House
File
522
-
Introduced
HOUSE
FILE
522
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HF
287)
A
BILL
FOR
An
Act
providing
that
a
qualified
confinement
feeding
operation
1
may
utilize
an
anaerobic
digester
system
to
treat
manure,
2
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
459.102,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
“Anaerobic
digester
system”
means
3
a
manure
storage
structure
that
is
covered,
if
the
primary
4
function
of
the
manure
storage
structure
is
to
process
manure
5
by
employing
environmental
conditions
including
bacteria
to
6
break
down
organic
matter
in
the
absence
of
oxygen,
and
is
used
7
for
producing,
collecting,
and
utilizing
a
biogas.
8
Sec.
2.
Section
459.206,
subsection
2,
Code
2021,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
c.
A
qualified
confinement
feeding
operation
11
that
processes
manure
using
an
anaerobic
digester
system.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
GENERAL.
This
bill
amends
provisions
in
Code
chapter
459,
16
the
“Animal
Agriculture
Compliance
Act”
(Act)
(Code
section
17
459.101)
and
specifically
subchapter
II
which
regulates
18
air
quality.
The
department
of
natural
resources
(DNR)
19
regulates
confinement
feeding
operations
(operations)
including
20
associated
structures.
The
bill
provides
that
a
qualified
21
confinement
feeding
operation
(qualified
operation)
may
store
22
and
process
manure
from
the
qualified
operation
using
an
23
anaerobic
digester
system
(digester).
The
digester
would
be
24
an
alternative
to
the
current
requirement
that
a
qualified
25
operation
must
utilize
a
manure
storage
structure
that
(1)
26
employs
bacterial
action,
(2)
is
maintained
by
the
utilization
27
of
air
or
oxygen,
and
(3)
includes
aeration
equipment
(amended
28
Code
section
459.206).
A
digester
is
a
covered
manure
storage
29
structure
having
a
primary
function
to
process
manure
by
30
utilizing
bacteria
to
break
down
organic
matter
in
the
absence
31
of
oxygen
for
purposes
of
producing,
collecting,
and
utilizing
32
a
biogas.
33
SPECIAL
TERMS.
An
operation
is
a
roofed
area
in
which
34
animals
used
in
agricultural
production
are
kept
for
45
days
or
35
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more
in
any
12-month
period
(Code
section
459.102(4)
and
(14)).
1
A
qualified
operation
refers
to
an
operation
meeting
a
certain
2
animal
unit
(AU)
capacity
(AUC)
threshold
(e.g.,
for
a
swine
3
farrow-to-finish
operation,
5,400
or
more
AUs,
and
for
a
cattle
4
operation,
8,500
or
more
AUs)
(Code
section
459.102(46)).
In
5
calculating
the
AU,
a
special
equivalency
factor
is
assigned
6
for
each
classification
of
confined
animal
(Code
section
7
459.102(6)
and
(7)).
For
example,
swine
weighing
more
than
8
55
pounds
equal
.40
AU
each
and
slaughter
or
feeder
cattle
9
equal
1.00
AU
each.
A
manure
storage
structure
may
be
a
formed
10
or
unformed
structure
which
is
part
of
an
operation
subject
11
to
a
number
of
regulations
including
separation
distance
12
requirements
(Code
sections
459.202
and
459.203),
permitting
13
requirements
(Code
section
459.303),
and
construction
14
requirements
(Code
section
459.306
and
459.307).
15
ENFORCEMENT
AND
APPLICABLE
CIVIL
PENALTIES.
Compliance
with
16
a
statutory
regulation
under
the
Act
includes
compliance
with
a
17
rule
adopted
by
DNR
(Code
section
459.103).
A
civil
penalty
18
assessed
for
an
air
quality
violation
of
the
Act
(Code
section
19
459.602)
cannot
exceed
$10,000
for
each
violation
(Code
section
20
455B.109).
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