Senate Study Bill 3152 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON SWEENEY) A BILL FOR An Act relating to open feedlot operations, by providing 1 for the validity of nutrient management plans and updates 2 when classified as pending further action, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5960XC (1) 90 da/ns

S.F. _____ Section 1. Section 459A.102, subsection 25, Code 2024, is 1 amended to read as follows: 2 25. “Nutrient management plan” or “plan” means a plan which 3 complete document, including as part of an NPDES permit, 4 subject to approval by the department, that provides for the 5 management of open feedlot effluent , or animal truck wash 6 effluent, including the application of effluent , as provided in 7 section 459A.208 . 8 Sec. 2. Section 459A.102, Code 2024, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 25A. “Nutrient management plan update” or 11 “plan update” means a document, if required for approval by the 12 department, that contains changes to the last approved nutrient 13 management plan. 14 Sec. 3. Section 459A.208, Code 2024, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 3A. A nutrient management plan or nutrient 17 management plan update for an open feedlot operation is valid 18 pending further action as provided in section 459A.209. 19 Sec. 4. NEW SECTION . 459A.209 Nutrient management plan 20 valid pending further action —— open feedlot operations. 21 1. For an open feedlot operation, a nutrient management plan 22 or nutrient management plan update is valid pending further 23 action during any of the following periods: 24 a. When the department has not yet notified the owner 25 whether the department has decided to approve or disapprove a 26 plan or plan update. The plan or plan update remains valid 27 until the department takes further action by notifying the 28 owner that it has decided to approve or disapprove the plan or 29 plan update, subject to paragraph “c” . 30 b. When the department has notified the owner in error that 31 it has decided to approve a plan or plan update. The plan or 32 plan update remains valid until the department takes further 33 action by notifying the owner that it has decided to disapprove 34 the plan or plan update, subject to paragraph “c” . 35 -1- LSB 5960XC (1) 90 da/ns 1/ 4

S.F. _____ c. When the department has notified the owner that it has 1 decided to disapprove a plan or plan update, and the owner 2 takes further action by objecting to the department’s decision. 3 The plan or plan update remains valid until the earliest of any 4 of the following: 5 (1) The date after which the owner may no longer commence a 6 contested case proceeding regarding the department’s decision 7 as provided in section 17A.12. 8 (2) The date after which the owner may no longer file a 9 petition in district court seeking judicial review of the 10 department’s final decision as provided in section 17A.19. 11 (3) The date after which the owner may no longer obtain a 12 review of any final judgment of district court regarding the 13 department’s final decision as provided in section 17A.20. 14 2. This subsection shall not be construed to interfere with 15 a continuance granted by the department acting under state law, 16 the presiding officer acting in a contested case under chapter 17 17A, or a judicial officer acting in a judicial proceeding. 18 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 19 importance, takes effect upon enactment. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 BACKGROUND. This bill amends Code chapter 459A, which 24 authorizes the department of natural resources (DNR) to 25 regulate open feedlot operations, and which supplements 26 provisions in Code chapter 459 that authorize DNR to regulate 27 all animal feeding operations where animals are maintained 28 for 45 days or more in any 12-month period, if there is no 29 supporting crop, vegetation, or forage growth (Code sections 30 459.102 and 459A.102). An open feedlot operation (operation) 31 is an unroofed or partially roofed area. Specifically, Code 32 chapter 459A regulates effluent originating from the operation 33 which includes manure and precipitation-induced runoff, 34 liquids, solids, and process wastewater (567 IAC 65.112). 35 -2- LSB 5960XC (1) 90 da/ns 2/ 4

S.F. _____ The owner of an operation (owner) may also be required to 1 file a nutrient management plan (NMP) comparable to a manure 2 management plan under Code section 459.312. An NMP refers to 3 the original, complete document or the next complete version 4 of the document subject to DNR approval. It may also refer 5 to an annual update to the complete document as required by 6 DNR. An NMP and update must be kept on site as part of the 7 owner’s records. An NMP estimates effluent volume or weight 8 produced from the operation and addresses agronomic rates of 9 application in part based on nitrogen use and a phosphorus 10 index. Effluent cannot be removed from a structure that is 11 part of an operation that requires an NMP without DNR approving 12 the NMP or providing a waiver (Code section 459A.208). An NMP 13 is required for an operation having an animal unit capacity 14 of at least 1,000 animal units (AUC). For example, an NMP is 15 required for an operation maintaining 1,000 head of feeder 16 cattle (1,000 head x 1.0 AU per head = 1,000 AUC) (Code section 17 459A.102 referring to Code section 459.102). An NMP is also 18 required for an operation requiring a construction permit (Code 19 section 459A.205) or a permit issued by DNR under the national 20 pollutant discharge elimination system (NPDES) pursuant to the 21 federal Water Pollution Control Act. DNR has 60 days from 22 the date that it receives an NMP to approve or disapprove the 23 document (Code section 459.201A). An owner must submit a 24 complete NMP for DNR approval once every five years (567 IAC 25 65.112). 26 BILL’S PROVISIONS. The bill provides that an NMP (original 27 or next complete version) or update subject to DNR approval is 28 valid pending further action. Further action is limited to 29 three circumstances. The first circumstance is when DNR has 30 not notified the owner of its decision to approve or disapprove 31 an NMP or update. In that case, the NMP remains valid until DNR 32 notifies the owner of its decision. The second circumstance 33 is when DNR notifies the owner of its approval of an NMP or 34 update but the notice is in error. In that case, the NMP 35 -3- LSB 5960XC (1) 90 da/ns 3/ 4

S.F. _____ remains valid until DNR notifies the owner of the error. The 1 third circumstance is when DNR has notified the owner that it 2 has decided to disapprove the NMP or update, and the owner 3 objects to the DNR’s decision. In that case, the NMP remains 4 valid until the owner has exhausted administrative remedies and 5 judicial review. Finally, the bill provides that it is not to 6 be construed to interfere with a continuance granted by DNR, a 7 presiding officer in an administrative hearing, or a judge in 8 a judicial proceeding. 9 EFFECTIVE DATE. The bill takes effect upon enactment. 10 -4- LSB 5960XC (1) 90 da/ns 4/ 4