S.F. 2305 Section 1. Section 459.312, subsection 10, paragraph h, 1 Code 2026, is amended to read as follows: 2 h. A description of land identified protocol for the 3 application of liquid manure due to an emergency circumstance 4 if allowed pursuant to section 459.313A . The owner protocol 5 must identify the land in the original manure management plan 6 or in the next updated manure management plan required to 7 be submitted to the department following the designated for 8 emergency application. 9 Sec. 2. Section 459.313, Code 2026, is amended to read as 10 follows: 11 459.313 Manure application —— rules . 12 1. The department shall adopt rules governing the 13 application of manure originating from an anaerobic lagoon or 14 aerobic structure which is part of a confinement animal feeding 15 operation. The rules shall establish application rates and 16 practices to minimize groundwater or surface water pollution 17 resulting from application, including pollution caused by 18 runoff or other manure flow resulting from precipitation 19 events. The rules shall establish different application rates 20 and practices based on the water holding capacity of the soil 21 at the time of application. 22 2. A person shall not apply manure by spray irrigation 23 equipment, except as provided by rules adopted by the 24 department pursuant to chapter 17A . However, a person shall 25 not use restricted spray irrigation equipment to apply manure , 26 including effluent, originating from a confinement an animal 27 feeding operation, unless the manure has been diluted as 28 provided by rules adopted by the department, including diluted 29 by use of an anaerobic lagoon. 30 3. A person shall not apply manure unless, within 31 twenty-four hours after surface application, the manure is 32 injected or incorporated into the upper four inches or more of 33 soil. 34 4. A person shall not apply manure on saturated ground, snow 35 -1- LSB 5217XS (11) 91 da/js 1/ 6

S.F. 2305 covered ground, or frozen ground except as provided in section 1 459.313A. 2 Sec. 3. Section 459.313A, Code 2026, is amended to read as 3 follows: 4 459.313A Application of manure on land —— saturated ground, 5 snow covered ground and , or frozen ground. 6 1. A person may apply manure originating from an animal 7 feeding operation on saturated ground, snow covered ground , 8 or frozen ground , except to the extent otherwise provided by 9 applicable requirements in this section , this chapter , or the 10 national pollutant discharge elimination system pursuant to 11 the federal Water Pollution Control Act , 33 U.S.C. ch. 26, as 12 amended , and 40 C.F.R. pts. 122 and 412 only under an emergency 13 circumstance . 14 1. 2. During the period beginning December 21 and ending 15 April 1, the person may apply liquid manure originating from 16 a manure storage structure, that is part of a confinement 17 feeding operation, on snow covered ground only when there is 18 an emergency. During the period beginning February 1 and 19 ending April 1, the person may apply liquid manure originating 20 from a manure storage structure, that is part of a confinement 21 feeding operation, on frozen ground only when there is an 22 emergency. An emergency circumstance occurs only when there is 23 an immediate need to comply with section 459.311, subsection 1 , 24 due to unforeseen circumstances affecting the storage of the 25 liquid manure. The unforeseen circumstances must be beyond 26 the control of the owner of the confinement animal feeding 27 operation, including but not limited to natural disaster, 28 unusual weather conditions, or equipment or structural failure. 29 A person who is authorized to apply liquid manure on saturated 30 ground, snow covered ground , or frozen ground when there is an 31 emergency shall comply with all of the following: 32 a. The person must contact the department by telephone prior 33 to the application. 34 b. (1) The For manure originating from a confinement 35 -2- LSB 5217XS (11) 91 da/js 2/ 6

S.F. 2305 animal feeding operation, the person must apply the liquid 1 manure on land identified for such application in a manure 2 management plan according to an emergency circumstance protocol 3 submitted by the owner of the confinement feeding operation 4 to the department as part of the owner’s manure management 5 plan as provided in section 459.312 . The owner of the 6 confinement feeding operation must identify the land in the 7 manure management plan prior to the application. The owner 8 must identify the land in the original manure management plan 9 or in the next updated manure management plan required to be 10 submitted to the department following the application. 11 (2) For manure originating from an open feedlot operation, 12 the person must apply the manure, including any effluent, on 13 land according to an emergency circumstance protocol submitted 14 by the owner of the open feedlot operation to the department 15 as part of the owner’s nutrient management plan as provided in 16 section 459A.208. 17 c. The liquid manure must be applied on a field with a 18 phosphorus index rating of two or less. 19 d. Any surface water drain tile intake that is on land in 20 the owner’s manure management plan and located down gradient 21 of the application must be temporarily blocked beginning not 22 later than the time that the liquid manure is first applied and 23 ending not earlier than two weeks after the completion of the 24 application. 25 2. 3. The authorization to apply liquid manure in 26 subsection 1 does not apply to any of the following: 27 a. An an immediate need to comply with section 459.311, 28 subsection 1 , caused by the improper design or management of 29 the a manure storage structure, including but not limited to a 30 failure to properly account for the volume of the manure to be 31 stored. 32 b. Liquid manure originating from a manure storage structure 33 constructed or expanded on or after July 1, 2009, if the manure 34 storage structure has a capacity to store manure for less than 35 -3- LSB 5217XS (11) 91 da/js 3/ 6

S.F. 2305 one hundred eighty days. 1 3. 4. Subsections 1 and 2 through 3 do not apply to any of 2 the following: 3 a. The application of liquid manure originating from a small 4 animal feeding operation. 5 b. The application of liquid manure and injection into the 6 soil or incorporation within the soil on the same date. 7 Sec. 4. Section 459A.208, subsection 7, Code 2026, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . f. A protocol for the application of manure 10 due to an emergency circumstance if allowed pursuant to section 11 459.313A. The protocol must identify land designated for 12 emergency application. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 BACKGROUND. An animal feeding operation (AFO) is regulated 17 by the department of natural resources (DNR) under several Code 18 chapters, including Code chapter 459 governing all AFOs, which 19 includes provisions regulating confinement feeding operations, 20 and Code chapter 459A, which includes selected provisions 21 regulating open feedlot operations. An AFO is an area in 22 which agricultural animals are confined for 45 days or more 23 in any 12-month period, and all associated structures used 24 for the storage of manure. A confinement feeding operation 25 maintains animals in roofed buildings and stores liquid manure 26 in a formed or unformed structure (see Code section 459.102). 27 An open feedlot operation is an unroofed or partially roofed 28 facility without crop, vegetation, or forage growth or 29 residue cover (Code section 459A.102). Manure from an open 30 feedlot operation includes solids that cannot be stored in a 31 structure (i.e., stockpiled). Open feedlot effluent refers 32 to a combination of manure, precipitation-induced runoff, or 33 other runoff from an open feedlot before its settleable solids 34 have been removed. Both Code chapters regulate the application 35 -4- LSB 5217XS (11) 91 da/js 4/ 6

S.F. 2305 of manure, often pursuant to a plan required to be filed with 1 DNR. In the case of a confinement feeding operation, the plan 2 is referred to as a manure management plan (MMP) (Code section 3 459.313) and in the case of an open feedlot operation, the 4 plan is referred to as a nutrient management plan (NMP) (Code 5 section 459A.208). 6 BACKGROUND —— SNOW COVERED GROUND AND FROZEN GROUND. 7 According to Code section 459.313A, a person may apply manure 8 originating from an AFO on snow covered ground or frozen 9 ground, except to the extent otherwise provided by applicable 10 requirements in the Code section or federal law. The Code 11 section’s prohibition is limited to the application of liquid 12 manure originating from a manure storage structure that is 13 part of a confinement feeding operation. Specifically, the 14 Code section prohibits the application of liquid manure on 15 snow covered ground during the period beginning December 21 16 and ending April 1 and on frozen ground during the period 17 beginning February 1 and ending April 1. There are several 18 exceptions. The first exception allows a person to apply the 19 liquid manure during the cold weather months if there is an 20 emergency due to unforeseen circumstances affecting the storage 21 of the liquid manure that are beyond the control of the owner 22 of the confinement feeding operation. In those circumstances, 23 the owner or a person authorized to apply the liquid manure 24 must contact DNR, apply the liquid manure on land identified 25 in the owner’s MMP, apply the liquid manure on a field with a 26 phosphorus index rating of two or less, and ensure that surface 27 water drain tile intakes are blocked. An emergency cannot be 28 used as an exception due to the improper design or management 29 of a manure storage structure or if the manure originates 30 from a manure storage structure constructed on or after July 31 1, 2009, with a capacity to store manure for less than 180 32 days. The second exception applies to small animal feeding 33 operations. The third exception applies to the application 34 of liquid manure that is injected in the soil or incorporated 35 -5- LSB 5217XS (11) 91 da/js 5/ 6

S.F. 2305 within the soil on the same day. 1 BILL’S PROVISIONS —— APPLICATION REQUIREMENTS APPLIED TO 2 AFOS. This bill expressly authorizes DNR to adopt rules 3 governing the application of manure originating from all AFOs 4 (Code section 459.313). A requirement that restricts the 5 use of certain spray irrigation equipment dispersing manure 6 originating from a confinement feeding operation would apply to 7 manure, including effluent, originating from an open feedlot 8 operation. The bill provides that a person who applies manure, 9 including effluent, originating from an AFO to the surface 10 of land must inject or incorporate the manure into the soil 11 within 24 hours. The bill prohibits the application of manure 12 originating from an AFO on saturated ground, snow covered 13 ground, or frozen ground regardless of the calendar. The 14 bill retains exceptions for the application of manure under 15 emergency circumstances. The bill provides that the emergency 16 protocols must be specified in an MMP or NMP. The bill strikes 17 a provision that prohibits a person from applying liquid manure 18 under emergency circumstances if the manure originated from 19 a manure storage structure having a capacity to store manure 20 for less than 180 days and its date of construction was on or 21 after July 1, 2009. The bill also strikes a provision that 22 allows a person to apply liquid manure under any circumstances 23 if the person injects the liquid manure on the same date as 24 application. 25 APPLICABLE PENALTIES. A person who is in violation of 26 the bill’s provisions is subject to a civil penalty under 27 Code section 459.603, which provides for an administrative 28 assessment of a civil penalty of up to $10,000 for each day of 29 a violation (Code section 455B.109) or the judicial assessment 30 of a civil penalty of up to $5,000 for each day of a violation 31 (Code section 455B.191). 32 -6- LSB 5217XS (11) 91 da/js 6/ 6