House File 2127 - Introduced HOUSE FILE 2127 BY STECKMAN , ANDERSON , KURTH , B. MEYER , MASCHER , ABDUL-SAMAD , HUNTER , STAED , WESSEL-KROESCHELL , WILBURN , SHIPLEY , LENSING , KRESSIG , GAINES , McCONKEY , BROWN-POWERS , and JAMES A BILL FOR An Act establishing a moratorium relating to the construction, 1 including expansion, of certain confinement feeding 2 operation structures, requesting an interim study committee, 3 and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5170YH (5) 88 da/ns
H.F. 2127 Section 1. NEW SECTION . 459.104 Moratorium —— confinement 1 feeding operation structures requiring construction permit. 2 1. Notwithstanding section 459.303 or any other provision 3 of law to the contrary, the department shall not approve an 4 application for a permit for the construction, including 5 expansion, of a confinement feeding operation structure. 6 2. Nothing in this section shall prohibit a person from 7 completing construction, including expansion, of a confinement 8 feeding operation structure if, prior to the effective date 9 of this Act, the person has begun construction, including 10 expansion, of the confinement feeding operation structure as 11 otherwise allowed under this chapter. 12 Sec. 2. INTERIM STUDY COMMITTEE —— CONFINEMENT FEEDING 13 OPERATION STRUCTURE PERMIT APPROVAL. The legislative council 14 is requested to establish an interim study committee to 15 consider methods to provide for greater public participation 16 in the process of approving or disapproving the construction, 17 including expansion, of confinement feeding operation 18 structures. The interim study committee shall consider methods 19 to provide for greater decision-making by county boards of 20 supervisors and by the reformation of the master matrix as 21 provided in section 459.305. If established, the interim study 22 committee shall submit a report to the general assembly by 23 January 10, 2021, which includes findings and recommendations. 24 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 25 importance, takes effect upon enactment. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 MORATORIUM. This bill amends Code chapter 459 (the “Animal 30 Agriculture Compliance Act”) by establishing a moratorium on 31 the construction, including expansion, of confinement feeding 32 operation structures (structures) such as buildings or manure 33 storage structures associated with the confinement feeding 34 operation. 35 -1- LSB 5170YH (5) 88 da/ns 1/ 2
H.F. 2127 The bill provides that during the period of the moratorium, 1 the department of natural resources is prohibited from 2 approving an application for a permit to construct a 3 structure. The bill does not prohibit a person from completing 4 construction if, prior to the effective date of the bill, the 5 person has begun the construction. 6 LEGISLATIVE STUDY. The bill requests that the legislative 7 council establish an interim committee to study methods to 8 increase greater public participation in the construction of 9 structures and submit a report to the general assembly by 10 January 10, 2021. 11 BACKGROUND. The department of natural resources regulates 12 confinement feeding operations. A confinement feeding 13 operation refers to an area in which certain animals associated 14 with agriculture are confined and fed and maintained under a 15 roof for 45 days or more in any 12-month period, and includes 16 associated structures including buildings and facilities used 17 to store manure. A permit to construct or expand a structure 18 is required if the structure is an unformed manure storage 19 structure (e.g., an anaerobic lagoon or earthen manure storage 20 structure) or the structure is associated with a confinement 21 feeding operation of a certain size based on a calculation 22 of its proposed animal unit capacity (AUC) which equals the 23 maximum number of animal units that may be maintained under 24 roof at any one time (Code section 459.102). A permit is 25 required if the confinement feeding operation would have an 26 AUC of 1,000 or more. In calculating AUC, each of various 27 types of animals are assigned a special equivalency factor. 28 For example, a butcher or breeding swine weighing more than 29 55 pounds has an equivalency factor of 0.4 animal units (Code 30 section 459.102). A confinement feeding operation proposed to 31 include one or more buildings with a capacity of 2,500 breeding 32 swine would be required to obtain a permit (2,500 x 0.4 = 1,000 33 AUC). 34 EFFECTIVE DATE. The bill takes effect upon enactment. 35 -2- LSB 5170YH (5) 88 da/ns 2/ 2