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House File 287 - IntroducedA Bill ForAn Act 1providing that a qualified confinement feeding operation
2may utilize an anaerobic digester system to treat manure,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.206, subsection 2, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. A qualified confinement feeding operation
4that treats manure using an anaerobic digester system. The
5anaerobic digester system must include components that process
6plant or animal materials based on the absence of oxygen and
7produce methane or other biogas used to generate electricity,
8hydrogen fuel, or heat for a commercial purpose.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12GENERAL. This bill amends provisions in Code chapter 459,
13the “Animal Agriculture Compliance Act” (Act) (Code section
14459.101) and specifically subchapter II which regulates
15air quality. The department of natural resources (DNR)
16regulates confinement feeding operations (operations) including
17associated structures. The bill provides that a qualified
18confinement feeding operation (qualified operation) may treat
19manure from the qualified operation using an anaerobic digester
20system (digester). The digester would be an alternative to the
21current requirement that a qualified operation must utilize a
22manure storage structure that (1) employs bacterial action,
23(2) is maintained by the utilization of air or oxygen, and (3)
24includes aeration equipment (amended Code section 459.206).
25A digester is used to produce methane or other biogas for
26purposes of generating electricity, hydrogen fuel, or heat for
27a commercial purpose.
28SPECIAL TERMS. An operation is a roofed area in which
29animals used in agricultural production are kept for 45 days or
30more in any 12-month period (Code section 459.102(4) and (14)).
31A qualified operation refers to an operation meeting a certain
32animal unit (AU) capacity (AUC) threshold (e.g., for a swine
33farrow-to-finish operation, 5,400 or more AUs and for a cattle
34operation, 8,500 or more AUs) (Code section 459.102(46)). In
35calculating the AU, a special equivalency factor is assigned
-1-1for each classification of confined animal (Code section
2459.102(6) and (7)). For example, swine weighing more than 55
3pounds equal .40 AU each and slaughter or feeder cattle equal
41.00 AU each.
5ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance with
6a statutory regulation under the Act includes compliance with a
7rule adopted by DNR (Code section 459.103). A civil penalty
8assessed for an air quality violation of the Act (Code section
9459.602) cannot exceed $10,000 for each violation (Code section
10455B.109).
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2may utilize an anaerobic digester system to treat manure,
3and making penalties applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.206, subsection 2, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. c. A qualified confinement feeding operation
4that treats manure using an anaerobic digester system. The
5anaerobic digester system must include components that process
6plant or animal materials based on the absence of oxygen and
7produce methane or other biogas used to generate electricity,
8hydrogen fuel, or heat for a commercial purpose.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12GENERAL. This bill amends provisions in Code chapter 459,
13the “Animal Agriculture Compliance Act” (Act) (Code section
14459.101) and specifically subchapter II which regulates
15air quality. The department of natural resources (DNR)
16regulates confinement feeding operations (operations) including
17associated structures. The bill provides that a qualified
18confinement feeding operation (qualified operation) may treat
19manure from the qualified operation using an anaerobic digester
20system (digester). The digester would be an alternative to the
21current requirement that a qualified operation must utilize a
22manure storage structure that (1) employs bacterial action,
23(2) is maintained by the utilization of air or oxygen, and (3)
24includes aeration equipment (amended Code section 459.206).
25A digester is used to produce methane or other biogas for
26purposes of generating electricity, hydrogen fuel, or heat for
27a commercial purpose.
28SPECIAL TERMS. An operation is a roofed area in which
29animals used in agricultural production are kept for 45 days or
30more in any 12-month period (Code section 459.102(4) and (14)).
31A qualified operation refers to an operation meeting a certain
32animal unit (AU) capacity (AUC) threshold (e.g., for a swine
33farrow-to-finish operation, 5,400 or more AUs and for a cattle
34operation, 8,500 or more AUs) (Code section 459.102(46)). In
35calculating the AU, a special equivalency factor is assigned
-1-1for each classification of confined animal (Code section
2459.102(6) and (7)). For example, swine weighing more than 55
3pounds equal .40 AU each and slaughter or feeder cattle equal
41.00 AU each.
5ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance with
6a statutory regulation under the Act includes compliance with a
7rule adopted by DNR (Code section 459.103). A civil penalty
8assessed for an air quality violation of the Act (Code section
9459.602) cannot exceed $10,000 for each violation (Code section
10455B.109).
-2-da/ns