SSB 3152 (LSB 5960XC (1) 90)

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 for the validity of nutrient management plans and updates when classified as pending further action, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459A.102, subsection 25, Code 2024, is amended to read as follows:
   25.  “Nutrient management plan” or “plan” means a plan which complete document, including as part of an NPDES permit, subject to approval by the department, that provides for the management of open feedlot effluent, or animal truck wash effluent, including the application of effluent, as provided in section 459A.208.
    Sec. 2.  Section 459A.102, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  25A.  “Nutrient management plan update” or “plan update” means a document, if required for approval by the department, that contains changes to the last approved nutrient management plan.
    Sec. 3.  Section 459A.208, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  A nutrient management plan or nutrient management plan update for an open feedlot operation is valid pending further action as provided in section 459A.209.
    Sec. 4.  NEW SECTION.  459A.209  Nutrient management plan valid pending further action —— open feedlot operations.
   1.  For an open feedlot operation, a nutrient management plan or nutrient management plan update is valid pending further action during any of the following periods:
   a.  When the department has not yet notified the owner whether the department has decided to approve or disapprove a plan or plan update. The plan or plan update remains valid until the department takes further action by notifying the owner that it has decided to approve or disapprove the plan or plan update, subject to paragraph “c”.
   b.  When the department has notified the owner in error that it has decided to approve a plan or plan update. The plan or plan update remains valid until the department takes further action by notifying the owner that it has decided to disapprove the plan or plan update, subject to paragraph “c”.
   c.  When the department has notified the owner that it has decided to disapprove a plan or plan update, and the owner takes further action by objecting to the department’s decision. The plan or plan update remains valid until the earliest of any of the following:
   (1)  The date after which the owner may no longer commence a contested case proceeding regarding the department’s decision as provided in section 17A.12.
   (2)  The date after which the owner may no longer file a petition in district court seeking judicial review of the department’s final decision as provided in section 17A.19.
   (3)  The date after which the owner may no longer obtain a review of any final judgment of district court regarding the department’s final decision as provided in section 17A.20.
   2.  This subsection shall not be construed to interfere with a continuance granted by the department acting under state law, the presiding officer acting in a contested case under chapter 17A, or a judicial officer acting in a judicial proceeding.
    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. This bill amends Code chapter 459A, which authorizes the department of natural resources (DNR) to regulate open feedlot operations, and which supplements provisions in Code chapter 459 that authorize DNR to regulate all animal feeding operations where animals are maintained for 45 days or more in any 12-month period, if there is no supporting crop, vegetation, or forage growth (Code sections 459.102 and 459A.102). An open feedlot operation (operation) is an unroofed or partially roofed area. Specifically, Code chapter 459A regulates effluent originating from the operation which includes manure and precipitation-induced runoff, liquids, solids, and process wastewater (567 IAC 65.112). The owner of an operation (owner) may also be required to file a nutrient management plan (NMP) comparable to a manure management plan under Code section 459.312. An NMP refers to the original, complete document or the next complete version of the document subject to DNR approval. It may also refer to an annual update to the complete document as required by DNR. An NMP and update must be kept on site as part of the owner’s records. An NMP estimates effluent volume or weight produced from the operation and addresses agronomic rates of application in part based on nitrogen use and a phosphorus index. Effluent cannot be removed from a structure that is part of an operation that requires an NMP without DNR approving the NMP or providing a waiver (Code section 459A.208). An NMP is required for an operation having an animal unit capacity of at least 1,000 animal units (AUC). For example, an NMP is required for an operation maintaining 1,000 head of feeder cattle (1,000 head x 1.0 AU per head = 1,000 AUC) (Code section 459A.102 referring to Code section 459.102). An NMP is also required for an operation requiring a construction permit (Code section 459A.205) or a permit issued by DNR under the national pollutant discharge elimination system (NPDES) pursuant to the federal Water Pollution Control Act. DNR has 60 days from the date that it receives an NMP to approve or disapprove the document (Code section 459.201A). An owner must submit a complete NMP for DNR approval once every five years (567 IAC 65.112).
   BILL’S PROVISIONS. The bill provides that an NMP (original or next complete version) or update subject to DNR approval is valid pending further action. Further action is limited to three circumstances. The first circumstance is when DNR has not notified the owner of its decision to approve or disapprove an NMP or update. In that case, the NMP remains valid until DNR notifies the owner of its decision. The second circumstance is when DNR notifies the owner of its approval of an NMP or update but the notice is in error. In that case, the NMP remains valid until DNR notifies the owner of the error. The third circumstance is when DNR has notified the owner that it has decided to disapprove the NMP or update, and the owner objects to the DNR’s decision. In that case, the NMP remains valid until the owner has exhausted administrative remedies and judicial review. Finally, the bill provides that it is not to be construed to interfere with a continuance granted by DNR, a presiding officer in an administrative hearing, or a judge in a judicial proceeding.
   EFFECTIVE DATE. The bill takes effect upon enactment.