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House File 440 - IntroducedA Bill ForAn Act 1relating to the regulation of confinement feeding
2operations, including by providing for partially roofed
3structures and prohibiting the construction, including
4expansion, of structures, making penalties applicable, and
5including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.102, subsection 14, Code 2021, is
2amended to read as follows:
314. “Confinement feeding operation” means an animal feeding
4operation in which animals are confined to areas which are
5totally or partially roofed.
6 Sec. 2. NEW SECTION. 459.104 Moratorium — confinement
7feeding operation structures.
81. Notwithstanding any provision of this chapter or any
9other provision of law to the contrary, a person shall not
10construct, including expand, a confinement feeding operation
11structure.
122. Subsection 1 does not apply to a confinement feeding
13operation structure that is part of a small animal feeding
14operation.
153. This section shall not prohibit a person from completing
16construction, including expansion, of a confinement feeding
17operation structure if, prior to the effective date of this
18Act, the person has begun construction, including expansion,
19of the confinement feeding operation structure as otherwise
20allowed under this chapter.
21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
22importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26GENERAL. This bill amends Code chapter 459 (the “Animal
27Agriculture Compliance Act”)(Code section 459.101) which
28regulates confinement feeding operations. The bill revises
29the definition of a confinement feeding operation to include
30an operation that is partially roofed (amended Code section
31459.102(14)). The bill also prohibits the construction,
32including expansion, of a confinement feeding operation
33structure. Such a structure includes a confinement building, a
34manure storage structure, or an egg washwater structure. The
35bill provides an exception that allows construction if the new
-1-1structure is part of a small animal feeding operation. The
2bill does not prohibit a person from completing construction if
3the person had begun construction prior to the effective date
4of the bill.
5BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
6 Compliance with a statutory regulation under the Code chapter
7includes compliance with a rule adopted by the department of
8natural resources (Code section 459.103). A person violating
9air quality regulations under Code chapter 459, subchapter
10II, is subject to an administrative assessment of a civil
11penalty of up to $10,000 (Code sections 459.602 and 455B.109).
12A person violating a water quality regulation under Code
13chapter 459, subchapter III, is subject to the administrative
14assessment of a civil penalty or a judicially assessed civil
15penalty of up to $5,000 (Code sections 459.603, 455B.109, and
16455B.191).
17EFFECTIVE DATE. The bill takes effect upon enactment.
-2-da/ns
2operations, including by providing for partially roofed
3structures and prohibiting the construction, including
4expansion, of structures, making penalties applicable, and
5including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.102, subsection 14, Code 2021, is
2amended to read as follows:
314. “Confinement feeding operation” means an animal feeding
4operation in which animals are confined to areas which are
5totally or partially roofed.
6 Sec. 2. NEW SECTION. 459.104 Moratorium — confinement
7feeding operation structures.
81. Notwithstanding any provision of this chapter or any
9other provision of law to the contrary, a person shall not
10construct, including expand, a confinement feeding operation
11structure.
122. Subsection 1 does not apply to a confinement feeding
13operation structure that is part of a small animal feeding
14operation.
153. This section shall not prohibit a person from completing
16construction, including expansion, of a confinement feeding
17operation structure if, prior to the effective date of this
18Act, the person has begun construction, including expansion,
19of the confinement feeding operation structure as otherwise
20allowed under this chapter.
21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
22importance, takes effect upon enactment.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26GENERAL. This bill amends Code chapter 459 (the “Animal
27Agriculture Compliance Act”)(Code section 459.101) which
28regulates confinement feeding operations. The bill revises
29the definition of a confinement feeding operation to include
30an operation that is partially roofed (amended Code section
31459.102(14)). The bill also prohibits the construction,
32including expansion, of a confinement feeding operation
33structure. Such a structure includes a confinement building, a
34manure storage structure, or an egg washwater structure. The
35bill provides an exception that allows construction if the new
-1-1structure is part of a small animal feeding operation. The
2bill does not prohibit a person from completing construction if
3the person had begun construction prior to the effective date
4of the bill.
5BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
6 Compliance with a statutory regulation under the Code chapter
7includes compliance with a rule adopted by the department of
8natural resources (Code section 459.103). A person violating
9air quality regulations under Code chapter 459, subchapter
10II, is subject to an administrative assessment of a civil
11penalty of up to $10,000 (Code sections 459.602 and 455B.109).
12A person violating a water quality regulation under Code
13chapter 459, subchapter III, is subject to the administrative
14assessment of a civil penalty or a judicially assessed civil
15penalty of up to $5,000 (Code sections 459.603, 455B.109, and
16455B.191).
17EFFECTIVE DATE. The bill takes effect upon enactment.
-2-da/ns