Senate File 2259 - Introduced SENATE FILE 2259 BY STAED , QUIRMBACH , PETERSEN , and BENNETT A BILL FOR An Act regulating confinement feeding operations by providing 1 for construction permits, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6131XS (5) 91 da/js

S.F. 2259 Section 1. Section 459.303, subsection 1, paragraphs a and 1 b, Code 2026, are amended to read as follows: 2 a. Except as provided in paragraph “b” , a person must obtain 3 a permit to construct any of the following: 4 (1) A confinement feeding operation structure if after 5 construction its confinement feeding operation would have an 6 animal unit capacity of at least one thousand more than three 7 hundred animal units. 8 (2) The confinement feeding operation structure is an 9 unformed manure storage structure. 10 b. A person is not required to obtain a permit to construct 11 a confinement feeding operation structure if any of the 12 following apply: the confinement feeding operation structure 13 is part of a confinement feeding operation that is owned by a 14 research college conducting research activities as provided in 15 section 459.318. 16 (1) The confinement feeding operation structure, if 17 constructed, would be part of a small animal feeding operation. 18 However, the person must obtain a permit under this section 19 if the confinement feeding operation structure is an unformed 20 manure storage structure. 21 (2) The confinement feeding operation structure is part of 22 a confinement feeding operation which is owned by a research 23 college conducting research activities as provided in section 24 459.318 . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 BACKGROUND —— GENERAL. Confinement feeding operations are 29 regulated by the department of natural resources (DNR) under 30 the “Animal Agriculture Compliance Act” (Code chapter 459). 31 A confinement feeding operation is a type of animal feeding 32 operation in which agricultural animals are maintained for at 33 least 45 days in any 12-month period. A confinement feeding 34 operation is an animal feeding operation in which animals 35 -1- LSB 6131XS (5) 91 da/js 1/ 2

S.F. 2259 are kept in a structure (building) that is totally roofed, 1 and includes any associated manure storage structures (Code 2 section 459.102). Regulations governing confinement feeding 3 operations vary based on the size of the operation measured 4 by animal units (AUs). Animal unit capacity (AUC) refers to 5 a measurement used to determine the maximum number of AUs 6 maintained as part of a confinement feeding operation at any 7 one time. In calculating AUs, a special equivalency factor 8 is assigned for each classification of confined agricultural 9 animal. 10 BACKGROUND —— CONSTRUCTION PERMITS. Code chapter 459, 11 subchapter III, governs water quality standards applicable to 12 confinement feeding operations, including construction permit 13 requirements. Generally, a person constructing a confinement 14 feeding operation structure must obtain a construction permit 15 issued by DNR if the confinement feeding operation after 16 construction meets a threshold AUC of 1,000. One thousand AUs 17 equals 2,500 swine weighing more than 55 pounds (Code section 18 459.303). 19 BILL’S PROVISIONS. This bill decreases the permit threshold 20 capacity to 300 AUs, which is equal to 750 swine weighing more 21 than 55 pounds. 22 APPLICABLE PENALTIES. A person who violates Code chapter 23 459, subchapter III, is subject to the administrative 24 assessment of a civil penalty of up to $10,000 for each day of 25 a violation (Code section 459.603 referring to Code section 26 455B.109) or the judicial assessment of a civil penalty of up 27 to $5,000 for each day of a violation (Code section 459.603 28 referring to Code section 455B.191). 29 -2- LSB 6131XS (5) 91 da/js 2/ 2