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House File 522 - 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 459.102, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. “Anaerobic digester system” means
4a manure storage structure that is covered, if the primary
5function of the manure storage structure is to process manure
6by employing environmental conditions including bacteria to
7break down organic matter in the absence of oxygen, and is used
8for producing, collecting, and utilizing a biogas.
9 Sec. 2. Section 459.206, subsection 2, Code 2021, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. c. A qualified confinement feeding operation
12that processes manure using an anaerobic digester system.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16GENERAL. This bill amends provisions in Code chapter 459,
17the “Animal Agriculture Compliance Act” (Act) (Code section
18459.101) and specifically subchapter II which regulates
19air quality. The department of natural resources (DNR)
20regulates confinement feeding operations (operations) including
21associated structures. The bill provides that a qualified
22confinement feeding operation (qualified operation) may store
23and process manure from the qualified operation using an
24anaerobic digester system (digester). The digester would be
25an alternative to the current requirement that a qualified
26operation must utilize a manure storage structure that (1)
27employs bacterial action, (2) is maintained by the utilization
28of air or oxygen, and (3) includes aeration equipment (amended
29Code section 459.206). A digester is a covered manure storage
30structure having a primary function to process manure by
31utilizing bacteria to break down organic matter in the absence
32of oxygen for purposes of producing, collecting, and utilizing
33a biogas.
34SPECIAL TERMS. An operation is a roofed area in which
35animals used in agricultural production are kept for 45 days or
-1-1more in any 12-month period (Code section 459.102(4) and (14)).
2A qualified operation refers to an operation meeting a certain
3animal unit (AU) capacity (AUC) threshold (e.g., for a swine
4farrow-to-finish operation, 5,400 or more AUs, and for a cattle
5operation, 8,500 or more AUs) (Code section 459.102(46)). In
6calculating the AU, a special equivalency factor is assigned
7for each classification of confined animal (Code section
8459.102(6) and (7)). For example, swine weighing more than
955 pounds equal .40 AU each and slaughter or feeder cattle
10equal 1.00 AU each. A manure storage structure may be a formed
11or unformed structure which is part of an operation subject
12to a number of regulations including separation distance
13requirements (Code sections 459.202 and 459.203), permitting
14requirements (Code section 459.303), and construction
15requirements (Code section 459.306 and 459.307).
16ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance with
17a statutory regulation under the Act includes compliance with a
18rule adopted by DNR (Code section 459.103). A civil penalty
19assessed for an air quality violation of the Act (Code section
20459.602) cannot exceed $10,000 for each violation (Code section
21455B.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 459.102, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. “Anaerobic digester system” means
4a manure storage structure that is covered, if the primary
5function of the manure storage structure is to process manure
6by employing environmental conditions including bacteria to
7break down organic matter in the absence of oxygen, and is used
8for producing, collecting, and utilizing a biogas.
9 Sec. 2. Section 459.206, subsection 2, Code 2021, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. c. A qualified confinement feeding operation
12that processes manure using an anaerobic digester system.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16GENERAL. This bill amends provisions in Code chapter 459,
17the “Animal Agriculture Compliance Act” (Act) (Code section
18459.101) and specifically subchapter II which regulates
19air quality. The department of natural resources (DNR)
20regulates confinement feeding operations (operations) including
21associated structures. The bill provides that a qualified
22confinement feeding operation (qualified operation) may store
23and process manure from the qualified operation using an
24anaerobic digester system (digester). The digester would be
25an alternative to the current requirement that a qualified
26operation must utilize a manure storage structure that (1)
27employs bacterial action, (2) is maintained by the utilization
28of air or oxygen, and (3) includes aeration equipment (amended
29Code section 459.206). A digester is a covered manure storage
30structure having a primary function to process manure by
31utilizing bacteria to break down organic matter in the absence
32of oxygen for purposes of producing, collecting, and utilizing
33a biogas.
34SPECIAL TERMS. An operation is a roofed area in which
35animals used in agricultural production are kept for 45 days or
-1-1more in any 12-month period (Code section 459.102(4) and (14)).
2A qualified operation refers to an operation meeting a certain
3animal unit (AU) capacity (AUC) threshold (e.g., for a swine
4farrow-to-finish operation, 5,400 or more AUs, and for a cattle
5operation, 8,500 or more AUs) (Code section 459.102(46)). In
6calculating the AU, a special equivalency factor is assigned
7for each classification of confined animal (Code section
8459.102(6) and (7)). For example, swine weighing more than
955 pounds equal .40 AU each and slaughter or feeder cattle
10equal 1.00 AU each. A manure storage structure may be a formed
11or unformed structure which is part of an operation subject
12to a number of regulations including separation distance
13requirements (Code sections 459.202 and 459.203), permitting
14requirements (Code section 459.303), and construction
15requirements (Code section 459.306 and 459.307).
16ENFORCEMENT AND APPLICABLE CIVIL PENALTIES. Compliance with
17a statutory regulation under the Act includes compliance with a
18rule adopted by DNR (Code section 459.103). A civil penalty
19assessed for an air quality violation of the Act (Code section
20459.602) cannot exceed $10,000 for each violation (Code section
21455B.109).
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