are part of 2 certain confinement feeding operations where swine are 3 kept, requesting an interim study committee, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5214XS (6) 87 da/rn

S.F. 2008 Section 1. NEW SECTION . 459.104 Moratorium —— confinement 1 feeding operations in which swine are kept. 2 1. a. The department shall not approve an application 3 for a permit for the construction, including expansion, of a 4 confinement feeding operation structure under this chapter, if 5 the structure is part of a confinement feeding operation in 6 which swine are kept. 7 b. A person shall not begin construction, including 8 expansion, of a confinement feeding operation structure under 9 this chapter, if the structure is part of a confinement feeding 10 operation in which swine are kept. However, this paragraph 11 does not apply to a confinement feeding operation which has an 12 animal unit capacity of three hundred or fewer animal units. 13 2. Nothing in this section shall prohibit a person from 14 completing construction, including expansion, of a confinement 15 feeding operation structure, if prior to the effective date 16 of this Act, the person has begun construction, including 17 expansion, of the confinement feeding operation structure as 18 otherwise allowed under this chapter. 19 Sec. 2. INTERIM STUDY COMMITTEE —— CONFINEMENT FEEDING 20 OPERATION STRUCTURE PERMIT APPROVAL. The legislative council 21 is requested to establish an interim study committee to 22 consider methods to provide for greater public participation 23 in the process of approving or disapproving the construction, 24 including expansion, of confinement feeding operation 25 structures which are part of confinement feeding operations 26 where swine are kept. The interim study committee shall 27 consider methods to provide for greater decision-making by 28 county boards of supervisors and by the reformation of the 29 master matrix as provided in section 459.305. If established, 30 the interim study committee shall submit a report to the 31 general assembly by January 11, 2019, which includes findings 32 and recommendations. 33 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -1- LSB 5214XS (6) 87 da/rn 1/ 3

S.F. 2008 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 MORATORIUM. This bill amends Code chapter 459 (the animal 4 agriculture compliance Act) by establishing a moratorium upon 5 the construction, including expansion, of certain confinement 6 feeding operation structures such as buildings or manure 7 storage structures associated with the confinement feeding 8 operation where swine are kept. The moratorium does not apply 9 to a confinement feeding operation having an animal unit 10 capacity of 300 or fewer animal units. 11 The bill provides that during the period of the moratorium, 12 the department of natural resources is prohibited from 13 approving an application for a construction permit, and that 14 a person is prohibited from beginning such construction. The 15 bill does not prohibit a person from completing construction 16 if, prior to the effective date of the bill, the person has 17 begun the construction. 18 LEGISLATIVE STUDY. The bill requests that the legislative 19 council establish an interim committee to study methods to 20 increase a greater public participation in the construction 21 of confinement feeding operation structures associated with 22 swine production and submit a report to the general assembly by 23 January 11, 2019. 24 BACKGROUND. A confinement feeding operation refers to any 25 area in which certain animals associated with agriculture 26 are confined and fed and maintained under a roof for 45 27 days or more in any 12-month period, and includes associated 28 structures including building and facilities used to store 29 manure. A permit to construct or expand a structure is 30 required for a confinement feeding operation of a certain size 31 based on a calculation of its proposed animal unit capacity 32 (AUC) which equals the maximum number of animal units that 33 may be maintained under roof at any one time (Code section 34 459.102). Each of various types of animals are assigned a 35 -2- LSB 5214XS (6) 87 da/rn 2/ 3

S.F. 2008 special equivalency factor. For example, a butcher or breeding 1 swine weighing more than 55 pounds has an equivalency factor 2 of 0.4 animal units (Code section 459.102). For example, a 3 confinement feeding operation proposed to include one or more 4 buildings with a capacity of 1,400 breeding swine would be 5 required to obtain a permit (1,400 x 0.4 = 560 AUC). A proposed 6 confinement feeding operation having a capacity of 750 such 7 swine would be exempt from the moratorium (750 x 0.4 = 300 8 AUC). 9 EFFECTIVE DATE. The bill, if enacted, would take effect upon 10 that date. 11 -3- LSB 5214XS (6) 87 da/rn 3/ 3