Print
Senate File 2254 - IntroducedA Bill ForAn Act 1establishing a moratorium relating to the construction,
2including expansion, of certain confinement feeding
3operation structures, requesting an interim study committee,
4and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 459.104 Moratorium — confinement
2feeding operation structures requiring construction permit.
31. Notwithstanding section 459.303 or any other provision
4of law to the contrary, the department shall not approve an
5application for a permit for the construction, including
6expansion, of a confinement feeding operation structure.
72. Nothing in this section shall prohibit a person from
8completing construction, including expansion, of a confinement
9feeding operation structure if, prior to the effective date
10of this Act, the person has begun construction, including
11expansion, of the confinement feeding operation structure as
12otherwise allowed under this chapter.
13 Sec. 2. INTERIM STUDY COMMITTEE — CONFINEMENT FEEDING
14OPERATION STRUCTURE PERMIT APPROVAL. The legislative council
15is requested to establish an interim study committee to
16consider methods to provide for greater public participation
17in the process of approving or disapproving the construction,
18including expansion, of confinement feeding operation
19structures. The interim study committee shall consider methods
20to provide for greater decision-making by county boards of
21supervisors and by the reformation of the master matrix as
22provided in section 459.305. If established, the interim study
23committee shall submit a report to the general assembly by
24January 10, 2021, which includes findings and recommendations.
25 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
26importance, takes effect upon enactment.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30MORATORIUM. This bill amends Code chapter 459 (the “Animal
31Agriculture Compliance Act”) by establishing a moratorium on
32the construction, including expansion, of confinement feeding
33operation structures (structures) such as buildings or manure
34storage structures associated with the confinement feeding
35operation.
-1- 1The bill provides that during the period of the moratorium,
2the department of natural resources is prohibited from
3approving an application for a permit to construct a
4structure. The bill does not prohibit a person from completing
5construction if, prior to the effective date of the bill, the
6person has begun the construction.
7LEGISLATIVE STUDY. The bill requests that the legislative
8council establish an interim committee to study methods to
9increase greater public participation in the construction of
10structures and submit a report to the general assembly by
11January 10, 2021.
12BACKGROUND. The department of natural resources regulates
13confinement feeding operations. A confinement feeding
14operation refers to an area in which certain animals associated
15with agriculture are confined and fed and maintained under a
16roof for 45 days or more in any 12-month period, and includes
17associated structures including buildings and facilities used
18to store manure. A permit to construct or expand a structure
19is required if the structure is an unformed manure storage
20structure (e.g., an anaerobic lagoon or earthen manure storage
21structure) or the structure is associated with a confinement
22feeding operation of a certain size based on a calculation
23of its proposed animal unit capacity (AUC) which equals the
24maximum number of animal units that may be maintained under
25roof at any one time (Code section 459.102). A permit is
26required if the confinement feeding operation would have an
27AUC of 1,000 or more. In calculating AUC, each of various
28types of animals are assigned a special equivalency factor.
29For example, a butcher or breeding swine weighing more than
3055 pounds has an equivalency factor of 0.4 animal units (Code
31section 459.102). A confinement feeding operation proposed to
32include one or more buildings with a capacity of 2,500 breeding
33swine would be required to obtain a permit (2,500 x 0.4 = 1,000
34AUC).
35EFFECTIVE DATE. The bill takes effect upon enactment.
-2-da/ns
2including expansion, of certain confinement feeding
3operation structures, requesting an interim study committee,
4and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 459.104 Moratorium — confinement
2feeding operation structures requiring construction permit.
31. Notwithstanding section 459.303 or any other provision
4of law to the contrary, the department shall not approve an
5application for a permit for the construction, including
6expansion, of a confinement feeding operation structure.
72. Nothing in this section shall prohibit a person from
8completing construction, including expansion, of a confinement
9feeding operation structure if, prior to the effective date
10of this Act, the person has begun construction, including
11expansion, of the confinement feeding operation structure as
12otherwise allowed under this chapter.
13 Sec. 2. INTERIM STUDY COMMITTEE — CONFINEMENT FEEDING
14OPERATION STRUCTURE PERMIT APPROVAL. The legislative council
15is requested to establish an interim study committee to
16consider methods to provide for greater public participation
17in the process of approving or disapproving the construction,
18including expansion, of confinement feeding operation
19structures. The interim study committee shall consider methods
20to provide for greater decision-making by county boards of
21supervisors and by the reformation of the master matrix as
22provided in section 459.305. If established, the interim study
23committee shall submit a report to the general assembly by
24January 10, 2021, which includes findings and recommendations.
25 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
26importance, takes effect upon enactment.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30MORATORIUM. This bill amends Code chapter 459 (the “Animal
31Agriculture Compliance Act”) by establishing a moratorium on
32the construction, including expansion, of confinement feeding
33operation structures (structures) such as buildings or manure
34storage structures associated with the confinement feeding
35operation.
-1- 1The bill provides that during the period of the moratorium,
2the department of natural resources is prohibited from
3approving an application for a permit to construct a
4structure. The bill does not prohibit a person from completing
5construction if, prior to the effective date of the bill, the
6person has begun the construction.
7LEGISLATIVE STUDY. The bill requests that the legislative
8council establish an interim committee to study methods to
9increase greater public participation in the construction of
10structures and submit a report to the general assembly by
11January 10, 2021.
12BACKGROUND. The department of natural resources regulates
13confinement feeding operations. A confinement feeding
14operation refers to an area in which certain animals associated
15with agriculture are confined and fed and maintained under a
16roof for 45 days or more in any 12-month period, and includes
17associated structures including buildings and facilities used
18to store manure. A permit to construct or expand a structure
19is required if the structure is an unformed manure storage
20structure (e.g., an anaerobic lagoon or earthen manure storage
21structure) or the structure is associated with a confinement
22feeding operation of a certain size based on a calculation
23of its proposed animal unit capacity (AUC) which equals the
24maximum number of animal units that may be maintained under
25roof at any one time (Code section 459.102). A permit is
26required if the confinement feeding operation would have an
27AUC of 1,000 or more. In calculating AUC, each of various
28types of animals are assigned a special equivalency factor.
29For example, a butcher or breeding swine weighing more than
3055 pounds has an equivalency factor of 0.4 animal units (Code
31section 459.102). A confinement feeding operation proposed to
32include one or more buildings with a capacity of 2,500 breeding
33swine would be required to obtain a permit (2,500 x 0.4 = 1,000
34AUC).
35EFFECTIVE DATE. The bill takes effect upon enactment.
-2-da/ns