Senate File 2356 - Introduced SENATE FILE 2356 BY STAED A BILL FOR An Act relating to monitoring the application of manure 1 originating from a confinement feeding operation, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6129SS (4) 91 da/js

S.F. 2356 Section 1. Section 459.312, Code 2026, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 15. A person required to submit a manure 3 management plan to the department shall monitor the application 4 of the manure, and conditions after the application of the 5 manure, if the manure is applied in proximity to a surface 6 water source or groundwater source. The process of monitoring 7 shall occur during the period of application, immediately 8 following the application, or later if climatic conditions 9 increase the risk that the applied manure may be discharged 10 into the surface water source or groundwater source. If there 11 is a risk of a discharge, the person shall file a report with 12 the department detailing where the discharge may have occurred 13 and the level of risk posed by the possible discharge. The 14 department shall publish information contained in the report 15 on its internet site, and investigate the site of the possible 16 discharge. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 BACKGROUND —— GENERAL. Confinement feeding operations are 21 regulated by the department of natural resources (DNR) under 22 the “Animal Agriculture Compliance Act” (Code chapter 459). 23 A confinement feeding operation is a type of animal feeding 24 operation in which agricultural animals are maintained for at 25 least 45 days in any 12-month period. A confinement feeding 26 operation is an animal feeding operation in which animals are 27 kept in a structure (building) that is totally roofed, and 28 includes any associated manure storage structure (Code section 29 459.102). Generally, a confinement feeding operation must 30 retain manure that is produced at the location in a manure 31 storage structure until the manure is transported and used 32 according to water quality requirements (e.g., via application 33 on farmland) (see Code section 459.311). Regulations governing 34 confinement feeding operations vary based on the size of the 35 -1- LSB 6129SS (4) 91 da/js 1/ 3

S.F. 2356 operation measured by its animal unit capacity (AUC). AUC 1 refers to a measurement used to determine the maximum number of 2 animal units that may be maintained as part of a confinement 3 feeding operation at any one time. In calculating AUC, a 4 special equivalency factor is assigned for each classification 5 of confined agricultural animal. A confinement feeding 6 operation with 500 or fewer animal units (e.g., 1,250 finishing 7 swine) are not subject to the same level of regulation. The 8 owner or operator of a small animal feeding operation is not 9 required to file a manure management plan (MMP) under Code 10 section 459.312. 11 BACKGROUND —— MMP. Code chapter 459, subchapter III, 12 regulates water quality, including the discharge of manure into 13 surface water sources and groundwater sources. Code section 14 459.312 provides for the submission of an MMP to DNR, including 15 updates, by an owner of a confinement feeding operation or a 16 person who applies manure from a confinement feeding operation 17 that is located in another state, if the manure is applied on 18 land located in this state. Generally, an MMP must include 19 information regarding where and how much manure originating 20 from a manure storage structure is to be applied. DNR must 21 approve the MMP according to procedures established by DNR. 22 BILL’S PROVISIONS. This bill provides that a person 23 required to submit an MMP must monitor the application of 24 manure, and conditions after its application, if the manure is 25 applied in proximity to a surface water source or groundwater 26 source. If there is a risk of a discharge, the person must 27 file a report with DNR detailing where the discharge may have 28 occurred and the level of risk posed by the possible discharge. 29 DNR must publish the information contained in the report on 30 its internet site, and investigate the site of the possible 31 discharge. 32 APPLICABLE PENALTIES. A person who violates Code chapter 33 459, subchapter III, is subject to the administrative 34 assessment of a civil penalty of up to $10,000 for each day of 35 -2- LSB 6129SS (4) 91 da/js 2/ 3

S.F. 2356 a violation (Code section 459.603 referring to Code section 1 455B.109) or the judicial assessment of a civil penalty of up 2 to $5,000 for each day of a violation (Code section 459.603 3 referring to Code section 455B.191). 4 -3- LSB 6129SS (4) 91 da/js 3/ 3