HF 2534 (LSB 6834HV (2) 91)

HOUSE FILE 2534

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 662)

A BILL FOR

An Act relating to animal feeding operations by regulating shellfish, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.102, subsection 4, Code 2026, is amended to read as follows:
   4.  “Animal” means cattle, swine, horses, sheep, chickens, turkeys, or fish, or shellfish.
    Sec. 2.  Section 459.102, subsection 7, Code 2026, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  n.  Shellfish weighing twenty-five 

grams or more  0.001
   NEW PARAGRAPH.  o.  Shellfish weighing less than 

 twenty-five grams  0.00006
    Sec. 3.  Section 459.320, Code 2026, is amended to read as follows:
   459.320  Exception from regulation —— election for confinement feeding operations confining fish or shellfish.
   A person who exclusively confines fish or shellfish as part of a confinement feeding operation may elect to comply with the permitting requirements of section 455B.183 in lieu of the permitting requirements of this subchapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. An animal feeding operation (AFO) is regulated by the department of natural resources (DNR) under several Code chapters, including Code chapter 459 governing all AFOs, which includes provisions regulating confinement feeding operations, and Code chapter 459A, which includes selected provisions regulating open feedlot operations. An AFO is an area in which agricultural animals are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure or egg washwater. For example, a confinement feeding operation must include a structure that is a roofed building and a manure storage structure used to store liquid manure originating from a confinement feeding operation (see Code section 459.102). Generally, these regulations provide both air quality and water quality standards, including requiring separation distances between a structure and protected object or location (e.g., a residence or a water source), the issuance of permits for the construction or expansion of a structure, and plans filed with DNR by the AFO’s owner or operator for the land application of manure or effluent originating from an AFO. The regulations apply differently depending on the AFO’s size (the number of animals maintained at the AFO) and the species maintained there (cattle, swine, sheep, horses, turkeys, chickens, or fish).
   BACKGROUND —— ANIMAL UNITS. Specifically, DNR regulations are calculated on the basis of animal units and specifically animal unit capacity, which is the maximum number of animal units that may be maintained as part of an AFO at any one time. An animal species or two or more animal species (i.e., fish) are included in a category and assigned an equivalency factor based on the weight associated with animals assigned to that category. Moreover, a category may be subdivided into two or more subcategories each with separate equivalency factors again based on weight (e.g., turkeys weighing 112 ounces or more and turkeys weighing less than 112 ounces). The equivalency factor for each category or subcategory is multiplied by the number of head of animals associated with that category or subcategory.
   BILL’S PROVISIONS. This bill includes a number of species of animals that are referred to under the common name of shellfish under two subcategories in the same manner as current law includes a number of species of fish under two categories. In both cases, the categories are divided into subcategories based on weight and assigned the same equivalency factors. When calculating the animal units for shellfish, one shellfish weighing 25 grams or more equals 0.001 animal units (1,000 shellfish x 0.001 = 1 animal unit) and one shellfish weighing less than 25 grams equals 0.00006 animal units (16,667 shellfish x 0.00006 = 1 animal unit).
   A person who exclusively confines shellfish as part of a confinement feeding operation may elect to comply with the state’s general permitting requirements pertaining to water quality in lieu of the permitting requirements applicable to confinement feeding operations.
   ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance with a statutory regulation under Code chapter 459 includes compliance with a rule adopted by DNR (Code section 459.103). A person violating air quality regulations under Code chapter 459, subchapter II, is subject to an administrative assessment of a civil penalty of up to $10,000 (Code section 459.602 referring to Code section 455B.109). A person violating a water quality regulation under Code chapter 459, subchapter III, is subject to the administrative assessment of a civil penalty of up to $10,000 (Code section 459.603 referring to Code section 455B.109) or a judicially assessed civil penalty of up to $5,000 (Code section 459.603 referring to Code section 455B.191).