Print
House File 521 - IntroducedA Bill ForAn Act 1providing for animal feeding operations, including by
2providing for the zoning of structures, the regulation of
3structures and operations, providing for property taxes,
4making penalties applicable, and including effective date
5and retroactive applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.304A, subsection 2, Code 2019, is
2amended to read as follows:
32. a. A county shall not adopt or enforce county
4legislation regulating a condition or activity occurring
5on land used for the production, care, feeding, or housing
6of animals unless the regulation of the production, care,
7feeding, or housing of animals is expressly authorized by
8state law. County legislation adopted in violation of this
9section is void and unenforceable and any enforcement activity
10conducted in violation of this section is void. A condition
11or activity occurring on land used for the production, care,
12feeding, or housing of animals includes but is not limited to
13the construction, operation, or management of an animal feeding
14operation, an animal feeding operation structure, or aerobic
15structure, and to the storage, handling, or application of
16manure or egg washwater.
17b. Paragraph “a” does not apply to a confinement feeding
18operations siting ordinance as provided in section 459.305A.
19 Sec. 2. Section 335.2, Code 2019, is amended to read as
20follows:
21335.2 Farms exempt.
221. Except to the extent required to implement section
23335.27, no ordinance adopted under this chapter applies to
24land, farm houses, farm barns, farm outbuildings or other
25buildings or structures which are primarily adapted, by reason
26of nature and area, for use for agricultural purposes, while
27so used. However, the ordinances may apply to any structure,
28building, dam, obstruction, deposit or excavation in or on the
29flood plains of any river or stream.
302. Subsection 1 does not apply to a confinement feeding
31operations siting ordinance as provided in section 459.305A.
32 Sec. 3. Section 427.1, subsection 19, paragraph e,
33subparagraph (1), Code 2019, is amended to read as follows:
34(1) For the purposes of this subsection, “pollution-control
35property”:
-1- 1(a) “Pollution-control property”means personal property or
2improvements to real property, or any portion thereof, used
3primarily to control or abate pollution of any air or water of
4this state or used primarily to enhance the quality of any air
5or water of this state and “recycling property” means personal
6property or improvements to real property or any portion of
7the property, used primarily in the manufacturing process and
8resulting directly in the conversion of waste glass, waste
9plastic, wastepaper products, waste paperboard, or waste wood
10products into new raw materials or products composed primarily
11of recycled material. In the event such property shall also
12serve other purposes or uses of productive benefit to the owner
13of the property, only such portion of the assessed valuation
14thereof as may reasonably be calculated to be necessary for
15and devoted to the control or abatement of pollution, to the
16enhancement of the quality of the air or water of this state,
17or for recycling shall be exempt from taxation under this
18subsection.
19(b) “Pollution-control property” or “recycling property”
20 does not include property used for purposes related to the
21care and feeding of livestock as defined in section 169C.1,
22except for property which is eligible for a family farm tax
23credit as provided in chapter 425A. The exemption calculated
24for pollution-control property or recycling property used for
25the purpose of care and feeding of livestock and which is
26eligible for a family farm tax credit is limited to the first
27one hundred thousand dollars of the property’s assessed value.
28 Sec. 4. Section 459.102, subsection 14, Code 2019, is
29amended to read as follows:
3014. “Confinement feeding operation” means an animal feeding
31operation in which animals are confined to areas which are
32totally or partially roofed.
33 Sec. 5. Section 459.102, Code 2019, is amended by adding the
34following new subsections:
35 NEW SUBSECTION. 17A. “Contract livestock facility” means
-2-1the same as defined in section 202.1.
2 NEW SUBSECTION. 17B. “Contract producer” means the same as
3defined in section 202.1.
4 NEW SUBSECTION. 17C. “Contractor” means the same as defined
5in section 202.1.
6 NEW SUBSECTION. 29A. “Formed egg washwater storage
7structure” means an egg washwater storage structure that has
8walls and a floor constructed of concrete, concrete block,
9wood, steel, or similar materials.
10 NEW SUBSECTION. 42A. “Production contract” means the same
11as defined in section 202.1.
12 NEW SUBSECTION. 57A. “Unformed egg washwater storage
13structure” means an egg washwater storage structure other than
14a formed egg washwater storage structure.
15 Sec. 6. Section 459.103, subsection 2, Code 2019, is amended
16to read as follows:
172. Any provision referring generally to compliance with
18the requirements of this chapter as applied to animal feeding
19operations also includes compliance with requirements in
20rules adopted by the commission pursuant to this section,
21orders issued by the department as authorized under this
22chapter, and the terms and conditions applicable to licenses,
23certifications, permits, or manure management plans required
24under subchapter III. However, for purposes of approving
25or disapproving an application for a construction permit as
26provided in section 459.304, conditions for the approval of an
27application based on results produced by a master matrix are
28not requirements of this chapter until the department approves
29or disapproves an application based on those results.
30 Sec. 7. NEW SECTION. 459.104 Confinement feeding operations
31— impaired waters.
321. As used in this section, unless the context otherwise
33requires:
34a. “Section 303(d) list” means the same as defined in
35section 455B.171.
-3- 1b. “Subwatershed” means the same as defined in section
2466B.2.
32. a. A person shall not construct, including expand, a
4confinement feeding operation structure, if the confinement
5feeding operation structure would be located in a subwatershed
6that drains into a water body or water segment that has been
7placed on the department’s section 303(d) list, regardless of
8whether a total maximum daily load for that water body or water
9segment has been developed.
10b. The department shall not file or approve an application
11for a permit to construct, including expand, a confinement
12feeding operation structure, if the person could not construct
13the confinement feeding operation structure under paragraph
14“a”.
153. Subsection 2 does not apply to prevent a person from
16constructing, including expanding, a confinement feeding
17operation structure as otherwise provided in this subchapter,
18if the confinement feeding operation structure is located in a
19subwatershed that drains into a water body or water segment,
20and the department does all of the following:
21a. Removes the water body or water segment from the section
22303(d) list.
23b. Determines that the water body or water segment is
24classified for a primary contact recreational use as provided
25in 567 IAC 61.3.
264. Nothing in this section shall prohibit a person from
27completing construction, including expansion, of a confinement
28feeding operation structure, if prior to the effective date
29of this Act, the person has begun construction, including
30expansion, of the confinement feeding operation structure as
31otherwise allowed under this chapter.
32 Sec. 8. NEW SECTION. 459.201A Reporting requirement —
33animals maintained at a confinement feeding operation.
34The department may require the owner or operator of a
35confinement feeding operation to submit one or more animals
-4-1confined reports that contain information regarding the number
2of animals maintained at the confinement feeding operation in a
3manner and during a time period that the department determines
4is relevant. The report shall present the information in
5a manner that converts the number of animals maintained to
6equivalent animal units.
7 Sec. 9. NEW SECTION. 459.301A Reporting requirement —
8animals maintained at a confinement feeding operation.
9The department may require the owner or operator of a
10confinement feeding operation to submit one or more animals
11confined reports that contain information regarding the number
12of animals maintained at the confinement feeding operation in a
13manner and during a time period that the department determines
14is relevant. The report shall present the information in
15a manner that converts the number of animals maintained to
16equivalent animal units.
17 Sec. 10. Section 459.303, subsection 1, paragraph a, Code
182019, is amended by adding the following new subparagraph:
19 NEW SUBPARAGRAPH. (3) A confinement feeding operation
20structure if constructed or expanded would exist within an area
21of the state which the department classifies as prone to the
22formation of sinkholes.
23 Sec. 11. Section 459.303, subsection 2, Code 2019, is
24amended by striking the subsection.
25 Sec. 12. Section 459.303, subsection 3, paragraph b, Code
262019, is amended to read as follows:
27b. A manure management plan as provided in section 459.312
28and, a manure management plan filing fee as provided in section
29459.400, and evidence that a surety bond has been furnished to
30the department as provided in section 459.312.
31 Sec. 13. Section 459.303, subsection 3, Code 2019, is
32amended by adding the following new paragraphs:
33 NEW PARAGRAPH. e. A statement acknowledging or denying
34that the applicant and a contractor are parties to a production
35contract, or are negotiating to be parties to a production
-5-1contract. If the statement is an acknowledgment, the
2application shall include all of the following:
3(1) The name and mailing address of the contractor.
4(2) Whether the applicant is a contract producer or is
5negotiating to become a contract producer.
6(3) Whether the confinement feeding operation structure if
7constructed would be part of a confinement feeding operation
8that may become a contract livestock facility.
9 NEW PARAGRAPH. f. A brief summary of the application
10completed on a form prepared by the department in consultation
11with the Iowa state association of counties. The completed
12form shall at least include all of the following:
13(1) The name and mailing address of the applicant.
14(2) The type of animal to be maintained at the confinement
15feeding operation classified by animal unit, if all proposed
16confinement feeding operation structures were constructed.
17(3) The maximum number of animals and the maximum number
18of animal units to be maintained at the confinement feeding
19operation, if all proposed confinement feeding operation
20structures were constructed.
21(4) A brief description of the location, type, and size of
22each confinement feeding operation structure proposed to be
23constructed.
24 NEW PARAGRAPH. g. A list containing the name and last known
25mailing address of each person holding legal title to land
26located within two miles of the confinement feeding operation
27structure proposed to be constructed. The names and mailing
28addresses may be the same as those shown in the records of
29the county auditor of the county located within two miles of
30the confinement feeding operation structure proposed to be
31constructed.
32 Sec. 14. Section 459.303, subsection 4, Code 2019, is
33amended by striking the subsection.
34 Sec. 15. Section 459.303, Code 2019, is amended by adding
35the following new subsection:
-6-1 NEW SUBSECTION. 4A. If the application is for a permit
2to expand a confinement feeding operation, the department may
3require the applicant to submit an animals confined report as
4described in section 459.301A.
5 Sec. 16. Section 459.303, subsection 7, Code 2018, is
6amended by adding the following new paragraph:
7 NEW PARAGRAPH. c. The department shall not issue a
8permit to a person under this section if a surety bond
9furnished to the department under section 459.312 has
10expired, been canceled, been suspended, or been revoked.
11This paragraph applies to a permit for the construction of a
12confinement feeding operation structure regardless of whether
13the confinement feeding operation structure is part of a
14confinement feeding operation described in the bond.
15 Sec. 17. NEW SECTION. 459.305A County control of siting.
161. A county may adopt a confinement feeding operations
17siting ordinance. The purpose of the ordinance is to allow
18the county board of supervisors to approve or disapprove
19the location of any construction, including expansion, of a
20confinement feeding operation within the county.
212. A person shall not construct a confinement feeding
22operation in a county that has adopted a confinement feeding
23operations siting ordinance until the county board of
24supervisors has approved the location of the confinement
25feeding operation in a manner and according to procedures
26required in the ordinance.
27a. The county board of supervisors may subject its
28approval to conditions for the construction or operation of
29the confinement feeding operation or the application of manure
30originating from the confinement feeding operation.
31b. A person required to be issued a permit by the department
32for the construction of a confinement feeding operation as
33provided in section 459.303 must be issued such permit prior to
34obtaining approval by the county board of supervisors.
35c. A county board of supervisors may base its approval or
-7-1disapproval on factors other than factors considered by the
2department when approving or disapproving an application to
3construct the confinement feeding operation.
43. A county may adopt county legislation necessary to
5effectuate the purposes of this section notwithstanding section
6331.304A or 335.2.
7 Sec. 18. Section 459.307, subsection 4, Code 2019, is
8amended by striking the subsection.
9 Sec. 19. Section 459.308, subsection 3, Code 2019, is
10amended by striking the subsection.
11 Sec. 20. NEW SECTION. 459.309 Manure storage structures —
12notice of structural failure.
131. The owner or operator of a confinement feeding operation
14shall notify the department of the structural failure of a
15manure storage structure that is part of the confinement
16feeding operation, regardless of whether it is a failure in
17design or construction or whether such failure may result in a
18violation of section 459.311.
192. The owner or operator of a confinement feeding operation
20shall notify the department of a probable immediate structural
21failure of a manure storage structure that is part of a
22confinement feeding operation, as described in subsection 1.
23The determination of a probable immediate structural failure
24shall be based on factors established by the department which
25may include any of the following:
26a. An observation by the owner or operator of the
27confinement feeding operation that the integrity of the
28structure has been compromised.
29b. An observation by the owner or operator of the
30confinement feeding operation that a discharge from the manure
31storage structure appears to have occurred.
32c. A verbal or written report made to the owner or operator
33of the confinement feeding operation by a professional engineer
34based on the professional engineer’s inspection of the manure
35storage structure.
-8- 13. The department shall adopt rules providing notice
2procedures, including when and how the owner or operator of
3the confinement feeding operation is required to contact the
4department.
5a. The department may provide for different procedures based
6on factors established by the department that quantify the
7level of threat to water quality resulting from a structural
8failure as described in subsection 1 or a probable immediate
9structural failure as described in subsection 2. The factors
10may include but are not limited to any of the following:
11(1) The type and size of the confinement feeding operation
12structure.
13(2) The proximity of any discharge or probable immediate
14discharge to the groundwater, a major water source, or a
15high-quality water source.
16(3) Whether the confinement feeding operation structure is
17located on karst terrain.
18b. The department may provide for different procedures
19based on whether the structural failure has caused or may cause
20injury or suffering to an animal maintained in a confinement
21building that is associated with a manure storage structure.
22 Sec. 21. NEW SECTION. 459.309 Construction and expansion of
23animal feeding operation structures — karst terrain or terrain
24that drains into a known sinkhole.
251. A person shall not construct or expand an animal feeding
26operation structure on karst terrain or terrain that drains
27into a known sinkhole.
282. Subsection 1 does not apply to any of the following:
29a. The construction of a formed manure storage structure
30that is constructed to replace an unformed manure storage
31structure. The formed manure storage structure must
32be constructed in a manner that complies with upgraded
33construction design standards necessary to ensure that the
34structure does not pollute groundwater sources. However, the
35capacity of all replacement formed manure storage structures
-9-1shall not exceed the capacity required to store all manure from
2the animal feeding operation on the effective date of this Act.
3b. The construction of a formed egg washwater storage
4structure that is constructed to replace an unformed egg
5washwater storage structure. The formed egg washwater storage
6structure must be constructed in a manner that complies with
7upgraded construction design standards necessary to ensure that
8the structure does not pollute groundwater sources. However,
9the capacity of all replacement formed egg washwater storage
10structures shall not exceed the capacity required to store
11all egg washwater from the animal feeding operation on the
12effective date of this Act.
133. a. If an unformed manure storage structure was
14constructed on karst terrain or terrain that drains into a
15known sinkhole prior to the effective date of this Act, there
16must be a twenty-five-foot vertical separation distance between
17the bottom of the unformed manure storage structure and any
18underlying limestone, dolomite, or other soluble rock. The
19unformed manure storage structure must have been constructed
20according to construction design standards necessary to ensure
21that the structure does not pollute groundwater sources.
22b. A formed manure storage structure constructed on karst
23terrain or terrain that drains into a known sinkhole prior to
24the effective date of this Act, must have been constructed
25according to construction design standards necessary to ensure
26that the structure does not pollute groundwater sources.
27 Sec. 22. NEW SECTION. 459.309B Sinkholes.
28If the confinement feeding operation structure is to be
29constructed or expanded within an area of the state which the
30department classifies as prone to the formation of sinkholes, a
31statement by a qualified geologist verifying that there is a
32low probability that a sinkhole if formed would exist within
33the applicable separation distance between the sinkhole and
34confinement feeding operation structure as otherwise required
35pursuant section 459.310.
-10-1 Sec. 23. Section 459.311D, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3459.311D Stockpiling dry manure on karst terrain or terrain
4that drains into a known sinkhole.
51. Except as provided in this section, a person shall not
6stockpile dry manure on karst terrain or in an area that drains
7into a known sinkhole.
82. A person who stockpiled dry manure on karst terrain
9or in an area that drains into a known sinkhole prior to the
10effective date of this Act may continue to stockpile the dry
11manure at the same location so long as the person complies with
12all of the following:
13a. There is a vertical separation distance of at least five
14feet between the bottom of the stockpile and the underlying
15limestone, dolomite, or other soluble rock.
16b. The dry manure is stockpiled in a qualified stockpile
17structure.
18c. The person does not expand the volume or weight of dry
19manure.
20d. A person shall discontinue stockpiling dry manure at
21that same location on and after July 1, 2027, unless the
22person obtains a waiver by the department upon such terms and
23conditions required by the department. The department shall
24only grant a waiver if the department is satisfied that the
25stockpiled dry manure does not pollute groundwater sources.
26 Sec. 24. NEW SECTION. 459.311F Outstanding Iowa waters.
27A person shall not construct or expand a confinement feeding
28operation structure in a watershed with a hydrologic unit
29code scale 12 or smaller, if the watershed constitutes an
30outstanding state resource, including waters of exceptional
31recreational or ecological significance, as designated by the
32department.
33 Sec. 25. Section 459.312, subsection 1, paragraph a,
34subparagraph (1), Code 2019, is amended by striking the
35subparagraph.
-11-1 Sec. 26. Section 459.312, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6A. The department shall not approve an
4original manure management plan or an updated manure management
5plan, unless it is accompanied with evidence that a surety bond
6has been furnished to the department by a surety. However, the
7department may approve an original manure management plan on
8the condition that the bond be furnished prior to the date that
9manure is stored in the manure storage structure described in
10the manure management plan.
11a. The surety must be a business entity organized or formed
12in this state or otherwise authorized to do business in this
13state as a surety company and be approved by the department
14according to criteria established by the department. The bond
15shall be in the amount of ten million dollars.
16b. The bond shall run to the state, and guarantee payment
17to the state of costs directly attributable to a violation of
18section 459.311 that causes a discharge of manure from a manure
19storage structure as described in the manure management plan.
20The costs shall be limited to any of the following:
21(1) The reimbursement of moneys expended by the state, a
22political subdivision, or an agent of the state or a political
23subdivision, for reasonable costs of providing for containment
24or cleanup. The reimbursement may cover costs associated with
25cleaning up the confinement feeding operation and remediating
26contamination which originates from the confinement feeding
27operation, pursuant to sections 455B.381 through 455B.399.
28(2) The restoration of wild animal populations or habitat,
29to the extent that any payment received under the bond is not
30duplicative of a restitution payment received by the state
31under section 481A.151.
32(3) Payment of a judgment award recovered by a person in a
33civil action for actual property damages, including reasonable
34attorney’s fees. The bond shall be open to successive judgment
35awards caused by the same violation.
-12- 1c. The total and aggregate liability of the surety for all
2claims by the state arising from the violation shall be limited
3to the face of the bond.
4d. The bond shall not expire until sixty days after
5expiration of the manure management plan. The surety shall
6not cancel the bond without providing for at least forty-five
7days’ notice by certified mail to the department and the
8owner required to submit the manure management plan. When
9the department receives a notice of cancellation, and a bond
10is still required, the department shall automatically suspend
11the manure management plan if the department does not receive
12a replacement bond within thirty days of the delivery of the
13notice of cancellation. If a replacement bond is not furnished
14to the department within ten days following the suspension, the
15department shall automatically revoke the manure management
16plan. In addition, the department shall disapprove all pending
17permit applications for the construction of a confinement
18feeding operation structure filed with the department by the
19owner as provided in section 459.303.
20 Sec. 27. Section 459.312, subsection 10, Code 2019, is
21amended by adding the following new paragraph:
22 NEW PARAGRAPH. 0a. The average number of animal units
23maintained at the confinement feeding operation during a period
24established by the department.
25 Sec. 28. Section 459.319, subsection 2, Code 2019, is
26amended by adding the following new paragraph:
27 NEW PARAGRAPH. c. A person who stockpiles dry manure on
28karst terrain or in an area that drains into a known sinkhole.
29 Sec. 29. Section 459A.102, subsection 28, Code 2019, is
30amended to read as follows:
3128. “Open feedlot operation” or “operation” means an
32unroofed or partially roofed animal feeding operation if crop,
33vegetation, or forage growth or residue cover is not maintained
34as part of the animal feeding operation during the period that
35animals are confined in the animal feeding operation and the
-13-1animals have unrestricted access to any structure.
2 Sec. 30. Section 459A.102, Code 2019, is amended by adding
3the following new subsection:
4 NEW SUBSECTION. 31A. “Qualified stockpile structure” means
5the same as defined in section 459.102.
6 Sec. 31. NEW SECTION. 459A.106 Open feedlot operations and
7small animal truck wash facilities — impaired waters.
81. As used in this section, unless the context otherwise
9requires:
10a. “Section 303(d) list” means the same as defined in
11section 455B.171.
12b. “Subwatershed” means the same as defined in section
13466B.2.
142. a. A person shall not construct, including expand, a
15structure, if the structure would be located in a subwatershed
16that drains into a water body or water segment that has been
17placed on the department’s section 303(d) list, regardless of
18whether a total maximum daily load for that water body or water
19segment has been developed.
20b. The department shall not file or approve an application
21for a permit to construct, including expand, a structure, if
22the person could not construct the structure under paragraph
23“a”.
243. Subsection 2 does not apply to prevent a person from
25constructing, including expanding, a structure as otherwise
26provided in this subchapter, if the structure is located in a
27subwatershed that drains into a water body or water segment,
28and the department does all of the following:
29a. Removes the water body or water segment from the section
30303(d) list.
31b. Determines that the water body or water segment is
32classified for a primary contact recreational use as provided
33in 567 IAC 61.3.
344. Nothing in this section shall prohibit a person from
35completing construction, including expansion, of a structure,
-14-1if prior to the effective date of this Act, the person has
2begun construction, including expansion, of the structure as
3otherwise allowed under this chapter.
4 Sec. 32. NEW SECTION. 459A.107 Outstanding Iowa waters.
5A person shall not construct or expand a structure in a
6watershed with a hydrologic unit code scale 12 or smaller,
7if the watershed constitutes an outstanding state resource,
8including waters of exceptional recreational or ecological
9significance, as designated by the department.
10 Sec. 33. NEW SECTION. 459A.107B Sinkholes.
11If an open feedlot operation structure is to be constructed
12or expanded within an area of the state which the department
13classifies as prone to the formation of sinkholes, a statement
14by a qualified geologist verifying that there is a low
15probability that a sinkhole if formed would exist within
16the applicable separation distance between the sinkhole and
17structure as otherwise required pursuant to section 459.310.
18 Sec. 34. Section 459A.205, subsection 8, paragraph e,
19subparagraph (2), Code 2019, is amended to read as follows:
20(2) If an a formed animal truck wash effluent structure
21is to be constructed on karst terrain as provided in section
22459A.406A, the engineering report must establish that the
23construction complies with the requirements of section
24459A.404.
25 Sec. 35. Section 459A.403, Code 2019, is amended by adding
26the following new subsection:
27 NEW SUBSECTION. 3. A person shall not stockpile solids on
28karst terrain or in an area that drains into a known sinkhole
29except as provided in section 459A.403A.
30 Sec. 36. NEW SECTION. 459A.403A Stockpiling solids on karst
31terrain or terrain that drains into a known sinkhole — open
32feedlots and animal truck wash facility.
331. Except as provided in this section, a person shall not
34stockpile solids on karst terrain or in an area that drains
35into a known sinkhole.
-15- 12. A person who stockpiled solids on karst terrain or in an
2area that drains into a known sinkhole prior to the effective
3date of this Act may continue to stockpile the solids at the
4same location so long as the person complies with all of the
5following:
6a. There is a vertical separation distance of at least five
7feet between the bottom of the stockpile and any underlying
8limestone, dolomite, or other soluble rock.
9b. The solids are stockpiled in a qualified stockpile
10structure.
11c. The person does not expand the volume or weight of
12stockpiled solids.
13d. A person stockpiling solids shall remove the solids and
14apply them in accordance with the provisions of chapter 459,
15including section 459.311 within six months after the solids
16are first stockpiled. A person shall discontinue stockpiling
17the solids at that same location on and after July 1, 2027,
18unless the person obtains a waiver by the department upon
19such terms and conditions required by the department. The
20department shall only grant a waiver if the department is
21satisfied that the stockpiled solids do not pollute groundwater
22sources.
23 Sec. 37. Section 459A.404, subsection 5, Code 2019, is
24amended by striking the subsection.
25 Sec. 38. NEW SECTION. 459A.406 Construction and expansion
26of open feedlot operation structures — karst terrain or terrain
27that drains into a known sinkhole.
281. A person shall not construct or expand an open feedlot
29operation structure on karst terrain or terrain that drains
30into a known sinkhole.
312. If an open feedlot operation structure was constructed
32on karst terrain or terrain that drains into a known sinkhole
33prior to the effective date of this Act, there must be a
34twenty-five-foot vertical separation distance between the
35bottom of the open feedlot operation structure and any
-16-1underlying limestone, dolomite, or other soluble rock. The
2open feedlot operation structure must have been constructed
3according to construction design standards necessary to ensure
4the structure does not pollute groundwater sources.
5 Sec. 39. NEW SECTION. 459A.406A Construction and expansion
6of animal truck wash effluent structures — karst terrain or
7terrain that drains into a known sinkhole.
81. A person shall not construct or expand an animal truck
9wash effluent structure on karst terrain on and after the
10effective date of this Act.
112. Subsection 1 does not apply to the construction
12of a formed animal truck wash effluent structure that is
13constructed to replace an unformed animal truck wash effluent
14structure on karst terrain or terrain that drains into a known
15sinkhole. The formed animal truck wash effluent structure
16must be constructed in a manner that complies with upgraded
17construction design standards necessary to ensure that the
18structure does not pollute groundwater sources. However, the
19capacity of all replacement formed animal truck wash effluent
20structures shall not exceed the capacity required to store all
21animal truck wash effluent from the animal truck wash facility
22on the effective date of this Act.
233. a. If an unformed animal truck wash effluent structure
24was constructed on karst terrain or terrain that drains into a
25known sinkhole prior to the effective date of this Act, there
26must be a twenty-five-foot vertical separation distance between
27the bottom of the unformed animal truck wash effluent structure
28and any underlying limestone, dolomite, or other soluble rock.
29The unformed animal truck wash effluent structure must have
30been constructed according to construction design standards
31necessary to ensure the structure does not pollute groundwater
32sources.
33b. A formed animal truck wash effluent structure constructed
34on karst terrain or terrain that drains into a known sinkhole
35prior to the effective date of this Act, must have been
-17-1constructed according to construction design standards
2necessary to ensure that the structure does not pollute
3groundwater sources.
4 Sec. 40. Section 459B.201, Code 2019, is amended to read as
5follows:
6459B.201 Construction design standards.
7A person constructing a dry bedded confinement feeding
8operation structure on karst terrain or in an alluvial aquifer
9area shall comply with all of the following:
101. The person must construct the dry bedded confinement
11feeding operation structure at a location where there is a
12vertical separation distance of at least five feet between
13the bottom of the floor of the dry bedded confinement feeding
14operation structure and the underlying limestone, dolomite, or
15other soluble rock in karst terrain or the underlying sand and
16gravel aquifer in an alluvial aquifer area.
172. The person must construct the dry bedded confinement
18feeding operation structure with a floor consisting of
19reinforced concrete at least five inches thick.
20 Sec. 41. NEW SECTION. 459B.203 Karst terrain and terrain
21that drains into a known sinkhole — construction and expansion
22of dry bedded confinement feeding operation structures.
231. A person shall not construct or expand a dry bedded
24confinement feeding operation structure on karst terrain or
25terrain that drains into a known sinkhole.
262. If a dry bedded confinement feeding operation structure
27was constructed on karst terrain or terrain that drains into
28a known sinkhole prior to the effective date of this Act,
29there must be a five-foot vertical separation distance between
30the bottom of the dry bedded confinement feeding operation
31structure and any underlying limestone, dolomite, or other
32soluble rock. The dry bedded confinement feeding operation
33structure must have been constructed according to construction
34design standards necessary to ensure the structure does not
35pollute groundwater sources.
-18-1 Sec. 42. Section 459B.307, subsection 1, paragraph e,
2unnumbered paragraph 1, Code 2019, is amended to read as
3follows:
4The person shall not stockpile dry bedded manure on karst
5terrain or in an alluvial aquifer area unless the person
6complies with all of the following:
7 Sec. 43. Section 459B.307, Code 2019, is amended by adding
8the following new subsection:
9 NEW SUBSECTION. 3. A person shall only stockpile dry bedded
10manure on karst terrain or terrain that drains into a known
11sinkhole as provided in section 459B.307A.
12 Sec. 44. NEW SECTION. 459B.307A Stockpiling dry bedded
13manure on karst terrain or terrain that drains into a known
14sinkhole.
151. Except as provided in this section, a person shall not
16stockpile dry bedded manure on karst terrain or in an area that
17drains into a known sinkhole.
182. A person who stockpiled dry bedded manure on karst
19terrain or in an area that drains into a known sinkhole prior
20to the effective date of this Act may continue to stockpile the
21dry bedded manure at the same location so long as the person
22complies with all of the following:
23a. There is a vertical separation distance of at least five
24feet between the bottom of the stockpile and any underlying
25limestone, dolomite, or other soluble rock.
26b. The dry bedded manure is stockpiled in a qualified
27stockpile structure.
28c. The person does not expand the volume or weight of
29stockpiled dry bedded manure.
30d. A person stockpiling dry bedded manure shall remove
31the dry bedded manure and apply it in accordance with the
32provisions of chapter 459, including section 459.311 within
33six months after the dry bedded manure is first stockpiled.
34A person shall discontinue stockpiling dry bedded manure at
35that same location on and after July 1, 2027, unless the
-19-1person obtains a waiver by the department upon such terms and
2conditions required by the department. The department shall
3only grant a waiver if the department is satisfied that the
4stockpiled dry bedded manure does not pollute groundwater
5sources.
6 Sec. 45. Section 481A.151, subsection 1, Code 2019, is
7amended to read as follows:
81. a. A person who is liable for polluting a water of this
9state in violation of state law, including this chapter, shall
10also be liable to pay restitution to the department for injury
11caused to a wild animal by the pollution. The amount of the
12restitution shall also include the department’s administrative
13costs for investigating the incident.
14b. The administration of this section shall not result in
15a duplication of damages collected by the department under
16section 455B.392, subsection 1, paragraph “a”, subparagraph
17(3), or section 459.312, subsection 6A.
18 Sec. 46. REPEAL. Sections 459.304 and 459.305, Code 2019,
19are repealed.
20 Sec. 47. EFFECTIVE DATE. This Act, being deemed of
21immediate importance, takes effect upon enactment, other than
22the section of this Act amending section 427.1, which takes
23effect January 1, 2020.
24 Sec. 48. APPLICABILITY. Section 427.1, as amended in this
25Act, applies to tax years beginning on or after January 1,
262020.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30GENERAL. This bill amends a number of provisions relating
31to animal feeding operations, including confinement feeding
32operations under Code chapter 459 (“Animal Agriculture
33Compliance Act”), open feed lot operations and animal truck
34wash facilities under Code chapter 459A (“Animal Agriculture
35Compliance Act for Open Feedlot Operations and Animal Truck
-20-1Wash Facilities”), and Code chapter 459B (“Animal Agriculture
2Compliance Act for Dry Bedded Confinement Feeding Operations”).
3CONFINEMENT FEEDING OPERATIONS — COUNTY ZONING. The
4bill provides that a county may adopt a confinement feeding
5operations siting ordinance which allows a county board of
6supervisors (board) to approve the site where the construction
7of a structure associated with a confinement feeding operation
8(CAFO) is to occur. The board may place conditions on site
9approval if the conditions relate to the construction or
10operation of the confinement feeding operation or to manure
11application.
12The bill provides that the county may adopt the ordinance
13notwithstanding provisions in Code section 331.304A which
14prohibits a county from adopting legislation that regulates
15animal agriculture and Code section 335.2 which prohibits a
16county from adopting an ordinance that provides for the zoning
17of farm structures.
18CAFOs — PROPERTY TAXATION. The bill amends Code section
19427.1, which provides a number of exemptions from property
20taxation. The Code section includes an exemption for certain
21types of pollution-control and recycling property as certified
22by the department of natural resources. The bill limits this
23tax exemption for such property that is related to the care
24and feeding of livestock by requiring that the property used
25for the care and feeding of livestock must be eligible for a
26family farm tax credit under Code chapter 425A. The bill also
27provides that the tax credit still available is limited to the
28first $100,000 of the property’s assessed value.
29CAFOs — DEFINITION. The bill provides that a CAFO includes
30any partially roofed area which animals are confined.
31CAFOs — CONTRACT PRODUCTION. The bill amends provisions
32that require the department of natural resources (DNR) to
33approve or disapprove an application for a permit to construct
34a confinement feeding operation structure (structure) which
35is part of an existing or proposed CAFO. The bill provides
-21-1that the application must state whether the CAFO is or could
2become a contract livestock facility. It also provides that
3the statement must be included in the notice of a public
4hearing conducted by the board in the county where the proposed
5structure is to be constructed.
6Code chapter 202 regulates the relationship between a
7contractor and a contract producer of a commodity, including
8livestock, and the Code chapter includes a number of defined
9terms. A contractor is a person who enters into an agreement
10with an agricultural producer to raise livestock on property
11held by the agricultural producer (contract livestock
12facility). The agricultural producer is referred to as a
13contract producer. The contract is referred to as a production
14contract.
15CAFOs — REPORTING. The bill provides that for purposes
16of administering and enforcing Code chapter 459, subchapter
17II, relating to air quality and Code chapter 459, subchapter
18III, relating to water quality, DNR may require that the owner
19or operator of a CAFO submit one or more animals confined
20reports that contain information regarding the number of
21animals maintained at the operation in a manner and during
22a time period that DNR determines is relevant. The report
23must present the information in a manner that calculates the
24number of animals maintained as animal units (AU). The bill
25authorizes DNR to require a report as part of a construction
26permit to expand a structure. The owner or operator of the
27CAFO must also report to DNR the number of animals maintained
28as part of the operation converted to animal units. A CAFO’s
29size is determined by calculating its AU capacity. A special
30equivalency factor is assigned for each classification of
31confined animal. For example, each butcher or breeding swine
32weighing more than 55 pounds has an equivalency factor of 0.4
33AUs. The permit requirement threshold of 1,000 AUs means that
34a permit would be required if after construction the CAFO would
35have an AU capacity of 2,500 of such swine (1,000 ÷ 0.4 =
-22-12,500).
2CAFOs — SURETY BONDS. The bill addresses two documents
3filed by the owner of a CAFO with DNR when it administers water
4quality regulations: (1) an application for a construction
5permit (permit) issued by DNR that authorizes the construction,
6including expansion, of a structure and a manure management
7plan (MMP) governing the storage and application of manure
8originating from the operation.
9The bill provides that DNR cannot approve an MMP unless the
10owner furnishes a surety bond for $10 million for the purpose
11of paying costs resulting from the discharge of manure from
12the owner’s operation. Moneys payable under the bond must
13be used in cases in which the discharge has caused property
14damage. The moneys must be used to: (1) reimburse the state or
15a political subdivision, or an agent of the state or political
16subdivision, for costs associated with containment or cleanup;
17(2) the restoration of wild animal populations or habitat; and
18(3) the payment of a judgment award recovered by a plaintiff
19in a civil action. The bill provides for the expiration or
20cancellation of the bond. DNR is authorized to suspend or
21revoke an MMP if a replacement bond is not filed. The bill
22also provides that DNR is prohibited from issuing a permit to
23the owner authorizing the construction of any structure if a
24bond covering an operation has expired, been canceled, been
25suspended, or been revoked.
26CAFOs — PERMITS. The bill requires a board to send a
27notice to certain landowners that a permit application has been
28filed with DNR proposing to construct a structure which is
29part of a proposed or existing CAFO. The notice must be sent
30by certified or ordinary mail to each neighbor holding legal
31title to land located within two miles from the location of
32the proposed construction site. An application must include
33a brief summary of information regarding the proposal, which
34must at least state: (1) the identity of the applicant, (2)
35the type and numbers of animals to be confined at the CAFO if
-23-1each proposed structure were constructed, and (3) the location,
2type, and size of each structure proposed to be constructed.
3The notice must include the summary and may also state time and
4place of a public hearing regarding the application conducted
5by the board. The bill provides that the same information must
6be included in the notice of a public hearing.
7CAFOs — MASTER MATRIX. The bill eliminates provisions
8that require the use of a master matrix as part of the process
9to approve or disapprove a permit for the construction or
10expansion of a structure associated with a CAFO. The master
11matrix is a formula designed to produce a statistically
12verifiable basis for determining whether to approve or
13disapprove an application for the construction of a structure.
14The master matrix measures impacts to air, water, and the
15community (567 IAC ch.65, Appendix C).
16CAFOs — STRUCTURAL FAILURES. The bill requires the owner
17or operator of a CAFO to notify DNR of any actual or probable
18immediate structural failure from an associated structure. The
19failure may be the result of either the design or construction
20of the structure. The determination of a probable immediate
21structural failure must be based on factors established by DNR
22which may include an observation by the owner or operator or
23a report submitted to the owner or operator by a professional
24engineer. DNR is required to adopt rules that provide for
25notice procedures which may take into account factors that
26quantify the level of threat to water quality resulting from a
27discharge or an injury to or death of an animal maintained in
28an associated confinement building.
29OPEN FEEDLOT OPERATIONS — DEFINITION. The bill revises the
30definition of an open feedlot operation (feedlot) to include
31any place whether partially roofed or not where animals are
32maintained without crop, vegetation, or forage growth or
33residue cover.
34CAFOs, FEEDLOTS, AND ANIMAL TRUCK WASH FACILITIES —
35IMPAIRED WATERS. The bill prohibits the construction of a
-24-1structure associated with a CAFO, or animal truck wash facility
2(facility), if the structure is located in a subwatershed
3that includes a water body or water segment that has been
4placed on a list of impaired waters. The prohibition would
5no longer apply once the water was removed from the list and
6DNR determined that the water meets the state surface water
7classification for primary contact recreational use.
8DNR’s list of impaired waters is approved by EPA according
9to federal and state requirements (33 U.S.C. §1313 and Code
10sections 455B.194 and 455B.195). DNR is also required to
11develop a plan for restoring the impaired waters, including by
12identifying its total maximum daily loads; commonly referred to
13as TMDL that calculates the amount of contaminants that a water
14body may receive and still meet federal water quality standards
15(40 C.F.R. §130.7(b)(4)). Based on these measurements, the
16department classifies surface waters for a number of designated
17uses including primary contact recreational use which means
18that the water is considered safe for uses that may result in a
19person’s prolonged and direct contact with the water, including
20by ingestion while swimming (33 U.S.C. §1251(a)(2) and 567 IAC
2161.3).
22CAFOs AND FEEDLOTS — OUTSTANDING IOWA WATERS. The bill
23prohibits a person from constructing or expanding a structure
24associated with a CAFO or feedlot within a watershed having
25a hydrologic unit code scale 12 or smaller, if the watershed
26constitutes an outstanding state resource as designated by the
27department.
28CAFOs AND FEEDLOTS — SINKHOLES. The bill prohibits the
29construction of a structure associated with a CAFO or feedlot
30if DNR has classified the area of construction as prone to the
31formation of sinkholes. In that case, the owner or operator
32of the CAFO or feedlot must file a statement with DNR. The
33statement must be signed by a qualified geologist verifying
34that there is a low probability that a sinkhole if formed would
35exist within the applicable separation distance between the
-25-1sinkhole and structure.
2CAFOs, FEEDLOTS, AND DRY BEDDED CONFINEMENT FEEDING
3OPERATIONS — KARST TERRAIN AND KNOWN SINKHOLES. The bill
4prohibits the construction or expansion of a structure
5associated with a feedlot facility or dry bedded confinement
6feeding operation on karst terrain or terrain that drains
7into a known sinkhole. The bill prohibits the stockpiling of
8certain dry or solid manure on such terrain. The bill also
9regulates the use of structures or stockpiles existing on
10such terrain prior to the bill’s effective date. The bill
11retains or expands vertical separation distances required
12between the bottom of a structure or stockpile and any
13underlying limestone, dolomite, or other soluble rock. The
14bill requires that a stockpile located on the terrain be kept
15in a qualified stockpile structure which is a building or other
16roofed structure. It provides for the removal of manure or
17solids from the stockpile. It also requires that an existing
18stockpile be discontinued on July 1, 2027, unless DNR grants a
19waiver.
20Stockpiling refers to that part of manure or effluent
21produced by agricultural animals which is “dry” or “solid”,
22meaning that it does not flow perceptibly under pressure and is
23not capable of being transported through a mechanical pumping
24device designed to move a liquid.
25Karst terrain is characterized by the presence of bedrock
26composed of limestone or dolomite near the ground surface which
27dissolves easily. Such terrain often includes sinkholes which
28are a depression or hole in the ground caused by a collapse of
29the ground’s surface layer.
30APPLICABLE CIVIL PENALTIES. Compliance with a statutory
31regulation under the Code chapter includes compliance with
32a rule adopted by DNR (Code section 459.103). Code section
33459.602 provides for civil penalties that may be assessed for
34violations of Code chapter 459, subchapter II (air quality
35regulations). A violator is subject to Code section 455B.109,
-26-1which provides for the administrative assessment of civil
2penalties of up to $10,000.
3Each of the three Code chapters provide for the imposition
4and assessment of civil penalties for violations involving
5water quality. A person who violates a water quality provision
6is subject to an administratively assessed civil penalty of not
7more than $10,000 (Code sections 455B.109, 459.603, 459A.502,
8and 459B.402), or a judicially assessed amount of not more than
9$5,000 per each day of the violation (Code sections 455B.191
10and 459.603).
11EFFECTIVE AND APPLICABILITY DATES. The bill takes effect
12upon enactment, except for one provision. The provision
13eliminating the property tax exemption takes effect on January
141, 2020, and applies to tax years beginning on and after that
15date.
-27-da/rn
2providing for the zoning of structures, the regulation of
3structures and operations, providing for property taxes,
4making penalties applicable, and including effective date
5and retroactive applicability provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.304A, subsection 2, Code 2019, is
2amended to read as follows:
32. a. A county shall not adopt or enforce county
4legislation regulating a condition or activity occurring
5on land used for the production, care, feeding, or housing
6of animals unless the regulation of the production, care,
7feeding, or housing of animals is expressly authorized by
8state law. County legislation adopted in violation of this
9section is void and unenforceable and any enforcement activity
10conducted in violation of this section is void. A condition
11or activity occurring on land used for the production, care,
12feeding, or housing of animals includes but is not limited to
13the construction, operation, or management of an animal feeding
14operation, an animal feeding operation structure, or aerobic
15structure, and to the storage, handling, or application of
16manure or egg washwater.
17b. Paragraph “a” does not apply to a confinement feeding
18operations siting ordinance as provided in section 459.305A.
19 Sec. 2. Section 335.2, Code 2019, is amended to read as
20follows:
21335.2 Farms exempt.
221. Except to the extent required to implement section
23335.27, no ordinance adopted under this chapter applies to
24land, farm houses, farm barns, farm outbuildings or other
25buildings or structures which are primarily adapted, by reason
26of nature and area, for use for agricultural purposes, while
27so used. However, the ordinances may apply to any structure,
28building, dam, obstruction, deposit or excavation in or on the
29flood plains of any river or stream.
302. Subsection 1 does not apply to a confinement feeding
31operations siting ordinance as provided in section 459.305A.
32 Sec. 3. Section 427.1, subsection 19, paragraph e,
33subparagraph (1), Code 2019, is amended to read as follows:
34(1) For the purposes of this subsection, “pollution-control
35property”:
-1- 1(a) “Pollution-control property”means personal property or
2improvements to real property, or any portion thereof, used
3primarily to control or abate pollution of any air or water of
4this state or used primarily to enhance the quality of any air
5or water of this state and “recycling property” means personal
6property or improvements to real property or any portion of
7the property, used primarily in the manufacturing process and
8resulting directly in the conversion of waste glass, waste
9plastic, wastepaper products, waste paperboard, or waste wood
10products into new raw materials or products composed primarily
11of recycled material. In the event such property shall also
12serve other purposes or uses of productive benefit to the owner
13of the property, only such portion of the assessed valuation
14thereof as may reasonably be calculated to be necessary for
15and devoted to the control or abatement of pollution, to the
16enhancement of the quality of the air or water of this state,
17or for recycling shall be exempt from taxation under this
18subsection.
19(b) “Pollution-control property” or “recycling property”
20 does not include property used for purposes related to the
21care and feeding of livestock as defined in section 169C.1,
22except for property which is eligible for a family farm tax
23credit as provided in chapter 425A. The exemption calculated
24for pollution-control property or recycling property used for
25the purpose of care and feeding of livestock and which is
26eligible for a family farm tax credit is limited to the first
27one hundred thousand dollars of the property’s assessed value.
28 Sec. 4. Section 459.102, subsection 14, Code 2019, is
29amended to read as follows:
3014. “Confinement feeding operation” means an animal feeding
31operation in which animals are confined to areas which are
32totally or partially roofed.
33 Sec. 5. Section 459.102, Code 2019, is amended by adding the
34following new subsections:
35 NEW SUBSECTION. 17A. “Contract livestock facility” means
-2-1the same as defined in section 202.1.
2 NEW SUBSECTION. 17B. “Contract producer” means the same as
3defined in section 202.1.
4 NEW SUBSECTION. 17C. “Contractor” means the same as defined
5in section 202.1.
6 NEW SUBSECTION. 29A. “Formed egg washwater storage
7structure” means an egg washwater storage structure that has
8walls and a floor constructed of concrete, concrete block,
9wood, steel, or similar materials.
10 NEW SUBSECTION. 42A. “Production contract” means the same
11as defined in section 202.1.
12 NEW SUBSECTION. 57A. “Unformed egg washwater storage
13structure” means an egg washwater storage structure other than
14a formed egg washwater storage structure.
15 Sec. 6. Section 459.103, subsection 2, Code 2019, is amended
16to read as follows:
172. Any provision referring generally to compliance with
18the requirements of this chapter as applied to animal feeding
19operations also includes compliance with requirements in
20rules adopted by the commission pursuant to this section,
21orders issued by the department as authorized under this
22chapter, and the terms and conditions applicable to licenses,
23certifications, permits, or manure management plans required
24under subchapter III. However, for purposes of approving
25or disapproving an application for a construction permit as
26provided in section 459.304, conditions for the approval of an
27application based on results produced by a master matrix are
28not requirements of this chapter until the department approves
29or disapproves an application based on those results.
30 Sec. 7. NEW SECTION. 459.104 Confinement feeding operations
31— impaired waters.
321. As used in this section, unless the context otherwise
33requires:
34a. “Section 303(d) list” means the same as defined in
35section 455B.171.
-3- 1b. “Subwatershed” means the same as defined in section
2466B.2.
32. a. A person shall not construct, including expand, a
4confinement feeding operation structure, if the confinement
5feeding operation structure would be located in a subwatershed
6that drains into a water body or water segment that has been
7placed on the department’s section 303(d) list, regardless of
8whether a total maximum daily load for that water body or water
9segment has been developed.
10b. The department shall not file or approve an application
11for a permit to construct, including expand, a confinement
12feeding operation structure, if the person could not construct
13the confinement feeding operation structure under paragraph
14“a”.
153. Subsection 2 does not apply to prevent a person from
16constructing, including expanding, a confinement feeding
17operation structure as otherwise provided in this subchapter,
18if the confinement feeding operation structure is located in a
19subwatershed that drains into a water body or water segment,
20and the department does all of the following:
21a. Removes the water body or water segment from the section
22303(d) list.
23b. Determines that the water body or water segment is
24classified for a primary contact recreational use as provided
25in 567 IAC 61.3.
264. Nothing in this section shall prohibit a person from
27completing construction, including expansion, of a confinement
28feeding operation structure, if prior to the effective date
29of this Act, the person has begun construction, including
30expansion, of the confinement feeding operation structure as
31otherwise allowed under this chapter.
32 Sec. 8. NEW SECTION. 459.201A Reporting requirement —
33animals maintained at a confinement feeding operation.
34The department may require the owner or operator of a
35confinement feeding operation to submit one or more animals
-4-1confined reports that contain information regarding the number
2of animals maintained at the confinement feeding operation in a
3manner and during a time period that the department determines
4is relevant. The report shall present the information in
5a manner that converts the number of animals maintained to
6equivalent animal units.
7 Sec. 9. NEW SECTION. 459.301A Reporting requirement —
8animals maintained at a confinement feeding operation.
9The department may require the owner or operator of a
10confinement feeding operation to submit one or more animals
11confined reports that contain information regarding the number
12of animals maintained at the confinement feeding operation in a
13manner and during a time period that the department determines
14is relevant. The report shall present the information in
15a manner that converts the number of animals maintained to
16equivalent animal units.
17 Sec. 10. Section 459.303, subsection 1, paragraph a, Code
182019, is amended by adding the following new subparagraph:
19 NEW SUBPARAGRAPH. (3) A confinement feeding operation
20structure if constructed or expanded would exist within an area
21of the state which the department classifies as prone to the
22formation of sinkholes.
23 Sec. 11. Section 459.303, subsection 2, Code 2019, is
24amended by striking the subsection.
25 Sec. 12. Section 459.303, subsection 3, paragraph b, Code
262019, is amended to read as follows:
27b. A manure management plan as provided in section 459.312
28and, a manure management plan filing fee as provided in section
29459.400, and evidence that a surety bond has been furnished to
30the department as provided in section 459.312.
31 Sec. 13. Section 459.303, subsection 3, Code 2019, is
32amended by adding the following new paragraphs:
33 NEW PARAGRAPH. e. A statement acknowledging or denying
34that the applicant and a contractor are parties to a production
35contract, or are negotiating to be parties to a production
-5-1contract. If the statement is an acknowledgment, the
2application shall include all of the following:
3(1) The name and mailing address of the contractor.
4(2) Whether the applicant is a contract producer or is
5negotiating to become a contract producer.
6(3) Whether the confinement feeding operation structure if
7constructed would be part of a confinement feeding operation
8that may become a contract livestock facility.
9 NEW PARAGRAPH. f. A brief summary of the application
10completed on a form prepared by the department in consultation
11with the Iowa state association of counties. The completed
12form shall at least include all of the following:
13(1) The name and mailing address of the applicant.
14(2) The type of animal to be maintained at the confinement
15feeding operation classified by animal unit, if all proposed
16confinement feeding operation structures were constructed.
17(3) The maximum number of animals and the maximum number
18of animal units to be maintained at the confinement feeding
19operation, if all proposed confinement feeding operation
20structures were constructed.
21(4) A brief description of the location, type, and size of
22each confinement feeding operation structure proposed to be
23constructed.
24 NEW PARAGRAPH. g. A list containing the name and last known
25mailing address of each person holding legal title to land
26located within two miles of the confinement feeding operation
27structure proposed to be constructed. The names and mailing
28addresses may be the same as those shown in the records of
29the county auditor of the county located within two miles of
30the confinement feeding operation structure proposed to be
31constructed.
32 Sec. 14. Section 459.303, subsection 4, Code 2019, is
33amended by striking the subsection.
34 Sec. 15. Section 459.303, Code 2019, is amended by adding
35the following new subsection:
-6-1 NEW SUBSECTION. 4A. If the application is for a permit
2to expand a confinement feeding operation, the department may
3require the applicant to submit an animals confined report as
4described in section 459.301A.
5 Sec. 16. Section 459.303, subsection 7, Code 2018, is
6amended by adding the following new paragraph:
7 NEW PARAGRAPH. c. The department shall not issue a
8permit to a person under this section if a surety bond
9furnished to the department under section 459.312 has
10expired, been canceled, been suspended, or been revoked.
11This paragraph applies to a permit for the construction of a
12confinement feeding operation structure regardless of whether
13the confinement feeding operation structure is part of a
14confinement feeding operation described in the bond.
15 Sec. 17. NEW SECTION. 459.305A County control of siting.
161. A county may adopt a confinement feeding operations
17siting ordinance. The purpose of the ordinance is to allow
18the county board of supervisors to approve or disapprove
19the location of any construction, including expansion, of a
20confinement feeding operation within the county.
212. A person shall not construct a confinement feeding
22operation in a county that has adopted a confinement feeding
23operations siting ordinance until the county board of
24supervisors has approved the location of the confinement
25feeding operation in a manner and according to procedures
26required in the ordinance.
27a. The county board of supervisors may subject its
28approval to conditions for the construction or operation of
29the confinement feeding operation or the application of manure
30originating from the confinement feeding operation.
31b. A person required to be issued a permit by the department
32for the construction of a confinement feeding operation as
33provided in section 459.303 must be issued such permit prior to
34obtaining approval by the county board of supervisors.
35c. A county board of supervisors may base its approval or
-7-1disapproval on factors other than factors considered by the
2department when approving or disapproving an application to
3construct the confinement feeding operation.
43. A county may adopt county legislation necessary to
5effectuate the purposes of this section notwithstanding section
6331.304A or 335.2.
7 Sec. 18. Section 459.307, subsection 4, Code 2019, is
8amended by striking the subsection.
9 Sec. 19. Section 459.308, subsection 3, Code 2019, is
10amended by striking the subsection.
11 Sec. 20. NEW SECTION. 459.309 Manure storage structures —
12notice of structural failure.
131. The owner or operator of a confinement feeding operation
14shall notify the department of the structural failure of a
15manure storage structure that is part of the confinement
16feeding operation, regardless of whether it is a failure in
17design or construction or whether such failure may result in a
18violation of section 459.311.
192. The owner or operator of a confinement feeding operation
20shall notify the department of a probable immediate structural
21failure of a manure storage structure that is part of a
22confinement feeding operation, as described in subsection 1.
23The determination of a probable immediate structural failure
24shall be based on factors established by the department which
25may include any of the following:
26a. An observation by the owner or operator of the
27confinement feeding operation that the integrity of the
28structure has been compromised.
29b. An observation by the owner or operator of the
30confinement feeding operation that a discharge from the manure
31storage structure appears to have occurred.
32c. A verbal or written report made to the owner or operator
33of the confinement feeding operation by a professional engineer
34based on the professional engineer’s inspection of the manure
35storage structure.
-8- 13. The department shall adopt rules providing notice
2procedures, including when and how the owner or operator of
3the confinement feeding operation is required to contact the
4department.
5a. The department may provide for different procedures based
6on factors established by the department that quantify the
7level of threat to water quality resulting from a structural
8failure as described in subsection 1 or a probable immediate
9structural failure as described in subsection 2. The factors
10may include but are not limited to any of the following:
11(1) The type and size of the confinement feeding operation
12structure.
13(2) The proximity of any discharge or probable immediate
14discharge to the groundwater, a major water source, or a
15high-quality water source.
16(3) Whether the confinement feeding operation structure is
17located on karst terrain.
18b. The department may provide for different procedures
19based on whether the structural failure has caused or may cause
20injury or suffering to an animal maintained in a confinement
21building that is associated with a manure storage structure.
22 Sec. 21. NEW SECTION. 459.309 Construction and expansion of
23animal feeding operation structures — karst terrain or terrain
24that drains into a known sinkhole.
251. A person shall not construct or expand an animal feeding
26operation structure on karst terrain or terrain that drains
27into a known sinkhole.
282. Subsection 1 does not apply to any of the following:
29a. The construction of a formed manure storage structure
30that is constructed to replace an unformed manure storage
31structure. The formed manure storage structure must
32be constructed in a manner that complies with upgraded
33construction design standards necessary to ensure that the
34structure does not pollute groundwater sources. However, the
35capacity of all replacement formed manure storage structures
-9-1shall not exceed the capacity required to store all manure from
2the animal feeding operation on the effective date of this Act.
3b. The construction of a formed egg washwater storage
4structure that is constructed to replace an unformed egg
5washwater storage structure. The formed egg washwater storage
6structure must be constructed in a manner that complies with
7upgraded construction design standards necessary to ensure that
8the structure does not pollute groundwater sources. However,
9the capacity of all replacement formed egg washwater storage
10structures shall not exceed the capacity required to store
11all egg washwater from the animal feeding operation on the
12effective date of this Act.
133. a. If an unformed manure storage structure was
14constructed on karst terrain or terrain that drains into a
15known sinkhole prior to the effective date of this Act, there
16must be a twenty-five-foot vertical separation distance between
17the bottom of the unformed manure storage structure and any
18underlying limestone, dolomite, or other soluble rock. The
19unformed manure storage structure must have been constructed
20according to construction design standards necessary to ensure
21that the structure does not pollute groundwater sources.
22b. A formed manure storage structure constructed on karst
23terrain or terrain that drains into a known sinkhole prior to
24the effective date of this Act, must have been constructed
25according to construction design standards necessary to ensure
26that the structure does not pollute groundwater sources.
27 Sec. 22. NEW SECTION. 459.309B Sinkholes.
28If the confinement feeding operation structure is to be
29constructed or expanded within an area of the state which the
30department classifies as prone to the formation of sinkholes, a
31statement by a qualified geologist verifying that there is a
32low probability that a sinkhole if formed would exist within
33the applicable separation distance between the sinkhole and
34confinement feeding operation structure as otherwise required
35pursuant section 459.310.
-10-1 Sec. 23. Section 459.311D, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3459.311D Stockpiling dry manure on karst terrain or terrain
4that drains into a known sinkhole.
51. Except as provided in this section, a person shall not
6stockpile dry manure on karst terrain or in an area that drains
7into a known sinkhole.
82. A person who stockpiled dry manure on karst terrain
9or in an area that drains into a known sinkhole prior to the
10effective date of this Act may continue to stockpile the dry
11manure at the same location so long as the person complies with
12all of the following:
13a. There is a vertical separation distance of at least five
14feet between the bottom of the stockpile and the underlying
15limestone, dolomite, or other soluble rock.
16b. The dry manure is stockpiled in a qualified stockpile
17structure.
18c. The person does not expand the volume or weight of dry
19manure.
20d. A person shall discontinue stockpiling dry manure at
21that same location on and after July 1, 2027, unless the
22person obtains a waiver by the department upon such terms and
23conditions required by the department. The department shall
24only grant a waiver if the department is satisfied that the
25stockpiled dry manure does not pollute groundwater sources.
26 Sec. 24. NEW SECTION. 459.311F Outstanding Iowa waters.
27A person shall not construct or expand a confinement feeding
28operation structure in a watershed with a hydrologic unit
29code scale 12 or smaller, if the watershed constitutes an
30outstanding state resource, including waters of exceptional
31recreational or ecological significance, as designated by the
32department.
33 Sec. 25. Section 459.312, subsection 1, paragraph a,
34subparagraph (1), Code 2019, is amended by striking the
35subparagraph.
-11-1 Sec. 26. Section 459.312, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6A. The department shall not approve an
4original manure management plan or an updated manure management
5plan, unless it is accompanied with evidence that a surety bond
6has been furnished to the department by a surety. However, the
7department may approve an original manure management plan on
8the condition that the bond be furnished prior to the date that
9manure is stored in the manure storage structure described in
10the manure management plan.
11a. The surety must be a business entity organized or formed
12in this state or otherwise authorized to do business in this
13state as a surety company and be approved by the department
14according to criteria established by the department. The bond
15shall be in the amount of ten million dollars.
16b. The bond shall run to the state, and guarantee payment
17to the state of costs directly attributable to a violation of
18section 459.311 that causes a discharge of manure from a manure
19storage structure as described in the manure management plan.
20The costs shall be limited to any of the following:
21(1) The reimbursement of moneys expended by the state, a
22political subdivision, or an agent of the state or a political
23subdivision, for reasonable costs of providing for containment
24or cleanup. The reimbursement may cover costs associated with
25cleaning up the confinement feeding operation and remediating
26contamination which originates from the confinement feeding
27operation, pursuant to sections 455B.381 through 455B.399.
28(2) The restoration of wild animal populations or habitat,
29to the extent that any payment received under the bond is not
30duplicative of a restitution payment received by the state
31under section 481A.151.
32(3) Payment of a judgment award recovered by a person in a
33civil action for actual property damages, including reasonable
34attorney’s fees. The bond shall be open to successive judgment
35awards caused by the same violation.
-12- 1c. The total and aggregate liability of the surety for all
2claims by the state arising from the violation shall be limited
3to the face of the bond.
4d. The bond shall not expire until sixty days after
5expiration of the manure management plan. The surety shall
6not cancel the bond without providing for at least forty-five
7days’ notice by certified mail to the department and the
8owner required to submit the manure management plan. When
9the department receives a notice of cancellation, and a bond
10is still required, the department shall automatically suspend
11the manure management plan if the department does not receive
12a replacement bond within thirty days of the delivery of the
13notice of cancellation. If a replacement bond is not furnished
14to the department within ten days following the suspension, the
15department shall automatically revoke the manure management
16plan. In addition, the department shall disapprove all pending
17permit applications for the construction of a confinement
18feeding operation structure filed with the department by the
19owner as provided in section 459.303.
20 Sec. 27. Section 459.312, subsection 10, Code 2019, is
21amended by adding the following new paragraph:
22 NEW PARAGRAPH. 0a. The average number of animal units
23maintained at the confinement feeding operation during a period
24established by the department.
25 Sec. 28. Section 459.319, subsection 2, Code 2019, is
26amended by adding the following new paragraph:
27 NEW PARAGRAPH. c. A person who stockpiles dry manure on
28karst terrain or in an area that drains into a known sinkhole.
29 Sec. 29. Section 459A.102, subsection 28, Code 2019, is
30amended to read as follows:
3128. “Open feedlot operation” or “operation” means an
32unroofed or partially roofed animal feeding operation if crop,
33vegetation, or forage growth or residue cover is not maintained
34as part of the animal feeding operation during the period that
35animals are confined in the animal feeding operation and the
-13-1animals have unrestricted access to any structure.
2 Sec. 30. Section 459A.102, Code 2019, is amended by adding
3the following new subsection:
4 NEW SUBSECTION. 31A. “Qualified stockpile structure” means
5the same as defined in section 459.102.
6 Sec. 31. NEW SECTION. 459A.106 Open feedlot operations and
7small animal truck wash facilities — impaired waters.
81. As used in this section, unless the context otherwise
9requires:
10a. “Section 303(d) list” means the same as defined in
11section 455B.171.
12b. “Subwatershed” means the same as defined in section
13466B.2.
142. a. A person shall not construct, including expand, a
15structure, if the structure would be located in a subwatershed
16that drains into a water body or water segment that has been
17placed on the department’s section 303(d) list, regardless of
18whether a total maximum daily load for that water body or water
19segment has been developed.
20b. The department shall not file or approve an application
21for a permit to construct, including expand, a structure, if
22the person could not construct the structure under paragraph
23“a”.
243. Subsection 2 does not apply to prevent a person from
25constructing, including expanding, a structure as otherwise
26provided in this subchapter, if the structure is located in a
27subwatershed that drains into a water body or water segment,
28and the department does all of the following:
29a. Removes the water body or water segment from the section
30303(d) list.
31b. Determines that the water body or water segment is
32classified for a primary contact recreational use as provided
33in 567 IAC 61.3.
344. Nothing in this section shall prohibit a person from
35completing construction, including expansion, of a structure,
-14-1if prior to the effective date of this Act, the person has
2begun construction, including expansion, of the structure as
3otherwise allowed under this chapter.
4 Sec. 32. NEW SECTION. 459A.107 Outstanding Iowa waters.
5A person shall not construct or expand a structure in a
6watershed with a hydrologic unit code scale 12 or smaller,
7if the watershed constitutes an outstanding state resource,
8including waters of exceptional recreational or ecological
9significance, as designated by the department.
10 Sec. 33. NEW SECTION. 459A.107B Sinkholes.
11If an open feedlot operation structure is to be constructed
12or expanded within an area of the state which the department
13classifies as prone to the formation of sinkholes, a statement
14by a qualified geologist verifying that there is a low
15probability that a sinkhole if formed would exist within
16the applicable separation distance between the sinkhole and
17structure as otherwise required pursuant to section 459.310.
18 Sec. 34. Section 459A.205, subsection 8, paragraph e,
19subparagraph (2), Code 2019, is amended to read as follows:
20(2) If an a formed animal truck wash effluent structure
21is to be constructed on karst terrain as provided in section
22459A.406A, the engineering report must establish that the
23construction complies with the requirements of section
24459A.404.
25 Sec. 35. Section 459A.403, Code 2019, is amended by adding
26the following new subsection:
27 NEW SUBSECTION. 3. A person shall not stockpile solids on
28karst terrain or in an area that drains into a known sinkhole
29except as provided in section 459A.403A.
30 Sec. 36. NEW SECTION. 459A.403A Stockpiling solids on karst
31terrain or terrain that drains into a known sinkhole — open
32feedlots and animal truck wash facility.
331. Except as provided in this section, a person shall not
34stockpile solids on karst terrain or in an area that drains
35into a known sinkhole.
-15- 12. A person who stockpiled solids on karst terrain or in an
2area that drains into a known sinkhole prior to the effective
3date of this Act may continue to stockpile the solids at the
4same location so long as the person complies with all of the
5following:
6a. There is a vertical separation distance of at least five
7feet between the bottom of the stockpile and any underlying
8limestone, dolomite, or other soluble rock.
9b. The solids are stockpiled in a qualified stockpile
10structure.
11c. The person does not expand the volume or weight of
12stockpiled solids.
13d. A person stockpiling solids shall remove the solids and
14apply them in accordance with the provisions of chapter 459,
15including section 459.311 within six months after the solids
16are first stockpiled. A person shall discontinue stockpiling
17the solids at that same location on and after July 1, 2027,
18unless the person obtains a waiver by the department upon
19such terms and conditions required by the department. The
20department shall only grant a waiver if the department is
21satisfied that the stockpiled solids do not pollute groundwater
22sources.
23 Sec. 37. Section 459A.404, subsection 5, Code 2019, is
24amended by striking the subsection.
25 Sec. 38. NEW SECTION. 459A.406 Construction and expansion
26of open feedlot operation structures — karst terrain or terrain
27that drains into a known sinkhole.
281. A person shall not construct or expand an open feedlot
29operation structure on karst terrain or terrain that drains
30into a known sinkhole.
312. If an open feedlot operation structure was constructed
32on karst terrain or terrain that drains into a known sinkhole
33prior to the effective date of this Act, there must be a
34twenty-five-foot vertical separation distance between the
35bottom of the open feedlot operation structure and any
-16-1underlying limestone, dolomite, or other soluble rock. The
2open feedlot operation structure must have been constructed
3according to construction design standards necessary to ensure
4the structure does not pollute groundwater sources.
5 Sec. 39. NEW SECTION. 459A.406A Construction and expansion
6of animal truck wash effluent structures — karst terrain or
7terrain that drains into a known sinkhole.
81. A person shall not construct or expand an animal truck
9wash effluent structure on karst terrain on and after the
10effective date of this Act.
112. Subsection 1 does not apply to the construction
12of a formed animal truck wash effluent structure that is
13constructed to replace an unformed animal truck wash effluent
14structure on karst terrain or terrain that drains into a known
15sinkhole. The formed animal truck wash effluent structure
16must be constructed in a manner that complies with upgraded
17construction design standards necessary to ensure that the
18structure does not pollute groundwater sources. However, the
19capacity of all replacement formed animal truck wash effluent
20structures shall not exceed the capacity required to store all
21animal truck wash effluent from the animal truck wash facility
22on the effective date of this Act.
233. a. If an unformed animal truck wash effluent structure
24was constructed on karst terrain or terrain that drains into a
25known sinkhole prior to the effective date of this Act, there
26must be a twenty-five-foot vertical separation distance between
27the bottom of the unformed animal truck wash effluent structure
28and any underlying limestone, dolomite, or other soluble rock.
29The unformed animal truck wash effluent structure must have
30been constructed according to construction design standards
31necessary to ensure the structure does not pollute groundwater
32sources.
33b. A formed animal truck wash effluent structure constructed
34on karst terrain or terrain that drains into a known sinkhole
35prior to the effective date of this Act, must have been
-17-1constructed according to construction design standards
2necessary to ensure that the structure does not pollute
3groundwater sources.
4 Sec. 40. Section 459B.201, Code 2019, is amended to read as
5follows:
6459B.201 Construction design standards.
7A person constructing a dry bedded confinement feeding
8operation structure on karst terrain or in an alluvial aquifer
9area shall comply with all of the following:
101. The person must construct the dry bedded confinement
11feeding operation structure at a location where there is a
12vertical separation distance of at least five feet between
13the bottom of the floor of the dry bedded confinement feeding
14operation structure and the underlying limestone, dolomite, or
15other soluble rock in karst terrain or the underlying sand and
16gravel aquifer in an alluvial aquifer area.
172. The person must construct the dry bedded confinement
18feeding operation structure with a floor consisting of
19reinforced concrete at least five inches thick.
20 Sec. 41. NEW SECTION. 459B.203 Karst terrain and terrain
21that drains into a known sinkhole — construction and expansion
22of dry bedded confinement feeding operation structures.
231. A person shall not construct or expand a dry bedded
24confinement feeding operation structure on karst terrain or
25terrain that drains into a known sinkhole.
262. If a dry bedded confinement feeding operation structure
27was constructed on karst terrain or terrain that drains into
28a known sinkhole prior to the effective date of this Act,
29there must be a five-foot vertical separation distance between
30the bottom of the dry bedded confinement feeding operation
31structure and any underlying limestone, dolomite, or other
32soluble rock. The dry bedded confinement feeding operation
33structure must have been constructed according to construction
34design standards necessary to ensure the structure does not
35pollute groundwater sources.
-18-1 Sec. 42. Section 459B.307, subsection 1, paragraph e,
2unnumbered paragraph 1, Code 2019, is amended to read as
3follows:
4The person shall not stockpile dry bedded manure on karst
5terrain or in an alluvial aquifer area unless the person
6complies with all of the following:
7 Sec. 43. Section 459B.307, Code 2019, is amended by adding
8the following new subsection:
9 NEW SUBSECTION. 3. A person shall only stockpile dry bedded
10manure on karst terrain or terrain that drains into a known
11sinkhole as provided in section 459B.307A.
12 Sec. 44. NEW SECTION. 459B.307A Stockpiling dry bedded
13manure on karst terrain or terrain that drains into a known
14sinkhole.
151. Except as provided in this section, a person shall not
16stockpile dry bedded manure on karst terrain or in an area that
17drains into a known sinkhole.
182. A person who stockpiled dry bedded manure on karst
19terrain or in an area that drains into a known sinkhole prior
20to the effective date of this Act may continue to stockpile the
21dry bedded manure at the same location so long as the person
22complies with all of the following:
23a. There is a vertical separation distance of at least five
24feet between the bottom of the stockpile and any underlying
25limestone, dolomite, or other soluble rock.
26b. The dry bedded manure is stockpiled in a qualified
27stockpile structure.
28c. The person does not expand the volume or weight of
29stockpiled dry bedded manure.
30d. A person stockpiling dry bedded manure shall remove
31the dry bedded manure and apply it in accordance with the
32provisions of chapter 459, including section 459.311 within
33six months after the dry bedded manure is first stockpiled.
34A person shall discontinue stockpiling dry bedded manure at
35that same location on and after July 1, 2027, unless the
-19-1person obtains a waiver by the department upon such terms and
2conditions required by the department. The department shall
3only grant a waiver if the department is satisfied that the
4stockpiled dry bedded manure does not pollute groundwater
5sources.
6 Sec. 45. Section 481A.151, subsection 1, Code 2019, is
7amended to read as follows:
81. a. A person who is liable for polluting a water of this
9state in violation of state law, including this chapter, shall
10also be liable to pay restitution to the department for injury
11caused to a wild animal by the pollution. The amount of the
12restitution shall also include the department’s administrative
13costs for investigating the incident.
14b. The administration of this section shall not result in
15a duplication of damages collected by the department under
16section 455B.392, subsection 1, paragraph “a”, subparagraph
17(3), or section 459.312, subsection 6A.
18 Sec. 46. REPEAL. Sections 459.304 and 459.305, Code 2019,
19are repealed.
20 Sec. 47. EFFECTIVE DATE. This Act, being deemed of
21immediate importance, takes effect upon enactment, other than
22the section of this Act amending section 427.1, which takes
23effect January 1, 2020.
24 Sec. 48. APPLICABILITY. Section 427.1, as amended in this
25Act, applies to tax years beginning on or after January 1,
262020.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30GENERAL. This bill amends a number of provisions relating
31to animal feeding operations, including confinement feeding
32operations under Code chapter 459 (“Animal Agriculture
33Compliance Act”), open feed lot operations and animal truck
34wash facilities under Code chapter 459A (“Animal Agriculture
35Compliance Act for Open Feedlot Operations and Animal Truck
-20-1Wash Facilities”), and Code chapter 459B (“Animal Agriculture
2Compliance Act for Dry Bedded Confinement Feeding Operations”).
3CONFINEMENT FEEDING OPERATIONS — COUNTY ZONING. The
4bill provides that a county may adopt a confinement feeding
5operations siting ordinance which allows a county board of
6supervisors (board) to approve the site where the construction
7of a structure associated with a confinement feeding operation
8(CAFO) is to occur. The board may place conditions on site
9approval if the conditions relate to the construction or
10operation of the confinement feeding operation or to manure
11application.
12The bill provides that the county may adopt the ordinance
13notwithstanding provisions in Code section 331.304A which
14prohibits a county from adopting legislation that regulates
15animal agriculture and Code section 335.2 which prohibits a
16county from adopting an ordinance that provides for the zoning
17of farm structures.
18CAFOs — PROPERTY TAXATION. The bill amends Code section
19427.1, which provides a number of exemptions from property
20taxation. The Code section includes an exemption for certain
21types of pollution-control and recycling property as certified
22by the department of natural resources. The bill limits this
23tax exemption for such property that is related to the care
24and feeding of livestock by requiring that the property used
25for the care and feeding of livestock must be eligible for a
26family farm tax credit under Code chapter 425A. The bill also
27provides that the tax credit still available is limited to the
28first $100,000 of the property’s assessed value.
29CAFOs — DEFINITION. The bill provides that a CAFO includes
30any partially roofed area which animals are confined.
31CAFOs — CONTRACT PRODUCTION. The bill amends provisions
32that require the department of natural resources (DNR) to
33approve or disapprove an application for a permit to construct
34a confinement feeding operation structure (structure) which
35is part of an existing or proposed CAFO. The bill provides
-21-1that the application must state whether the CAFO is or could
2become a contract livestock facility. It also provides that
3the statement must be included in the notice of a public
4hearing conducted by the board in the county where the proposed
5structure is to be constructed.
6Code chapter 202 regulates the relationship between a
7contractor and a contract producer of a commodity, including
8livestock, and the Code chapter includes a number of defined
9terms. A contractor is a person who enters into an agreement
10with an agricultural producer to raise livestock on property
11held by the agricultural producer (contract livestock
12facility). The agricultural producer is referred to as a
13contract producer. The contract is referred to as a production
14contract.
15CAFOs — REPORTING. The bill provides that for purposes
16of administering and enforcing Code chapter 459, subchapter
17II, relating to air quality and Code chapter 459, subchapter
18III, relating to water quality, DNR may require that the owner
19or operator of a CAFO submit one or more animals confined
20reports that contain information regarding the number of
21animals maintained at the operation in a manner and during
22a time period that DNR determines is relevant. The report
23must present the information in a manner that calculates the
24number of animals maintained as animal units (AU). The bill
25authorizes DNR to require a report as part of a construction
26permit to expand a structure. The owner or operator of the
27CAFO must also report to DNR the number of animals maintained
28as part of the operation converted to animal units. A CAFO’s
29size is determined by calculating its AU capacity. A special
30equivalency factor is assigned for each classification of
31confined animal. For example, each butcher or breeding swine
32weighing more than 55 pounds has an equivalency factor of 0.4
33AUs. The permit requirement threshold of 1,000 AUs means that
34a permit would be required if after construction the CAFO would
35have an AU capacity of 2,500 of such swine (1,000 ÷ 0.4 =
-22-12,500).
2CAFOs — SURETY BONDS. The bill addresses two documents
3filed by the owner of a CAFO with DNR when it administers water
4quality regulations: (1) an application for a construction
5permit (permit) issued by DNR that authorizes the construction,
6including expansion, of a structure and a manure management
7plan (MMP) governing the storage and application of manure
8originating from the operation.
9The bill provides that DNR cannot approve an MMP unless the
10owner furnishes a surety bond for $10 million for the purpose
11of paying costs resulting from the discharge of manure from
12the owner’s operation. Moneys payable under the bond must
13be used in cases in which the discharge has caused property
14damage. The moneys must be used to: (1) reimburse the state or
15a political subdivision, or an agent of the state or political
16subdivision, for costs associated with containment or cleanup;
17(2) the restoration of wild animal populations or habitat; and
18(3) the payment of a judgment award recovered by a plaintiff
19in a civil action. The bill provides for the expiration or
20cancellation of the bond. DNR is authorized to suspend or
21revoke an MMP if a replacement bond is not filed. The bill
22also provides that DNR is prohibited from issuing a permit to
23the owner authorizing the construction of any structure if a
24bond covering an operation has expired, been canceled, been
25suspended, or been revoked.
26CAFOs — PERMITS. The bill requires a board to send a
27notice to certain landowners that a permit application has been
28filed with DNR proposing to construct a structure which is
29part of a proposed or existing CAFO. The notice must be sent
30by certified or ordinary mail to each neighbor holding legal
31title to land located within two miles from the location of
32the proposed construction site. An application must include
33a brief summary of information regarding the proposal, which
34must at least state: (1) the identity of the applicant, (2)
35the type and numbers of animals to be confined at the CAFO if
-23-1each proposed structure were constructed, and (3) the location,
2type, and size of each structure proposed to be constructed.
3The notice must include the summary and may also state time and
4place of a public hearing regarding the application conducted
5by the board. The bill provides that the same information must
6be included in the notice of a public hearing.
7CAFOs — MASTER MATRIX. The bill eliminates provisions
8that require the use of a master matrix as part of the process
9to approve or disapprove a permit for the construction or
10expansion of a structure associated with a CAFO. The master
11matrix is a formula designed to produce a statistically
12verifiable basis for determining whether to approve or
13disapprove an application for the construction of a structure.
14The master matrix measures impacts to air, water, and the
15community (567 IAC ch.65, Appendix C).
16CAFOs — STRUCTURAL FAILURES. The bill requires the owner
17or operator of a CAFO to notify DNR of any actual or probable
18immediate structural failure from an associated structure. The
19failure may be the result of either the design or construction
20of the structure. The determination of a probable immediate
21structural failure must be based on factors established by DNR
22which may include an observation by the owner or operator or
23a report submitted to the owner or operator by a professional
24engineer. DNR is required to adopt rules that provide for
25notice procedures which may take into account factors that
26quantify the level of threat to water quality resulting from a
27discharge or an injury to or death of an animal maintained in
28an associated confinement building.
29OPEN FEEDLOT OPERATIONS — DEFINITION. The bill revises the
30definition of an open feedlot operation (feedlot) to include
31any place whether partially roofed or not where animals are
32maintained without crop, vegetation, or forage growth or
33residue cover.
34CAFOs, FEEDLOTS, AND ANIMAL TRUCK WASH FACILITIES —
35IMPAIRED WATERS. The bill prohibits the construction of a
-24-1structure associated with a CAFO, or animal truck wash facility
2(facility), if the structure is located in a subwatershed
3that includes a water body or water segment that has been
4placed on a list of impaired waters. The prohibition would
5no longer apply once the water was removed from the list and
6DNR determined that the water meets the state surface water
7classification for primary contact recreational use.
8DNR’s list of impaired waters is approved by EPA according
9to federal and state requirements (33 U.S.C. §1313 and Code
10sections 455B.194 and 455B.195). DNR is also required to
11develop a plan for restoring the impaired waters, including by
12identifying its total maximum daily loads; commonly referred to
13as TMDL that calculates the amount of contaminants that a water
14body may receive and still meet federal water quality standards
15(40 C.F.R. §130.7(b)(4)). Based on these measurements, the
16department classifies surface waters for a number of designated
17uses including primary contact recreational use which means
18that the water is considered safe for uses that may result in a
19person’s prolonged and direct contact with the water, including
20by ingestion while swimming (33 U.S.C. §1251(a)(2) and 567 IAC
2161.3).
22CAFOs AND FEEDLOTS — OUTSTANDING IOWA WATERS. The bill
23prohibits a person from constructing or expanding a structure
24associated with a CAFO or feedlot within a watershed having
25a hydrologic unit code scale 12 or smaller, if the watershed
26constitutes an outstanding state resource as designated by the
27department.
28CAFOs AND FEEDLOTS — SINKHOLES. The bill prohibits the
29construction of a structure associated with a CAFO or feedlot
30if DNR has classified the area of construction as prone to the
31formation of sinkholes. In that case, the owner or operator
32of the CAFO or feedlot must file a statement with DNR. The
33statement must be signed by a qualified geologist verifying
34that there is a low probability that a sinkhole if formed would
35exist within the applicable separation distance between the
-25-1sinkhole and structure.
2CAFOs, FEEDLOTS, AND DRY BEDDED CONFINEMENT FEEDING
3OPERATIONS — KARST TERRAIN AND KNOWN SINKHOLES. The bill
4prohibits the construction or expansion of a structure
5associated with a feedlot facility or dry bedded confinement
6feeding operation on karst terrain or terrain that drains
7into a known sinkhole. The bill prohibits the stockpiling of
8certain dry or solid manure on such terrain. The bill also
9regulates the use of structures or stockpiles existing on
10such terrain prior to the bill’s effective date. The bill
11retains or expands vertical separation distances required
12between the bottom of a structure or stockpile and any
13underlying limestone, dolomite, or other soluble rock. The
14bill requires that a stockpile located on the terrain be kept
15in a qualified stockpile structure which is a building or other
16roofed structure. It provides for the removal of manure or
17solids from the stockpile. It also requires that an existing
18stockpile be discontinued on July 1, 2027, unless DNR grants a
19waiver.
20Stockpiling refers to that part of manure or effluent
21produced by agricultural animals which is “dry” or “solid”,
22meaning that it does not flow perceptibly under pressure and is
23not capable of being transported through a mechanical pumping
24device designed to move a liquid.
25Karst terrain is characterized by the presence of bedrock
26composed of limestone or dolomite near the ground surface which
27dissolves easily. Such terrain often includes sinkholes which
28are a depression or hole in the ground caused by a collapse of
29the ground’s surface layer.
30APPLICABLE CIVIL PENALTIES. Compliance with a statutory
31regulation under the Code chapter includes compliance with
32a rule adopted by DNR (Code section 459.103). Code section
33459.602 provides for civil penalties that may be assessed for
34violations of Code chapter 459, subchapter II (air quality
35regulations). A violator is subject to Code section 455B.109,
-26-1which provides for the administrative assessment of civil
2penalties of up to $10,000.
3Each of the three Code chapters provide for the imposition
4and assessment of civil penalties for violations involving
5water quality. A person who violates a water quality provision
6is subject to an administratively assessed civil penalty of not
7more than $10,000 (Code sections 455B.109, 459.603, 459A.502,
8and 459B.402), or a judicially assessed amount of not more than
9$5,000 per each day of the violation (Code sections 455B.191
10and 459.603).
11EFFECTIVE AND APPLICABILITY DATES. The bill takes effect
12upon enactment, except for one provision. The provision
13eliminating the property tax exemption takes effect on January
141, 2020, and applies to tax years beginning on and after that
15date.
-27-da/rn