House File 2688 - Reprinted
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2652)
(SUCCESSOR TO HSB 679)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for efforts to mitigate odor emitted from a
2 livestock operation including by providing for basic and
3 applied research and evaluations, providing for
4 implementation, and including applicability and effective date
5 provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 HF 2688
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PAG LIN
1 1 DIVISION V
1 2 ODOR MITIGATION FOR LIVESTOCK OPERATIONS
1 3 Section 1. NEW SECTION. 266.40 DEFINITIONS.
1 4 For purposes of this division, the following definitions
1 5 apply:
1 6 1. "Livestock" means beef cattle, dairy cattle, swine,
1 7 chickens, or turkeys.
1 8 2. "Livestock operation" means any area in which livestock
1 9 are kept in a confined space, including a confinement feeding
1 10 operation or open feedlot.
1 11 3. "Livestock producer" means the titleholder of livestock
1 12 or a livestock operation.
1 13 4. "University" means Iowa state university of science and
1 14 technology.
1 15 Sec. 2. NEW SECTION. 266.41 ESTABLISHMENT.
1 16 Iowa state university of science and technology shall
1 17 consult with the department of agriculture and land
1 18 stewardship and the department of natural resources to
1 19 establish and administer livestock odor mitigation efforts to
1 20 reduce the impacts of odor emitted from livestock operations
1 21 involving swine, beef or dairy cattle, chickens, or turkeys as
1 22 provided in this division.
1 23 Sec. 3. NEW SECTION. 266.42 PURPOSES.
1 24 The purposes of this division shall be to further livestock
1 25 odor mitigation efforts as follows:
1 26 1. Further a livestock odor mitigation research effort in
1 27 order to accelerate the adoption of affordable and effective
1 28 odor mitigation technologies and strategies by livestock
1 29 producers, expand the number of affordable and effective odor
1 30 mitigation technologies and strategies available to livestock
1 31 producers, and provide research=grounded information regarding
1 32 odor mitigation technologies and strategies that are
1 33 ineffective or cost=prohibitive.
1 34 2. Develop a livestock odor mitigation evaluation effort
1 35 as provided in section 266.48, which shall be a multilevel
2 1 process to determine the potential odor exposure to persons
2 2 who would neighbor a new livestock operation as proposed to be
2 3 constructed.
2 4 Sec. 4. NEW SECTION. 266.43 DEVELOP AND ADVANCE
2 5 TECHNOLOGIES AND STRATEGIES == APPLIED ON=SITE RESEARCH
2 6 PROJECTS.
2 7 Iowa state university of science and technology shall
2 8 conduct applied on=site research projects to address whether
2 9 odor mitigation technologies or strategies can be successfully
2 10 implemented across many livestock operations, locations, and
2 11 situations, and to analyze the costs of their successful
2 12 implementation and maintenance to accomplish the purposes
2 13 provided in section 266.42.
2 14 1. The projects shall be conducted at livestock operations
2 15 on a statewide basis and under different circumstances.
2 16 2. The university shall evaluate technologies or
2 17 strategies that have a firm foundation in basic and applied
2 18 research but which may further benefit from statewide on=site
2 19 application. The technologies and strategies may include but
2 20 are not limited to the following:
2 21 a. The installation, maintenance, and use of odor
2 22 mitigating devices, techniques, or strategies.
2 23 b. The use of a livestock odor mitigation evaluation
2 24 effort as provided in section 266.48.
2 25 c. The manipulation of livestock diet.
2 26 3. A livestock producer who is classified as a habitual
2 27 violator pursuant to section 459.604 or a chronic violator
2 28 pursuant to section 657.11 shall not participate in an applied
2 29 on=site research project under this section unless the
2 30 livestock producer contributes one hundred percent of the
2 31 total costs of conducting the project.
2 32 Sec. 5. NEW SECTION. 266.44 DEVELOP AND ADVANCE
2 33 TECHNOLOGIES AND STRATEGIES == BASIC AND APPLIED RESEARCH
2 34 PROJECTS.
2 35 Iowa state university of science and technology shall
3 1 conduct basic or applied research projects to develop or
3 2 advance technologies or strategies to accomplish the purposes
3 3 provided in section 266.42.
3 4 1. The university shall evaluate technologies or
3 5 strategies that have not been subject to comprehensive
3 6 scientific scrutiny but which demonstrate promise to
3 7 accomplish the purposes provided in section 266.42. The
3 8 technologies and strategies may include but are not limited to
3 9 the following:
3 10 a. The adaption and use of modeling to locate livestock
3 11 operations associated with keeping livestock in addition to
3 12 swine, and to locate livestock operations utilizing odor
3 13 mitigation devices, techniques, or strategies.
3 14 b. The installation, maintenance, and use of odor
3 15 mitigating devices, techniques, or strategies.
3 16 c. The use of topical treatments applied to manure
3 17 originating with livestock operations keeping chickens and
3 18 turkeys.
3 19 2. Nothing in this section restricts the university from
3 20 conducting its evaluation at livestock operations, including
3 21 as provided in section 266.43. A livestock producer who is
3 22 classified as a habitual violator pursuant to section 459.604
3 23 or a chronic violator pursuant to section 657.11 shall not
3 24 participate in a basic or applied research project under this
3 25 section unless the livestock producer contributes one hundred
3 26 percent of the total costs of conducting the project.
3 27 Sec. 6. NEW SECTION. 266.45 EMERGING TECHNOLOGIES AND
3 28 STRATEGIES == BASIC RESEARCH PROJECTS.
3 29 Iowa state university of science and technology shall
3 30 conduct basic research projects to investigate emerging
3 31 technologies or strategies that may accomplish the purposes
3 32 provided in section 266.42.
3 33 1. The university shall evaluate technologies or
3 34 strategies that demonstrate promise for future development but
3 35 which may require a long=term research commitment.
4 1 2. Nothing in this section restricts the university from
4 2 conducting its evaluation at livestock operations, including
4 3 as provided in section 266.43. A livestock producer who is
4 4 classified as a habitual violator pursuant to section 459.604
4 5 or a chronic violator pursuant to section 657.11 shall not
4 6 participate in a basic research project under this section
4 7 unless the livestock producer contributes one hundred percent
4 8 of the total costs of conducting the project.
4 9 Sec. 7. NEW SECTION. 266.46 INFORMATION REPORTING.
4 10 In accordance with section 266.42, Iowa state university of
4 11 science and technology is the custodian of all information
4 12 including but not limited to reports and records obtained,
4 13 submitted, and maintained in connection with the research
4 14 projects conducted on the site of a livestock operation as
4 15 provided in this division. The information shall be kept
4 16 confidential by all persons who are in possession of
4 17 information obtained under this division, including but not
4 18 limited to the university and its agents and employees, except
4 19 as provided in section 266.47. For purposes of this division,
4 20 such information is not subject to chapter 22 and shall not be
4 21 made public upon subpoena, search warrant, discovery
4 22 proceedings, or by any other means. A person shall not be
4 23 compelled to disclose the name or address of a livestock
4 24 producer except upon written waiver by the livestock producer
4 25 participating in the research project.
4 26 Sec. 8. NEW SECTION. 266.47 RESEARCH RESULTS == INTERIM
4 27 AND FINAL REPORTS.
4 28 Iowa state university of science and technology shall
4 29 prepare and submit reports as follows:
4 30 1. a. The university shall submit an interim report to
4 31 the general assembly each year on or before January 15,
4 32 through January 15, 2013. The interim report shall do all of
4 33 the following:
4 34 (1) Describe the university's progress in achieving the
4 35 purposes of section 266.42, and detail its efforts in carrying
5 1 out the livestock odor mitigation efforts described in this
5 2 division.
5 3 (2) Evaluate applied and basic research projects being
5 4 conducted or completed and provide estimates for their
5 5 completion.
5 6 (3) Make any recommendation for improving, continuing, or
5 7 expanding livestock odor mitigation efforts and for
5 8 disseminating the results of those efforts to livestock
5 9 producers.
5 10 b. The university shall submit a final report to the
5 11 general assembly on or before six months after the completion
5 12 of its research projects as provided in section 266.41. The
5 13 final report shall include a summary of efforts, the
5 14 university's findings and conclusions, and recommendations
5 15 necessary to carry out the purposes of section 266.42.
5 16 2. Nothing in this section prevents the university from
5 17 compiling information obtained, submitted, and maintained as
5 18 the result of a livestock odor mitigation effort as provided
5 19 in section 266.42 involving a specific livestock operation,
5 20 and publishing that information as part of the report so long
5 21 as the information cannot be used to identify a livestock
5 22 producer or livestock operation without the consent of the
5 23 livestock producer as provided in section 266.46.
5 24 3. Information obtained by the university in connection
5 25 with a research project conducted on the site of a livestock
5 26 operation as provided in this division shall be available for
5 27 public examination as provided in section 22.2 so long as the
5 28 information cannot be used to identify the livestock producer
5 29 or livestock operation as provided in section 266.46.
5 30 Sec. 9. NEW SECTION. 266.48 LIVESTOCK ODOR MITIGATION
5 31 EVALUATION EFFORT.
5 32 1. If funding is available, Iowa state university shall
5 33 provide for a livestock odor mitigation evaluation effort as
5 34 provided in section 266.42. The effort shall accomplish all
5 35 the following objectives:
6 1 a. Ensure ease of its use and timeliness in producing
6 2 results, including reports and the issuance of a livestock
6 3 odor mitigation certificate as provided in this section.
6 4 b. Ensure a cost=effective process of evaluation.
6 5 c. Provide a level of evaluation that corresponds to the
6 6 complexity of the proposed site of construction, including
6 7 unique characteristics associated with that site.
6 8 2. The livestock odor mitigation evaluation effort shall
6 9 provide for increasing levels of participation by a person who
6 10 requests the evaluation in cooperation with the university as
6 11 follows:
6 12 a. A level one evaluation that provides an opportunity for
6 13 the person to complete a simple questionnaire which may be
6 14 accessed by using the internet without assistance by
6 15 university personnel.
6 16 b. A level two evaluation that provides an opportunity for
6 17 the person to consult with a specialist designated by the
6 18 university who shall assist in performing a comprehensive
6 19 evaluation of the site of the proposed construction.
6 20 c. A level three evaluation which provides an opportunity
6 21 for the person to participate in a community=based odor
6 22 assessment model that uses predictive computer modeling to
6 23 analyze the potential odor intensity, duration, and frequency
6 24 for a neighbor from a livestock operation.
6 25 3. An evaluation may account for all factors impacting
6 26 upon odor exposure as determined relevant by the university.
6 27 The factors may vary based upon the type of evaluation
6 28 performed. Factors which may be considered include but are
6 29 not limited to all of the following:
6 30 a. Characteristics relating to the proposed site including
6 31 but not limited to terrain, weather patterns, surrounding
6 32 vegetative barriers, the proximity of neighbors, and
6 33 contributing odor sources.
6 34 b. The type and size of the structure proposed to be
6 35 constructed and its relationship to existing livestock
7 1 operation structures.
7 2 4. At the completion of an evaluation, the university
7 3 shall provide the participating person with a report including
7 4 its findings and recommendations. A report may vary based
7 5 upon the type of evaluation performed. The report resulting
7 6 from a level one or level two evaluation may recommend that
7 7 the participating person conduct a higher level evaluation. A
7 8 report resulting from a level two or level three evaluation
7 9 may recommend modifications to the design or orientation of
7 10 the livestock operation structure proposed to be constructed,
7 11 the adoption of odor mitigating practices, or the installation
7 12 of odor mitigating technologies.
7 13 5. A participating person who has completed the level of
7 14 evaluation as recommended by the university may request that
7 15 the university issue the participating person a livestock odor
7 16 mitigation evaluation certificate. The university shall issue
7 17 a certificate to the participating person that verifies the
7 18 person's completion of an evaluation that satisfies the
7 19 requirements of this section. The university shall not issue
7 20 a certificate to a participating person who has not completed
7 21 the level of evaluation recommended by the university. The
7 22 certificate shall identify the name of the participating
7 23 person and the site where the construction is proposed.
7 24 However, it shall not include any other information.
7 25 Sec. 10. Section 459.303, subsection 3, Code 2007, is
7 26 amended by adding the following new paragraph:
7 27 NEW PARAGRAPH. d. A livestock odor mitigation evaluation
7 28 certificate issued by Iowa state university as provided in
7 29 section 266.48. The department shall not obtain, maintain, or
7 30 consider the results of an evaluation. The applicant is not
7 31 required to submit the certificate if any of the following
7 32 applies:
7 33 (1) The confinement feeding operation is twice the minimum
7 34 separation distance required from the nearest object or
7 35 location from which a separation distance is required pursuant
8 1 to section 459.202 on the date of the application, not
8 2 including a public thoroughfare.
8 3 (2) The owner of each object or location which is less
8 4 than twice the minimum separation distance required pursuant
8 5 to section 459.202 from the confinement feeding operation on
8 6 the date of the application, other than a public thoroughfare,
8 7 executes a document consenting to the construction.
8 8 (3) The applicant submits a document swearing that Iowa
8 9 state university has failed to furnish a certificate to the
8 10 applicant within thirty days after the applicant requested the
8 11 university to conduct a livestock odor mitigation evaluation
8 12 as provided in section 266.48.
8 13 (4) The application for a permit to expand a confinement
8 14 feeding operation, if the confinement feeding operation was
8 15 first constructed before the effective date of this section of
8 16 this Act.
8 17 (5) Iowa state university does not provide for a livestock
8 18 odor mitigation evaluation effort as provided in section
8 19 266.48, for any reason, including because funding is not
8 20 available.
8 21 Sec. 11. APPLICABILITY. Section 459.303, subsection 3, as
8 22 amended by this Act, shall not apply to require an applicant
8 23 for a permit to construct a confinement feeding operation
8 24 structure to submit a livestock odor mitigation evaluation
8 25 certificate to the department of natural resources, if the
8 26 application was submitted prior to the effective date of the
8 27 section of this Act amending section 459.303, subsection 3.
8 28 Sec. 12. CONTINGENT IMPLEMENTATION. Subject to the
8 29 effective date provisions of this Act, this Act shall be
8 30 implemented by Iowa state university and the department of
8 31 natural resources only when Iowa state university first
8 32 receives moneys appropriated by the general assembly during a
8 33 fiscal year as necessary to carry out all of the provisions of
8 34 this Act.
8 35 Sec. 13. EFFECTIVE DATE. The section of this Act amending
9 1 section 459.303, subsection 3, takes effect January 1, 2009.
9 2 HF 2688
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