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House File 2305 - IntroducedA Bill ForAn Act 1providing for the regulation of confinement feeding
2operations, and making penalties applicable and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.102, subsection 15, Code 2022, is
2amended to read as follows:
315. “Confinement feeding operation” means an animal feeding
4operation in which animals are confined to areas which are
5totally or partially roofed.
6 Sec. 2. Section 459.102, Code 2022, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 16A. “Confinement feeding operation
9integrator” or “integrator” means a person who does all of the
10following:
11a. Acts alone, or in conjunction with others, to directly
12or indirectly control the manufacturing, processing, or
13preparation for sale of meat products under the federal Meat
14Inspection Act or poultry products under the federal Poultry
15Products Inspection Act as those terms are defined in section
16189A.2.
17b. Owns animals that are maintained at a confinement feeding
18operation that is not owned by the person.
19 NEW SUBSECTION. 18A. “Contract producer” means a person who
20owns a confinement feeding operation, if animals maintained at
21the confinement feeding operation are owned by another person.
22 Sec. 3. NEW SECTION. 459.104 Prohibition on construction
23and expansion of confinement feeding operation structures.
241. Notwithstanding section 459.303, or any other provision
25of law to the contrary, a person shall not construct or expand
26a confinement feeding operation structure.
272. Subsection 1 does not apply to a small animal feeding
28operation.
293. This section shall not prohibit a person from completing
30construction, including expansion, of a confinement feeding
31operation structure, if prior to the effective date of this
32Act, the person began such construction as otherwise allowed
33under this chapter.
344. This section is repealed July 1, 2027.
35 Sec. 4. Section 459.301, Code 2022, is amended by adding the
-1-1following new subsections:
2 NEW SUBSECTION. 1A. A confinement feeding operation
3integrator shall be deemed to be a joint owner of a confinement
4feeding operation together with the titleholder of the land
5where the confinement feeding operation is located, if all of
6the following apply:
7a. The integrator owns animals that are maintained at the
8confinement feeding operation.
9b. The integrator enters into a production contract with
10a contact producer for the maintenance of the animals at a
11confinement feeding operation owned by the contract producer.
12A production contract is entered into when it is signed or
13orally agreed to by each party or by a person who is authorized
14by a party to act on the party’s behalf.
15c. The confinement feeding operation where the animals are
16maintained has an animal unit capacity of one thousand or more
17animal units.
18d. (1) The integrator exercises substantial operational
19control over the confinement feeding operation where the
20animals are maintained.
21(2) The department shall determine whether an integrator
22exercises substantial operational control based on criteria
23established by rules adopted by the department, including but
24not limited to the extent that any of the following apply:
25(a) The integrator holds a legal interest as a creditor in
26a confinement feeding operation structure that is part of the
27confinement feeding operation.
28(b) The integrator provides on-site supervision of the
29confinement feeding operation.
30(c) The integrator provides the contract producer direction
31regarding any of the following:
32(i) How the animals are maintained, including providing for
33the care and feeding of the animals or the administration of
34vaccines or medicine to the animals.
35(ii) When, how, or under what circumstances the animals are
-2-1to be moved from the confinement feeding operation.
2(iii) The storage or application of manure originating from
3the confinement feeding operation.
4 NEW SUBSECTION. 1B. a. A confinement feeding operation
5integrator may act directly or indirectly to own animals
6maintained at a confinement feeding operation, or exercise
7substantial operational control over the confinement feeding
8operation.
9b. An integrator acts indirectly by acting or attempting
10to accomplish an act through an interest in a business
11association, through one or more affiliates or intermediaries,
12or by any method other than a direct approach, including by any
13circuitous or oblique method.
14 Sec. 5. Section 459.303, Code 2022, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 1A. The application shall include
17information regarding any person who owns animals maintained
18at the confinement feeding operation. If the confinement
19feeding operation is deemed to be jointly owned by a contract
20producer and confinement feeding operation integrator under
21section 459.301, the application must be submitted jointly by
22the contract producer and the integrator.
23 Sec. 6. Section 459.311, subsection 2, Code 2022, is amended
24to read as follows:
252. Notwithstanding subsection 1, The owner of a confinement
26feeding operation that is a concentrated animal feeding
27operation as defined in 40 C.F.R. §122.23(b) shall comply with
28applicable national pollutant discharge elimination system
29permit requirements as provided in the federal Water Pollution
30Control Act, 33 U.S.C. ch.26, as amended, and 40 C.F.R. pts.
31122 and 412, pursuant to rules that shall be adopted by the
32commission. Any rules adopted pursuant to this subsection
33shall be no more stringent than requirements under the federal
34Water Pollution Control Act, 33 U.S.C. ch.26, as amended, and
3540 C.F.R. pts.122 and 412.
-3-1 Sec. 7. Section 459.312, Code 2022, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 1A. The manure management plan shall state
4information regarding any person who owns animals maintained at
5the confinement feeding operation. If the confinement feeding
6operation is deemed to be jointly owned by a contract producer
7and confinement feeding operation integrator under section
8459.301, the manure management plan must be submitted jointly
9by the contract producer and the integrator. The production
10contract for the confinement feeding operation shall be part
11of the manure management plan.
12 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
13importance, takes effect upon enactment.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17GENERAL. This bill amends Code chapter 459 (the animal
18agriculture compliance Act) (Code section 459.101) which
19authorizes the department of natural resources (DNR) to
20regulate confinement feeding operations. Specifically, the
21bill amends Code chapter 459, subchapter III, providing for
22water quality.
23PARTIALLY ROOFED BUILDINGS INCLUDED. The bill revises
24the definition of a confinement feeding operation to include
25a building that is partially roofed (amended Code section
26459.102(15)).
27MORATORIUM ON CONSTRUCTION. The bill prohibits the
28construction, including expansion, of a confinement feeding
29operation structure. Such a structure includes a confinement
30building, a manure storage structure, or an egg washwater
31structure (new Code section 459.104). An exception allows
32construction if the new structure is part of a small animal
33feeding operation (500 or fewer animal units). The bill does
34not prohibit a person from completing construction if the
35person had begun construction prior to the effective date of
-4-1the bill. The moratorium expires on July 1, 2027.
2NPDES PERMITS. The bill amends a provision that requires
3a confinement feeding operation to comply with applicable
4national pollutant discharge elimination system (NPDES) permit
5requirements under the federal Water Pollution Control Act,
6by providing that any rules adopted by DNR are to be more
7stringent than requirements under the Act.
8CONFINEMENT FEEDING OPERATION INTEGRATION. The bill
9provides for an arrangement involving a confinement feeding
10operation integrator (integrator) and contract producer. An
11integrator is a meat or poultry processor that owns animals
12maintained by another person at a confinement feeding
13operation. The contract producer is a person who owns a
14confinement feeding operation where animals owned by another
15person are maintained (amended Code section 459.102). An
16integrator is deemed to be a joint owner of a confinement
17feeding operation under certain conditions: (1) the integrator
18owns animals that are maintained at the confinement feeding
19operation, (2) the integrator enters into a production contract
20with a contract producer for the maintenance of the animals at
21a confinement feeding operation, (3) the confinement feeding
22operation has an animal unit capacity of 1,000 or more animal
23units, and (4) the integrator exercises substantial operational
24control over the confinement feeding operation (amended Code
25section 459.301). A construction permit application (amended
26Code section 459.303) and a manure management plan (amended
27Code section 459.313) required to be filed with the DNR
28must include information regarding the ownership of animals
29maintained at the confinement feeding operation.
30BACKGROUND — ANIMAL UNIT CAPACITY. An animal unit capacity
31refers to the maximum number of animal units that may be
32maintained in all confinement feeding operation structures
33associated with a confinement feeding operation at any one time
34(Code sections 459.102 and 459.301). In calculating animal
35unit capacity, each of various types of animals is assigned a
-5-1special equivalency factor which is multiplied by the number
2of head of animals subject to confinement. For example, each
3butcher or breeding swine weighing more than 55 pounds has an
4equivalency factor of 0.4 animal units (Code section 459.102).
5BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
6 Compliance with a statutory regulation under the Code chapter
7includes compliance with a rule adopted by DNR (Code section
8459.103). A person violating a water quality regulation is
9subject to the administrative assessment of a civil penalty
10or a judicially assessed civil penalty of up to $5,000 (Code
11sections 455B.109, 455B.191, and 459.603).
12EFFECTIVE DATE. The bill takes effect upon enactment.
-6-da/ns
2operations, and making penalties applicable and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.102, subsection 15, Code 2022, is
2amended to read as follows:
315. “Confinement feeding operation” means an animal feeding
4operation in which animals are confined to areas which are
5totally or partially roofed.
6 Sec. 2. Section 459.102, Code 2022, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 16A. “Confinement feeding operation
9integrator” or “integrator” means a person who does all of the
10following:
11a. Acts alone, or in conjunction with others, to directly
12or indirectly control the manufacturing, processing, or
13preparation for sale of meat products under the federal Meat
14Inspection Act or poultry products under the federal Poultry
15Products Inspection Act as those terms are defined in section
16189A.2.
17b. Owns animals that are maintained at a confinement feeding
18operation that is not owned by the person.
19 NEW SUBSECTION. 18A. “Contract producer” means a person who
20owns a confinement feeding operation, if animals maintained at
21the confinement feeding operation are owned by another person.
22 Sec. 3. NEW SECTION. 459.104 Prohibition on construction
23and expansion of confinement feeding operation structures.
241. Notwithstanding section 459.303, or any other provision
25of law to the contrary, a person shall not construct or expand
26a confinement feeding operation structure.
272. Subsection 1 does not apply to a small animal feeding
28operation.
293. This section shall not prohibit a person from completing
30construction, including expansion, of a confinement feeding
31operation structure, if prior to the effective date of this
32Act, the person began such construction as otherwise allowed
33under this chapter.
344. This section is repealed July 1, 2027.
35 Sec. 4. Section 459.301, Code 2022, is amended by adding the
-1-1following new subsections:
2 NEW SUBSECTION. 1A. A confinement feeding operation
3integrator shall be deemed to be a joint owner of a confinement
4feeding operation together with the titleholder of the land
5where the confinement feeding operation is located, if all of
6the following apply:
7a. The integrator owns animals that are maintained at the
8confinement feeding operation.
9b. The integrator enters into a production contract with
10a contact producer for the maintenance of the animals at a
11confinement feeding operation owned by the contract producer.
12A production contract is entered into when it is signed or
13orally agreed to by each party or by a person who is authorized
14by a party to act on the party’s behalf.
15c. The confinement feeding operation where the animals are
16maintained has an animal unit capacity of one thousand or more
17animal units.
18d. (1) The integrator exercises substantial operational
19control over the confinement feeding operation where the
20animals are maintained.
21(2) The department shall determine whether an integrator
22exercises substantial operational control based on criteria
23established by rules adopted by the department, including but
24not limited to the extent that any of the following apply:
25(a) The integrator holds a legal interest as a creditor in
26a confinement feeding operation structure that is part of the
27confinement feeding operation.
28(b) The integrator provides on-site supervision of the
29confinement feeding operation.
30(c) The integrator provides the contract producer direction
31regarding any of the following:
32(i) How the animals are maintained, including providing for
33the care and feeding of the animals or the administration of
34vaccines or medicine to the animals.
35(ii) When, how, or under what circumstances the animals are
-2-1to be moved from the confinement feeding operation.
2(iii) The storage or application of manure originating from
3the confinement feeding operation.
4 NEW SUBSECTION. 1B. a. A confinement feeding operation
5integrator may act directly or indirectly to own animals
6maintained at a confinement feeding operation, or exercise
7substantial operational control over the confinement feeding
8operation.
9b. An integrator acts indirectly by acting or attempting
10to accomplish an act through an interest in a business
11association, through one or more affiliates or intermediaries,
12or by any method other than a direct approach, including by any
13circuitous or oblique method.
14 Sec. 5. Section 459.303, Code 2022, is amended by adding the
15following new subsection:
16 NEW SUBSECTION. 1A. The application shall include
17information regarding any person who owns animals maintained
18at the confinement feeding operation. If the confinement
19feeding operation is deemed to be jointly owned by a contract
20producer and confinement feeding operation integrator under
21section 459.301, the application must be submitted jointly by
22the contract producer and the integrator.
23 Sec. 6. Section 459.311, subsection 2, Code 2022, is amended
24to read as follows:
252. Notwithstanding subsection 1, The owner of a confinement
26feeding operation that is a concentrated animal feeding
27operation as defined in 40 C.F.R. §122.23(b) shall comply with
28applicable national pollutant discharge elimination system
29permit requirements as provided in the federal Water Pollution
30Control Act, 33 U.S.C. ch.26, as amended, and 40 C.F.R. pts.
31122 and 412, pursuant to rules that shall be adopted by the
32commission. Any rules adopted pursuant to this subsection
33shall be no more stringent than requirements under the federal
34Water Pollution Control Act, 33 U.S.C. ch.26, as amended, and
3540 C.F.R. pts.122 and 412.
-3-1 Sec. 7. Section 459.312, Code 2022, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 1A. The manure management plan shall state
4information regarding any person who owns animals maintained at
5the confinement feeding operation. If the confinement feeding
6operation is deemed to be jointly owned by a contract producer
7and confinement feeding operation integrator under section
8459.301, the manure management plan must be submitted jointly
9by the contract producer and the integrator. The production
10contract for the confinement feeding operation shall be part
11of the manure management plan.
12 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate
13importance, takes effect upon enactment.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17GENERAL. This bill amends Code chapter 459 (the animal
18agriculture compliance Act) (Code section 459.101) which
19authorizes the department of natural resources (DNR) to
20regulate confinement feeding operations. Specifically, the
21bill amends Code chapter 459, subchapter III, providing for
22water quality.
23PARTIALLY ROOFED BUILDINGS INCLUDED. The bill revises
24the definition of a confinement feeding operation to include
25a building that is partially roofed (amended Code section
26459.102(15)).
27MORATORIUM ON CONSTRUCTION. The bill prohibits the
28construction, including expansion, of a confinement feeding
29operation structure. Such a structure includes a confinement
30building, a manure storage structure, or an egg washwater
31structure (new Code section 459.104). An exception allows
32construction if the new structure is part of a small animal
33feeding operation (500 or fewer animal units). The bill does
34not prohibit a person from completing construction if the
35person had begun construction prior to the effective date of
-4-1the bill. The moratorium expires on July 1, 2027.
2NPDES PERMITS. The bill amends a provision that requires
3a confinement feeding operation to comply with applicable
4national pollutant discharge elimination system (NPDES) permit
5requirements under the federal Water Pollution Control Act,
6by providing that any rules adopted by DNR are to be more
7stringent than requirements under the Act.
8CONFINEMENT FEEDING OPERATION INTEGRATION. The bill
9provides for an arrangement involving a confinement feeding
10operation integrator (integrator) and contract producer. An
11integrator is a meat or poultry processor that owns animals
12maintained by another person at a confinement feeding
13operation. The contract producer is a person who owns a
14confinement feeding operation where animals owned by another
15person are maintained (amended Code section 459.102). An
16integrator is deemed to be a joint owner of a confinement
17feeding operation under certain conditions: (1) the integrator
18owns animals that are maintained at the confinement feeding
19operation, (2) the integrator enters into a production contract
20with a contract producer for the maintenance of the animals at
21a confinement feeding operation, (3) the confinement feeding
22operation has an animal unit capacity of 1,000 or more animal
23units, and (4) the integrator exercises substantial operational
24control over the confinement feeding operation (amended Code
25section 459.301). A construction permit application (amended
26Code section 459.303) and a manure management plan (amended
27Code section 459.313) required to be filed with the DNR
28must include information regarding the ownership of animals
29maintained at the confinement feeding operation.
30BACKGROUND — ANIMAL UNIT CAPACITY. An animal unit capacity
31refers to the maximum number of animal units that may be
32maintained in all confinement feeding operation structures
33associated with a confinement feeding operation at any one time
34(Code sections 459.102 and 459.301). In calculating animal
35unit capacity, each of various types of animals is assigned a
-5-1special equivalency factor which is multiplied by the number
2of head of animals subject to confinement. For example, each
3butcher or breeding swine weighing more than 55 pounds has an
4equivalency factor of 0.4 animal units (Code section 459.102).
5BACKGROUND — ENFORCEMENT AND APPLICABLE CIVIL PENALTIES.
6 Compliance with a statutory regulation under the Code chapter
7includes compliance with a rule adopted by DNR (Code section
8459.103). A person violating a water quality regulation is
9subject to the administrative assessment of a civil penalty
10or a judicially assessed civil penalty of up to $5,000 (Code
11sections 455B.109, 455B.191, and 459.603).
12EFFECTIVE DATE. The bill takes effect upon enactment.
-6-da/ns