Senate File 20 - IntroducedA Bill ForAn Act 1relating to animal feeding operations, by providing
2for certain air and water quality regulations, including
3when two or more related confinement feeding operations
4are deemed to be a single operation, making penalties
5applicable, and including effective date and applicability
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 459.102, Code 2019, is amended by adding
2the following new subsections:
3   NEW SUBSECTION.  8A.  a.  “Business entity” means a person
4organized as any form of partnership, limited partnership, or
5limited liability limited partnership described in chapter
6488; limited liability company as described in chapter 489;
7a corporation as described in chapter 490, 491, or 504; an
8association as described in chapter 497, 498, and 499; a
9cooperative described in chapter 501; a cooperative association
10described in chapter 501A; an agricultural cooperative
11association as defined in section 502.102; an unincorporated
12nonprofit association as described in chapter 501B; or any
13other entity commonly referred to as an investment company,
14joint stock company, joint stock association, or trust,
15including but not limited to a business trust.
   16b.  “Business entity” includes a person described in
17paragraph “a” regardless of whether the person is organized
18in this state under any of those provisions referred to in
19paragraph “a” or is otherwise authorized to transact business
20in this state under any of those provisions referred to in
21paragraph “a”.
22   NEW SUBSECTION.  41A.  “Operation of law” means a transfer
23by inheritance, devise or bequest, court order, dissolution
24decree, order in bankruptcy, insolvency, replevin, foreclosure,
25execution sale, the execution of a judgment, the foreclosure
26of a real estate mortgage, the forfeiture of a real estate
27contract, or a transfer resulting from a decree for specific
28performance.
29   Sec. 2.  Section 459.201, subsection 1, Code 2019, is amended
30by striking the subsection and inserting in lieu thereof the
31following:
   321.  Two or more animal feeding operations under common
33ownership or management are deemed to be a single animal
34feeding operation if they are adjacent or utilize a common
35system for manure storage. In addition, two or more related
-1-1confinement feeding operations are deemed to be a single
2confinement feeding operation as provided in section 459.201A.
3   Sec. 3.  Section 459.201, subsection 3, Code 2019, is amended
4to read as follows:
   53.  a.  In calculating the animal unit capacity of a
6confinement feeding operation, the animal unit capacity shall
7include the animal unit capacity of all confinement feeding
8operation buildings which are part of the confinement feeding
9operation, unless a confinement feeding operation building has
10been abandoned.
   11b.  Unless expressly stated otherwise in this subchapter,
12the animal units of all confinement feeding operations that are
13related and deemed to be a single confinement feeding operation
14shall be combined when calculating the animal unit capacity of
15any one of the confinement feeding operations.
16   Sec. 4.  NEW SECTION.  459.201A  Special terms — related
17confinement feeding operations.
   181.  Two or more confinement feeding operations are related
19and deemed to be a single confinement feeding operation, if all
20of the following apply:
   21a.  A confinement feeding operation structure that is part
22of one confinement feeding operation is separated by less than
23two thousand five hundred feet from a confinement feeding
24operation structure that is part of the other confinement
25feeding operation.
   26b.  Any of the following apply:
   27(1)  The confinement feeding operations utilize a common
28system for manure storage or common area or system for manure
29disposal.
   30(2)  The confinement feeding operations both utilize any of
31the following:
   32(a)  A privately owned road capable of use by a motor vehicle
33having a gross weight of six tons or more.
   34(b)  A private water well regardless of whether the water
35well is used to access water for human consumption.
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   1(c)  A utility connection that directly connects the
2confinement feeding operations.
   3(d)  Any other personal property owned or used by the
4confinement feeding operations as provided by rule adopted by
5the department.
   6(3)  The same person holds an interest in the real property
7where the confinement feeding operations are sited. The person
8may hold a legal interest or equitable interest in the real
9property.
   10(a)  In determining whether the same person holds an
11interest in the real property where the two confinement feeding
12operations are sited, an interest in the real property may be
13held by the person in any of the following forms:
   14(i)  Legal title, including as a joint tenant or tenant in
15common, or the holder of an interest for life or term of years.
   16(ii)  Leasehold, including as a lessor or lessee.
   17(iii)  Real estate contract, including in cases in which the
18person is a vendor or vendee.
   19(iv)  Equitable title, including as a settlor, trustee, or
20beneficiary.
   21(v)  Easement, including as the owner of the dominant estate
22or servient estate.
   23(b)  If the person is a business entity, the business
24entity’s interest in the real property is attributable to any
25of the following:
   26(i)  A partner, limited partner, shareholder, member,
27settlor, trustee, beneficiary, or other equity holder of the
28business entity.
   29(ii)  Any officer, manager, or employee of the business
30entity.
   31(c)  A person’s real property interest is attributable to
32the person’s spouse, parent, grandparent, lineal ascendant of
33a grandparent or spouse and any other lineal descendant of
34the grandparent or spouse, or a person acting in a fiduciary
35capacity for a related person.
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   1(d)  A subsidiary or affiliate of a business entity shall be
2deemed to be the same business entity.
   3(e)  A person’s interest in a fixture that is attached to the
4real property where a confinement feeding operation is sited,
5including a confinement feeding operation structure, shall be
6deemed to be an interest in the confinement feeding operation.
   7(f)  A person’s property interest does not include the
8acquisition of property by any of the following:
   9(i)  Operation of law.
   10(ii)  A bona fide encumbrance taken for purposes of security,
11including but not limited to a mortgage or deed of trust.
   12(iii)  Under a contract in which the other party is a
13government entity.
14   Sec. 5.  Section 459.203, unnumbered paragraph 1, Code 2019,
15is amended to read as follows:
   16A confinement feeding operation constructed or expanded
17prior to the date that a distance requirement became effective
18under section 459.202 and which does not comply with the
19section’s distance requirement may continue to operate
20regardless of the distance requirement. The In addition and
21except as provided in section 459.203A, such
confinement
22feeding operation may be expanded by the construction or
23expansion of a confinement feeding operation structure,
if any
24of the following applies:
25   Sec. 6.  NEW SECTION.  459.203A  Related confinement
26feeding operations deemed to be the same operation expansion of
27confinement feeding operations.
   281.  If two or more confinement feeding operations are
29related and deemed to be a single confinement feeding operation
30pursuant to sections 459.201 and 459.201A, neither confinement
31feeding operation shall be expanded by the construction or
32expansion of a confinement feeding operation structure on or
33after the effective date of this Act, unless the confinement
34feeding operation structure complies with the distance
35requirements applying to that structure as provided in section
-4-1459.202, subsections 4 and 5.
   22.  Notwithstanding subsection 1, a confinement feeding
3operation structure may be expanded by replacing one or more
4unformed manure storage structures with one or more formed
5manure storage structures, if all of the following apply:
   6a.  The animal weight capacity or animal unit capacity,
7whichever is applicable, is not increased for that portion of
8the confinement feeding operation that utilizes all replacement
9formed manure storage structures.
   10b.  The use of each replaced unformed manure storage
11structure is discontinued within one year after the
12construction of the replacement formed manure storage
13structure.
   14c.  The capacity of all replacement formed manure storage
15structures does not exceed the capacity required to store
16manure produced by that portion of the confinement feeding
17operation that had utilized all replaced unformed manure
18storage structures.
   19d.  The replacement formed manure storage structure is not
20closer to an object or location benefiting from a separation
21distance than the separation distance between the replaced
22unformed manure storage structure and the same object or
23location as required in section 459.202.
24   Sec. 7.  Section 459.205, subsection 1, Code 2019, is amended
25to read as follows:
   261.  A confinement feeding operation structure, if the
27structure is part of a confinement feeding operation which that
28 qualifies as a small animal feeding operation. However, this
29subsection shall not apply if to any of the following:
   30a.  confinement feeding operation structure is an An unformed
31manure storage structure.
   32b.  Two or more animal feeding operations that are deemed to
33be a single animal feeding operation under section 459.201, if
34the combined animal unit capacity of the confinement feeding
35operations is more than five hundred animal units.
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   1c.  Two or more related confinement feeding operations that
2are deemed to be a single confinement feeding operation under
3sections 459.201 and 459.201A, if the combined animal unit
4capacity of the related confinement feeding operations is more
5than five hundred animal units.
6   Sec. 8.  Section 459.301, subsection 1, Code 2019, is amended
7by striking the subsection and inserting in lieu thereof the
8following:
   91.  Two or more animal feeding operations under common
10ownership or management are deemed to be a single animal
11feeding operation if they are adjacent or utilize a common
12area or system for manure application. In addition, two or
13more related confinement feeding operations are deemed to be
14a single confinement feeding operation in the same manner as
15two confinement feeding operations are determined to be related
16under section 459.201A.
17   Sec. 9.  Section 459.301, subsection 3, Code 2019, is amended
18by adding the following new paragraph:
19   NEW PARAGRAPH.  c.  Unless expressly stated otherwise
20in this subchapter, the animal units of all confinement
21feeding operations that are related and deemed to be the
22same confinement feeding operation shall be combined when
23calculating the animal unit capacity of any one of the
24confinement feeding operations.
25   Sec. 10.  Section 459.312, subsection 2, Code 2019, is
26amended to read as follows:
   272.  a.  Not more than one confinement feeding operation shall
28be covered by a single manure management plan.
   29b.  If two or more confinement feeding operations are deemed
30to be a single confinement feeding operation under section
31459.301, the department may require that a separate manure
32management plan cover each confinement feeding operation.
33   Sec. 11.  Section 459.317, subsection 1, paragraph b, Code
342019, is amended by striking the paragraph.
35   Sec. 12.  EFFECTIVE DATE.  This Act, being deemed of
-6-1immediate importance, takes effect upon enactment.
2   Sec. 13.  APPLICABILITY.  This Act shall not apply to a
3person who has begun construction of a confinement feeding
4operation structure prior to the effective date of this Act.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
   8BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
9Agriculture Compliance Act” (Code chapter 459) which part
10provides for the regulation of animal feeding operations where
11agricultural animals are maintained for at least 45 days in
12any 12-month period and includes open feedlots and confinement
13feeding operations (operations) including associated
14confinement feeding operation structures (structures), such
15as buildings or manure storage structures. The Code chapter
16is administered and enforced by the department of natural
17resources (DNR). Generally, regulations vary based on the size
18of an operation measured by its animal unit capacity (AUC).
   19BILL’S PROVISIONS — RELATED CONFINEMENT FEEDING OPERATIONS.
20 The bill provides that for purposes of administering and
21enforcing Code chapter 459, subchapter II, providing for
22air quality regulations and Code chapter 459, subchapter
23III, providing for water quality regulations, two or more
24operations are deemed to be a single operation if they are
25related. The operations are related if a structure that is
26part of one operation is separated by less than 2,500 feet from
27a structure that is part of the other operation and certain
28alternative conditions apply. The first condition occurs
29if the confinement feeding operations utilize some common
30method of manure storage or common area or system for manure
31disposal. The second condition occurs when the confinement
32feeding operations utilize a common item or service such as a
33private road, private water well, utility connection, or other
34personal property described by DNR rule. The third condition
35occurs when the same person holds a legal or equitable interest
-7-1in the real property where the operations are located. If the
2person is a business entity, the business entity’s interest is
3attributable to any person who owns an interest in the entity
4or who is an employee, manager, or officer of the entity. A
5person’s interest is also attributable to a relative (e.g.,
6spouse, child, or brother or sister). A person’s interest
7does not include the acquisition of property by a number of
8devices including by operation of law, an encumbrance taken as
9a security, or under contract with a government entity.
   10BACKGROUND — CURRENT LAW — ADJACENCY. For purposes of air
11quality regulation, two or more animal feeding operations under
12common ownership or management are deemed to be a single animal
13feeding operation if they are adjacent or utilize a common
14system for manure storage and are separated within a minimum
15distance from each other based on the size of the operation.
16For purposes of water quality regulation, two or more animal
17feeding operations under common ownership or management are
18deemed to be a single operation if they are adjacent or utilize
19a common area or system for manure disposal and are separated
20by another set of separation distances again based on the size
21of the operation.
   22BACKGROUND — AUC. AUC refers to a measurement used to
23determine the maximum number of animal units that may be
24maintained as part of an animal feeding operation at any one
25time. In calculating AUC, a special equivalency factor is
26assigned for each classification of confined animal.
   27BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
28 Compliance with a statutory regulation under the Code chapter
29includes compliance with a rule adopted by DNR (Code section
30459.103). Code section 459.602 provides for civil penalties
31that may be assessed for violations of Code chapter 459,
32subchapter II (air quality regulations). A violator is subject
33to Code section 455B.109, which provides for the administrative
34assessment of civil penalties of up to $10,000. Code section
35459.603 provides for civil penalties that may be assessed for
-8-1violations of Code chapter 459, subchapter III (water quality
2regulations). A violator is subject to either Code section
3455B.109 providing for the administrative assessment of civil
4penalties or Code section 455B.191, which provides for a
5general civil penalty assessed judicially of up to $5,000.
   6EFFECTIVE DATE. The bill, if enacted, takes effect upon
7enactment.
   
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