House File 2534 - Introduced HOUSE FILE 2534 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 662) A BILL FOR An Act relating to animal feeding operations by regulating 1 shellfish, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6834HV (2) 91 da/js

H.F. 2534 Section 1. Section 459.102, subsection 4, Code 2026, is 1 amended to read as follows: 2 4. “Animal” means cattle, swine, horses, sheep, chickens, 3 turkeys, or fish , or shellfish . 4 Sec. 2. Section 459.102, subsection 7, Code 2026, is amended 5 by adding the following new paragraphs: 6 NEW PARAGRAPH . n. Shellfish weighing twenty-five 7 grams or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.001 8 NEW PARAGRAPH . o. Shellfish weighing less than 9 twenty-five grams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.00006 10 Sec. 3. Section 459.320, Code 2026, is amended to read as 11 follows: 12 459.320 Exception from regulation —— election for confinement 13 feeding operations confining fish or shellfish . 14 A person who exclusively confines fish or shellfish as part 15 of a confinement feeding operation may elect to comply with 16 the permitting requirements of section 455B.183 in lieu of the 17 permitting requirements of this subchapter . 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 BACKGROUND. An animal feeding operation (AFO) is regulated 22 by the department of natural resources (DNR) under several 23 Code chapters, including Code chapter 459 governing all AFOs, 24 which includes provisions regulating confinement feeding 25 operations, and Code chapter 459A, which includes selected 26 provisions regulating open feedlot operations. An AFO is 27 an area in which agricultural animals are confined for 45 28 days or more in any 12-month period, and all associated 29 structures used for the storage of manure or egg washwater. 30 For example, a confinement feeding operation must include 31 a structure that is a roofed building and a manure storage 32 structure used to store liquid manure originating from a 33 confinement feeding operation (see Code section 459.102). 34 Generally, these regulations provide both air quality and water 35 -1- LSB 6834HV (2) 91 da/js 1/ 3

H.F. 2534 quality standards, including requiring separation distances 1 between a structure and protected object or location (e.g., a 2 residence or a water source), the issuance of permits for the 3 construction or expansion of a structure, and plans filed with 4 DNR by the AFO’s owner or operator for the land application of 5 manure or effluent originating from an AFO. The regulations 6 apply differently depending on the AFO’s size (the number of 7 animals maintained at the AFO) and the species maintained there 8 (cattle, swine, sheep, horses, turkeys, chickens, or fish). 9 BACKGROUND —— ANIMAL UNITS. Specifically, DNR regulations 10 are calculated on the basis of animal units and specifically 11 animal unit capacity, which is the maximum number of animal 12 units that may be maintained as part of an AFO at any one time. 13 An animal species or two or more animal species (i.e., fish) 14 are included in a category and assigned an equivalency factor 15 based on the weight associated with animals assigned to that 16 category. Moreover, a category may be subdivided into two or 17 more subcategories each with separate equivalency factors again 18 based on weight (e.g., turkeys weighing 112 ounces or more and 19 turkeys weighing less than 112 ounces). The equivalency factor 20 for each category or subcategory is multiplied by the number of 21 head of animals associated with that category or subcategory. 22 BILL’S PROVISIONS. This bill includes a number of species 23 of animals that are referred to under the common name of 24 shellfish under two subcategories in the same manner as 25 current law includes a number of species of fish under two 26 categories. In both cases, the categories are divided into 27 subcategories based on weight and assigned the same equivalency 28 factors. When calculating the animal units for shellfish, one 29 shellfish weighing 25 grams or more equals 0.001 animal units 30 (1,000 shellfish x 0.001 = 1 animal unit) and one shellfish 31 weighing less than 25 grams equals 0.00006 animal units (16,667 32 shellfish x 0.00006 = 1 animal unit). 33 A person who exclusively confines shellfish as part of a 34 confinement feeding operation may elect to comply with the 35 -2- LSB 6834HV (2) 91 da/js 2/ 3

H.F. 2534 state’s general permitting requirements pertaining to water 1 quality in lieu of the permitting requirements applicable to 2 confinement feeding operations. 3 ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance 4 with a statutory regulation under Code chapter 459 includes 5 compliance with a rule adopted by DNR (Code section 459.103). 6 A person violating air quality regulations under Code chapter 7 459, subchapter II, is subject to an administrative assessment 8 of a civil penalty of up to $10,000 (Code section 459.602 9 referring to Code section 455B.109). A person violating a 10 water quality regulation under Code chapter 459, subchapter 11 III, is subject to the administrative assessment of a civil 12 penalty of up to $10,000 (Code section 459.603 referring to 13 Code section 455B.109) or a judicially assessed civil penalty 14 of up to $5,000 (Code section 459.603 referring to Code section 15 455B.191). 16 -3- LSB 6834HV (2) 91 da/js 3/ 3