House File 2416 - Introduced HOUSE FILE 2416 BY CROKEN and WESSEL-KROESCHELL A BILL FOR An Act relating to the regulation of confinement feeding 1 operations, including by providing for partially roofed 2 structures and prohibiting the construction, including 3 expansion, of structures, making penalties applicable, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5215YH (2) 91 da/js

H.F. 2416 Section 1. Section 459.102, subsection 15, Code 2026, is 1 amended to read as follows: 2 15. “Confinement feeding operation” means an animal feeding 3 operation in which animals are confined to areas which that are 4 totally or partially roofed. 5 Sec. 2. NEW SECTION . 459.104 Moratorium —— confinement 6 feeding operation structures. 7 1. Notwithstanding any provision of this chapter or any 8 other provision of law to the contrary, a person shall not 9 construct, including expand, a confinement feeding operation 10 structure. 11 2. Subsection 1 does not apply to a confinement feeding 12 operation structure that is part of a small animal feeding 13 operation. 14 3. This section does not prohibit a person from completing 15 construction, including expansion, of a confinement feeding 16 operation structure if, prior to the effective date of this 17 Act, the person has begun construction, including expansion, 18 of the confinement feeding operation structure as otherwise 19 allowed under this chapter. 20 4. a. When the department of natural resources determines 21 there are fewer than one hundred water bodies in Iowa included 22 on the section 303(d) list of impaired waters as provided in 23 sections 455B.193 through 455B.195, the department shall submit 24 that determination as a notice for publication in the Iowa 25 administrative bulletin not later than thirty days after making 26 that determination. 27 b. This section is repealed thirty days after the 28 publication date of the issue of the Iowa administrative 29 bulletin that includes the notice described in paragraph “a” . 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 31 importance, takes effect upon enactment. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5215YH (2) 91 da/js 1/ 3

H.F. 2416 BILL’S PROVISIONS. This bill amends Code chapter 459 1 (the “Animal Agriculture Compliance Act”) (Code section 2 459.101), which regulates confinement feeding operations by 3 the department of natural resources (DNR). The bill revises 4 the definition of “confinement feeding operation” to include 5 an operation that is partially roofed (amended Code section 6 459.102(15)). The bill also prohibits the construction, 7 including expansion, of a confinement feeding operation 8 structure. Such a structure includes a confinement building, a 9 manure storage structure, or an egg washwater structure. The 10 bill provides an exception that allows construction if the new 11 structure is part of a small animal feeding operation. The 12 bill does not prohibit a person from completing construction if 13 the person had begun construction prior to the effective date 14 of the bill. 15 The bill’s provision establishing the moratorium is 16 eliminated 30 days after a notice is published in the Iowa 17 administrative bulletin stating that DNR has determined that 18 there are fewer than 100 water bodies included in the section 19 303(d) list of impaired waters in the state. Every two years, 20 DNR compiles a list of the state’s impaired waters (section 21 303(d) list) for approval by the environmental protection 22 agency. State statute requires DNR to use credible data when 23 determining whether any water body of the state is to be placed 24 on or removed from the section 303(d) list (Code sections 25 455B.193 through 455B.195). 26 BACKGROUND —— ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. 27 Compliance with a statutory regulation under Code chapter 459 28 includes compliance with a rule adopted by the department of 29 natural resources (Code section 459.103). A person violating 30 air quality regulations under Code chapter 459, subchapter 31 II, is subject to an administrative assessment of a civil 32 penalty of up to $10,000 (Code sections 459.602 and 455B.109). 33 A person violating a water quality regulation under Code 34 chapter 459, subchapter III, is subject to the administrative 35 -2- LSB 5215YH (2) 91 da/js 2/ 3

H.F. 2416 assessment of a civil penalty of up to $10,000 (Code sections 1 459.603 and 455B.109) or a judicially assessed civil penalty of 2 up to $5,000 (Code sections 459.603 and 455B.191). 3 EFFECTIVE DATE. The bill takes effect upon enactment. 4 -3- LSB 5215YH (2) 91 da/js 3/ 3