Senate File 518 - Introduced SENATE FILE 518 BY CELSI (COMPANION TO HF 203 BY STECKMAN) 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 1860XS (2) 88 da/rn
S.F. 518 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 10, 2020, 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 1860XS (2) 88 da/rn 1/ 3
S.F. 518 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 (structures) such as buildings 7 or manure storage structures associated with the confinement 8 feeding operation where swine are kept. The moratorium does 9 not apply to a confinement feeding operation having an animal 10 unit 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 permit to construct a 14 structure, and that a person is prohibited from beginning 15 such construction. The bill does not prohibit a person from 16 completing construction if, prior to the effective date of the 17 bill, the person has begun the construction. 18 LEGISLATIVE STUDY. The bill requests that the legislative 19 council establish an interim committee to study methods to 20 increase greater public participation in the construction of 21 structures associated with swine production and submit a report 22 to the general assembly by January 10, 2020. 23 BACKGROUND. The department of natural resources regulates 24 confinement feeding operations. A confinement feeding 25 operation refers to an area in which certain animals associated 26 with agriculture are confined and fed and maintained under a 27 roof for 45 days or more in any 12-month period, and includes 28 associated structures including buildings and facilities used 29 to store manure. A permit to construct or expand a structure 30 is required if the structure is an unformed manure storage 31 structure (e.g., an anaerobic lagoon or earthen manure storage 32 structure) or the structure is associated with a confinement 33 feeding operation of a certain size based on a calculation 34 of its proposed animal unit capacity (AUC) which equals the 35 -2- LSB 1860XS (2) 88 da/rn 2/ 3
S.F. 518 maximum number of animal units that may be maintained under 1 roof at any one time (Code section 459.102). A permit is 2 required if the confinement feeding operation would have an 3 AUC of 1,000 or more. In calculating AUC, each of various 4 types of animals are assigned a special equivalency factor. 5 For example, a butcher or breeding swine weighing more than 6 55 pounds has an equivalency factor of 0.4 animal units (Code 7 section 459.102). A confinement feeding operation proposed to 8 include one or more buildings with a capacity of 2,500 breeding 9 swine would be required to obtain a permit (2,500 x 0.4 = 1,000 10 AUC). In any case, a proposed confinement feeding operation 11 having 755 such swine would be subject to the bill’s moratorium 12 (755 x 0.4 = 302 AUC). 13 EFFECTIVE DATE. The bill, if enacted, would take effect upon 14 that date. 15 -3- LSB 1860XS (2) 88 da/rn 3/ 3