House Study Bill 662 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON WULF) 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 6834YC (4) 91 da/js

H.F. _____ 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 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 BACKGROUND. An animal feeding operation (AFO) is regulated 14 by the department of natural resources (DNR) under several 15 Code chapters, including Code chapter 459 governing all AFOs, 16 which includes provisions regulating confinement feeding 17 operations, and Code chapter 459A, which includes selected 18 provisions regulating open feedlot operations. An AFO is 19 an area in which agricultural animals are confined for 45 20 days or more in any 12-month period, and all associated 21 structures used for the storage of manure or egg washwater. 22 For example, a confinement feeding operation must include 23 a structure that is a roofed building and a manure storage 24 structure used to store liquid manure originating from a 25 confinement feeding operation (see Code section 459.102). 26 Generally, these regulations provide both air quality and water 27 quality standards, including requiring separation distances 28 between a structure and protected object or location (e.g., a 29 residence or a water source), the issuance of permits for the 30 construction or expansion of a structure, and plans filed with 31 DNR by the AFO’s owner or operator for the land application of 32 manure or effluent originating from an AFO. The regulations 33 apply differently depending on the AFO’s size (the number of 34 animals maintained at the AFO) and the species maintained there 35 -1- LSB 6834YC (4) 91 da/js 1/ 3

H.F. _____ (cattle, swine, sheep, horses, turkeys, chickens, or fish). 1 BACKGROUND —— ANIMAL UNITS. Specifically, DNR regulations 2 are calculated on the basis of animal units and specifically 3 animal unit capacity, which is the maximum number of animal 4 units that may be maintained as part of an AFO at any one time. 5 An animal species or two or more animal species (i.e., fish) 6 are included in a category and assigned an equivalency factor 7 based on the weight associated with animals assigned to that 8 category. Moreover, a category may be subdivided into two or 9 more subcategories each with separate equivalency factors again 10 based on weight (e.g., turkeys weighing 112 ounces or more and 11 turkeys weighing less than 112 ounces). The equivalency factor 12 for each category or subcategory is multiplied by the number of 13 head of animals associated with that category or subcategory. 14 BILL’S PROVISIONS. This bill includes a number of species 15 of animals that are referred to under the common name of 16 shellfish under two subcategories in the same manner as 17 current law includes a number of species of fish under two 18 categories. In both cases, the categories are divided into 19 subcategories based on weight and assigned the same equivalency 20 factors. When calculating the animal units for shellfish, one 21 shellfish weighing 25 grams or more equals 0.001 animal units 22 (1,000 shellfish x 0.001 = 1 animal unit) and one shellfish 23 weighing less than 25 grams equals 0.00006 animal units (16,667 24 shellfish x 0.00006 = 1 animal unit). 25 ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance 26 with a statutory regulation under Code chapter 459 includes 27 compliance with a rule adopted by DNR (Code section 459.103). 28 A person violating air quality regulations under Code chapter 29 459, subchapter II, is subject to an administrative assessment 30 of a civil penalty of up to $10,000 (Code section 459.602 31 referring to Code section 455B.109). A person violating a 32 water quality regulation under Code chapter 459, subchapter 33 III, is subject to the administrative assessment of a civil 34 penalty of up to $10,000 (Code section 459.603 referring to 35 -2- LSB 6834YC (4) 91 da/js 2/ 3

H.F. _____ Code section 455B.109) or a judicially assessed civil penalty 1 of up to $5,000 (Code section 459.603 referring to Code section 2 455B.191). 3 -3- LSB 6834YC (4) 91 da/js 3/ 3