House File 407 - Introduced HOUSE FILE 407 BY STAED A BILL FOR An Act relating to confinement feeding operations, including 1 by establishing a moratorium, requiring the department of 2 natural resources to adjust compliance fees, requiring the 3 department to submit a report to the general assembly, 4 making penalties applicable, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2557YH (2) 88 da/rn
H.F. 407 Section 1. NEW SECTION . 459.104 Moratorium —— confinement 1 feeding operations. 2 1. a. Notwithstanding sections 459.303 and 459.304, the 3 department shall not accept or approve an application for a 4 permit to construct a confinement feeding operation structure 5 that is a part of a confinement feeding operation. 6 b. A person shall not begin construction of a confinement 7 feeding operation structure that is a part of a confinement 8 feeding operation. 9 2. Subsection 1 does not apply to any of the following: 10 a. A confinement feeding operation structure that is part 11 of a confinement feeding operation that has an animal unit 12 capacity of 300 or fewer animal units. 13 b. A confinement feeding operation structure, if 14 construction of the structure began prior to the effective date 15 of this Act. 16 c. The construction of an egg washwater storage structure 17 that is part of the confinement feeding operation. 18 d. The construction of a dry bedded confinement feeding 19 operation structure that is part of a dry bedded confinement 20 feeding operation as provided in chapter 459B. 21 e. The construction of a confinement feeding operation 22 structure, for which a variance has been granted. However, in 23 order to grant a variance, the department must determine that 24 all of the following apply: 25 (1) The confinement feeding operation structure replaces an 26 existing confinement feeding operation structure. 27 (2) The animal weight capacity or animal unit capacity, 28 whichever is applicable, of the confinement feeding operation 29 is not increased. 30 (3) The capacity of all manure storage structures is not 31 increased. 32 (4) An unformed manure storage structure does not replace an 33 existing manure storage structure. 34 (5) The construction of a replacement formed manure storage 35 -1- LSB 2557YH (2) 88 da/rn 1/ 5
H.F. 407 structure that complies with standards established pursuant to 1 section 459.307. 2 (6) The construction of the confinement feeding operation 3 structure complies with all applicable requirements that would 4 otherwise apply to the construction. 5 (7) The replacement confinement feeding operation structure 6 if it is more likely than not to provide a higher degree of 7 environmental protection than the replaced confinement feeding 8 operation structure. 9 j. The replaced confinement feeding operation structure must 10 be closed as required by the department, but not later than 11 six months after the replacement confinement feeding operation 12 structure is constructed. 13 3. a. For purposes of this section, the construction of 14 a confinement feeding operation includes the expansion of the 15 structure. 16 b. Notwithstanding sections 459.201 and 459.301, for 17 purposes of this section, a confinement feeding operation 18 structure begins construction when a concrete foundation or 19 floor of a structure has been poured. 20 Sec. 2. NEW SECTION . 459.105 Proposed budget —— annual 21 stakeholder meeting. 22 1. The department shall prepare a proposed budget for each 23 fiscal year beginning on or after July 1, 2019, that includes 24 all of the following: 25 a. The amount of all moneys appropriated or available to 26 fully support the department’s administration and enforcement 27 of this chapter for the following fiscal year. 28 b. Any necessary adjustment to the amount of one or more 29 compliance fees described in section 459.400 for deposit in 30 the animal agriculture compliance fund as provided in section 31 459.401. However, this subsection does not require that any 32 account in the fund have a zero ending balance at the end of the 33 fiscal year. 34 c. An estimate of all expenditures from the animal 35 -2- LSB 2557YH (2) 88 da/rn 2/ 5
H.F. 407 agriculture compliance fund to be expended for reasonable 1 direct and indirect costs of fully administering and enforcing 2 this chapter. 3 2. The department shall invite interested persons to 4 participate as stakeholders and convene an annual stakeholder 5 meeting prior to June 1 to review the department’s proposed 6 budget for the following fiscal year. The department shall 7 consider any recommendations of the stakeholders when computing 8 its final budget for the following fiscal year. A person 9 attending a stakeholder meeting is not entitled to receive 10 a per diem as specified in section 7E.6 and shall not be 11 reimbursed for expenses incurred while attending the meeting. 12 3. Notwithstanding section 459.400, the department 13 shall establish a final annual budget for the fiscal year, 14 including any adjustments to the fee amounts, based on its 15 estimated budget and after considering any recommendations of 16 stakeholders at the annual stakeholder meeting. 17 4. The department shall prepare a report to be submitted 18 to the governor and general assembly not later than January 19 4, 2021, that recommends the appropriate amount of moneys 20 required to pay for all reasonable direct and indirect costs of 21 administering and enforcing this chapter. 22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 GENERAL. This bill amends Code chapter 459 (the “Animal 28 Agriculture Compliance Act”) regulated by the department of 29 natural resources (DNR) by establishing a moratorium upon the 30 construction, including expansion, of a confinement feeding 31 operation structure (structure) such as buildings or manure 32 storage structure associated with a confinement feeding 33 operation (operation). The degree of regulation is based on 34 a number of factors including the date the operations were 35 -3- LSB 2557YH (2) 88 da/rn 3/ 5
H.F. 407 established, the type of structure being constructed, and 1 the operation’s size determined according to its animal unit 2 capacity (AUC). The bill also requires DNR to establish 3 an annual budget that provides for fully administering 4 and enforcing the Code chapter, including by adjusting the 5 statutory amount assessed for each compliance fee (fee) that is 6 deposited in the animal agriculture compliance fund (fund). 7 MORATORIUM. The moratorium applies to DNR’s acceptance or 8 approval of applications for permits to construct a structure 9 and to the construction of such structure (when concrete 10 is poured to form its floor or foundation) regardless of 11 whether a permit has been issued. A number of exceptions 12 apply, including for operations having an AUC of 300 or fewer 13 animal units, dry bedded confinement feeding operations (where 14 manure is stored as dry bedded manure rather than liquid), the 15 construction of an egg washwater storage structure, and the 16 construction of a structure pursuant to a variance granted by 17 DNR for a replacement structure so long as the operation’s 18 AUC or its manure storage capacity is not increased, and the 19 structure provides a higher degree of environmental protection 20 than the replaced structure. 21 DNR ANNUAL BUDGET AND REPORT. The bill requires DNR to 22 prepare an estimated budget that calculates the total amount 23 of moneys appropriated and available to fully fund DNR’s 24 administration and enforcement of the Code chapter for each 25 fiscal year beginning on or after July 1, 2019. The estimated 26 budget must include any necessary adjustment to the amount of 27 fees it assesses for deposit in the fund. DNR is required to 28 conduct an annual stakeholder meeting held prior to June 1 of 29 each year in order to consider DNR’s estimated budget which 30 becomes final on July 1, the beginning of the next fiscal year. 31 DNR must submit a report to the governor and general assembly 32 by January 4, 2021, that includes a recommendation for an 33 appropriate funding level. 34 PENALTIES APPLICABLE. A person who violates subchapter III 35 -4- LSB 2557YH (2) 88 da/rn 4/ 5
H.F. 407 of the Code chapter, regulating water quality, is subject to 1 a range of civil penalties not to exceed $10,000, which is 2 administratively enforced by DNR under the Iowa administrative 3 procedures Act (Code chapter 17A). Alternatively, a judicial 4 action may be brought against a person by the attorney general 5 with a civil penalty not to exceed $5,000 for each day of such 6 violation (Code section 459.603 referring to Code sections 7 455B.109 and 455B.191). 8 EFFECTIVE DATE. The bill, if enacted, would take effect upon 9 enactment. 10 -5- LSB 2557YH (2) 88 da/rn 5/ 5