House File 203 - IntroducedA Bill ForAn Act 1establishing a moratorium relating to the construction,
2including expansion, of structures that are part of
3certain confinement feeding operations where swine are
4kept, requesting an interim study committee, and including
5effective date provisions.
1   Section 1.  NEW SECTION.  459.104  Moratorium — confinement
2feeding operations in which swine are kept.
   31.  a.  The department shall not approve an application
4for a permit for the construction, including expansion, of a
5confinement feeding operation structure under this chapter, if
6the structure is part of a confinement feeding operation in
7which swine are kept.
   8b.  A person shall not begin construction, including
9expansion, of a confinement feeding operation structure under
10this chapter, if the structure is part of a confinement feeding
11operation in which swine are kept. However, this paragraph
12does not apply to a confinement feeding operation which has an
13animal unit capacity of three hundred or fewer animal units.
   142.  Nothing in this section shall prohibit a person from
15completing construction, including expansion, of a confinement
16feeding operation structure, if prior to the effective date
17of this Act, the person has begun construction, including
18expansion, of the confinement feeding operation structure as
19otherwise allowed under this chapter.
22is requested to establish an interim study committee to
23consider methods to provide for greater public participation
24in the process of approving or disapproving the construction,
25including expansion, of confinement feeding operation
26structures which are part of confinement feeding operations
27where swine are kept. The interim study committee shall
28consider methods to provide for greater decision-making by
29county boards of supervisors and by the reformation of the
30master matrix as provided in section 459.305. If established,
31the interim study committee shall submit a report to the
32general assembly by January 10, 2020, which includes findings
33and recommendations.
34   Sec. 3.   EFFECTIVE DATE. This Act, being deemed of immediate
35importance, takes effect upon enactment.
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4MORATORIUM. This bill amends Code chapter 459 (the “Animal
5Agriculture Compliance Act”) by establishing a moratorium upon
6the construction, including expansion, of certain confinement
7feeding operation structures (structures) such as buildings
8or manure storage structures associated with the confinement
9feeding operation where swine are kept. The moratorium does
10not apply to a confinement feeding operation having an animal
11unit capacity of 300 or fewer animal units.
   12The bill provides that during the period of the moratorium,
13the department of natural resources is prohibited from
14approving an application for a permit to construct a
15structure, and that a person is prohibited from beginning
16such construction. The bill does not prohibit a person from
17completing construction if, prior to the effective date of the
18bill, the person has begun the construction.
   19LEGISLATIVE STUDY. The bill requests that the legislative
20council establish an interim committee to study methods to
21increase greater public participation in the construction of
22structures associated with swine production and submit a report
23to the general assembly by January 10, 2020.
   24BACKGROUND. The department of natural resources regulates
25confinement feeding operations. A confinement feeding
26operation refers to an area in which certain animals associated
27with agriculture are confined and fed and maintained under a
28roof for 45 days or more in any 12-month period, and includes
29associated structures including buildings and facilities used
30to store manure. A permit to construct or expand a structure
31is required if the structure is an unformed manure storage
32structure (e.g., an anaerobic lagoon or earthen manure storage
33structure) or the structure is associated with a confinement
34feeding operation of a certain size based on a calculation
35of its proposed animal unit capacity (AUC) which equals the
-2-1maximum number of animal units that may be maintained under
2roof at any one time (Code section 459.102). A permit is
3required if the confinement feeding operation would have an
4AUC of 1,000 or more. In calculating AUC, each of various
5types of animals are assigned a special equivalency factor.
6For example, a butcher or breeding swine weighing more than
755 pounds has an equivalency factor of 0.4 animal units (Code
8section 459.102). A confinement feeding operation proposed to
9include one or more buildings with a capacity of 2,500 breeding
10swine would be required to obtain a permit (2,500 x 0.4 = 1,000
11AUC). In any case, a proposed confinement feeding operation
12having 755 such swine would be subject to the bill’s moratorium
13(755 x 0.4 = 302 AUC).
   14EFFECTIVE DATE. The bill, if enacted, would take effect upon
15that date.
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