House File 521 - Introduced HOUSE FILE 521 BY STAED A BILL FOR An Act providing for animal feeding operations, including by 1 providing for the zoning of structures, the regulation of 2 structures and operations, providing for property taxes, 3 making penalties applicable, and including effective date 4 and retroactive applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1316YH (6) 88 da/rn

H.F. 521 Section 1. Section 331.304A, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. a. A county shall not adopt or enforce county 3 legislation regulating a condition or activity occurring 4 on land used for the production, care, feeding, or housing 5 of animals unless the regulation of the production, care, 6 feeding, or housing of animals is expressly authorized by 7 state law. County legislation adopted in violation of this 8 section is void and unenforceable and any enforcement activity 9 conducted in violation of this section is void. A condition 10 or activity occurring on land used for the production, care, 11 feeding, or housing of animals includes but is not limited to 12 the construction, operation, or management of an animal feeding 13 operation, an animal feeding operation structure, or aerobic 14 structure, and to the storage, handling, or application of 15 manure or egg washwater. 16 b. Paragraph “a” does not apply to a confinement feeding 17 operations siting ordinance as provided in section 459.305A. 18 Sec. 2. Section 335.2, Code 2019, is amended to read as 19 follows: 20 335.2 Farms exempt. 21 1. Except to the extent required to implement section 22 335.27 , no ordinance adopted under this chapter applies to 23 land, farm houses, farm barns, farm outbuildings or other 24 buildings or structures which are primarily adapted, by reason 25 of nature and area, for use for agricultural purposes, while 26 so used. However, the ordinances may apply to any structure, 27 building, dam, obstruction, deposit or excavation in or on the 28 flood plains of any river or stream. 29 2. Subsection 1 does not apply to a confinement feeding 30 operations siting ordinance as provided in section 459.305A. 31 Sec. 3. Section 427.1, subsection 19, paragraph e, 32 subparagraph (1), Code 2019, is amended to read as follows: 33 (1) For the purposes of this subsection , “pollution-control 34 property” : 35 -1- LSB 1316YH (6) 88 da/rn 1/ 27

H.F. 521 (a) “Pollution-control property” means personal property or 1 improvements to real property, or any portion thereof, used 2 primarily to control or abate pollution of any air or water of 3 this state or used primarily to enhance the quality of any air 4 or water of this state and “recycling property” means personal 5 property or improvements to real property or any portion of 6 the property, used primarily in the manufacturing process and 7 resulting directly in the conversion of waste glass, waste 8 plastic, wastepaper products, waste paperboard, or waste wood 9 products into new raw materials or products composed primarily 10 of recycled material. In the event such property shall also 11 serve other purposes or uses of productive benefit to the owner 12 of the property, only such portion of the assessed valuation 13 thereof as may reasonably be calculated to be necessary for 14 and devoted to the control or abatement of pollution, to the 15 enhancement of the quality of the air or water of this state, 16 or for recycling shall be exempt from taxation under this 17 subsection . 18 (b) “Pollution-control property” or “recycling property” 19 does not include property used for purposes related to the 20 care and feeding of livestock as defined in section 169C.1, 21 except for property which is eligible for a family farm tax 22 credit as provided in chapter 425A. The exemption calculated 23 for pollution-control property or recycling property used for 24 the purpose of care and feeding of livestock and which is 25 eligible for a family farm tax credit is limited to the first 26 one hundred thousand dollars of the property’s assessed value. 27 Sec. 4. Section 459.102, subsection 14, Code 2019, is 28 amended to read as follows: 29 14. “Confinement feeding operation” means an animal feeding 30 operation in which animals are confined to areas which are 31 totally or partially roofed. 32 Sec. 5. Section 459.102, Code 2019, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 17A. “Contract livestock facility” means 35 -2- LSB 1316YH (6) 88 da/rn 2/ 27

H.F. 521 the same as defined in section 202.1. 1 NEW SUBSECTION . 17B. “Contract producer” means the same as 2 defined in section 202.1. 3 NEW SUBSECTION . 17C. “Contractor” means the same as defined 4 in section 202.1. 5 NEW SUBSECTION . 29A. “ Formed egg washwater storage 6 structure” means an egg washwater storage structure that has 7 walls and a floor constructed of concrete, concrete block, 8 wood, steel, or similar materials. 9 NEW SUBSECTION . 42A. “Production contract” means the same 10 as defined in section 202.1. 11 NEW SUBSECTION . 57A. “Unformed egg washwater storage 12 structure” means an egg washwater storage structure other than 13 a formed egg washwater storage structure. 14 Sec. 6. Section 459.103, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. Any provision referring generally to compliance with 17 the requirements of this chapter as applied to animal feeding 18 operations also includes compliance with requirements in 19 rules adopted by the commission pursuant to this section , 20 orders issued by the department as authorized under this 21 chapter , and the terms and conditions applicable to licenses, 22 certifications, permits, or manure management plans required 23 under subchapter III . However, for purposes of approving 24 or disapproving an application for a construction permit as 25 provided in section 459.304 , conditions for the approval of an 26 application based on results produced by a master matrix are 27 not requirements of this chapter until the department approves 28 or disapproves an application based on those results. 29 Sec. 7. NEW SECTION . 459.104 Confinement feeding operations 30 —— impaired waters. 31 1. As used in this section, unless the context otherwise 32 requires: 33 a. “Section 303(d) list” means the same as defined in 34 section 455B.171. 35 -3- LSB 1316YH (6) 88 da/rn 3/ 27

H.F. 521 b. “Subwatershed” means the same as defined in section 1 466B.2. 2 2. a. A person shall not construct, including expand, a 3 confinement feeding operation structure, if the confinement 4 feeding operation structure would be located in a subwatershed 5 that drains into a water body or water segment that has been 6 placed on the department’s section 303(d) list, regardless of 7 whether a total maximum daily load for that water body or water 8 segment has been developed. 9 b. The department shall not file or approve an application 10 for a permit to construct, including expand, a confinement 11 feeding operation structure, if the person could not construct 12 the confinement feeding operation structure under paragraph 13 “a” . 14 3. Subsection 2 does not apply to prevent a person from 15 constructing, including expanding, a confinement feeding 16 operation structure as otherwise provided in this subchapter, 17 if the confinement feeding operation structure is located in a 18 subwatershed that drains into a water body or water segment, 19 and the department does all of the following: 20 a. Removes the water body or water segment from the section 21 303(d) list. 22 b. Determines that the water body or water segment is 23 classified for a primary contact recreational use as provided 24 in 567 IAC 61.3. 25 4. Nothing in this section shall prohibit a person from 26 completing construction, including expansion, of a confinement 27 feeding operation structure, if prior to the effective date 28 of this Act, the person has begun construction, including 29 expansion, of the confinement feeding operation structure as 30 otherwise allowed under this chapter. 31 Sec. 8. NEW SECTION . 459.201A Reporting requirement —— 32 animals maintained at a confinement feeding operation. 33 The department may require the owner or operator of a 34 confinement feeding operation to submit one or more animals 35 -4- LSB 1316YH (6) 88 da/rn 4/ 27

H.F. 521 confined reports that contain information regarding the number 1 of animals maintained at the confinement feeding operation in a 2 manner and during a time period that the department determines 3 is relevant. The report shall present the information in 4 a manner that converts the number of animals maintained to 5 equivalent animal units. 6 Sec. 9. NEW SECTION . 459.301A Reporting requirement —— 7 animals maintained at a confinement feeding operation. 8 The department may require the owner or operator of a 9 confinement feeding operation to submit one or more animals 10 confined reports that contain information regarding the number 11 of animals maintained at the confinement feeding operation in a 12 manner and during a time period that the department determines 13 is relevant. The report shall present the information in 14 a manner that converts the number of animals maintained to 15 equivalent animal units. 16 Sec. 10. Section 459.303, subsection 1, paragraph a, Code 17 2019, is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (3) A confinement feeding operation 19 structure if constructed or expanded would exist within an area 20 of the state which the department classifies as prone to the 21 formation of sinkholes. 22 Sec. 11. Section 459.303, subsection 2, Code 2019, is 23 amended by striking the subsection. 24 Sec. 12. Section 459.303, subsection 3, paragraph b, Code 25 2019, is amended to read as follows: 26 b. A manure management plan as provided in section 459.312 27 and , a manure management plan filing fee as provided in section 28 459.400 , and evidence that a surety bond has been furnished to 29 the department as provided in section 459.312 . 30 Sec. 13. Section 459.303, subsection 3, Code 2019, is 31 amended by adding the following new paragraphs: 32 NEW PARAGRAPH . e. A statement acknowledging or denying 33 that the applicant and a contractor are parties to a production 34 contract, or are negotiating to be parties to a production 35 -5- LSB 1316YH (6) 88 da/rn 5/ 27

H.F. 521 contract. If the statement is an acknowledgment, the 1 application shall include all of the following: 2 (1) The name and mailing address of the contractor. 3 (2) Whether the applicant is a contract producer or is 4 negotiating to become a contract producer. 5 (3) Whether the confinement feeding operation structure if 6 constructed would be part of a confinement feeding operation 7 that may become a contract livestock facility. 8 NEW PARAGRAPH . f. A brief summary of the application 9 completed on a form prepared by the department in consultation 10 with the Iowa state association of counties. The completed 11 form shall at least include all of the following: 12 (1) The name and mailing address of the applicant. 13 (2) The type of animal to be maintained at the confinement 14 feeding operation classified by animal unit, if all proposed 15 confinement feeding operation structures were constructed. 16 (3) The maximum number of animals and the maximum number 17 of animal units to be maintained at the confinement feeding 18 operation, if all proposed confinement feeding operation 19 structures were constructed. 20 (4) A brief description of the location, type, and size of 21 each confinement feeding operation structure proposed to be 22 constructed. 23 NEW PARAGRAPH . g. A list containing the name and last known 24 mailing address of each person holding legal title to land 25 located within two miles of the confinement feeding operation 26 structure proposed to be constructed. The names and mailing 27 addresses may be the same as those shown in the records of 28 the county auditor of the county located within two miles of 29 the confinement feeding operation structure proposed to be 30 constructed. 31 Sec. 14. Section 459.303, subsection 4, Code 2019, is 32 amended by striking the subsection. 33 Sec. 15. Section 459.303, Code 2019, is amended by adding 34 the following new subsection: 35 -6- LSB 1316YH (6) 88 da/rn 6/ 27

H.F. 521 NEW SUBSECTION . 4A. If the application is for a permit 1 to expand a confinement feeding operation, the department may 2 require the applicant to submit an animals confined report as 3 described in section 459.301A. 4 Sec. 16. Section 459.303, subsection 7, Code 2018, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . c. The department shall not issue a 7 permit to a person under this section if a surety bond 8 furnished to the department under section 459.312 has 9 expired, been canceled, been suspended, or been revoked. 10 This paragraph applies to a permit for the construction of a 11 confinement feeding operation structure regardless of whether 12 the confinement feeding operation structure is part of a 13 confinement feeding operation described in the bond. 14 Sec. 17. NEW SECTION . 459.305A County control of siting. 15 1. A county may adopt a confinement feeding operations 16 siting ordinance. The purpose of the ordinance is to allow 17 the county board of supervisors to approve or disapprove 18 the location of any construction, including expansion, of a 19 confinement feeding operation within the county. 20 2. A person shall not construct a confinement feeding 21 operation in a county that has adopted a confinement feeding 22 operations siting ordinance until the county board of 23 supervisors has approved the location of the confinement 24 feeding operation in a manner and according to procedures 25 required in the ordinance. 26 a. The county board of supervisors may subject its 27 approval to conditions for the construction or operation of 28 the confinement feeding operation or the application of manure 29 originating from the confinement feeding operation. 30 b. A person required to be issued a permit by the department 31 for the construction of a confinement feeding operation as 32 provided in section 459.303 must be issued such permit prior to 33 obtaining approval by the county board of supervisors. 34 c. A county board of supervisors may base its approval or 35 -7- LSB 1316YH (6) 88 da/rn 7/ 27

H.F. 521 disapproval on factors other than factors considered by the 1 department when approving or disapproving an application to 2 construct the confinement feeding operation. 3 3. A county may adopt county legislation necessary to 4 effectuate the purposes of this section notwithstanding section 5 331.304A or 335.2. 6 Sec. 18. Section 459.307, subsection 4, Code 2019, is 7 amended by striking the subsection. 8 Sec. 19. Section 459.308, subsection 3, Code 2019, is 9 amended by striking the subsection. 10 Sec. 20. NEW SECTION . 459.309 Manure storage structures —— 11 notice of structural failure. 12 1. The owner or operator of a confinement feeding operation 13 shall notify the department of the structural failure of a 14 manure storage structure that is part of the confinement 15 feeding operation, regardless of whether it is a failure in 16 design or construction or whether such failure may result in a 17 violation of section 459.311. 18 2. The owner or operator of a confinement feeding operation 19 shall notify the department of a probable immediate structural 20 failure of a manure storage structure that is part of a 21 confinement feeding operation, as described in subsection 1. 22 The determination of a probable immediate structural failure 23 shall be based on factors established by the department which 24 may include any of the following: 25 a. An observation by the owner or operator of the 26 confinement feeding operation that the integrity of the 27 structure has been compromised. 28 b. An observation by the owner or operator of the 29 confinement feeding operation that a discharge from the manure 30 storage structure appears to have occurred. 31 c. A verbal or written report made to the owner or operator 32 of the confinement feeding operation by a professional engineer 33 based on the professional engineer’s inspection of the manure 34 storage structure. 35 -8- LSB 1316YH (6) 88 da/rn 8/ 27

H.F. 521 3. The department shall adopt rules providing notice 1 procedures, including when and how the owner or operator of 2 the confinement feeding operation is required to contact the 3 department. 4 a. The department may provide for different procedures based 5 on factors established by the department that quantify the 6 level of threat to water quality resulting from a structural 7 failure as described in subsection 1 or a probable immediate 8 structural failure as described in subsection 2. The factors 9 may include but are not limited to any of the following: 10 (1) The type and size of the confinement feeding operation 11 structure. 12 (2) The proximity of any discharge or probable immediate 13 discharge to the groundwater, a major water source, or a 14 high-quality water source. 15 (3) Whether the confinement feeding operation structure is 16 located on karst terrain. 17 b. The department may provide for different procedures 18 based on whether the structural failure has caused or may cause 19 injury or suffering to an animal maintained in a confinement 20 building that is associated with a manure storage structure. 21 Sec. 21. NEW SECTION . 459.309 Construction and expansion of 22 animal feeding operation structures —— karst terrain or terrain 23 that drains into a known sinkhole. 24 1. A person shall not construct or expand an animal feeding 25 operation structure on karst terrain or terrain that drains 26 into a known sinkhole. 27 2. Subsection 1 does not apply to any of the following: 28 a. The construction of a formed manure storage structure 29 that is constructed to replace an unformed manure storage 30 structure. The formed manure storage structure must 31 be constructed in a manner that complies with upgraded 32 construction design standards necessary to ensure that the 33 structure does not pollute groundwater sources. However, the 34 capacity of all replacement formed manure storage structures 35 -9- LSB 1316YH (6) 88 da/rn 9/ 27

H.F. 521 shall not exceed the capacity required to store all manure from 1 the animal feeding operation on the effective date of this Act. 2 b. The construction of a formed egg washwater storage 3 structure that is constructed to replace an unformed egg 4 washwater storage structure. The formed egg washwater storage 5 structure must be constructed in a manner that complies with 6 upgraded construction design standards necessary to ensure that 7 the structure does not pollute groundwater sources. However, 8 the capacity of all replacement formed egg washwater storage 9 structures shall not exceed the capacity required to store 10 all egg washwater from the animal feeding operation on the 11 effective date of this Act. 12 3. a. If an unformed manure storage structure was 13 constructed on karst terrain or terrain that drains into a 14 known sinkhole prior to the effective date of this Act, there 15 must be a twenty-five-foot vertical separation distance between 16 the bottom of the unformed manure storage structure and any 17 underlying limestone, dolomite, or other soluble rock. The 18 unformed manure storage structure must have been constructed 19 according to construction design standards necessary to ensure 20 that the structure does not pollute groundwater sources. 21 b. A formed manure storage structure constructed on karst 22 terrain or terrain that drains into a known sinkhole prior to 23 the effective date of this Act, must have been constructed 24 according to construction design standards necessary to ensure 25 that the structure does not pollute groundwater sources. 26 Sec. 22. NEW SECTION . 459.309B Sinkholes. 27 If the confinement feeding operation structure is to be 28 constructed or expanded within an area of the state which the 29 department classifies as prone to the formation of sinkholes, a 30 statement by a qualified geologist verifying that there is a 31 low probability that a sinkhole if formed would exist within 32 the applicable separation distance between the sinkhole and 33 confinement feeding operation structure as otherwise required 34 pursuant section 459.310. 35 -10- LSB 1316YH (6) 88 da/rn 10/ 27

H.F. 521 Sec. 23. Section 459.311D, Code 2019, is amended by striking 1 the section and inserting in lieu thereof the following: 2 459.311D Stockpiling dry manure on karst terrain or terrain 3 that drains into a known sinkhole. 4 1. Except as provided in this section, a person shall not 5 stockpile dry manure on karst terrain or in an area that drains 6 into a known sinkhole. 7 2. A person who stockpiled dry manure on karst terrain 8 or in an area that drains into a known sinkhole prior to the 9 effective date of this Act may continue to stockpile the dry 10 manure at the same location so long as the person complies with 11 all of the following: 12 a. There is a vertical separation distance of at least five 13 feet between the bottom of the stockpile and the underlying 14 limestone, dolomite, or other soluble rock. 15 b. The dry manure is stockpiled in a qualified stockpile 16 structure. 17 c. The person does not expand the volume or weight of dry 18 manure. 19 d. A person shall discontinue stockpiling dry manure at 20 that same location on and after July 1, 2027, unless the 21 person obtains a waiver by the department upon such terms and 22 conditions required by the department. The department shall 23 only grant a waiver if the department is satisfied that the 24 stockpiled dry manure does not pollute groundwater sources. 25 Sec. 24. NEW SECTION . 459.311F Outstanding Iowa waters. 26 A person shall not construct or expand a confinement feeding 27 operation structure in a watershed with a hydrologic unit 28 code scale 12 or smaller, if the watershed constitutes an 29 outstanding state resource, including waters of exceptional 30 recreational or ecological significance, as designated by the 31 department. 32 Sec. 25. Section 459.312, subsection 1, paragraph a, 33 subparagraph (1), Code 2019, is amended by striking the 34 subparagraph. 35 -11- LSB 1316YH (6) 88 da/rn 11/ 27

H.F. 521 Sec. 26. Section 459.312, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6A. The department shall not approve an 3 original manure management plan or an updated manure management 4 plan, unless it is accompanied with evidence that a surety bond 5 has been furnished to the department by a surety. However, the 6 department may approve an original manure management plan on 7 the condition that the bond be furnished prior to the date that 8 manure is stored in the manure storage structure described in 9 the manure management plan. 10 a. The surety must be a business entity organized or formed 11 in this state or otherwise authorized to do business in this 12 state as a surety company and be approved by the department 13 according to criteria established by the department. The bond 14 shall be in the amount of ten million dollars. 15 b. The bond shall run to the state, and guarantee payment 16 to the state of costs directly attributable to a violation of 17 section 459.311 that causes a discharge of manure from a manure 18 storage structure as described in the manure management plan. 19 The costs shall be limited to any of the following: 20 (1) The reimbursement of moneys expended by the state, a 21 political subdivision, or an agent of the state or a political 22 subdivision, for reasonable costs of providing for containment 23 or cleanup. The reimbursement may cover costs associated with 24 cleaning up the confinement feeding operation and remediating 25 contamination which originates from the confinement feeding 26 operation, pursuant to sections 455B.381 through 455B.399. 27 (2) The restoration of wild animal populations or habitat, 28 to the extent that any payment received under the bond is not 29 duplicative of a restitution payment received by the state 30 under section 481A.151. 31 (3) Payment of a judgment award recovered by a person in a 32 civil action for actual property damages, including reasonable 33 attorney’s fees. The bond shall be open to successive judgment 34 awards caused by the same violation. 35 -12- LSB 1316YH (6) 88 da/rn 12/ 27

H.F. 521 c. The total and aggregate liability of the surety for all 1 claims by the state arising from the violation shall be limited 2 to the face of the bond. 3 d. The bond shall not expire until sixty days after 4 expiration of the manure management plan. The surety shall 5 not cancel the bond without providing for at least forty-five 6 days’ notice by certified mail to the department and the 7 owner required to submit the manure management plan. When 8 the department receives a notice of cancellation, and a bond 9 is still required, the department shall automatically suspend 10 the manure management plan if the department does not receive 11 a replacement bond within thirty days of the delivery of the 12 notice of cancellation. If a replacement bond is not furnished 13 to the department within ten days following the suspension, the 14 department shall automatically revoke the manure management 15 plan. In addition, the department shall disapprove all pending 16 permit applications for the construction of a confinement 17 feeding operation structure filed with the department by the 18 owner as provided in section 459.303. 19 Sec. 27. Section 459.312, subsection 10, Code 2019, is 20 amended by adding the following new paragraph: 21 NEW PARAGRAPH . 0a. The average number of animal units 22 maintained at the confinement feeding operation during a period 23 established by the department. 24 Sec. 28. Section 459.319, subsection 2, Code 2019, is 25 amended by adding the following new paragraph: 26 NEW PARAGRAPH . c. A person who stockpiles dry manure on 27 karst terrain or in an area that drains into a known sinkhole. 28 Sec. 29. Section 459A.102, subsection 28, Code 2019, is 29 amended to read as follows: 30 28. “Open feedlot operation” or “operation” means an 31 unroofed or partially roofed animal feeding operation if crop, 32 vegetation, or forage growth or residue cover is not maintained 33 as part of the animal feeding operation during the period that 34 animals are confined in the animal feeding operation and the 35 -13- LSB 1316YH (6) 88 da/rn 13/ 27

H.F. 521 animals have unrestricted access to any structure . 1 Sec. 30. Section 459A.102, Code 2019, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 31A. “Qualified stockpile structure” means 4 the same as defined in section 459.102. 5 Sec. 31. NEW SECTION . 459A.106 Open feedlot operations and 6 small animal truck wash facilities —— impaired waters. 7 1. As used in this section, unless the context otherwise 8 requires: 9 a. “Section 303(d) list” means the same as defined in 10 section 455B.171. 11 b. “Subwatershed” means the same as defined in section 12 466B.2. 13 2. a. A person shall not construct, including expand, a 14 structure, if the structure would be located in a subwatershed 15 that drains into a water body or water segment that has been 16 placed on the department’s section 303(d) list, regardless of 17 whether a total maximum daily load for that water body or water 18 segment has been developed. 19 b. The department shall not file or approve an application 20 for a permit to construct, including expand, a structure, if 21 the person could not construct the structure under paragraph 22 “a” . 23 3. Subsection 2 does not apply to prevent a person from 24 constructing, including expanding, a structure as otherwise 25 provided in this subchapter, if the structure is located in a 26 subwatershed that drains into a water body or water segment, 27 and the department does all of the following: 28 a. Removes the water body or water segment from the section 29 303(d) list. 30 b. Determines that the water body or water segment is 31 classified for a primary contact recreational use as provided 32 in 567 IAC 61.3. 33 4. Nothing in this section shall prohibit a person from 34 completing construction, including expansion, of a structure, 35 -14- LSB 1316YH (6) 88 da/rn 14/ 27

H.F. 521 if prior to the effective date of this Act, the person has 1 begun construction, including expansion, of the structure as 2 otherwise allowed under this chapter. 3 Sec. 32. NEW SECTION . 459A.107 Outstanding Iowa waters. 4 A person shall not construct or expand a structure in a 5 watershed with a hydrologic unit code scale 12 or smaller, 6 if the watershed constitutes an outstanding state resource, 7 including waters of exceptional recreational or ecological 8 significance, as designated by the department. 9 Sec. 33. NEW SECTION . 459A.107B Sinkholes. 10 If an open feedlot operation structure is to be constructed 11 or expanded within an area of the state which the department 12 classifies as prone to the formation of sinkholes, a statement 13 by a qualified geologist verifying that there is a low 14 probability that a sinkhole if formed would exist within 15 the applicable separation distance between the sinkhole and 16 structure as otherwise required pursuant to section 459.310. 17 Sec. 34. Section 459A.205, subsection 8, paragraph e, 18 subparagraph (2), Code 2019, is amended to read as follows: 19 (2) If an a formed animal truck wash effluent structure 20 is to be constructed on karst terrain as provided in section 21 459A.406A , the engineering report must establish that the 22 construction complies with the requirements of section 23 459A.404 . 24 Sec. 35. Section 459A.403, Code 2019, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 3. A person shall not stockpile solids on 27 karst terrain or in an area that drains into a known sinkhole 28 except as provided in section 459A.403A. 29 Sec. 36. NEW SECTION . 459A.403A Stockpiling solids on karst 30 terrain or terrain that drains into a known sinkhole —— open 31 feedlots and animal truck wash facility. 32 1. Except as provided in this section, a person shall not 33 stockpile solids on karst terrain or in an area that drains 34 into a known sinkhole. 35 -15- LSB 1316YH (6) 88 da/rn 15/ 27

H.F. 521 2. A person who stockpiled solids on karst terrain or in an 1 area that drains into a known sinkhole prior to the effective 2 date of this Act may continue to stockpile the solids at the 3 same location so long as the person complies with all of the 4 following: 5 a. There is a vertical separation distance of at least five 6 feet between the bottom of the stockpile and any underlying 7 limestone, dolomite, or other soluble rock. 8 b. The solids are stockpiled in a qualified stockpile 9 structure. 10 c. The person does not expand the volume or weight of 11 stockpiled solids. 12 d. A person stockpiling solids shall remove the solids and 13 apply them in accordance with the provisions of chapter 459, 14 including section 459.311 within six months after the solids 15 are first stockpiled. A person shall discontinue stockpiling 16 the solids at that same location on and after July 1, 2027, 17 unless the person obtains a waiver by the department upon 18 such terms and conditions required by the department. The 19 department shall only grant a waiver if the department is 20 satisfied that the stockpiled solids do not pollute groundwater 21 sources. 22 Sec. 37. Section 459A.404, subsection 5, Code 2019, is 23 amended by striking the subsection. 24 Sec. 38. NEW SECTION . 459A.406 Construction and expansion 25 of open feedlot operation structures —— karst terrain or terrain 26 that drains into a known sinkhole. 27 1. A person shall not construct or expand an open feedlot 28 operation structure on karst terrain or terrain that drains 29 into a known sinkhole. 30 2. If an open feedlot operation structure was constructed 31 on karst terrain or terrain that drains into a known sinkhole 32 prior to the effective date of this Act, there must be a 33 twenty-five-foot vertical separation distance between the 34 bottom of the open feedlot operation structure and any 35 -16- LSB 1316YH (6) 88 da/rn 16/ 27

H.F. 521 underlying limestone, dolomite, or other soluble rock. The 1 open feedlot operation structure must have been constructed 2 according to construction design standards necessary to ensure 3 the structure does not pollute groundwater sources. 4 Sec. 39. NEW SECTION . 459A.406A Construction and expansion 5 of animal truck wash effluent structures —— karst terrain or 6 terrain that drains into a known sinkhole. 7 1. A person shall not construct or expand an animal truck 8 wash effluent structure on karst terrain on and after the 9 effective date of this Act. 10 2. Subsection 1 does not apply to the construction 11 of a formed animal truck wash effluent structure that is 12 constructed to replace an unformed animal truck wash effluent 13 structure on karst terrain or terrain that drains into a known 14 sinkhole. The formed animal truck wash effluent structure 15 must be constructed in a manner that complies with upgraded 16 construction design standards necessary to ensure that the 17 structure does not pollute groundwater sources. However, the 18 capacity of all replacement formed animal truck wash effluent 19 structures shall not exceed the capacity required to store all 20 animal truck wash effluent from the animal truck wash facility 21 on the effective date of this Act. 22 3. a. If an unformed animal truck wash effluent structure 23 was constructed on karst terrain or terrain that drains into a 24 known sinkhole prior to the effective date of this Act, there 25 must be a twenty-five-foot vertical separation distance between 26 the bottom of the unformed animal truck wash effluent structure 27 and any underlying limestone, dolomite, or other soluble rock. 28 The unformed animal truck wash effluent structure must have 29 been constructed according to construction design standards 30 necessary to ensure the structure does not pollute groundwater 31 sources. 32 b. A formed animal truck wash effluent structure constructed 33 on karst terrain or terrain that drains into a known sinkhole 34 prior to the effective date of this Act, must have been 35 -17- LSB 1316YH (6) 88 da/rn 17/ 27

H.F. 521 constructed according to construction design standards 1 necessary to ensure that the structure does not pollute 2 groundwater sources. 3 Sec. 40. Section 459B.201, Code 2019, is amended to read as 4 follows: 5 459B.201 Construction design standards. 6 A person constructing a dry bedded confinement feeding 7 operation structure on karst terrain or in an alluvial aquifer 8 area shall comply with all of the following: 9 1. The person must construct the dry bedded confinement 10 feeding operation structure at a location where there is a 11 vertical separation distance of at least five feet between 12 the bottom of the floor of the dry bedded confinement feeding 13 operation structure and the underlying limestone, dolomite, or 14 other soluble rock in karst terrain or the underlying sand and 15 gravel aquifer in an alluvial aquifer area. 16 2. The person must construct the dry bedded confinement 17 feeding operation structure with a floor consisting of 18 reinforced concrete at least five inches thick. 19 Sec. 41. NEW SECTION . 459B.203 Karst terrain and terrain 20 that drains into a known sinkhole —— construction and expansion 21 of dry bedded confinement feeding operation structures. 22 1. A person shall not construct or expand a dry bedded 23 confinement feeding operation structure on karst terrain or 24 terrain that drains into a known sinkhole. 25 2. If a dry bedded confinement feeding operation structure 26 was constructed on karst terrain or terrain that drains into 27 a known sinkhole prior to the effective date of this Act, 28 there must be a five-foot vertical separation distance between 29 the bottom of the dry bedded confinement feeding operation 30 structure and any underlying limestone, dolomite, or other 31 soluble rock. The dry bedded confinement feeding operation 32 structure must have been constructed according to construction 33 design standards necessary to ensure the structure does not 34 pollute groundwater sources. 35 -18- LSB 1316YH (6) 88 da/rn 18/ 27

H.F. 521 Sec. 42. Section 459B.307, subsection 1, paragraph e, 1 unnumbered paragraph 1, Code 2019, is amended to read as 2 follows: 3 The person shall not stockpile dry bedded manure on karst 4 terrain or in an alluvial aquifer area unless the person 5 complies with all of the following: 6 Sec. 43. Section 459B.307, Code 2019, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 3. A person shall only stockpile dry bedded 9 manure on karst terrain or terrain that drains into a known 10 sinkhole as provided in section 459B.307A. 11 Sec. 44. NEW SECTION . 459B.307A Stockpiling dry bedded 12 manure on karst terrain or terrain that drains into a known 13 sinkhole. 14 1. Except as provided in this section, a person shall not 15 stockpile dry bedded manure on karst terrain or in an area that 16 drains into a known sinkhole. 17 2. A person who stockpiled dry bedded manure on karst 18 terrain or in an area that drains into a known sinkhole prior 19 to the effective date of this Act may continue to stockpile the 20 dry bedded manure at the same location so long as the person 21 complies with all of the following: 22 a. There is a vertical separation distance of at least five 23 feet between the bottom of the stockpile and any underlying 24 limestone, dolomite, or other soluble rock. 25 b. The dry bedded manure is stockpiled in a qualified 26 stockpile structure. 27 c. The person does not expand the volume or weight of 28 stockpiled dry bedded manure. 29 d. A person stockpiling dry bedded manure shall remove 30 the dry bedded manure and apply it in accordance with the 31 provisions of chapter 459, including section 459.311 within 32 six months after the dry bedded manure is first stockpiled. 33 A person shall discontinue stockpiling dry bedded manure at 34 that same location on and after July 1, 2027, unless the 35 -19- LSB 1316YH (6) 88 da/rn 19/ 27